September 11, 1973

THE HONORABLE ELLIS D. MEREDITH
Treasurer of Montgomery County

73-74 453A

This is in reply to your recent letter wherein you inquire:

"When the governing body (Board of Supervisors) of a county holds an executive session relating to county matters, can the County Treasurer attend these meetings or can he be excluded from such executive sessions. If so, what procedures would be required."

Section 2.1-343 of the Code of Virginia (1950), as amended, requires that all meetings shall be public meetings except as provided in §§ 2.1-344 and 2.1-345 or as otherwise specifically provided by law. Section 2.1-344 delineates those purposes for which closed sessions may be held. It would be my opinion that where a meeting was properly called as an executive meeting pursuant to § 2.1-344, the only persons who would have a right to attend such meeting would be the constituent members of that body. I am further unable to find any specific provision elsewhere in the Code which would require that a County Treasurer be permitted to attend meetings of the Board of Supervisors. Accordingly, I am of the opinion that the Board of Supervisors is not required to permit the County Treasurer to attend their meetings when such meetings are properly held in executive session pursuant to § 2.1-344.