Council amends HRCA appointment rules to resolve litigation; some members register protest vote

As part of its consent‑item business on Aug. 26, Asheville City Council adopted an amendment to the ordinance that governs appointments to the Human Rights and Community Affairs (HRCA) body. The amendment removes a contested subsection of the appointment process that city staff said had generated litigation and legal risk.

What staff said: The city attorney explained to council that the change is a “minor modification” to the appointment subsection and was taken to resolve ongoing litigation that challenged the earlier appointment wording. According to the attorney, the city negotiated settlement language that preserves the council’s ability to ensure equal opportunity for board composition while removing the clause that had prompted the lawsuit. Staff said the settlement resolves the litigation with no further liability for the city.

Council debate: Councilmember Kim Roni said she would vote “no” to the amendment, explaining she saw the original HRCA membership guidelines as an important reminder to invite representation from those most affected by policies (people with disabilities, racial minorities and others). Other members said the change was pragmatic and necessary to avoid protracted litigation and expense, and that the city retained tools to ensure equitable board appointments through other mechanisms. The city manager and legal staff noted a recent change in the federal posture on diversity, equity and inclusion and rising litigation risk for some appointment rules.

Outcome: Council adopted the ordinance amendment (Item Q) with a recorded dissenting vote. Staff said the ordinance change preserves existing members and the council’s appointment authority while eliminating the subsection that triggered litigation.

Ending: Council adopted the HRCA appointment amendment to end litigation risk while calling for continued attention to equitable representation when appointing advisory board members.