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Board moves to closed session to consult attorney on pending litigation

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Summary

The Rockingham County Board of Commissioners voted to enter closed session under N.C. Gen. Stat. a7 143-318.11(a)(1) and (a)(3) to approve closed session minutes and consult the attorney about a pending case naming the county and several individuals; the board anticipated no action on return, the attorney said.

Rockingham County commissioners voted to enter closed session on Sept. 2 to approve closed-session minutes and consult with counsel about a pending lawsuit. The motion cited North Carolina statutes N.C. Gen. Stat. a7 143-318.11(a)(1) (personnel) and a7 143-318.11(a)(3) (consultation with the attorney).

The item described litigation in the matter captioned in the meeting record as Melissa Eford, personal representative of the estate of Kyle Barrett Kepley, plaintiff v. Rockingham County Sheriff Samuel Scott Page (in his official capacity) and several named individuals and entities. The motion to go into closed session was made by Commissioner Kjellum and seconded by Commissioner Barrow; the board approved by voice vote. A county attorney present said the board did not anticipate taking any action after the closed session.

Why it matters: The board used statutory authority to consult privately with legal counsel about litigation. The meeting record shows the board approved entering closed session under the cited statutory provisions and recorded the parties named in the complaint.

Next steps: The board entered closed session; the public record contained no additional action on the matter at the open meeting.