Asheville City Council votes to enter closed session citing attorney-client privilege

The Asheville City Council voted to go into a closed session at the start of its meeting to discuss matters the council said are privileged and confidential and to consult with the city attorney.

Council Member Hess moved that the council enter a closed session “to prevent disclosure of information that is privileged and confidential, pursuant to the laws of North Carolina, or not considered a public record within the meaning of Chapter 132 of the General Statutes,” and “to consult with an attorney employed by the city about matters with respect to which the attorney-client privilege between the city and the attorney must be preserved, including, but not limited to, providing the city attorney with instructions concerning the handling or settlement of a claim or judicial action.”

The motion cited North Carolina General Statutes related to closed sessions, including N.C. Gen. Stat. § 143-318.11(a)(1) (to prevent disclosure of privileged/confidential information), N.C. Gen. Stat. § 143-318.10(e) (defining certain records not public), and N.C. Gen. Stat. § 143-318.11(a)(3) (consultation with the city attorney). The mayor called for a second, a council member seconded the motion, and the council voiced assent. The chair then announced the council would go into closed session.

The meeting record shows the council made the procedural decision by voice vote; no recorded opposition was stated on the public transcript before the council left for closed session. No further details about the subject matter discussed in closed session were disclosed in the public portion of the meeting.