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Buncombe elections board discusses outside counsel retention, agrees to delay formal retention until new board seated
Summary
Board members debated hiring outside counsel for municipal-agreement review and agreed to wait until the incoming board is seated to finalize a retention; staff noted a $20,000 contingency line and said the proposed outside counsel expects to work remotely with an hourly rate discussed.
Board members discussed plans to retain outside legal counsel to review a draft municipal billing agreement and related materials. The board did not sign a retention agreement at the meeting and agreed to wait until the new board is seated in July before executing a contract.
Steve Aceto, a board member, recommended having an independent firm review the draft agreement to avoid an appearance that the county attorney or county government is ‘‘putting their thumb on the scale’’ when the agreement would involve funds moving from municipalities to Buncombe County. Director Duncan said she had spoken to Colin Shive of Therrington Smith about reviewing the draft and that Shive had offered to provide a written review and expected to handle the work without regular travel to Buncombe County.
Duncan said she told Shive it makes sense to wait until the new board is in place before signing a retention agreement so new members would not feel ‘‘painted into a corner.’’ Shive told staff the work would likely be handled remotely and that his firm did not anticipate litigation; the expected hourly rate mentioned in discussion was $285, and the firm would revisit terms if litigation became likely.
Board members discussed transparency and attorney‑client privilege. One member asked how the public would be informed if two board members met with counsel in advance of a meeting; other members and counsel recommended using written reviews and bringing any substantive lawyer‑facilitated discussions into a noticed public meeting or an executive session when the law allows for attorney‑client communications. Director Duncan said the office has a $20,000 contingency line for legal counsel in its budget and that staff can move funds among line items if necessary while the board determines an annual legal‑services budget.
Ending: The board agreed not to execute a retention agreement before the July board changeover; staff will return with documentation and a proposed budget approach for legal services after further review and outreach.
