Commissioners enter executive session; county attorney announces $45,000 settlement to be added to next agenda

The Board of County Commissioners voted to enter executive session to discuss attorney-client privileged communications related to a potential settlement in a pending case titled in the transcript as Andreas (also recorded as Andrea) Simmons v. Union County.

County counsel stated the board intended to enter an executive session under the Open Public Meetings Act for attorney-client privileged communications about the potential settlement and that the executive-session minutes will be kept separately and made available, redacted as appropriate, in approximately 30 days.

Commissioner Mirabella moved to enter executive session and Commissioner Kowalski seconded the motion. The clerk called the roll; the record reflects eight affirmative votes to enter executive session (Commissioners Baker, Granados, Kowalski, Mirabella, Palmeri Mudett, Williams, Vice Chairman Bodek and Chairwoman Leon).

After returning from executive session, county counsel announced the result: “there will be another resolution added to the county council's resolutions to approve settlement of the matter of Andre Simmons/Andrea Simmons versus Union County in the amount of $45,000,” to be considered on the regular meeting agenda. The announcement specified the settlement amount but did not record a formal public vote approving the payment at the agenda-setting session.

The board then voted to return from executive session; the clerk recorded nine affirmative votes during that roll call. County counsel noted that original executive-session minutes are retained by the clerk and will be released, appropriately redacted, when confidentiality limitations are removed.

No further details about the terms of the settlement or the underlying claims were disclosed in the public session.