Asheville City Council votes to enter closed session citing state statutes and pending Roth case

The Asheville City Council voted to enter a closed session after Council Member Hess moved that the body adjourn to a private meeting to discuss privileged legal matters.

Council Member Hess read the motion aloud, saying the closed session was authorized “to prevent disclosure of information that is privileged and confidential, pursuant to the laws of North Carolina” and citing the statutory authorization under North Carolina General Statute § 143-318.11(a)(1) and § 143-318.10(e). He also said the council would consult with the city attorney under § 143-318.11(a)(3), including discussion of handling or settlement of the case he identified as "Roth versus the City of Asheville, case number 21 C V S 1 4 5 8 dash 1 0 0."

The mayor seconded the motion. The mayor then called for those in favor to say “Aye.” A voice vote recorded an “Aye,” and no opposition was voiced on the audio. The mayor announced the council would retire to the closed session.

The action the council took was procedural: moving from an open public meeting into a closed session permitted by state statute for privileged communications with counsel and for matters involving pending litigation. The transcript contains the statutory citations read into the record and the case name identified by the council member; the public record of any discussion or outcome from that closed session is not available in the transcript.

The council left the public meeting and proceeded to the closed session; no further public actions or votes were recorded in the available transcript.