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Commission votes to enter closed session to discuss ongoing litigation, citing attorney–client privilege
Summary
The commission voted to enter a closed session under N.C. Gen. Stat. § 143-318.11(a)(3) to consult with counsel about an ongoing legal matter described in the record as MRA v. Town of Montreat, a case pending in Buncombe County and on appeal; the motion was made by Commissioner Alexander and seconded by Commissioner Widmer.
Commissioner Alexander moved that the board enter closed session "as authorized by…143-318.11(a)(3," citing the statute that permits closed sessions for attorney–client privileged consultations. Commissioner Widmer seconded the motion; the board voted in favor by voice vote and went into closed session.
Before entering closed session, a speaker clarified that the discussion would be limited to the legal posture of an ongoing case identified in the record as MRA v. Town of Montreat, pending in Buncombe County and before the Court of Appeals. The speaker said they did not have a case number available and emphasized the subject was attorney–client privileged legal strategy, not general policy debate.
After the closed session, the board returned to open session. The meeting record does not disclose the content of the closed-session deliberations, consistent with the asserted privilege.
