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Beaufort County Council accepts Airbnb settlement, amends counsel fees and waives privilege for some emails

Beaufort County Council · January 13, 2025
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Summary

After executive session the council approved a settlement with Airbnb over unpaid accommodations taxes and business license fees, agreed to an amended outside‑counsel fee arrangement, and voted to waive privilege for specified attorney emails to comply with a state ethics subpoena.

Beaufort County Council voted unanimously to accept a settlement offer resolving litigation with Airbnb related to the company’s collection and remittance of local accommodations taxes and business license fees.

Councilman McEllen moved the settlement, asking the county administrator to execute an agreement reflecting terms discussed in executive session. The council directed that the prorated settlement proceeds be apportioned with 90% deposited to the local accommodations tax (ATAX) account and 10% to business license receipts in the general fund. "The prorated amounts that Beaufort County receives be apportioned and distributed as follows, 90% to local ATAX and deposited into the local ATAX account, and 10% to the business license fees and deposited into the general fund," the mover said.

Separately, the council approved an amendment to the fee agreement with outside counsel (Thurman Kirchner and associates) handling the case and authorized the county administrator to execute it. A council member said the fee amendment would increase net receipts to the county by about $60,000.

The council also voted unanimously to waive attorney‑client privilege for email communications from June 2021 through August 2023 between county attorneys or retained counsel and county administration — with exceptions for active litigation, mediation or settlement matters — and to provide those communications to the State Ethics Commission in response to subpoenas dated Feb. 27, 2024 and a renewed December 2024 request.

Council members discussed possible uses for the ATAX allocation, including repairs to boat ramps, and confirmed the settlement procedure and fee arrangement. The council took all votes after returning from executive session.

What happens next: County administrator will execute the settlement and amended fee agreement; county staff will work on distributing the apportioned settlement funds per council direction and will comply with the State Ethics Commission subpoena for specified emails.

Reporting from the meeting: Motion to accept settlement moved by Councilman McEllen; amendment to counsel fee moved and approved; privilege waiver moved and approved.