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April 20, 2004 ~ ~ ~, Page 433 <br /> <br />A~proval of Minutes/General Accounts <br /> <br /> UPON MOTION of Commissioner Carruth, seconded by Commissioner Privette <br />and unanimously carried, the Board approved the minutes/general accounts of <br />Closed Sessions on July 28, 2003 and November 17, 2003(A) as written and <br />authormzed the release of those minutes/general accounts. <br /> <br /> Chairman Freeman read the following statement relative to the release <br />of the minutes/general accounts of closed Sessions: <br /> <br />In the spirit of cooperation, Cabarrus County voluntarlly is <br />releasing the minutes from two closed-session meetings of its <br />Board of Commissioners. At the closed-session meetings of July <br />28, 2003, and November 17, 2003, commissioners invited Attorney <br />James Scarbrough to provide factual information regarding <br />potential and actual litigation contemplated and/or brought by <br />his clients, Craft Homes and Morrison Development, against <br />Cabarrus County and the City of Concord. <br /> <br />The Charlotte Observer, in an article printed April 15, 2004, <br />quoted City of Concord Manager Brian Hiatt as stating the County <br />and two developers are in "collusion" regarding matters <br />pertaining to these lawsuits. The Charlotte Observer article <br />further alleges that the County violated the Open Meetings Law <br />when Scarbrough, attorney for the plaintiffs, met with the Board <br />of Commissioners in closed session on two occasions. <br /> <br />Cabarrus County adamantly denies engaging in any "collusion" with <br />any party, at any time. At the two closed meetings in question, <br />Scarbrough attended the meetings for the limited purpose of <br />presenting factual information, and then left prior to any <br />discussion regarding potential litigation. <br /> <br />The current county attorney has not found any precedent in the <br />state of North Carolina that states the presence of opposing <br />counsel, for the sole purpose of presenting his client's pos~tlon <br />with regard to pending or threatened litigation against the <br />County, automatically waives the County's attorney-client <br />privilege. <br /> <br />wh~le Cabarrus County voluntarily elects to release for public <br />review the minutes of the closed meetings in question, this <br />election is not to be deemed a waiver of the County's right to go <br />into closed session regarding certain matters and its right to <br />maintain attorney-client privilege as provided by North Carolina <br />law. <br /> <br />Recess of Meetin~ <br /> <br /> UPON MOTION of Commissioner Carruth, seconded by Commissioner Carpenter <br />and unanimously carried, the Board voted to recess the meeting at 7:55 p.m. <br />until 11:00 a.m. on Monday, April 26, 2004, at the Cabarrus County <br />Governmental Center. <br /> <br />Clerk to the Board <br /> <br /> <br />