BC 2004 04 20 RECESSED - Laserfiche WebLink

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