MITCHELL COUNTY BOARD OF COMMISSIONERS

MINUTES

EMERGENCY SESSION

OCTOBER 27, 2010

NORTH CAROLINA

MITCHELL COUNTY

The Mitchell County Board of Commissioners met in emergency session on October 27, 2010 at 1:00 p.m. in the Commissioner’s Conference Room, Administration Building, Bakersville, NC. Those present for the meeting were Lisa Sparks, Chair; Kevin Street, Vice-Chairman; Lee Roy Ledford, Member; Marvin Miller, Member; Patrick Phillips, Member; Charles Vines, County Manager and Kathy Young, Clerk to the Board. Also present were Hal Harrison, County Attorney, and Corey Hoilman, Reporter with the Mitchell-News Journal.

1. CALL TO ORDER – Chairman Sparks called the meeting to order at 1:00 p.m.

2. CLOSED SESSION – Commissioner Phillips moved to enter into Closed Session

in accordance with N.C.G.S. 143-318.11(a)(3) which reads as follows: To consult with an attorney employed or retained by the public body in order to preserve the attorney‑client privilege between the attorney and the public body, which privilege is hereby acknowledged. General policy matters may not be discussed in a closed session and nothing herein shall be construed to permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the public body is a participant. The public body may consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration, or administrative procedure. If the public has approved or considered a settlement, other than a malpractice settlement by or on behalf of a hospital, in closed session, the terms of that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded and (7) To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct. Commissioner Ledford seconded the motion and it carried unanimously.

Commissioner Phillips moved to go out of Closed Session. Commissioner Miller

seconded the motion and it carried unanimously.

Closed Session was held from 1:03 p.m. until 1:47 p.m.

Commissioner Ledford moved that this board request the District Attorney for the 24th Judicial District to conduct an investigation into possible criminal misconduct by the Mitchell County Register of Deeds. Commissioner Miller seconded the motion and it carried unanimously.

Commissioner Street moved to adjourn the meeting. Commissioner Ledford seconded the motion and it carried unanimously.

The meeting adjourned at 1:50 p.m.

MITCHELL COUNTY BOARD OF COMMISSIONERS

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Lisa Sparks, Chair

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Kevin Street, Vice-Chairman

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Lee Roy Ledford, Member

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Marvin Miller, Member

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Patrick Phillips, Member

ATTEST:

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Kathy Young, Clerk to the Board