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Register of Deeds

Patty Young

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Mitchell County Commissioners
Minutes, Special Session
February 14, 2011

NORTH CAROLINA
MITCHELL COUNTY

The Mitchell County Board of Commissioners met in special session on February 14, 2011 at 3:00 p.m. in the Commissioner’s Conference Room, Administration Building, Bakersville, NC. Those present for the meeting were: Marvin Miller, Chairman; Lee Roy Ledford, Vice-Chairman; Ken Hollifield, Member; Bill Slagle, Member; Joe Street, Member; Charles Vines, County Manager and Kathy Young, Clerk to the Board. Also present were Hal Harrison, County Attorney, Mavis Parsley, Finance Officer; and Corey Hoilman, Reporter with the Mitchell-News Journal.

  1. CALL TO ORDER – Chairman Miller called the meeting to order at 3:00 p.m.

  2. INVOCATION – Commissioner Hollifield gave the invocation.

  3. UPDATE FROM COUNTY ATTORNEY HARRISON – County Attorney Harrison informed the Board the purpose of the special called meeting was because issues arising out of the Office of Register of Deeds. As you know irregularities were discovered in the Office of Register of Deeds in September/October of last year. There was an investigation by the County Manager and Finance Officer and as a result of that the matter was turned over to District Attorney, Jerry Wilson. District Attorney Wilson requested an SBI investigation, which was, concluded in December. That investigation led the DA on this day the 14th day of February 2011 to submit a Bill of Indictment to the Grand Jury. County Attorney Harrison presented the Board with copies of the two (2) Bills of Indictment (a copy is hereby attached and becomes a part of the minutes as Attachment A). He stated the first document was an Indictment of Embezzlement and the second document is a related misdemeanor indict for the failure to discharge the duties of the Register of Deeds. The critical consequence of what has happened today is that Ms. Young has been indicted and as a result of that the County Manager has been informed that our bonding agency has revoked her bond to serve in that office. Under the law she is forbidden to serve in that office without bonding. This creates a critical situation. County Attorney Harris stated that it is his opinion that the County Manager, this Board and the previous Board have acted in a responsible and appropriate manner.

  4. CLOSED SESSION – Commissioner Slagle moved to enter into Closed Session in accordance with N.C.G.S. 143-318.11(a) (3) and which reads as follows: (3)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 body 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. Commissioner Hollifield seconded the motion and it carried unanimously.

    Commissioner Hollifield moved to go out of Closed Session. Commissioner Ledford seconded the motion and it carried unanimously.

    Closed Session was held from 3:07 p.m. until 3:50 p.m.

    Commissioner Hollifield moved that this Board direct the Mitchell County Attorney to proceed with litigation against the Mitchell County Register of Deeds, Patty Young, seeking a Court Order to have her removed from office for the following reasons:

    1) Felony indictment for embezzlement from Mitchell County as charged in File No. 11 CRS 63 in the office of the Mitchell County Clerk of Court;

    2) The indictment for a related misdemeanor of failing to discharge the duties by the Register of Deeds as alleged in File No. 11 CRS 64 in the office of the Mitchell County Clerk of Court;

    3) Due to the bond for Ms. Young having been revoked by the County Bonding Agency as required by N.C.G.S 161-5.

    Commissioner Street seconded the motion and it carried unanimously.

  5. ADJOURNMENT – Commissioner Hollifield moved to adjourn the meeting.

    The meeting adjourned at 3:51 p.m.

MITCHELL COUNTY BOARD OF COMMISSIONERS

Marvin Miller, Chairman

Lee Roy Ledford, Vice-Chairman

Ken Hollifield, Member

Bill Slagle, Member

Joe Street, Member

ATTEST:

Kathy Young, NCCC Clerk to the Board