Why all the Secrecy?

Last Friday I submitted a request in writing for copies of closed session minutes pertaining to lawyer client discussions on South Avenue.

Today I was told that on advice of counsel, the Town Manager (who is the custodian of the town's public records) could not release them because the Town Board has not finally agreed to their release.

Why the foot dragging? Is someone afraid to let the minutes see the light of day?

Last December, in its final meeting, the previous board agreed that the South Avenue closed session minutes would be released when the case was finally over. Judge Crow signed the final order last February 5th, after Mr. Henry exhausted all his rights of appeal. A case can't be any more "over" than that.

North Carolina General Statutes are quite clear about closed session minutes:

"NCGS 143-318.10:
(e) Every public body shall keep full and accurate minutes of all official meetings, including any closed sessions held pursuant to G.S. 143‑318.11. Such minutes may be in written form or, at the option of the public body, may be in the form of sound or video and sound recordings. When a public body meets in closed session, it shall keep a general account of the closed session so that a person not in attendance would have a reasonable understanding of what transpired. Such accounts may be a written narrative, or video or audio recordings. Such minutes and accounts shall be public records within the meaning of the Public Records Law, G.S. 132‑1 et seq.; provided, however, that minutes or an account of a closed session conducted in compliance with G.S. 143‑318.11 may be withheld from public inspection so long as public inspection would frustrate the purpose of a closed session."

Note:this provision assigns the Town Board no role in the release of closed session minutes.

On the other hand:

"§ 132‑1.1. Confidential communications by legal counsel to public board or agency; ...

(a) Confidential Communications. – Public records, as defined in G.S. 132‑1, shall not include written communications (and copies thereof) to any public board, council, commission or other governmental body of the State or of any county, municipality or other political subdivision or unit of government, made within the scope of the attorney‑client relationship by any attorney‑at‑law serving any such governmental body, concerning any claim against or on behalf of the governmental body or the governmental entity for which such body acts, or concerning the prosecution, defense, settlement or litigation of any judicial action, or any administrative or other type of proceeding to which the governmental body is a party or by which it is or may be directly affected. Such written communication and copies thereof shall not be open to public inspection, examination or copying unless specifically made public by the governmental body receiving such written communications; provided, however, that such written communications and copies thereof shall become public records as defined in G.S. 132‑1 three years from the date such communication was received by such public board, council, commission or other governmental body."

So the rules are different for written communications than for minutes. Maybe our attorney has conflated two entirely different rules.

The public has the right to see the minutes I requested.