City of Lexington's special called meeting raises questions, general statute limits answers
The Lexington City Council recently announced a Special Meeting scheduled for August 25th from 12 to 5 p.m. at the Cue Conference Room in City Hall on 28 W Center St.
The language of the notice states, “The purpose of this meeting is for Council to go into closed session concerning a personnel matter as allowed by North Carolina General Statute 143-318.11(a)(6).”
The statute says, “To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session. A public body may not consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the public body or another body and may not consider or fill a vacancy among its own membership except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting.”
According to the city’s website: “The City Council is responsible for establishing policy, passing ordinances, adopting the annual budget, appointing committees and legal counsel, as well as hiring the chief administrative officer, the City Manager. The City Manager is responsible for carrying out the policies and ordinances of the City Council, for overseeing the day-to-day operations of the City, and for the appointment of the Department Heads who direct City staff to deliver the services and to meet the Keys to becoming a City of Choice.”
Some community members have vocalized concerns related to public notice with an encouragement to call council representatives in support of current city staff.
Responses could be limited due to North Carolina General Statutes regarding personnel.
When contacted, Mayor Jason Hayes confirmed that he was unable to comment based on NCGS 160A-168. Hayes said, in a response, “Unfortunately, I will not be able to make any comment…In fact, as I understand the statute, releasing personnel information in violation of the personnel statute would be a criminal offense. Therefore, it would be inappropriate for me or any other members of the council to provide any comment regarding the purpose of the special session beyond what has already been provided in the notice.”
The regular meeting of Lexington City Council on August 22 at 6 pm is open to public comment. Public comments are accepted during the designated period at the start of each meeting. Each person must observe a three-minute time limit.
The August 22 agenda also includes one Closed Session related to attorney-client privilege as allowed by NCGS 143-318.11(a)(3). Davidson Local has not confirmed if the Monday agenda item is related to the Special Meeting on Thursday.
Hayes spoke to the issue of public accountability, "...as an official elected to serve the fine citizens of Lexington, I must abide by North Carolina law in all respects."
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North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
Article 33C - Meetings of Public Bodies.
§ 143-318.11 - Closed sessions.
Universal Citation: NC Gen Stat § 143-318.11 (2018)
143-318.11. Closed sessions.
(a) Permitted Purposes. - It is the policy of this State that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a closed session is required:
(1) To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes.
(2) To prevent the premature disclosure of an honorary degree, scholarship, prize or similar award.
(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.
