From the Wilmington StarNews (4/3/11): Memo to public officials: A closed session is supposed to pertain only to the specific topic for which it was called. In the case of the New Hanover County Commissioners, a closed meeting called to consult with their attorney expanded into an overview of the county's potential classification as an air quality "non-attainment" area and a general discussion of the role of board members in dealing with county employees.
The state’s Open Meetings Law is not that flexible.
As advertised according to the requirements of state law, Thursday’s closed-door session was called “to consult with the county attorney regarding a matter of potential litigation pursuant to G.S. 143-318.11(a)(3).” That section of the Open Meetings Law deals specifically with attorney-client discussions.
At one point, both the county attorney and the clerk to the board were asked to leave, while discussions continued in secret. It’s pretty difficult to consult with one’s attorney when the attorney is out of the room.
Chairman Jonathan Barfield Jr., contacted Friday, admitted that the board also talked about how to handle the non-attainment issue, as well as to clarify the relationship between the commissioners and county employees. Both topics are related to an angry memo that Commissioner Brian Berger sent to county employees who didn’t send him requested information fast enough to suit him.
Neither is a permissible topic to discuss behind closed doors.