Members of the Carter County Commission voted by overwhelming majority Monday night to approve “option one” to authorize the county attorney to begin negotiations to settle the county’s lawsuit against Carter County Tomorrow, though there was some confusion among those in attendance as to what the group had actually voted for since “option one” was not explained in the public meeting prior to the vote.
At the end of Monday night’s meeting, the Commission entered into a private attorney-client session regarding the pending lawsuit against Carter County Tomorrow. Under state open meetings laws, governing bodies are permitted to hold closed sessions with their attorneys in order to receive updates and ask questions regarding pending or potentially pending litigation. However, state law also requires that any decision made regarding any matter discussed in those private closed-door sessions be made during an open public meeting.
When the Commission concluded its attorney-client session it resumed the regular meeting and re-opened the doors to the public.
Carter County Mayor Leon Humphrey called the meeting back into order and asked if there were any motions to be made from the floor.
Commissioner Ray Lyons stood and, when recognized by Humphrey, began to make a motion to authorize County Attorney Josh Hardin to “enter into formal negotiations” but before he could complete his motion, Humphrey asked if he meant to make a motion for the county to “proceed with option one,” and Lyons said that he did. Commissioner Nancy Brown then seconded Lyons’ motion to “proceed with option one.”
Humphrey then asked if there was any discussion or debate on the motion and no members of the Commission asked to speak.
At that time, Humphrey directed the commissioners to cast their votes on the motion.
When the votes were counted, the Commission voted 16-1-1 to proceed with “option one.” Commissioners Willie Campbell, Robert Acuff, Nancy Brown, Mike Hill, Al Meehan, Charles VonCannon, Isaiah Grindstaff, L.C. Tester, Ross Garland, Bobbie Gouge-Dietz, Timothy Holdren, Larry Miller, Sonja Culler, Ray Lyons, Scott Simerly and Cody McQueen voted in favor of “option one.” Commissioner Robert Carroll cast the lone dissenting vote against “option one” while Commissioner Danny Ward abstained from the vote. Commissioners Buford Peters and John Lewis were absent from the meeting.
Commissioners Bradley Johnson, Ronnie Trivett, and Randall Jenkins were in attendance at the meeting, but had stepped out of the room at the end of the closed attorney-client session and had not returned to the meeting by the time Humphrey called for the vote.
Prior to the vote, no discussion was held during the open meeting to explain what exactly “option one” is and what it means for the county.
“That was discussed in the closed session,” Humphrey explained on Tuesday.
During the closed session, Humphrey said Hardin spoke to the commissioners and presented them with two options from which they could choose as far as how to proceed with the lawsuit.
“Basically, option one was to authorize the attorney to enter negotiations toward settlement,” Humphrey said on Tuesday.
The directive from the Commission did not put any dollar amounts or stipulations on the negotiations, Humphrey added.
Any kind of settlement agreement which Hardin would negotiate with Carter County Tomorrow regarding the lawsuit would have to be brought back before the full Commission for approval, Humphrey said.