2-6. Unsealing of Approved Minutes

All approved closed session minutes shall be deemed to be sealed and confidential until such time as they are unsealed by majority vote of the Board or by order of a court of competent jurisdiction.

  1. All items reflected in approved closed session minutes which are required by state or federal law to remain confidential shall remain sealed and shall not be released except by order of a court of competent jurisdiction.
  2. All information contained in approved closed session minutes which is not considered a public record under N.C.G.S Chapter 132 shall remain sealed and shall not be released except by order of a court of competent jurisdiction.
  3. All information contained within approved closed session minutes relating to the location or expansion of an industry shall remain sealed and confidential and may not be released without the permission of the industry locating or expanding in Henderson County. Notwithstanding the foregoing, if any action is taken by the Board of Commissioners with respect to the location or expansion of an industry in open session, then subsequent to such action information contained within approved closed session minutes may be unsealed and released by the Board without the consent of the industry; provided, however, that information which is not considered a public record under N.C.G.S. Chapter 132 with respect to the industry may not be released except by a court of competent jurisdiction.
  4. Information contained in approved closed session minutes relating to instructions given by the Board to staff or negotiating agents concerning the position of the County to be taken with respect to negotiating the amount of compensation and other material terms of an employment contract or proposed employment contract may be unsealed and released subsequent to the hiring of such employee, but only with respect to that employee. Information concerning persons not hired may not be unsealed or released except by order of a court of competent jurisdiction. In addition, where state or federal law precludes the release of any such information covered by the terms of this Subsection D, such information may not be unsealed or released except by order of a court of competent jurisdiction.
  5. Information concerning any particular public officer or employee or applicant for employment, relating to the qualifications, competence, performance, character, fitness, conditions of initial employment, complaints, charges or grievances by or against a public officer or employee, which is contained in approved closed session minutes may not be unsealed or released except by order of a court of competent jurisdiction or pursuant to a determination by the County Attorney that the unsealing and release of such information is not precluded by state or federal law. (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.)
  6. Information contained in approved closed session minutes relating to investigations of alleged criminal misconduct may not be unsealed or released except by order of a court of competent jurisdiction.
  7. Any other information contained in approved closed session minutes which is authorized by N.C.G.S. Chapter 143-318.11 but which is not specifically listed above may be unsealed at the discretion of the Board of Commissioners, but only upon a determination by the County Attorney that the unsealing of such information is not precluded by state or federal law and that the unsealing of such information will not frustrate the purpose for which the closed session was called.