AG 1999 08 30 - Laserfiche WebLink

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14 Comment: See G.S. 153-43. Compelling the attendance ora member by ordering the sheriffto take him or her into custody is an extraordinary remedy to be used when a member obstinately refuses to attend meetings, for the purpose of preventing action on a proposal. If the board contemplates using this power, it might wisely g~ve absent members notice that their attendance is required by the majority and may be compelled in this manner. Rule 28. Public Hearings. Public hear/ngs required by law or deemed advisable by the board shall b~ c, rga~2zc~ ~y a zpcc:,al forth by the NorthCar01ina.Gener.~il .S~/~t.e.S, including the subject, date, place, and time of the hearing. Prior to the beginning of the public hearing, the chair may set any roles regarding the length of time allotted to each speaker, designating representatives to speak for large groups, and other such rules he feels reasonable to conduct the hearing. At the appointed time, the chair 'shall call the hearing to order and preside over it. When the allotted time expires, the chair shall declare the hearing ended and the board shall resume the regular order of business. Comment: G.S. 153A-52 provides that public hearing may be held anywhere within the county and g/ves the board author/ty to adopt rules governing the hearings. Rule 29. Quorum at Public Hearings. A quorum of the board must be present at all public hearings required by law. Comment: G.S. 153A-52 implies that a quorum of governing board members is necessary for a public hearing by providing that a hearing shall be deferred to the next regular meeting ifa quorum is not present at the originally scheduled time. However, if the board decided to hold a public hearing not required by law to gather a consensus of public opinion on an issue, the hearing could be held at several different sites, with a few members at each site. Rule 30. Minutes. Minutes shall be kept of all board meetings. Comment: See G.S. 143-318.10(d) and the discussion of minutes (pages 48-49) in Bonnie E. Davis', Handbook for North Carolina County Commissioners (second edition, revised by l'oseph S. Ferrell, Institute of Government, 1985). G.S. 143-318.1 l(d) provides that minutes and other records ora ~ session may be withheld from public as long as such inspection would frustrate the purpose of the ~ session. Rule 31. Appointments. The Board shall use the following procedure to make appointments to fill vacancies in the board itself or in other boards and public offices over which the board has power of appointment. The chair shall open the floor to nominations, whereupon the members shall put forward and debate names of possible appointees. If the nominations equal the number of openings, the board can accept nominations by acclamation. After the debate, the chair shall call the roll of the members, and each member shall vote. The votes shall not be tallied until each member has voted.