AG 1999 09 20 - Laserfiche WebLink

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Comment: This rule incorporates the requirements of G.S. 153A-26 concerning the g~f..6g ~,l'g~ ~ag.~i0j~figs~ and the quahficatmns of new members and the requirements of G.S. 153A-39 concerning the election of'the chair and vice-chair. G.S. 161-4 (for the register of deeds), G.S. 162-9 (for the sheriff), require the board to approve the bonds of these officials. G.S. 153A-26 provides that the oath of office is that prescribed by Article VI, Section 7, of the North Carolina Constitution (see also G.S. 11-6 and -7) and may be administered by any person authorized by law to administer oaths. The written statement of the oath shall be signed by each new member and filed with the clerk to the board. The statute also provides that a new member who cannot be present at the organizational meeting may take and subscr/be the oath later. Who presides at the organizational meeting until the new chair is elected? This question is often resolved by local custom: in some counties the clerk to the board or county manager presides, while in others the old chair presides until the new chair is elected. In some counties newly elected members are not sworn and inducted until the board has approved the minutes of the previous meeting and concluded any unfinished business from that meeting. Allowing retiring members to take any official action at the organizational meeting is of doubtful legality, with the possible exception of participating in the approval of the minutes of the previous meeting. The better practice is for the old board to take the time it needs to finish its pending business before the first Monday in December. Rule 5. Election of the Chair. The chair of the board shall be selected annually for a term of one year and shall not be removed from the office of chair unless he or she becomes disqualified to serve as a member of the board. Comment: G.S. 153A-39 provides for the election of a chair and states that he or she is chosen "for the ensuing year". This rule is inappropriate for counties where the chair is chosen by some other method pursuant to a local act of the General Assembly. IV. Regular and Special Meetings Rule 6. Regular and Special Meetings. (a) Regular Meetings. The Board shall hold a regular meeting on the 5rat c.n~ ~ Monday of each month. Ifa regular meeting day is a holiday on which county offices are closed, the meeting shall be held on the next business day or such succeeding day as may be specified in the motion adjourning the immediately preceding regular meeting. Regular meetings shall be held in the Commissioners' Chambers at the Cabarrus County Governmental Center and shall begin at 6:30 P.M. The board may change the place or time of a particular regular meeting or of all regular meetings within a specified period by resolution adopted, posted, and noticed at least seven days before the change takes effect. Such a resolution shall be filed with the clerk to the board and posted at or near the regular meeting place, and copies shall be sent to all persons who have requested notice of special meetings of the board.