AG 1999 09 20 - Laserfiche WebLink

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13 Rule 24. Action by Reference. The board shall not deliberate, vote, or otherwise act on any matter by reference to an agenda or document number unless copies of the agenda or documents being referenced are available for public inspection at the meeting and are so worded that people at the meeting can understand what is being discussed or acted on. Comment. See G.S. 143-318.13(c). Rule 25. Introduction of Ordinances, Resolutions, and Orders. A proposed ordinance shall be deemed introduced at the first meeting where it is on the agenda, or added to the agenda by a majority vote of the board, regardless of whether it is actually considered by the board, and its introduction shall be recorded in the minutes. Comment: G.S. 153A-45 provides that an ordinance may not be finally adopted at the meeting where it is introduced except by unanimous vote; the definition of introduction therefore is important because it makes a difference in the number of votes required to adopt an ordinance. No North Carolina judicial decisions have addressed the question of when an ordinance is considered to have been introduced. This rule assumes that a measure is introduced when it has been formally presented to the board through an agenda that has been approved by the chair or by an item added to the agenda by a majority vote of the board. An alternative would be to consider introduction to have taken place only when the board begins to consider the measure, in which case this rule should be revised to read as follows: "A proposed ordinance shall be deemed introduced at the first meeting where it is actually considered by the board." Rule 26. Adoption, Amendment, or Repeal of Ordinances. To be adopted at the meeting where it is first introduced, an ordinance or an action with the effect of an ordinance, or any ordinance amended or repealing an existing ordinance (except the budget ordinance, a bond order, or another ordinance requiring a public hearing before adoption) must be approved by all members of the board of commissioners. If the proposed measure is approved by a majority but not by all the members of the board, or if the measure is not voted on at that meeting where introduced, it shall be considered at the next regular meeting of the board. If the proposal receives a majority of the votes cast at the next meeting or at any time thereafter within one hundred (100) days of being introduced, it is adopted. Comment: See G.S. 153A-45. See also G.S 153A-46 for requirements for granting franchises. Rule 27. Quorum. A majority of the board membership shall constitute a quorum. The number required for a quorum is not affected by vacancies. Ifa member has withdrawn fi:om a meeting without being excused by majority vote of the remaining members, he or she shall be counted as present for the purposes of determining whether a quorum is present. The board may compel the attendance of an absent member by ordering the sheriff to take the member into custody.