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AG19910304
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AG19910304
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Last modified
3/28/2003 9:14:46 AM
Creation date
11/27/2017 12:03:02 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/4/1991
Board
Board of Commissioners
Meeting Type
Regular
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INTRODUCTION <br /> <br /> These rules of procedures were designed for North Carolina boards of county <br /> I commissioners. Essentially, the rules are a modification of Robert's Rules of Order <br /> (revised edition). Robert's Rules is intended to guide the deliberations of a large <br /> legislative body; consequently, it is not alway~ ~ippropfiate for a small governing board, <br /> I which can afford to proceed with much less formality. Another valuable resource <br /> consulted for this revision of the rules waa Mason's Manual of Legislative Procedura <br /> Mason's Menus/is intended primarily for state legislatures, but ils extensive discussion <br /> of the basic principles of parliamentary law and procedure is valuable for local governing <br /> I boards ns well. <br /> <br /> i North Carolina law (N,C, Gen. Stat. § 153A-41) permits a board of county <br /> commissioners to adopt its own rules of procedure if these conform to 'generally <br /> accepted principles of parliamentary procedure" and do not conflict with applicable law. <br /> I Mason's Manual suggests that parliamentary law affecting the work of a board of county <br /> commissioners can be summarized in ten basic principles: <br /> <br /> 1. The board can act only when it has authority or jurisdiction to act. A <br /> I corollary of this principle that the board's action, to be valid, must not any <br /> is <br /> violate <br /> applicable law or constitutional provision. This is simply another manifestation of the <br /> familiar legal doctrine that a unit of local government has only those powers conferred <br /> I on by or necessarily implied by some specific grant power. <br /> it <br /> law <br /> of <br /> <br /> 2. The board must meet in order to act. Under North Carolina law, the powers <br /> i conferred on the governing board are exercised by the county board of <br /> county <br /> commissioners aa a group, not by its individual members. Therefore, the group must <br /> meet in order to'act. <br />I 3. All board members must receive proper notice of meeti,~gs. Since all members <br /> are equally entitled to participate in board meetings, each member must be properly <br />I notified of the place, time, and purpose of meetings. <br /> 4. The board may act only with a quorum. <br />I 5. There must be a question before the board on which it can decide. Except <br /> when electing their ox~m officers or balloting for appointments, legislative bodies proceed <br />I by voting yes or no on specific proposals put forward by one or more members. Each <br /> member has the fight to know at all times the question before the board and the effect <br /> of a yes or no vote on thal question. <br />I 6. There must be opportunity for debate. The very nature of a deliberative body <br /> involves members sharing information and opinions about matters before the board. <br />I 7. Question~ must be decided by vote. Legislative bodies do not deride matters <br /> by discns~ing until a consensus emerges. <br />! <br />I <br /> <br /> <br />
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