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BC 1999 09 20
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BC 1999 09 20
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4/30/2002 3:44:41 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
9/20/1999
Board
Board of Commissioners
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302 <br /> <br />B. Section off the garage level behind the elevators where employees <br /> currently park with an access control charging an entry fee via <br /> gated access to those using the lot. Employees would be given a <br /> card access and charged $10/month to use the lot. Parking would be <br /> on a space available basis. <br /> <br />Revised Rules of Procedure for the Board of Commissioners <br /> <br /> UPON MOTION of Commissioner Casper, seconded by Commissioner Privette <br />and unanimously carried, the Board approved the following Revised Rules of <br />Procedure for the Board of Commissioners. <br /> <br />Rules of Procedure for the <br />Board of County Commissioners <br /> <br />I. Applicability <br /> <br />Rule 1. Applicability of Rules. <br />These rules apply to all meetings of the Board of Commissioners of Cabarrus <br />County at which the board is empowered to exercise any of the executive, <br />quasi-judicial, administrative, or legislative powers conferred on it by law. <br /> comment: on the whole, rules of procedure of a governing board are intended to <br /> govern formal meetings of the board where it will exercise any of its executive <br /> and legislative powers conferred by law. These rules fulfill that purpose and also <br /> are designed to ensure board compliance with the Open Meetings Law, G.S. 143-318.9 <br /> through -318.18, which applies to any gathering of a majority of the board to <br /> discuss public business. The rules also apply to regular informal work sessions <br /> or committee meetings where public business is discussed but no official action <br /> taken. <br /> <br /> II. Open Meetings <br />Rule 2. Meetings to be Open <br />(a) It is the public policy of North Carolina and of Cabarrus County that the <br />hearings, deliberations, and actions of this board and its committees be <br />conducted openly. <br />(b) Except as otherwise provided in these rules and in accordance with <br />applicable law, each official meeting of the Cabarrus County Board of <br />Commissioners shall be open to the public, and any person is entitled to <br />attend such a meeting. <br />comment: see G. S. 143-318.10(a). <br />(C) For the purposes of the provisions of these rules concerning open <br />meetings, an official meeting of the board is defined as any gathering <br />together at any time or place or the simultaneous communication by conference <br />telephone or other electronic means of a majority of board members for the <br />purpose of conducting hearings, participating in deliberations, or voting <br />upon or otherwise transacting public business within the jurisdiction, real <br />or apparent, of the board. <br /> Comment: see G.S. 143-318.10(d). The Open Meetings Law provides that a social <br /> meeting or other informal assembly or gathering together of the members of the <br /> board does not constitute an official meeting unless it is "called or held to <br /> evade the spirit and purposes" of the laws requiring meetings to be open. <br /> <br />Rule 3. Closed Sessions. <br />(a) Notwithstanding the provisions of Rule 2, the board may hold a closed <br />session and exclude the public, under the following circumstances and no <br />others: <br /> 1. To prevent the disclosure of information that is privileged or <br /> confidential pursuant to the law of this state or of the United <br /> States, or is not considered a public record within the meaning <br /> of Chapter 132 of the General Statutes. <br /> comment: see G. S. 143-318.11(a) (1). <br /> 2. TO consult with the county attorney or another attorney employed <br /> or retained by the county in order to preserve the attorney- <br /> client privilege. <br /> Comment: See G.S. 143-318.11(a) (3). The statute provides that general policy <br /> matters may not be discussed in a session closed in order to consult with the <br /> county attorney, and the mere fact that the county attorney is participating in a <br /> board meeting is not grounds to close the meeting. The statute further provides <br /> that the board may consider and give instructions to the attorney concerning <br /> handling or settlement of any pending litigation or other matter in controversy, <br /> but the terms of any settlement (other than a malpractice claim again a public <br /> hospital) must be reported to the board of commissioners and entered in the <br /> minutes "as soon as possible with an a reasonable time" after the settlement is <br /> concluded. <br /> 3. TO discuss matters relating to the location or expansion of <br /> industries or other businesses in the county. <br /> comment: See G.S. 143-318.11(a) (4) . <br /> 4. TO consider and take action with respect to the position to be <br /> taken by the county in negotiating the price or other material <br /> terms of an agreement for the acquisition or lease of real <br /> property. <br /> <br /> <br />
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