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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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303 <br /> <br /> Comment: see G.S. 143-318.11(a) (5). The statute does not permit a closed session to <br /> discuss negotiations for purchase or lease of personal property. <br /> 5. TO consider and take action with respect to the position to be <br /> taken by the county in negotiating the amount of compensation or <br /> other material terms of an employment contract. <br /> Comment: see G.S. 143-318.11(a) (5). <br /> 6. TO consider the initial employment or appointment of an <br /> individual to any office or position, other than a vacancy on the <br /> board of county commissioners or any other public body, and to <br /> consider the qualifications, competence, performance, character, <br /> and fitness of any public officer or employee, other than a <br /> member of the board of commissioners or of some other public <br /> body. <br /> Comment: see G.S. 143-318.11(a) (6). Final action on appointments and discharges <br /> must be taken in open session. The statute specifically prohibits discussing <br /> general personnel policy issues in closed session. It also prohibits discussion in <br /> closed session of removin~ from office a member of the board of commissioners or <br /> any other public body. This prohibition does not preclude discussion of removing <br /> from office an individual officer or employee who is not a member of a ~public <br /> body." <br /> 7. TO hear or investigate a charge or complaint by or against an <br /> individual public officer or employee. <br /> comment: see G.S. 143-318.11(a) (6). Final action discharging an employee or <br /> removing an official from office must be taken in open session. <br /> 8. To plan, conduct or hear reports concerning investigations of <br /> alleged criminal misconduct. <br /> comment: see G.S. 43-318.11(a) (7). <br />(b) The board may 9o into closed session only upon motion made and adopted <br />at an open meeting. A motion to go into closed session must cite one or more <br />of the permissible purposes listed in subsection (a) of this rule. In <br />addition, a motion to go into closed session pursuant to Rule 3(a) (1) must <br />state the name or citation of the law that renders the information to be <br />discussed privileged or confidential, and a motion to go into closed session <br />pursuant to Rule 3(a)(2) must identify the parties in each existing lawsuit, <br />if any, concerning which the board expects to receive advice during the <br />closed session. <br /> comment: see G.S. 143-318.11(c). <br />(c) Unless the motion to go into closed session provides otherwise, the <br />county manager, county attorney, and clerk to the board may attend the closed <br />session. No other person may attend the closed session unless specifically <br />invited by majority vote of the board. <br /> comment: The Open Meetings Law does not address this point. Although they have no <br /> legal right to attend a closed session, the manager, attorney, and clerk to the <br /> board are officers of the board itself, and most boards will want them present at <br /> every meeting. All other persons should be excluded unless their presence is <br /> reasonably necessary to facilitate the board's deliberations on the matter before <br /> it. <br /> <br /> III. Organization of the Board <br />Rule 4. Organizational Meeting <br />(a) Even-numbered Years. The board shall hold an organizational meeting at <br />its regular meeting place at 6:30 P.M. on the first Monday in December of <br />each even-numbered year. The agenda for this organizational meeting shall be <br />limited to induction of newly elected members of the board of county <br />commissioners and other elected county officials and organization of the <br />board for the ensuing year. [The organizational meeting shall be convened <br />and concluded before the regular December meeting is convened.] The county <br />manager shall call the meeting to order and shall preside until a chair is <br />elected. If they have not already been sworn and inducted into office, the <br />newly elected members of the board shall take and subscribe the oath of <br />office as the first order of business. As the second order, the board shall <br />elect a chair and vice-chair from among its members. As the third order, the <br />board shall approve the bonds of the sheriff and the register of deeds and <br />induct them and any other newly elected county officials into office. <br /> comment: The sentence in brackets should be included if the board normally holds <br /> a regular meetin9 on the first Monday of the month. <br />(b) Odd-numbered Years. At the first regular meeting in December of each <br />odd-numbered year, the first order of business shall be approval of the <br />minutes of the previous meeting. The second order of business shall be <br />election of the chair and vice-chair for the ensuing year. <br /> Comment: This rule incorporates the requirements of G.S. 153A-26 concerning the <br /> times for organizational meetings and the qualifications of new members and the <br /> requirements of G.S. 153A-39 concerning the election of the chair and vice-chair. <br /> G.S. 161-4 (for the register of deeds), G.S. 162-9 (for the sheriff), require the <br /> board to approve the bonds of these officials. <br /> G.S. 153A-26 provides that the oath of office is that prescribed by <br /> Article VI, Section 7, of the North Carolina Constitution (see also G.S. 11-6 and <br /> -7) and may be administered by any person authorized by law to administer oaths. <br /> The written statement of the oath shall be signed by each new member and filed <br /> with the clerk to the board. The statute also provides that a new member who <br /> cannot be present at the organizational meetin9 may take and subscribe the oath <br /> later. <br /> <br /> <br />
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