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304 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 retirin9 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 third Monday of each month. If a 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. comment: See G.S. 143-318.12(b) (1) and G.S. 153A-40(a). Any permanent change in the schedule of regular meetings must be adopted at least ten days before the first meeting to which the new schedule applies. Also, G.S.153A-40 requires the board of county commissioners to meet at least once a month. The notice requirements of the proposed rule are somewhat broader than those required by law. (b) Special Meetings. The chair or a majority of board members may at any time call a special meeting of the board by signing a notice stating the time and place of the meeting and the subjects to be considered. The person or persons calling the meeting shall cause the notice to be posted on the principal bulletin board of the county or the door of the regular meeting place if there is no principal bulletin board and delivered to the chair and all other board members or left at the usual dwelling place of each member at least forty-eight (48) hours before the meeting. In addition, the notice shall be mailed or delivered to individual persons and news organizations having requested such notice as provided in subsection (d) below. Only items of business specified in the notice may be transacted at a special meeting, unless all members are present or those who are not present have signed a written waiver. comment: see G.S. 153A-40A(a) and 143-318.12(b) (2). (C) Emergency Meetings. If a special meeting is called to deal with an unexpected circumstance that requires immediate consideration by the board, the notice requirements of this rule do not apply. However, the person or persons calling an emergency meeting shall take reasonable action to inform the other members and the public of the meeting. Local news organizations having requested notice of special meetings as provided in subsection (d) below, shall be notified of such emergency meetings by the same method used to notify board members. Only business connected with the emergency may be discussed at the meeting. comment: see G.S. 153A-40(b) and 143-318.12(b) (3). (d) Sunshine List. Any individual and any newspaper, wire service, radio station, and television station may file with the clerk to the board of commissioners a written request for notice of all special meetings of the board. Requests by individuals must be renewed by the last day of each calendar quarter; requests by news organizations must be renewed annually by January 1 and are not subject to any fee. comment: See G.S. 143-318.12(b) (2). (e) Work Sessions and Committee Meetings. The Board may schedule work sessions, committee meetings, or other informal meetings of the board or of a majority of its members at such times and concerning such subject matter as may be established by resolution or order of the board. A schedule of any such meetings held on a regular basis shall be filed in the same place and manner as the schedule of regular meetings. Work sessions and other informal official meetings not held on a regular basis are subject to the same notice requirements as special board meetings. comment: The Open Meetings Law requires that any "official meeting" where a majority of the board deliberates on public business must be open to the public