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BC 1999 09 20
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BC 1999 09 20
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Meeting Minutes
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Minutes
Meeting Minutes - Date
9/20/1999
Board
Board of Commissioners
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309 <br /> <br /> comment: See G.S. 143-318.13(b). <br />Rule 24. Action by Reference. <br />The board shall not deliberate, vote, or otherwise act on any matter by <br />reference to an agenda or document number unless copies of the agenda or <br />documents being referenced are available for public inspection at the meeting <br />and are so worded that people at the meeting can understand what is being <br />discussed or acted on. <br /> comment, see G.S. 143-318.13(c). <br /> <br />Rule 25. Introduction of Ordinances, Resolutions, and Orders. <br />A proposed ordinance shall be deemed introduced at the first meeting where it <br />is on the agenda, or added to the agenda by a majority vote of the board, <br />regardless of whether it is actually considered by the board, and its <br />introduction shall be recorded in the minutes. <br /> comment: G.S. 153A-45 provides that an ordinance may not be finally adopted at <br /> the meeting where it is introduced except by unanimous vote; the definition of <br /> introduction therefore is important because it makes a difference in the number of <br /> votes required to adopt an ordinance. No North Carolina judicial decisions have <br /> addressed the question of when an ordinance is considered to have been introduced. <br /> This rule assumes that a measure is introduced when it has been formally presented <br /> to the board through an agenda that has been approved by the chair or by an item <br /> added to the agenda by a majority vote of the board. An alternative would be to <br /> consider introduction to have taken place only when the board begins to consider <br /> the measure, in which case this rule should be revised to read as follows: "A <br /> proposed ordinance shall be deemed introduced at the first meeting where it is <br /> actually considered by the board." <br /> <br />Rule 26. Adoption, Amendment, or Repeal of Ordinances. <br />To be adopted at the meeting where it is first introduced, an ordinance or an <br />action with the effect of an ordinance, or any ordinance amended or repealing <br />an existing ordinance (except the budget ordinance, a bond order, or another <br />ordinance requiring a public hearing before adoption) must be approved by all <br />members of the board of commissioners. If the proposed measure is approved by <br />a m~jority but not by all the members of the board, or if the measure is not <br />voted on at that meeting where introduced, it shall be considered at the next <br />regular meeting of the board. If the proposal receives a majority of the <br />votes cast at the next meeting or at any time thereafter within one hundred <br />(100) days of being introduced, it is adopted. <br /> comment: see G.S. 153A-45. See also G.S 153A-46 for requirements for granting <br /> franchises. <br /> <br />Rule 27. Quorum. <br />A majority of the board membership shall constitute a quorum. The number <br />required for a quorum is not affected by vacancies. If a member has <br />withdrawn from a meeting without being excused by majority vote of the <br />remaining members, he or she shall be counted as present for the purposes of <br />determining whether a quorum is present. The board may compel the attendance <br />of an absent member by ordering the sheriff to take the member into custody. <br /> comment: see G.S. 153-43. Compelling the attendance of a member by ordering the <br /> sheriff to take him or her into custody is an extraordinary remedy to be used when <br /> a member obstinately refuses to attend meetings, for the purpose of preventing <br /> action on a proposal. If the board contemplates using this power, it might wisely <br /> give absent members notice that their attendance is required by the majority and <br /> may be compelled in this manner. <br /> <br />Rule 28. Public Hearings. <br />Public hearings required by law or deemed advisable by the board shall be <br />scheduled and notice given in accordance with the procedures set forth by the <br />North Carolina General Statutes, including the subject, date, place, and time <br />of the hearing. Prior to the beginning of the public hearing, the chair may <br />set any rules regarding the length of time allotted to each speaker, <br />designating representatives to speak for large groups, and other such rules <br />he feels reasonable to conduct the hearing. At the appointed time, the chair <br />shall call the hearing to order and preside over it. When the allotted time <br />expires, the chair shall declare the hearing ended and the board shall resume <br />the regular order of business. <br /> comment: G.S. 153A-52 provides that public hearing may be held anywhere within <br /> the county and gives the board authority to adopt rules governing the hearings. <br /> <br />Rule 29. Quorum at Public Hearings. <br />A quorum of the board must be present at all public hearings required by law. <br /> comment: G.S. 153A-52 implies that a quorum of governing board members is <br /> necessary for a public hearing by providing that a hearing shall be deferred to <br /> the next regular meeting if a quorum is not present at the originally scheduled <br /> time. However, if the board decided to hold a public hearing not required by law <br /> to gather a consensus of public opinion on an issue, the hearing could be held at <br /> several different sites, with a few members at each site. <br /> <br />Rule 30. Minutes. Minutes shall be kept of all board meetings. <br /> comment: see G.S. 143-318.10(d) and the discussion of minutes (pages 48-49) in <br /> Bonnie E. Davis' , Handbook for North Carolina County Commissioners (second <br /> edition, revised by Joseph S. Ferrell, Institute of Government, 1985). G.S. 143- <br /> <br /> <br />
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