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61 Ms. Gail Linker Mrs. Jan Odell Ms. Martha Macon Ms. Vernice Morgan Mr. Rod Duncan Reverend Robert Sessum Dr. Herb Smith Dr. David Lockhart Ms. Betty Jewell Mr. Dick Snyder UPON MOTION of Commissioner Carpenter, seconded by Commissioner Payne with Commissioners Carpenter, Payne, and Hamby, and Chairman Simmons voting for, the Board adopted the following "Suggested Rules of Procedures for the Board of County Commissioners". SUGGESTED RULES OF PROCEDURE FOR THE BOARD OF COUNTY COMMISSIONERS Second Edition Joseph S. Ferrell Institute of Government The University of North Carolina at Chapel Hill INTRODUCTION These rules of procedures were designed for North Carolina boards of county commissioners. Essentially, the rules are a modification of Roberr's Rules of Order (revised edition). Robert's Rules is intended to guide the deliberations of a large legislative body; consequently, it is not always appropriate for a small governing board, which can afford to proceed with much less formality. Another valuable resource consulted for this revision of the rules was Mason's Manual of Legislative Procedure. Mason's Manual is intended primarily for state legislatures, but its extensive discussion of the basic principles of parliamentary law and procedure is valuable for local governing boards as well. North Carolina law (N.C. Gen. Stat. § 153A-41) permits a board of county commissioners to adopt its own rules of procedure if these conform to "generally accepted principles of parliamentary procedure" and do not conflict with applicable law. Mason's Manual suggests that parliamentary law affecting the work of a board of county commissioners can be summarized in ten basic principles: 1. The board can act only when it has authority or jurisdiction to act. A corollary of this principle is that the board's action, to be valid, must not violate any applicable law or constitutional provision. This is simply another manifestation of the familiar legal doctrine that a unit of local government has only those powers conferred on it by law or necessarily implied by some specific grant of power. 2. The board must meet in order to act. Under North Carolina law, the powers conferred on the county governing board are exercised by the county board of commissioners as a group, not by its individual members. Therefore, the group must meet in order to act. 3. Ail board members must receive proper notice of meetings. Since all members are equally entitled to participate in board meetings, each member must be properly notified of the place, time, and purpose of meetings. 4. The board may act only with a quorum. 5. There must be a question before the board on which it can decide. Except when electing their own officers or balloting for appointments, legislative bodies proceed by voting yes or no on specific proposals put forward by one or more members. Each member has the right to know at all times the question before the board and the effect of a yes or no vote on that question. 6. There must be opportunity for debate. The very nature of a deliberative body involves members sharing information and opinions about matters before the board. 7. Questions must be decided by vote. Legislative bodies do not decide matters by discussing until a consensus emerges.