BC 1991 03 04 - Laserfiche WebLink

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62 8. Votes are decided by majority. Usually, only a simple majority of votes cast suffices, but the board's rules or an applicable law may sometimes require an extraordinary majority. 9. There must be no fraud, trickery, or deception in the board's proceedings. 10. The board's rules of procedure must be applied consistently. Most of the following rules may be modified to suit local needs and customs. For example, one rule eliminates the requirement of a second to a motion, and another provides that the chair votes on all questions, whether or not there is a tie vote~ however, some boards may want to require a second to a motion, or may prefer that the chair votes only if a tie occurs. The comments following the rules note when rules state procedures required by law. Whenever a section of law is cited in the comments, see that section before modifying the rule. In the comments, North Carolina General Statutes are cited as G.S. Portions of the rules that should definitely be tailored to local needs are in brackets. I. Applicability Rule 1. Applicability of Rules. These rules apply to all meetings of the Board of Commissioners of Cabarrus County at which the board is empowered to exercise any of the executive, quasi- judicial, administrative, or legislative powers conferred on it by law. Comment: On the whole, rules of procedure of a governing board are intended to govern formal meetings of the board to exercise any of its executive and legislative powers conferred by law. These rules fulfill that purpose and also are designed to ensure board compliance with the Open Meetings Law, G.S. 143-318.9 through - 318.18, which applies to any gathering of a majority of the board to discuss public business. The rules also apply to regular informal work sessions or committee meetings where public business is discussed but no official action taken. II. Open Meetings Rule 2. Meetings to be Open (a) The public policy of North Carolina and of Cabarrus County is that the hearings, deliberations, and actions of this board and its committees be conducted openly. (b) Except as otherwise provided in these rules and in accordance with applicable law, each official meeting of the Cabarrus County Board of Commissioners shall be open to the public, and any person may attend. Comment: See G. S. 143-318.10(a). (c) For the purposes of the provisions of these rules concerning open meetings, an official meeting of the board is defined as any gathering together at any time or place or the simultaneous communication by conference telephone or other electronic means of a majority of board members for the purpose of conducting hearings, participating in deliberations, or voting upon or otherwise transacting public business within the jurisdiction, real or apparent, of the board. Comment: See G.S. 143-318.10(d). The Open Meetings Law provides that a social meeting or other informal gathering of the board members does not constitute an official meeting unless it is "called or held to evade the spirit and purposes" of the laws requiring meetings to be open. Rule 3. Executive Sessions. (a) Notwithstanding the provisions of Rule 2, the board may hold an executive session and exclude the public, but only under the following circumstances: To consider the selection of a site for a county building or other facility.