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BC 1991 03 04
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BC 1991 03 04
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4/30/2002 3:30:16 PM
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Meeting Minutes
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Minutes
Meeting Minutes - Date
3/4/1991
Board
Board of Commissioners
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65 <br /> <br />subscribe the oath of office as the first order of business. As the second <br />order, the board shall elect a chair and vice-chair from its members. As the <br />third order, the board shall approve the bonds of the register of deeds, the <br />sheriff, and the coroner and induct them and any other newly elected county <br />officials into office. <br /> <br />Comment: This rule incorporates the requirements of G.S. 153A-26 <br />concerning the qualifications of new members and G.S. 153A-39 <br />concerning the election of the chair and vice-chair. G.S. 161-4 <br />(for the register of deeds), G.S. 162-9 (for the sheriff), and G.S. <br />152-4 (for the coroner) require the board to approve the bonds of <br />these officials. Counties in which the office of coroner has been <br />abolished should revise this rule accordingly. <br /> G.S. 153A-26 provides that the oath of office is that <br />prescribed by Article VI, Section 7, of the North Carolina <br />Constitution (see also G.S. 11-6 and -7) and may be administered by <br />an person authorized by law to administer oaths. The written <br />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 <br />member who cannot be present at the organizational meeting may take <br />and subscribe the oath later. <br /> Who presides at the organizational meeting until the new chair <br />is elected? This question is often resolved by local custom: in <br />some counties the clerk to the board or chief administrative officer <br />presides, while in others the old chair presides. <br /> In some countie~ newly elected members are not sworn and <br />inducted until the board has approved the minutes of the previous <br />meeting and concluded any unfinished business from that meeting. <br />Allowing retiring members to take any official action at the <br />organizational meeting is of doubtful legality, with the possible <br />exception of participating in the approval of the minutes of the <br />previous meeting. The better practice is for the old board to take <br />the time it needs to finish its pending business before the first <br />Monday in December. <br /> <br />Rule 5. Election of the Chair. <br /> <br />The chair of the board shall be selected annually for a term of one year and <br />shall not be removed from the office of chair unless he or she becomes <br />disqualified to serve as a board member. <br /> <br />Comment: G.S. 153A-39 provides for the election of a chair and <br />states that he or she is chosen "for the ensuing year". This rule <br />is inappropriate for counties where the chair is chosen by some <br />other method pursuant to a local act of the General Assembly. <br /> <br /> IV. Regular and Special Meetings <br />Rule 6. Regular and Special Meetings. <br /> <br />(a) Regular Meetings. The Board shall hold a regular meeting on the first and <br />third Monday of each month. If a regular meeting day is a holiday on which <br />county offices are closed, the meeting shall be held on the next business day <br />or such succeeding day as may be specified in the motion adjourning the <br />immediately preceding regular meeting. <br /> <br />Regular meetings shall be held in the Commissioners' Chambers at the Cabarrus <br />County Governmental Center and shall begin at 6:30 P.M. The board may change <br />the place or time of a particular regular meeting or of all regular meetings <br />within a specified period by resolution adopted, posted, and noticed at least <br />seven days before the change takes effect. Such a resolution shall be filed with <br />the clerk to the board and posted at or near the regular meeting place, and <br />copies shall be sent to all persons who have requested notice of special <br />meetings of the board. <br /> <br />Comment: See G.S. 143-318.12(b)(1) and G.S. 153A-40(a). Any <br />permanent change in the schedule of regular meetings must be adopted <br />at least ten days before the first meeting to which the new schedule <br />applies. Also, G.S. 153A-40 requires the board of county <br /> <br /> <br />
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