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HomeMy WebLinkAboutAgenda - 05-12-2015 - 5 1 ORANGE COUNTY BOARD OF COMMISSIONERS , ACTION AGENDA ITEM ABSTRACT Meeting Date:May 12,2015 Action Agenda Item No.5 SUBJECT: Follow-upDiscussion on Board Rules of Procedures-Petitions Process DEPARTMENT:Board of CommissionersPUBLIC HEARING: (Y/N)No ATTACHMENT(S):INFORMATION CONTACT: Donna Baker,Clerk to the Board of February 10, 2015 AbstractCommissioners, 245-2130 February 10, 2015 Version of Board Procedures Excerpt of theApproved February 10, 2015 Minutes March 3, 2015 Approval Abstract PURPOSE: To follow-up on previous discussions and decisionsas necessary onthe Board of Commissioners’Rules of Procedure, and in particular to specifically follow-upas necessary on the Board members’Announcements/Petitions process. BACKGROUND: At the April 21, 2015 regular Board meeting, Commissioner Barry Jacobs petitioned the Board of Commissioners to discuss further, potentially at a work session,the Announcements & Petitions structure/process forBoard Members to determine if it wasworking as the Board intended.At the May 5, 2015 regular meeting, Commissioner Jacobs confirmed his petition for Board discussion on the item. The Board of Commissioners adopted its“Rules of Procedure for the Board of County Commissioners” in May2002. Multiple amendments have been made since that time. At the February 10, 2015 BOCC work session, the Board discussed the Board Comments section of the agenda. The Board suggested modifying the regular meeting agenda to add “Announcements” to the “Petitions by Board Members” portion of the regular meetings. The intent of the change was to allow BOCC members an opportunity to announce events which the public might attendearlier in the meeting. The revision was subsequently approved formally at the March 3, 2015 regular Board meeting. The current Order of Business for regular Board meetings is as follows: 1. Additions or Changes to the Agenda Public Charge 2. Public Comments (Limited to One Hour) 3. Announcements/Petitions by Board Members (Three Minute Limit PerCommissioner) 4. Proclamations/Resolutions/Special Presentations 2 5. Public Hearings 6. Consent Agenda • Removal of Items from Consent Agenda • Approval of Remaining Consent Agenda • Discussion and Approval of the Items Removed from the ConsentAgenda 7. Regular Agenda 8. Reports 9. County Manager’s Report 10. County Attorney’s Report 11. Appointments 12. Board Comments(Three Minute Limit Per Commissioner) 13. Information Items 14. Closed Session 15. Adjournment FINANCIAL IMPACT: There is no financial impact associated with additional discussion of the Board’s Rules of Procedure. RECOMMENDATION(S): The Manager recommends that the Board follow-up on previous discussions and decisions as necessary on the Board of Commissioners’ Rules of Procedure, in particular to specifically follow-up as necessary on the Board members’ Announcements/Petitions process, and provide any direction to staff as needed. 3 COPY ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:February 10, 2015 February 10, 2015 Action Agenda Item No.4 SUBJECT: Discussion on Board Rules of Procedures DEPARTMENT:Board of CommissionersPUBLIC HEARING: (Y/N)No ATTACHMENT(S):INFORMATION CONTACT: Clerk’s Office Board of Commissioners Rules of Procedure PURPOSE: To discuss as necessary the Board of Commissioners’Rules of Procedure, and to specifically address potentially rearranging the Order of Business for regular Board meetings to re-locate “Board Comments” to occur earlier in themeeting. BACKGROUND: The Board of Commissioners utilizes adopted Rules of Procedure (http://orangecountync.gov/occlerks/RulesofProceedureV11.pdf)to guide itsprocesses and deliberations. The Rules address a multitude of issues including Board meeting scheduling, activities and actions during Board meetings, and approval/voting on motions made during meetings. Along with general discussion of the Board’s current Rules of Procedure, aprincipal item for Board consideration relates to potentially re-locating “Board Comments” to occur earlier in the Order of Business for a regular Board of Commissioners’ meeting. Individual Board members have recently suggested that moving this item to earlierin the agenda may be desirable. The current Order of Business for regular Board meetings is as follows: 1. Additions or Changes to the Agenda Public Charge 2. Public Comments (Limited to One Hour) 3. Petitions by Board Members (Three Minute Limit PerCommissioner) 4. Proclamations/Resolutions/Special Presentations 5. Public Hearings 6. Consent Agenda • Removal of Items fromConsent Agenda • Approval of Remaining Consent Agenda • Discussion and Approval of the Items Removed from the ConsentAgenda 7. Regular Agenda 4 8. Reports 9. County Manager’s Report 10. County Attorney’s Report 11. Appointments 12. Board Comments 13. Information Items 14. Closed Session 15. Adjournment For benefit of Board consideration, it is worth notingthat the “Board Comments” item onregular meeting agendas occurred earlier in meetingsduring the 1990’s and early 2000’s. In the 1990’s and early2000’s, “Board Comments”was included as Item #3 in the Order of Business. Having “Board Comments” earlier in the Order of Business provided, among other things: The opportunity early in aregular meeting for individual Board members to share information with the public and other Board members on meetings they had attended The opportunity early in aregular meeting for individual Board members to share information with the public and other Board memberson upcoming community and County-sponsored events, forums and celebrations The opportunity early in a regular meeting for individual Board members to share concerns they had heard from members of the public withother Board members andwith the public The opportunity early in aregular meeting for the public to hear individual Board membersvoice policy concerns to staff and other Board members and/or recommend that staff pursue certain actions to address an issue/problem/etc. In April 2007the Order of Businesswas amended to relocate “Board Comments”to occur after the “Reports” item. “Board Comments”was then subsequently relocated to its current placement, after “Appointments”, in February 2010. To the best of staff’s general recollection, some of the factors and observations leading to one or both of the 2007 and 2010 actions to re-locate “Board Comments” included: Board Comments had grown in length, sometimes continuing up to approximately onehourduring the early portion of a regular meeting Desire for the Board to address issues and make decisions on written agenda items as early in the meeting as possible when everyone was presumably more attentive rather thanmaking those decisions later in the evening Concern that Board Comments occurring earlier in the meeting extended the wait time for the public that attended Board meetings to provide input and witness decisions on items on the written agenda Provide the opportunity for members of the public with school-age children to be present for Board decision items. Members of the public would be present for “Board Comments”early on the agenda, but would sometimes subsequently have to leave and miss itemsfor which they hadactually attended the meetingdue to their children’s sleep/homework needs The time invested for Board Comments sometimes limitedthe Board from accomplishing the “Business” items on the written agenda, causing items to be discussed late at night or delayed to future meetings, sometimes prompting frustration for Board members, the public and staff 5 FINANCIAL IMPACT: There is no financial impact associated with discussion of the Board’s Rules of Procedure. RECOMMENDATION(S): The Manager recommends that the Board discuss as necessary the Board of Commissioners’ Rules of Procedure, and specifically address whether or not the Board wishes to re-locate “Board Comments” to occur earlier in the Order of Business for regular meetings. 1 6 (VersionasofFebruary10,2015) Rules of Procedure for the Board of County Commissioners Adopted - May 2002 Amended - November 2013 Printed - November 2013 Orange County North Carolina 2 7 Justice and courtesy for all € Majority rules € Right of the minority to be heard € Protection of the rights of the individual € and the absentee Consideration of one thing at a time € Maintain order € Expedite business € Partiality to no one € 3 8 Rules of Procedure for the Board of County Commissioners Table of Contents Preface and Acknowledgements..................4 Introduction...................................................5 I.Applicability...................................................6 II.Open Meetings...............................................7 III.Organization of the Board..........................10 IV.Regular and Special Meetings...................11 V.Agenda..........................................................14 VI.Conduct of Debate.......................................17 VII.Quorum and Other Rules...........................26 Orange County, North Carolina 4 9 Preface These rules of procedure for use by a North Carolina board of county commissioners were first compiled in 1978 by Bonnie E. Davis, who at that time was a member of the Institute of Govern- ment faculty. The second edition was issued in 1990. This revise second edition takes into account several changes in the Open Meetings Law and other statutes that have been made since 1990. The 1994 and 1999 changes to the Open Meetings Law reduced the grounds for holding closed meetings and required that mo- tions to hold closed sessions be specific as to the reason. Rule has been revised to bring it into compliance with the new law. A 1993 amendment to G.S. 153-26 requires that the organizational meeting following the general election in even-numbered years must be held on the first Monday in December. This statutory change brought clarity to the confusion that previously existed to what business could be transacted by the old board at the fir meeting in December following an election. The old board should conclude all of its business before the December organizational meeting, even if the board normally holds a regular meeting on the first Monday of each month. Acknowledgements These rules of procedure are based on the following publications of the Institute of Government at the University of North Caro- lina, Chapel Hill: , Sec- Rules of Procedure for the Board of County Commissioners ond Edition, Revised. Joseph S. Ferrell, Institute of Government the University of North Carolina at Chapel Hill, 1994. , Suggested Rules of Procedure for Small Local Government Boards Second Edition. A Fleming Bell, II, Institute of Government, the University of North Carolina at Chapel Hill, 1998. The text of these publications was utilized and modified as ap- propriate to reflect the specific needs of the Board of Commis- sioners of Orange County. 5 10 Rules of Procedure for the Board of County Commissioners Introduction These rules of procedure were designed for use by a North Caro- lina board of county commissioners. Essentially, the rules are a modified version of . RobertÔs Rules of Order, RevisedRobertÔs is intended to guide the deliberations of a large legisla- Rules tive body; consequently, it is not always appropriate for a smal governing board, which can afford to proceed with much less formality. Another valuable resource consulted for this revi- sion of the rules was . MasonÔs Manual of Legislative Procedure is intended primarily for state legislatures, MasonÔs Manual but its extensive discussion of the basic principles of parlia- mentary law and procedure is valuable for local governing boards as well. These rules apply to all meetings of the Orange County Board of Commissioners at which the Board is empowered to exer- cise any of the executive, administrative or legislative powers conferred on it by law. The North Carolina law (G.S. 153A-41) permits a board of county commissioners to adopt its own rules of procedure if these con- form to Ñgenerally accepted principles of parliamentary proce- dureÒ and do not conflict with applicable law. MasonÔs 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 take only those actions that it has authority or . A corollary of this principle is that the jurisdiction to take boardÔs action, to be valid, must not violate any applicable law or constitutional provision. This is simply another mani- festation of the familiar legal doctrine that a unit of local government has only those powers conferred on it by law or necessarily implied from some specific grant of power. . Under North Carolina 2.The board must meet in order to act law, the powers conferred on the county governing board are exercised by the county board of commissioners as a group, not its individual members. Therefore, the group must meet in order to act. 6 11 . 3.All 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 de- . Except when electing their own officers or balloting for cide appointments, legislative bodies proceed by voting or yes no on specific proposals put forward by one or more members. Each member has a right to know at all times what question is before the board and what effect a yes or no vote would have on that question. . The very nature of a 6.There must be opportunity for debate deliberative body requires that members share information and opinion about matters before the board. . Legislative bodies do not 7.Questions must be decided by vote decide matters by discussing them until a consensus emerges. . Usually only a simple majority 8.Votes are decided by majority of votes cast suffices, but the boardÔs rules or an applicable law may sometimes require an extraordinary majority. 9.There must be no fraud, trickery, or deception in the boardÔs . proceedings 10.The boardÔs rules of procedure must be applied consistently. Most of the following rules have been modified to suit local needs and customs. The comments following the rules note when rules state procedures required by law (North Carolina General Statutes, hereinafter cited as G.S.). I. Applicability These rules apply to all meetings Rule 1. Applicability of Rules. of the Board of Commissioners of Orange County at which the board is empowered to exercise any of the executive, quasi-judi- cial, administrative, or legislative powers conferred on it by l Comment: On the whole, rules of procedure of a governing board are intended to govern formal meetings of the board where it will exercise any of its executive and legislative powers. Thes 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 7 12 the board to discuss public business. The rules also apply to informal work sessions or committee meetings where public business is discussed but no official action is taken. II. Open Meetings (a) It is the public policy of Rule 2. Meetings to be Open. North Carolina and of Orange County that the hearings, delib- erations, and actions of this board and its committees be con- ducted openly. (b) Except as otherwise provided in these rules and in accor- dance with applicable law, each official meeting of the Orange County Board of Commissioners shall be open to the public and any person is entitled to attend such meeting. 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 simulta- neous communication by conference telephone or other elec- tronic 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 ju- risdiction, 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 assembly or gathering together of the members of the board does not consti- tute an official meeting unless it is Ñcalled or held to evade t spirit and purposesÒ of the laws requiring meetings to be open. (a) Notwithstanding the provisions Rule 3. Closed Sessions. of Rule 2, the board may hold a closed session for the reasons listed below. It is the policy of the state of North Carolina th closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a session is required: To prevent the disclosure of information that is privileged 1. or confidential pursuant to the law of this state or of the 8 13 United States, or is not considered a public record within the meaning of Chapter 132 of the General Statutes. To prevent the premature disclosure of an honorary degree, 2. scholarship, prize or similar award To consult with the county attorney or another attorney 3. employed or retained by the county in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. G.S. 143-318.11(a)(2) provides that general policy matters may not be discussed in a session closed in order to consult with the county attorney, and the mere fact that the county at- torney is participating in a board meeting is not grounds to close the meeting. The statute further provides that the board may consider and give instructions to the attorney concerning handling or settlement of any pending litiga- tion or other matter in controversy, but the terms of any settlement (other than a malpractice claim against a public hospital) must be reported to the board of commissioners and entered in the minutes Ñas soon as possible within a reasonable timeÒ after the settlement is concluded. To discuss matters relating to the location or expansion of 4. industries or other businesses in the county, including agreement on a tentative list of economic development in- centives that may be offered by a public body in negotia- tions. G.S. 143-318.11(a)(4) requires that the action approv- ing the signing of an economic development contract or com- mitment, or the action authorizing the payment of economic development expenditures be taken in open session. To establish or to instruct the public bodyÔs staff or negotiat- 5. ing agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other mate- rial terms of a contract or proposed contract for the acquisi- tion of real property by purchase, option, exchange or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract. To consider the qualifications, competence, performance, charact 6. fitness, conditions of appointment or conditions of initial em- ployment or appointment of an individual public officer or employee, or prospective public officer or employee; or to hear or investigate a complaint, charge or grievance by or against an individual public officer or employee. General personnel 9 14 policy issues may not be considered in a closed session. A publi body may not consider the qualifications, competence, perfor- mance, character, fitness, appointment or removal of a mem- ber of the public body or a member of any other public body, and may not consider or fill a vacancy among its own member- ship except in an open meeting. Final action making an ap- pointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting. To plan, conduct, or hear reports concerning investigations 7. of alleged criminal misconduct. (b) The board may go into closed session only upon a motion made and duly adopted at an open meeting. This motion must cite one or more of the permissible purposes listed in subsec- tion (a) of this rule. In addition, a motion to go into closed s sion pursuant to Rule 3 (a)(1) must state the name or citation of the law that renders the information to be discussed privi- leged or confidential, and a motion to go into closed session pursuant to Rule (a)(3) must identify the parties in each exist- ing lawsuit, if any, concerning which the board expects to re- ceive advice during the closed session. (c) The board shall determine who shall attend the closed sessio The county manager, county attorney and clerk to the board shall attend all closed sessions unless otherwise determined by the bo The board shall determine other necessary attendees as the facts and the circumstances dictate. With respect to a closed session consult with the county attorney or another attorney employed by or retained by the county, in order to preserve the attorney-cli privilege between the attorney and the board, the board shall no permit a person to attend the closed session if that personÔs at dance would defeat the attorney-client privilege. (d) The board shall conclude a closed session and return to open session upon a motion made and adopted to do so. 10 15 III. Organization of the Board The board shall hold an or- Rule 4.Organizational Meeting. ganizational meeting at its regular meeting place at 7:00 p.m. on the first Monday in December of each year. The former chair shall call the meeting to order and shall preside until a chair elected. The agenda shall be as follows: (1) special recognition of any outgoing commissioners, (2) taking and subscribing the oath of office by the newly elected members of the board, (3) election of a chair and vice-chair, (4) designation of voting de egate for all NCACC and NACo meetings, (5) seating arrange- ment and (6) appointment of the manager, clerk and county attorney. The bonds of the Register of Deeds and the Sheriff shall be approved as part of the consent agenda. Comment: This rule incorporates the requirements of G.S. 153A- 26 concerning the times for organizational meetings and the qualifications of new members and the requirements of G.S. 153A-39 concerning the election of the chair and the vice-chair, G.S. 161-4 (for the Register of Deeds), G.S. 162-9 (for the Sher iff), require the board to approve the bonds of these officials. G.S. 153A-26 provides that the oath of office is that prescribed by Article VI, Section 7, of the North Carolina Constitution (see also G.S. 11-6 and G.S. 11-7) and may be administered by any person authorized by law to administer oaths. The writ- ten statement of the oath shall be signed by each new member and filed with the clerk to the board. The statute also provides that a new member who cannot be present at the organiza- tional meeting may take and subscribe the oath later. The chair of the board shall be Rule 5. Election of the Chair. elected annually for a term of one year and shall not be re- moved from the office of chair unless he or she becomes dis- qualified 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 Ñfor the ensuing year.Ò 11 16 IV. Regular and Special Meetings Rule 6. Regular and Special Meetings. The board usually holds a regular meet- (a) Regular Meetings. ing on the first and third Tuesday of each month in accordance with the ÑBoard Calendar of MeetingsÒ approved by the board. All meetings shall begin at 7:00 p.m. unless otherwise noted on the ÑCalendar of Meetings.Ò The board may change the place or time of any meeting listed on the approved ÑCalendar of Meet- ingsÒ by a majority vote, and have it posted and noticed no less than seven days before the change takes effect. A notice shall b filed with the clerk to the board and posted, on the principal b letin board of the county, and at or near the regular meeting pl and copies shall be sent to all persons who have requested notic 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 not later than ten days before the first meeting to whic 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. The chair or a majority of the members of (b) Special Meetings. the board may at any time call a special meeting of the board by signing a notice stating the time and place of the meeting and t subjects to be considered. The person or persons who call the meeting shall cause the notice to be posted on the principal bul tin board of the county, located at the Link Government Services Center in Hillsborough, and at or near the meeting place, and delivered to the chair and all other board members or left at th usual dwelling place of each member at least 48 hours before the meeting. In addition, the notice shall be mailed or sent by e-ma to individual persons and news media organizations who have requested such notice as provided in subsection (e), below. Only those items of business specified in the notice may be transacte at a special meeting, unless all members are present or those who are not present have signed a written waiver. A special meeting may also be scheduled by vote of the board in 12 17 open session during another duly called meeting. The motion call ing for a special meeting shall specify its time, place, and pur At least 48 hours before the meeting, the notice shall be posted the principal bulletin board of the county and at the regular meet- ing place, and delivered to all board members not present at the meeting at which the special meeting was called. Only items of business specified in the motion calling for the special meeting may be transacted at a special meeting called in this matter unl all members are present and the board determines in good faith a the meeting that it is essential to discuss or act on the additi item immediately. Comment: See G.S. 153A-40(a) and G.S. 143-318.12(b)(2). The chair or a majority of board (c) Emergency Meetings. members may at any time call an emergency meeting of the board by signing a written notice stating the time and place of the meeting and the subjects to be considered. Written or oral notice of the meeting shall be given to each board member and to each news organization that has filed a written emergency meeting notice request with the clerk to the board, and whose request includes that organizationÔs telephone number. Only business connected with the emergency may be considered at an emergency meeting. (d) Work Sessions, Committee Meetings or other Informal The chair or a majority of the board members may Meetings. 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 subjects as may be established by the board. The times and subject matter may be established by reso- lution or order of the board. A schedule of any such meetings that are held on a regular basis shall be filed in the same plac and manner as the schedule of regular meetings. Work sessions and other informal official meetings not held regularly are sub- ject to the same notice requirements as special board meetings. Any individual person and any newspaper, (e) Sunshine List. wire service, radio station, and television station may file wit the clerk to the board of commissioners a written request for notice of all special meetings of the board. These are meetings 13 18 not listed on the regular ÑCalendar of Meetings.Ò Requests by individuals must be renewed on or before the last day of each calendar year and are subject to a $10.00 nonrefundable an- nual fee. Comment: The Open Meetings Law requires that any Ñofficial meetingÒ at which a majority of the board deliberates on pub- lic business must be open to the public and notice must be given. The last sentence of the rule embodies that principle. The rule goes beyond the Open Meetings Law in requiring a published schedule of work sessions or committee meetings held on a regular basis. G.S. 143-318.13(a) provides that if the board holds any regu- lar, special, emergency, or other official meeting by use of con ference telephone or other electronic means, the clerk shall provide a location and means whereby members of the public may listen to the meeting and notice of the meeting shall specif that location. All meetings shall be held Rule 7. Location of Meetings. within the boundaries of Orange County except as otherwise provided herein. A joint meeting with the governing board of any other po- 1. litical subdivision of this state or any other state may be held within the boundaries of either subdivision as may be stated in the call of the meeting. At any such joint meeting, the board reserves the right to vote separately on all mat- ters coming before the joint meeting. A special meeting called for the purpose of considering and 2. acting upon any order or resolution requesting members of the General Assembly representing all or any portion of this county to support or oppose any bill pending in the General Assembly or proposed for introduction therein may be held in Raleigh or such other place as may be stated in the call of the meeting. A meeting may be held in connection with a retreat, fo- 3. rum, or similar gathering solely for the purpose of provid- ing members of the board with general information relat- ing to the performance of their public duties. A meeting may be held while in attendance at a convention, 4. association meeting, or similar gathering solely to discuss 14 19 or deliberate the boardÔs position concerning convention resolutions, elections of association officers, and similar is- sues that are not legally binding upon the board or its con- stituents. Comment: See G.S. 153A-40(c). That statute also speaks of two other categories of gatherings that may be held outside the boundaries of the county: retreats, and meetings with the legislative delegation representing the county in the General Assembly. The statute expressly forbids the board to take any official action at any such meetings, so they are not mentioned in the proposed rule. However, such meetings are covered by the Open Meetings Law if a majority of the board is present and ÑdeliberatesÒ on public business. V. Agenda (a) The county manager shall prepare the agenda Rule 8. Agenda. for each regular, special and emergency meeting subject to revie and approval by the chair and vice-chair. A request to have an i of business placed on the agenda must be received by 12:00 noon, Monday of the week prior to the meeting. Any Board member may petition the Board to have an item placed on the agenda. (b) The agenda packet for regular meetings shall include the agenda document, any proposed ordinances or amendments to ordinances, and supporting documentation and background in- formation relevant to items on the agenda. A copy of the agenda packet shall be delivered to each member of the board at least ninety-six hours before the meeting. Documents in the agenda packet, if not previously available for public inspection, shall come so when packets have been delivered to each board mem- ber or left at his or her usual dwelling. Copies shall be avail for members of the public in the clerkÔs office and at the Orang County Main Public Library. Quarterly Public Hearing Agendas shall also be placed at the Chapel Hill Library. The agenda is also published on the countyÔs web site, orangecountync.gov. 15 20 For all other meetings (special, work sessions, etc.) a copy of the agenda and attachments shall be available to members of the public on the Orange County website prior to the meeting (usually 48-72 hours before the meeting). The clerkÔs office shall post agendas for regular meetings, public hearings and work sessions on the countyÔs website within 24 hours after they are distributed to the board of Commissioners by the county managerÔs office. Agendas which are distributed on Thursday prior to a Friday holiday or agen- das which are distributed on Friday will be posted on the CountyÔs web site by noon the following Monday. (c) The board may, by approval of a majority of its members, i.e. an affirmative vote equal to a quorum, add an item that is not on t agenda. Comment: Because of the increased volume and complexity of the matters they must consider, nearly all boards use an agenda. Some boards use an agenda only to organize the material they must consider and to give themselves an opportunity to study the issues before they meet. These boards generally allow last- minute additions to the agenda by general consent. This rule takes that approach. Other boards use their agenda to control the length of their meetings. Often a board that uses its agenda for this purpose will hold a work session before the regular mee ing to ask questions and thoroughly explore the proposals that must be voted on at the regular meeting. Generally these boards take a stricter approach and do not allow late additions to the agenda unless an emergency exists. Rule 9. Public Comments - Items Not on the Printed The county manager shall include on the agenda of Agenda. each regular meeting a time for comments or questions from members of the public in attendance. The chair will first recog- nize individuals or groups who have signed up to be heard, and then may recognize others, subject to available time. Speakers will be allowed three minutes each up to an hour total. After the hour set aside for public comments has expired, the chair will recognize further speakers only upon motion duly made and adopted. 16 21 Petitions/Resolutions/Proclamations and other similar requests submitted by the public will not be acted upon by the Board of Commissioners at the time presented. All such requests will be ferred for Chair/Vice Chair/Manager review and for recommenda- tions to the full Board at a later date regarding a) considerati the request at a future regular Board meeting; or b) receipt of request as information only. Submittal of information to the Bo or receipt of information by the Board does not constitute appro endorsement, or consent. Comment: The board may decide as a matter of general policy to aside part of each meeting for individuals or groups to address board. The rule allows any individual or group to get on the age but lets the board decide whether there is time to hear its comm Rule 10. Order of Business. For all regular meetings, items shall (a) Regular Meetings. be placed on the agenda as listed below: 1.Additions or Changes to the Agenda Public Charge 2.Public Comments (Limited to One Hour) 3.Petitions by Board Members (Three Minute Limit Per Commissioner) 4.Proclamations/Resolutions/Special Presentations 5.Public Hearings 6.Consent Agenda Removal of Items from Consent Agenda € Approval of Remaining Consent Agenda € Discussion and Approval of the Items Removed from the Con- € sent Agenda 7.Regular Agenda 8.Reports 9.County ManagerÔs Report 10.County AttorneyÔs Report 11.Appointments 12.Board Comments 13.Information Items 14.Closed Session 15.Adjournment 17 22 If there is no objection, the chair may call items in any order convenient for the dispatch of business. The meeting will end at 10:30 unless there is a majority vote of the Board to continue beyond that time. (b) Order of Business for Public Hearings 1.Opening Remarks from the Chair 2.Public Charge 3.Public Hearing Items 4.Adjournment A public charge may be read at each meeting (c) Public Charge. to set the tone for civil decorum. The public charge is placed o the agenda immediately after item 1, ÑAdditions or Changes to the AgendaÒ and it shall read: ÑThe Board of Commissioners pledges to the residents of Orange County its respect. The Board asks its residents to conduct themselves in a respectful, courteous manner, both with the board and with fellow citizens. At any time should any member of the Board or any resident fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commit- ment to this public charge is observed. All electronic de- vices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate.Ò VI. Conduct of Debate The chair shall preside at all Rule 11. Powers of the Chair. meetings of the board if he or she is present. If the chair is a the vice-chair shall preside. If both the chair and vice-chair absent, another member designated by vote of the present board members shall preside. A member must be recognized by the presiding officer in order to address the board. The chair shall have the following powers: To rule on points of parliamentary procedure, including the 1. right to rule out of order any motion patently offered for ob- structive or dilatory purposes; 18 23 To determine whether a speaker has gone beyond reasonable 2. standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground; To entertain and answer questions of parliamentary law or 3. procedure; To call a brief recess at any time; 4. To adjourn in an emergency. 5. A decision by the presiding officer under any of the first three powers listed above may be appealed to the board upon motion of any member. Such a motion is in order immediately after a decision under those powers is announced and at no other time. The member making the motion need not be recognized by the presiding officer, and the motion, if timely made, may not be ruled out of order. Comment: The chair normally presides at board meetings. In his or her absence, the vice-chair, if there is one, presides. If th no vice-chair, or if both the chair and vice-chair are absent, t board typically selects a temporary presiding officer. The board may choose whether the chair always votes or votes only to break a tie. Someone who is temporarily presiding in the chairÔs place is still a full member of the board and thus entitled to make motions and to vote. The chair or anyone presiding in the chairÔs place has substan- tial procedural powers, but those powers are not absolute. Under this rule and Rule 15, any board member is entitled to make a motion to appeal to the other members concerning the presiding officerÔs decisions on motions, decorum in debate and most other procedural matters. There are two exceptions to this right of appeal. A chair or other presiding officer may adjourn without the boardÔs vote or appeal in an emergency, and he or she may also call a brief recess without a vote at any time, when necessary to Ñclear the airÒ and thus reduce friction among the members. Rule 12. Presiding Officer when the Chair is in Active Debate. If the chair wishes to become actively engaged in debate on a particular proposal, he or she shall designate another board mem ber to preside. The chair shall resume the duty to preside as soon as action on the matter is concluded. 19 24 Comment: Good leadership depends, to a certain extent, on not taking sides during a debate. On a small board this may not always be feasible or desirable; yet an unfair advantage accrues to the side whose advocate controls access to the floor. This ru is designed to ensure evenhanded treatment to both sides dur- ing a heated debate. Ordinarily the chair should call on the vic chair to preside if he or she finds it necessary to step aside. The board shall proceed by mo- Rule 13. Action by the Board. tion. Any member, including the chair, may make a motion. If tw or more Commissioners speak at the same time to make a motion (or second), the chair shall determine, for purposes of recordin action for the minutes, which name the clerk shall use. Comment: The chair may make motions, or the chair may invite another member to make a motion by saying ÑThe chair will entertain a motion that...Ò A motion shall require a second, Rule 14. Second Required. followed by discussion and/or comments and a vote. Comment: The philosophy underlying the requirement of a sec- ond is that if a proposal is not supported by at least two mem- bers, it is not worth the time it would take to consider the mat ter. A second does not necessarily mean that a member agrees with the motion, but that the member wishes the matter open to discussion. A second allows the matter to be discussed further. A member may make only Rule 15. One Motion at a Time. one motion at a time. A substantive motion is out of Rule 16. Substantive Motion. order while another substantive motion is pending. Comment: This rule sets forth the basic principle of parlia- mentary procedure: distinct issues are considered and dealt with one at a time, so a new proposal may not be put forth until action on the preceding one has been concluded. does not refer to substantive motions RobertÔs Rules of Order as such; instead it uses such adjectives as ÑmainÒ or Ñprinci- pal.Ò Here, a substantive motion is any motion other than the procedural motions listed in Rule 19. The possible subject matter of a substantive motion coexists with the boardÔs legal powers, duties, and responsibilities. Indeed, since Rule 13 pro- vides that the board shall proceed by motion, the substantive motion is the boardÔs exclusive mode of action. The procedural 20 25 motions detailed in the following rules set forth the boardÔs various options in disposing of substantive motions. A motion shall be Rule 17. Adoption by Majority Vote. adopted if approved by a majority of the votes cast, a quorum being present, unless an extraordinary majority is required by these rules or the laws of North Carolina. A majority is more than half. A quorum is a majority of the actual membership of the board, including any vacant seats. A member who has with- drawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present. The chair shall state the motion and then Rule 18. Debate. open the floor to debate, presiding over the debate according to these general principles: The member making the motion or introducing the ordi- 1. nance, resolution, or order is entitled to speak first. A member who has not spoken on the issue shall be recog- 2. nized before someone who has already spoken. To the extent possible, the debate shall alternate between 3. opponents and proponents of the measure. (a) In addition to substantive Rule 19. Procedural Motions. proposals, the procedural motions listed in subsection (b) of this rule, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority vote for adoption. Comment: This rule substantially departs from RobertÔs Rules of . Each procedural motion in was re- OrderRobertÔs Rules of Order viewed to determine whether it was appropriate for use by a smal board; substantial modifications and deletions were the result. The following enumeration of procedural motions is exhaustive; i procedural option is not on the list, it is not available. (b) In order of priority (if applicable), the procedural motions Comment: While a substantive motion is out of order if an- other substantive motion is pending, several procedural mo- tions can be entertained in succession without necessarily dis- posing of the immediately pending one. The order of the list below establishes which procedural motion yields to which-for 21 26 example, a move to defer consideration (6) may be made while a move to refer to committee (9) is pending because (6) ranks higher on the list. A 1.To Appeal a Procedural Ruling of the Presiding Officer. decision of the presiding officer ruling a motion in or out of order, determining whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks, or entertaining and answering a question of parliamentary law or procedure may be appealed to the board as speci- fied in Rule 11. This appeal is in order immediately after such a decision is announced and at no other time. The member making the motion need not be recognized by the presiding officer and the motion, if timely made, may not be ruled out of order. Comment: Rule 11 allows the ruling of the presiding officer on certain procedural matters to be appealed to the board. This appeal must be made as soon as the presiding officerÔs decision announced, so this motion is accorded the highest priority. See Rule 11 and its comment for further discussion of this motion. The motion may be made at the conclusion of 2.To Adjourn. action on a pending matter; it may not interrupt delibera- tion of a pending matter. Comment: This motion differs from the RobertÔs Rules of Order motion in several respects. In , it is not RobertÔs Rules of Order debatable or amendable and can be made at any time, even interrupting substantive deliberations. In view of the small number of members and the available procedures to limit de- bate, this rule allows debate and amendment of the motion to adjourn but allows the motion to adjourn only when action on a pending matter is over. The motion to defer consideration or to postpone to a certain time or day may be used if the board wants to adjourn before completing action on a matter. 3.To Take a Recess. Comment: does not allow debate on RobertÔs Rules of Order this motion, but since the number of members is small and procedures to limit debate are available, this rule allows de- bate on the motion. As in , the motion is RobertÔs Rules of Order in order at any time. Note that under Rule 11, the chair also has the power to call a brief recess. 22 27 The motion must be made at 4.To Call to Follow the Agenda. the first reasonable opportunity or it is waived. Comment: This motion differs from the call for the orders of the day in : it may be debated and must be RobertÔs Rules of Order made when an item of business that deviates from the agenda is proposed or the right to insist on following the agenda is waive for that item. The motion requires a vote equal to a quorum. 5.To Suspend the Rules. Comment: This motion differs from in RobertÔs Rules of Order that it is debatable and amendable and the number of neces- sary votes is a quorum rather than two-thirds. Thus if a board has seven members, four members (a quorum) must vote for the motion; if only four members are present at a particular meeting, all four must vote for the motion in order to adopt it. This motion is in order when the board wishes to do something that it may legally do but cannot without violating its own rules. The procedure will pose some problems for a three-mem- ber board, as it can be used to prevent one member from par- ticipating in the boardÔs deliberations. Frequent use of the motion to prevent one member from presenting proposals to the board or from speaking on an issue before the board is of doubtful legality. A three-member board may decide to re- quire a unanimous vote to suspend the rules. 6.To Divide a Complex Motion and Consider it by Paragraph. This motion is in order whenever a member wishes to con- sider and vote on subparts of a complex motion separately. Comment: This motion is the same as the division of a ques- tion and consideration by paragraph in RobertÔs Rules of Order except that it is debatable. The board may defer a substantive 7.To Defer Consideration. motion for later consideration at an unspecified time. A sub- stantive motion that has been deferred expires 100 days there- after, unless a motion to revive consideration is adopted. Comment: This motion, which replaces the motion to lay on the table in , was renamed to avoid RobertÔs Rules of Order confusion. It allows the board temporarily to defer consider- ation of a proposal. It differs from in RobertÔs Rules of Order that it may be debated and amended, and in that a motion that has been deferred dies if it is not taken up by the board 23 28 (via a motion to revive consideration) within one hundred days of the vote to defer consideration. (In a RobertÔs Rules of Order motion laid on the table dies at the end of the particular ses- sion of the assembly.) One hundred days is the suggested period of time for deferring consideration because it is also th time within which a proposed ordinance must be enacted (see Rule 27). The motion is not in order 8.To Call the Previous Question. until there has been a debate and every member has had one opportunity to speak. Comment: This motion differs from the motion in RobertÔs Rules . The motion is always in order, of OrderRobertÔs Rules of Order is not debatable or amendable, and requires a two-thirds vote for adoption. Thus, it may be used to compel an immediate vote on a proposal without any debate on the issue. Such a device may be necessary to preserve efficiency in a large as- sembly, but with a small board, a minimum period of debate on every proposal that comes before the board strikes a better balance between efficiency and effective representation by all board members. Since every member will have an opportunity to speak, the debate may be ended by a majority vote. 9.To Postpone to a Certain Time or Day. Comment: This motion allows the board to defer consider- ation to a specified time or day and is appropriate when more information is needed or the deliberations are likely to be lengthy. The board may vote to refer 10.To Refer a Motion to a Committee. a substantive motion to a committee for its study and recom- mendations. Sixty days or more after a substantive motion has been referred to a committee, the introducer of the substan- tive motion may compel consideration of the measure by the entire board, whether or not the committee has reported the matter to the board. Comment: This motion is identical with the motion of the same name in except that the RobertÔs Rules of Order introducerÔs right to compel consideration by the full board after a specified period of time prevents using the motion to defeat a proposal by referring it to a committee that intends to take no action on it. If the board does not use committees, this rule is unnecessary. 24 29 An amendment to a motion must be pertinent 11.To Amend. to the subject of the motion. An amendment is improper if adoption of the motion with that amendment added would have the same effect as rejection of the original motion. A proposal to substitute completely different wording for a motion or an amendment shall be treated as a motion to amend. There may be an amendment to the motion and an amendment to an amendment, but no further amendments. Any amendment to a proposed ordinance shall be reduced to writing. A vote on a motion to amend a motion may be regarded as a vote on the motion as amended if that is de- termined to be the intent of the board. Comment: This motion is identical to the motion of the same name in except for the requirement for RobertÔs Rules of Order written amendments to proposed ordinances. The motion is in order at any time 12.To Revive Consideration. within one hundred days of a vote deferring consideration of it. A substantive motion on which consideration has been deferred expires one hundred days after the deferral, un- less a motion to revive consideration is adopted. Comment: This motion replaces the motion to take up from the table in and was renamed in order to avoid RobertÔs Rules of Order confusion. This motion may be debated and amended; the motion in RobertÔs Rules of Order may not. If the motion to revive cons eration is not successful within 100 days of the original deferr date, the substantive motion expires. The subject matter of the motion may be brought forward again by a new motion. The board may vote to reconsider its action 13.To Reconsider. on a matter. The motion to do so must be made by a member who voted with the prevailing side (the majority, except in the case of a tie; in that case the ÑnosÒ prevail) and only at t meeting during which the original vote was taken, including any continuation of that meeting through recess to a time and place certain. The motion cannot interrupt deliberation on a pending matter but is in order at any time before final adjournment of the meeting. If a member wishes to reverse an action taken at a previous meeting, he or she generally may make a new motion having the opposite effect of the prior action. 25 30 Any new motion having the opposite effect of the prior action that is related to the board issuing or not issuing a permit may be considered only where new evidence is presented to the board concerning the permit and all pertinent ordinance requirements, substantive and procedural, including those related to public hearings, have been met. Any new motion having the opposite effect of the prior action that relates to an ordinance may only be considered consistent with perti- nent ordinance requirements, substantive and procedural, in- cluding those related to public hearings. Comment: According to , the motion RobertÔs Rules of Order may be at the same meeting or on the next legal day and may interrupt deliberation on another matter. The rule does not allow reconsideration of a vote once the meeting adjourns. A member wishing to reverse an action taken at a previous meeting may make a motion or introduce a new ordinance having the opposite effect, consistent with public hearing re- quirements of North Carolina Law. The motion shall 14.To Prevent Reconsideration for Six Months. be in order immediately following the defeat of a substantive motion, and at no other time. The motion requires a vote equal to a quorum and is valid for six months or until the next regu- lar election of county commissioners, whichever occurs first. Comment: This clincher motion prevents the same motion from being continually introduced when the subject has been thor- oughly considered. Because this motion curtails a memberÔs right to bring a matter before the board, a vote equal to a quo- rum is required. As with every other motion, a clincher may be dissolved by a motion to suspend the rules. Six months is merely a suggested time; the board may shorten or lengthen the time as it sees fit. In order to give a new board a clean slate, the motion is not effective beyond the next regular election. A defeated motion may not be Rule 20. Renewal of Motion. renewed at the same meeting. A motion may be withdrawn Rule 21. Withdrawal of Motion. by the introducer at any time before it is amended or before the chair puts the motion to a vote, whichever occurs first. 26 31 Comment: provides that once a motion RobertÔs Rules of Order has been stated by the chair for debate, it cannot be withdrawn without the assemblyÔs consent. Such a procedure is unneces- sary for a small board. VII Quorum and Other Rules It is the duty of each member to vote Rule 22. Duty to Vote. unless excused by a majority vote according to law. The board shall excuse members from voting on matters involving their own financial interest or official conduct as provided by law. A member who wishes to be excused from voting shall so inform the chair, who shall take a vote of the remaining members. No member shall be excused from voting except in cases involving conflicts of interest, as defined by the board or by law, or the memberÔs official conduct, as defined by the board. In all othe cases, a failure to vote by a member who is physically present in the meeting, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. Comment: G.S. 153A-44 provides that board members have a duty to vote, but does not state the remedy for failure to do so Many boards record all members as voting yes on any matter put to vote unless members audibly vote no. A few boards reverse the presumption and record members as voting no unless they audibly vote yes. No vote may be taken by Rule 23. Prohibition of Secret Voting. secret ballot. If the board decides to vote by written ballot, e member shall sign his or her ballot and the minutes shall record the vote of each member. These ballots shall be retained and mad available for public inspection until the minutes of that meetin have been approved, at which time they may be destroyed. Comment: See G.S. 143-318.13(b) The board shall not deliber- Rule 24. Action by Reference. ate, vote, or otherwise act on any matter by reference to an agenda or document number unless copies of the agenda or documents being referenced are available for public inspection at the meeting and are so worded that people at the meeting can understand what is being discussed or acted on. 27 32 Comment: See G.S. 143-318.13(c). Rule 25. Introduction of Ordinances, Resolutions, and Orders. A proposed ordinance shall be deemed introduced at the first mee at which it is on the agenda and actually considered by the boar introduction shall be recorded in the minutes. Comment: G.S. 153A-45 provides that an ordinance may not be finally adopted at the meeting at which it is introduced except unanimous vote. The definition of introduction therefore is impo tant because it makes a difference in the number of votes re- quired to adopt an ordinance. The rule assumes that a measure is introduced only when the board begins to consider the matter. Rule 26. Adoption, Amendment, or Repeal of Ordinances. To be adopted at the meeting where first introduced, an ordi- nance or any action with the effect of an ordinance, or any ordi nance amending or repealing an existing ordinance (except the budget ordinance, a bond order, or other ordinance requiring a public hearing before adoption), must be approved by all mem- bers of the board of commissioners. If the proposed measure is approved by a majority of those voting but not by all members of the board, or if the measure is not voted on at the meeting where introduced, it shall be considered at the next regular meeting of the board. If the proposal receives a majority of the votes cast at the next meeting or at a meeting within 100 days of being introduced, it is adopted. . Adoption of Ordinances, Resolutions, Proclamations and Orders A motion shall be adopted by a majority of the votes cast for any and all resolutions, proclamations and orders. The vote shall express the sense of the board on a question or issue brought before it and shall serve as an official declaration of particular state of fact or circumstance. Comment: See G.S. 153A-45. See also G.S. 153A-46 for re- quirements for granting franchises. A majority of the board membership shall Rule 27. Quorum. constitute a quorum. The number required for a quorum is not affected by vacancies. If a member has withdrawn from a 28 33 meeting without being excused by majority vote of the remain- ing members present, he or she shall be counted as present for the purposes of determining whether a quorum is present. The board may compel the attendance of an absent member by ordering the sheriff to take the member into custody. Comment: See G.S. 153A-43. Compelling the attendance of a member by ordering the sheriff to take the person into custody i an extraordinary remedy intended for use when a member obsti- nately refuses to attend meetings for the purpose of preventing action on a proposal. If the board contemplates using this power it should give the absent members notice that their attendance i required by the majority and may be compelled in this manner. Public hearings required by law or Rule 28. Public Hearings. deemed advisable by the board shall be advertised per legal re- quirements and staff shall set forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time allotted to each speaker and designating representatives to speak for large groups. At the appointed time, the chair shall c the hearing to order and preside over it. When the allotted time expires, or earlier, if no one wishes to speak who has not done the presiding officer shall entertain or make a motion to end th hearing or adjourn the public hearing to another board meeting, vote on the item. The board shall thereafter resume the regular order of business. Anyone wishing to speak during a public hearing must first pro- vide his or her name and address to the clerk. Comment: G.S. 153A-52 provides that public hearings may be held anywhere within the county and gives the board authority to adopt rules governing the hearings. A quorum of the board Rule 29. Quorum at Public Hearings. shall be required at all public hearings required by law. Comment: G.S. 153A-52 implies that a quorum of governing board members is necessary for a public hearing by providing that a hearing shall be deferred to the next regular meeting if a quoru is not present at the originally scheduled time. However, if the board decided to hold a public hearing not required by law to gather a consensus of public opinion on an issue, the hearing co be held at several different sites, with a few members at each site. 29 34 Minutes shall be kept of all board meetings. Rule 30. Minutes. Minutes will be presented to the board on the regular meeting agenda. Substantive changes, including changes in content, will made in open session. Other changes may be provided to the clerk The exact wording of each motion and the results of each vote sh be recorded in the minutes. On the request of any board member the board shall be polled by name on any vote. Minutes of closed sessions will be presented to the board dur- ing a closed session held under G.S. 143-318.11(a)(1). Motion to go into closed session should state that one purpose of the session is Ñto prevent the disclosure of information that is mad privileged or confidential by G.S. 143-318.10(e).Ò Minutes and general accounts of closed sessions shall be con- sidered sealed automatically. Closed session records shall be unsealed by board action if and when the closed sessionÔs pur- pose would no longer be frustrated by making these records public. Comment: See G.S. 143-318.10(d) and the discussion of minutes in Bonnie E. Davis, Handbook for North Carolina County Com- , ,by Joseph S. Ferrell (Chapel missionerssecond edition, revised Hill, N.C.: Institute of Government, 1985). G.S. 143-318.11(d) provides that minutes and other records made of a closed session may be withheld from public inspection as long as such inspectio would frustrate the purpose of the closed session. The board shall use the procedure as Rule 31. Appointments. stated in the resolution for ÑAppointment and Orientation Pro- cess for Boards and CommissionsÒ approved on April 6, 1992 and amended on March 15, 1994, August 8, 1994, November 3, 1999, November 22, 1999, December 7, 1999, February 14, 2000, June 6, 2000, March 6, 2001, April 20, 2004, and April 12, 2005 when making appointments to fill vacancies in the regular and short-term boards and commissions on which they make ap- pointments. Appointments will be presented by the clerk to the board. These rules may be Rule 32. Amendment of the Rules. amended at any regular meeting or at any properly called spe- cial meeting that includes amendment of the rules as one of 30 35 the stated purposes of the meeting. Adoption of these rules or an amendment thereof shall require an affirmative vote equal to a quorum. Comment: Local boards may generally amend their rules of proce- dure whenever they choose, unless a statute or rule of the body created the particular board provides otherwise. To ensure that any amendments adopted reflect the will of the board majority, a vote equal to a quorum is required to approve the amendment. To the ex- Rule 33. Reference to RobertÔs Rules of Order. tent not provided for in, and not conflicting with the spirit of these rules, the chair shall refer to to RobertÔs Rules of Order resolve procedural questions. Comment: was designed to govern a RobertÔs Rules of Order large legislative assembly, and many of its provisions may be inappropriate for small boards. Nevertheless, it is the best source of Parliamentary procedure; care should simply be taken to adjust to meet the needs of small RobertÔs Rules of Order governing boards. Rule 34. The Clerk to the Board shall be the Sole County Officer Responsible for Presenting Documents to the The clerk shall review all such docu- Chair for Signature. ments with the county manager and county attorney before they are presented to the chair for execution. 36 Excerpt from the February 10, 2015 Work Session- Approved Minutes 4. Discussion on Board Rules of Procedures Chair McKee said this item arises from discussion about moving board comments to the beginning of the meeting when there is more of an audience present. Commissioner Dorosin said his real concern was regarding announcements that are directed at the public, such as event announcements and things of that nature. He thinks this should be included at the front of the meeting as Board petitions and announcements, and the Board should police themselves that these announcements are directed outward. He said reports that are more internal process updates could stay at the end of the meeting. He said when there are community based events, it is important to have these at the front of the meeting. Chair McKee suggested that the Board open up the petition section to include announcements that are related to public events, while holding the three minute limit. He said he objects to moving all comments to the beginning, because there are people waiting to discuss other items. Commissioner Rich said she would like to keep the petitions separate from the announcements. Chair McKee said he is just trying to find a way to limit the time. Commissioner Price said she is still thinking along the lines of comments versus announcements. She said there are times when you want to make a comment recognizing employees for doing an outstanding job, and you want the public to hear this. Chair McKeesaid he does not have a problem with that, and the Board members would have to use their own discretion. Commissioner Price said she agrees with the idea of giving certain comments in the beginning and then give more internalreports at the end of the meeting. Commissioner Jacobssaid the key is keepingit to three minutes. He said Board members should have the opportunity to make any comments while the room is full. He said there have been problems in the past with sticking to the three minute requirement, but everyone in this group is good at keeping within the time frame. Commissioner Burroughssaid she is very comfortable with the three minute limit. Chair McKee said he is hearing consensus to make this change and leave three minutes for eachBoard member. Commissioner Rich asked if “Petitions” would become “Petitions and Announcements.” Chair McKee said that was his wording, but he is open to other suggestions. He said it will be up to the Board to clarify when a comment is being made versus a petition. He said there needs to be a habit of making a clear statement when it is a petition. David Hunt said this proposal would need to come back to the Board for approval. He said he is hearing that this is to be changed to “Petitions and Announcements” with a three minute time limit, and then there will be comments time at the end of the meeting, without a time limit. Chair McKee said there seems to be consensus on that solution. 37 ORANGE COUNTY COPY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:March 3, 2015 March 3, 2015 Action Agenda Item No.6-l SUBJECT: BOCC Rules of Procedure Revisions DEPARTMENT:BOCCPUBLIC HEARING: (Y/N)No ATTACHMENT(S):INFORMATION CONTACT: DonnaBaker, Clerk to the Orange County Board of Commissioners (919) 245-2130 PURPOSE: To consider approval of modificationsto the BOCC Rules of Procedureand update of the Rules of Procedurebooklet. BACKGROUND: The Board of Commissioners adopted its“Rules of Procedure for the Board of County Commissioners” in May2002. Multiple amendments have been made since that time. At the February 10, 2015BOCC work session, there was discussion of the Board Comments section of the agenda. The Board suggested modifying the regular meeting agenda to add “Announcements” to the “Petitionsby Board Members” portion of the regular meetings.The intent of the change is to allow BOCC members an opportunity to announce events which the public might attendearlier in the meeting. The Order of Business belowreflects the proposed revision to the BOCC Rules of Procedure. Regular Meetings. For all regular meetings, items shall be placed on the agenda as listed below: 1. Additions or Changes to the Agenda Public Charge 2. Public Comments (Limited to One Hour) 3. Announcements and Petitions by Board Members (Three Minute Limit Per Commissioner) 4. Proclamations/Resolutions/Special Presentations 5. Public Hearings 6. Consent Agenda enda 38 7. Regular Agenda 8. Reports 9. County Manager’s Report 10. County Attorney’s Report 11. Appointments 12. Board Comments (Three Minute Limit Per Commissioner) 13. Information Items 14. Closed Session 15. Adjournment At the same meeting the Board discussed official and alternate spokespeople for the Board. The following new rule is offered for consideration. Rule 35.The Chair shall be the Spokesperson for the Board. The Chair shall be the official spokesperson for the Board. In the Chair’s absence, the Vice-Chair shall be spokesperson. In the absence of the Chair and Vice-Chair, the most senior BOCC member will be the spokesperson. This follows the standard hierarchy of Board leadership. The Chair may designate a Board representative to speak at events where a speaker has been requested to represent the BOCC. FINANCIAL IMPACT: None RECOMMENDATION(S): TheManager recommends that the Board approve the changes to the “Rules of Procedure for the Board of Commissioners” as outlined above regarding Announcements and Petitions by Board Members and the Spokesperson for the Board.