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HomeMy WebLinkAboutAgenda - 12-06-2004-5qORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 6, 2004 Action Agenda Item No. 5 -~},~ SUBJECT: Adoption of Draft Rules of Procedure Governing the Organization and Operation of the Orange County Animal Services Advisory Board DEPARTMENT: Manager's Office PUBLIC HEARING: (Y/N) No ATTACHMENT(S): A, Third Draft w/Changes Highlighted B, Clean Draft w/Changes Incorporated INFORMATION CONTACT: Geoffrey Gledhill, County Attorney Gwen Harvey, Asst. Mgr., Ext 2307 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To present for BOGC consideration the third draft of the Rules of Procedure Governing the Organization and Operation of the Orange County Animal Services Advisory Board. BACKGROUND: The BOCG at its meeting on November 3 reviewed the second draft of the Rules as developed by staff and provided additional comments for ftarther modification. The County Attorney in conjunction with staff has prepared the third draft (Attachment A).. Also attached is a "clean" version of the third draft that incorporates all changes made thus far to show what the final document would look like (Attachment B), Highlights of the Third Draft Include: • Increases the overall Board size from 9 to 12 members • Establishes license/certification requirements for animal handler/trainer/technician representatives (Applicants for appointment would have to submit appropriate documentation of credentials.) • Establishes two Appeals Committees -one far Dangerous Dogs and one for Adoptions • Meetings will employ Robert's Rules of Order, Revised, same as the BOCC • Provides for general public comments at ASAB meetings • Provides for special meeting notification procedures Applicants to serve as the veterinarian representative to the Board of Health will be advised in the future of his/her concomitant responsibility to serve on the ASAB and the Appeals Committee for Dangerous Dogs, if appointed by the BOCC, FINANCIAL IMPACT: There is no fiscal impact associated with the adoption of the draft Rules of Procedure. RECOMMENDATION(S): The Manager recommends that the Board adapt the draft Rules of Procedure Governing the Organization and Operation of the Orange County Animal Services Advisory Board. 3 c ~~ THIRD DRAFT Rules of Procedure Governing the Organization and Operation of the ORANGE COUNTY ANIMAL SERVICES ADVISORY BOARD [INSERT DATE] Charge to the Board The Orange County Animal Services Advisory Board (hereinatter. the "Board") is the primary advisory body for the Orange County Animal Services Department (hereafter "the Department") and is charged to provide input and advice to the staff of the Department. This function may include reviewing the allocation of resources, assisting in planning programs, and advising the Animal Services Director on policies and operation of the Department. Organization and Duties of the Board ~Comnosition =F1ryT~.;i.,,.,~:.~Yisor3~ B~,,n,,d-(loo-:~af~:,r"t#e-Be.,..,~~•~ ~~,.,n ,. :~. „f twelve (12) nine members appointed by the Orange County Board of Commissioners. Members shall be residents of Orange County, who are not elected ollicials, and shall he drawn from the following groups: • The Veterinarian serving on the Orange County Board of Health • Veterinarian (at-loge) • Representative from Town of Carrboro • Representative from Town of Chapel I-Iill • Representative from Town of Hillsborough • R~enrese^*r.-Three at lame representatives, at least one of which resides in the unincorporated areas of the county • Three ~renresentatives drawn from the followinv groups: Orange County animal welfare organizations and animal rescue organizations, such as A~SAnimal Protection Society.(APS) of Orange County, Friends of the Orange County Animal Shelter (FOCAS), Piedmont Wildlife Center, and Independent Animal I2escure (IAI2). F,gr n e~~64R -h{}inmi8-9r ~~-tc~i~lal rc^S^c crc ~,ro a.p • One Rprofessionally certified animal rrtanaext~handler°; ~n~roers ,r +• +'~ F ~ -l~.m~~--I:eettsed-hear-ding trainer$liand'°..r,~,trainerkeslrrtieian-(-Aaelieants-n~ay-be-o-~i~eers; ep..=at~.r~-orna;7 a1=11censed-bea+dtnu-Icenn deperr~',^._^'n ~~~ `._~ C ~~'IErinattaYt{dt-lEH'g2~ -1-;~d~,i1-k'aFtH3=he "-~er~+itrg-en-tll I=lealth Page i of 6~ One-i~_~^~:•^~^~~*a^:ti;z-fie..apel--1~iN~arr•Uore -~-~m~ ae-iepeesentative-l~epresetrtati-ve frem-Trety}} of Carr•Uo~bereu~h 9ne-r-R2prese..ta;~ineerper-aced-ar ^F' Ong-R~reptess,,•v~;,~~rn-eae-el~'"° c^n,,,,.:..,, ,. n...,.,,,,, r~^,,,. b 3 > - },, , ., enrberJ ¢rati'~VperM1~t'ei e•fn~~-IY~rTm~~c°.ir'J'!t^~ f V~T+b'--TCaiiivrj ~:f. Terms of Office Except as otherwise provided here, Board members are appointed to serve three-year terms. Initial appointments are staggered with the initial terms determined by the Board of Commissioners.: Tluee of the initial appointments are tluee-year terms; three of the initial appointments aretwo-year terms; twe-tluee of the initial appointments are one-year terms. The Board of Health veterinazian Board member is-a-Board-amber-must be currently serving! on the Board of I-lealth. ~-e€€n;ivrvit'~ ^" ~'^'~'~;; -~d'•'^` ^r~-=,i~-o=-lror t,,...,, _.,.,~ „^.,,. ,....,,,t~„ ,.,:.>, ~,;,. ,.~,... «,,...,. ^„ ,w^ n^.,.,, ,.rT-lealth-No Boazd member may serve more than two consecutive tiuee-year terms. Vacancies may only-be filled for the unexpired portion of the term of the member replaced.. On the date and at the time of the first regulaz meeting of the Board after the Board member's appointment by the Board of County Commissioners, the newly appointed Board members shall be seated, 3. R 3:2. Removal From Office By majority vote of a quorum present at a regular or duly called meeting, the Board may recommend to the Board of Commissioners that a Board member be removed. The Board members serve at the pleasure of the Board of County Commissioners. 44. Officers (a) Chair and Vicc-Chair ~r~ n.,:.,,..i c^.-. ; ~ r,;.1:e,.,^.. ^t,,,n ,. ^ c^,...,«.,., ,,. ,H^ n^^.,~. The Chair and Vice Chair shall be elected annually by the Board and shall serve one-year terms. The Chair and Vice Chair shall be elected annually at the last regular meeting of the calendar year. A proposed slate of officers for Chair and Vice Chair will be developed and presented at the regular meeting prior to the election. An ad-hoc or regular committee of the Board as designated by the Chair and approved by the Board will develop the proposed slate.. Nominations from the floor are also allowed.. Each Board member shall vote by call callwritten ballot ;-~c-~-o :, for Chair and for Vice Chair on separate motions. In the event of a tie vote, the Board shall continue balloting until the tie is broken. Page 2 of G3 5 (b) Secretary The Animal Set°vices Director shall serve as Secretary to the Boated. 5. Committees The Board shall review the existing commiittee structure at least annually and in consultation with the Animal Services Department Director and County Manaeer. brim Forward to the I3oard of Conunissioners rnaka d;~isioasrecommendations regarding the number and types of committees. Committee activities and reports are subject to the supervision attd approval of the entire Board whose role is strictly advisory to county management and the Board of Commissioners. The Board shall appoint the members of each Board committee. Only Board members may serve as committee members of standing Board committees and the number of Board members on any single committee must be at least two members and may not exceed four members, To satisfy Orange County's obligations under Chapter 67 of the North Carolina General Statutes with respect to a "potentially dangerous dog," a committee will be appointed as an Appeals Committee and be responsible for hearing all potentially dangerous dog appeals. Tlnee Board members will serve as Appeals Committee members and shall be drawn from the two veterinarian slots, and the twe professional animal management slots and the animal welfare organization slots. T-pis-same Another ~~peals Gcommittee, an Adoption Appeals Committee, also consisting of three Board members whose members shall also be drawn from the same slots as shall be responsible for hearing any appeal of an adoption decision made by the Department following the Operations procedures of the Department with respect to such an appeal. 6. Open Records All written, printed or recorded materials received or made by the Board maybe examined by the public, as provided for and as limited by the North Carolina Public Records Act, NC General Statute 132-1 et seq. Members of the public may receive certified copies upon request also as provided for and as limited by the North Carolina Public Records Act. 7. Rules of Procedure bele~ef-Reb~~t=s-Rae.. ,.r,~ ^.-~d~-~~sed-ase>~,~-,~.-'a',,.-m,,,.~~ s,~ioner~ To the extent not provided for in, and not conflicting with these rules, the Chair shall refer to Robert's Rules o/Order to resolve procedural questions. Comment: Robert's Rrrles a/Order was designed to govern a large legislative assembly, and many of its provisions may be inappropriate Page 3 of G> for small boards. Nevertheless, it is the best source of Parliamentary proeedure• care should be taken to adiust Robert's Xules of Order to meet the needs of the Board. Rule i. Meetings The Board shall hold regular meetings, at least quarterly, at which business maybe conducted. Such meetings shall be pre-scheduled at a time and place agreeable to the majority of members, A calendar of regular meetings will be established at the last regular meeting of the calendar year for the next calendar year. The requirements of the North Carolina Open Meetings Law, NC General Statute 143- .318.9 et seq., shall apply to all Board and regular or ad hoc committee meetings. Notification of the public will be in compliance with open meeting law notification requirements. Rule 2. Special, emergency and recessed meetings a. Special meetings Special and emergency meetings of the Board or its committees maybe called by the Chair or three members of the Board, as-provided-by-andand -following the procedures, ineludin~ notice, of the North Carolina Open Meetings Law, b. Recessed (adjourned) meetings. A properly called regular, special or emergency meeting maybe recessed or adjourned to a specific time and place by a motion made and adopted as provided in these Rules of Procedure in open session during the regular, special, or emergency meeting. The motion shall state the time and place when the meeting will reconvene. No further notice need be given of'such a recessed properly called meeting. Rule 3. Agenda a. Proposed agenda. The Chair and Secretary °••aa„~,-~'^a°~t-a ~° ^`'~ ~~ T~^~°a ^r'r^"shall prepare an agenda and meeting notices for proper distribution. A request to have an item of business placed on the agenda must be received by the Secretary at least three-seven working days before the meeting, Each Board member shall receive a copy of the proposed agenda and any relevant materials for each agenda item at-the-meetirKe at least three workinrr days and they shall be available for public inspection and/or distribution when they are distributed to the Board members. b. Adoption of the agenda. As its first order of business at each meeting, the Board shall discuss and revise the proposed agenda and adopt an agenda for the meeting. The Board may by majority vote add items to or subtract items from the proposed agenda, If items are proposed to be Page 4 of 63 added to the agenda, tUe-B.,"I~~r~afoi+ty-ve'R.; :~~that-written copies of particular documents connected with the items will be made available at the meeting to all Board members anc1 pubic in attendance. Rule 4. Public Address to the Board Any individual or group, •-~i~hes wishine to address the Board, shall when reasonably possible, makes a request to the Board's Secretary to be on the agenda to-the aaard'~xeret~u-ySeEretaty, T',~'al-aeterx3i.,~ ~~-tlo-n;xetitrg-whether-it-~vil1 hear lie-individual-er• g+ettlrand-h~e~wwnueh-time-to-allst-te-welt-speake~Time will be established for Qeneirtl public comment. Rule 5. Order of Business Items shall be placed on the agenda according to the order of business, Generally the order of business shall be: • Adoption of an agenda • Approval of the minutes • General public comments • Unfinished business • New business • Informal discussion Rule 6. Presidine Officer The Chair of the Board shall preside at Board meetings if he or she is present. The Chair shall have the right to vote in all cases. In order to address the Board, a member must be recognized by the Chair. If the Chair is absent, the Vice-Chair shall preside, If both the Chair and Vice-Chair are absent, another member designated by vote of the Board shall preside. The presiding officer shall have the following powers: • To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes; • To determine whether a speaker has gone beyond reasonable standards of courtesy in his/her remarks and to entertain and rule on objections from other members on this ground; • To entertain and answer questions of parliamentary law or procedure; • To call a brief recess at any time; • To adjourn in an emergency, A decision by the presiding officer under any of the first tluee powers listed maybe appealed to the Board upon motion of any Board member, immediately after such decision is am~ounced and at no other time. The Board member making the motion need not be recognized by the Chair and may not be ruled out of order. Rule 7. Action by the Board The Board shall proceed by motion, except in the case of elections of officers that shall proceed according to the rules otherwise established in that-sc~rthese Rules of Procedure Any Board member including the Chair may make a motion. Page 5 of 6~ Q Rule 8. Adoption by Majority Vote A motion shall be adopted by a majority of the votes cast, a quorum being present. A majority is more than half of those present. Rule 9. Quorum A majority of the currently appointed Board members (excluding vacant seats) shall constitute a quorum. A majority is more than half. The Chair shall be considered a member of the Board in determining the number on which a majority is based and in counting the number of Boazd members actually present„ A Board member who has withdrawn from a meeting without being excused by majority vote of the remaining Board members present shall be counted as present for purposes of determining whether or not a quorum is present. Rule 10. Minutes The Secretary shall record (audiotape) meetings and prepare written minutes; however, the same need not be verbatim, The minutes shall be open to inspection of the public, The exact wording of each motion and the results of each vote shall be recorded in the minutes, and on the request of any Board member, the entire Board shall be polled by name on any vote. Rule 11. Revision of Rules of 13y-laws->xrd-Procedures Subject to the approval of the Orange County Board of Commissioners, these Rules of Procedure maybe revised by simple majority vote of Board members present at any regular meeting of the Board at which a quorum is present. Distribution of a copy of the proposed Rides by-la~~-change(s) to the members and a discussion of the proposed change at the preceding month regular meeting shall precede such vote.. These Rules of Procedure shall be reviewed every five years for possible changes. No provision of these Rules ofProcedure may be in conflict with State law. The Orange County Board of Commissioners must approve all Rules ofProcedure changes before they take effect. Drcrf[ed October 35 ZOOd Ise:cxm ccount \ASD Adviso nd Drefl reviud b ~ Cif_G.doc Page 6 of 63 Rules of Procedure Governing the Organization and Operation of the ORANGE COUNTY ANIMAL SERVICES ADVISORY BOARD Adopted by the Board of County Commissioners: (Insert Date) Charge to the Board The Orange County Animal Services Advisory Board (hereinafter, the "Board") is the primary advisory body for the Orange County Animal Services Department (hereafter "the Department") and is charged to provide input and advice to the staff of the Department. This function may include reviewing the allocation of resources, assisting in planning programs, and advising the Animal Services Director on policies and operation of the Department. Organization and Duties of the Board Composition The Animal Services Advisory Board (hereinafter "the Board") shall consist of twelve (12) members appointed by the Orange County Board of Commissioners. Members shall be residents of Orange County, who are not elected officials, and shall be drawn from the following groups: • The Veterinarian serving on the Orange County Board of Health (I) • Veterinarian (at-large) (1) • Representative from Town of Carrboro (1) • Representative from Town of Chapel Hill (1) • Representative from Town of Hillsborough (1) • Tlrree at large representatives, at least one of whom resides in the unincorporated areas of the county (3) • Three representatives drawn from the following groups: Orange County animal welfare organizations and animal rescue organizations, such as Animal Protection Society (APS) of Orange County, Friends of the Orange County Animal Shelter (FOCAS), Piedmont Wildlife Center, and Independent Animal Rescue (IAR). (.3) • One professionally certified animal handler/trainer/teclmician. (Applicants may be owners, operators, or staff at licensed boarding kennels, veterinary hospitals, or independent dog trainers. Applicants must be able to provide appropriately recognized credentials.) (1) f. Terms of Office Except as otherwise provided here, Board members are appointed to serve three-year tern~s~ Initial appointments are staggered with the initial terms determined by the Board of Connnissioners. Three of the initial appointments are three-year terms; three of the initial appoinhnents are two-year terms; three of the initial appointments are one-year terms. The Board of Health veterinarian Board member must be currently serving on the Board of Health. No Board member may serve more than two consecutive tluee-year terms. Vacancies maybe filled for the unexpired portion of the term of the member Page I of 5 l0 replaced. On the date and at the time of the first regular meeting of the Board after the Board member's appointment by the Board of County Commissioners, the newly appointed Board members shall be seated. 2. :3. Removal from Office By majority vote of a quorum present at a regular or duly called meeting, the Board may recommend to the Board of Commissioners that a Board member be removed. The Board members serve at the pleasure of the Board of County Commissioners. 4. Officers (a) Chair and Vice-Chair The Chair and Vice Chair shall be elected annually by the Board and shall serve one-year terms, The Chair and Vice Chair shall be elected annually at the last regular meeting of the calendar year. A proposed slate of officers for Chair and Vice Chair will be developed and presented at the regular meeting prior to the election, An ad-hoc or regular committee of the Board as designated by the Chair and approved by the Board will develop the proposed slate. Nominations from the floor are also allowed. Each Board member shall vote by written ballot for Chair and for Vice Chair on separate motions. In the event of a tie vote, the Board shall continue balloting until the tie is broken. (b) Secretary The Animal Services Director shall serve as Secretary to the Board,. 5. Committees The Board shall review the existing committee structure at least annually and in consultation with the Animal Services Department Director azrd County Manager, bring forward to the Board of Commissioners' recommendations regarding the number and types of committees. Committee activities and reports are subject to tare supervision and approval of the entire Board whose role is strictly advisory to county management and the Board of Commissioners., The Board shall appoint the members of each Board committee. Only Board members may serve as committee members of standing Board committees and the number of Board members on any single committee must be at least two members and may not exceed four members. To satisfy Orange County's obligations under Chapter 67 of the North Carolina General Statutes with respect to a "potentially dangerous dog," a canmittee will be appointed as an Appeals Committee and be responsible for hearing all potentially dangerous dog appeals. Tluee Board members will serve as Appeals Committee members and shall be drawn from the veterinarian slots, professional animal management slots, and the animal welfare organization slots. Another committee, an Adoption Appeals Committee, also consisting of three Boaz'd members, whose members shall also be drawn from the same slots as the potentially Page 2 of 5 dangerous dog Appeals Committee (but not the same veterinarian) shall be responsible for hearing any appeal of an adoption decision made by the Department following the Operations procedures of the Depaztment with respect to such an appeal. 6. Open Records All written, printed or recorded materials received or made by the Board maybe examined by the public, as provided for and as limited by the North Carolina Public Records Act, NC General Statute 132-1 et seq. Members of the public may receive certified copies upon request also as provided for and as limited by the North Carolina Public Records Act. 7. Rules of Procedure To the extent not provided for in, and not conflicting with these rules, the Chair shall refer to Robert's Rzzles of Order to resolve procedural questions. Comment: Robert's Rules o/Order was desi ng ed to govern a large legislative assembly and many of its provisions ma b~ inappropriate for small boards. Nevertheless, it is the best source of Pazliamentary procedure• care should be taken to adjust Robert's Rules of Ozder to meet the needs of the Boazd. Rule 1. Meetings The Board shall hold regular meetings, at least quarterly, at which business maybe conducted. Such meetings shall bepre-scheduled at a time and place agreeable to the majority of members. A calendar of regular meetings will be established at the last regulaz meeting of the calendar year for the next calendar year.. The requirements of the North Carolina Open Meetings Law, NC General Statute 143- 318.9 et seq.., shall apply to all Board and regular or ad hoc committee meetings. Notification of the public will be in compliance with open meeting law notification requirements. Rule 2. Special, emergency and recessed meetings a. Special meetings Special and emergency meetings of the Board or its committees may be called by the Chair or three members of the Board, and following the procedures, including notice, of the North Carolina Open Meetings L,aw. b. Recessed (adjourned) meetings. A properly called regular, special or emergency meeting maybe recessed or adjourned to a specific time and place by a motion made and adopted as provided in these Rules of Procedure in open session during the regular, special, or emergency meeting. The motion shall state the time and place when the meeting will reconvene, No further notice need be given of such a recessed properly called meeting. Page 3 of 5 ra Rule 3. Agenda a. Proposed agenda. The Chair and Secretary shall prepare an agenda and meeting notices for proper distribution. A request to have an item ofbusiness placed on the agenda must be received by the Secretary at least seven working days before the meeting. Each Board member shall receive a copy of the proposed agenda and any relevant materials for each agenda item at least three working days and they shall be available for public inspection and/or distribution when Yhey are distributed to the Board members. b. Adoption of the agenda. As its first order of business at each meeting, the Board shall discuss and revise the proposed agenda and adopt an agenda for the meeting. Zhe Board may by majority vote add items to or subtract items from the proposed agenda. If' items are proposed to be added to the agenda, written copies ofparticulaz documents connected with the items will be made available at the meeting to all Board members and public in attendance, Rule 4. Public Address to the Board Any individual or group wishing to address the Board shall when reasonably possible, make a request to the Board's Secretary to be on the agenda. Time will be established for general public comment. Rule 5. Order of Business Items shall be placed on the agenda according to the order of business. Generally the order of business shall be: • Adoption of an agenda • Approval of the minutes • General public comments • Unfinished business • New business • Informal discussion Rule 6. Presidine Officer The Chair of the Boazd shall preside at Board meetings if he or she is present. The Chair shall have the right to vote in all cases.. In order to address the Boazd, a member must be recognized by the Chair, If the Chair is absent, the Vice-Chair shall preside. If both the Chair and Vice-Chair are absent, another member designated by vote of the Board shall preside,. The presiding officer shall have the following powers: • To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes; • To determine whether a speaker has gone beyond reasonable standards of courtesy in his/her remarks and to entertain and rule on objections from other members on this ground; • To entertain and answer questions of parliamentary law or procedure; Page 4 of 5 f3 • To call a brief recess at any time; • To adjourn in an emergency.. A decision by the presiding officer under any of the first three powers listed maybe appealed to the Board upon motion of any Board member, immediately after such decision is anrrotmced and at no other time. The Board member making the motion need not be recognized by the Chair and may not be ruled out of order. Rule 7. Action by the Board The Board shall proceed by motion, except in the case of elections of officers that shall proceed according to the rules otherwise established in these Rules of Procedure, Any Board member including the Chair may make a motion. Rule 8. Adoption by Majority Vote A motion shall be adopted by a majority of votes cast, a quonim being present. A majority is more than half of those present. Rule 9. Quorum A majority of the currently appointed Board members (excluding vacant seats) shall constitute a quorum, A majority is more than half: The Chair shall be considered a member of the Board in determining the number on which a majority is based and in counting the number of Board members actually present.. A Board member who has withdrawn from a meeting without being excused by majority vote of the remaining Board members present shall be counted as present for purposes of determining whether or not a quorum is present. Rule 10. Minutes The Secretary shall record (audiotape) meetings and prepare written minutes; however, the same need not be verbatim, The minutes shall be open to inspection of the public.. The exact wording of each motion and the results of each vote shall be recorded in the minutes, and on the request of any Board member, the entire Board shall be polled by name on any vote.. Rule 11. Revision of Rules of Procedures Subject to the approval of the Orange County Board of Commissioners, these Rules of Procedure may be revised by simple majority vote of Board members present at any regular meeting of the Board at which a quorum is present. Distribution of a copy of the proposed Rules change(s) to the members and a discussion of the proposed change at the preceding month regular meeting shall precede such vote. These Rules of Procedure shall be reviewed every five years for possible changes. No provision of these Rules of Procedure maybe in conflict with State law, The Orange County Board of Conunissioners must approve all Rules of Procedure changes before they take effect. Clean Edited Copy Conepiled 1122 04 Page 5 of 5