HomeMy WebLinkAboutAgenda 11-07-19 Item 8-f - Modifications to the Agenda 11-07-19 Item Board of County Commissioners’ “Rules of Procedure” for Meeting Classifications and Clarification on Public Comments at BOCC Meetings 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 7, 2019
Action Agenda
Item No. 8-f
SUBJECT: Modifications to the Board of County Commissioners' "Rules of Procedure" for
Meeting Classifications and Clarification on Public Comments at BOCC
Meetings
DEPARTMENT: Board of Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
1. Excerpt from Draft October 3, 2019 David Hunt, 919-245-2126
BOCC Minutes John Roberts, 919-245-2318
2. BOCC Meeting Types
3. BOCC Rules of Procedure with
Changes
PURPOSE: To approve modifications and/or additions to the BOCC "Rules of Procedure" to
change the reference for formal meetings that generally occur twice a month from "Regular
Meetings" to "Business Meetings", and clarify opportunities for public comment at BOCC
meetings.
BACKGROUND: At the September 10, 2019 work session, the Board had a brief discussion
related to public comments occurring at work sessions.
At the September 17, 2019 Regular Board Meeting, a request was made by a member of the
public that the Board consider providing the opportunity for public comments at all BOCC
meetings.
At the October 3, 2019 work session, the BOCC instructed the County Attorney to develop
proposed language modifying the Board's "Rules of Procedure" to clarify public comment at
meetings. An excerpt from the draft October 3rd meeting minutes is attached for reference as
Attachment 1.
Staff's research on this topic led to some confusion regarding the term "regular meeting". Per
North Carolina General Statutes, a "regular meeting" classification is based on notification
timelines, and all BOCC meetings announced when an annual meeting calendar is approved
could be considered "regular meetings". As used by the Orange County Board of
Commissioners, a "Regular Meeting" is the formal business meeting generally held twice a
month. To reduce confusion, it is proposed that the BOCC amend its Rules of Procedure to
change the reference of the formal meeting from "Regular Meeting" to "Business Meeting". (See
Attachment 2)
One of the challenges to the meeting name change is the number of areas and documents that
reference "Regular Meetings". This could include approved calendars, advisory board by-laws,
2
Orange County Unified Development Ordinance, etc. If the Board moves forward with the
change, staff recommends that the action include changing all formal meeting references going
forward from "Regular Meeting" to "Business Meeting".
This also impacts the terminology used in the Rules of Procedure. Changes to the Rules of
Procedure to elaborate on public comment would also include the use of the term "Business
Meeting".
North Carolina General Statute 153A-52.1 establishes a baseline for public comment at BOCC
meetings. The statute requires the BOCC to "provide at least one period for public comment per
month at a regular meeting of the board." Orange County far exceeds this baseline and also
exceeds what is provided by many other counties.
The current Rules of Procedures for the Board of County Commissioners, Rule 9, "Public
Comment for Items not on the Printed Agenda", provides the opportunity for public comment on
any topic at the beginning of all Regular Meetings (proposed to change to "Business Meeting")
under Item #2. Speakers are required to sign up to speak, and are allowed three minutes each
after being recognized by the Board Chair.
There is no current specific written policy regarding public comment at non-Business BOCC
meetings. However, the Board's general practice for more than 20 years has been that non-
Business BOCC meetings are opportunities for Board members to study, discuss and evaluate
issues among themselves, with governing boards from other jurisdictions, and with staff. Since
those non-Business Meetings by practice have rarely incorporated actual decisions made by the
Board, opportunities for public comment have been focused on Business Meetings when the
Board is specifically considering decisions on respective issues.
Attachment 3 provides the Board's Rules of Procedure with the County Attorney's proposed
language modifying the Board's "Rules of Procedure" to clarify public comment at meetings.
This proposed language addresses Business Meetings as referenced/newly-titled above, as well
as the public comment framework for all other Board meetings. Those other Board meetings
include, but are not necessarily limited to:
• Work Sessions
• Budget Work Sessions
• Budget Public Hearings
• Annual Board Retreats
• Joint Meetings with the Fire Chiefs' Council
• Joint Meetings with the Schools
• Assembly of Governments
• Any Other Joint Meetings
• Legislative Breakfasts
• Special Meetings (i.e. — public hearing on economic development and decision)
• Meetings Specifically for Closed Session Matters (must be started in open session)
FINANCIAL IMPACT: There is no financial impact associated with discussion of this issue.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
3
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board:
1) approve changing all references to the Board's formal meetings from "Regular
Meeting" to "Business Meeting" going forward; and
2) approve the modifications to the Rules of Procedure as submitted by the County
Attorney in Attachment 3 clarifying opportunities for public comment at Board
meetings.
4
Attachment 1
Excerpt from BOCC Draft Work Session Minutes from 10/3/19
The Board met to discuss potential changes to the Board's current framework regarding public
comments at BOCC meetings.
Chair Rich said this issue was brought up by Earl and a resident at a recent meeting.
John Roberts said it came up because a lot of false information was being spread that the Board of
County Commissioners was talking about things behind closed doors, which was not true. An item
was just opened for discussion, and no vote was taken. The public does have an opportunity to
give their comments at a public hearing, and the Board allows public comment at all regular
meetings. Work session discussions are intended to be continued to another time.
Commissioner Marcoplos said that a Work Session is not a private meeting. The public can attend
and listen.
Commissioner Price said the booklet already says that. Can we just add to what's in the book to
explain we are not conducting regular business?
Chair Rich said the consensus seems to be to bring this topic back to a regular meeting with some
proposed wording to manage expectations.
John Roberts said he will put it on an agenda and allow for public comment, and will make the
desired changes.
Bonnie Hammersley said she was reminded that this wasn't only regarding a public work session,
but also other types of meetings.
Greg Wilder said there are different types of meetings. We have special sessions, meetings with
other jurisdictions, the retreat, legislative breakfasts and other types. The petition says all types of
meetings.
Commissioner Dorosin said I think it should apply for all types of meetings except regular meetings.
We have plenty of other regular meetings per month. Any other types of meetings besides regular
meetings are like work sessions.
Commissioner Price asked can we add a section on when public comment is allowable?
Commissioner Dorosin said we need a section describing work sessions are and why.
Commissioner Price said there is already a section, but it's not as descriptive as you're talking
about. I agree with what you're saying, but don't know if we need to spell out public comment in
each type of meeting.
Commissioner Dorosin said I believe we need to state what a work session is.
Bonnie Hammersley said Commissioner Dorosin's suggestion of putting something at the top of the
agenda that it's not an opportunity for public comment is good.
Commissioner Dorosin — I would have the language "Work Sessions are designed to xxx", and
address no public comment. If we spell it out, people will better understand. We can use boilerplate
language and change the only date when the next public comment is available.
Chair Rich asked if we need to have a definition for AOG meetings. The two categories are regular
and work sessions (all others are work sessions). We need to clarify this here.
Greg Wilder said that the statement that the Board doesn't make decisions at work sessions is not
totally correct, and you occasionally vote. John Roberts will need to figure out the best way to word
this.
Commissioner Dorosin said the AOG is not a voting situation; it's just a type of agreement.
Commissioner Bedford said at joint meeting, votes are possible.
Bonnie Hammersley said you can vote at any meeting that has a quorum, and not have to bring it
back. Even at budget time, the final vote is not concrete until it's a final vote when the budget is
approved. Otherwise, it's an unofficial vote. This is related to official votes.
Chair Rich said John will come up with language and we will discuss it at a regular meeting.
5
Attachment 2
BOCC Meeting Types
The following is offered for clarification based on the BOCC discussion at the 10/3/19 Work Session,
Item#1, "Public Comments at BOCC Meetings". Items printed below are either directly from or
paraphrasing information from "Open Meetings and Local Governments in North Carolina" (Bluestein
and Lawrence)from the UNC School of Government and their interpretation of North Carolina General
Statues.
Official Meeting—An official meeting occurs whenever a majority of the members of a public body
gather together in order to
• Conduct a hearing
• Participate in deliberation
• Vote
• Or otherwise transact public business
Notice Requirements for Official Meetings—
The law delineates four categories of meetings—regular, special, emergency and recessed—and
establishes different notice requirements for each type.
(These four categories are based on a notification timeline. The categories are not dependent on the
content,format or process method of the meeting.)
Notice Requirements
• Regular Meeting— 10 days before the first meeting, usually submitted annually
• Change in Regular Meeting—at least 7 days prior to the changed meeting
• Special Meeting—48 hours prior to the meeting, must list topics
• Emergency Meeting—immediate decision needed, cannot wait 48 hours, notify local news
outlets that requested notice
• Recessed Meeting—a recessed meeting is essentially noticed at the time of recess when the
time and place is announced (in open session) of when the meeting will resume.
Use of the Term Regular Meeting
A regular meeting is typically a business meeting held at regular times such as the first Tuesdays of each
month.
6
In Orange County there are 40—50 BOCC meetings a year. For the purpose of fulfilling open meeting
law requirements, all of these meetings are considered "regular" meetings and officially noticed with
the approval of the annual meeting calendar.
Causing confusion in the terminology, Orange County refers to the twice a month formal business
meetings as Regular Meetings. In addition to these meetings,the BOCC also conducts the following
types of scheduled meetings.
• Work Sessions
• Budget Work Sessions
• Budget Public Hearings
• Annual Board Retreats
• Joint Meetings with the Fire Chiefs' Council
• Joint Meetings with the Schools
• Assembly of Governments
• Any Other Joint Meetings
• Legislative Breakfasts
• Special Meetings (i.e. — public hearing on economic development and decision)
• Meetings Specifically for Closed Session Matters (must be started in open
session)
By law, the BOCC can vote and make decisions at any of these duly noticed meetings. In practice,the
BOCC tries to only vote on decisions at the "Regular" meetings usually held twice a month. (There have
been occasions at Work Sessions where the BOCC took an official vote and made decisions on time
sensitive items.)
The current discussion before the BOCC is whether to add a time for public comment at all BOCC
meetings.
In researching this topic there was some confusion as to the term "regular meeting". Per NCGS, a
"regular meeting" classification is based on notification timelines and all BOCC meetings announced
when a yearly calendar is approved could be considered regular meetings.As used by the Orange
County Board of Commissioners, a "Regular Meeting" is the formal business meeting usually held twice
a month.To reduce confusion, it is proposed that the BOCC change the reference of the formal meeting
from "Regular Meeting"to "Business Meeting".
Per the Board's request to offer an explanation and reasoning on public comments only at Business
Meetings, the County Attorney offers the attached modifications to the "Rules of Procedure for the
Board of County Commissioners".
Additional wording has been suggested for Rule 6. Regular and Special Meetings, section (d) Work
Sessions, Committee Meetings or other Informal Meetings, as follows:
Work sessions include regular work sessions, budget work sessions,joint meetings with
other governmental entities, and other meetings not scheduled as "business meetings."
7
All work sessions are open to the public and the public is invited to attend and observe
work sessions. Public comment is generally not permitted at work sessions for several
reasons: (1) Work sessions are, by design, intended to be informal meetings to allow
back and forth discussion between and among board members; (2) For the most part
items presented at work sessions for board discussion, are items that are in the early
stages of development, are items for which county staff need direction from the Board
of Commissioners, or generally are not ready for formal presentation and decision; (3)
Except in emergency circumstances final and binding votes on work session agenda
items are not conducted at work sessions; and (4) Except as noted above all work
session agenda items are brought forward for final and binding votes at Board
business meetings at which public comment is sought and encouraged.
Also, under Rule 9. Public Comments—Items Not on the Printed Agenda, the County Attorney has added
the following:
As noted above public comment is not accepted at work sessions but only at
business meetings. North Carolina law requires local governments to schedule one
public comment period at one regular meeting one time per month. Orange County
far exceeds this mandate and schedules a public comment period at all of its
business meetings during which the public may comment on any topic. Further the
public is invited to comment separately on each item on a business meeting agenda.
This is offered for approval by the BOCC.
8
Attachment 3
Rules of Procedure for the
Board of County Commissioners
Adopted - May 2002
Amended - July 2018
Printed - July 2018
n6` p o
nAI
Orange County
North Carolina
2 9
Principles of
Parliamentary Law
• 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 10
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 ........................... 25
Orange County, North Carolina
4 11
[Page intentionally left blank.]
5 12
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 Robert's Rules of Order, Revised. Robert's Rules
is intended to guide the deliberations of a large legislative body;
consequently, it is not always appropriate for a small governing
board, which can afford to proceed with much less formality. An-
other valuable resource consulted for this revision of the rules
was Mason's Manual of Legislative Procedure. Mason's Manual is
intended primarily for state legislatures, but its extensive discus-
sion of the basic principles of parliamentary 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 exercise 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 conform
to "generally accepted principles of parliamentary procedure"and
do not conflict with applicable law. Mason's Manual suggests that
parliamentary law affecting the work of a board of county commis-
sioners can be summarized in ten basic principles:
1. The board can take only those actions that it has authority or
jurisdiction to take. A corollary of this principle is that the
board's action, to be valid, must not violate any applicable law
or constitutional provision. This is simply another manifesta-
tion of the familiar legal doctrine that a unit of local govern-
ment has only those powers conferred on it by law or necessar-
ily implied from some specific grant of power.
2. The board must meet in order to act. Under North Carolina
law, the powers conferred on the county governing board are
exercised by the county board of commissioners as a group,
not its individual members. Therefore, the group must meet
in order to act.
6 13
3. All board members must receive proper notice of meetings. Since
all members are equally entitled to participate in board meet-
ings, 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-
cide. Except when electing their own officers or balloting for
appointments, legislative bodies proceed by voting yes or no
on specific proposals put forward by one or more members.
Each member has 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.
6. There must be opportunity for debate. The very nature of a
deliberative body requires that members share information
and opinion about matters before the board.
7. Questions must be decided by vote. Legislative bodies do not
decide matters by discussing them until a consensus emerges.
8. Votes are decided by majority. Usually only a simple majority
of votes cast suffices, but the board's rules or an applicable
law may sometimes require an extraordinary majority.
9. There must be no fraud, trickery, or deception in the board's
proceedings.
10. The board's rules of procedure must be applied consistently.
Most of the following rules 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
Rule 1. Applicability of Rules. These rules apply to all meetings
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 law.
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. These
rules fulfill that purpose and also are designed to ensure board
compliance with the Open Meetings Law, G.S. 143-318.9
through 318.18,which applies to any gathering of a majority of
7 14
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
Rule 2. Meetings to be Open. (a) It is the public policy of
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"called or held to evade the
spirit and purposes"of the laws requiring meetings to be open.
Rule 3. Closed Sessions. (a) Notwithstanding the provisions
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 that
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:
1. To prevent the disclosure of information that is privileged or
confidential pursuant to the law of this State or of the United
8 15
States, or not considered a public record within the meaning of
Chapter 132 of the General Statutes.
2.To prevent the premature disclosure of an honorary degree,scholar-
ship,prize,or similar award.
3.To consult with an attorney employed or retained by the public body
in order to preserve the attorney-client privilege between the attorney
and the public body,which privilege is hereby acknowledged.General
policy matters may not be discussed in a closed session and nothing
herein shall be construed to permit a public body to close a meeting
that otherwise would be open merely because an attorney employed or
retained by the public body is a participant.The public body may
consider and give instructions to an attorney concerning the handling
or settlement of a claim,judicial action,mediation,arbitration,or
administrative procedure.If the public body has approved or considered
a settlement,other than a malpractice settlement by or on behalf of a
hospital,in closed session,the terms of that settlement shall be re-
ported to the public body and entered into its minutes as soon as
possible within a reasonable time after the settlement is concluded.
4.To discuss matters relating to the location or expansion of industries
or other businesses in the area served by the public body,including
agreement on a tentative list of economic development incentives that
may be offered by the public body in negotiations,or to discuss matters
relating to military installation closure or realignment.Any action
approving the signing of an economic development contract or commit-
ment,or the action authorizing the payment of economic development
expenditures, shall be taken in an open session.
5.To establish,or to instruct the public body's staff or negotiating
agents concerning the position to be taken by or on behalf of the public
body in negotiating(i)the price and other material terms of a contract
or proposed contract for the acquisition 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.
6.To consider the qualifications, competence, performance, character,
fitness,conditions of appointment, or conditions of initial employment
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 person-
nel policy issues may not be considered in a closed session.A public
body may not consider the qualifications, competence,performance,
9 16
character, fitness, appointment, or removal of a member of the
public body or another body and may not consider or fill a vacancy
among its own membership except in an open meeting. Final action
making an appointment 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.
G.S. 143-318.11 Page 2
7.To plan,conduct,or hear reports concerning investigations of alleged
criminal misconduct.
8.To formulate plans by a local board of education relating to emer-
gency response to incidents of school violence or to formulate and adopt
the school safety components of school improvement plans by a local
board of education or a school improvement team.
9.To discuss and take action regarding plans to protect public safety as
it relates to existing or potential terrorist activity and to receive
briefings by staff members,legal counsel,or law enforcement or
emergency service officials concerning actions taken or to be taken to
respond to such activity.
(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 ses-
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 3 (a)(3) must identify the parties in each exist-
ing lawsuit, if any, concerning which the board expects to receive
advice during the closed session.
(c) The board shall determine who shall attend the closed session.
The county manager, county attorney and clerk to the board shall
attend all closed sessions unless otherwise determined by the board.
The board shall determine other necessary attendees as the facts
and the circumstances dictate. With respect to a closed session to
consult with the county attorney or another attorney employed by
or retained by the county, in order to preserve the attorney-client
privilege between the attorney and the board, the board shall not
permit a person to attend the closed session if that person's atten-
dance would defeat the attorney-client privilege.
10 17
(d) The board shall conclude a closed session and return to open
session upon a motion made and adopted to do so.
III. Organization of the Board
Rule 4. Organizational Meeting. The board shall hold an or-
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 is
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 del-
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.
Rule 5. Election of the Chair. The chair of the board shall be
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"for the ensuing year."
11 18
IV. Regular and Special Meetings
Rule 6. Regular and Special Meetings.
(a) Regular Meetings. The board usually holds a regular meet-
ing on the first and third Tuesday of each month in accordance
with the "Board Calendar of Meetings" approved by the board.
All meetings shall begin at 7:00 p.m. unless otherwise noted on
the "Calendar of Meetings." The board may change the place or
time of any meeting listed on the approved "Calendar of Meet-
ings" by a majority vote, and have it posted and noticed no less
than seven days before the change takes effect. A notice shall be
filed with the clerk to the board and posted, online, on the princi-
pal bulletin board of the county, and at or near the regular meet-
ing place, and notices shall be sent to all persons who have re-
quested notice of special meetings of the board.
(b) Special Meetings. The chair or a majority of the members of
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 the
subjects to be considered. The person or persons who call the
meeting shall cause the notice to be posted on the principal bulle-
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 the
usual dwelling place of each member at least 48 hours before the
meeting. In addition, the notice shall be mailed or sent by e-mail
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 transacted
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
open session during another duly called meeting. The motion call-
ing for a special meeting shall specify its time, place, and purpose.
At least 48 hours before the meeting, the notice shall be posted on
12 19
the principal bulletin board of the county and at the regular meeting
place, and delivered to all board members not present at the meeting
at which the special meeting was called. Only items of business speci-
fied in the motion calling for the special meeting may be transacted at
a special meeting called in this matter unless all members are present
and the board determines in good faith at the meeting that it is essen-
tial to discuss or act on the additional item immediately.
Comment: See G.S. 153A-40(a) and G.S. 143-318.12(b)(2).
(c) Emergency Meetings. The chair or a majority of board
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 organization's telephone number. Only
business connected with the emergency may be considered at
an emergency meeting.
(d) Work Sessions, Committee Meetings or other Informal
Meetings. The chair or a majority of the board members may
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 place
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.
Work sessions include regular work sessions, budget work
sessions, joint meetings with other governmental entities, and
other meetings not scheduled as "Peg�business meetings." All
work sessions are open to the public and the public is invited to
attend and observe work sessions. Public comment is generally
not permitted at work sessions for several reasons: (1) Work
sessions are, by design, intended to be informal meetings to allow
back and forth discussion between and among board members;
(2) For the most part items presented at work sessions for board
discussion, are items that are in the early stages of development,
are items for which county staff need direction from the Board of
13
Commissioners, or generally are not ready f&0 formal
presentation and decision; (3) Except in emergency
circumstances final and binding votes on work session mzenda
items are not conducted at work sessions; and (4) Except as noted
above all work session agenda items are brought forward for final
and binding votes at Board reeulffbusinessmeetin s at
which public comment is sought and encouraged.
(e) Sunshine List. Any individual person and any newspaper,
wire service, radio station, and television station may file with
the Clerk to the Board of Commissioners a written request for
notice of all special meetings of the board. These are meetings
not listed on the regular"Calendar of Meetings." Orange County
maintains an online list service in which anyone may add their
email address to receive meeting notices at no charge.
14 21
Comment: The Open Meetings Law requires that any "offi-
cial meeting" at which a majority of the board deliberates on
public business must be open to the public and notice must
be given. The last sentence of the rule embodies that prin-
ciple. The rule goes beyond the Open Meetings Law in re-
quiring 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 specify
that location.
Rule 7. Location of Meetings. All meetings shall be held
within the boundaries of Orange County except as otherwise
provided herein.
1. A joint meeting with the governing board of any other po-
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.
2. A special meeting called for the purpose of considering and
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.
3. A meeting may be held in connection with a retreat, fo-
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.
4. A meeting may be held while in attendance at a convention,
association meeting, or similar gathering solely to discuss
or deliberate the board's position concerning convention
resolutions, elections of association officers, and similar is-
sues that are not legally binding upon the board or its con-
stituents.
1s 22
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"deliberates"on public business.
V. Agenda
Rule 8. Agenda. (a) The county manager shall prepare the agenda
for each regular, special and emergency meeting subject to review
and approval by the chair and vice-chair.A request to have an item
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 provided 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 be-
come so when packets have been provided to each board member
or left at his or her usual dwelling. Copies shall be available for
members of the public in the clerk's office and at the Orange
County Main Public Library. The agenda is also published on the
county's web site,orangecountync.gov.
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 clerk's office shall post agendas for regular meetings,
public hearings and work sessions on the county's website
within 24 hours after they are distributed to the Board of
Commissioners by the county manager's office.
16 23
(c) The board may, by approval of a majority of its members, i.e. an
affirmative vote equal to a quorum,add an item at the meeting that is
not on the 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 meet-
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
Agenda. The county manager shall include on the agenda of
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. As noted above public comment is not accepted
at work sessions but only at meetings. North
Carolina law requires local governments to schedule one public
comment period at one regular meeting one time per month.
Orange County far exceeds this mandate and schedules a
public comment period at all of its reeu4erbusiness meetings
during which the public may comment on any topic. Further
the public is invited to comment separately on each item on a
reeitlErbusiness meeting agenda.
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 re-
ferred for Chair/Vice Chair/Manager review and for recommenda-
tions to the full Board at a later date regarding a) consideration of
the request at a future regular Board meeting; or b) receipt of the
request as information only. Submittal of information to the Board
or receipt of information by the Board does not constitute approval,
endorsement, or consent.
17 24
Comment: The board may decide as a matter of general policy to set
aside part of each meeting for individuals or groups to address the
board.The rule allows any individual or group to get on the agenda
but lets the board decide whether there is time to hear its comments.
18 25
Rule 10. Order of Business.
(a) 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. Regular Agenda
7. Reports
8. Consent Agenda
• Removal of Items from Consent Agenda
• Approval of Remaining Consent Agenda
• Discussion and Approval of the Items Removed from the
Consent Agenda
9. County Manager's Report
10. County Attorney's Report
11. Appointments
12. Information Items
13. Closed Session
14. Adjournment
If there is no objection, the chair may call items in any order most
convenient for the dispatch of business. The meeting will end at
10:30 p.m. 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
(c) Public Charge. A public charge may be read at each meeting
to set the tone for civil decorum. The public charge is placed on
the agenda immediately after item 1, "Additions or Changes to
the Agenda"and it shall read:
19 26
The Board of Commissioners pledges its respect to all
present. The Board asks those attending this meeting to
conduct themselves in a respectful, courteous manner
toward each other, county staff and the commissioners.At
any time should a member of the Board or the public fail
to observe this charge, the Chair will take steps to restore
order and decorum. Should it become impossible to
restore order and continue the meeting, the Chair will
recess the meeting until such time that a genuine
commitment to this public charge is observed.
The BOCC asks that all electronic devices such as cell
phones,pagers,and computers shouldplease be turned off
or set to silent/vibrate.
Please be kind to everyone.
VI. Conduct of Debate
Rule 11. Powers of the Chair. The chair shall preside at all meet-
ings of the board if he or she is present. 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 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:
1. To rule on points of parliamentary procedure, including the
right to rule out of order any motion patently offered for ob-
structive or dilatory purposes;
2. To determine whether a speaker has gone beyond reasonable
standards of courtesy in his or her remarks and to entertain
and rule on objections from other members on this ground;
3. To entertain and answer questions of parliamentary law or
procedure;
4. To call a brief recess at any time;
5. To adjourn in an emergency.
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.
20 27
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
there is no vice-chair, or if both the chair and vice-chair are
absent,the 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 chair's 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 chair's 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 officer's decisions on motions, decorum in de-
bate and most other procedural matters.
There are two exceptions to this right of appeal. A chair or
other presiding officer may adjourn without the board's 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"clear the
air"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.
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 rule
is designed to ensure evenhanded treatment to both sides dur-
ing a heated debate.Ordinarily the chair should call on the vice-
chair to preside if he or she finds it necessary to step aside.
Rule 13. Action by the Board. The board shall proceed by mo-
tion. Any member, including the chair, may make a motion. If two
or more Commissioners speak at the same time to make a motion
(or second), the chair shall determine, for purposes of recording
action for the minutes, which name the clerk shall use.
21 28
Comment: The chair may make motions,or the chair may in-
vite another member to make a motion by saying"The chair
will entertain a motion that..."
Rule 14. Second Required. A motion shall require a second,
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.
Rule 15. One Motion at a Time. A member may make only
one motion at a time.
Rule 16. Substantive Motion. A substantive motion is out of
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.
Robert's Rules of Order does not refer to substantive motions
as such; instead it uses such adjectives as "main" or "princi-
pal."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 board's legal
powers,duties,and responsibilities. Indeed,since Rule 13 pro-
vides that the board shall proceed by motion,the substantive
motion is the board's exclusive mode of action.The procedural
motions detailed in the following rules set forth the board's
various options in disposing of substantive motions.
Rule 17. Adoption by Majority Vote. A motion shall be
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.
22 29
Rule 18. Debate.The chair shall state the motion and then open
the floor to debate, presiding over the debate according to these
general principles:
1. The member making the motion or introducing the ordinance,
resolution,or order is entitled to speak first.
2. A member who has not spoken on the issue shall be recog-
nized before someone who has already spoken.
3. To the extent possible, the debate shall alternate between
opponents and proponents of the measure.
Rule 19. Procedural Motions. (a) In addition to substantive
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 Robert's Rules of
Order.Each procedural motion in Robert's Rules of Order was re-
viewed to determine whether it was appropriate for use by a small
board; substantial modifications and deletions were the result.
The following enumeration of procedural motions is exhaustive;if a
procedural option is not on the list,it is not available.
(b) In order of priority (if applicable), the procedural motions are:
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
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.
1. To Appeal a Procedural Ruling of the Presiding Officer. A
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
23 30
such a decision is announced and at no other time. The mem-
ber making the motion need not be recognized by the presid-
ing 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 officer's decision
is announced, so this motion is accorded the highest priority.
See Rule 11 and its comment for further discussion of this mo-
tion.
2. To Adjourn. The motion may be made at the conclusion of
action on a pending matter; it may not interrupt delibera-
tion of a pending matter.
Comment:This motion differs from the Robert's Rules of Order
motion in several respects. In Robert's Rules of Order,it is not
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: Robert's Rules of Order does not allow debate on
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 Robert's Rules of Order,the motion is
in order at any time. Note that under Rule 11, the chair also
has the power to call a brief recess.
4. To Call to Follow the Agenda. The motion must be made at
the first reasonable opportunity or it is waived.
Comment:This motion differs from the call for the orders of the
day in Robert's Rules of Order:it may be debated and must be
made when an item of business that deviates from the agenda is
proposed or the right to insist on following the agenda is waived
for that item.
24 31
5. To Suspend the Rules.The motion requires a vote equal to a quorum.
Comment:This motion differs from Robert's Rules of Order in
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 some-
thing that it may legally do but cannot without violating its
own rules.The procedure will pose some problems for a three-
member board, as it can be used to prevent one member from
participating in the board's deliberations. Frequent use of
the motion to prevent one member from presenting propos-
als to the board or from speaking on an issue before the board
is of doubtful legality. A three-member board may decide to
require 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 Robert's Rules of Order
except that it is debatable.
7. To Defer Consideration. The board may defer a substantive
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 Robert's Rules of Order, was renamed to avoid
confusion. It allows the board temporarily to defer consider-
ation of a proposal. It differs from Robert's Rules of Order in
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
(via a motion to revive consideration) within one hundred days
of the vote to defer consideration. (In Robert's Rules of Order a
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 the
time within which a proposed ordinance must be enacted(see
Rule 27).
8. To Call the Previous Question. The motion is not in order
until there has been a debate and every member has had
one opportunity to speak.
25 32
Comment:This motion differs from the motion in Robert's Rules
of Order. The Robert's Rules of Order motion is always in 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.
10. To Refer a Motion to a Committee. The board may vote to refer
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 Robert's Rules of Order except that the
introducer's 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.
11. To Amend. An amendment to a motion must be pertinent
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
26 33
regarded as a vote on the motion as amended if that is deter-
mined to be the intent of the board.
Comment: This motion is identical to the motion of the same
name in Robert's Rules of Order except for the requirement
for written amendments to proposed ordinances.
12. To Revive Consideration. The motion is in order at any time
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 Robert's Rules of Order and was renamed in order to avoid
confusion. This motion may be debated and amended;the motion
in Robert's Rules of Order may not.If the motion to revive consid-
eration is not successful within 100 days of the original deferral
date,the substantive motion expires. The subject matter of the
motion may be brought forward again by a new motion.
13. To Reconsider. The board may vote to reconsider its action
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 "nos" prevail) and only at the
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.
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.
27 34
Comment: According to Robert's Rules of Order, the motion
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
requirements of North Carolina Law.
14. To Prevent Reconsideration for Six Months. The motion shall
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 member's
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.
Rule 20. Renewal of Motion. A defeated motion may not be
renewed at the same meeting.
Rule 21. Withdrawal of Motion.A motion may be withdrawn
by the introducer at any time before it is amended or before
the chair puts the motion to a vote, whichever occurs first.
Comment:Robert's Rules of Order provides that once a motion
has been stated by the chair for debate,it cannot be withdrawn
without the assembly's consent. Such a procedure is unneces-
sary for a small board.
VII Quorum and Other Rules
Rule 22. Duty to Vote. It is the duty of each member 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
28 35
member who wishes to be excused from voting shall so inform the
chair, who shall take a vote of the remaining members. No mem-
ber shall be excused from voting except in cases involving con-
flicts of interest, as defined by the board or by law,or the member's
official conduct, as defined by the board. In all other cases, a
failure to vote by a member who is physically present in the meet-
ing, 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.
Rule 23. Prohibition of Secret Voting. No vote may be taken by
secret ballot. If the board decides to vote by written ballot, each
member shall sign his or her ballot and the minutes shall record
the vote of each member. These ballots shall be retained and made
available for public inspection until the minutes of that meeting
have been approved, at which time they may be destroyed.
Comment: See G.S. 143-318.13(b)
Rule 24. Action by Reference. The board shall not deliber-
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.
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 meeting
at which it is on the agenda and actually considered by the board and its
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 by
unanimous vote. The definition of introduction therefore is im-
29 36
portant because it makes a difference in the number of votes
required to adopt an ordinance. The rule assumes that a mea-
sure 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 ordinance
or any action with the effect of an ordinance, or any ordinance
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 members 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 meet-
ing 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 a
particular state of fact or circumstance.
Comment: See G.S. 153A-45. See also G.S. 153A-46 for re-
quirements for granting franchises.
Rule 27. Quorum. A majority of the board membership shall
constitute a quorum. The number required for a quorum is
not affected by vacancies. If a member has withdrawn from a
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 is
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,
30 37
it should give the absent members notice that their attendance
is required by the majority and may be compelled in this man-
ner.
Rule 28.Public Hearings.Public hearings required by law or deemed
advisable by the board shall be advertised per legal requirements
and staff shall set forth the subject, date,place, and time of the hear-
ing 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 call the hearing to order and pre-
side over it.When the allotted time expires, or earlier, if no one wishes
to speak who has not done so, the presiding officer shall entertain or
make a motion to end the hearing or adjourn the public hearing to
another board meeting, or vote on the item. The board shall thereaf-
ter 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.
Rule 29. Quorum at Public Hearings. A quorum of the board
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 quorum
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 could
be held at several different sites, with a few members at each
site.
Rule 30. Minutes. Minutes shall be kept of all board meetings.
Minutes will be presented to the board on the regular meeting
agenda. Substantive changes, including changes in content, will be
made in open session. Other changes may be provided to the clerk.
The exact wording of each motion and the results of each vote shall
be recorded in the minutes. On the request of any board member
the board shall be polled by name on any vote.
31 38
Minutes of closed sessions will be presented to the board during 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 "to
prevent the disclosure of information that is made privileged or
confidential by G.S. 143-318.10(e)."
Minutes and general accounts of closed sessions shall be consid-
ered sealed automatically. Closed session records shall be un-
sealed by board action if and when the closed session's purpose
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-
missioners,second edition, revised,by Joseph S. Ferrell(Chapel
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 inspection
would frustrate the purpose of the closed session.
Rule 31. Appointments. The board shall make appointments
to covered advisory boards and committees as provided in the Or-
ange County Board of County Commissioners Advisory Board
Policy and associated board-specific policies and as that Policy
and associated policies may be amended from time to time.
Rule 32. Amendment of the Rules. These rules may be
amended at any regular meeting or at any properly called spe-
cial meeting that includes amendment of the rules as one of
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 that
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.
Rule 33. Reference to Robert's Rules of Order. To the ex-
tent not provided for in, and not conflicting with the spirit of,
these rules, the chair shall refer to Robert's Rules of Order to
resolve procedural questions.
32 39
Comment: Robert's Rules of Order was designed to govern a
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 Robert's Rules of Order to meet the needs of
small governing boards.
Rule 34. The Clerk to the Board shall be the Sole County
Officer Responsible for Presenting Documents to the
Chair for Signature. The clerk shall review all such docu-
ments with the county manager and county attorney before they
are presented to the chair for execution.
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 spokes-
person. 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 des-
ignate a board representative to speak at events where a
speaker has been requested to represent the BOCC.