(A) Rule 1. Applicability of Rules. These rules apply to all meetings of the Board of Commissioners at which the Board is empowered to exercise any of the executive, quasi-judicial, administrative or legislative powers conferred on it by law.
(B) Rule 2. Meetings to be Open.
(1) It is the public policy of North Carolina and Dare County that the hearings, deliberations and actions of the Board and its committees be conducted openly.
(2) Except as otherwise provided in these rules and in accordance with applicable law, each official meeting of the Board of Commissioners shall be open to the public and any person is entitled to attend the meeting.
(3) For the purposes of the provisions of these rules concerning open meetings, an official meeting of the Board is defined as any gathering together at any time or place or the simultaneous communication by conference telephone or other electronic means of a majority of Board members for the purpose of conducting hearings, participating in deliberations or voting upon or otherwise transacting public business within the jurisdiction, real or apparent, of the Board.
(C) Rule 3. Closed Sessions.
(1) Notwithstanding the provisions of Rule 2 (division (B)) above, the Board may hold a closed session and exclude the public under the following circumstances and no others:
(a) To prevent the disclosure of information that is privileged or confidential pursuant to the law of this state or of the United States, or is not considered a public record within the meaning of G.S. Ch. 132;
(b) To consult with the County Attorney or another attorney employed or retained by the county in order to preserve the attorney-client privilege;
(c) To discuss matters relating to the location or expansion of industries or other businesses in the county;
(d) To consider and take action with respect to the position to be taken by the county in negotiating the price or other material terms of an agreement for the acquisition or lease of real property;
(e) To consider the initial employment or appointment of an individual to any office or position, other than a vacancy in the Board of Commissioners or any other public body, and to consider the qualifications, competence, performance, character and fitness of any public officer or employee, other than a member of the Board of Commissioners or of some other public body;
(f) To hear or investigate a charge or complaint by or against an individual public officer or employee; and
(g) To plan, conduct or hear reports concerning investigations of alleged criminal misconduct.
(2) The Board may go into closed session only upon motion made and adopted at an open meeting. A motion to go into closed session must cite one or more of the permissible purposes listed in § 30.02(C)(1) above. In addition a motion to go into closed session pursuant to § 30.02(C)(1)(a) above must state the name or citation of the law that renders the information to be discussed privileged or confidential, and a motion to go into closed session pursuant to § 30.02(C)(1)(b) above must identify the parties in each existing lawsuit, if any, concerning which the Board expects to receive advice during the closed session.
(3) Unless the motion to go into closed session provides otherwise, the County Manager, County Attorney and Clerk to the Board may attend the closed session. No other person may attend the closed session unless specifically invited by the majority vote of the Board.
(D) Rule 4. Organizational Meeting.
(1) Even-numbered years. The Board shall hold an organizational meeting at its regular meeting place at 9:00 a.m. on the first Monday in December of each even-numbered year. The agenda for this organizational meeting shall be limited to induction of newly elected members of the Board of County Commissioners and other elected county officials and organization of the Board for the ensuing year. The organizational meeting shall be convened and concluded before the regular December meeting is convened. The Clerk of the Board of Commissioners shall call the meeting to order and shall preside until a chair is elected. If they have not already been sworn and inducted into office, the newly elected members of the Board shall take and subscribe the oath of office as the first order of business. As the second order, the Board shall elect a chair and vice-chair from among its members. As the third order, the Board shall approve the bonds of any newly elected Sheriff or Register of Deeds.
(2) Odd-numbered years. At the first regular meeting in December of each odd-numbered year, the first order of business shall be election of the chair and vice-chair for the ensuing year.
(E) Rule 5. Election of the Chair. The Chair of the Board shall be elected for a term of 1 year and shall not be removed from the office of chair unless he or she becomes disqualified to serve as a member of the Board.
(F) Rule 6. Regular and Special Meetings.
(1) Regular meetings. The Board shall hold a regular meeting on the first and third Monday of each month. If a regular meeting day is a holiday on which county offices are closed, the meeting shall be held on the next business day or such succeeding day as may be specified in the motion adjourning the immediately preceding regular meeting. Regular meetings shall be held at the Administrative Annex located at 204 Ananias Dare Street, Manteo, North Carolina and shall begin at 9:00 a.m. The Board may change the place or time of a particular regular meeting or all regular meetings within a specified time period by resolution adopted, posted and noticed no less than 7 days before the change takes effect. Such a resolution shall be filed with the Clerk to the Board and posted at or near the regular meeting place, and copies shall be sent to all persons who have requested notice of special meetings of the Board.
(2) 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 door of the regular 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 delivered to individual persons and news media organizations who have requested such notice as provided in § 30.02(F)(4). Only those items of business specified in the notice may be transacted at a special meeting.
(3) Emergency meetings. If a special meeting is called to deal with an unexpected circumstance that requires immediate consideration by the Board, the notice requirements of this rule do not apply. However, the person or persons who call an emergency meeting shall take reasonable action to inform the other members and the public of the meeting. Local news organizations who have requested notice of special meetings as provided in § 30.02(F)(4), shall be notified of such emergency meetings by the same method used to notify Board members. Only business connected with the emergency may be discussed at the meeting.
(4) Sunshine list. Any individual person and any newspaper, wire service, radio station and television station may file with the Clerk of the Board of Commissioners a written request for notice of all special meetings of the Board. Requests made by news media organizations and individuals must be renewed annually on or before June 30 and are not subject to any fee.
(5) Work sessions and committee meetings.
(a) The Board may schedule work sessions, committee meetings or other informal meetings of the Board or a majority of the members of the Board at such times and with respect to such subject matter as may be established by resolution 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 on a regular schedule are subject to the same notice requirements as special Board meetings.
(b) Unofficial meetings, i.e. meetings with less than a majority of Board members, are not subject to any notice requirement. However, if at any such unofficial meeting, other Board members attend in any capacity and there becomes a majority of Board members present, then the meeting becomes an official meeting and is subject to notice requirements.
(G) Rule 7. All Meetings Within the County. All meetings shall be held within the boundaries of Dare County except as otherwise provided herein, or as otherwise allowed by the General Statutes of North Carolina.
(1) A joint meeting with the governing board of any other political subdivision of the 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, this Board reserves the right to vote separately on all matters coming before the joint meeting.
(2) A special meeting called for the purposes of considering and acting upon any order or resolution requesting members of the General Assembly representing all or any portion of the county to support or oppose any bill pending in the General Assembly or proposed for the introduction therein may be held in Raleigh or such other place as may be stated in the call of the meeting.
(H) Rule 8. Broadcasting and Recording Meetings.
(1) Except as provided in this rule, any radio or television station is entitled to broadcast all or any part of an official meeting of the Board that is required to be open to the public. Any person may photograph, film, tape-record or otherwise reproduce any part of a meeting required to be open.
(2) Any radio or television station wishing to broadcast or record for broadcast any portion of an official meeting of the Board shall so notify the County Manager no later than 24 hours before the meeting unless waived by the County Manager. If the number of requests or the quantity and size of the necessary equipment is such that the meeting cannot be accommodated in the designated meeting room and no suitable alternative site is available, the County Manager may require the news media to pool equipment and personnel.
(I) Rule 9. Agenda.
(1) The Clerk of the Board shall prepare the agenda, subject to the approval of the Chairperson, for each regular, special and emergency meeting. A request to have an item of business placed on the agenda for a regular meeting must be received at least 2 working days, but preferably 6 working days, before the meeting. Any Board member may request that an item be placed on the agenda.
(2) The agenda packet shall include the agenda document, any proposed ordinances or amendments to ordinances and supporting documentation and background information relevant to items on the agenda. A copy of the agenda packet shall be delivered to each member of the Board at least 24 hours, but preferably 2 working days, before the meeting. Documents in the agenda packet, if not previously available for public inspection, shall become so when packets have been delivered to each Board member or left at his or her usual dwelling.
(3) The Board may, by majority vote, add an item that is not on the agenda.
(4) If a non-agenda request for funding is made during the conduct of business at a regular meeting, or by a Commissioner when speaking under the agenda section “Commissioners’ Business,” such request will be tabled and set out as an agenda item at the next regular meeting of the Board. However, if the matter is time-sensitive or of an emergency nature, by a majority vote of the Board, the request may be debated and voted on at the meeting when it is introduced. Items requesting funding which are on the regular agenda, with supporting documentation, will be considered, debated and voted on as scheduled on the agenda.
(J) Rule 10. Informal Public Comments. The Clerk to the Board shall include on the agenda of each regular meeting a period for comments from members of the public in attendance. The Chair or his or her designee will first recognize individuals or groups who have made a prior appointment to be heard, and then may recognize others. The Chair may specify the time allotted to each speaker.
(K) Rule 11. Order of Business. At regular meetings, the Board shall proceed with business by following the agenda which was disseminated and published in the newspaper prior to the meeting. Without objection, the Chair may call items in any order most convenient for the dispatch of business.
(L) Rule 12. Powers of the Chair. The Chair shall preside at all meetings of the Board. A member must be recognized by the chair in order to address the Board. The Chair shall have the following powers:
(1) To rule on points or parliamentary procedure, including the right to rule out of order any motion patently offered for obstructive 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 call a brief recess at any time; and
(4) To adjourn in an emergency.
(M) Rule 13. Presiding Officer When the Chair is in Active Debate. If the Chair wishes to present a particular proposal, he or she shall designate another Board member or staff member to preside. The Chair shall resume the duty to preside as soon as action on the matter is concluded.
(N) Rule 14. Action by the Board. The Board shall proceed by motion. Any member, except the Chair, may make a motion. The Chair may invite another member to make a motion by saying “The Chair will entertain a motion that...”
(O) Rule 15. Second Required. A motion shall require a second.
(P) Rule 16. One Motion at a Time. A member may make only 1 motion at a time.
(Q) Rule 17. Substantive Motion. A substantive motion is out of order while another substantive motion is pending.
(R) Rule 18. 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 under these rules or the laws of North Carolina.
(S) Rule 19. 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 recognized before someone who has already spoken.
(3) To the extent possible, the debate shall alternate between opponents and proponents of the measure.
(4) The number of times each member may debate a given motion may, at the Chair’s discretion, be limited.
(T) Rule 20. Procedural Motions.
(1) In addition to substantive proposals, the procedural motions listed in § 30.02(T)(2) below, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority vote for adoption.
(2) With no order of priority, the procedural motions are:
(a) To adjourn; (The motion may be made only at the conclusion of action on a pending matter. It may not interrupt deliberation of a pending matter.)
(b) To take a recess;
(c) To call to follow the agenda; (The motion must be made at the first reasonable opportunity or it is waived.)
(d) To suspend the rules; (The motion requires a vote equal to a quorum.)
(e) To divide a complex motion and consider it by paragraph;
(f) To defer consideration; (A motion to defer consideration of a substantive motion must specify the date on or before which the motion is to be brought back to the Board. The date shall not be longer than 100 days.)
(g) To call the previous question; (The motion is not in order until each member has had at least 1 opportunity to speak.)
(h) To postpone to a certain time or day;
(i) To refer to committee; (A motion to refer to committee shall specify the date by which the committee must report back to the Board the status and/or action taken on the referred proposal.)
(j) To amend; (An amendment to a motion must be germane to the subject of the motion, but it may not achieve the opposite effect of the motion. There may be an amendment to the motion and an amendment to an amendment, but no further amendments.)
(k) To revive consideration; (The motion is in order at any time within 100 days of a vote deferring consideration of it.)
(l) To reconsider; and (The motion must be made at the same meeting at which the original vote was taken and by a member who voted with the prevailing side. The motion cannot interrupt deliberation on a pending matter but is in order at any time before adjournment.)
(m) To prevent reconsideration for 3 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 3 months or until the next regular election of County Commissioners, whichever occurs first.
(U) Rule 21. Renewal of Motion. A defeated motion may not be renewed at the same meeting.
(V) Rule 22. Withdrawal of Motion. A motion may be withdrawn by the introducer at any time before the Chair puts the motion to a vote.
(W) Rule 23. Duty to Vote. When in attendance at a meeting, it is the duty of each member to vote unless excused by a majority vote according to law. Abstention from voting shall not be allowed under these rules. The Board may excuse members from voting on matters involving their own financial interest or official conduct or on matters on which the member is prohibited from voting under G.S. § 14-234. A member who wishes to be excused from voting shall so inform the Chair, who shall take a vote of the remaining members. A member who fails to vote, not having been excused, shall be recorded as voting with the majority.
(X) Rule 24. 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.
(Y) Rule 25. Action by Reference. The Board shall not deliberate, vote or otherwise take action upon any matter by reference to a letter, number or other designation, or other secret device or method, with the intention of making it impossible for persons attending a meeting of the public body to understand what is being deliberated, voted or acted upon. However, this does not prohibit a public body from deliberating, voting or otherwise taking action by reference to an agenda, if copies of the agenda, sufficiently worded to enable the public to understand what is being deliberated, voted or acted upon are available for public inspection at the meeting.
(Z) Rule 26. Introduction of Ordinances, Resolutions and Orders. A proposed ordinance shall be deemed introduced at the first meeting at which it is on the agenda regardless of whether it is actually considered by the Board and its introduction shall be recorded in the minutes.
(AA) Rule 27. Adoption, Amendment or Repeal of Ordinances. To be adopted at the meeting when 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 another 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 the members of the Board, or if the measure is not voted on at the meeting where introduced, it shall be considered at the next regular meeting of the Board. If the proposal receives a majority of the votes cast at the next meeting, it is adopted.
(BB) Rule 28. 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 remaining 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.
(CC) Rule 29. Public Hearings. Public hearings required by law or deemed advisable by the Board shall be organized by a special order, adopted by a majority vote, setting forth the subject, date, place and time of the hearing. The Board may publish rules regarding the length of time allotted to each speaker and designating representatives to speak for large groups. At the appointed time, the Chair or his or her designee shall call the hearing to order and preside over it. When the allotted time expires, the Chair shall declare the hearing ended and the Board shall resume the regular order of business.
(DD) Rule 30. Quorum at Public Hearings. A quorum of the Board shall be required at all public hearing required by law.
(EE) Rule 31. Minutes. Minutes shall be kept of all Board meetings.
(FF) Rule 32. Appointments. The Board shall use the following procedure to make appointments to fill vacancies in boards and public offices over which the board has power of appointment. The Chair shall open the floor to nominations, whereupon the members shall put forward and debate names of possible appointees. When debate ends, the Chair shall call the roll of the members and each Board member shall vote for no more nominees than the number of seats available. The votes shall not be tallied until each member has had the opportunity to vote. Nominees receiving the highest number of votes will be appointed, provided they receive a majority of the votes.
(GG) Rule 33. Reference to Robert’s Rules of Order. To the extent 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.
(Prior Code, § 30.02) (Ord. passed 5-5-1997; Am. Ord. passed 2-2-1998; Am. Ord. passed 2-4-2004)
Statutory reference:
Meetings of public bodies, see G.S. §§ 143-318.9 et seq.