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(A) Once a member is physically present at a Council meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused from voting in accordance with division (B) below or has been allowed to withdraw from the meeting in accordance with division (C) below.
(B) A member may be excused from voting on a particular issue by majority vote of the remaining members present if the matter at issue involved that member's own financial interest or official conduct.
(C) A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.
(D) A motion to allow a member to be excused from voting or excused from the remainder of the meeting is only in order if made by or at the initiative of the member directly affected.
(E) A roll call vote shall be taken upon the request of any member.
(F) When this chapter specifies that action shall be taken by majority vote or fails to specify the vote required, that shall be interpreted to mean a vote of the majority of those present and not excused from voting.
(G) When a 2/3 vote is required, that shall be interpreted to mean a vote of 2/3 of those present and not excused from voting.
(H) When a vote of a certain percentage of the Council membership is required, that shall be interpreted to mean the specified percentage of all seats on the Council, excluding vacant seats.
(1981 Code, § 2-12)
(A) An affirmative vote equal to a majority of all the members of the Council not excused from voting on the question in issue (including the Mayor's vote in case of an equal division) shall be required to adopt an ordinance or take any action having the effect of an ordinance.
(B) Subject to the provisions of G.S. Ch. 159 (Local Government Finance), no ordinance nor any action having the effect of any ordinance may be finally adopted on the date on which it is introduced except by an affirmative vote equal to or greater than 2/3 of the Council membership.
(C) When an ordinance requires a public hearing, the ordinance shall be considered introduced at the meeting when the Council sets a date for the public hearing.
(D) Franchise ordinances and amendments shall not be finally adopted until passed at 2 regular meetings of the Council.
(1981 Code, § 2-13)
(A) The Council may hold executive sessions in accordance with the Open Meetings Law (G.S. Ch. 143, Art. 33C) and other provisions of law.
(B) The Council shall commence an executive session by a majority vote to do so and shall terminate an executive session in the same manner. Tape recordings and minutes shall be kept of all executive sessions.
(C) The tape recordings shall be retained for a period of 3 years, and the minutes shall be retained with the town's permanent records.
(D) The tape recordings and minutes shall be kept under lock and key; provided, the recordings or minutes may be made available for public inspection upon the majority vote of a quorum of the Town Council.
(1981 Code, § 2-14)
(A) Public hearings required by law or deemed advisable by the Council shall be scheduled pursuant to a motion adopted by a majority vote setting forth the subject, date, place and time of the hearing as well as any rules regarding the length of time of each speaker and other matters regarding the conduct of the hearing.
(B) At the appointed time the Mayor shall call the hearing to order and then preside over it.
(C) Upon the expiration of the allotted time, or when there are no individuals who wish to speak who have not done so, the Mayor shall declare the hearing ended.
(D) A quorum of the Council shall be required at all public hearings required by state law.
(1981 Code, § 2-15)
MOTIONS
(A) A SUBSTANTIVE MOTION is a motion that seeks to have the Council exercise any of its powers, duties or responsibilities.
(B) A MOTION TO AMEND A SUBSTANTIVE MOTION is also a substantive motion. A substantive motion, other than to amend, is out of order while another substantive motion is pending.
(C) A PROCEDURAL MOTION is a motion that relates either to the manner in which the Council conducts its business in general or the manner in which the Council deals with a particular substantive issue or substantive motion that is before it.
(D) Unless otherwise specifically provided, all motions authorized by this subchapter may be amended and debated.
(1981 Code, § 2-21)
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