February 13 RetreatPERSON COUNTY BOARD OF COMMISSIONERS February 13, 2007
MEMBERS PRESENT OTHERS PRESENT
Johnny Myrl Lunsford, Chairman Steve Carpenter, County Manager
Jimmy B. Clayton, Vice-Chairman C. Ronald Aycock, County Attorney
Kyle W. Puryear Faye T. Fuller, Clerk to the Board
Larry H. Bowes
Larry E. Yarborough, Jr.
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The Board of Commissioners for the County of Person, North Carolina, met in recessed
session on Tuesday, February 13, 2007 at 9:00 a.m. at Tricia’s Expresso in a Board retreat.
County Manager Carpenter welcomed everyone. He explained the format for the day
would include discussion of the projections for the FY 07-08 budget, a fleet management
program, a change for EMS salary implementation, and CodeRED.
Mr. Carpenter also explained that County Attorney Ron Aycock has prepared a final
draft of the RULES OF PROCEDURE and would review the entire document for Board
clarification and discussion.
CodeRED: CodeRED is a high speed outbound notification system or a reverse 9-1-1 caller.
The school system has expressed an interest in the system. The system would provide the ability
to deliver customized, pre-recorded emergency messages at a rate of up to 60,000 calls per hour.
The cost would be $15,000 annually for 50,000 minutes of calls or .30 cent per call which are
billed in six second increments.
Emergency Services Director Michael Day stated he would look at previous incidents in
an effort to determine if this system would have been useful. Commissioner Clayton indicated
that it will be discussed at the next LEPC meeting.
DISCUSSION OF EMS SALARY IMPLEMENTATION:
County Manager Carpenter and Emergency Services Director Michael Day discussed a
proposed change to the Emergency Medical Services staffing. The change would be in
compliance with FLSA regulations, and would adjust shifts to minimize overtime requirements,
but would increase the number of personnel and equipment to manage the increase in demand for
service. Payment for overtime would commence in February 2007. Cost for implementation of
that balance of FY 06-07 would be $131,000.
ES Director Day proposed a shift from the existing 24/48 schedule to a 24/72 hour
schedule effective July 1, 2007. He estimated a monthly cost of this change to be $47,000 less
some anticipated overtime. He further estimated a cost of $9,500 for items such as uniforms,
shoes, etc.
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Mr. Day further stated that due to increasing calls and transports, he anticipates in the
near future the need for another ambulance and crew on each shift. The annual cost of this will
be $316,512 for eight paramedics, $12,396 for uniforms, and $23,000 to equip the fourth vehicle.
The Board agreed it was timely to move to a 24/72 hour schedule.
BUDGET ISSUES:
Finance Director Andy Davenport reviewed revenue predictions, sales tax projections
and collections, Governmental Fund Revenues, Expenditures and Fund Balance. The tax
collection rate is expected to be higher than last year.
CAPITAL IMPROVEMENT PLAN = 5 YEAR PROJECTION
Assistant Finance Director Amy Wehrenberg reviewed the 5-year Capital Improvement
Plan.
County Manager Carpenter discussed county projects which included:
Airport (wish list)– T-hangar, taxiway, ALS, GPS approach system, HVAC
system, self pump tanks, second hangar need (per pilots), overall master plan,
property acquisition,
Parks & Recreation: Helena gym renovation, (project needs immediate attention)
Old Mental Health Building – several agencies have expressed interest in
occupancy
Human Services Building – OPC will continue to provide Employee Assistance
Plan
Person County Office Building – need for replacement windows, carpet
replacement w/ asbestos removal - Shifting of some offices when Board of
Elections moves out
ASCS- wants a contract; rental rates have been obtained; rates delivered to ASCS
Director
Old DSS Bldg – in use by Parks & Recreation and PCC; not determined a
permanent use
Mayo Environmental Center – if grant is awarded and approved construction will
be a winter/spring project; discussed related labor increases
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Public Works Department – vacancies will be filled when Old HD/BOE/IT move
takes place
Courthouse - design work on top floor may be in next year
Kirby Gallery– curtains, no work upstairs in building
Courtroom – new benches
24 Court Street - (Dolian Harris bldg) – rental rate to be renegotiated in near
future – 20 year agreement
Additional Personnel: EMS, - need for a billing clerk discussed – Home Health &
Hospice-additional billing clerk; - customer service representative when move to Old HD
building; Law Enforcement – plans to ask for additional administrative personnel – concern for
control of evidence
UPDATE ON STATE ISSUES:
County Manager Carpenter discussed issues on state level and issues before the General
Assembly this year.
FLEET MANAGEMENT PLAN:
Assistant County Manager/Engineer Paul Bailey told the Board that he and Public Works
Director David Rogers reviewed the county’s present method of providing maintenance for
Person County’s vehicles and establishing a county department to centralize this function. He
said, however, it was determined that a centralized Fleet Management Program would save
county money and provide better service for users of the county vehicles. During his analysis it
was shown that Person County is paying insurance on 147 vehicles and that 39 of those vehicles
are ten years or more old.
The Fleet Management Program would have the following functions:
1. Purchase vehicles and coordinate inventories.
2. Sell surplus vehicles
3. Inspect vehicles
4. Analyze vehicle problems, make repairs or contract
5. Provide spare vehicles
6. Schedule repairs and maintenance
Mr. Bailey further stated that centralized purchasing of vehicles would allow time for
research into which vehicles are the best buy for the life of the vehicle, and at what age the
vehicle should be replaced. By purchasing on State Contract, it is possible to replace some
vehicles that are two or three years old at less than the amortized cost of replacement.
All vehicle maintenance could be scheduled through the Fleet Management Program.
This would allow a knowledgeable person to analyze problems, make some repairs, contract and
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schedule other repairs. A few spare vehicles could be dept and provided when a vehicle is out of
service.
This concept would require one to one and one half positions.
It was Board consensus to include the Fleet Management Program as a function in the 07-
08 budget for consideration.
RULES OF PROCEDURE:
County Attorney Ron Aycock reviewed the Board’s current Rules of Procedure. He
discussed clarifications made to the current Rules. The Board interacted with questions relative
to various rules for a clearing understanding of each rule. After a complete review with
suggested revisions, a motion was made by Commissioner Clayton, seconded by Commissioner
Bowes and carried to adopt the Rules of Procedure as presented with deletion of Rule 32
(Appointments) which will be brought back to the Board at a later date as a separate document
for approval.
Person County Board of Commissioners
Rules of Procedure
Note: “Comments are included in these Rules to provide statutory citations, further context and texture to these Rules.
Adoption Date: February 13, 2007
I. Applicability
Rule 1. Applicability of Rules
These rules apply to all meetings of the Board of Commissioners of Person County at which the board is empowered to exercise
any of the executive, quasi-judicial, 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 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
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Rule 2. Meetings to Be Open
(a) It is the public policy of North Carolina and of Person County that the hearings, deliberations, and actions of this board and
its committees be conducted openly.
(b) Except as otherwise provided in these rules and in accordance with applicable law, each official meeting of the Person
County Board of Commissioners shall be open to the public and any person is entitled to attend such a 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 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.
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 constitute 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 and exclude the public under the following
circumstances and no others:
1. 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 Chapter 132 of the General Statutes.
Comment: See G.S. 143-318.11(a)(1).
2. To consult with the county attorney or another attorney employed or retained by the county in order to preserve the
attorney-client privilege.
Comment: See G.S. 143-318.11(a)(2). The statute provides that general policy matters may not
be discussed in a session closed in order to consult with the county attorney, and the mere fact
that the county attorney is participating in a board meeting is not grounds to close the meeting.
The statute further provides that the board may consider and give instructions to the attorney
concerning handling or settlement of any pending litigation or other matter in controversy, but the
terms of any settlement (other than a malpractice claim against a public hospital) must be
reported to the board of commissioners and entered in the minutes “as soon as possible within a
reasonable time” after the settlement is concluded.
3. To discuss matters relating to the location or expansion of industries or other businesses in the county.
Comment: See G.S. 143-318.11(a)(4).
4. 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.
Comment: See G.S. 143-318.11 (a)(5). The statute does not permit a closed session to discuss
negotiations for purchase or lease of personal property.
5. To consider and take action with respect to the position to be taken by the county in negotiating the amount of
compensation or other material terms of an employment contract.
Comment: See G.S. 143-318.11(a)(5).
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6. To consider the initial employment or appointment of an individual to any office or position, other than a vacancy in
the board of county 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.
Comment: See G.S. 143-318.11(a)(6). Final action on appointments and discharges must be
taken in open session. The statute specifically prohibits discussing general personnel policy
issues in closed session. It also prohibits discussion in closed session of removing from office a
member of the board of commissioners or any other public body. This prohibition does not
preclude discussion of removing from office an individual officer or employee who is not a
member of a “public body.”
7. To hear or investigate a charge or complaint by or against an individual public officer or employee.
Comment: See G.S. 143-318.11(a)(6). Final action discharging an employee or removing an
official from office must be taken in open session.
8. To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct.
Comment: See G.S. 143-318.11(a)(7).
(b) 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 subsection (a) of this rule. In addition, a motion to go into
closed session pursuant to Rule 3(a)(1) 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 Rule 3(a)(2) must identify the parties in each
existing lawsuit, if any, concerning which the board expects to receive advice during the closed session.
Comment: See G.S. 143-318.11(c).
(c) 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 majority vote of the
board.
Comment: The Open Meetings Law does not address this point. Although they have no legal
right to attend a closed session, the manager, attorney, and clerk to the board are officers of the
board itself and most boards will want them present at all meetings. All other persons should be
excluded unless their presence is reasonably necessary to facilitate the board’s deliberations on
the matter before it.
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III. Organization of the Board
Rule 4. Organizational Meeting
(a) Even-numbered Years. The board shall hold an organizational meeting at its regular meeting place at 6:30 P.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 county attorney shall call the meeting to order and shall preside until a chair and vice chair are 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 the sheriff, and the register of deeds, and induct them and
any other newly elected county officials into office.
(b) Odd-numbered Years. At the first regular meeting in December of each off-numbered year, the first order of business shall
be approval of minutes of the previous meeting. The second order of business shall be election of the chair and vice-chair for the
ensuing year. The third and fourth orders of business may be appointment of the clerk and county attorney.
Comment: This rule requires an organizational meeting in even numbered years to be followed
by a regular meeting.
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), and
G.S. 162-9 (for the sheriff) 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 written 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 organizational meeting may take and subscribe the oath
later.
Rule 5. Election of the Chair and Vice Chair
The chair of the board shall be elected annually for a term of one 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. The vice chair shall also be elected annually for a term of one
year.
Comment: G.S. 153A-39 provides for the election of a chair and states that he or she is chosen
“for the ensuing year.”
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IV. Regular and Special Meetings
Rule 6. Regular and Special Meetings
(a) Regular Meetings. The board shall hold a regular meeting on the first and third Monday of each month or such other dates
as set out in a schedule of meetings adopted by the board. 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 days as may be specified in the motion adjourning
the immediately preceding regular meeting. Regular meetings shall be held at Person County Office Building in the
Commissioner Room and shall begin at 7:00 P.M. on the first Monday of each month and at 9:00 A.M. on the third Monday of
each month or such other date and time as set out in the schedule of meetings adopted by the board. 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 seven 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.
Comment: See G.S. 143-318.12(b)(1) and G.S. 153A-40(a). Any permanent change in the
schedule of regular meetings must be adopted not later than ten days before the first meeting to
which the new schedule applies. Also, G.S. 153A-40 requires the board of county commissioners
to meet at least once a month. The notice requirements of the proposed rule are somewhat
broader than those required by law.
(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 bulletin board of the county or the door of the regular meeting
place if there is no principal bulletin board and delivered to the chair and all other board members or left a 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
person and news media organizations who have requested such notice as provided in subsection (d), 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.
Comment: See G.S. 153A-40(a) and G.S. 143-318.12(b)(2).
(c) 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 subsection (d), below, 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.
Comment: See G.S. 153A-40(b) and G.S. 143-318.12(b)(3).
(d) 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.
Comment: See G.S. 143-318.12(b)(2).
(e) Work Session and Committee Meetings. 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.
Comment: The Open Meetings Law requires that any “official 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 this rule embodies that principle. The rule goes beyond the Open Meetings Law
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in requiring a published schedule of work sessions or committee meetings held on a regular
basis.
G.S. 143-318.13(a) provides that if the board holds any regular, special, emergency, or other
official meeting by use of conference 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. All Meetings within the County
All meetings shall be held within the boundaries of Person County, except as otherwise provided for herein.
1. A joint meeting with the governing board of any other political 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, this board reserves the right to vote separately on all matters 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.
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. Remember, however, that such meetings are covered by the Open Meetings Law if a
majority of the board is present and “deliberates” on the public business.
Rule 8. Broadcasting and Recording Meetings
(a) 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 the meeting required to be open.
(b) Any radio or television station wishing to broadcast any portion of an official meeting of the board shall so notify the county
manager no later than twenty-four hours before the meeting. 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
in the county office building is available, the county manager may require the news media either to pool equipment and
personnel or to secure and pay the costs of an alternative meeting site that is mutually agreeable to the board and the media
representatives.
Comment: See G.S. 143-318.14. Notwithstanding the proposed rule, the board probably could
not exclude broadcast media reporters simply because they failed to give the suggested twenty-
four-hour notice.
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V. Agenda
Rule 9. Agenda
(a) The clerk to the board and county manager shall prepare the agenda 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 three working days
before the meeting. Any board member may, by a timely request, have an item placed on the agenda.
(b) 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
available at the Clerk’s office or delivered to each member of the board at least twenty-four hours 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.
(c) The board may, by majority vote, add an item 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 meeting
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.
The manager or the clerk may find it convenient to maintain a mailing list of interested parties
who wish to receive a copy of the agenda regularly.
Rule 10. Informal Public Comments
The clerk to the board shall include on the agenda of each regular meeting a period of ten minutes for comments or questions
from members of the public in attendance. The chair will first recognize individuals or groups who have made a prior
appointment to be heard, and then may recognize others, subject to available time. The chair may specify the time allotted to
each speaker. After the time set aside for informal public comments has expired, the chair will recognize further speakers only
upon motion duly made and adopted.
Comment: The board must set aside part of one meeting per month 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. See G.S. 153A-52.1.
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Rule 11. Order of Business
At regular meetings, the board shall proceed to business in the following order:
1. Scheduled public hearings.
2. Discussion/Adjustment/Approval of the agenda.
3. Informal public comments.
4. Approval of the minutes of the previous meeting.
5. Administrative reports.
6. Unfinished business.
7. New business.
8. Budget Amendments.
9. Chairman’s Report.
10. Manager’s Report.
11. Commissioner Reports/Comments.
12. Closed Session (if required).
Without objection, the chair may call items in any order most convenient for the dispatch of business.
Comment: As a matter of courtesy, by general consent, those items that require the participation
of nonmembers, such as members of the public and administrative officials, may be considered
first.
VI. Conduct of Debate
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 of 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;
4. To adjourn in an emergency.
Comment: This rule replaces the question of order and appeal in Robert’s Rules of Order
(hereinafter referred to as RRO). Here, the chair’s authority increases: his or her decisions
regarding decorum in debate and rules of parliamentary procedure are final and cannot be
appealed to the membership. In RRO, a recess can be taken only on a motion and vote by the
members. This rule gives the chair authority to declare a recess when necessary to “clear the air”
and thus hold friction among the members to a minimum.
Rule 13. 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 the vice chair or a
staff member or another board member to preside. The chair shall resume the duty to preside as soon as action on the matter is
concluded.
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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 during a heated debate. Ordinarily the chair should call on
the vice-chair to preside if he or she finds it necessary to step aside. If all board members want
to continue to actively participate in the debate, the clerk to the board or some other staff member
may be asked to preside temporarily.
Rule 14. Action by the Board
The board shall proceed by motion. Any member, including the chair, may make a motion.
Rule 15. Second Required For Substantive Motion
A second is required for a substantive motion.
Comment: The philosophy underlying the requirement of a second is that if a proposal is not
supported by at least two members, it is not worth the time it would take to consider the matter.
Rule 16. One Motion at a Time
A member may make only one motion at a time.
Rule 17. Substantive Motion
A substantive motion is out of order while another substantive motion is pending.
Comment: This rule sets forth the basic principle of parliamentary 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.
RRO does not refer to substantive motions as such; instead it uses such adjectives as “main” or
“principal.” Here, a substantive motion is any motion other than the procedural motions listed in
Rule 20. The possible subject matter of a substantive motion coextends with the board’s legal
powers, duties, and responsibilities. Indeed, since Rule 14 provides 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 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 by these rules or the laws of North Carolina.
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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. No member shall speak more than twice on a point in the main motion, nor longer than ten minutes for the first speech
and five minutes for the second speech; nor shall the member speak more than twice upon an amendment or
procedural motion and then not longer than five minutes for the first speech and two minutes for the second speech.
Comment: The fourth principle, above, is similar to Rule 10 of the North Carolina House of
Representatives. Not all boards will find it necessary or desirable to include this provision and
those that do should give careful consideration to the time limits.
Rule 20. Procedural Motions
(a) In addition to substantive proposals, the procedural motions listed in subsection (b) of this rule, and on others, shall be in
order. Unless otherwise noted, each motion requires a second, is debatable, may be amended, and requires a majority vote for
adoption.
Comment: This rule substantially departs from RRO. Each procedural motion in RRO was
reviewed 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 another substantive motion is pending,
several procedural motions can be entertained in succession without necessarily disposing 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 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.
Comment: This motion differs from the RRO motion in several respects. In RRO, 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
debate, 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.
2. To Take a Recess.
Comment: RRO 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 debate on the motion. As in
RRO, the motion is in order at any time. Note that under Rule 12, the chair also has the power to
call a brief recess.
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3. 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 RRO: 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.
4. To Suspend the Rules. The motion requires a vote equal to a quorum.
Comment: This motion differs from RRO in that it is debatable and amendable and the number
of necessary votes is a quorum rather than two thirds. Thus if a board has five members, three
members (a quorum) must vote for the motion; if only three members are present at a particular
meeting, all three must vote for the motion in order to adopt it. This motion is in order when the
board wishes to do something that it may legally do but cannot without violating its own rules.
The procedure will pose some problems for a three-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 proposals 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.
5. To Divide a Complex Motion and Consider It by Paragraph.
Comment: this motion is the same as the division of a question and consideration by paragraph
in RRO except that it is debatable.
6. To Defer Consideration. A substantive motion whose consideration has been deferred expires one hundred
days thereafter, unless a motion to revive consideration is adopted.
Comment: This motion, which replaces the motion to lay on the table in RRO, was renamed to
avoid confusion. It allows the board temporarily to defer consideration of a proposal. It differs
from RRO 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 RRO a motion laid on the table dies at the end of that
particular session of the assembly.) One hundred days is the suggested period of time for
deferring consideration because it is also the time within which a proposal ordinance must be
enacted (see Rule 27).
7. To Call the Previous Question. The motion is not in order until every member has had one opportunity to
speak.
Comment: This motion differs from the motion in RRO. The RRO motion is always in order, is
not debatable or amendable, and requires a two-thirds vote for adoption. Thus, it may be used to
end discussion of a proposal before every member has had an opportunity to speak. Such a
device may be necessary to preserve efficiency in a large assembly, but with a small board,
allowing every member at least one opportunity to speak before closing debate strikes a better
balance between efficiency and fairness. After every member who wishes to speak has done so,
debate may be ended by majority vote. The second revised edition of these Rules of Procedure
for the Board of County Commissioners also suggested that the call for the previous question
may not be made before there had at least twenty minutes of debate. That provision is deleted
from this edition in favor of the suggested principle included in Rule 19 concerning limitations on
individual speeches at various steps in debate.
8. To Postpone to a Certain Time or Day.
Comment: This motion allows the board to defer consideration to a specified time or day and is
appropriate when more information is needed or the deliberations are likely to be lengthy.
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9. To Refer to Committee. Sixty days after a motion has been referred to a committee, the introducer may
compel consideration of the measure by the entire board, regardless of whether the committee has reported
the matter back to the board.
Comment: This motion is identical with the motion of the same name in RRO 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.
10. 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. Any amendment to a proposed ordinance shall be reduced to
writing.
Comment: This motion is identical to the motion of the same name in RRO except for the
requirement for written amendments to proposed ordinances.
11. 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, unless a motion to revive consideration is adopted.
Comment: This motion replaces the motion to take up from the table in RRO and was renamed
in order to avoid confusion. This motion may be debated and amended; the motion in RRO may
not. If the motion to revive consideration is not successful within one hundred 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.
12. To Reconsider. 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.
Comment: According to RRO, the motion may be made 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.
13. 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 regular election of county commissioners, whichever occurs first.
Comment: This clincher motion prevents the same motion from being continually introduced
when the subject has been thoroughly considered. Because this motion curtails a member’s right
to bring a matter before the board, a vote equal to a quorum 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 21. Renewal of Motion
A defeated motion may not be renewed at the same meeting.
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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.
Comment: RRO 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 unnecessary for a small
board.
Rule 23. Duty to Vote
It is the duty of each member to vote unless excused by a majority vote according to law. The board may excuse members from
voting on matters involving their own financial interest or official conduct. 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 in the affirmative.
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.
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 have been approved, at which time they may be destroyed.
Comment: See G.S. 143-318.13(b).
Rule 25. Action by Reference
The board shall not deliberate, 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 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.
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
important because it makes a difference in the number of votes required to adopt an ordinance.
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No North Carolina judicial decisions have addressed the question of when an ordinance is
considered to have been introduced. The rule assumes that a measure is introduced when it has
been formally presented to the board through an approved agenda.
Rule 27. 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 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 or within one hundred days of being introduced, it is adopted.
Comment: See G.S. 153A-45. See also G.S. 153A-46 for requirements for granting franchises.
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.
Comment: See G.S. 153A-43. Compelling the attendance of a member by ordering the sheriff
to take him or her into custody is an extraordinary remedy intended for use when a member
obstinately refuses to attend meetings for the purpose of preventing action on a proposal. If the
board contemplates using this power, it might be wise to give the absent members notice that
their attendance is required by the majority and may be compelled in this manner.
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 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 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.
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.
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Rule 30. 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 sites, with a few members at each site.
Rule 31. Minutes
Minutes shall be kept of all board meetings.
Comment: G.S. 143-318.10(e) requires all public bodies to keep “ full and accurate” minutes of
all official meetings, including closed sessions. Minutes of closed sessions must be a “general
account… so that a person not in attendance would have a reasonable understanding of what
transpired.” Closed session minutes may be withheld from public inspection “so long as public
inspection would frustrate the purpose” of the session.
Rule 32. 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.
Comment: RRO 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 RRO to meet the needs of small governing
boards.
AMEND AGENDA:
A motion was made by Commissioner Yarborough, seconded by Commissioner Clayton
and carried to amend the agenda to include approval of Performance Bonds.
A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and
carried to approve Performance Bonds of the Sheriff ($25,000), Register of Deeds ($50,000)
Finance Director ($100,000), and Tax Collector ($100,000).
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CONTRIBUTION TO CHARITIES:
Commissioner Yarborough led a discussion relative to county contributions to various
outside agencies. He said he would like to see the Board review more in detail this budget year
any contributions to outside agencies.
RECESS:
A motion was made by Commissioner Clayton, seconded by Commissioner
Bowes and carried to recess the meeting at 3:50 p.m. until 5:30 p.m. for a joint meeting
with the Person County Board of Education.
____________________________________ ____________________________
Faye T. Fuller, CMC Johnny Myrl Lunsford
Clerk to the Board Chairman