5.D. PRSR 07-12-2005Item # S.A.
tttver
MEMORANDUM
TO: Park and Recreation Commission
FROM: Chris Leeseberg, Park Planner
DATE: July 13, 2005
SUBJECT: Case No. P OS-13
Request by L & M Development for a Preliminary Plat -
Pinewood Estates 2"d Addition
Request
Consider park dedication fox the Preliminary Plat of Pinewood Estates 2"~.
Location
14000 182nd Avenue NW
(Pinewood Golf Course)
Zoning/ Land Use
Rl-c (Single Family Residential) / OS (Open Space)
Attachments
Location Map
• Preliminary Plat
Overview
The applicant is proposing to convert the existing Pinewood golf course into a 56-lot
subdivision. The plat proposes three new cul-de-sac streets off of the existing 182"d Avenue.
Due to circulation and access issues, the applicant and staff will be reviewing the proposal.
The site is outside of any park target area. There is a neighborhood park being installed this
suxnmex in the adjacent West Oaks subdivision. Staff therefore suggests that cash be
collected fox park dedication.
Planning Department Mission: the orderly development o(a livable and sustainable Elk River community.
Parks & Recreation / P OSl3
July ]3, 2005
Page 2
Recommendation
Staff recommends that the Parks and Recreation Commission recommend cash dedication.
5:APLANNING\Case Piles\2005\P OS-03 Pinewood Excites 2nd\P OS-]3_P2.doc
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Working Rules
for Meetings
Getting down to business, and doing it
D o you have members that carry
on side-conversations during a
board or council meeting? Do you
have members that "hog" the discus-
siun? Insult each other? Interrupt
each other? Are your meetings too
long?
Do you have members that talk
with the press on executive session
matters? Do you want the public com-
ment at your meetings, but are afraid
it will get out of hand?
Do you have agendas that grow
topsy Curvy? Agendas that you never
get through? Do you £nd yourself in-
undated with petitions to reconsider
votes[aken?
If you answered "yes" to any of
the above, you might want to consider
adopting some working rules for your
meetings. Not only will they go a long
way toward ensuring that people are
treated equally and fairly during the
meeting, they wilt also foster stability
not to mention productivity.
All of which is to say, with a set of
ground rules to guide your meetings
officials will not be driven from office
by a sense of chaos or a lack of civil-
ity, and you will be able to run what is
known as an effective meeting. Which
is to say, you will be able to get down
to [he business of doing business,
which is what you were elected to do.
This article looks at two types of
ground or working rules: those that
are primarily "behavioral" and chose
that are primarily "procedural". It
draws mostly on the work done by
Pamela Plumb, a former Portland city
councilor and mayor turned facilita-
tor and trainer, and Dee Kelsey, the
author of material used in MMA's
Governing Skills Project. (see sidebar)
NOT TO BE CONFUSED WITH
ROBERT'S RULES
It should be stated at the outset
that the kind of ground or working
rules described in this article are no[
to be confused with Robert's Rules of
Order, the classic guide to proper
meeting procedure that has been with
us for more than 12C years. Robert's
Rules, in its 9th edition, takes some
700 pages to spell out proper meeting
procedures. The paperback version of
the book sells for $15.
While the rules described in this
article have the same intent as
Robert's Rules -the fair and orderly
conduct of a meeting -they are dif-
ferent in that they deal with day-to-
day situations, germane to local gov-
ernment. And not only are they more
reader-friendly and accessible than
Robert's 700 pages of rules, they in-
clude rules pertaining to proper be-
havior as well as to proper procedure.
And last but not least, they, espe-
cially the behavioral ground rules,
differ from Robert's Rules in that
there is a sense of "ownership" by
those using them in that they have
been drafted and adopted by those
who use them.
But none of this implies that
Robert's Rules should not be used as a
template for your own customized
ground or working rules, especially
when it comes to the making, debat-
ingand adoption of motions.
BEHAVIORAL GROUND RULES
As Pam Plumb sees it, [he kind of
ground rules that she specializes in,
in both her training sessions and in
the soon-to-be-published book,
"Great Meetings" (see sidebar), co-
By )o Josephson, Staff Writer
authored with Dee Kelsey, focus on
relationships between board or coun-
cil members.
"They are the rules that say we ere
going to treat each other and [he pub-
lic with respect and have the public
treat us with respect. They are the
rules that are based on the belief that
everyone involved in a meeting
should be treated fairly and equally,"
says Plumb.
They are the rules [hat say we are
going to debate ideas and not people,
not interrupt each other, and not
have side conversations, to name just
a few.
But they are also the kind of rules
that people sometimes `aoandon in
the heat of discussion", say the two in
their book. That's why i[ is important
to write them down , as a reminder to
what you have agreed to in "quieter"
times.
THE PROCESS
But we are getting ahead of our-
selves. In order to get people to buy
into the rules in the first place, [hey
must have a sense of what Plumb and
Kelsey call "ownership".
That is why it is important for
each group to discuss and develop its
own set of ground rules, says Plumb.
As the two see it, the trouble with
most ground rules is that they are so
vague no one knows exactly what they
mean. So it is important to discuss
what is acceptable behavior, agree on
what you mean by acceptable behav-
ior, and put in writing what you mean
by acceptable behavior.
It's not enough to merely say you
will "treat each other with respect."
You need to spell out exactly what
16 Mrp~, 1997 MAINE TOWNSMAN
one means by "treat with respect",
like not interrupting or talking while
another person is talking, or sharing
the floor, or monitoring your own air
time, or arriving on time and staying
to the epd.
As Plumb sees it, in the process of
developing the ground rules, a group
takes its first step in letting go of some
of the "bad behavior' that has been
getting in its way, behavior that has
been making for somewhat less than
effective meetings.
Plumb recalls working with one
town where people were yelling, rant-
ing and raving at each other. "They
were alt adults of good will," said
Plumb, "but there was a tradition of
yelling, ranting and raving. Yet, once
they said out loud that they would not
call each other names, that they
would not ••ell at each other, there
was a sense of group relief."
But it's not easy to let go of habit.
Traditions are stubborn, says Plumb.
That's why it is important to write out
the agreed upon ground rules and if
necessary, especially at first, to post
them in sight of everyone and refer to
them at the beginning of each meet-
ing and if necessary during [he meet-
ing when they are being broken, says
Plumb. "In this way members are able
to police themselves," she says.
THE VALUE
Respectful behavior aside, the
real value of behavioral ground rules
lies in their enabling everyone to
speak and be heard, says Plumb.
As Plumb sees it, the setting of
ground rules car go a long way to-
wards building a a~sitive tradition of
how to disagree. For it is not the in-
tent of doing away with disagreement
that ground rules are set. On the con-
trary, the problem is not in the fact
that we disagree, but how we disagree,
says Plumb.
When you agree not to interrupt;
when you agree to listen for under-
standing; when vnu agree to do a
"true" check of what you understand
the other person to have said. When
you have agreed to all this, you are on
the way to building a positive tradi-
tion on how to disagree, says Plumb.
It is Plumb's belief that when a
board or council builds a positive tra-
dition for doing the public's business,
that the public will reflect the behav-
ior at public meetings. And to nur-
ture this behavior, there is nothing
wrong in making the ground rules
available to the public, says Plumb.
The chair can read them aloud at the
beginning of the meeting or hearing;
or officials can, as some towns do, at-
tach the rules to the written agenda;
or they can simply print them on a
poster hung in full view of the audi-
ence, suggests Plumb.
Examples of behavioral ground
rules:
One of the municipalities in
Maine that has developed a set of be-
havioral ground rules in the past few
years is Windham (pop. 13, 484). The
town council developed them jointly
with the school committee during a
series of workshops in 1991 that were
designed to develop a better working
relationship between the two groups.
As such, the rules that follow are en-
titled "Ground Rules for Joint Ses-
sion":
• no personal attacks
• stay away from referrats to the
past and old grudges
• remain positive
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MAINE TOWNSMAN Mr{}; 1997 17
• remember, we are all from one
community and are working together
• no speeches
• demonstrate respect
• no interruptions
• end en time
• no inflammatory or patroniz-
ing remarks
• everyone participates
• disagree, but do not be dis-
agreeable
• stay constructive
• no characterizations as "good
guy" and "bad guy"
• no blaming
• go into the budget season with
empathy for each other's particular
roles
• stay on subject
It is not surprising that the
Windham Town Council has also de-
veloped its own set of similar but not
identical ground rules, adding: "no
rush to judgment of each other's
opinions".
PROCEDURAL GROUND RULES
Yrocedura: ground rules often
take their lead from municipal char-
ters which give councils the authority
to develop their own working rules,
and in some cases could be said to be
reader friendly, accessible, and cus-
tomized versions of Robert's Rules of
Order.
The following examples are
drawn from the working rules of the
Bath (pop. 9,957) and the Corham
(pop.12,542) town councils. Bath's
rules fill three pages; Gorham's are
eight pages due to the fact that the
rules spell out the duties of the nu-
merous council committees. In most
cases, the wording of the rules as they
appear in this article has been modi-
fied for editorial purposes.
Examples of procedural ground
rules:
Agenda Items. In Bath, all
agenda items, under normal circum-
stances, are to be submitted to the
town clerk's office six days prior to
any regular or special meeting. If not
done so, the council chair may
present the matter to the council with
a majority vote of councilors present
required for it to be included on the
agenda.
Special Meetings. In Gorham,
special meetings of the council may
be called by the chair; in the absence
of or refusal by the chair, the meeting
may be called by three members of
the town council. Notice of such
meetings must be served in person or
delivered to the residence of each
member at least 24 hours before the
time for holding such a meeting, un-
less all members sign a waiver of the
required notice. Such a notice mailed
to each council member and post-
marked in Gorham at least two mail
delivery days preceding the date of
the special meeting shall meet the re-
quirement For delivery of to the
councilors' residence. The notice
shall set forth the matters to be acted
upon, and nothing else may be voted
upon at the meeting.
Executive Sessions. I ath, all
m 'ons for executive sions shall
state a `nature" o matters to be
dealt w . No to other than that
referred t in t motion shall be dis-
cussed dun executive session. All,,~ ~,"t^p,
matters di u ed during executive~f~~
sessions all be h din strictest confi-
dence y councilor nd shall not be
disc ssed with, or divu d to any per-
s other than a Fellow c ncilor or
u~Tr~r~aoa~~
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MMA s Governing Sktlls Prodect ~. r(yaknamvt'r t as the , Effecuve Governance
Project, has offered elected mumdpaCtals"akill bwlding programs sinceita in-
ception in 1991. There aze three standard ptogiainst "Working Together", "Group
Dynamics", and "Engaging the Public Conawctively". Councils of boards may
wo-k with the MMA to design a progtari that meets its specific needs. For further
information, contact Steve Gove at the MMA at'1$00-452.8786.
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to per sin atte ante at the execu-
tive sess n. violation of this con-
fidentiali requirement shall be
deeme o b malfeasance of office
and all subjec he offending coun-
t' or to sanction b the council as set
orth in the city cha r.
Posting of Minutes. In Gorham, a
copy of the record of the council deci-
sions taken at a forma] meeting shall
be posted by the town clerk within
three working days at one or more
places withit: the Town of Gorham.
Such minutes shall constitute the offi-
cial record of the actions on al] ordi•
nances, resolutions, orders and votes
taken by the council.
Councilor Comments. In Bath,
councilors are limited to five minutes
in their comments on any one motion
before the council. They may also
speak for five minutes on any amend-
ment to a motion. No councilor may
speak more than twice on any given
motion or amendment. This rule may
be waived by a majority vote of the
council present, and such motions
maybe made by the councilor wishing
the additional time.
Public Comment. Because public
participation is encouraged during
their council meetings, it is not sur-
prising that both Bath and Gorham
devote a considerable space in [heir
council rules to procedures govern-
ing that participation.
Among other things, Bath allows
public comment at the beginning of
every council meeting to items that
are not on the agenda; it also allows
for comment, following [he introduc-
tion and discussion by the council of
agenda items. All individuals address-
ing the council are asked to limit
their comments to five minutes or
less. and no individual may address
the council more than twice on any
agenda item. In Gorham, the five
minute limit may be extended by the
chair.
Procedure aside, each set of rules
makes one strong statement as to
what it expects of the public's behav-
ior.
In Bath, "No public comment
shall be allowed which has the effect
of embarrassing or attacking the char-
acter of any individual or councilor,
and this rule shall be liberally con-
strued and strictly enforced."
[n Gorham, "Persons present at
Council meetings are requested not
to applaud or otherwise express ap-
proval or disapproval of any state-
ments made or actions taken at such
meetings." "The Chair shall not allow
comments of a personal or deroga-
torynature, as they relate to the appli-
cant, Councilor or other speakers.
Reconsideration. In Gorham,
when a vote is passed, a member who
voted in the majority, or in [he nega-
tive on a tie vote may ask fora recon-
sideration at that meeting or at the
next regular meeting but not later.
Once [he reconsideration is made, it
cannot be reconsidered again. In re-
gards to petitions, a petition once
presented to and acted upon by the
town council shall not again be re-
ceived for presentation in the same or
substantially the same form fora pe-
riod of one year. A member of the
town council, voting with [he majority
on the original petition, shall be privi-
leged to reintroduce such a petition. mt
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MAINE TOWNSMAN Mt{y, 1997 19
~~~
SUGGESTED RULES OF PROCEDURE
FO12 SMALL
LOCAL GOVERNMENT BOARDS
by A. Fleming Bell, II
Published by the Institute of Government
Second Edition (1998)
International Municipal Lawyers Association
65th Annual Conference
San Francisco, California
Institute for New Local Government Attorneys
August 27, 2000
Copyright Acknowledgment
The following materials are provided here and used with permission of the
Institute of Government, The University of North Carolina at Chapel Hill
Preface
Bonnie E. Davis's highly useful, out-of--print work, Suggested Rules ojProcedure for Sma[I Governit3g.
Boards, has been revised and expanded in this new edition, entitled Suggested Rules ojProcedure jpr
Small Local Government Boards. As the revised title suggests, this handbook is intended for use by a wide
variety of boards in local government, from boards of health and library boards to water and sewer
authorities. Many of these boazds are listed in Appendix B along with references to specific procedural
statutes applicable to each of them. Suggested Rules for Sma[I Boards is a companion to two other Institute
of Government publications, Rules ojProcedure for the Board of County Commissioners, 2d ed., revised,
1995, by Joseph S. Ferrell, and Suggested Rules of Procedure for a Ciry Council, 3d ed., forthcoming, by
this author
The modifications in this edition aze intended to update and enlazge Davis's treatment of several
subjects and to reflect the requirements of North Carolina's open meetings law. The ntles governing
agendas, the powers of the chair, citizen participation in meetings, closed sessions, minutes, appointments,
and some procedural motions, for example, have been rewritten or modified. New rules dealing with voting
by written ballot, ratification of actions, and comnrittees and boards have been added, along with an
appendix summarizing the requirements for the procedural motions permitted under the roles.
The handbook does not include procedures to be followed by local boards when they must actin a
quasi judicial manner. Examples of roles for such situations maybe found on pages 42 through 71 of The
Zoning Board ojAdjustment in North Carolina, revised ed., 1984, by Michael B. Brough and Philip P.
Green, Jr., also published by the Jnstitute of Government.
I thank my colleagues Joseph S. Ferrell and David M. Lawrence, who reviewed a version of the revised
text, as well as other colleagues who provided information about the procedural statutes applicable to
particular boazds. I azn also very grateful to James H. Slaughter, attorney, Certified Professional
Parliamentarian, and Professional Registered Pazliamentarian, from Greensboro, North Carolina, who
reviewed the text and provided many useful suggestions. My editors Marjorie Hudson and Lucille Fidler
also suggested many helpful changes. I hope that this new edition of Suggested Rules ojProcedure for
Small Local Government Boards will prove to be a valuable tool for the local boazds that seek to conduct
the business of North Cazolina local government in an open, fau, careful, and expeditious manner.
A. Fleming Bell, II
Chapel Hill
Summer 1998
' .
~.:_
Introduction
TtffSE RULES OF PROCEDURE were designed for use by small local government boards. "Small" is a relatiwe~
term; boards with as many as twenty-five members may fmd the rules useful. Appendix A lists some of tEte
kinds of boards for which these rnles were designed. The roles incorporate general principles of
parliamentary procedure and applicable North Carolina laws. Essentially the rules are a modified version of
those found in Robert's Rules of Order Newly Revised (hereinafter referred to as RONR). However, RONR
is intended primarily to guide the deliberations of large legislative bodies; its detailed rules aze not always
appropriate for small governing boards. A small board can afford to do some things that aze not appropriate
for a large body, and in some cases the procedme prescribed by RONR for larger assemblies is
unnecessarily cumbersome. RONR itself recognizes that more informality is desirable with small boards
(RONR § 48, pp. 477-78). These roles detail the more informal procedures that might be expected with a
small board. This book modifies RONR with the following principles in mind:
1. The board must act as a body.
2. The boazd should proceed in the most efficient manner possible.
3. The board must act by at least a majority.
4. Every member must have an equal opportunity to participate in decision making.
5. The boazd's rules of procedure must be followed consistently.
6. The boazd's actions should be the result of a decision on the merits and not a manipulation of the
procedural rules.
The North Carolina laws that establish or authorize the many small boazds used in local government
usually provide little or no guidance as to the procedures to be followed by such boazds. The laws
r.-. governing city councils and boazds of county commissioners do give more specific guidelines for those
`. s boards; rnles of procedure for them are covered in two sepazate Institute of Government publications. [See
d Joseph S. Ferrell, Rules of Procedure for the Board of County Commissioners, 2d ed. (Chapel Hill: Institute
of Government, 1994) and A. Fleming Bell, H, Suggested Rules of Procedure for a City Council (Chapel
Hill: Institute of Government, 1986, new edition forthcoming).] Any procedural rules adopted by a small
board must of course follow the requirements specifically prescribed for that boazd by the state legislature
or other authorizing body. Particular procedural statutes for some of the more common kinds of small local
boazds authorized by state law aze listed in Appendix A. The roles presented in this book are drafted
somewhat generally so that each kind of local boazd can easily adapt them to comply with statutory
requirements particulaz to it.
Many of the roles suggested here, do, however, reflect the provisions bf the North Cazolina open
meetings law, Chapter 143, Article 33C, of the North Cazolina General Statutes (hereinafter G.S.) (G.S.
143-318.9 to 143-318.18). The open meetings law applies to practically all of the small local government
boards that would have occasion to use this book: it covers all elected or appointed authorities, boazds,
comarissions, councils, or other bodies of one or more counties, cities, school administrative units, or other
.political subdivisionsor public corporations in the state that (1) have two or more members and (2)
exercise or are authorized to exercise a legislative, policy-making, quasi-judicial, administrative, or
advisory function. It also applies to most public hospital governing boards, including the boards of
nonprofit hospital corporations. The law does not apply,. however, to certain staff meetings. See G.S. 143-
318.10(b) and (c).
When the roles in this book state procedures that aze required by sections of the open meetings law, that
fact i~ noted in the Comments. Local boards must follow procedures required by the open meetings law
whethecor hot they adopt some version of the rules in this book. And, of course, there maybe other
proc8~ra1 statutes that apply to the boazd as well (see Appendix A).
~. A local board has a relatively free hand in designing its own roles of procedure, as long as the
requirements of the open meetings law and any other applicable statutes are followed, any rules imposed
on the board by its creator are obeyed, and the board adheres to the general principles listed earlier. Most
of the rules in this book are merely suggested procedures, and each board should feel free to change them
to suit local needs and customs. For example; Rule 9 eliminates the requirement of a second to a motion.
The board may choose to adopt that mle or not. Alternative wordings and optional language for some of
the roles are shown enclosed in brackets.
Suggested Rules of Procedure
Rule 1. Regular Meetings
The boazd shall hold a regulaz meeting on the [ ~ of each month, except that if a regular meeting
day is a legal holiday, the meeting shall be held on the next business day. The meeting shall beheld at
(. _] and shall begin at [ 1. A copy of the boazd's current meeting schedule shall be filed
with [the clerk to Ure board of county commissioners] [the city clerk] [the boazd's clerk or secretary].
Comment: Most local government boards aze required by law to meet at regular intervals. G.S.
143-318.12(a), part of the open meetings law, requires the schedule of regular meetings for public
bodies covered by that law to be kept on file as follows: (a) each public body that is part of a
county government keeps the schedule on file with the clerk to theboazd of commissioners; (b)
each public body that is part of a city government keeps it on file with the city clerk; and (c) other
publiobodies file the schedule with Ute body's clerk or secretary. If a public body in the third
category does not have a clerk or secretary, the schedule must be kept on file with the clerk to the
boazd of county commissioners of the county in which the board regulazly meets:
Rule 2. Special, Emergency, and Recessed [or Adjourned] Meetings
(a) Special Meetings. The chair [or a majority of the members] may at any time call a special meeting of
the board. At least forty-eight hours before a special meeting called in this manner, written notice of the
meeting stating its time and place and the subjects to be considered shall be (I) given to each boazd
member; (2) posted on the board's principal bulletin board or, if none, at the door of the board's usual
meeting room; and (3) mailed or delivered to each newspaper, wire service, radio station, television station,
and person who has filed a written request for notice with [the board's clerk] [the board's secretary] [a
person designated by the boazd].
A special meeting may also be called or scheduled by vote of the board in open session during another
duly called meeting. The motion or resolution calling or scheduling the special meeting shall specify its
time, place, and purpose. At least forty-eight hours before a special meeting called in this manner, notice of
the time, place, and purpose of the meeting shall be (1) posted on the boazd's principal bulletin board or, if
none, at the door of the board's usual meeting room and (2) mailed or delivered to each newspaper, wire
service, radio station, television station, and person who has filed' a written request for notice with [the
board's clerk] [the board's secretary] [a person designated by the boazd]. [Such notice shall also be mailed
or delivered at least forty-eight hours before the meeting to each board member norpresent at the meeting
at wht~hRhe special meeting was called or scheduled.]
OL13~'those items of business specified in the notice maybe discussed or transacted at a special meeting,
unless (1) all members are present and (2) the board determines in good faith at the meeting that i[ is `
G
essential to discuss or act on the item immediately.
- - Comment: Rule 2(a) combines the special meeting notice requirements of [he open meetings law
found in G.S: 143-318.12(b) with the idea that all board members must be notified of any specia'l'
meetings that some of the members may call. Different boards will have different roles concerning
who may call special meetings, depending on either their governing statutes nI mle5 or on the
board's preferences.
The board will want to be notified of special meetings called by a few of their number at least
as far ahead of time as members of the news media and other persons on the board's "sunshine
list" are notified (font'-eight hours) [see G.S. 143-318.12(b)(2)]. A discussion of procedures and
possible fees for inclusion on the "sunshine list" can be found in G.S. 143-318.12(b)(2).
While written notice to the board members themselves is not specifically required in the
statutes, such notice helps to avoid questions about whether all board members knew df the
meeting and had an opportunity to attend. A boazd's actions may be subject to challenge if a -
special meeting is deliberately called ina manner that precludes participatidn by one or more of
the members.
The second pazagraph of Rule 2(a) deals with special meetings called during another duly
called meeting. Under the open meetings law, forty-eight hours' advance notice of the time, place,
and purpose of special meetings called in this manner must be mailed or delivered to the news
media and other persons on the boazd's "sunshine list," as required with any other special
meeting. The law generally requires no special notice to boazd members of a special meeting
called during another meeting, since presumably all members were present or had the opportunity
to be present at the meeting where the special meeting was called or scheduled. An optional
provision of this role allows the board to go a bit beyond what the law specifies by providing
notice to members who were absent from the meeting where the scheduling took place.
~.i Under these roles, no iterns maybe added to the agenda for a special meeting unless all of the
members are present and they determine in good faith that the item to be added must be discussed
or acted on immediately. The open meetings law requires that the purpose of a special meeting be
stated in the meeting notice. While the law contains no explicit restrictions that would prevent the
boazd from taking up unannounced subjects at a special meeting, this role recognizes that there is
probably some implicit "good faith" limit on adding unannounced subjects to the agenda.
Recognizing such a limit avoids surprise to absent board members and to others who might have
attended the meeting, had they known that the additional item would be placed on the agenda. It is
especially appropriate not to consider the extra item if it could be dealt with at another special
meeting scheduled with the proper forty-eight hours' notice.
(b) Emergency Meetings. The chair [or a majority of the members] may a[ 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
local newspaper, local wire service,local radio station, and local television station that has filed a written
emergency meeting notice request with [the board's clerk] [the board's secretary] [some other person
designated by the board], and whose request includes the newspaper's, wire service's, or station's
telephone number. Notice to the news media shall be given at [he expense of the party notified.
Emergency meetings maybe called only because of generally unexpected circumstances that require
immediate consideration by the boazd. Only business connected with the emergency may be considered at
an ertlergency meeting.'
• Comment: Rule 2(b) states the requirements of the open meetings law concerning emergency
~~ meetings [G.S. 143-318.12(b)(3)]. Because emergency meetings are by their nature unexpected, it
is assumed that they will not be called during the course of another meeting but will be called
when needed by whoever is authorized to call them (for example, the chair or a majority of [he
members of the boazd).
.,, .
(c) Recessed [or Adjourned] Meetings. A properly called regular, special, or emergency meeting may be
recessed [or adjourned] to a time and place certain by a procedural motion made and adopted as provided
in Rule 16(b), Motion 2, in open sessionduring the regular, special, or emergency meeting. The motion
shall state the time and place when the meeting will reconvene. No further notice need be given of such a
recessed [or adjourned] session of a properly called regular, special, or emergency meeting.
Comment: In Rule 2(c), note that a motion to recess (or adjourn) a meeting to a time and place
certain must comply with the requirements of Rule 16 concerning procedural motions. See both
that rnle's general requirements and the particular requirements of Motion 2 of Rule 16. It must be
made in open session, because under the open meetings law the making of such a motion is not
listed as an action that is pemiltted during a closed session. (See Rule 21 concerning closed
sessions.) The open meetings law specifies that if proper notice was given of the original meeting,
and if the time and place at which the meeting is to be continued is announced in open session, no
further notice is required for the recessed session. As explained in the Comment to Rule 16,
Motion 2, the temts "recess to a time and place certain" and "adjourn to a time and place certain"
aze both forms of the metion to adjourn, and aze used interchangeably in these rnles and in North
Carolina practice. The open meetings law uses "recess to a time and place certain," while other
statutes sometimes use "adjourn to a time or place certain" [see, for example, G.S. 153A-40(a)] or
state the temps recess and adjourn as alternatives [see, far example, G.S. 160A-71(bl)].
Rule 3. Organizational Meeting
On the date and at the time of [the first regular meeting] in [July], the newly [appointed] [elected) members
shall take and subscribe the oath of office as the first order of [new] business. As the second order of [new]
business, the board shall elect a chair, ithe or she is not otherwise selected, using one of the nomination
and voting procedures set out in Rule 25.
Comment: Members of local boards are typically appointed or elected at the same time every year
or every other year. An organizational meeting should be held whenever new members aze
selected so that they can properly qualify for office by taking and signing the required oath. The
organizational meeting is often a part of another properly scheduled meeting, although it could be
scheduled as a sepazate regulaz or special meeting.
All public officers must take the oath of office set forth in Article VI, Section 7, of the North
Carolina Constitution, unless a person is serving on a particular boazd as part of his duties on
another body. [For example, a county commissioner may. be appointed by the boazd of
commissioners to the board of health or social services (see generally G.S. 128-1.2).) In such a
case a separate oath should not be taken. On the other hand, many boazds require their members to
take the additional oaths set out in G.S. 11-7 and -11.
Boazd members with questions about oaths should consult the boazd': attorney or the following
Institute of Government publications: A. Fleming Bell, II, Ethics, Conflicts,. and Oj~ces; A Guide
fo ,Local Officials (Chapel Hill:- Institute of Government, 1997) and Joseph S. Ferrell, "Questions
T Am Frequently Asked: What Forms of Oath Should a Public Officer Take?" Popular
~G'overnment 62 (Fall 1996): 43.
The board's chair is also typically elected at the organizational meeting. If new members join. '~_ .
the board only every other year, and the chair serves aone-year term, a new chair must be elected
in the appropriate month in the off years.
.The question of whopresides at the organizational meeting until the election of a new chair is
best resolved by local custom. Some boazds call on their clerk or secretary, chief administrator or
attorney to preside; others call on the outgoing chair to preside until the new chair is selected.
A nomination and voting procedure, rather than a motion, should generally be used to select
the chair, in order to allow all board members to express their preference. See guidelines for this
procedure in Rule 25.
Rule 3 permits the qualification of newly elected members and the election of a new chair to be
preceded by the completion of pending items of unfinished business by the incumbent board, if
this is the local custom. If such is the custom, the swearing-in and selection of a chair are the first
items of new business on the agenda.
Rule 4. Agenda
(a) Proposed Agenda. The board's [clerk] [secretary) [chief administrative officer] shall prepare a
proposed agenda for each meeting. A request to have an item of business placed on the agenda must be
received at least [two) working days before the meeting. Any board member may, by a timely request, have
an item placed on the proposed agenda. A copy of all proposed [orders] [policies] [regulations]
[resolutions] shall be attached to the proposed agenda. [An agenda package shall be prepared that includes,
for each item of business placed on the proposed agenda, as much background infomtation on the subject
as is available and feasible to reproduce.] Each board member shall receive a copy of the proposed agenda
[and the agenda package] and [it] [they] shall be available for public inspection and/or distribution when
[it is] [they aze] distributed to the board members.
(b) Adoption of the Agenda. As its fast order of business at each meeting, the boazd shall, as specified
in Rule 6, discuss and revise the proposed agenda and adopt an agenda for the meeting. The boazd may by
majority vote add items to or subtract items from the proposed agenda, except that the board may not add
items to the agenda of a special meeting unless (a) all members aze present and (b) the board determines in
good faith at the meeting that it is essential to discuss or act on the item immediately. If items are proposed
to be added to the agenda, the boazd may, by majority vote, require that written copies of particular
documents connected with the items be made available at [he meeting to all board members.
The board may designate certain agenda items "for discussion and possible action." Such designation
means that the boazd intends to discuss the general subject area of that agenda item before making any
motion concerning that item.
(c) Open Meetings Requirements. The board shall not deliberate, vote, or otherwise take action on 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 boazd to understand what is being
deliberated, voted, or acted on. However, the boazd may deliberate, vote, or otherwise take 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 on-are available for public inspection at the meeting.
Comment to (a) and (b): Because of the volume and complexity of the matters they must
consider, most boards use agendas for their meetings. Some small government boards use agendas
only to organize the materials they must consider and to give themselves an opportunity [o study
the issues before they meet. These boards generally allow last-minute additions to the agendas of
a regular meetings by general consent. This mle takes that approach.
Other small boards use their agendas to conaol the length of their meetings. In that case the
boazd will often hold an agenda meeting or a work session before the regular meeting to ask
questions and thoroughly explore the proposals that must be voted on at the regular meeting. Note
that such an agenda meeting or work session is considered a meeting of the boazd for purposes of
the open meetingslaw and is subject to the regular or special meeting requirements in these mlest.
Generally, these boards take a stricter approach and do not allow late additions to regular meeting
agendas unless an emergency exists.
These rnles require a stricter approach for agendas of special meetings, because of open
meetings law concerns. Under this approach, items may be added to the agenda of a special
meeting only if all members aze present and the boazd determines in good faith that it is essential
to discuss or act on the item immediately. This restriction avoids surprise and is consistent with
the spirit of the open meetings law, although neither requirement is actually part of the law. See
the statement of public policy underlying the law in G.S. 143-318.9. For further discussion of
adding items to special meeting agendas, see the Comment to Rule 2(a).
Rule 4(a) requires that longer or more complex proposals be in writing and attached to the
agenda, so that boazd members will have a cleaz idea of the issues with which they will be dealing.
The board may choose what sorts of proposed orders, policies, regulations, resolutions, or other
items it wishes to make subject to this requirement. The board may also require that copies of
relevant documents be provided to all board n.embems when additions to the agenda aze proposed
at the meeting.
Some boards also use an agenda package to provide background informatron about proposed
agenda items to the board members. The use of such a package is optional.
Small boazds frequently desire to discuss an issue infomtally, attempting to reach a group
consensus, before a formal motion is proposed. While standazd pazliamentary practice requires
that a motion be made before any discussion can occur, conducting discussion first can be very
useful to a small board. Such discussion may be especially important if the boazd does not hold
agenda meetings or work sessions at which the members can discuss issues among themselves,
before the more formal meetings at which the board generally takes action. This mle authorizes
the practice of "discussing before moving" by permitting the board to designate particulaz agenda
items "for discussion and possible action." If a motion is later made, discussion on the motion is
then in order.
The board's clerk, secretary, or chief administratve officer may fmd it convenient to maintain
a mailing list of interested parties who wish to receive a copy of the proposed agenda and/or
agenda package regularly. Since the background materials included with the proposed agenda in
the agenda package maybe quite voluminous, the board may wish to charge those receiving the
full. agenda package for the cost of reproduction. At the very least, the board should make
provision for the public to inspect and copy the agenda package in the offices of whoever provides
administrative services for the board, since the agenda package is a matter of public record open
to public inspection.
Comment to (c): The last paragraph of tF~is mle paraphrases the open meetings law's restrictions
on acting by reference to agendas or other items [see G.S. 143-318.13(c)].
Rule 5. Public Address to the Board
Any individual or group who wishes to address the board shall make a request to be on the agenda to the
board's [clerk] [secretary] [chief administrative officer]. However, the board shall determine at the meeting
whether it will hear the individual or group. -
t ,
'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, although it is not legally required to do so. This i,,. ;
mle allows any individual or group to be placed on the proposed agenda, but reserves to the board
the right to decide whether there is time to hear its comments. If the board chooses to open the
meeting for public comments on a particular issue, it must be careful not to censor individuals or
groups based on their point of view on that issue, in order to avoid violating the speakers'
constitutional right to freedom of speech. For further information on public comment during board
meetings, see A. Fleming Bell, II, John Stephens, and Christopher M. Bass, "Public Comment at
Meetings of Local Government Boards," Parts One and Two, Popular Government 62 (Summer
1997): 3-14 and (Fall 1997): 27-37, respectively.
Rule 6. Order of Business
Items shall be placed on the agenda according to the order of business. The order of business for each
regular meeting shall be as follows:
Discussion and revision of the proposed agenda; adoption of an agenda
Approval of the minutes
Public hearings
Adtninistrative reports
Committee reports
Unfurished business
New business
Infomral discussion and public comment
By general consent of the boazd, items maybe considered out of order.
Comment: Note that the suggested order of business places public hearings and administrative
reports early in the meeting. These aze the main items that involve citizens and administrative
officials who may not need or wish to be present for the entire meeting. Unfmished business under
these rules consists of matters that are tamed over from a previous meeting that was adjourned
before the board completed its order of business and matters that were specifically postponed to
the present meeting [see Rule 16(b), Motion 11].
Rule 7. Presiding Officer
The chair of the boazd shall preside at board meetings if he or she is present, unless he or she becomes
actively engaged in debate on a particulaz matter. The chair [shall have the rightto vote only when there is
a tie] [may vote in all cases]. In order to address the board, a member must be recognized by the chair.
If the chair is absent, the [vice-chair] (another member designated by vote of the board] shall preside. [If
both. the chair and vice-chair are absent, another member designated by vote of the board shall preside.]
The vice-chair or another member who is temporarily presiding retains all of his or her rights as a member,
including the right to make motions and the right to vote.
If the chair becomes actively involved in debate on a par[iculaz matter, he or she [may] [shall] designate
another board member to preside over the debate. The chair shall resume presiding as soon as action on the
matter is concluded.
The presiding officer shall have the following powers:
J
~To rule motions in or out of order, including any motion patently offered for obstmctive or dilatory
purposes;
To determine whether a speaker has gone beyond reasonable standards of courtesy in his remarks
and to entertain and mle on objections from other members on this ground;
To entertain and answer questions of parliamentary law or procedure; ,,,. ,
To call a brief recess at any time; ,
To adjourn in an emergency. '
A decision by the presiding officer under any of the first three powers listed maybe appealed to the
board upon. motion of any member, pursuant to Rule 16, Motion 1. Such a motion is in order immediately
afrer a decision under those powers is announced and at no other time. The member making the motion
need not be recognized by the presiding officer, and the motion, if timely made, may not be mled ou[ of
order.
Comment: The chair ordinarily 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.
Boards may choose whether the chair always votes or votes only to break a tie. Someone who
is temporarily presiding in the chair's placa is still a full member of the boazd and thus is entitled
to make motions and to vote.
Good leadership depends, to a certain extent, on not taking sides during a debate. On a small
boazd this may not always be feasible or desirable; yet an unfair advantage accmes to the side
whose advocate controls access to the floor. This mle is designed to ensure even-handed treatment
to both sides during a heated debate. Ordinarily the chair should ask the vice-chair, if there is one,
to preside in such a situation, but if he or she is also engaged in the debate, the chair should feel
free to call on some other board member in order to achieve the purpose of this mle.
The chair or anyone presiding in the chair's place has substantial procedural powers, but those
powers are not absolute. Under this mle and Rule 16, Motion 1, 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 debate, and most other procedural matters. Such a motion replaces RONR's
"question of order and appeal."
There aze two exceptions to this right of appeal. A chair or other presiding officer may adjourn
without the boazd'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. RONR, in contrast, allows a recess to be taken only with the approval of the members.
Rule 8. Action by the Board
The board shall proceed by motion, except as otherwise provided for in Rules 3, 4, and 25. Any member,
including the chair, may make a motion.
Comment: Under standazd pazliamentary practice, a motion must be on the floor before a board
may proceed with discussion or action. Rule 8 allows two variations, one based on Rule 4 and the
other on Rules 3 and 25.
Rule 4 allows items to be placed on the agenda "for discussion and possible action." General
discussion of the agenda item may precede the making of a motion: See Rnie 4 and ffie
accompanying Comment.
Rules 3 and 25 specify that the board is to make appointments using an election method, rather
~ltah by motion; in order to allow all board members to express their preferences..This method
:applies both to internalboard appointments and to appointments to other bodies. The procedures
to be followed are explained in Rule 25 and the accompanying Comment. {
Traditionally, if the chair wishes [o have a motion made, instead of making it personally,. he or L'~-'
she states, "The Chair will entertain a motion that... "This custom is sound if the chair may vote
only in the case of a tie; if the chair may vote in all cases, he or she may make a motion as any
other member would. .~ .
Rule 9. Second Not Required
A motion does not require a second.
Comment: The philosophy underlying the requirement of a second is that if a proposal does not
have at least some minimum level of support, it is not worth the time necessary to consider it. In a
group of 100 persons, for example, requiting a second ensures that at least 2 percent of the group
wishes to consider the proposal. On afive-member board, on the other hand, a proposal supported
by one member already has the backing of 20 percent of the boazd membership. Since the board is
small, efficient use of [he board's time is not impaired by allowing consideration of a proposal
that initially has the support of only one member. If a board wishes to retain the requirement of a
second, however, it is free to do so.
This mle is consistent with the RONR concept that motions need not be seconded in meetings
of smaller groups (RONR § 48, p. 477). Moreover, even if a board uses seconds, RONR notes that
"after a debate bas begun or, if there is no debate, after any member has voted, the lack of a
second has become immaterial and it is too late to make a point of order that the motion has not
been seconded" (RONR § 4, p. 36).
Rule 10. One Motion at a Time
A member may make only one motion at a time.
Comment: None.
Rule 11. Substantive Motions
A substantive motion is out of order while another substantive motion is pending.
Comment:llus mle sets forth the basic principle of pazliamentary procedure that distinct issues
will be considered and dealt with one at a time, and a new proposal may not be put forth until
action on the preceding one has been concluded.
RONR does not refer to substantive motions as such; instead it refers to main or principal
motions. The words substantive motion are used here to underscore the distinction between this
type of motion and the various procedural motions listed in Rule 16. Basically, a substantive
motion is any motion othei than the procedural motions listed in Rule 16. A substantive motion
may deal with any subject within the boazd's legal powers, duties; and responsibilities. Indeed,
since Rule 8 provides that the board shall proceed by motion, the substantive motion is the only
way the board can act, unless it has adopted a special mle to deal with a particulaz situation. (See,
ifo{ example, the provisions of Rule 25 on appointments.) The procedural motions detailed in Rule
,° 16 set forth the various options the board has in disposing of substantive motions.
,~ _
Rule 12. Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quomm as defined in Rule 22 being present,
unless otherwise required by these roles or the laws of North Carolina. A majority is more than half.
Comment: In a few instances, these rules require a vote equal to a majority or two-thirds of the
entire membership of the board for adoption of a particular motion. Extraordinary voting
requirements imposed by particular statutes are not specified in these roles. The boazd's attorney
should be consulted as questions arise.
Rule 13. Voting by Written Ballot
The board may choose by majority vote to use written ballots in voting on a motion. Such ballots shall be
signed, and the minutes of the board shall show the vote of each member voting. The ballots shalt be
available for public inspection in the office of the boazd's [clerk] [secretary] immediately following the
meeting at which the vote took place and until the minutes of that meeting are approved, at which time the
ballots maybe destroyed.
Comment: The open meetings law allows public bodies such as small local government boards to
use written ballots so long as they follow the procedures set out in G.S. 143-318.13(b) and
pazaphrased in this rnle.
Rule 14. Debate
The chair shall state the motion and then open the floo. to debate. The chair shall preside over tree debate
according to the following general principles:
The maker of the motion is enfitled to speak first;
A member who has not spoken on the issue shall be recognized before someone who has already
spoken;
To the extent possible, the debate shall alternate between proponents and opponents of the measure.
Comment: None.
Rule 15. Ratification of Actions
To the extent pemtitted by law, the board may ratfy actions taken on its behalf but without its prior
approval. A motion to ratify is a substantive motion.
~Comment: Ratification of actions taken on the boazd's behalf but without its prior approval is
~pErmitted under these rules, to the extent that such after-the-fact approval of actions is legally
allowed. The principle behind the motion to ratify is that an assembly may subsequently approve
that which it could have authorized. This rnle treats the motion to ratify as a substantive proposal ~•...
rather than as a procedure! motion, since a ratification is in effect an after-the-fact substantive
action by the board concerning something that was done without board approval when advance
authorization should have been obtained. .
Rule 16. Procedural Motions
(a) Certain Motions Allowed. In addition to substantive proposals, only the following procedural motions,
and no others, are in order. Unless otherwise noted, each motion is debatable, may be amended, and
requires a majority of [he votes cast, a quortun being present, for adoption. Procedural motions are in order
while a substantive motion is pending and at other times, except as otherwise noted.
Comment: Rule 2(a) reflects substantial departure from the mle in RONR. Each procedural
motion in RONR 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, then it is not available.
Procedural motions are frequently used to "act upon" a substantive motion by amending it,
delaying consideration of it, and so forth. T7rey are in order while substantive motions are pending
as well as at other times.
In addition, as in RONR, several procedural motions can be entertained in succession without
necessarily disposing of the previous procedural motion. The order of priority establishes which
procedural motion yields to which-that is, what procedural motion may be made and considered
while another one is pending. The procedural motions are summarized in table form in Appendix
B.
(b) Order of Priority of Motions. In order of priority (if applicable), the procedural motions are
Motion 1. To Appeal a Procedural Ruling of the Presiding Otficer. A decision of the presiding
officer mling a motion in or out of order, determining whether a speaker has gone beyond reasonable
standards of courtesy in his remazks, or entertaining and answering a question of pazliamentary law or
procedure maybe appealed to the board, as specified in Rule 7. This appeal is in order immediately after
such a decision is announced and at no other time. The member making the motion need not be recognized
by the presiding officer and the motion, if timely made, may not be mled out of order.
Comment: Rule 7 allows the mling 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 7 and its Comment for further
discussion ofShis motion.
Motion 2. To Adjourn. This motion may be made only at the conclusion of action on a pending
substantive matter; it may not interrupt deliberation of a pending matter. A motion to (recess] [adjourn] to a
time and place certain shall also comply with the requirements of Rule 2(c).
Comment: This motion differs from the RONR motion to adjottm in several respects. The RONR
motion to adjourn is not debatable or amendable and can be made at any time, thus interrttpting
t substantive deliberations. Here, however, since the number of members is small and procedures
aze available to limit debate, Motion 2 allows both debate and amendment, but specifies that the
motion is in order only when action on a pending matter has concluded.
If the board wants to adjourn before completing final action on a matter, it may use a motion to
defer consideration, to postpone to a certain time or day, to refer a motion to a committee, or to
suspend the rules. Or, in accord with Rule 2(c), it may recess (or adjourn) the meeting to
reconvene at a specified time and place. The motion to recess or adjourn to a time and place ^-
certain is a form of the motion to adjourn. As explained in the Comment [o Rule 2(c), various • ,
North Carolina General Statutes and North Carolina practice refer both to the terminology "recess
to a time and place certain" and the phrase "adjourn to a time and place certain" [see, for example,
G.S. 143-318.12(6)(1), 153A-40(a), and 160A-71(61)]. Thus both "recess" and "adjourn" are
provided here as options. The motion has the same meaning regardless of the option chosen.
Motion 3. To Take a Brief Recess.
Comment: This motion, which allows the board to pause briefly in its proceedings, is similar to
the motion to recess under RONR. To avoid confusing this motion with the motion "[o recess to a
time and place certain," which is a form of the motion to adjourn under these roles and in North
Carolina practice [see Rule 16(6), Motion 2, above], Motion 3 is a "motion to take a brief recess"
rather than a "motion to recess." Since the number.of members is small and procedures are
available to limit debate, debate is allowed on this motion. A motion to take a brief recess is in
order at any time except when a motion to appeal a procedural rnling of the presiding officer or a
motion to adjourn is pending. Under these roles, the presiding officer also has the power to call' a
brief recess at any time (see Rule 7).
Motion 4. Call to Follow the Agenda. The motion must be made at the first reasonable opportunity or
it is waived.
Comment: This motion is patterned on the call for the orders of the day in RONR. It differs in that
it may be debated; also, unless the motion is made whenthe item of business that deviates from
the agenda is proposed, the right to insist on following the agenda is waived for that item.
Motion 5. To Suspend the Rules. The board may ;.ot suspend provisions of the roles that state
requirements imposed by law on the boazd. For adoption, the motion requires an affirmative vote equal to
[a majority] [two-thirds] of the entire membership of the boazd. [A majority is mote than half]
Comment: This motion is generally the game. as the RONR motion to suspend the rules, except
that it is debatable and amendable, and the number of affirmative votes required is either a
majority or two-thirds of the entire membership of the boazd: Thus if a boazd has five members,
three members must vote for the motion if the majority option is chosen and four members (the
smallest number that is at least two-thirds) if the two-thirds option is selected. If only three or four
members, respectively, aze present at a particular mee~ing, all 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 accomplish without violating its own roles. It permits the board to exercise greater
flexibility and perhaps informality than adhering strictly to the rules might allow. For example, the.
board might use this motion to allow it to consider an agenda item out of order, without formally
amending the agenda that it had adopted.
The procedure described will pose some problems on athree-member boazd, because the role
Fan,be manipulated so as to prevent one member from participating in the board's deliberations.
Frequent use of [he motion to prevent one member from presenting his or her proposals to the
board or from speaking on an issue before the boazd is of doubtful legality. Athree-member board
may decide to require a unanimous vote for this motion to pass.
~.. .-
Motion 6. To Go into Closed Session. The board may go into closed session only for one or more of
the permissible purposes listed in G.S. 143-318.11(a). The motion to go into closed session shall cite one or
more of these purposes and shall be adopted at an open meeting. A motion based on G.S. 143-318.11(a}(I )
shall also state the name or citation of the law that renders the information to be discussed privileged or
confidential A motion based on G.S. 143-318(a)(3) shall identify the parties in each existing lawsuit
concerning which the board expects to receive advice during the closed session, if in fact such advice is to
be received.
Comment: The requirements for this motion are found in G.S. 143-318.11(c). They include extra
requirements for motions based on G.S. 143-318.11(a)(1), and for those motions based on G:S.
143-318.11(a)(3) that concern a closed session where the board expects to receive advice about an
existing lawsuit or lawsuits. G.S. 143-318.11(a)(1), cited in the role, allows closed sessions "[t]o
prevent the disclosure of information that is privileged or confidential pursuant to the law of
[North Carolina] or the United States, or not considered a public record within the meaning of
Chapter t32 of the General Statutes." Part of G.S. 143-318.11(a)(3), also cited, allows a board in
closed session to "consider and give instructions to an attorney concerning the handling or
settlement of a claim, judicial action, mediation, azbitration, or administrative procedure."
Motion 7. To Leave Closed Session.
Comment: Tlris motion provides a procedural mechanism for returning from closed session to an
open meeting. Under the open meetings law, public bodies probably must return to open session
once they have concluded their closed session business, even if they have no other business to
transact except adjourning the meeting.
Motion 8. To Divide a Complez Motion and Consider It by Paragraph. The motion is in order
whenever a member wishes to consider and vote on subparts of a complex motion separately.
Comment: This motion is the same as the two motions-division of a question and consideration
by paragraph-in RONR, except that it is debatable.
Motion 9. To Deter Consideration. The boazd may defer a substantive motion for later consideration at
an unspecified time. A substantive motion the consideration of which has been defened expires 100 days
thereafter unless a motion to revive consideration is adopted. If consideration of a motion hasbeen
deferred, a new motion with the same effect cannot be introduced while the deferred motion remains
pending (has not expired). A person who wishes to revisitthe matter during that time must take action to
revive consideration df the original motion [Rule 16(b), Motion 14], or else move to suspend the roles
[Rule 16(b), Motion 5].
Comment: This motion allows the board temporarily to defer consideration of a proposal. It may
be debated and amended. A motion that has been defened dies if it is not taken up by the board
[via a motion to revive consideration, Rule 16(b), Motion 14] within a specified number of days
of the vote [o defer consideration. One hundred days is merely a suggested period of time. Note
the restriction on malting a new motion with the same effect while a motion remains defened.
~ i This motion should be distinguished from the motion to postpone to a certain time or day [Rule
lb(b), Motion 11]. A matter that has been postponed to a certain time or day is brought up again
t( automatically when that time arrives. Board action (approval of a motion to revive consideration)
i~
is required, however, before the board may again consider a substantive motion the consideration
of which has been deferred under this motion.
Motion 10. Motion for the Previous Question. The motion is not in order until there have been at,east
[20] minutes of debate and every member has had an opportunity to speak once.
Comment: This motion differs from the motion of a similar name in RONR. The RONR motion is
always in order, is not debatable or amendable, and requires atwo-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 assembly. With a small board, however,
a minimum period of debate on every proposal that comes before it 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.
Note that this mle avoids the practice followed by some boards of allowing any member to end
debate by simply saying "call the question," without the board actually taking a vote on that
procedural issue. Such a practice is contrary to regular parliamentary procedures. In addition, it
allows individual members to impose their will unilaterally on the group, in defiance of the
principle of majority rate on which these rules aze based.
Motion 11. To Postpone to a Certain Time or Day. If consideration of a motion has been postponed, a
new motion with the same effect cannot be introduced while the postponed motion remains pending. A
person who wishes to revisit the matter must either wait until the specified time or move to suspend the
rates [Rule 16(b), Motion 5].
Comment: This motion allows the board to postpone consideration to a specified time or day and
is appropriate when more information is needed or the deliberations aze likely to be lengthy. It
should be distinguished from the motion to defer consideration (see Comment to Rule 16(b),
Motion 9]. Note the restriction on making a new motion with the same effect while a postponed
motion remains pending.
Motion 12. To Refer a Motion to a Committee. The boazd may vote to refer a substantive motion to a
committee for its study and recommendations. Six days or more after a substantive motion has been
referred tc .t committee, the introducer df the substantive motion may compel consideration of the measure
by the enftre board, whether or not the committee has reported the matter to the board.
Comment: This motion is the same as the motion of the same name in RONR except that the right
of the introducer to compel consideration by the full boazd after a specified period of time
prevents using the motion as a mechanism to defeat a proposal by referring it to a committee that
is willing to "sit" on it. If the board does not use committees, this motion is unnecessary.
Motion 13. To Amend.
(a) An amendment to a motion must be pertinent to the subject matter of the motion. An amendment is
improper if adoption of the motion with that. amendment added would have the sarnd effect a5 injection 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.
(b) $,A motion may be amended, and that amendment may be amended, but no further. amendments may .
be made;until the last-offered amendment is disposed of by a vote.
(cf 1~ny amendment to a proposed [order] [policy] [regulation] [resolution] shall be reduced to writing
before the vote on the amendment.
Comment: This motion is similar to the motion to amend in RONR except for the additional
requirement to write down amendments to longer, typically more complex items such as
>.
resolutions or regulations.
The restriction on amendments stated in part 13(a), second sentence, of the provisions
concerning this motion should be read narrowly; it is intended only to prevent an amendment that
merely negates the provisions of the original motion. The intent of such an amendment can be
achieved in a simpler and more straightforward manner by the defeat of the original proposal.
Pertinent amendments that make major substantive changes in the original motion are quite
proper.
Some boards allow a "substitute motion" when major changes in a motion are proposed. Such a
motion is in effect a type of amendment. To avoid confusion, "substimte motions" are not allowed
under these roles. All proposals for changes in a motion or in an amendment aze treated as
motions to amend, no matter how major their potential effect.
Part 13(b) of the roles governing this motion limits the number of proposed amendments that
maybe pending at one time to two, in order to reduce confusion. Amendments aze voted on in
reverse order; that is, the last-offered amendment, which would amend the first amendment, is
voted on first. Once the last-offered of the two pending amendments is disposed of, an additional
amendment maybe offered.
Part 13(c) of the roles for this motion imposes an additional writing requirement for
amendments to other, sometimes lengthy, documents such as orders, policies, regulations, or
resolutions. The boazd is free to choose the sorts of items for which this requirement will apply.
Amendments to such documents, like the items themselves, should be in written form before they
aze voted on, both because of their importance and so that board members will be cleaz about the
meaning of the amendments on which they are voting. Written amendments also make it easier to
maintain the required minutes of the body accurately [see G.S. 143-318.10(e)].
Some boards have a practice of requiring the person making Ute original motion to approve of
any proposed amendments to that motion. Such a practice is not recommended. Once a motion has
been offered to the boazd, it is up to the board to decide whether or not it should be changed by
amendment. If the person making t}te motion does not favor a proposed amendment, he or she is
free to vote against it. And so long as the original motion has no[ been voted on and no
amendment to it has passed, the introducer is free under these roles to withdraw it (see Rule 18). If
a motion has been withdrawn, the board members are generally free to make their own separate
motions on the same subject.
Motion 14. To Revive Consideration. The boazd may vote to revive consideration of any substantive
motion earlier deferred by adoption of Motion 9 of Rule 16(b). The motion is in order at any time within
[100] days after the day of a vote to defer consideration. A substantive motion on which consideration has
been deferred expires 100 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 RONR and was
renamed in order to avoid confusion. This motion may be debated and amended, whereas the
motion in RONR may not. If the motion to revive consideration is not successful within the
specified number of days of the date on which consideration was deferred, the substantive motion
exptes. Its subject matter may be brought forward again only by a new motion. One hundred days
is merely a suggested period of time; the number of days specified here should be the same as in
[Rule 16(b), Motion 9.
l~ofton 15. 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] [adjournment] to a tune and place certain. The motion
cannot interrupt deliberation on a pending matter but is in order at any time before final adjournment q~ the
meeting.
Comment: According to RONR, this motion may be made at the same meeting as the vote being
reconsidered or on the next legal day and may interrupt deliberation on another matter. To avoid
placing a measure in limbo, these roles restrict the availability of the motion to the same meeting
as the original vote, including any continuation of that meeting if it is recessed or adjourned to a
time and place certain pursuant to Rule 2(c) and Rule 16(b), Motion 2. 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. The motion to reconsider is pemtitted under these roles only
when action on a pending matter concludes.
Motion 16. To Rescind or Repeal. Theboard may vote to rescind actions it has previously taken or to
repeal items that it has previously adapted. The motion is not in order if rescission or repeal of an action is
forbidden by law.
Comment: Each meeting of most small boards is in many respects a separate legal event. Unless
prohibited by law, a boazd may at a subsequent meeting '4mdo" action taken at a previous
meeting. This motion is in order only for those measures adopted by the board that may legally be
repealed or rescinded. For example, it is not intended to suggest that the boazd may unilaterally
rescind a binding contract.
Motion 17. To Prevent Reintroduction 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 for adoption a vote
equal to [a majority] [two-thirds] of the entire membership of the boazd. If adopted, the restriction imposed
by the motion remains in effect for six months or until the next organizational meeting of the boazd,
whichever occurs first.
Comment: This is a "clincher" motion to prevent the same motion from being continually
introduced when the subject has been thoroughly considered. There is no compazable motion in
T.ONR, although Ute objection to consideration of a question accomplishes much the same
purpose.
Because this motion curtails a member's right to bring a matter before the boazd, a vote equal
to either a majority or two-thirds, at the boazd's option, of the entire membership is required. See
the Comment to Rule 16(b), Motion 5, for an illustration of how this requirement works.
As with every other motion, a clincher motion may, in effect, be dissolved by a motion to
suspend the rules [see Rule 16(b), Motion 5]. Six months is merely a suggested time; the boazd
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 organizatir-tal meeting of the board.
Rule 17. Renewal of Motion
A motion that is defeated may be renewed at any ]ater meeting unless a_motion to prevent reconsideration
has b~enadopted.
:.i
Comment: As noted in the Comment to Rule 16(b), Motion 16, in North Carolina each meeting of
a small local government board is in many respects a separate, new event. Thus, while matters of
old business may be carried over from one meeting to another, it is also the case that matters that
are disposed of at one meeting maybe brought up again at a subsequent meeting through a new
motion, unless a motion to prevent reintroduction was previously adopted [Rule 16(b), Motion `
17].
Rule 18. 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: RONR 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.
However, this rnle does prohibit withdrawing motions after they have been amended. Once a
motion has been amended, it is no longer the same motion as was made by the innoducer, so it is
no longer his or hers to withdraw.
Rule 19. Duty to Vote
[Each member shall be pemtitted to abstain from voting, by so indicating when the vote is taken.] [Every
member must vote unless excused by the remaining members of the boazd. A member who wishes to be
excused from voting shall so inform the chair, who shall take a vote of the remaining members. No
member shall be excused from voting except in cases involving conflicts 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 board chamber, or who has withdrawn without being
excused by a majority vote of the remaining members present, shall be recorded as [an affirmative vote] [a
vote with the prevailing side]].
Comment: Some local boazds allow abstentions, others do not. A boazd may choose either
version of this rule. Those boazds that do not allow members to abstain may instead choose to
allow members to be excused from voting in particulaz cases, typically when a personal interest of
the member, as defined by the boazd or by law, is implicated by the decision being made.
The first consequence set out under the second option for refusing to vote when one has not
been excused is the same as that provided in G.S. 160A-75 for city councils in North Cazolina. To
govern such cases, a board may adopt this "failure to vote counts as a `yes' vote" mle or some
other policy such as the second consequence (failure to vote counts as a vote with the prevailing
side).
Rule 20. Special Rules of Procedure
The hoard may adopt its owri special rules of procedure, to he specified here.
tCgmment: Some boards may wish to provide special rnles for certain situations (for example,
-~ {requiring a vote equal to a majority or two-thirds of the entire membership of the board for
~ approval of certain motions, or specifying a particular procedure for selecting the board's chair),
d.;.~ ~ either because of statutory requirements or other concerns.
Rule 21. Closed Sessions ~-
The board may hold closed sessions as provided by law. The board shall commence a closed session only
after a motion to go into closed session has been made and adopted during an open meeting. The motion
shall state the purpose of the closed session. If the motion is based on G.S. 143-318.11(a)(1) (closed
session to prevent the disclosure of privileged or confidential information or information that is not
considered a public record), it must also state the name or citation of the law that renders the information to
be discussed privileged or confidential. If the motion is based on G.S. 143-318.11(a)(3) (consultation with
attorney; handling or settlement of claims, judicial actions, mediations, arbitrations, or administtanve
procedures), it must identify the parties in any existing lawsuits concerning which the public body expects
to receive advice during the closed session. The motion to go into closed session must be approved by the
vote of a majority of those present and voting. The board shall temnnate the closed session by a majority
vote, using Motion 7 of Rule 16(b).
Only those actions authorized by statute maybe taken in closed session. A motion to [adjourn] [recess]
shalu.ot be in order during a closed session [Rule 16(b), Motion 2j.
Comment: This mle states some of the requirements of G.S. 143-318.11(c) for calling closed
sessions. In particular, note the special requirements for motions to call closed sessions that are
based on G.S. 143-318.11(a)(1) or, in some cases, on G.S. 143-318.11(a)(3). No attempt is made
here to set forth all of the provisions of the open meetings law concerning the purposes for which
closed sessions may be held and the actions that may be taken in closed session; specific
information can be found in G.S. 143-318.11(a). Note, however, that adjournment or recessing
pursuant to Rule 16(b), Moton 2, is not an action authorized by statute to be taken during a closed
session. Minutes and general accounts of closed sessions ace discussed in Rule 24.
Rule 22. quorum
A majority of the actual membership of the board [excluding vacant seats] shall constitute a quornm. A
majority is more than half The chair [shall] [shall not] be considered a member of the boazd in determining
the number on which a majority is based and in counting the number of members actually present. A
,uember who has withdrawn from a meeting without bemg excused by majority vote of the remaining
members present shall be counted as present for purposes of detemrining whether or not a quorum is
present.
Comment: A majority of the membership is generally considered a quorum far most deliberative
bodies. Under this mle the board must decide whether it wtshes to include or exclude vacant seats
in deterntining the number of board members on which a quomm will be based. Either option is
acceptable unless a specific statute or other mle governing the board specifies how a quorum is to
be determined. For example, city councils in North Carolina must exclude vacant seats from the.
count (G.S. 160A-74), while boards df county commissioners must include them (G.S. 153A-43).
The mle allows the board to choose whether to count the chair as a boazd member for quonrrn
purposes; the board may choose not to count the chairif that person has a vote only in the case of
;a t;e. The last sentence of this rule prevents a member from defeating a quorum by simply leaving
:'the meeting.
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Rule 23. Public Hearings
Public hearings required by law or deemed advisable by the boazd shall be organized by a special' orderithat
sets forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time
allotted for each speaker, and other pertinent matters. The special order is adopted by a majority vote. Its
specifications may include, but are not limited to, roles fixing the maximum time allotted to each speaker;
providing for the designation of spokespersons for groups of persons supporting or opposing the same
positions; providing for the selection of delegates from groups of persons supporting or opposing the same
positions when the number of persons wishing to attend the hearing exceeds the capacity of the hall (so
long as arrangements are made, in the case of hearings subject to the open meetings law, for [hose excluded
from the hall to listen to the hearing); and providing for the maintenance of order and decornm in the
conduct of the hearing.
All notice and other requirements of the open meetings law applicable to board meetings shall also
apply to public hearings at which a majority of the board is present; such a hearing is considered to be part
of a regular or special meeting of the board. These requirements also apply to hearings conducted by
appointed or elected committees of board members, if a majority of the committee is present. A public
hearing for which any required notices have been given maybe continued to a time and place certain
without further advertisement. The requirements of Rule 2(c) shall be followed in continuing a hearing at
which a majority of the boazd, or of a boazd committee, as applicable, is present.
At the time appointed for the hearing, [the board shall vote to open the hearing and] the chair or his or
her designee shall call the hearing to order and then preside over it. When the allotted time expires, or
earlier, if no one wishes to speak who has not done so, the presiding officer [shall declaze the hearing
ended] [shall entertain or make a motion to end the hearing].
Comment: Local boazds maybe required or may desue to hold public hearings from time to time
concerning particulaz matters. The power to do so can probably be implied from the fact that the
board was created to deal with matters of public concern, unless a specific statute provides
otherwise. The boazd should consult its enabling statutes and its attorney if it has any questions
about its authority to conduct public hearings.
This rule provides a procedure for calling public hearings. It also provides for the board to
adopt roles governing the conduct of hearings and to continue hearings without further
advertisement. T7tese provisions are very similar to the authorizations in the public hearing
statutes for city and county governing boards (G.S. 160A-81 and 153A-52, respectively) and can
be followed by most small local government boards that aze authorized to hold public hearings.
Public hearings, like other board meetings, are also subject to the notce, continuation, and
other requirements of the open meetings law, if a majority of the board is present at the hearing,
since legally such a hearing is part of a meeting of the board. Appointed or elected committees of
the board aze probably also covered by this law, although this point is not completely free from
doubt. Those requirements are reflected in this role. As part of a board or committee meeting, a - -
hearing may be continued to another day if the procedure for recessing meetings to a time and
place certain is followed. In keeping with the spirit of the open meetings law, the role requires that
all persons desiring to be present at a hearing covered by that law be given the opportunity to
listen to the proceedings---outside the meeting room, if necessary-if the room is4oo small to
accommodate all of them. _
~ `Some boards vote to open and close public hearings, while others simply allow the chair to
:declare the hearing open and closed. Either practice is acceptable, and the board may choose _
either option as its role.
Rule 24. Minutes
Full and accurate minutes of the board proceedings, including closed sessions, shall be kept. The board
shall also keep a general account of any closed session so that a person not in attendance would have a
reasonable understanding of what transpired. These minutes and general accounts shall be open to
inspection of the public, except as otherwise provided in this rnle. The exact wording of each motion and
the results of each vote shall be recorded in the minutes, and on the request of any member of the board,
the entire board shall be polled by name on any vote. Members' and other persons' comments may be
included in the minutes if the board approves.
Minutes and general accounts of closed sessions may be sealed by action of the board. Such sealed
minutes and general accounts maybe withheld from public inspection so long as public inspection would
frustrate the purpose of the closed session.
Comment: The open meetings law requires that full and accurate minutes be maintained of all
official meetings of ail public bodies, including closed sessions [G.S. 143-318.11(a)]. The minutes
are the official legal record of board actions and aze a matter of public record. To be "full and
accurate," they must include all actions taken by the board and must note the existence of
conditions needed to take action, such as the existence of a quorum. However, the minutes need
not record the board's discussion. Particulaz comments by members or other persons may be
included in the minutes if the board so desires. Since the boazd usually takes action by motion
(Rule 8), all motions that are made must be included in the minutes, along with a record of the
motions' disposition. The mle also allows any member to request that the minutes include a record
of how each member voted.
Under the open meetings law, the boazd must also keep a "general account" of what transpires
in closed sessions. This wording probably requires that a somewhat more detailed account of these
sessions be kept than would typically be found in the minutes, especially if the minutes record
only action :and conditions needed to take action. Tl.e boazd should consult with its attorney
concerning what general accounts of closed sessions should include.
Finally, the rule includes the pemrission granted in G.S. 143-318.11(e) to withhold minutes and
general accounts of closed sessions from public inspection for as long as necessary to avoid
frnstrating the purpose of the closed session. Note that the statu+.e perndts, but does not require,
closed session minutes and general accounts to be sealed. The board should vote to seal these
records if it wishes to do so or is advised to do so by its attorney. It must also provide for their
unsealing, either by boazd action or by action of an agent of the board, such as its attorney, if and
when the closed session's purpose would no longer be frustrated by making these records public.
For a discussion of minutes and genera] accounts of closed sessions, see David M. Lawrence,
"1997 Changes to the Open Meetings and Public Records Laws," Local Government Law Bulletin
No. 80 (August 1997).
Rule 25. Appointments
The board may consider and make appointments to other'bodies, including its own committees, if any, only
in open stssion. The board may not consider or fill a vacancy among its own membership except in open
.a
sesstgrl,~
The board shall use the following procedure to make appointments to various other boards and
committees: [The appointtnent committee of the board shall report on nominations received and reviewed
and make its appointment recommendations, if any.] The chair shall [then] open the floor for nominations,
whereupon the names of [other] possible appointees may be put forward by the board members. The names
submitted [by the committee and by individual board members] shall be debated. When the debate ends
the chair shall call the roll of the members, and each member shall cast his or her vote.
[The nominee(s) receiving the highest number of votes shall be appointed. If more than one appointee is
to be selected, then each member shall have as many votes as there are slots to be £lled. A member must
cast all of his or her votes and cast them for different nominees.]
[The voting shall continue until one nominee receives a rnajoriry of the votes cast, whereupon he or she
shall be appointed. If more than one appointee is to be selected, then each member shall have as many
votes in each balloting as there are slots to be filled, and votes from a majority of the members-voting shall
be required for appointment. During each balloting, a member may cast all of his or her votes or fewer than
all of them, but he or she shall not cast more than one vote for a single candidate.]
Comment: The first paragraph of this rnle states some of the requtrements of the open meetings
law concerning appointments by public bodies. The options presented in the following paragraphs
detail some of the possible methods that may be used to make appointments. If the board wishes
to vote by written ballot, it should consult Rule 13, which states the requirements of the open
meetings law for use of written ballots by public bodies.
Some boards use an appointment committee. The committee receives nominations from the
board members and perhaps from other persons, reviews the nominees' qualifications, and reports
its recommendations to the full board. This procedure is provided for by the optional language in
the second paragraph of the rnle. Many boards also use public advertisements to solicit
applications for appointment from citizens. See Rule 26 concerning the applicability of the open
meetings law to all board committees, including the appointment committee.
Rule 26. Committees and Boards
(a) Establishment and Appointment. The board may establish and appoint members for such temporary
and standing committees and boards as ate required by law or needed to help carry on the board's work.
Any specific provisions of law relating to particular committees and boards shall be followed.
(b) Open Meetings Law. The requirements of the open meetings law shall apply to all elected or
appointed authorities, boazds, commissions, councils, or other bodies of a local governmental unit that are
composed of two or more members and that exercise or are authorized to exercise legislative, policy-
making, quasi-judicial, administrative, or advisory functions. However, the law's requirements shall not
apply to a meeting solely among a unit's professional staff.
Comment: Rule 26(a) recognizes that it is common for many boards to appoint committees or
other groups to aid the board in its work. Such groups maybe composed of board members only,
of other persons only, or of a combination of board members and other persons. Specific statutes
may govern some of these committees and boards.
Rule 26(b) states rr..quirements of G.S. 143-318.10(b) and (c) (parts of the open meetings law),
In determining if a group is covered by the open meetings law, whether the group is called a
commission, authority, or committec is generally no[ important, nor does it matter who within the
local government established the group.
-At least two ambiguities exist concerning the open meetings law's coverage with respect to
focal governments. First, the law does not apply to "a meeting solely among the professional staff
yam, of a public body." The scope and meaning of this statutory phrase is unclear. Second, it is
sometimes difficult to determine the circumstances in which nonprofit entities are subject to the
law. For more information on these points, see David M. Lawrence, Open Meetings and Local
Governments rn North Carolina: Some Questions and Answers, 5th ed. (Chapel Hill: Institute of•
Government, 1998): 2-5.
Rule 27. Amendment of the Rules
These roles may be amended at any regular meeting or at any properly called special meeting that includes
amendment of the roles as one of the stated purposes of the meeting, unless a statute or a role of the body
that created the board provides otherwise. Adoption of an amendment shall require an affirmative vote
equal to a quomm.
Comment: Local boards may generally amend their roles of procedure whenever they choose,
unless a statute or a 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 ap} rove an amendment.
Rule 28. Reference to Robert's Rules of Order
Boards shall refer to the current edition of Robert's Rules of Order Newly Revised, to answer procedural
questions not resolved in these roles, so long as RONR does not conflict with North Carolina law or with
the spirit of these rules.
_ `,
Comment: RONR was designed to govern large legislative assemblies, and many of its provisions
may be inappropriate for small boards. Nevertheless, it is a good source of pazliamentary
procedure; caze should simply be taken to adjust RONR to meet the needs of small local
govemment bo~. ds.
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Appendix A
Some of the Procedural Statutes Governing Some Small Local
Government Boards in North Carolina
Note: The North Carolina General Statutes are referred to as G.S.
Alcoholic Beverage Control Board
G.S.18B-700
Appearance Commission
G.S.160A-451
Area Mental Health, Developmental Disabilities, and Substance Abuse Authority
G.S. 122C-116, -118 to -119.1
Board of Adjustment
City: G.S. 160A-388
County: G.S. 153A-345
Board of Education
G.S. 116C-35, -37 to -37.1, -39, -41, -45
Board of Elections
G.S. 163-30 to -31, -33.1
Board of Equalization and Review
G.S. 105-322
Board of Health
G.S.130A-35,-37
Board of Social Services
G.S. 108A-1 to =7
Community-Based Alternatives Youth Services Advisory Committee
G.S. 7A-289.13
Community Child Protection Team and Child Fatality Prevention Team
G.S. 143-576.1 to -576.6, 143-578
Dangerous Dog Board and Appellate Board
G.S. 67-4.1(c)
Ecoriorhic Development Commission
G.S:158-8 to -9
Fire Protection District Commission
G.S. 69-25.7 "' '..
y
Historic Preservation Commission
G.S. 160A-400.7
Hospital Authority Board of Commissioners
G.S. 131E-17 to -19, -21 to -22
Housing Authority
G.S. 157-5 to -8, -34, -36
Library Board of Trustees
G.S.153A-265to-266
Metropolitan Sewerage District Board
G.S.162A-67
Metropolitan Water District Board
G.S.162A-34
Municipal Hospital Governing Authority
G.S. 131E-7(c), -9
Parks and Recreation Commission
G.S.160A-354
planning Agency
Clry: G.S. 160A-361
County: G.S. 153A-32]
Public Transportation Authority
G.S. 160A-577
Regional Council of Governments
G.S. 160A-473
Regional Planning Commission
G.S.153A-392,-394
Regional Solid Waste Management Authority
G.S. 153A-424 to -425
Regional Sports Authority
G.S. ],60~-479.4 to -479.5
'~ ,
Sanitary District Board
G.S.130A-50,-54,-56
Soil and Water Conservation District Board of Supervisors
G.S. 139-6 to -7
Water and Sewer Authority
G.S.162A-5
Watershed Improvement Commission
G.S. 139-41
~ ;
Appendix B
~..
Some of the Procedural Statutes Governing Some Small Local
THe rxoceoutGU. MoTroNS permitted under these rules are set out in full in Rule 16(b). Under that rule all
"° procedural motions aze debatable and none require a second. All may be amended, subject to the stated
limitations on motions to amend (Rule 16(b), Motion 13]. Except where indicated otherwise, procedural
motions may interrupt deliberations on a pending substantive matter.
The required vote for adoption of a procedural motion is generally a majority of the votes cast, a
quomm being present. In a few cases, the required number of votes is the same number as is required for a
quomm. Thus, for example, if a quorum of a board is four, the number of votes required to adopt the
motion is four.
Vote
Motion Required Special Requirements
1. To Appeal a Majority Is in order immediately after the presid-
Procedural ing officer announces a procedural ml-
Ruling of the ing, as specified in Rule 7, and at no
Presiding Officer other time. The member making the
[page 16] motion need not be recognized by the presiding
officer, and the motion if timely made may not
be ruled out of order.
2. To Adjourn Majority May not interrupt deliberation of
[page 17J pending substantive matter.
Motion to [recess] [adjourn] to a time
and place certain must also compl;' with
Rule 2(c).
3. To Take a Brief Majority None.
Recess [page 17]
4. Call to Follow Malority Must be made at fast reasonable oppor-
the Agenda tunity, or the right to make it is waived
[page 18] for the out-of--order item in question.
5. To Suspend the [Majority] .The board may not suspend provisions
Rules [Two-thirds] of the roles that stag requirements
[page 18] of entire imposed by law on the boazd.
membership
6. Ta Go into Majority Motion must cite one or more of the per-
Closed Session missible purposes for closed sessions listed
[page 18] in G.S. 143-318.11(a) and must be adopted
~:.;
at an open meeting. A motion based on
G.S. 143-318.11(a)(I) must also state the name
or citation of the law that renders the information
to be discussed privileged or confidential. A motion
based on G.S. 143-318.11(a)(3) must identify
the parties in each existing lawsuit concerning
which the public body expects to receive advice
during the closed session, if in fact such advice
is to be received.
7. To Leave Majority None.
Closed Session
[page 19]
8. To Divide a Majority None.
Complex Motion
and Consider It
by Paragraph
[page 19]
9. To Defer Majority A substantive motion the consideration
Consideration of which has been deferred expires 100
[page 19] days thereafter unless a motion to revive
consideration is adopted. (See Motion 14.)
While a deferred motion remains pending,
a new motion with the same effect cannot be
introduced.
Caution: Do not confuse with Motion 11.
10. Motion for Majority Not in order until there have been at
the Previous leas[ 20 minutes of debate and every
Question member has had an opportunity to
[page 20] speak once.
11. To Postpone to Majority While a postponed motion remains
a Certain Time pending, a new motion with the same
or Day [page 20] effect cannot be introduced.
Caution: Do not confuse with Motion 9.
12. To Refer a Majority [60] days or more after a substantive
Motion to a motion has been referred to a commit-
Committee tee, the introducer may compel consid-
[page 21] eration of the measure by the entire board,
whether or not the committee has reported
the matter to the board.
13. To Amend Majority (a) Amendments must be pertinent to
[page 21] the subject matter of the motion being amended.
An amendment is improper if adoption of the
amendment would have the same effect as rejection
~ i of the original motion. A proposal to substitute
J
..~ a different motion shall be treated as a motion to
amend. (b) A motion maybe amended, and that
,~ .
y
amendment maybe amended, but no further
amendments may be made until the last-offered
amendment is disposed of by a vote. (c) Any
amendment to a proposed [order] [policy] [regulation]
(resolution] shall be reduced to writing before the
vote on the amendment.
14. To Revive Majority In order at any time within 100 days
Consideration after the day of a vote to defer consid-
[page 22] eration (Motion 9). Failure to adopt Motion 14
within the 100 day period results in expiration
of the deferred substantive motion.
15. To Reconsider Majority Must be made by a member who voted
(page 23] with the prevailing side (the majority side
except in the case of a tie; in that case the
"nos" prevail). May only be made at the
meeting during which the original vote was
taken, including any continuation of that
meeting through [recess] [adjournment] to
a time and place certain. Cannot interrupt
deliberation on a pending matter, but is in
order at any time before final adjournment
of the meeting.
16. To Rescind or Majority Not in order if rescission or repeal of
Repeal an action is forbidden by law.
(page 23]
17. To Prevent [Majority] In order immediately following the
Reintroduction [ i .=o-thirds] defeat of a substantive m, ,ion and at
for Six Months of er:;ire no other time. If adopted, the restric-
[page 23] membership lion imposed by the motion remains in
effect for six months or until the next
organizational meeting of the boazd,
whichever occurs fast.
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