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2009 - 01-05-09 Regular Meeting
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2009 - 01-05-09 Regular Meeting
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2/25/2009 3:55:25 PM
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Admin-Clerk
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Minutes
Committee
Board of Commissioners
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BOOK 42 PAGt 599 <br />INTRODUCTION <br />These rules of procedure were designed for use by a North Carolina board of <br />county commissioners. Essentially, the rules are a modified version of Robert's <br />Rules of Order, Revised. Robert's Rules is intended to guide the deliberations of <br />a large legislative body; consequently, it is not always appropriate for a small <br />governing board, which can afford to proceed with much les formality. Another <br />valuable resource consulted for this revision of the rules was Mason's Manual of <br />Legislative Procedure. Mason's Manual is intended primarily for state <br />legislatures, but its extensive discussion of the basic principles of parliamentary <br />law and procedure is valuable for local governing boards as well. <br />The North Carolina law (G.S. 153A-41) permits a board of county commissioners <br />to adopt its own rules of procedure if these conform to "generally accepted <br />principles of parliamentary procedure" and do not conflict with applicable law. <br />Mason's Manual suggests that parliamentary law affecting the work of a board of <br />county commissioners can be summarized in ten basic principles: <br />1. The board can take only those actions that it has authority or jurisdiction <br />to take. <br />A corollary of this principle is that the board's action, to be valid, must not <br />violate any applicable law or constitutional provision. This is simply <br />another manifestation of the familiar legal doctrine that a unit of local <br />government has only those powers conferred on it by law or necessarily <br />implied from some specific grant of power. <br />2. The board must meet in order to act. Under North Carolina law, the <br />powers conferred on the county governing board are exercised by the <br />county board of commissioners as a group, not by its individual members. <br />Therefore, the group must meet in order to act. <br />3. All board members must receive proper notice of meetings. Since all <br />members are equally entitled to participate in board meetings, each <br />member must be properly notified of the place, time, and purpose of <br />meetings. <br />4. The board may act only with a quorum. <br />5. There must be a question before the board on which it can decide. <br />Except when electing their own officers or balloting for appointments, <br />legislative bodies proceed by voting yes or no on specific proposals put <br />forward by one or more members. Each member has the right to know at <br />all times what question is before the board and what effect a yes or no <br />vote would have on that question. <br />
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