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2004 - 12-13-04 Regular Meeting
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2004 - 12-13-04 Regular Meeting
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2/25/2009 8:19:20 AM
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Admin-Clerk
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Minutes
Committee
Board of Commissioners
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OK <br />U 0 <br />"v PicP 1 66 <br />INTRODUCTION <br />These rules of procedure were designed for use by a North Carolina board of county <br />commissioners. Essentially, the rules are a modified version of Robert's Rules of Order, <br />Revised. Robert's Rules is intended to guide the deliberations of a large legislative body; <br />consequently, it is not always appropriate for a small governing board, which can afford <br />to proceed with much les formality. Another valuable resource consulted for this revision <br />of the rules was Muson's Manual of Legislative Procedure. Mason's Manual is intended <br />primarily for state legislatures, but its extensive discussion of the basic principles of <br />parliamentary 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 to <br />adopt its own rules of procedure if these conform to "goenerally accepted principles of <br />parliamentary procedure" and do not conflict with applicable law. Mason's Manual <br />suggests that parliamentary law affecting the work of a board of county commissioners <br />can be summarized in ten basic principles: <br />The board can take only those actions that it has authority or jurisdiction to take. <br />A corollary of this principle is that the board's action, to be valid, must not violate <br />any applicable law or constitutional provision. This is simply another <br />manifestation of the familiar legal doctrine that a unit of local government has <br />only those powers conferred on it by law or necessarily implied from some <br />specific grant of power. <br />2. The board must meet in order to act. Under North Carolina law, the powers <br />conferred on the county governing board are exercised by the county board of <br />commissioners as a group, not by its individual members. Therefore, the group <br />must meet in order to act. <br />3. All board members must receive proper notice of meetings. Since all members <br />are equally entitled to participate in board meetings, each member must be <br />properly notified of the place, time, and purpose of 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. Except when <br />electing their own officers or balloting for appointments, legislative bodies <br />proceed by voting yes or no on specific proposals put forward by one or more <br />members. Each member has the right to know at all times what question is before <br />the board and what effect a yes or no vote would have on that questions. <br />6. There must be opportunity for debate. The very nature of a deliberative body <br />requires that members share information and opinion about matters before the <br />board. <br />
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