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`r0% <br />LEE COUNTY <br />Committed Today for u Better Tomorrow <br />MEMORANDUM <br />TO: COMMISSIONERS �/ g <br />FROM: K. R. HOYLE, COUNTY ATTORNEY le <br />DATE: DECEMBER 1, 2010 <br />REF: SELECTION OF CHAIRMAN AND VICE - CHAIRMAN <br />North Carolina General Statute § 153A -39 provides in part as follows: <br />"At the first meeting in December of each year, the Board of Commissioners <br />• shall choose one of its members as Chairman for the ensuring year.... The <br />Board shall also at that time choose a Vice- Chairman to sit in the absence or <br />disability of the Chairman." <br />The regular methods of voting according to Robert's Rules of Order are as follows; (1) by <br />voice; (2) by rising, (3) by show of hands; or (4) by ballot. <br />The Open Meetings Law (specifically N.C. General Statute § 143 - 3128(13) prohibits voting by <br />secret ballot by a public body. It does permit use of a written ballot under the following <br />conditions: <br />(a) Each member of the Board so voting shall sign his /her ballot. <br />(b) The minutes of the Board shall show the vote of each member. <br />(c) The ballot shall be available for public inspection in the Office of the Clerk to the <br />Board immediately following the meeting at which the vote took place and until the <br />minutes of that meeting are approved, at which time the ballots may be destroyed. <br />The custom in the past has been to use written ballots. A sample ballot has been prepared for <br />review and use. <br />• <br />