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Agenda Package - 09-04-07 (Spec. Meet.)
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Agenda Package - 09-04-07 (Spec. Meet.)
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Board of Commissioners
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vw.. v.... <br />JJ/µ1C1 4 IJ VI. U~IIa,I II - ~ v.. <br />Y <br />I.,--- - <br />In addition to the procedures set out in this subsection, a person or persons calling a special <br />or emergency meeting of the board of commissioners shall comply with the notice <br />requirements of Article 33B of General Statutes Chapter 143. <br />10 (c) The board of commissioners shall hold all its meetings within the county except: <br />(1) In connection with a joint meeting of two or more public bodies; provided, however, <br />that such a meeting shall be held within the boundaries of the political subdivision <br />represented by the members of one of the public bodies participating; <br />(2) In connection with a retreat, forum, or similar gathering held solely for the purpose of <br />providing members of the board with general information relating to the performance of their <br />public duties; provided, however, that members of the board of commissioners shall not vote <br />upon or otherwise transact public business while in attendance at such a gathering; <br />(3) In connection with a meeting between the board of commissioners and its local <br />legislative delegation during a session of the General Assembly; provided, however, that at <br />any such meeting the members of the board of commissioners may not vote upon or <br />otherwise transact public business except with regard to matters directly relating to <br />legislation proposed to or pending before the General Assembly; <br />(4) While in attendance at a convention, association meeting or similar gathering; <br />provided, however, that any such meeting may be held solely to discuss or deliberate the <br />board's position concerning convention resolutions, elections of association officers and <br />similar issues that are not legally binding upon the board of commissioners or its <br />constituents. <br />All meetings held outside the county shall be deemed "official meetings" within the meaning <br />of G.S. 143-318.10(d). <br />HISTORY: Code, s. 706; Rev., s. 1317; C.S., s. 1296; 1945, c. 132; 1951, c. 904, s. 1; <br />1961, c. 154; 1967, c. 617, s. 1; 1969, c. 349, s. 1; c. 1036; 1973, c. 822, s. 1; 1977, 2nd <br />Sess., c. 1191, s. 6; 1985, c. 745. <br />NOTES: <br />EDITOR'S NOTE. --Article 33B of Chapter 143, referred to in subsection (b) of this section, <br />was repealed. For present provisions concerning meetings of public bodies, see Chapter 143, <br />Article 33C (G.S. 143-318.9 through 143-318.18.) <br />LEGAL PERIODICALS. --For survey of 1978 administrative law, see 57 N.C.L. Rev. 831 <br />(1979). <br />CASE NOTES <br />STATUTE SETTING DAYS FOR MEETINGS WAS DIRECTORY and was intended to forbid <br />commissioners from receiving compensation for attendance on days other than those of <br />regular meetings. It did not disable the commissioners from acting at other times on due <br />notice to all concerned. People ex rel. McNeill v. Green, 75 N.C. 329 (1876), decided under <br />former law. <br />COMMISSIONERS ELECTED BY COUNTY COMMISSIONERS AT AN ADJOURNED MEETING <br />SUBJECT TO THE CALL OF THE CHAIRMAN WERE AT LEAST DE FACTO OFFICERS, whose title <br />could not be collaterally attacked. Tripp v. Commissioners of Pitt County, 158 N.C. 180, 73 <br />S.E. 896 (1912), decided under former law. <br />CITED in News & Observer Publishing Co. v. Interim Bd. of Educ., 29 N.C. App. 37, 223 <br />http://w%nnv.lcxis.com/research/retricve? m=96cacc2819905253b90c2b3d4acd4147& bro... 8/29/2007 <br />
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