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C)02 <br />LEE COUNTY <br />E Y V <br />~M1F <br /> <br />is+ <br />{ . <br />g <br />yF <br />..w <br /> <br />ra <br />. a „k.S,as <br />4A lam.. .e: <br />Committed Today for a Better Tomorrow <br />MEMORANDUM <br />TO: COMMISSIONERS <br />FROM: K. R. HOYLE, COUNTY ATTORNEY k4-)d- <br />DATE: NOVEMBER 27. 2007 <br />REF: SELECTION OF CHAIRMAN AND VICE-CHAIRMAN <br />North Carolina General Statute § 153A-39 provides in part as follows: <br />"At its first meeting in December of each year, the Board of Commissioners shall <br />choose one of its members as Chairman for the ensuring year The Board shall <br />also at that time choose a Vice-Chairman to sit in the absence or disability of the <br />Chairman." <br />The regular methods of voting according to Robert's Rules of Order are as follows: (1) by voice, <br />(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 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 />use. <br />