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Get a llocumcnt - by Citation Gen. Suit. § I ~3A-40 Page 2 0l
<br />G09
<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 />(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; 19691-E 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was repealed.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, 1S8 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
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