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002 <br />EE COUNTY <br />- m~ <br />Committed Today for a Better Tomorrow <br />MEMORANDUM <br />TO: COMMISSIONERS <br />FROM: K. R. HOYLE, COUNTY ATTORNEY <br />DATE: NOVEMBER 26, 2008 <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 <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 <br />or disability of the Chairman." <br />The regular methods of voting according to Robert's Rules of Order are as follows, (1) <br />by 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 <br />voting by secret ballot by a public body. It does permit use of a written ballot under the <br />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 <br />the Board immediately following the meeting at which the vote took place <br />and until the minutes of that meeting are approved, at which time the ballots <br />may be destroyed. <br />The custom in the past has been to use written ballots. A sample ballot has been <br />prepared for use. <br />8 <br />