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Get a Document - by Citation - N.C. Gen. Stat. § 153A -40
<br />009
<br />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, that
<br />such a meeting shall be held within the boundaries of the political subdivision represented by
<br />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 legislative
<br />delegation during a session of the General Assembly; provided, however, that at any such
<br />meeting the members of the board of commissioners may not vote upon or otherwise transact
<br />public business except with regard to matters directly relating to legislation proposed to or
<br />pending before the General Assembly;
<br />(4) While in attendance at a convention, association meeting or similar gathering; provided,
<br />however, that any such meeting may be held solely to discuss or deliberate the board's position
<br />concerning convention resolutions, elections of association officers and similar issues that are
<br />not legally binding upon the board of commissioners or its constituents.
<br />All meetings held outside the county shall be deemed "official meetings" within the meaning of
<br />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; 1961,
<br />c. 154; 1967, c. 617, s. 1; 1969, c. 349, s. 1; c. 1036; 1973, c. 822, s. 1; 1977, 2nd Sess., c.
<br />1191, s. 6; 1985, c. 745.
<br />NOTES: EDITOR'S NOTE. -- Article 33B of Chapter 143, referred to in subsection (b) of this
<br />section, was repealed. For present provisions concerning meetings of public bodies, see Chapter
<br />143, 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 (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 regular
<br />meetings. It did not disable the commissioners from acting at other times on due notice to all
<br />concerned. People ex rel. McNeill v. Green, 75 N.C. 329 (1876), decided under'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 S.E.
<br />896 (1912), decided under former law.
<br />APPLIED in Frank v. Savage, -- N.C. App. - -, 695 S.E.2d 509 (July 6, 2010).
<br />CITED in News & Observer Publishing Co. v. Interim Bd. of Educ., 29 N.C. App. 37, 223 S.E.2d
<br />580 (1976); MacDonald v. Newsome, 437 F. Supp. 796 (E.D.N.C. 1977); Wright v. County of
<br />Macon, 64 N.C. App. 718, 308 S.E.2d 97 (1983); Pittman v. Wilson County, 839 F.2d 225 (4th
<br />Cir. 1988).
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