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002 <br />LEE COUNTY <br />©o0Q ca opgg o© <br />Committed Today for a Better Tomorrow <br />MEMORANDUM <br />TO: COMMISSIONERS <br />FROM: K. R. HOYLE, COUNTY ATTORNEY <br />DATE: NOVEMBER 30, 2011 <br />REF: SELECTION OF CHAIRMAN AND VICE - CHAIRMAN <br />North Carolina General Statute § 153A -39 provides in part as follows: <br />"At the 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 or <br />disability of the Chairman." <br />The regular methods of voting according to Robert's Rules of Order are as follows <br />(1) <br />By voice <br />(2) <br />By rising <br />(3) <br />By show of hands, or <br />(4) <br />By ballot <br />The Open Meetings Law, specifically N.C. General Stature § 143 - 3128(13,) prohibits voting by <br />secret ballot by a public body. It does permit use of a written ballot under the following <br />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 />review. <br />