5.D. PRSR 07-12-2005 - Laserfiche WebLink

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essential to discuss or act on the item immediately. - - Comment: Rule 2(a) combines the special meeting notice requirements of [he open meetings law found in G.S: 143-318.12(b) with the idea that all board members must be notified of any specia'l' meetings that some of the members may call. Different boards will have different roles concerning who may call special meetings, depending on either their governing statutes nI mle5 or on the board's preferences. The board will want to be notified of special meetings called by a few of their number at least as far ahead of time as members of the news media and other persons on the board's "sunshine list" are notified (font'-eight hours) [see G.S. 143-318.12(b)(2)]. A discussion of procedures and possible fees for inclusion on the "sunshine list" can be found in G.S. 143-318.12(b)(2). While written notice to the board members themselves is not specifically required in the statutes, such notice helps to avoid questions about whether all board members knew df the meeting and had an opportunity to attend. A boazd's actions may be subject to challenge if a - special meeting is deliberately called ina manner that precludes participatidn by one or more of the members. The second pazagraph of Rule 2(a) deals with special meetings called during another duly called meeting. Under the open meetings law, forty-eight hours' advance notice of the time, place, and purpose of special meetings called in this manner must be mailed or delivered to the news media and other persons on the boazd's "sunshine list," as required with any other special meeting. The law generally requires no special notice to boazd members of a special meeting called during another meeting, since presumably all members were present or had the opportunity to be present at the meeting where the special meeting was called or scheduled. An optional provision of this role allows the board to go a bit beyond what the law specifies by providing notice to members who were absent from the meeting where the scheduling took place. ~.i Under these roles, no iterns maybe added to the agenda for a special meeting unless all of the members are present and they determine in good faith that the item to be added must be discussed or acted on immediately. The open meetings law requires that the purpose of a special meeting be stated in the meeting notice. While the law contains no explicit restrictions that would prevent the boazd from taking up unannounced subjects at a special meeting, this role recognizes that there is probably some implicit "good faith" limit on adding unannounced subjects to the agenda. Recognizing such a limit avoids surprise to absent board members and to others who might have attended the meeting, had they known that the additional item would be placed on the agenda. It is especially appropriate not to consider the extra item if it could be dealt with at another special meeting scheduled with the proper forty-eight hours' notice. (b) Emergency Meetings. The chair [or a majority of the members] may a[ any time call an emergency meeting of the board by signing a written notice stating the time and place of the meeting and the subjects to be considered. Written or oral notice of the meeting shall be given to each board member and to each local newspaper, local wire service,local radio station, and local television station that has filed a written emergency meeting notice request with [the board's clerk] [the board's secretary] [some other person designated by the board], and whose request includes the newspaper's, wire service's, or station's telephone number. Notice to the news media shall be given at [he expense of the party notified. Emergency meetings maybe called only because of generally unexpected circumstances that require immediate consideration by the boazd. Only business connected with the emergency may be considered at an ertlergency meeting.' • Comment: Rule 2(b) states the requirements of the open meetings law concerning emergency ~~ meetings [G.S. 143-318.12(b)(3)]. Because emergency meetings are by their nature unexpected, it