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

Home Browse Search

is assumed that they will not be called during the course of another meeting but will be called when needed by whoever is authorized to call them (for example, the chair or a majority of [he members of the boazd). .,, . (c) Recessed [or Adjourned] Meetings. A properly called regular, special, or emergency meeting may be recessed [or adjourned] to a time and place certain by a procedural motion made and adopted as provided in Rule 16(b), Motion 2, in open sessionduring the regular, special, or emergency meeting. The motion shall state the time and place when the meeting will reconvene. No further notice need be given of such a recessed [or adjourned] session of a properly called regular, special, or emergency meeting. Comment: In Rule 2(c), note that a motion to recess (or adjourn) a meeting to a time and place certain must comply with the requirements of Rule 16 concerning procedural motions. See both that rnle's general requirements and the particular requirements of Motion 2 of Rule 16. It must be made in open session, because under the open meetings law the making of such a motion is not listed as an action that is pemiltted during a closed session. (See Rule 21 concerning closed sessions.) The open meetings law specifies that if proper notice was given of the original meeting, and if the time and place at which the meeting is to be continued is announced in open session, no further notice is required for the recessed session. As explained in the Comment to Rule 16, Motion 2, the temts "recess to a time and place certain" and "adjourn to a time and place certain" aze both forms of the metion to adjourn, and aze used interchangeably in these rnles and in North Carolina practice. The open meetings law uses "recess to a time and place certain," while other statutes sometimes use "adjourn to a time or place certain" [see, for example, G.S. 153A-40(a)] or state the temps recess and adjourn as alternatives [see, far example, G.S. 160A-71(bl)]. Rule 3. Organizational Meeting On the date and at the time of [the first regular meeting] in [July], the newly [appointed] [elected) members shall take and subscribe the oath of office as the first order of [new] business. As the second order of [new] business, the board shall elect a chair, ithe or she is not otherwise selected, using one of the nomination and voting procedures set out in Rule 25. Comment: Members of local boards are typically appointed or elected at the same time every year or every other year. An organizational meeting should be held whenever new members aze selected so that they can properly qualify for office by taking and signing the required oath. The organizational meeting is often a part of another properly scheduled meeting, although it could be scheduled as a sepazate regulaz or special meeting. All public officers must take the oath of office set forth in Article VI, Section 7, of the North Carolina Constitution, unless a person is serving on a particular boazd as part of his duties on another body. [For example, a county commissioner may. be appointed by the boazd of commissioners to the board of health or social services (see generally G.S. 128-1.2).) In such a case a separate oath should not be taken. On the other hand, many boazds require their members to take the additional oaths set out in G.S. 11-7 and -11. Boazd members with questions about oaths should consult the boazd': attorney or the following Institute of Government publications: A. Fleming Bell, II, Ethics, Conflicts,. and Oj~ces; A Guide fo ,Local Officials (Chapel Hill:- Institute of Government, 1997) and Joseph S. Ferrell, "Questions T Am Frequently Asked: What Forms of Oath Should a Public Officer Take?" Popular ~G'overnment 62 (Fall 1996): 43. The board's chair is also typically elected at the organizational meeting. If new members join. '~_ .