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5.D. PRSR 07-12-2005
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5.D. PRSR 07-12-2005
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questions and thoroughly explore the proposals that must be voted on at the regular meeting. Note <br />that such an agenda meeting or work session is considered a meeting of the boazd for purposes of <br />the open meetingslaw and is subject to the regular or special meeting requirements in these mlest. <br />Generally, these boards take a stricter approach and do not allow late additions to regular meeting <br />agendas unless an emergency exists. <br />These rnles require a stricter approach for agendas of special meetings, because of open <br />meetings law concerns. Under this approach, items may be added to the agenda of a special <br />meeting only if all members aze present and the boazd determines in good faith that it is essential <br />to discuss or act on the item immediately. This restriction avoids surprise and is consistent with <br />the spirit of the open meetings law, although neither requirement is actually part of the law. See <br />the statement of public policy underlying the law in G.S. 143-318.9. For further discussion of <br />adding items to special meeting agendas, see the Comment to Rule 2(a). <br />Rule 4(a) requires that longer or more complex proposals be in writing and attached to the <br />agenda, so that boazd members will have a cleaz idea of the issues with which they will be dealing. <br />The board may choose what sorts of proposed orders, policies, regulations, resolutions, or other <br />items it wishes to make subject to this requirement. The board may also require that copies of <br />relevant documents be provided to all board n.embems when additions to the agenda aze proposed <br />at the meeting. <br />Some boards also use an agenda package to provide background informatron about proposed <br />agenda items to the board members. The use of such a package is optional. <br />Small boazds frequently desire to discuss an issue infomtally, attempting to reach a group <br />consensus, before a formal motion is proposed. While standazd pazliamentary practice requires <br />that a motion be made before any discussion can occur, conducting discussion first can be very <br />useful to a small board. Such discussion may be especially important if the boazd does not hold <br />agenda meetings or work sessions at which the members can discuss issues among themselves, <br />before the more formal meetings at which the board generally takes action. This mle authorizes <br />the practice of "discussing before moving" by permitting the board to designate particulaz agenda <br />items "for discussion and possible action." If a motion is later made, discussion on the motion is <br />then in order. <br />The board's clerk, secretary, or chief administratve officer may fmd it convenient to maintain <br />a mailing list of interested parties who wish to receive a copy of the proposed agenda and/or <br />agenda package regularly. Since the background materials included with the proposed agenda in <br />the agenda package maybe quite voluminous, the board may wish to charge those receiving the <br />full. agenda package for the cost of reproduction. At the very least, the board should make <br />provision for the public to inspect and copy the agenda package in the offices of whoever provides <br />administrative services for the board, since the agenda package is a matter of public record open <br />to public inspection. <br />Comment to (c): The last paragraph of tF~is mle paraphrases the open meetings law's restrictions <br />on acting by reference to agendas or other items [see G.S. 143-318.13(c)]. <br />Rule 5. Public Address to the Board <br />Any individual or group who wishes to address the board shall make a request to be on the agenda to the <br />board's [clerk] [secretary] [chief administrative officer]. However, the board shall determine at the meeting <br />whether it will hear the individual or group. - <br />t , <br />'Comment: The board may decide as a matter of general policy to set aside part of each meeting <br />for individuals or groups to address the board, although it is not legally required to do so. This i,,. ; <br />
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