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

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defer consideration, to postpone to a certain time or day, to refer a motion to a committee, or to suspend the rules. Or, in accord with Rule 2(c), it may recess (or adjourn) the meeting to reconvene at a specified time and place. The motion to recess or adjourn to a time and place ^- certain is a form of the motion to adjourn. As explained in the Comment [o Rule 2(c), various • , North Carolina General Statutes and North Carolina practice refer both to the terminology "recess to a time and place certain" and the phrase "adjourn to a time and place certain" [see, for example, G.S. 143-318.12(6)(1), 153A-40(a), and 160A-71(61)]. Thus both "recess" and "adjourn" are provided here as options. The motion has the same meaning regardless of the option chosen. Motion 3. To Take a Brief Recess. Comment: This motion, which allows the board to pause briefly in its proceedings, is similar to the motion to recess under RONR. To avoid confusing this motion with the motion "[o recess to a time and place certain," which is a form of the motion to adjourn under these roles and in North Carolina practice [see Rule 16(6), Motion 2, above], Motion 3 is a "motion to take a brief recess" rather than a "motion to recess." Since the number.of members is small and procedures are available to limit debate, debate is allowed on this motion. A motion to take a brief recess is in order at any time except when a motion to appeal a procedural rnling of the presiding officer or a motion to adjourn is pending. Under these roles, the presiding officer also has the power to call' a brief recess at any time (see Rule 7). Motion 4. Call to Follow the Agenda. The motion must be made at the first reasonable opportunity or it is waived. Comment: This motion is patterned on the call for the orders of the day in RONR. It differs in that it may be debated; also, unless the motion is made whenthe item of business that deviates from the agenda is proposed, the right to insist on following the agenda is waived for that item. Motion 5. To Suspend the Rules. The board may ;.ot suspend provisions of the roles that state requirements imposed by law on the boazd. For adoption, the motion requires an affirmative vote equal to [a majority] [two-thirds] of the entire membership of the boazd. [A majority is mote than half] Comment: This motion is generally the game. as the RONR motion to suspend the rules, except that it is debatable and amendable, and the number of affirmative votes required is either a majority or two-thirds of the entire membership of the boazd: Thus if a boazd has five members, three members must vote for the motion if the majority option is chosen and four members (the smallest number that is at least two-thirds) if the two-thirds option is selected. If only three or four members, respectively, aze present at a particular mee~ing, all must vote for the motion in order to adopt it: This motion is in order when the board wishes to do something that it may legally do but cannot accomplish without violating its own roles. It permits the board to exercise greater flexibility and perhaps informality than adhering strictly to the rules might allow. For example, the. board might use this motion to allow it to consider an agenda item out of order, without formally amending the agenda that it had adopted. The procedure described will pose some problems on athree-member boazd, because the role Fan,be manipulated so as to prevent one member from participating in the board's deliberations. Frequent use of [he motion to prevent one member from presenting his or her proposals to the board or from speaking on an issue before the boazd is of doubtful legality. Athree-member board may decide to require a unanimous vote for this motion to pass. ~.. .-