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

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Motion 6. To Go into Closed Session. The board may go into closed session only for one or more of the permissible purposes listed in G.S. 143-318.11(a). The motion to go into closed session shall cite one or more of these purposes and shall be adopted at an open meeting. A motion based on G.S. 143-318.11(a}(I ) shall also state the name or citation of the law that renders the information to be discussed privileged or confidential A motion based on G.S. 143-318(a)(3) shall identify the parties in each existing lawsuit concerning which the board expects to receive advice during the closed session, if in fact such advice is to be received. Comment: The requirements for this motion are found in G.S. 143-318.11(c). They include extra requirements for motions based on G.S. 143-318.11(a)(1), and for those motions based on G:S. 143-318.11(a)(3) that concern a closed session where the board expects to receive advice about an existing lawsuit or lawsuits. G.S. 143-318.11(a)(1), cited in the role, allows closed sessions "[t]o prevent the disclosure of information that is privileged or confidential pursuant to the law of [North Carolina] or the United States, or not considered a public record within the meaning of Chapter t32 of the General Statutes." Part of G.S. 143-318.11(a)(3), also cited, allows a board in closed session to "consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, azbitration, or administrative procedure." Motion 7. To Leave Closed Session. Comment: Tlris motion provides a procedural mechanism for returning from closed session to an open meeting. Under the open meetings law, public bodies probably must return to open session once they have concluded their closed session business, even if they have no other business to transact except adjourning the meeting. Motion 8. To Divide a Complez Motion and Consider It by Paragraph. The motion is in order whenever a member wishes to consider and vote on subparts of a complex motion separately. Comment: This motion is the same as the two motions-division of a question and consideration by paragraph-in RONR, except that it is debatable. Motion 9. To Deter Consideration. The boazd may defer a substantive motion for later consideration at an unspecified time. A substantive motion the consideration of which has been defened expires 100 days thereafter unless a motion to revive consideration is adopted. If consideration of a motion hasbeen deferred, a new motion with the same effect cannot be introduced while the deferred motion remains pending (has not expired). A person who wishes to revisitthe matter during that time must take action to revive consideration df the original motion [Rule 16(b), Motion 14], or else move to suspend the roles [Rule 16(b), Motion 5]. Comment: This motion allows the board temporarily to defer consideration of a proposal. It may be debated and amended. A motion that has been defened dies if it is not taken up by the board [via a motion to revive consideration, Rule 16(b), Motion 14] within a specified number of days of the vote [o defer consideration. One hundred days is merely a suggested period of time. Note the restriction on malting a new motion with the same effect while a motion remains defened. ~ i This motion should be distinguished from the motion to postpone to a certain time or day [Rule lb(b), Motion 11]. A matter that has been postponed to a certain time or day is brought up again t( automatically when that time arrives. Board action (approval of a motion to revive consideration) i~