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

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Rule 21. Closed Sessions ~- The board may hold closed sessions as provided by law. The board shall commence a closed session only after a motion to go into closed session has been made and adopted during an open meeting. The motion shall state the purpose of the closed session. If the motion is based on G.S. 143-318.11(a)(1) (closed session to prevent the disclosure of privileged or confidential information or information that is not considered a public record), it must also state the name or citation of the law that renders the information to be discussed privileged or confidential. If the motion is based on G.S. 143-318.11(a)(3) (consultation with attorney; handling or settlement of claims, judicial actions, mediations, arbitrations, or administtanve procedures), it must identify the parties in any existing lawsuits concerning which the public body expects to receive advice during the closed session. The motion to go into closed session must be approved by the vote of a majority of those present and voting. The board shall temnnate the closed session by a majority vote, using Motion 7 of Rule 16(b). Only those actions authorized by statute maybe taken in closed session. A motion to [adjourn] [recess] shalu.ot be in order during a closed session [Rule 16(b), Motion 2j. Comment: This mle states some of the requirements of G.S. 143-318.11(c) for calling closed sessions. In particular, note the special requirements for motions to call closed sessions that are based on G.S. 143-318.11(a)(1) or, in some cases, on G.S. 143-318.11(a)(3). No attempt is made here to set forth all of the provisions of the open meetings law concerning the purposes for which closed sessions may be held and the actions that may be taken in closed session; specific information can be found in G.S. 143-318.11(a). Note, however, that adjournment or recessing pursuant to Rule 16(b), Moton 2, is not an action authorized by statute to be taken during a closed session. Minutes and general accounts of closed sessions ace discussed in Rule 24. Rule 22. quorum A majority of the actual membership of the board [excluding vacant seats] shall constitute a quornm. A majority is more than half The chair [shall] [shall not] be considered a member of the boazd in determining the number on which a majority is based and in counting the number of members actually present. A ,uember who has withdrawn from a meeting without bemg excused by majority vote of the remaining members present shall be counted as present for purposes of detemrining whether or not a quorum is present. Comment: A majority of the membership is generally considered a quorum far most deliberative bodies. Under this mle the board must decide whether it wtshes to include or exclude vacant seats in deterntining the number of board members on which a quomm will be based. Either option is acceptable unless a specific statute or other mle governing the board specifies how a quorum is to be determined. For example, city councils in North Carolina must exclude vacant seats from the. count (G.S. 160A-74), while boards df county commissioners must include them (G.S. 153A-43). The mle allows the board to choose whether to count the chair as a boazd member for quonrrn purposes; the board may choose not to count the chairif that person has a vote only in the case of ;a t;e. The last sentence of this rule prevents a member from defeating a quorum by simply leaving :'the meeting. t 4