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

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_. __... .__-,...~.~. ,..:-..-.:vw.. .n«,e~,,.,vxwu~ nM: Ei;viii:N61~22ki3st9S,Ytiiiti}3£+n+.r tt1-;<, Rule 23. Public Hearings Public hearings required by law or deemed advisable by the boazd shall be organized by a special' orderithat sets forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time allotted for each speaker, and other pertinent matters. The special order is adopted by a majority vote. Its specifications may include, but are not limited to, roles fixing the maximum time allotted to each speaker; providing for the designation of spokespersons for groups of persons supporting or opposing the same positions; providing for the selection of delegates from groups of persons supporting or opposing the same positions when the number of persons wishing to attend the hearing exceeds the capacity of the hall (so long as arrangements are made, in the case of hearings subject to the open meetings law, for [hose excluded from the hall to listen to the hearing); and providing for the maintenance of order and decornm in the conduct of the hearing. All notice and other requirements of the open meetings law applicable to board meetings shall also apply to public hearings at which a majority of the board is present; such a hearing is considered to be part of a regular or special meeting of the board. These requirements also apply to hearings conducted by appointed or elected committees of board members, if a majority of the committee is present. A public hearing for which any required notices have been given maybe continued to a time and place certain without further advertisement. The requirements of Rule 2(c) shall be followed in continuing a hearing at which a majority of the boazd, or of a boazd committee, as applicable, is present. At the time appointed for the hearing, [the board shall vote to open the hearing and] the chair or his or her designee shall call the hearing to order and then preside over it. When the allotted time expires, or earlier, if no one wishes to speak who has not done so, the presiding officer [shall declaze the hearing ended] [shall entertain or make a motion to end the hearing]. Comment: Local boazds maybe required or may desue to hold public hearings from time to time concerning particulaz matters. The power to do so can probably be implied from the fact that the board was created to deal with matters of public concern, unless a specific statute provides otherwise. The boazd should consult its enabling statutes and its attorney if it has any questions about its authority to conduct public hearings. This rule provides a procedure for calling public hearings. It also provides for the board to adopt roles governing the conduct of hearings and to continue hearings without further advertisement. T7tese provisions are very similar to the authorizations in the public hearing statutes for city and county governing boards (G.S. 160A-81 and 153A-52, respectively) and can be followed by most small local government boards that aze authorized to hold public hearings. Public hearings, like other board meetings, are also subject to the notce, continuation, and other requirements of the open meetings law, if a majority of the board is present at the hearing, since legally such a hearing is part of a meeting of the board. Appointed or elected committees of the board aze probably also covered by this law, although this point is not completely free from doubt. Those requirements are reflected in this role. As part of a board or committee meeting, a - - hearing may be continued to another day if the procedure for recessing meetings to a time and place certain is followed. In keeping with the spirit of the open meetings law, the role requires that all persons desiring to be present at a hearing covered by that law be given the opportunity to listen to the proceedings---outside the meeting room, if necessary-if the room is4oo small to accommodate all of them. _ ~ `Some boards vote to open and close public hearings, while others simply allow the chair to :declare the hearing open and closed. Either practice is acceptable, and the board may choose _ either option as its role.