POLICY STATEMENT 150

RULES OF PROCEDURE FOR TOWN OF CARY BOARDS AND COMMISSIONS

Prepared by:                              Karen C. Gray

Supersedes:                              N/A

Adopted by Council:                   July 27, 2006

Effective:                                   July 27, 2006

Purpose: This policy for boards/commissions (hereinafter “boards”) will provide efficient and equitable rules of procedures for all board members to follow during meetings, and provide general information and recommendations about how the boards conduct Town business. 

This policy is not designed to create any additional rights or obligations, nor does it establish any procedural rights to any person that are not already provided for by law.  The failure of any board member to adhere to the recommended procedures described herein shall not affect the validity of any meeting or action taken. To the extent there is conflict or any discrepancy between these procedures and the North Carolina General Statutes, case law, or Town ordinances (collectively “law”), the law shall prevail.

1.  Role of Council Liaison

At the organizational meeting in each election year, the mayor will appoint a council liaison to each board. These appointees will serve as the elected official point of contact for the board.

2.  Role of Staff Liaison

The department director of the department who is responsible for the administrative work of each board will designate a staff person from that department to serve as the staff liaison for the board. Additional staff from that department may also provide support services roles as necessary. The staff liaison will be the primary contact for the board members. The staff liaison is responsible for providing board-specific orientation to board members.

3.  Role of Deputy Town Clerk

The deputy town clerk is responsible for the administrative work to maintain the boards. This includes recruiting for vacancies on the boards, providing general orientation for board members, providing training for staff liaisons, and working closely with the staff liaisons to ensure that these rules of procedures are explained to the board members.

4.  Meeting Schedules

Each December council adopts a meeting schedule for the Town which takes into account Town-observed holidays and other frequently observed holidays and events.  Once adopted, the meeting schedule is then posted in a public notice. In addition, for scheduling purposes only, a default schedule is developed for boards that meet on an as-needed basis. For those boards, appropriate public notice will be issued to provide at least 48 hours notice of each meeting and will provide the date, time, location and purpose of the meeting. All board members and staff associated with boards should keep these dates open in the event a meeting needs to be scheduled on those dates throughout the year. In addition, appropriate public notice, as required by law, will be given for any special meeting or work session that is not included on the regular meeting schedule.

5.  Bylaws

Each board shall maintain a set of bylaws that are consistent with this policy and should include, but is not limited to, the name and purpose of the board, information about membership criteria established by council, any officers and duties, general rules, and meeting information (including cancellation procedures). The bylaws, and any amendments thereto, shall be posted to the Town’s Web site.

6.  Meeting Agenda

The purpose of the agenda is to organize materials to be considered and to give members an opportunity to study the issues before the meeting.

Board agenda are prepared by the staff liaison, chair, or both, based upon information received from Council, staff, or board members. The Planning and Zoning Board, Town Center Review Commission, Parks, Recreation and Cultural Resources Advisory Board, and the Public Art Advisory Board all have a role in the development process (i.e., rezonings, site/subdivision plans, Land Development Ordinance amendments, etc.) and their agenda will include links to reports and/or data sheets prepared by staff.

The staff liaison will ensure that the agenda is available electronically at least five days prior to the board meeting. No changes will be made to the agenda once it has been posted on the Web. However, changes may be made at the beginning of the meeting if agreed to by a majority of the members present. Any documents associated with a particular board meeting (staff reports, minutes, etc.) that are submitted electronically should be in a format determined by the Town staff to ensure ADA compliance. 

Items shall be placed on the agenda according to the order of business. The order of business for a regular meeting agenda follows. By unanimous consensus or majority vote of the board, agenda items may be considered in an order different from that shown on the agenda.

• Call to Order:  The presider (usually the chair) will always begin the meeting at the appointed time with a quorum present;
• Roll Call:  The presider will announce the names of those members who are absent for the record;
• Adoption of agenda:  The board will adopt the agenda, as is, or with modifications by motion, second and vote of majority;
• Swearing in of witnesses, if required:  A Town staff member who is a Notary Public may perform this duty in addition to other persons granted this authority by state law or other governing documents;
• Approval of previous meeting minutes:  The board will adopt the minutes, as is, or with modifications by motion, second and vote of majority;
• Action and discussion items, reports, information items (including any public hearings);
• Old/New Business;
• Adjournment:  The board shall adjourn meetings by motion in open session.

Some boards utilize committees to help carry out their business. The meetings of those committees are recognized to be more informal than regular meetings, and the public notice may also serve as the agenda.  Items may not be added to the agenda of a committee meeting.

7.  Open Meetings Requirement

Board members shall not deliberate, vote, or otherwise take action on any matter with the intention of making it impossible for persons attending a meeting of the board to understand what is being deliberated, voted, or acted on. Board members should strive to be clear about the matters they are considering and should refrain from referencing an item by letter, number, or other designation which might be conceived as a secret device or method. The board may deliberate, vote or otherwise take action by reference to an agenda, if copies of the agenda–sufficiently worded to enable the public to understand what is being deliberated, voted, or acted on–are available for public inspection at the meeting.

In addition, the board shall not use e-mail, instant message, or chat rooms during the meetings and should not participate in private conversations with other members of the board, all of which might be perceived as deliberating in secret.

8.  Quorum

Unless otherwise set forth in bylaws or other governing documents, a majority of the board, including the chair but excluding vacant seats, shall constitute a quorum. A majority is more than half of the board. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining a quorum.

9.  Chair

The chair shall have the following authority:

• To preside over public meetings of the board;
• To vote upon all measures before the board;
• To be counted for quorum purposes;
• To preserve order and decorum;
• To call a brief recess at any time;
• To adjourn in an emergency.

The chair may also

• Rule motions in or out of order;
• Determine when a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground;
• Answer questions of procedure.

The board may, at its discretion, elect from its membership a vice chair to serve in the chair’s absence or in case of sickness of the chair or other causes which would prevent the chair from attending to his or her duties. The vice chair shall be entitled to vote on all matters and shall be considered a board member for all purposes, including the determination of whether a quorum is present.

If both the chair and vice chair are absent from a meeting, the board may elect from among its members a temporary chairperson to preside at the meeting.

The chair as the meeting presider shall follow the principles below, which were taken from “Roberts Rules in Plain English”:

• “Be on time and start on time.”
• “Be organized. The presiding officer should have a detailed, well prepared agenda and stick to it.”
• “Be prepared. The presiding officer should be familiar with the procedural rules…”
• “Be a teacher. The presiding officer should keep the group working together by explaining procedure clearly and communicating the next order of business. If a motion is confusing, it is his [her] duty to clarify it. This may mean helping a member rephrase a motion.”
• “Be in control of the floor. The presiding officer should ‘assign’ the floor by recognizing those members who wish to speak by calling them by name. No other member may interrupt or call out remarks without being out of order. The presiding officer should remind such a member that the floor has been assigned and request that his [her] remarks be held until the floor has been assigned to him [her]. In addition, private discussion between members while another has the floor is out of order and disruptive members should be reminded of this rule.”
• “Be impartial. The presiding officer should impartially call on members wishing to speak. He [she] should give members on both sides of an issue an opportunity to speak...”
• “Be composed. The presiding officer should remain calm and objective, keeping the meeting moving.”
• “Be precise. The presiding officer should always restate the motion before taking a vote. After taking the vote, he [she] announces the result of the vote by interpreting the action taken. The presiding officer should always be certain about the results of a voice vote. He [she] may retake the vote by requesting a show of hands on his [her] own accord.”
• “Be focused. The presiding officer should not allow irrelevant discussion. Restate the question and, if necessary, directly request the member to ‘confine remarks to the pending question’.”
• “Be temperate. The presiding officer should use the gavel sparingly, tapping it once to open and close the meeting.”

10.  Action by boards

Actions of the boards shall proceed by motion, unless agreed to proceed by unanimous consensus. Seconds are required to all motions. Only one motion at a time shall be allowed. Motions may be withdrawn at any time prior to a vote or in accordance with the law. Motions shall be adopted by a majority of the votes cast unless otherwise required by these rules or by the laws of North Carolina. A majority is defined as more than half of the board members present for the vote.

Every member of the board should actively participate in voting unless excused by the remaining members in accordance with state law. A member who wishes to be excused from voting shall so inform the chair, who shall take a vote of the remaining members. No member should be excused from voting except upon matters in which the member has a conflict of interest (as outlined in the North Carolina General Statutes and case law). In all other cases, a failure to vote by a member who is physically present in the meeting, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. However, board members are encouraged to make their voting positions clear by verbalizing their votes rather than allowing their silence to represent an affirmative vote. If a vote is unclear to the chair, then it will be up to the chair to call for a vote by hand.

11.  Public Hearings (if required)

The boards shall follow all North Carolina laws and local ordinances with regard to legally required public hearings. The purpose of public hearings is to receive public input. The board members should not engage in conversation or debate with speakers during public hearings. The board will hold all questions and comments until after the public hearing is closed.

The following rules apply to public hearing:

1.       Speakers must come to the podium to make their remarks;

2.       Speakers should clearly state their names;

3.       Speakers should be concise;

4.       Speakers should avoid repetition;

5.       Speakers should adhere to the five minute time limit;

6.       Speakers may only speak once per public hearing;

7.       Unused minutes are not transferable to other speakers;

8.       Individuals should designate a spokesperson for large groups;

9.       After speaking, all persons should provide their names and contact information to the staff person taking the minutes;

10.   Speakers should provide the staff person who is taking the minutes with any documents or materials to be presented to the board;

11.   Speakers should direct comments to the entire board and not to individual board members.

12.  Debate/Discussion by Board Members

Debate/discussion shall be allowed prior to requiring a motion and second. During the debate/discussion, the presider shall call on a member who has not spoken on the issue before recognizing someone who has already spoken.

Board members should avoid personal remarks directed towards individual board members, individual staff members, and individual council members. The presiding officer shall politely rule all such remarks as out of order.

The board members shall follow the debate/discussion principles outlined in Policy Statement 143 Rules of Procedure for the Cary Town Council, reiterated below:

• “It is a good idea to begin your debate by telling the members which side you are speaking on…”
• “Organize your thoughts. Pay close attention to your delivery. Speak clearly and slowly, project your voice, and say it like you mean it. Organize your thoughts into two or three main points and communicate them during your debate time…Keep focused on the major reasons why you have taken your stand. Consider this as part of your meeting preparation.” It’s a good idea to bring your concise notes to the meeting with you and actually take notes during the meeting to help you frame your debate/discussion comments.
• “Only speak when called on” [by the presiding officer].
• “Direct all comments to the chair. Avoid directing comments to another member.”
• “Don’t be disruptive. Side conversations are not allowed. Neither is walking around the room in a manner that is disruptive to the meeting.”
• “You can make corrections. If you hear information that you know is inaccurate, you have the right to call attention to the inaccuracy and to have the accurate information shared with the group… this must be done politely.”

13.  Minutes

Generally, the minutes of all boards are considered public records.  However, if the board’s session is closed, the minutes from the closed portion of the meeting may not become accessible by the public for a certain period of time, depending upon the circumstances and subject matter of the meeting. The public records laws should be relied upon in determining when all records, including minutes, are deemed public records.  The staff member that is designated as the secretary or liaison to the board shall be considered the custodian of the minutes and should treat such documents as public record laws require.  The North Carolina Department of Cultural Resources should be referred to as a necessary guide in determining the status of all records.

The law requires that all minutes be “full and accurate”. The purpose of minutes is to provide a record of the actions taken by a board and not to provide a transcript of the discussions that occurred during the meeting. The minutes can also provide evidence on behalf of the board, that the board followed proper procedures in taking its actions. If no action is taken, the minutes may simply reflect that the meeting occurred, include the subject of the meeting and that no action occurred. It is not necessary to reflect the conversations and discussions of the board. The minutes should reflect motions made and seconds, identify the movants, dissenting votes, the general summary for the dissenting vote (or minority opinion), and the order in which the items before the board are addressed. All minutes shall be in written form. Minutes should contain enough information to act as an official record of the action taken, they should serve as a guide to staff and council in describing what action, if any, is recommended by the board, and they should be sufficient to be submitted as legal evidence as necessary. It is not necessary to record all discussions, particularly those discussions upon which no action is taken. Minutes for closed sessions shall be kept in accordance with the law and should provide a general account of the closed session so that a person not in attendance would have a reasonable understanding of what transpired.

Minutes for the Zoning Board of Adjustment and Utility Board of Adjustment should reflect in the record all findings pertaining to each hearing, every resolution acted upon by the board, and all votes of members of the board upon any resolution or upon the final determination of any question, indicating the names of members absent or failing to vote.

The following is an outline which may serve as a template for the boards in the preparation of meeting minutes.

• Name/identity of the board;
• Date, time and location of meeting;
• Time meeting called to order;
• Names of board members in attendance and those absent;
• Statement of whether or not there was a quorum present;
• Identification of subjects for consideration;
• Motions and seconds;
• Any conflicts of interest or abstainments from voting and votes thereon;
• Vote/Action taken by board;
• Dissenting opinion;
• Time meeting adjourned.

Utility Board of Adjustment minutes contain privileged information, and shall not be placed on the Web site. All other board minutes shall be placed on the Web at least five days prior to the board’s next meeting. Often it is necessary for this to occur earlier based on the council meeting schedules (if the board recommendation is necessary for a council meeting agenda). For those boards that meet only as needed, draft minutes should be prepared within 30 days of the meeting.

Each board shall vote to approve their minutes at their next meeting. Board members may suggest corrections to the minutes when they are in draft form. All board member suggested corrections should comply with this policy. Board members should not propose amendments to the minutes that conflict with this policy.

If audio recordings of board meetings are created, then the staff liaison shall maintain these audio recordings in accordance with the public records laws and Town policy. 

14.  Committees of the Boards

The board may create committees to facilitate the efficiency and effectiveness of the board’s business by researching, studying, and deliberating issues on behalf of, and at the direction of, the full board. Recommendation and reports of any committee will be made to the full board for discussion and/or recommendation.

Minutes of committee meetings shall comply with this policy.

15.  Coverage (Effective Date and Application)

This policy, upon adoption of the Town Council, shall be applicable to all council appointed boards and committees until such time that the policy statement is altered, modified or rescinded by the Town Council.