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Aug-11-99 03:46P Coleman Gledhill Harclravc 919 732 7997
<br />§153A-44 ART. 4_ FORM OF GOVERNMENT §153A-45
<br />§ 153A-44. Members excused from voting.
<br />The board may excuse a member from voting, but only upon
<br />questions involving his own financial interest or his< official con-
<br />duct. (For purposes of this section, the question of the compensation
<br />and allowances of members of the board does not involve a mem-
<br />ber's own financial' interest or oificial conduct.) (Code; s'. 706; Rev.,
<br />s. 1317; C.S.; s. 1296; 1945, c. 132; 1951, c. 904, s: 1; 1961, c. 154;
<br />1967, c. 617, s. 1; 1969, c. 349, s. 1; c. 1036; 1973, c.. 822, s..1.)
<br />OPIIYIONS OF ATTORNEY GENERAL
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<br />DisqualiAcation. -Any situation in
<br />whicIa a county commissioner has apar-
<br />sonai economic interest would disqualify
<br />that commissioner from voting. See
<br />opinion of Attorney General to C. Prea-
<br />Lon Cornelius, Senior Resident, Superior
<br />Covet Jude, - N.C.A.G. - (November
<br />8, 1990)-
<br />No Conflict of Interest Faand. - A
<br />county commissianer who is also drair-
<br />man of the county social services board
<br />can present the department of aoeia2 ser-
<br />vices budget" to the enunty commis
<br />sionees sad thereafter participate and
<br />vote ae a member of the rnunty commis•
<br />aionera regarding the approval or disap-
<br />proval of that budget, sa the budget for
<br />the dap^++~+^nt of social services would
<br />not ordinarily involve an economie con-
<br />flict of interest See opinion of Attorney
<br />Genera] to C. Preston Cornelius, 3eniar
<br />Resident, Superior Court Judge, -
<br />N.CA.G. - (November 8, 1990)_
<br />Ths chairman of the county BOCIaI ser-
<br />vices board, who is also a county com-
<br />aeisaioner, can participate in discussion9
<br />and rate at rnunty commission meetings
<br />in matters pertaining to personnel and
<br />the operation of the county department
<br />of social services. it is apparent that the
<br />legislature contemplates county cora-
<br />miesioners serving an other boards and
<br />oommiasions as an extension of commis-
<br />sioner duties, and that such service will
<br />not ordinarily disqualify the trornenie-
<br />sionersfrom participating in discussions
<br />and voting at county commission meet-
<br />ings. See opinion of Attorney General to
<br />C. Preston Cornelius, Senlot Resident,
<br />Superior Court Judge, - N.C.A.G. -
<br />(November e, 1990).
<br />§ 1b3A-45. Adoption of - ordinArices.
<br />To be adopted at the meeting at which it is first introduced, an
<br />ordinance or any action having the effect of an ordinance (except
<br />the budget ordinance, any bond order, or an other ordinance on
<br />which a public hearing muaL be held before the ordinance may be
<br />adopted) must receive the approval of all the members of the board
<br />of commissioners. If the ordinance is approved by a majority of
<br />those voting but not by all the members of the board, or if the
<br />ordinance is not voted on at that meeting, it shall be considered at
<br />the next regular meeting of the board. If it then or at any time
<br />thereafter within 100 days of its introduction receives a majority of
<br />the votes cast, a quorum being present, the ordinance is adopted.
<br />(1963, c. 1060, ss. 1, 11/2; 1965, cc. 388, 567, 1083; 1158; 1967, c.
<br />495, s. 2; 1969, c. 3fi, s. 1; 1971, c. 702, ss. 1.3; 1973, c. 822, s. 1.)
<br />CAGE NOTES
<br />For discussion of the distinction.
<br />between an ordinance and a resolve
<br />nosy see Pittman v. Wilson County, 839
<br />F.2d 22b (4th Cir. 18&3).
<br />Personnel Rules. - Absent evedence
<br />that "personnel resolution" containing
<br />"rules and regulationg" for the dismissal
<br />of county employees, incorporatwd in an
<br />employee handbook, was passod with
<br />the formality required for the enactment
<br />of an ordinance, the court would ewn-
<br />dude that it wsa not an ordinance- Pitt-
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