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ATTACHMENT "B" <br />CENSURE PROCEDURE <br />Notice of the required public hearing stating its time, place, and purpose shall be given once a week for-two <br />successive calendar weeks in a newspaper having general circulation in the jurisdiction. The notice shall be <br />published the first time not less than 10 days nor more than 25 days before the date fixed for the hearing. In <br />computing such period, the day of publication is not to be included but the day of the hearing shall be included. <br />Alternatively, the hearing shall be advertised on the jurisdiction's website for the same period of time, up to and <br />including the date of the hearing. The notice shall state that a detailed list of the allegations against the member <br />is available for public inspection and copying in the office of the clerk or secretary to the board. <br />The hearing shall be convened at the time and place specified. The hearing and any deliberations shall be <br />conducted in open session in accordance with the requirements of the North Carolina open meetings statutes. <br />The County Attorney. shall conduct the hearing and shall carry the burden of proving the allegations by a <br />preponderance of the evidence. <br />The accused board member shall have the right to have counsel present, to present and cross-examine <br />expert and other witnesses, and to offer evidence, including evidence of the bias of any other board member or <br />the presiding officer and shall have the burden of proving such bias by a preponderance of the evidence. An <br />audio or video and audio tape of the proceedings shall be prepared. Any and all votes during the hearing shall <br />be taken by the ayes and noes and recorded in the board's minutes. <br />Once the hearing is concluded, it shall be closed by a majority vote of the board. The presiding officer shall <br />next entertain a motion to adopt a resolution censuring the member based on specified violations of the Code of <br />Ethics. Any motion made must be an affirmative one in favor of adopting anon-binding resolution of censure <br />.and stating that the evidence presented has met the burden of proof. If the motion or resolution does not state <br />particular grounds for censure under the Code of Ethics or state that the evidence presented has met the <br />burden of proof, the presiding officer shall rule it out of order. <br />If a motion to adopt a resolution of censure stating particular grounds under the Code of Ethics has been <br />made and appropriately seconded, the board shall debate the motion. The accused member shall be allowed to <br />participate in the debate, but shall not vote on the motion to adopt the resolution of censure. <br />At the conclusion of the debate, the board shall vote on the resolution. If the motion to adopt the resolution <br />of censure is approved by atwo-thirds vote of those present and voting, a quorum being present, the motion <br />passes and the non-binding resolution of censure is adopted. <br />The text of the resolution of censure shall be made a part of the minutes of the board. Any recording of the <br />board's proceedings shall be approved by the board as a permanent part of the board's minutes. The <br />proceedings shall then be considered concluded, the board having done all that it legally can with respect to the <br />matter in question. <br />