Agenda - 03-13-2012 - 5m - Laserfiche WebLink

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~ Meetings Law, G.S. 143-318.9 through 318.18, which applies to any gathering of a majority of the board to discuss public business. The rules also apply to informal work sessions or ~ committee meetings where public business is discussed but no official action is taken. II. Open Meetings Rule 2. Meetings to be Open. (a) It is the public policy of North Carolina and of Orange County that the hearings, deliberations, and actions of this board and its committees be conducted openly. (b) Except as otherwise provided in these rules and in accordance with applicable law, each official meeting of the Orange County Board of Commissioners shall be open to the public and any person is entitled to attend such meeting. Comment: See G.S. 143-318.10(a). (c) For the purposes of the provisions of these rules concerning open meetings, an official meeting of the board is defined as any gathering together at any time or place or the simultaneous communication by conference telephone or other electronic means of a majority of board members for the purpose of conducting hearings, participating in deliberations, or voting upon or otherwise transacting public business within the jurisdiction, real or apparent, of the board. ~ Comment: See G.S. 143-318.10(d). The Open Meetings Law provides that a social meeting or other informal assembly or gathering together of the membexs of the boax+d does not oonstitute an offiaal meeting unless itis "called orheldto evade the spiritand purpos~' ofthe ]aws reqiririxig meetzngs to be open. Rule 3. Closed Sessions. (a) Notwithstanding the provisions of Rule 2, the board may hold a closed session for the reasons listed below. It is the policy of the state of North Carolina that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a session is required: 1. To prevent the disclosure of information that is privileged or confidential pursuant to the law of this state or of the United States, or is not considered a public record within the meaning of Chapter 132 of the General Statutes. 2. To prevent the premature disclosure of an honorary degree, scholarship, prize or similar award 3. To consult with the county attorney or another attorney employed or retained by the county in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. G.S. 143-318.11(a)(2) provides that general policy matters may not be discussed in a session closed in order to consult with the county attorney, and the mere fact that the county attorney is participating in a board meeting is not grounds to close the meeting. The statute further provides that the board may consider and give instructions to the attorney concerning handling or settlement of any pending litigation or other matter in controversy, but the terms of any settlement (other than a malpractice claim against a public hospital) must be reported to the board of commissioners and entered in the minutes "as soon as possible within a reasonable time" after the settlement is concluded.