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065 <br /> Board of Commissioners Page Two September 25, 1985 <br /> 4. The court decisions in North Carolina, <br /> generally do not require every member of a board or <br /> agency sitting in a quasi-judicial (fact-finding, law <br /> concluding and decision making) capacity to attend <br /> every meeting of the board or agency during which <br /> evidence is received by the board or agency. However, <br /> where a board member does participate in the decision <br /> of the board, there is a very clear directive that the <br /> board member know the evidence presented. <br /> Based on the foregoing, it is my opinion that the <br /> Board can establish one of two policies to address this <br /> issue. They are: <br /> 1. exclude a board member who has not attended a <br /> public hearing during which evidence has been presented <br /> from participating in the decision before the Board; or <br /> 2. authorize the board member to vote on such an <br /> issue with the requirement that the absent board member <br /> review all of the documentary evidence presented and <br /> hear all of the testimonial evidence by listening to <br /> the tapes of the public hearing. <br /> It is my recommendation that the latter <br /> alternative be chosen in order to minimize the risk <br /> that no decision can be made because of a tie vote and <br /> because a decision requires a majority of the members <br /> of the Board, regardless of the number actually voting. <br /> By xerox copy of this letter I am requesting Mr. <br /> Thompson to place the following action item on the <br /> Board's September 30, 1985 agenda: <br /> Establish Board policy for deciding matters which <br /> come before the Board in its quasi-judicial <br /> capacity when one or more Board member is absent <br /> during the presentation of evidence on the matter. <br /> Very truly yours, <br /> 44(- <br /> 411111r."-. -% e . Gledhill <br /> GEG/lsg <br /> xc: Marvin Collins <br /> Ken ThompsonN, <br />