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Agenda - 11-10-94 - III
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Agenda - 11-10-94 - III
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Last modified
11/8/2016 3:09:24 PM
Creation date
11/8/2016 3:06:07 PM
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BOCC
Date
11/10/1994
Meeting Type
Work Session
Document Type
Agenda
Agenda Item
III
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Minutes - 19941110
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\Board of County Commissioners\Minutes - Approved\1990's\1994
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• - . : : : _ • . ; - - - ; , - • -: - • • : • - - - <br /> an open meeting. <br /> (l-9} To plan investigations and receive investigative- reports rcqn-ested <br /> by a board of elections e-eneerning election f s, it egularitics, <br /> public hearing during ' h it is alleged err op-patent drat any <br /> public record. <br /> To consider and au - - - = 'i - , - :- , = - - • - , <br /> yed pursuant to <br /> has been sold or conveyed;- or ( ti) -any strbsidrary of either <br /> nonprofit corporation. <br /> (c(b) Repealed by Session Laws 1991, c. 694, s. 4. <br /> ) Calling : - . -- • - - -. a Closed Session. -- A public body may hold an <br /> executive session a closed session only upon a motion duly made and adopted at an <br /> open meeting. - - . ': - - . - - - - - : • :: - : - - - - - - - = - : - 6 <br /> 6 - • i i ; -z : - . ; - -- , - • ; - - ; Every motion <br /> to close a meeting shall cite one or more of the permissible purposes listed in <br /> subsection (a) of this section. A motion based on subdivision (a)(11 of this section <br /> shall also state the name or citation of the law that renders the information to be <br /> discussed privileged or confidential. A motion based on subdivision (a)(3) of this <br /> section shall identify the parties in each existing lawsuit concerning which the public <br /> body expects to receive advice during the closed session. <br /> (d) Minutes of Lxecn-tive Session. Notwithstanding the provisions of G.S. 132 6, <br /> session." <br /> Sec. 3. G.S. 143-318.16B reads as rewritten: <br /> "§ 143-318.16B. Atto-i ncy's fees awarded to prevailing—party. Assessments and awards <br /> of attorneys' fees. <br /> In any When an action is brought pursuant to G.S. 143-318.16 or G.S. <br /> 143-318.16A, the court shall may make written findings specifying the prevailing party <br /> or parties, and snail may award the prevailing party or parties a reasonable attorney's <br /> fee, to be taxed against the losing party or parties as part of the costs. The court may <br /> order that all or any portion of any fee as assessed be paid personally by any <br /> individual member or members of the public body found by the court to have <br /> knowingly or intentionally committed the violation: provided, that no order against <br /> any individual member shall issue in any case where the public body or that <br /> individual member seeks the advice of an attorney, and such advice is followed." <br /> Sec. 4. Article 33C of Chapter 143 of the General Statutes is amended <br /> by adding two new sections to read: <br /> "§ 143-31.8.16C. Accelerated hearing; priority. <br /> Actions brought Pursuant to G.S. 143-318.16 or G.S. 143-318.16A shall be set <br /> down for immediate hearing. and subsequent proceedings in such actions shall be <br /> accorded priority by the trial and appellate courts. <br /> House Bill 120 Page 5 <br />
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