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<br />§ 153A-43 CH. 153A. COUNTIES
<br />153A-45
<br />§ 153A-43. Quorum.
<br />A majority of the membership of the board of commissioners constitutes a
<br />quorum. The number required for a quorum is not affected by vacancies. If a
<br />member has withdrawn from a meeting without being excused by majority
<br />vote of the remaining members present, he shall be counted as present for the
<br />purposes of determining whether a quorum is present. The board may compel
<br />the attendance of an absent member by ordering the sheriff to take the
<br />member into custody. (Code, s. 706; Rev., s. 1317; C.S., s. 1296; 1945, c. 132;
<br />1951, c. 904, s. 1; 1961, c. 154; 1967, c. 617, s. 1; 1969, c. 349, s. l; c. 1036; 1973,
<br />c. 822, s. 1.)
<br />§ 153A-44.. Members excused from voting.
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<br />The board may excuse a member from voting, but only upon questions
<br />involving the member's own financial interest or official conduct or on matters
<br />on which the member is prohibited from voting under G:S. 14-234, 153A-
<br />340(g), or 153A-345(el). For purposes of this section, the question of the
<br />compensation and allowances of members of the board does not involve a
<br />member's own financial interest or official conduct. (Code, s. 706; Rev, s. 1317;
<br />C.S., s. 1296;1945, c. 132; 1951, c. 904, s. 1;1961, c. 154; 1967, c: 617, s. 1; 1969,
<br />c. 349, s: 1; c. 1036; 1973, c. 822, s. 1; 2001-409, s. 8; 2005-426, s. 5.1(b).)
<br />Editor's Note. -Session Laws 2001-409, s.
<br />10, provides that prosecutions for offenses com-
<br />mitted before the effective dates of the provi-
<br />sions of the act are not abated or affected by the
<br />act, and the statutes that would be applicable
<br />but for the act remain applicable to those pros-
<br />ecutions.
<br />Effect of Amendments. -Session Laws
<br />2005-426, s. 5.1(b), effective January 1, 2006,
<br />substituted "G.S. 14-234, 153A-340(g), or 153A-
<br />345(e1)" for "G.S. 14-234."
<br />OPINIONS OF ATTORNEY GENERAL
<br />Disqualification. -Any situation in which
<br />a county commissioner has a personal economic
<br />interest would disqualify that commissioner
<br />from voting. See opinion of Attorney General to
<br />C. Preston Cornelius, Senior Resident Superior
<br />Court Judge, 60 N.C.A.G. 50 (1990).
<br />No Conflict of Interest Found. -A county
<br />commissioner who is also chairman. of the
<br />county social services board can present the
<br />department of social services budget to the
<br />county commissioners and thereafter partici-
<br />pate and. vote as a member of the county
<br />commissioners regarding the approval or disap-
<br />proval of that budget, as the budget for the
<br />department of social services would not ordi-
<br />narily involve an economic conflict of interest.
<br />See opinian of Attorney General to C. Preston
<br />Cornelius, Senior Resident, Superior Court
<br />Judge, 60 N.C.A.G. 50 (1990). .
<br />The chairman of the county social services
<br />board, who is also a county commissioner, can
<br />participate in discussions and vote at county
<br />commission meetings in matters pertaining to
<br />personnel and the operation of the county de=
<br />partment of social services. It is apparent that
<br />the legislature contemplates county commis-
<br />sioners serving on other boards and commie-
<br />sions as an extension of commissioner duties,
<br />and that such service will not ordinarily dis-
<br />qualify the commissioners from participatingin
<br />discussions and voting at county commission.
<br />meetings. See opinion ofAttorney General to O~
<br />Preston Cornelius, Senior Resident, Superigj?
<br />Court Judge, 60 N.C.A.G. 50 (1990). ~ '-Ga
<br />§ 153A-45. Adoption of ordinances
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<br />To be adopted at the meeting at which it is first introduced, an.ordinance
<br />any action having the effect of an ordinance (except the budget ordinarice;;a
<br />bond order, or any other ordinance on which a public hearing must be lip
<br />before the ordinance may be adopted) must receive the approval of all t
<br />members of the board of commissioners. If the ordinance is approved by
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