Minutes 05-14-2024 - Budget Public Hearing and Work Session

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13 ■ Could a member of the public participate/speak remotely during a remote or hybrid meeting? ■ What do other North Carolina counties allow? Laura Jensen said this was an opportunity for the Board to discuss the possibility of conducting remote and/or hybrid meetings. John Roberts said state statutes do allow for electronic meetings, but they do not specify what electronic meetings are. He said the statutes do not provide any rules. He said that during the pandemic, the legislature came up with a very detailed overview of remote meetings, but one provision specifies that it is only allowed during a declared emergency. He said that that rule also did not invalidate electronic meetings, whatever those are. He said that the Board can set the rules for what an electronic meeting outside of a state of emergency may be and he can provide guidance. Chair Bedford asked if by electronic meetings, John Roberts meant hybrid meetings. John Roberts said it can be and that electronic meeting would mean remote attendance, but it is not a remote meeting under the declaration of emergency statute. Chair Bedford asked if they can be 100% remote. John Roberts said that he does not recommend a fully remote hybrid meeting and that four people be present as a physical quorum. He said if the Board wants to have a fully remote electronic meeting there could be legal liability if they are making decisions on substantive topics like the budget. Vice-Chair Greene asked if there is a quorum of four people physically present and three people who are remote, if the three people get to vote. John Roberts said if they set the rules to allow that, then yes. He said that his recommendation is to not allow business meetings to be remote because there is no case law, and no judge has interpreted what that means. Chair Bedford said she had forwarded to the Board information on what the Town of Hillsborough had adopted, and the School of Government has agreed with the policy. She said that business, or voting meetings, could not be 100% remote. Commissioner Fowler asked if other counties are holding remote meetings. Laura Jensen said three counties are allowing some sort of remote participation and only shared any rules for that participation. Commissioner Fowler asked if they allow any remote participation. Laura Jensen said that Wayne County's rule is that a majority of the Board of Commissioners must vote at that meeting to allow the person to attend remotely. Chair Bedford asked if Durham and Alexander allow it. Laura Jensen said that Durham and Alexander allow it, but there are no guidelines. Commissioner Richards said that currently the rules only allow a remote commissioner to watch but not participate. She said that she thinks if they are having a decision-making meeting, then they do not need to be hybrid because she worries about that. She also said that she would want advance notice if a commissioner was not going to be in physical attendance. Chair Bedford reviewed the questions she had and the order in which she thought the Board could discuss the topic. She said they needed to determine what type of meetings they could conduct as hybrid meetings. She said then they could determine how many people could be remote; should a commissioner sign up in advance; would it be considered first come, first serve; how many hours in advance should the request be made; how many times per month or year would it be allowed; could the County Manager, County Attorney, or Clerk to the Board be remote; would the public be allowed to give comments remotely, which would only apply during business meetings; and that they need to be careful for certain public hearings that involve federal funds.