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28 <br /> 1 BACKGROUND: Members of the Board of Commissioners expressed an interest in where <br /> 2 Closed Sessions are scheduled on Board meeting agendas. The Board previously discussed this <br /> 3 topic at the September 9, 2025 work session. <br /> 4 <br /> 5 Laura Jensen, Clerk to the Board, presented options for holding closed sessions earlier in <br /> 6 the evening rather than at the end of meetings. She said the board experimented with a 6:00 pm <br /> 7 special meeting for a closed session on October 6th before their regular meeting. She explained <br /> 8 that the current Rules of Procedure list closed sessions as item 13 during business meetings. <br /> 9 Looking at 2026, 9 of 21 business meetings would have conflicts at 6:00 pm due to other board <br /> 10 obligations. For work sessions, 2 of 13 would have conflicts. She proposed giving the board a list <br /> 11 of potential early closed session dates at the beginning of the year, with a 48-hour notice required <br /> 12 for special meetings. She explained the limitations with special meetings. The 48-hour notice <br /> 13 requirement for special meetings means topics arising within that window couldn't be added, <br /> 14 limiting flexibility compared to the current item 13 placeholder. <br /> 15 Vice-Chair Hamilton said the Board could continue Item 13, and for the dates that it is <br /> 16 possible to have early closed sessions, could do so with a special meeting notice. <br /> 17 Laura Jensen agreed and added a caveat that there are special circumstances that <br /> 18 would require a closed session at the end of a meeting, i.e., the security session. She explained <br /> 19 that the December 9th security session must occur in the board room after the meeting, when <br /> 20 all other staff have left. <br /> 21 Commissioner Carter said she thought it would require an amendment to the rules of <br /> 22 procedure to have closed sessions before work sessions. <br /> 23 Laura Jensen said this would not require a change to the Rules of Procedure, and that, <br /> 24 as long as there is notice, a closed session could be added before the meeting, or the Board <br /> 25 could add a closed session to a work session agenda. <br /> 26 Commissioner Carter said she thought the because the Rules of Procedure only mention <br /> 27 closed sessions during business meetings, that they could not take place during work sessions. <br /> 28 John Roberts said items can be added to any agenda for regular meetings on the <br /> 29 Board's calendar. However, he explained that a special meeting called for a closed session <br /> 30 could only include the topics for which it was called. <br /> 31 Chair Bedford said it may be more transparent to change the language of the Rules of <br /> 32 Procedure to align with what the Board is deciding. <br /> 33 Commissioner Portie-Ascott agreed. <br /> 34 John Roberts said language could be added if the Board would like. <br /> 35 Commissioner Portie-Ascott said she doesn't like that item 13 would be a placeholder <br /> 36 and would prefer the Board stick with having closed sessions earlier in the evening. She asked <br /> 37 about options before 6:00 pm or meeting for closed sessions virtually. <br /> 38 Vice-Chair Hamilton said she can't meet earlier because of her job. She said the Board <br /> 39 can agree to have closed session at 6:00 pm when possible, but item 13 is needed in case the <br /> 40 closed session takes too much time before the meeting or in case something comes up that <br /> 41 requires a closed session within the 48-hour window. <br /> 42 Commissioner Fowler said she is fine with the flexibility of having closed sessions at <br /> 43 6:00 pm but would appreciate a reminder. <br /> 44 Commissioner McKee agreed he would need reminders. He said some counties meet <br /> 45 earlier in the day, but he does not support that because it limits who can serve on the Board. <br /> 46 Commissioner Portie-Ascott asked if the Board could meet virtually. <br /> 47 John Roberts said the North Carolina General Statutes acknowledge that electronic <br /> 48 meetings can occur, but that is unsettled law at this time outside of a state-declared emergency. <br /> 49 If the Board decided to do that ever, he would recommend it be done for a work session where <br />