Minutes 11-18-2025-Business Meeting

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