Orange County NC Website
Browse       Search
~s~ <br />Board of Commissioners Page Two September 25, 1985 <br />4. The court decisions in North Carolina, <br />generally do not require every member of a board or <br />agency sitting in a quasi-judicial (fact-finding, law <br />concluding and decision making) capacity to attend <br />every meeting of the board or agency during which <br />evidence is received by the board or agency. Howevez, <br />where a board member does participate in the decision <br />of the board, there is a very clear directive that the <br />board member know the evidence gresented. <br />Based on the foregoing. it is my opinion that the <br />Hoard can establish one of two policies to address this <br />issue. They are: <br />1. exclude a board member who has not attended a <br />public hearing during which evidence has been presented <br />from participating in the decision before the Board; or <br />2. authorize the board member to vote on such an <br />issue with the requirement that the absent board member <br />review all of the documentary evidence presented and <br />hear all of the testimonial evidence by listening to <br />the tapes of the public hearing. <br />It is my recommendation that the latter <br />alternative be chosen in order to minimize the risk <br />that no decision can be made because of a tie vote and <br />because a decision requires a majority of the members <br />of the Hoard, regardless of the number actually voting. <br />By xerox copy of this letter I am requesting Mr. <br />Thompson to place the following action-item an the <br />Board's September 30, 1985 agenda: -- <br />Establish Board policy for deciding matters which <br />come before the Hoard in its quasi-judicial <br />capacity when one or mute Board member is absent <br />during the presentation of evidencQ on the. matter. <br />Very truly yours, <br />Gledhill <br />GEG/lsg <br />xc: Marvin Collins <br />Ken Thompson \, <br />