Retreat, Part III
We may not know what the Guilford County commissioners are going to do on their retreat in Chapel Hill at the end of the month, but we do know one thing they shouldn't be doing:
Voting.
A memo by County Attorney Jonathan Maxwell tells commissioners that the board "shall not vote upon or otherwise transact public business while in attendance at such a gathering."
The section of the law Maxwell cites is 153A-40(c), the full version of which you'll find after the jump.
(By the way, prior posts on this topic can be found here and here.)
G.S. 153A-40(c):
The board of commissioners shall hold all its meetings within the county except:
(1)In connection with a joint meeting of two or more public bodies; provided, however, that such a meeting shall be held within the boundaries of the political subdivision represented by the members of one of the public bodies participating;
(2)In connection with a retreat, forum, or similar gathering held solely for the purpose of providing members of the board with general information relating to the performance of their public duties; provided, however, that members of the board of commissioners shall not vote upon or otherwise transact public business while in attendance at such a gathering;
(3)In connection with a meeting between the board of commissioners and its local legislative delegation during a session of the General Assembly; provided, however, that at any such meeting the members of the board of commissioners may not vote upon or otherwise transact public business except with regard to matters directly relating to legislation proposed to or pending before the General Assembly;
(4)While in attendance at a convention, association meeting or similar gathering; provided, however, that any such meeting may be held solely to discuss or deliberate the board's position concerning convention resolutions, elections of association officers and similar issues that are not legally binding upon the board of commissioners or its constituents.
All meetings held outside the county shall be deemed "official meetings" within the meaning of G.S. 143 318.10(d). (Code, s. 706; Rev., s. 1317; C.S., s. 1296; 1945, c. 132; 1951, c. 904, s. 1; 1961, c. 154; 1967, c. 617, s. 1; 1969, c. 349, s. 1; c. 1036; 1973, c. 822, s. 1; 1977, 2nd Sess., c. 1191, s. 6; 1985, c. 745.)