North Carolina Board of Electrolysis Examiners 

GENERAL GUIDELINES FOR COMPLIANCE WITH THE OPEN MEETING LAW

 

I. NOTICE OF MEETINGS

 

If you establish a regular schedule of meetings, you must file a copy with the Secretary of State’s office. Any revisions to the schedule must be filed with the Secretary of State’s office at least seven days before the day of the first meeting held under the new schedule. No other notice needs to be given of meetings on this schedule.

 

Other meetings must be specially announced. At least until you have a usual meeting room, you need to establish a “principal bulleting board” at least 48 hours before the meeting. In addition, newspapers, wire services, radio and television stations, and any other person can file written request for individual notice of any meeting that are not on the schedule filed with the Secretary of State. Notice must be given or mailed to these persons at least 48 hours before the meeting. You can require the news media to renew their requests annually. You can require other persons to renew their request quarterly and can charge them $10.00 per year to cover the cost of give them notice.

 

In an emergency, you can call meetings with less than 48 hours notice. For an emergency meeting, the only notice you are required to give is a telephone call to any news media that has asked in writing to receive notice of emergency meetings. The media should be called after the boards members. An “emergency meeting” is one called because of generally unexpected circumstances that require immediate consideration by the public body. Only business connected with the emergency may be considered at this meeting.

 

If a public body holds an official meeting by use of conference telephone or other electronic means, it shall provide a location and means whereby members of the public may listen to the meeting and the notice of the meeting required by the law shall specify that location. A fee of up to twenty-five dollars ($25.00) may be charged each such listener to defray in part the cost of providing the necessary location and equipment.

 

II. CONDUCT OF MEETINGS

 

All meetings are open to the public. The Board can exclude the public and go into what is called “executive session” for one of a list of specific reasons. Only three of these reasons will normally apply to this Boar. Generally speaking, these are:

 

1) to consider the qualifications of individual applicants or, if the Board has hired staff, to consider the qualification and job performance of individual staff members;
2) to consider the acquisition or lease of real property;
3) to consult with the Board’s attorney if confidentiality is required.

 

In any other stances, and in any instance where the Board is not sure the circumstances meet these three categories, please check in advance before going into executive session.

 

Before going into executive session, the reason for the session should be announced and should be made a part of the minutes of the open portion of the meeting. Any final decision should be made after the executive session ends and the Board returns to an open meeting (for examples: the Board decides to license candidate X, or the Board decides to discuss a proposed lease further at a later meeting). Separate minutes must be kept on executive sessions.

 

III. PUBLIC POLICY

 

At all times, please keep in mind the public policy as stated by the Legislature at the beginning of the open meeting statutes:

 

§ 143-318.9 Public Policy

 

“Whereas the public bodies that administer the legislative, policy making, quasi-judicial, administrative, and advisory function of North Carolina and its political subdivision exists solely to conduct the people’s business, it is the public policy of North Carolina that the hearings, deliberations, and actions of bodies be conducted openly”.

 

Ref: NC General Statutes Chapter §143 Article 33C “Meetings of Public Bodies”
NC General Statutes Chapter § 132 “ Public Records”