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North Carolina Open Meetings Law
January 28, 2015
23. Open Meetings (in the Charter Agreement)
The Nonprofit agrees to be subject to the Open Meetings law (Article 33C of Chapter 143 of the General Statutes). This provision is effective upon the SBE’s final approval of the charter application.
How familiar are you with Open Meetings Law?
1 – Not very familiar2 – Somewhat familiar3 – Familiar4 – Very familiar 5 – An expert in North Carolina Open Meetings Law
Stories from the Field
ORLEGAL
ILLEGAL
North Carolina Open Meetings LawOpen Public Meetings Information
Minutes, Vote by Proxy, Electronic Meetings
Regular and Irregular Meeting Notice
9 Legal Reasons to go into Closed Session
Open Meetings Law is found in Article 33C of Chapter 143 of the General Statues.
“each official meeting of a public body shall be open to the public, and any person is entitled to attend such a meeting”
Public Open Meetings
Action Without a Public Meeting is Prohibited
Any gathering of a majority of members for the purpose of conducting hearings, deliberating, voting, or transacting public business is an open meeting.
Action Without a Public Meeting is Prohibited
But what about parties?
Questions?
Meeting Minutes
Minutes should: • Be full• Be accurate• List dates and times of meeting• Include who is in attendance• Record the action and the votes• Be maintained by someone • Be taken for both open and
closed session• Be provided if requested
Video and Recordings of Meetings
The board must allow video and recording equipment to be placed in the room and to be used.
If the recording is interfering with the meeting, that is the only way you can ask the media to move.
Electronic and Phone Meetings
A board meeting can take place over a conference call or webinar.
The public must have the ability to listen into the meeting.
Voting by Proxy or Secret Ballot
No voting by proxy in open meetings.
No secret ballots.
No references to letters, numbers, or any other secret code when voting on action items.
Retreats? Subcommittees?
Conflict of Interest Statement
Questions?
Posting?“If a public body has a Web site and has established a schedule of regular meetings, the public body shall post the schedule of regular meetings to the Web site”
Time and place of meeting should be posted in a regular manner to fit the widest possible audience.
Regular Meetings Notice
Non-Regular Meeting Notice
Questions?
Closed Session
There are 9 legal reasons to go into closed session in North Carolina.
You have 2 minutes to talk with your table and try and come up with all 9 legal reasons for your
board to go into closed session.
Closed Session1. Confidential, privileged information. Information that does
not fall under the Public Records Law.2. Prizes, honorary degrees, scholarships.3. Attorney-client privilege 4. Location or growth of industries5. Negotiation of a contract 6. Specific personnel matters7. Plans related to emergency response 8. Action plans related to existing or potential terrorist activity9. To plan, conduct, or hear reports concerning investigations
of alleged criminal misconduct.
Calling Closed Session
Questions?
