[HISTORY: Adopted by the Board of Supervisors of Carroll
County 11-21-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Supervisors — See Ch. 12.
The Carroll County Board of Supervisors does hereby accept and
adopt these rules of procedure in order to facilitate its powers and
duties in accordance with the provisions of Title 15.2, Code of Virginia
1950, as amended.
The official title of this Board shall be the "Carroll County
Board of Supervisors."
A.
The Carroll County Board of Supervisors shall consist of six members,
one elected from each of the five election districts and one at large.
B.
The term of office of the Board members shall be four years, provided
that, in order to commence staggered terms for the Board of Supervisors,
for the term of office beginning January 1, 2012 (initial term), three
members shall be elected for a term of two years and three members
shall be elected for a term of four years. On November 9, 2011, the
Carroll County Electoral Board in compliance with state Law determined
that the members of the Board representing Laurel Fork, Fancy Gap
and Pipers Gap will serve the initial term of two years, with all
other members serving the initial term of four years.
A.
Enumeration of officers.
(1)
Chairman. A Chairman of the Board shall be elected from its members
at the first meeting of each calendar year. The Chairman shall preside
over all meetings and represent the Board at official functions and
ceremonial events.
(2)
Vice Chairman. A Vice Chairman of the Board shall be elected from
its members at the first meeting of each calendar year. He shall preside
in the absence of the Chairman and perform such other duties as may
be assigned by the Board.
(3)
Chairman pro tem. The Chairman pro tem shall be appointed by the
Chairman or Vice Chairman in the absence of the other, before he leaves
the room. In the event that no Chairman pro tem has been appointed,
one shall be selected by the members remaining. This person shall
preside in the absence of the foregoing officers.
B.
Term of office. The Chairman and the Vice Chairman shall be elected
for one-year terms. Either or both may be reelected for one or more
additional one-year terms.
There shall be a County Administrator, a Clerk and a County
Attorney, appointed by the Board of Supervisors, each of whom shall
serve at the pleasure of the Board. The appointees to those offices
as of the date of the approval of these amendments, November 21, 2011,
shall continue in office until removal or resignation. Unless otherwise
designated by the Board, the County Administrator shall serve as Clerk
to the Board of Supervisors.
A.
Annual meeting. The first meeting held after the newly elected members
of the Board have qualified and the first meeting held in each succeeding
year shall be known as the "annual meeting." At such annual meeting,
the Board shall establish the days, times and places for the regular
meetings of the Board for the ensuing 12 months.
B.
Regular meetings. The Board shall meet in regular session at least
once each month upon such day or days as have been established. The
Board may subsequently establish different days, times or places for
such regular meetings by passing a resolution to that effect. However,
when the day established as a regular meeting day falls on a legal
holiday, the meeting shall be held on the next following regular business
day, without action of any kind by the Board.
C.
Special meeting. A special meeting of the Board may be called by
the Chairman or at the request of two or more members. The Clerk shall
immediately notify each member of the Board and the County Attorney,
in writing or by electronic means. No matter other than those specified
in the notice shall be considered at such meeting, unless all members
are present and agree to such action.
D.
Notice to public. The Clerk shall notify the general news media of
the time and place of all such meetings and the matters to be considered,
in writing or by electronic means.
E.
Public hearings. Public hearings shall be held after proper public
notice has been given.
F.
Adjourned meetings. Any regular or special meeting may be adjourned
by a majority of the members of the Board present to a day and time
prior to the next regular meeting.
G.
Place of meetings. All meetings shall be held in the Carroll County
Governmental Center, Hillsville, Virginia, unless a different meeting
place shall have been established and notice published.
H.
Open meetings. All meetings shall be open to the public, provided
that the Board may, for purposes provided for in the Virginia Freedom
of Information Act, upon motion made, seconded and duly adopted, meet
in executive session. No resolution, ordinance, rule, contract, regulation
or motion adopted, passed or agreed to in an executive or closed meeting
shall become effective unless, following such meeting, the Board reconvenes
in open meeting and takes a vote of the membership on such resolution,
ordinance, rule, order, regulation or motion.
A.
Quorum. A majority of all the members of the Board shall constitute
a quorum. The Chairman shall be included and counted in determining
the presence or absence of a quorum.
B.
Required absence. No action shall be taken by the Board unless there
shall be present at least a quorum; provided, however, that the temporary
absence from the meeting room of members sufficient to constitute
a quorum shall not be deemed to prevent the hearing of presentations
of the discussion of matters submitted to the Board. The Clerk or
County Administrator shall suggest the absence of a quorum prior to
taking any action by the Board. Failure of the Clerk, the County Administrator
or any other member to suggest the absence of a quorum shall not be
deemed to alter the effect of this rule requiring a quorum as prerequisite
to any action.
C.
Actions of the Board. Actions of the Board shall be taken in one
of the following ways:
(1)
Ordinances. Where required by law, action shall be by the adoption
of ordinances. Ordinances shall be proposed for adoption, notice given
and adoption accomplished as provided for by general law.
(2)
Resolutions. Where it is not required by law or desired by the Board
to act by the adoption of an ordinance, action may be taken by the
adoption of a resolution.
(3)
Orders. Where action of the Board is required on a matter simply
stated, action may be taken by motion that shall be recorded as an
order of the Board.
D.
Voting. Votes shall be taken on all motions made and seconded. However,
a vote must be taken if the question is called even if a motion has
not been seconded.
E.
Roll call vote. A roll call vote shall be taken at the request of
any member when such a request is made. A roll call vote shall be
taken on the final vote on any ordinance or resolution.
F.
Restating the question. The Chairman shall restate the question prior
to the taking of a vote; provided, however, that he may request that
another member restate the question if, in his opinion, there is a
necessity for clarification.
G.
Unanimous consent. Where no formal action is required and no objection
is heard, the Board may direct and advise the County Administrator
by unanimous consent. If there is an objection or difference of opinion,
however, the matter shall be presented for formal action.
H.
Tie votes. When a tie vote occurs:
(1)
If one or more Supervisors are absent, the question shall be passed
by until the next meeting, regular or special, at which time it must
be put to a vote again.
(2)
If all Supervisors are present when the tie vote occurs, even if
one or more Supervisors abstain, the tie vote shall defeat the motion,
ordinance, resolution or order voted upon.
I.
Reconsideration. An action may be reconsidered only upon a motion
of a member voting with the prevailing side on the original vote.
A motion to reconsider may be seconded by any member. Reconsideration
of action that required notice before adoption shall be taken only
after notice equal to that given on the original action.
A.
Commencement of meeting. At the specified hour for the annual, regular,
adjourned or special meeting, the presiding officer shall call the
meeting to order and direct the Clerk to note the presence or absence
of members. A quorum shall be required to commence the meeting.
B.
Agenda. The County Administrator shall prepare an agenda for each
meeting. Any Supervisor having matters he desires to have considered
at a meeting shall submit them to the County Administrator for inclusion
in the agenda.
C.
Citizen's time. There shall be an agenda item known as "citizen's
time" to allow citizens to address the Board.
D.
Other items to be considered. Miscellaneous items to be presented
to the Board for action shall be placed on the agenda. This shall
include routine, old and new business.
E.
Supervisor's time. The County Administrator shall provide in
each regular meeting agenda a period during which each Board member
shall be entitled to unrestricted use of time for such purposes as
each member may deem appropriate.
F.
Informational matters. The County Administrator shall schedule a
time on the agenda to present explanatory and informational items
to the Board that do not require action. This shall consist of such
items as mail, reports, financial reports, etc.
G.
Order on agenda. The Chairman, in consultation with the County Administrator,
shall establish the order of the agenda, taking into account the need
for staff or other presentations and probable public interest in order
to maximize convenience to the public and minimize adverse impact
on the performance of normal staff functions, insofar as it is practicable.
H.
Minutes. The Clerk shall keep the minutes of the meeting of the Board.
I.
Approval of minutes. The Clerk shall prepare the minutes for distribution
to the Board on or before the Friday preceding the meeting at which
its approval will be on the agenda. Approval of the minutes shall
be the first item on each agenda, following the invocation, and shall
be approved, or corrected and approved, without reading.
A.
Persons addressing the Board. These persons shall limit their presentations
to the time allocated by the County Administrator on the agenda, unless
the Board extends such time. The County Administrator, in fixing such
time, shall take into account the complexity of the matter, its importance
in relation to other business of the Board and the time available
on the meeting date sought.
B.
Recognition. Recognition shall be given only by the presiding officer.
No person shall address the Board without having first been recognized.
When all public testimony has concluded and the Board is considering
and discussing the matter, no person shall thereafter be recognized
to address the Board.
C.
Public hearings. In instances in which a public hearing has been
scheduled by the Board, persons may address the Board without having
been placed on the agenda. No person, however, may address the Board
without having first been recognized by the presiding officer. When
all public testimony has concluded, the Board shall consider and discuss
the matter without interruption from the audience.
D.
Cumulative or repetitive testimony. Cumulative or repetitive testimony
or discussion shall not be permitted on any matters within a six-month
period by the same individual. Persons of the same position as a previous
speaker shall state their names and positions of which they agree.
E.
Questions. Questions by the Board members shall be reserved insofar
as possible for the end of a presentation to avoid interrupting the
speaker, disrupting the timekeeping process and duplicating ground
the speaker may cover.
F.
Oaths and affirmations. Oaths and affirmations may be administered
by the Chairman or person presiding in his stead. When a majority
of the Board deem it appropriate to take sworn testimony, such action
may be taken by the adoption of a motion to place a specific individual
under oath or to place all of those who will speak to a given item
of business under oath. The Chair may place an individual under oath
at any time before or during his presentation. Any such person shall
be deemed to remain under oath as to the matter with respect to which
he was sworn for the remainder of the duration of the meeting.
G.
Discussion and debate by the Board. Discussion and debate by the
Board shall be conducted following the presentation on the item of
business pending. A member who has spoken to the item shall not speak
again until each other member desiring to speak shall have an opportunity
to speak. After the Board shall have acted, any member shall have
the right to state a protest against the action and his reasons therefor.
A.
Decorum of Board members shall be maintained in order to expedite
disposition of the business before the Board. Questions and remarks
shall be limited to those relevant to the pending business. Members
shall not converse with other members or with other persons in any
manner having a disturbing effect on the conduct of business.
B.
Persons addressing the Board shall limit their remarks to those relevant
to the pending items and to answering questions. They shall address
the Board as a whole, unless answering an individual member's
questions. The presiding officer shall call the speaker to order;
if out-of-order remarks or other indecorous conduct persists, the
presiding officer shall order the speaker from the room. The order
with gavel, if not heeded, will then cause the Sheriff to carry out
the order. A person whose allotted time to speak has expired shall
be warned by the presiding officer to conclude in one minute, after
which such person shall cease his presentation, unless he is asked
to remain to answer questions from the Board.
C.
No persons in attendance shall be allowed to voice remarks except
as recognized by the presiding officer after audibly stating their
names and who they represent.
D.
Groups in the audience creating an atmosphere detrimental to or disturbing
the conduct of the meeting will be asked to leave by the presiding
officer.
E.
No person shall bring into the Board room any sign, banner or other
such item, provided the models, photos, maps, charts, drawings and
other such demonstrative materials intended for use in a presentation
by a specific person shall be permitted.
A.
Amendment of the rules may be accomplished by a majority vote of
the membership. Any proposed amendment shall be subject to further
amendment at the meeting at which the vote is taken.
B.
Suspension of the rules may occur whenever the Board shall, by majority
vote, adopt a motion to suspend the rules. In such event, the rules
shall be deemed suspended only with respect to the specific matter
or question not then in accord with the rules.
Any item not addressed by these rules of procedure shall be
dealt with according to Robert's Rules of Order for small groups.
The Carroll County Board of Supervisors Code of Ethics, attached to these rules of procedure as Exhibit A, as amended, shall apply to the conduct of all members of the Carroll County Board of Supervisors. Members of the Board of Supervisors and all members of any board, committee, authority and commission of Carroll County shall be requested to execute, on or before the first meeting after their qualification or appointment as a board, committee, authority or commission member, the Model of Excellence attached to these rules as Exhibit B, as amended.[1]
[1]
Editor's Note: Exhibits A and B are included as attachments
to this chapter.
