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Home » US Law » 2022 North Carolina General Statutes » Chapter 153A - Counties » Article 4 - Form of Government.

§ 153A-25 – Qualifications for appointive office.

153A-25. Qualifications for appointive office. The board of commissioners may fix qualifications for any appointive office, including a requirement that a person serving in such an office reside within the county. The board may not waive qualifications fixed by law for an appointive office but may fix additional qualifications for that office. (1973, c. 822, […]

§ 153A-26 – Oath of office.

153A-26. Oath of office. Each person elected by the people or appointed to a county office shall, before entering upon the duties of the office, take and subscribe the oath of office prescribed in Article VI, Sec. 7 of the Constitution. The oath of office shall be administered by some person authorized by law to […]

§ 153A-27 – Vacancies on the board of commissioners.

153A-27. Vacancies on the board of commissioners. (a) If a vacancy occurs on the board of commissioners, the remaining members of the board shall appoint a qualified person to fill the vacancy. If the number of vacancies on the board is such that a quorum of the board cannot be obtained, the chairman of the […]

§ 153A-27.1 – Vacancies on board of commissioners in certain counties.

153A-27.1. Vacancies on board of commissioners in certain counties. (a) If a vacancy occurs on the board of commissioners, the remaining members of the board shall appoint a qualified person to fill the vacancy. If the number of vacancies on the board is such that a quorum of the board cannot be obtained, the chairman […]

§ 153A-28 – Compensation of board of commissioners.

153A-28. Compensation of board of commissioners. (a) The board of commissioners may fix the compensation and allowances of the chair and other members of the board by inclusion of the compensation and allowances in and adoption of the budget ordinance. In addition, if the chair or any other member of the board becomes a full-time […]

§ 153A-30 – Withholding compensation; money judgment against board member.

153A-30. Withholding compensation; money judgment against board member. In addition to any other enforcement available, the finance officer of a county that obtains a final judgment awarding monetary damages against an elected or appointed member of the board of commissioners, either individually or jointly, may enforce that final judgment using any of the remedies set […]

§ 153A-34 – Structure of boards of commissioners.

153A-34. Structure of boards of commissioners. Each county is governed by a board of commissioners. The structure and manner of election of the board of commissioners in each county shall remain as it is on February 1, 1974, until changed in accordance with law. (Rev., s. 1311; C.S., s. 1292; 1973, c. 822, s. 1.)

§ 153A-39 – Selection of chairman and vice-chairman; powers and duties.

153A-39. Selection of chairman and vice-chairman; powers and duties. On: (1) The first Monday in December of each even-numbered year; and (2) Its first regular meeting in December of each odd-numbered year, the board of commissioners shall choose one of its members as chairman for the ensuing year, unless the chairman is elected as such […]

§ 153A-40 – Regular and special meetings.

153A-40. Regular and special meetings. (a) The board of commissioners shall hold a regular meeting at least once a month, and may hold more frequent regular meetings. The board may by resolution fix the time and place of its regular meetings. If such a resolution is adopted, at least 10 days before the first meeting […]

§ 153A-41 – Procedures.

153A-41. Procedures. The board of commissioners may adopt its own rules of procedure, in keeping with the size and nature of the board and in the spirit of generally accepted principles of parliamentary procedure. (Code, s. 706; Rev., s. 1317; C.S., s. 1296; 1945, c. 132; 1951, c. 904, s. 1; 1961, c. 154; 1967, […]

§ 153A-42 – Minutes to be kept; ayes and noes.

153A-42. Minutes to be kept; ayes and noes. The clerk shall keep full and accurate minutes of the proceedings of the board of commissioners, which shall be available for public inspection. The clerk shall record the results of each vote in the minutes; and upon the request of any member of the board, the ayes […]

§ 153A-43 – Quorum.

153A-43. Quorum. (a) A majority of the membership of the board of commissioners constitutes a quorum. The number required for a quorum is not affected by vacancies. If a member has withdrawn from a meeting without being excused by majority vote of the remaining members present, he shall be counted as present for the purposes […]

§ 153A-44 – Members excused from voting.

153A-44. Members excused from voting. The board may excuse a member from voting, but only upon questions involving the member’s own financial interest or official conduct or on matters on which the member is prohibited from voting under G.S. 14-234, 153A-340(g), or 160A-388(e)(2). For purposes of this section, the question of the compensation and allowances […]

§ 153A-45 – Adoption of ordinances.

153A-45. Adoption of ordinances. To be adopted at the meeting at which it is first introduced, an ordinance or any action having the effect of an ordinance (except the budget ordinance, any bond order, or any other ordinance on which a public hearing must be held before the ordinance may be adopted) must receive the […]

§ 153A-46 – Franchises.

153A-46. Franchises. No ordinance making a grant, renewal, extension, or amendment of any franchise may be finally adopted until it has been passed at two regular meetings of the board of commissioners. No such grant, renewal, extension, or amendment may be made except by ordinance. (1973, c. 822, s. 1.)

§ 153A-47 – Technical ordinances.

153A-47. Technical ordinances. Subject to G.S. 143-138(e), a county may in an ordinance adopt by reference a published technical code or a standard or regulation promulgated by a public agency. A technical code or standard or regulation so adopted has the force of law in any area of the county in which the ordinance is […]

§ 153A-48 – Ordinance book.

153A-48. Ordinance book. The clerk shall maintain an ordinance book, separate from the minute book of the board of commissioners. The ordinance book shall be indexed and shall be available for public inspection in the office of the clerk. Except as provided in this section and in G.S. 153A-47, each county ordinance shall be filed […]

§ 153A-49 – Code of ordinances.

153A-49. Code of ordinances. A county may adopt and issue a code of its ordinances. The code may be reproduced by any method that gives legible and permanent copies, and may be issued as a securely bound book or books with periodic separately bound supplements, or as a loose-leaf book maintained by replacement pages. Supplements […]

§ 153A-50 – Pleading and proving county ordinances.

153A-50. Pleading and proving county ordinances. County ordinances shall be pleaded and proved under the rules and procedures of G.S. 160A-79. References to G.S. 160A-77 and G.S. 160A-78 appearing in G.S. 160A-79 are deemed, for purposes of this section, to refer to G.S. 153A-49 and G.S. 153A-48, respectively. (1973, c. 822, s. 1.)

§ 153A-52 – Conduct of public hearing.

153A-52. Conduct of public hearing. The board of commissioners may hold public hearings at any place within the county. The board may adopt reasonable rules governing the conduct of public hearings, including but not limited to rules (i) fixing the maximum time allotted to each speaker, (ii) providing for the designation of spokesmen for groups […]