HHSB Revised Adopted Operating Procedures August 2023
Health and Human Services Board
Operating Procedures
August 2023
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Health and Human Services Board Operating Procedures Table of Contents
Name and Office ......................................................................................................................................................................................................................... 3
Purpose of the Board.................................................................................................................................................................................................................. 3
Roles and Responsibilities .......................................................................................................................................................................................................... 3
Organizational Chart .............................................................................................................................................................................................................. 3
Communication with Staff ..................................................................................................................................................................................................... 3
Board Authority ..................................................................................................................................................................................................................... 4
Membership ............................................................................................................................................................................................................................... 4
Appointment .......................................................................................................................................................................................................................... 4
Term ...................................................................................................................................................................................................................................... 5
Vacancy .................................................................................................................................................................................................................................. 5
Removal ................................................................................................................................................................................................................................. 5
Resignation ............................................................................................................................................................................................................................ 5
Travel ..................................................................................................................................................................................................................................... 6
Conflict of Interest ................................................................................................................................................................................................................. 6
Officers and Committees ............................................................................................................................................................................................................ 6
Chair and Vice Chair ............................................................................................................................................................................................................... 6
Secretary ................................................................................................................................................................................................................................ 6
Election of Officers................................................................................................................................................................................................................. 6
Nomination ............................................................................................................................................................................................................................... 7
Ad Hoc Committee ................................................................................................................................................................................................................. 7
Meetings ..................................................................................................................................................................................................................................... 7
Regular Meeting .................................................................................................................................................................................................................... 7
Special Meeting ..................................................................................................................................................................................................................... 7
Emergency Meeting ............................................................................................................................................................................................................... 7
Electronic Participation in Meetings ...................................................................................................................................................................................... 7
Agenda ................................................................................................................................................................................................................................... 7
Presiding Officer .................................................................................................................................................................................................................... 8
Quorum ................................................................................................................................................................................................................................. 8
Voting .................................................................................................................................................................................................................................... 8
Minutes .................................................................................................................................................................................................................................. 9
Closed Session ....................................................................................................................................................................................................................... 9
Amendment to Operating Procedures ....................................................................................................................................................................................... 9
Other Procedural Matters .......................................................................................................................................................................................................... 9
Action by the Board ............................................................................................................................................................................................................... 9
Public Comment................................................................................................................................................................................................................... 10
Appointment / Dismissal of HHS Director ............................................................................................................................................................................ 10
Appeal Hearing .................................................................................................................................................................................................................... 10
Rule-Making Authority ............................................................................................................................................................................................................. 10
Compliance with North Carolina Law....................................................................................................................................................................................... 11
Procedure Responsibility and Management ............................................................................................................................................................................ 11
Response to Public and Media Inquiries .................................................................................................................................................................................. 11
Appendices ............................................................................................................................................................................................................................... 13
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1. Name and Office.
On March 18, 2019, the New Hanover County Board of Commissioners adopted a resolution establishing
the New Hanover County Consolidated Health and Human Services Board, which will be generally known
as the New Hanover County Health and Human Services Board (hereinafter referred to as "HHS Board").
The principal office of the Board is located in the Health and Human Services Building, 4th Floor
Administrative Offices, 1650 Greenfield Street, Wilmington, NC 28401.
2. Purpose of the Board.
The Health and Human Services (HHS) Board is the policy-making, rule-making, and administrative board
for the New Hanover County Consolidated Human Services Agency (hereinafter referred to as "Health
and Human Services" agency) which consists of Public Health and Social Services. State law allows for
the consolidation of Human Services departments and, if the Public Health Department is affected, the
HHS Board is charged with the statutory responsibilities of a local Public Health Board. The New Hanover
County HHS Board has the authority to adopt local rules which address health issues, and which are
enforced by the Assistant County Manager/Health and Human Services Director (or Interim Director)
and staff of the Health and Human Services Agency.
3. Roles and Responsibilities.
a. Communication with Staff. As a matter of professional courtesy, members of the Health and Human
Services Board will notify the Assistant County Manager/Health and Human Services Director prior to
any policy related or rule making conversations (meetings) held with department directors and/or staff.
General queries (simple questions that do not require more than basic knowledge) of department
directors and staff may be made using normal communication methods (phone call, in person, email,
etc.).
b. Board Authority. The Health and Human Services Board has the authority to:
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1) set fees for departmental services based upon recommendations of the Assistant County
Manager/Health and Human Services Director (or Interim Director) and approved by the Board of County
Commissioners. Fees are subject to the same restrictions on amount and scope that would apply if the
fees were set by a county board of health, a county board of social services or a mental health,
developmental disabilities, and substance abuse area authority;
2) assure compliance with laws related to State and federal programs;
3) recommend creation of local human services programs;
4) adopt local health regulations and participate in enforcement appeals of local regulations;
5) perform regulatory health functions required by State law;
6) act as coordinator or agent of the State to the extent required by State or federal law;
7) plan and recommend a budget for health and human services;
8) conduct audits and reviews of human services programs, including quality assurance activities, as
required by State and federal law or as may otherwise be necessary periodically;
9) advise local officials through the County Manager;
10) perform public relations and advocacy functions;
11) protect the public health to the extent required by law;
12) develop dispute resolution procedures for human services contractors, customers and public
advocates, subject to applicable State and federal dispute resolution procedures for human services
programs, when applicable;
13) advise county and municipal authorities in developing policies and plans to improve the social
conditions of the community; and
14) establish local policies for public assistance and social services programs that are consistent with
State and federal requirements.
4. Membership.
a. Appointments. Membership of the New Hanover County Health and Human Services (HHS) Board is
prescribed by State law (N.C.G.S. 153A-77(c)(1a-5)). The initial HHS Board is comprised of 15 members
or such number as the New Hanover County Board of Commissioners shall determine at a later date.
Members are appointed by the New Hanover County Board of Commissioners.
Membership of the New Hanover County HHS Board will include:
1 Licensed Physician 1 Licensed / Registered Nurse
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1 Licensed Dentist
1 Licensed Optometrist
1 Licensed Veterinarian
1 Licensed Pharmacist
1 Professional Engineer
1 Licensed Social Worker
1 Licensed Psychologist
1 Licensed Psychiatrist
1 County Commissioner
4 At-Large / Consumers of Human Services
A member may serve a dual capacity (professional capacity and consumer); however, there must be four
(4) Consumers of Human Services representatives (N.C.G.S. 153A-77).
As a member, each member will receive initial orientation training from the Assistant County
Manager/Health and Human Services Director on the HHS Board roles and responsibilities, public health
and social services, and administrative tasks. Each member will also receive annual training on the
board’s roles and responsibilities.
b. Terms. Except as provided in this subsection, members of the HHS Board will serve staggered four-
year terms (N.C.G.S. 153A-77(c)). No board member shall serve more than two (2) full consecutive four-
year terms. Members must be residents of New Hanover County. A county commissioner’s term shall be
consistent with the New Hanover County Board of Commissioners appointing practices and shall serve
only as long as the member is a county commissioner per N.C.G.S. 153A-77(c). The County
Commissioners may appoint a member for less than a four-year term to achieve a staggered term
structure.
c. Vacancies. Vacancies are filled for any unexpired portion of a term and do not count towards a person
serving two consecutive four-year terms.
d. Removal from the HHS Board. A member may be removed from office by the Board of Commissioners
for: (1) commission of a felony or other crime involving moral turpitude; (2) violation of state law
governing conflict of interest; (3) violation of a written policy adopted by the New Hanover County Board
of Commissioners; (4) habitual failure to attend board meetings; (5) conduct that tends to bring the
office into disrepute; or (6) failure to maintain qualifications for appointment required in Section 4 of
this Article. A board member may be removed only after the member has been given written notice of
the basis for removal and has had the opportunity to respond.
Members are expected to notify the HHS Board or Chair of absences and the reason behind the absence
in a timely manner, preferably in advance of such absence. The Board will take a vote to determine if the
absence will be considered excused or unexcused, based on the majority of those present. The Chair will
contact a member absent from more than half of the official meetings and/or with three (3) unexcused
absences within the calendar year to determine that member's interest in serving or ability to continue
to serve. If the member cannot improve attendance, he/she will be asked to resign. The chairperson will
notify the Chair of the Board of Commissioners and request that a replacement be appointed.
e. Resignations. Any member of the HHS Board may resign at any time by giving written notice to the
chairperson or vice-chairperson of the board and Clerk to the Board of County Commissioners. The
resignation of any member will take effect upon receipt of the notice thereof or at such later date as is
specified in such a notice; and, unless otherwise specified therein, the acceptance of such resignation
will not be necessary to make it effective.
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f. Travel for Official Business. From time to time, a member may travel to attend training or to represent
or conduct business on behalf of the HHS Board. A member may receive a per diem, mileage
reimbursement, and/or reimbursement for other travel expenses in accordance with New Hanover
County travel policies and availability of budgeted funds.
g. Conflict of Interest: It is the policy of the HHS Board that no member will participate in, discuss or cast
a vote on any matter or issue in which a conflict of interest may exist, as defined by North Carolina law.
If a board member believes he/she has a potential conflict of interest on a particular issue, that member
should state that belief to the other members of his/her respective board during a public meeting. The
member should state the nature of the conflict, detailing that he/she has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration. The member should then excuse
himself/herself from voting on the matter.
5. Officers and Committees.
a. Chair and Vice-Chair. The Health and Human Services (HHS) Board will elect its own Chairperson
(“Chair”) and Vice Chairperson (“Vice-Chair”) annually. These officers will perform the duties as
prescribed in these operating procedures, the Public Health & Related Law of N.C., the Social Services
and Related Law of N.C.
b. Secretary. The Assistant County Manager/Health and Human Services Director (or Interim Director)
shall serve as Secretary to the Board but is not a voting member of the HHS Board. The Secretary will
notify the HHS Board members of upcoming HHS Board meetings, record the minutes of the meetings,
and distribute them to the Board members. The Assistant County Manager/Health and Human Services
Director may appoint a staff member to serve as Recording Secretary.
c. Election of Officers. The Board will appoint a Nominating Committee of two members at least 20 days
before the election of officers. It is the duty of this committee to nominate candidates for the office of
Chairperson and candidates for the office of Vice-Chairperson at the regular meeting when officers are
to be elected.
i. The Chairperson and Vice-Chairperson are elected annually at the first meeting of the County’s fiscal
year. The Assistant County Manager/Health and Human Services Director as Secretary to the Board, will
temporarily preside at the annual election. In addition to the nominations by the Nominating Committee,
any Board member may make a motion to place other names on the ballot for consideration. This motion
will require a second for additional names to be added to the ballot.
ii. Once nominations for Chairperson are closed, the floor is open for discussion. At the end of the
discussion, the Assistant County Manager/Health and Human Services Director, acting as temporary
chairperson, may call for a vote.
iii. The newly elected Chairperson immediately takes office and presides over the HHS Board. The new
Chairperson will then preside over the election of a Vice-Chairperson, and approve a schedule of regular
meetings for the New Year.
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iv. The newly elected officers will serve one year or until their successors are elected.
d. Ad Hoc Committees. The HHS Chair may establish and appoint members of temporary (ad hoc)
committees. These committees will meet as necessary to carry out the work of the HHS Board. All ad
hoc committees are subject to the North Carolina open meetings laws and shall comply with the
provisions of those laws.
6. Meetings.
a. Regular Meetings. New Hanover County Health and Human Services Board meetings are held on the
third Tuesday of each month at 8:00 a.m. at the Health and Human Services Building, 1650 Greenfield
Street, Wilmington, NC 28401. The meetings are open to the public.
Attendees shall sign-in as evidence of attendance.
All meetings of the HHS Board are subject to applicable provisions of North Carolina law, including of
North Carolina's open meetings law, public records laws, and the laws setting forth the powers and
duties of local boards of health and social services. The Assistant County Manager/Health and Human
Services Director shall maintain a current copy of applicable North Carolina General Statutes and make
them available to Board members upon request.
b. Special Meetings. Special meetings may be called by the Chair or by three of the members of the HHS
Board.
c. Emergency Meetings. An emergency meeting may be called by the Chair only because of generally
unexpected circumstances that require immediate consideration. Only business connected with the
emergency may be considered at the emergency meeting.
d. Electronic Participation in Meetings. Upon good cause and with prior approval from the HHS Chair, a
member may participate remotely in a regular or special meeting via electronic means for purposes of
discussion, determining quorum and voting. The participating member shall have access to all materials
being discussed at the meeting, and the electronic means must provide a mechanism for the Board,
public and participating member to hear/observe all conversations, discussions and voting. The
Secretary will work with the HHS Chair to make the appropriate technological accommodations and
share that information with the HHS Board.
e. Agenda. The Secretary of the HHS Board shall prepare an agenda for each meeting. HHS Board
members may ask for an item to be placed on the agenda by submitting a request to Chair and copying
the Secretary at least eight (8) working days before the meeting. The Chair will review, modify and/or
approve the draft agenda in consultation with the Secretary. For regular meetings, the Board may add
items to the agenda or remove items from the agenda by a majority vote. The agenda for a special or
emergency meeting may be altered as permitted by and in accordance with the North Carolina open
meetings laws.
Any person may request that an item be placed on the Board's agenda by submitting a written request
to the HHS Chair at least ten (10) working days before the meeting.
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f. Presiding Officer.
i. The Chair will preside at all meetings, will appoint appropriate committees, and will assist these
committees in carrying out the duties for which they are appointed. The Chair may establish ad hoc
committees and appoint members to such committees as are required by law or needed to help carry
on the HHS Board's work.
ii. The Vice-Chair will preside in the absence of the Chair and will perform such duties as assigned by the
Chair. Should the office of the Chair be vacated for any reason, the Vice-Chair will fill the unexpired term
of office and a new Vice-Chair is elected by the HHS Board.
iii. In the absence of the Chair and Vice-Chair, another member of the HHS Board may be designated by
a majority vote of the members present to preside.
iv. The presiding officer has the following powers: 1) to rule motions in or out of order; 2) to recognize a
member so that they may address the board; (3) to determine whether a speaker has gone beyond
reasonable standards of time or courtesy; (4) to call a recess at any time; or (5) to adjourn in the case of
an emergency.
g. Quorum. A majority of the actual membership of the Board, excluding vacant seats, shall constitute a
quorum.
h. Voting. Each member has one vote. Voting by proxy is not permitted. A quorum must be present to
vote on any issue. A member must abstain from voting in cases involving conflict of interest as defined
in Section 4 (Membership), item g (Conflict of Interest) of these governing documents. With the
exception of revisions to these governing documents, voting to take action will be decided by a simple
majority of the members present.
i. Duty to Vote. Once a meeting has been convened, every member, including the Chair, must vote unless
excused by a majority vote of those members present. A member who wishes to be excused from voting
shall so inform the Chair, who shall take a vote of the remaining members. The Board may excuse a
member from voting, but only upon questions involving his/her own financial interest or his/her official
conduct or on matters on which the member is prohibited from voting under NCGS §14-234. For
purposes of this rule, the question of the compensation and allowances of members of the Board does
not involve a member’s own financial interest or official conduct. Refusal to vote (without just cause)
shall be recorded as an affirmative vote.
j. Minutes.
i. Minutes of the HHS Board meetings will be recorded by the Secretary or their designee (Recording
Secretary), and copies of the minutes will be distributed to Board members one calendar week after the
meeting.
ii. At each regular meeting, the HHS Board shall review the minutes of the previous regular meeting as
well as any special or emergency meetings that have occurred since the previous regular meeting,
making any necessary revisions, and approve the minutes as originally drafted or as revised.
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iii. Meeting minutes will be posted on the New Hanover County Board of Commissioner’s site for minutes
of boards and committees and available at the administrative offices of the Health and Human Services
Building. Until such time as the Health and Human Services building opens, copies will be kept at the
County manager’s Office. The public may obtain copies by submitting a request in writing to the
Secretary.
k. Closed Session. The HHS Board may hold a closed session only upon a motion adopted in open session
when a quorum is present. The motion must state the general purpose of the closed session and the
matter to be considered must be one or more of the subjects listed in N.C.G.S. 143-318.11 (see Appendix
A).
The HHS Board may not hold a closed (or open) session for any personnel matter, because the scope of
such review is solely within the purview of New Hanover County Administration.
Furthermore, if the motion to go into closed session is to prevent the disclosure of information privileged
or confidential pursuant to the law of this State or of the United States, or not considered public record
within the meaning of Chapter 132 of the General Statutes, the Board shall also state the name or
citation of law that renders information to be discussed privileged or confidential. The record of the
motion having been made and passed must appear in the minutes of the open session. A sample motion
for going into closed session is attached in Appendix B.
7. Amendments to Operating Procedures. These operating procedures may be amended at any regular
meeting or at any properly called special meeting that includes amendment of the operating procedures
as one of the stated purposes of the meeting. Amendments or exceptions to these operating procedures
may only be amended by the HHS Board by a two-thirds vote of the entire membership.
8. Other Procedural Matters.
a. Action by the Board.
i. The HHS Board shall proceed by motion. Any member, including the Chair, may make a motion.
ii. All motions require a second before the motion can be discussed.
iii. A member may make only one motion at a time.
iv. A substantive motion is out of order while another substantive motion is pending.
v. A motion shall be adopted by simple majority of the votes cast, a quorum being present, unless
otherwise required by the procedures in this document or the laws of North Carolina.
vi. The Chair shall state the motion and open the floor to discussion on it. The Chair shall preside over
the discussion according to these general principles:
a) The member who makes the motion is entitled to speak first;
b) A member who has not spoken on the issue shall be recognized before someone who has
already spoken;
c) To the extent possible, the discussion shall alternate between opponent and proponents of
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the measure.
vii. Unless otherwise noted, each motion is debatable, may be withdrawn by the introducer at any time
before voting, or amended.
viii. A motion to reconsider a decision or action and bring it back for further discussion (or renew a
motion that was defeated) must be made and supported by a majority of the HHS Board present, unless
a motion to prevent consideration has been adopted.
b. Public Comment. The HHS Board shall provide an opportunity at the end of each meeting for members
of the public to address one or more issues that are on the agenda for that meeting or who wish to speak
about a matter relating to Health and Human Services other than a matter on the agenda. Any person
who wishes to address the Board during the public comment session must register by completing a New
Hanover County Health and Human Services Public Comment sign-in sheet prior to the start of the
meeting. Each speaker will be allowed a maximum of three (3) minutes to address the Board. The public
comment session will be limited to a total of thirty (30) minutes. Depending upon the situation, the
Board Chair will determine how many individuals will be allowed to speak and the time to be allotted for
such speakers.
c. Appointment and/or Dismissal of Health and Human Services Agency Director. The Health and
Human Services Director shall be appointed and/or dismissed by the County Manager with the advice
and consent of the HHS Board.
d. Appeal Hearings. Appeals may be heard concerning interpretation and enforcement of rules adopted
by the HHS Board and concerning the imposition of administrative penalties by the Assistant County
Manager/Health and Human Services Director. Such appeals will be conducted in accordance to the
procedures defined in GS 130A-24.
9. Rule-Making Authority.
a. The Board is responsible for protecting and promoting the public health and will adopt rules necessary
for that purpose. These rules will apply to all municipalities within the Board's jurisdiction.
b. In areas already under regulation by the Commission for Health Services or Environmental
Management Commission, the HHS Board, may adopt a more stringent rule when, in its opinion, such is
required to protect the public health. Otherwise, the rules of the aforementioned State Commissions
will prevail.
c. The Board may not adopt rules concerning the grading and permitting of food and lodging facilities,
which come under the rules of the Commission for Health Services.
d. The following policy will apply before the adoption, amendment, or repeal of any local HHS Board
rule. Not less than 10 days before the Board acts.
i. The proposed rule or rule change is available at the office of the County Clerk to the Board of
Commissioners.
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ii. A notice is published in a newspaper having general circulation within the area of the Board's
jurisdiction. This notice will include the subject of the proposed rule or rule change, or description of
subjects and issues involved, the effective date, and a statement that copies of the rules proposed or to
be changed are available at the local health department and the office of the Clerk to the Board of
Commissioners.
e. Rules adopted by the HHS Board become effective upon adoption unless a later date is specified in
the rule.
f. Copies of rules are filed with the Assistant County Manager/Health and Human Services Director and
the local health director.
g. The HHS Board may, in its rules, adopt by reference any code, standard, rule or regulation of any
agency of this state, another state, any agency of the United States or by a generally recognized
association. Copies are filed with the other Board rules.
See also Appendix A and B – HHS Board Policies on Rules Adoption, Amendment, Repeal, and Rules
Adjudication
10. Compliance with North Carolina Law.
In conducting its business, the Board shall comply with all applicable North Carolina laws, including but
not limited to open meetings laws, public records laws, and the laws setting forth the power and duties
of local boards of health and social services. To assist the Board in compliance, the Assistant County
Manager/Health and Human Services Director will maintain a current copy of relevant North Carolina
General Statutes and make them available to Board members upon request.
11. Procedure Responsibility and Management.
a. This procedure shall be reviewed annually by the HHS Board and the County Attorney’s Office.
b. New Board members will receive a copy of the Board Operations Manual and review it as part of their
orientation.
12. Response to Public and Media Inquiries.
Because of potential contact with the media, other public officials and community representatives,
board members should be good communicators who represent the agency's goals and objectives. It is
typically the practice of boards that the board chair act as spokesperson for the board. Such practice
ensures that conflicting information will not occur. It is crucial that all board members understand the
board's position and present that with a united voice.
All media inquiries related to New Hanover County and the Health and Human Services Board should be
coordinated through New Hanover County’s Communications and Outreach Department to manage
responses and/or interviews. A media policy specific to HHSB will govern this process.
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Approved and adopted by the New Hanover County Health and Human Services Board on July 1, 2019.
CHANGE HISTORY:
Version Date Comments
A 07/1/2019 Original Document
B 07/19/2022 Updated Document
C 08/15/2023 Added Board attendance sign-in, removed reference to interim HHS director, and
made formatting and grammar updates.
Annual Review
___________________________________ ___________________________________
Chair, HHS Board Secretary, HHS Board
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APPENDICES – May be updated from time to time as laws, case law, and best practices change and /
or new laws added and do not require approval by the HHS Board
Appendix A - Statutory References
G.S. 108A-1 - Creation
G.S. 108A-9 - Duties and Responsibilities
G.S. 108A-15.1 - Consolidated human services board; human services director.
G.S. 108A, Article 2 - Programs of Public Assistance (document available upon request)
G.S. 130A - Public Health
G.S. 130A-1.1 - Mission and Essential Services
G.S. 130A-34 - Provision of local public health services
G.S. 130A-39 - Powers and duties of local board of health
G.S. 130A-41 - Powers and duties of local health director
G.S. 130A-43 - Consolidated Human Services Agency; board, director
G.S. 132.1 - Public Records Defined
G.S. 143-318.11 - Permitted Uses of Closed Session
G.S.153A-77 - Authority of boards of commissioners over commissions, boards, agencies, etc.
Appendix B - Sample Motion for going into Closed Session
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APPENDIX A § 108A-1. (Effective March 1, 2019) Creation. Every county shall have a governing board for social services, which may be a county board of social services
created pursuant to this Part, a consolidated human services board created pursuant to G.S. 153A-77(b), a board of county commissioners that has assumed the powers and duties of a county board of social services or a consolidated human services board, or a regional board of social services created pursuant to G.S. 108A-15.8. The governing board shall establish policies for the programs established by this Chapter in conformity
with the rules and regulations of the Social Services Commission and under the supervision of the Department of Health and Human Services. Provided, however, policies for the program of medical assistance shall be established in conformity with the rules and regulations of the Department of Health and Human Services. (1917, c. 170, s. 1; 1919, c. 46, s. 3; C.S., s. 5014; 1937, c. 319, s. 3; 1941, c. 270, s. 2; 1945, c. 47; 1953, c.
132; 1955, c. 249; 1957, c. 100, s. 1; 1959, c. 1255, s. 1; 1961, c. 186; 1963, c. 139; c. 247, ss. 1, 2; 1969, c. 546, s. 1; 1973, c. 476, s. 138; 1977, 2nd Sess., c. 1219, s. 6; 1981, c. 275, s. 1; 1995 (Reg. Sess., 1996), c. 690, s. 5; 1997-443, s. 11A.118(a); 2017-41, s. 4.2.) § 108A-9. Duties and responsibilities.
The county board of social services shall have the following duties and responsibilities: (1) To select the county director of social services according to the merit system rules of the North Carolina Human Resources Commission;
(2) To advise county and municipal authorities in developing policies and plans to improve the social conditions of the community;
(3) To consult with the director of social services about problems relating to his office, and to assist him in planning budgets for the county department of social services;
(4) To transmit or present the budgets of the county department of social services for public assistance, social services, and administration to the board of county commissioners;
(5) To have such other duties and responsibilities as the General Assembly, the Department of Health and Human Services or the Social Services Commission or the board of county commissioners may assign to it. (1917, c. 170, s. 1; 1919, c. 46, s. 3; C.S., s. 5014; 1937, c. 319, s. 3; 1941, c. 270, s. 2; 1945, c. 47; 1953, c.
132; 1955, c. 249; 1957, c. 100, s. 1; 1959, c. 1255, s. 1; 1961, c. 186; 1963, c. 139; c. 247, ss. 1, 2; 1969, c. 546, s. 1; 1973, c. 476, s. 138; 1977, 2nd Sess., c. 1219, s. 7; 1981, c. 275, s. 1; 1997-443, s. 11A.118(a); 2013-382, s. 9.1(c).)
§ 108A-15.1. Consolidated human services board; human services director.
(a) Except as otherwise provided by this section and subject to any limitations that may be imposed by the board of county commissioners under G.S. 153A-77, a consolidated human services board created pursuant to G.S. 153A-77(b) shall have the responsibility and authority to carry out the programs established in this Chapter in conformity with the rules and regulations of the Social Services Commission and under the supervision of the Department of Health and Human Services in the same manner as a county social services
board. (b) In addition to the powers conferred by G.S. 153A-77(d), a consolidated human services board shall have all the powers and duties of a county board of social services as provided by G.S. 108A-9, except that the consolidated human services board may not:
(1) Appoint the human services director. (2) Transmit or present the budget for social services programs. (c) In addition to the powers conferred by G.S. 153A-77(e), a human services director shall have all the powers and duties of a director of social services provided by G.S. 108A-14, except that the human services director
may: (1) Serve as the executive officer of the consolidated human services board only to the extent and in the manner authorized by the county manager
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(2) Appoint staff of the consolidated human services agency only upon the approval of the county manager. (1995 (Reg. Sess., 1996), c. 690, s. 9; 1997-443, s. 11A.118(a).)
§ 130A-1.1. Mission and essential services. (a) The General Assembly recognizes that unified purpose and direction of the public health system is necessary to ensure that all citizens in the State have equal access to essential public health services. The General Assembly declares that the mission of the public health system is to promote and contribute to the
highest level of health possible for the people of North Carolina by: (1) Preventing health risks and disease; (2) Identifying and reducing health risks in the community;
(3) Detecting, investigating, and preventing the spread of disease; (4) Promoting healthy lifestyles;
(5) Promoting a safe and healthful environment; (6) Promoting the availability and accessibility of quality health care services through the private sector; and
(7) Providing quality health care services when not otherwise available. (b) A local health department shall ensure that the following 10 essential public health services are available and accessible to the population in each county served by the local health department:
(1) Monitoring health status to identify community health problems. (2) Diagnosing and investigating health hazards in the community. (3) Informing, educating, and empowering people about health issues.
(4) Mobilizing community partnerships to identify and solve health problems. (5) Developing policies and plans that support individual and community health efforts. (6) Enforcing laws and regulations that protect health and ensure safety.
(7) Linking people to needed personal health care services and ensuring the provision of health care when otherwise unavailable.
(8) Ensuring a competent public health workforce and personal health care workforce. (9) Evaluating effectiveness, accessibility, and quality of personal and population-based health services. (10) Conducting research. (c) The General Assembly recognizes that there are health-related services currently provided by State and
local government and the private sector that are important to maintaining a healthy social and ecological environment but that are not included on the list of essential public health services required under this section. Omission of these services from the list of essential public health services shall not be construed as an intent to prohibit or decrease their availability. Rather, such omission means only that the omitted services may be
more appropriately assured by government agencies or private entities other than the public health system. (d) The list of essential public health services required by this section shall not be construed to limit or restrict the powers and duties of the Commission for Public Health or the Departments of Environmental Quality and Health and Human Services as otherwise conferred by State law. (1991, c. 299, s. 1; 1997-443, s. 11A.54; 2007-182, s. 2; 2009-442, s. 1; 2012-126, s. 4; 2012-194, s. 62; 2015-241, s. 14.30(u).)
§ 130A-34. Provision of local public health services. (a) A county shall provide public health services.
(b) A county shall operate a county health department, establish a consolidated human services agency pursuant to G.S. 153A-77, participate in a district health department, or contract with the State for the provision of public health services. (1901, c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S., s. 7604; 1931, c. 149; 1941, c. 185; 1945, c. 99; c. 1030, s. 2; 1947, c. 474, s. 3; 1951, c. 92; 1957, c. 1357, s. 1; 1963, c. 359; 1967, c. 1224, s. 1; 1969, c. 719, s. 1; 1971, c. 175, s. 1; 1973, c. 137, s. 1; c. 1151; 1975, c. 272; 1979, c. 621; 1983, c. 891,
s. 2; 1995 (Reg. Sess., 1996), c. 690, s. 13.) § 130A-39. Powers and duties of a local board of health.
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(a) A local board of health shall have the responsibility to protect and promote the public health. The board
shall have the authority to adopt rules necessary for that purpose.
(b) A local board of health may adopt a more stringent rule in an area regulated by the Commission for Public Health or the Environmental Management Commission where, in the opinion of the local board of health, a more stringent rule is required to protect the public health; otherwise, the rules of the Commission for Public
Health or the rules of the Environmental Management Commission shall prevail over local board of health rules. However, a local board of health may not adopt a rule concerning the grading, operating, and permitting of food and lodging facilities as listed in Part 6 of Article 8 of this Chapter and as defined in G.S. 130A-247(1), and a local board of health may adopt rules concerning wastewater collection, treatment and disposal systems
which are not designed to discharge effluent to the land surface or surface waters only in accordance with G.S. 130A-335(c).
(c) The rules of a local board of health shall apply to all municipalities within the local board's jurisdiction. (d) Not less than 10 days before the adoption, amendment or repeal of any local board of health rule, the proposed rule shall be made available at the office of each county clerk within the board's jurisdiction, and a
notice shall be published in a newspaper having general circulation within the area of the board's jurisdiction. The notice shall contain a statement of the substance of the proposed rule or a description of the subjects and issues involved, the proposed effective date of the rule and a statement that copies of the proposed rule are available at the local health department. A local board of health rule shall become effective upon adoption
unless a later effective date is specified in the rule. (e) Copies of all rules shall be filed with the secretary of the local board of health.
(f) A local board of health may, in its rules, adopt by reference any code, standard, rule or regulation which has been adopted by any agency of this State, another state, any agency of the United States or by a generally recognized association. Copies of any material adopted by reference shall be filed with the rules.
(g) A local board of health may impose a fee for services to be rendered by a local health department, except where the imposition of a fee is prohibited by statute or where an employee of the local health department is performing the services as an agent of the State. Notwithstanding any other provisions of law, a local board of health may impose cost-related fees for services performed pursuant to Article 11 of this Chapter, "Wastewater
Systems," for services performed pursuant to Part 10, Article 8 of this Chapter, "Public Swimming Pools", for services performed pursuant to Part 11, Article 8 of this Chapter, "Tattooing", and for services performed pursuant to G.S. 87-97. Fees shall be based upon a plan recommended by the local health director and approved by the local board of health and the appropriate county board or boards of commissioners. The fees collected
under the authority of this subsection are to be deposited to the account of the local health department so that they may be expended for public health purposes in accordance with the provisions of the Local Government Budget and Fiscal Control Act. (1901, c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S., s. 7065; 1957, c. 1357, s. 1; 1959, c. 1024, s. 1; 1963, c. 1087; 1973, c. 476, s. 128; c. 508; 1977, c. 857, s. 2; 1981, c. 130, s. 2; c. 281; c. 949, s. 4; 1983, c. 891, s. 2; 1985, c. 175, s. 1; 1989, c. 577, s. 2; 1991 (Reg. Sess., 1992), c. 944, s. 10;
1993 (Reg. Sess., 1994), c. 670, s. 2; 1995, c. 507, s. 26.8(c); 2006-202, s. 6; 2007-182, s. 2.)
§ 130A-41. Powers and duties of local health director. (a) A local health director shall be the administrative head of the local health department, shall perform public health duties prescribed by and under the supervision of the local board of health and the Department and shall
be employed full time in the field of public health. (b) A local health director shall have the following powers and duties: (1) To administer programs as directed by the local board of health;
(2) To enforce the rules of the local board of health; (3) To investigate the causes of infectious, communicable and other diseases;
(4) To exercise quarantine authority and isolation authority pursuant to G.S. 130A-145; (5) To disseminate public health information and to promote the benefits of good health;
(6) To advise local officials concerning public health matters; (7) To enforce the immunization requirements of Part 2 of Article 6 of this Chapter;
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(8) To examine and investigate cases of venereal disease pursuant to Parts 3 and 4 of Article 6 of this Chapter;
(9) To examine and investigate cases of tuberculosis pursuant to Part 5 of Article 6 of this Chapter; (10) To examine, investigate and control rabies pursuant to Part 6 of Article 6 of this Chapter;
(11) To abate public health nuisances and imminent hazards pursuant to G.S. 130A-19 and G.S. 130A-20; (12) To employ and dismiss employees of the local health department in accordance with Chapter 126 of the
General Statutes; [and] (13) To enter contracts, in accordance with The Local Government Finance Act, G.S. Chapter 159, on behalf of the local health department. Nothing in this paragraph shall be construed to abrogate the authority of the board of county commissioners.
(c) Authority conferred upon a local health director may be exercised only within the county or counties comprising the local health department. (1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1985, c. 175, s. 2; 1999-110, s. 1.) § 130A-43. Consolidated human services agency; board; director. (a) Except as otherwise provided by this section and subject to any limitations that may be imposed by the board of county commissioners under G.S. 153A-77, a consolidated human services agency created pursuant to G.S. 153A-77 shall have the responsibility to carry out the duties of a local health department and the
authority to administer the local public health programs established in this Chapter in the same manner as a local health department. (b) In addition to the powers conferred by G.S. 153A-77(d), a consolidated human services board shall have all the powers and duties of a local board of health as provided by G.S. 130A-39, except that the consolidated human services board may not:
(1) Appoint the human services director. (2) Transmit or present the budget for local health programs. (c) In addition to the powers conferred by G.S. 153A-77(e), a human services director shall have all the powers
and duties of a local health director provided by G.S. 130A-41, except that the human services director may: (1) Serve as the executive officer of the consolidated human services agency only to the extent and in the manner authorized by the county manager.
(2) Appoint staff of the consolidated human services agency only upon the approval of the county manager. (1995 (Reg. Sess., 1996), c. 690, s. 14.)
§ 143-318.11. Closed sessions.
(a) Permitted Purposes. – It is the policy of this State that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a closed session is required:
(1) To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes.
(2) To prevent the premature disclosure of an honorary degree, scholarship, prize, or similar award.
(3) To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. General policy matters may not be discussed in a closed session and nothing herein shall be construed to permit a public body
to close a meeting that otherwise would be open merely because an attorney employed or retained by the public body is a participant. The public body may consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration, or administrative procedure. If the public body has approved or considered a settlement, other than a malpractice settlement by or on behalf of a
hospital, in closed session, the terms of that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded. (4) To discuss matters relating to the location or expansion of industries or other businesses in the area served
by the public body, including agreement on a tentative list of economic development incentives that may be
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offered by the public body in negotiations, or to discuss matters relating to military installation closure or realignment. Any action approving the signing of an economic development contract or commitment, or the
action authorizing the payment of economic development expenditures, shall be taken in an open session. (5) To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed
contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract. (6) To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or
conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session. A public body may not consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the public body or another body and may not consider or fill a vacancy among its own membership
except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting. (7) To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct.
(8) To formulate plans by a local board of education relating to emergency response to incidents of school violence or to formulate and adopt the school safety components of school improvement plans by a local board of education or a school improvement team.
(9) To discuss and take action regarding plans to protect public safety as it relates to existing or potential terrorist activity and to receive briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken or to be taken to respond to such activity.
(10) To view a recording released pursuant to G.S. 132-1.4A. (b) Repealed by Session Laws 1991, c. 694, s. 4.
(c) Calling a Closed Session. – A public body may hold a closed session only upon a motion duly made and adopted at an open meeting. Every motion to close a meeting shall cite one or more of the permissible purposes listed in subsection (a) of this section. A motion based on subdivision (a)(1) of this section shall also state the
name or citation of the law that renders the information to be discussed privileged or confidential. A motion based on subdivision (a)(3) of this section shall identify the parties in each existing lawsuit concerning which the public body expects to receive advice during the closed session.
Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 570, s. 2. (1979, c. 655, s. 1; 1981, c. 831; 1985 (Reg. Sess., 1986), c. 932, s. 5; 1991, c. 694, ss. 3, 4; 1993 (Reg. Sess., 1994), c. 570, s. 2; 1995, c. 509, s. 84; 1997-
222, s. 2; 1997-290, s. 2; 2001-500, s. 2; 2003-180, s. 2; 2013-360, s. 8.41(b); 2014-79, s. 9(a); 2016-88, s. 3.) § 153A-77. Authority of boards of commissioners over commissions, boards, agencies, etc. (a) In the exercise of its jurisdiction over commissions, boards and agencies, the board of county commissioners may assume direct control of any activities theretofore conducted by or through any
commission, board or agency by the adoption of a resolution assuming and conferring upon the board of county commissioners all powers, responsibilities and duties of any such commission, board or agency. This section shall apply to the board of health, the social services board, area mental health, developmental disabilities, and substance abuse area board or any other commission, board or agency appointed by the board of county
commissioners or acting under and pursuant to authority of the board of county commissioners of said county except as provided in G.S. 153A-76. A board of county commissioners exercising the power and authority under this subsection may, notwithstanding G.S. 130A-25, enforce public health rules adopted by the board through the imposition of civil penalties. If a public health rule adopted by a board of county commissioners imposes a civil penalty, the provisions of G.S. 130A-25 making its violation a misdemeanor shall not be
applicable to that public health rule unless the rule states that a violation of the rule is a misdemeanor. The board of county commissioners may exercise the power and authority herein conferred only after a public hearing held by said board pursuant to 30 days' notice of said public hearing given in a newspaper having
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general circulation in said county. The board of county commissioners may also appoint advisory boards, committees, councils and agencies
composed of qualified and interested county residents to study, interpret and develop community support and cooperation in activities conducted by or under the authority of the board of county commissioners of said county. A board of county commissioners that has assumed direct control of a local health board after January 1, 2012,
and that does not delegate the powers and duties of that board to a consolidated health service board shall appoint an advisory committee consistent with the membership described in G.S. 130A-35. (b) In the exercise of its jurisdiction over commissions, boards, and agencies, the board of county commissioners of a county having a county manager pursuant to G.S. 153A-81 may: (1) Consolidate certain provisions of human services in the county under the direct control of a human services
director appointed and supervised by the county manager in accordance with subsection (e) of this section; (2) Create a consolidated human services board having the powers conferred by subsection (c) of this section; (3) Create a consolidated county human services agency having the authority to carry out the functions of any combination of commissions, boards, or agencies appointed by the board of county commissioners or acting
under and pursuant to authority of the board of county commissioners, including the local health department, the county department of social services, or the area mental health, developmental disabilities, and substance abuse services authority; and (4) Assign other county human services functions to be performed by the consolidated human services agency under the direction of the human services director, with policy-making authority granted to the consolidated
human services board as determined by the board of county commissioners. (c) A consolidated human services board appointed by the board of county commissioners shall serve as the policy-making, rule-making, and administrative board of the consolidated human services agency. The consolidated human services board shall be composed of no more than 25 members. The composition of the
board shall reasonably reflect the population makeup of the county and shall include: (1) Eight persons who are consumers of human services, public advocates, or family members of clients of the consolidated human services agency, including: one person with mental illness, one person with a developmental disability, one person in recovery from substance abuse, one family member of a person with
mental illness, one family member of a person with a developmental disability, one family member of a person with a substance abuse problem, and two consumers of other human services. (1a) Notwithstanding subdivision (1) of this subsection, a consolidated human services board not exercising powers and duties of an area mental health, developmental disabilities, and substance abuse services board shall include four persons who are consumers of human services.
(2) Eight persons who are professionals, each with qualifications in one of these categories: one psychologist, one pharmacist, one engineer, one dentist, one optometrist, one veterinarian, one social worker, and one registered nurse. (3) Two physicians licensed to practice medicine in this State, one of whom shall be a psychiatrist. (4) One member of the board of county commissioners.
(5) Other persons, including members of the general public representing various occupations. The board of county commissioners may elect to appoint a member of the consolidated human services board to fill concurrently more than one category of membership if the member has the qualifications or attributes of
more than one category of membership. All members of the consolidated human services board shall be residents of the county. The members of the board shall serve four-year terms. No member may serve more than two consecutive four-year terms. The county commissioner member shall serve only as long as the member is a county commissioner. The initial board shall be appointed by the board of county commissioners
upon the recommendation of a nominating committee comprised of members of the pre-consolidation board of health, social services board, and area mental health, developmental disabilities, and substance abuse services board. In order to establish a uniform staggered term structure for the board, a member may be appointed for less than a four-year term. After the subsequent establishment of the board, its board shall be
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appointed by the board of county commissioners from nominees presented by the human services board. Vacancies shall be filled for any unexpired portion of a term. A chairperson shall be elected annually by the
members of the consolidated human services board. A majority of the members shall constitute a quorum. A member may be removed from office by the county board of commissioners for (i) commission of a felony or other crime involving moral turpitude; (ii) violation of a State law governing conflict of interest; (iii) violation of a written policy adopted by the county board of commissioners; (iv) habitual failure to attend meetings; (v)
conduct that tends to bring the office into disrepute; or (vi) failure to maintain qualifications for appointment required under this subsection. A board member may be removed only after the member has been given written notice of the basis for removal and has had the opportunity to respond. A member may receive a per diem in an amount established by the county board of commissioners. Reimbursement for subsistence and travel shall be in accordance with a policy set by the county board of commissioners. The board shall meet at least
quarterly. The chairperson or three of the members may call a special meeting. (d) The consolidated human services board shall have authority to: (1) Set fees for departmental services based upon recommendations of the human services director. Fees set under this subdivision are subject to the same restrictions on amount and scope that would apply if the fees
were set by a county board of health, a county board of social services, or a mental health, developmental disabilities, and substance abuse area authority. (2) Assure compliance with laws related to State and federal programs.
(3) Recommend creation of local human services programs. (4) Adopt local health regulations and participate in enforcement appeals of local regulations.
(5) Perform regulatory health functions required by State law.
(6) Act as coordinator or agent of the State to the extent required by State or federal law. (7) Plan and recommend a consolidated human services budget.
(8) Conduct audits and reviews of human services programs, including quality assurance activities, as required by State and federal law or as may otherwise be necessary periodically.
(9) Advise local officials through the county manager. (10) Perform public relations and advocacy functions.
(11) Protect the public health to the extent required by law. (12) Perform comprehensive mental health services planning if the county is exercising the powers and duties
of an area mental health, developmental disabilities, and substance abuse services board under the consolidated human services board.
(13) Develop dispute resolution procedures for human services contractors and clients and public advocates, subject to applicable State and federal dispute resolution procedures for human services programs, when applicable.
Except as otherwise provided, the consolidated human services board shall have the powers and duties
conferred by law upon a board of health, a social services board, and an area mental health, developmental disabilities, and substance abuse services board. Local employees who serve as staff of a consolidated county human services agency are subject to county personnel policies and ordinances only and are not subject to the provisions of the North Carolina Human Resources Act, unless the county board of commissioners elects to subject the local employees to the
provisions of that Act. All consolidated county human services agencies shall comply with all applicable federal laws, rules, and regulations requiring the establishment of merit personnel systems. (e) The human services director of a consolidated county human services agency shall be appointed and dismissed by the county manager with the advice and consent of the consolidated human services board. The human services director shall report directly to the county manager. The human services director shall:
(1) Appoint staff of the consolidated human services agency with the county manager's approval. (2) Administer State human services programs.
(3) Administer human services programs of the local board of county commissioners. (4) Act as secretary and staff to the consolidated human services board under the direction of the county
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manager.
(5) Plan the budget of the consolidated human services agency. (6) Advise the board of county commissioners through the county manager.
(7) Perform regulatory functions of investigation and enforcement of State and local health regulations, as required by State law.
(8) Act as an agent of and liaison to the State, to the extent required by law. (9) Appoint, with the county manager's approval, an individual that meets the requirements of G.S. 130A-40(a).
Except as otherwise provided by law, the human services director or the director's designee shall have the same powers and duties as a social services director, a local health director, or a director of an area mental health, developmental disabilities, and substance abuse services authority. (f) Repealed by Session Laws 2012-126, s. 1, effective June 29, 2012. (1973, c. 454, ss. 1-21/2; 1985, c. 589, s. 56; c. 754, s. 1; 1987, c. 217, ss. 1, 2; 1995 (Reg. Sess., 1996), c.690, s. 3; 2001-120, s. 1; 2012-126, s. 1;
2013-382, s. 9.1(c).)
APPENDIX B
MOTION TO GO INTO CLOSED SESSION
"I move that we go into closed session to (specify one or more of the following permitted reasons for closed sessions):
o prevent the disclosure of privileged information
o under of the North Carolina General Statutes or regulations
o under of the regulations or laws of the United States [N.C.G.S. 143-318.11(a)(1)]
o prevent the premature disclosure of an honorary award or scholarship [N.C.G.S. 143-318.11(a)(2)]
o consult with our attorney
o to protect the attorney-client privilege.
o to consider and give instructions concerning a judicial action titled _______ v. ___________ [N.C.G.S. 143-
318.11(a)(3)]