North Carolina § 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 of members of the board does not involve a member's own financial interest or official conduct. History (Code, s. 706; Rev., s. 1317; C.S., s. 1296; 1945, c. 132; 1951, c. 904, s. 1; 1961, c. 154; 1967, c. 617, s. 1; 1969, c. 349, s. 1; c. 1036; 1973, c. 822, s. 1; 2001-409, s. 8; 2005-426, s. 5.1(b); 2013-126, s. 6.) Effect of Amendments. - Session Laws 2005-426, s. 5.1(b), effective January 1, 2006, substituted "G.S. 14-234, 153A-340(g), or 153A-345(e1)" for "G.S. 14-234." Opinions of Attorney General Disqualification. - Any situation in which a county commissioner has a personal economic interest would disqualify that commissioner from voting. See opinion of Attorney General to C. Preston Cornelius, Senior Resident Superior Court Judge, 60 N.C.A.G. 50 (1990). No Conflict of Interest Found. - A county commissioner who is also chairman of the county social services board can present the department of social services budget to the county commissioners and thereafter participate and vote as a member of the county commissioners regarding the approval or disapproval of that budget, as the budget for the department of social services would not ordinarily involve an economic conflict of interest. See opinion of Attorney General to C. Preston Cornelius, Senior Resident, Superior Court Judge, 60 N.C.A.G. 50 (1990). The chairman of the county social services board, who is also a county commissioner, can participate in discussions and vote at county commission meetings in matters pertaining to personnel and the operation of the county department of social services. It is apparent that the legislature contemplates county commissioners serving on other boards and commissions as an extension of commissioner duties, and that such service will not ordinarily disqualify the commissioners from participating in discussions and voting at county commission meetings. See opinion of Attorney General to C. Preston Cornelius, Senior Resident, Superior Court Judge, 60 N.C.A.G. 50 (1990).