BUCKINGHAM COUNTY BOARD OF SUPERVISORS BY-LAWS AND RULES OF PRACTICE AND PROCEDURES

Nov 10, 2016 | Environmental Justice, Spiritual Ecology

http://www.buckinghamcountyva.org/Board%20Minutes/2015/January%2012,%202015.pdf

BUCKINGHAM COUNTY BOARD OF SUPERVISORS BY-LAWS AND RULES OF PRACTICE AND PROCEDURES CREATION BUCKINGHAM COUNTY BOARD OF SUPERVISORS JANUARY 12, 2015

The Buckingham County Board of Supervisors hereinafter called the Board is an elected body provided by the Code of Virginia, Section 15.1-527; it consists of seven (7) members elected from each of the voting districts. SEAL OF THE BOARD When affixed to any paper or document by the Clerk of the Board, the seal has the force and effect for authentication for the Board. PRINCIPAL OFFICE Highway 60, Buckingham Administration Building, Buckingham Village, Virginia; mailing address: P.O. Box 252, Buckingham, Virginia 23921-0252.

CHAIRMAN AND VICE CHAIRMAN TO THE BOARD

At the first meeting of the year, the Board shall elect one of its members to serve as Chairman and one to serve as Vice Chairman. Both shall be voting members and shall serve for one year.

COUNTY ADMINISTRATOR The County Administrator shall be Clerk to the governing body and her general duty is set forth in the Code of Virginia, Section 15.1-117. She shall maintain an office at the same address as the Board. COUNTY ATTORNEY The County Attorney assists the Board of Supervisors,, the Planning Commission, and the Board of Zoning Appeals in analyzing legal issues and provides advice and action in legal matters, and represents the Board in all civil actions.

QUORUM FOR THE CONDUCT OF BOARD MEETINGS A majority of the Board shall constitute a quorum for the purpose of conducting Board meetings. PUBLIC SESSIONS BUCKINGHAM COUNTY BOARD OF SUPERVISORS JANUARY 12, 2015 5 Regular public sessions shall be held on the second (2nd) Monday of each month at 7:00 p.m. in the Peter Francisco Auditorium of the Buckingham Administration Complex on Route 60 in the Village of Buckingham, unless otherwise scheduled by the Board of Supervisors.

MEETINGS AND ATTENDANCE 1. All meetings and business shall be conducted in accordance with the Code of Virginia, Robert’s Rules of Order Revised, and these by-laws. 2. Members who cannot attend a meeting, whether regular or special shall attempt to notify the County Administrator or the Chairman beforehand. 3. Meetings shall start at the appointed time, and if the Chairman is not present, the Vice Chairman shall preside. If neither the Chairman nor the Vice Chairman are present, the County Administrator shall call the meeting to order and preside for the election of temporary chairman. 4. For each regular meeting, the County Administrator shall draw up an agenda of items which are known to be matters which should come before the Board, and shall see to the preparation of a Board packet describing and concerning such matters and to its distribution to members at least 4 days before each regular meeting. 5. Any person making a written presentation or demonstration of a matter by way of brochure, picture, etc., shall provide the County Administrator 15 copies of the matter 7 days prior to the meeting at which they wish to make a presentation. This requirement shall not apply to citizens speaking during the Public Participation period. 6. Any person wishing to submit an item for consideration by the Board must do so via the Office of the County Administrator not later than 7 days before the meeting at which they desire the item considered. Any item submitted after this deadline will not be considered for action unless recommended by the County Administrator or a majority of the Board. 7. The County Administrator shall allocate time to items on the agenda to suit the convenience of the Board. 8. The Board shall consider all items docketed on the agenda before taking any other items unless an undocketed item is brought by consent of the Board.

BUCKINGHAM COUNTY BOARD OF SUPERVISORS JANUARY 12, 2015 6 9. Time permitting, items not on the agenda shall be heard as the final items of the Board’s business. If time does not permit, in the opinion of the Chairman of the Board, hearing items not on the agenda, such items shall be carried over to the next regular or special meeting. 10. The Chairman’s vote on all issues before the Board shall be recorded with the prevailing side, unless the Chairman clearly votes otherwise. 11. In the event of inclement weather, the regularly scheduled Board meeting will be held on the following Monday of the month.

ORDER OF BUSINESS The Order of Business shall be as follows, subject to rearrangement by the Chairman absent objection by the Board: A. Call to Order B. Verification of a Quorum C. Invocation and Pledge of Allegiance D. Approval of Agenda E. Approval of the Minutes F. Approval of Claims G. Announcements H. Public Participation I. Highway Matters J. Public Hearings K. Presentations L. Zoning Matters M. Agency and Department Requests N. Appointments to Committees, Boards, and Agencies O. Items for board Consideration P. County Administrator’s Report Q. Informational Items R. Other Board Matters S. Executive Closed Session T. Return to Regular Session U. Certification Regarding Items Discussed In Closed Session V. Adjournment/Recess  The Order of Business may be rearranged in the event of any other business items that may be necessary according to the County Administrator or Chairman.

BUCKINGHAM COUNTY BOARD OF SUPERVISORS JANUARY 12, 2015 7 CONDUCT OF BUSINESS 1. Motions shall be recorded with the number of yeas or nays except that a vote indicated as “carried” shall mean a unanimous vote. Any member may require a polling of the members and the Clerk shall record the same. A. On all votes, the Chairman shall announce the motion and call for a vote and the appropriate yes, no, or abstain button should be pressed. In the event the voting system is not operational, raising of the hands will be used to vote yes, no, or abstain. B. Board members shall press the appropriate yes, no, or abstain button and the vote shall be recorded on the voting system. If the voting system is not operational, Board members shall raise their hands to vote yes, no or abstain. C. After the final vote has been cast, the Chairman shall announce the vote results for the record. 2. The Chairman or any member may call for the question after all members have spoken, or it appears that all members have spoken who desire to speak. No vote on the call of the questions shall be taken unless a member shall require it. 3. When the question is called and there is no dispute, the Chairman shall call for the vote. 4. Any member abstaining on a vote shall so indicate following the call for the vote. 5. Exhibits before the Board shall become the property of the Board and shall be filed with the County Administrator. 6. Citizens shall not speak at a meeting until they are recognized. Citizens shall request recognition by addressing “Mr. Chairman” or Mrs. Chairman” (as appropriate) and await acknowledgment. At his discretion, the Chairman may permit a dialogue without individual recognition

BUCKINGHAM COUNTY BOARD OF SUPERVISORS JANUARY 12, 2015 8 between members of the Board or between a member and a citizen if such dialogue is orderly and contributes to the expedition of the business. Once recognized to speak, citizens shall begin by stating their name, district of residence, and by identifying the matter(s) they wish to address before the Board. 7. Should two or more persons speak at the same time, the Chairman shall indicate recognition of the first person to speak. 8. Should it be desired by the Chairman, any member, or by the County Administrator, the member making a resolution shall reduce the same to writing and deliver it to the County Administrator’s Office. The County Administrator shall transcribe verbal resolutions as accurately as possible, but when loosely worded or when unindicated “whereases” precede the motion, the County Administrator should use appropriate language to accomplish the intent of the Board. 9. Prior to initiating a public hearing, the Chairman shall recount the rules under which the hearing shall be operated, but he may amend the rules during the hearing by giving notice of the change to those gathered. 10. At the beginning of the public hearing, the Chairman shall call upon the County Administrator or the chairman of the committee handling the matter at hand or shall himself recount a description of the issue placed before the hearing. 11. Subject to revocation or extension by the majority of the Board assembled, the Chairman may in all matters establish a maximum time for consideration of the matter, and/or limit the amount of time available to each speaker on a matter and/or limit the number of times each speaker may address the Board on a matter. Notwithstanding the foregoing statement, every Board member shall be entitled to make a statement on every matter before the Board and the Call for the question shall not be entertained until all members who wish to exercise this right shall have done so. 12. All members or citizens shall limit their comments before the Board. The Chairman may prohibit questions from citizens until a speaker has finished his/her presentation.

BUCKINGHAM COUNTY BOARD OF SUPERVISORS JANUARY 12, 2015 9 ORDER 1. It shall be the duty of the Chairman to maintain order and decorum at meetings. The Chairman shall speak to points of order in preference to all other members. 2. In maintaining decorum and propriety of conduct, the Chairman shall not be challenged and no debate shall be allowed until after the Chairman declares that order has been restored. In the event the Board wishes to debate the matter of the disorder or the bringing of order, the regular business may be suspended by vote of the Board to discuss the matter. 3. No member or citizen shall be allowed to use abusive language, excessive noise, or in any way incite persons to use such tactics. The Chairman shall be the judge of such breaches; however, the Board may vote to overrule. 4. When a person engages in such breaches, the Chairman shall order the person to stand silent, or may, if necessary order the person removed from the County property. 5. In the absence of a law enforcement officer, the Chairman may direct the County Administrator and any member(s) to act as Sergeants of Arms. 6. While the Board is sitting, members and citizens shall refrain from standing, talking, or leaving their places unless necessary.

COMMITTEES Ad hoc committees will be appointed by the Chairman, as needed. Constitutional officers may be appointed to committees. The following committees have been appointed by the Board: Utilities Committee: The Utilities Committee shall consist of two Board members, the County Attorney, and the County Administrator. The Utilities Director will be included on Water/Sewer issues only. It shall be the responsibility of this committee to review and study all aspects of the operations of the Utilities Department. It shall be the responsibility of the Utilities Committee to act on behalf of the Board of Supervisors in all matters relating to the hiring, promotion, termination, and pay scale.

BUCKINGHAM COUNTY BOARD OF SUPERVISORS JANUARY 12, 2015 10 adjustments of all Water and Sewer Department employees below the Public Utilities Director level. This committee will review and study water/sewer rate structures. All findings and recommendations of this committee regarding water/sewer rate structures will be heard by the Board of Supervisors and the Board may take whatever action it so desires with respect to the recommendations. This committee will review and study Solid Waste and Recycling Management. All Findings and recommendations of this committee regarding Solid Waste and Recycling will be heard by the Board of Supervisors and the Board may take whatever action it so desires with respect to the recommendations. Finance Committee: The Board shall establish a Finance Committee that will consist of Chairman of the Board, the County Administrator, the Finance Director and the County Attorney. o All requests for funds, or actions that will encumber funds, shall be submitted to the Board of Supervisors. The Board of Supervisors may refer such requests to the Finance Committee. Departments wishing to have a request acted on by the entire Board at its regular meeting should submit the request, not less than fifteen days prior to the regular Board meeting, to the County Administrator. o If a request is referred to the Finance Committee, the Finance Committee shall consider the impact of the request on the overall County budget and make a recommendation to the Board of Supervisors. o After hearing the recommendation of the Finance Committee, the Board may take whatever action it so desires with respect to the request. o This committee shall not direct the County Administrator’s preparation and submission of the proposed annual budget as required by statute. o The County Administrator shall serve as an ex officio member.

Personnel Committee: BUCKINGHAM COUNTY BOARD OF SUPERVISORS JANUARY 12, 2015 11 The Board shall establish a Personnel Committee that will consist of two Board members and the County Administrator. o It shall be the responsibility of the Personnel Committee to act on behalf of the Board in all matters relating to the hiring, promotion, termination, and pay scale adjustments of all County employees, except County water and Sewer employees, below the County Administrator level. o The Personnel Committee shall meet as necessary to review personnel matters as they arise. o The Personnel Committee’s actions shall not take effect until a report of its proposed actions has been made, in writing, in the County Administrator’s Report section of the Board packet to the entire Board. If the Board agrees with the proposed actions, then the proposed actions may take effect with no formal action by the Board being necessary, immediately following the Board meeting at which the report was filed. If no action is taken by the Board to the contrary, it will be assumed that the Personnel Committee’s actions are agreed to. o In the event that the Board disagrees with the proposed actions of the Personnel Committee, then the Board may take whatever action it desires with respect to the personnel issue at hand and thus overrule the Personnel Committee’s proposed action before it is enacted. In this event, the Board will need to take formal action during a meeting to achieve its aims.

PARLIAMENTARIAN The County Administrator shall act as Parliamentarian to the Board.

RULES These by-laws may be suspended or altered at any time by a majority vote of the Board of Supervisors

CERTIFICATION These by-laws were adopted on March 3, 1992, amended July 13, 1992, May 9, 1994, January 20, 1998, January 12, 2004, January 12, 2005, January 9, 2006, January 8, 2007, January 14, 2008; and January 12, 2009, January 11, 2010, January 10, 2011, and January 9, 2012 and revised on October 9, 2012 and November 13, 2012, January 14, 2013, January 13, 2014 by the Buckingham County Board of Supervisors.

BUCKINGHAM COUNTY BOARD OF SUPERVISORS JANUARY 12, 2015 12 ______________________________ Rebecca S. Carter County Administrator/Clerk

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