BY-LAWS

ALLEGHANY COUNTY BOARD OF SUPERVISORS

These by-laws are for the purpose of promoting properly conducted meaningful and orderly meetings of the County Board of Supervisors in the transaction of County business, and to maintain decorum at all times. The by-laws are designed to allow the Board and its Chairman to conduct the meetings efficiently, allowing all necessary and appropriate opportunities for any person to address the Board on matters under consideration.

SECTION (1) REGULAR MEETINGS:

(A) The Alleghany County Board of Supervisors shall meet in two (2) Regular Meetings a month on the first and third Tuesday at 7:00 P.M. in the Board Room of the County Governmental Complex for the purpose of conducting the business of Alleghany County. Any Regular Meeting that falls on Election Day in November shall be held on the following day (Wednesday).

(1)    The Agenda for the Regular Meetings shall be prepared by noon on the Thursday prior to the first and third Tuesday in each month. The Agenda shall be placed on the County web site on the Friday prior to the first and third Tuesday of each month. The agenda shall be as follows:

Call to Order

                                                             Invocation

                                                            Pledge of Allegiance

                                                            Minutes

                                                            Public Hearing

                                                            Public Comment

Action Items

    *    Consent Items

    *    Other Action Items

                                                            Information Items

                                                            County Administrator's Report

                                                            Public Comment

                                                            Board Member Comments (Inquiries/Reports)

                                                            Closed Meeting (as needed)

                                                             Adjournment

(2) The following is an explanation of various agenda headings:

Public Hearings are conducted in accordance with the Code of Virginia, 1950, as amended, for the purpose of receiving public input on the topic of the public hearing. The Board has a policy to not act on a public hearing on the same night, but may waive this policy and take action with unanimous approval of members present.

Public Comment gives the public an opportunity to address the Board on matters appropriate to the responsibilities of the Board. There shall be a maximum time limit of five (5) minutes for comments from each speaker with a maximum time limit of 30 minutes allocated to each Public Comment in any one meeting. A sign-up sheet will be provided at a table near the meeting room for the first Public Comment. Adopted Public Comment Guidelines for speakers will also be provided on the table. If the number of individuals on the sign-up sheet would exceed the allotted 30-minute time-frame, the Chairman has the latitude to place a shorter limit on individuals. After the Board has heard comments from those who signed up, others in the audience who have not had an opportunity to speak and desire to do so will be invited to speak, time permitting. If speakers have copies of comments available, they should be provided to the Deputy Clerk to the Board for inclusion in the minutes. If this section is amended at any time, then the adopted Public Comment Guidelines will automatically be amended.  

Action Items on the agenda include Consent Items and Other Action Items which are explained as follows:

Consent Items consist of routine items that have been presented and discussed at a previous meeting. The Board takes action on the entire Consent Items section with a single vote to approve. Consent Items are only those items that were discussed at a previous meeting and did not appear to be controversial and would be approved unanimously. Any Board member may invoke a personal privilege by asking that any item on the Consent Items section of the agenda be moved to Other Action Items for clarification or further discussion.

Other Action Items consist of items that have been presented and discussed at a previous meeting, but more discussion is necessary for clarification prior to a vote, it appears from discussion at a previous meeting that the vote may not be unanimous, and/or the item is controversial in nature.

Information Items include all items for which future action is planned. This is the point at which proposals are reviewed, presentations made, recommendations discussed, consensus built, questions asked, etc. The item is left as an Information Item on the agenda until the Board agrees that no further study will be useful or necessary and agrees to place the item on the Action Agenda at the following meeting or decides that the issue no longer needs to be an agenda item. This allows Board members at least two additional weeks for study, solicitation of input, etc.

(3)    The agenda shall be finalized by noon on the Wednesday prior to any Board meeting. The agenda shall not thereafter be changed except by Board action taken at the meeting.

Persons wanting a topic placed on the agenda shall make the request to the County Administrator or Deputy Clerk to the Board. The County Administrator will then report to the Chairman on the request.

(4)    Matters not on the agenda for the Regular Meeting may be considered by the Board when requested by the Administrator, or his/her representative, the County Attorney, or a member of the Board. The item will be added to the Information (non-action) Items section of the agenda. By unanimous consent of members present, an item may be moved from an Information Item to the Action Items section of the agenda.

(5)     All meetings of the Board of Supervisors shall be governed by the Code of Virginia, Roberts Rules of Order, as revised, and these by-laws.

(6)     The County Attorney or his Assistant shall be the parliamentarian and the legal advisor to the Board of Supervisors at all meetings.

(7)     A roll call vote shall be held for all motions except to go into a Closed Meeting, come out of a Closed Meeting, and to adjourn.

SECTION (2) SPECIAL MEETINGS/PUBLIC HEARINGS/WORK SESSIONS/ADJOURNED MEETINGS:

(A)     Special meetings, public hearings, work sessions, and adjourned meetings shall be held when necessary in accordance with provisions in the Code of Virginia pertaining thereto.

SECTION (3) ADHERENCE TO POLICY:

(A)     Policy matters of the Board shall be followed and adhered to and no action should be taken by the Board of Supervisors if such action would actually be in conflict or at cross purposes with the intent of an established policy. The Board may, where circumstances warrant, waive a given policy for a particular situation and action as the Board deems desirable, with unanimous approval of members present.

SECTION (4) PRECEDENCE OF LAWS:

(A)     These by-laws shall govern in all cases to which they are applicable and in which they are not inconsistent with the federal, state, or local law.

(B)     Any provision of any part of these by-laws which are found to be in conflict with the Code of Virginia or the Constitution shall be null and void and the remaining provisions shall continue to apply.

SECTION (5) CHANGES OR AMENDMENTS:

(A)     These by-laws may be changed or amended by action of the Board of Supervisors at any regular meeting, provided that each Board member is given proper notice of any proposed change or amendment.

/s/ Melissa A. Munsey          

Deputy Clerk to the Board

Date of latest Board amendment: 1/3/06