FAQ’s for Public Participation during Board of Commissioner’s Meetings

Minutes are posted to the Agendas and Minutes section under Board of Commissioners after they have been approved. 

All regular Board of Commissioners meetings include a Public Comment section, as required by North Carolina General Statutes. This period is typically scheduled near the beginning of each meeting. Each speaker is allotted 3 minutes. 

A public hearing is a formal proceeding held in order to receive comments from interested parties on a proposed issue or action, when required by statute.

A public hearing is scheduled and advertised for a specific topic, and comments during the public hearing must address that topic.  

A quasi-judicial proceeding is similar to a judicial or court trial and is therefore governed by rules significantly different from the rules for public comment periods and public hearings. 

As a general matter, participation in a quasi-judicial proceeding is limited, and members of the general public have no legal right to participate without meeting statutory requirements.

The statutory rules regarding quasi-judicial proceedings are extensive and highly technical, and are found primarily in NC General Statute § 160D-406 (Quasi-judicial Procedures).

Important points from the statute are, among others: (a) only persons with standing (see below) have the right to present testimony; (b) witnesses other than persons with standing may testify only if allowed by the Board of Commissioners; (c) all witnesses must take an oath or affirmation before testifying; (d) parties to the proceeding have the right to cross-examine witnesses; (e) testimony or evidence must be competent, material, and substantial and not repetitive; (f) opinion testimony is not allowed unless the witness is qualified as an expert to offer opinion testimony; and (g) the Board of Commissioners must reach its decision based upon the evidence and testimony presented.

Of particular importance is the concept of a “person with standing.”  Note this concept is addressed specifically by North Carolina General Statutes; standing is not determined by rules of the Town, the LDO, Town staff or Town management.  Individuals who believe they have legal standing under the North Carolina General Statutes must affirmatively demonstrate that standing before participating as a party in the proceeding.  Individuals without standing have no legal right to participate in the proceeding or to offer testimony.  However, the Board of Commissioners, in its discretion, may allow individuals without standing to testify.