Legal Handbook for Council Members 2022

such activity. (10) To view body worn camera footage. IV. Notice of Official Meetings.

In regard to regular meetings, a current copy of the time and place of the regular meetings must be placed on file with the City Clerk. In regard to "Special Meetings," written notice must be posted either on the principal bulletin board or at the door of the Council Chamber and also mailed or delivered to each party on the "sunshine list" at least 48 hours before the meeting. The "sunshine list" for special meetings is any person who files a request for such notice. The notice shall include the time and place of the meeting and state its purpose. The City Council may charge persons other than the media $10.00 annually for inclusion on the list. The rules applying to special meetings do not apply to adjourned or recessed meetings or emergency meetings. The remedy against the City for a violation of Open Meetings is in the nature of an injunction. Any injunction awarded must be specific and may address itself to threatened violations as well as the recurrence of past violations. The act authorizes, but does not require, the assessment of attorney's fees against the losing party in an Open Meetings lawsuit. The court is further authorized to order that attorney's fees be paid personally by any individual member of the public body who knowingly or intentionally committed a violation of the law. However, such personal payment cannot be ordered if the public body or the individual member in question sought and followed that advice of the attorney. Any person may institute suit to declare null and void any action taken by a public body in violation of the Open Meetings Law. So, our assiduous attention to and compliance with these rules is done to protect the members of the public body and to insure that actions taken by the body are not voided by such a law suit. CDW/jgs References: N.C. Gen. Stat. §143-318.9 and §143-318.17 V. Remedies and Personal Liability.