The Town of Beaufort encourages public participation. In an effort to assist citizens in garnering a deeper understanding of public participation during Town Board of Commissioner’s meetings, the following FAQs have been compiled.
Note at all times the Town is required to follow State laws as outlined by North Carolina General Statutes.
Related Questions
When are Board of Commissioners Meetings?
Board of Commissioners meetings are the second and fourth Monday of every month.
Regular meetings are the second Monday at 6 p.m. These meetings are live streamed on the Town's Facebook page.
Work Session meetings are the fourth Monday at 4 p.m.
All meetings may be found on the calendar.
How do I access the agenda?
Agendas and minutes may be found under the Agendas/Minutes tab or with the meeting on the calendar.
How do I access minutes?
Minutes are posted to the Agendas and Minutes section under Board of Commissioners after they have been approved.
How do I address the Mayor and Board of Commissioners?
During a meeting, members of the general public will be able to address the Board of Commissioners during the public comment period, as well as during public hearings, if scheduled.
Each of these opportunities are governed by specific rules and are designed for different purposes.
Prior to speaking, please clearly state your name and address for the official record.
How does public comment work?
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.
How do I register to speak during Public Comment?
Sign up to speak with the Town Clerk prior to the start of the meeting. Each speaker is allotted 3 minutes. Speakers may address topics of public concern, subject to the parameters set forth in the General Statutes and the Town’s Rules of Procedure.
We ask that if you wish to speak about a topic that has a public hearing later during the same meeting, that you hold your comments for the public hearing and not make them during the Public Comment section.
When called upon to speak, clearly state your name and address.
What is a Public Hearing?
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.
How do I sign up to speak during a Public Hearing?
The Board of Commissioners will open the hearing by motion and vote, and at that time speakers may approach the podium and speak.
Each speaker will be allotted 3 minutes.
At the conclusion of the hearing, the Board of Commissioners will close the hearing by motion and vote.
What is a Quasi-Judicial Proceeding?
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.
When does a Quasi-Judicial Proceeding occur?
A quasi-judicial proceeding is required by state statute for certain types of land-use matters, such as variances and special use permits.
During a quasi-judicial proceeding, the Board of Commissioners acts as a fact-finding body, ruling on the application sought; the Board of Commissioners does not act in a legislative capacity during these types of proceedings.
Who can speak during a Quasi-Judicial Proceeding?
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.
Can I communicate with the Board before the meeting about an item in a quasi-judicial proceeding?
No.
The Mayor and individual Board of Commissioners are prohibited from having ex parte communications (communications supporting one party’s position) concerning the subject matter of the proceeding; North Carolina law explicitly forbids those types of interaction which may be customary for other legislative concerns.
How do I submit evidence for a Quasi-Judicial Proceeding?
In person – Individuals who testify may introduce documents into evidence by providing the Town Clerk with 10 copies of each document for distribution to the Mayor, Board of Commissioners, Applicant, and Attorneys at the meeting.
Evidence will not be accepted in advance for in-person meetings. Documents supplied as evidence will be included in the official town minutes.