Preamble
The North Carolina Public Charter School Advisory Council (Council) is created by the State Board of
Education from whose policies the Council derives its duties and powers.
The members of the Council are appointed in accordance with SBE policy TCS-B-006 dated 8/4/2011
The policy states the responsibilities of the Council as follows.
“a) The Council shall have the responsibilities subject to the direction and control of the State Board of Education:
1. To recommend policies for adoption by the State Board of Education regarding all aspects of charter school operation, including timelines, standards, and criteria for acceptance and approval of applications, monitoring of charter schools, and grounds for revocation of charters;
2. To undertake any of the duties and responsibilities consistent with the duties and incident thereto, or as directed by the State Board of Education.”
The Bylaws of the Council set forth rules by which the Council governs the conduct of its official business and affairs.
Rule 1: Rules of Order
1.1
Except as modified by these Rules, Robert’s Rules of Order (latest edition) shall constitute the rules of Parliamentary procedure applicable to all meetings of the Council and its subcommittees.
Rule 2: Quorum
2.1
A quorum for the conduct of business by the Council shall consist of a majority of all the qualified members of the Council. If a smaller number than the majority is present, the Secretary shall call the roll, record the names of the absentees and adjourn. Members may be present electronically via conference call or other means that comply with the NC Open Meetings Law.
2.2
A quorum for the conduct of business by a sub-committee of the Council shall consist of a majority of the members of the subcommittee.
Rule 3: Officers
3.1
The Chair of the Council shall retain that office for two years or the remainder of the elected
Member’s service on the Council, whichever is shorter following election by the members, or until a successor has been elected. The Chair may be re-elected.
3.2
In the event the office of Chair becomes vacant the Vice Chair will preside until such time as a new Chair is elected. The Vice-Chair is also elected for two years or the remainder of their term by the members.
3.3
The Chair shall preside at all meetings of the Council. In the event of absence of the Chair, the
Vice Chair will serve as Chair.
3.4
In the event of the absence or disability of both the Chair and the Vice Chair, the Secretary shall call the roll, and on the appearance of a quorum, shall call the Council to order, when the

Council shall elect a Chair pro tempore to perform the duties as Chair with regard to presiding at that meeting.
3.5
The Office of Charter Schools Director or a designee will serve as Secretary to the Council unless the Chair designates a member of the Council to serve in that capacity.
Rule 4: Voting
4.1
All members of the Council may vote on all matters coming before the Council for consideration. All members of the subcommittee may vote on all matters coming before the subcommittee for consideration.
4.2
No member may vote proxy. No vote concerning any matter under consideration by the Council or subcommittee may be cast in absentia by mail, electronically or otherwise.
4.3
A majority of those present and voting shall be necessary to carry a motion before the Council or a subcommittee, except where a two-thirds majority of those present or of the membership is provided for in these rules.
4.4
Secret ballots are not permitted.
Rule 5: Meetings of the Council
5.1
Regular meetings of the Council shall be held as scheduled by the Council unless cancelled or rescheduled by the Council. Meetings may be adjourned from day to day until the business of the Council is completed.
5.2
Special meetings may be set at any regular meeting of the Council or may be called by the Chair.
Upon the request of any five members of the Council, the Chair shall call a special meeting.
5.3
The Office of Charter Schools Director shall give notice of the time, place and purpose of each special meeting by letter or e-mail directed to each member’s home address or place of business.
Notice may be given electronically.
5.4
Only those matters specified in the notice of a special meeting may be considered at a special meeting.
5.5
The Office of Charter Schools Director shall notify the public and the media of all meetings of the Council and subcommittees in accordance with the Open Meeting Law.
5.6
All meetings of the Council and its subcommittees shall be open to the public unless, consistent with the State Law, a meeting is closed to the public by vote of the Council or subcommittee.
Rule 6: Minutes
6.1
The Secretary shall record all proceedings of the Council and e-mail minutes to all Council members.
6.2
The minutes of the Council shall be open to inspection by the public to the full extent provided by the Open Meeting and Public Record Laws.

Rule 7: Agenda
7.1
The agenda for each meeting of the Council shall be determined by the Chair and agenda materials will be prepared by the Office of Charter Schools Director in consultation with the
Chair.
7.2
The agenda for each subcommittee shall be determined by the Chair of the subcommittee.
7.3
The Chair shall refer items to the appropriate committees.
7.4
No action shall be taken by the Council on any matter referred to a subcommittee until the subcommittee has convened, considered the matter and reported to the Council.
7.5
If a member of the Council requests that an item be placed on the agenda at a meeting, the Chair shall take a vote of the Council members regarding whether such item shall be added to the agenda. An item may be added to the agenda at the meeting by a majority vote of members present.
Rule 8: Subcommittees
8.1
The Chair of the Council may appoint a subcommittee consisting of less than its entire membership and may assign to such subcommittee any task deemed necessary or desirable by the Council.
8.2
Charter License Subcommittee: The Chair shall appoint one or more Charter License
Committees which shall be responsible for reviewing application requests, material modification requests, and renewal requests for charters and making recommendations to the full Council.
Each Charter License Committee shall be comprised of no less than four Council members appointed by the Chair. Application requests, material modification requests, and renewal requests shall first be processed by the Office of Charter Schools and only complete, conforming requests will be considered by the Council. Completeness and conformance shall be as specified by the Council.
8.3
Policy Subcommittee: The Chair may appoint a Policy Committee to recommend new or modified policies or statutes regarding charter schools to the full Council. Upon approval by the full Council, such approved policies or statutes shall be recommended by the Chair to the State
Board of Education for adoption or for submission to the General Assembly, as may be appropriate
Rule 9: Standards of Conduct
9.1
Council members will abide by all State Laws and State Board of Education policies regarding ethical responsibilities and conflicts of interest. A Council member will abstain from acting on any matters coming before the Council where that member has a conflict of interest, whether personal or professional.
9.2
The Council will adhere to the Governor’s Executive Order on ethics:
Section 7. Rules of Conduct for Public Officials.
Public Officials shall perform their official duties in a manner to promote the best interests of the public. To help insure the proper performance of their duties, the following Rules of Conduct are adopted.

(a) Conflicts of Interest
(1) A Public Official shall not knowingly use his or her position in any manner, which will result in financial benefit, direct or indirect, to the Public Official, the Official’s family, or an individual with whom or business, organization, or group with which the Public Official is associated. This provision shall not apply to financial and other benefits (a) derived by a Public
Official that he or she would enjoy to an extent no greater than that which other citizens of North
Carolina would or could enjoy, (b) rightfully gained by a Public Official pursuant to the proper performance of his or her official duties or State employment, or (c) that are so remote, tenuous, insignificant, or speculative that a reasonable person would conclude under the circumstances that the Public Official’s ability to protect the public interest and perform his or her official duties would not be comprised.
(2) A Public Official shall not, directly or indirectly, knowingly ask, accept, demand, exact, solicit, seek, assign, receive, or agree to receive anything of value for himself or herself, or for another person, in return for being influenced in the discharge of his or her official responsibilities, other than that which is received by the Public Official from the State for acting in his or her official capacity.
(3) A Public Official shall not solicit or receive financial gain, other than that received by the
Public Official from the State for acting in his or her official capacity for advice or assistance given in the course of carrying out the Public Official’s duties.
(4) A Public Official shall not use or disclose information gained in the course of, or by reason of, his or her official responsibilities in a way that will affect a personal financial interest of the
Public Official, a member of the Official’s family, or person with whom or business, organization or group with which the Public Official is associated. A Public Official shall not improperly use or disclose any information deemed confidential by North Carolina law and therefore not a public record.
(5) A Public Official shall not cause the employment, appointment, promotion, transfer, or advancement of a family member to a State or local office or position, which the Public Official supervises or manages. A Public Official shall not participate in an action relating to the disciplining of a member of the Public Official’s family.
Rule 10: Attendance
10.1
The Council will adhere to the following guidelines in applying the attendance standard in
Executive Order 34 for gubernatorial appointees to boards and Commissions:
All appointees are expected to attend 75% of their regularly scheduled board meetings during the board’s calendar year, except as otherwise provided below.
If an appointee serves on a board that has a specific attendance provision in the board’s governing statute, then the statutory provision will determine the attendance standard for the appointee.
For those boards that meet less than four times a year, attendance will be reviewed over a twoyear period.
The board’s calendar year should be determined based upon the first meeting of the year for the board. Typically, this will be either in January or July.

In determining whether an appointee has complied with the attendance standard, issues such as the reason for an absence, attendance at committee meetings, etc. will be reviewed and considered.
For those boards whose calendar year began January 1, 2010, the board contact should provide an attendance report to the Office of Boards and Councils no later than December 31, 2010. For those boards whose calendar year begins July 1, 2010, the board contact should provide an attendance report to the Office of Boards and Councils no later than July 1, 2011.
Rule 11: Public Participation in Committee Meetings
11.1 Any person wishing to appear and address the Council must first make written request to the
Office of Charter Schools Director who will forward the request to the Chair. The Chair’s decision with regard to the request is final.
Rule 12: Amendments and Suspension of Rules
12.1
Any provision of these Rules (except those governed by statutory provisions) may be amended by a vote of two-thirds membership of the Council, provided that no amendment may be adopted unless its substance has been introduced at a preceding regular or special meeting of the Council.
12.2 Any provision of these Rules (except those governed by statutory provisions) may be suspended at any regular meeting of the Council, for that meeting, by a vote of two-thirds of the members present at the meeting
Rule 13 Indemnification
13.1
Indemnification: Council members serve with the understanding that every member is covered under G.S. 143-300.2 through 143-300.6, The Defense of State Employees Act. "Employee" for purposes of the act includes any agents of state agencies, as well as employees.