Purpose
The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the importance of clear, lawful, and transparent voting methods to ensure the validity of Board actions and maintain public trust. This policy establishes standards for voting by the Board of Trustees in alignment with applicable North Carolina law, while supporting orderly governance and effective decision-making.
I. Policy Statement
The Board of Trustees shall take official action only through lawful voting methods conducted during properly convened meetings with a quorum present. Voting shall be conducted in a manner that is transparent, accurately recorded, and consistent with North Carolina law, Board of Trustees bylaws, and adopted procedures.
II. Voting Requirements
- All official actions of the Board of Trustees shall require an affirmative vote of a majority of the members present and voting, unless a greater vote is required by law.
- Board members shall vote on all matters brought before the Board, except when a member is legally required to recuse themself due to a conflict of interest or other legal obligation.
- Abstentions shall be recorded in the official minutes and shall not be counted as affirmative votes.
III. Methods of Voting
The Board of Trustees may use the following voting methods, as permitted by law and Board procedures:
- Voice vote
- Show of hands
- Roll-call vote
- Written ballot, when authorized by law
The Chair of the Board of Trustees shall determine the appropriate voting method unless a specific method is required by law or requested by a Board member in accordance with Board procedures.
IV. Recording of Votes
All votes shall be accurately recorded in the official minutes of the meeting, including the motion, the vote count, and the disposition of the motion.
Roll-call votes shall record each Board member’s vote individually.
Votes taken in closed session shall be recorded as permitted by law, and any final action shall be taken and recorded in open session unless otherwise authorized by law.
V. Accessibility and Effective Communication
ENCSD shall ensure that voting procedures are accessible to Deaf and hard of hearing Board members and members of the public observing Board meetings.
This includes, as appropriate:
- Use of clear visual identification of motions and votes
- Provision of qualified interpreters, captioning, or other auxiliary aids and services during meetings
- Use of accessible and plain-language materials to support understanding of matters being voted upon.
VI. Legal Compliance and Due Process
Voting by the Board of Trustees shall comply with all applicable federal and state laws, including the North Carolina Open Meetings Law.
This policy shall not be interpreted to limit rights or remedies available under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, or other applicable laws.
The Board of Trustees shall avoid voting practices that could compromise transparency, fairness, or other legality of Board actions.
Legal References
- North Carolina General Statutes §§ 143-318.9 through 143-318.18 (Open Meetings Law)
- North Carolina General Statutes § 115C-142 (Governance of the Eastern North Carolina School for the Deaf)
- Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794