By Carol J. Bova
Mathews County Bylaws 13.2 “… The full text of an amendment to these By-laws shall be made part of the Minutes of the Meeting at which they were adopted.”
This has not been done on a consistent basis over the past few years.
1. 2014 Bylaws Annual Organizational Audio removed from meeting portal.
Between September 14, 2018 and September 16, 2018, the January 8, 2014 Minutes and Audio were taken offline from the Meeting Portal. The Minutes were reposted as a link in January 28, 2014 Agenda and Amended Bylaws posted September 17, 2018 under January 28 meeting documents. https://mathewsva.granicus.com/MetaViewer.php?view_id=1&clip_id=5&meta_id=761
No copy of proposed amendments was included and the text of the amendments is not in the January 8 Minutes which are posted under January 28, 2014 Minutes. Cannot review Audio because Audio for January 8, 2014 was not reposted after being taken down in September, 2018.
Audio 50:40, ARTICLE 9. MINUTES. Mrs. Conner also requested the Board clarify what constitutes the official record and recommended the Board designate the online record as the official record for legal purposes. She noted that in doing so, it would simplify administrative processes somewhat when dealing with FOIA requests and other matters. Mr. White stated that this would be a legal designation. Mrs. Conner agreed.
MOTION: On Motion of Mr. White, seconded by Mr. Cole, the Mathews County Board of Supervisors voted 5 – 0 – 0 as follows, Ms. Casey, Mr. White, Mr. Ingram, Mr. Cole, Mr. Morrow – aye; to adopt the Bylaws of the Mathews County Board of Supervisors as presented and as amended in 8.3F, and to designate the electronic online record of the minutes as the official minutes of the Board of Supervisors for legal purposes.
3. 2018 Bylaws changed by administrator when Board voted not to amend them. Changed motion in Minutes from what was said in meeting.
January 10, 2018. Audio starts at 4:55: Chairman asks if one motion could cover approval of A, B and C on agenda, Code of Ethics, Bylaws, and Regular Meeting Schedule. Administrator said, “If you don’t want to amend anything, that would be fine.” On audio at 5:29: Supervisor Love said: “I make the motion we continue with the Bylaws and Code of Ethics as is.”
At 5:58, Administrator said she didn’t see anything that needed to be looked at. After questions and discussion, at 11:10, Supervisor Morrow seconded the motion. Motion approved 4-0-0.
But January 10, 2018 Minutes said vote was “to adopt the Mathews County Board of Supervisors Code of Ethics, Bylaws and Schedule of Meetings for calendar year 2018, as presented and attached to and made a part of these Minutes.” As presented is handwritten and underlined on online Minutes for January 10, 2018.
4. 2018 Bylaws in 6.1: Without Board action, omitted phrase that agendas are to be prepared “in consultation with the Board Chairman.” (See motion in 3. “to continue as is.”)
6.1. Changed to: The Annual Organizational and Regular Meetings of the Board shall have a formal Meeting Agenda prepared by the County Administrator or his designee. The County Administrator at his discretion and Board members individually may, by request to the County Administrator, place matters of business on the Agenda for discussion, information and /or action by the Board as are germane to the affairs and interests of the Board and County. Agendas for Special Meetings are optional at the discretion of the Board of Supervisors or County Administrator.
Changed from: 6.1. The Annual Organizational and Regular Meetings of the Board shall have a formal Meeting Agenda prepared by the County Administrator or his designee in consultation with the Board Chairman. The County Administrator at his discretion and Board members individually may, by request to the County Administrator, place matters of business on the Agenda for discussion, information and /or action by the Board as are germane to the affairs and interests of the Board and County. Agendas for Special Meetings are optional at the discretion of the Board of Supervisors or County Administrator.
5. 2018 Bylaws, 6.4 also changed without Board approval:
2017 Bylaws 2018 left out last line:
6.4. The Board shall take no Action of Record on Closed Meetings and business
any matter that is not on the Meeting Agenda matters brought before the Board
unless a modification to the Meeting Agenda is under Supervisors’ Reports [are]
requested at the time of Approval of the Agenda. exempt from the the provisions of this paragraph.
Modification of the Meeting Agenda requires a majority vote of Board members present. Upon Approval of the Agenda, no further modifications may be made except as provided for in paragraph 7.3. Closed Meetings and business matters brought before the Board under Supervisors’ Reports exempt from the provisions of this paragraph.
6. 2018 Bylaws: 7.3.F. Changed without Board action:
2017 Bylaws 2018 Bylaws
A second to a primary or substitute motion is Changed “primary or substitute” to
required in order to formally discuss and/or vote “primary and substitute” and adds
upon the motion. Voting shall be by show of “NOT” before required. That was
hands. The Chairman shall verbally summarize discussed in 2017 and decision was
the vote upon conclusion of an Action of Record, to continue to require a second as noting by individual name those Board members the practice has been. abstaining or voting in the minority on the Item of Business.