Article VI, section 7 of the State Constitution sets out an oath of office that is to be taken by any person elected or appointed to a public office, basically swearing to uphold the constitution and laws of the United … Read more
An interesting government attorney-client privilege issue arose amidst the media hoopla surrounding former governor Mike Easley’s appearance before the state Board of Elections last month. Ruffin Poole, an attorney who served as executive counsel to then-Gov. Easley, sought to avoid testifying before the board based … Read more
May a local government or public authority that provides utility or public enterprise services disclose its customer billing information in each of the following scenarios? (a) A customer’s relative wants to know if the customer is delinquent on his utility payments; … Read more
You’ve just received bids on a construction project estimated (by your engineer) to cost about $2 million. The lowest bid is for $1.5 million, and the next highest bid is $1.9 million, with the other bids ranging from $2.1 million … Read more
Article IX, section 7 of the State Constitution directs that the clear proceeds of all fines and penalties collected for “any breach of the penal laws of the State” be given to the public schools. Cities have been avoiding this … Read more
The elections are over, but there’s still some time before new members will be sworn in. Questions arise about what the roles and rights are of both the outgoing “lame duck” members, and the members-elect. Is it legal, and if … Read more
As I mentioned in my post last week, the Grants Management Common Rule (which applies to all federal grants) requires entities that receive federal grants to establish a “code of conduct.” This post will address what the Rule says about … Read more
A problem springs up every 10 years, with the new census numbers, in cities, counties, and school units that elect their council members, commissioners, and school board members from districts: how, and how much, to take race into account in … Read more
We occasionally get phone calls from local government officials who are concerned that the mayor – or in the case of a county, the chair of the board of commissioners – has not signed an ordinance or has not signed … Read more
A national retailer plans to locate a new big box store on a large vacant lot adjacent to an existing single-family neighborhood. The town council is holding a hearing on a special use permit application for project. The zoning ordinance … Read more