Skip to main content

Is the Dog Really “Potentially Dangerous?”

December 20, 2013

Under state law a local government official or board may determine that a dog is “potentially dangerous.” When that happens, the dog’s owner has a right to appeal the decision. What rules govern these appeals? The statute is a little … Read more

The FLSA’s Executive Exemption from Overtime Pay

December 18, 2013

Employees in “exempt” positions are not entitled to overtime pay, even if they work sixty hours or more in a single workweek. How does an employer determine whether a position is exempt under the Fair Labor Standards Act? A position … Read more

Giving and Receiving Gifts

December 16, 2013

December brings thoughts of gifts: gifts for hard-working employees, gifts for outgoing board members and retiring employees, and gifts from vendors and contractors. May public money be spent on gifts for employees or board members? May local governments honor outgoing … Read more

Who Doesn’t Have a Voter ID?

December 5, 2013

Hotly debated before its enactment and challenged in lawsuits since, North Carolina’s new photo identification requirement for voting goes into effect in 2016. Is it a genuine bulwark against fraud, providing confidence in elections, or is it a partisan attempt … Read more

Relinquishing Extraterritorial Planning Jurisdiction

November 26, 2013

So you’ve got this extraterritorial planning jurisdiction, but how do you get rid of it? Fair question.  The statutes give clear procedures for establishing extraterritorial jurisdiction, or ETJ, but there is less clarity for relinquishment.  A good rule of thumb … Read more

The Who, What, and When of Appeals TO the Board of Adjustment

November 25, 2013

Consider these three scenarios regarding potential appeals to the zoning board of adjustment.  Scenario 1.  Marge Simpson has worked for decades to improve her neighborhood.  Several years ago the town adopted a new plan that called for the neighborhood to … Read more

Who May Attend a Closed Session?

November 21, 2013

Two new members have been elected to the Pleasantville town council and are scheduled to be sworn in at the December meeting. A special meeting has been called for November 25, at which the current board plans to address several … Read more