North Carolina city and county governing board members have a duty to vote. The general voting statutes, G.S. 153A-44 (counties) and G.S. 160A-75 (cities), allow members to be excused from voting on matters involving their “own financial interest.” What if … Read more

The North Carolina public records law provides a broad right of access to inspect and obtain a copy of public records. Increasingly, public agencies make records available on their websites. For example, many cities and counties post downloadable files of … Read more

Can the board of county commissioners meet in closed session to discuss the performance of the elected sheriff or register of deeds? The open meetings law allows a public body to meet in closed session to talk about employees. But … Read more

This is an update of my January 27th, 2010 blog post on this topic.  You probably already know that the definition of public records in our state law is extremely broad, and certainly includes electronic records like email. This means that email … Read more

Article VII, sec. 1 of the North Carolina Constitution gives the General Assembly almost unlimited power to create local governments, and to define, expand, and limit their authority. Does this power allow the legislature, by local act, to require the … Read more

Now that the votes are in, let the questions begin! When do new county commissioners get sworn in and who can administer the oaths of office? What are the requirements for the organizational meeting? What powers do the “lame duck” … Read more

After each county and city election there is a transition period during which newly-elected officers have not yet been installed and outgoing officers are still in power. This blog post answers questions about what happens during this transitional period, when … Read more

Three (of five) board members walk into a bar…. Sounds like the beginning of a joke, right? In fact it’s the beginning of a frequently asked legal question. Stated more broadly the question is whether the mere presence of a … Read more

On July 11, 2016, Governor McCrory approved new legislation that creates rules for access to law enforcement recordings, including body-worn camera and dashboard camera records. Following a national trend, North Carolina’s law enforcement agencies have adopted these technologies, and the … Read more

The national debate about body-worn cameras continues as more law enforcement agencies adopt this powerful tool. As I’ve noted in a previous blog post here, this issue involves numerous competing issues, including safety, privacy, fairness, and transparency. Public expectations of … Read more