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Civil Penalties for Violations of State Emergency Orders?

November 30, 2020

[Update (12/14/2020): On December 10, 2020, the North Carolina Department of Justice issued an informal opinion letter that differs from the opinion that I reach in this blog post. In the post, I conclude that cities and counties probably lack … Continued

Failures to Vote by Board Members Participating Remotely

March 20, 2020

[UPDATE: Section 4.31 of Session Law 2020-3 amends G.S. 160A-75 to apply the default “yes” rule discussed below to the unexcused failures to vote of council members who attend meetings electronically during a state of emergency declared by the Governor … Continued

Who Appoints City and County Clerks?

October 18, 2019

State law requires every city and every board of county commissioners to designate a clerk.  The law is clear with respect to who appoints the clerk to the board of county commissioners.  When it comes to appointment of city clerks, … Continued

Ordinance Report Requirement – Round Two

August 30, 2019

Last year the General Assembly enacted Session Law 2018-69 (An Act to Assist the Criminal Law Recodification Working Group).  The Act directed the State’s counties, municipalities, and metropolitan sewerage districts to submit lists of their criminally enforceable ordinances to two … Continued

What are “Full and Accurate” Minutes?

January 22, 2019

The open meetings law mandates that public bodies keep “full and accurate” minutes of their official meetings. G.S. 143-318.10(e). Separate statutes expressly require “full and accurate” minutes for meetings of city councils and boards of county commissioners. G.S. 153A-42 (boards … Continued

New Ordinance Report Requirement – Advice on Complying

August 20, 2018

In June the General Assembly enacted Session Law 2018-69, which directs municipalities, counties, and metropolitan sewerage districts to submit ordinance-related information to two legislative committees by December 1, 2018.  This blog post examines the law and considers how local government … Continued