Back in 2008, the local government water utility adopted an Identity Theft Prevention (ITP) program to comply with the federal Red Flags Rule. Still awaiting final word from the Federal Trade Commission on whether or not the Red Flags Rule … Read more

UPDATE September 2013:  The North Carolina Department of Transportation has adopted rules and policies concerning the size, location, direction of traffic flow, and the construction of driveway connections into State Highway System roads.  In exercising this authority under G.S. 136-18(29), … Read more

In the course of his law enforcement duties, Police Officer Steve Spielburger has seized a shark’s tooth, a bullwhip, and a bicycle.  While investigating a theft, he also recovered an unusually large egg that no one has claimed.  What should … Read more

Malcolm Tucker’s troubles continue. Last year, shortly after he opened his new nightclub, Wally’s-A-Go-Go, the town revoked his permits because a former town staff person had erroneously issued zoning approvals (click for post on this issue). Although convinced it was … Read more

As the clock struck midnight on January 1, 2011, enforcement of the federal Red Flags Rule began—a mere three years after its enactment. (The Red Flags Rule comprises federal regulations aimed at preventing or mitigating identity theft associated with certain … Read more

Sometimes an employee simply doesn’t measure up. Poor performance is a common basis for dismissal. Under the personnel privacy laws, when a “disciplinary action” is a dismissal, a copy of the final notice of dismissal “setting forth the specific acts … Read more

UPDATE September 2013:  The 2013 legislation revising the board of adjustment statutes codifies the “self-created-hardship” standard for granting variances that is common in many ordinances.  S.L. 2013 – 126 provides that the hardship may not result from actions taken by … Read more

[UPDATE: S.L. 2018-98  exempts leasehold interests in exempt government property beginning with the 2019 tax year.  As of 2019, leases in government property will no longer be taxable to the lessee.] Which of the following real property is exempt from local … Read more

Surveys are a valuable tool for local governments and other public agencies. They provide important data that can help agencies make decisions and improve services. Surveys might be designed to get feedback from citizens or employees, or may involve research … Read more

The contents of an envelope tucked under the windshield wiper of your car parked on a city street doesn’t seem as ominous as a citation hand-delivered through your driver’s side window by a law enforcement officer illuminated by the flashing … Read more

Newly elected (or re-elected) local officials were sworn-in all over the state on Monday night. As the newly constituted boards settle in and prepare to govern, questions typically arise about the extent to which a board may alter its unit’s … Read more

This is the final post in a series on local preference policies.  (Earlier posts can be found here.)  Once again, we find ourselves listening in on the Emerald City Council meeting where the Council is discussing local preference policies.  The … Read more

Two years ago, you won a countywide at-large election to a seat on the board of county commissioners, and now one of your fellow citizens, Mary Anderson, has developed the suspicion that you don’t really live in the county.  She … Read more

In this blog post about the personnel privacy provisions, I described a scenario in which a North Carolina city receives a request under G.S. 160A-168(b)(11) for a copy of the written notice of the final dismissal of former police chief … Read more

This is the fifth installment in a series of posts discussing the efforts of the City Council of Emerald City, North Carolina, to support its local businesses by adopting a local preference policy.  (You can find the earlier installments here.)  … Read more

Do two wrongs ever equal a right in a zoning dispute? Suppose someone starts a business that is not allowed at that site under the zoning ordinance. One wrong. Suppose further that this was done after the town zoning inspector … Read more

On July 1, 2009, Carolina County had outstanding general obligation (G.O.) indebtedness of $32.2 million, revenue bond indebtedness of $7.1 million, and installment-purchase debt totaling $1.5 million. The county used its G.O. bond revenues to fund a new recreation facility … Read more

It is the Sunday after the big football game. People came to town from all across the state to see the local team play. Unfortunately, it turns out that several of the area hotels have been overrun with bed bugs … Read more

As part of its comprehensive planning process, a town commissioned a housing study to determine whether its current and projected housing stock is adequate to meet the needs of its local residents and workforce. The results weren’t terribly surprising. Most … Read more

What happens when the open meetings requirement clashes with the obligation to keep taxpayer income information confidential? This conflict most commonly involves county boards of equalization and review, but the issue could easily arise at the city level as well with privilege license taxes or occupancy … Read more