Hard times have come to Emerald City, North Carolina.  People are out of work, no one is buying or building anything, and it doesn’t look like things will get better anytime soon.  The Emerald City Council has decided that they … Read more

On October 1, 2010, 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 Chris Jones, setting forth the specific acts or omissions that were … Read more

In her regular budget update for the town council, Mayor Juanita Beasley advised the council that the budget cuts implemented for the current fiscal year appeared to be adequate. She cautioned, however, that  the town’s budget outlook for next year … Read more

Few things can get the attention of a business owner as effectively as can the sight of that business’ inventory being loaded into a truck by a deputy sheriff to pay off outstanding taxes.  Most local government officials know that the levy, seizure and sale remedy … Read more

During its last term, the U.S. Supreme Court held in U.S. v. Stevens (130 S. Ct. 1577 (April 20, 2010), that a federal animal cruelty statute (18 U.S.C. § 48) was unconstitutional. The law criminalizes the creation, sale, or possession … Read more

Last fall I blogged about new legislation (S.L. 2009-522 (H 1389) and S.L. 2009-525 (S 97) (hereinafter 2009 Acts)) authorizing North Carolina counties and municipalities to adopt programs to finance certain energy efficiency improvements and distributed generation renewable energy sources … Read more

UPDATED: September 7, 2010 Questions frequently arise regarding whether cities and counties may lawfully adopt ordinances regulating traffic. For instance, may a city or county allow the operation of golf carts on streets within its boundaries? May a city adopt … Read more

What’s the difference between an IFB, and RFP, and an RFQ, and what are they anyway?  As I’ll explain in more detail in this post, what name you give a solicitation document—the document you use to solicit bids or proposals—is … Read more

A shot across the bow of another ship at sea can provoke an international incident if the action is improperly interpreted, or the matter can be resolved quickly. But in either case a shot across the bow tends to get … Read more

The Machinery Act describes the in rem tax foreclosure procedure in NCGS 105-375 as a “simple and inexpensive” alternative to the full-blown civil action required by the “mortgage-style” foreclosure procedure in NCGS 105-374.  That description might be overly optimistic in … Read more

How should a North Carolina local government respond to the following public records requests? First, a request for a list of all building permits issued to governing board members or their relatives. Second, a request (submitted after October 1, 2010 … Read more

In 2009, the General Assembly enacted new electronic notice and public comment requirements with respect to the imposition of, or increase in, certain fees and charges assessed by local governments, and (at least potentially) sanitary districts and water and sewer … Read more

From the nation’s largest city to North Carolina’s smallest towns, land use regulation of religious uses can be particularly contentious. While the siting a mosque in lower Manhattan morphed from a local zoning dispute into a national political and policy … Read more

For two years now we’ve read story after story about the increasing number of homes that are mortgaged for far more than they are now worth.  A recent report by the N.C. Department of Revenue suggests that for the first time … Read more

Imagine that you’re a local government IT administrator, clerk, manager, or other employee, and your job requires you to have access to employee and board members emails for your unit of local government. A member of your governing board contacts … Read more

I am in the process of coordinating the Local Government Legislative Review Webinar scheduled for this Thursday, August 12 from 10-12 (it’s not too late to register!).  We have a fantastic and diverse lineup of presenters talking about everything from … Read more

In 2007 the General Assembly enacted legislation (effective January 1, 2008) establishing a consolidated system for administering both wireline and wireless 911 systems across the State. (Prior to that date, the Wireless 911 Board administered a statewide wireless 911 system, … Read more

One of your city council members, Georgia Peach, is a plumber, and owns her own plumbing business, Peaches & Plumbs, LLP.  Peaches & Plumbs often subcontracts with one of the bigger and more reputable general contractors in town, Constructive Construction, … Read more

Remember the permit extension legislation from last fall that was designed to give developers, lenders, and property owners a reprieve from all of those governmental permits expiring? You know, the legislation that suspended development permits from running during the period … Read more

The Set-off Debt Collection Act is one of the General Statute’s hidden gems for local governments.   For decades the process commonly called “debt set-off” has allowed local governments, water and sewer authorities, and similar public agencies to attach state income tax returns to … Read more