Responding to requests for public information is an important and time-consuming aspect of the jobs of many local government officials and employees. While some requests are straight-forward, others require analysis and interpretation of the public records law, including its many … Read more

Suppose that a town council holds a public hearing on a proposal to rezone one of the last vacant tracts of land in the northwest area of town from a single-family residential district to a multi-family residential district. Suppose also … Read more

UPDATE August 2013: The authority to levy the local land transfer tax discussed in this post was repealed by the General Assembly in 2011. The legislature also made changes to the effective date of a new Article 46 local sales … Read more

Suppose a North Carolina county wishes to impose term limits on its county commissioners.  May it do so?  Could a city impose term limits on its mayor or council members?  What about a local school unit?  Could it put term … Read more

UPDATE August 2013: For updated information on this topic, click here. The Federal Trade Commission (FTC) announced on Friday, May 28, 2010, that it is delaying the enforcement of the federal Red Flags Rule, once again, through December 31, 2010. This marks … Read more

People sometimes assume that local government boards can never vote or take action in a closed session. That’s not quite true. Consider the following scenario: A city council has gone into a closed session under G.S. 143-318.11(5) and (6) to … Read more

UPDATE August 2013: For more on the public’s right to speak at meetings, click here. I find that many local officials are unclear about the statutory requirement that they hold “public comment periods” on a regular basis.  In this post, … Read more

Your public works department is planning to construct a new waste water collection system, and, in a meeting with your engineer, you learn that a piece of equipment she plans to include in the bid specifications is a proprietary piece … Read more

More than a few local government taxes, fees, and costs can be collected using some or all of the remedies available for the collection of property taxes.  As I’ve blogged before, property taxes can be waived or refunded only in very … Read more

After a grueling budget season, the county board of commissioners has cut, and cut, and cut. The board members have come to the conclusion that, to avoid serious diminution in services, they must increase revenue. The next step is to … Read more

 Folks in the small town of Maycomb are riled up. The state recently funded construction of a new expressway that passes near the town. Most everyone in town likes that, as the new road will cut time off the trip … Read more

UPDATE August 2013: For updated information on the public school funding dispute resolution process, click here. In my last post, I reviewed the constitutional and statutory framework for county funding of local school administrative units (public schools). As I explained … Read more

UPDATE November 2013: In 2010 the General Assembly enacted substantial changes to the personnel records privacy statutes discussed in this post, but those changes do not affect the analysis in the post. The city manager enters a written contract of … Read more

Given the gaming industry’s aggressive litigation strategy against criminal sanctions, it seemed only a matter of time before internet sweepstakes operators responded similarly to the growing number of municipal privilege license taxes imposed on their businesses.  That time has arrived.   In late April lawyers for … Read more

Members of elected and appointed boards often disagree with each other. That can be considered to be a good thing – perhaps a sign that the board represents different points of view and reflects the various perspectives of its constituents. … Read more

UPDATE September 2013:  In 2011 the General Assembly adopted legislation establishing standards for political signs within the right-of-way of NCDOT roads and highways, giving NCDOT the authority to enforce them.  The adopted statute (G.S. 136-32) does, however, allow municipalities to … Read more

It is budget season. And, once again, local government officials face tough decisions about how to balance their annual budgets—Raise taxes and fees? Curtail services? Delay projects? Cut personnel? If my volume of phone calls is any indication, however, the … Read more

Many of you are aware that Governor Bev Purdue recently signed an executive order to give North Carolina businesses the opportunity to match the lowest bid when bidding on state contracts for the purchase of goods. You can find Executive … Read more

In an earlier blog, I discussed the meaning of “public office.”  As promised, I will now examine multiple and ex officio office-holding.

With apologies to The Treasure of the Sierra Madre, the title of this post accurately summarizes my usual response when asked about the consequences facing a local government that fails to deliver property tax bills in a timely fashion.   N.C. property tax law does … Read more