The elections are over, but there’s still some time before new members will be sworn in. Questions arise about what the roles and rights are of both the outgoing “lame duck” members, and the members-elect. Is it legal, and if … Read more

A problem springs up every 10 years, with the new census numbers, in cities, counties, and school units that elect their council members, commissioners, and school board members from districts:  how, and how much, to take race into account in … Read more

We occasionally get phone calls from local government officials who are concerned that the mayor – or in the case of a county, the chair of the board of commissioners – has not signed an ordinance or has not signed … Read more

A national retailer plans to locate a new big box store on a large vacant lot adjacent to an existing single-family neighborhood. The town council is holding a hearing on a special use permit application for project. The zoning ordinance … Read more

Assume you are a county attorney who gets a call from the tax collector asking your advice on whether the tax office should start foreclosure proceedings on Parcel A.  The property is valued at $25,000 and the county holds a tax lien … Read more

UPDATE September 2013:  A superior court judge affirmed the power of amotion for removal of a county commissioner. The judge’s order is summarized here. With apologies to Smokey Robinson and the Miracles, and with assurances that I haven’t left out … Read more

One news outlet reported that in exchange for constructing a data center in North Carolina, Apple Inc. will be reimbursed by North Carolina local governments for “50 percent of tax revenue on real estate property — buildings and land — … Read more

Many local government officials, reticent to increase their unit’s property tax or other tax rates, look to alternative revenue sources to support general government services and activities. One potential source of revenue is that generated from the fees and charges … Read more

I sometimes get questions about the ubiquitous “approved as to form,” which appears on official documents, signed by the local government attorney. Is this just typical boilerplate, or is it a legal requirement for a contract, ordinance, or other official … Read more

Your local government is planning a major construction project, and the engineering firm working with you on the project has strongly recommended prequalifying contractors before bidding.  The engineer tells you that this will ensure that the bids you receive are … Read more

UPDATE August 2013: For more recent information on this topic, click here. True or False — State law prohibits a local government or public authority from assessing surcharges on customers who remit payment of taxes, assessments, or fees by credit … Read more

After the death of Dale Earnhart, I received a phone call from a local government attorney asking whether it was permissible for the local government to fly its American and state flags at half-staff as a tribute to the NASCAR … Read more

When it comes to local government authority in North Carolina, it’s a lot easier to say what we’re not than what we are. North Carolina is not a home rule state. We’re variously described as a “Dillon’s Rule” or “broad … Read more

You’ve just received bids on a construction project costing $50,000, and discovered that the lowest bidder is not a licensed general contractor.  When you bring this to the bidder’s attention, she tells you that she will be licensed by the … Read more

UPDATE September 2013: In December 2012 in the case of Hest Technologies, Inc. v. State ex rel Perdue, the North Carolina Supreme Court upheld the constitutionality of the statute that makes it a criminal offense to conduct video sweepstakes games … Read more

UPDATE August 2013: For more recent information on this topic click here. Jill Moore recently blogged about the applicability of the federal Red Flag Rules to local health departments and the appropriate responses by those departments to prevent or mitigate … Read more

The mayor is on vacation and therefore the mayor pro tem is presiding at the regular council meeting.  The city is one in which the mayor votes only to break ties.  When a vote comes up, does the pro tem … Read more

A recurring subject of First Amendment case law has to do with monuments in public parks. The latest opinion from the United States Supreme Court on this subject holds (unanimously) that the placement of a permanent monument in a public … Read more

Your local government has just awarded a contract.  Now what are you supposed to do with all of the bids, bid tabulations, paperwork, and email generated by the bidding process?  Can you throw any of it away?  Do you have … Read more

S.L. 2009-564 (SB 468) amends G.S. 153A-93, effective October 1, to permit counties to provide health insurance to retired county commissioners.  The new act takes care of a statutory problem that appeared to prohibit providing such a benefit, but there … Read more