The Local Government Commission (LGC) is a nine-member state body situated in the Department of State Treasurer. G.S. Ch. 159, Art. 2. The commission monitors the fiscal management and financial condition of local governments and public authorities (providing assistance and … Read more

For government officials, the line between official and personal social media pages may sometimes be blurry. Imagine a county commissioner or city council member who maintains a Facebook page that combines photos of her family vacations with updates about important … Read more

This post was co-authored with SOG faculty member Phil Dixon Jr. A version of this post is also available on the School of Government’s North Carolina Criminal Law blog. When and how can state and local government officials and employees … Read more

Over the past few months, I’ve talked to a number of local government employees who are beginning to experiment with generative artificial intelligence (AI) tools like ChatGPT (among many others) to do their work. Some local governments in North Carolina … Read more

Last summer, the legislature passed Session Law (S.L.) 2023-95, which amended G.S. 122C-53(a), the North Carolina statute governing the release of confidential information about patients receiving behavioral health services, including mental health and substance use disorder (SUD) care. Specifically, the … Read more

Spoiler alert: yes! Local health directors are appointed public officials who must take an oath of office. But what makes a local health director a public official? And which oath of office should they take? Let’s discuss.

After an approximately four-year tenure, the town manager files a confidential report claiming a hostile work environment. The town manager’s attorney negotiates a settlement agreement in which the town manager agrees to resign and not bring future legal claims against … Read more

The Machinery Act makes it clear that the “governing board” (aka the board of county commissioners or the city council) has the sole authority to appoint and remove both assessors and tax collectors. GS 105-294 and -349.   But the statutes … Read more

Children and teens who are in the custody of a county DSS are (or have been alleged to be) abused, neglected, and/or dependent. While in out-of-home placements, these children experience (1) ongoing separation from their families and communities (e.g., parents, … Read more

Last August, following a legislative override of the Governor’s veto, the General Assembly passed Session Law 2023-106. Part III of the session law, which is the focus of this bulletin, amends Chapter 90, Article 1A of the North Carolina General … Read more

Every year, county departments of social services investigate thousands of reports of child abuse and neglect across North Carolina. Tragically, some of those cases of abuse or neglect end in the death of a child. After one of these fatalities … Read more

Imagine that the Wonka Chocolate Factory is the largest employer in your county.  They list substantial amounts of business personal property (“BPP”) for taxation every year.  In January 2023, Wonka lists BPP totaling $65,000,000, which is roughly $25,000,000 more than … Read more

On August 16, 2023, Session Law (S.L.) 2023-106, which included the Parent’s Bill of Rights, was passed after a legislative override of the Governor’s veto. Part 3 of the law, which goes into effect on December 1, 2023, requires health … Read more

NOTE: This post has been updated to reflect developing case law.  When can local governments charge for responding to public records requests? How much can they charge and for what services? While certain aspects of public records law provide a … Read more

Headline: City finance employee embezzles public money. While the facts may differ, the story underlying this all-too-common headline is usually one in which a trusted employee slowly pockets money by writing checks or electronically transferring funds to a personal bank … Read more

As discussed in previous posts, the system development fee (SDF) law, G.S. Ch. 162A, Art. 8, allows a local government utility provider to assess certain costs of developing and maintaining its water and/or wastewater systems on new development that benefits … Read more

On August 16, 2023, Session Law (S.L.) 2023-106, which included the Parent’s Bill of Rights, was passed after a legislative override of the Governor’s veto. Part 3 of the law, which goes into effect on December 1, 2023, requires health … Read more

The religious exemption created by G.S. 105-278.3 may produce more difficult questions than the rest of the Machinery Act combined.  This post summarizes the religious exemption’s legal requirements and tries to answer some of those thorny eligibility questions. Ownership and … Read more

North Carolina local governments and public authorities (collectively “local units”) are subject to oversight by the State in various ways. The Local Government Commission monitors the fiscal health of all local units, sets rules for financial management and audit compliance, … Read more

As the 2023 Legislative Session continues, many session laws that amend child welfare statutes, including abuse, neglect, dependency; termination of parental rights (TPR); adoption of a minor; and foster care licensing became effective on various dates. Some of these changes … Read more