Does this person need to take an oath of office? This is by far the most frequent oaths of office question I receive. My colleagues Trey Allen and David Lawrence have written excellent blogs (here and here) on this very … Continued

Last November the voters elected a new town council, and to celebrate the victors invited their local congressman to administer the oath of office.  Several months later some pedant pointed out that North Carolina law doesn’t permit congressmen to administer … Continued

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 … Continued

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

What’s a “Public Office”? I am often asked to explain what it means to hold a public office. The questioner is sometimes trying to decide whether a particular person must take an oath, which is required of public office-holders.  Or, the person … Continued

The governing board of a small town believes that it would be advantageous to hire the mayor as a part-time town administrator. Is this legal? In some cases, it is. There are two main legal prohibitions that would generally bar … Continued

Compared with many other states, North Carolina has created a very limited role for mayors. Our state laws leave many decisions about the management and operation of municipalities to the governing board, or, in jurisdictions operating in a council-manager form … Continued

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 … Continued

Last week I discussed a possible advantage of considering city or county attorneys as public officers – the governing board’s ability to hold a closed session to consider an attorney’s qualifications, character, performance, and so on.  This week I want … Continued

In last week’s blog post, I discussed the status under the public records law of records kept in his or her law office by a local government attorney who serves on a contract basis, rather than as an employee.  I … Continued