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The Most Common Oaths of Office Question

August 4, 2022

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 … Read more

De Facto Officers Versus Intruders

October 22, 2010

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 … Read more

What’s a “Public Office”?

February 17, 2010

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 … Read more

Board Members as Employees

January 6, 2010

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 … Read more

Powers of Mayors

December 23, 2009

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 … Read more