Employers, GINA, and Family Medical History

A supervisor overhears one employee tell another that her mother has developed breast cancer.  In that inadvertent way, the supervisor—and therefore the employer—has acquired genetic information about the employee.  Under the Genetic Information Nondiscrimination Act (GINA), the acquisition of genetic information is unlawful.  Has the employer violated GINA? Read more »

Public Records Law and the Tax Office

The basic concept behind North Carolina public records law is simple:  all government records are “property of the people.”  As such, they must be made available upon request for free or minimal cost unless a statute specifically exempts a particular type of record from disclosure.  But many local tax offices are learning that putting this simple concept into practice can be complicated.

Consider this request submitted to a number of counties in recent months: “Please produce a list of all foreclosure actions in which the foreclosure sale produced surplus funds that were then submitted to the clerk of court for distribution.” Clearly, somebody out there thinks there is money to be made alerting taxpayers of possible unclaimed surplus funds being held by the courts.  Are tax offices required to assist with this somewhat questionable entrepreneurial effort? Read more »

“Mandatory” Evacuations – Are They Really Enforceable?

NOAA NWS NHC Irene Track 8/24/11, 11:00 AM EDT

As Hurricane Irene barreled toward the eastern seaboard and North Carolina’s coast, local communities and state and local officials braced for a potentially significant hit.  Hyde County declared a local state of emergency. Under its declaration it ordered a mandatory evacuation for visitors and a voluntary evacuation for county residents beginning early Wednesday morning.  The evacuation order becomes mandatory for everyone in the county early the following morning.  Hyde’s declaration also authorized local and state law enforcement to restrict access to Ocracoke Island.  Other local governments follow suit in the coming hours and days (depending on the track and intensity of the storm), ordering voluntary and mandatory evacuations, and restricting access to high-risk areas.

Local officials are authorized to order mandatory and voluntary evacuations, but can they enforce them? Read more »

State Funding for Municipal Road Projects: Powell Bill Funds

UPDATE September 2013: During the 2013 legislative session, the General Assembly modified the distribution of Powell Bill funds to municipalities. See S.L. 2013-183.

For which of the following projects may Powell Bill funds be expended?

 1. The Village of Pothole paves and seal-coats its primary public road.

2. The City of Troubled Waters builds a bridge adjoining two public roads.

3. The Town of Stormville removes snow from public streets.

4. The Village of Speeders installs traffic lights.

5. The Town of Refuse purchases a garbage truck to be used to collect garbage off of town streets.

6. Walker County constructs sidewalks adjoining several highly-traveled public roads.

7. The Village of Grassy Knoll mows the grass along a state highway located in the village.

8.  Level City grades roads in a privately-maintained subdivision in the city. Read more »

Does the Board Have to Approve This?

A frequently asked question if there ever was one. It would be nice if the statutes that govern local government activities were consistent and clear about what specific decisions or activities require governing board approval. No such luck. But there are a few key pieces of information that can help answer the question.  This blog post discusses two situations that clearly require governing board action: 1) when a statute specifically requires it; and 2) when the action is legislative in character. In most other situations, actions may be undertaken by the board, or may be delegated to some other person or board within the unit. Of course, there is frequently value in obtaining governing board approval for some things even when it’s not required. Read more »

Local Governments and the Special Status of Bona Fide Farms

UPDATE September 2013:  In 2013 the General Assembly expanded the scope of the bona-fide-farm exemption in several respects.  S.L. 2013 – 347 amends G.S. 153A-340 to provide that exempt activity includes agricultural activity associated with a farm “and any other farm owned or leased to or from others by the bona fide farm operator, no matter where located.”  Thus energy production and processing activities and facilities will be allowed on one property can be of a scale necessary to serve multiple farm tracts in the same ownership.  In addition, the same session law exempts grain warehouses and storage facilities from zoning by counties and municipalities in their extraterritorial planning areas.  A provision in a second act, section 45 of S.L. 2013 – 413, directs the Department of Transportation to adopt rules to authorize selective pruning vegetation within the rights-of-way of federal and state primary highway for that obstructs motorists’ views of properties on which agritourism activities occur. 

The conference speaker, representing agricultural interests, posed this question to his audience: “What is the North Carolina state motto?” The answer came back: “Esse Quam Videri.” “What do you think it means?” he asked. After some buzz, those in the audience who were in the know confidently replied, “To be rather than to seem.” The speaker paused and then chuckled, “Well, my folks say that in North Carolina it means agriculture is exempt.” Read more »

Emergency Restrictions under State of Emergency Declarations – Who Can Impose What?

A massive hurricane is bearing down on the coast.  Coates County issues a state of emergency declaration ordering a mandatory evacuation and prohibiting alcohol sales (just to be on the safe side).  Citizens in the Town of Albert start calling town hall wondering if they too are required to evacuate, and the local pub owner wants to know if he can still have his hurricane party that night.  The Mayor agrees that an evacuation is necessary, but also feels a curfew should be imposed.  And, while he thinks the ban on alcohol sales is excessive, he doesn’t like the idea of a late-night hurricane party.  Do the county’s emergency restrictions apply within the town?  Can the town impose different or additional restrictions?  Who has the authority to do what? Read more »