Organizational Options for Local Public Health Agencies in North Carolina, Part 1: Current Law

UPDATE: Legislation changing the organizational and governance options for NC local public health agencies was enacted in June 2012. The legislation, commonly called House Bill 438, is summarized here. More information and resources about the implementation of this legislation in North Carolina is available on the consolidated human services section of the SOG’s NC public health law website.

During the legislative session that just ended, several bills were introduced that had the potential to affect the way public health services are provided at the local level in North Carolina. None of the bills were enacted, but several passed their chambers of introduction before the crossover deadline of June 9, which means they remain eligible for consideration during the 2011-12 session.

What would those bills mean for counties and local public health agencies in North Carolina? I’ll attempt to answer that question with two posts. Today, I will briefly describe the options counties have for forming local public health agencies under current law. In tomorrow’s post, I’ll delve into the details of the bills that were introduced this session and explain the alternative methods for delivery of local public health services that they contemplate. Read more »

Mowing the Grassy Strip

A recent discussion among local government attorneys concerned whether a city may adopt an ordinance that requires abutting property owners to mow or otherwise maintain the grassy strip that often lies between a public sidewalk and the curb.  The discussion was inconclusive, and because I was a part of it I thought I’d investigate any relevant case law.  There wasn’t much, but I’ve concluded that such an ordinance is valid.  Read more »

Nuisance Abatement and Local Governments: What a Mess

UPDATE September 2013:  Click here for the 2013 sequel to this blog.

What is a public nuisance? A public nuisance is a condition or activity involving real property that amounts to an unreasonable interference with the health, safety, morals, or comfort of the community. Of course, for many of us a public nuisance may be impossible to define; you simply know it when you see it (or hear it or smell it). Often times, it involves a real mess. But the real nuisance for our purposes may be the confusing state of the law that applies to local government nuisance actions. The purpose of this blog is to consider some of the statutory choices (and problems) facing local governments that wish to regulate and abate nuisances. A subsequent blog will consider further some of the legal issues involved. Read more »

Ask, Don’t Compel: Local Government Authority to Establish Rules For Public Records Requests

An email to the town clerk requests electronic copies of the job descriptions for all town positions that are currently filled, and a list of all current town employee salaries. It asks for a response by return email. The email address is “guess who” @gmail.com and there is no other identifying information in the request. The town has a standard form it requires for public records requests, including an on-line version. The sender refuses to complete the form and claims that it’s illegal for the town to require it. The next day, a person walks into town hall and requests hard copies of all emails sent to and from the town manager within the past month. Again, the town insists on its standard form but the requester refuses to complete it, will not provide her name or any contact information, and says she will come in person in a week and pick up the records. Is it illegal for the town to ask for written requests or additional information? Must they provide the records if a person refuses to comply with the protocol?

While the North Carolina public records law does not specifically authorize local governments to require that public records requests must be submitted in a particular form, there are legitimate reasons to request information that will help the agency fulfill its legal obligations in providing access to public records. But if the agency has the minimum information it needs, it must respond, even if a request is not submitted in the standard form. This blog discusses the limitations public agencies face in controlling the ways public records requests must be submitted. Read more »

Can We Add a Condition to this Rezoning?

NOTE:  Post updated 10/27/21 to incorporate statutory updates.

A developer needs a rezoning to increase permissible densities on a tract in order build a project that may well be good for the community. The neighbors have legitimate concerns about the impact this more intensive development would have on quality of their neighborhood and their property values. Discussions between the developer, neighbors, planning board, and town council indicate a workable compromise might be possible. Can the town impose some site-specific conditions on the rezoning that will reconcile these competing interests? Read more »

Amending a Newly Adopted Budget Ordinance Before July 1

After a contentious and stressful budget season, Carolina County’s governing board adopts its annual budget ordinance on June 13, 2011. The budget reflects tough decisions by the board about how to allocate limited resources among competing priorities. However,  because the state’s budget has not been enacted (the State Appropriations Act–HB 200 was ratified by the General Assembly, but the Governor vetoed it on June 12, 2011) there is at least some uncertainty about potential additional county expenditures or additional cuts to county revenue. It is this uncertainty that leads one of the county’s governing board members, Commissioner Ian Decisive, to question several of the appropriations and the property tax rate levied in the budget ordinance. A few days after the budget is adopted, he suggests to the county manager and the board chairman that the board call a special meeting on June 20 to adopt a new budget ordinance which appropriates less money to many of the county departments and reduces the county’s property tax rate. The county manager, Prudence Smith, is leery of re-opening the budget process. She also thinks there may be some legal problems with changing the budget ordinance. Commissioner Decisive insists that adopting a new budget ordinance is in the best interest of the citizens of the county. He assures Prudence that there is no legal problem because the budget deadline is not until July 1. According to the commissioner, the board is free to adopt a new budget ordinance or make any changes to the existing budget ordinance until July 1. Is the commissioner correct? Read more »

The N.C. Constitution’s Uniformity Clause

Given the dire economic news of late, it’s no surprise that the General Assembly and local governments are trying to get creative with local property taxes.  Consider the suggestion from one county to levy a more progressive property tax, with one rate for real property valued less than $1,000,000 and a much higher rate for more valuable properties.  How about a property tax exclusion available only in larger counties that might more easily absorb the reduction in tax revenues?

While innovative tax schemes such as these might carry some merit, they also carry some constitutional concerns.  All property tax laws must satisfy the “uniformity clause” in Article V, Section 2(2) of the North Carolina Constitution.   In a nutshell, this clause creates two requirements for property taxes, one concerning rates and one concerning classifications, the fancy name for exclusions and exemptions.   Read more »