Federal Red Flags Rule Enforcement Delayed Again

UPDATE August 2013: For updated information on this topic, click here.

The Federal Trade Commission (FTC) announced on Friday, May 28, 2010, that it is delaying the enforcement of the federal Red Flags Rule, once again, through December 31, 2010. This marks the fifth extension of the enforcement deadline since the enactment of the Rule on January 1, 2008. According to the FTC, the enforcement delay comes at the request of several Members of Congress who seek more time to consider legislation that would affect the scope of entities covered by the Rule. For more information about the Rule and what government entities and activities it covers, see Jill Moore’s and my previous posts on this topic–Dogs and Red Flags: Updates from the Public Health World; Local Governments, Public Authorities, and the Red Flags Rule: Does it Apply?; and Local Health Departments and “Appropriate” Responses to Identity Theft Red Flags.

Voting and Taking Action in Closed Sessions

People sometimes assume that local government boards can never vote or take action in a closed session. That’s not quite true. Consider the following scenario: A city council has gone into a closed session under G.S. 143-318.11(5) and (6) to discuss the short list of candidates for the open city manager position, and to settle on the compensation and other terms of employment they plan to include in the manager’s contract. After a short discussion there seems to be general agreement about the top candidate, but there is some disagreement about compensation. To move things along, the mayor says, “O.k. folks, let’s just see where stand with a show of hands:  Does everyone agree that Ms. Jones is our top choice?” One of the board members says, “Wait a minute – we can’t vote in closed session, can we?”  This post describes a board’s ability to reach a “tentative consensus” in closed session, and lists some examples of specific final actions that can be taken in closed session. Read more »

Statutorily Required Public Comment Periods: What Are They and How Do They Work?

The Halifax Resolves, April 12, 1776

UPDATE August 2013: For more on the public’s right to speak at meetings, click here.

I find that many local officials are unclear about the statutory requirement that they hold “public comment periods” on a regular basis.  In this post, I will answer some of the questions about comment periods—which boards must hold them and how often, what they are and what they are not, what types of comments are allowed, and what procedures local officials may adopt to govern comment periods. Read more »

Brand-specific specifications

Your public works department is planning to construct a new waste water collection system, and, in a meeting with your engineer, you learn that a piece of equipment she plans to include in the bid specifications is a proprietary piece of equipment manufactured by only one company, No-Stink, Inc.  She tells you that this particular brand of equipment will greatly improve the function of the collection system. Specifying one brand of equipment doesn’t seem right to you, though.  So what do you do? Read more »

Waiving Fees and Costs

More than a few local government taxes, fees, and costs can be collected using some or all of the remedies available for the collection of property taxes.  As I’ve blogged before, property taxes can be waived or refunded only in very limited circumstances. Do these same stringent waiver and refund rules apply to those taxes, fees and costs that can be collected using property tax remedies?  I don’t think so, meaning there may be room for creativity by local governments in this area.

For instance, consider the recent proposal by the city of Durham to forgive demolition costs incurred when enforcing minimum housing standards if the owner of the demolished property agrees to make it available for low-income housing.  Read more »

Getting Your Message Across: What Can Public Officials Say In Support of Pending Policies or Proposals?

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 put the local option sales tax on the ballot and hope that they can convince the citizens of the need to approve it. Meanwhile, the city council, facing the same budget woes, has decided to cut back on library and other popular services, and charge or increase fees for things like recreational programs. City and county officials want to make sure that citizens understand the trade-offs and hard choices they’re having to make, and feel that if they can just get their message out, they can reduce opposition to the increased taxes and fees. There are many options for communication, including community meetings, public service announcements, development of talking points for elected officials to use, videos, printed pamphlets, and postings on governmental and personal social media sites. Are there any legal limitations on getting the message across? Read more »

Does Zoning Have to Provide a Place for Everything?

 Folks in the small town of Maycomb are riled up. The state recently funded construction of a new expressway that passes near the town. Most everyone in town likes that, as the new road will cut time off the trip up to Raleigh. What has them riled up is a proposed asphalt plant. A big out-of-town company got the contract for the expressway, along with several other substantial repaving projects in the area. Word has gotten out that they want to build a large new asphalt plant and construction staging yard on a vacant parcel out on the edge of town. The parcel is just outside the city limits, but in the town’s extraterritorial planning area and subject to town zoning. The residents of the neighborhoods around this parcel are aghast at the prospect of all the trucks, noise, odors, and commotion associated with such an operation. A large group of these folks showed up at the town council meeting last night, all wearing big buttons saying “NO ASPHALT PLANT.” The hastily organized group, Citizens for Preservation of Maycomb, presented a petition to the council requesting that the town amend its zoning ordinance to ban asphalt plants throughout the town and its small extraterritorial area. The petition was signed by nearly 1,500 persons, an impressive number considering that the town only has 6,000 residents. When the petition is presented, the Mayor turns to the staff and asks, “Can we even think about doing this?”  Read more »