Top Ten Questions about the Local Public School Budgeting Process

UPDATE August 2013: For updated information on the public school funding dispute resolution process, click here.

In my last post, I reviewed the constitutional and statutory framework for county funding of local school administrative units (public schools). As I explained in that post, the contours of a county’s legal responsibilities for funding public schools is not entirely clear. What is clear, however, is that counties expend a significant portion of their budgets on public schools—on average over 30 percent. And, in the aggregate, counties fund approximately 32 percent of public schools’ operating expenses and approximately 93 percent of public schools’ capital outlay. But, how does a county appropriate funds to its local school administrative unit(s)? What control does a county have over the expenditure of the appropriated funds? And, what recourse, if any, does a local school board have if it does not agree with a county’s yearly appropriations? The following addresses these and other frequently asked questions about the local budgeting process for public schools. Read more »

Are Governmental Employment Contracts Open to Public Inspection?

UPDATE November 2013: In 2010 the General Assembly enacted substantial changes to the personnel records privacy statutes discussed in this post, but those changes do not affect the analysis in the post.

The city manager enters a written contract of employment with the city council.  The school superintendent has a written contract.  So does the county manager.  Are these contracts open for public inspection?  Is any governmental employment contract open?  Does a curious citizen, or the local newspaper, have the right to see and copy the contract?  The answer has to be Yes, but the controlling statutes do not say that quite as clearly as could be desired. Read more »

Internet Sweepstakes Tax Challenged in Federal Court

Given the gaming industry’s aggressive litigation strategy against criminal sanctions, it seemed only a matter of time before internet sweepstakes operators responded similarly to the growing number of municipal privilege license taxes imposed on their businesses.  That time has arrived.   In late April lawyers for the “Mt. Airy Business Center” filed a complaint in federal court alleging that the city of Kannapolis violated the U.S. and N.C. Constitutions as well as state law when it adopted zoning regulations and privilege license taxes aimed at internet sweepstakes operators.  Read more »

Airing Dirty Laundry in Public: Does the Law Require It?

Members of elected and appointed boards often disagree with each other. That can be considered to be a good thing – perhaps a sign that the board represents different points of view and reflects the various perspectives of its constituents. Sometimes, though, relations become strained. The disagreement becomes hostility and interferes with the board’s effectiveness.  In some cases there may be just one member – maybe even the presiding officer – who is perceived by others on the board as being difficult, or as abusing or exceeding his or her authority. If the situation gets bad enough, board members may feel the need to censure or otherwise publicly reprimand a member of the board. In any of these situations, whether the problem is general group dysfunction, or individual misbehavior, the board may want to take a time out, go into closed session, and either have it out, or work it out.  Does the open meetings law require them to air their dirty laundry in public, or can they meet in closed session for this purpose? Read more »

Campaign Signs and Local Land-Use Ordinances

UPDATE September 2013:  In 2011 the General Assembly adopted legislation establishing standards for political signs within the right-of-way of NCDOT roads and highways, giving NCDOT the authority to enforce them.  The adopted statute (G.S. 136-32) does, however, allow municipalities to retain authority to regulate political signs within the rights-of-way of streets inside city limits that are maintained by the city.  For a full discussion of the 2011 law see my more recent 2011 blog.

Jerry is running for county commissioner. Jerry’s backers tell him that he will have to improve the recognition of his name substantially if he is to have a chance in the upcoming election. His strategy is to flood the county with his purple and white campaign signs until virtually everyone will know his name. What could stand in the way of this strategy? Several local governments are considering new standards for “political signs.” What do representatives of local governments need to know about the regulation of campaign signs to adequate balance Jerry’s constitutional rights and the community’s interest in its own appearance? Read more »

County Responsibility for Public School Funding

It is budget season. And, once again, local government officials face tough decisions about how to balance their annual budgets—Raise taxes and fees? Curtail services? Delay projects? Cut personnel? If my volume of phone calls is any indication, however, the “million dollar” question for many county officials involves determining a county’s responsibility for funding its local school administrative unit(s) (public schools).

This question certainly is not new. And, perhaps to the dismay of many local government and public school officials, the question does not have a simple answer. In fact, I often refer to the statutory and case law guidance on this issue as akin to an eye chart—the contours of a county’s funding authority and responsibility for its public schools appears fairly clear on the surface, but becomes increasingly fuzzy as one delves into the various relevant constitutional and statutory provisions. This post briefly summarizes the constitutional and statutory framework governing local funding of public schools. (In this post I address frequently asked questions about the public school budgeting process.) Read more »

Executive Order 50 and Local Governments

Many of you are aware that Governor Bev Purdue recently signed an executive order to give North Carolina businesses the opportunity to match the lowest bid when bidding on state contracts for the purchase of goods. You can find Executive Order 50 here. This post addresses the questions that I’ve received about this Order. Read more »