Recent Blog Posts

  • Can Cities Keep Ordinance Penalties After Shavitz?

    Authored by: on Friday, November 6th, 2009

    Article IX, section 7 of the State Constitution directs that the clear proceeds of all fines and penalties collected for “any breach of the penal laws of the State” be given to the public schools.  Cities have been avoiding this direction by decriminalizing violations of their ordinances, but some city attorneys have been concerned that the Court of Appeals put an end to this practice in its decision in Shavitz v. City of High Point, 177 N.C.App. 465 (2006), the red light camera case.  I think that’s an overreading of the case. Read more »

  • Lame Ducks and Members-Elect: What Can They Do After the Election and Before Swearing In?

    Authored by: on Thursday, November 5th, 2009

    The elections are over, but there’s still some time before new members will be sworn in. Questions arise about what the roles and rights are of both the outgoing “lame duck” members, and the members-elect. Is it legal, and if so, it is appropriate, for lame duck members to make significant decisions, such as hiring or firing the key employees, or approving a major development, contract, or ordinance during their remaining days in office? Does this usurp the powers of the lawfully elected incoming board? On the other hand, what if the current board members want to include the members-elect in key decisions? May they legally do so? Read more »

  • Federal Grants and Codes of Conduct

    Authored by: on Wednesday, November 4th, 2009

    As I mentioned in my post last week, the Grants Management Common Rule (which applies to all federal grants) requires entities that receive federal grants to establish a “code of conduct.”  This post will address what the Rule says about what the code of conduct must include. Read more »

  • Drawing Electoral Districts to Help Minority Voters and Their Favored Candidates

    Authored by: on Tuesday, November 3rd, 2009

    A problem springs up every 10 years, with the new census numbers, in cities, counties, and school units that elect their council members, commissioners, and school board members from districts:  how, and how much, to take race into account in drawing district lines. Read more »

  • Signing Minutes and Ordinances

    Authored by: on Friday, October 30th, 2009

    We occasionally get phone calls from local government officials who are concerned that the mayor – or in the case of a county, the chair of the board of commissioners – has not signed an ordinance or has not signed the minutes of the meeting.  In one instance the ordinance had been adopted several years earlier, and the mayor at the time was no longer in office.  What to do? Read more »

  • Can the Opinions of Neighbors be Considered in a Zoning Hearing?

    Authored by: on Thursday, October 29th, 2009

    A national retailer plans to locate a new big box store on a large vacant lot adjacent to an existing single-family neighborhood. The town council is holding a hearing on a special use permit application for project. The zoning ordinance requires that the project not have a significant adverse impact on public safety and not have a significant adverse impact on neighboring property values. A large group of the neighbors appear at the hearing to vigorously oppose the application. A spokesperson for the neighbors testifies that she firmly believes that traffic generated by the project would pose a substantial danger to the neighborhood children as they walk, bike, and play on adjacent streets. Another neighbor who is a real estate agent testifies that everyone knows the value of their houses will go down if this project is approved. He presents a petition signed by 80 nearby property owners who agree with this contention. Can the council base a permit decision on either’s testimony? New legislation clarifies the use of lay-person testimony in these situations. Read more »

  • Priority of Local Government Liens

    Authored by: on Thursday, October 29th, 2009

    Assume you are a county attorney who gets a call from the tax collector asking your advice on whether the tax office should start foreclosure proceedings on Parcel A.  The property is valued at $25,000 and the county holds a tax lien of $4,000, so at first glance a foreclosure action looks promising.  But then the tax collector lets you know that her staff did a quick title search and learned that the local bank has a $10,000 mortgage on Parcel A. What’s more, two years ago the I.R.S. recorded a $30,000 lien for unpaid federal income taxes, and just last week the N.C. Department of Revenue recorded a lien for $8,000 of unpaid state income taxes.  Do you tell the tax collector that this foreclosure would be a waste of time? Read more »