I Second that Amotion

UPDATE September 2013:  A superior court judge affirmed the power of amotion for removal of a county commissioner. The judge’s order is summarized here.

With apologies to Smokey Robinson and the Miracles, and with assurances that I haven’t left out the space in “a motion,” this post addresses a question about whether a North Carolina local governing board has authority to oust one of its members. Read more »

Valid Cash Incentive or Illegal Tax Rebate?

One news outlet reported that in exchange for constructing a data center in North Carolina, Apple Inc. will be reimbursed by North Carolina local governments for “50 percent of tax revenue on real estate property — buildings and land — and 85 percent of tax revenue on business property — computers and other equipment — for the next 10 years.” How do we determine whether this is an improper tax exemption or a valid incentive? I’m afraid there’s no “app for that.” Read more »

Protests and ARRA and Bears, Oh My!

Now that local governments are digging in to the requirements that apply to American Recovery and Reinvestment Act grants, I’ve started to get questions about developing bid protest procedures.  Are these procedures required?  If so, what should the procedures look like?  And where can I find a sample bid protest procedure? Read more »

Transfers between an Enterprise Fund and the General Fund

Many local government officials, reticent to increase their unit’s property tax or other tax rates, look to alternative revenue sources to support general government services and activities. One potential source of revenue is that generated from the fees and charges assessed on “customers” of a unit’s public enterprise services (such as water, sewer, solid waste, electric, natural gas, or stormwater services). This source of revenue may be particularly enticing to local officials if a substantial portion of the enterprise revenue is generated from non-resident customers (customers residing outside the local government’s territorial boundaries). But, may a local unit transfer the revenue earned from its public enterprise services to support its General Fund expenditures? The answer is maybe. It depends, in part, on the amount of revenue generated by the enterprise activity and the specific public enterprise service from which the revenue was derived. Read more »

“Approved as to Form”

I sometimes get questions about the ubiquitous “approved as to form,” which appears on official documents, signed by the local government attorney. Is this just typical boilerplate, or is it a legal requirement for a contract, ordinance, or other official document? And what exactly does it mean when the attorney approves something as to form? Read more »

Prequalification: Good, bad, or indifferent?

Your local government is planning a major construction project, and the engineering firm working with you on the project has strongly recommended prequalifying contractors before bidding.  The engineer tells you that this will ensure that the bids you receive are only from serious, qualified bidders, making the bidding process more efficient.  This sounds appealing to you, but since you’ve never done it before, you have some concerns.  First, do you have the legal authority to prequalify contractors?  And, if so, what criteria can you use?  And what are the benefits and drawbacks to prequalification? Read more »

Assessing Surcharges on Credit Card Payments

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

True or False — State law prohibits a local government or public authority from assessing surcharges on customers who remit payment of taxes, assessments, or fees by credit card, charge card, or debit card? Read more »