When can a flag be flown at half-staff?

After the death of Dale Earnhart, I received a phone call from a local government attorney asking whether it was permissible for the local government to fly its American and state flags at half-staff as a tribute to the NASCAR driver.  As we puzzled through the relevant statutes, the answer surprised me. Read more »

Postcards from Home Rule States

When it comes to local government authority in North Carolina, it’s a lot easier to say what we’re not than what we are. North Carolina is not a home rule state. We’re variously described as a “Dillon’s Rule” or “broad construction” state, but what we know is that we don’t have the broad delegation of authority over local matters that a majority of other states enjoy. Do they really enjoy it? An article summarizing recent litigation about red-light cameras suggests that it’s not always greener on the other side of the home rule fence. Read more »

Contracting Without a License? Beware.

You’ve just received bids on a construction project costing $50,000, and discovered that the lowest bidder is not a licensed general contractor.  When you bring this to the bidder’s attention, she tells you that she will be licensed by the time the project is scheduled to start.  Can you accept her bid? Read more »

Cyber-Sweepstakes Anyone?

UPDATE September 2013: In December 2012 in the case of Hest Technologies, Inc. v. State ex rel Perdue, the North Carolina Supreme Court upheld the constitutionality of the statute that makes it a criminal offense to conduct video sweepstakes games “through the use of an entertaining display.” (G.S. 14-306.4(b)). See here for an analysis of the implications of the case for local zoning authorities.

A converted storefront or convenience mart with computer terminals at tables or in booths arranged around the room. Someone at a desk or counter selling computer time. Customers enjoying games of “Wild Berries” on their screens. Is this the new face of video gaming in North Carolina? What are we up to and how has it developed?

Read more »

Local Governments, Public Authorities, and the Red Flags Rule: Does it Apply?

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

Jill Moore recently blogged about the applicability of the federal Red Flag Rules to local health departments and the appropriate responses by those departments to prevent or mitigate identity theft. As Jill mentioned in her post, the reach of the Red Flag Rules (at least potentially) extends beyond local health departments, though. To what other local programs or activities might the Rules apply? This post provides guidance to local officials in determining if, and under what circumstances, the Red Flag Rules apply to their unit or authority. Read more »

Voting by the mayor pro-tem

The mayor is on vacation and therefore the mayor pro tem is presiding at the regular council meeting.  The city is one in which the mayor votes only to break ties.  When a vote comes up, does the pro tem vote as if he or she is still a council member, or does he or she now vote only to break ties?  And if the pro tem does vote as a council member, and the result is a tie vote, can the pro tem now vote as mayor to break the tie? Read more »

Monuments in Parks: Government Speech, Not Forum Analysis

A recurring subject of First Amendment case law has to do with monuments in public parks. The latest opinion from the United States Supreme Court on this subject holds (unanimously) that the placement of a permanent monument in a public park is a form of government speech and is therefore not subject to scrutiny under the Free Speech Clause. Is this a major departure from prior holdings or a natural and obvious interpretation of the relevant constitutional provisions? Read more »