One Oath or Two? What is THE Oath of Office?

Article VI, Section 7 of the North Carolina Constitution instructs anyone elected or appointed to public office in this state to take and subscribe – that is, swear (or affirm) and sign – the oath prescribed therein before entering upon the duties of the office. A number of statutes echo this requirement. For example, G.S. 153A-26 and 160A-61 collectively direct all county and city officeholders to take and subscribe the constitutional oath. The oath is expressly required by several statutes pertaining to designated local government offices, including those of mayor and councilmember (G.S. 160A-68(b)), police chief and police officer (160A-284), tax assessor (105-295), and tax collector (105-349(g)).

General Statute 11-7 sets out another oath that, according to the statute, must be taken and subscribed by every person elected or appointed to public office in the state. Despite obvious similarities, the wording of the constitutional and statutory oaths is not identical. This blog post considers whether it is really necessary for incoming officeholders to swear and sign both oaths. It also offers a combined version of the two oaths that incoming officeholders could use. Read more »

Legislative Preview: Ideas from the Interim

This post is co-authored with Christine Wunsche, the Director of the School of Government’s Legislative Reporting Service.

Tomorrow, January 25, the North Carolina General Assembly returns to Raleigh to begin the business of the new biennium. Here at the School of Government, we are all waiting anxiously to see what bills will be filed in our respective areas of work. While Christine and I would rather not try to predict the topics that will be of interest this year, we can preview some of the bills that have already been drafted and ideas that have been recommended by oversight committees or study commissions. While there is no guarantee that these ideas will make it into actual legislation this session, these types of proposals often garner some interest because legislators and others have invested a significant amount of time in studying the issues involved and crafting solutions. If you want to get a jump start on just a few of the bills or committee recommendations that may surface this session, read on…

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The Governor’s Role in the Legislative Process

Today the North Carolina General Assembly (NCGA) convenes for the 2017-18 biennium.  With a Democrat as Governor and a strong Republican majority in the legislature, I have been reflecting on the dynamic that emerged when our state was in a similar situation in 2011-12.  During that session, Governor Beverly Perdue vetoed a record 19 bills and the legislature voted to override 11 of her vetoes. By comparison, the combined number of bills vetoed by other Governors is 16, and only 5 of those were overriden. Many will be waiting to see if the state experiences a comparable political “conversation” between the legislative and executive branches this coming session.

This blog post answers some frequently asked questions about the Governor’s authority to take action on legislation ratified by the legislature. It also includes details about subscribing to or renewing your subscription to the School’s Legislative Reporting Service and a link to a fantastic new online learning tool called “How to Read a Bill.”

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Property Taxes on Internet Sweepstakes

One of my favorite movies turns 30 this year.  I love “The Untouchables” because it’s loaded with big stars (Costner, Connery, DeNiro), teaches key life lessons (don’t bring a knife to a gun fight) and–most importantly from my geeky perspective–taxes play a prominent role in the plot.  In the movie as in real life, gangster boss Al Capone is eventually imprisoned not for smuggling, extortion, or murder, but for income tax evasion.

Why am I talking about Al Capone and his tax problems? Because internet sweepstakes parlors seem to be making a comeback in North Carolina. And the dubious legality of those businesses raises important questions about a local government’s authority to tax illegal activity. Read more »

Local Acts Relating to Health and Sanitation: Supreme Court Weighs in On Asheville and Boone Cases

Article VII, sec. 1 of the North Carolina Constitution gives the General Assembly almost unlimited power to create local governments, and to define, expand, and limit their authority. Does this power allow the legislature, by local act, to require the city of Asheville to transfer its water system to a newly formed water and sewer authority? The North Carolina Supreme Court has said it does not. Does it permit the legislature, by local act, to eliminate the town of Boone’s authority to exercise regulatory powers outside the town limits? The North Carolina Supreme Court has said it does. Both opinions involve interpretations of Article II, sec. 24(1)(a) of the North Carolina constitution, which prohibits local acts relating to health, sanitation, and the abatement of nuisances.

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2016 Disaster Recovery Relief – Special Session Legislative Update

During this week’s special legislative session called by gubernatorial proclamation, the General Assembly enacted legislation appropriating funds and authorizing programs to provide disaster relief to individuals, businesses, and local governments impacted by natural disasters that have stuck North Carolina this fall.  Beginning with Tropical Storm Hermine in early September, followed three weeks later by Tropical Storm Julia, and then with Hurricane Matthew striking just two weeks after that, eastern North Carolina was pummeled by winds, rain, and heavy flooding which in some areas equaled or exceeded that of Hurricane Floyd in 1999.  While the east was still watching flood waters subside, wildfires ravaged areas in the western part of our state.  Sixty-six counties were covered under a gubernatorial emergency declaration in Hurricane Matthew with 49 of those counties covered under a , and 47 counties were covered under a gubernatorial emergency declaration for the western wildfires.  In response to the devastating impact of these natural disasters, the General Assembly enacted the Disaster Recovery Act of 2016.  The act was approved unanimously by both the House and the Senate and signed by the Governor.  This post summarizes the appropriations and programs authorized under the act.

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Reshaping Suburban Spaces

There is no constant in community. Population ebbs and flows; market preferences shift; the economy fluctuates. Each community evolves. In many suburban places across North Carolina—indeed, across the U.S.—that evolution includes a move toward more density, more mixed uses, and more connected neighborhoods. Communities are grappling with questions about how these places will change. What is the local government’s role in this transition? How does a city or county encourage the redevelopment of suburban spaces? And what are the practical and political implications?

A new School of Government report, Reshaping Suburban Spaces, considers these questions and explores how communities across North Carolina are responding. Read more »