Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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137 results
for "Local Government Law Bulletin"
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8792
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The North Carolina General Assembly passed several new laws affecting animal control services provided by local governments. Wall summarizes the laws, which include state regulation of animal shelters, state regulation of petting zoos, and criminal penalties for cock fighting, and their potential impact on local government animal control programs.
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6724
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Brown-Graham discusses the history and law relating to public funding for faith-based organizations and suggests measures local governments can take to (1) set and enforce standards for public services delivered by sectarian groups and to (2) ensure that public funds are not being used for religious proselytizatio or to (3) subsidize employment discrimination based on religious affiliation.
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Record #:
6958
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Cox examines two existing statutes local governments could use in regulating ownership of pit bull dogs instead of creating their own legislation. Case law regarding pit bulls in other states is examined to determine any application for North Carolina local governments that seek to enact laws targeting pit bulls.\r\n\r\n
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20580
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Public contracts are subject to competitive bidding requirements for a number of reasons. One is to secure goods that are at competitive (low) prices, and another is to provide a contracting process that is open and visible to the public. This bulletin discusses the legal standard for determining when bids are responsive and summarizes rulings in cases evaluating a variety of commonly encountered bid irregularities.
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20581
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This bulletin presents a broad review of questions that arise under the authorization for closed sessions, which has been the subject of four court of appeals decisions in recent years and undertakes a detailed consideration of the authorization, both to review the recent decisions and to discuss other aspects of the statutory language.
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20582
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ThisbBulletin discusses a Court of Appeals decision, August 6, 2002, Boney Publishers, Inc. v. Burlington City Council, which addresses the purchase of real property and the circumstances in which the name of the landowner, the location of the property, and the city's proposed use of the property are not material terms of a contract to acquire property. Consequently the local government is obliged to disclose those facts in open session.
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Record #:
28744
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This bulletin discusses public bodies holding closed sessions including the attorney-client privilege between the public body and its lawyer, and how the privilege does not apply to all conversations between attorneys and their clients. Attorney-client confidentiality is examined in a 2000 case, Multimedia Publishing of North Carolina v. Henderson County (Multimedia I).
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Record #:
5166
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If a member of a local governing board (city council or county board of commissioners) becomes disruptive during a meeting, or embarrasses the board in some way outside a meeting, how may a board deal with that member? Removal from the meeting and censure are possible choices. Blum discusses the constitutional and statutory issues surrounding a board's disciplinary actions.
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Record #:
5178
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Over the past decade, many persons who are limited-English-proficient(LEP) have moved to North Carolina. Moore discusses the legal basis for requiring health and social service agencies to provide language assistance in dealing with LEP clients. Next, she discusses how the Office of Civil Rights will enforce this and closes with a model plan for compliance.
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5179
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Submitting a public bid to a local government requires time and money. Sometimes a losing bidder may feel that the process \"was legally flawed.\" Bluestein discusses how a disappointed bidder may file a claim and what methods of defense are available to local governments.
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Record #:
4580
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In a February 2000 ruling, the North Carolina Court of Appeals ruled that a public body may meet with its attorney in closed session even when there is no pending suit against the public body. It can meet to discuss any legitimate matter within the attorney-client privilege. Lawrence reviews the court's decision and suggests practical implications.
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Record #:
4901
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For years lawyers have run for elected office on the national, state, and local levels. Thornton discusses ethical and statutory questions lawyers should consider in seeking local offices, such as town or city councils. Among them are could the lawyer's firm represent the city if he is on the city council and could the lawyer be a council member and also be the city's lawyer.
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Record #:
20577
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In Multi-Media Publishing of North Carolina, Inc. v. Henderson County, decided on February 15, 2000, the NC Court of Appeals explored the contours of the open meetings law provision that allows a public body to hold a closed session to \"consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body.\"
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Record #:
20578
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This bulletin explores the tension between North Carolina's Open Meetings Act and the desire for confidentiality in mediation hearings addressing public disputes. It analyzes the rules and policies of the open meetings law and compares it to North Carolina's current laws concerning confidentiality in mediation. It uses a hypothetical case to attempt to answer some questions about private mediation between public bodies.
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Record #:
20579
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This bulletin discusses a U.S. Court of Appeals case that struck down previous cases that upheld against Commerce Clause challenges various local government arrangements that required municipal solid waste to be collected by a single hauler or disposed of in a designated facility. In Huish Detergents, Inc. v. Warren County the Court of Appeals for the Sixth Circuit decided such an arrangement imposed a flow control regime contrary to C&A Carbone, Inc. v. Town of Clarkstown. This case, along with others that preceded it, offers some useful lessons to local governments in how not to structure exclusive hauling and disposal arrangements.
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