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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19757
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This bulletin is an updated version of two earlier bulletins by A. Fleming Bell, II, and Norma Houston: \"2006-2009 State Ethics and Lobbying Reform Statutes,\" No. 122, and \"2006-2010: State Ethics and Lobbying Reform Statutes,\" No. 123. The bulletin reflects the current state of the law through the 2012 session.
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19783
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This bulletin focuses on two aspects of HUB [Historically Underutilized Businesses] participation in local government contracting: Part I outlines the statutory requirements under the North Carolina law for HUB participation in public construction and repair projects, while Part II examines the constitutional limitations placed on such programs by federal court jurisprudence.
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19784
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Several methods are available to cities and counties when enforcing their ordinances. Criminal enforcement is one, with the punishment usually being the payment of a fine. Another method is civil enforcement through an action in the nature of a debt, with the punishment being the payment of a penalty. This bulletin explores the differences that can result because a city or county decides to enforce a particular ordinance through one or the other method of enforcement.
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20518
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This bulletin discusses on-street and off-street legal issues that have arisen since the early 1950s, including enforcement of parking regulations by both criminal remedies and civil penalties; adoption, by ordinance, of evidentiary rules to be used in enforcement actions; towing--when it is permitted and under what procedures; and the use of towing and criminal remedies in publicly owned off-street lots. It also questions whether earlier cases should be accorded the full weight of precedent.
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20520
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This bulletin discusses the authority of North Carolina local governments to license and regulate the conduct of businesses and occupations and the statutory and constitutional limitations on the exercise of that authority.
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20521
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Concern over drug abuse has led to a move toward testing of employees in both public and private sectors. This bulletin examines one key legal issue--the Fourth Amendment questions involved when a state, city, or county government undertakes to test its employees for drug use.
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20522
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G.S. 160A-195uthorizes cities to regulate the speed of trains within city limits. This bulletin discusses two recent federal district court cases that strongly suggest that this authority may now have been preempted by regulations of the Federal Railroad Administration. It also suggests ways that cities that wish to keep their regulations may appeal the court decisions.
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20523
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Some people smoke in the workplace; others don't. Some employers allow it--others restrict it. Evidence suggests that both groups are harmed by the smoke to some extent. This bulletin reviews existing law on this subject from North Carolina and elsewhere, weighs possible areas of future liability, and concludes that the prudent employer may now wish to consider some restrictions.
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Record #:
20524
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In a two month period the North Carolina Supreme Court make two of its most important zoning decisions. This bulletin discusses those decisions.
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Record #:
20525
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Two significant developments concerning drugs in the workplace occurred recently. On March 18, 1989, the Drug-Free Workplace Act of 1988 went into effect. On March 21, 1989, the US Supreme Court handed down its first rulings on the constitutionality of drug testing in the public sector. This bulletin summarizes the new law and the Supreme Court rulings, and offers some advice to local government employees in complying with their requirements.
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20526
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On January 23, 1989, the US Supreme Court decided City of Richmond v. J.A. Croson Co., a case with major implications for local governments that want to encourage the use of minority contractors in public procurement and construction and repair projects. This bulletin examines the decisions and discusses some of the effects that the rules announced in the case may have on North Carolina local governments.
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Record #:
20527
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This bulletin discusses the extent to which county and city enacted comprehensive ordinances dealing with the management of hazardous and low-level radioactive waste are preempted by North Carolina statutes and regulatory programs for the management of such waste.
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Record #:
20528
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This bulletin summarizes Rutan v. Republican Party of Illinois, and its implications for local governments in North Carolina. This U.S. Supreme Court case held that any employment action-promotion, transfer, recall, hiring, as well as firing-violates the freedom of association and speech guaranteed by the First Amendment if it is based on political party affiliation except where party affiliation can be shown to support vital government interest.
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Record #:
20536
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A public employee may be designated exempt from the Fair Labor Standards Act (FLSA) if he or she is a salaried executive, administrator, or professional. Three federal circuit courts have recently rendered different opinions on whether an employee is truly salaried if an employer makes deductions for less than one day's absence. This bulletin discusses the three recent decisions and offers guidance to local governments on how best to comply with the FLSA.
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Record #:
20537
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This bulletin discusses two U.S. Supreme Court cases in which it strongly reaffirmed two major holdings of a 1978 decision: first, waste materials are articles of commerce within the scope of the Constitution's commerce clause; and second, a state or local government may not exclude waste generated in another state from privately owned disposal facilities by imposing restrictions or discriminatory taxes on out-of-unit waste.
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