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1/2/2017
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County Government 101Essentials of County Government
Amy Bason, NCACC
Kara Millonzi, UNC‐CH School of Government
Winter 2017
NC Local Government Structure and Powers
Mandated and Authorized County Functions
County Government Structure
Shared Responsibility
Open Government
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NC Government Structure and Powers
NC GovernmentsStructure Powers
CitiesCounties Special Purpose Local Governments
General Assembly
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Can the County do
it?
General
Statutes
Local Acts of the
Legislature
Judicial Interpretations
State Agency Regulations
Federal / State
Preemption
What statute says I can’t do that?
What statute/local act says I can do that?
Are there any judicial interpretations of the statute/local act?
Are there any state agency requirements or limitations?
Are there any pre‐emption issues?
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Your relationship with the state legislature is important
Local Delegation
NC Association of County
Commissioners
Authorized / Mandated Functions
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Elections Register of Deeds Sheriff Courts Public Health Social Services Mental Health Medical Examiner Community
Colleges EMS Emergency Management Public Schools Property Assessment Building Code Enforcement
Jails
Building Code Inspection
Mandated County
Functions
Optional County
Functions
Optional Municipal Functions
Mandated Municipal Functions
Juvenile Detention Soil and Water Conservation Cooperative Extension County Home
Libraries Solid Waste Public Transportation Hospitals EMS Airports Sewer Ambulance Fire/Rescue Water Parking
Hospitals Regulatory Powers Parks and Recreation Stormwater Watershed Drainage Public Housing
Community & Economic Development Land Regulation Parking
Streets
Sidewalks Street Lighting Cable/Broadband Police Electric Natural Gas Police Cemeteries Downtown
Development/Redevelopment
County Government Structure
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NC County Government Structure
Voters
Soil & WaterConservation Supervisor
SheriffRegister of Deeds
County Commissioners
Local Board of Elections
State Board of Elections
Board of Adjustment and Planning Board
ABC Board
County Attorney
Clerk
Public Health
Social Services
Board of Equalization & Review
Tax Collector
Tax Assessor
State Governor
Area Authority for MH/DD/SA
Local School Board
State Legislature
County Departments
Community College
Board of Trustees
Manager
State Court System
Human Services Board(s)
What is “Your” Role?
Fund mandated functions
Share power and authority over mandated functions
Determine which discretionary functions to fund/provide
Work with private sector and other government entities to address local and regional issues
Adopt regulatory policies
“Your” = County Board of Commissioners
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Shared Responsibility
Major State‐Mandated Functions
Policy‐Setting Authority
Funding Authority / Responsibility
Control Over Personnel
Law Enforcement State, Sheriff, County Board County Board Sheriff (but County Board sets number of personnel and compensation)
Register of Deeds State, County Board County Board Register of Deeds (but County Board sets number of personnel and compensation)
Public Schools State, Local Board of Education
State, County Board Local Board of Education
Public Health State, Local Public Health Board/County Board
State, County Board Local Public Health Board/County Board
Mental Health State, Regional Mental Health Board
State, County Board Area Mental Health AuthorityBoard
Social Services State, Local Social Services Board/County Board
State, County Board Local Social Services Board/County Board
Elections State, Local Board of Elections State, County Board Local Board of Elections (but county board sets total salary amount)
Community Colleges
State, Community College Board
State, County Board Community College Board
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County Commissioners vs.
Group A Group B
Sheriff Local Board of Elections
Open Government
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Open Meetings
Must provide Public Notice and Access to Official Meetings of Public
Bodies
What is a public body?
Any governmental body that has 2 or more members and exercises one or more of the following functions:
• Legislative
• Policy‐making
• Quasi‐judicial
• Administrative
• advisory
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Is it a public body?
A 5‐member board of county commissioners.
A 7‐member board of county commissioners.
A 3‐member audit committee, comprised of county commissioners
1 commissioner serves as liaison to public works department
What is an official meeting?
Majority of members of the public body
Gather together in person or electronically;
And do one or more of the following:
• Conduct a hearing
• Deliberate (receive info, discuss issue)
• Vote on public business
• Otherwise transact the public business
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Is it an official meeting?
Two of a three‐member committee discuss committee work by phone.
Majority of board members attend political party social event.
Manager e‐mails board members—majority “reply all” to discuss issue by e‐mail.
Majority of board members text each other during regular board meeting about where to meet for dinner after the meeting
Majority of board members attend School of Government training.
Notice & Access Requirements
Notice Regular Meeting
• File schedule with clerk; post on website
Special Meeting
• 48 hour notice to those who request it; post on bulletin board or meeting room door; post on website
Emergency Meeting
• Notice to news media; same manner as board
Recessed Meeting
• Post on website
Access Must provide reasonable public access to all officials meetings of public body
• Except for closed session portion
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When can board hold closed session?
Preserve confidentiality of records
Preserve attorney client privilege
Discuss economic development incentives
Discuss bargaining position for property acquisition
Consider performance, qualifications, appointment of public employees and officers (not board members)
Matters involving alleged criminal misconduct
A Public Record is….
a record that is made or received in connection with
public business.
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Rule of Thumb
Everything document, fax, email, text message, facebook post, tweet,
instagram, etc. related to your duties as a
commissioner is a public record!
Location is Irrelevant
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Is this a public record?
E‐mail from manager to board chair member attaching draft agenda for next meeting, sent to board member’s personal G‐mail e‐mail account.
Is this a public record?
E‐mail from council member to “significant other” about dinner plans for evening, sent from council member’s government e‐mail account.
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Is this a public record?
Text message from board member to another board member informing board member of change in meeting room number.
Is this a public record?
Telephone call between a commissioner and the county manager to talk about the agenda for an upcoming board meeting.
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If something is a public record, then what?
Retention Requirements
• Must save/preserve a public record according to record retention schedules
• Record retention schedules are based on substantive content of the public record
Public Access Requirements
• Public has a right to inspect record and a right to copy record unless there is a specific statutory exception /exemption
Citizen: u and wife want to meet us for dinner at 6 2moro?
Mayor: same place as last Fri? scallops were delish
Citizen: yeah. btw–Y potholes on Jones St. not fixed yet? ruining my car shocks. mayoerpromised theyd be fixed 6 mnths ago. As usual LOPSOD
Mayor: BMY publ. werks crew painfully slow. will direct to fix asap
Citizen: Thx. it’s doog to know peeps in high paces :-}
Mayor: had 2 pull rank. crew will get there early next week at latest.. ITMT take Smith st.
Citizen: YTM. where/when is next council mtg?
Mayor: in 3 weeks. moved 2 library mtg. room. 7pm. CU 2moro
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Public Records in a Nutshell
Every record created or received by any employee, official, or agent of the county is a public record
County must keep/retain public records in accordance with schedule published by Dept. of Archives
Anyone has a right to inspect an existing public record, unless there is a statutory exemption
Anyone has a right to obtain a copy of an existing public record, unless there is a statutory exemption
The costs of complying with public record requests generally are borne by county
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