ORIENTATION FOR NEW CITY AND COUNTY MANAGERS
Public Employees
Employment by local government is governed by state and federal law. See the following articles from the School of Government’s publication, County and Municipal Government in North Carolina.
Article 12: Civil Liability of the Local Government and Its Officials and Employees
This article uses the term public servants to refer to all the people who do the local government’s work, including elected members of the governing board and members of appointed boards and staff. At times, however, it distinguishes employees from officials, and elected officials from other municipal workers. This article deals with two basic areas of liability: tort liability under North Carolina law and liability under federal law for violations of the Civil Rights Act of 18711 (often called Section 1983, which refers to its location in the United States Code). These two kinds of claims are the most common ones brought against public servants and their employers. As covered in this chapter, the state and federal rules governing these claims determine whether a local government and its public servants may be required to pay damages to someone harmed by official action. Some overlap between the two sets of rules means that certain official actions may violate both of them and make the local government and its public servants potentially liable under state and federal law. (However, the person who brings the lawsuit may be compensated only once for the injuries.)
The discussion that follows is an introduction to a complex subject. The many twists and turns in this area of the law cannot be and are not fully described here. Furthermore, this is a particularly dynamic area of law. In 2006, cases pending before the North Carolina courts, and the recent replacement of two justices of the United States Supreme Court, may mean important changes in the law described herein. Finally, there is a universe of both state and federal claims that this chapter cannot begin to address: environmental claims, tax claims, a variety of other civil rights claims, and contract claims, to mention a few. These rules may also create liability for local governments and their public servants.
Article 19: Public Employment Law
The municipal and county employment relationship in North Carolina is a function of the North Carolina General Statutes, federal statutes, the United States Constitution, the North Carolina Constitution, decisions of state and federal courts, and the personnel ordinances and policies adopted by the cities and counties themselves. Public personnel administration encompasses everything concerned with the human resources of city and county government, including classification of positions, recruitment and selection of employees, performance evaluation, pay-and-benefits administration, and discipline.
|
