Publications for County Commissioners

Open Meetings and Local Governments in North Carolina details the provisions of North Carolina's open meetings law in a question-and-answer format and contains the text of the law. This edition includes new content regarding meetings, hearings, and public comment periods, as well as a quick reference guide to closed sessions and a list of statutorily required public hearings.

Intended for lawyers, members of local governing boards, local government administrators, reporters, citizens, and others who deal on a recurring basis with the state’s open meetings statute, the book covers the most commonly asked questions.

This publication is available in print and as an eBook. eBooks can be downloaded and read on your desktop, laptop, and/or a variety of mobile devices with an e-reader application. eBooks are only licensed for use by one individual and cannot be shared. For more information about ebooks, click here. To purchase the eBook version of this publication, click here.

This book reviews and explains the principal public records statutes applicable to records held by North Carolina local governments and examines the public’s right of access to those records. It expands the coverage of the first edition and its cumulative supplement and also includes developments in the law since 2004. Although the book focuses on records held by local governments, state government officials also will find it useful.

Preview the Table of Contents and Preface

Preview Chapter One: An Overview of Local Government

This reference book on North Carolina county and municipal government provides a comprehensive treatment of the legal foundations, organization, and the administration of the state’s counties and cities. This book describes the legal framework and common administrative practices that are currently in use and explains what counties and cities in North Carolina do, and how they do it.

County and Municipal Government in North Carolina is designed to meet the needs of elected and appointed county and city board members and the employees who, on a day-to-day basis, carry out the functions mandated and authorized for North Carolina local governments. It will also appeal to citizens, civic leaders, high school and college students, state employees, legislators, members of the media, and any others who need basic information about the legal authority and responsibilities of North Carolina counties and cities.

This publication is available in print, as an eBook, or Individual chapters (see chapter tab above). eBooks can be downloaded and read on your desktop, laptop, and/or a variety of mobile devices with an e-reader application. eBooks are only licensed for use by one individual and cannot be shared. For more information about ebooks, click here. To purchase the eBook version of this publication, click here.

Since this esteemed text was first published in 1997, the General Assembly of North Carolina has made important revisions to conflicts of interest law as well as enacted a law requiring local governments to adopt a code of ethics and local elected officials to receive ethics training and an ethics and lobbying law that, though intended for state officials, has important implications for local governments. This new edition of Ethics, Conflicts, and Offices greatly expands and updates the first version to reflect these significant changes in the law.

Also updated are discussions of ethics in public life, multiple and incompatible office-holding, and legal cases, and numerous sample codes of ethics that can be used as guides in drafting local codes of conduct.

"Ethics, Conflicts, and Offices: A Guide to Local Officials is a valuable and timely resource for new and experienced local government officials as they strive to comply with the letter and spirit of their ethical obligations. It provides a thoughtful, in-depth analysis of the philosophical, legal, and practical aspects of ethics in public life, and helpful guidance on key issues such as conflicts of interest, multiple office-holding, and drafting an ethics code."

Kimberly Hibbard
General Counsel
North Carolina League of Municipalities

"Fleming Bell has done it again. The second edition of Ethics, Conflicts, and Offices is important reading for public officials, government staff, and government attorneys. Bell writes clearly and engagingly and offers true-to-life scenarios about ethics challenges that may face government officials and staff. As a result, he draws readers into deeper reflection about the interplay of ethical principles and relationships. 

Whether you want deeper insight about core principles underlying 'public ethics' or a quick refresher on the evolution and current legal requirements relating to conflicts of interest, confidentiality, and dual office-holding, this is the book for you. I know I'll value it as part of my own library."

Judith Welch Wegner
Burton Craige Professor of Law and Dean emerita
The University of North Carolina School of Law

"We live in a time of intense scrutiny of the behavior of those in public service, and in a time of concerted efforts to restore trust between those who govern and those who are governed. For these reasons, it is particularly important that we attend to and try to understand the principles, standards, and ideals discussed in this book. All of us who serve in elective or appointed positions of public service, and those who contemplate such service, should be prepared to analyze these principles and their underlying premises."

James B. Blackburn
Legislative Counsel (Retired)
North Carolina Association of County Commissioners

Zoning is one of the most visible and important functions of local governments. Few issues will pack a hearing room more quickly than a controversial zoning case that may address questions such as:

• Should multifamily or commercial development be allowed on this site?
• Will this rezoning increase traffic congestion or lead to overcrowded schools?
• Is there any way we can protect this historic neighborhood or these natural resources if this development is approved?
• Will this zoning decision stifle economic development?
• What will this do to my property values?

Many critical zoning decisions such as these are made by citizens serving on government panels. These decisions can have a tremendous impact on landowners, their neighbors, and the future quality of an entire community. Introduction to Zoning and Development Regulation provides a clear, understandable explanation of zoning law for citizen board members and the public. It is an introduction for citizens new to these issues or a refresher for those who have been at the zoning business for some time. This is a useful overview of land use law that will be of interest to anyone interested in or affected by local zoning and development regulation.

This revised version replaces Introduction to Zoning, Third Edition, 2007, and all previous editions.

This publication is available in print and as an eBook. eBooks can be downloaded and read on your desktop, laptop, and/or a variety of mobile devices with an e-reader application. eBooks are only licensed for use by one individual and cannot be shared. For more information about ebooks, click here. To purchase the eBook version of this publication, click here.

Now in its fourth edition, this book provides boards of county commissioners with model procedural rules for their meetings. The model rules cover, among many other topics, the organizational meeting, pertinent requirements of the open meetings law, the role of the presiding officer, agenda preparation and approval, substantive and procedural motions, voting rules, ordinance adoption, public hearings, and public comment periods. Legal and practical issues are analyzed in the comments that follow each rule.

The fourth edition differs from prior editions in important ways. It incorporates significant statutory changes that have occurred since a revised version of the third edition was published in 2002. Both the rules themselves and the comments have undergone extensive modifications in an effort to make the book even more useful to county boards.

This book is a must for county commissioners, county managers, county clerks, and county attorneys. Anyone with a general interest in local government or parliamentary procedure will also want a copy.

This publication is available in print and as an eBook. eBooks can be downloaded and read on your desktop, laptop, and/or a variety of mobile devices with an e-reader application. eBooks are only licensed for use by one individual and cannot be shared. For more information about ebooks, click here. To purchase the eBook version of this publication, click here.

BONUS FEATURE:  The book contains information to help readers download a digital version of the book’s procedural rules that can be customized to fit a council’s specific needs.

The term strategic planning describes a process through which people first agree on a desired future and then organize their resources and efforts toward meeting those long-term goals. A strategic plan defines what you want to accomplish for your organization or community and provides a road map for moving forward and staying on track. The authors, as trainers and facilitators, have helped communities of all sizes and varying characteristics work through strategic planning processes. This book is their way of offering those potential benefits to others.

 This publication is available in print and as an eBook. eBooks can be downloaded and read on your desktop, laptop, and/or a variety of mobile devices with an e-reader application. eBooks are only licensed for use by one individual and cannot be shared. For more information about ebooks, click here. To purchase the eBook version of this publication, click here. 

Local government leaders face a variety of problems in doing the work of local government and must use different approaches and resources to act in the best interest of their communities. Some issues are difficult to solve, and their root causes are often obscure and can remain untreated. These persistent challenges are “wicked” problems, and they can threaten the vitality of communities. Local governments are well positioned to play a leading role in coordinating the efforts of businesses, nonprofits, citizen groups, and other governments to help maximize resources and take meaningful actions to tackle these issues. This guidebook aims to equip local government leaders with tools to develop new approaches for identifying, understanding, and addressing wicked problems.

See the Local Government Board Builders Series webpage for other books in the series and related School of Government publications.

This publication is available in print and as an eBook. eBooks can be downloaded and read on your desktop, laptop, and/or a variety of mobile devices with an e-reader application. eBooks are only licensed for use by one individual and cannot be shared. For more information about ebooks, click here. To purchase the eBook version of this publication, click here.

A guidebook in the Local Government Board Builders Series, this publication describes best practices and offers practical tips for productively evaluating the manager's and the governing board's performance. It provides examples of manager and board evaluation measures, rating scales, and formats along with suggestions for ongoing performance improvement. For those already doing manager or board performance evaluations, this guidebook offers suggestions that can strengthen an existing process. It may also be used as a step-by-step manual for developing a new performance evaluation process from the ground up.

See the Local Government Board Builders Series webpage for other books in the series and related School of Government publications.

"Are you satisfied with your manager? Is your board operating in the best way it can? Most people can answer yes or no to these questions. But can you quantify your answers? Do you have written expectations for the manager or board members? This book is an excellent resource for the essential task of evaluating the manager and the board."

Kevin Patterson
Manager, Scotland County

This publication is available in print and as an eBook. eBooks can be downloaded and read on your desktop, laptop, and/or a variety of mobile devices with an e-reader application. eBooks are only licensed for use by one individual and cannot be shared. For more information about ebooks, click here. To purchase the eBook version of this publication, click here. 

The adoption of a budget is one of the most important activities undertaken by local government officials each year. The budget serves as the elected board's primary opportunity to establish community priorities and as a tool for planning community services and programs, communicating priorities, and properly managing finances. The budget process, however, with its big numbers, multiple acronyms, and counterintuitive rules, can be confusing.

A book in the Local Government Board Builders series, this guide is intended to remove the mystery of the budget process and to equip North Carolina's city and county governing bodies with the tools they need to actively participate in the process.

See the Local Government Board Builders Series webpage for other books in the series and related School of Government publications.

"I am impressed with this guidebook on budgeting. It answered several questions I had as a newly elected commissioner, and it is a great reference for explaining the process on how to reach a budget ordinance."

Kitty Barnes
Chair
Catawba County Board of Commissioners

"This guidebook does a great job of providing context for local government budgeting. Each topic covered makes sense in the budget world, and the book will be helpful to those involved in local government budgeting."

Scott Fogleman
Budget Director
Town of Cary

What are the rights and duties of local elected officials relating to the listing, assessment, levy, and collection of property taxes? After reading this book, members of local governing boards should know what they must do, what they may do, and perhaps most importantly, what they cannot do with property taxes.

This guide, part of the Local Government Board Builders series, will help governing boards answer questions such as:

• How is the property tax rate determined?
• When can real property tax values be changed?
• What types of enforced collection remedies are available for property taxes?
• When can property taxes be waived?

Hiring a manager may be the most important decision a local governing board makes. To make sure the new manager will be a good fit for the organization, the board needs to agree on expectations for the new manager and design a process that will enable it to hire the best candidate for the job. This guide, part of the Local Government Board Builders series, provides local elected officials with an overview of their responsibilities in hiring a public manager and outlines the essential steps in a successful hiring process. 

See the Local Government Board Builders Series webpage for other books in the series and related School of Government publications.

"I believe this publication would be an extremely valuable resource for municipalities that are in the process of hiring a manager. Not only can it offer officials immediate detailed instruction and guidance in the process of developing the profile, assessing, and hiring the best candidate, but it is as close as their fingertips for follow up review and future use."

Hartwell Wright
Human Resources Consultant
North Carolina League of Municipalities 

"Vaughn M. Upshaw, John A. Rible IV, and Carl W. Stenberg's Hiring a Manager is an excellent resource ... it raises key points that both boards and managers should consider in the hiring process. This publication can increase the likelihood of the fit right for both the board and the new manager."

Michael McLaurin
Town Manager
Town of Waxhaw

Although city and county elected officials frequently hear from their constituents, officials and citizens often do not fully understand how public participation occurs and how it informs decision making by municipal and county boards.

This book, part of the Local Government Board Builders series, offers ideas for engaging the public, assesses the strengths and weaknesses of a variety of participation mechanisms, and provides guidance for better public outreach. It also discusses ways of developing long-term community participation. 

See the Local Government Board Builders Series webpage for other books in the series and related School of Government publications. 

This publication is available in print and as an eBook. eBooks can be downloaded and read on your desktop, laptop, and/or a variety of mobile devices with an e-reader application. eBooks are only licensed for use by one individual and cannot be shared. For more information about ebooks, click here. To purchase the eBook version of this publication, click here. 

"This guide contains useful and practical information advising elected officials to encourage public participation at board meetings. Getting buy-in from the majority of the public is essential to the democratic process. Citizen interaction with public boards is not only required by law but is key for building successful relationships between citizens and their governing board. The book provides good suggestions that will help boards create opportunities for every citizen, including youth and the elderly, to engage in public debate about all issues, not just the controversial ones."

Rodney L. Locks 
Council Member 
City of Brevard

Local governments often use appointed policy boards or citizen advisory committees (CACs) to engage people in the democratic process. These boards may be established to respond to community-generated issues, including identifying priorities, considering and recommending actions, and evaluating outcomes. Even though these bodies are used widely, developing and integrating their work into the governmental process remains challenging for many local governments. 

Part of the Local Government Board Builders series, this new book and accompanying electronic files provide practical guidelines for local elected officials responsible for establishing policy boards and advisory committees. The book includes tips on evaluating costs/benefits of CACs, worksheets for assessing whether or not to establish a CAC, and options for creating a model policy. 

See the Local Government Board Builders Series homepage for other books in the series and related School of Government publications.

"The questions and tips in this book provide a comprehensive framework for assessing the benefits, costs, and challenges of advisory boards. The book will be useful to local governments when creating new advisory boards, and helpful in ensuring boards' continued effectiveness as they adapt to changing conditions and priorities."

Bernadette Pelissier
Vice-Chair
Orange County Board of Commissioners

"Advisory committees are the core organizational tool by which local government filters and incepts ideas, policies, rules, and practical decision making. These volunteer citizen groups represent the true essence of how government works and are an integral part of our democracy. This book covers the purpose of citizen advisory committees (CACs) along with helpful tips on creating a positive, healthy relationship between these boards and local elected officials and their staff. It provides an in-depth perspective and includes questions that practitioners and local elected officials should consider when creating new CACs or analyzing existing boards. Dr. Upshaw has proffered a simple yet detailed approach for organizing and empowering citizen groups in the democratic process."

Lloyd Wm. Payne, Jr., ICMA-CM
Town Manager
Town of Elkin

 

This publication is available in print and as an eBook. eBooks can be downloaded and read on your desktop, laptop, and/or a variety of mobile devices with an e-reader application. eBooks are only licensed for use by one individual and cannot be shared. For more information about ebooks, click here. To purchase the eBook version of this publication, click here.

In 2009, the North Carolina General Assembly passed a law requiring all North Carolina cities, counties, local boards of education, unified governments, sanitary districts, and consolidated city-counties to adopt a resolution or policy containing a code of ethics to guide actions by the governing board members in the performance of their official duties as members of that governing board. Each governing board must adopt its resolution or policy by January 1, 2011.

This guidebook, the second title in the Local Government Board Builders Series, is intended to help local elected boards and their staffs develop codes of ethics that meet the requirements of this statute. It includes a Model Code with optional provisions, as well as commentary and discussion questions that boards are encouraged to use in developing and interpreting their own codes. The book is designed to be clear and unambiguous, simple, and easy to read and use.

A PDF version of this publication is available for purchase at this link.

See the Local Government Board Builders Series webpage for other books in the series and related School of Government publications.