Essentials of County Government Amy Bason, NCACC Kara Millonzi, UNC CH School of Government Winter 2017

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1 County Government 101 Essentials 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 1

2 NC Government Structure and Powers NC Governments Structure Powers General Assembly Counties Cities Special Purpose Local Governments 2

3 Local Acts of the Legislature Judicial Interpretations State Agency Regulations General Statutes Can the County do it? 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? 3

4 Your relationship with the state legislature is important Local Delegation NC Association of County Commissioners Authorized / Mandated Functions 4

5 Mandated County Functions Optional County Functions Optional Municipal Functions Mandated Municipal Functions 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 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 Building Code Inspection County Government Structure 5

6 NC County Government Structure Voters State Court System State Governor State Legislature Soil & Water Sheriff Conservation Supervisor Register of Deeds County Commissioners Local School Board Community College Board of Trustees State Board of Elections Area Authority for MH/DD/SA ABC Board Board of Adjustment and Planning Board Clerk County Attorney Manager Tax Assessor Tax Collector Board of Equalization & Review Human Services Board(s) Local Board of Elections County Departments Social Services Public Health 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 6

7 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 Authority Board 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 7

8 County Commissioners vs. Group A Group B Sheriff Local Board of Elections Open Government 8

9 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 9

10 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 10

11 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 11

12 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. arecordthat is made or received in connection with public business. 12

13 Rule of Thumb Everything document, fax, , text message, facebook post, tweet, instagram, etc. related to your duties as a commissioner is a public record! Location is Irrelevant 13

14 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. 14

15 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. 15

16 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: Mayor: Citizen: Mayor: Citizen: Mayor: Citizen: Mayor: u and wife want to meet us for dinner at 62moro? same place as last Fri? scallops were delish yeah. btw Y potholes on Jones St. not fixed yet? ruining my car shocks. mayoer promised theyd be fixed 6 mnths ago. As usual LOPSOD BMY publ. werks crew painfully slow. will direct to fix asap Thx. it s doog to know peeps in high paces :-} had 2 pull rank. crew will get there early next week at latest.. ITMT take Smith st. YTM. where/when is next council mtg? in 3 weeks. moved 2 library mtg. room. 7pm. CU 2moro 16

17 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 17

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