Five Legal Topics Elected Officials Should Know

Whether you are newly elected, an experienced incumbent, or someone appointed to fill a vacancy, it is important to understand the legal framework that shapes what a municipal governing board does. Below are five legal topics every elected official should know— remember, always check with your town attorney or the League’s Legal team with questions.

1. Know Your Authority: The Town Charter and Core Statutes
nderstanding the source of your town’s legal authority, and its limits, is essential. Your town’s charter establishes its name, form of government, governing board structure, and terms of office. A town may amend its charter without approval from the North Carolina General Assembly in limited situations¹.

Another source of authority is the North Carolina General Statutes. Two core statutes are important for elected officials: Chapter 160A (municipal governance and operations) and Chapter 160D (planning and land use). These statutes, along with your charter, are available at www.ncleg. gov.

2. Ethics and Conflicts of Interest
State law requires elected or appointed officials to complete at least two hours of ethics training within 12 months of taking office², and the League offers both on-demand and in-person ethics training through the Advancing Municipal Leaders program.

Every municipality must adopt a code of ethics, which should, at minimum, address an official’s duty to obey the law, uphold the integrity and independence of the office, avoid impropriety, faithfully perform official duties, and conduct public business openly³.

Board members have a duty to vote unless a conflict of interest exists⁴. Conflicts may exist when an official derives personal benefit from an official decision. Violating conflicts of interest rules can derail meetings, undermine the public’s trust, and in some cases, result in criminal penalties.

3. Open Meetings and Public Records
Transparency laws apply to official meetings of a majority of the board and to records made or received in the transaction of public business. The Open Meetings Law⁵ requires meetings to be open to the public, properly noticed, and documented through meeting minutes. Boards can enter closed sessions, but only for purposes authorized by statute⁶.

Officials should be cautious about simultaneous communications between a majority of the board, including emails and text messages sent to and from personal devices. If the messages involve public business, they may violate the Open Meetings Law and be subject to disclosure under the Public Records Law. Under the Public Records Law, the public has a right to inspect and obtain copies of public records, including paper and electronic records, recordings, films, videos, and photographs, unless a statutory exception applies.

4. Public Meetings and Meeting Procedures
It’s important to know the distinct types of public meetings.

• Regular meetings follow a set schedule with public notice.
• Special meetings can be called as needed but require at least 48 hours’ notice and are limited to the stated purpose of the meeting.
• Emergency meetings are reserved for unforeseen circumstances requiring immediate action and have reduced notice requirements, though notice should be provided as soon as practicable. 

A quorum is the minimum number of members who must be physically present to conduct official business⁷. The mayor serves as presiding officer and keeps order during the meeting, assuming that a quorum has been established.

Public hearings are typically limited to specific matters, such as budgets or zoning ordinances. In contrast, public comment periods allow broader feedback from the public on a wider range of issues. Boards may adopt reasonable time, place, and manner limits on public participation, but they must respect constitutional free speech rights.

5. Budget and Finances
The Local Government Budget and Fiscal Control Act⁸ governs municipal budgeting and financial administration; it requires each town to appoint a budget officer, adopt a balanced budget, meet statutory deadlines, follow generally accepted accounting principles, and undergo an independent annual audit.

Many resources exist to help local governments meet their financial obligations, including the Local Government Commission within the Office of State Treasurer, and the League’s Municipal Accounting Services and Accounting Instruction & Mentorship programs.

These five legal topics form the foundation of effective municipal governance. A commitment to seeking guidance from staff, counsel, and organizations like the League will help you serve your community and strengthen public trust in local government

1 See G.S. § 160A-101. 2 See G.S. § 160A-87. 3 See G.S. § 160A-86. 4 See G.S. § 160A-75. 5 Chapter 143, Article 33C of the North Carolina General Statutes. 6 See G.S. §143-318.11. 7 See G.S. §160A-74. 8 Chapter 159, Article 3 of the North Carolina General Statutes.