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League Bulletin

February 26, 2021

The Weekly Recap
WHAT HAPPENED: Quite a stride. While recent weeks have been at a generally casual pace at the General Assembly, this week saw lots of legislative action and attention on part of our Government Affairs team to proposals in circulation. That includes negotiations we've had on bills in the legislative workshop, yet to be filed, for the best possible outcomes. 

WHAT IT MEANS: In this Bulletin, we point to measures on the table related to property tax deferral and revaluation, so-called “sanctuary cities," and whistleblower policy at the municipal level. 

ON TAP: The 2021 session is bubbling. Lawmakers have been studying the state budget and various other issues in the purview of their policy committees, which held numerous informational meetings this week and have plenty ahead as bill filing and vetting continues. The activity calendar at http://www.ncleg.gov/ reveals what's coming. And, of course, we have a big event just around the bend -- the Town & State Social, March 3 at 5 p.m., bringing together (in virtual fashion) our municipal leaders and state legislators for goodwill connections and discussions of issues. Hundreds of city and town officials have registered! Be sure to check in with your House and Senate members about their attendance. 

THE SKINNY: We started off by pointing out how busy this week has been -- and there's more. In this Bulletin we also cover how delayed 2020 Census data has thrown a monkey wrench into municipal elections; why League President Jennifer Robinson contacted the White House; and what our members need to know about our NCLM Board of Directors nominations.

Hundreds Registered for Town & State Social
​On March 3, join us for the Town and State Social: A Virtual Town Hall Connecting Legislators and Local Leaders. This event is a great opportunity for our lawmakers to hold town halls with municipal leaders from their districts. And with hundreds of municipal officials already registered, you can be certain that you will be provided valuable time with a valuable audience.

Share updates about the ongoing session, discuss critical issues and interact with local officials, or just catch up with each other, all from the comfort of your home. We've designed the night to be as convenient as possible. All you need to do is be there -- virtually, of course. We will take care of the rest, setting up the meeting rooms and doing the organizing so that local officials from back home will be there to connect with you. We hope you will join in as a part of the Town & State Social and this engaging virtual town hall format.

To get your virtual meeting space with your constituents set up and ready to go, just contact NCLM's Karen Waddell at kwaddell@marianneangelirodriguez.com or 919-715-0950.

Again, the date and time is March 3 at 5 p.m. We hope to see you there!   

Hundreds Registered for Town & State Social
​On March 3, join us for the Town and State Social: A Virtual Town Hall Connecting Legislators and Local Leaders. This event is a great opportunity for our lawmakers to hold town halls with municipal leaders from their districts. And with hundreds of municipal officials already registered, you can be certain that you will be provided valuable time with a valuable audience.

Share updates about the ongoing session, discuss critical issues and interact with local officials, or just catch up with each other, all from the comfort of your home. We've designed the night to be as convenient as possible. All you need to do is be there -- virtually, of course. We will take care of the rest, setting up the meeting rooms and doing the organizing so that local officials from back home will be there to connect with you. We hope you will join in as a part of the Town & State Social and this engaging virtual town hall format.

To get your virtual meeting space with your constituents set up and ready to go, just contact NCLM's Karen Waddell at kwaddell@marianneangelirodriguez.com or 919-715-0950.

Again, the date and time is March 3 at 5 p.m. We hope to see you there!

President Robinson to White House: Broadband is Critical Infrastructure
League President Jennifer Robinson of the Cary Town Council has urged the White House to do all in its power to improve broadband access in the United States, noting in a letter to President Joe Biden that the pandemic has “laid bare" how serious the need is. “In North Carolina," she wrote, “we have seen school children and their parents struggle for access to online learning, workers met with unreliable connections to perform job tasks from home, and business owners' strain to connect with customers and vendors."

As such, “broadband is no longer a luxury," President Robinson said, adding the issue affects rural and urban residents alike. Many areas are unserved or underserved; in some areas with broadband access, improvements are needed to keep up. 

“As you consider this issue and its effects across the United States, we urge you and your designees on the Federal Communications Commission to consider the longstanding inadequacies in FCC mapping of broadband availability, and how these maps allow internet providers to claim service that simply does not exist," President Robinson told the White House. “This mapping has the effect of understating the need for better access and allows incumbent providers to hide their failures in meeting the needs." 

The League's podcast, Municipal Equation, explained the FCC broadband mapping issue in a 2018 episode and, likewise, has for years pressed for state law changes that would allow local governments to assist in the provision of superfast internet. 

“To meet the communications challenges of the 21st century, we must use all tools in our reach," said President Robinson in her letter. “Roadblocks at the federal or state level that prevent that kind of approach need to be cleared for all Americans to reach their potential." 

Last Friday, League Chief Legislative Counsel Erin Wynia appeared on a national podcast explaining clearly the need in North Carolina and suggesting solutions.​

Census Data Delay Throws Municipal Elections Calendar Into Doubt
​Delays in receiving Census data—key information required for redistricting—threw the municipal elections calendar into doubt and prompted the state’s elections board to recommend Wednesday that all municipal elections be moved to 2022. The issue, explored this week in an Advancing Advocacy educational session held by the League (video replay here), became more acute with the recent announcement by the U.S. Census Bureau that redistricting data would not be available until Sept. 30. Receiving data this late in the year will not allow time for the cities that must redistrict to complete that process and hold elections this fall as planned. Around four dozen municipal boards use “true electoral districts” and are constitutionally required to redistrict when their districts’ populations become unbalanced following a census.

The elections calendar complications in those municipalities, however, could sweep up other municipal races on the ballot this fall. To that end, a recommendation made this week by the executive director of the State Board of Elections would—if enacted by the N.C. General Assembly—move all municipal elections to 2022, whether or not they were required to redistrict. Cities and towns oppose such a one-size-fits-all recommendation, and several members of the state elections board, as well as some legislators, voiced concerns. Consideration of voter interest and election fairness should be the highest priority in determining how best to address the effects of census data delays on local elections. 

It is likely that the legislature will act to alter the elections calendar for at least those cities that use “true electoral districts." At the same time, and for the same reasons related to Census data delays, the legislature will likely have a need to push back its own elections calendar, which currently has the filing period beginning in December for races on the ballot in 2022. We encourage city officials to read this background brief and speak with their own legislators about the issue as well.

Anti-Retaliation Bill, Opposed by League, Gets Favorable Report in House Committee
​A bill that mandates all cities and towns pass ordinances to establish an anti-retaliation employment policy passed a House committee despite opposition from the League. A new version of HB 7 Protect City Employees from Retaliation, promoted by the Police Benevolent Association, leaves uncertain the status of existing anti-retaliation policies previously adopted by some cities and applies the policies to city council members as well as city staff.

NCLM Counsel for Legislative Affairs Leo John spoke in opposition to the bill in the House Local Government Committee meeting Tuesday. The bill, versions of which have previously passed in the House, mandates that city employees be encouraged to report fraud, gross mismanagement or violations of any state, federal and local laws. Among the concerns raised by city officials are that it would end up protecting “bad apple" employees. City officials also worry it could create litigation costs resulting from employees' claims authorized by the bill, and that it impedes the authority of cities to set their own policies.

In this week's committee discussion, some legislators questioned whether the bill would have the effect of hurting small cities and whether the language of the bill was too broad as to who could claim an “intent" to report a violation. After a debate, committee members supported a motion to allow the bill to proceed.

Bill Roundup: Measure Would Affect City, Town Property Tax Revenue
​House Bill 119 Property Tax Relief for COVID Affected Businesses was filed late last week and would affect property tax revenue of municipalities, creating tremendous budget uncertainty. This bill aims to provide relief to businesses impacted by COVID-19 through property tax deferments and changes in property tax assessment. Specifically, the bill mandates a qualifying owner of property be granted a deferment on enforced collections from property tax liability for the time period running from March-December 2020, allows qualifying property owners to enter into a payment plan for the property taxes owed on the affected property, and directs the assessor of property to recognize the effect of COVID-19 relief efforts for purposes of determining the value of property. The legislation not only causes revenue uncertainty for local governments, but it creates an inefficient approach to help struggling businesses, as the processes that it would require will take months. We have created an information sheet for our members to use in sharing their concerns with legislators.

In other bill updates:

  • HB 62 Gov. Immigration Compliance/Enjoin Ordinances. Heard in the House Judiciary Committee this week for discussion only, no votes taken. The bill would authorize injunctive relief against cities and counties that adopt sanctuary policies, ordinances, or procedures in violation of State law. State law prohibits local governments from having a policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. In committee, Rose Vaughn Williams, NCLM Associate Executive Director of Public and Government Affairs, explained that there are no cities in violation of the existing sanctuary prohibitions, and that the bill would cost cities time, staff resources, and citizens' tax dollars through having to defend baseless claims in court with little chance of actually recovering attorneys' fees.
SB 31 Political Subdivisions/Local Bidders Notice. Legislators incorporated League-negotiated changes into this bill as it cleared the Senate on Tuesday. Most importantly, thanks to the support of bill sponsor Sen. Todd Johnson, the changes preserved distinctions in current law between lower-dollar “informal" bids and higher-cost “formal" bids. The bill now moves to the House for its consideration.

Board of Directors 2021-2022 Nomination Period Now Open

​The League's Nominating Committee recently released its Nominating and Election Process Memo and, as part of that push, opened the nomination period for candidates for next year's Board of Directors. Members have until March 31 to submit candidate interest forms online. Then, the Nominating Committee will consider all nominations and put forward its final candidate slate no later than April 9. Members will submit their votes electronically again this year, and the final Board of Directors will be announced and sworn in during the League's Annual Business Meeting during CityVision, April 20-22. For more information about the nominations and election process and to submit your candidate nomination, please visit NCLM Election Central, www.election.marianneangelirodriguez.com. ​

Register for 'Distressed Public Utilities: What It Means for Municipalities'
​The League is offering a webinar through its Advancing Municipal Leaders program to help members understand the distressed utility designation that is being implemented by the Local Government Commission (LGC) and the State Water Infrastructure Authority (SWIA). Distressed Public Utilities: What It Means for Municipalities is set for March 2, 10 – 11 a.m. (via Zoom). Kim Colson from the Department of Environmental Quality and Sharon Edmundson from the LGC will be presenting more information about the distressed utility designation. Registration is available here.

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