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Yearly Archives: 2021

Most NC counties and municipalities have received their first of two distributions of Coronavirus State and Local Fiscal Recovery Fund monies, as part of the American Rescue Plan Act of 2021 (ARP/CSLFRF). Understandably, many local officials have been focused on identifying eligible projects.

[UPDATE: This blog post has been revised to reflect practitioner input. Revised portions are underlined below.] Session Law 2021-191 (S.B. 473) modifies governing board members’ duty to vote and recusal procedures. Specifically, Section 14-234.3 prohibits public officials who also serve … Read more

The federal Occupational Health and Safety Administration’s (OSHA’s) vaccination-or-testing mandate (the OSHA mandate) was scheduled to take effect on January 4, 2022, but it was blocked by a federal court. But then, on Friday, December 17, 2021, a federal appeals court lifted the block.  The OSHA mandate is now (at least for the time being) back on track. For a discussion of the OSHA mandate, see here.

The federal Occupational Health and Safety Administration’s (OSHA’s) vaccination-or-testing mandate (the OSHA mandate) was scheduled to take effect on January 4, 2022, but it was blocked by a federal court. But then, on Friday, December 17, 2021, a federal appeals court lifted the block.  The OSHA mandate is now (at least for the time being) back on track. For a discussion of the OSHA mandate, see here.

North Carolina statutes have specific rules that address calculation of the majority required to approve a variance or to amend a development regulation. The statutes specify how an absent member or a member with a conflict of interest affect the majority required. The statutes also have a special rule that applies to city council members who are present but do not vote on a development regulation amendment.

Under the federal government’s COVID-19 Action Plan, three  separate, new vaccine mandates will affect local government employers. Of the three, one from the Occupational Safety and Health Administration (OSHA) will have the greatest impact—if the courts let it stand. The new OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) will require employers to put a vaccine requirement in place or to test employees who are not vaccinated on a weekly basis, beginning on January 4, 2022.