May 25, 1979
Subject:
Public Officers; Filing Notice of Appointment to Public Office; Chapter 477; Session Laws of 1979; Counties
Requested By:
P. Eugene Price, Jr. Forsyth County Attorney
Question:
Is Chapter 477, Session Laws of 1979, which requires notice of appointment to public offices applicable to appointments made by a county board of commissioners?
Conclusion:
Yes. If the appointments made by the board of county commissioners are to a State Commission, counsel, committee, board, occupational licencing board, board of trustees, including trustees of constituent institutions of The University of North Carolina, Community Colleges and technical institutes created under G.S. 115A-7, or any other State agency where the appointee is entitled to draw subsistence, per diem, of travel allowances from funds deposited with the State Treasurer, or from any other funds subject to being audited by the State Auditor, notice is required.
The statute is not applicable to local offices generally, but there may be some appointments subject to the Act. For example, county commissioners appoint members to [*2] the board of trustees of technical institutes under Chapter 115A and such are subject to Chapter 477, Session Laws of 1979.
This opinion will not attempt to enumerate the various appointments by county commissioners which would come within the coverage of the Act, but each appointment should be measured against the definition of public office in G.S. 143-35(2) to determine whether the Act is applicable.
Rufus L. Edmisten Attorney General
James F. Bullock Senior Deputy Attorney General