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<br />LAW OFFICES <br />COLEMAN, GLEDHILL & HARGRAVE <br />A PROFESSIONAL CORPORATION <br />129 E. TRYON STREET <br />P. O. DRAWER 1529 <br />HILLSBOROUGH, NORTH CAROLINA 27278 <br />919.732-2196 <br />FAX 919.732.7997 <br />WEBSITE WWW.CGANDH.COM <br />August 14, 2001 <br />Ms. Beverly A. Blythe <br />Clerk to the Orange County <br />Board of Commissioners <br />Post Office Box 8181 <br />Hillsborough, North Carolina 27278 <br />RE: Compensation of Board of Commissioners <br /> <br />Dear Beverly: <br />FROM THE DESK OF <br />GEOFFREY E. GLEDHILL <br />This letter confirms our telephone conversation on August <br />14, 2001 concerning increasing the travel expense allowance paid <br />to the members of the Board of County Commissioners. The August <br />13, 2001 e-mail from Elaine Holmes confirms the Finance <br />Director's determination that the County Commissioners do not <br />receive travel reimbursement per se but rather receive an <br />allowance for travel which is paid to them regardless of the <br />amount of their travel. As such it is compensation to the <br />Commissioners reported on their annual W-2 as opposed to an <br />nvpcnae. rnir~iurselrent wh~~h G.O::iCi not be C.^.Inp~rt'::atian tC them. <br />North Carolina General Statute § 153A-28 authorizes the <br />Board of Commissioners "to fix the compensation and `al owances of <br />the Chairman and other members of the Board by inclusion of the <br />compensation and allowances in and adoption<of the budget <br />ordinance." It is my opinion, and this opinion is shared by the <br />North Carolina Attorney General, that this statute permits only <br />an annual adjustment to the compensation and allowances of the <br />members of the Board of County Commissioners in conjunction with <br />the adoption of the budget ordinance each year. It is further my <br />view that an amendment to the budget ordinance cannot be used to <br />• change the compensation of the Board of County Commissioners <br />either up or down subsequent to the adoption of the budget <br /> <br />