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§153A-28 ART. 4. FORM OF GOVERI~TMENT §153A-34 1 ~ /
<br />(g) Counties subject to this section are not subject to G.S. 153A-27.
<br />(h) This section shall apply only in the following counties: Alamance,
<br />Alexander, Alleghany, Avery, Beaufort, Brunswick, Buncombe, Burke,
<br />Cabarrus, Caldwell, Carteret, Cherokee, Clay, Cleveland, Cumberland, Dare,
<br />Davidson, Davie, Forsyth, Graham, Guilford, Haywood, Henderson, Hyde,
<br />Jackson, Lincoln, Macon, Madison, McDowell, Mecklenburg, Moore, Pender,
<br />Polk, Randolph, Rockingham, Rutherford, Sampson, Stanly, .Stokes,
<br />Transylvania, Wake, and Yancey. (1981, c. 763, ss. 6, 14; c. 830; 1983, c. 418;
<br />1985, c. 563, s. 7.2; 1987, c. 196, s. 1; 1989, c. 296; c. 497, s. 2; 1991, c. 395, s.
<br />1; c. 558, s. 1; 1995 (Reg. Sess., 1996), c. 683, s. 1; 1997-88, s. 1.)
<br />Local Modification. -Beaufort: 1997-248,
<br />s. 3(a).
<br />§ 153A-28. Compensation of board of commissioners.
<br />The board of commissioners may fix the compensation and allowances of the
<br />chairman and other members of the board by inclusion of the compensation
<br />and allowances in and adoption of the budget ordinance. In addition, if the
<br />chairman or any other member of the board becomes afull-time county official,
<br />pursuant to G.S. 153A-81 or 153A-84, his compensation and allowances maybe
<br />adjusted at any .time during his service as a full-time official, for the duration
<br />of that service. (Code, s. 709; Rev, s. 2785; 1907, c. 500; C.S., s. 3918; 1969, c.
<br />180, s. 1; 1971, c. 1125, s. 1; 1973, c. 822, s. 1.)
<br />CASE NOTES
<br />Erroneous But Innocent Mileage Allow
<br />ance. - ~Ti'here a board of county commission-
<br />ers audited in favor of its members for mileage,
<br />to which they were not entitled, and it vas
<br />found as a fact that they did so under ad«ce
<br />and without amp corrupt or fraudulent motive,
<br />it was held that the members of the board were
<br />not indictable either under § 14-234 or at com-
<br />mon law. State v. Norris, 111 N.C. 652, 16 S.E.
<br />2 (1892), decided under former law.
<br />OPINIONS OF ATTORNEY GENERAL
<br />Authority of the county commissioners
<br />to amend the county budget to raise or
<br />lower their compensation at any time dur-
<br />ing the fiscal year is limited by their authority
<br />to fix their compensation in the adoption of the
<br />annual budget. See opinion of Attorney General
<br />to Mr. James C. Fox, New Hanover County
<br />Attorney, 42 I`'.C.A.G. 132 (1972), issued under
<br />former law.
<br />§ 153A-29: Repealed by Session Laws 1975, c. 514, s. 17.
<br />§§ 153A-30 through 153A-33: Reserved for future codification pur-
<br />poses.
<br />Part 2. Structure of the Board of Commissioners.
<br />§ 153A-34. Structure of boards of commissioners.
<br />Each county is governed by a board of commissioners. The structure and
<br />manner of election of the board of commissioners in each county shall remain
<br />as it is on February 1, 1974, until changed in accordance with law. (Rev., s.
<br />1311; C.S., s. 1292; 1973, c. 822, s. 1.)
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