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Home My WebLink About2025 HHSB Training MaterialsLegal Basics for Consolidated Human Services Boards New Hanover County November 2025 Kristi Nickodem, JD, Assistant Professor of Public Law and Government * If public health affected, must appoint health advisory committee Key Differences BOARD DIRECTOR EMPLOYEES DSS w/ DSS Board Appointed;3-5 members Board hires SHRA Health Dept. w/ Board of Health Appointed;11 members Board hires SHRA BOCC as DSS and/or PH Board Elected*BOCC hires SHRA CHSA with CHS Board Appointed;up to 25 members County managerhires with advice & consent of CHS board SHRAOptional CHSA with BOCC as CHS Board Elected*County manager hires with advice & consent of BOCC SHRAoptional Traditional Model Options Available Since 2012 What makes a CHSA unique?The CHS director•Appointed and dismissed by the county manager, not by the CHS board (but board must provide advice and consent).•Reports to the county manager•May only appoint CHSA staff upon the approval of the county managerThe CHSA employees•Subject to county personnel policies unless BOCC chooses to keep them subject to SHRA 3UNC School of Government Social Services and Public Health Organization and Governance As of November 2025 SS & PH agencies with appointed governing boards SS & PH agencies governed by BOCC (Graham, Cleveland, Sampson, Burke) SS agency governed by BOCC, PH agency with appointed governing board (Cherokee, Ashe, McDowell, Mitchell, Watauga, Wilkes, Surry, Columbus) PH agency governed by BOCC, SS agency with appointed governing board (Pamlico) Consolidated HS agency including SS & PH, governed by appointed CHS board (Haywood, Buncombe, Polk, Gaston, Davie, Union, Forsyth, Stanly, Rockingham, Wake, Nash, Edgecombe, Carteret, Dare, New Hanover, Lee) Consolidated HS agency including PH & other human services but not SS, governed by appointed CHS board (Alamance) Consolidated HS agency including SS & PH, governed by BOCC, health advisory committee (Clay, Swain, Alexander, Yadkin, Mecklenburg [no advisory comm.], Guilford, Montgomery, Richmond, Bladen, Brunswick, Pender, Onslow, Wayne, Jones, Robeson, Duplin, Scotland) Consolidated HS agency including SS & other human services but not PH, governed by BOCC (Cabarrus, Person) Legal Framework for Social Services and Public Health Federal StateCounty Sources of Funding 7 Federal•Federal-state programs•Grants to states State•Accepts federal grants•Appropriates state and federal funding County•Levy property tax sufficient to pay county share of mandated programs•Non-mandated programs State law requires counties to… 8 Social Services•Have a county social services board•Administer mandated social services programs under supervision of county social services director•Provide adequate facilities for social services department•Fund part of the cost of social services programs•Comply with state law & policy State law requires counties to…. 9Department Name Public Health•Have a local board of health•Provide, contract for, or certify available mandated public health services (some must be under direction of local health director and the supervision of the local board of health)•Be accredited by the North Carolina Local Health Dept. Accreditation Board•Fund part of the cost of local public health programs•Comply with state law & policy State Oversight and Rulemaking DHHS Division of Social Services Social Services Commission Division of Child and Family Well-Being Division of Public Health Commission for Public Health NCLHD Accreditation Board Comparing Child Welfare Systems https://www.childwelfare.gov/pubs/factsheets/services/ State Oversight for Social Services - G.S. 108A-74 MOU Required•“[DHHS] shall require all counties…to enter into a written agreement each year that specifies mandated performance requirements and administrative responsibilities with regard to all social services programs other than medical assistance.” Corrective Action Process for MOU•Out of compliance w/ MOU or applicable law for 3 consecutive months or 5 out of 12 months—leads to a joint corrective action plan•Can lead to DHHS takeover w/ 30 days’ notice Emergency Takeover Authority•Applies only to Child Welfare (CPS, Foster Care, Adoption)•Federal funding may be withheld State Oversight for Public Health 13 The Consolidated Agreement•LHD must enter into a contract with DHHS to receive certain funds.•Requires LHDs to comply with all public health laws and rules and specifies how funds must be managed. •Noncompliance can lead to loss of state and federal funds. Accreditation (G.S. 130A-34.1)•Every LHD must be accredited by the North Carolina Local Health Department Accreditation Board.•Commission for Public Health adopts rules and standards for the accreditation process that provide for local health department self-assessments and site visits by the Accreditation Board.•Must be accredited to receive funding from DPH. Composition of the CHS Board CHS Boards 15UNC School of Government Must be county residents Typically serve four-year terms Can only serve two consecutive terms•County commissioner member may serve only as long as he or she remains a county commissioner. 16UNC School of Government Composition of the CHS board must “reasonably reflect the population makeup of the county” and include: •Four persons who are consumers of human services.•One psychologist. •One pharmacist.•One engineer.•One dentist.•One optometrist.•One veterinarian.•One social worker.•One registered nurse.•Two physicians licensed to practice medicine in North Carolina, one of whom must be a psychiatrist.•One county commissioner.•Other persons, including “members of the general public representing various occupations.” Multiple Office Holding Limits 17 No person may concurrently hold more than o Two appointive public offices or o One elective and one appointive public office Appointment of county commissioner by BOCC is “ex officio” UNC School of Government Incompatible Office Holding 18 Office Office •May not hold two incompatible offices •Incompatible if: •Conflict between functions or duties •One is subservient to other May a board member serve as acting or interim director? UNC School of Government Other Potential Conflicts 19 •Board member who is a licensed foster parent –May not be supervised by or accept placements from resident county •Board member (or spouse) who owns or operates nursing or adult care home –May not receive Medicaid or Special Assistance payments •Prior removal from public office by impeachment •Being found guilty of corruption or malpractice in public office UNC School of Government Removal of a CHS Board Member UNC School of Government 20 •Must be done by BOCC •Grounds: –Commission of a felony or other crime involving moral turpitude –Violation of a State law governing conflict of interest –Violation of a written policy adopted by the county board of commissioners –Habitual failure to attend meetings –Conduct that tends to bring the office into disrepute –Failure to maintain required qualifications for appointment. •Written notice + opportunity to respond State Law - Grounds for Removal of Public Officials UNC School of Government 21 1.Failure to take the oath of office2.Willful failure to discharge the duties of the office.3.Improper multiple office holding4.Prior removal from public office by impeachment5.Previously being found guilty of corruption or malpractice in public office Faculty Name Powers and Duties of the CHS Board Responsibilities Related to the Board ItselfHold meetings•Meet at least quarterly•Board chair or three members may call a special or emergency meeting•Need a quorum to do business (majority of members)Elect board chair•One year term (but can be elected again for consecutive terms) 23UNC School of Government 24 Oath of Office•Any time between the board member's appointment and his or her assumption of office. •May be administered anywhere in the State by a judge, magistrate, clerk of superior court, state legislator, city or county clerk, mayor, chair of the board of county commissioners, notary public, or other specified public official. •Written copy of the oath signed by the board member must be filed with the clerk of the BOCC.•Second term = second oath of office. Consolidated human services boards Consolidated human services board statute (G.S. 153A-77) Statutes regarding public health boards (Ex: G.S. 130A-39) Statutes regarding social services boards (Ex: G.S. 108A-9) Legal Framework for the Board Consolidated Human Services Boards – G.S. 153A-77 (c)-(d) •Appoint the human services director (on its own)•Transmit or present the agency’s budget Grants all powers and duties of BOH and DSS board, except the board cannot: 27 Board’s Relationship to CHSA Employees Board has no authority to:•Hire, supervise, or fire CHSA employees•Establish minimum qualifications•Establish salary schedule•Adopt personnel policies•Hear employee grievances or appeals UNC School of Government Powers and Duties of the CHS Board – G.S. 153A-77(d)Advise and consent to county manager’s hiring/firing of directorPlan and recommend a CHSA budgetAssure compliance with laws related to State and federal programsRecommend creation of human services programsPerform public relations and advocacy functionsConduct audits and reviews of human services programs, including quality assurance activitiesAdvise local officials through the county manager Powers and Duties Inherited from the Board of Health UNC School of Government 29 Policy •Make policy for local public health agency Rules •Adopt local public health rules Disputes •Adjudicate disputes regarding local rules or locally imposed public health administrative penalties (fines) Fees •Impose local public health fees Accreditation •Satisfy state accreditation requirements for local boards of health Duty - Accreditation 30UNC School of Government Every LHD must obtain and maintain accreditation under North Carolina’s accreditation system (G.S. 130A-34.1; 130A-34.4). Assesses capacity to provide the ten essential public health services NCLHD Accreditation Board - Health Department Self-Assessment Instrument (HDSAI) Interpretation Document The Board’s Role in Advising Local Public Officials – Public Health 31 Inform local officials about community health issues Take action to foster local health department partnership-building efforts and staff interactions with the communityTake action to foster the coordination of resources to enhance partnerships and collaboration to achieve public health objectives. Take action to foster community input regarding public health issues Communicate support for the enactment and retention of laws and rules and the development of public health interventions that protect health and ensure safety UNC School of Government 10A NCAC 48B. 1307, .1308 Power – Public Health Rulemaking What is a local public health rule?•A local law that is necessary to protect or promote public health, and that is adopted by the CHS board.•Applies to jurisdiction covered by the local board, including within municipalities.•Has the “force of law” –there are legal means to enforce the rule against those who do not comply. Can prohibit residents from doing something ORrequire residents to do something A local rule may be more stringent than state public health rules if necessary to protect public health Limitations on Public Health Rulemaking Statutory •No local rules concerning the issuing of grades and permits to food and lodging facilities. •Local rules for on-site wastewater management must be as stringent as state rules and approved by state. •Local rules regarding smoking in public places must abide by statutory restrictions and must be approved by BOCC. Peedin Test•BOH rule must:•Be related to the promotion or protection of health,•Be reasonable in light of the health risk addressed,•Not violate any law or constitutional provision,•Not be discriminatory, and•Not make any distinctions based on policy concerns traditionally reserved for legislative bodies. State preemption of local authority •If a local rules addresses an issue that state law already addresses, local rule might be preempted.•Some areas off-limits to local regulation.•State law allows more stringent local public health rules on some subjects regulated by state public health rules, if required to protect public health. NC Institute for Public Health Trainings https://sph.unc.edu/nciph/nciph-boh-roles-respon/ https://sph.unc.edu/nciph/nciph-boh-rulemaking-authority/ Make some decisions related to Work First, Special Assistance, & services funded through Social Services Block Grant (can be delegated to director)Program Decisions Review suspected cases of fraud for some public assistance programs (can be delegated to director)Review Fraud Advise local authorities in developing policies and plans to improve the social conditions of the communityAdvise Right to inspect some social services and public assistance recordsInspect Records CHS Board Powers and DutiesPowers and Duties Inherited from Social Services Board The Board’s Role Related to Social Services Programs 36 •Board can: •Make a limited set of decisions regarding Social Services Block Grant programs and Work First (see 10A NCAC Chapter 71) •Review cases of suspected fraud related to some public assistance programs (Work First, State-County Special Assistance Program, Crisis Intervention Program, Low-Income Energy Assistance Program, and Medicaid) unless authority is delegated to director. UNC School of Government The Board’s Role Related to Social Services Programs 37 Read Chapter 15 of the new boards book UNC School of Government The Board’s Power to Access Records 38UNC School of Government AccessBoard members may inspect records relating to applications for and provision of public assistance and social services (G.S. 108A-11) ProtectBoard members may not disclose or use any information acquired by examining such records LimitsRight of access is limited by some state and federal confidentiality laws. Limits on the Board’s Power to Access Records •A 1995 North Carolina Attorney General’s opinion concluded that the social services board’s right of access does not include CPS case files.Coates’ Canons Blog: https://canons.sog.unc.edu UNC School of Government The Board’s Role in Advising Local Public Officials – Social Services 40 Identify social & economic problems in community, causes of problems, & possible solutions Advise public officials about social & economic problems Assist public officials in developing plans & policies to improve social & economic conditions Advocate for plans & policies to improve social & economic conditions in community UNC School of Government G.S. 108A-9 Consolidated human services director Consolidated human services director statute G.S. 153A-77(e) Statutes regarding public health director(Ex: G.S. 130A-40) Statutes regarding social services director (Ex: G.S. 108A-14) Legal Framework for the Director Powers & Duties of the Human Services Director – G.S. 153A-77(e) UNC School of Government 42 •Exercise (or delegate, when permitted) legal powers & duties of local health director and director of social services •Appoint CHSA staff with county manager’s approval •Appoint an individual with local health director qualifications (with county manager’s approval) •Administer state & local human services programs •Act as secretary and staff to CHS board •Plan CHSA budget •Advise BOCC through the county manager •Investigation & enforcement of state & local health regulations •Act as agent of and liaison to the State •Administer public health programs & enforce PH laws•Employ PH remedies, including abating PH nuisance, imposing fines in some instances, seeking misdemeanor charges, food embargo•Investigate & control spread of communicable disease•Order isolation or quarantine•Rabies control activities•Disseminate PH information and protect health Examples of Local Health Director Powers & Duties •Administer public assistance and social services programs•Assessing reports of child abuse and neglect•Supervision of foster home place•Serve as guardian of incompetent adults•Serve as temporary guardian of minor children•Serve on community child protection team, child fatality prevention team, & juvenile crime prevention council•Arrange disposition of unclaimed bodies•Issue youth employment certificates Examples of Social Services Director Powers & Duties Other Legal Requirements Open Meetings Law •Applies to “official meetings” of “public bodies” –Law requires NOTICE and ACCESS •“Official meeting”: –A majority of the members –Gathering simultaneously in person or electronically –To conduct a hearing, deliberate, vote or otherwise conduct public business Open Meetings Law Closed SessionsMotion in open session– must state the purpose of the closed session. •Special rules for: –Preservation of confidential records: Must cite the law that makes the record confidential. –Attorney-client privilege: If there is litigation, must identify the parties. LIMITED AUTHORITY-- only for purposes permitted by law* Preserve confidentiality of records Preserve attorney-client privilege Matters involving alleged criminal misconduct Consider performance, qualifications, or appointment of a public employee or public official (not members of the board itself or other boards) Final appointment or termination decision must be made in open session *See G.S. 143-318.11 for complete list Open Meetings Law •Public bodies must create and retain minutes of meetings (and general accounts of closed sessions). •Minutes and general accounts are public records –General accounts and minutes from closed sessions may be withheld from public to the extent necessary to avoid frustrating the purpose of the closed session. Open Meetings - Notice Notice of a special meeting must also be posted on a bulletin board at the CHSA or at the door of the board’s usual meeting room, as well as on the county website. Developing Local Rules of Procedure 49 Topics to Address •Meeting agendas •Election of board chair •Public comment period •Motions and voting •Absences •Remote participation Open Meetings •Notice + Access •Do not conduct board business outside of meetings, even in the interest of efficiency •Closed sessions are only allowed for specific purposes •Minutes (or general accounts for closed sessions) are always required Key points to remember Public Records Law – Chapter 132 of the General Statutes Any record made or received in the transaction of public business is subject to public access unless an exception applies. It’s the CONTENT of the record, not its location, that determines whether it is a public record. Records created on personal devices or accounts are public records if the content involves public business. Records created on government devices or accounts are not public records if the content does not involve public business. Public Records Law Right of access requires providing records: •to anyone who requests them •to inspect or receive a copy •regardless of why they want them •in the medium requested if possible •“as promptly as possible” •unless an exception applies Important exception: •Shall not release records when the law says they are confidential Public Records Law What information is confidential? •Protected health info (HIPAA) •Communicable disease info (G.S. 130A-143) •All information “concerning persons applying for or receiving public assistance or social services” (G.S. 108A-80) •County employee personnel records (G.S. 153A-98) –Includes personnel information regarding the director or applicants for the director’s position. 53 Records Retention •Records retention schedules dictate what must be kept and how long it must be retained. •Schedules must be approved by the local governing board before they can be used to authorize the destruction of public records. •Records of “transient” value need not be retained –Personal messages (including electronic mail) not related to official business. –Records that do not contain information necessary to conduct official business, meet statutory obligations, carry out administrative functions, or meet organizational objectives. Schedules: https://archives.ncdcr.gov/government/local Public Records •“In connection with the transaction of public business” is the trigger •Retention requirements apply •General rule is that the public record must be made available upon request unless an exception applies Key points to remember Liability: Key Points •Is a lawsuit against the county •In some cases, State Tort Claims Act could also involve the state as a defendant Lawsuit against CHSA or the Board •“Official capacity” = county •“Individual capacity” = board member Official v. Individual Capacity •Provides protection in “individual capacity” suits for alleged negligence under state law •Some exceptions/limitations –not absolute Public Official Immunity Liability – Open Meetings Lawsuit against the board in district or superior court. Injunction may be issued. Any action taken by the board in violation of the law can be declared null and void. If board member knowingly or intentionally violated the law, member could be ordered to personally pay all or part of the plaintiff’s attorney’s fees. No plaintiff’s attorneys’ fees owed if board member or the board followed the advice of an attorney regarding the board’s actions. Potential Criminal Liability 58 •Unlawfully disclosing confidential information •Disrupting an official meeting of the board •Threatening or assaulting other board members, the director, or CHSA employees •Embezzling county funds •Willfully failing to discharge duties as a board member •Unlawfully receiving a direct benefit from a contract that involves the CHSA Ethics - Basics Act in the public interest and for the public good, not for your own private benefit. •Avoid using position to promote partisan political platforms, parties, or candidates. •Cannot use position to influence the director to hire, promote, or provide preferential treatment to the board member’s spouse or any other relative. Be Careful with Contracts– G.S. 14-234(a) Someone involved in making or administering a contract Direct benefit to you or your spouse Class 1 Misdemeanor Attempt to influence You are involved in making or administering a contract Direct benefit to you or your spouse Class 1 Misdemeanor and Void Contract* Solicit or receive a gift or favor Class 1 Misdemeanor Attempt to influence Someone involved in making or administering a contract Ethics – Key Takeaways •It is unlawful to: –Directly benefit from contract if involved in making or administering contract –Attempt to influence person making or administering a contract for benefit of official –Solicit or receive a gift or reward for recommending or influencing award of contract by public agency Want to Explore More? UNC School of Government Questions? Kristi Nickodemnickodem@sog.unc.edu NC Human Services Hub:https://humanservices.sog.unc.edu/ Coates’ Canons Blog:https://canons.sog.unc.edu/