Staff – December 6, 2024

In North Carolina, county commissioners cannot “take off their commissioner hat” during official meetings and claim to speak as private citizens. This principle is rooted in several aspects of the law and ethical guidelines:

1. Role of a Public Official

When participating in official meetings, commissioners are operating in their capacity as elected officials. This means their statements, actions, and conduct are inherently tied to their role as representatives of the county. According to Sec. 2-86 of the Currituck County Code of Ethics, commissioners are expected to uphold the integrity and independence of their office, demonstrating high standards of conduct that inspire public trust.

2. North Carolina Open Meetings Law (N.C.G.S. § 143-318.10)

The state’s Open Meetings Law emphasizes that official deliberations and actions of public bodies, including county boards, must occur transparently and be accessible to the public. Statements made during these meetings are inherently part of the public record and tied to the individual’s role as a commissioner. Attempting to act as a “private citizen” while in this forum could conflict with the law’s intent to maintain accountability and transparency.

3. Ethical Obligations in Sec. 2-87 and Sec. 2-88

Under the Currituck County Code of Ethics:

• Sec. 2-87(c): Commissioners should not convey or permit others to convey the impression that they are in a special position to influence them.
• Sec. 2-88(1): Commissioners are tasked with pursuing policy goals within the framework of their official responsibilities and maintaining decorum in public proceedings.

These provisions reinforce the expectation that commissioners act in their official capacity during meetings and avoid blurring the lines between personal opinions and official duties.

While commissioners may share personal opinions during meetings, they cannot dissociate those statements from their official role. Doing so undermines their responsibility to the public and the ethical and legal standards governing their office.