NC General Statutes

N.C. Gen. Stat. § 153A-76 (2026)

Board of commissioners to organize county government

✓ current as of July 2026

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The board of commissioners may create, change, abolish, and consolidate offices, positions, departments, boards, commissions, and agencies of the county government, may impose ex officio the duties of more than one office on a single officer, may change the composition and manner of selection of boards, commissions, and agencies, and may generally organize and reorganize the county government in order to promote orderly and efficient administration of county affairs, subject to the following limitations:

(1) The board may not abolish an office, position, department, board, commission, or agency established or required by law.

(2) The board may not combine offices or confer certain duties on the same officer when this action is specifically forbidden by law.

(3) The board may not discontinue or assign elsewhere a function or duty assigned by law to a particular office, position, department, board, commission, or agency.

(4) The board may not change the composition or manner of selection of a local board of education, the board of elections, or the board of alcoholic beverage control.

(5) The board may not abolish nor consolidate into a human services agency a hospital authority assigned to provide public health services pursuant to Section 12 of S.L. 1997-502 or a public health authority assigned the power, duties, and responsibilities to provide public health services as outlined in G.S. 130A-1.1.

(6) A board may not consolidate an area mental health, developmental disabilities, and substance abuse services board into a consolidated human services board. The board may not abolish an area mental health, developmental disabilities, and substance abuse services board, except as provided in Chapter 122C of the General Statutes. This subdivision shall not apply to any board that has exercised the powers and duties of an area mental health, developmental disabilities, and substance abuse services board as of January 1, 2012.

(7) The board may not abolish, assume control over, or consolidate into a human services agency a public hospital as defined in G.S. 159-39(a) pursuant to G.S. 153A-77. (1973, c. 822, s. 1; 2012-126, s. 2.)

Notes of Decisions

Cited in 3 cases, 1985–2010 · leading case: Frank v. Savage, 695 S.E.2d 509 (N.C. Ct. App. 2010).

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Frank v. Savage, 695 S.E.2d 509 (N.C. Ct. App. 2010). · cites it 11× “N.C. Gen. Stat. § 153A-76 states, moreover, that “[t]he board [of commissioners] may not change the composition or manner of selection of a local board of education, the board of health, the board of social services, the board of elections, or the board of alcoholic beverage…”

Meares v. Brunswick Cnty., NC, 615 F. Supp. 14 (E.D.N.C. 1985). “NCGS 153A-76. The Board of County Commissioners is “authorized to assume direct control of any activities theretofore conducted by or through” the Board of Social Services.”

Cannon v. N.C. State Bd. of Educ., 451 S.E.2d 302 (N.C. Ct. App. 1994). “This Article prevails over G.S. 153A-76(4).” Sec. 3. For the purpose of clarification, G.”

— N.C. Gen. Stat. § 153A-76(4) — 1 case

Cannon v. N.C. State Bd. of Educ., 451 S.E.2d 302 (N.C. Ct. App. 1994). “This Article prevails over G.S. 153A-76(4).” Sec. 3. For the purpose of clarification, G.”

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