Bill Summary – FastDemocracy

FILED SENATE
                                                                                           Feb 24, 2021
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 150
                                      SESSION 2021           PRINCIPAL CLERK
     S                                                                    D
                               SENATE BILL DRS15066-LM-23*
     Short Title:   City of Morganton/Charter Amendments.                                         (Local)
     Sponsors:      Senator Daniel (Primary Sponsor).
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT AMENDING THE CHARTER OF THE CITY OF MORGANTON TO CLARIFY
     THE TIME PERIOD FOR FILLING VACANCIES IN THE OFFICE OF MAYOR, TO
     PROVIDE THAT THE CITY MANAGER SHALL APPOINT THE CITY CLERK, AND
     TO MAKE TECHNICAL CHANGES.
 The General Assembly of North Carolina enacts:
             SECTION 1. Section 2.14 of the Charter of the City of Morganton, being Chapter
 180 of the 1975 Session Laws, as amended by S.L. 1998-81, reads as rewritten:
     "Sec. 2.14. Vacancy; absence or disability. – (a) A vacancy in the office of Mayor shall exist
 when a duly elected person fails to qualify or when a person who has been elected and has
 qualified dies, resigns, or no longer meets the requirements of Section 2.11 of this Charter, or is
 recalled. If a vacancy occurs in the office of Mayor, the Council shall shall, by majority vote
 vote, within 90 days following the date the vacancy occurs, appoint some qualified person to fill
 the office for the remainder of the unexpired term. The Mayor Pro Tempore shall discharge the
 powers and duties of the office of Mayor until the office is filled, and he and, during such period
 of service, shall receive the same compensation as received by the office of Mayor during such
 period of service. Mayor. The council seat of Mayor Pro Tempore is not vacant during any period
 in which the Mayor Pro Tempore discharges powers and duties of the office of Mayor.
             (b)      During the period of absence or disability of the Mayor, the Mayor Pro
 Tempore shall perform the powers and duties of the Mayor during the period that such absence
 or disability exists. Mayor. The inability of the Mayor to perform the duties of his the office shall
 be determined by the Council in accordance with the provisions of G.S. 160A-70, except that the
 vote of the Mayor is not required in any such determination.G.S. 160A-70."
             SECTION 2. Section 2.15 of the Charter of the City of Morganton, being Chapter
 180 of the 1975 Session Laws, as amended by Chapter 202 of the Session Laws of 1983, reads
 as rewritten:
     "Sec. 2.15. Powers and duties. – (a) The Mayor shall be the official head of the City
 government. Consistent with the provisions of this Charter, he the Mayor shall be vested with all
 of the powers, duties, rights, privileges and immunities granted to and conferred on Mayors of
 Cities by the General Laws of North Carolina.
     …
     (d)     The Mayor shall be authorized to appoint for his information and assistance, advisory
 boards, commissions, and committees, which shall be answerable to him, the Mayor, but whose
 actions shall be advisory in nature.
     (e)     The Mayor shall perform such other duties consistent with this Charter as may be
 conferred upon him the Mayor by ordinance of the Council."
                                    *DRS15066-LM-23*
     General Assembly Of North Carolina                                                   Session 2021
             SECTION 3. Section 3.12 of the Charter of the City of Morganton, being Chapter
 180 of the 1975 Session Laws, as amended, is repealed.
             SECTION 4. Chapter 2 of Article IV of the Charter of the City of Morganton, being
 Chapter 180 of the 1975 Session Laws, as amended, reads as rewritten:
                                      "Chapter 2. City Manager.
     "Sec. 4.11. Appointment, qualifications, term. – The Council shall appoint a City Manager
 to serve at its pleasure. The City Manager shall be appointed solely on the basis of his or her
 executive and administrative qualifications, and he need not be a resident of the City or State
 when appointed.
     "Sec. 4.12. Chief executive officer. – The City Manager shall be the chief executive officer
 of the City government. He or she shall be responsible to the Council for the proper and efficient
 administration of the City government.
     …."
             SECTION 5. Section 4.21 of the Charter of the City of Morganton, being Chapter
 180 of the 1975 Session Laws, as amended, reads as rewritten:
     "Sec. 4.21. City Clerk. – The Council shall designate the City Manager as City Clerk. He
 shall be responsible for keeping a journal of the proceedings of the Mayor and Council and
 maintaining, in a safe place, all records and documents pertaining to the affairs of the City. The
 manager shall be authorized to delegate his responsibilities as City Clerk.The City Manager shall
 appoint a City Clerk to serve at the City Manager's pleasure. The City Clerk shall act as secretary
 to the City Council, keep the originals of all ordinances in a book especially provided for that
 purpose, be responsible for giving notice of all meetings of the Council, keep a journal of the
 proceedings of the Mayor and Council, maintain in a safe place all records and documents
 pertaining to the affairs of the City, and perform any other duties that may be required by law,
 by the Council, or by the City Manager. The City Manager may appoint or provide for one or
 more deputy City Clerks who shall have full authority to exercise and perform any of the powers
 and duties of the City Clerk that the City Manager may specify."
             SECTION 6. Chapter 5 of Article IV of the Charter of the City of Morganton, being
 Chapter 180 of the 1975 Session Laws, as amended, reads as rewritten:
                                "Chapter 5. Boards and Commissions.
     "Sec. 4.41. General provisions. – (a) Except as prescribed by General Law or special act of
 the General Assembly, the voting members of the Council (not including the Mayor, except in
 case of equal division) shall have the authority to create commissions, councils or boards which
 shall perform duties prescribed by the Council, including, but not limited to, making studies,
 conducting research and investigations, holding hearings, and preparing recommendations as to
 needed ordinances and resolutions; provided, the voting members of the Council shall be
 authorized to designate and name certain boards, commissions and committees to be appointed
 solely by the Mayor.
     "Sec. 4.42. Composition; appointment; bylaws. – (a) Except as otherwise provide by law,
 the voting members of the Council (not including the Mayor, except in case of equal division)
 shall have the authority to provide for the manner of appointment, makeup and composition of
 such commissions, councils or boards, the periods of existence of same, and for the compensation
 of such members and employees of same, in whole or in part. The Council may provide by
 ordinance for reimbursement of the actual and necessary expenses incurred by the members
 thereof in the performance of their official duties. The Council shall have the authority to
 annually appropriate and donate money derived from contributions and other nontax revenues
 for and to such commissions, councils and boards to provide for their operation, either in whole
 or in part.
     …
     (c)     Any member of a board or commission may be removed from office for cause by a
 majority vote of all of the voting council members.Council.
     Page 2                                                                        DRS15066-LM-23*
    General Assembly Of North Carolina                               Session 2021
    …."
          SECTION 7. This act is effective when it becomes law.
    DRS15066-LM-23*                                                       Page 3
Statutes affected: 
Edition 4: 161-8, 115D-12
Edition 5: 161-8, 115D-12