Bill Summary for H 1004 (2021-2022)

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Summary date: 

Jun 14 2022
S.L. 2022-17

Bill Information:

View NCGA Bill Details2021
House Bill 1004 (Local) Filed Thursday, May 19, 2022
Intro. by McNeely.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Amends the proposed revision of the Charter of the Town of Troutman (Charter) as follows.

Replaces references to the Town of Troutman (Town) with the Town.

Adds a provision to Article III., establishing the Town Council and the Mayor as the Town's governing body. Eliminates reference to the Mayor's powers and duties. Provides for the Town Council to elect a member as Mayor Pro Tempore at its first regulation meeting following the certification of municipal election results by the Iredell County Board of Elections (board). Provides for staggered terms for Town Council members. Eliminates reference to terms of office beginning at established times set by ordinance. Eliminates mayoral and council member qualifications for residency and qualification as a voter of the Town. Eliminates the requirement for the Town Council to appoint persons to fill a vacancy in the office of Mayor or Council. Requires the Town Council to meet and organize at the first regularly scheduled meeting following each municipal election (was, each biennial election). Eliminates the oaths of office requirement for the Mayor and Town Council. Eliminates the provisions regarding quorum and votes of Town Council. 

Revises Article IV., now providing for regular municipal elections in the Town to be held in each odd-numbered year on a nonpartisan basis, using the plurality method of GS 163-292 to determined results, pursuant to state election laws. Maintains four-year terms for the Mayor and Town Council, beginning in 2023. Now provides for only the Mayor and Town Council members to be removed by voters of the Town (was, the holder of any elective office serving in the municipal government of the Town).

Replaces the previous procedure for removal by petition with the following. Allows any registered voter of the Town to file a sworn affidavit with the board with the name of the official sought to be removed and a general statement of the grounds for removal. Directs the board to provide the individual the official recall petition form that must meet seven specified requirements. Requires the individual to return the recall petition within 30 days of issuance with at least 25% of the Town's registered voters' handwritten signatures, as described. Directs the board to investigate the signatures and certify its results within 30 days of the petition's filing, with the period tolled for any period of time that is also either two weeks before or one week after a primary or election conducted by the board. Allows for a petition determined to be insufficient to be amended within 10 days from the board's certification, whereby if the petition is found again to be insufficient, the a copy of the petition must be returned to the individual, who can chose to file a new petition. Adds a new requirement for the board to notify the individual whose removal is sought upon determination that a sufficient recall petition has been submitted (previously, required the clerk to submit a copy to the Town Council). Directs the board to fix a date for holding a recall election at least 90 but no more than 120 days after the petition is certified as sufficient. Directs the board to provide legal notice of the recall election by publication, stating general grounds on which the recall is sought and arrangements for holding the election. Requires recall elections to be conducted, returned, and the results declared as in other county elections. Allows for separate questions for recalling the Mayor or any Council member to be submitted at the same election so long as separate, sufficient petitions are filed and certified. Provides ballot language for a recall. Requires the Mayor or member in question to continue in office if less than a majority of all votes case on the question are for recall. Requires removal and vacancy declared if the majority of all votes cast on the question are for recall, with the vacancy filled pursuant to GS 160A-63, with recalled individuals barred from appointment for the vacancy caused by their removal or resignation. Bars filing recall petitions against a Mayor or Town Council member who has been subjected to a recall election, but not removed, until at least 12 months after that recall election is certified; against the Mayor or Town Council member during the first six months of their respective term; or against a Mayor or Town Council member six months prior to the end of their respective term.

Modifies Article V., eliminating reference to the Charter's limitation of the Town Manager's powers and duties conferred by general law. Requires the Town Attorney to perform all duties required by law or directed by the Town Council. Eliminates further specified duties of the Town Attorney. Incorporates the provisions of previous Article VI., in Article V. Refers to minutes of Council proceedings (was, a journal). 

Deletes Articles VII., VIII., IX., and X., which included provisions related to the Town's finances, policing, street and sidewalk assessments, and condemnation authority.

Makes organization, technical and clarifying changes. 

Adds to the repealed SL Chapters and Sections, either consolidated in this act or no longer necessary: SL 1905-44; and SL 1973-158.

Deletes the provision allowing for the continued validity of all existing ordinances, resolutions, and other provisions of the Town not inconsistent with the act.