Amends GS 122C-408 directing the Secretary of Crime Control and Public Safety (Secretary of CCPS) and the Town of Butner to form an authority, on or before July 1, 2011, to provide fire and police protection for the territory of the Butner Reservation and the incorporated limits of the Town of Butner. Requires that in order to form the authority, the Secretary of CCPS and the Town Council of Butner adopt a resolution including the articles of incorporation of the authority.
Provides that the resolution is to include (1) the name of the authority; (2) a statement that the authority is organized under the statute; and (3) the names and addresses of the initial members of the authority appointed by the Secretary of State (Secretary), the Secretary of CCPS, and the Butner Town Council. Requires filing a certified copy of the resolution with the Secretary of State. Directs the Secretary, upon a finding that the resolution, including the articles of incorporation, conforms to the provisions of the statute, to: (1) file the resolution in the Secretary’s office; (2) issue a certificate of incorporation under the state seal; and (3) record the information in the appropriate book of record. Provides that the issuance of the certificate of incorporation constitutes the authority as a public body and body politic and corporate of the state, and that the certificate is conclusive evidence that the authority has been duly created and established under the provisions of Article 6 of GS Chapter 122C.
Provides that the authority is to have seven voting members with four appointed by the Town of Butner, one appointed by the Secretary, and two appointed by the Secretary of CCPS. Specifies residence requirements and work affiliations that apply to authority members. Provides for the election of a Director by majority vote of the voting members of the authority. Designates the Director as an ex-officio, nonvoting member of the authority. Prohibits an active member of the fire or police forces providing services to the authority from serving as a voting member of the authority. Directs the state to transfer all real, personal, and mixed assets assigned to or used by the Butner Public Safety Division of the Department of CCPS to the authority in fee simple absolute within 30 days of the issuance of the certificate of incorporation for the authority by the Secretary. Enumerates the duties and responsibilities of the authority. Directs that the members of the authority be appointed within 30 days after this act becomes law. Sets terms of appointment for authority members. Makes conforming changes, transferring authority that was granted to the Secretary of CCPS to the authority.
Directs the authority to contract with the state to provide fire and police protection to the portions of the Butner Reservation that are outside the corporate limits of the town of Butner, and directs the authority to contract with the town of Butner to provide fire and police protection within the corporate limits of the town of Butner. Requires the contracts to provide for the funding of the operations of the authority. Requires that both the state and the town of Butner will pay an amount equal to one-half of the total budget for the Butner Public Safety Division of the Department of CCPS for the fiscal year beginning July 1, 2010, to fund the operations of the authority for the fiscal year beginning July 1, 2011. Provides relevant criteria for determining each party’s contribution, requirements regarding the keeping of time records, and calculations for determining funding in subsequent fiscal years. Also provides criteria regarding the authority’s ability to contract with any department of state government to provide services within the Butner Reservation to that department. Directs the state and the town of Butner to pay its funding percentage to the authority on or before October 1 of each year.
Permits the authority to contract with the Secretary of the Department of CCPS to provide fire and police protection to the Butner Reservation and the corporate limits of the town of Butner. Provides that under such circumstances, the employees of the Department of CCPS remain employees of the state.
Provides that if the town of Butner or the state fails to pay its percentage share of the authority’s budget, the delinquent party will cease to be a participant in the authority at the end of the fiscal year for which it last paid its percentage share of the authority’s budget. Provides for actions to be taken by the remaining party, including filing articles of dissolution.