Bill Summary for S 9 (2023-2024)

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Summary date: 

Jun 28 2023
S.L. 2023-112

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 9 (Local) Filed Wednesday, January 25, 2023
AN ACT TO ALLOW THE APEX TOWN COUNCIL AND MAYOR TO MAKE APPOINTMENTS AND VOTE ON CERTAIN MATTERS REGARDING THE APPOINTEES FOR THE TOWN MANAGER, TOWN ATTORNEY, AND TOWN CLERK FOR THE TOWN OF APEX; TO FURTHER CLARIFY THE PROCESS FOR FILLING VACANCIES ON THE GUILFORD COUNTY BOARD OF EDUCATION; TO REQUIRE THAT MUNICIPAL ELECTIONS FOR ALL MUNICIPALITIES IN MADISON COUNTY BE CONDUCTED ON A PARTISAN BASIS; AND TO AUTHORIZE THE CITIES OF GREENSBORO AND WINSTON-SALEM TO ESTABLISH A CIVIL SERVICE BOARD.
Intro. by Adcock, Batch.

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Bill summary

House committee substitute to the 3rd edition makes the following changes.

Part I.

No longer amends the Apex Town Charter and instead sets out the following provisions. Requires that the Town Council and Mayor appoint the Town Manager, Town Attorney, and Town Clerk. Each of these individuals will hold office at the pleasure of the Town Council and the Mayor who will also determine the individual’s compensation. Provides that the mayor may vote on an appointment for these offices as long as the mayor has not also voted to break a tie on that appointment. Provides that when the Mayor may vote an appointment for these offices, the Mayor may also vote on compensation, discipline, or termination of these appointees, as long as the Mayor has not also voted to break a tie on that matter. Applies to votes taken on or after the date the act becomes law, and expires June 30, 2027.

Part II.

Amends SL 1991-78, as amended, as follows. Amends the process for filling vacancies on the Guilford County Board of Education (Board) as follows. Specifies that the existing provisions apply when the vacating board member was elected. Specifies that if the vacating Board member was elected as the nominee of a political party, then whether the election was by countywide election or from an electoral district, then the Board must consult with the county executive committee of that political party. Adds that when only the qualified voters of less than the entire county were eligible to vote for the vacating Board member, then the county political party executive committee must not be required to restrict voting to executive committee members who represent precincts all or part of which were within the territory of the vacating Board member.

Sets out the following conditions that apply to vacancies on the Board when the vacating member was appointed by the Board. Requires the individual appointed to fill a vacancy be a qualified Guilford County voter. Requires then the vacating member was appointed from within a single member district and that the individual appointed be a resident of the district when the vacancy exists. Requires when the vacating member was appointed by the Board and a nominee of a political party and certified as elected to fill that seat at the time of the last election, that the Board consult with the county executive committee of the political party whose nominee was certified as elected to fill that seat; sets out the process and timeline to be followed in these circumstances. Requires any person to fill a vacancy under these provisions to serve until the next election of Board members, at which time the remaining unexpired term of office in which the vacancy occurred must be filled by election.

Requires that the term of office of any individual appointed by the Board to fill a vacancy occurring between December 1, 2022, and the effective date of this act, expire on the effective date of this act. For any resulting vacancy, the nominee of a county political party executive committee of that political party must take the oath of office at the next regular meeting of the Board following the submission of the a nomination to the Superintendent of Schools of Guilford County if the individual is nominated within 60 days of the act’s effective date.

Part III.

Amends the Charter of the Town of Canton, SL 1907-90, as amended, to now require that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Deletes provisions providing for a schedule of staggered terms, and instead just states that the four Aldermen will be elected for staggered four-year terms. Requires Town officers to be elected on a partisan basis.

Amends the Charter of the Town of Clyde, SL 1889-189, as amended, to provide that regular municipal elections for officers must be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Requires Town officers to be elected on a partisan basis.

Amends the Charter of the Town of Maggie Valley, SL 1973-1337, to specify that regular municipal elections for officers must be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Requires officers to be elected on a partisan basis instead of a nonpartisan basis with results determined by plurality. Makes conforming changes.

Amends the Charter of the Town of Waynesville, SL 1995-126, to require the Mayor and Board members be elected on a partisan basis.

Amends the Charter of the Town of Hot Springs, SL 1929-210, to specify that regular municipal elections for officers must be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Deletes provisions pertaining to the term of the present Mayor and present members of the Board of Aldermen. Deletes provisions pertaining to the power and authority of town officers. Now requires that each of the town’s officers be elected for two-year terms and on a partisan basis.  Effective January 1, 2025, and applies to elections held in 2025 and thereafter.

Amends the Charter of the Town of Mars Hill, SL 1953-890, as amended, by specifying that board of alderman consists of four members. Requires the mayor and aldermen be elected to four-year terms, with the aldermen serving staggered terms. Requires that regular municipal elections for officers be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Requires Mayor and aldermen to be elected on a partisan basis. Repeals Sections 2 through 12 of Article VII of the Charter of the Town of Mars Hill.

Amends Section 3 of the Charter of the Town of Marshall, SL 1905-165, as amended, as follows. Specifies that the voters of the town must elect a mayor and five aldermen. Specifies that the mayor will be elected for a two-year term and the members of the board of aldermen will be elected for a staggered four-year term. Provides that regular municipal elections for officers must be held in odd-numbered years and conducted in accordance with the uniform municipal election laws of the State. Requires town officers to be elected on a partisan basis.

Repeals conflicting provisions of local ordinances, local acts, or special acts relating to nonpartisan municipal elections for the municipalities covered by the act. Specifies that the act does not affect the filling of a vacancy in a municipal election occurring for a seat elected before the effective date of this act.

This Part applies to elections held in 2023 and thereafter.

Amends the act's titles.