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. SL 2023-112. Enacted August 17, 2023. Effective August 17, 2023, except as otherwise provided.
Bill Summaries: S 9 LOCAL OMNIBUS CHANGES. (NEW)
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Bill S 9 (2023-2024)Summary date: Aug 17 2023 - View Summary
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Bill S 9 (2023-2024)Summary date: Aug 16 2023 - View Summary
Conference report makes the following changes to the 4th edition.
Part III.
Removes the proposed changes made to the charters for Canton, Clyde, Maggie Valley, and Waynesville.
Part IV.
Adds the following content.
Amends the Charters of the Cities of Greensboro and Winston-Salem, SL 1959-1137 and SL 1927-232, respectively and as amended, adding a new section to each with the following identical provisions.
Establishes a Civil Service Board (Board) as part of each City's government charged with oversight of their classified service, defined as officers and employees of Police Department and all officers and employees of the Fire Department except the the Chief of Police, the Deputy Chief of Police, Assistant Chiefs of Police, the Fire Chief, the Deputy Fire Chief, and Assistant Fire Chiefs.
Provides for the composition of each five-member Board, including two members elected by members of the classified service. Details member eligibility and disqualifications. Allows for successive terms. Provides further details relating to service on and election to the Board. Bars engaging or benefiting from any contractual work or employment with the City for two years following serving on the Board. Specifies members are unpaid except for reimbursement permitted by city policies. Designates the city clerk or their designee as the Board Secretary and describes the duties and responsibilities of the Secretary, including meeting notices and electronic recordings of meetings. Requires the Board to meet annually to adopt a regular meeting schedule. Details notice and agenda requirements of Board meetings. Requires the Board to notify their Director of Human Resources (HR) of any actions, reports, or recommendations made by the Board within a reasonable time after a meeting, with HR then required to notify affected classified service members. Bars supervisors from prohibiting, directing, or discouraging employees from wearing their uniforms while attending Board meetings.
Requires each Board to adopt substantive rules pertaining to classified service efficiency. Lists policies that such rules may provide for, among other things, such as position classification and standardization, disciplinary suspensions up to 90 days, and investigations and recordkeeping relating to classified service. Requires the Board to also adopt procedural rules. Describes the procedure for adoption or amendment of rules, including submission to the respective city council, public inspection and public hearing, and required approval by a majority vote of the council. Grants the council authority to amend the rules or amendments submitted to it for approval.
Grants each city council (by majority vote of membership), the city manager, or the Board (by majority vote of membership) authority to make official investigations with regard to the operation and enforcement of the new section's provisions, the Board's rules, and the condition of the classified service of the city, and refer such matters to the Board for hearing or further investigation. Grants the power to compel witnesses and issue subpoenas for any investigation. Requires copies of investigation reports to be filed with the city clerk and open for public inspection pursuant to state law.
Provides procedure for members of the classified service to request a hearing before the Board regarding discharge, suspension, rank reduction, transfer, or denial of promotion or raise; requires exhaustion of all remedies under the City's laws or policies prior to requesting a hearing with the Board. Establishes timelines for grievance procedures and Board hearings. Entitles members to representation at hearings before the Board. Grants the Board authority to issue subpoenas for the attendance of witnesses or the production of documents. Places the burden of justifying an act or omission on the City. Provides for the member to inspect and copy records the City plans to rely on upon written request. Requires the Board to render a decision affirming or rescinding the action or omission within 10 days of the hearing. Allows the Board to order the City to take additional steps for a just conclusion if the Board finds the action or omission unjustified. Further details requirements for orders of the Board. Provides for appeal of the Board's decision by the member or the City to superior court within 10 days of receipt of the Board's decision.
Authorizes the Board to designate independent legal counsel to advice and represent the Board, and requires the Board to establish a roster of attorneys for advising or in connection with grievance hearings. Provides for requirements and limitations as to such designations and rosters. Deems the City responsible for the costs of legal services. Details specific procedure for requesting the Office of the City Attorney to serve as legal advisor or attorney for the Board.
Deems the Board responsible for enforcement of the section's provisions and rules adopted thereunder. Authorizes disciplinary action up to and including dismissal for noncompliance. Subjects employees or officials who threaten or intimidate other employees from exercising their rights to disciplinary action up to and including dismissal.
Includes a severability clause. Provides for the act's provisions to supersede conflicting laws, rules, or clauses.
Amends the act’s long title.
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Bill S 9 (2023-2024)Summary date: Jun 28 2023 - View 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.
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Bill S 9 (2023-2024)Summary date: Jun 21 2023 - View Summary
House committee substitute to the 2nd edition makes the following changes.
Amends Section 4.4 of the Apex Town Charter, SL 1985-356, as amended, to require the Town Council and Mayor (was, Town Council) to appoint a Town Clerk. Adds that the Mayor may vote on an appointment of the Town Clerk if the Mayor has not also voted to break a tie on that appointment.
Adds the following.
Replaces the Board of Commissioners with the Town Council throughout Article IV of the Charter. Provides that the Town Manager holds office at the pleasure of both the Town Council and the Mayor (was, Board of Commissioners), who will also determine the Town Manager's compensation. Adds that the Mayor may vote on an appointment of the Town Manager if the Mayor has not also voted to break a tie on that appointment. Makes the Town Council and Mayor (was, Board of Commissioners) responsible for appointing a Town Attorney. Adds that the Mayor may vote on an appointment of the Town Attorney if the Mayor has not also voted to break a tie on that appointment.
Adds a new Section to Article IV providing that in any instance in which the Mayor may vote on an appointment under the Article, the Mayor may also participate in a vote that is solely on the compensation, discipline, or termination of that appointee, if the Mayor has not also voted to break a tie on that matter.
Changes the act's titles.
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Bill S 9 (2023-2024)Summary date: Mar 14 2023 - View Summary
Senate committee substitute to the 1st edition makes technical change.
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Bill S 9 (2023-2024)Summary date: Jan 25 2023 - View Summary
Amends Section 4.4 of the Charter of the Town of Apex, set out in SL 1985-356, as amended. Requires the town council to appoint a town clerk to keep a journal of town council proceedings, maintain records of the town, and perform other duties as the council directs (previously, provided for the town manager to appoint a town clerk to keep the journal of board of commissioner proceedings, maintain records of the town, and perform other duties as the town manager directs).