Bill Summary for S 754 (2021)

Summary date: 

Jun 22 2022
S.L. 2022-20

Bill Information:

View NCGA Bill Details2021
Senate Bill 754 (Local) Filed Wednesday, May 18, 2022
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF NASHVILLE.
Intro. by Barnes.

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Bill summary

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

Section 1

Modifies the proposed revision and consolidation of the Charter of the Town of Nashville (Town) as follows.

Article II.

Regarding annexation of non-contiguous areas, allows for a satellite area proposed for annexation, when added to the area within all other satellite corporate limits, to exceed 10% of the area within the primary corporate limits, notwithstanding applicable provisions of general law (replacing the previous provision which stated that the satellite cap of the same limit in GS 160A-58.1(b)(5) does not apply to the Town).

Article III.

No longer provides for the Mayor Pro Tempore to assume mayoral duties in the event the Mayor is absent or disabled. No longer authorizes a City Council member to choose a qualified successor during disability. 

Requires Mayor-elects and Council Member-elects to take an oath prescribed by law (replacing specific oath language). 

Adds a statutory cross-reference to Article 33, GS Chapter 143, the Open Meetings Law, in the requirement for open council meetings. Eliminates the authority for the Town Council (Council) to establish rules for meetings that afford a reasonably opportunity for members of the public to be heard on matters of concern. 

Article IV.

Adds a statutory cross-reference to GS Chapter 163, in the requirement for compliance with municipal election laws. More specifically requires election of two council members in 2023 and quadrennially thereafter, and two council members in 2025 and quadrennially thereafter. Eliminates references to referenda.

Article V.

Amends the Town's administration as follows. Adds to the town clerk's duties: making and maintaining minutes of Council proceedings; being custodian of all books, records, documents, and other Town records; and being the custodian of the official Town seal and affixing the seal to execute official documents. Replaces the duties of the Town finance officer, now requiring the finance officer to perform duties assigned by general law, those directed by the Town Manager or the Town Council, or prescribed by rules and regulations of the Local Government Commission. Now provides for the Council to provide for a tax collector (was appointed by the town manager). Adds duties of the tax collector, including daily deposits and other duties directed by the Council. Authorizes the Council to establish a police department. Maintains appointment of the police chief by the town manager. Eliminates specific duties and powers of the police chief, and instead provides for police officers to have the powers and duties prescribed by applicable statutes or common law. Authorizes the Council to establish a fire department (was, appoint fire protection personnel). Maintains the town manager's authority to appoint the fire chief. No longer provides for fire department personnel to act within local acts, the Charter and as directed by the Town Manager. 

Article VI.

Requires all contracts of the Town to be executed pursuant to the NC General Statutes (was, GS Chapter 143). Replaces Town money deposit requirements, requiring the Council to designate the official depository pursuant to general laws. Specifies that interest on Town money accrues to the benefit of the Town. Requires Town moneys and accounts be maintained, managed, held, disbursed, and invested pursuant to the Charter and general laws. Replaces the Town's audit requirements, now requiring an independent audit of all accounts at the close of each fiscal year, performed by an individual or firm selected by the Council, subject to disqualifications specified. 

Adds a new Article VIII., granting the Town extraterritorial planning jurisdiction up to two miles beyond its corporate limits, subject to approval of the Board of Commissioners of Nash County. 

Makes technical changes.

Section 4

Excludes Sections 2 and 3, SL 1969-320 from the session laws repealed by the act. Eliminates the repeal of SL 2008-30. 

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