S.L. 1969-60

1969 SESSION

CHAPTER 60

HOUSE BILL 85

AN ACT TO AMEND THE CHARTER OF THE TOWN OF BELHAVEN, CHAPTER 246 OF THE PRIVATE LAWS OF 1907, TO ESTABLISH THE POSITION OF TOWN MANAGER.

The General Assembly of North Carolina do enact:

Section 1. Chapter 246 of the Private Laws of 1907, as amended, is hereby further amended by inserting therein a new Section to be designated Section 19A and to read as follows:

"Sec. 19A. The board of aldermen shall appoint a Town Manager who shall be the administrative head of the Town government responsible for the supervision and administration of all departments and employees except the Town Attorney and the Fire Chief and Fire Department. The Town Manager shall be appointed with regard to merit only, and he need not be a resident of the Town at the time of his appointment. He shall hold office during the pleasure of the board of aldermen and shall receive such compensation as it shall fix by ordinance.

"The Town Manager so appointed shall (1) be the administrative head of the Town government; (2) see that within the Town the laws of the State and the ordinances, resolutions and regulations of the board of aldermen are faithfully executed; (3) attend all meetings of the board of aldermen, and recommend for adoption such measures as he shall deem expedient; (4) make reports to the board of aldermen from time to time upon the affairs of the Town, and keep the board fully advised of the Town's financial condition and its future financial needs; (5) appoint and remove all employees of the Town, except the Town Attorney, the Fire Chief, and other employees of the Fire Department; and all appointments and removals of department heads made by the Manager shall be reported to the board of aldermen at its next succeeding meeting; and, (6) perform all other duties as may be required by the board of aldermen."

Sec. 2. Upon ratification of this Act, Section 19A of Chapter 246 of the Private Laws of 1907 shall become effective and shall remain so unless repealed in the manner herein authorized.

Upon receipt of a valid petition, bearing the signatures of at least 15 per cent of the whole number of registered voters who participated in the most recent Town election, requesting a referendum on the question of repealing Section 19A of Chapter 246 of the Private Laws of 1907, as enacted by Section 1 of this Act, the board of aldermen of the Town of Belhaven shall call and conduct such a referendum within 180 days following receipt of such petition. Any referendum conducted under authority of this Section shall be conducted and the result thereof determined and declared by the board of aldermen in the manner provided by law for the election of the Mayor and the board of aldermen. In any such referendum ballots shall be provided containing the words "For Town Manager Form of Government," and "Against Town Manager Form of Government." If a majority of the votes cast in such referendum shall be cast "For Town Manager Form of Government," then Section 19A of Chapter 246 of the Private Laws of 1907 shall continue in full force and effect. If a majority of the votes cast in such referendum shall be cast "Against Town Manager Form of Government," then from and after July 1 next following such referendum, Section 19A of Chapter 246 of the Private Laws of 1907 shall have no force and effect, and the board of aldermen of the Town of Belhaven shall have all powers then granted by general law to provide for the administration of the government of the Town. No petition requesting a referendum under authority of this Section shall be valid if received within three years next following any other referendum conducted under authority of this Section.

Sec. 3. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 12th day of March, 1969.