GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2019-44
HOUSE BILL 383
AN ACT amending the charter of the town of topsail beach to provide for the filling of vacancies on the board of COMMISSIONERS AND TO CLARIFY THE TIMING OF THE ORGANIZATIONAL MEETING OF THE PENDER COUNTY BOARD OF EDUCATION.
The General Assembly of North Carolina enacts:
SECTION 1. Section 4 of the Charter of the Town of Topsail Beach, being Chapter 67 of the 1963 Session Laws, as amended by Chapter 272 of the 1977 Session Laws, Ordinance No. 03‑001, §1, June 11, 2003, and S.L. 2011‑77 reads as rewritten:
"Sec. 4. Creation and
Composition of Mayor and Board of Commissioners. Except as otherwise provided
in this Charter all powers of the town shall be vested in a board of
commissioners of five members and a mayor nominated and elected from the town
at large in the manner hereinafter provided. The
term of office of the mayor shall be for four years effective the November 2003
election and until his successor is elected and qualified. Beginning with the
election held in November 1977, the commissioners shall serve staggered terms.
The three candidates receiving the most votes in the November 1977 election
shall be elected to serve four‑year terms. The two candidates placing
fourth and fifth in the number of votes received in the November 1977 election
shall be elected to serve two‑year terms. Thereafter, all commissioners
elected shall serve four‑year terms. The terms of the commissioners and
the mayor shall begin at noon on the next business day following the
certification of the election results by the Pender County Board of Elections. If a vacancy occurs in the office of the mayor or
commissioner, it shall be filled
for the remainder of the unexpired term by
a majority vote of the remaining members of the board of commissioners. If
the next regular Town election will be held within 90 days after the vacancy
occurs, the person appointed to fill the vacancy shall serve the remainder of
the unexpired term. Otherwise, a successor shall be elected at the next
regularly scheduled Town election that is held more than 90 days after the
vacancy occurs, and the person appointed to fill the vacancy shall serve only
until the elected successor takes office. The elected successor shall then
serve the remainder of the unexpired term, or if the office was slated in that
election for a full term of office, for a four‑year term. The mayor
and members of the board of commissioners shall be qualified electors of the
town. A member of the board of commissioners or the mayor ceasing to possess
any of the qualifications specified in this Section, or convicted of crime
while in office Section shall immediately forfeit his office.
Provided, however, that Louis Orr is hereby appointed and named as mayor, and Forrist McCullen, J. A. Godwin, Tom Humphrey, Herbert Williams, and Dewey Justice are hereby appointed and named as commissioners to serve as the first mayor and Board of Commissioners of the Town of Topsail Beach. Their terms of office shall begin upon ratification of this Act and shall terminate at the time their successors are elected and qualified as provided for in this Charter."
SECTION 1.5. Chapter 1008 of the 1989 Session Laws is repealed.
SECTION 2. This act is effective when it becomes law. Section 1 of this act applies to vacancies existing on or after that date.
In the General Assembly read three times and ratified this the 25th day of June, 2019.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives