A BILL TO BE ENTITLED
AN ACT TO AMEND the charter of the city of morganton to clarify THE TIME PERIOD FOR FILLING VACANCIES IN THE OFFICE OF MAYOR AND PROVIDE THAT THE CITY MANAGER SHALL APPOINT THE CITY CLERK, TO UPDATE FINES FOR CERTAIN BOATING VIOLATIONS ON LAKE JAMES, AND TO PROVIDE THAT ELECTIONS FOR THE TOWN OF HILDEBRAN SHALL BE HELD IN EVEN‑NUMBERED YEARS.
The General Assembly of North Carolina enacts:
SECTION 1.  Section 2.14 of the Charter of the City of Morganton, being Chapter 180 of the 1975 Session Laws, as amended by S.L. 1998‑81, reads as rewritten:
"Sec. 2.14. Vacancy; absence or disability. – (a)  A vacancy in the office of Mayor shall exist when a duly elected person fails to qualify or when a person who has been elected and has qualified dies, resigns, or no longer meets the requirements of Section 2.11 of this Charter, or is recalled. If a vacancy occurs in the office of Mayor, the Council shall, by majority vote, within 90 days following the date the vacancy occurs, appoint some qualified person to fill the office for the remainder of the unexpired term. The Mayor Pro Tempore shall discharge the powers and duties of the office of Mayor until the office is filled, and, during such period of service, shall receive the same compensation as received by the office of Mayor. The council seat of Mayor Pro Tempore is not vacant during any period in which the Mayor Pro Tempore discharges powers and duties of the office of Mayor.
(b)	During the period of absence or disability of the Mayor, the Mayor Pro Tempore shall perform the powers and duties of the Mayor. The inability of the Mayor to perform the duties of the office shall be determined by the Council in accordance with the provisions of G.S. 160A‑70."
SECTION 2.  Section 2.15 of the Charter of the City of Morganton, being Chapter 180 of the 1975 Session Laws, as amended by Chapter 202 of the Session Laws of 1983, reads as rewritten:
"Sec. 2.15. Powers and duties. – (a)  The Mayor shall be the official head of the City government. Consistent with the provisions of this Charter, the Mayor shall be vested with all of the powers, duties, rights, privileges and immunities granted to and conferred on Mayors of Cities by the General Laws of North Carolina.
…
(d)	The Mayor shall be authorized to appoint advisory boards, commissions, and committees, which shall be answerable to the Mayor, but whose actions shall be advisory in nature.
(e)	The Mayor shall perform such other duties consistent with this Charter as may be conferred upon the Mayor by ordinance of the Council."
SECTION 3.  Section 3.12 of the Charter of the City of Morganton, being Chapter 180 of the 1975 Session Laws, as amended, is repealed.
SECTION 4.  Chapter 2 of Article IV of the Charter of the City of Morganton, being Chapter 180 of the 1975 Session Laws, as amended, reads as rewritten:
"Chapter 2. City Manager.
"Sec. 4.11. Appointment, qualifications, term. – The Council shall appoint a City Manager to serve at its pleasure. The City Manager shall be appointed solely on the basis of his or her executive and administrative qualifications, and need not be a resident of the City or State when appointed.
"Sec. 4.12. Chief executive officer. – The City Manager shall be the chief executive officer of the City government. He or she shall be responsible to the Council for the proper and efficient administration of the City government.
…."
SECTION 5.  Section 4.21 of the Charter of the City of Morganton, being Chapter 180 of the 1975 Session Laws, as amended, reads as rewritten:
"Sec. 4.21. City Clerk. – The City Manager shall appoint a City Clerk to serve at the City Manager's pleasure. The City Clerk shall act as secretary to the City Council, keep the originals of all ordinances in a book especially provided for that purpose, be responsible for giving notice of all meetings of the Council, keep a journal of the proceedings of the Mayor and Council, maintain in a safe place all records and documents pertaining to the affairs of the City, and perform any other duties that may be required by law, by the Council, or by the City Manager. The City Manager may appoint or provide for one or more deputy City Clerks who shall have full authority to exercise and perform any of the powers and duties of the City Clerk that the City Manager may specify."
SECTION 6.  Chapter 5 of Article IV of the Charter of the City of Morganton, being Chapter 180 of the 1975 Session Laws, as amended, reads as rewritten:
"Chapter 5. Boards and Commissions.
"Sec. 4.41. General provisions. – Except as prescribed by General Law or special act of the General Assembly, the voting members of the Council shall have the authority to create commissions, councils or boards which shall perform duties prescribed by the Council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions; provided, the voting members of the Council shall be authorized to designate and name certain boards, commissions and committees to be appointed solely by the Mayor.
"Sec. 4.42. Composition; appointment; bylaws. – (a)  Except as otherwise provide by law, the voting members of the Council shall have the authority to provide for the manner of appointment, makeup and composition of such commissions, councils or boards, the periods of existence of same, and for the compensation of such members and employees of same, in whole or in part. The Council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members thereof in the performance of their official duties. The Council shall have the authority to annually appropriate and donate money derived from contributions and other nontax revenues for and to such commissions, councils and boards to provide for their operation, either in whole or in part.
…
(c)	Any member of a board or commission may be removed from office for cause by a majority vote of the Council.
…."
SECTION 7.(a)  Section 5 of S.L. 1963‑502 reads as rewritten:
"Sec. 5. Any person who may be in actual physical control of the motor boat, or other water craft, in which any violation of the above provisions shall be committed, shall be considered to have been in control of the conduct of persons in such boat, and responsible for violations of this Act committed by such persons. Unless it be otherwise shown, the registered owner of any boat operated in violation of the provisions of this Article, shall be presumed to be the operator of the same at the time of such violation or violations. Notwithstanding G.S. 15A‑1340.23, any person who is convicted of a violation of any of the provisions of this Act shall be guilty of a Class 3 misdemeanor but only punished by a fine of not more than two hundred fifty dollars ($250.00)."
SECTION 7.(b)  This section becomes effective December 1, 2021, and applies to offenses committed on or after that date.
SECTION 8.(a)  Section 3 of the Charter of the Town of Hildebran, being Chapter 212 of the Private Laws of 1899, as amended by Chapter 433 of the 1973 Session Laws and Chapter 238 of the 1993 Session Laws, reads as rewritten:
"Sec. 3. In 2024, and biennially thereafter, regular municipal elections shall be held in the Town on the Tuesday after the first Monday in November of even‑numbered years in accordance with the uniform municipal election laws of North Carolina. The election shall be nonpartisan and decided by simple plurality pursuant to G.S. 163‑292. The elective officers of the town shall be a mayor who shall be elected by the qualified voters of the town for a term of four years, and five commissioners, who shall be elected by the qualified voters of the town for terms of four years. In 2024, and quadrennially thereafter, two commissioners shall be elected to four‑year terms. In 2026, and quadrennially thereafter, the Mayor and three commissioners shall be elected to four‑year terms."
SECTION 8.(b)  Regular municipal elections shall be conducted in the Town of Hildebran in 2021. The Mayor and three commissioners elected in 2021 shall serve five‑year terms. The two commissioners elected in 2019 whose terms expire in 2023 are extended until 2024. The next regular municipal election shall be conducted in the Town of Hildebran in 2024.
SECTION 9.  Except as otherwise provided, this act is effective when it becomes law.