GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 1
HOUSE BILL 97
Short Title: Rowland Charter Amend/Vacancies. |
(Local) |
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Sponsors: |
Representative B. Jones. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Local Government, if favorable, Rules, Calendar, and Operations of the House |
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February 19, 2021
A BILL TO BE ENTITLED
AN ACT AMENDing THE CHARTER OF THE TOWN OF ROWLAND TO make technical corrections and to ALLOW BOARD MEMBERS TO FILL VACANCIES on the town board of commissioners.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Section 3.4 of the Charter of the Town of Rowland, being S.L. 1998‑105, as amended by S.L. 2000‑45, reads as rewritten:
"Section 3.4. Special
Elections to Fill Vacancies. If there is a vacancy in the office of
Mayor or Commissioner after qualification or because of a refusal to qualify, a
special election shall be called by the Town Board and shall be held to fill
the vacancy. However, if the vacancy occurs after the opening date for filing
of candidacy under the General Statutes in the year in which the term is to
expire, no special election shall be held. In such case, the Board shall
appoint a person to fill the vacancy pursuant to the provisions of G.S.
160A-63 shall control. Candidates in any special election may file their
notices of candidacy no earlier than noon on the tenth Friday preceding the
special election and no later than noon on the seventh Friday preceding the
special election.G.S. 160A‑63."
SECTION 1.(b) Section 3.5 of the Charter of the Town of Rowland, being S.L. 1998‑105, as amended by S.L. 2000‑45, reads as rewritten:
"Section 3.5. Other
Special Elections and Referenda. Except as specified above, special
elections and referenda Referenda may be held only as provided by
general law or applicable local acts of the General Assembly."
SECTION 2.(a) Section 2.2 of the Charter of the Town of Rowland, being S.L. 1998‑105, as amended by S.L. 2000‑45, reads as rewritten:
"Section 2.2. Composition;
Terms of Office. The Town Board shall be composed of four
Commissioners to be elected by all the qualified voters of the Town voting at
large for terms of four years, or until their successors are elected and
qualified, and the Mayor."
SECTION 2.(b) Section 2.4 of the Charter of the Town of Rowland, being S.L. 1998‑105, as amended by S.L. 2000‑45, reads as rewritten:
"Section 2.4. Qualifications
for Office; Compensation; Vacancies. The qualifications and compensation
of the Mayor and Commissioners shall be in accordance with general law. In
addition, no Mayor or Commissioner shall be qualified to hold office if that
person: (i) is more than 30 days delinquent in the payment of any sum of money
owed by that person to the Town of Rowland, (ii) has been convicted of any
felony by any court of competent jurisdiction, (iii) has failed to attend more than
three meetings of the Town Board of which that person has had proper
notice. If the Town Board determines that one of the above‑listed
qualifications has been violated by a Commissioner or the Mayor and that such
violation was within the control of the violator or that the violation can
reasonably be expected to continue for an additional three months, the Board
shall declare the position of the violator vacant and shall proceed to fill the
vacancy. Vacancies shall be filled as provided below."
SECTION 2.(c) Section 4.2 of the Charter of the Town of Rowland, being S.L. 1998‑105, as amended by S.L. 2000‑45, reads as rewritten:
"Section 4.2. Town Clerk.
The Board shall appoint a Town Clerk to keep a journal of the proceedings of
the Board, to maintain official records and documents, to give notice of
meetings, and to perform such other duties as may be prescribed by law or
assigned by the Town Board."
SECTION 2.(d) Section 4.3 of the Charter of the Town of Rowland, being S.L. 1998‑105, as amended by S.L. 2000‑45, reads as rewritten:
"Section 4.3. Finance
Officer. The Town Board shall appoint a Finance Officer to perform
the duties designated in G.S. 159‑25 and such other duties as may be
prescribed by law or assigned by the Town Board, subject to general
law."
SECTION 2.(e) Section 4.4 of the Charter of the Town of Rowland, being S.L. 1998‑105, as amended by S.L. 2000‑45, reads as rewritten:
"Section 4.4. Tax
Collector. The Board shall appoint a Tax Collector pursuant to
G.S. 105‑349 to collect all taxes owed to the Town and to perform
such other duties as may be prescribed by law or assigned by the Town Board,
subject to general law."
SECTION 2.(f) Section 4.8 of the Charter of the Town of Rowland, being S.L. 1998‑105, as amended by S.L. 2000‑45, reads as rewritten:
"Section 4.8. Bond of
Officers. The Finance Officer, Tax Collector, and all other employees of
the Town whose duties require them to handle any funds of the Town, and such
other officers and employees of the Town as the Board may by resolution
determine, shall give bonds for the faithful performance of their duties. The Town
Board shall require by resolution the giving and maintenance of all such
bonds in amounts adequate to protect the Town from loss. The premiums on such
bonds shall be paid by the Town."
SECTION 2.(g) Section 5.2 of the Charter of the Town of Rowland, being S.L. 1998‑105, as amended by S.L. 2000‑45, reads as rewritten:
"Section 5.2. Conflicts of
Interest. Any officer, employee, Commissioner or Mayor who has a financial
interest, direct or indirect, in any proposed contract with the Town or in a
proposed sale of any land, material, supplies, or services to the Town or to a
contractor supplying the Town, shall make known that interest and shall refrain
from voting upon or otherwise participating in the making of such a contract or
sale. If the Town Board determines that any officer, employee,
Commissioner, or Mayor has willfully violated the requirements of this section,
that person shall be removed by the Town Board from his office or
position. Violation of this section with knowledge, expressed or implied, by
the person or corporation contracting with or making a sale to the Town shall
render the contract void."
SECTION 3. Section 1 of this act is effective when it becomes law and applies to vacancies existing on or after that date. The remainder of this act is effective when it becomes law.