SB 754 — Nashville/Revised and Consolidated Charter.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 21 SENATE BILL 754 State and Local Government Committee Substitute Adopted 6/22/22 Short Title:

Senator Barnes (Primary Sponsor).

Rules and Operations of the Senate May 19, 2022 A BILL TO BE ENTITLED AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF NASHVILLE.

Upon alteration of the corporate limits pursuant to law, the appropriate changes to the official map shall be made, *S754-v-2**S754-v-1* General Assembly Of North Carolina Session 2021 and copies shall be filed in the office of the Secretary of State, the Nash County Register of Deeds, and the Nash County Board of Elections.

Annexation of Non-ContiguousNoncontiguous Areas.

NotwithstandingThe applicable provisions of generalG.S. law, a non-contiguous ("satellite") area proposed for annexation, when added to the area within all other satellite corporate limits, may exceed ten percent (10%) of the area within the primary corporate limits.

160A-58.1(b)(5) do not apply to the Town.

The Town Council (hereinafter "Council") and the Mayor shall be the governing body of the Town.Town of Nashville.

In accordance with applicable general law, in the event of the absence or disability of the Mayor, the duties of the office of Mayor shall devolve upon the Mayor Pro Tempore and, during such time, the Mayor Pro Tempore shall have all the power and authority conferred upon by the office of Mayor by general or local law or the provisions of this Charter.

Compensation.Compensation;

Vacancies.

(c) If a Council member is disabled and unable to discharge the duties of his or her office, the Council may choose some qualified person as the member's successor during the period of disability.

A person elected to fill a vacancy in the office of Council shall have all the power and authority conferred by law to regularly elected members of the Council.

At the organizational meeting, or otherwise before entering upon the duties of their respective offices, the Page 2 Senate Bill 754-First Edition General Assembly Of North Carolina Session 2021 Mayor-elect and each Council member-elect shall take an oath prescribed by law before a person authorized by law to administer oaths.oaths to faithfully perform the duties of their respective offices.

(iii) notice of such Page 2 Senate Bill 754-Second Edition General Assembly Of North Carolina Session 2021 meetings;

Subject to applicable provisions of ArticletheOpenMeetings 33CLawofNorthCarolina,allmeetingsoftheCouncilshall ofbeopentothepublic. Chapter 143 of the General Statutes, the Open Meetings Law of North Carolina, all meetings of the Council shall be open to the public.

The Council shall have the authority to adopt rules of procedure not inconsistent with applicable general law, provisions of this Charter, or generally accepted principles of parliamentary procedure.procedure.TheCouncilmay,byordinanceorotherwise,establishrulesformeetingswhichafford a reasonable opportunity for members of the public to be heard on matters of concern.

Regular municipal elections shall be held in each odd-numbered year in accordance with the uniform municipal election laws of North CarolinaCarolina. in Chapter 163 of the General Statutes.

Special Elections.Elections and Referenda.

SpecialSpecialelections electionsand mayreferendamaybeheld be held only as provided by general law or local acts applicable to the Town.

All members of the Council shall be elected at large by the qualified voters of the Town and shall each serve staggered,a four-year terms.term.

In 2023each andodd-numbered everyyear, four years thereafter, two Council members shall be elected.elected by the qualified voters of the Town.

InThe 2025two andcandidates everywho fourreceive yearsthe thereafter,largest twonumber Councilof membersvotes shall be declared elected.

Senate Bill 754-First Edition Page 3 General Assembly Of North Carolina Session 2021 (4) To see that all laws of the State, the provisions of this Charter, and the ordinances, resolutions, and regulations of the Council are faithfully executed within the Town.

Senate Bill 754-Second Edition Page 3 General Assembly Of North Carolina Session 2021 (6) To annually submit to the Council, and make available to the public, a complete report on the finances and administrative activities of the Town as of the end of the fiscal year.

The Town Manager shall appoint a TownClerk. Clerk to give notice of meetings of the Council, to make and maintain full and accurate minutes of the proceedings of the Council, to be the custodian of all books, records, documents, and other Town records, and to surrender the same to his or her successor in office.

The Town Clerk shall beprovide thenotice custodian of themeetings official seal of the Town, and shallkeep affixa thejournal officialof sealproceedings to, and attest on behalf of the TownCouncil, be the executioncustodian of,of allallTownrecords,andperformanyotherdutiesthatmayberequiredbylawortheTownManager. deeds, contracts, and other official documents, all in accordance with applicable laws and ordinances.

The Town Clerk shall perform such other duties as provided by general law and as directed by the Town Manager.

FinanceFinanceOfficer. Director.

TheTheTown TownManagershall Managerappoint a Finance Officerwho shall appointperform anthe administrativeduties officerprescribed by Chapter 159 of the TownGeneral toStatutes, perform the dutiesprovisions of thethis FinanceCharter, Officerand undersuch Stateother duties as prescribed by law.

The Finance Director shallperformsuchotherdutiesasmaybeassignedbygeneral law,directed bytheTownManager or Town Council, or prescribed byrules and regulations of the North Carolina Local Government Commission.

The CouncilTown Manager shall provideappoint fora anTax administrativeCollector officerto ofcollect theall Towntaxes owed to the Town, perform thethose duties ofspecified taxin collector.G.S.

The105-350, tax collector shall collect all taxes, licenses, fees, and such other moneysduties belongingas orprescribed owedby tolaw. the Town government, subject to applicable provisions of general law, the Charter, and ordinances enacted thereunder.

The tax collector shall diligently comply with and enforce the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes and other fees and revenues by municipalities.

It shall be the duty of the tax collector to deposit daily in the Town's depository all moneys belonging to the Town.

The tax collector shall perform such other duties as may be authorized by the Charter, general law, and as directed by Council.

The Town CouncilManager mayshall provideappoint for the establishmentChief of aPolice. police department to provide law enforcement services for the Town.

IfThe aChief policeof departmentPolice isshall established,have immediate direction and control of the TownPolice ManagerDepartment, shallsubject appointto athe chiefsupervision of police.the Town Manager, and to such rules, regulations, and orders as the Town Manager mayprescribe.

PoliceThe officersChief of thePolice Townand shallany Pageofficers 4in Senatethe Billpolice 754-Seconddepartment Editionshall General Assembly Of North Carolina Session 2021 have and exercise all the powers and duties of law enforcement officers in accordaccordance with applicablelaw statutesand orshall commonperform law.such other duties as may, from time to time, be prescribed by the Town Manager not inconsistent with the Constitution and laws of the State of North Carolina and the provisions of this Charter.

The Town Council may provide for the establishmentappointment of fire protection personnel, including a fire departmentchief, to provide fire suppression, fire prevention, first responder, and related emergencyresponseservicesemergency fortheresponse services for the Town.