Chapter 2
Administration
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* Cross References: Businesses, ch. 8; emergency management, ch. 14; volunteer fire department, § 20-61 et seq.; law enforcement, ch. 22; personnel, ch. 28.
State Law References: Cities and towns, G.S. ch. 160A.
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- Sec. 2-36. Time, place of regular meetings.
- Sec. 2-37. Special meetings.
- Sec. 2-38. Order of business.
- Sec. 2-39. Rules of procedure.
- Secs. 2-40--2-50. Reserved.
- Sec. 2-51. Written proposal; form.
- Sec. 2-52. Effective date.
- Sec. 2-53. Official copy.
- Sec. 2-54. Ordinance book.
- Secs. 2-55--2-75. Reserved.
Article III. Officers and Employees
Article IV. Boards, Commissions and Committees
- Sec. 2-106. Establishment; jurisdiction.
- Sec. 2-107. Composition; terms of office.
- Sec. 2-108. Powers and duties.
- Secs. 2-109--2-130. Reserved.
ARTICLE I.
IN GENERAL
Secs. 2-1--2-25. Reserved.
ARTICLE II.
TOWN COUNCIL*
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* Charter References: Mayor and council, art. II.
State Law References: Mayor and council, G.S. 160A-66 et seq.
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DIVISION 1.
GENERALLY
Sec. 2-26. Selection, duties of mayor pro tem.
At the first meeting after its election, the council shall select one of its number to act as mayor pro tem. The mayor pro tem shall have no fixed term of office, but as such, shall perform all the duties of the mayor in the mayor's absence or disability.
(Code 1981, § 2-1004)
Charter References: Mayor pro tempore, § 2.4.
State Law References: Mayor pro tem, G.S. 160A-70.
Secs. 2-27--2-35. Reserved.
DIVISION 2.
MEETINGS*
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* Charter References: Meetings, § 2.5.
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Sec. 2-36. Time, place of regular meetings.
The regular meetings of the council shall be held on the first Monday of each month at 7:30 p.m. at the town hall, unless otherwise designated by the council. Every member of the council shall attend all meetings of the council, unless excused.
(Code 1981, § 2-1021)
State Law References: Regular and special meetings, G.S. 160A-71.
Sec. 2-37. Special meetings.
Special meetings of the council may be held according to the procedures set out in the applicable state statutes.
(Code 1981, § 2-1022)
State Law References: Notice of special meetings, G.S. 143-318.8.
Sec. 2-38. Order of business.
(a) At the hour appointed for the meeting of the council, the mayor shall take the chair and direct a call of the members by the clerk, who shall note the absentees. If a quorum is not present, the mayor shall send for the absentees, and upon the appearance of a quorum shall call to order and proceed with the order of business. If a quorum fails to attend, the meeting shall stand adjourned to a time agreed on by a majority of the members present. The mayor may, when present, substitute any member of the council to perform the duties of the chair, but substitution shall not extend beyond adjournment, except by special consent of the council.
(b) Unless the council agrees in advance otherwise, the business of the council shall be taken up for consideration and disposition at regular meetings in the following order:
- Call to order.
- Reading or disposition of minutes of the previous meeting.
- Reports of boards and standing committees.
- Reports of special committees.
- Unfinished business.
- New business.
- Announcements.
- Adjournment.
(c) If the council directs any matter to be the special business of a future meeting, the matter shall have precedence over all other business at that meeting.
(Code 1981, § 2-1024)
Sec. 2-39. Rules of procedure.
(a) Agenda.All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the council should be delivered or submitted to the clerk prior to its meeting.
(b) Rules of debate and decorum.
- Manner of speaking.Every member desiring to speak shall address the chair and upon recognition by the mayor shall confine himself to the question under debate, avoiding all personalities and indecorous language.
- Interrupting the speaker.A member, once recognized, shall not be interrupted when speaking, unless it is to call him to order or as otherwise provided under applicable rules of parliamentary procedure. If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined and, if in order, he shall be permitted to proceed.
- Addressing the council.Any person desiring to address the council shall first secure the permission of the mayor. Any interested parties or their authorized representatives may address the council on matters listed on the agenda of the council. After a motion is before the council, no person shall address the council without first securing the permission of the council to do so.
- Manner of addressing council; time limit.Every person addressing the council shall give his name and address for the records, and unless special time is granted by the council, shall limit his remarks to ten minutes. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than councilmembers and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the council. No question shall be asked a member except through the mayor.
- Request to have statement abstracted.A member may request from the mayor the privilege of having an abstract of his statement on any subject under consideration by the council entered in the minutes.
- Request to record synopsis of discussion in the minutes.The clerk may be directed by the mayor, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming before the council.
- Questions of order.All questions of order shall be decided by the mayor without debate, subject to an appeal to the council.
- Questions of procedure.When any point of procedure shall arise, the latest revised edition of Robert's Rules of Order, Newly Revised shall determine the question of procedure.
(Code 1981, § 2-1025)
Secs. 2-40--2-50. Reserved.
DIVISION 3.
ORDINANCES*
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* State Law References: Enactment of ordinances, G.S. 160A-75 et seq.
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Sec. 2-51. Written proposal; form.
Every ordinance amending or repealing any ordinance and every new ordinance shall be proposed in writing. Ordinances shall have ordinance numbers and section captions.
(Code 1981, § 2-1041)
Sec. 2-52. Effective date.
All ordinances shall be effective after the ratification thereof except ordinances specifying some other effective date, or ordinances required by state law to be effective only after having met specific date requirements.
(Code 1981, § 2-1042)
Sec. 2-53. Official copy.
A true copy of an ordinance, which has been duly enacted by the town council, signed by the mayor, and attested to by the clerk shall be known as an official copy of any ordinance for the town.
(Code 1981, § 2-1043)
Sec. 2-54. Ordinance book.
The clerk shall file a true copy of each ordinance, until it is codified in this Code, in an ordinance book separate and apart from the town council's minute book. The ordinance book shall be appropriately indexed and maintained for public inspection in the office of the clerk.
(Code 1981, § 2-1044)
Secs. 2-55--2-75. Reserved.
ARTICLE III.
OFFICERS AND EMPLOYEES*
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* Charter References: Town attorney, § 4.2; town clerk, § 4.3; town finance officer, § 4.4; town budget officer, § 4.5; town tax collector, § 4.6.
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Sec. 2-76. Town manager's powers and duties.
The manager shall be the chief administrator of the town. He shall be responsible to the council for administering all municipal affairs placed in his charge by them, and shall have the following powers and duties:
- He shall appoint and suspend or remove all town officers and employees not elected by the people, and whose appointment or removal is not otherwise provided for by law, except the town attorney, in accordance with such general personnel rules, regulations, policies, or ordinances as the council may adopt.
- He shall direct and supervise the administration of all departments, offices, and agencies of the town, subject to the general direction and control of the council, except as otherwise provided by law.
- He shall attend all meetings of the council and recommend any measures that he deems expedient.
- He shall see that all laws of the state, the Charter, and the ordinances, resolutions, and regulations of the council are faithfully executed within the town.
- He shall prepare and submit the annual budget and capital program to the council.
- He shall 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.
- He shall make any other reports that the council may require concerning the operations of town departments, offices, and agencies subject to his direction and control.
- He shall perform any other duties that may be required or authorized by the council.
State Law References: Similar provisions, G.S. 160A-148.
Secs. 2-77--2-95. Reserved.
ARTICLE IV.
BOARDS, COMMISSIONS AND COMMITTEES
DIVISION 1.
GENERALLY
Secs. 2-96--2-105. Reserved.
DIVISION 2.
PLANNING BOARD
Sec. 2-106. Establishment; jurisdiction.
There is hereby established a board to be known as the town planning board whose jurisdiction shall include the area within the territorial jurisdiction of the town.
(Code 1981, § 2-5001)
Sec. 2-107. Composition; terms of office.
The planning board shall be composed of seven members. One member shall be a resident of the extraterritorial area and shall be appointed by the county commissioners in accordance with G.S. 160A-362. Three of the members shall be appointed for three-year terms. Three of the members shall be appointed for two-year terms and one member shall be appointed for a one-year term. In the case of vacancy occurring during a term, the town council will make appointments to fill the unexpired portion of that term. After the initial appointments each member will be eligible for reappointment for a three-year term.
(Code 1981, § 2-5002)
Sec. 2-108. Powers and duties.
(a) It shall be the duty of the planning board to prepare plans and to coordinate the plans of the town and those of others so as to bring about a coordinated and harmonious development of the area. The planning board is hereby designated as the planning agency for the preparation of a zoning plan for the town under the authority of G.S. 160A-387. In addition, the planning board is empowered to:
- Acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions.
- Prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical development of the area.
- Establish principles and policies for guiding action in the development of the area.
- Prepare and recommend ordinances promoting orderly development of the area along the lines indicated in the comprehensive plan.
- Determine whether specific proposed developments referred to it by governmental or private agencies in the area conform to the principles and requirements of the comprehensive plan for the area and to make recommendations concerning them.
- Keep the town council and the general public informed and advised as to these matters.
- Make any other recommendations which it sees fit for improving the development of the area.
- Perform any other duties which may lawfully be assigned to it.
(b) In carrying out such powers and duties, the board may:
- Within the limits of the budget adopted by the town council, appoint such employees and engage such consultants as it may require.
- Within the limits of the budget adopted by the town council, acquire property and materials for its use and incur other necessary expenses.
- Authorize its agents or employees or members, in performance of their official duties, to enter upon lands and make examinations or surveys and maintain necessary monuments thereon.
- Perform any of the actions authorized for municipal planning boards by G.S. 160A-360 through 160A-370.
(Code 1981, § 2-5003)
Secs. 2-109--2-130. Reserved.
ARTICLE V.
FINANCE*
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* State Law References: The Local Government and Fiscal Control Act, G.S. 159-7 et seq.
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DIVISION 1.
GENERALLY
Secs. 2-131--2-140. Reserved.
DIVISION 2.
PURCHASING
Sec. 2-141. Disbursement of funds.
(a) In accordance with the Local Government Budget and Fiscal Control Act, no bill or claim against the town may be paid unless it has been approved by the officer or employee responsible for the function or agency to which the expense is charged. No check or draft of the town shall be valid unless it bears on its face the certificate of the finance officer as follows: "This disbursement has been approved as required by the Local Government Budget and Fiscal Control Act."
(b) No contract, agreement or purchase order shall be valid unless it bears the finance officer's certificate as follows: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act."
(Code 1981, § 2-4001)
Sec. 2-142. Purchasing agent.
The town council shall appoint a purchasing agent, who shall:
- Make or approve all purchases of material, equipment and supplies authorized by the council.
- Establish sets of standards and specifications to control purchases by the town.
- Prepare and publish specifications and notices to bidders.
- Advise the council as to anticipated needs for purchases and make purchases in advance of needs as authorized by the council.
- Store material, equipment and supplies in advance of actual need.
- Keep records of all purchases made by him and of the destination or ultimate use of the material, equipment and supplies.
- Cause to be kept an inventory of all municipal property in his custody and of all municipal property in the custody of the other officers and employees of the town.
(Code 1981, § 2-4002)
Sec. 2-143. Purchase orders.
(a) Before any order is given for items to be paid by the town or any purchase made by any town employee, a purchase order must first be obtained.
(b) Any town employee purchasing goods without a purchase order will be held responsible for the cost of goods.
(Code 1981, § 2-4003)