GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-321

HOUSE BILL 661

AN ACT to allow city managers in certain smaller municipalities to serve as members of boards of education.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 160A-147 reads as rewritten:

"§ 160A-147.  Appointment of city manager; dual office holding.

(a)        In cities whose charters provide for the council-manager form of government, the council shall appoint a city manager to serve at its pleasure. The manager shall be appointed solely on the basis of the manager's executive and administrative qualifications. The manager need not be a resident of the city or State at the time of appointment. The office of city manager is hereby declared to be an office that may be held concurrently with other appointive (but not elective) offices pursuant to Article VI, Sec. 9, of the Constitution.

(b)        Notwithstanding the provisions of subsection (a), a city manager may serve on a county board of education that is elected on a non-partisan basis if the following criteria are met:

(1)        The population of the city by which the city manager is employed does not exceed 10,000;

(2)        The city is located in two counties; and

(3)        The population of the county in which the city manager resides does not exceed 40,000.

(b1) Notwithstanding the provisions of subsection (a) of this section, a city manager may serve on a county board of education that is elected on a nonpartisan basis if the population of the city by which the city manager is employed does not exceed 3,000.

(c)        Notwithstanding the provisions of subsection (a), a city manager may hold elective office if the following criteria are met:

(1)        The population of the city by which the city manager is employed does not exceed 3,000.

(2)        The city manager is an elected official of a city other than the city by which the city manager is employed.

(d)        For the purposes of this section, population figures shall be according to the latest United States decennial figures issued at the time the second office is assumed. If census figures issued after the second office is assumed increase the city or county population beyond the limits of this section, the city manager may complete the term of elected office that the city manager is then serving."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 13^th day of July, 2009.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 5:49 p.m. this 17^th day of July, 2009