HOUSE BILL 670
AN ACT CREATING THE CUMBERLAND COUNTY LOCAL GOVERNMENT STUDY COMMISSION.
The General Assembly of North Carolina do enact:
Section 1. Creation. There is created the Cumberland County Local Government Study Commission. The Commission shall:
(a) study the powers, duties, functions, responsibilities and organizational structures and arrangements of all local governmental units and agencies in Cumberland County;
(b) determine whether the effectiveness of local government can be increased through changes in the organizational structures or arrangements of local governmental units and agencies;
(c) prepare a report on its studies and findings, setting forth its recommendations;
(d) prepare any legislation, including drafts of a charter, necessary to further the implementation of its recommendations.
Sec. 2. Membership. The Commission shall have 24 members and a chairman who shall be chosen as follows:
(a) a chairman, appointed jointly by the Mayor of Fayetteville and the Chairman of the Board of Commissioners of Cumberland County; if they fail to agree upon a joint appointment of a chairman within thirty days after the appointment of the Commission, then the members of the Commission shall meet and elect a chairman;
(b) one member each appointed by the governing bodies of the towns of Spring Lake, Stedman, Wade, Godwin, Hope Mills and Linden;
(c) eight members appointed by the Cumberland County Board of Commissioners;
(d) ten members appointed by the City Council of Fayetteville.
A person holding elective or appointive office may be appointed to the Commission or to any committee appointed by it.
All appointments to the Commission shall be made within ninety days after the day of ratification of this act. Vacancies in the membership of the Commission, including the office of Chairman, shall be filled by the original appointing authority. If an original appointment is not made by the designated appointing authority, or if a vacancy in the Commission membership exists for more than thirty days because of failure of the appropriate appointing authority to fill the vacancy, the Chairman of the Commission may make the original appointment or fill the vacancy. Terms of members of the Commission are for the duration of the Commission. The Commission shall complete its work and make its report, including any drafts of a charter or other legislation, to the people of Cumberland County, the local governing bodies, and members of the General Assembly from Cumberland County, by December 1, 1972.
Sec. 3. Compensation. The members of the Commission shall not receive per diem or other compensation for their services, but they shall be reimbursed for their actual and necessary expenses incurred in performance of their official duties with the Commission.
Sec. 4. Organization. On or before September 30, 1971, the Chairman of the Commission shall call an organizational meeting of the Commission. The Commission shall elect from among its members a vice-chairman, a secretary, a treasurer, and such other officers as the Commission may determine, all of whom shall serve at the will of the Commission. The Commission shall fill vacancies in any office elected under this Section from among its members.
The Commission may adopt rules and regulations not inconsistent with this act; and may appoint committees with membership as the work of the Commission may require.
The Commission shall establish an Executive Committee composed of the Chairman, vice-chairman, secretary and treasurer, and four other members elected from the Commission.
Sec. 5. Meetings. The Commission shall set the time, date, and place of its meetings and shall meet at least once monthly until its work is completed. Special meetings may be called by the Chairman upon his own initiative and shall be called by him if requested by three or more members of the Commission. The Chairman shall cause all members to be notified in writing of any special meeting at least three days prior to the meeting. Meetings may be held inside or outside Cumberland County and shall be open to the public.
Sec. 6. Staff. The Commission may employ personnel and contract with persons, firms, or corporations for special and technical services and studies.
Sec. 7. Financing.
(a) The Commission shall prepare an annual budget and request appropriations based thereon from Cumberland County and the City of Fayetteville. All expenditures shall be in conformity with the budget; however, the budget may be amended from time to time as the Commission finds necessary. It is intended that the county and the city share equally in meeting expenses of the Commission. The Commission also may accept gifts from any person, firm or corporation. The city and county may make appropriations to the Commission from any funds available to the city and county, and an appropriation to the Commission is declared to be a necessary expense within the meaning of Article H-V, Section 2(5), and for a special purpose within the meaning of Article V, Section 2(4), of the North Carolina Constitution.
(b) The treasurer of the Commission shall collect, deposit, and disburse all funds of the Commission unless the Commission authorizes the treasurer of Cumberland County or the City of Fayetteville to serve as treasurer for the Commission. All monies received by the Commission shall be deposited in a separate account, shall be earmarked for the Commission's use, and shall be paid out only after approval by the treasurer, the Commission's accountant, the Chairman, or another member designated by the Commission. The Commission may require the treasurer, the Commission's accountant, the Chairman or the designated member or any two or more of them to deposit a surety bond to be paid for by the Commission on terms set by the Commission.
(c) The Commission may contract with either Cumberland County, the City of Fayetteville, or private persons or firms for provision of accounting services. Generally accepted accounting principles shall be followed.
Sec. 8. Cooperation of units. Cumberland County, the City of Fayetteville, and the towns of Godwin, Hope Mills, Linden, Spring Lake, Stedman, and Wade, and all other local governmental units and agencies in Cumberland County shall make available to the Commission any records, reports, or information the Commission requests; and may assist the Commission through gifts of necessary supplies and equipment, and temporary loans of personnel.
Sec. 9. If any provision of this act is held invalid, the invalidity shall not affect other provisions of the act that can be given effect without the invalid provision and to this end the provisions of this act are declared to be severable.
Sec. 10. All laws and clauses of laws in conflict with this act are repealed.
Sec. 11. This act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 23rd day of June, 1971.