GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 2
HOUSE BILL 347
Senate Pensions & Retirement and Aging Committee Substitute Adopted 6/25/13
Short Title: Amend Greensboro Fire Retirement/Charter. |
(Local) |
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Referred to: |
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March 20, 2013
A BILL TO BE ENTITLED
AN ACT to amend the greensboro firefighters' supplemental retirement system and to amend the charter of the city of greensboro to change certain references from building inspector to compliance officer.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 899 of the 1953 Session Laws, as amended by Chapter 289 of the 1979 Session Laws, Chapter 466 of the 1983 Session Laws, Chapter 178 of the 1987 Session Laws, and Chapter 431 of the 1993 Session Laws, reads as rewritten:
"Section 1. There is hereby created and
established a supplemental retirement system for the members of the Fire
Department of the City of Greensboro to be known as the 'Greensboro Firemen's
Firefighters' Supplemental Retirement System', hereinafter referred
to in this Act as 'supplemental retirement system.' The purpose of the creation
and establishment of the supplemental retirement system, as provided for in
this Act, shall be to increase, augment and add to the benefits received by the
firemen of the City of Greensboro who have already retired and who may
hereafter retire and become eligible for benefits under the provisions of the
North Carolina Local Governmental Employees' Retirement System in the sums and
amounts hereinafter provided under this Act. Notwithstanding the provisions of
G.S. 58-84-35, the board of trustees of the Firemen's Firefighters'
Relief Fund of the City of Greensboro, duly appointed under G.S. 58-84-30,
shall pay over to the board of trustees of the Greensboro Firemen's
Supplemental Retirements System into the Supplemental Retirement System
on July 1 of each year all sums entrusted to the Relief Fund's board of
trustees in excess of the sum of ten thousand dollars ($10,000).
"Sec. 2. The general administration and
responsibility for the proper operation of the supplemental retirement system
herein created and established and for the carrying out and making effective
the provisions of this Act are hereby vested in a board of trustees who
shall be chosen and selected as follows: the Board of Trustees of the
Firefighters' Relief Fund of the City of Greensboro, duly appointed under
G.S. 58-84-30.
(a) Two
members of said board of trustees shall be chosen from the membership of the
Greensboro Fire Department and shall be elected by a majority vote of the
uniformed members of the Fire Department of the City of Greensboro; one of said
members shall hold office for a period of one year, and the other member so
appointed shall hold office for a period of two years; thereafter, each of said
two members chosen from the Greensboro Fire Department shall be appointed for a
term of office consisting of a period of two years each.
The members of the Board of Trustees of the Greensboro Firemen's Supplemental Retirement System serving upon the abolition of that Board shall serve as ex officio members of the Board of Trustees of the Firefighters' Relief Fund of the City of Greensboro without privilege of voting on matters before that Board.
(b) Two
members shall be appointed by the President of the Greensboro Fire Insurance
Exchange; one of said members shall hold office for a period of one year, the
other member so appointed shall hold office for a period of two years; and
thereafter, each of said members shall be appointed for a term of office
consisting of a period of two years.
(c) One
member of said board of trustees is to be a member of the Greensboro City
Council and shall be elected for a term of two years by a majority vote of the
City Council of the City of Greensboro.
All members of the board of trustees shall be elected or
appointed as specified in Section 2 (a), (b) and (c) prior to the third Tuesday
in May. They shall take office on the third Tuesday in May. Any member of said
board of trustees shall be eligible to succeed himself or herself, and all vacancies
occurring in the membership of the board of trustees by death, resignation,
disqualification or otherwise shall be filled by a special election for the
members elected in Section 2 (a) and (c), to fill the unexpired term, and
likewise by special appointment under Section 2 (b).
(d) The
board of trustees shall be organized immediately after the trustees provided
for in this Section shall have qualified and taken the oath of office. The
board of trustees shall be a body politic and corporate under the name of the
Board of Trustees of Greensboro Firemen's Supplemental Retirement System, and
as a body politic and corporate shall have the right to sue and be sued, shall
have perpetual succession and a common seal, and in said corporate name shall
be able and capable in law to take, receive and demand and possess all kinds of
property hereinafter specified, and to bargain, sell, grant, alien, or dispose
of all such property as it may lawfully acquire. All such property owned or
acquired by said body politic and corporate shall be exempt from all taxes
imposed by the State or any political subdivision thereof and shall not be
subject to income taxes.
(e) The board
of trustees Board of Trustees may invest and deposit funds received
under this act to any of those classes of securities, including certificates of
deposits, as authorized for local government pursuant to G.S. 159-30.
(f) Compensation
of Trustees. The members of the Board of Trustees of the Greensboro Firemen's
Supplemental Retirement System shall serve without compensation, but they shall
be reimbursed for all necessary expenses incurred through service upon said
board.
(g) Each
trustee shall, within 10 days after his appointment, take an oath of office
before the mayor that, so far as it devolves upon him, he will diligently and
honestly administer the affairs of said board and that he will not knowingly
violate or willingly permit to be violated any of the provisions of law
applicable to the retirement system. Such oath shall be subscribed to by the
member making it, and certified by the officer by whom it is taken, and
immediately filed in the office of the city clerk.
(h) Meetings.
The board of trustees shall hold regular quarterly meetings at such time and
place as the board may determine. In addition thereto, the chairman or vice-chairman
of the board of trustees may call special meetings and upon request of two
members of the board of trustees in writing, shall call a special meeting of
the board of trustees. When so called, the secretary shall give notice in
person or by special delivery mail to all members of the board at least 24
hours prior to such meeting, specifying the purpose of such meeting and time
and place. The business of the special meeting shall be limited to the purpose
as set forth in the notice.
(i) Voting
rights. Each trustee shall be entitled to one vote. Three affirmative votes
shall be necessary for a decision by the trustees at any meeting of said board
and the chairman shall only vote in case of a tie.
(j) The
chairman shall preside at all meetings and in his absence the vice-chairman
shall preside.
(k) Officers.
The Chairman, Vice-Chairman, Secretary and the Treasurer of the Greensboro
Firemen's Supplemental Retirement System shall be elected by the board of
trustees from the membership of the board at the first organizational meeting
and thereafter at the first regular quarterly meeting in each year.
(l) Rules
and Regulations. Subject to the limitations of this Act, the board of trustees
shall, from time to time, establish rules and regulations for the
administration of the funds created by this Act and for the transaction of its
business. The board of trustees shall also, from time to time, in its
discretion, adopt rules and regulations to prevent injustices and inequalities
which might arise in the administration of this Act.
(m) Evaluation.
The secretary shall keep in convenient form, at a place designated by the
trustees, such data as shall be necessary for evaluating the system and for
checking the expense of the system.
(n) Record
of Proceedings. Annual Report. The board of trustees shall keep a record of all
its proceedings which shall be open to public inspection. It shall publish at
the end of each fiscal year a report showing the fiscal transactions of the
system for the preceding year, the amount of the accumulated cash of the
system, and the last balance sheet, showing the financial condition of the
system, including the valuation of the assets and liabilities of the retirement
system. A copy of such annual report shall be provided for each of the fire
stations of the City of Greensboro. The term 'fiscal year', as used in this
Act, shall be defined to mean a period of time from July 1st to June 30th,
inclusive.
(o) Legal
Adviser. The attorney or attorneys for the City of Greensboro shall be the
legal adviser or advisers of the board of trustees.
(p) Custodian
of Funds. Disbursements. Bond of Treasurer. The treasurer shall handle all
funds. The treasurer shall furnish such bond as shall be required by the board
of trustees. He shall be custodian of all funds paid into the Greensboro
Firemen's Supplemental Retirement System and shall deposit said funds in a bank
or banks designated by the board of trustees. The premium for said bond shall
be paid out of the funds of the system. All payments from such funds shall be
made by him only upon voucher signed by two persons designated by the board of
trustees. The books of the system shall be audited each two years and when a
new treasurer is elected by a certified public accountant, and said report
shall be presented at the first regular quarterly meeting of each year.
(q) Liabilities
of Trustees. No member of the board of trustees shall be personally liable by
reason of his service as a trustee for any acts performed by him as a trustee,
except for malfeasance in office.
(r) Trustee
Member Disqualified. In the event any uniformed member shall make application
for benefits under this Act, and shall at such time be serving as a member of
the board of trustees, he shall first disqualify himself and his vacancy shall
be filled before the board of trustees receives such application.
"Sec. 3. There is hereby created and established
in the Greensboro Firemen's Firefighters' Supplemental Retirement
System a fund to be known as the 'supplemental retirement fund' and hereinafter
referred to as the 'fund'. The fund shall consist of all moneys and funds paid
into the system from the Firemen's Firefighters' Relief Fund of
the City of Greensboro from time to time and as provided by law; all gifts of
money, property of all kinds and description, proceeds from property of all
kinds and description, all moneys, funds or property transferred to the fund by
will, devise, bequest or by other means provided by law for the transfer or
devolution of property, donations and gifts made by the firemen of the City of
Greensboro, investments, earnings on investments, interest, dividends and any
other funds or property that may accrue to the fund, and the board of trustees
is authorized to accept gifts, devises and bequests, and any property or funds
that may in anywise be transferred in operation of law. The moneys and property
of the fund may be invested by the board of trustees as heretofore provided in
this Act. Refunds may be made from the fund to anyone entitled thereby by
reason of clerical mistake or any clerical error or inadvertence. The fund
shall be liable for the payment of the supplemental benefits hereinafter
referred to and defined. Any donations made to the Greensboro City Fire
Department in excess of the amount of one hundred dollars ($100.00) may be
given and transferred to the fund by a majority vote of the members of the
Greensboro City Fire Department. The fund shall be liable for all reasonable
and necessary expenses of administration as shall be determined by the board of
trustees.
"Sec. 4. Eligibility for supplemental benefits. For the purpose of this Section 'supplemental benefit' as used in this Section shall be defined to mean any sum of money payable by the fund to a fireman of the Greensboro City Fire Department who retires from the Local Governmental Employees' Retirement System, as established by Article 3 of Chapter 128 of the General Statutes of North Carolina, including disability retirement, as provided in said system. On and after July 1, 1983, all firemen of the Greensboro City Fire Department who have attained 30 years of creditable service or who have attained the age of 55 years and who retire from the Local Governmental Employees' Retirement System, including disability retirement, as provided in the system, shall receive a minimum supplemental benefit of twenty-five dollars ($25.00) per month, except that the total amount paid all retired members of the Greensboro City Fire Department shall not exceed eighty percent (80%) of the income received by the fund during the preceding fiscal year from interest on investment of capital funds, plus the amount derived from other sources; provided, that firemen who have retired prior to July 1, 1983, and who have not attained 30 years of creditable service or who have not attained the age of 55 years shall receive benefits equal to benefits paid other retired firemen under this retirement system. In the event that eighty percent (80%) of the income above mentioned is insufficient to pay such minimum of twenty-five dollars ($25.00) per month to each person receiving supplemental benefit, the amount shall be equally prorated among the retired members of the Greensboro City Fire Department. Each retired fireman receiving supplemental benefit in accordance with this act shall receive the same amount of supplemental benefit per month; provided, that the maximum payment to any retired member of the Greensboro City Fire Department from said fund shall be one hundred thirty dollars ($130.00) per month. All amounts received for the fund, except eighty percent (80%) of the interest and funds received from other sources, which is to be used for the payment of supplemental benefits to retired members of the Greensboro City Fire Department, as herein provided, together with any part of said eighty percent (80%) which is not paid out during the next fiscal year, shall become a part of said fund and may be invested as provided in this Act. Should any fireman die, subsequent to the payment of a supplemental benefit for any preceding month and prior to the payment of any supplemental benefit in the month in which such fireman dies, then such supplemental benefit for that month shall be paid to the deceased fireman's personal representative. The board of trustees shall have the authority and power to promulgate rules and regulations to the end that the supplemental benefits herein provided may be properly administered and carried out and for the purpose of achieving the objectives herein sought.
"Sec. 5. The provisions of Section 4 of this Act shall not become effective as to the payment of any supplemental benefits thereunder until on and after July 1, 1953.
"Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.
"Sec. 7. None of the provisions of this act shall
create a liability for the Greensboro Firemen's Firefighters'
Supplemental Retirement System or for the State of North Carolina unless
sufficient current assets are available in the fund to pay fully for this
liability."
SECTION 2. Section 5.65 of the Charter of the City of Greensboro, being Chapter 1137 of the 1959 Session Laws, as amended by Chapter 29 of the 1971 Session Laws and Chapter 807 of the 1985 Session Laws, reads as rewritten:
"Section 5.65. Creation and Duties of Board of Adjustment.
(a) The City
Council may provide for the creation and organization of a Board of Adjustment
to which appeals may be taken from the decision of the building inspectorcompliance
officer concerning provisions of the zoning, subdivision, mobile home, and
sign ordinances of the City of Greensboro and any other provisions of the
Greensboro Code of Ordinances in which appeals to the Board of Adjustment may
be provided.
(b) The Board shall
consist of seven (7) members to serve for three year overlapping terms. The
City Council may fix the duties, procedure for appeals to the Board and the
vote required to reverse the building inspector.compliance officer.
The Board of Adjustment shall have the power to elect its own officers, to fix
the times and places for its meetings, to adopt necessary rules of procedure,
and to adopt all other rules and regulations not inconsistent with the duties
conferred by the City Council and which may be necessary for the proper
discharge of its duties; and it shall keep an accurate record of all its
proceedings.
(c) Every decision of the Board shall be subject to review by the Superior Court of Guilford County by proceedings in the nature of certiorari instituted within thirty days of the decision of the Board, but not otherwise."
SECTION 3. Section 5.74 of the Charter of the City of Greensboro, being Chapter 1137 of the 1959 Session Laws, as amended by Chapter 686 of the 1961 Session Laws, Chapter 55 of the 1963 Session Laws, and Chapter 74 of the 1967 Session Laws, reads as rewritten:
"Sec. 5.74. Housing Commission. (a) The city council may
provide for the creation and organization of a housing commission to which
appeals may be taken from the decision of the building inspectorcompliance
officer upon any provision of the housing code of the city.
(b) The commission shall consist of seven members to serve for three-year overlapping terms. It shall have power to elect its own officers, to fix the times and places for its meetings, to adopt necessary rules of procedure, and to adopt all other rules and regulations not inconsistent herewith which may be necessary for the proper discharge of its duties; and it shall keep an accurate record of all its proceedings.
(c) An appeal from
any decision or order of the building inspectorcompliance officer
may be taken by any person aggrieved thereby or by any officer, board or
commission of the city. Any appeal from the building inspectorcompliance
officer to the commission shall be taken within such reasonable time as
shall be prescribed by the commission by general rule and shall be taken by
filing with the building inspectorcompliance officer and with the
secretary of the commission a notice of appeal which shall specify the grounds
upon which the appeal is based. Upon the filing of any notice of appeal, the building
inspectorcompliance officer shall forthwith transmit to the
commission all the papers constituting the record upon which the decision
appealed from was made. When an appeal is from a decision of the building
inspectorcompliance officer refusing to allow the person aggrieved
thereby to do any act, his decision shall remain in force until modified or
reversed. When any appeal is from a decision of the building inspectorcompliance
officer requiring the person aggrieved to do any act, the appeal shall have
the effect of suspending the requirement of the building inspectorcompliance
officer until the hearing by the commission, unless the building
inspectorcompliance officer certifies to the commission, after the
notice of appeal is filed with him, that by reason of the facts stated in the
certificate (a copy of which shall be furnished the appellant), a suspension of
his requirement would cause imminent peril to life or property, in which case
the requirement shall not be suspended except by a restraining order, which may
be granted, for due cause shown and upon not less than one day's written notice
to the building inspector,compliance officer, by the commission
or by the Superior Court of Guilford County.
(d) The commission
shall fix a reasonable time for the hearing of all appeals and shall render its
decision within a reasonable time. Any party may appear in person or by agent
or attorney. The commission may reverse or affirm, wholly or partly, or may
modify the decision appealed from, and may make such decision and order as in
its opinion ought to be made in the matter, and to that end it shall have all
the powers of the building inspector;compliance officer; but the
concurring vote of four members of the commission shall be necessary to reverse
or modify any decision of the building inspector.compliance officer.
The commission shall have power also in passing upon appeals, in any case where
there are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of the housing code, to adapt the application of
the code to the necessities of the case to the end that the spirit of the code
shall be observed, public safety and welfare secured and substantial justice
done.
(e) Every decision of the commission shall be subject to review by the Superior Court of Guilford County by proceedings in the nature of certiorari instituted within fifteen days of the decision of the commission, but not otherwise.
(f) If a
person fails to comply with an order of the Building Inspectorcompliance
officer or, upon appeal, an order of the Housing Commission to repair,
alter, improve, vacate, close or demolish a building or dwelling, the Building
Inspectorcompliance officer may cause such building or dwelling to
be repaired, altered, improved, vacated, closed or demolished; provided that
the duties of the Building Inspectorcompliance officer as set
forth herein shall not be exercised until the Housing Commission shall have, by
resolution or other written decree, ordered the Inspector compliance
officer to proceed to effectuate the above purposes with respect to the
particular property or properties involved."
SECTION 4. This act is effective when it becomes law.