GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 143
Short Title: Charlotte/Civil Service Board. |
(Local) |
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Sponsors: |
Representatives Bishop, Cunningham, Cotham, and Bradford (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Local Government. |
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March 4, 2015
A BILL TO BE ENTITLED
AN ACT amending the charter of the city of charlotte to increase the number of members on the civil service board from seven to nine.
The General Assembly of North Carolina enacts:
SECTION 1. Section 4.61 of Article III of Chapter 4 of the Charter of the City of Charlotte, being S.L. 2000‑26, as amended by S.L. 2006‑124, reads as rewritten:
"Section 4.61. Civil service board; Membership,
Powers and Duties. (a) Establishment. There is hereby continued a Civil
Service Board for the City of Charlotte, to consist of seven nine members;
four six members to be appointed by the Council and three
members to be appointed by the Mayor. Each member shall serve for a term of
three years. In case of a vacancy on the Board, the Council or the Mayor, as
the case may be, shall fill such vacancy for the unexpired term of said member.
For the purposes of establishing a quorum of the Board, any combination of
Board members and alternates totaling threeFive members shall
constitute a quorum. All Board members shall attend regular meetings for the
purposes of meeting attendance policy and familiarity with Board business and
procedures. Attendance at meetings and continued service on the Board shall be
governed by the attendance policies established by the Council. Vacancies
resulting from a member's failure to attend the required number of meetings or
hearings shall be filled as provided herein.
(a1) Council May Increase Board Membership. Notwithstanding the provisions of subsection (a) of this section, the Council may, in its discretion, increase the number of Board members from nine to 11; seven members to be appointed by the Council and four members to be appointed by the Mayor. Six members shall constitute a quorum for the 11‑member Board. At any time after increasing the number of Board members as authorized in this subsection, the Council may, in its discretion, reduce the number of members to nine, and those members shall be appointed as provided in subsection (a) of this section.
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(j) Appeal Hearings. Upon receipt of a citation for
termination from either chief or upon receipt of notice of appeal for a
suspension from any civil service covered police officer or firefighter, the
Board shall hold a hearing not less than 15 days nor more than 30 days from the
date the notice of appeal, or the citation, is received by the Board, and shall
promptly notify the officer of the hearing date. Termination hearings shall be
held with a panel of five made up of any combination of available members
or alternates,members, and suspension hearings shall be held with a
panel of three made up of any combination of available members or
alternates.members. In the event an officer desires a hearing at a
date other than that set by the Board within the period set forth above, such
officer may file a written request for a change of hearing date setting forth
the reasons for such request, and the Chair of the Board is empowered to
approve or disapprove such request; provided that such request must be received
by the Board at least seven days prior to the date set for the hearing. For
good cause, the Chair of the Board may set a hearing date other than within the
period set forth above, or may continue the hearing from time to time. In the
conduct of its hearing, each member of the Board shall have the power to
subpoena witnesses, administer oaths, and compel the production of evidence. If
a person fails or refuses to obey a subpoena issued pursuant to this
subsection, the Board may apply to the General Court of Justice, Superior Court
Division, for an order requiring that its subpoena be obeyed, and the court
shall have jurisdiction to issue these orders after notice to all parties. If
any person, while under oath at a hearing of the Board, willfully swears
falsely, such person shall be guilty of a Class 1 misdemeanor. Both the officer
and the police or fire department shall have the right to present relevant
evidence to the Board at its hearing. The officer must be furnished with a copy
of the charges which have been brought against an officer and which will be
heard by the Board. The officer shall be required to answer questions from
members of the Board or the Board's counsel; however, the officer may refuse to
answer any question where the answer might incriminate the officer with respect
to any criminal violation of State or federal laws. The officer may be present
at all evidentiary portions of the hearing, may retain counsel to represent the
officer at the hearing, and may cross‑examine those witnesses who testify
against the officer. The officer will be given the right to an open or closed
hearing as he may elect. After the evidentiary portion of the hearing is
concluded, the Board will consider the evidence in closed session, and the
Board will make findings of facts which will be provided to the officer
together with a statement of the action taken by the Board on the basis of its
findings of fact.
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SECTION 2. This act is effective when it becomes law.