H1034: Town of Stanley Charter Amend./Manager. Latest Version
2025-2026
AN ACT TO AMEND THE CHARTER OF THE TOWN OF STANLEY TO ALLOW THE TOWN MANAGER TO APPOINT TOWN EMPLOYEES OTHER THAN THE TOWN ATTORNEY.
The General Assembly of North Carolina enacts:
SECTION 1. Section 9 of the Charter of the Town of Stanley, being Chapter 233 of the Private Laws of 1911, as amended by an ordinance adopted by the Town of Stanley enacted on July 1, 1991, a resolution adopted by the Town of Stanley on March 2, 1992, and Section 9 of S.L. 2024‑20, reads as rewritten:
Sec. 9. That on the second Monday in May, one thousand nine hundred and eleven, and biennially thereafter, the Town Council, after having taken an oath before some justice of the peace of Gaston County to support the constitution of the United States and the constitution of the State of North Carolina, and to well, faithfully and truly perform the duties of the office of a Town Council of the town of Stanley, to the best of their ability, which oath shall be subscribed to and entered upon the minutes of the corporation, and attested to by the individual administering the oath, shall take their seats and remain in office for a period of four years and until a successor is elected and qualified, except such as may be removed for cause or otherwise. They shall organize by electing one member chair, who shall act as a mayor pro tempore, in case of a vacancy, absence, or illness of the mayor. Notwithstanding G.S. 160A‑63, vacancies on the Town Council shall be filled by appointment of the remaining members of the Town Council for the remainder of the unexpired term. A majority of the Town Council shall constitute a quorum for the transaction of business. Said Town Council shall meet for the transaction of business at least once a month, and shall meet on the call of the mayor, or a majority of the Town Council, as often as may be necessary. The Town Council shall have the power, when deemed necessary, to appoint or remove the Town Attorney.
Sub‑Section A – Council‑Manager Form of Government.
The Town of Stanley shall be governed by the Council‑Manager form of government as described in Part II, Article VII of Chapter 160A of the North Carolina General Statutes. The Town Council shall appoint a Town Manager to serve at its pleasure. He shall be appointed solely on the basis of his executive and administrative qualifications and the Town Manager need not be a resident of the City or the State at the time of his appointment. He shall receive such compensation as the Council may from time‑to‑time fix.
Sub‑Section B – Duties of Town Manager.
The Town Manager shall be the chief administrator of the Town. He shall be responsible to the Town Council for administering all municipal affairs placed in his charge and shall have the following powers and duties:
i. He shall hire, suspend or remove all City employees, employees except the City Attorney, the City Tax Collector, and the City Clerk, Attorney in accordance with such General Personnel Rules, regulations and policies, or ordinances as the Council may adopt.
ii. 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.
iii. He shall attend all meetings of the Town Council and recommend any measures that he deems expedient.
iv. He shall see that all laws of the State, the Charter and the Ordinances, Resolutions and Regulations of the Town Council are faithfully executed within the Town.
v. He shall prepare and submit the annual budget and capital program to the Town Council.
vi. He shall annually submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of the fiscal year.
vii. He shall make any other reports that the Council may require concerning the operations of city departments, offices and agencies subject to his direction and control.
viii. He shall be a proper party to receive and accept service of all complaints, notices, legal process and other documents of a judicial nature on behalf of the City.
ix. He shall perform any other duties that may be required or authorized by the Town Council.
Sub‑Section C – Acting City Manager.
By letter filed with the City Clerk, the Manager may designate, subject to the approval of the Council, a qualified person to exercise the powers and perform the duties of Manager during his temporary absence or disability, During this absence or disability, the Council may revoke that designation at any time and appoint another to serve until the Manager returns or his disability ceases.
Sub‑Section D – Interim City Manager.
When the position of City Manager is vacant, the council shall designate a qualified person to exercise the powers and perform the duties of Manager until the vacancy is filled.
Sub‑Section E – Mayor and Councilmen Ineligible to Act Manager.
Neither the Mayor nor any member of the Council shall be eligible for appointment as Manager or Interim Manager.
SECTION 2. This act is effective when it becomes law.