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TITLE III: ADMINISTRATION
30. MAYOR AND CITY COUNCIL
31. CITY OFFICERS
32. BOARDS AND COMMISSIONS
33. POLICE DEPARTMENT
34. FIRE DEPARTMENT
37. CASH MANAGEMENT
38. CIVIL EMERGENCIES
30.01 Composition of Council
30.02 General duties of Mayor
30.03 Mayor pro tem
30.04 Resignation of Council members
30.15 Time and place
30.16 Calling and notice of special meetings
30.17 Adjourned meetings
30.18 Presiding officer
30.20 Rules of procedure
The City Council shall consist of the Mayor and five Council members.
(`90 Code, § 2-51)
The Mayor shall:
(A) Preside over all meetings of the City Council.
(B) Keep himself or herself informed as to the city’s business.
(C) See that all laws and ordinances are enforced.
(`90 Code, § 2-52)
Similar provisions, see G.S. §§ 160A-67 and 160A-69
The City Council shall designate one of their members to act as Mayor pro tem. In case of the death, absence, resignation or permanent disability of the Mayor, the Mayor pro tem shall act as Mayor. While acting as such, he or she shall have all the rights and powers and shall perform all the duties of the Mayor.
(`90 Code, § 2-53)
Appointment of Mayor pro tem, see Charter, Article II, § 2.4
Similar provisions, see G.S. § 160A-70
The resignation of any Council member shall be in writing and shall not be acted on until the next regular meeting of the Council.
(`90 Code, § 2-54)
Vacancies, see G.S. § 160A-63
The salaries of the Council members and the Mayor shall be as determined each year; any change shall not take place in the same fiscal year, of July 1 to June 13, as authorization of same.
(`90 Code, § 2-55)
Authority, see G.S. § 160A-64
The City Council shall hold a regular meeting in the City Hall at a time and day as may be determined from time to time by resolution of the Council.
(`90 Code, § 2-61)
Authority, see G.S. § 160A-71
A special meeting shall be called at any time by the Mayor or three Council members; provided, that all Council members shall be notified in advance of the time set for the meeting.
(`90 Code, § 2-62)
Any regular or special meeting of the Council, and any adjourned meeting thereof, may adjourn to such time prior to the next regular meeting date as may be fixed by the Council.
(`90 Code, § 2-63)
The Mayor shall preside at every meeting of the Council. In the absence of the Mayor, the Mayor pro tem shall preside and, in the absence of both, some member of the Council may be designated by the members present as presiding officer for that meeting.
(`90 Code, § 2-64)
Similar provisions, see G.S. § 160A-69
Three members of the Council shall constitute a quorum. If a quorum fails to attend, the meeting will stand adjourned until such time as shall be agreed upon by the majority of the members present.
(`90 Code, § 2-65)
Similar provisions, see G.S. § 160A-74
Except where otherwise provided by law or ordinance, the procedure of the Council shall be governed by the most current edition of Robert’s Rules of Order.
(`90 Code, § 2-66)
31.01 Removal or resignation
31.15 Appointment and term
31.16 Oath of office
31.18 General duties
31.30 Appointment and term
31.31 Office to be held by City Manager
31.45 Appointment and term
31.47 General duties
31.60 Appointment and term
31.61 General duties
31.75 Appointment and term
31.77 General duties
31.78 Signatures on checks or drafts
The City Council may at any time remove any of the officers of the city appointed by it, either with or without cause, provided that no such officer shall be removed without cause except upon 30 days notice of the intended removal, nor shall he or she be permitted to resign his or her office, except upon 30 days notice of his or her intended resignation, unless the Council shall expressly waive the notice.
(`90 Code, § 2-71)
The City Manager shall be appointed by the Council and shall hold office at the pleasure of the City Council.
(`90 Code, § 2-86)
Similar provisions, see G.S. § 160A-147
The City Manager shall take the same oath of office that is required of the Mayor.
(`90 Code, § 2-87)
Oath required, see G.S. § 160A-61
The City Manager shall, before entering upon the discharge of the duties of his or her office, enter into a bond with sureties in such sum as the City Council may require, the bond to be payable to the city and conditioned upon the faithful performance by the City Manager of all of his or her official duties.
(`90 Code, § 2-88)
The City Manager shall:
(A) Be the administrative head of the city government.
(B) See that the laws of the state and that the provisions of this code and other ordinances, resolutions and regulations of the City Council are faithfully enforced and executed.
(C) Attend all meetings of the Council and recommend for adoption such measures as he or she may deem expedient.
(D) Make reports to the Council from time to time of the affairs of the city.
(E) Keep the Council fully advised of the financial condition of the city and its future financial requirements.
(F) Make or have made an annual examination of the books and accounts of all the city officers and departments of government.
(G) See that the conditions of all franchises and contracts granted and entered into by the city are faithfully complied with and executed.
(`90 Code, § 2-89)
Similar provisions, see G.S. § 160A-148
The City Council shall, at the first regular meeting in June of each year, appoint a Tax Collector, who shall hold office at the pleasure of the Council.
(`90 Code, § 2-76)
Unless otherwise ordered by the Council, the City Manager shall perform the duties and exercise the functions of the Tax Collector.
(`90 Code, § 2-77)
The Tax Collector, before entering into the duties of his or her office, shall execute a bond payable to the city in such sum as may be fixed by the City Council, conditioned upon the faithful performance of the duties of his or her office, and the proper accounting of all funds that may come into his or her hands by virtue of his or her office. So long as the City Manager acts as Tax Collector, the bond required by this section shall be in addition to the bond required by § 31.17.
(`90 Code, § 2-78)
The City Council shall appoint a City Clerk, who shall hold office at the pleasure of the Council.
(`90 Code, § 2-96)
The City Clerk may be required to give bond in such sum as the Council may designate for the faithful performance of his or her duties, and for the faithful accounting for all the funds belonging to the city that may come into his or her hands by virtue of his or her office.
(`90 Code, § 2-97)
The City Clerk shall:
(A) Act as Secretary to the City Council.
(B) Keep a true record of all the proceedings of the Council.
(C) Keep the original of all ordinances in a book especially provided for that purpose.
(D) Give notice of the meetings of the Council.
(E) Act as custodian for all books, papers, records and journals of the city.
(F) Perform such other duties as may be required of him or her by law or by the City Council.
(`90 Code, § 2-98)
The City Council shall appoint a City Attorney, who shall hold office at the pleasure of the Council.
(`90 Code, § 2-106)
The City Attorney shall:
(A) Prosecute and defend all suits against and on behalf of the city.
(B) Advise the City Manager, City Council, Mayor and all other officers of the city in regard to matters connected with the city’s business.
(C) Attend all meetings of the City Council.
(D) Prepare all deeds, contracts, bonds, notes and other instruments that may be required for the proper conduct of the city’s business.
(E) Draw all ordinances granting franchises.
(F) Approve all proposed ordinances as to form before their introduction, but his or her failure to so approve as to form any ordinance duly passed by the Council shall not impair its validity.
(`90 Code, § 2-107)
The City Manager shall appoint a Finance Director, who shall hold office at the pleasure of the City Council.
(`90 Code, § 2-111)
The City Finance Director, before entering into the duties of his or her office, shall execute a bond payable to the city in such sum as may be fixed by the City Council, conditioned upon the faithful performance of the duties of his or her office and the proper accounting of all funds that may come into his or her hands by virtue of his or her office.
(`90 Code, § 2-112)
The Finance Director shall have the following powers and duties:
(A) He or she shall keep the accounts of the city in accordance with generally accepted principles of governmental accounting and the rules and regulations of the Local Government Commission, as set forth in G.S. § 159-1 et seq.
(B) He or she shall disburse all funds of the city in strict compliance with G.S. Ch. 159, the budget ordinance and each project ordinance, and shall preaudit obligations and disbursements as required by G.S. Ch. 159.
(C) As often as may be requested by the City Council or Manager, he or she shall prepare and file with the Council a statement of the financial condition of the city.
(D) He or she shall receive and deposit all moneys accruing to the city, or supervise the receipt and deposit of money by other duly authorized officers and employees.
(E) He or she shall maintain all records concerning the bonded debt and other obligations of the city, determine the amount of money that will be required for debt service or the payment of other obligations during each fiscal year, and maintain all sinking funds.
(F) He or she shall supervise the investment of idle funds of the city.
(G) He or she shall perform such other duties as may be assigned to him or her by law, by the Manager or City Council, or by rules and regulations of the Commission.
(H) He or she shall attend any training required by the Local Government Commission under G.S. § 159-25.
(I) He or she shall contract with outside entities, including certified public accountants in good standing with the North Carolina State Board of Certified Public Accountant Examiners, bookkeeping firms, councils of government, and other units of government, to ensure fulfillment of the duties enumerated in this division, excluding division (F), except where specifically allowed by law, and division (H). Regardless of the entity performing such duties, the authority, powers, and duties of the finance officer shall not be superseded, and the responsibility for accurate and timely fulfillment of duties lies solely with the finance officer.
(G.S. § 159-25(a)) (`90 Code, § 2-113)
Except as otherwise provided by law, all checks or drafts on an official depository shall be signed by the Finance Director and countersigned by the City Manager or another official of the city designated for this purpose by the City Council.
(`90 Code, § 2-114)
32.02 Composition; appointment and qualification of members
32.07 Election of officers
32.09 Rules and regulations
32.10 Record of proceedings
32.12 Street studies and recommendations
32.13 Assistance from City Manager
Zoning Board of Adjustment
32.26 Composition; appointment and qualification of members
32.29 Members of the Board may be removed for cause
32.31 Election of officers
32.33 Rules; records; meetings; quorum
32.34 Powers and duties
32.35 Assistance from the City Manager or designee
32.36 Conflict of interest
A Planning Board for the city is created.
(`90 Code, § 2-126)
The Planning Board shall consist of seven members, who shall be appointed by the City Council. The members shall be residents of the city and shall be persons of experience, recognized ability and good judgment.
(`90 Code, § 2-127)
Each member of the Planning Board shall hold office for a period of three years from the date of his or her appointment.
(`90 Code, § 2-128)
Members of the Planning Board shall receive compensation as set from time to time by the City Council.
(`90 Code, § 2-129)
All members of the Planning Board serve at the pleasure of the City Council and may be removed and replaced at will.
(`90 Code, § 2-130)
All vacancies occurring in the membership of the Planning Board shall be filled by the City Council.
(`90 Code, § 2-131)
The Planning Board shall elect, from its membership, a Chairperson and Secretary.
(`90 Code, § 2-132)
The Planning Board shall provide for public meetings at such times as to give members of the public an ample opportunity in which to appear and be heard before any action of the public importance is definitely determined.
(`90 Code, § 2-133)
Subject to the provisions of § 32.08, the Planning Board shall make such rules and regulations as it sees fit for governing its method of procedure and times of meetings.
(`90 Code, § 2-134)
It shall be the duty of the Secretary of the Planning Board to keep a record of the proceedings of the Planning Board in some permanent form.
(`90 Code, § 2-135)
The Planning Board shall make diverse studies of conditions prevailing in the several sections or districts of the city, which affect or are considered likely to affect the health, comfort, convenience and general welfare of persons inhabiting the sections or districts, together with the bearing of such conditions on the general welfare and convenience of the inhabitants of the city generally.
(`90 Code, § 2-136)
The Planning Board shall make a special study of the streets of the city, the roads entering the city, and the needs of the city with respect to changes and additions made thereto, and from time to time shall make recommendations to the City Council bearing on such subject.
(`90 Code, § 2-137)
The City Manager shall offer his or her services to the Planning Board, and the Planning Board shall have the right at any time to call on him or her for such advice and assistance as it may require.
(`90 Code, § 2-138)
ZONING BOARD OF ADJUSTMENT
A Zoning Board of Adjustment for the city is created.
The Board of Adjustment shall consist of seven regular members, who shall reside within the corporate limits during their term of office. Members shall be appointed by the City Council. The members shall be residents of the city and shall be persons of experience, recognized ability and good judgment.
The maximum number of full terms that a Board of Adjustment member may serve is three, except that the City Council may extend the number of terms for a Board Member where it is determined that continuity of Board leadership, special expertise and/or exceptional dedication and experience of a particular Board Member demonstrates the need for such term extension. (One term in office equals three years.)
Members of the Zoning Board of Adjustment shall receive compensation as set from time to time by the City Council.
(A) Faithful attendance at all meetings of the Board and conscientious performance of the duties required of members of the Board shall be considered a prerequisite of continuing membership on the Board.
(B) No Board members shall take part in the hearing, consideration or determination of any case in which he or she is personally or financially interested.
(C) No Board member shall vote on any matter deciding an application or appeal unless he or she shall have attended the public hearing on that application or appeal.
(D) No Board member shall discuss any case with any parties thereto prior to the public hearing on that case; provided however, that members may receive or seek information pertaining to the case from any other member of the Board, its Secretary or Clerk prior to the hearing.
(E) Members of the Board will not express individual opinions on the proper judgment of any case with any parties thereto prior to its determination of that case. Violation of this rule shall be cause for dismissal from the Board.
All vacancies occurring in the membership of the Zoning Board of Adjustment shall be filled by the City Council.
The Zoning Board of Adjustment shall elect, from its membership, a Chairperson, Vice-Chairperson, Secretary and Clerk.
The Zoning Board of Adjustment shall provide for public meetings at such times to give members of the public an ample opportunity to appear and be heard before any action of the public importance is definitively determined.
(A) In accordance with the North Carolina General Statutes, the Zoning Board of Adjustment may adopt rules for transaction of its business, and shall keep a record of its members' attendance and its resolutions, discussions and recommendations, which record shall be a public record. The Board shall establish a regular meeting schedule, and shall meet frequently enough so that it can take action on appeals or applications in an expeditious manner. All of its meetings shall be open to the public. For the purpose of taking official action, a quorum shall consist of the number of members equal to four-fifths of the regular Board membership (excluding vacant seats). A quorum is necessary for the Board to take official action.
(B) The Zoning Board of Adjustment shall conduct public hearing, as may be required, on matters before the Board in accordance and as required by North Carolina General Statutes.
(A) Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Ordinance Administrator in the enforcement of Chapter 156.
(B) Conditional uses. To hear and decide application for conditional uses.
(C) Variances. To hear and decide appeals for variance of the requirements of this chapter when it is alleged that the requirements would cause practical difficulties or unnecessary hardship.
(D) Miscellaneous. To hear and decide on matters referred to the Board by the City Council.
The City Manager or designee shall offer his or her services to the Zoning Board of Adjustment, and the Zoning Board of Adjustment shall have the right at any time to call on him or her for such service or assistance as it may require.
In the event that any member shall have a personal interest of any kind in a matter then before the Zoning Board of Adjustment, the member should disclose his or her interest and be disqualified from voting upon the matter, and the Secretary shall so record in the minutes that no vote was cast by the member.
33.02 Chief of Police
33.03 Rules authorized
33.04 Code of ethics
33.05 Auxiliary police unit established
33.06 Authority of Chief; appointment and removal of members of auxiliary police unit
33.07 Workers compensation for auxiliary police officers
33.08 Maximum number and insurance for auxiliary police officers
Rules and regulations for police alarm systems, Ch. 98
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF and CHIEF OF POLICE. The Chief of the Police Department, and includes any person designated Acting Chief by the CHIEF OF POLICE or by the City Manager.
COMMANDING OFFICER. An officer holding the rank of sergeant or above, or an officer designated as a temporary or acting shift commander by the Chief of Police or the City Manager.
DEPARTMENT. The Police Department of the city.
OFFICER. All sworn police officers and all other employees of the Police Department.
RULES. The rules of conduct and disciplinary procedure for law enforcement personnel, as adopted and amended from time to time by the City Council.
(`90 Code, § 16-1)
There is created the office of Chief of Police in and for the city. The Chief of Police shall be appointed by the City Manager and shall serve at its pleasure.
(`90 Code, § 16-2)
The conduct and operation of the Police Department shall be governed and controlled by such rules and regulations as the Chief of Police shall from time to time adopt or amend, with the approval of the City Manager.
(`90 Code, § 16-3)
The law enforcement officer’s code of ethics shall be as follows:
(A) As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all people.
(B) I will keep my private life untarnished as an example to all; maintain calm in the face of ridicule; develop self-restraint; and be constantly mindful of the welfare of others. I will obey the laws of the land and the regulations of my Department.
(C) I will never permit personal feelings, prejudice or friendships to influence my decisions. I will enforce the law without malice, never accepting gratuities.
(D) I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust, to be held so long as I am true to the ethics of police service. I will constantly strive to achieve these objectives and ideals, dedicating myself to my chosen profession of law enforcement.
(`90 Code, § 16-4)
There is hereby established within the police department an auxiliary police unit known as the Roxboro Auxiliary Police Force. The auxiliary police unit shall be an all-volunteer organization composed of as many members as may from time to time be determined by the city council. Members of the auxiliary police unit shall have the powers and duties of regular members of the police department and shall supplement the current law enforcement needs and efforts within the City of Roxboro.
(Ord. passed 2-14-12)
The auxiliary police unit shall be under the direct control of the chief of police, acting under the general supervision of the city manager. All appointments and removals of members of the auxiliary police unit shall be made by the Chief of Police. The Chief of Police shall adopt special rules and regulations governing the appointment, training, conduct and removal of members of the auxiliary police unit.
(Ord. passed 2-14-12)
A member of the auxiliary police unit who is injured while undergoing official training or while performing law enforcement duties on behalf of the city shall be entitled to benefits pursuant to law under the North Carolina Workers’ Compensation Act. Nothing in this section prohibits the city from asserting a defense or from entering into negotiations with any party.
(Ord. passed 2-14-12)
The maximum number of auxiliary police officers and liability insurance for those officers shall be established to the extent determined by the city council.
(Ord. passed 2-14-12)
34.01 General powers
34.02 Right of entry to prevent or extinguish fire
34.03 Record of fires
34.04 Investigation of fires
34.16 General powers
34.17 General duties
34.18 Right of entry
34.19 Annual report
Rules and regulations for fire alarm systems, Ch. 98
It shall be the duty of all members of the Fire Department to enforce all provisions of this Code and other laws and ordinances covering the following:
(A) The prevention of fires.
(B) The storage and use of explosives and flammables.
(C) The installation and maintenance of automatic and other private fire alarm systems and fire extinguishing equipment.
(D) The maintenance and regulation of fire escapes.
(E) The means and adequacy of exits in all buildings regulated by the Fire Prevention Code.
(F) The investigation of the cause, origin and circumstances of fire.
(`90 Code, § 8-56)
Any member of the Fire Department, or any person acting under orders of the Chief of the Department, shall have the right to enter any building or room and insert the hose or turn on the water, whenever, in the judgment of the Fire Chief or his or her designated representative, it shall be necessary to prevent or extinguish fire.
(`90 Code, § 8-57)
The Chief of the Department shall keep a record of all fires and the facts concerning the same, including statistics as to the extent of the fires and the damages caused thereby, and whether the losses were covered by insurance. All such records shall be public.
(`90 Code, § 8-58)
The Chief of the Department shall investigate or caused to be investigated the cause, origin and circumstances of every fire occurring in the city by which property has been destroyed and damaged and, so far as possible, determine whether the fire is the result of carelessness or design. The investigations shall be begun immediately upon the occurrence of such a fire.
(`90 Code, § 8-59)
There is created the office of Chief of the Fire Department, such Chief to be appointed by the City Manager and to serve at the pleasure of the City Manager.
(`90 Code, § 8-76)
Subject to the supervision of the City Manager, the Chief of the Fire Department shall have general control of the Department, the personnel and apparatus.
(`90 Code, § 8-77)
The Chief of the Fire Department, personally or through his or her designee, shall:
(A) Proceed immediately to the scene of any fire and take active charge of the firefighting thereof and supervise and direct the extinguishing thereof.
(B) Maintain in good repair all equipment of the Fire Department.
(C) Compel, if necessary, all officers of the city to aid in the extinguishing of fires.
(D) Enforce all rules and ordinances relative to fire prevention.
(E) Perform all duties assigned to the Fire Inspector.
(F) Oversee training of Fire Department personnel and trained volunteers.
(`90 Code, § 8-78)
The Chief of the Fire Department may enter any building or premises for the purpose of making an inspection or investigation under the provisions of this chapter under the following circumstances:
(A) When the owner or person lawfully occupying the property consents to the inspection;
(B) Pursuant to a warrant obtained in accordance with G.S. § 15-27.2 et seq.; or
(C) When the Chief determines that an emergency exists because the premises to be investigated poses an immediate threat to the safety of persons or property.
(`90 Code, § 8-79)
The Fire Chief shall report annually to the City Manager the name, residence and occupation of all firefighters; the number of fire calls answered by each firefighter and the totals for the Department; the value of property before damage to fire and after for all fires answered; the total number of buildings inspected, and such other information as may be requested from time to time.
(`90 Code, § 8-80)
36.01 Authority of City Manager or Chief Purchasing Officer
The City Council shall delegate to the City Manager or his or her Chief Purchasing Officer the authority to do the following:
(A) Award purchase bids.
(B) Reject bids.
(C) Re-advertise to receive bids.
(D) Waive bid bond or deposit requirements and performance and payment bond requirements where this waiver is authorized by laws. The person to whom authority is delegated must comply with all the requirements in the competitive statutes. This basically allows the manager or his or her designee to award purchase contracts of any amount, except construction or repair contracts in the formal range, for the purchase of apparatus, supplies, materials and equipment.
(E) Waive the bidding requirements for the purchase of apparatus, supplies, materials or equipment from any person or entity that has, in the previous 12 months, after having completed a public, formal bid process substantially similar to that required by G.S. § 143-129, contracted to furnish the apparatus, supplies, materials or equipment to:
(1) The United States of America or any federal agency;
(2) The State of North Carolina or any agency or political subdivision of the state;
(3) Any other state or any agency or political subdivision of that state, if the person or entity is willing to furnish the items at the same or more favorable prices, terms and conditions as those provided under the contract with the other unit or agency, under the procedures and circumstance provided for in G.S. § 143-129(g)(3). This is commonly know as a "Piggybacking" clause, if the person or entity is willing to furnish the items at the same or more favorable pricing. The piggybacking authority has several restrictions. Any item using this clause must be awarded at a regularly scheduled meeting, and notice of intent to use this method of award must be published ten days prior to the meeting. The provision authorizing the Council to delegate the authority to award contracts does not apply to purchases made under this authority.
(F) Increase the limits for receiving formal bids for the purchase of apparatus, supplies, materials or equipment to $50,000, as allowed under state statue.
(G) Declare as surplus, personal property valued at less than $5,000 for any one item or group of items, set its fair market value and dispose of it by private negotiation and sale or exchange, with the following exception; no city employee, department head, elected city official or any person having connections to the city may purchase city personal property declared surplus.
(H) To have the option to include in the specifications for the purchase of apparatus, supplies, materials or equipment an opportunity for bidders to purchase as "trade-in" specified personal property owned by the city, if available, and approve the award of a contract for both the purchase of the apparatus, supplies, materials or equipment and the sale of the trade-in property.
(I) Waive the bidding requirements for the purchase of apparatus, supplies, materials or equipment when the performance of price competition for a product is not available; when a needed product is available from only one source; or when standardization or compatibility is the overriding consideration. Contracts awarded under the sole source award must also be awarded at a regularly scheduled meeting. The provision authorizing the Council to delegate the authority to award contracts does not apply to purchases under this authority.
(J) No city surplus property shall be donated to any individual or organization. All surplus property shall be sold by methods provided for in G.S. Ch. 160A. Exception: any declared surplus property items left behind after auction sales, whether sold or not, shall be disposed of by any means the city sees fit, if left for five consecutive days or longer.
37.01 Function of plan
37.03 Plan review; amendment