A BILL TO BE ENTITLED
AN ACT amending the charter of the city of statesville to modify the powers and duties of the civil service board.
The General Assembly of North Carolina enacts:
SECTION 1.  The Charter of the City of Statesville, being S.L. 1977‑289, as amended by S.L. 1981‑799, reads as rewritten:
"CIVIL SERVICE BOARD.
"Sec. 5.1. Members; Term of Office. The Civil Service Board of the City, hereinafter referred to as the 'Board', shall consist of five members. Terms shall begin on the first day of July and expire on the last day of June. 
The present members of the Board shall continue to serve until their present terms expire. That person appointed to fill the first term expiring shall be appointed to a three‑year term. Of those appointed to the next three terms expiring, one shall serve a one‑year term, one shall serve a two‑year term, and one shall serve a three‑year term. That person appointed to fill the last present term expiring shall serve a three‑year term. These staggered terms are to ensure that a majority of the terms shall not expire during the same year. After the expiration of the term of these appointments, all appointments shall be for a three‑year term. 
"Sec. 5.2. Appointment of Members; Vacancies; Reappointments. All members of the Board shall be appointed by the senior Resident Judge of the Superior Court of the Judicial District of which Iredell County is a part. Vacancies on the Board shall be filled by appointment in the same manner, and any member appointed to fill a vacancy shall serve the remainder of the unexpired term. No member of the Board, after having served a full two or three‑year term, shall be eligible for reappointment to the next succeeding term. 
"Sec. 5.3. Qualifications; Removal From Office. Any person, other than a member of the City Council, an elective officer, a member or employee of the police or fire department, or an employee of the City, who is a qualified voter in the municipal elections in the City, shall be eligible for membership on the Board; provided that at least two members shall be of a political party different from that of the majority of the Board. Each member of the Board shall take an oath (or affirmation) for the faithful discharge of the duties of his office. The members of the Board shall be subject to removal from office by the senior Resident Superior Court Judge for any cause which, in his discretion, makes such removal in the best interests of the public. 
"Sec. 5.4. Election of Officers; Duties; Records Open to Public. The Board shall elect from its membership a chairman and a secretary for a term of one year. The chairman shall preside at all meetings of the Board. The secretary shall keep the minutes of the proceedings of the Board and shall be the custodian of all papers and records pertaining to the business of the Board, and shall perform such other duties as the Board may direct. All of the records of the Board shall be open to public inspection, during normal business hours at their place of keeping, except where otherwise prohibited by law. 
"Sec. 5.5. Powers and Duties. The Board shall hear grievances as to promotions, demotions, suspensions, and terminations of members of the fire and police departments. 
"Sec. 5.6. Compensation. The members of the Board shall receive as compensation for each meeting the sum of fifteen dollars ($15.00). 
"Sec. 5.7. Rooms and Clerical Help. The City shall provide suitable rooms for the Board and shall provide all necessary clerical and stenographic help and all stationery, forms, and other supplies needed by the Board, and shall allow such reasonable use of the facilities of the City as may be necessary for the proper conduct of its affairs. 

 

"Sec. 5.13. Chiefs. The City Manager shall hire and may terminate the Chiefs of the fire and police departments. If a vacancy occurs in the position of Chief and a new Chief is not immediately appointed, an acting Chief shall be appointed by the City Manager from within the department. The acting Chief shall have all the powers, duties and responsibilities as does the Chief. The acting Chief may be removed from office at any time by the City Manager, in which case he or she shall be restored to his former position. 
"Sec. 5.14. Suspension of Fire and Police Chiefs. The City Manager shall be responsible for the hiring, firing, and discipline of the police and fire Chiefs.
"Sec. 5.14.1. Hiring Members of Police and Fire Departments; Promotions. The Chiefs of the police and fire departments shall hire the members of their respective departments. All promotions shall be by competitive examination within the departments and shall be made by the respective Chiefs.
"Sec. 5.15. Suspensions; Demotions; Terminations. The Chief of the police or fire department may suspend, demote, or terminate from employment any member of their respective departments for the infraction of any departmental rules and regulations. The Chief may also suspend a departmental employee during the investigation, hearing, or trial of said employee on any criminal charge, when suspension would be in the best interest of the department; where the suspension is terminated by full reinstatement of the employee, back pay shall be recoverable. Suspensions for an infraction of departmental rules and regulations of more than 15 days at any one time, or one which would make the total number of days suspended exceed 25 during any six‑month period; demotions in rank and terminations may be appealed to the Board, upon written request filed with the respective Chief within three days of notification of the disciplinary action taken. The rules and regulations of each department may provide for appeals in the case of all suspensions for infractions of departmental rules and regulations; the Board shall have the power to hear such appeals. Upon notification of an appeal, the Board may make such investigation as it may direct and shall hold a hearing at which the accused shall be given an opportunity to be heard and present evidence in his own behalf. The Board shall have power to subpoena witnesses and compel testimony. 
The board shall have the authority to sustain the disciplinary action imposed by the chief or vacate the same or impose such disciplinary action as it may determine; provided that no such action shall become final until it is concurred by the city council.
 Any probationary employee of either department may be summarily discharged by the Chief of that department with no right to appeal to the Board.
Decisions regarding disciplinary actions made by the Chiefs, where no right to appeal exists, and all decisions of the Board under this section, shall be final and not subject to judicial review.
This section shall not apply to terminations due to a reduction in personnel.
"Sec. 5.16. Political Activity. No member or employee of the police department or the fire department shall contribute to or take part in any manner, directly or indirectly, in any election or function involving the election of a candidate for municipal office, other than casting his secret ballot. 
No employee of the police department or the fire department shall seek a political office while employed as a member of either department, and shall not be granted a leave of absence prior to offering for election. Such employee shall automatically be dropped from the payroll of the City on the date the filing fee is paid to the Election Board."
SECTION 2.  This act applies to the City of Statesville only.
SECTION 3.  This act is effective when it becomes law.