CHAPTER 3 -
ADMINISTRATION
Article I - General Administration
Section 3-1 Mayor...............................................................................................................
Section 3-2 Mayor Pro Tempore..........................................................................................
Section 3-3 Town Manager..................................................................................................
Section 3-4 Town Clerk.......................................................................................................
Section 3-5 Town Attorney. ................................................................................................
Article
II - Finance
Section 3-7 Finance Officer................................................................................................
Section 3-8 Budget Officer..................................................................................................
Section 3-9 Tax Collector....................................................................................................
Article
III - Personnel
Section 3-12 Personnel Responsibilities of Board...............................................................
Section 3-13 Personnel Officer...........................................................................................
Article
IV - Public Safety
Section 3-16 Police Department..........................................................................................
Section 3-17 Fire Department..............................................................................................
Article
V - Planning and Regulation of Development
Section 3-20 Building Inspections Department....................................................................
Section 3-21 Permit Fees.....................................................................................................
Section 3-22 Condemnation of Unsafe Buildings................................................................
Section 3-23 Planning Board, Board of Adjustment,
Appearance Commission....................
Article
VI - Public Works and Utilities
Section 3-26 Public Works Department...............................................................................
Section 3-27 Water and Sewer Department.........................................................................
Article
VII - Recreation
Section 3-30 Parks and Recreation Department..................................................................
Article
VIII - Miscellaneous
Section 3-40 Oaths and Bonds of Officers and Employees..................................................
(A) The mayor is the ceremonial
head of the town and shall, in addition:
(1)
Keep himself informed as to the town's business;
(2) Preside over the meetings of the Board in accordance with
Section 2-8 of this code;
(3)
Sign all contracts, franchises or paper writings authorized by the
Board;
(4)
Vote to break a tie when there is an equal division of the Board upon
any question;
(5)
Administer oaths as provided in Section 3-40 of this code; and
(6) Perform any other duties conferred upon him by the Board
pursuant to law.
At the organizational meeting the Board shall elect from among its
members a mayor pro tempore, who shall serve at the pleasure of the Board and
who shall, in case of absence or incapacitation of the mayor, perform all the
duties of the mayor. A Board member
serving as mayor pro tempore shall be considered a Board member for all
purposes and shall be entitled to vote on all matters but may not, as presiding officer, vote to break a tie he helped to create.
(A) Appointment. The Board of Commissioners shall appoint
an administrative officer whose title shall be Town Manager. The Town manager shall be appointed with
regard to merit only and need not be a resident of the town at the time of the
appointment. It is desirable that the
Town Manager, upon appointment, be a resident within the corporate limits of
the town, however the Town Manager shall be required
to reside within the Blowing Rock Fire District. The Mayor or any member of the Board of
Commissioners shall not be eligible for appointment as Town Manager.
(B) Combined Office; Term;
Compensation. The office of Town Manager may be
combined with any other town office and the manager shall perform the duties of
such other offices as may be directed by the Board of Commissioners and shall
receive such compensation as the board may by ordinance determine.
(C) Duties. The Town Manager shall perform the
following duties:
(1) He
shall be the chief administrative officer of the town government responsible to
the Mayor and Board of Commissioners for the performance of his duties. The Manager shall perform or supervise the
performance of all administrative affairs of the town as he may be authorized
and directed so to do by the Mayor and the Board of Commissioners.
(2) He
shall attend all regular and committee meetings of the Board of
Commissioners. In addition, he shall
attend all meetings of the town's appointed commissions when requested by the
Mayor and the Board of Commissioners.
(3) He
shall make investigations and reports concerning town government affairs for
the Mayor and Board as they may direct and as the manager shall from time to
time deem necessary.
(4) He
shall act as the town planner and oversee the zoning enforcement activities,
and shall act as staff and advisor to the Blowing Rock Planning Board and Board
of Adjustments.
(5) He
shall coordinate the activities of all departments and direct superintendents
and other town employees in performance of their duties and functions as may be
required.
(6)
He/She shall appoint and suspend or remove all city officers and
employees not elected by the people, and whose appointment or removal is not
otherwise provided for by law, except the city attorney, in accordance with
such general personnel rules, regulations, policies, or ordinances as the Board
of Commissioners may adopt. [Amended May
9,1995]
(7)
The Town Manager shall make routine and unscheduled visits to all
departments, including the Water and Sewer operations, to determine their
operating efficiency. In keeping with
the administrative function of the position, a high level of civic involvement
and interaction with the community, county, and state affairs is deemed
appropriate, excluding any political involvement or campaigning that could
compromise the professional non-partisan standards imposed on members of the
International City Management Association as portrayed in the ICMA Code of
Ethics.
(8) He
shall perform such other duties and functions as the Board of Commissioners may
prescribe.
(D) Relationship With
Other Departments. The superintendents or operating heads of
the various town departments shall be directly responsible to the Town
Manager, who in turn shall be directly responsible to the Mayor and Board of
Commissioners. It is the intent of this
section to establish a line of responsibility from the superintendent or
operating department head through the Town Manager to the Mayor and Board of
Commissioners. The Town Manager is responsible for maintaining fiscal control
of the budgeted items of the various departments.
(A) Appointment. The town clerk shall be appointed by the Town
Manager and shall be supervised by the Town Manager in accordance with the
procedures set forth in the Town Employee Handbook. [Amended
May 9, 1995]
(B) Duties. The town clerk shall:
(1)
Give notice of meetings of the Board;
(2) Keep a journal of the proceedings of the Board;
(3)
Have custody of the town seal;
(4)
Record in a book kept for the purpose all ordinances and resolutions;
(5)
Keep a book for recording all deeds made to the town
(6) Be
the custodian of all town records; and
(7) Perform such other duties as are prescribed by law or by the
town charter or by the Board.
(A) Appointment. The town attorney shall be appointed by the
Board and shall serve at its pleasure.
(B) Duties. The town attorney shall:
(1)
Represent the town in litigation;
(2) Advise the mayor, Board, or any other officer of the town in
regard to matters connected with the town's business;
(3)
Attend meetings of the Board when requested to do so;
(4)
Draw such deeds, contracts, bonds, notes and other legal papers as may
be required for the proper conduct of the town's business;
(5) Draw all ordinances granting franchises;
(6) Approve
all ordinances as to form before their introduction; and
(7)
Perform such additional duties as the Board may prescribe from time to
time.
Section 3-6 Reserved.
(A) Appointment. Unless otherwise provided by the Board, the
duties of town finance officer are hereby conferred upon the town clerk.
(B) Duties. The duties of the finance officer shall be
to:
(1)
Keep the town's accounts in accordance with generally accepted
principles of governmental accounting and the rules and regulations of the
Local Government Commission;
(2) Disburse all funds of the town in strict compliance with the
Local Government Budget and Fiscal Control Act, the budget ordinance, and each
project ordinance, and pre-audit obligations and disbursements as required by
the Local Government Budget and Fiscal Control Act;
(3)
Prepare and file with the Board a statement of the financial condition
of the town whenever requested to do so by the Board;
(4)
Receive and deposit all monies accruing to the town and supervise the
receipt and deposit of money by other duly authorized officers or employees;
(5)
Maintain all records concerning the town's bonded debt, and determine
the amount of money that will be required for debt service during each fiscal
year, and maintain all sinking funds;
(6)
Supervise the investment of the town's idle funds; and
(7)
Perform such other duties as may be assigned to him by law, the budget
officer, the Board, or by rules and regulations of the Local Government
Commission.
(A) Appointment. Unless otherwise provided by the Board, the
duties of town budget officer are hereby conferred upon the town clerk.
(B) Duties. The budget officer shall perform those duties
and responsibilities assigned to him by the Local Government Budget and Fiscal
Control Act (Article III of G.S. 159).
(A) Appointment. At its organizational meeting the Board shall
appoint a tax collector to serve for a term of two years and until his
successor has been appointed and qualified.
The Board may remove the tax collector under the circumstances and in
accordance with the procedure specified in G.S. 105-349(a). The tax collector shall not begin his duties
until he has furnished a bond in accordance with G.S. 105-349(c), nor shall he
continue collecting taxes after such bond has expired without renewal.
(B) Duties. In addition to other duties and
responsibilities provided by law, the tax collector shall:
(1)
Employ all lawful means to collect all property, dog license, privilege,
and franchise taxes with which he is charged by the Board;
(2)
Perform such duties in connection with the preparation of the tax
records and tax receipts as the Board may direct under the provisions of G.S.
105-319 and G.S. 105-320;
(3)
Keep adequate records of all collections he makes;
(4)
Account for all monies coming into his hands, in such form and detail as
may be required by the finance officer;
(5)
Make settlement at the times required by G.S. 105-373 and at any other
times the Board may require him to do so;
(6)
Submit to the Board at each of its regular meetings a report of the
amount he has collected on each year’s taxes with which he is charged, the
amount remaining uncollected and the steps he is taking to encourage or enforce
payment of uncollected taxes.
(7)
Send bills or notices of taxes due to taxpayers if instructed to do so
by the Board; and
(8)
Visit delinquent taxpayers to encourage payment of taxes if instructed
to do so by the Board.
(C) Deputy
Tax Collector. The Board may appoint one or more deputy tax
collectors. The term of office, removal
procedures, and bonding requirements of such deputy tax collector shall be
identical to those of the tax collector.
(D) Oath of Office. The tax collector and any deputy tax
collector appointed shall take and subscribe the following oath and file it
with the town clerk:
"I, ___________________________________,
do solemnly swear (or affirm) that I will support and maintain the Constitution
and laws of the United States, and the Constitution and laws of North Carolina
not inconsistent therewith, and that I will faithfully discharge the duties of
my office as (deputy) tax collector of the Town of Blowing Rock and that I will
not allow my actions as tax collector to be influenced by personal or political
friendships or obligations, so help me God."
________________________________
Signature
Sections 3-10 and 3-11
Reserved.
(A) The Board shall, by adopting
and amending the annual budget, fix or approve the schedule of pay, expense
allowances, fringe benefits, and all other compensation of all town employees.
(B) The Board may also adopt
rules and regulations governing all aspects of the employment relationships
between the town and its employees.
(A) Unless otherwise provided by
the Board, the duties of personnel officer are hereby conferred upon the town
clerk.
(B) The personnel officer shall
be responsible for administering any pay plan adopted by the Board, recommending
to the Board the creation of new positions or the modification of the duties of
existing positions and generally administering all town policies and board
directives concerning personnel.
Sections 3-14 and 3-15
Reserved.
(A) The police department shall
consist of a chief of police and as many other police officers as may be provided
for from time to time by the Board.
(B) As provided in Article 13 of
Chapter 160A of the General Statutes, police officers shall:
(1)
Take, subscribe and file with the clerk the oath of office prescribed by
Article VI, Section 7 of the North Carolina Constitution;
(2)
Have all the powers invested in law enforcement officers by statute or
common law within the corporate limits of the town and within one mile thereof
and on all property owned or leased by the town.
Fire fighting services are provided to the town by the Blowing Rock
Volunteer Fire Department.
Sections 3-18 and 3-19
Reserved.
(A) There shall be a building
inspections department which shall have the authority and responsibility to
enforce the North Carolina State Building Code.
The building inspections department shall have the authority and shall
follow the procedures set forth in Article 19 of G.S. 160A and Chapter 1 of the
North Carolina State Building Code. From
time to time the Board may make arrangements to have the functions of the
building inspections department performed by other than town employees, as
provided in G.S. 160A-413.
(B) In addition to the authority
granted to the building inspections department in subsection (A) above, the
building inspections department shall have the authority to enforce the
provisions for swimming pools, spas, and hot tubs contained in Appendix D of
Volume VII of the North Carolina State Building Code (One and Two Family
Dwellings), which are hereby adopted by the Town of Blowing Rock. [Amended
August 12, 1997]
The Board shall establish and may revise from time to time a schedule
of fees for the issuance of permits under the North Carolina State Building
Code. This schedule of fees shall be
maintained by and shall be available for public inspection in the building
inspections department. A copy of this
schedule shall also be available in the office of the town clerk.
Buildings that appear to the inspections department to be especially
unsafe may be condemned and the owners thereof required to
take corrective action pursuant to the provisions of G.S. 160A-426
through 160A-432. In addition, the town
may summarily abate any situation found to be dangerous or prejudicial to the
public health or safety, under the authority of G.S. 160A-193 and in accordance
with the procedures set forth in Chapter 11 of this code.
The planning board, board of adjustment, and appearance commission are
established in chapter sixteen of this code.
Sections 3-24 and 3-25
Reserved.
(A) The public works department
shall consist of a public works director and as many other personnel as the
Board may authorize from time to time.
(B) The public works department
shall have such duties and responsibilities related to streets, water and sewer
lines, and other public works as the Board may assign.
(A) The water and sewer
department shall consist of a water and sewer superintendent and as many other
personnel as the Board may authorize from time to time.
(B) The water and sewer
department shall operate and maintain the town water plant and the sewage treatment
works and shall perform any related duties assigned to it by the Board.
Sections 3-28 and 3-29
Reserved.
(A) The parks and recreation
department shall consist of a parks and recreation director appointed by the
Board and as many other employees as the Board may authorize.
(B) The parks and recreation
department shall be responsible for conducting the various recreational
programs and activities run by the town and for maintaining the town's parks
and recreational facilities.
[Amended May 9,1995]
Sections 3-31 through 3-39
Reserved.
(A) All officers and employees
appointed by the Board shall serve at the pleasure of the Board except as otherwise
provided by law, and shall receive for their services such compensation as may
be established annually in the budget ordinance.
(B) The Board shall prescribe
the required bond for each officer or employee that it deems necessary to be
bonded, and no such officer or employee may begin the duties of his office
until the required bond has been obtained.
(C) All town officers shall take
the following oath before beginning their duties:
"I,
_______________________________________, do solemnly swear (affirm) that I
will support and maintain the Constitution and
laws of the
(D) This oath may be
administered by the mayor or by any other official authorized to administer
oaths by G.S. 11-7.1, and shall be subscribed and filed with the town clerk.