Title
Amending the City Charter to Change the Form of Government
Action
Action:
A. Adopt an ordinance amending the City Charter to change the form of government by:
1. Changing the terms of office for the Mayor and Councilmembers from two years to four years,
2. Staggering the election terms,
3. Adding an additional district member, and
B. Adopt an ordinance amending the City Charter to be effective only if approved by a vote of the people, and
C. Adopt a resolution to call a special election for the purpose of submitting the ordinance to a vote at the next general election, November 7, 2023.
Body
Committee Chair:
Dimple Ajmera, Budget, Governance, and Intergovernmental Relations
Staff Resource(s):
Patrick Baker, City Attorney’s Office
Lina James, City Attorney’s Office
Proposed Changes
§ NC General Statutes 160A-101 authorizes the City Council to change its form of government by adopting a resolution of intent to consider amending its city charter by ordinance; modifications include altering the terms of office of the mayor and councilmembers, staggering terms of office, and adding an additional district member so long as the number of councilmembers does not exceed 12.
§ By law, within 10 days of adoption of Actions A, B, and C, the City Clerk shall publish notice of the call for election and shall forward copies of the attached resolutions to the Mecklenburg County Board of Elections.
§ If the majority of votes cast at the election are in favor of the proposed amendments by ordinance to the City Charter, Council shall take action to adopt the ordinance which will become effective upon adoption.
§ Action A:
- NC General Statute 160A-102 specifies the procedures for amending the city charter by adopting an ordinance to implement changes allowed by law.
§ Action B:
- By law, when an ordinance is adopted and subject to a public vote, whether by Council action or a referendum petition, that vote must take place at the next general election and Council may also call for a special election for the purpose of submitting the ordinance to a vote.
§ Action C:
- The special election shall be held as required by applicable law, in this case on Tuesday, November 7, 2023.
§ The proposed ordinance amends the Charter of the City of Charlotte as set forth in Chapter 2 of the Session Law 200-26 of North Carolina and N.C.G.S. §160A-101 and §160A-102 to:
- Change the length of terms of office of the members of the Charlotte City Council from two years to four years (N.C.G.S. 160A-101(4));
- Change the length of the term of office of the mayor; at least two years, but no more than four years (N.C.G.S. 160A-101(8));
- Whether district and at-large members hold the same terms of office (N.C.G.S. 160A-101(4)).
- Whether mayor, at-large and district terms are staggered or run concurrently (N.C.G.S. 160A-101(4));
- If staggered elections, bifurcate by offices and timeframe for when staggering begins (i.e., mayor, at-large, or districts) (N.C.G.S. 160A-101(4));
§ It is proposed that at the regular municipal election to be held in 2025, that the (Mayor and At-large or all District Councilmembers) candidates shall be elected for four-year terms, while the (district Councilmembers or the Mayor and At-large) candidates shall be elected for two-year terms. At the regular municipal election to be held in (2027), and every four years thereafter that the (Mayor and At-large or the District Councilmembers) candidates shall be elected to serve for four-year terms. At the regular municipal election to be held in (2029) and every four years thereafter, the Mayor and all City Councilmembers shall be elected for four-year terms; and to change the number of Councilmembers from 11 to 12 per N.C.G.S. 160A-101.
- Adding an additional district member (N.C.G.S. 160A-101(5)).
Background
§ In 2020, at the direction of Mayor Vi Lyles and Mayor Pro Tem Julie Eiselt, the Citizen Advisory Committee on Governance (CACG) was established to review the current structure of the Charlotte City Council. The CACG provided a report of recommendations to Council in November 2020, which Council adopted in January 2021.
§ The CACG report recommended increasing council terms to four years, staggering election terms, adding an eighth district seat, and removing an at-large seat.
§ In 2021 and 2022, several of the CACG recommendations were addressed or considered by Council and Council Committees.
§ In 2021, the Budget Governance and Intergovernmental Relations (BGIR) Council Committee was tasked with reviewing certain unaddressed CACG recommendations to changes in form of government and to make recommendations for Council to consider.
§ The current form of government under Chapter 2 of the Charlotte Code of Ordinances:
- Sec. 2.01: Regular municipal elections shall be held in the City every two years in odd-numbered years and shall be conducted in accordance with the Uniform Municipal Elections Laws of North Carolina. The Mayor and members of the Council shall be elected according to the partisan election method authorized for municipalities.
- Sec. 2.02: The Mayor shall be elected to serve a term of two years. The Mayor shall be elected by the qualified voters of the City voting at large.
- Sec. 2.03: The Council shall consist of 11 members. The City shall be divided into seven single-member electoral districts; Council members shall be apportioned to the districts so that each member represents the same number of persons a nearly as possible, except for members apportioned to the City at large. The qualified voters of each district shall nominate and elect candidates who reside in the district for seats apportioned to that district, and all the qualified voters of the City shall nominate and elect candidates apportioned to the City at large. There shall be four at-large members of the City Council. All members of the Council shall serve a term of two years.
Committee Discussion
§ On December 5, 2022, and January 3, 2023, based on recommendations from the CACG and the BGIR Council Committee, the City Attorney’s Office reviewed the law, provided options and the outlined procedures to change the form of government.
§ On January 3, 2023, the BGIR Council Committee voted unanimously to recommend that full Council consider increasing mayor and council terms to four-years, stagger election terms, add an additional district member to council, and adopt an ordinance amending the city charter subject to a vote of the people. (Approved 3:0, Anderson and Bokhari absent)
Council Discussion
§ At the March 13, 2023 City Council Business Meeting, Council conducted a public hearing on Council’s adoption of the resolution of intent to change the form of government. A public hearing is required by law when City Council adopts a resolution of intent to consider changing the form of government. A notice of public hearing shall be published at least once not less than 10 days before the public hearing and shall contain a summary of the proposed amendments. As required by law, the city published notice that a public hearing would be held on March 13, 2023.
§ At the February 13, 2023 City Council Business Meeting, Council voted to:
- A. Adopt a Resolution of Intent to Consider Amending the City Charter by Ordinance to Change the Form of Government by:
§ Increasing the terms of office of mayor and councilmembers from two to four years,
§ Staggering election terms, and
§ Adding an additional district member;
- B. Adopt the Resolution of Intent with the condition that any adoption of the ordinance amending the city charter shall be effective only upon approval by a vote of the people; and
- C. Set a public hearing date on the Resolution of Intent for March 13.
§ The vote was approved 6:4 - Council members Ajmera, Anderson, Johnson, Mayfield, Watlington and MPT Winston, voted yes; Council members Bokhari, Driggs, Graham, and Molina, voted no (Mitchell absent).
§ At the January 3, 2023 City Council Discussion Session, Council received an overview of the BGIR’s Committee’s recommendations, the legal process, and a timeline for amending the city charter by ordinance.
§ A motion was made and seconded to place an upcoming Council agenda the option to adopt a resolution of intent for City Council to consider amending the city charter by ordinance to change its form of government for terms of office for mayor and councilmembers to four-years, stagger election terms, and add an additional district member to council, all subject to a vote of the people. The motion was carried by the following vote: Council members Ajmera, Mayfield, Mitchell, Molina, Watlington, and MPT Winston, voted yes; Council members Bokhari, Driggs, and Graham voted no (Anderson absent).
Attachments
Attachment(s)
Change to Length of Terms Ordinance
Change to Staggered Terms Ordinance
Change to the Number of Governing Board Members Ordinance
Resolution-Change Length of Board Members
Resolution-Change to Staggered Terms
Resolution-Change Number of Governing Board Members