Title
Adopt a Resolution of Intent to Consider Amending the City Charter by Ordinance to Change the Form of Government
Action
Action:
A. Adopt a Resolution of Intent to Consider Amending the City Charter by Ordinance to Change the Form of Government by:
1. Increasing the terms of office of Mayor and City Councilmembers from two years to four years,
2. Staggering the election terms,
3. Adding an additional district member, and
B. Adopt the Resolution of Intent with the condition that any adoption of the ordinance amending the city character shall be effective only upon approval by a vote of the people, and
C. Set a public hearing on the above Resolution of Intent for March 13, 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
Explanation
- 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; permissible 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 council members does not exceed 12.
§ NC General Statute 160A-102 specifies the procedures for amending the city charter by adopting an ordinance to implement changes allowed by law.
- By law, the resolution of intent must include the proposed ordinance amendments to the city charter and shall describe each briefly but completely and with reference to the pertinent provisions of N.C.G.S. 160A-101.
- For this action, Council must decide on the following statutory options:
- Term of office of the mayor; at least two years, but no more than four years (N.C.G.S. 160A-101(8))
- Term of office of councilmembers; from two to four years (N.C.G.S. 160A-101(4));
- 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 office and set timeframe for when staggering begins (i.e., mayor, at-large, or districts) (N.C.G.S. 160A-101(4));
- Adding an additional district member to council (N.C.G.S. 160A-101(5)).
§ The current form of government includes:
- Term of office of the mayor: two years
- Term of office of councilmembers: two years
- Election cycle: every two years in odd-numbered years for all offices
- Number of members of council: 12 total elected officials: mayor plus four at-large representatives, and seven district representatives.
Action B
- City Council may, but is not required by law to, make adoption of any ordinance amending the city charter effective only if approved by a vote of the people and may adopt a resolution at that time to call a special election to submit the ordinance to a vote (ballot referendum).
- If the ordinance to change the form of government is adopted without being submitted for a vote of the people and a referendum petition is submitted bearing the signatures of 5,000 qualified voters, state law requires that Council shall submit the ordinance to a vote of the people.
- If a public vote is required, whether by Council action or a referendum petition, state law requires that the vote must take place at the next general election (November 7, 2023).
Action C:
- At adoption of the resolution of intent, Council shall also call a public hearing on the proposed amendments to the city charter and the hearing shall be held within 45 days of adoption.
- A notice of the 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.
- Within 60 days of the public hearing, but no sooner than the next regular meeting of City Council, Council may adopt the ordinance amending the city charter to implement what is proposed in the resolution of intent.
Committee Discussion
§ 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 CAGC report recommended increasing council terms to four years; staggering election terms and 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.
§ 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 the 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 to adopt an ordinance amending the city charter subject to a vote of the people. (Approved - 3:0, Anderson and Bokhari absent)
Council Session Discussion
§ At the January 3, 2023 City Council Committee 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 on 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)
Attachment(s)
-Council Budget, Governance, and Intergovernmental Committee presentation January 3, 2023
-Resolution of Intent