§ 160A-101. Optional forms. - North Carolina Statutes

Part 4. Modification of Form of Government.

§ 160A‑101.  Optional forms.

Any city may change its name or alter its form of government byadopting any one or combination of the options prescribed by this section:

(1)        Name of the corporation:

The name of the corporation may be changed to any namenot deceptively similar to that of another city in this State.

(2)        Style of the corporation:

The city may be styled a city, town, or village.

(3)        Style of the governing board:

The governing board may be styled the board ofcommissioners, the board of aldermen, or the council.

(4)        Terms of office of members of the council:

Members of the council shall serve terms of office ofeither two or four years. All of the terms need not be of the same length, andall of the terms need not expire in the same year.

(5)        Number of members of the council:

The council shall consist of any number of members notless than three nor more than 12.

(6)        Mode of election of the council:

a.         All candidates shall be nominated and elected by all thequalified voters of the city.

b.         The city shall be divided into single‑member electoraldistricts; council members shall be apportioned to the districts so that eachmember represents the same number of persons as nearly as possible, except formembers apportioned to the city at large, if any; the qualified voters of eachdistrict shall nominate and elect candidates who reside in the district forseats apportioned to that district; and all the qualified voters of the cityshall nominate and elect candidates apportioned to the city at large, if any.

c.         The city shall be divided into single‑member electoraldistricts; council members shall be apportioned to the districts so that eachmember represents the same number of persons as nearly as possible, except formembers apportioned to the city at large; and candidates shall reside in andrepresent the districts according to the apportionment plan adopted, but allcandidates shall be nominated and elected by all the qualified voters of thecity.

d.         The city shall be divided into electoral districts equal innumber to one half the number of council seats; the council seats shall bedivided equally into "ward seats" and "at‑largeseats," one each of which shall be apportioned to each district, so thateach council member represents the same number of persons as nearly aspossible; the qualified voters of each district shall nominate and electcandidates to the "ward seats"; candidates for the "at‑largeseats" shall reside in and represent the districts according to theapportionment plan adopted, but all candidates for "at‑large"seats shall be nominated and elected by all the qualified voters of the city.

e.         The city shall be divided into single‑member electoraldistricts; council members shall be apportioned to the districts so that eachmember represents the same number of persons as nearly as possible, except formembers apportioned to the city at large, if any; in a nonpartisan primary, thequalified voters of each district shall nominate two candidates who reside inthe district, and the qualified voters of the entire city shall nominate twocandidates for each seat apportioned to the city at large, if any; and allcandidates shall be elected by all the qualified voters of the city.

If either of options b, c, d or e is adopted, thecouncil shall divide the city into the requisite number of single‑memberelectoral districts according to the apportionment plan adopted, and shallcause a map of the districts so laid out to be drawn up and filed as providedby G.S. 160A‑22 and 160A‑23. No more than one half of the councilmay be apportioned to the city at large. An initiative petition may specify thenumber of single‑member electoral districts to be laid out, but thedrawing of district boundaries and apportionment of members to the districtsshall be done in all cases by the council.

(7)        Elections:

a.         Partisan. – Municipal primaries and elections shall beconducted on a partisan basis as provided in G.S. 163‑291.

b.         Nonpartisan Plurality. – Municipal elections shall beconducted as provided in G.S. 163‑292.

c.         Nonpartisan Election and Runoff Election. – Municipalelections and runoff elections shall be conducted as provided in G.S. 163‑293.

d.         Nonpartisan Primary and Election. – Municipal primaries andelections shall be conducted as provided in G.S. 163‑294.

(8)        Selection of mayor:

a.         The mayor shall be elected by all the qualified voters ofthe city for a term of not less than two years nor more than four years.

b.         The mayor shall be selected by the council from among itsmembership to serve at its pleasure.

Under option a, the mayor may be given the right tovote on all matters before the council, or he may be limited to voting only tobreak a tie. Under option b, the mayor has the right to vote on all mattersbefore the council. In both cases the mayor has no right to break a tie vote inwhich he participated.

(9)        Form of government:

a.         The city shall operate under the mayor‑council form ofgovernment in accordance with Part 3 of Article 7 of this Chapter.

b.         The city shall operate under the council‑manager formof government in accordance with Part 2 of Article 7 of this Chapter and anycharter provisions not in conflict therewith. (1969, c. 629, s. 2; 1971, c. 698, s. 1; c. 1076, s.1; 1973, c. 426, s. 19; c. 1001, ss. 1, 2; 1975, c. 19, s. 64; c. 664, s. 6.)