GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S D
SENATE BILL DRS35086-LMx-58
Short Title: Pinetops Charter Revised & Consolidated. (Local)
Sponsors: Senator Smith (Primary Sponsor).
Referred to:
*DRS35086 -LMx-58*
A BILL TO BE ENTITLED 1
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF 2
PINETOPS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. The Charter of the Town of Pinetops is revised and consolidated to 5
read: 6
"THE CHARTER OF THE TOWN OF PINETOPS. 7
"ARTICLE I. INCORPORATION AND CORPORATE POWERS. 8
"Section 1.1. Incorporation. The Town of Pinetops, in Edgecombe County, North Carolina, 9
and the inhabitants thereof, shall continue to be a municipal body politic and corporate under the 10
name of the "Town of Pinetops," hereinafter referred to as the "Town." 11
"Section 1.2. Grant and Exercise of Powers. (a) General Powers. The Town shall 12
continue to be vested with all of the property and rights in property belonging to the Town; shall 13
have perpetual succession; may sue and be sued; may contract and be contracted with; may 14
acquire and hold any property, real and personal, devised, bequeathed, sold, or in any manner 15
conveyed, dedicated to, or otherwise acquired by them; and, from time to time, may hold, invest, 16
sell, or dispose of the same; may have a common seal, and alter and renew the same at will. The 17
enumeration of any particular powers, rights, or authorities shall not be held or deemed to be 18
exclusive. In addition to any powers, rights, or authorities enumerated or implied under this 19
Charter, the Town shall have and may exercise all the powers, functions, duties, rights, privileges, 20
and immunities of every kind and nature whatsoever conferred upon the Town under the general 21
laws of the State of North Carolina, local acts applicable to the Town, and this Charter. 22
(b) Manner of Exercise. All powers of the Town, whether expressed or implied, shall be 23
exercised in the manner prescribed by the general laws of the State of North Carolina, local acts 24
applicable to the Town, and this Charter or, if not prescribed therein, in the manner provided by 25
ordinance, resolution, or other official act of the Town's governing body. 26
"Section 1.3. Corporate Boundaries. The corporate boundaries of the Town shall be those 27
existing on the effective date of this Charter, as the same may be modified and updated from time 28
to time. The official corporate limits shall be set forth and delineated either on the official map 29
of the Town corporate limits, by a written narrative description of the corporate limits, or through 30
a combination of such techniques. Such official description of the corporate limits shall be kept 31
and retained permanently in the office of the Town Clerk. Modifications to the official corporate 32
limits shall be indicated by appropriate entries upon, or additions to, the map or description, made 33
by or under the direction of the Town Clerk, in the manner prescribed by law. Upon alteration of 34
the corporate limits pursuant to law, the appropriate changes to the official map shall be made, 35
FILED SENATE
Feb 27, 2025
S.B. 206
PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRS35086-LMx-58
and copies shall be filed in the office of the Secretary of State, the Edgecombe County Register 1
of Deeds, and the Edgecombe County Board of Elections. 2
"ARTICLE II. GOVERNING BODY. 3
"Section 2.1. Mayor and Board; Powers. The Board of Commissioners (hereinafter 4
"Board") and the Mayor shall be the governing body of the Town. The Board shall consist of five 5
members and the Mayor, each to be elected at-large in the manner provided in Article III of this 6
Charter. All powers of the Town shall be vested in and exercised by the Mayor and Board. 7
"Section 2.2. Terms of Mayor and Board. The Mayor shall be elected to serve for a 8
four-year term, as provided in Article III of this Charter. Each Board member shall serve a 9
four-year term, and the terms shall be staggered, as provided in Article III of this Charter. The 10
Mayor and Board members shall continue to serve until their successors are chosen and qualified. 11
"Section 2.3. Duties of the Mayor; Mayor Pro Tempore. (a) The Mayor shall preside at 12
all meetings of the Board; shall have a casting vote only in case of an equal division; shall be 13
recognized as the official head of the Town for all ceremonial purposes; shall have power to 14
administer oaths; shall execute all official instruments and documents of the Town, unless that 15
authority has been delegated to another official of the Town by the general laws of North Carolina 16
or a Town ordinance; and shall exercise such other powers and perform such other duties as are 17
or may be conferred and imposed upon the office of Mayor by the general laws of North Carolina, 18
this Charter, or the ordinances of the Town, not inconsistent therewith. 19
(b) At its first regular meeting following the regular municipal elections held as provided 20
in Article III of this Charter, the Board shall choose one of its members to serve as Mayor Pro 21
Tempore. A Board member serving as Mayor Pro Tempore shall be entitled to vote on all matters 22
and shall be considered a Board member for all purposes, including whether a quorum is present. 23
"Section 2.4. Residency Qualification; Compensation. (a) No person shall be eligible 24
to file for or be elected to the office of Mayor or Board, or to serve as such, unless he or she is a 25
qualified voter of the Town. 26
(b) In accordance with general law, the Board may provide for and fix the amount of 27
compensation for the Mayor. 28
"Section 2.5. Meetings; Procedure; Adoption of Ordinances; Organizational Meeting; 29
Oaths. (a) The organizational meeting of the Board shall be held at the time of the first regular 30
meeting of the Board following each regular municipal election. At the organizational meeting, 31
or otherwise before entering upon the duties of their respective offices, the Mayor-elect and 32
each Board member-elect shall take the oath prescribed by general law before a person 33
authorized by law to administer oaths. 34
(b) The Board shall fix suitable times for its regular meetings, which shall be at least once 35
each month. The Board may change the time of the regular meetings as it deems necessary. 36
Special meetings of the Board may be held in accordance with applicable general law regarding: 37
(i) the authority for special meetings; (ii) procedures for calling; (iii) notice of such meetings; 38
and (iv) conditions upon matters to be addressed at special meetings. Minutes shall be kept of the 39
proceedings of all regular and special meetings. Subject to applicable provisions of Article 33C 40
of Chapter 143 of the General Statutes, the Open Meetings Law of North Carolina, all meetings 41
of the Board shall be open to the public. The Board shall have the authority to adopt rules of 42
procedure not inconsistent with applicable general law, provisions of this Charter, or generally 43
accepted principles of parliamentary procedure. 44
(c) The Board may adopt and provide for the execution of such ordinances, resolutions, 45
rules, and regulations, not inconsistent with general law, local acts applicable to the Town, or the 46
provisions of this Charter, as may be necessary or appropriate for the preservation and promotion 47
of the health, safety, and welfare of the Town and its inhabitants. 48
"Section 2.6. Quorum and Voting Requirements. In the transaction of Board business, the 49
presence of a quorum, whether a Board member may be excused from voting on any matter, and 50 General Assembly Of North Carolina Session 2025
DRS35086-LMx-58 Page 3
other voting rules and requirements shall be determined in accordance with applicable provisions 1
of general law. 2
"Section 2.7. Vacancies. A vacancy in the office of Mayor or Board shall be filled as 3
provided in G.S. 160A-63. 4
"ARTICLE III. ELECTIONS. 5
"Section 3.1. Regular Municipal Elections. Regular municipal elections shall be held in 6
each odd-numbered year in accordance with the uniform municipal election laws of North 7
Carolina in Chapter 163 of the General Statutes. Elections shall be conducted on a nonpartisan 8
basis and the results determined using the nonpartisan plurality method as provided in 9
G.S. 163-292. 10
"Section 3.2. Special Elections. Special elections may be held only as provided by general 11
law or local acts applicable to the Town. 12
"Section 3.3. Election of Mayor. A Mayor shall be elected every four years and shall serve 13
a four-year term. 14
"Section 3.4. Election of Board. All members of the Board shall be elected at-large by the 15
qualified voters of the Town and shall each serve staggered four-year terms. In 2025, and every 16
four years thereafter, two Board members shall be elected. In 2027, and every four years 17
thereafter, three Board members shall be elected. 18
"ARTICLE IV. ORGANIZATION AND ADMINISTRATION. 19
"Section 4.1. Form of Government. The Town shall operate under the mayor-council form 20
of government in accordance with Part 3 of Article 7 of Chapter 160A of the General Statutes. 21
"Section 4.2. Town Administrator. The Board may appoint a Town Administrator to 22
perform such duties as assigned by the Board. 23
"Section 4.3. Town Attorney. The Board shall appoint one or more persons to serve as Town 24
Attorney. The Town Attorney shall serve at the pleasure of the Board and shall be its legal 25
adviser. The Town Attorney shall also serve as legal counsel to the Town and its departments 26
and offices. As directed by the Board, the Town Attorney shall represent the Town in all 27
litigation and legal proceedings before courts of law, administrative boards and commissions, 28
and other legal tribunals. The Town Attorney shall perform such other duties of a legal nature 29
pertaining to the Town, as may be directed by the Board, or as may be imposed by law upon 30
the Town Attorney. The Board may engage other attorneys to provide legal services for the 31
Town as it deems advisable. 32
"Section 4.4. Town Clerk. The Board shall appoint a Town Clerk to give notice of meetings 33
of the Board, to make and maintain full and accurate minutes of the proceedings of the Board, to 34
be the custodian of all books, records, documents, and other Town records, and to surrender the 35
same to his or her successor in office. The Town Clerk shall be the custodian of the official seal 36
of the Town and shall affix the official seal to, and attest on behalf of the Town the execution of, 37
all deeds, contracts, and other official documents, all in accordance with applicable laws and 38
ordinances. The Town Clerk shall perform such other duties as provided by general law and as 39
directed by the Board. 40
"Section 4.5. Finance Director. The Board shall appoint an administrative officer of the 41
Town to perform the duties of the finance officer under State law. The Finance Director shall 42
perform such other duties as may be assigned by general law, directed by the Board, or prescribed 43
by rules and regulations of the North Carolina Local Government Commission. 44
"Section 4.6. Consolidation of Offices. The Board may create, change, abolish, and 45
consolidate offices, positions, departments, councils, commissions, and agencies of Town 46
government and generally organize and reorganize Town government in order to promote orderly 47
and efficient administration of Town affairs, except as may be otherwise provided by this Charter 48
and by the applicable general laws of the State of North Carolina. 49
"ARTICLE V. CONTRACTS AND FINANCE. 50 General Assembly Of North Carolina Session 2025
Page 4 DRS35086-LMx-58
"Section 5.1. Contracts According to General Law. All contracts awarded by the Town 1
shall be executed in accordance with the provisions of the General Statutes, local acts applicable 2
to the Town, or the provisions of this Charter. 3
"Section 5.2. Official Depository for Town Funds; Control and Management of Town 4
Accounts. All moneys received by the Town, or in connection with the business of the Town, 5
shall be paid promptly into the Town's depository. The Town's official depository shall be an 6
institution designated by the Board in accordance with applicable general laws, including, 7
without limitation, laws regarding qualifications for the selected depository, the security for 8
deposits, and interest thereon. All interest on moneys belonging to the Town shall accrue to the 9
benefit of the Town. All moneys and accounts of the Town shall be maintained, managed, held, 10
disbursed, and invested in accordance with applicable provision of this Charter and the general 11
law of the State of North Carolina. 12
"Section 5.3. Annual Audit. In accordance with applicable statutes, as soon as possible after 13
the close of each fiscal year, an independent audit shall be conducted of all accounts of the Town. 14
Such audit shall be performed by a qualified individual or firm to be selected by the Board. The 15
firm or individual selected to perform the audit shall have no personal interest, directly or 16
indirectly, in the affairs of the Town or of any of its officers and shall otherwise satisfy all 17
applicable legal and professional standards and requirements for this work." 18
SECTION 2. The purpose of this act is to revise the Charter of the Town of Pinetops 19
and to consolidate certain acts concerning the property, affairs, and government of the Town. It 20
is intended to continue without interruption those provisions of prior acts that are expressly 21
consolidated into this act, so that all rights and liabilities which have accrued are preserved and 22
may be enforced. 23
SECTION 3. This act does not repeal or affect any acts concerning the property, 24
affairs, or government of public schools or any acts validating official actions, proceedings, 25
contracts, or obligations of any kind. 26
SECTION 4. Chapter 64 of the Private Laws of 1921 (Extra Session), having served 27
the purpose for which it was enacted or having been consolidated into this act, is expressly 28
repealed. The provisions of this act shall have no effect on the validity of Chapter 577 of the 29
Session Laws of 1963. 30
SECTION 5. The Mayor and members of the Board of Commissioners of the Town 31
of Pinetops serving on the date this act becomes law shall serve until the expiration of their terms 32
or until their successors are elected and qualified. Thereafter, those offices shall be filled as 33
provided in Articles II and III of the Charter contained in Section 1 of this act. 34
SECTION 6. This act does not affect any rights or interests that arose under any 35
provisions repealed by this act. 36
SECTION 7. All existing ordinances, resolutions, and other provisions of the Town 37
of Pinetops not inconsistent with the provisions of this act shall continue in effect until repealed 38
or amended. 39
SECTION 8. Whenever a reference is made in this act to a particular provision of 40
the General Statutes and the provision is later amended, superseded, or recodified, the reference 41
shall be deemed amended to refer to the amended General Statute or to the General Statute that 42
most clearly corresponds to the statutory provision that is superseded or recodified. 43
SECTION 9. If any provision of this act or application thereof is held invalid, such 44
invalidity shall not affect other provisions or applications of this act that can be given effect 45
without the invalid provision or application and, to this end, the provisions of this act are declared 46
to be severable. 47
SECTION 10. This act is effective when it becomes law. No action or proceeding 48
pending on the effective date of this act by or against the Town of Pinetops or any of its 49
departments or agencies shall be abated or otherwise affected by this act. 50