Bill Text: NC H347 | 2013-2014 | Regular Session | Amended
Bill Title: Amend Greensboro Fire Retirement/Charter
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2013-07-09 - Ch. SL 2013-252 [H347 Detail]
Download: North_Carolina-2013-H347-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 2
HOUSE BILL 347
Senate Pensions & Retirement and Aging Committee Substitute Adopted 6/25/13
Short Title: Amend Greensboro Fire Retirement/Charter. |
(Local) |
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Sponsors: |
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Referred to: |
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March 20, 2013
A BILL TO BE ENTITLED
AN ACT to amend the greensboro firefighters' supplemental retirement system and to amend the charter of the city of greensboro to change certain references from building inspector to compliance officer.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 899 of the 1953 Session Laws, as amended by Chapter 289 of the 1979 Session Laws, Chapter 466 of the 1983 Session Laws, Chapter 178 of the 1987 Session Laws, and Chapter 431 of the 1993 Session Laws, reads as rewritten:
"Section 1. There is hereby created and
established a supplemental retirement system for the members of the Fire
Department of the City of Greensboro to be known as the 'Greensboro Firemen's
Firefighters' Supplemental Retirement System', hereinafter referred
to in this Act as 'supplemental retirement system.' The purpose of the creation
and establishment of the supplemental retirement system, as provided for in
this Act, shall be to increase, augment and add to the benefits received by the
firemen of the City of Greensboro who have already retired and who may
hereafter retire and become eligible for benefits under the provisions of the
North Carolina Local Governmental Employees' Retirement System in the sums and
amounts hereinafter provided under this Act. Notwithstanding the provisions of G.S. 58‑84‑35,
the board of trustees of the Firemen's Firefighters' Relief Fund
of the City of Greensboro, duly appointed under G.S. 58‑84‑30,
shall pay over to the board of trustees of the Greensboro Firemen's
Supplemental Retirements System into the Supplemental Retirement System
on July 1 of each year all sums entrusted to the Relief Fund's board of
trustees in excess of the sum of ten thousand dollars ($10,000).
"Sec. 2. The general administration and
responsibility for the proper operation of the supplemental retirement system
herein created and established and for the carrying out and making effective
the provisions of this Act are hereby vested in a board of trustees who
shall be chosen and selected as follows: the Board of Trustees of the
Firefighters' Relief Fund of the City of Greensboro, duly appointed under G.S. 58‑84‑30.
(a) Two members of said board of trustees
shall be chosen from the membership of the Greensboro Fire Department and shall
be elected by a majority vote of the uniformed members of the Fire Department
of the City of Greensboro; one of said members shall hold office for a period
of one year, and the other member so appointed shall hold office for a period
of two years; thereafter, each of said two members chosen from the Greensboro
Fire Department shall be appointed for a term of office consisting of a period
of two years each.
The members of the Board of Trustees of the Greensboro Firemen's Supplemental Retirement System serving upon the abolition of that Board shall serve as ex officio members of the Board of Trustees of the Firefighters' Relief Fund of the City of Greensboro without privilege of voting on matters before that Board.
(b) Two members shall be appointed by the
President of the Greensboro Fire Insurance Exchange; one of said members shall
hold office for a period of one year, the other member so appointed shall hold
office for a period of two years; and thereafter, each of said members shall be
appointed for a term of office consisting of a period of two years.
(c) One member of said board of trustees is
to be a member of the Greensboro City Council and shall be elected for a term
of two years by a majority vote of the City Council of the City of Greensboro.
All members of the board of trustees shall be elected or
appointed as specified in Section 2 (a), (b) and (c) prior to the third Tuesday
in May. They shall take office on the third Tuesday in May. Any member of said
board of trustees shall be eligible to succeed himself or herself, and all
vacancies occurring in the membership of the board of trustees by death,
resignation, disqualification or otherwise shall be filled by a special
election for the members elected in Section 2 (a) and (c), to fill the
unexpired term, and likewise by special appointment under Section 2 (b).
(d) The board of trustees shall be organized
immediately after the trustees provided for in this Section shall have
qualified and taken the oath of office. The board of trustees shall be a body
politic and corporate under the name of the Board of Trustees of Greensboro
Firemen's Supplemental Retirement System, and as a body politic and corporate
shall have the right to sue and be sued, shall have perpetual succession and a
common seal, and in said corporate name shall be able and capable in law to
take, receive and demand and possess all kinds of property hereinafter
specified, and to bargain, sell, grant, alien, or dispose of all such property
as it may lawfully acquire. All such property owned or acquired by said body politic
and corporate shall be exempt from all taxes imposed by the State or any
political subdivision thereof and shall not be subject to income taxes.
(e) The board of trustees Board of
Trustees may invest and deposit funds received under this act to any of
those classes of securities, including certificates of deposits, as authorized
for local government pursuant to G.S. 159‑30.
(f) Compensation of Trustees. The members
of the Board of Trustees of the Greensboro Firemen's Supplemental Retirement
System shall serve without compensation, but they shall be reimbursed for all
necessary expenses incurred through service upon said board.
(g) Each trustee shall, within 10 days after
his appointment, take an oath of office before the mayor that, so far as it
devolves upon him, he will diligently and honestly administer the affairs of
said board and that he will not knowingly violate or willingly permit to be
violated any of the provisions of law applicable to the retirement system. Such
oath shall be subscribed to by the member making it, and certified by the
officer by whom it is taken, and immediately filed in the office of the city
clerk.
(h) Meetings. The board of trustees shall
hold regular quarterly meetings at such time and place as the board may
determine. In addition thereto, the chairman or vice‑chairman of the
board of trustees may call special meetings and upon request of two members of
the board of trustees in writing, shall call a special meeting of the board of
trustees. When so called, the secretary shall give notice in person or by
special delivery mail to all members of the board at least 24 hours prior to
such meeting, specifying the purpose of such meeting and time and place. The
business of the special meeting shall be limited to the purpose as set forth in
the notice.
(i) Voting rights. Each trustee shall be
entitled to one vote. Three affirmative votes shall be necessary for a decision
by the trustees at any meeting of said board and the chairman shall only vote
in case of a tie.
(j) The chairman shall preside at all
meetings and in his absence the vice‑chairman shall preside.
(k) Officers. The Chairman, Vice‑Chairman,
Secretary and the Treasurer of the Greensboro Firemen's Supplemental Retirement
System shall be elected by the board of trustees from the membership of the
board at the first organizational meeting and thereafter at the first regular
quarterly meeting in each year.
(l) Rules and Regulations. Subject to the
limitations of this Act, the board of trustees shall, from time to time, establish
rules and regulations for the administration of the funds created by this Act
and for the transaction of its business. The board of trustees shall also, from
time to time, in its discretion, adopt rules and regulations to prevent
injustices and inequalities which might arise in the administration of this
Act.
(m) Evaluation. The secretary shall keep in
convenient form, at a place designated by the trustees, such data as shall be
necessary for evaluating the system and for checking the expense of the system.
(n) Record of Proceedings. Annual Report.
The board of trustees shall keep a record of all its proceedings which shall be
open to public inspection. It shall publish at the end of each fiscal year a
report showing the fiscal transactions of the system for the preceding year,
the amount of the accumulated cash of the system, and the last balance sheet,
showing the financial condition of the system, including the valuation of the
assets and liabilities of the retirement system. A copy of such annual report
shall be provided for each of the fire stations of the City of Greensboro. The
term 'fiscal year', as used in this Act, shall be defined to mean a period of
time from July 1st to June 30th, inclusive.
(o) Legal Adviser. The attorney or attorneys
for the City of Greensboro shall be the legal adviser or advisers of the board
of trustees.
(p) Custodian of Funds. Disbursements. Bond
of Treasurer. The treasurer shall handle all funds. The treasurer shall furnish
such bond as shall be required by the board of trustees. He shall be custodian
of all funds paid into the Greensboro Firemen's Supplemental Retirement System
and shall deposit said funds in a bank or banks designated by the board of
trustees. The premium for said bond shall be paid out of the funds of the
system. All payments from such funds shall be made by him only upon voucher
signed by two persons designated by the board of trustees. The books of the
system shall be audited each two years and when a new treasurer is elected by a
certified public accountant, and said report shall be presented at the first
regular quarterly meeting of each year.
(q) Liabilities of Trustees. No member of
the board of trustees shall be personally liable by reason of his service as a
trustee for any acts performed by him as a trustee, except for malfeasance in
office.
(r) Trustee Member Disqualified. In the
event any uniformed member shall make application for benefits under this Act,
and shall at such time be serving as a member of the board of trustees, he
shall first disqualify himself and his vacancy shall be filled before the board
of trustees receives such application.
"Sec. 3. There is hereby created and established
in the Greensboro Firemen's Firefighters' Supplemental Retirement
System a fund to be known as the 'supplemental retirement fund' and hereinafter
referred to as the 'fund'. The fund shall consist of all moneys and funds paid
into the system from the Firemen's Firefighters' Relief Fund of
the City of Greensboro from time to time and as provided by law; all gifts of
money, property of all kinds and description, proceeds from property of all
kinds and description, all moneys, funds or property transferred to the fund by
will, devise, bequest or by other means provided by law for the transfer or
devolution of property, donations and gifts made by the firemen of the City of
Greensboro, investments, earnings on investments, interest, dividends and any
other funds or property that may accrue to the fund, and the board of trustees
is authorized to accept gifts, devises and bequests, and any property or funds
that may in anywise be transferred in operation of law. The moneys and property
of the fund may be invested by the board of trustees as heretofore provided in
this Act. Refunds may be made from the fund to anyone entitled thereby by
reason of clerical mistake or any clerical error or inadvertence. The fund
shall be liable for the payment of the supplemental benefits hereinafter
referred to and defined. Any donations made to the Greensboro City Fire
Department in excess of the amount of one hundred dollars ($100.00) may be
given and transferred to the fund by a majority vote of the members of the
Greensboro City Fire Department. The fund shall be liable for all reasonable
and necessary expenses of administration as shall be determined by the board of
trustees.
"Sec. 4. Eligibility for supplemental benefits. For the purpose of this Section 'supplemental benefit' as used in this Section shall be defined to mean any sum of money payable by the fund to a fireman of the Greensboro City Fire Department who retires from the Local Governmental Employees' Retirement System, as established by Article 3 of Chapter 128 of the General Statutes of North Carolina, including disability retirement, as provided in said system. On and after July 1, 1983, all firemen of the Greensboro City Fire Department who have attained 30 years of creditable service or who have attained the age of 55 years and who retire from the Local Governmental Employees' Retirement System, including disability retirement, as provided in the system, shall receive a minimum supplemental benefit of twenty‑five dollars ($25.00) per month, except that the total amount paid all retired members of the Greensboro City Fire Department shall not exceed eighty percent (80%) of the income received by the fund during the preceding fiscal year from interest on investment of capital funds, plus the amount derived from other sources; provided, that firemen who have retired prior to July 1, 1983, and who have not attained 30 years of creditable service or who have not attained the age of 55 years shall receive benefits equal to benefits paid other retired firemen under this retirement system. In the event that eighty percent (80%) of the income above mentioned is insufficient to pay such minimum of twenty‑five dollars ($25.00) per month to each person receiving supplemental benefit, the amount shall be equally prorated among the retired members of the Greensboro City Fire Department. Each retired fireman receiving supplemental benefit in accordance with this act shall receive the same amount of supplemental benefit per month; provided, that the maximum payment to any retired member of the Greensboro City Fire Department from said fund shall be one hundred thirty dollars ($130.00) per month. All amounts received for the fund, except eighty percent (80%) of the interest and funds received from other sources, which is to be used for the payment of supplemental benefits to retired members of the Greensboro City Fire Department, as herein provided, together with any part of said eighty percent (80%) which is not paid out during the next fiscal year, shall become a part of said fund and may be invested as provided in this Act. Should any fireman die, subsequent to the payment of a supplemental benefit for any preceding month and prior to the payment of any supplemental benefit in the month in which such fireman dies, then such supplemental benefit for that month shall be paid to the deceased fireman's personal representative. The board of trustees shall have the authority and power to promulgate rules and regulations to the end that the supplemental benefits herein provided may be properly administered and carried out and for the purpose of achieving the objectives herein sought.
"Sec. 5. The provisions of Section 4 of this Act shall not become effective as to the payment of any supplemental benefits thereunder until on and after July 1, 1953.
"Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.
"Sec. 7. None of the provisions of this act shall
create a liability for the Greensboro Firemen's Firefighters'
Supplemental Retirement System or for the State of North Carolina unless
sufficient current assets are available in the fund to pay fully for this
liability."
SECTION 2. Section 5.65 of the Charter of the City of Greensboro, being Chapter 1137 of the 1959 Session Laws, as amended by Chapter 29 of the 1971 Session Laws and Chapter 807 of the 1985 Session Laws, reads as rewritten:
"Section 5.65. Creation and Duties of Board of Adjustment.
(a) The City Council may provide for the creation and
organization of a Board of Adjustment to which appeals may be taken from the
decision of the building inspectorcompliance officer concerning
provisions of the zoning, subdivision, mobile home, and sign ordinances of the
City of Greensboro and any other provisions of the Greensboro Code of
Ordinances in which appeals to the Board of Adjustment may be provided.
(b) The Board shall consist of seven (7) members to
serve for three year overlapping terms. The City Council may fix the duties,
procedure for appeals to the Board and the vote required to reverse the building
inspector.compliance officer. The Board of Adjustment shall have the
power to elect its own officers, to fix the times and places for its meetings,
to adopt necessary rules of procedure, and to adopt all other rules and
regulations not inconsistent with the duties conferred by the City Council and
which may be necessary for the proper discharge of its duties; and it shall
keep an accurate record of all its proceedings.
(c) Every decision of the Board shall be subject to review by the Superior Court of Guilford County by proceedings in the nature of certiorari instituted within thirty days of the decision of the Board, but not otherwise."
SECTION 3. Section 5.74 of the Charter of the City of Greensboro, being Chapter 1137 of the 1959 Session Laws, as amended by Chapter 686 of the 1961 Session Laws, Chapter 55 of the 1963 Session Laws, and Chapter 74 of the 1967 Session Laws, reads as rewritten:
"Sec. 5.74. Housing Commission. (a) The city council may
provide for the creation and organization of a housing commission to which
appeals may be taken from the decision of the building inspectorcompliance
officer upon any provision of the housing code of the city.
(b) The commission shall consist of seven members to serve for three‑year overlapping terms. It shall have power to elect its own officers, to fix the times and places for its meetings, to adopt necessary rules of procedure, and to adopt all other rules and regulations not inconsistent herewith which may be necessary for the proper discharge of its duties; and it shall keep an accurate record of all its proceedings.
(c) An appeal from any decision or order of the building
inspectorcompliance officer may be taken by any person aggrieved
thereby or by any officer, board or commission of the city. Any appeal from the
building inspectorcompliance officer to the commission shall be
taken within such reasonable time as shall be prescribed by the commission by
general rule and shall be taken by filing with the building inspectorcompliance
officer and with the secretary of the commission a notice of appeal which
shall specify the grounds upon which the appeal is based. Upon the filing of
any notice of appeal, the building inspectorcompliance officer
shall forthwith transmit to the commission all the papers constituting the
record upon which the decision appealed from was made. When an appeal is from a
decision of the building inspectorcompliance officer refusing to
allow the person aggrieved thereby to do any act, his decision shall remain in
force until modified or reversed. When any appeal is from a decision of the building
inspectorcompliance officer requiring the person aggrieved to do any
act, the appeal shall have the effect of suspending the requirement of the building
inspectorcompliance officer until the hearing by the commission,
unless the building inspectorcompliance officer certifies to the
commission, after the notice of appeal is filed with him, that by reason of the
facts stated in the certificate (a copy of which shall be furnished the
appellant), a suspension of his requirement would cause imminent peril to life
or property, in which case the requirement shall not be suspended except by a
restraining order, which may be granted, for due cause shown and upon not less
than one day's written notice to the building inspector,compliance
officer, by the commission or by the Superior Court of Guilford County.
(d) The commission shall fix a reasonable time for the
hearing of all appeals and shall render its decision within a reasonable time.
Any party may appear in person or by agent or attorney. The commission may
reverse or affirm, wholly or partly, or may modify the decision appealed from,
and may make such decision and order as in its opinion ought to be made in the
matter, and to that end it shall have all the powers of the building
inspector;compliance officer; but the concurring vote of four
members of the commission shall be necessary to reverse or modify any decision
of the building inspector.compliance officer. The commission
shall have power also in passing upon appeals, in any case where there are
practical difficulties or unnecessary hardships in the way of carrying out the
strict letter of the housing code, to adapt the application of the code to the
necessities of the case to the end that the spirit of the code shall be
observed, public safety and welfare secured and substantial justice done.
(e) Every decision of the commission shall be subject to review by the Superior Court of Guilford County by proceedings in the nature of certiorari instituted within fifteen days of the decision of the commission, but not otherwise.
(f) If a person fails to comply with an order of the Building
Inspectorcompliance officer or, upon appeal, an order of the Housing
Commission to repair, alter, improve, vacate, close or demolish a building or
dwelling, the Building Inspectorcompliance officer may cause such
building or dwelling to be repaired, altered, improved, vacated, closed or
demolished; provided that the duties of the Building Inspectorcompliance
officer as set forth herein shall not be exercised until the Housing
Commission shall have, by resolution or other written decree, ordered the Inspector
compliance officer to proceed to effectuate the above purposes with
respect to the particular property or properties involved."
SECTION 4. This act is effective when it becomes law.