NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 253

HOUSE BILL 415

 

 

AN ACT TO AMEND CHAPTER 1046, SESSION LAWS OF 1963, RELATING TO THE CHARTER OF THE CITY OF WILMINGTON IN NEW HANOVER COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Section 9.6 of Article IX of Chapter 1046, Session Laws of 1963, is rewritten to read as follows:

"Sec. 9.6. Oath of Office Required. Before entering upon the discharge of their duties, the holders of the following offices and positions shall be required to take the oath prescribed for public officers before some person authorized to administer oaths: the City Manager, City Clerk, Tax Collector, any assistant City Clerk or assistant Tax Collector, City Treasurer, Chief of Police and each member of the police force, the building inspector and all employees empowered to enforce the building code."

Sec. 2. Section 11.3 of Article XI of Chapter 1046, Session Laws of 1963, is rewritten to read as follows:

"Sec. 11.3. Powers and Duties Generally; Promulgation of Rules and Regulations; Certain Powers Retained by City Council.

"The Civil Service Commission shall have full charge of passing upon the qualifications and certifying the eligibility of all persons to be appointed as police officers or firemen of such municipality. No person or applicant shall be eligible for permanent employment as a fireman or as a police officer except by majority action of the Civil Service Commission. The Civil Service Commission shall make all necessary rules and regulations relating to the requirements of applicants. Such rules and regulations governing the applicants shall be printed and made available for public inspection provided that all administrative and other powers and authority of such departments as are not specifically delegated in this Article to the Civil Service Commission are and shall be retained by the Council of the City of Wilmington. Provided, however, that police officers and firemen may be hired on a temporary basis for a period not to exceed 18 months, provided, however, that not later than the end of their sixteenth month of employment their names shall be furnished to the Commission and they shall be required to appear before the Civil Service Commission and take such examination as in the discretion of the Civil Service Commission is required. Upon failure of the Civil Service Commission to certify any such temporary employee he shall be removed from the payroll of the City of Wilmington not later than his eighteenth month of employment."

Sec. 3. Section 11.7 of Article XI of Chapter 1046, Session Laws of 1963, is rewritten to read as follows:

"Sec. 11.7. Examination of Applicants for Police Officers or Firemen - Required; Nature of Examination; Regulations as to Moral Character of Applicants; Credit for Prior Experience and Service; Age of Applicants.

"All applicants for positions of police officers or firemen of the City of Wilmington shall be subject to a written examination which shall be competitive and free to all persons possessing the right of suffrage and meeting all requirements that have been prescribed by such city subject to reasonable and proper limitations as to age, health and moral character, which examinations shall be practical in their character and shall relate to those matters tending to fairly test the capacity and qualification of the applicants to discharge the duties of the position to which they seek employment and shall include examinations as to physical and mental qualifications as well as general fitness; but no person shall be appointed as a fireman or police officer who is less than 21 years of age or exceeds 35 years of age except in case of a former employee of either department of the city who has served continuously for three years or more in either of such departments of such city, who had a good record in either of such departments, who was not dismissed therefrom for cause, and who is not over 40 years of age."

Sec. 4. Section 11.8 of Article XI of Chapter 1046, Session Laws of 1963, is hereby repealed.

Sec. 5. Section 27.5 of Article XXVII of Chapter 1046, Session Laws of 1963, is rewritten to read as follows:

"Sec. 27.5. Oath of Members of Force.

"The members of the police force shall take oath before some person authorized to administer oaths for the faithful performance of their duties imposed by law and the ordinances of the City."

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 28th day of April, 1967.