§ 160A-147. Appointment of city manager; dual office holding.
Part 2. Administration of Council‑ManagerCities.
§ 160A‑147. Appointmentof city manager; dual office holding.
(a) In cities whosecharters provide for the council‑manager form of government, the councilshall appoint a city manager to serve at its pleasure. The manager shall beappointed solely on the basis of the manager's executive and administrativequalifications. The manager need not be a resident of the city or State at thetime of appointment. The office of city manager is hereby declared to be anoffice that may be held concurrently with other appointive (but not elective)offices pursuant to Article VI, Sec. 9, of the Constitution.
(b) Notwithstanding theprovisions of subsection (a), a city manager may serve on a county board ofeducation that is elected on a non‑partisan basis if the followingcriteria are met:
(1) The population ofthe city by which the city manager is employed does not exceed 10,000;
(2) The city is locatedin two counties; and
(3) The population ofthe county in which the city manager resides does not exceed 40,000.
(b1) Notwithstanding theprovisions of subsection (a) of this section, a city manager may serve on acounty board of education that is elected on a nonpartisan basis if thepopulation of the city by which the city manager is employed does not exceed3,000.
(c) Notwithstanding theprovisions of subsection (a), a city manager may hold elective office if thefollowing criteria are met:
(1) The population ofthe city by which the city manager is employed does not exceed 3,000.
(2) The city manager isan elected official of a city other than the city by which the city manager isemployed.
(d) For the purposes ofthis section, population figures shall be according to the latest United Statesdecennial figures issued at the time the second office is assumed. If censusfigures issued after the second office is assumed increase the city or countypopulation beyond the limits of this section, the city manager may complete theterm of elected office that the city manager is then serving. (1969, c. 629, s. 2; 1971,c. 698, s. 1; 1989, c. 49; 1997‑25, s. 1; 2009‑321, s. 1.)