Final Draft 7/15/13 8:40 p.m. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 A BILL TO BE ENTITLED AN ACT TO CREATE THE CHARLOTTE AIRPORT COMMISSION The General Assembly of North Carolina enacts: SECTION 1. Chapter 5 of the Charter of the City of Charlotte is amended by adding a new Article III as follows: “ARTICLE III. CHARLOTTE AIRPORT COMMISSION. Section 5.24. Membership. (a) The Charlotte Airport Commission shall be composed of 11 members, three appointed by the Mayor and eight appointed by the Council. Two members, one appointed by the Mayor and one by the Council, shall be residents of the west side of Charlotte. Three members, one appointed by the Mayor and two by the Council, shall not be residents of the City of Charlotte or Mecklenburg County. The other six members shall have experience in aviation, logistics, construction, facilities management, law, accounting, or finance. The Mayor or Council shall be responsible for determining whether their respective appointees have the necessary experience to serve on the Commission. No elected official shall serve as a member of the Commission. (b) Members of the Commission shall serve terms of four years or until their successors are appointed. No member shall serve more than two full consecutive terms. A member appointed to serve for the remainder of an unexpired term shall be considered to have served a full term if there are more than two years remaining in the unexpired term. Appointments shall be made within 60 days of the creation of a vacancy or the end of a term, as applicable. (c) Attendance of meetings and continued service on the Commission shall be governed by the policies established by the Council for all its appointed advisory boards, committees, and commissions. (d) The Council may determine compensation, if any, for members for their service, but any change to compensation shall affect only those members appointed or re-appointed after the Council adopts such a change. Section 5.25. Officers and Meetings. At its first regular meeting of each fiscal year, the Commission shall elect from its membership a chair, a vice chair, and such other officers as it may from time to time deem necessary. Officers shall serve until their successors are elected. The Commission shall annually adopt a schedule of its regular meetings and may meet on the call of the chair, the vice chair, or of any three members. Seven members shall constitute a quorum, and six affirmative votes of the members shall be necessary for the passage of any main motion. The chair and the vice chair, when presiding over the meeting, retain their rights as members to vote on any question. Members have a duty to vote unless excused by the Commission for a conflict of interest. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 The Council shall provide for staff and facilities sufficient to record the minutes of and otherwise support meetings of the Commission. Section 5.26. Delegation of Authority. Notwithstanding any other provision of law, the City Council may delegate to the Commission any power, duty, or responsibility regarding the Airport. The City Council shall fully consider the report made to the City of Charlotte by its consultants on the airport and recommendations made thereto by the City Manager of Charlotte based on work directed by the City Council in its Resolution of June 10, 2013, and, upon due consideration, the City Council shall delegate to the Commission the power appropriate in order to implement best practices in the governing of the Airport so as to continue to have one of the best performing and lowest cost major hub airports. Such delegated powers shall be in the areas of finance, contracting, procurement, and compensation such that airport management can concentrate on running the airport most effectively and that the commission can add value by focusing on and understanding the business of the airport. The City Council shall delegate such powers to the Commission no later than December 31, 2013. SECTION 2. In order to provide for the staggered expiration of member terms, the initial appointments of a resident of the west side of Charlotte appointed by the Mayor, one of the appointments of a person not a resident of the City of Charlotte or Mecklenburg County appointed by the Council, and three of the six members having experience in aviation, logistics, construction, facilities management, law, accounting, or finance appointed by the Council shall be for terms of two years. These terms for initial appointments shall not be considered full terms. The Commission shall be appointed by October 30, 2013. SECTION 3. The City of Charlotte may not use Charlotte Douglas International Airport revenue for purposes other than the capital or operating costs of the airport, or other local facilities owned or operated by the City and directly and substantially related to the air transportation of passengers or property. SECTION 4. This act becomes effective when it becomes law. 2