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Rep. Susi Hamilton speaks out about her decision to stay in the NC House

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RALEIGH, NC (WWAY) -- Rep. Susi Hamilton (D-18th District) says she is going to keep her seat in the North Carolina House of Representatives.

Within the past 24 hours, issues arose about her becoming Carolina Beach Town Manager.

"This morning it was actually me who brought the statute to the attention of the legislative ethics attorney," Hamilton said.

Hamilton is currently serving her second term in the General Assembly.

She says she asked the ethics attorney earlier this month if taking the job in Carolina Beach would be a conflict of interest, and was told it would not be, but part of North Carolina General Statute 160A precludes town managers from holding elected office.

"It's a rather obscure law. It only applies to town managers who are managing a town of a certain size," Hamilton said. "Unfortunately I received bad information, and it was incorrect, and it cost us to make a decision that obviously it wasn't possible for me to do."

Hamilton says both she and the Town of Carolina Beach acted on good faith and that she would not have moved forward without clearance from the ethics committee.

She says her main focus right now continues to be the citizens in her district.

"I have a responsibility to District 18, and I take my legislative role very seriously, so I chose to stay with the North Carolina State Legislature and represent the constituents of District 18," Hamilton said.

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Should Have Took It

She had her chance to ruin Carolina Beach. She should have took it as this is her last run at politics. She has proven she is a liberal, do-nothing politician who tries to block progress at ever point. Just think, Carolina Beach could have been the next Detroit at her leadership. There would have been homeless all over the boardwalk, businesses closing rapidly, housing starts over and to think she passed up this chance. Too bad Carolina Beach!

GREAT REPORTING WWAY! The

GREAT REPORTING WWAY!

The statutory language is plain and clear. Its requirements could not have been missed.

To give the benefit of the doubt to Rep. Hamilton and her party, she didn't receive bad advice, she received no advice. My bet is that NO underlying research was ever performed.

This is a fine example of the careless ineptitude that has empowered the Republicans to take over this state. Thanks, Democratic Party Leadership. Thanks for NOTHING.

§ 160A‑147. Appointment of city manager; dual office holding.

(a) In cities whose charters provide for the council‑manager form of government, the council shall appoint a city manager to serve at its pleasure. The manager shall be appointed solely on the basis of the manager's executive and administrative qualifications. The manager need not be a resident of the city or State at the time of appointment. The office of city manager is hereby declared to be an office that may be held concurrently with other appointive (but not elective) offices pursuant to Article VI, Sec. 9, of the Constitution.

(b) Notwithstanding the provisions of subsection (a), a city manager may serve on a county board of education that is elected on a non‑partisan basis if the following criteria are met:

(1) The population of the city by which the city manager is employed does not exceed 10,000;
(2) The city is located in two counties; and
(3) The population of the county in which the city manager resides does not exceed 40,000.

(b1) Notwithstanding the provisions of subsection (a) of this section, a city manager may serve on a county board of education that is elected on a nonpartisan basis if the population of the city by which the city manager is employed does not exceed 3,000.

(c) Notwithstanding the provisions of subsection (a), a city manager may hold elective office if the following criteria are met:

(1) The population of the city by which the city manager is employed does not exceed 3,000.
(2) The city manager is an elected official of a city other than the city by which the city manager is employed.

(d) For the purposes of this section, population figures shall be according to the latest United States decennial figures issued at the time the second office is assumed. If census figures issued after the second office is assumed increase the city or county population beyond the limits of this section, the city manager may complete the term of elected office that the city manager is then serving.

160..

Chapter 160A, Article 7 part 2:

" 160A‑147. Appointment of city manager; dual office holding.
(a) In cities whose charters provide for the council‑manager form of government, the council shall appoint a city manager to serve at its pleasure. The manager shall be appointed solely on the basis of the manager's executive and administrative qualifications. The manager need not be a resident of the city or State at the time of appointment. The office of city manager is hereby declared to be an office that may be held concurrently with other appointive (but not elective) offices pursuant to Article VI, Sec. 9, of the Constitution.
(b) Notwithstanding the provisions of subsection (a), a city manager may serve on a county board of education that is elected on a non‑partisan basis if the following criteria are met:
(1) The population of the city by which the city manager is employed does not exceed 10,000;
(2) The city is located in two counties; and
(3) The population of the county in which the city manager resides does not exceed 40,000.
(b1) Notwithstanding the provisions of subsection (a) of this section, a city manager may serve on a county board of education that is elected on a nonpartisan basis if the population of the city by which the city manager is employed does not exceed 3,000.

(c) Notwithstanding the provisions of subsection (a), a city manager may hold elective office if the following criteria are met:
(1) The population of the city by which the city manager is employed does not exceed 3,000.
(2) The city manager is an elected official of a city other than the city by which the city manager is employed.
(d) For the purposes of this section, population figures shall be according to the latest United States decennial figures issued at the time the second office is assumed. If census figures issued after the second office is assumed increase the city or county population beyond the limits of this section, the city manager may complete the term 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.)
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To me this is rather obscure stuff but I'm not a Representative or Legislative Ethics lawyer.
Should they have known?
Look - I'll say this:
I think this is a way to show that either
Susie lied or was stupid
The Legislative Ethics lawyer was stupid
The town of CB was stupid to think she could stay as a legislator

This is a win for CB for sure, and all other parties have, as Tom put it, egg foo young on their faces.
Strange indeed

Vog

As noted previously

she is blowing smoke. She says she brought it to the attention of everyone. Right; only after she saw the opposition mounting.

Now one question should be asked. When inquiring about a full time employment opportunity, did she in fact note it would be as a Town manager? Or did she just say full time employment without getting into specifics?

Now she says it was an ethics attorney who cleared her for the job. If that is so, and he or she was truly unaware of the governing statute, that attorney needs to go.

If her aide spoke before seeking accuracy, the aide should go.

And if she knew, why did she delay in acknowleding she would be ineligible to accept the position and make her choice knows earlier in the day after frist calling the Carolina Beach Mayor so he could avoid the egg foo yung slinging?

This has got to bring her credibility into question.

Smart?

The smart attorneys can't afford to work in government positions. Only the mediocre and otherwise unemployable attorneys end up there.

ask her...

Have you not asked her how she thought she would handle a position that clearly would take up at least 40 hours a week and be in Raleigh 3 days a week? Or did she seriously believe that a job paying nearly $100,000 a year could be done part time? Ask her the hard questions, folks. She was going to quit. Make her say it, so the voters will know what they're dealing with.

ask him...

Well gee, "our senator Thom Goolsby" advertises that he can.

With this whole fiasco as it

With this whole fiasco as it stands, the voters should already know what they are dealing with. As for her working a full-time job and being a representative in Raleigh-people do it all the time. I know of attorneys that have done both.

Yeah, 2020, for sure and for

Yeah, 2020, for sure and for certain but one thing that people DON'T do all the time is seek illegal dual political positions. This girl Susi is a disgrace to all of us who are working to restore Democratic Party ideals. She and her ilk of crooks are the principal reason that this state has been given to the Republicans.

40 hours

Attorneys who serve in the legislature are either self employed or have an agreement with their firm that slows them to work less than the standard 40 plus hours.