What should be the effective date for a change in the method of administration, moving from the mayor-council system to the council-manager system?

Although a change from mayor-council to council-manager might be thought to become effective immediately upon adoption of the ordinance, there are a couple of considerations that counsel some delay.

First, if there is any controversy about the change, there is the possibility of a petition forcing a vote on the ordinance. In order to avoid the confusion that might accompany the threat or receipt of such a petition, it might be appropriate to delay the effective date until at least the end of the thirty-day period available for presenting such a petition, with the condition that if a petition is presented the ordinance will not become effective until the voters have approved the ordinance. The second paragraph of G.S. 160A-102 provides that "the council may, but shall not be required to unless a referendum petition is received . . . make any ordinance adopted pursuant to this section effective only if approved by a vote of the people." The italicized language seems to require a delayed effective date if a referendum petition is received within the thirty-day period.

Second, even if there is no controversy, it might take some time before the council actually appoints its first manager. (In some cities moving to the council-manager system, the council already has appointed an "administrator," and the council usually names that person as the first manager and does so immediately.) Therefore it is wise to make the change effective only upon the first manager's taking office. Otherwise the council will have to name an interim manager to exercise the manager's appointment and supervision powers; once the manager system becomes effective, the council can no longer exercise these powers itself.