NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 378

HOUSE BILL 467

AN ACT TO PROVIDE FOR THE REORGANIZATION OF THE MECKLENBURG COUNTY BOARD OF EDUCATION, THE NOMINATION AND ELECTION OF ITS MEMBERS, TO DEFINE IN PART THEIR POWERS AND AUTHORITY AND TO REPEAL SECTION 55 OF CHAPTER 366, PUBLIC-LOCAL LAWS OF 1939, AS AMENDED.

The General Assembly of North Carolina do enact:

Section 1. The purposes of this Act, among others, are to continue the existence of the Mecklenburg County Board of Education and to provide for the merger of the Charlotte City Board of Education into said Mecklenburg County Board of Education.

Sec. 2. Those persons who on the first day of July, 1960, shall be the duly qualified and acting members of the Mecklenburg County Board of Education and of the Charlotte City Board of Education shall, effective on said date, constitute the Mecklenburg County Board of Education.

Sec. 3. Each of said persons shall serve as a member of said board of education for a term ending on the first Monday in December next preceding the expiration date of the term to which he shall have been elected or appointed to the Mecklenburg County Board of Education or to the Charlotte City Board of Education prior to the first day of July, 1960.

Sec. 4. The membership of said county board of education shall be reduced by one member on the first Monday in December in each of the years 1960, 1962 and 1964; and from and after the first Monday in December, 1964, the Mecklenburg County Board of Education shall be composed of nine members.

Sec. 5. At the time of the primaries for nomination of State officers in 1960, and biennially thereafter, three persons shall be elected to the Mecklenburg County Board of Education as reorganized. The names of the candidates shall be placed on a separate ballot bearing no party designation and no party affiliation need be indicated at the time of filing. Candidates shall file by 6:00 P. M. on or before the sixth Saturday before the date on which the election is to be held and each candidate shall pay a filing fee of five dollars ($5.00). The persons elected shall qualify by taking the oath of office on the first Monday in December next succeeding their election and shall hold office for a term of six years and until their successors are elected and qualified.

Sec. 6. In the event of a vacancy occurring on the board other than by expiration of a term, the board shall select a replacement to serve until the first Monday in the December which follows the last day for filing for the next regular biennial election. At the next regular biennial election (the last filing date for which had not passed prior to the occurrence of the vacancy), a person shall be elected to fill the unexpired term.

Sec. 7. Election to the board shall be determined by a majority of the votes cast. If there should be more candidates than there are places to be filled, then the majority within the meaning of this Section shall be ascertained by dividing the total vote cast for all candidates by the number of places to be filled and then dividing by two. Any excess of the sum so ascertained shall be the majority within the meaning of this Section. If in ascertaining the result in this way it appears that more candidates have obtained this majority than there are places to be filled, then those having the highest vote, if beyond the majority just defined, shall be declared elected. Where candidates do not receive a majority as defined and set out in this Section, those candidates equal in number to the places to be filled and having the highest number of votes shall be declared elected unless a second election shall be demanded, which may be done by anyone or all of the candidates equal in number to the places remaining to be filled and having the second highest number of votes. When any one or all of such candidates in the group receiving the second highest number of votes demand a second election (within the time allowed for demanding a second primary under the general law dealing with nomination of State officers), such second election shall be held and the names of all those candidates receiving the highest number of votes and all those in the group receiving the second highest number of votes and demanding a second election shall be put on the ballot for such second election. In no case shall there be a third election but the candidates receiving the highest number of votes in the second election shall be elected. In the event of a second election, it shall be held at the time that the second primary would be held under the general law dealing with nomination of State officers. When in any election, by reason of an unexpired term or terms, more than three members of the board are to be elected, those three persons receiving the highest number of votes in the election, or in the second election, if there should be a second election, shall be declared elected for full six year terms, and the person or persons receiving the next highest number of votes shall be declared elected to the unexpired term or terms, those receiving the highest number of votes being elected to the longer of the unexpired terms.

Sec. 8. For the fiscal year beginning July 1, 1960, the members of the Mecklenburg County Board of Education and the members of the Charlotte City Board of Education, acting jointly and by a majority vote of all members present, shall determine the amount and contents of the supplemental budget requested for the fiscal year beginning July 1, 1960, and shall give the Board of Commissioners of Mecklenburg County due notice thereof in time to include said tax with all other taxes to be levied by said board of county commissioners for the year 1960, and the said two boards of education, acting in like manner, shall prepare and submit to the said board of commissioners the capital outlay, debt service, and current expense budgets for the fiscal year 1960 within the time prescribed by law. The Board of Commissioners of Mecklenburg County may approve or disapprove the supplemental budget in whole or in part and shall levy such taxes as necessary to provide for the approved budget for supplemental purposes, not exceeding the amount of the tax levy authorized by the vote of the people. The expenditure of the proceeds of said levy shall be in accordance with the aforesaid supplemental budget as approved by the Board of Commissioners of Mecklenburg County. In the event of a disagreement between the Mecklenburg County Board of Education and the Charlotte City Board of Education acting jointly, on the one hand, and the Board of Commissioners of Mecklenburg County, on the other hand, as to the amount of the supplemental tax levy to be made, such disagreement shall be resolved by the procedure provided by the General Statutes of North Carolina, Section 115-87 and Section 115-88.

Sec. 9. In 1961 and in each subsequent year, at the same time the other budgets are filed, the Mecklenburg County Board of Education shall file a supplemental budget and request that a sufficient levy be made by the Board of Commissioners of Mecklenburg County on all taxable property located within said county not to exceed the rate voted by the people in said county. The Board of Commissioners of Mecklenburg County may approve or disapprove the supplemental budget in whole or in part, and shall levy such taxes as necessary to provide for the approved budget for supplemental purposes, not exceeding the amount of the tax levy authorized by the vote of the people. The expenditure of the proceeds of said levy shall be in accordance with the aforesaid supplemental budget as approved by the Board of Commissioners of Mecklenburg County. In the event of a disagreement between the Mecklenburg County Board of Education and the Board of Commissioners of Mecklenburg County as to the amount of the supplemental tax levy to be made, such disagreement shall be resolved by the procedure provided by the General Statutes of North Carolina, Section 115-87 and Section 115-88.

Sec. 10. The Mecklenburg County Board of Education, as reorganized, shall appoint a treasurer of all the school funds of the Mecklenburg County School Administrative Unit. The treasurer so appointed shall continue to fill such position at the will of the board of education. No persons authorized to make the expenditures or draw vouchers therefor, or to approve the same, shall act as treasurer of said funds. The treasurer shall give bond for the faithful performance of his duties in such amount as the board of education may prescribe, but, in no event, for less than twenty-five thousand dollars ($25,000.00). Except as herein otherwise expressly provided, the treasurer shall perform the duties prescribed by applicable provisions of Chapter 115 of the General Statutes of North Carolina and shall be subject to all of such provisions of said Act. All sums appropriated by said board of commissioners for capital outlay, current expense and to supplement the current expense fund from State and county allotments shall be paid over to the Treasurer of the Mecklenburg County Board of Education at reasonable periods after the receipt of said funds by the Treasurer of Mecklenburg County; provided, however, that the board of county commissioners shall hold and administer the proceeds of school bond sales in accordance with the procedure now being followed in holding and administering the proceeds of such sales.

Sec. 11. Notwithstanding the provisions of Section 50 of Chapter 115 of the General Statutes, the monthly payroll therein provided for, as to each school, shall be signed by the principal of the school, and it shall not be required that committee chairmen sign the same.

Sec. 12. In addition to the election of a chairman in accordance with the provisions of Chapter 115 of the General Statutes, the board of education may also select one of its members as vice chairman who shall preside at all meetings of the board in the absence of the chairman, and whenever the board shall have duly authorized the execution of any contract, conveyance, or other instrument, the vice chairman shall have the same authority as the chairman to execute the same on behalf of the board. In the event of absence or inability of both the chairman and vice chairman, the board, by resolution duly adopted and spread upon the minutes of any meeting, may authorize any other member to execute any contract, conveyance or other instrument for and on behalf of the board.

Sec. 13. The superintendent of schools shall be ex officio secretary of the board as provided by G. S. 115-56. The board may elect an assistant secretary to serve at the pleasure of the board. The assistant secretary may be, but shall not be required to be, a member of the board. Such assistant secretary may perform the duties of the secretary of the board when the secretary is absent from any meeting or for any other reason is unable to perform his duties as secretary. The assistant secretary shall have authority to attest all contracts, conveyances, and other instruments which are required by law to be attested by the secretary. The secretary, or in his absence, the assistant secretary, shall keep the minutes of all meetings of the board and it shall be the duty of such secretary or assistant secretary to furnish each member of the board with a copy of the minutes as soon after any meeting as may be reasonably practicable.

Sec. 14. In addition to the election of a superintendent of schools in the manner provided by the general law, the board may employ such associate superintendents and assistant superintendents and such other administrative officers as it may deem necessary and proper, and prescribe their duties. They may be elected to serve at the pleasure of the board or for such terms as may be fixed by the board, but the terms of any associate superintendents or assistant superintendents shall not exceed the term for which the superintendent is employed. Except as modified by other provisions of this Act, all principals and teachers shall be elected in the manner prescribed by the general law. The board may delegate to the superintendent of schools, or to one or more associate superintendents or assistant superintendents or to other administrative officers, authority to employ and prescribe the duties of all other employees or classes of employees, including janitors and maids, and to fix the compensation within such limits as the board may prescribe and to determine the terms or periods for which they shall be employed. The compensation of administrative officers of the board shall be fixed by the board. Out of any local supplement the board may pay to any employee or employees such compensation, in addition to compensation paid such employee or employees by the State, as it may deem proper.

Sec. 15. So long as the Mecklenburg County Board of Education shall consist of twelve members, the presence of seven members at any meeting shall constitute a quorum. During the period the board shall consist of eleven members and during the period said board shall consist of ten members, the presence of six members at any meeting shall constitute a quorum. When the membership of the board shall be reduced to nine, the presence of five members shall constitute a quorum.

Sec. 16. The Mecklenburg County Board of Education as reorganized may appoint school committees for some or all of the districts within the county in accordance with the provisions of the general law, but said board shall not be required to appoint school committees in all districts, and in any district within which no school committee is appointed, the board itself shall exercise those functions which are given to school committees under the general law.

Sec. 17. Title to all property of the Charlotte City Board of Education, both real and personal, of every kind and description, shall be vested in the Mecklenburg County Board of Education as of the 1st day of July, 1960. The Charlotte City Board of Education shall have full and ample authority prior to the 1st day of July, 1960, to execute all such deeds and other writings as may be deemed necessary to vest record title to any such property in the Mecklenburg County Board of Education.

Sec. 18. All claims and demands of every kind which the Charlotte City Board of Education may have as of the 1st day of July, 1960, shall pass and be transferred to the Mecklenburg County Board of Education and said county board of education shall have the same power and authority to enforce said claims and demands as said city board of education would have had in the event of its continuing existence. Any obligations or liabilities of the Charlotte City Board of Education existing as of the 1st day of July, 1960, shall be and become the obligations and liabilities of the Mecklenburg County Board of Education and such obligations and liabilities may be enforced against said Mecklenburg County Board of Education to the same extent that they might have been enforced against said city board of education had the city board continued in existence.

Sec. 19. All taxes collected by the City of Charlotte on account of school supplement levies made within said city prior to the year 1960 shall be paid by the City Treasurer of Charlotte to the Treasurer of the Mecklenburg County Board of Education, and the Board of Commissioners of Mecklenburg County shall cause like payment to be made to the Treasurer of the Mecklenburg County Board of Education of taxes collected on account of school supplement levies made prior to the year 1960 within that part of the Charlotte Administrative School Unit lying outside of the City of Charlotte, and within the county school administrative unit on account of county school supplement levies within said unit prior to 1960.

Sec. 20. Effective on the 1st day of July, 1960, Section 55 and subsections 1 through 5 thereof, of Chapter 366, Public-Local Laws of 1939, the same being the charter provisions of the City of Charlotte for the public school system within the Charlotte Administrative School Unit, and all of Chapter 688 and Section 12 of Chapter 1073 of the Session Laws of 1957 are repealed.

Sec. 21. The provisions of this Act shall prevail over any inconsistent provisions of Chapter 115 of the General Statutes of North Carolina and other general or special Acts.

Sec. 22. The preceding Sections of this Act shall become operative only if, prior to June 1, 1960, all of the following conditions are met:

(1). An election is called and held in Mecklenburg County on a countywide basis prior to January 1, 1960, on the question of providing a supplemental school tax not to exceed sixty cents (60¢) on the one hundred dollar ($100.00) valuation.

(2). A majority of the votes cast in the election favor said supplemental tax on a county-wide basis.

(3). The Charlotte City Board of Education petitions the Mecklenburg County Board of Education and the State Board of Education for consolidation of the Charlotte City Administrative School Unit and the Mecklenburg County Administrative School Unit under this Act and G. S. 115-74.

(4). The Mecklenburg County Board of Education approves said consolidation.

(5). The State Board of Education approves said consolidation.

The provisions of G. S. 115-116(g) and other provisions of Article 14, Chapter 115 of the General Statutes, dealing with elections and related matters, shall be applicable insofar as they are not inconsistent with the provisions of this Act.

Sec. 23. If any clause, sentence, paragraph or provision of this Act shall for any reason be adjudged by any court to be unconstitutional or invalid, such judgment shall not affect or invalidate the remainder of this Act but shall be confined in its operation to the clause, sentence, paragraph or provision adjudged unconstitutional or invalid.

Sec. 24. 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, 1959.