NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 211

HOUSE BILL 220

 

 

AN ACT TO AMEND ARTICLE 4 OF CHAPTER 163 OF THE GENERAL STATUTES RELATING TO THE DISMISSAL OF AN EXECUTIVE SECRETARY OF A COUNTY BOARD OF ELECTIONS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 163-35 is amended by rewriting subsection (b) to read as follows:

"(b)      Termination of employment. The county board of elections may, by petition signed by a majority of the board, recommend to the executive secretary-director of the State Board of Elections the termination of the employment of the county board's executive secretary. The petition shall clearly state the reasons for termination. Upon receipt of the petition, the executive secretary-director shall forward a copy of same by certified mail, return receipt requested, to the county executive secretary involved. The county executive secretary may reply to said petition within 15 days of receipt thereof. Within 20 days of receipt of the county executive secretary's reply or the expiration of the time period allowed for the filing of said reply, the state executive secretary-director shall render a decision as to the termination or retention of the county executive secretary. The decision of the executive secretary-director of the State Board of Elections shall be final unless such decision shall, within 20 days from the official date on which it was made, be deferred by the State Board of Elections, in which event a public hearing shall be conducted by said State Board or any single member designated by the remaining four members, in the county seat of the county involved. Following the conduct of such public hearing and a decision by the State Board of Elections, the chairman of said Board shall notify the executive secretary-director of the State Board of Elections, in writing, of the decision resulting from the public hearing. If the decision, rendered by the State Board of Elections, results in concurrence with the decision entered by the executive secretary-director, the decision becomes final.

If the decision rendered by the Board is contrary to that entered by the executive secretary-director, then the executive secretary-director shall, within 15 days from the written notification, enter an amended decision consistent with the results of the decision by the State Board of Elections. The employment of any executive secretary presently employed or hereafter employed shall not be terminated except in compliance with the procedures herein prescribed."

Sec. 2.  For the purposes of this section the individual designated by the remaining four members of the State Board shall possess the same authority conferred upon the chairman pursuant to G.S. 163-22(c).

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 5th day of May, 1975.