S.L. 1975-317

1975 SESSION

CHAPTER 317

SENATE BILL 469

AN ACT TO PROVIDE FOR AND ESTABLISH ELECTION AND APPOINTMENT PROCEDURES FOR MEMBERS OF THE CITY OF CLINTON SCHOOL ADMINISTRATIVE UNIT.

The General Assembly of North Carolina enacts:

Section 1. Board of education composition for the Clinton City School Administrative Unit. The Board of Education for the City of Clinton School Administrative Unit (hereinafter referred to as board) shall continue to be composed of the present five appointed members whose acts shall be afforded all legal force and effect until a new board, as created by this act, shall be duly qualified, as hereinafter defined.

It is the purpose of this act to create a board eventually composed of five members with the three such members having been elected at large on a nonpartisan basis by the end of the 1978 primary elections and with the remaining two such board members having been appointed, all as hereinafter set forth in this and subsequent sections.

All board members whether elected or appointed shall serve individual four-year terms after 1978 with each such member's term, whether arising prior to or subsequent to 1978, being determined and limited as hereinafter noted and explained.

Sec. 2. Election and appointment; qualifications. The present board is to consist of five appointed members, as noted in Section 1, and these members shall continue to serve as presently constituted until 1976 when two board positions shall be elected by public election, to replace two of the existing board members. Such election shall be conducted at the same time of and in conjunction with the election of Sampson County School Board members, as provided in G.S. 115-19. Subsequent to such election and immediately upon the qualification of the two newly elected board members, the five board members constituting said board of education prior to the 1976 election shall be required to agree, or in lieu thereof to draw lots, whereby the following results are attained: Two such board members shall be retired from the board; one such board member shall be appointed to serve a four-year term identical to that of the two newly elected members; and the two remaining original board members (those occupying board seats prior to 1976) shall be appointed to serve two-year appointed terms. The board shall thereupon consist of two elected members serving four-year terms, one member serving a four-year appointive term and two members serving two-year appointive terms.

The board, thus constituted, shall continue to serve until 1978 when one board membership position shall be determined by public election and such elected member shall replace one of the board members earlier appointed for a two-year term. Such election shall be conducted at the same time of and in conjunction with the election of Sampson County School Board members, as hereinabove noted. Subsequent to such election and immediately upon the qualification of the newly elected board member the board shall appoint one member to replace the remaining member who had been appointed in 1976 for a two-year term and the one member, so appointed in 1978, shall be appointed for a four-year term. The board shall thereupon consist of one member elected for a four-year term and whose term will expire in 1982, two members elected in 1976 whose terms will expire in 1980, one member appointed in 1976 whose appointive term will end in 1980, and one newly appointed member whose term shall expire in 1982.

The system of board representation shall thereafter continue, using the elective and appointive process hereinabove described, to the end that one member is appointed and one member is elected in one biennium and two members are elected and one member appointed in the succeeding biennium.

Those persons who shall be elected members of the board and those persons who shall be appointed members of the board must qualify by taking the oath of office on or before the second Monday in June next succeeding their election or appointment, as the case may be, or as soon thereafter as possible, but in any event no later than the first Monday in July next succeeding their election or appointment. A failure to qualify within that time shall constitute a vacancy which shall be filled as set out in G.S. 115-24.

Notwithstanding any provision contained within this section that might be construed to the contrary, nothing herein shall prevent a duly qualified board from appointing one of its members whose term terminates, as heretofore explained, to succeed himself for a new appointive term.

All board members whether elected or appointed shall continue to serve with all legal authority until their successors shall be duly qualified, as hereinabove required.

Sec. 3. Eligibility for voting and board membership. Any individual qualified to vote in a Sampson County general election, as by law provided, and who is a registered resident of that legally defined geographical area now or hereafter encompassed by the Clinton City School Administrative Unit shall be eligible to vote in all elections required by this act. Provided, however, that such residents shall be required to comply with all reasonable rules or regulations formulated by the Sampson County Board of Elections regarding special registration for proof of residency as a prerequisite to the right to vote guaranteed herein.

Eligibility for board membership shall be limited only as set forth in G.S. 115-25.

Sec. 4. County board of elections to control election procedures. The Sampson County Board of Elections, under the direction of the State Board of Elections, shall make all necessary provisions for elections as herein required, and shall exercise all powers, duties and responsibilities in conducting such elections as set forth in Chapter 163 of the North Carolina General Statutes. Said county board of elections shall supervise and control the definite establishment of the geographical area encompassed by the City of Clinton School Administrative Unit, as now or hereafter legally defined, and shall supervise and control a special election district for such school's administrative unit. The Sampson County Board of Elections shall further supervise, control and actively assist in setting up and maintaining a special voter registration system for said city administrative unit. Except as otherwise provided herein, the election of board of education members shall be conducted according to the provisions of Chapter 163 of the North Carolina General Statutes governing primary elections.

Sec. 5. Board member death or resignation. All vacancies in the membership of the board by death, resignation, or other causes shall be filled by appointment by the remaining members of the board, or a person to serve the remainder of the term left unfilled as the result of such vacancy.

Sec. 6. Organization of board. At the first meeting of the new board held subsequent to new board membership qualification such board shall organize by electing one of their members as chairman for a period of one year, or until his or her successor is elected and qualified. The chairman shall preside at all board meetings, and in the event of his absence or sickness, the board may appoint one of their members temporary chairman. The superintendent of the city administrative unit shall be ex officio secretary to the board and he or she shall keep the minutes of all board meetings but shall have no vote. Provided that in the event of a vacancy in said superintendency, the board may elect one of its members or some other school official to serve temporarily as secretary to the board.

Sec. 7. Nonconflicting retention of general and special laws or acts. This act is to be in addition to and not in substitution of Chapter 115 of the North Carolina General Statutes and any other general or special acts relating directly or indirectly to the City of Clinton School Administrative Unit and all such general or special acts are to remain in full force and effect except to the extent that they are in direct conflict with the provisions of this act.

Sec. 8. Object of board structure. The appointive aspect of this act was designed and perpetuated for the purpose of insuring that existing and future board members shall be required to make every reasonable effort to appoint new board members, as allowed by this act, which new appointed board member, when compared to board members then serving, fairly represents the racial, ethnic and sexual composition of the geographical area encompassed by the Clinton City School Administrative Unit.

Sec. 9. Effective dates of act. 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 19th day of May, 1975.