S.L. 1977-44

1977 SESSION

CHAPTER 44

SENATE BILL 106

AN ACT TO MODIFY THE METHOD OF SELECTION OF MEMBERS OF THE GREENVILLE CITY BOARD OF EDUCATION.

The General Assembly of North Carolina enacts:

Section 1. The term of the present members of the Greenville City Board of Education will cease after the election, appointment and qualification of their successors as hereinafter provided.

Sec. 2. The Greenville City Board of Education shall be composed of nine members. Six shall be elected and three shall be appointed as hereinafter provided.

Sec. 3. The elected members of the Greenville City Board of Education shall be elected on a nonpartisan basis and all elected and appointed members shall serve for a term of four years except for the initial terms which shall be staggered as herein provided.

Sec. 4. The election for members of the board shall be held in 1978, and biennially thereafter, at the same time the primary elections in North Carolina, as now existing or as changed by the North Carolina General Assembly, are held, and shall be conducted according to the provisions of Chapter 163 of the General Statutes then governing nonpartisan municipal and special district elections. Members of the board so elected shall take office at the second regular meeting of the board of education following the election. Those members appointed by the city council shall take office on the same date as elected members.

Sec. 5. The elected members of the Greenville City Board of Education shall be elected by those voters residing within the boundaries of the Greenville School District. The appointed members of the Greenville City Board of Education shall be appointed by the City Council of the City of Greenville from qualified voters residing within the boundaries of the Greenville School District. Once appointed or elected, each member shall hold office until his or her successor has been duly elected or appointed.

Sec. 6. At the first election hereunder during the year 1978, the three candidates receiving the highest number of votes shall be elected for a term of four years, and the three candidates receiving the next highest number of votes shall be elected for a term of two years. Thereafter, all elected members shall be elected for a term of four years.

Sec. 7. After the election for elected members in 1978 and 10 days before the members are to take office, the city council shall appoint two members for a term of two years and one member shall be appointed for a term of four years. Thereafter, all appointed members shall be appointed for a term of four years, and their appointment shall be made by the city council at least 10 days prior to the time for taking office, and after the election for elected members.

Sec. 8. All vacancies in the membership of the Greenville City Board of Education created by death, resignation, or other cause, shall be filled by appointment by the City Council of the City of Greenville. If the vacancy is created by an elected member, the appointee will serve until the next election for members of the school board, held more than 30 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office, or full term, as the case may be. If the vacancy is created by an appointed member, such appointment will be for the remaining unexpired term.

Sec. 9. The provisions of Article 5, Chapter 115, of the General Statutes of North Carolina relating to city boards of education shall be applicable to the Greenville City Board of Education except G.S. 115-18 through G.S. 115-20 and G.S. 115-22, G.S. 115-23, G.S. 115-24, or any other provisions in conflict with this act.

Sec. 10. The salaries of board members shall be set by the Pitt Board of County Commissioners at the time of the adoption of the annual county budget.

Sec. 11. This act is applicable only to the Greenville City Board of Education.

Sec. 12. All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 13. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 3rd day of March, 1977.