NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 705

HOUSE BILL 793

 

 

AN ACT TO PROVIDE, SUBJECT TO A VOTE OF THE QUALIFIED VOTERS OF RICHMOND COUNTY, FOR THE MERGER AND CONSOLIDATION OF THE ROCKINGHAM CITY SCHOOL ADMINISTRATIVE UNIT, THE HAMLET CITY SCHOOL ADMINISTRATIVE UNIT AND THE RICHMOND COUNTY SCHOOL ADMINISTRATIVE UNIT AND FOR THE ISSUANCE OF NOT EXCEEDING THREE MILLION DOLLARS SCHOOL BUILDING BONDS OF RICHMOND COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. The purpose of this Act, among others, is to provide an enabling statute, in addition to and not in lieu of other statutes, general, public-local or special, which may be available for such purpose, for the merger and consolidation of the Rockingham City School Administrative Unit, the Hamlet City School Administrative Unit and the Richmond County School Administrative Unit, and for the issuance of not exceeding three million dollars ($3,000,000) School Building Bonds.

Sec. 2. The Rockingham City Board of Education, the Hamlet City Board of Education and the Richmond County Board of Education, by majority vote of each of said boards, may jointly petition the Board of Commissioners for the County of Richmond to call a county-wide election as hereinafter provided for the purpose of voting upon (a) the merger and consolidation of the Rockingham City School Administrative Unit, the Hamlet City School Administrative Unit and the Richmond County School Administrative Unit into one administrative unit with one board of education as its governing body to the end that all of the public schools of Richmond County shall be administered and operated by one board and (b) the authorization of not exceeding three million dollars ($3,000,000) School Building Bonds of the County of Richmond and the levying of a sufficient tax for the payment of the principal of and the interest on said bonds.

Sec. 3. Upon receipt of such petitions it shall be the duty of the Board of Commissioners for the County of Richmond to call an election to be held not later than March 31, 1966 for the purpose of submitting to the qualified voters of said county two questions in substantially the following form:

1. If a majority of the qualified voters of the County of Richmond who shall vote thereon shall vote for the approval of the order authorizing not exceeding three million dollars ($3,000,000) School Building Bonds and a tax therefor (mentioned in question 2) shall the Rockingham City School Administrative Unit, the Hamlet City School Administrative Unit and the Richmond County School Administrative Unit be merged and consolidated into one administrative unit with one board of education as its governing body to the end that all of the public schools of Richmond County shall be administered and operated by one board?

2. If a majority of the qualified voters of the County of Richmond who shall vote thereon shall vote for the approval of the merger and consolidation of the administrative units with one board of education as set forth in question 1 above shall an order passed by the Board of Commissioners for the County of Richmond authorizing not exceeding three million dollars ($3,000,000) School Building Bonds of said county for the purpose of providing funds, with any other available funds, for (briefly stating the purpose) and authorizing the levy and collection of a sufficient tax for the payment of the principal of and the interest on said bonds, be approved?

The School Building Bonds in an amount not exceeding three million dollars ($3,000,000) hereinabove mentioned shall be issued pursuant to and in compliance with The County Finance Act, as amended, being Article 9 of Chapter 153 of the General Statutes, and shall be issued for the purposes therein provided in G. S. 153-77 (a).

Such election shall be held and conducted, in accordance with the applicable provisions of the General Statutes of North Carolina, in the same manner as elections are held to determine the question of the issuance of bonds. The form of the ballot shall be determined by the board of commissioners of said county and voting machines may be used.

The board of commissioners shall prepare a statement showing the number of votes cast for and against each question and declaring the result of the election, which statement shall be signed by a majority of the members of said board and delivered to the clerk or recording officer who shall record it in the minutes of such board and file the original in his office and publish it once in a newspaper of general circulation in Richmond County.

Sec. 4. The provisions of this Act shall be contingent upon the following:

(a)       approval of the merger and consolidation of the City and County School Administrative Units as set forth in this Act and approval of an order passed by the Board of Commissioners for the County of Richmond authorizing not exceeding three million dollars ($3,000,000) School Building Bonds under the conditions and for the purposes set forth in this Act;

(b)       petitions by the Rockingham City Board of Education and the Hamlet City Board of Education to the Richmond County Board of Education and the State Board of Education for the merger and consolidation of the Rockingham City School Administrative Unit, the Hamlet City School Administrative Unit and the Richmond County School Administrative Unit under this Act and Section 115-74 of the General Statutes within ninety days after the publication of the statement of the result of the election showing a favorable vote upon the two questions submitted, which petitions shall specify the effective date of the merger and consolidation;

(c)       approval of said merger and consolidation by the Richmond County Board of Education; and

(d)       approval of said merger and consolidation by the State Board of Education.

Sec. 5. If all of the conditions set forth in Section 4 of this Act are not complied with and satisfied, no School Building Bonds shall be issued under this Act and the Board of Commissioners for the County of Richmond shall repeal the order authorizing such School Building Bonds if such order shall have been approved by the voters.

Nothing contained in this Act shall limit or restrict the power of the County of Richmond to authorize and issue bonds for school purposes pursuant to and in compliance with The County Finance Act, as amended, including the issuance of bonds for the same purpose and in the same amount as may be authorized pursuant to the provisions of this Act.

Sec. 6. As of the effective date of the merger and consolidation, there is hereby constituted and established a consolidated board which shall be known and designated as "The Richmond County Board of Education" (hereinafter sometimes referred to as the "consolidated board").

The consolidated board shall consist of nine members, three of whom shall reside in the present Rockingham City School Administrative Unit, three shall reside in the present Hamlet City School Administrative Unit, and three shall reside in the present Richmond County School Administrative Unit but outside of the Rockingham and Hamlet School Administrative Units; provided, however, that members of the Richmond County Board of Education at the effective date of the merger and consolidation shall not be barred from representing the Richmond County School Election District (hereinafter mentioned) on the consolidated board for their first terms of office because of location of residence.

Sec. 7. After the election provided for in Section 3 of this Act and prior to the effective date of the merger and consolidation, the presently existing Richmond County Board of Education shall appoint three members from its then constituted membership to be members of the consolidated board, their terms of office to begin on the effective date of the merger and consolidation. The term of the first appointee shall end on the first Monday of December in the year in which the first primary for nomination of State officers is conducted after such appointment and the terms of the other two appointees shall end on the first Monday of December two and four years, respectively, after the year in which the term of the first appointee ends. After the election provided for in Section 3 of this Act and prior to the effective date of the merger and consolidation, the Rockingham City Board of Education and the Hamlet City Board of Education shall appoint three members each from their then constituted memberships to serve like terms beginning and ending at the same times as the members appointed by the Richmond County Board of Education.

Sec. 8. As of the effective date of the merger and consolidation the boundaries of the Rockingham City School Administrative Unit, the Hamlet City School Administrative Unit and the Richmond County School Administrative Unit (outside of the Rockingham and Hamlet School District) as then constituted shall remain and serve as election districts only and shall be designated as the Rockingham School Election District, the Hamlet School Election District and the Richmond County School Election District.

Sec. 9. At the time of the primaries for nomination of State officers in the first year in which a primary is conducted after the effective date of the merger and consolidation and biennially thereafter, one person each from the Rockingham School Election District, the Hamlet School Election District and the Richmond County School Election District shall be elected to serve on the consolidated board for terms of six years each.

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 or within thirty days thereafter and shall hold office for a term of six years and until their successors are elected and qualified.

Sec. 10. In the event of a vacancy occurring on the consolidated board other than by expiration of a term, such board shall appoint a replacement from the election district in which the vacancy occurred to fill the unexpired term.

Sec. 11. Election to the consolidated board shall be determined by a majority (as herein defined) of the votes cast throughout Richmond County. If there should be more than one candidate from any election district, then the majority within the meaning of this Section shall be ascertained by dividing the total vote cast for all of such candidates by two. Any excess of the number ascertained shall be the majority within the meaning of this Section. Where a candidate does not receive a majority as defined in this Section, the candidate having the highest number of votes shall be declared elected unless a second election shall be demanded, which may be done by the candidate having the second highest number of votes. When a candidate receiving the second highest number of votes demands 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 candidates receiving the highest number of votes and the second highest number of votes and demanding a second election shall be put on the ballot for such second election. 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.

Sec. 12. The members of the Richmond County Board of Education, the Rockingham City Board of Education and the Hamlet 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, 1966, and shall give the Board of Commissioners for Richmond County due notice thereof in time to include said tax with all other taxes to be levied by said board of commissioners for the year 1966, and said three 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 beginning July 1, 1966, within the time prescribed by law. The Board of Commissioners for Richmond 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 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 Richmond County. In the event of a disagreement between the Richmond County Board of Education, the Rockingham City Board of Education and the Hamlet City Board of Education and the Richmond County Board of Commissioners 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. 13. In 1967 and in each subsequent year, at the same time the other budgets are filed, the consolidated board shall file a supplemental budget and request that a sufficient levy be made by the Board of Commissioners for Richmond 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 for Richmond 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 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 for Richmond County. In the event of a disagreement between the consolidated board and the Board of Commissioners for Richmond 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.

In the event that the consolidated board shall have not been constituted and established in time to initiate the budgetary procedures set forth in this Section, the budgetary procedures set forth in Section 12 of this Act shall be followed until the consolidated board is constituted and established and initiates action pursuant to the provisions of this Section.

Sec. 14. The consolidated board shall appoint a treasurer of all the school funds of the Richmond County School Administrative Unit. The treasurer so appointed shall continue to fill such position at the will of said board. 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 said board 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 such provisions of said Chapter. All sums appropriated by said board of commissioners for school capital outlay, for school current expense, and to supplement the school current expense fund from State and county allotments shall be paid over to the treasurer of the consolidated board at reasonable periods after the receipt of said funds by the auditor of Richmond County; provided, however, that the board of county commissioners shall hold and administer the proceeds from the sale of school bonds in accordance with the procedure now being followed in holding and administering such proceeds.

Sec. 15. In addition to the election of a chairman in accordance with the provisions of Chapter 115 of the General Statutes, the consolidated board may also select one of its members as vice chairman who shall preside at all meetings of such board in the absence of the chairman, and whenever such 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 such board. The Superintendent of Schools shall be ex officio secretary of the board as provided by G. S. 115-56.

Sec. 16. The consolidated board shall hold its organizational meeting as soon as possible after the effective date of the merger and consolidation. At such meeting said board shall select a chairman, vice chairman and treasurer and may elect other officers consistent with the law. The board may make its own rules and regulations, consistent with this Act and the General Statutes, for conducting business. Said board shall elect a superintendent, an associate superintendent and such assistant superintendents as it deems necessary from the persons elected to serve as superintendents in the three school administrative units in Richmond County for the current biennium. After the original organizational meeting, the consolidated board shall elect biennially a Superintendent of Schools in the manner prescribed by the general law and may, upon recommendation of the superintendent, employ an associate superintendent and such other administrative officers as may be deemed necessary and proper, and may prescribe their duties. Such officers 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 for which the associate superintendent or assistant superintendents are elected shall not exceed the term for which the superintendent is employed. Except as modified by other provisions of this Act, all principals, supervisors, administrative officers and teachers shall be employed by the consolidated board, upon recommendation of the superintendent. The Superintendent of Schools shall have the 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 consolidated 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. 17. Five members of the consolidated board shall constitute a quorum and such board

(a)       shall meet in the office of the superintendent or at some other location designated by the board,

(b)       shall meet monthly at a regular time designated by the board, which meeting may be adjourned from time to time, and

(c)       may meet in special session upon the call of the chairman or secretary.

Sec. 18. The members of the board shall receive a per diem of ten dollars ($10.00) per official meeting including adjourned and special meetings. The chairman of such board shall receive a per diem of fifteen dollars ($15.00) per official meeting including adjourned and special meetings. Upon approval of the board, individual members of the board shall be compensated for travel or sustenance when such expenditures occur in connection with the conduct of official school board business.

Sec. 19. The consolidated board may appoint an advisory committee for any function or for any school or for all the schools within the system. The purpose and function of any such advisory committee shall be to serve in an advisory capacity to the board on matters prescribed by the board or on general matters affecting the school or schools for which the committee is appointed. The organization, terms, composition, and regulation for the operation of such advisory committee shall be determined by the board. Article 7 of Chapter 115 of the General Statutes (School Committees) shall not apply to Richmond County.

Sec. 20. Title to all property of the Rockingham City Board of Education, the Hamlet City Board of Education and the Richmond County Board of Education, both real and personal, of every kind and description, shall be vested in the consolidated board as of the effective date of the merger and consolidation. The Rockingham City Board of Education, the Hamlet City Board of Education and the presently constituted Richmond County Board of Education shall have full and ample authority to execute without consideration therefor or public sale of property involved, all such deeds and other instruments as may be deemed necessary or proper to vest record title to any such property in the consolidated board.

Sec. 21. All claims and demands of every kind which the Rockingham City Board of Education, the Hamlet City Board of Education or the presently constituted Richmond County Board of Education may have as of the effective date of the merger and consolidation shall pass and be transferred to the consolidated board and said consolidated board shall have the same power and authority to enforce said claims and demands as said city boards of education and said presently constituted county board of education would have had in the event of their continuing existence. Any obligations or liabilities of the Rockingham City Board of Education, the Hamlet City Board of Education or the presently constituted Richmond County Board of Education existing as of the effective date of the merger and consolidation shall be and become the obligations and liabilities of the consolidated board and such obligations and liabilities may be enforced against the consolidated board to the same extent that they might have been enforced against said city boards of education and the county board of education had said boards continued in existence.

Sec. 22. All unexpended taxes collected by the auditor of Richmond County on account of school supplemental levies made within the Rockingham School Administrative Unit and the Hamlet School Administrative Unit to the effective date of the merger and consolidation shall be paid by said auditor to the treasurer of the consolidated board as soon as possible after the effective date of the merger and consolidation.

Sec. 23. In the event of the merger and consolidation of the Rockingham City School Administrative Unit, the Hamlet City School Administrative Unit and the Richmond County School Administrative Unit as herein provided the currently authorized levy not to exceed twenty-five cents (25¢) on the one hundred dollar ($100.00) valuation shall continue in effect for the purpose of supplementing the current expense budget of the newly constituted Richmond County School Administrative Unit.

Sec. 24. In the event of the merger and consolidation of the Rockingham City School Administrative Unit, the Hamlet City School Administrative Unit and the Richmond County School Administrative Unit, all contracts with principals, teachers and supervisors shall continue in effect for the then current school term subject to provisions of the General Statutes.

Sec. 25. 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 such judgment shall be confined in its operation to the clause, sentence, paragraph or provision adjudged unconstitutional or invalid.

Sec. 26. The provisions of this Act shall prevail over any inconsistent provisions of Chapter 115 of the General Statutes of North Carolina and any other general, public-local or private law.

Sec. 27. 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 26th day of May, 1965.