NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 460

HOUSE BILL 167

 

AN ACT TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COLUMBUS COUNTY PUBLIC SAFETY COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 101, Session Laws of 1973, is amended by rewriting Section 1 to read:

"Section 1. The Columbus County Public Safety Commission shall be composed of five members who shall be citizens of the county and who shall be elected by the voters of the county for terms of four years as herein provided. The election shall be nonpartisan and no primary election shall be held and no party affiliation shall appear on the ballot.

The election shall be held at the same time as the regular primary for county officers and, except as otherwise provided herein, shall be held and conducted in accordance with the State law regulating general elections in the State.

Beginning with the regular primary election for county officers to be held in 1976, five members shall be elected to the Columbus County Public Safety Commission. The two candidates receiving the highest number of votes cast shall be elected for terms of four years, and the three candidates receiving the next highest number of votes cast shall be elected for terms of two years. Thereafter, as the terms of the members expire their successors shall be elected for terms of four years. Members shall be eligible for reelection to successive terms.

The members elected in 1976, and thereafter, shall take an oath of office and their term shall begin five days after the certification of the results of the election by the county board of elections. The commission shall hold its organizational meeting on the day the terms begin, and shall elect from the membership a chairman and secretary. The chairman shall serve for a term of two years and shall be eligible to succeed himself. The chairman shall have the same voting rights as other members of the commission.

Three members shall constitute a quorum for the transaction of business.

Members of the commission shall receive the same per diem compensation as members of the Columbus County Board of Commissioners.

Any vacancy on the commission because of death, resignation, removal from the county or for any reason, shall be filled within 15 days by the remaining members of the commission, and the person Appointed shall serve for the unexpired term of the member causing the vacancy. In the event there is a tie vote for the filling of a vacancy, the resident superior court judge shall, within 15 days, cast the deciding vote. In the event the remaining members do not appoint some person to fill the vacancy within 15 days after it occurs, the resident superior court judge shall appoint some person to fill the vacancy."

Sec. 2. The terms of those persons appointed as members of the Columbus County Public Safety Commission pursuant to Section 1 of Chapter 311, Session Laws of 1973, are hereby extended or reduced, as the case may be, to expire on the day the members elected in 1976 take office.

In addition to the five incumbent members of the Columbus County Public Safety Commission, there shall be added to said commission five new commissioners, to wit: Miles Williams, Rt. 1, Clarendon, N.C.; Bill Waddell, Rt. 1, Fair Bluff, N.C.; Robert C. Stanley, Rt. 3, Whiteville, N.C.; E. S. Jacobs, Rt. 1, Bolton, N.C.; and Donald Marks, Rt. 1, Riegelwood, N.C., who shall take an oath of office and their term shall begin five days after ratification of this act. These additional five commissioners and the five incumbent members of the Columbus County Public Safety Commission shall serve until the election herein provided for of the five members of the Columbus County Public Safety Commission and until said elected members have qualified and taken office.

From the date the five new members qualify for office all 10 members shall receive one-half the per diem compensation of members of the Columbus County Board of Commissioners until the election herein provided for and the qualification of the newly elected five members who shall thereafter receive the same per diem compensation of the Columbus County Board of Commissioners.

Sec. 3. Section 2 of Chapter 311, Session Laws of 1973, is hereby repealed.

Sec. 4. On or after January 1, 1977, the Columbus County Public Safety Commission is hereby authorized to create five residence districts in Columbus County for the purpose of electing members of the Columbus County Public Safety Commission as herein provided.

(a)       The commission shall first adopt a resolution of intent which shall (1) describe the five resident districts to be created; (2) state that one member of the Columbus County Public Safety Commission will be elected from each of the districts, and shall be elected by the voters of the entire county; and (3) set a date for a public hearing at which any person may be heard.

(b)       The resolution of intent and a notice of the public hearing shall be published at least once a week for two weeks prior to the date set for the public hearing. After the public hearing the Columbus County Public Safety Commission may adopt a resolution finding that it is in the best interest of law enforcement and public safety in Columbus County to create residence districts for the purpose of electing members of the Columbus County Public Safety Commission. If the resolution is adopted it shall describe the residence districts, which need not be those described in the resolution of intent, and shall state that one member from each of the districts shall be elected to the Columbus County Public Safety Commission by the qualified voters of the county.

(c)       The resolution shall not be effective unless adopted 30 days prior to the last day that notice of candidacy must be filed for candidates desiring to run in the primary election. The resolution shall be filed with the Columbus County Board of Elections and the State Board of Elections, and shall be published in a newspaper having general circulation in the county at least once a week for two weeks immediately after its adoption.

(d)       Upon adoption of the resolution as provided herein one member of the Columbus County Public Safety Commission shall be elected from each of the five districts described in the resolution. Only qualified voters who reside in the district shall be eligible to hold office. In the election, the candidate from each district receiving the highest number of votes shall be elected. The candidates shall be elected by the voters of the entire county, and vacancies on the commission occurring because of death, resignation, removal from the county or any other reason shall be filled within 15 days by the remaining members of the commission and the person appointed shall be a qualified voter residing in the district where the vacancy occurred and the person appointed shall serve for the unexpired term of the member causing the vacancy. In the event there is a tie vote for filling of a vacancy, the resident superior court judge shall within 15 days cast the deciding vote. In the event the remaining members of the commission do not appoint some person to fill the vacancy within 15 days after it occurs the resident superior court judge shall appoint some person to fill the vacancy.

Sec. 5. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 3rd day of June, 1975.