NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 181

HOUSE BILL 717

 

 

AN ACT TO PROVIDE FOR A REFERENDUM ON THE ELECTION OF MEMBERS OF THE GREENSBORO CITY BOARD OF EDUCATION AND ON THE ESTABLISHMENT OF ELECTORAL DISTRICTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The terms of the current members of the Greensboro City Board of Education shall expire as follows:

1.       Dr. Charles Klotzberger on December 3, 1980.

2.       Jo Ann Scoggin on December 6, 1982.

3.       Dr. Otis L. Hairston on December 3, 1980.

4.       James P. Davis on December 6, 1982.

5.       Lacy G. Baynes on December 3, 1980.

6.       Joanne K. Bluethenthal on December 3, 1980.

7.       James E. Betts on December 3, 1980.

Nothing contained in this act shall cause any current member of the Greensboro City Board of Education to lose eligibility to hold office on account of residence until the end of his or her current term, unless he or she ceases to be resident of the Greensboro City School Administrative Unit.

Sec. 2. Section 2.2 of Section 4 of Chapter 385 of the 1949 Session Laws, as amended by Chapter 186 of the 1959 Session Laws and Chapter 472 of the 1975 Session Laws, is hereby rewritten to read as follows:

"§ 2.2.  Membership, election and terms of board members. – (a)  At the 1980 general election, seven members shall be elected to the Greensboro City Board of Education. Six members shall be elected from six single member electoral districts established by the Greensboro City Board of Education and one member shall be elected from the Greensboro City Administrative Unit at large. All persons elected shall serve for terms of four years. The board shall be composed of nine members from December 3, 1980 until December 6, 1982. Thereafter, the board shall be composed of seven members.

(b)       The nonpartisan primary method of election shall be used and the results of the general election and any primary election shall be determined in accordance with the provisions of G.S. 163-294. The general election and any primary election shall be conducted by the Guilford County Board of Elections.

(c)       The general election for members of the board shall be held every four years, beginning in 1980, on the Tuesday after the first Monday in November. All qualified voters residing within the Greensboro City Administrative Unit shall be eligible to vote in the general election for all candidates. Primary elections, if necessary, shall be held every four years, beginning in 1980, on the fourth Tuesday before the general election. A primary shall be held for each electoral district for which more than two candidates file for election. Only the qualified voters residing within the electoral district shall be eligible to vote at any such primary election. The two candidates with the highest number of votes will be the electoral district nominees. A primary shall also be held if more than two candidates file for election to the at-large seat. All qualified voters residing within the Greensboro City Administrative Unit shall be eligible to vote at the primary for the at-large seat. The two candidates with the highest number of votes for the at-large seat shall be the at-large nominees.

(d)       All candidates for election to the board shall file their candidacy in accordance with the provisions of G.S. 163-294.2.

(e)       Except as otherwise provided in this Code, the election shall be conducted in accordance with the provisions of Articles 23 and 24 of Chapter 163 of the General Statutes.

(f)        The Greensboro City Board of Education shall divide the territory within the Greensboro City Administrative Unit into six single member electoral districts within one year following passage of the referendum provided for in Section 6 of this act. The resolution establishing the electoral districts shall, as nearly as possible, follow precinct lines and maintain an equality of voters within each district. Such resolution may be amended after each decennial census, but such amendment shall not affect the eligibility of any member to hold office until the end of that member's term.

(g)       District candidates shall reside in the district from which they are elected. At-large candidates shall reside within the Greensboro City Administrative Unit.

(h)       Persons elected to the board shall take office on the first Monday in December following their election."

Sec. 3. Section 2.3 as it appears in Section 4 of Chapter 385 of the 1949 Session Laws is hereby rewritten to read as follows:

"§ 2.3.  Vacancies. – If any vacancy occurs in the membership of the board as a result of the death or resignation of a member, or a change in any member's residence from the Greensboro City Administrative Unit, or otherwise, such vacancy shall be filled by majority vote of the remaining members of the Greensboro City Board of Education, after giving notice of the vacancy and requesting nominations from the electorate. The person elected to fill the vacancy shall meet the residency requirements of Section 2.2(g).

A change in a member's residence, during the term of his office, from one electoral district to another electoral district within the Greensboro City Administrative Unit shall not create a vacancy."

Sec. 4. Section 2.5 of Section 4 of Chapter 385 of the 1949 Session Laws, as amended by Chapter 186 of the 1959 Session Laws, is hereby amended by deleting therefrom the word "appointed" and inserting in lieu thereof the word "elected".

Sec. 5. Section 2.7(a) as it appears in Section 4 of Chapter 385 of the 1949 Session Laws is hereby rewritten to read as follows:

"(a)      The members of the board shall at their regular December meeting of each year, elect a chairman and a vice-chairman of the board for a term of one year, beginning upon election. The officers so elected shall serve for a term of one year, or until their successors are elected."

Sec. 6. (a)  Sections 1 through 5 of this act shall be effective only upon approval by a majority of votes cast by the voters of the Greensboro City Administrative Unit. The referendum shall be held May 22, 1979. The Guilford County Board of Elections shall give proper notice of the referendum as required by law.

The form of the ballot shall be:

BALLOT

Shall an act adopting a change in the method of selecting members of the Greensboro City Board of Education as set forth below be adopted?

"FOR ____ The board shall consist of seven members who shall

AGAINST ____ serve for a term of four years. The election of members shall be on a non-partisan basis with a primary method of election. The City School Administrative Unit shall be divided into six electoral districts with one member of the board elected from each district in which such member must reside. Only the qualified voters residing within the electoral district shall be eligible to vote at any such primary election. The two candidates with the highest number of votes will be the electoral district nominees in the general election. There shall be one member of the board elected from the city at-large. All qualified voters within the Greensboro City Administrative Unit shall be eligible to vote at the primary for the at-large seat. The two candidates with the highest number of votes for the at-large seat shall be the at-large nominees in the general election."

(b)       In the event that a majority of votes are not cast in favor of the approval of the act, then Sections 1 through 5 of this act shall have no force or effect.

(c)       The terms of office of Lacy G. Baynes and Otis Hairston which are scheduled to expire on March 31, 1979, are extended until the first Monday in December, 1980, unless the referendum is defeated in which case the Greensboro City Council may appoint individuals to serve terms expiring March 31, 1983.

Sec. 7. All laws and clauses of laws in conflict with this act are repealed.

Sec. 8. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 22nd day of March, 1979.