NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION
CHAPTER 375
HOUSE BILL 632
AN ACT TO MERGE OR CONSOLIDATE THE VANCE COUNTY SCHOOL ADMINISTRATIVE UNIT AND THE HENDERSON CITY SCHOOL ADMINISTRATIVE UNIT; TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE CONSOLIDATED BOARD; TO SUBMIT THE QUESTION OF SUCH CONSOLIDATION OR MERGER TO A VOTE OF THE PEOPLE OF VANCE COUNTY, AND TO PROVIDE FOR THE REORGANIZATION OF THE VANCE COUNTY BOARD OF EDUCATION IF THE MERGER OR CONSOLIDATION IS NOT APPROVED.
The General Assembly of North Carolina do enact:
Section 1. As used in this Act certain terms are defined as follows:
(a) The term "County Board" shall mean the Vance County Board of Education or the Vance County School Administrative Unit.
(b) The term "City Board" shall mean the Henderson City Board of Education or the Henderson City School Administrative Unit.
(c) The term "Consolidated Board" shall mean the Vance County Board of Education or the governing authority, or the administrative unit having charge of, operating and administering all of the public schools within Vance County after the merger or consolidation of the Vance County School Administrative Unit and the Henderson City School Administrative Unit, as provided in this Act.
(d) The term "County Commissioners" shall mean the Board of Commissioners of Vance County.
(e) The term "Board of Elections" shall mean the County Board of Elections of Vance County.
Sec. 2. The county commissioners shall call an election in Vance County within fifteen (15) days from and after the effective date of this Act for the purpose of submitting to the electors of Vance County the question of whether or not the Vance County Board of Education and the Henderson City Board of Education shall be merged or consolidated into one board of education or school administrative unit to the end that all of the public schools of Vance County shall be administered or operated by one governing authority or administrative unit. The ballot to be printed and used in said referendum or election shall be substantially as follows:
VOTE FOR ONE:
[ ] For a merger or consolidation of the Vance County Board of Education and the Henderson City Board of Education.
[ ] Against the merger or consolidation of the Vance County Board of Education and the Henderson City Board of Education.
The said election shall be held and conducted under the laws and regulations contained in G. S. 115-122 and any other pertinent provisions of Article 14 of Chapter 115 of the General Statutes, as revised and amended. If these provisions do not deal with or cover all necessary election procedure, then the laws and regulations governing the election of county officers shall be in force and effect. If a majority of the electors voting in said election approve said merger or consolidation of the county board and the city board, then such merger or consolidation shall go into effect as hereinafter provided. If a majority of the electors voting in such election do not approve said merger or consolidation, then the same shall not go into effect, and all provisions of this Act relating to such merger or consolidation shall be null and void notwithstanding provisions of the general law. The county commissioners are hereby authorized to request the board of elections to hold and conduct said election, and when such request is made it shall be the duty of the board of elections to hold and conduct such election according to the provisions of law heretofore referred to. The county commissioners are hereby authorized to appropriate and make available a sufficient sum of money to defray the expenses of said election.
Sec. 3. If a majority of those voting in the election heretofore provided and referred to shall approve a merger or consolidation of the county board and city board then, notwithstanding provisions of the general law, the county board and the city board shall each continue to operate and administer their respective public school systems in the same manner as each county board and city board has heretofore carried out its powers and duties and shall continue to do so until the first Monday in December, 1964, when the members of the consolidated board take office as hereinafter provided. If the merger of the two school systems is approved by the electors of the county the county board and city board shall plan and work together in a cooperative manner in contemplation of the fact that the two school systems will be merged effective as of the first Monday in December, 1964. For this purpose the county board and city board may meet together in joint sessions in an advisory capacity but all official action shall be taken by each respective board. If the merger or consolidation is approved as herein provided, then the terms of office of all members of the county board and all members of the city board shall terminate as soon as the members of the consolidated board are inducted into and take the oath of office and thereafter neither the county board or the city board or any of their members shall have any power, authority or status relating to the administration of the public schools of Vance County.
Sec. 4. If the electors of Vance County approve the merger or consolidation of the county board and city board as herein provided, then there is hereby constituted and established a consolidated board which shall be known and designated as: "The Vance County Board of Education", and at the regular primary for the nomination of county officers for Vance County to be held in the year 1964, there shall be nominated eleven (11) persons from the districts hereinafter designated, and these eleven (11) persons shall be voted upon for membership in the consolidated board at the general election to be held for the election of county officers for Vance County in the year 1964. The said districts and the number of persons to be nominated from each district as candidates for membership on the consolidated board are hereby established and designated as follows:
District I. Henderson Township - five (5) persons.
District II. Middleburg and Nutbush Townships - one (1) person.
District III. Sandy Creek Township - one (1) person.
District IV. Kittrell Township - one (1) person.
District V. Watkins and Dabney Townships - one (1) person.
District VI. Townsville and Williamsboro Townships - one (1) person.
District VII. All townships in Vance County - one (1) person.
The board of elections shall prepare a separate ballot for use in the primary on which shall be listed the candidates for each district separately and the name of the district. The five persons from District I receiving the highest number of votes shall be declared to be nominated, and each person in the remaining districts receiving the highest number of votes shall be declared to be nominated candidates in the general election for membership on the consolidated board. Each candidate for membership on the consolidated board shall be a resident and elector in the district which he seeks to represent, and each candidate for membership on the consolidated board must be nominated and elected by the electors in his particular district except District VII, which is for one member at large, and such member shall be nominated and elected at large by all of the electors voting in said primary and general election on a county-wide basis. All vacancies in office of the members of the consolidated board shall be filled by the remaining members of the consolidated board and the person appointed to fill a vacancy must be a resident and elector from the district of the member he is appointed to replace. An appointment to fill a vacancy on the consolidated board shall be only for that portion of the unexpired term between the time of appointment and the next general election, and at such next general election the remaining portion of the unexpired term shall be filled by election. The members of the consolidated board shall be inducted into and take the oath of office on the first Monday in December, 1964, and those members elected from District III and District V and the two members elected from District I receiving the least number of votes, and the member elected at large from Vance County, shall hold office and serve for terms of two (2) years each, and all other members shall hold office and serve for a term of four (4) years. Thereafter, all successors in office of such members shall serve for terms of four (4) years on a staggered basis. All members of the consolidated board shall hold office until their successors are duly elected and qualified. All candidates for membership on the consolidated board from the various election districts herein designated shall file a notice of such candidacy by 6:00 o'clock P. M. on or before the sixth Saturday before the date on which the primary election is to be held, and each candidate shall pay a filing fee of ten dollars ($10.00), and in addition shall certify in writing the district for which be is filing and that he is a bona fide resident and elector thereof. The nomination and election of said members of the consolidated board shall be held, conducted and supervised by the board of elections and except as herein provided the laws and regulations for the nomination and election of county officers shall be in full force and effect.
Sec. 5. The consolidated board shall exercise all of the powers, authority and duties as now exercised and performed by county and city boards of education and as provided by Chapter 115 of the General Statutes, as revised and amended. At any meeting of the consolidated board the presence of six members shall constitute a quorum.
Sec. 6. On and after the first Monday in December, 1964, the title to all property of any nature whatsoever now owned by the county board and the city board shall, as soon as practical, be vested in and transferred to the consolidated board. All papers, documents, books, records, accounts, letters, and all unexpended balances of funds, surplus funds, and all moneys whatsoever belonging to and now administered by the city board and county board shall be accounted for and turned over to the consolidated board. The county board and city board shall execute all necessary deeds, writings and documents as are necessary to legally vest title to all such property in the consolidated board. All claims and demands of any nature whatsoever and all obligations and liabilities of the county board and city board shall be assumed by the consolidated board and shall become its claims, obligations, liabilities and demands and shall be enforced by and for, as well as against, such consolidated board. Both county and city administrative units shall continue operation for the remainder of the 1964-65 school year under the direction, control, and supervision of the consolidated board. The consolidated board may appoint school committees for any or all of the school districts within Vance County in accordance with the provisions of the general school law, but said consolidated board shall not be required to appoint school committees in any or all districts, and in any district within which no school committee is appointed, the consolidated board itself shall exercise those functions which are given to school committees under the general law.
Sec. 7. The members of the consolidated board shall receive the sum of thirty dollars ($30.00) per month as compensation for services, and the chairman shall be paid the sum of sixty dollars ($60.00) per month. The consolidated board shall hold at least one meeting each month but may hold as many meetings as are necessary. The consolidated board shall set up a schedule of monthly meetings, which said meetings shall be held after notice of not less than five (5) days to the public of the time and date of same, and all such meetings shall be open to the public.
Sec. 8. If the electors of Vance County and a majority of the same voting in said election as heretofore provided shall disapprove or vote against the merger or consolidation of the county board and city board as heretofore provided, then and in that event the Vance County Board of Education is hereby constituted and established to consist of five members nominated and elected from the districts hereinafter set forth as follows: District I shall consist of Middleburg and Nutbush Townships and shall nominate and elect one member; District II shall consist of Sandy Creek Township and shall nominate and elect one member; District III shall consist of Kittrell Township and shall nominate and elect one member; District IV shall consist of Watkins and Dabney Townships and shall nominate and elect one member, and District V shall consist of Townsville and Williamsboro Townships and shall nominate and elect one member. Each member must be a resident and elector in the district which he represents and be elected solely by the voters of his district. Any person desiring to be a candidate shall be required to file his name and district with the board of elections, pay a filing fee of ten dollars ($10.00), and shall file notice of candidacy by 6:00 o'clock P. M. on or before the sixth Saturday before the date on which the primary election is to be held for the nomination of county officers in 1964. The members of this Board of Education of Vance County shall be elected in the general election to be held for county officers in the year 1964, and shall assume their duties on the first Monday in December, 1964, and the members from Districts II and IV shall serve terms of two (2) years each, and the remaining members shall serve terms of four (4) years each, and thereafter all members shall be elected for a term of four (4) years. Thereafter the members shall be nominated and elected as their terms of office expire. Any vacancy occurring on the Vance County Board of Education as provided by this Section, by death, resignation, or otherwise, shall be filled as provided by State law for filling vacancies on county boards of education, but such person appointed to fill the vacancy shall be from the same district as the person whose death, resignation or removal created the vacancy on the board. If a person who has been nominated as a candidate from any district dies or removes himself, or for any other reason cannot be a candidate in the general election, then the Vance County Board of Education shall appoint a candidate from the district represented by the dead or disqualified candidate. Such appointee shall have his name placed upon the ballot to be voted upon in the general election the same as any candidate who has been nominated in a primary.
Sec. 9. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.
Sec. 10. 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 6th day of May, 1963.