GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 212

HOUSE BILL 525

 

AN ACT TO PROVIDE FOR A CHANGE IN THE MANNER OF SELECTION OF THE WASHINGTON CITY BOARD OF EDUCATION, SUBJECT TO A REFERENDUM.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Section 6 of Chapter 409, Private Laws of 1899, as amended by Section 2 of Chapter 136, Private Laws, Extra Session of 1921 and Chapter 228, Private Laws of 1933, is rewritten to read and the following new sections added to Chapter 409, Private Laws of 1899:

"Sec. 6. The public schools of the Washington City School Administrative Unit shall be under the control and management of a board of education composed of nine members, who shall be residents of the unit.

Sec. 6.1.  The members of the board of education shall be elected at large by the voters of the Washington City School Administrative Unit.  In the 1984 general election for county officers and biennially thereafter, nine persons shall be elected for two-year terms.

Sec. 6.2.  Members of the board of education shall take office on the first Monday in December following their election.

Sec. 6.3.  Elections shall be at large from the unit, shall be conducted on a nonpartisan basis, and the results shall be determined by the plurality method in accordance with G.S.  163- 292.  Elections shall be conducted by the Beaufort County Board of Elections.  Candidates shall file notice of candidacy with a filing fee of five dollars ($5.00) during the period beginning at 12:00 noon on the last Monday in June and ending at 12:00 noon on the first Monday in August of the year of election.  The forms shall be as prescribed by the Beaufort County Board of Elections and shall be similar to that in G.S. 163-294.2(a).

Sec. 6.4.  In 1984, the Washington City Council shall appoint three members of the Washington City Board of Education to serve until the first Monday in December of 1984 to succeed those appointed to serve until June 30, 1984.  The terms of office of the three persons appointed to the Washington City Board of Education by the Washington City Council in 1982 for three-year terms to expire June 30, 1985, and the three persons appointed in 1983 for three-year terms to expire June 30, 1986, are shortened to expire on the first Monday in December of 1984."

Sec. 2.  Section 6 of Chapter 409, Private Laws of 1899, as amended by Section 2 of Chapter 136, Private Laws, Extra Session of 1921 and Chapter 228, Private Laws of 1933, is rewritten to read and the following new sections added to Chapter 409, Private Laws of 1899:

"Sec. 6. The public schools of the Washington City School Administrative Unit shall be under the control and management of a board of education composed of nine members, who shall be residents of the unit.

Sec. 6.1.  Three members of the board of education shall be appointed by the Washington City Council in 1984 to serve from July 1, 1984, until the first Monday in December of 1986.  In 1986 and biennially thereafter, three persons shall be appointed to serve two-year terms beginning on the first Monday in December of the even-numbered year.

Sec. 6.2.  Six members of the board of education shall be elected at large by the voters of the Washington City School Administrative Unit.  In the 1984 general election for county officers and biennially thereafter, six persons shall be elected for two-year terms.

Sec. 6.3.  Elected members of the board of education shall take office on the first Monday in December following their election.

Sec. 6.4.  Elections shall be at large from the unit, shall be conducted on a nonpartisan basis, and the results shall be determined by the plurality method in accordance with G.S. 163- 292.  Elections shall be conducted by the Beaufort County Board of Elections.  Candidates shall file notice of candidacy with a filing fee of five dollars ($5.00) during the period beginning at 12:00 noon on the last Monday in June and ending at 12:00 noon on the first Monday in August of the year of election.  The form shall be as prescribed by the Beaufort County Board of Elections and shall be similar to that in G.S. 163-294.2(a).

Sec. 6.5.  The terms of office of the three persons appointed to the Washington City Board of Education by the Washington City Council in 1982 for three-year terms to expire June 30, 1985, and the three persons appointed in 1983 for three-year terms to expire June 30, 1986, are shortened to expire on the first Monday in December of 1984."

Sec. 3.  (a) Sections 1 and 2 shall not become effective unless approved by the voters of the Washington City School Administrative Unit.  The Beaufort County Board of Elections shall hold a special election on October 11, 1983, (the date of the Washington City election) on the question of approval of Sections 1 or 2 of this act.

(b)       The form of the ballot shall be:

 "VOTE FOR ONLY ONE CHOICE

1.         @ FOR Washington City Board of Education consisting of nine persons elected by the voters of the Washington City School Administrative Unit.

2.         @ FOR Washington City Board of Education consisting of six persons elected by the voters of the Washington City School Administrative Unit and three persons appointed by the Washington City Council.

3.         @ FOR Washington City Board of Education consisting of nine persons appointed by the Washington City Council."

(c)       If a majority of the votes cast are in favor of question 1, then Section 1 of this act shall become effective upon the date of certification of the election results, and Section 2 of this act shall have no force or effect.

(d)       If a majority of the votes cast are in favor of question 2, then Section 2 of this act shall become effective upon the date of certification of the election results, and Section 1 of this act shall have no force or effect.

(e)       If a majority of the votes cast are in favor of question 3, then neither Section 1 nor 2 of this act shall have any force or effect.

Sec. 4.  (a) If neither question 1, 2, nor 3 receives a majority of the votes cast in the October 11, 1983, election, then the Beaufort County Board of Election shall hold a second special election on November 8, 1983, if there is a run-off election for Mayor of Washington or Washington City Council, or there is another city, county, or State election or referendum on November 8, 1983, or on the date of the first 1984 primary election if there is no such election or referendum on November 8, 1983.

(b)       At the second special election, the voters shall vote between the two questions provided in Section 3(b) of this act which received the two highest number of votes in the October 11, 1983, special election. Only those two questions shall appear on the ballot. Sections 3(c), 3(d), and 3(e) of this act as appropriate shall determine the effect the second special election has on Sections 1 and 2 of this act. Absentee ballots for the second special election if it is held on November 8, 1983, shall be available at least 10 days before the election.

Sec. 5.  The Beaufort County Board of Elections shall certify the results of any election held under Section 3 or 4 of this act to the Secretary of State.

Sec. 6.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 22nd day of April, 1983.