NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 646
HOUSE BILL 766

AN ACT TO PROVIDE FOR THE REORGANIZATION AND CONSOLIDATION OF THE BURKE COUNTY BOARD OF EDUCATION, THE MORGANTON GRADED SCHOOL DISTRICT (MORGANTON CITY SCHOOLS), AND THE GLEN ALPINE GRADED SCHOOL DISTRICT (GLEN ALPINE CITY SCHOOLS), AND TO CREATE AND ESTABLISH ONE ADMINISTRATIVE UNIT FOR ALL oF THE PUBLIC SCHOOLS IN BURKE COUNTY.

The General Assembly of North Carolina do enact:

Section 1. The purposes of this Act, among others, are to provide an enabling Statute, in addition to other Statutes which may be available for such purposes, for the merger of the Burke County Board of Education, the Morganton Graded School District (Morganton City Schools), and the Glen Alpine Graded School District (Glen Alpine City Schools) into one administrative unit which will administer all of the public schools of Burke County, including those schools now operated and administered by the Burke County Board of Education, the Morganton Graded School District (Morganton City Schools), and the Glen Alpine Graded School District (Glen Alpine City Schools).
Sec. 2. That wherever used in this Act the Burke County Board of Education shall mean the Burke County Board of Education Administrative Unit, and the Morganton Graded School District (Morganton City Schools) shall mean the Morganton City Schools Board of Education Administrative Unit, and the Glen Alpine Graded School District (Glen Alpine City Schools) shall mean the Glen Alpine City Schools Board of Education Administrative Unit.
Sec. 3. The Burke County Board of Education, the Morganton City Schools Board of Education, and the Glen Alpine City Schools Board of Education, by majority vote of the full membership of each of said Boards, may jointly petition the Burke County Board of Commissioners for the county-wide election on the following subjects: (a) the merger of the Burke County Board of Education Administrative Unit and the Morganton City Schools Board of Education Administrative Unit, and the Glen Alpine City Schools Administrative Unit, and their respective Boards of Education; (b) the construction of new consolidated high schools to be located in accordance with the recommendations of the State Survey, January, 1963, and to be established to serve all of the students in Burke County, and the issuance of bonds pursuant to the County Finance Act, as amended, for construction of said consolidated high schools and for other school capital outlay purposes in an amount not to exceed eight million dollars ($8,000,000.00) to be determined by the Burke County Board of Commissioners upon the request of a majority of the members of the existing Burke County, Morganton, and Glen Alpine Boards of Education; (c) to require the merged Burke County Public Schools Board of Education to request and the Burke County Board of Commissioners to appropriate annually from general tax revenues, such funds as will provide funds which shall be no less than the current expense expenditures per student levied and appropriated to the administrative units in the Burke County school system during the fiscal year preceding the year in which the election as herein set forth for the merger is held; (d) to require the county commissioners to levy a county-wide supplemental school tax computed on the then current county-wide taxable valuation at a rate to produce not less than the per capital dollar produced per student by the existing supplemental tax in the Morganton Graded School District in the last completed fiscal year preceding the election, not to exceed fifty cents (50¢) per one hundred dollar ($100.00) valuation.
Sec. 4. Upon the receipt of such petitions, it shall be the duty of the Burke County Board of Commissioners to call an election upon the foregoing subjects within 60 days thereafter and fix the date for the same which shall be held within 120 days thereafter. Such election shall not be held at the time of any other election nor in conjunction with an election for any other purpose whatsoever. The provisions of this Act, relating to the merger of the Burke County Board of Education, the Morganton City Schools Board of Education, and the Glen Alpine Schools Board of Education, shall be contingent upon the approval, by a majority of voters voting in a county-wide election, of all of the proposals as set out in subsections (a) through (d) of Section 3 of this Act. The said election shall be conducted in accordance with the applicable provisions of the General Statutes of the State of North Carolina. The ballot to be printed and used in said referendum of election shall be substantially as follows:

BALLOT
1.	The merger of the Burke County Board of Education Administrative Unit, the Morganton City Schools Board of Education Administrative Unit, and the Glen Alpine Schools Administrative Unit and their respective Boards of Education and to create and establish one administrative unit for all of the public schools in Burke County.
2.	The construction of new consolidated high schools in Burke County to be located in accordance with the recommendations of the State Survey, January, 1963, and the issuance of bonds not in excess of eight million dollars ($8,000,000.00) pursuant to the County Finance Act, as amended, for the acquisition of land, construction costs of the buildings, equipment and for other school capital outlay purposes.
	[ ]			3.	To require the merged Burke County Public Schools Board of
	FOR		Education to request and the Burke County Board of Commissioners
	all 4 issues	to appropriate annually from general tax revenues, such funds as will
provide, current expense expenditures per student, funds which shall be no less than the current expense expenditures per student levied and appropriated to the administrative units in the Burke County school system during the fiscal year preceding the year in which the election as herein set forth for the merger held.
	[ ]			4.	To require the county commissioners to levy a county‑wide
	AGAINST	supplemental school tax computed on the then current county‑wide
	all 4 issues	taxable valuation at a rate to produce not less than the per capita
dollar produced per student by the existing supplemental tax in the Morganton Graded School District in the last completed fiscal year preceding the election, not to exceed fifty cents (50¢) per one hundred dollar ($100.00) valuation.
Sec. 5. In the event of merger, the following shall apply:
(a)	On the effective date of merger as hereinafter provided, the terms of office of the members of the Burke County Board of Education, the Morganton City Schools Board of Education, and the Glen Alpine City Schools Board of Education shall terminate subject to continuing duties herein prescribed, regardless of whether said persons were appointed or elected to office, and the Burke County Board of Education shall, on said date, select four members from this Board and the Morganton City Schools Board of Education shall select three members from its Board, and the Glen Alpine City Schools Board of Education shall select two members, from its Board who shall become members of and constitute the Burke County Public Schools Board of Education and shall, as of said date, commence serving their initial terms on said consolidated Board. In order to assure that each high school geographical district will be represented on said initial Board and thereafter, the Burke County Board of Education shall select at least two members from the high school districts not represented by the Morganton City Schools Board of Education and the Glen Alpine Schools Board of Education. In event no current member of the Burke County Board of Education is a resident of a high school district, not otherwise represented, the Burke County Board of Education shall have full power and authority to appoint a member from such high school district regardless of whether he is at that time serving on the Burke County Board of Education.
(b)	Of said nine members who shall initially constitute the Burke County Public Schools Board of Education, three members shall serve for an initial term that shall expire at 12:00 noon on the first Monday in May of the odd year succeeding their appointment. Three members shall serve for an initial term that shall expire at 12:00 noon on the first Monday in May two years thereafter. The remaining three members shall serve for an initial term which shall expire at 12:00 noon on the first Monday in May four years thereafter. Newly elected members shall assume their offices at 12:00 noon on the first Monday of May following their election. At the initial meeting of said newly constituted Board of Education, lots shall be drawn by the members so selected, and constituting the new Board, to determine whose terms shall expire according to the above determined staggered term. Upon said determination, the terms shall be recorded in the minutes of the newly constituted Board of Education and said members shall serve in accordance therewith. Persons who shall serve initial terms shall be determined by the respective Boards of Education as above set forth.
(c)	In the year in which the initial terms of the first three such persons referred to in subsection (b) of Section 5 above shall expire, and in a regular county-wide biennial School Board election thereafter, three persons shall be elected for six-year terms on said Board, three persons shall be elected two years thereafter and three persons elected two years later. The result of this procedure shall be that the membership of the Board shall initially consist of nine persons, and shall thereafter consist of nine persons, three of whom shall be elected every two years to serve a term of six years each. No person shall be eligible to serve more than two successive six-year elective terms.
(d)	On the first Tuesday after the first Monday in April of each odd year succeeding the appointment of the initial Board and at a time other than when a regular, special or general election is held for the election of any other governmental official, and each two years thereafter at the same time, there shall be elected from the candidates who have filed in accordance with this Act three members of the Board of Education who shall serve for a term of six years each.
The Board of Elections shall prepare a ballot for use at the election and on which shall be listed the names of the candidates. The names of the candidates shall bear no party designation. Except as herein provided, the election herein provided, shall be held and conducted and supervised by the County Board of Elections under the laws and regulations providing for the election of county officers.
The County of Burke shall be divided into high school geographical districts and at all times each high school district shall be represented by at least one member of the Board of Education. Whenever a vacancy occurs or is about to occur due to the expiration of a term, the candidates running in said high school district shall be so designated on the ballot. All candidates shall be voted for by the electorate at large. A candidate must have been a resident of said high school geographical district for at least six months prior to the date of election in order to be eligible to run in said district. Provided, if such School Board member moves from said district during the term for which he is elected and he is the only member from such district serving on the Board, such office shall immediately become vacant and shall be filled by a person residing in such district (for at least six months prior thereto) in accordance with this Section. Otherwise, said Board member may continue to serve as long as he remains competent to do so for the duration of his term.
(e)	All candidates for membership on the Burke County Public Schools Board of Education shall file a notice of such candidacy by 5:00 p.m. on or before the fourth Friday before the date on which the 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 that he is a bona fide resident of Burke County and the district he filed to represent, and a qualified registered voter therein, said notice to be filed with the Burke County Board of Elections.
All persons registered and qualified to vote in the preceding general election and those registered and qualified to vote in accordance with the general election laws of North Carolina shall be eligible to vote in the election for the members of the Board of Education.
(1)	Any vacancies which may occur on the Burke County Public Schools Board of Education after the initial Board has been created shall be filled by appointment by a majority of the remaining members of the Board for the unexpired term.
(f)	Within 90 days after the successful vote on all of the issues presented, the three Boards of Education shall be convened by the chairman of the Burke County Board of Education for the purpose of approving and adopting the high school geographical district lines (in conformity with the 1963 State Survey) in order that the initial and succeeding Boards of Education shall have represented thereon at least one member from each high school district so designated. A majority of all of the members of said Boards of Education shall constitute a quorum and a majority of those present shall be sufficient to approve and adopt said high school district lines.
(g)	In the event no candidate is elected in the School Board election to fill any term which is about to expire, then and in that event, the Burke County Public Schools Board of Education shall declare a vacancy, and such vacancy shall be filled in accordance with subsection (e) (1) of Section 5 above.
(h)	Any meeting of the three existing Boards of Education required under this Act shall be convened by the chairman of the Burke County Board of Education with no less than two days' notice to each member. A majority of the existing members of the three Boards of Education shall constitute a quorum and a majority of those present shall be sufficient to carry any issue.
Sec. 6. The following provisions shall apply in the event of merger under the plan provided for in this Act.
(a)	The consolidated Board shall be the County Board of Education in and for Burke County and shall have county-wide jurisdiction over the public schools system in Burke County, including all municipalities located therein. The name of the consolidated Board shall be: Burke County Public Schools Board of Education.
(b)	The members of the Burke County Public Schools Board of Education shall be residents of Burke County.
(c)	For the fiscal year beginning July 1 immediately following the merging of the three Boards of Education, if the consolidated Board is not created in sufficient time to present its supplemental tax budget and its capital outlay, debt service and current expense budgets within the time prescribed by law for said fiscal year, then the members of the Burke County Board of Education, the Morganton City Schools Board of Education, and the Glen Alpine Schools Board of Education, acting jointly and by majority vote of all members present, shall determine the amount and contents of the school budget, including current expense, capital outlay, and debt service, requested for the fiscal year beginning July 1 of that year, and shall give the Burke County Board of Commissioners due notice thereof in time to levy such taxes as may be necessary to provide funds for said budget of that year, and the said three Boards of Education acting in like manner, shall prepare and submit to the Board of Commissioners the capital outlay, debt service, and current expense budgets for that fiscal year within the time prescribed by law. In the event that it is necessary for the three administrative units to submit a budget as herein set out, it shall be the responsibility of the chairman of the Burke County Board of Education to convene and to preside at the joint meetings of said parties meeting for this purpose.
(d)	Each year following the merging of the three Boards of Education, at the same time the other school budgets are filed, the Burke County Public Schools Board of Education shall file a supplemental tax budget which, shall provide a minimum expenditure per student from supplemental funds which is not less than the supplemental taxes collected per student by the Morganton City Schools Administrative Unit during the fiscal year prior to the year in which such election is held. The Board of Commissioners shall assign the supplemental tax collected to the Burke County Public Schools Board of Education and said funds shall at all times remain under the control of said Board which shall adopt a budget for and approve all expenditures therefrom. Said funds shall be allocated on an equal per capita basis among the students in the various high school attendance zones. The Burke County Board of Commissioners shall approve the regular school budgets and shall then provide the funds therefor.
(e)	The Burke County Public Schools Board of Education, as reorganized, shall appoint a treasurer of all the schools funds of the Burke County Public Schools Administrative Unit. The treasurer so appointed shall continue to fill such position at the discretion of the Board of Education. No persons authorized to make the expenditures or draw vouchers therefor, or to approve 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 of Education 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 of such provisions of said Chapter. All sums appropriated by said Board of Commissioners for school capital outlay, for current expense, and to supplement the current expense fund from State and county allotments shall be paid over to the treasurer of the Burke County Public Schools Board of Education at reasonable periods after the receipt of said funds by the treasurer of the Burke County Public Schools Board of Education at reasonable periods after the receipt of said funds by the treasurer of Burke County; provided, however, that the Board of Commissioners shall hold and administer the proceeds of school bonds sales in accordance with the procedure now being followed in holding and administering the proceeds of such sales.
(f)	In addition to the powers and duties of the Board of Education herein set forth, the Board of Education shall have, possess, and be charged with all of the duties and responsibilities of Boards of Education provided for in Chapter 115 of the General Statutes of North Carolina which are not inconsistent or in conflict with this Act.
(g)	Five members of the full membership of the Burke County Public Schools Board of Education shall constitute a quorum, and such quorum shall be necessary to transact any official business of the Board.
(h)	There shall be regular stated meetings of the Burke County Public Schools Board of Education which shall be approved by said Board. Special or called meetings shall be held when called by the secretary with the advice and consent of the chairman or vice chairman. Any three members of the Burke County Public Schools Board of Education shall have the privilege and right to call a meeting of said Board.
(i)	Burke County Public Schools Board of Education may appoint an advisory council for any school or for all the schools within the system. The purpose and function of an advisory council shall be to serve in an advisory capacity to the Board on matters affecting the school or schools for which it is appointed. The organization, terms, composition, and regulations for the operation of such advisory council shall be determined by the Board.
(j)	Title to the property of the Burke County Board of Education, the Morganton City Schools Board of Education, and the Glen Alpine Schools Board of Education, both real and personal, of every kind and description, including all funds to which each administrative unit is entitled, including unexpended balances, shall be vested in the Burke County Public Schools Board of Education as of the effective date of consolidation. The Burke County Board of Education, the Morganton City Schools Board of Education, and the Glen Alpine Schools Board of Education shall have full and ample authority to execute without consideration therefor or public sale of the 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 Burke County Public Schools Board of Education. The newly elected officers shall have the right and authority to execute any documents on behalf of each of the three administrative units for the purpose of conveying to and vesting in the newly created Burke County Public Schools Board of Education any and all property, both real and personal.
(k)	All claims and demands of every kind which the Burke County Board of Education, the Morganton City Schools Board of Education, or the Glen Alpine Schools Board of Education may have as of the effective date of consolidation shall pass and be transferred to the newly created Burke County Public Schools Board of Education, and the Burke County Public Schools Board of Education shall have the same power and authority to enforce said claims and demands as the Burke County Board of Education, the Morganton City Schools Board of Education, and the Glen Alpine Schools Board of Education would have had in the event of their continuing existence. Any obligations or liabilities of either of said three Boards existing as of the effective date of consolidation, shall be and become the obligations and liabilities of the newly created Burke County Public Schools Board of Education and such obligations and liabilities may be enforced against said Burke County Public Schools Board of Education to the extent that they might have been enforced against the Burke County Board of Education, the Morganton City Schools Board of Education or the Glen Alpine Schools Board of Education had the said Boards continued in existence.
(l)	As of the effective date of consolidation, all provisions of the Charter of the Morganton City Schools Board of Education and the Glen Alpine Schools Board of Education relating to public schools shall be deemed to be and are hereby repealed.
Sec. 7. The provisions of this Act shall prevail over any inconsistent provisions of Chapter 115 of the General Statutes of North Carolina and other general or special Acts.
Sec. 8. The provisions of the preceding Sections of this Act shall be contingent upon the following:
1.	Merger under the plan as set forth in this Act.
2.	The issuance of bonds pursuant to the County Finance Act, as amended, and the construction of new consolidated high schools to be established to serve the students of Burke County, and for other school purposes and in an amount as determined by the Burke County Board of Commissioners upon the request of the existing city and county Boards of Education.
3.	Requiring the Burke County Public Schools Board of Education to request and the Burke County Board of Commissioners to appropriate annually from general tax revenues, such funds as will provide, current expense expenditures per student, funds which shall be no less than the current expense expenditures per student levied and appropriated to the administrative units in the Burke County school system during the fiscal year preceding the year in which the election as herein set forth for the merger is held.
4.	To require the County Commissioners to levy a county-wide supplemental school tax computed on the then current county-wide taxable valuation at a rate to produce not less than the per capita dollar produced per student by the existing supplemental tax in the Morganton Graded School District in the last completed fiscal year preceding the election, not to exceed fifty cents (50¢) per one hundred dollar ($100.00) valuation.
Sec. 9. (a) Upon a favorable vote on all of the issues submitted at the public election, the Burke County Board of Education, the Morganton City Schools Board of Education, and the Glen Alpine City Schools Board of Education shall be merged and the effective date of the merger shall be July 1 next following the election. (b) Upon a favorable vote on all of the issues submitted at the public election, the supplemental tax approved under Section 3 (d) of this Act shall replace all supplemental school taxes theretofore approved by the voters of the various special school tax districts in the county, including the Glen Alpine and Morganton school districts. All taxes levied thereafter shall be levied pursuant to the provisions of this Act. All supplemental school taxes in the county including those in Glen Alpine and Morganton City Schools, previously levied and uncollected shall be collected by the Burke County Tax Collector and remitted to the Burke County Public School Board of Education to be appropriated under Section 6 (d) of this Act.
Sec. 10. 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. 11. It is contemplated that a superintendent, associate superintendents, and assistant superintendents and other school officials will have to be employed so as to organize the schools and perform certain duties prior to the effective date of the merger. Therefore, upon the successful vote of all of the issues presented, the three Boards of Education of the administrative units shall meet no more than 120 days nor less than 90 days prior to the effective date of the merger and shall have full authority to employ such personnel. The chairman of the Burke County Board of Education shall convene said Board and preside at said meeting. The Board of Education shall have the authority to establish the salaries to be paid for such officials and designate the administrative unit budget from which said salaries are to be paid. Provided, however, that the first superintendent shall be elected from applicants other than personnel constituting personnel of the three systems at the time of the merger.
Sec. 12. If an election under this Act fails to carry on the subjects in Section 3 (a) through (d) or if no petition for consolidation is made under Section 3 or if such petition is made but not approved as required under Section 4 of this Act, another election may be petitioned by the three Boards of Education for vote on the subjects as outlined in Section 3 (a) through (d) at any time after expiration of six months following the date of the last preceding election called and held under this Act.
Sec. 13. Nothing in this Act shall operate to repeal any special school tax now provided for by law for the Burke County Board of Education Administrative Unit, the Morganton City Schools Board of Education Administrative Unit, or the Glen Alpine Schools Administrative Unit unless a majority of the votes cast in said election authorizes the subjects in Section 4 (a) through (d) of this Act and until the merger of the units is effective.
Sec. 14. 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 31st day of May, 1967.