S.L. 1967-906

NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 906

SENATE BILL 353

AN ACT TO PROVIDE, SUBJECT TO A VOTE OF THE QUALIFIED VOTERS OF GASTON COUNTY, FOR THE REORGANIZATION AND CONSOLIDATION OF THE GASTONIA CITY SCHOOL ADMINISTRATIVE UNIT, THE CHERRYVILLE CITY SCHOOL ADMINISTRATIVE UNIT AND THE GASTON COUNTY SCHOOL ADMINISTRATIVE UNIT, FOR THE ISSUANCE OF NOT EXCEEDING $20,000,000 SCHOOL BUILDING BONDS OF GASTON COUNTY AND FOR THE LEVYING OF A COUNTY-WIDE SUPPLEMENTAL SCHOOL TAX NOT TO EXCEED FIFTY CENTS ($.50) PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION.

The General Assembly of North Carolina do enact:

Section 1. As used in this Act certain terms are defined as follows:

(a) The term "Gastonia City Board" shall mean the Gastonia City Board of Education and the term "Cherryville City Board" shall mean the Cherryville City Board of Education.

(b) The term "existing County Board" shall mean the existing Gaston County Board of Education.

(c) The term "Interim Board" shall mean the members of the Gastonia City Board, the Cherryville City Board and the existing County Board acting jointly and together as hereinafter provided for the administration of all of the public schools within Gaston County for the interim period hereinafter provided in this Act.

(d) The term "Gastonia City Administrative Unit" shall mean the geographical territory over which the Gastonia City Board of Education exercises authority in administering and operating the public schools of said unit.

(e) The term "Cherryville City Administrative Unit" shall mean the geographical territory over which the "Cherryville City Board of Education" exercises authority in administering and operating the public schools of said unit.

(f) The term "County Administrative Unit" shall mean the geographical territory over which the Gaston County Board of Education exercises authority in administering and operating the public schools of said unit.

(g) The term "County Commissioners" shall mean the Board of Commissioners of Gaston County.

(h) The term "Gaston County Board of Education" shall mean the single Board hereinafter established by this Act for the purpose of operating and administering all of the public schools of Gaston County, including those schools now operated and administered by the Gastonia City Board of Education, the Cherryville City Board of Education and the Gaston County Board of Education.

Sec. 2. When fully constituted and established the Gaston County Board of Education shall consist of nine members, and each of said members shall be residents and qualified voters of the districts hereinafter described according to the membership allocations hereinafter made to said districts as follows:

Four members shall be elected, one from each of the following areas or districts, said members to be voted on by the voters of Gaston County at large.

1. Gaston County School Planning Area or District I shall be entitled to one member.

2. Gaston County School Planning Area or District II shall be entitled to one member.

3. Gaston County School Planning Area or District III shall be entitled to one member.

4. Gaston County School Planning Area IV shall be entitled to one member.

5. Five members shall be elected from the County at large without regard to planning area, district, or township limitations.

The Gaston County Board of Commissioners is hereby authorized and directed to define the boundaries of the above referred to planning areas or Districts I, II, III and IV and to publish the boundaries of said areas or districts prior to such time as any election hereinafter provided for is held. The Gaston County Board of Commissioners is hereby authorized to determine said boundaries utilizing standards of student population, projected growth patterns, geographical considerations and such other standards as they may determine to be applicable and in the best interests of the Gaston County Schools.

Sec. 3. In order to provide for an orderly transition in the administration of the three school units into one Gaston County Unit and in order to take advantage of the experience of the membership of the presently existing three school boards, in the event that the school building bonds, consolidation and the supplemental tax as hereinafter provided for are voted by the voters of Gaston County an Interim Gaston County Board of Education shall administer the Gaston County School system until such time as the Gaston County Board of Education herein established shall be fully constituted. The Interim Gaston County Board of Education is hereby constituted and established and the members thereof shall be elected or appointed as follows:

Prior to the time of filing of notice of candidacy for elected members of the Gaston County Board of Education the existing Gastonia City Board of Education from its membership shall appoint four members to the Interim Board, the Cherryville Board of Education from its membership shall appoint two members to the Interim Board and the existing County Board from its membership shall appoint six members to the Interim Board. The appointments from the various existing Boards of Education to the Interim Board shall be made by the full membership of said existing Boards of Education so that the Interim County Board of Education shall be composed of six members from the existing County Board, four members from the Gastonia City Board of Education and two members from the Cherryville Board of Education. Such members shall serve until the first election hereinafter provided and until such time as their successors are elected and qualify.

Sec. 4. At the time of the general election during the year 1968, there shall be elected nine members who shall after their qualification constitute the Gaston County Board of Education. Four of said members shall be residents and electors of the Planning Areas or Districts as set forth in Section 2 of this Act and five of the members shall be residents and electors of the County at large as set forth in Section 2 of this Act, and each of said members shall be elected by the voters of Gaston County at large in a nonpartisan election. At the first election held under this Act the three candidates receiving the highest number of votes in descending order shall be declared elected for six-year terms; the three candidates receiving the next highest number of votes shall be declared elected for four-year terms; and the three candidates receiving the next highest number of votes, all in descending order, shall be declared elected for two-year terms. The nine candidates receiving the highest number of votes in the election, as outlined in this Section 4, shall be certified and declared by the Board of Elections to be the members of the Gaston County Board of Education. Biennially thereafter, at each general election, the vacancies occurring in the membership of said Board shall be filled by election as the terms of the members expire, and all such members elected shall hold office for terms of six years. Vacancies occurring in the membership of said Board elected from a Planning Area or District shall be filled by election of a member whose residence is within said Area or District to the end that each of the four Planning Areas or Districts hereby authorized and created shall always have a member representing such Area or District in addition to any at large member who may also be a resident of the Planning Area or District. The persons or candidates so nominated from the Planning Areas or Districts shall be voted upon by the voters of Gaston County at large in said election. The names of candidates for election to the Gaston County Board of Education shall not appear on any ballot in the primary election but shall appear only in the general election as herein provided. A separate ballot entitled "Gaston County Board of Education" shall be used in the election and all voters qualified to vote in said general election in Gaston County shall be eligible to vote in said election. Each candidate for election for membership on the Gaston County Board of Education shall file a notice of candidacy with the Board of Elections showing the Planning Area or District of which said candidate is a resident and whether such candidate is a candidate for election from the district or for election at large. All candidates for election from the various Planning Areas or Districts or for nomination at large shall file such notice of candidacy within the time required by law for County officers to file in primary elections without declaring a party affiliation and shall pay a filing fee of ten dollars ($10.00). The election of said members of the Gaston County Board of Education shall be held, conducted and supervised by the Board of Elections, and except as herein provided the general election laws and regulations for the nomination and election of County officers, and as set forth in Chapter 163 of the General Statutes, as amended, shall apply and govern as to the holding of said election.

The members of said Board nominated and elected in the general election of 1968 shall take office on the first Monday in December, 1968, and the terms of their office shall date and extend from that time. All vacancies in the membership of the Gaston County Board of Education by reason of death, resignation or removal from area or district from which elected shall be filled by the remaining members of said Board from the area of residence in which the vacancy occurs for the complete unexpired term and within 30 days after the vacancy occurs.

In the event no candidate is elected in the general election to fill any term which is to expire, then and in that event, the Gaston County Board of Education shall declare a vacancy, and such vacancy shall be filled in accordance with the preceding paragraph of this Section 4.

The Interim Gaston County Board of Education, and thereafter the Gaston County Board of Education, shall elect a chairman and vice chairman to preside over its meetings, and the vice chairman shall be entitled to vote in all matters being considered by said Board but neither the chairman nor the vice chairman shall have the authority to cast a vote to create a tie vote and then vote again to break the tie. All members of said Board shall be equally entitled to hold any office of the Board. The Interim Board and thereafter the Gaston County Board of Education shall control, administer and operate all of the public schools in Gaston County, including the public schools now located in the Gastonia City Administrative Unit and the Cherryville City Administrative Unit, as well as the public schools now located in the Gaston County Administrative Unit. The Interim Board and thereafter the Gaston County Board of Education shall exercise all the powers, authority and duties as are now exercised and performed by City and County Boards of Education and as provided by Chapter 115 of the General Statutes, as revised and amended, and as the same may hereafter be revised and amended. All members of the said Board shall hold their offices until their successors are elected and qualified.

Sec. 5. In the event the qualified electors of Gaston County by a majority of those voting shall approve this Act in a special election or referendum as hereinafter provided, then the Interim Board shall on the first Monday following the certification of election results assume the authority and shall control, operate and administer public schools of Gaston County, including those public schools located and situated in the Gastonia City Administrative Unit and the Cherryville City Administrative Unit. The Interim Board shall meet on the first Monday following the certification of election results by the Board of Elections for the purpose of organization and the election of a superintendent and associate superintendents or assistant superintendents as provided by law.

The Interim Board and thereafter the Gaston County Board of Education shall have power and authority to prepare and submit to the Board of County Commissioners all necessary budgets, including supplemental budgets, and at the time required by law shall prepare and submit to the Board of Commissioners all necessary capital outlay, debt service, current expense budgets, including proper notice to the Board of Commissioners to include any supplemental tax with all other taxes to be levied by the Board of Commissioners for school purposes. The Board of Commissioners may approve or disapprove all budgets, in whole or in part, and shall levy such taxes as are necessary to provide for the approved budget, including the supplemental purposes, not exceeding the amount of the tax levy authorized by the vote of the people. The Interim Board shall expend all funds in conformity with the approved budgets, and in the event of a disagreement between the Interim Board and the Board of Commissioners as to the amount of the supplemental tax levy to be made or as to any budget items, such disagreement shall be resolved by the procedure provided by the General Statutes of North Carolina in Section 115-87 and Section 115-88. For the period of time during which its authority is exercised, the Interim Board shall exercise all the powers and duties that can and may be exercised by City and County Boards of Education and as provided by Chapter 115 of the General Statutes (Replacement 1960) as amended, and as the same may be hereafter revised and amended. When the Interim Board shall assume authority as herein provided in this Act, all authority and power of the Gastonia City Board, the Cherryville City Board and the existing County Board shall cease and terminate, and the same shall be vested in the Interim Board. The Interim Board is authorized and empowered to employ a superintendent, associate superintendents or assistant superintendents, and to employ all necessary principals, teachers, clerical assistants, janitors, maids and all other necessary school employees or personnel as now provided by the public school law. In the event the Interim Board shall assume power and authority to administer the public school system of the County of Gaston, including the public schools of the Gastonia City Administrative Unit and the Cherryville City Administrative Unit, then its power and authority for such purposes shall cease and terminate on the first Monday in December, 1968, when the Gaston County Board of Education shall assume authority and its members take office as herein provided. Nothing herein shall affect the supplemental tax of any existing administrative unit or County school district levied for public school purposes unless and until the County-wide supplemental tax for all of the schools in Gaston County is approved according to the provisions of this Act.

Sec. 6. In the year 1969, and in each subsequent year, at the same time the other budgets are filed, the Gaston County Board of Education shall file a supplemental budget and request that a sufficient levy be made by the Board of Commissioners on all taxable property located within Gaston County not to exceed the rate voted by the people in said County. The Board of Commissioners may approve or disapprove the supplemental budget, in whole or in part, and shall levy such taxes as are necessary to provide for the approved budget for supplemental purposes, not exceeding the amount of the tax levy authorized by the vote of the people. The expenditure of the proceeds of said levy shall be in accordance with the aforesaid supplemental budget as approved by the Board of Commissioners. In the event of a disagreement between the Gaston County Board of Education and the Board of Commissioners as to the amount of the supplemental tax levy to be made such disagreement shall be resolved by the procedure provided in G. S. 115-87 and G. S. 115-88.

Sec. 7. The financial administration of the Gaston County Board of Education shall be governed by the provisions of the General Statutes of North Carolina as they apply to the financial administration of County school administrative units. Notwithstanding the provisions of G. S. 115-50, the monthly payroll therein provided for, as to each school, shall be signed by the principal of the school and it shall not be required that committee chairmen sign the same. Whenever the Gaston County Board of Education shall have authorized the execution of any contract, conveyance, or other instrument, the vice chairman shall have the same authority as the chairman to execute the same on behalf of such Board. In the event of the absence or inability of both the chairman and vice chairman to attend any meeting or meetings, the Gaston County Board of Education, by resolution duly adopted and spread upon the minutes of any meeting, may authorize any other member to execute any contract, for and on behalf of such Board.

Sec. 8. The superintendent of schools shall be ex officio secretary of the Gaston County Board of Education as provided by G. S. 115-56. The said Board may elect an assistant secretary to serve at the pleasure of the said Board. The assistant secretary may be, but shall not be required to be, a member of said Board. Such assistant secretary may perform the duties of the secretary of the said Board when the secretary is absent from any meeting or for any other reason is unable to perform his duties as secretary. The assistant secretary shall have authority to attest all contracts, conveyances, and other instruments which are required by law to be attested by the secretary. The secretary, or in his absence the assistant secretary, shall keep the minutes of all meetings of the said Board and it shall be the duty of such secretary or assistant secretary to furnish each member of the said Board with a copy of the minutes as soon after any meeting as may be reasonably practicable. In addition to the election of a superintendent of schools in the manner provided by the general law, the said Board may employ such associate superintendents and assistant superintendents and such other administrative officers as it may deem necessary and proper, and prescribe their duties. Except as modified by other provisions of this Act, all principals and teachers shall be elected in the manner prescribed by the general law. The Board may delegate to the superintendent of schools, or to one or more associate superintendents or assistant superintendents or to other administrative officers, authority to employ and prescribe the duties of all other employees or classes of employees, including janitors and maids, and to fix the compensation within such limits as the Board may prescribe and to determine the terms or periods for which they shall be employed. The compensation of administrative officers of the Board shall be fixed by the Board. Out of any local supplement the Board may pay to any employee or employees such compensation, in addition to compensation paid such employee or employees by the State, as it may deem proper.

Sec. 9. The Gaston County Board of Education as herein created may appoint school committees for some or all of the schools within Gaston County in accordance with the provisions of the general public school law, but said Board shall not be required to appoint school committees for all schools, and for any school for which no school committee is appointed, the Board itself shall exercise those functions which are given to school committees under the general law. Such committees as may be appointed shall serve in an advisory capacity only.

Sec. 10. Title to all property of the Gastonia City Board of Education and the Cherryville City Board of Education and all property of the Gaston County Board of Education, both real and personal, of every kind and description, shall be vested in the Interim Gaston County Board of Education as of the first Monday following the certification of election results and to its successors as hereinafter provided in this Act. The Gastonia City Board, the Cherryville City Board and the Gaston County Board shall have full and ample authority after date of election and prior to such date to execute all such deeds and other writings as may be deemed necessary to vest record title to any such property in the Gaston County Board of Education. All claims and demands of every kind which the Gastonia City Board, the Cherryville City Board and the Gaston County Board may have as of such date shall pass and be transferred to the Gaston County Board of Education, and said Board of Education shall have the same power and authority to enforce said claims and demands as the Gastonia City Board, the Cherryville City Board and the Gaston County Board would have had in the event of their continuing existence. Any obligations and liabilities of the Gastonia City Board, the Cherryville City Board and the Gaston County Board existing as of such date shall be and become the obligations and liabilities of the Gaston County Board of Education, and such obligations and liabilities may be enforced against said Gaston County Board of Education to the same extent that they might have been enforced against the Gastonia City Board, the Cherryville City Board or the Gaston County Board had they continued in existence. All unexpended taxes collected by the auditor or other proper officer of Gaston County on account of school supplement levies made within the Gastonia City Administrative Unit, the Cherryville City Unit and the Gaston County Unit, prior to such date, shall be paid by the said auditor or other proper officer to the treasurer of the Gaston County School Fund as soon as practicable.

Sec. 11. All funds or moneys now being paid to either the Gastonia City Board, the Cherryville City Board or the Gaston County Board from any sources shall be paid to the Interim Board when it assumes authority or control of the public schools as provided by this Act, and on and after the first Monday in December, 1968, all funds derived from any source for school purposes shall be paid to the Gaston County Board of Education.

Sec. 12. The compensation of the members of the Interim Gaston County Board of Education and thereafter of the Gaston County Board of Education is hereby fixed at fifteen dollars ($15.00) per meeting per member not to exceed 12 meetings per year.

Sec. 13. The Gastonia City Board of Education, the Cherryville City Board of Education and the Gaston County Board of Education, by majority vote of each of said Boards, may jointly petition the Board of Commissioners for the County of Gaston to call a county-wide election as hereinafter provided for the purpose of voting upon (a) the reorganization and consolidation of the Gastonia City School Administrative Unit, the Cherryville City School Administrative Unit and the Gaston County School Administrative Unit into one administrative unit with one Board of Education as its governing body to the end that all of the public schools of Gaston County shall be administered and operated by one Board, (b) the authorization of not exceeding twenty million dollars ($20,000,000.00) school building bonds of the County of Gaston and (c) the levying of a county-wide supplemental school tax not to exceed fifty cents ($.50) per one hundred dollars ($100.00) assessed valuation.

Sec. 14. Upon receipt of such petitions it shall be the duty of the Board of Commissioners for the County of Gaston to call an election to be held not later than June 30, 1968, for the purpose of submitting to the qualified voters of said County three questions in substantially the following form:

1. If a majority of the qualified voters of the County of Gaston who shall vote thereon shall vote for the approval of the order authorizing not exceeding twenty million dollars ($20,000,000.00) school building bonds and the levying of a county-wide supplemental school tax not to exceed fifty cents ($.50) per one hundred dollars ($100.00) assessed valuation, shall the Gastonia City Administrative Unit, the Cherryville City Administrative Unit and the Gaston County Administrative Unit be reorganized and consolidated into one administrative unit with one Board of Education as its governing body to the end that all of the public schools of Gaston County shall be administered and operated by one Board.

2. If a majority of the qualified voters of the County of Gaston who shall vote thereon shall vote for the approval of the reorganization and consolidation of the administrative units into one administrative unit with one Board of Education and for the levying of the supplemental school tax, shall an order passed by the Board of Commissioners for the County of Gaston authorizing not exceeding twenty million dollars ($20,000,000.00) school building bonds of said County for the purpose of providing funds, with any other available funds, for construction, remodeling and additions to the physical facilities of the consolidated school system of Gaston County, be approved.

3. If a majority of the qualified voters of the County of Gaston who shall vote thereon shall vote for the approval of the reorganization and consolidation of the administrative units into one administrative unit with one Board of Education and for the approval of the order authorizing not exceeding twenty million dollars ($20,000,000.00) school building bonds, shall the Board of Commissioners of Gaston County be authorized to levy a county-wide supplemental school tax not to exceed fifty cents ($.50) per one hundred dollars ($100.00) assessed valuation.

The school building bonds in an amount not exceeding twenty million dollars ($20,000,000.00) hereinabove mentioned shall be issued pursuant to and in compliance with the County Finance Act, as amended, being Article 9 of Chapter 153 of the General Statutes, and shall be issued for the purposes therein provided in G. S. 153-77(1).

Such election shall be held and conducted, in accordance with the applicable provisions of the General Statutes of North Carolina, in the same manner as elections are held to determine the question of the issuance of bonds. The form of the ballot shall be determined by the Board of Commissioners of said County and voting machines may be used.

The Board of Commissioners shall prepare a statement showing the number of votes cast for and against each question and declaring the result of the election, which statement shall be signed by a majority of the members of said Board and delivered to the clerk or recording officer who shall record it in the minutes of such Board and file the original in his office and publish it once in a newspaper of general circulation in Gaston County.

Sec. 15. If all of the conditions prerequisite to the issuance of bonds set forth in this Act are not complied with and satisfied, no school building bonds shall be issued under this Act and the Board of Commissioners for the County of Gaston shall repeal the order authorizing such school building bonds if such order shall have been approved by the voters.

Nothing contained in this Act shall limit or restrict the power of the County of Gaston to authorize and issue bonds for school purposes pursuant to and in compliance with the County Finance Act, as amended, including the issuance of bonds for the same purpose and in the same amount as may be authorized pursuant to the provisions of this Act.

Sec. 16. All general or public laws inconsistent with and in conflict with this Act are hereby repealed.

Sec. 17. All Special, Local, Public-Local or Private Laws inconsistent with and in conflict with this Act are hereby repealed.

Sec. 18. If any clause, sentence, paragraph or provision of this Act shall for any reason be adjudged by any court to be unconstitutional or invalid, such judgment shall not affect or invalidate the remainder of this Act but shall be confined in its operation to the clause, sentence, paragraph or provisions adjudged unconstitutional or invalid.

Sec. 19. 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 23rd day of June, 1967.