NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1005

HOUSE BILL 1522

 

AN ACT TO PROVIDE FOR A MERGER OF THE WAKE AND RALEIGH BOARDS OF EDUCATION BY A VOTE OF THE PEOPLE AND TO CHANGE THE MEMBERSHIP OF THE WAKE COUNTY BOARD OF EDUCATION.

 

Whereas, the citizens of Wake County have expressed a desire for a merger vote on the question of consolidation of the Raleigh City Schools and the Wake County Schools into one merged unit; and

Whereas, the Wake County Commissioners have heretofore authorized and directed a detailed study of the Public Schools of Wake County, known as the Peabody Report, which gives recommendations pertaining thereto; and

Whereas, the Raleigh School Board and the Wake County School Board have statutory authority to implement a merger of the two systems, in conjunction with the Wake County Board of Commissioners, and said Boards have undertaken merger discussion, but have been unable to agree upon the exact terms thereof, and it is the purpose of this act to provide an alternate means for merger of said systems with the approval of the voters of Wake County; and

Whereas, the Wake County Board of Commissioners has recommended that the size of the Wake County Board of Education be increased, as an interim measure to aid in planning the merger, contingent upon a favorable vote of the people, and it is the intent of this act to permit said increase if the merger is approved, to aid in the transition, whereby nine members of the Wake County Board and seven members of the existing Raleigh City Board could resolve the educational and technical questions necessary to implement merger, with a resulting nine-man merged board to assume full authority from and after the effective date of merger; Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. Effective July 1, 1973, subject to the approval of the voters of Wake County at an election to be held prior to January 1, 1973, and on a date set by the Wake County Board of Commissioners, the Wake County Board of Education and the Board of Education of the Raleigh City School Administrative Unit are hereby consolidated and merged.

The form of the ballot shall be as follows:

"[ ]     FOR consolidation and merger of the Raleigh City School Administrative Unit and the Wake County School Administrative Unit and the creation of one administrative board for all of the public schools in Wake County.

"[ ]     AGAINST consolidation and merger of the Raleigh City School Administrative Unit and the Wake County School Administrative Unit and the creation of one administrative board for all of the public schools in Wake County."

Sec. 2. The name by which the merged school administrative unit shall be identified and known is the Wake County Public School Administrative Unit.

Sec. 3.  From and after July 1, 1973, all of the public schools of the administrative unit created by this merger shall be administered by the Board of Education which shall be known as the Board of Education of the Wake County Public School Administrative Unit and which shall be composed of nine members who shall be elected as hereinafter provided. This nine-member Board of Education shall have the responsibility for administering all the public schools of said unit from and after July 1, 1973, and until their successors shall have been duly elected as hereinafter provided.

Said nine-member Board of Education shall meet on July 1, 1973, and by majority vote, elect one of its members as its Chairman and one of its members as its Vice Chairman, who shall hold their offices as Chairman and Vice Chairman for one year and/or until their successors are elected and qualified as hereinafter provided.

Said Board of Education shall also at its first meeting on July 1, 1973, elect a Superintendent and an Associate Superintendent, who shall hold their respective offices for the term specified by the Board of Education and until their respective successors are elected and qualified.

The Board of Education shall have authority to place in their respective budgets, funds with which to pay their members a per diem, and allowance for mileage and to reimburse said members for expenses incurred in the performance of their duties.

Sec. 4. These nine members shall be elected at a special nonpartisan election to be held during April or May, 1973, on a date set by the Wake County Board of Commissioners. Five members of the Board of Education shall be elected from that area of Wake County exclusive of Raleigh Township and four members of the Board of Education shall be elected from that area of Wake County included in Raleigh Township; each member to be a bona fide resident of the area from which he is elected. Voting for each member of the Board of Education shall be countywide and shall not be confined to the area of which the candidate is a resident. In the event of the failure of any candidate to receive a majority vote as required by law, the additional elections to be held shall be in accordance with the general election laws of the State of North Carolina.

Sec. 5. In the election to be held as provided in Section 4, the two candidates from Raleigh Township receiving the highest number of votes and the three candidates from that are of Wake County exclusive of Raleigh Township receiving the highest number of votes and who are duly elected to the membership of said Board of Education of the Wake County Public School Administrative Unit shall be elected for a term which shall expire on July 1, 1978, and the two candidates from Raleigh Township and the two candidates from that area of Wake County exclusive of Raleigh Township who receive the next highest votes and who are declared to be elected to membership on said Board of Education of the Wake County Public School Administrative Unit shall be elected for a term which shall expire on July 1, 1976. In the biennial primary election beginning with the year 1976, and every four years thereafter, four members of said Board of Education of the Wake County Public School Administrative Unit shall be elected to four-year terms to fill the vacancies of those members whose terms shall expire. In the biennial primary election beginning with the year 1978, and every four years thereafter, five members of said Board of Education of the Wake County Public School Administrative Unit shall be elected to four-year terms to fill the vacancies of those members whose terms shall expire. Candidates filing for election shall be bona fide residents of either the area of Wake County exclusive of Raleigh Township or the area of Wake County included in Raleigh Township represented by the vacancies on the Board of Education in accordance with the number and allocation herein.

Sec. 6. Election of members of the Board of Education of the Wake County Public School Administrative Unit shall be nonpartisan and the names of all persons who shall properly become candidates for election to said Board of Education shall be listed on a separate nonpartisan ballot beginning with the primary election to be held in 1976. In the event of the failure of any candidate to receive a majority vote as required by law, the additional elections to be held shall be in accordance with the general election laws of the State of North Carolina.

Sec. 7. Any vacancies created by the death, resignation or inability of any Board member to perform the duties of his office may be filled in accordance with the provisions of G.S. 115-24 for the unexpired term of such member by a majority vote of the remaining members of the Board.

If no candidate shall offer for any position on the Board of Education of the Wake County Public School Administrative Unit, or if any candidate for any position shall withdraw before elected, or, having been elected, shall for any reason fail or refuse to qualify for said position, said Board of Education shall at the first meeting of said Board following the election for members of said Board, by majority vote, fill any vacancy or vacancies which shall exist on said Board. In selecting a member to fill a vacancy, the remaining members of the Board shall select a member who is a bona fide resident of the area of Raleigh Township or the Township other than Raleigh Township represented by the Board member whose death, resignation or inability to serve created such a vacancy.

Sec. 8. The Board of Education of the Wake County Public School Administrative Unit shall have all the authority, powers and duties conferred upon Boards of Education by the laws of the State of North Carolina. Any matter not specifically provided for in this act shall be governed by the laws of North Carolina.

Sec. 9.  Upon the effective date of the merger contemplated by this plan and agreement, to wit, July 1, 1973, all the facilities, properties, structures, funds, contracts, deeds, titles and other obligations, assets and liabilities of the Wake County Board of Education and the Board of Education of the Raleigh City School Administrative Unit shall be, and are hereby, transferred to the Board of Education of the Wake County Public School Administrative Unit.

Upon said effective date, all records, personal property, real property, equipment and facilities of the Wake County Board of Education and the Board of Education of the Raleigh City School Administrative Unit are to be, and are hereby, transferred to the Board of Education of the Wake County Public School Administrative Unit, and on said date the contracts of all personnel, teachers, clerical and other employees of the Wake County Board of Education and the Board of Education of the Raleigh City School Administrative Unit, except as otherwise provided in this agreement, are transferred to and assumed by the Board of Education of the Wake County Public School Administrative Unit.

From and after the effective date of the merger contemplated by this plan and agreement, to wit, July 1, 1973, the Board of Education of the Wake County Public School Administrative Unit will operate all of the public schools in Wake County and take over and assume the debts, liabilities and obligations of the Wake County Board of Education and the Board of Education of the Raleigh City School Administrative Unit, and, upon said effective date, all budgeted funds in possession of the Wake County Board of Education and/or the Board of Education of the Raleigh City School Administrative Unit are hereby transferred to said Board of Education of the Wake County Public School Administrative Unit.

Sec. 10. The Board of Education of the Wake County Public School Administrative Unit may appoint an advisory council and/or lay committees 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 councils shall be determined by the Board. The terms of office of any advisory councils in existence on July 1, 1973, shall expire.

Sec. 11.  The Board of Education of the Raleigh City School Administrative Unit and the Board of Education of Wake County shall appoint a committee from their respective Boards numerically equal representing both Boards, to coordinate this consolidation and merger plan until the merger is effective. Included among other duties and functions of this committee shall be the following:

(a)       Regular monthly meetings with reports and recommendations to the separate Boards for affirmative action;

(b)       Recommendations for the gradual implementation of merger and coordination of activities of the two units during the calendar year 1972;

(c)       Coordination of the budgets for the two units for the 1972-1973 school year, and for the 1973-1974 school year;

(d)       Upon approval of merger, the committee shall also coordinate said 1973-1974 budget for the merged Board of Education of the Wake County Public School Administrative Unit;

(e)       Upon approval of merger, and subject to approval by the separate Boards, the committee shall recommend the employment of an acting administrator or superintendent to coordinate, supervise, and implement merger; and

(f)        Any other matters that will cause merger and consolidation to be more effective and orderly.

Sec. 12. The five members of the Wake County Board of Education in office on the date this act becomes effective, and their successors, shall continue in office if said merger is adopted, until July 1, 1973.

In the event the Wake County Board of Commissioners shall increase the size of the Wake County Board of Education, as hereinafter provided in Section 15, said additional four members, and their successors, shall continue in office if said merger is adopted, until July 1, 1973.

The seven members of the Board of Education of the Raleigh City School Administrative Unit in office on the date this act becomes effective, and their successors, shall continue in office if said merger is adopted, until July 1, 1973.

Any vacancies created by the death, resignation or inability of any member of either Board to perform the duties of his office may be filled in accordance with the provisions of G.S. 115-24 for a term expiring on July 1, 1973, by a majority vote of the remaining members of the Board on which said vacancy exists.

If said merger is approved by the voters of Wake County, the provisions of this Section shall supersede any other local act, and the term of office of said Boards shall be extended, or shortened, as herein provided to terminate and expire on July 1, 1973.

If said merger is defeated, the term of office of each of said four members, appointed by the Wake County Board of Commissioners, and their successors, shall terminate on January 1, 1973, and said Board of Education of Wake County shall consist of the original five members, or their successors and shall continue as provided in Chapter 852, 1963 Session Laws, and other local acts and general statutes pertaining to said Board; provided however, in the event the merger is defeated at an election held after January 1, 1972, the term of office of the member of said Board (District No. 3) which would otherwise become vacant in 1972, shall be extended for two years, becoming vacant in 1974.

If said merger is defeated, the term of office of each member of the Board of Education of the Raleigh City School Administrative Unit shall continue as otherwise provided by local acts and general statutes.

Sec. 13. The Board of Education of Wake County and the Board of Education of the Raleigh City School Administrative Unit may fix the compensation of each member not to exceed $25.00 per meeting for official meetings of record and travel expense not to exceed 10 cents per mile to and from the place of meeting. Said compensation and expenses may also be paid to any member of the merger committee, including persons elected to the Board of Education of the Wake County Public School Administrative Unit for each official meeting of the merger committee.

After July 1, 1973, the Board of Education of the Wake County Public School Administrative Unit may fix the compensation of each member not to exceed $25.00 a meeting for official meetings of record and travel expenses not to exceed 10 cents per mile to and from place of meeting.

Sec. 14. In addition to the authority contained in Section 11, the Board of Education of the Raleigh City School Administrative Unit and the Board of Education of Wake County may have joint or separate meetings and committees to coordinate this consolidation and merger plan until the merger is effective, and either Board or both may contract with any other person, firm or agency to render assistance in implementing the consolidation and merger plan.

Sec. 15. In order to implement consolidation and merger, as provided in Section 1 of this act, the Wake County Board of Commissioners is authorized and empowered to immediately appoint four additional members to the Board of Education of Wake County, for the term set forth in Section 12 of this act, thereby increasing said Board to nine members.

Prior to making said new appointments, the Wake County Board of Commissioners shall consult with the existing Wake County School Board and the local advisory councils and shall make said appointments from the area of Wake County exclusive of Raleigh Township.

It is the intent of this Section that each Wake county high school attendance district shall be represented on the new nine-man interim board, but said Wake County Board of Commissioners shall not be bound by this sentence.

Sec. l6.  (a)  Except as modified in this act, the Board of Education of Wake County and the Board of Education of the Raleigh City School Administrative Unit shall have all of the powers contained in Chapter 115, North Carolina General Statutes.

(b)       In the event a majority of the voters of Wake County shall vote against consolidation and merger, pursuant to the vote authorized in Section 1 of this act said vote shall in no way be construed to prohibit the exercise of the provisions of Article 8 of Chapter 115 of the General Statutes of North Carolina.

Sec. l7. All laws and clauses of laws in conflict with this act are repealed.

Sec. 18. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 20th day of July, 1971.