NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 554

SENATE BILL 616

 

AN ACT TO PROVIDE FOR THE REORGANIZATION AND CONSOLIDATION OF THE FAYETTEVILLE CITY BOARD OF EDUCATION AND THE CUMBERLAND COUNTY BOARD OF EDUCATION AND TO CREATE AND ESTABLISH ONE ADMINISTRATIVE BOARD FOR ALL OF THE PUBLIC SCHOOLS IN CUMBERLAND COUNTY.

 

The General Assembly of North Carolina do enact:

 

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

(a)       The term "City Board" shall mean the Fayetteville City Board of Education.

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

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

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

(e)       The term "County Commissioners" shall mean the Board of Commissioners of Cumberland County.

(f)        The term "Cumberland-Fayetteville Board of Education" shall mean the single Board hereinafter established by this act for the purpose of operating and administering all the public schools of Cumberland County, including those schools now operated and administered by the Fayetteville City Board of Education and now operated and administered by the Cumberland County Board of Education.

Sec. 2.  The newly constituted and established Cumberland-Fayetteville Board of Education shall consist of seven members.  On the effective date of merger, as hereinafter provided, the terms of office of the members of the Fayetteville City Board of Education and the members of the Cumberland County Board of Education shall terminate, regardless of whether said persons were appointed or elected to office.  On the effective date of merger, the Fayetteville City Board of Education shall select three members from the City Board and the Cumberland County Board of Education shall select four members from the County Board who shall become members of and constitute the Cumberland-Fayetteville Board of Education and shall, as of said date, commence serving their initial terms of the seven members constituting the Cumberland-Fayetteville Board of Education as follows:  one member from the City Board and one member from the County Board shall serve two year terms; one member from the City Board and one member from the County Board shall serve four year terms; two members from the County Board and one member from the City Board shall serve six year terms.  At the time of the primary and election of State and county officers for the year 1974, and biennially thereafter, at each primary and election for the nomination and election of State and county officers, the vacancies occurring in the membership of the Cumberland-Fayetteville Board of Education shall be filled by nomination and election by the voters of Cumberland County at large in a non-partisan election, and all such members so elected shall hold office for terms of 6 years.

All candidates for nomination shall file such notice of candidacy by noon on or before the sixth Saturday before the date on which the primary used to be held and shall pay a filing fee of ten dollars ($10.00). The nomination and election of said members of the Cumberland-Fayetteville Board of Education shall be held, conducted and supervised by the Cumberland County 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 primary and election.

Sec. 3.  Any vacancies which may occur on the Cumberland-Fayetteville 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.  The person so appointed to fill the vacancy must be a qualified resident of Cumberland County.

Sec. 4.  The Cumberland-Fayetteville Board of Education, within 14 days of the effective date of merger, shall elect the Chairman and Vice Chairman to preside over its meetings.  The Cumberland-Fayetteville County Board of Education shall control, administer and operate all of the public schools in Cumberland County, including the public schools now located in the Fayetteville City Administrative Unit, as well as the public schools now located in the Cumberland County Administrative Unit. The Cumberland-Fayetteville Board of Education shall exercise all the powers, authority and duties as are now exercised and performed by the 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 said Board shall hold their offices until their successors are elected and qualified.

Sec. 5.  The Cumberland-Fayetteville Board of Education shall appoint a treasurer of all the school funds which are appropriated and provided for all the public schools of the county; provided that all school debt service funds shall be deposited with the county treasurer in the manner specified by the General Statutes of North Carolina.  The treasurer so appointed shall continue to fill such position at the will of the Cumberland-Fayetteville Board of Education. No person authorized to make the expenditures or draw vouchers therefor, or to approve the same, shall act as treasurer of said funds.  The treasurer shall give bond for the faithful performance of his duties in such amount as the Cumberland-Fayetteville Board of Education may prescribe, but in no event for less than twenty-five thousand dollars ($25,000). Except as herein otherwise expressly provided, the treasurer shall perform the duties prescribed by the applicable provisions of Chapter 115 of the General Statutes and shall be subject to all such provisions.  All sums appropriated by the Cumberland County Board of Commissioners for capital outlay, current expenses and to supplement the current expense fund from State and county allotment shall be paid over to the treasurer of the Cumberland-Fayetteville Board of Education at reasonable periods after receipt of said funds by the auditor or other proper official of Cumberland County; provided, however, that the Board of Commissioners shall hold and administer the proceeds of school bond sales as now provided by law; provided further that the county accountant shall countersign all checks, warrants, and orders of the Board of Education as provided by Section 115-90 of the General Statutes of North Carolina.  In accordance with 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.  Whenever the Cumberland-Fayetteville 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 Cumberland-Fayetteville Board of Education by resolution duly adopted and spread upon the minutes of any such meeting, may authorize any other member to execute any contract, for and on behalf of such Board.

Sec. 6.  The Cumberland-Fayetteville Board of Education is authorized and empowered to employ a Superintendent, Associate Superintendent or Assistant Superintendent, and to appoint all necessary principals, teachers, clerical assistance, janitors, maids and all other necessary school employees or personnel as now provided by the public school law.

Sec. 7.  The Superintendent of Schools shall be ex officio secretary of the Cumberland-Fayetteville Board of Education as provided by G.S. 115-56.  Said Board may elect an assistant secretary to serve at the pleasure of 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 said 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.  They may be elected to serve at the pleasure of the Board for such terms as may be fixed by the Board, but the terms of any Associate Superintendents or Assistant Superintendents shall not exceed the term for which the Superintendent is employed.  Except as modified by other provisions of this act, all principals and teachers shall be elected in the manner as prescribed by 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 term 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. 8.  In the event of merger, title to all property of the City Board of Education and all property of the County Board of Education, both real and personal, of every kind and description, shall be vested in the Cumberland-Fayetteville Board of Education as of July 1, 1972.  All claims and demands of every kind which the City Board and County Board may have as of July 1, 1972, shall pass and be transferred to the Cumberland-Fayetteville Board of Education, and the said Board shall have the same power and authority to enforce said claims and demands as said City and County Board would have had in the event of their continuing existence.  Any obligations and liabilities of the City Board or County Board existing as of July 1, 1972, shall be and become the obligations and liabilities of the Cumberland-Fayetteville Board of Education, and such obligations and liabilities may be enforced against said Cumberland-Fayetteville Board of Education to the same extent that they might have been enforced against the City Board or the County Board had they continued in existence.  All unexpended taxes collected by the auditor or other proper officer of Cumberland County on account of school supplement levies made within the City Administrative Unit prior to July 1, 1972, shall be paid as soon as practicable by the said auditor or other said proper officer to the treasurer of the Cumberland-Fayetteville Board of Education.

Sec. 9.  The compensation of the members of the Cumberland-Fayetteville Board of Education is hereby fixed at twenty-five dollars ($25.00) per meeting attended, plus mileage at the rate of ten cents (10¢) per mile or actual travel expenses incurred in the regular performance of their duties.  In addition to the compensation herein provided for, the Chairman of the Cumberland-Fayetteville Board of Education shall receive an additional five hundred dollars ($500.00) annually, payable monthly.

Sec. 10.  The Board of Elections of Cumberland County shall within ten days after ratification of this act by the General Assembly of North Carolina initiate the election process and shall set forth the date and time such election shall be held. Provided, that the election must be held within 120 days of the ratification of this act by the General Assembly of North Carolina.  When the special election or referendum is called by the Board of Elections of Cumberland County the same shall be held and conducted by the Board of Elections.  At any special election or referendum, there shall be submitted to the vote of the people of Cumberland County the question of the reorganization and consolidation of the City Board and County Board and the creation of one administrative board for all the public schools in Cumberland County and for providing a supplemental school tax throughout Cumberland County not to exceed forty cents (40¢) on the one hundred dollar ($100.00) valuation.  The ballot at such special election or referendum shall contain substantially the following language:

"For consolidation and reorganization of the Fayetteville City Board of Education and the Cumberland County Board of Education and the creation of one administrative board for all the public schools in Cumberland County and a supplemental school tax throughout Cumberland County not to exceed forty cents (40¢) on the one hundred dollar ($100.00) valuation."

"Against consolidation and reorganization of the Fayetteville City Board of Education and the Cumberland County Board of Education and the creation of one administrative board for all the public schools in Cumberland County and a supplemental school tax throughout Cumberland County not to exceed forty cents (40¢) on the one hundred dollar ($100.00) valuation."

If at any election or referendum the majority of the votes cast favor the reorganization and consolidation of the City Board and the County Board and the creation of the Cumberland-Fayetteville Board of Education and the majority of the votes cast also favor a supplemental school tax not to exceed forty cents (40¢) on the one hundred dollar ($100.00) valuation, the preceding sections of this act shall be operative as of July 1, 1972, following the results and determination of said election or referendum, and the supplemental school tax authorization shall become effective at the same time.

If the majority of the votes so cast at said election or referendum are against such reorganization and consolidation and creation of the Cumberland-Fayetteville Board of Education, and are against such supplemental school tax, then in such event, the preceding sections of this act shall not become operative.

Sec. 11.  All general or public laws inconsistent with and in conflict with this act are hereby repealed.

Sec. 12.  All special, local, public-local or private laws inconsistent with and in conflict with this act are hereby repealed.

Sec. 13.  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. 14.  This act shall be in force upon ratification.

In the General Assembly read three times and ratified, this the 14th day of June, 1971.