NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 791

HOUSE BILL 1471

 

AN ACT TO PROVIDE FOR THE REORGANIZATION AND CONSOLIDATION OF THE ROBESON COUNTY BOARD OF EDUCATION, THE ST. PAULS CITY BOARD OF EDUCATION, THE FAIRMONT CITY BOARD OF EDUCATION, THE LUMBERTON CITY BOARD OF EDUCATION, THE MAXTON CITY BOARD OF EDUCATION AND THE RED SPRINGS CITY BOARD OF EDUCATION AND TO CREATE AND ESTABLISH ONE ADMINISTRATIVE BOARD FOR ALL OF THE PUBLIC SCHOOLS IN ROBESON 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 St. Pauls City Board of Education, the Fairmont City Board of Education, the Lumberton City Board of Education, the Maxton City Board of Education and the Red Springs City Board of Education.

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

(c)       The term "Interim Board" shall mean the members of the Robeson County Board of Education, the St. Pauls City Board of Education, the Fairmont City Board of Education, the Lumberton City Board of Education, the Maxton City Board of Education and the Red Springs City Board of Education, appointed as provided for in this act and acting jointly and together for the administration of all of the public schools within Robeson County for the interim period hereinafter provided in this act.

(d)       The term "City Administrative Unit" shall mean the geographical territory over which the St. Pauls City Board of Education, the Fairmont City Board of Education, the Lumberton City Board of Education, the Maxton City Board of Education, and the Red Springs City Board of Education exercise authority in administering and operating the public schools of said units.

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

(f)        The term "County Commissioners" shall mean the Board of County Commissioners of Robeson County.

(g)       The term "Robeson County United School Board of Education" shall mean the single Board hereafter established by this act for the purpose of operating and administering all of the public schools of Robeson County, including those schools now operated and administered by the Robeson County Board of Education, the St. Pauls City Board of Education, the Fairmont City Board of Education, the Lumberton City Board of Education, the Maxton City Board of Education, and the Red Springs City Board of Education.

Sec. 2. The newly constituted and established Robeson County United School Board of Education shall consist of eleven members elected by the voters of Robeson County on a non-partisan basis for terms of four years as hereinafter provided for in this act.

Sec. 3. At the time of the primary election of State and county officers for the year 1974, there shall be nominated and elected eleven members who shall constitute the Robeson County United School Board of Education. Seven members of the Robeson County United School Board of Education shall be nominated and elected from the Robeson County Commissioners voting districts as follows: Two members from the Lumberton Commissioners District; one member from the Rowland Commissioners District; one member from the St. Pauls Commissioners District; one member from the Red Springs Commissioners District; one member from the Maxton Commissioners District; and one member from the Fairmont Commissioners District. Four members of the Board shall be nominated and elected by the voters of Robeson County at large in said primary. The seven members of the Board elected from the Robeson County Commissioners voting districts shall be elected for terms of four years and the four members of the Board nominated and elected by the voters of Robeson County at large shall be elected for terms of two years. Thereafter, all candidates shall be elected for terms of four years. All candidates for nomination shall file such notice of candidacy by noon on or before the sixth Tuesday before the date on which the primary is to be held and shall pay a filing fee of ten dollars ($10.00). The nomination and election of said members of the Robeson County United School Board of Education shall be held, conducted and supervised by the Robeson County Board of Elections, and except as herein provided, the general election laws and regulations for the nomination and election of county officers, 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. The eleven candidates receiving the highest number of votes in the election shall be certified and declared by the Robeson County Board of Elections to be the elected members of the Robeson County United School Board of Education.  Members of the Robeson County United School Board of Education nominated and elected in the primary election of 1974 shall take office on the first Monday in December, 1974, and the terms of their office shall date and extend from that time.  All vacancies in the membership of the Robeson County United School Board of Education by reason of death, resignation or otherwise shall be filled by the remaining members of said Board for the complete unexpired term. Provided, that where a vacancy occurs the individual appointed by the Board shall be a bona fide resident of the same Commissioners District as the member of the Board who caused the vacancy to occur, unless the member causing the vacancy to occur was elected at large in which event the vacancy may be filled by appointing any qualified resident of Robeson County. The Robeson County United School Board of Education shall elect a Chairman and Vice-Chairman to preside over its meetings, and the Vice-Chairman may preside in the absence of the Chairman. The Chairman and 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.  The Robeson County United School Board of Education shall control, administer and operate all of the public schools in Robeson County. The Robeson County United School Board of Education shall exercise all of 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 the said Board shall hold their offices until their successors are elected and qualified.

Sec. 4. In the event the qualified electors of Robeson County, by a majority of those voting, shall approve this act in the election or referendum as hereinafter provided, then the Interim Board shall on the first Monday in July, 1973, following the certification of the results of the election or referendum, assume the authority and shall control, operate and administer the public schools of Robeson County, including those public schools located and situated in the City Administrative Unit. Title to all property of the City Board and all the property of the County Board, both real and personal, of every kind and description, shall be vested in the Interim Board as of the first Monday in July, 1973. The City Board and the County Board shall have full and ample authority prior to the first Monday of July, 1973, to execute all such deeds and other writings as may be deemed necessary to vest record title to any such property in the Interim Board. All claims and demands of every kind which the City Board and the County Board may have as of the first Monday in July, 1973, shall pass and be transferred to the Interim Board, and said Interim Board shall have the same power and authority to enforce said claims and demands as said City Board 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 the first Monday in July, 1973, shall be and become the obligations and liabilities of the Interim Board, and such obligations and liabilities may be enforced against said Interim Board to the same extent that they might have been enforced against the City Board or the County Board had they continued in existence.  The Interim Board shall consist of the following members: Four members from the Robeson County Board of Education; one member from the Fairmont City Board of Education; one member from the Red Springs City Board of education;  one member from the St. Pauls City Board of Education; one member from the Maxton City Board of Education; and three members from the Lumberton City Board of Education, these members of the Interim Board to be appointed by the present county and city boards of education located within Robeson County. In the event a majority of the electors of Robeson County voting in the election or referendum which shall be held at the time of the November general election for State and county officers in the year 1972, shall approve the provisions of this act, then the Interim Board shall assume authority and shall control, operate and administer the public schools of Robeson County and shall begin such public school administration on the first Monday in July, 1973. The members of the Interim Board shall elect their own Chairman and Vice-Chairman to preside at meetings, and the Chairman and Vice-Chairman shall have a vote on all matters considered by the Interim Board but shall have no authority to vote to create a tie and then again vote to break the tie. The Interim Board 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 budgetary 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 in 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 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 City Board and 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. Provided, that the contract of employment of the superintendent, associate superintendents or assistant superintendents shall be for a term not in excess of June 30, 1975. In the event the Interim Board shall assume power and authority to administer the public school system of the County of Robeson, including the public schools of the City Administrative Unit, then its power and authority for such purposes shall cease and terminate on the first Monday in December, 1974, when the Robeson County United School Board of Education shall assume authority and its members take office as herein provided.  Nothing herein shall affect the supplemental tax on the City Board levied for public school purposes unless and until the county-wide supplemental tax for all the schools in the county is approved according to the provisions of this act.

Sec. 5. In the year 1975, and in each subsequent year, at the same time the other budgets are filed, the Robeson County United School 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 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. The expenditure of the proceeds of said levy shall be in accordance with the aforesaid supplemental budget as approved by the Board of Commissioners.

Sec. 6. The Robeson County United School 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. The treasurer so appointed shall continue to fill such position at the will of the Robeson County United School 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 Robeson County United School 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 said Board of Commissioners for capital outlay, current expenses and to supplement the current expense fund from State and County allotments shall be paid over to the treasurer of the Robeson County United School Board of Education at reasonable periods after the receipt of said funds by the auditor or other proper official of Robeson County; provided, however, that the Board of Commissioners shall hold and administer the proceeds of school bond sales as now provided by law. 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 Robeson County United School Board of Education shall have authorized the execution of any contract, conveyance, or any 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 Robeson County United School 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. 7. The superintendent of schools shall be ex officio secretary of the Robeson County United School 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 the 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 within seven days of any meeting. 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. The associate superintendents and assistant superintendents 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 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. 8. The Robeson County United School Board of Education as herein created shall appoint school advisory committees for each of the districts within Robeson County. Each advisory committee shall consist of five members appointed by the Robeson County United School Board of Education and shall serve at the pleasure of the Board. The purpose and function of the advisory committee shall be to serve in an advisory capacity to the Board on matters affecting the school or schools for which appointed.

Sec. 9. Title to all property of the Interim Board, both real and personal, of every kind and description, shall be vested in the Robeson County United School Board of Education as of the first Monday in December, 1974. The Interim Board shall have full and ample authority prior to the first Monday of December, 1974, to execute all such deeds and other writings as may be deemed necessary to vest record title to any such property in the Robeson County United School Board of Education. All claims and demands of every kind which the Interim Board may have as of the first Monday in December, 1974, shall pass and be transferred to the Robeson County United School Board of Education, and said Board of Education shall have the same power and authority to enforce said claims and demands as said Interim Board would have had in the event of its continuing existence. Any obligations and liabilities of the Interim Board existing as of the first Monday in December, 1974, shall be and become the obligations and liabilities of the Robeson County United School Board of Education, and such obligations and liabilities may be enforced against said Robeson County United School Board of Education to the same extent that they might have been enforced against the Interim Board had it continued in existence. All unexpended taxes collected by the auditor or other proper officer of Robeson County on account of school supplement levies made within the City Administrative Unit prior to the first Monday in December, 1974, shall be paid by the said auditor or other proper officer to the treasurer of the Robeson County United School Board of Education on or before the first Monday in December, 1974.

Sec. 10. The Board of Commissioners shall call an election or referendum on the question of the approval of this act at the November general election for State and county officers in the year 1972. At the time of the general election of State and county officers in November, 1972, there shall be submitted to the vote of the people of Robeson 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 Robeson County and for providing a supplemental school tax throughout Robeson County of thirty-five cents (35¢) on the one hundred dollar ($l00.00) valuation. The ballot at such special election or referendum or at such election or referendum held at the time of the general election of State and County officers in 1972, or earlier, as the case may be, shall contain substantially the following: "For consolidation and reorganization of the St. Pauls City Board of Education, the Fairmont City Board of Education, the Lumberton City Board of Education, the Maxton City Board of Education, the Red Springs City Board of Education, and the Robeson County Board of Education and the creation of one administrative board for all of the public schools in Robeson County and a supplemental school tax throughout Robeson County of thirty-five cents (35¢) on the one hundred dollar ($100.00) valuation." "Against consolidation and reorganization of the St. Pauls City Board of Education, the Fairmont City Board of Education, the Lumberton City Board of Education, the Maxton City Board of Education, the Red Springs City Board of Education and the Robeson County Board of Education and the creation of one administrative board for all of the public schools in Robeson County and a supplemental school tax throughout Robeson County of thirty-five cents (35¢) on the one hundred dollar ($100.00) valuation."

If, at such election or referendum whether the same be a special election or referendum or whether the same be held at the time of the general election in 1972, the majority of votes cast favor the reorganization and consolidation of the City Board and County Board and the creation of one administrative board for all of the public schools in Robeson County and the majority of votes cast also favor a supplemental school tax of thirty-five cents (35¢) on the one hundred dollar ($100.00) valuation, the preceding sections of this act shall be operative as of the first Monday in July, 1973, following the results and determination of said election or referendum, with the exception of those sections which by their nature would become operative prior to said date, 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 is against such organization and consolidation and creation of one administrative board for all of the public schools in Robeson County and is against such supplemental school tax, then in such event, the preceding sections of this act shall become inoperative.

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 by 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 cause, sentence, paragraph or provision adjudged unconstitutional or invalid.

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

In the General Assembly read three times and ratified, this the 7th day of July, 1971.