NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 738

SENATE BILL 929

AN ACT TO PROVIDE FOR THE ELECTION OF THE DURHAM CITY BOARD OF EDUCATION BY THE QUALIFIED VOTERS IN THE SCHOOL DISTRICT ADMINISTERED BY IT COMMENCING IN 1975 AND QUADRENNIALLY THEREAFTER.

The General Assembly of North Carolina enacts:

Section 1. Section 4, Chapter 86, Session Laws of 1887 and all other laws and clauses of laws in conflict herewith are hereby repealed, and all present terms of membership on the Durham City Board of Education, whether or not now filled, shall expire on the first Monday in December, 1975. At that time, a new Durham City Board of Education, consisting of five members, and having been selected in accordance with the procedures in Section 2 et seq. below, shall be sworn, take office, and serve the city school district for a term of four years.

Sec. 2. Commencing with and at the time of the primary election in 1975, the five members of the Durham City Board of Education shall be elected on a nonpartisan basis by the voters residing in the school district administered by it, and shall be so elected quadrennially thereafter. In any such election the names of the candidates shall be printed on the ballots without reference to any party affiliation and any qualified voter residing in the city school district shall be entitled to vote such ballots. Except as otherwise provided herein, the election shall be conducted according to the provisions of Chapter 163 of the General Statutes then governing municipal elections.

Sec. 3. No person shall be eligible for election to or continued service on the Durham City Board of Education unless such person shall be a bona fide resident of and in the geographical area within the boundaries of the Durham City School District at the time of filing his or her notice of candidacy, and continuously during the term for which elected.

Sec. 4. Those persons who shall be elected members of the Durham City Board of Education must qualify by taking the oath of office on or before the first Monday in December next succeeding their election. A failure to qualify within that time shall constitute a vacancy which shall be filled as hereinafter set out. If any candidate elected pursuant to the provisions of this act shall die, resign or for any reason become ineligible or disqualified between the date of his election and the date of his qualification, such vacancy caused thereby shall be filled by appointment by the other persons elected in that election. All vacancies in the membership of the board after election and qualification of its members, by death, resignation or other cause, shall be filled by appointment by the remaining members of the board, of a person to serve for the remainder of the unexpired term.

Sec. 5. Members of the Durham City Board of Education shall be paid per diem compensation of twenty-five dollars ($25.00) for each board meeting attended, not to exceed three meetings per month, and fifteen cents (15 ¢) per mile to and from places of meetings.

Sec. 6. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1975.