S.L. 1977-484

1977 SESSION

CHAPTER 484

SENATE BILL 497

AN ACT TO PROVIDE FOR THE NOMINATION AND ELECTION OF THE BUNCOMBE COUNTY BOARD OF EDUCATION.

The General Assembly of North Carolina enacts:

Section 1. The Buncombe County Board of Education shall consist of seven members who shall serve for staggered terms of four years each, as herein provided, and, for purposes of electing members of said board, the Buncombe County School Administrative Unit shall consist of all of Buncombe County outside of and excluding the City of Asheville School Administrative Unit and shall include and is divided into seven districts bounded and described as follows:

District #1, A. C. Reynolds School Attendance Zone

District #2, T. C. Roberson School Attendance Zone

District #3, Enka School Attendance Zone

District #4, Clyde Erwin School Attendance Zone

District #5, North Buncombe School Attendance Zone

District #6, Charles D. Owen School Attendance Zone

District #7, Buncombe County School Administrative Unit at large.

As the terms of the present members of the Buncombe County Board of Education expire, their successors shall be elected for terms of four years.

Sec. 2. In the primary and general election to be held for county officers in Buncombe County in 1978 and every two years thereafter candidates shall be nominated and elected for each of the districts by the voters of the Buncombe County School Administrative Unit, to succeed the members of the Board of Education as their terms expire. Candidates shall be residents of the district for which they seek election.

Sec. 3. The primary and election shall be partisan and shall be held by the Buncombe County Board of Elections in accordance with the general law regulating primaries and elections in the State.

Sec. 4. A vacancy on the board of education occurring by death, resignation, removal of residency from the district or for any other cause shall be filled for the unexpired term by a person appointed by the senior resident judge of superior court. The person appointed shall be of the same political party and must be a resident in the same district as the person causing the vacancy.

Sec. 5. Persons elected to the board of education shall qualify on the first Monday in December next, following their election. At the first meeting of the new board of education in December after each election, the members shall organize by electing one member as chairman who shall serve in such position for one year. The chairman shall preside at the meeting of the board. In the event of the chairman's absence, the board shall appoint a member to serve as temporary chairman.

Sec. 6. The chairman of the Buncombe County Board of Education shall be compensated for his services in the amount of one hundred fifty dollars ($150.00) per month, and the other members shall receive one hundred dollars ($100.00) per month.

Sec. 7. Chapter 274, Session Laws of 1967 and Chapter 532, Session Laws of 1975, are hereby repealed.

Sec. 8. This act shall become effective upon certification by the Buncombe County Board of Elections of its approval by a majority of the qualified voters in the Buncombe County School Administrative Unit at an election held at the time of the next statewide election following the passage of this bill.

The question on the ballot shall be:

"[ ] FOR election of the members of the Buncombe County Board of Education on a partisan basis.

[ ] AGAINST election of the members of the Buncombe County Board of Education on a partisan basis."

Should the majority of the vote be against the election of members of the Buncombe County Board of Education on a partisan basis, this act shall not become effective.

Sec. 9. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 7th day of June, 1977.