Bill Text: NC H19 | 2017-2018 | Regular Session | Amended
Bill Title: Organizational Meeting/Local Elected Boards
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2017-06-08 - Re-ref to Select Committee on Elections. If fav, re-ref to Rules and Operations of the Senate [H19 Detail]
Download: North_Carolina-2017-H19-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 3
HOUSE BILL 19
Committee Substitute Favorable 2/21/17
Third Edition Engrossed 2/22/17
Short Title: Organizational Meeting/Local Elected Boards. |
(Public) |
|
Sponsors: |
|
|
Referred to: |
|
|
January 26, 2017
A BILL TO BE ENTITLED
AN ACT amending the laws regarding when local elected boards select a chair and other officers of the board when there is a delay in the determination of election results.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C‑41 reads as rewritten:
"§ 115C‑41. Organization of board.
(a) Unless otherwise
provided by local law, all local boards of education shall have an
organizational meeting no later than 60 days after the swearing in of all members
filling vacant seats following election or appointment and as often
thereafter as the board shall determine appropriate. The board may fix the date
and time of its organizational meeting. At the organizational meeting the
members of all boards shall elect one of their members as chairman chair
for a period of one year, or until his a successor is elected
and qualified. The chairman chair of the local board of education
shall preside at the meetings of the board, and in the event of his absence
or sickness, the board may appoint one of its members temporary chairman.chair.
(a1) If, notwithstanding subsection (a) of this section, following an election, one or more members of the board cannot be sworn in due to an election protest under G.S. 163‑182.9, the chair chosen the previous year shall continue to hold that position until the election protest is resolved and all board members take the oath of office. If the chair chosen the previous year is no longer a member of the board, the board members may choose a temporary chair to serve until the election protest is resolved and all board members take the oath of office. At the first regular meeting of the local board of education following the qualification of the newly elected board member or members, the local board of education shall choose a chair for the remainder of that year.
(a2) The superintendent of schools, whether a county or
city superintendent, shall be ex officio secretary to his or her
respective board. He The superintendent shall keep the minutes of
the meetings of the board but shall have no vote: Provided, that in the event
of a vacancy in the superintendency, the board may elect one of its members to
serve temporarily as secretary to the board.
(b) All local boards of
education shall meet on the first Monday in January, April, July, and October
of each year, or as soon thereafter as practicable. A board may elect to hold
regular monthly meetings, and to meet in special session upon the call of the chairman
chair or of the secretary as often as the school business of the
local school administrative unit may require."
SECTION 2. G.S. 130A‑56 reads as rewritten:
"§ 130A‑56. Election of officers; board compensation.
(a) Upon election, a sanitary district board shall meet and elect one of its members as chairperson and another member as secretary. The chairperson of the sanitary district board shall preside at the meetings of the board, and in the event of absence or sickness, the board may appoint one of its members temporary chairperson.
(a1) If, notwithstanding subsection (a) of this section, following an election, one or more members of the sanitary district board cannot be sworn in due to an election protest under G.S. 163‑182.9, the chairperson and secretary chosen the previous year shall continue to hold their positions until the election protest is resolved and all board members take the oath of office. If the chairperson or secretary chosen the previous year is no longer a member of the board, the board members may choose a temporary chairperson or secretary to serve until the election protest is resolved and all board members take the oath of office. At the first regular meeting of the board following the qualification of the newly elected board member or members, the board shall choose a chairperson and secretary.
(b) The board may employ a clerk or other assistants as necessary and may fix duties of and compensation for employees. A sanitary district board may remove employees and fill vacancies.
(c) The board may fix the
compensation and allowances of the chairman chairperson and other
members of the board by adoption of the annual budget ordinance, payable from
the funds of the district, but no increase may become effective earlier than
the first meeting of the board following the next election of board members
after adoption of the ordinance. Until adoption of an ordinance under this
subsection, each member of the board may receive compensation as provided for
members of State boards under G.S. 138‑5, payable from funds of the
district."
SECTION 3. G.S. 153A‑39 reads as rewritten:
"§ 153A‑39. Selection of chairman and vice‑chairman;
chair and vice‑chair; powers and duties.
(a) On:
(1) The first Monday in December of each even‑numbered year; and
(2) Its first regular meeting in December of each odd‑numbered year,
the board of commissioners shall
choose one of its members as chairman chair for the ensuing year,
unless the chairman chair is elected as such by the people or
otherwise designated by law. The board shall also at that time choose a vice‑chairmanvice‑chair
to act in the absence or disability of the chairman.chair. If the
chairman chair and the vice‑chairmanvice‑chair
are both absent from a meeting of the board, the members present may choose a
temporary chairman.chair.
(b) If, notwithstanding subsection (a) of this section, following an election, one or more members of the board cannot be sworn in due to an election protest under G.S. 163‑182.9, the chair and vice‑chair chosen the previous year shall continue to hold their positions until the election protest is resolved and all board members take the oath of office. If the chair or vice‑chair chosen the previous year is no longer a member of the board, the board members may choose a temporary chair or vice‑chair to serve until the election protest is resolved and all board members take the oath of office. At the first regular meeting of the board of commissioners following the qualification of the newly elected board member or members, the board shall choose a chair and vice‑chair for the remainder of that year.
(c) The chairman chair is the presiding
officer of the board of commissioners. Unless excused by rule of the board, the
presiding officer has the duty to vote on any question before the board, but he
the presiding officer has no right to break a tie vote in which he
or she participated."
SECTION 4. G.S. 160A‑70 reads as rewritten:
"§ 160A‑70. Mayor pro tempore; disability of mayor.
(a) At the organizational meeting, the council shall
elect from among its members a mayor pro tempore to serve at the pleasure of
the council. A councilman serving as mayor pro tempore shall be entitled to
vote on all matters and shall be considered a councilman for all purposes,
including the determination of whether a quorum is present. During the absence
of the mayor, the council may confer upon the mayor pro tempore any of the
powers and duties of the mayor. If the mayor should become physically or mentally
incapable of performing the duties of his the mayor's office, the
council may by unanimous vote declare that he the mayor is
incapacitated and confer any of his the mayor's powers and duties
on the mayor pro tempore. Upon the mayor's declaration that he or she is
no longer incapacitated, and with the concurrence of a majority of the council,
the mayor shall resume the exercise of his the mayor's powers and
duties. In the event both the mayor and the mayor pro tempore are absent from a
meeting, the council may elect from its members a temporary chairman chair
to preside in such absence.
(b) If, notwithstanding subsection (a) of this section, following an election, one or more members of the council cannot be sworn in due to an election protest under G.S. 163‑182.9, the mayor pro tempore chosen the previous year shall continue to hold that position until the election protest is resolved and all council members take the oath of office. If the mayor pro tempore chosen the previous year is no longer a member of the council, the council may choose a temporary mayor pro tempore to serve until the election protest is resolved and all council members take the oath of office. At the first regular meeting of the council following the qualification of the newly elected council member or members, the council shall choose a mayor pro tempore to serve at the pleasure of the council."
SECTION 5. This act is effective when it becomes law.