NORTH CAROLINA GENERAL ASSEMBLY 1963 SESSION CHAPTER 126 HOUSE BILL 375

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1 NORTH CAROLINA GENERAL ASSEMBLY 1963 SESSION CHAPTER 126 HOUSE BILL 375 AN ACT TO SET UP A NEW ADMINISTRATIVE AUTHORITY TO OPERATE ALL THE PUBLIC SCHOOLS WITHIN HAYWOOD COUNTY AS A SINGLE UNIT, TO BECOME EFFECTIVE UPON THE AUTHORIZATION AND APPROVAL OF ADEQUATE FUNDS FOR THE CONSTRUCTION OF TWO HIGH SCHOOL BUILDINGS. The General Assembly of North Carolina do enact: Section 1. The purposes of this Act, among others, are the following: (a) To establish a new governmental agency for the control, operation and administration of all of the public schools within Haywood County which shall be designated as: Haywood County Consolidated School System; it is the intent of this Act that all public schools, whether operated by Haywood County Board of Education, Canton City Board of Education, or any board of education whatsoever, or by any district organization, shall hereafter be administered by the Haywood County Consolidated School System. (b) It is also the intent and purpose of this Act to provide for an interim administration of all of the public schools within Haywood County by a joint board composed of the members of the Canton City Board of Education and the members of the Haywood County Board of Education, acting jointly, for the purpose of new construction, selecting sites, making and approving plans, and preparing budgets for new construction, until the members of the Haywood County Consolidated School System take office and assume powers and duties. (c) It is further the intent and purpose of this Act to divide Haywood County into two high school areas, to be known as Western High School Area and Eastern High School Area, and to define and describe the election districts within these two areas from which the members of the Haywood County Consolidated School System shall be elected and to provide the election machinery for the election of said members. (d) It is the intent and purpose of this Act to authorize and direct the transfer of the title to all public school property of any nature and kind from the present school boards to the Haywood County Consolidated School System, when such school system assumes its powers and duties, and, further, the transfer to said school system of all moneys, appropriations, contracts, claims and demands of any nature whatsoever. (e) It is the intent and purpose that this Act shall not become effective unless the voters of Haywood County approve in a referendum, and/or by other valid legal procedures, an authorization for the sale of bonds and or the levy of a capital outlay tax,

2 the proceeds of which will be adequate and necessary for the construction of a consolidated high school building in the Western High School Area and also for the construction of a consolidated high school building in the Eastern High School Area as herein set forth, the said proceeds to be derived from any one, or a combination of, taxes and/or bonds and to be approved and to become effective in sufficient time for the election of members of the Haywood County Consolidated School System in the general election for county officers to be held in the year The providing of funds for the construction of two high schools shall be a minimum requirement and shall in no way limit the approval by the voters of funds for the construction of other school units. Sec. 2. As used in this Act certain terms are defined as follows: (a) The term, "County Board" shall mean the Haywood County Board of Education or the Haywood County School Administrative Unit. (b) The term "City Board" shall mean the Canton City Board of Education or the Canton City School Administrative Unit. (c) The term "Consolidated School System" shall mean the Haywood County Consolidated School System as herein established, constituted and empowered. (d) The term "Joint Board" shall mean the members of the Canton City Board of Education and the members of the Haywood County Board of Education acting jointly and together for the administration of the public schools within Haywood County for an interim period as herein provided. (e) The term "Western Area" shall mean the Western High School Area, and the term "Eastern Area" shall mean the Eastern High School Area, as both areas are herein established. (f) The term "election district" shall mean a territory composed of election precincts, as herein set forth, from which territory one or two members, as the case may be, of the Haywood County Consolidated School System shall be elected. Sec. 3. On and after July 1, 1965, the Haywood County Consolidated School System shall operate, administer and perform all of the duties relating to the public schools within Haywood County, and there shall be no other school administration authority other than this Consolidated School System. The Consolidated School System shall consist of eight (8) members and the chairman, and said chairman shall only be entitled to vote in case of a tie vote among the members. The eight (8) members shall be elected from election districts hereinafter described, and the chairman shall be elected for a term of four (4) years by the voters of Haywood County at large. One (1) member of the Consolidated School System shall be elected from Bethel Election District, which shall consist of the voting precincts of Center Pigeon, Pigeon, East Fork and Cecil; two (2) members of the Consolidated School System shall be elected from the Election District of Beaverdam, which shall consist of the voting precincts of Beaverdam, Nos. 1, 2, 3, 4, 5, 6 and 7; one (1) member shall be elected from Clyde Election District, which shall consist of the voting precinct of Clyde; two (2) members of the Consolidated System shall be elected from the Waynesville Election District, which shall consist of the voting precincts of East Waynesville, Center Waynesville, South Waynesville, West Waynesville, Lake Junaluska, Hazelwood, Allen's Creek, Saunook, Ivy Hill and Jonathan's Creek; one (1) member shall be elected from the Crabtree-Iron Page 2 S.L House Bill 375

3 Duff Election District, which shall consist of the voting precincts of Crabtree and Iron Duff; and, one (1) member shall be elected from the Fine's Creek Election District, which shall consist of the voting precincts of Fine's Creek Nos. 1 and 2, White Oak, Cataloochee and Big Creek. The Election Districts of Waynesville, Crabtree-Iron Duff and Fine's Creek shall constitute the Western High School Area, and the Election Districts of Bethel, Beaverdam and Clyde shall constitute the Eastern High School Area. Sec. 4. At the next general election to be held for county officers in Haywood County in the year 1964, there shall be elected two (2) members of the Consolidated School System from Beaverdam Election District, two (2) members from the Waynesville Election District and one (1) member from each of the remaining election districts as set forth in Section 3 of this Act. The Haywood County Board of Elections shall prepare a separate ballot for use in the election of the members of the Consolidated School System on which shall be listed the candidates for each election district separately. The ballot for such purpose shall be a separate ballot, and no reference to any party affiliation shall be shown or designated on said ballot. The persons elected as such members and the candidates shown on said ballot shall be elected by a county-wide vote of all the electors of Haywood County. The two (2) members receiving the highest number of votes in Beaverdam Election District shall be declared to be elected as members from said Election District, and the two (2) members receiving the highest number of votes from the Waynesville Election District shall be declared to be elected as members from said Election District. In the remaining election districts the person, or candidate, receiving the highest number of votes shall be declared to be elected as a member from said district. The two (2) members receiving the highest number of votes in the Western High School Area shall serve for a term of four (4) years, and the two (2) members receiving the highest number of votes in the Eastern High School Area shall serve for a term of four (4) years. All of the remaining members from the two high school areas shall serve for terms of two (2) years. Thereafter, the successor of each member upon election shall serve for a term of four (4) years. The chairman shall serve for a term of four (4) years, and his successor thereafter shall serve for a term of four (4) years. The members of the Consolidated School System shall be residents and electors in their respective election districts, and no member may serve for more than two consecutive terms but part of a term shall not be construed to mean a complete term. All vacancies in office of the members of the Consolidated School System shall be filled by the remaining members of the Consolidated School System, and the person appointed to fill a vacancy must be a resident and elector from the election district of the member he is appointed to replace. An appointment to fill a vacancy on the Consolidated School System shall be only for that portion of the unexpired term between the time of appointment and the next general election, and at such next general election the remaining portion of the unexpired term shall be filled by election. The members of the Consolidated School System shall be inducted into and take the oath of office on July 1, 1965, but thereafter the members of the Consolidated School System will be inducted into and take the oath of office on the first Monday in April following the year in which the general election is held for county officers. All members of the Consolidated School System shall hold office until their successors are House Bill 375 S.L Page 3

4 duly elected and qualified. All candidates for membership of the Consolidated School System from the various election districts shall file a notice of such candidacy by noon on or before the sixth Saturday before the date on which the general election is to be held, and each candidate shall pay a filing fee of ten dollars ($10.00), and in addition shall certify in writing the election district for which he is filing and that he is a bona fide resident and elector thereof. The election of said members of the Consolidated School System shall be held, conducted and supervised by the Haywood County Board of Elections and except as herein provided, the laws and regulations for the election of county officers shall be in full force and effect, except there shall not be used or voted any absentee ballots. Sec. 5. The Consolidated School System shall exercise all of the powers, authority and duties as now exercised and performed by 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. Sec. 6. On the first Monday after the approval by the electors of Haywood County of sufficient bonds and/or tax levies for the construction of a consolidated high school in the Western Area and also in the Eastern Area the Joint Board, as hereinbefore defined, shall administer and operate all that portion of the public school program of Haywood County which involves new construction of school buildings and facilities, selecting sites, making and approving plans for school buildings and facilities, and all preparation of budgets for such purposes and the spending of money appropriated for such new construction. The members of the Joint Board shall act jointly and by a majority vote of all members present, and said Joint Board shall meet on the first Monday after the approval of funds, as hereinafter set forth, and shall elect a chairman who shall have a vote on all matters that require a vote, but the said chairman shall not vote to create a tie vote and then vote to break said tie. The Joint Board shall elect a secretary who may be the superintendent of either the County Board or the City Board or one of its own members. The Joint Board shall have the official designation or title of "Joint Board of Haywood County Schools" and in the administration of the program of new construction shall exercise the powers and duties pertaining to the new construction program as are exercised by County and City Boards under the provisions of Chapter 115 of the General Statutes, as revised and amended. In administering the program of new construction, selecting sites, approving plans and specifications, submitting contracts to public bid, under the laws of the State governing such public contracts, the Joint Board is authorized by its chairman and secretary to execute in the name and title of said Joint Board all contracts, vouchers, checks, and any and all other legal documents necessary to carry out said program of new construction and shall keep appropriate and proper records of its actions and expenditures. The County Board and/or City Board may enter into agreements with the Joint Board to operate and administer any other part of the public schools of Haywood County, and if such agreements are entered into the Joint Board in carrying out such contracts shall exercise the powers and duties granted to County and City Boards of education under Chapter 115 of the General Statutes, as revised and amended. In the absence of any agreements with the Joint Board and until the Consolidated School System assumes control on July Page 4 S.L House Bill 375

5 1, 1965, the County Board and the City Board shall continue to operate their respective public school systems as provided by law and shall continue to hire and compensate superintendents, principals, teachers, maids, janitors and all other school personnel and employees and shall continue to prepare school budgets as required by law, and the County Board and City Board shall continue to operate and be responsible for the administration of the public schools of Haywood County, together with their respective superintendents originally elected for this purpose, provided that this operation shall not interfere with or in any manner control the new construction program as hereinbefore set forth. The City Board and County Board shall keep their own records and accounts and shall continue to operate as they have heretofore done in the administration of the public school system of Haywood County except for the powers granted to the Joint Board. Sec. 7. On and after July 1, 1965, the title to all property of any nature whatsoever now owned by the County Board, Joint Board and the City Board shall, as soon as practical, be vested in and transferred to the Consolidated School System. All papers, documents, books, records, accounts, letters, and all unexpended balances of funds, surplus funds, and all moneys whatsoever belonging to and now administered by the City Board, County Board or Joint Board shall be accounted for and turned over to the Consolidated School System. The County Board, Joint Board and City Board shall execute all necessary deeds, writings and documents as are necessary to legally vest title to all such property in the Consolidated School System. All claims and demands of any nature whatsoever and all obligations and liabilities of the County Board, Joint Board and City Board shall be assumed by the Consolidated School System and shall become its claims, obligations, liabilities and demands, and shall be enforced by and for, as well as against, such Consolidated School System. The Consolidated School System shall appoint school committees for the school districts as provided by Article 7 of Chapter 115 of the General Statutes, as revised and amended. Sec. 8. The members of the Consolidated School System shall receive the sum of ten dollars ($10.00) per day as compensation for services, and the chairman shall be paid the sum of fifteen dollars ($15.00) per day. The Consolidated School System shall hold at least one meeting each month but may hold as many meetings as are necessary. However, the members and the chairman shall not receive per diem compensation as herein provided in excess of twenty-four (24) days in a calendar year. The Consolidated School System shall set up a schedule of twelve (12) monthly meetings, which said meetings shall be held after notice of not less than seven (7) days to the public of the time and date of same, and all such meetings shall be open to the public. Sec. 9. This Act shall become effective only upon the express condition that the voters or electors of Haywood County authorize and approve in an election or referendum bonds and/or tax levies from which adequate proceeds shall be derived for the construction of a consolidated high school building in the Western Area and for the construction of a consolidated high school building in the Eastern Area, the said high school buildings to have adequate facilities according to the number of pupils in said areas and having in mind future growth and expansion. The effective date of the Act House Bill 375 S.L Page 5

6 shall be on the date of certification of such approval by the proper legal authorities, and in no event shall such approval be later than the necessary time for members of the Consolidated School System to file as candidates for the general election of 1964 of county officers of Haywood County. If the approval as herein provided is not given by the voters, or electors, and adequate funds for the construction of said high school buildings as herein provided are not approved by the voters and electors of Haywood County, then this Act shall be null and void and of no effect whatsoever. Sec. 10. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed. Sec. 11. This Act shall be in full force and effect from and after its ratification. In the General Assembly read three times and ratified, this the 29th day of March, Page 6 S.L House Bill 375