HomeMy WebLinkAboutAgenda - 02-16-2006-2ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 16, 2006
Action Agenda
Item No.
SUBJECT: Additional Discussion and Review of Draft Maps/Plans Related to Possible
District Elections for the Board of Commissioners
DEPARTMENT: County Attorney, Planning,
County Commissioners &
County Manager
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1) Preamble
2) Draft Principles
3) Draft Process/Timetable
4) Draft Potential Impacts of Three Plans
on Current Commissioners
5) 10/26/05 County Attorney Letter
Regarding Redistricting
6) Copy of N.C. Gen, Stat. § 153A-60
7) Three Draft Maps with Base Census
Data
(ATTACHMENTS PREVIOUSLY
PROVIDED on May 5, August 24 & 31,
October 17, and November 2, 2005 -Not
Included Here)
t) Excerpt from May 5, 2005 Work
Session Minutes
2) Definition of a Resident Information
3) County Commissioner Partisan Election
Provisions
4) NC Counties Population/Concentration
Comparison with Orange County
5) Minutes from Five Meetings of the 1993
Task Force on the Process of Electing
County Commissioners
6) Multimember or Unusual County
Commissioner Election Systems
7) Super Districts -Artie Franklin Letter to
Chapel Hill Herald Editor
8) Three Counties Methods of Election
Follow-up
9) Options for Electing County
Commissioners by Residential Districts
from Chair Carey
10)May 2005 Staff Report on the Structure
of Boards of County Commissioners
11)2002 & 2004 General Election Results
far BOCC
12)Maps Showing Districts for NC House
Seats
13)School Districts Map
14)Elections Precincts Map
15)Sample Newspaper Notice for 11/2/05
Public Hearing
INFORMATION CONTACT:
Geof Gledhill, County Attorney, 732-2196
Greg Wilder, 245-2300
David Hunt, 245-2130
Jahn Link, 245-2300
Brian Carson, 245-2595
Craig Benedict, 245-2592
PURPOSE: To continue with the Board's discussion and review of the draft maps/plans and
other associated materials related to possible District Elections for the Board of Commissioners;
consider any decisions as the Board deems appropriate; and provide comments, questions and
any further direction to staff.
2
BACKGROUND: At the Board's January 24, 2005 regular meeting, representatives of a group
of Orange County residents addressed the Board and submitted a 1200-signature petition to
the Board regarding the method by which the members of the Board of Commissioners are
elected in Orange County. The representatives requested that the Board review the current
method of election for the members of the Board, which entails all five members of the Board
being nominated and elected to staggered four-year terms on an at-large basis. The
representatives specifically requested, as stated in the petition, that the Board "alter the method
and manner by which Orange County Commissioners are elected to afford equal and fair
representation to the residents of the county by adopting NCGS 153-58(3)b, permitting the
voters of Orange County to choose commissioners by electoral districts with each district being
as nearly equal in population as practicable." The petition continued, "Further, that the qualified
voters of each district nominate candidates and elect members who reside in the district for
seats apportioned to that district and that some of the commissioners, but not more than half of
the board, be allocated to the county as a whole, to be nominated and voted Capon by the
qualified voters of the entire county." Neither those making the request nor the petition
submitted included any explanatory information or detailed any specific proposal regarding the
format or implementation of the requested district representation for the Board.
The County Manager and County staff reviewed the issue and the petition submitted and
provided a report to the Board at the Board's May 5, 2005 work session. The report included
information on the following:
1) the legal framework for structure of boards of county commissioners;
2) the various methods of at-large election, district election, and combination of at-
large/district election utilized for boards of commissioners in the 99 other North Carolina
counties;
3) a history of past discussions by the Orange County Board of Commissioners in regard to
Board representation and election;
4) some limited boundaries and statistical information showing the population distribution as
it may relate to the consideration/formulation of district representation far Orange County.
The report was not intended to be an investigation of the benefits, costs, opportunities, hurdles,
or timelines that may be associated with the consideration and passible implementation of
district representation for the Board of Commissioners. It was intended to provide an initial
framework of information upon which the Board of Commissioners could deliberate and
determine as appropriate any further steps in evaluating this issue and responding to the
request and petition submitted. The Board subsequently scheduled and conducted two public
hearings on August 24 and August 31, 2005 to receive input from the public on this issue.
After the August 31St public hearing, the Chair Moses Carey solicited input from other BOCC
members on potential district election ideas/frameworks that the Board could consider as a next
step in the review process.. In addition, the Chair and Vice Chair provided direction and
feedback to staff in the development of initial draft mapping and associated materials that
followed the ideas/frameworks provided.
These actions led to BOCC discussion at the Board's October 17, 2005 work session on five
initial draft maps/plans, an introductory preamble, a draft set of Principles, and a draft
Process/Timetable, all prepared in concert with ideas/input/frameworks outlined by BOCG
members. The five initial draft maps/plans were provided based on staffs work with population
numbers and precinct lines. From that meeting, the Board scheduled and conducted a public
hearing at its November 2, 2005 regular meeting on three initial draft maps/plans. Those three
draft maps/plans are attached.
3
For the November 2, 2005 public hearing, staff provided two other attachments, The first of
those attachments was a summary of the draft district election plans potential impacts on
current members of the beard of commissioners, The second was a letter and attachments
from County Attorney Geof Gledhill on the issues that may arise with district elections related to
redistricting. Those attachments are provided again with this abstract,
Also for the November 2nd meeting, staff detailed statistics on the number of commissioner
seats for the 100 North Carolina counties based on information from the North Carolina
Association of County Commissioners.. That information is noted again below:
4 Counties -Three Commissioner Seats
61 Counties -Five Commissioner Seats
3 Counties -Six Commissioner Seats
27 Counties -Seven Commissioner Seats
1 County -Eight Commissioner Seats
3 Counties -Nine Commissioner Seats
1 County -Eleven Commissioner Seats
Staff also noted information on the use of nominating districts versus residential districts for the
district election of members of other beards of commissioners in North Carolina. Through a
process of elimination based on existing information, the County Attorney and staff had
contacted 22 counties, having determined that contacting the remaining 77 counties would likely
not add anything. The counties contacted included Brunswick, Carteret, Chatham, Craven,
Gaston, Henderson, Johnston, Moore, and Randolph, and Watauga. Results of these contacts
were that only one of the 22 counties contacted (Carteret County) utilizes districts for
nominating board of commissioner candidates in the primaries. Successful primary candidates
in Carteret are then elected on an at large basis in the general election. The other 21 counties
utilize the district delineations for residency purposes only with candidates receiving votes on an
at large basis both in the primary and in the general election,
The next opportunity for Board discussion occurred at the November 15, 2005 regular meeting,
At that meeting, the Board determined that it would like to invest more time at a work session
for specific discussion of the issues and possibilities associated with the district election of
commissioners. The Board did approve a motion at the meeting that "the Board will pursue a
district election system and have a referendum in the general election of 2006 on the map that
the Board of Commissioners adopt."
The Board also briefly discussed district elections at the .lanuary 20, 2006 BOCC Retreat as
part of the "Priorities" review, and members of the Board generally indicated an interest in
reaching a conclusion on district elections discussions with two additional meetings, if possible.
Tonight's work session provides the Board the opportunity to discuss and consider any possible
maps/plans for additional review and/or decision. Based on BOCC discussion, staff can provide
any analysis requested by the Board for additional BOCC discussion and/or move forward
based on Board direction. Decision points for the Board's current and/or future consideration
include:
1) Any further confirmation/determination by the Board related to pursuing a district
election system and the associated referendum; (As noted above, the Board did, at its
November 15, 2005 regular meeting, approve a that `Yhe Board will pursue a district
election system and have a referendum in the general election of 2006 an the map
that the Board of Commissioners adopt."
2) Determination by the Board that it wants to pursue one of the three maps/plans
presented at the November 2, 2005 public hearing, or, in the alternative, provide
4
additional information/other frameworks to staff far the development of some other
map/plan;
3) Selection of a Preferred Map/Plan;
4) Determination regarding whether district candidates under the selected Preferred Map/
Plan will be nominated by the voters of their respective districts or by all County voters
-are the districts to be nomination districts or residency districts?;
5) Implementing the decision of the Board and documenting the transition process far the
selected Preferred Map/Plan by Resolution as prescribed by N.C, Gen. Stat. § 153A-
60, Far example, Commissioner Gordon had previously recommended the following
implementation and transition process for Proposal 5:
Primary Election
(a) Individuals seeking election in District 1 or District 2 will be elected [nominated]
in the primary elections to represent each party recognized in North Carolina
by the voters who reside in that district.
(b) Individuals seeking election at large will be elected [nominated] by all voters
eligible to vote in Orange County.
General Election
(a) Successful candidates in District 1 and District 2 who are nominated to
represent their party will be elected to serve on the BOCC by all voters eligible
to vote in Orange County.
(b) Successfial candidates panning at large who are nominated to represent their
party will be elected by all voters eligible to vote in Orange County.
Implementation Date and Transition Process
(a) The first election for which this district election system will apply will be in 2008,
At that time, one seat in District 2 and one At Large seat will became available.
(b) In the 2008 election, the two commissioners whose terms expire in 2008 may
choose to run either in District 2 or At Large, based on their residency, Voters
will elect BOCC members for four year terms to represent them, using the
primary and general election system described above.
(c) The three commissioners whose terms expire in 2010 will remain in office until
that time, when three seats will become available, all with four year terms, In
2010, these three commissioners may choose to nm in District 1, in District 2,
or At Large, based on their residency.
6) "Publish" the Resolution as required by N.C. Gen. 5tat, § 153A-60. The law does not
prescribe when the Resolution is to be published. The options are that the publication
could occur soon after the Resolution is adopted or sometime reasonably close to and
prior to the election. Alternatively it could be published both times. It is recommended
that the Resolution be published in the News of Orange and in the Chapel Hill Herald.
FINANCIAL IMPACT: There is no financial impact associated with additional review and
discussion of initial draft maps/plans and other associated materials related to possible District
Elections for the Board of Commissioners.
RECOMMENDATION(S): The Manager recommends that the Board continue with additional
discussion and review of the draft maps/plans and other associated materials related to
possible District Elections for the Board of Commissioners; consider any decisions as the Board
deems appropriate; and provide comments, questions and any further direction to staff,
PREAMBLE
Three different variations of potential district elections maps/plans (of the original initial
5 draft maps/plans) are provided. The maps/plans are as follows:
PROPOSAL 2
FIVE COMMISSIONERS WITH TWO MULTIMEMBER DISTRICTS
ONE THREE-MEMBER DISTRICT & ONE TWO-MEMBER DISTRICT
All five members could be nominated in the Primaries either by their respective
District Voters OR by all County Voters, and all five members would be elected
in General Election by all County Voters,
PROPOSAL3
SEVEN COMMISSIONERS -ONE TWO-MEMBER DISTRICT/TWO SINGLE
MEMBER DISTRICTS/THREE AT LARGE
The four members from the three districts must reside in those respective districts
and could be nominated in the Primaries either by their respective District Voters
OR by all County Voters, Three at-large members would be nominated in the
Primaries by all County Voters. All seven members would be elected in the
General Election by all County Voters.
PROPOSAL 5
FIVE COMMISSIONERS -ONE TWO-MEMBER DISTRICT/ONE SINGLE
MEMBER DISTRICT/TWO AT LARGE
The three members from the two districts must reside in those respective districts
and could be nominated in the Primazies either by their respective District Voters
OR by all County Voters. Two at-large members would be nominated in the
Primaries by all County Voters.. All five members would be elected in the
General Election by all County Voters.
A set of DRAFT Principles and a DRAFT Process/Timetable is also provided for review.
Other documents detailing the base census data upon which these initial maps were
developed are also provided. The information detailed includes the 2000 Census total
population, the "ideal population" for district delineation, the population ranges
permissiblern districts based on legal provisions, and the actual population numbers of
the delineated districts for each plan.
DRAFT
STRUCTURE OF THE BOARD OF COUNTY
COMMISSIONERS
PRINCIPLES
Voters should have the opportunity to vote, in the general election, for a
majority of the members of the Board of Commissioners.
6
The establishment of district boundaries and any necessary revisions should
be based on decennial census data from the United States Census Bureau.
District lines should, where feasible, follow already-existing township lines,
precinct lines, roadways, and/or other boundary lines.
District lines should be as simple and as easy to understand as possible.
However, in order to comply with any statutory and constitutional
provisions, delineations such as including a small or substantial portion of a
township or community in one district may be necessary, thereby
designating the remaining portion of the township or community as part of
another district.
To the degree possible, district boundaries should be configured to provide
the opportunity for areas more urban in nature to produce commissioners
from more urban areas and areas more rural in nature to produce
commissioners from more rural areas.
Any district plan should maintain a staggered term system for members of
the Board of Commissioners.
Any district plan should continue to provide African-Americans, women,
and other minorities an equal opportunity to elect candidates of their choice.
Adherence to the North Carolina statutory requirements that the district
populations be as nearly equal as practicable and the Constitutional
provision of one person-one vote and the existing population distribution in
Orange County precludes the establishment of one commissioner
representing each township in the County.
Any district plan should foster greater participation of the public in the
electoral process.
DRAFT
STRUCTURE OF THE BOARD OF COUNTY
COMMISSIONERS
PROCESS/TIMETABLE
ACTIONS TO.DATE
.January 2005 Submission of Petition to BOCC
May 2005 Staff Report to BOCC
August 2005 Two Public Hearings Conducted by BOCC
to Receive Public Input
September 2005 County Staff Begins Review of Orange
County Decennial Census Data and
Formulates Draft Plans with Potential
District Lines Based on Proposals Received
from BOCC Members
October 2005 BOCC Initial Review of Draft Plans
including Potential District Lines
November 2005 First BOCC BOCC Public Hearing on Draft Plans
Regular Meeting including Potential District Lines and
on November 2, Continued BOCC Review of Draft Plans
2005 including Potential District Lines
Second BOCC Additional BOCC Discussion and Decision
Regular Meeting to Schedule Further Discussion at a Work
on November 15, Session - BOCC approved motion for
2005 November 2006 Referendum
FUTURE (Proposed)
February 2006 BOCC Work Additional Discussion and Review of Draft
Session on Maps/Plans
February 16,
200G
November 2006 Referendum by County Voters on BOCC-
Approved Plan (Already scheduled based
on BOCC Adopted Motion on 11/15/OS)
May 2008 Implementation of Adopted Plan (IF
APPROVED BY VOTERS)
DRAFT
Drafted for 11/2/05 BOCC Meeting
DRAFT DISTRICT ELECTION PLANS POTENTIAL IMPACTS ON
CURRENT MEMBERS OF TIIE BOARD OF COMMISSIONERS
As currently proposed, the Board of Conmrissioners, prior to the end of calendar year 2005, will select
one plan for potential district election of County Commissioners.. Following that decision, it has been
proposed that the plan be scheduled for a public referendum in November 2006. If a plan is selected
and subsequently approved by voters, it has been proposed that the plan be implemented for the
primary and general election of Commissioners occurring in 2008.. Below is a summary of the impact
that the three current draft plans will have on the five current Commissioners.
Noter With any oJthe potential district electiwr plans, then°e will be a need to deternrine the
sequencing of the dish~ict acrd/or° at-large seats associated with those plans, fw• inrplenrerrtation dur°irzg
the 1008 and 1010 elections. Until that segarencirrg is determined, specific fi amewor°ks/opportunities
,for the potential election of'cm~ ent Commissioners cannot be fielly detailed. Wl:at follows assumes
the present sequencing is maintained.
PROPOSAL 2 -FIVE
2006
ONE THREE-MEMBER DISTRICT & ONE TWO-MEMBER DISTRICT
Commissioner
Moses Carey, Jr
Valerie Foushee
Alice Gordon
Steve Halkiotis
In the middle of
current 4-year term -
Not affected by any
new plan
In the middle of
current 4-year term -
Not affected by any
new plan
Candidate for
Possible Re-election
WITH TWO MULTIMEMBER DISTRICTS -
2008
Potential District 2
Candidate
2010
If elected in 2008,
would be in middle of 4-
year term as District 2
Commissioner
Potential District 2
Candidate
If re-elected in 2006,
would be in the
-Not affected by any middle of a 4-year
new plan term
Candidate for If re-elected in 2006,
Possible Re-election would be in the
-Not affected by any middle of a 4-year
new plan
term
Barry Jacobs Candidate for If re-elected in 2006,
Possible Re-election would be in the
-Not affected by any middle of a 4-year
new plan term
If electedtn 2008,
would be in middle of 4-
yearterm as District 2
Commissioner
Potential District 2
Candidate
Potential District I
Candidate
Potential Dishict 1
Candidate
DRAFT Drafted for 11/2/05 BOCC Meeting ~
PROPOSAL 3 -SEVEN COMMISSIONERS -ONE TWO-MEMBER DISTRICT/TWO
SINGLE MEMBER DISTRICTS/THREE AT LARGE
Commissioner
Moses Carey, Jr.
Valerie Foushee
Alice Gordon
Steve Halkiotis
2006
In the middle of
current 4-year term -
Not affected by any
new plan
In the middle of
current 4-year term -
Not affected by any
new plan
Candidate for
Possible Re-election
-Not affected by any
new plan
Candidate for
Possible Re-election
-Not affected by any
new plan
2008
Potential District .3
Candidate or
Potential At-Large
Candidate
Potential District 3
Candidate or
Potential At-Large
Candidate
Ifre-elected in 2006,
would be in the
middle of a 4-year
term
If re-elected in 2006,
would be in the
middle of a 4-year
term
Barry Jacobs Candidate for If re-elected in 2006,
Possible Re-election would be in the
-Not affected by any middle of a 4-year
new plan term
2010
If elected in 2008,
would be in middle of 4-
yearterm as District 3
Commissioner or At-
Large Commissioner
If elected in 2008,
would be in middle of 4-
year term as District 3
Commissioner or At-
Lazge Commissioner
Potential District 3
Candidate or Potential
At-Large Candidate
Potential District 1
Candidate or Potential
At-Large Candidate
Potential District 2
Candidate or Potential
At-Large Candidate
DRAFT Drafted for 11/2/05 BOCC Meeting 10
PROPOSAL 5 -FIVE COMMISSIONERS -ONE TWO-MEMBER DISTRICT/ONE SINGLE
MEMBER DISTRICT/TWO AT LARGE
Commissioner
Moses Carey, Jr
Valerie Foushee
Alice Gordon
Steve Halkiotis
2006
In the middle of
current 4-year term -
Not affected by any
new plan
In the middle of
current 4-yeaz term -
Not affected by any
new plan
Candidate for
Possible Re-election
-Not affected by any
new plan
2008
Potential District 2
Candidate or
Potential At Lazge
Candidate
Potential District 2
Candidate or
Potential At-Lazge
Candidate
If re-elected in 2006,
would be in the
middle of a 4-year
term
2010
If elected in 2008,
would be in middle of 4-
yearterm as District 2
Commissioner or At-
Lazge Commissioner
If' elected in 2008,
would be in middle of 4-
yeazterm as District 2
Commissioner or At-
Lazge Commissioner
Potential District 2
Candidate or Potential
At-Lazge Candidate
Potential District 1
Candidate or Potential
At-Large Candidate
Candidate for
Possible Re-election
-Not affected by any
new plan
If re-elected in 2006,
would be in the
middle of a 4-year
term
Barry .lacobs Candidate for If re-elected in 2006,
Possible Re-election would be in the
-Not affected by any middle of a 4-year
new plan teen
Potential District 1
Candidate or Potential
At-Large Candidate
LAW OFFICES
COLEMAN, GLEDHILL., HARGRAVE & PEEK
A PROFESSIONAL CORPORATION
129 E 7RYON STREET
P-O.. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27218
919-7322196
FAX 919-7327997
wunvagandhcom
October 26, 2Q05
Moses Carey, Jr., Chair
Valerie P. Foushee
Alice M. Gordon
Stephen Halkiotis
Barry ~7acobs
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
FROM THE DESK OF
GEOFFREY E. GLEDHILL
E-MAIL s~oP cmledhdlCv~6mndh mm
RE: Redistricting in a District Election System
Dear Board Members:
This letter summarizes how redistricting would work were
Orange County to elect its Commissioners in whole or in part by
(1) districts for the purpose of nominating or electing persons
to the Board of Commissioners or (2) districts for residency
purposes only,
North Carolina General Statute § 153A-22 contains the
requirement and the process of redistricting where electoral
districts are for the purpose of nominating or electing persons
to the Board of Commissioners. Generally speaking, it creates a
standard of "substantial inequality of population among the
districts," and provides that the Board of Commissioners, by
resolution, can redefine the electoral districts in response to
substantial inequality of population among the districts, The
"redefined" electoral districts, after redistricting, must be
"as nearly equal as practicable." And, the redefined electoral
districts must meet the constitutional, one person one vote
requirement.
If a district plan approved by the voters is a residency
only one, there is no statutory mechanism for redistricting by
resolution of the Board of Commissioners. "Redistricting" would
have to be done either by another referendum creating the
redefined districts or by special act or authority of the
~a
Orange County Board of Commissioners
Page 2
October 26, 2005
General Assembly. With a copy of this letter is a copy of
Chapter 80 of the 1995 Session Laws which authorizes Chatham
County to redistrict its residency only county commissioner
districts in essentially the same way as the general law allows
all counties to redistrict electoral districts that provide for
nominating or electing persons by district.
Very truly yours,
COLEMAN, GLEDAILL, HARGRAVE & PEEK, P.C.
11
GEG/lsg
Enclosure
xc: John M. Link, Jr.
lsg Getters\bdofcom redistricting ltr,.doc
Z3
. ; 1~,... 2v CH 153-w, CcL?JTIEa §1~3..~-~~~7
County Bonds Not to Be hsued for Road tow.^srip or local t= ;ing district therein, upon
Purposes of One Tow n;hip or Taring Ais- the approval oC she voters of the particular
,, trict. - W1ille the building oCpublic roac!s her dstrict alonz. and :without bene3t to the others.
been held a necess3r~ zxpen;e. application of Commissiorar of Johnston Coun tc v. Lacy 174
the principle may not be extended to instances N C. 111, 33 5 E d9? (19171.
`. whare a statue requires the count}' to isw=_ its Cited in P.icer Birch ..~;SOCS v City of P.a-
bonds for road purposes to obtain aid fcr a Leigh. 336 ti C. 1U0, 3SS S E 3d 539 i 19901
§ la3A-20. lYIap of electoral districts.
If a county is divided into electoral districts for the purpose of nomi,-rating or
electing persons to the board of commissioner, the current boundaries of the
electoral districts shall at all times be, drawn on a map, or set out in a w-r'tten
description, or shown by a combination of these techniques. This current
delineation shall be available for public inspection in the pinto of the clerk.
(1913, c. 8?2, s. ].,)
§ 133A-2I: Repealed by Session Laws 1973, c. 88?,
Editor's Vote. -Session Laws 1975, c 399,
applicable only to Robeson County, reenacted
this section.
§ la3A-2~. Redefining electoral district boundaries.
(a) If a county is divided into electoral districts for the purpose of n~minat-
ing or electing persons to the boazd of commissioners, the board of commis-
sioners may find as a fact whether there is substantial inequality ofpopulation
among the districts.
(b) If the board finds that there is substantial inequality of population
among the districts, it may by resolution redefine the electoral districts.
(c) Redefined electoral districts shall be so drarocn that the quotients
obtained by disidirg the population of each district by the number of commis-
sinners apportioned to the district are as nearly equal as practicable, and each
district shall be composed of territory within a continuous boundary,
(d) No change in the boundaries of as electoral district may affect the
unexpired term of ofvice of a commissioner residing in the district and serving
on the board on the effective date of the resolution. If the terms of ofi5ce of
members of the board do not all expire at the same time, the resolution shall
state 'which seats are to be filled at the initial election held under the
resolution.
(e) A resolution adopted pursuant to this section shall be the basis of
electing persons to the board of commissioners at the fist general election for
members of the board of commissioners occurring after the resolution's
effective daie, and thereafter. Aresolution becomes effective upon its adoption,
unless it is adopted during the period beginning 150 days before the day of a
primary and ending on the day of the next succeeding general election for
membership on the board of commissioners, in which case it becomes effective
on the first day after the end of the period,
(f) Not later than 10 days af~er the da}- on which a resolution becomes
effective, the clerk shall file in the Secretary of State's o6ce, in the ofnce of the
register of deeds of the county, and with the chairman of the county board of
elections, a certified copy of the resolution.
(g) This section shall not apply to cour•ties where under G.S. 153A-58(3)d.. or
(order public or local act, districts are for residence purposes only, and the
sl?
14
~-oo ~3
.: §133 ~-23 A12T -k FORbt GF GO~"ERIv`YIENT §.153A-27
upon r quaLfied voters of the entire county n ominate all candidates for aad elect aA
cu]u ~ members of the board. (1931, c. 795..)
vers -
17&
~ Local hlodi5cation, - Dara: 1991. Es. an;r precious action under G S. 153A-22." Sec-
:
~ !` Sess , c. 3, ss. g-6.1 t?s to applicability zed tlon 1 provides: "Chapter 136, Session Laws of
~'
1 != contingency provisions, see ' 991 Session Laws. 199 i, (relating io eavanding and redistricting
- Ex. Sess„ c. 3, s, 7L the Guilford County Board of Commissioners)
Editor's tiote. -Session Laws 1993, c 5°l, is reenacted."
" ~' s. 2 provides: "Section 1 of this act supersedes
§§ 153A-23, 153A-?~: Peserved for future codification purposes.
urenc - ARTICLE a.
clerk,- -
is
- ~ Farm of Government.
Part 1. General Provisions.
~` § 153A-25. Qualifications for appointiy e oE~ce.
r,':,
:~;
The board of commissioners may fix qualifications for any appointive office
including a requirement that a person seeing in such an oince reside within
1'' the county, The board spay not waive qualiflcatiors fixed by law for an
~- 1- appointive ofnce but may fix additional qualifications for that office, (1973, c,
a ~~ 822, s. 1J '
~'
§ 153A-26. Oath. of office.
of
of a
Each person elected by the people or appointed to a county ofnce shall, before
entering upon the duties of the office, take and subscribe the oath of office
prescribed in Article VI, Sec. 7 of the Constitution. The oath of office shall be
administered by same person authorized bylaw to administer oaths and shall
be filed with the clerk.
On the first lYIonday in December following each general election at which
county officers are elected, the persons who have been elected to county ofrice
in that election shall assemble at the regular meeting place of the bord of
commissioners. At that time each such officer shall take and subscribe the oath
of office. An officer not present at this time may take and subscribe the oath at
a later time. (1868, c, 20, s. 8; la7?-5, a 237, s. 3; Code, s. 707, 708; 1895, c.
135, ss, 3, d; P~ev., ss. 1316, 1318; C.S., r. 1295, 1297; 1965, c. 26; 1973, c. 822,
s, 1J
CASEIvQTES
Applied in P.atclitT v. County of Buncombe,
663 F Supp. SD03 (w.D N C. 19671.
§ 153A-27. Vacancies on the board of commissioners.
If a vacancy occurs on the board of commissioners, the remaining members
of the board shall appoint a quali$ed person to fill the vacancy If the number
of vacancies on the bcard is such that a quorum of the board cannot be
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GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
RATIFIED BILL
CHAPTER 80
HOUSE BILL 657
AN ACT MAKING SUNDRY AMENDMENTS CONCERNING LOCAL
GOVERNMENTS IN CHATHAM COUNTY.
FOX TRAPPING SEASON
Section 1. (a) Notwithstanding any other provision of law relating
to trapping of foxes, there will be open season for taking foxes with traps of
the leghold type no larger than one arld one-half, with coil spring and with
trap chain and at least three swivels set on dry land with solid anchor. No
trap larger than number one and one-half coil spring may be used. This
season shall he from December 1 to February 15 of each year.
(b) No person shall place traps on the land of another without
first obtaining written permission from the landowner or lessee.
(c) There shall be no bag limit for foxes taken during the
trapping season established in this section.
(d) The Wildlife Resources Conunission shall provide for the
sale of foxes taken lawfully pursuant to this section.
(e) This section applies only to Chatham County.
(f) This section becomes effective October 1, 1995.
ALLOW CENTRAL CAROLINA COMMUNITY COL,L,EGE TO LEASE
CERTAIN PROPERTY TO THE CHATHAM COUNTY COUNCIL ON
AGING
Sec. 2. (a) Notwithstanding G,S, 115D-15, the Board of Trustees
of Central Carolina Community College may lease a portion of its real
property in Center Township of Chatham County, and grant necessary
easements for utilities, to the Chatham County Council on Aging, Inc,, upon
such terms and conditions as it shall determine in its discretion.
(b) This section applies only to the proposed lease of property
in Chatham County.
CHATHAM SCHOOL BOARD/COiJNTY COMMISSIONER ELECTIONS
Sec. 3. (a) The Board of Education of Chatham County shall
consist of five members who shall be qualified voters of the County, and who
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shall be elected as hereinafter provided for staggered terms of four years.
(b) For the purpose of electing members of the Board of
Education, the County is hereby divided into four resident districts as
follows:
District Number One shall consist of all the territory
within the boundaries of the precincts of Bynum, West
Williams, East Williams, and New Hope.
District Number Two shall consist of all the territory
within the boundaries of the precincts of East Pittsboro,
West Pittsboro, West Mann's Chapel, and East Mazul's
Chapel.
District Number Three shall consist of all the territory
within the boundaries of the precincts of Cape Fear, Haw
River, Oakland, Goldston, and Harpers Crossroads.
District Number Four shall consist of all the territory
within the boundaries of the precincts of Bennett, Bonlee,
South Siler City, North Siler City, Albright, Hadley, and
Hickory Mountain.
(c) The election shall be nonpartisan, and no primary election
shall be held. The election shall be held at the same time as the regular
primary for county officers, and except as provided in this section, the
election shall be conducted in accordance with the applicable provisions of
Chapter 163 of the General Statutes regulating general elections,
(d) Beginning in 1996, and thereafter as the terms expire, one
member shall be elected from Districts 1 and 2 for terms of four years.
In 1998, and thereafter as the terms expire, one member shall be
elected from District 3, and two members from District 4 for teens of four
years.
(e) Candidates must reside in the district which they seek to
represent, but shall be voted an by the voters of the entire County. The
candidates in each district receiving the highest number of votes, equal to the
number of positions to be filled in the district, shall be declared elected.
(f) The provisions of G,S. 11SC-37, except for subsection (i),
shall be applicable to the members of the Chatham County Board of
Education.
(g) Chapter SO1 of the Session Laws of 1975 is repealed,
except for Section 6.
(h) Article 3 of Chapter 1S3A of the General Statutes is
amended by adding a new section to read:
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199-80]
"~3A-22.1. Redefining residency district boundaries.
(~ 7
jai 'Residency_district' rnearis a district in which the candidates reside
and represent the district but the candidates are voted on in the primaries and
general elections bX the dualified voters of the entire countv,It includes
districts established either by local act or under G.S. 153A-5$(3~d.
If a coun_. is divided into resident. districts, the board of
conunissioners may find as a fact whether there is substantial ine4uality of
population among_the districts. If the board finds that there is substantial
inec}ualit~f population among the districts, it ma~~resolution redefine the
residency districts to make them more nearl equal. The test for compliance
with this section is a reduction in the relative overall range of deviation.
(c1 No change in the boundaries of a residencv district may affe
serving on the board on the effective date of the resolution. If the teens of
office of members of the board do not all expire at the same time the
resolution shall state which seats are to be filled at the initial election held
under the resolution.
~d~ A resolution ado ted pursuant to this section shall be the basis of
electing persons to the board of commissioners at the first ,general election for
members of the board of commnissioners occurring after the resolution's
effective date and thereafter. Before any resolution maybe adopted pursuant
to this section, the board of commissioners shall hold a public hearin og, nit.
A notice of the public hearing shall be given once a week for two successive
weeks in a newspaper having~eneral circulation in the county. The notice
shall be published for the first time not less than 10 days nor more than 20
days before the date fixed for hearing. In computing the period of time, the
day of publication shall not be included but the da~of the hearing shall be
included. A resolution becomes effective upon its action. unless it is
adopted during the period beginning 150 days before the da oy f a~rimary
and ending_on the da~of the next succeeding~eneral election for
membershi~on the board of commissioners in which case it becomes
effective on the first day after the end of the period.
~ Not later than 10 days after the da oy n which a resolution becomes
effective, the clerk shall file in the Secretary of State's office, in the office of
the register of deeds of the county, and with the chairman of the county board
of elections., a certified cony of the resolution.
fj ~ This section applies to Chatham County_only"
CHATHAM SCHOOL BOARD TIME OF TAKING OFFICE
Sec. 4. Section 6 of Chapter 501 of the Session Laws of 1975
of4 tni~Fnnns to ~~ a
H657 [SL 199-80)
reads as rewritten:
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"Sec. 6. The provisions of G.S. ~-~5-~4-115C~37(f) shall be applicable to
the members of the Chatham County Board of Education. t=he-persons
elected-shall-qualify-by-tal~ng-the-o-ath-o-f-o-f€ ce-30 -days-a€ter-the-eleetiorr.
The members of the Chatham County Board of Education shall hold a
meeting; on the first Monday in December following the election. At that
meeting, newly elected members of the Board of Education shall uq alify bX
taking the oath of office as prescribed in Article VI Section 7 of the
Constitution."
Sec. S. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 11th
day of May, 1995.
Dennis A. Wicker
President of the Senate
Harold J. Brubaker
Speaker of the House of Representatives
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§ 153A-59
ART. 4.. FORM OP GOVERNMENT §153A-60
Local Modification.. - (.4e to Part 4 of
Article 4) Blsden: 1987, c. 646; Dare: 1991, Ex.
Sea6., a. 2, e. 4 (As to applicability and wntin-
gency pravisiona, sae 1991 Session Laws, Ex.
Sese., c. 2, e. 7); Lae (as to Part 4 and G.S.
1534.58): 1989, c. 195, ea. 4, 5 (effective June 1,
1989, but only applicable to resolutions ap-
proved on or before Aug. 1, 1990), ae amended
by 1989, c. 770, s. 49. I,ee (aa to $~ 4 end G.S.
153AS8): 1989, o- 195, se.. 4, 5 (effective June 1,
1989, but only applicable to resolutions ap-
proved on or before Aug, 1, 1990), se amended
by 1989, c 770, s.. 43.
CASE NOTE6
Cited in Ratdiff a County of Bunwmbe, 759
F.2d 1186 (4th Cir. 1985); Ratcliff a County of
Buncombe, 663 F Supp. SODS (W,D.N_C. 1987).
§ 153A•59. Implementation when board has members
serving a combination of four- and two-year
terms.
If the structure of the board of commissioners is altered to establish a board
with an odd number of members servingg a 'combination of four- and two-year
terms of office, the new structure shall be implemented as follows:
At the first election all members of the board shall be elected. A simple
majority of those elected shall be elected for two-year terms, and the remaining
members shall be elected for four-year terms, The candidate oz car}didatea
receiving the highest number of votes shall be elected for the four-year terms.,
At each subsequent general election, s simple majority of the board shall be
elected. Thst candidate who ie elected with the least number of votes shall be
elected for atwo-year term, and the other member or members elected shall be
elected for four-year terms, (1927, c. 91, a 3; 1969, c, 7.17, s. 1; 1973, c. 622, s.
l,)
§ 153A•60. Initiation of alterations by resolution.
The boazd of commissioners shall initiate any alteration in the structure of
the board by adopting a resolution, The resolution shall:
(1) Briefly but completely describe the proposed alterations;
(2) Prescribe the manner of transition from the existing structure to the
altered structure;
(3) Define the electoral districts, if any, and apportion the members
among the districts;
(4) Call s special referendum on the question of adoption of the alter-
ations. The referendum shall be held and conducted by the county
board of elections. The refexendum maybe held at the same time as
any other state, county or municipal primary, election, special election
or referendum, or on any date set by the board of county commission-
ers, provided, that such referendum shall not be held within the
period of time bed' ing 60 days before and ending 60 days after any
other primary, election, special election or referendum Meld in the
county.
Upon its adoption, the resolution sha21 be published in full. (1927, c. 91, s. 4;
1969, c, 717, s. 1; 1973, c, 822, s, 1; 1977, c. 382,)
Local Modification. -Craven: 2001-447, a.
1 (applicble only to resolutions adopted before
January 1, 2002); Daze: 1991, Ez. Sess., a 2, s.
1 (As to applicability and contingency provi-
sions, see 1991 Session Laws, Ex. Seca., c. 2, c.
7);1,ee:1988, c. 195, s.. l (effective June 1,1869,
but only applicable to resolutions approved on
or before Aug. 1, 1990); Wayne: 1987, c. 119
(only applicable to resolutions approved on or
before Nov. 30, 1968),
925
t
T-373 P02/04 U-887
Proposal2
The population turvtbers are front the 2000 Cetaas.
115,5.31 =County Population
5 MemUers
2 Districts
115,531 / 5 = 23,106
District 1 = 46,212 ("ideal population")
5% deviation = +/- 2,.311
Range = 43,901 to 48,52.3
District 2 = 69,318 ("ideal population")
5% deviation = +/- 3,466
Range = 65,852 to 72784
Deviation
D 1 = .3.2 % (47,694)
D2 = 2.1 % (67,837)
2000 Census Blocks
Voting Precincts
3 Rural Buller
'~~ Proposal 2
I~
Proposal3
T/:e poptdation nttntbers are frou: tl:e 2000 Census.
115,531 =County Population
7 members
3 Districts
115,5.31 / 4 = 28883
District 1 & 2 = 2888:3 ("ideal population")
5%deviation+/- 1,444
Range = 27,4.39 to 30,.327
District .3 = 57766 ("ideal population")
5%deviation +/- 2,888
Range = 54,878 to 60,654
Deviation
D 1 = 4.17 % (.30,086)
D2 = 1.77 % (28,371)
D3 = 1.20 % (57,074)
2000 Census Blocks
Voting Precincts
Rural Buffer
Proposal 3
Proposal 5
Tke population numbers are front the 2000 Census.
115,5.31 =County Population
5 members
2 Districts
115,5.31/3 =.38510
District 1 = .38510 ("ideal population")
5% deviation +/- 1,926
Range = .36,584 to 40,436
District 2 = 77020 ("ideal population")
5% deviation +/- 3,851
Range = 7.3,169 to 80,871
Deviation
D1 = 1.19% (.38,95.3)
D2 = 0.57% (76,578)
2000 Census Blocks
Voting Precincts
„ „' Rural Buffer
Proposal 5