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HomeMy WebLinkAboutAgenda - 11-15-2005-9aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 15, 2005 SUBJECT: Next Steps on Draft Maps/Plans Related to Possible District Elections for the Board of Commissioners Action Agenda Item No. ~ -Q 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) 1) 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-tap 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: Moses Carey, Jr., Chair Geof Gledhill, County Attorney, 732-2196 Greg Wilder, 245-2300 David Hunt, 245-2130 John Link, 245-2300 Brian Carson, 245-2595 Craig Benedict, 245-2592 PURPOSE: To continue with next steps in the Board's 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. 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 upon by the qualified voters of the entire county." Neither those making the request nor the petition submitted incltded any explanatory informatics ar 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) same limited boundaries and statistical information showing the population distribution as it may relate to the consideration/formulation of district representation for 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 possible 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 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 BOCC 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, 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 board 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 recently received a request to again provide information on the use of nominating districts versus residential districts for the district election of members of other boards of commissioners in North Carolina. In response to a request from several months ago, staff had contacted 22 counties across the state. Through a process of elimination based on existing information, the County Attorney and staff determined that contacting the remaining 77 counties would likely not add anything to that learned from the 22 counties contacted. 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. Tonight's meeting provides the Board the opportunity to discuss next steps and consider any possible maps/plans far additional review and/or decision. Based on BQCC discussion, staff can provide any analysis requested by the Board for additional BQCC disaassion and/or move forward based on Board direction. Decision points for the Board's current and/or future consideration include: 1) Confirmation/determination by the Board that it wants to pursue a district election system and if so, when a referendum will be held; 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 additional information/other frameworks to staff for 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?; 4 5) Implementing the decision of the Board and documenting the transition process for the selected Preferred MaplPlan by Resolution as prescribed by N.C. Gen. Stat. § 153A- 60, For 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 running 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 far 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 become 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 far 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 run in District 1, in District 2, or At Large, based on their residency, 6) "Publish" the Resolution as required by N.C. Gen. Stat. § 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 bath 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 considering the next steps in 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 next steps in its review of the draft maps/plans and other associated materials related to possible District Elections far 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: PROPOSAL2 FIVE COMMISSIONERS WITH TWO MULTIMEMBER DISTRICTS ONE THREE-MEMBER DISTRICT & ONE TWO-MEMBER DISTRICT All five members could be nominated in the Primazies 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. PROPOSAL 3 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 Primazies 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 Primaries 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 permissible in 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 establislunent 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 disMct 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 corrurrissioners from more rural areas, Any district plan should maintain a staggered term system for members of the Board of Conm>zssioners. Any district plan should continue to provide African-Americans, women, and other minorities arr 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 FUTURE (Proposed) November 2005 Second BOCC Possible BOCC Decision on One Plan with Regular Meeting District Lines on November 15, 2005 November 2006 Referendum by County Voters on BOCC- Approved Plan May 2008 Implementation of Adopted Plan (IF APPROVED BY VOTERS) DRAFT DRAFT DISTRICT ELECTION PLANS POTENTIAL IMPACTS ON CURRENT MEMBERS OF THE BOARD OF COMMISSIONERS As currently proposed, the Board of Commissioners, 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. Note; With any of the potential district election plans, there will be a need to detern:irae the sequencing of the district and/or at-large seats associated with those plans for in:plen:entatiorz during the 2008 and 2010 elections. Dr¢til that sequencing is determined, specific frmneworlrs/opportunities for the potential election of current Conunissionw-s cannot be fully detailed What follows assumes tlae present sequencing is maintained. PROPOSAL 2 -FIVE COMMISSIONERS WITH TWO MULTIMEMBER DISTRICTS - ONE THREE-MEMBER DISTRICT & ONE TWO-MEMBER DISTRICT Commissioner Moses Cazey, Tr. Valerie Foushee Alice Gordon 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 2008 Potential District 2 Candidate Potential District 2 Candidate 2010 If elected in 2008, would be in middle of 4- yearterm as District 2 Commissioner If elected in 2008, would be in middle of 4- year term as District 2 Commissioner Steve Hallciotis If re-elected in 2006, Possible Re-election 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 Potential District 2 Candidate Potential District 1 Candidate Potential District 1 Candidate DRAFT PROPOSAL 3 -SEVEN COMMISSIONERS -ONE TWO-MEMBER DISTRICT/TWO SINGLE MEMBER DISTRICTS/THREE AT LARGE Commissioner Moses Cazey, 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 Passible Re-election -Not affected by any new plan 2008 Potential District .3 Candidate or Potential At-Lazge Candidate Potential District 3 Candidate or Potential At-Large Candidate If re-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 of4- yeazterm as District 3 Commissioner or At- Large Commissioner If elected in 2008, would be in middle of'4- yeazterm as District 3 Commissioner or At- Large Commissioner Potential District 3 Candidate or Potential At-Lazge Candidate Potential District 1 Candidate or Potential At-Large Candidate Potential District 2 Candidate or Potential At-Large Candidate 9 DRAFT to PROPOSAL 5 -FIVE COMMISSIONERS -ONE TWO-MEMBER DISTRICT/ONE SINGLE MEMBER DISTRICT/TWO AT LARGE Commissioner Moses Carey, .Ir Valerie Foushee Alice Gordon Steve Halkiotis 2006 In the middle of current 4-yeaz 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 2008 Potential District 2 Candidate or Potential At Large Candidate Potential District 2 Candidate or Potential At-Large 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- yeaz term 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 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 Potential District 1 Candidate or Potential At-Large Candidate LAW OFFICES COLEMAN, GLEDHIL.L, HARGRAVE & PEEK A PROFL•SSIONAL COMORATION t29 E TRYON STREET P.O DRAWER 1529 HILLSBOROUGH, NORTH CAROLINA 27278 919~732~2196 FAX 919-73b7997 umnv. cgandh com October 26, 2005 Moses Carey, Jr., Chair Valerie P, Foushee Alice M. Gordon Stephen Halkiotis Barry Jacobs Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 FROM THE DESK OF GEOFFREY E. GLEDHILL E,MAII seofieeysleJhiil~cgand6cmn 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, GLEDHSLL, HARGRAVE & PEER, P.C. 11 GEG/lsg Enclosure xc: John M. Link, Jr. 1sg:letters\bdo£com redistricting It r.doc 13 2,~ j 1JJ ~-~ J CH i53..i. CGLiv Tics g153 ~-22 County Bonds Not to Be Sssued for Road Purposes of One Township or Taxing Dis- trict. - R.l:ile the building of public rows has been held a necessary espen;e. application of the principle map not be eltended to instances where a statute requires the county to issue its bonds for road purposes to obtain aid fur a towns'rip or local t2_;ing district therein, upon the anpro~al of the voter of the particular district alone. and without bene5t to the others, Cor:missiorer of Johnston County v i.acy 174 ?Y0.141,935E 4P2(1917i Cited in P.icer Hi: ch Assocs. v City of Ra- leigh. 3?6 ti C 109, 333 5 E 3d 533 ~ 19901 § 153-20. lYIap of electoral districts. If a county is divided into electoral districts for the purpose of nominating or electing persons to the board of commissioners, the current boundaries of the electoral districts shall at all times be.drau-n on a map. or set out in a written description, or' shown by a combination of these techniques. This current delineation shall be available for public inspection in the office of the clerk. (1973, c 822, s, l ) § la"3-~.-21: Repealed by Session Laws 1973, c. 88~. Editor's Vote.-Session Laws 1915. c 339. applicable only to Robeson Count}•, reenacted this section. § 153:4.-22. Redefining electoral district boundaries. (a) Ii a county is divided into electoral dstricts for the purpose of nominat- ing or electing persons to the board 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 they=_ is substantial inequality of population among the districts, it may by resolution redefirie the electoral districts. (c) Redefined electoral districts shall be so drawn that the quotients obtained by di~ridirg the population of each district 6,y the number of commis- sioners 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 an electoral district may affect the unexpired term of office of a commissioner residing in the district and serving on the board on the effective date of the resolution. If the terms 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. (e) A resolution adopted 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 commissioners occurring after the resolution's effective date, and thereafter. ~ resolution 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 e$ective on the first day after the end of the period. (f) Not later than 10 days afoot the day on which a resolution becomes effective, the clerk shall file in the Secretary of State's office, in the ofce of the register of deeds of the count; and with the chairman of the county board of elections, a certified copy of the resolution. (g) This section shall not apply to counties whore under G.S. 153:x-58(3)d, or under public or local act, districts are for residence purposes pall; and the 912 14 n ~: 153_4-22 .t §153A-23 P-RT -i FOR'~I OF GO~ERNI~SE~T §.153A-27 en; upon ~~ qual_ied voters of the entire county nominate all candidates for aad elect all k' ;~icnlaz members of the board. (1931, c. 795.) ie ot~uers. - Lat~: 17.1 Local 141odi5cation. - Dnra: 1991. Ex. anc precious action under G S. 153A-22.'" Sec- '' ~ !` Sess, c. 3, ss. i-~ 1 ias to applicability and tion 1 provides: "Chapter 136, Session Laws of iu~bf Ra- !' contingency precisions, seei991 Session Laws, 199 i. !relating to etvanding and redistricting L99DL. Ex. Sess., c. 2. s. 7). the Guilford Cowzty Board of Commissione.*s) - ~ Editor's .V-ote.-Session Laws i993,c 6°l, is reenacted." ~'. s 2 provides: "Section 1 of this act supersedes S .ting or E §§ 153A-33, 153A-?4: Peserved for future codification ur oses. of the p p 3IIL - rk,- - ARTICLE 4. ', z Form of Government. ;, Part 1. General Provisions.. - r § 153A-25. Qualifications far appointiv e of ice. ;` ' " u :. The board of commissioners may fir qualifications for any appointive office, ` ` including a requirement that a person serc2*ig in such an office reside within iaat- ~ ~ the county, The board spay not waive qualifications fixed by law for an ~~5- appointive office but may fLY additional qualifications for that oice. (1973 c. ition 'J` , 822, s. 1.) itlnn - e E ~` § 153A-26. Oath of of'nce. n s i a mis- '~' Each person elected by the people or appointed to a county office shall before aach - , entering upon the duties of the oice, take and subscribe the oath of office ;the ` prescribed in Article VI, Sec. 7 of the Constitution. The oath of office shall be d a ministered by some person authorized bylaw to administer oaths and shall °7Ilg `~; ~ be filed with the clerk.. e of hall ;-;': On the first lVIonday in December following each general election at which the county officers are elected, the persons who have been elected to county oFnce " in that election shall assemble at the regular meeting place of the board of !" ' " ` commissioners, At that time each such officer shall take and subscrbe the oath 5 of f r - r of office. An officer not present at this time may take and subscribe the oath at o ' ~ a later time. (1868, c. 20, s- 8; 1874-5, c 237, s. 3; Code, ss. 707, 708; 1895, c.. en s i 135, ss. 3, 4; P~ev., ss. 1316, 1318; C.S„ ss. 1295, 1297; 1965, c. 26; 1973, c. 822 ons of a ;a ''' , s, 1J .;for 3ve ~ CASE NOTES 3. Qe$' - Applied in P.atcliri v Count}- of Buncombe. t11e ... _ 663 F. Supp 1D03 (w.DN.C 1987). § 153A-27. 4acancies on the board of commissioners. If a vacancy occurs on the board of commissioners, the remaining members of the board shall appoint a qualified person to fill the vacancy. If the number of vacancies on the beard is such that a quorum of the board cannot be 9i3 ;~~ ~ , i;; H657 [SL 1995-80] http://www.ncgastate,nc.us/Sessions/199/Bills/Hoe ~~~ GENERAL, ASSEMBLY OF NORTH CAROLINA 1995 SESSION RATIFIED BILL CHAPTER. 80 HOiJSE 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 alid 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 be from December 1 to February 15 of each year, (b) No person shall place traps on the land of another without first obtaining written perrrlission 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 COLLEGE 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/COUNTY 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 1 of 4 10/26/2005 10:2.3 A H657 [SL 1995-30] http://www.ncga.state.nc.us/Sessions/1995/(B/ills/Hou ~~ 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 Byrlum, West Williams, East Williams, and New Hope. District Nlxmber Two shall consist of all the territory within the boundaries of the precincts of East Pittsboro, West Pittsboro, West Mann's Chapel, and East Mann'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 Sider City, North Sider City, Albright, Hadley, and Hickory Morxntain. (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 ternls of four years. (e) Candidates must reside in the district which they seek to represent, but shall be voted on 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. 115C-37, except for subsection (i), shall be applicable to the members of the Chatham County Board of Education. (g) Chapter 501 of the Session Laws of 1975 is repealed, except for Section 6. (h) Article 3 of Chapter 153A of the General Statutes is amended by adding a new section to read; 2 of4 10/26/2005 10:23 A 367 [SL 199-80] http://www.ncga.state,nc.us/Sessions/1995/Bills/Hou (~ 1 " 153A-22.1. Redefning reSide~ district boundaries. ~a~ 'Residency_district' mearl_s a district in which the candidates reside '~''~%`` and represent the distrct~but the candidates are voted on in the primaries and general elections b~hequalified voters of the entire county~It includes districts establistled either by local act or under G_S. 153A~5g(3~d. ~b~ If a count,}%is divided into resident districts, the board of commissioners may find as a fact whether there is substantial ineq_ualit~f population anrong_the districts_If the board finds that there is substantial inequality of populationarnrnong the districts, it may by resolution redefine the residency districts to make them more nearly equal. The test for compliance with this section is a reduction in the relative overall Mange of deviation. ~ No change in the boundaries of a residencesdistrict may affect the unexpired term of office of a commissioner residin in the district and serving on the board on the effective date of the resolution. If the terms of office of members of the board do not all expire at the same tune. the resolution_shall state which seats are to be filled at th_e initial election held under the resolution. ~d~ A resolution adopted pursuant to this section shall be the basis of electing~ersons to the board of commissioners at the first getleral election for members_of the board of commissioners occurring after the resolution's effective date, and thereafter. Before anv resolution may be adopted pursuant to this section the board of commissioners shall hold a public hearin o~it_ A notice of the public hearing shall be given once a week for two successive weeks in a newspaper having general circulation in the county. The notice shall be published for the first tune not less than 10 days nor more than 20 da. sy before the date fixed for hearing. In computing the period of time, the da~f publication shall not be included but the day of the hearing shall be included. A resolution becomes effective upon its ado tion, 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_g_eneral election for membership 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 day on which a resolution becomes effective he 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 count by oard of elections, a certified copy of the resolution_ jf~ 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 i nnFnnns r n•r, a H657 [SL 199-801 http://www.ncga.state.nc.us/Sessions/1995/Bills/Hou ,~~ reads as rewritten: "Sec, 6. The provisions of G.S. ~1-5-~4r115C-37 shall be applicable to the members of the Chatham County Board of Education. -T--he-persons elected-steal-l-qualif}~-by-taping-the-o-ath-o-f-o-f€ ce=30-days-afte~th~eleetiorr. The members of the Chatham Count}%Board of Education shall hold a meeting on the first Monday in December following the election. At that meeting, newl~%elected members of the Board of Education shall qualify taking the oath of office as prescribed in Article VI, Section 7 of the Constitution." Sec. 5. This act is effective upon ratification. In the General Assembly read three times and ratified this the l ltll day of May, 1995. Dennis A. Wicker President of the Senate Harold J. Brubaker Speaker of the House of Representatives 4 of 4 10/26/2005 10:23 A "'",1 11-10-'05 11:08 FROM- §153A•59 ART. 4.. FORM OF GOVERNMENT §153A-60 Local Modification. - (.4s to Part 4 of Article 4) Bisden: 1987, c. 646; Dare: 1991, Ex, Sass., o, 2, s. 4 (As to applicability and watin- gency provisions, soe 1991 Session Lsws, Ex Sesa., c. 2, e, 7); Lee (ae to Part 4 and Ct.S. 153A-58): 1989, e. 195, as. 4, 5 (effective June 1, 1989, but only applicable to resolutions ap- proved on or before Aug. 1, 1990), as amended by 1989, c.. 770, s 43~ LEe (as to 1;'art 4 end G.S. 153A-58): 1989, c. 195, se. 4, 5 (effective Juna 1, 1989, but ottly applicable to resolutions ap- proved on or before Aug. 1, 1990), as amended by 1989, c 770, s. 43. CASE NOTES Cited is Ratclifi v. County of Buncombe, 759 E2d 1189 (4th Cir. 1985); Ratdiff v. County of Buncombe, 663 F Supp. 1009 (~yD,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 eloction all members of the board shall be elected.. A simple majority of those elected shall be elected fortwo-year terms, and the remaining members shall be elected for four-year terms. The candidate or cagdidates 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 is 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, s. 3; 1969, c. 717, s. 1; 1973, c. 822, s. l.) § 153A•60. Initiation of alterations by resolution. The board 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) Prescnbe 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 referendum 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 be ing 60 days before and ending 60 days after any other primary a action, special election or referendum Meld in the county. Upon its adoption, the resolution shall be published in full. (1927, c. 91, s. 4; 1969, c, 717, s. 1; 1973, c. 822, s. 1; 1977, c. 382.) Local Modifioation -Craven: 2001-d~47, s. 1 (applicble only to resolutions adopted before Janusry 1, 2002); Daze: 1991, Ex. Seas., c. 2, s. 1 (As to applicability and contingency provi- sions, see 1991 Session Laws, Ex. Seca., c. 2, s. 1 7); Lee: 1989, c. 195, s.. 1 (effective June 1, 1889, but Daly spplicable to resolutions approved oa or before Aug. 1, 1990); Wayne: 1987, e, 119 (only applicable to resolutions approved on or before Nov. 30, 1988). 925 T-373 P02/04 U-887 ®RAFT Proposal 2 The populafion numbers are from the 2000 Census. 915,531 =County Population 5 Members 2 Districts 115,531 / 5 = 23,106 District 1 = 46,212 ("ideal population") 5% deviation = +/- 2,311 Range = 43,901 to 48,523 District 2 = 69,318 ("ideal population") 5% deviation = +/- 3,466 Range = 65,852 to 72784 Deviation D1 = 3.2 % (47,694) D2 = 2.1 % (67,837) 2000 Cansus Blocks Voling Preclnds Rurel Buffer Proposal 2 DRAFT Proposal 3 The populafion numbers are from fhe 2000 Census. 115,531 =County Population 7 members 3 Districts 115,531 / 4 = 28883 District 1 & 2 = 28883 ("ideal population") 5% deviation +/- 1,444 Range = 27,439 to 30,327 District 3 = 57766 ("ideal population") 5% deviation +/- 2,888 Range = 54,878 to 60,654 Deviation D1 = 4,17 % (30,086) D2 = 1.77 % (28,371) D3 = 1,20 % (57,074) 2008 Census Blocks VoOng Precincts ;Rural Buffer Proposal 3 LEI FT Proposal 5 The population numbers are from the 2000 Census. 115,531 =County Population 5 members 2 Districts 115,531/3 = 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 = 73,169 to 80,871 Deviation D1 = 1.19% (38,953) D2 = 0.57% (76,578) 2000 Census tllocl¢ Wting Precincts „ q Rural Buller Proposal 5