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21 <br /> APPENDIX 7 <br /> METHODS FOR ESTABLISHING AND ALTERING THE <br /> STRUCTURE OF THE BOARD OF COUNTY COMMISSIONERS. <br /> The general laws of North Carolina do not prescribe any one set plan for the number <br /> of members, term of office, or method of electing boards of county commissioners. <br /> The structure of each of the 100 boards of county commissioners is determined from <br /> one or a combination of the following authoritative sources: (1) the provisions of G.S. <br /> 153-4 (a former statute repealed in 1973);(2) one or more local acts of the General <br /> Assembly; (3) a local redistricting plan adopted under G.S. 153-5.2 (a former statute also <br /> repealed in 1973), (4) a plan adopted locally under the Home Rule Act, or (5) a judgment <br /> of the federal court entered pursuant to the Voting Rights Act of 1965. <br /> The structure of the Orange County Board of Commissioners is prescribed by <br /> Chapter 439 of the Session Laws of 1953. No changes in the structure of the board have <br /> been made since 1951 <br /> • <br /> There.are currently three possible routes for seeking a change in the structure of the <br /> Orange County Board of Commissioners. <br /> 1.. Local act of the General Assembly. The normal procedure for change by this <br /> method is for the board of commissioners of the affected county to petition its legislative <br /> delegation for introduction and passage of a local bill embodying a specific plan requested <br /> by the board. The Orange County delegation's practice is to require that any such <br /> legislation have the unanimous support of the delegation.. <br /> 2. Home Rule Act (G.S. 153A-58 through"153A-64). The procedure for change <br /> under the county Home Rule Act is as follows: <br /> • <br /> A. The board of county commissioners adopts a resolution modifying the <br /> structure of the board within the parameters allowed by the Act. <br /> B. The resolution is submitted to a vote of the people at either a special <br /> election'or at the same time as an already scheduled election. <br /> • <br /> C. If approved by'the voters, the new plan takes effect for the next primary <br /> and general election cycle. <br /> 3. Litigation Under the Voting Rights Act of 1965. This route for change could be <br /> successful if a litigant were able to show that the existing structure of the board has the <br /> effect of minimizing minority voting strength. <br /> Presentation to the Orange County Board of Commissioners, September 28, 1992 <br /> Joseph S. Ferrell <br /> Institute of Government <br />