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§153A-59
<br />ART 4- FORM OF GOVER.NIJENT §153A•6(
<br />Local Modification. - G4a to Part 4 of
<br />Article 4) Blades 1967, c.. 646; Dare: 1991, Ex.
<br />Seas.., c. 2, s. 4 (As to applicability and contin-
<br />gency provisions, see 1991 Session Laws, ML
<br />Sass., c. 2, s. 7); Lee (ae to Part 4 and G.S.
<br />153.4- 58):1989, c. 195, as. 4, 5 (effective June 1,
<br />1989, but only applicable to resolutions ap-
<br />5K J �I
<br />Cited in Ratclifiv. County of Buncombe, 759
<br />E2d 1193 (4th Cir. 1985); Ratcliff v. County of
<br />Buncombe, 663 F. Supp, 1003 (W.D.N,C, 1987).
<br />proved no or before Aug. 1, 1990), as amendei
<br />by 1989, c.. 770, s. 43. Lee (as to ]?art 4 end G
<br />153A- 56):1989, 0.195, se. 4, 5 (effective June 1
<br />1989, but only applicable to resolutions op
<br />proved oa or before Aug. 1, 1990), as amandai
<br />by 1989, c 770, s. 43.
<br />§ 153A -59. Implementation when board has members
<br />serving a combination of four- and two -year
<br />terms.
<br />If the structure of the board of commissioners is altered to establish a board
<br />with an odd number of members serving a'combinatioa of four - and two-year
<br />terms of office, the new structure shall be implemented as follows:
<br />At the first election all members of the board shall be elected. A simple
<br />majority of those elected shall be elected for two -year terms, and the remaining
<br />members shall be elected for four -year terms. The candidate or cagdidates
<br />receivhlg the highest number of votes shall be elected for the four -year terms.
<br />At each subsequent general election, a simple majority of the board shall be
<br />elected. That candidate who is elected with the least number of votes shall be
<br />elected for a two-year term, and the other member or members elected shall be
<br />elected for four -year terms, (1927, c. 91, s: 3; 1969, c. 717, s: 1; 1973, c. 822, s.
<br />1.)
<br />§ 153A -60. Initiation of alterations by resolution.
<br />The board of commissioners shall initiate any alteration in the structure of
<br />the board by adopting a resolution. The resolution shall:
<br />(1) Briefly but completely describe the proposed alterations;
<br />(2) Prescribe the manner of transition from the existing structure to the
<br />altered structure;
<br />(3) Define the electoral districts, if any, and apportion the members
<br />among the districts;
<br />(4) Call a special referendum on the question of adoption of the alter-
<br />ations. The referendum shall be held and conducted by the county
<br />board of elections. The referendum may be held at the same time as
<br />any other state, county or municipal primary, election, special election
<br />or referendum, or on any date set by the board of county commission-
<br />ers, prrn*ded, that such referendum shall not be held within the
<br />period of time beginning 60 days before and ending 60 days after any
<br />other primary, election, special election or referendum held in the
<br />County.
<br />Upon its adoption, the resolution shall be published in full. (1927, c. 91, s. 4;
<br />1969, c. 717, s. 1; 1973, c. 822, s. l; 1977, c. 382.)
<br />Local Modification.- Craven: 2001 -447, a.
<br />1 (applicble only to resolutions adopted before
<br />January 1, 2002); Dare; 1991, Ex, Sass.., c. 2, a.
<br />1 (As to applicability and contingency provi-
<br />sions, see 1991 Session Laws, Er. Seen., c 2, s.
<br />V
<br />7); Lee; 1989, c. 195, s.1(effective June 1, 1989,
<br />but only applicable to resolutions approved on
<br />a before Aug. 1, 1990); Wayne: 1987, c.. 119
<br />(only applicable to resolutions approved an or
<br />before Nov. 30, 1988).
<br />925
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