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66 <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153-4 (a former statute repealed in 1973), (2) one or more local acts of the General 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repealed in 1973), (4) a plan adopted locally under the Home Rule Act, or (5) a judgment 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 1953. <br />There are currently three possible routes for seeking a change in the structure of the <br />Orange County Board of Commissioners. <br />I 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 />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 />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 />