§ 153A-58. Optional structures. - North Carolina Statutes

Part 4. Modification in the Structure of the Board ofCommissioners.

§ 153A‑58.  Optional structures.

A county may alter the structure of its board of commissioners byadopting one or any combination of the options prescribed by this section.

(1)        Number of members of the board of commissioners: The boardmay  consist of any number of members not less than three, except as limited bysubdivision (2)d of this section.

(2)        Terms of office of members of the board of commissioners:

a.         Members shall be elected for two‑year terms of office.

b.         Members shall be elected for four‑year terms ofoffice.

c.         Members shall be elected for overlapping four‑yearterms of office.

d.         The board shall consist of an odd number of members, who areelected for a combination of four‑ and two‑year terms of office, sothat a majority of members is elected each two years. This option may be usedonly if all members of the board are nominated and elected by the voters of theentire county, and only if the chairman of the board is elected by and from themembers of the board.

(3)        Mode of election of the board of commissioners:

a.         The qualified voters of the entire county shall nominate allcandidates for and elect all members of the board.

            For options b, c, and d, the county shall be divided intoelectoral districts, and board members shall be apportioned to the districts sothat the quotients obtained by dividing the population of each district by thenumber of commissioners apportioned to the district are as nearly equal aspracticable.

b.         The qualified voters of each district shall nominatecandidates and elect members who reside in the district for seats apportionedto that district; and the qualified voters of the entire county shall nominatecandidates and elect members apportioned to the county at large, if any.

c.         The qualified voters of each district shall nominatecandidates who reside in the district for seats apportioned to that district,and the qualified voters of the entire county shall nominate candidates forseats apportioned to the county at large, if any; and the qualified voters ofthe entire county shall elect all the members of the board.

d.         Members shall reside in and represent the districtsaccording to the apportionment plan adopted, but the qualified voters of the entirecounty shall nominate all candidates for and elect all members of the board.

            If any of options b, c, or d is adopted, the board shalldivide the county into the requisite number of electoral districts according tothe apportionment plan adopted, and shall cause a delineation of the districtsso laid out to be drawn up and filed as required by G.S. 153A‑20. No morethan  half the board may be apportioned to the county at large.

(4)        Selection of chairman of the board of commissioners:

a.         The board shall elect a chairman from among its membershipto  serve a one‑year term, as provided by G.S. 153A‑39.

b.         The chairmanship shall be a separate office. The qualifiedvoters of the entire county nominate candidates for and elect the chairman fora two‑ or four‑year term. (1927, c. 91, s. 3; 1969, c. 717, s. 1; 1973, c. 822, s. 1.)