A BILL TO BE ENTITLED
AN ACT amending the laws regarding when local elected boards select a chair and other officers of the board when there is a delay in the determination of election results.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑41 reads as rewritten:
"§ 115C‑41.  Organization of board.
(a)	Unless otherwise provided by local law, all local boards of education shall have an organizational meeting no later than 60 days after the swearing in of all members filling vacant seats following election or appointment and as often thereafter as the board shall determine appropriate. The board may fix the date and time of its organizational meeting. At the organizational meeting the members of all boards shall elect one of their members as chair for a period of one year, or until a successor is elected and qualified. The chair of the local board of education shall preside at the meetings of the board, and in the event of absence or sickness, the board may appoint one of its members temporary chair.
(a1)	If, notwithstanding subsection (a) of this section, following an election, one or more members of the board cannot be sworn in due to an election protest under G.S. 163‑182.9, the chair chosen the previous year shall continue to hold that position until the election protest is resolved and all board members take the oath of office. If the chair chosen the previous year is no longer a member of the board, the board members may choose a temporary chair to serve until the election protest is resolved and all board members take the oath of office. At the first regular meeting of the local board of education following the qualification of the newly elected board member or members, the local board of education shall choose a chair for the remainder of that year.
(a2)	The superintendent of schools, whether a county or city superintendent, shall be ex officio secretary to his or her respective board. The superintendent shall keep the minutes of the meetings of the board but shall have no vote: Provided, that in the event of a vacancy in the superintendency, the board may elect one of its members to serve temporarily as secretary to the board.
(b)	All local boards of education shall meet on the first Monday in January, April, July, and October of each year, or as soon thereafter  as practicable. A board may elect to hold regular monthly meetings, and to meet in special session upon the call of the chair or of the secretary as often as the school business of the local school administrative unit may require."
SECTION 2.  G.S. 130A‑56 reads as rewritten:
"§ 130A‑56.  Election of officers; board compensation.
(a)	Upon election, a sanitary district board shall meet and elect one of its members as chairperson and another member as secretary. The chairperson of the sanitary district board shall preside at the meetings of the board, and in the event of absence or sickness, the board may appoint one of its members temporary chair.
(a1)	If, notwithstanding subsection (a) of this section, following an election, one or more members of the sanitary district board cannot be sworn in due to an election protest under G.S. 163‑182.9, the chairperson and secretary chosen the previous year shall continue to hold their positions until the election protest is resolved and all board members take the oath of office. If the chairperson or secretary chosen the previous year is no longer a member of the board, the board members may choose a temporary chairperson or secretary to serve until the election protest is resolved and all board members take the oath of office. At the first regular meeting of the board following the qualification of the newly elected board member or members, the board shall choose a chair and secretary.
(b)	The board may employ a clerk or other assistants as necessary and may fix duties of and compensation for employees. A sanitary district board may remove employees and fill vacancies.
(c)	The board may fix the compensation and allowances of the chairperson and other members of the board by adoption of the annual budget ordinance, payable from the funds of the district, but no increase may become effective earlier than the first meeting of the board following the next election of board members after adoption of the ordinance. Until adoption of an ordinance under this subsection, each member of the board may receive compensation as provided for members of State boards under G.S. 138‑5, payable from funds of the district."
SECTION 3.  G.S. 153A‑39 reads as rewritten:
"§ 153A‑39.  Selection of chair and vice‑chair; powers and duties.
(a)	On:
(1)	The first Monday in December of each even‑numbered year; and
(2)	Its first regular meeting in December of each odd‑numbered year,
the board of commissioners shall choose one of its members as chair for the ensuing year, unless the chair is elected as such by the people or otherwise designated by law. The board shall also at that time choose a vice‑chair to act in the absence or disability of the chair. If the chair and the vice‑chair are both absent from a meeting of the board, the members present may choose a temporary chair.
(b)	If, notwithstanding subsection (a) of this section, following an election, one or more members of the board cannot be sworn in due to an election protest under G.S. 163‑182.9, the chair and vice‑chair chosen the previous year shall continue to hold their positions until the election protest is resolved and all board members take the oath of office. If the chair or vice‑chair chosen the previous year is no longer a member of the board, the board members may choose a temporary chair or vice‑chair to serve until the election protest is resolved and all board members take the oath of office. At the first regular meeting of the board of commissioners following the qualification of the newly elected board member or members, the board shall choose a chair and vice‑chair for the remainder of that year.
(c)	The chair is the presiding officer of the board of commissioners. Unless excused by rule of the board, the presiding officer has the duty to vote on any question before the board, but the presiding officer has no right to break a tie vote in which he or she participated."
SECTION 4.  G.S. 160A‑70 reads as rewritten:
"§ 160A‑70.  Mayor pro tempore; disability of mayor.
(a)	At the organizational meeting, the council shall elect from among its members a mayor pro tempore to serve at the pleasure of the council. A councilman serving as mayor pro tempore shall be entitled to vote on all matters and shall be considered a councilman for all purposes, including the determination of whether a quorum is present. During the absence of the mayor, the council may confer upon the mayor pro tempore any of the powers and duties of the mayor. If the mayor should become physically or mentally incapable of performing the duties of the mayor's office, the council may by unanimous vote declare that the mayor is incapacitated and confer any of the mayor's powers and duties on the mayor pro tempore. Upon the mayor's declaration that he or she is no longer incapacitated, and with the concurrence of a majority of the council, the mayor shall resume the exercise of the mayor's powers and duties. In the event both the mayor and the mayor pro tempore are absent from a meeting, the council may elect from its members a temporary chair to preside in such absence.
(b)	If, notwithstanding subsection (a) of this section, following an election, one or more members of the council cannot be sworn in due to an election protest under G.S. 163‑182.9, the mayor pro tempore chosen the previous year shall continue to hold that position until the election protest is resolved and all council members take the oath of office. If the mayor pro tempore chosen the previous year is no longer a member of the council, the council may choose a temporary mayor pro tempore to serve until the election protest is resolved and all council members take the oath of office. At the first regular meeting of the council following the qualification of the newly elected council member or members, the council shall choose a mayor pro tempore to serve at the pleasure of the council."
SECTION 5.  This act is effective when it becomes law.