§ 130A-50. Election and terms of office of sanitary district boards.
§ 130A‑50. Election andterms of office of sanitary district boards.
(a) The Departmentshall send a copy of the resolution creating the sanitary district to the boardor boards of county commissioners of the county or counties in which all orpart of the district is located. The Department shall file or cause to be filedwith the county board or boards of elections in the same county or counties amap of the district. With the map it shall include supporting documents. Thatmap and documents shall be filed within 10 business days after the creation ofthe district and amended within 10 days after any change to the boundaries ofthe district. The board or boards of commissioners shall hold a meeting orjoint meeting for the purpose of electing the members of the sanitary districtboard.
(b) The sanitarydistrict board shall be composed of either three or five members as the countycommissioners in their discretion shall determine. The members first appointedshall serve as the governing body of the sanitary district until the nextregular election for municipal and special district officers as provided inG.S. 163‑279, which occurs more than 90 days after their appointment. Atthat election, their successors shall be elected. The terms of the membersshall be for two years or four years and may be staggered as determined by thecounty board of commissioners so that some members are elected at each biennialelection. The members of the sanitary district board shall be residents of thedistrict. The county board of commissioners shall notify the county board ofelections of any decision made under this subsection.
If the sanitary district boardconsists of three members, the county commissioners may at any time increasethe sanitary district board to five members. The increase shall becomeeffective with respect to any election where the filing period for candidacyopens at least 30 days after approval of the expansion to five members. Theeffective date of the expansion is the organizational meeting of the sanitarydistrict board after the election.
The county commissioners mayprovide for staggering terms of an existing sanitary district board whosemembers serve two‑year terms by providing for some of the members to beelected at the next election to be for four‑year terms. The change shallbecome effective with respect to any election where the filing period forcandidacy opens at least 30 days after approval of the staggering of terms.
The sanitary district boardmay provide for staggering its terms if its members serve unstaggered four‑yearterms by providing for some of the members to be elected at the next electionfor two‑year terms. The change shall become effective with respect to anyelection where the filing period for candidacy opens at least 30 days afterapproval of the staggering of terms.
The county commissioners mayprovide for changing a sanitary district board from two‑year terms tounstaggered four‑year terms. This may be done either by providing that atthe next election, all members shall be elected for four‑year terms, orby extending the terms of existing members from two years to four years. Thechange shall become effective with respect to any election where the filingperiod for candidacy opens at least 30 days after approval of the change oflength of terms.
(b1) If a sanitarydistrict:
1. Does not shareterritory with any city as defined by G.S. 160A‑1(2), and
2. The sanitarydistrict is in more than one county,
the boards of countycommissioners in all counties with territory in the sanitary district may setthe sanitary district elections to be held on the same date as generalelections in even‑numbered years under G.S. 163‑1 and may extendthe terms of any sanitary district board members who are in office at theratification of this act until the next even‑year general election canbeen [be] held and successors qualified.
(b2) If a sanitarydistrict:
(1) Is located entirelywithin a county which has no incorporated city as defined by G.S. 160A‑1(2)located within that county; and
(2) Has a sanitarydistrict board whose members serve four‑year terms which are notstaggered and which next expire in 1991,
the board of commissioners ofthat county may, by resolution adopted prior to December 31, 1989, set thesanitary district election to be held on the same date as general elections ineven‑numbered years under G.S. 163‑1. Such resolution shall extendthe terms of office of the then serving members of the sanitary district boardby one year, so that they will expire on the first Monday in December followingthe 1992 general election. Other than as provided by this subsection, sanitarydistrict elections shall continue to be conducted in accordance with thisArticle and Chapter 163 of the General Statutes.
(c) The election shallbe nonpartisan and decided by simple plurality as provided in G.S. 163‑292and shall be held and conducted by the county board of elections in accordancewith the applicable provisions of Articles 23 and 24 of Chapter 163 of theGeneral Statutes. If the district is in more than one county, then the countyboard of elections of the county including the largest part of the districtshall conduct the election for the entire district with the assistance and fullcooperation of the boards of elections in the other counties.
(d) The board ofelections shall certify the results of the election to the clerk of superiorcourt. The clerk of superior court shall take and file the oaths of office ofthe board members elected.
(e) The elected membersof the board shall take the oath of office on the first Monday in Decemberfollowing their election and shall serve for the term elected and until theirsuccessors are elected and qualified. (1927, c. 100, s. 6; 1943, c. 602; 1953, c. 798; 1955,c. 1073; 1957, c. 1357, s. 1; 1963, c. 644; 1973, c. 476, s. 128; 1981, c. 186,s. 1; 1983, c. 891, s. 2; 1987, c. 22, s. 1; 1989, c. 310; 1993 (Reg. Sess.,1994), c. 736, s. 1.1; 1997‑117, s. 1; 2007‑391, s. 15.)