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Full text of "North Carolina manual [serial]"

NORTH CAROLINA 

1993-1994 




iS'^^^-^Sa 





above: The Bell Tower 

Dan Sears, UNC News Service 

right: The 1893 Tar Heel Football Team 




Bicentennial 

from left to right: N. C. Governoij 

C. Friday, Presj 

and UNC-CH Chal 



A /jl 



Unless otherwise noted, all pictures courtesy of 
the N. C. Collection, UNC-Chapel Hill " 





servance, 1961 
ifrry Sanford, UNC President William 
it John F. Kennedy 
llor William B. Aycock 




Cornelia Phillips Spencer, one of the most famo; 
women in UNC-CH history, led the campaign 
reopen the university after it closed for four yea 
following Reconstruction. 






Students at the Old Well, 1890s 




William R. Davie 
Founder, University of North Carolina 



THE LIBRARY OF THE 

UNIVERSITY OF 

NORTH CAROLINA 

AT CHAPEL HILL 




THE COLLECTION OF 
NORTH CAROLINIANA 



C917 


05 


N87m 




1993- 


-94 


c .3 





UNIVERSITY OF N.C. AT CHAPEL HILL 



0001748309 



This book is due on the last date stamped 
below unless recalled sooner. It may be 
renewed only once and must be brought to 
the North Carolina Collection for renewal. 






North Carolina 

Manual 

1993-1994 



STATEMENT OF PUBLICATION COST 

Five thousand (5,000) copies of the 1993-1994 North Carolina Manual were 
printed at a cost to the State of $71,847.75 or $14.37 per volume. 



North Carolina 

Manual 

1993-1994 




Published by 

Rufus L. Edmisten 

Secretary of State 

Lisa A. Marcus 

Editor 

Carolyn L. Mabry 

Design Editor 



Raleigh 



m 



A ckn o wledgem en ts 

The publication of the 1993-1994 edition of the North Carolina 
Manual has involved the hard work and dedication of several people. 
I would like to thank the public information officers and public affairs 
personnel throughout the departments of state government for sup- 
plying the up-to-date information which appears throughout this 
manual. Without your assistance; we would not be able to provide 
the citizens of this state an accurate and reliable guide to North 
Carolina, 

Also deserving of particular mention is the Publications staff, all 
of whom took painstaking efforts to edit and revise, and edit and 
revise again, and again. . . the text for this manual so as to provide the 
best possible product to North Carolina citizens. To Linda Wise, 
Laura Ellis, Briles Johnson, and Sarah Brawley I owe a huge debt. 

I would also like to extend a special thank you to Christie Speir 
Cameron, Clerk of the North Carolina Supreme Court, for her assis- 
tance and expertise with respect to our special piece on the 175th 
Anniversary of the Supreme Court. In addition, the Bicentennial 
Observance Office of the University of North Carolina at Chapel Hill 
is also deserving of recognition for assisting with the section on the 
UNC bicentennial celebration. These contributions have helped to 
make this 1993-94 edition of the Manual unique, and your help is 
much appreciated. 

Last, but not least, I would like to offer a very special thanks to 
Julie Snee and Ed Carr for their lengthy consultations/suggestions, 
and support with this enormous project. This is the first year that the 
Manual has been completely produced in-house (except for the actual 
printing), and I could not have delivered this product without your 
help. Thank you! 

I hope that this edition of the North Carolina Manual achieves its 
goal of providing useful and interesting information to the citizens of 
North Carolina, and, as always, on behalf of the entire Department of 
the Secretary of State, we invite constructive comments and sugges- 
tions from the users of this publication. 

Lisa A. Marcus 
Editor 



p 



IK? 



Department of the Secretary of State 
Raleigh, North Carolina 



in 



Dear Fellow North Carolinians: 

It is with great pride that I present the 1993-1994 edition of 
the North Carolina Manual. This manual was developed to 
offer North Carolina citizens timely, accurate information 
concerning our state's history and government, as well as 
updated facts related to the nation's federal government. In 
addition, I am pleased to include reflections on the unique 
qualities of North Carolina which make our great state so special. 



\ : ■;. 



As we near the 21st Century, we must realize that the effec- 
tive communication of information is at the heart of education, 
justice and economic development. With the North Carolina 
Manualythis department aims to provide the citizens of this 
staf^ w|th Ja user-friendly resource to help make government 
work for them. But this department also understands the 
importance of the "two-way street" when it comes to gathering 
and disseminating information. We need you, as citizens, to 
helj^v^jfelter assess the state's needs. To this end, the 
Secretary of State's Office has established a toll-free telephone 
number citizens can call to ask questions and air concerns. In 
addition, we have implemented an investor awareness program 
to help consumers make more informed investment decisions. 



Under the leadership of Governor James B. Hunt, Jr., North 
Carolina is at the forefront of the Information Superhighway 
with its creation of the North Carolina Information Highway, 
the most technologically advanced information exchange in the 
entire world. Furthermore, as Chairman of the Information 
Resources Management Commission, I am striving to bring the 
best information-gathering tools to this state so that our citizens 
can be well informed and active participants in North Carolina's 
future. 



IV 



As Secretary of State, I support and encourage the continued 
prosperity of North Carolina and its citizens. I believe that pro- 
viding accurate and timely information regarding the state's 
many excellent resources is one of the best ways to achieve this 
goal. I hope you will find this manual both useful and interest- 
ing. On behalf of all the departments of North Carolina state 
government, I invite you to contact us with your questions and 
comments and, again, thank you for helping us make North 
Carolina the very best state it can be. 



Sincerely, 



£f~?.£. 



Rufus L. Edmisten 
Secretary of State 





This 1993-1994 edition of the North Carolina Manual is respectfully 
dedicated to the memory of former Secretary of State Tnad Eure 
(1899-1993). Nicknamed "the oldest rat in the Democratic barn" by 
a U.S. District Court Judge in the 1950s, Mr. Eure served this great state 
for 52 years - the longest of any elected state official in our nation's 
history. He began his illustrious career in 1936 with the campaign slo- 
gan "Give a young man a chance," and in 1987, when he announced his 
retirement, he explained that it was once more "time to give a young 
person a chance." 




Thad Eure 
Throughout his life, Mr. Eure 
proved a champion for the 
younger generations of this state. 
It was not uncommon for him to 
drop everything to entertain and 
educate youngsters, and it is said 
that he never missed an opportunity 
to lead a group of schoolchildren 
on a tour of the State Capitol. 



(1899-1993) 
While a student at the Boys State 
Convention in 1954, Governor Jim 
Hunt met Mr. Eure. He recalls the 
former Secretary of State with these 
comments: 

"He inspired me and thou- 
sands of young people to believe 
that we could work in govern- 
ment to make North Carolina a 



VI 



better state. One thing that will 
always stay with me is his enthusi- 
asm and excitement about the 
future. You saw it in his effusive 
greeting, in the twinkle in his eye, 
in the new straw hat he wore every 
spring and in the gusto of his public 
speeches." 

His passion and enthusiasm 
shown through in every facet of his 
life. In the words of Agriculture 
Commissioner, Jim Graham, "He 
was a true, dedicated gentleman of 
the highest order,. ..one of the most 
popular servants of all time, and 
the last of the great orators." 

As compelling as his charm, 
however, was his record of service 
to the state of North Carolina. A 
dedicated public servant, he served 
as mentor to generations of young 



people, myself included. Thad 
Eure: a man who worked long 
hours, but whose office door was 
always open. For 52 years, the fol- 
lowing quotation hung above that 
door— a quote which speaks vol- 
umes about the man behind it. 
"The Office of Secretary of State 
belongs to the people of North 
Carolina. If you will entrust it to my 
keeping, I assure you that it will be my 
pleasure to conduct it in such a manner 
that the humblest will feel a friendly 
welcome there. " 

Mr. Eure kept that promise, and 
on behalf of the citizens for whom 
he worked so diligently, I am hon- 
ored to dedicate the 1993-1994 edi- 
tion of the North Carolina Manual to 
"the oldest rat," Mr. Thad Eure. 



J&, 




Rufus L. Edmisten 

Secretary of State 



Photo, previous page: courtesy of News & Observer Publishing Company. 



Vll 



Directory of State Government 

**State Government Information (Raleigh listings only) ....(919) 733-1110 

Administrative Office of Courts (919) 733-7107 

Community College System (919) 733-7051 

Court of Appeals (919) 733-3561 

Democratic Party Headquarters (919) 821-2777 

Department of Administration (919) 733-7232 

Department of Agriculture (919) 733-7125 

Department of Commerce (919) 733-4962 

Department of Correction (919) 733-4926 

Department of Crime Control and Public Safety (919) 733-2126 

Department of Cultural Resources (919) 733-4984 

Department of Environmental, Health, and Natural Resources(919) 733-4984 
Department of Human Resources (919) 733-4534 

Careline (800)662-7030 

Department of Insurance (919) 733-2032 

Consumer's Toll Free Number (800) 662-7777 

Senior's Health Insurance Informatin Program (800) 443-9354 

Department of Justice (919) 733-3377 

Department of Labor (800) LABOR-NC 

Department of Public Instruction (919) 715-1000 

Department of Revenue (919) 715-0397 

Income Tax Questions (800)451-1404 

Department of Secretary of State (919) 733-4161 

Department of State Treasurer (919)733-3951 

Department of Transportation (General Services) (919) 733-4101 

District Court Judges (919)755-4101 

District Attorney's Office (919) 755-4117 

Conference of District Attorneys (919) 733-3484 

General Assembly (919)733-4111 

Office of Administrative Hearings (919) 733-2698 

Office of the Governor (919)733-4240 

Office of the Lieutentant Governor (919)733-7350 

Office of the State Auditor (919) 733-3217 

Hotline (919)733-3276 

Office of State Controller (919)733-0178 

Office of State Personnel (919)733-7108 

Employee Assistance Program (800) 543-7327 

Republican Party Headquarters (919) 828-6423 

State Board of Elections (919) 733-7218 

Superior Court Judges (919) 755-4100 

Supreme Court (919)733-3723 

U.N.C. System (919)962-1000 



Table of Contents 



Acknowledgments ii 

Foreword, Rufus L. Edmisten, Secretary of State iii 

Dedication v 

Directory of State Government vii 

PARTI 

North Carolina: Its History and Symbols 

CHAPTER ONE 
Historical Miscellanea 

An Early History of North Carolina 1 

The State Capitol Building 11 

The State Legislative Building 14 

The Executive Residences of North Carolina 18 

The Mecklenburg Declaration 29 

The Halifax Resolution 30 

CHAPTER TWO 

North Carolina State Symbols 

State Symbols and their History 

The Great Seal of the State of North Carolina 31 

The State Flag 39 

The State Bird 44 

The State Flower 45 

The State Insect 46 

The State Tree 46 

The State Mammal 47 

The State Toast 48 

The State Shell 49 

The State Salt Water Fish 49 

The State Precious Stone 50 

The State Reptile 51 

The State Beverage 52 

The State Rock 53 

The State Historic Boat 54 

The State Dog 55 

The State Name and Nickname 56 

The State Motto and Colors 56 

The State Song 57 



PART II 

North Carolina State Government 

CHAPTER ONE 

The Constitution of North Carolina 

Our Constitutions: An Historical Perspective 60 

Constitution of North Carolina 76 

Constitutional Ammendments approved by the people since 1970 107 

CHAPTER TWO 

The North Carolina Executive Branch 

Introduction 112 

The Council of State 115 

The Office of the Governor 119 

James B. Hunt, Jr 124 

Governors (historical list) 127 

The Office of the Lieutenant Governor 139 

Dennis A. Wicker, Lieutenant Governor 142 

Lieutenant Governors (historical list) 144 

The Department of the Secretary of State 145 

Rufus L. Edmisten, Secretary of State 152 

Secretaries of State (historical list) 155 

The Department of the State Auditor 160 

Ralph Campbell, State Auditor 162 

State Auditors (historical list) 165 

The Department of the State Treasurer 166 

Harlan E. Boyles, State Treasurer 174 

Treasurers (historical list) 176 

The Department of Public Instruction 180 

Bob R. Etheridge, Superintendent of Public Instruction 184 

Superintendents of Public Instruction (historical list) 186 

The Department of Justice 188 

Mike Easley, Attorney General 196 

Attorneys General (historical list) 198 

The Department of Agriculture 204 

James A. Graham, Commissioner 216 

Commissioners of Agriculture (historical list) 219 

The Department of Labor 220 

Harry E. Payne, Jr., Commissioner 228 

Commissioners of Labor (historical list) 230 

The Department of Insurance 231 

James E. Long, Commissioner 236 

Commissioners of Insurance (historical list) 238 

The Department of Administration 239 

Katie Dorsett, Secretary 246 

Secretaries of Administration (historical list) 247 



The Department of Correction 248 

Franklin Freeman, Secretary 254 

Secretaries of Correction (historical list) 255 

The Department of Crime Control and Public Safety 256 

Thurman B. Hampton, Secretary 266 

Secretaries of Crime Control and Public Safety (historical list) 267 

The Department of Cultural Resources 268 

Betty McCain, Secretary 276 

Secretaries of Cultural Resources (historical list) 278 

The Department of Commerce 279 

S. Davis Phillips, Secretary 285 

Secretaries of Commerce (historical list) 286 

The Department of Environment, Health, and Natural Resources 287 

Jonathan B. Howes., Secretary 297 

Secretaries of Environment, Health and Natural Resources 

(historical list) 298 

The Department of Human Resources 299 

C. Robin Britt, Sr., Secretary 313 

Secretaries of Human Resources (historical list) 315 

The Department of Revenue 316 

Janice H. Faulkner, Secretary 324 

Secretaries of Revenue (historical list) 325 

The Department of Transportation 327 

Sam Hunt, Secretary 335 

Secretaries of Transportation (historical list) 336 

Office of State Controller 337 

Edward Renfrow, State Controller 339 

State Board of Elections 341 

Gary O. Bartlett, Executive Secretary-Director 343 

Office of State Personnel 344 

Ronald G. Penny, Director 349 

Directors 350 

Office of Administrative Hearings 351 

CHAPTER THREE 

North Carolina Legislative Branch 

An Historical Overview 355 

George R. Hall, Jr., Legislative Administrative Officer 360 

The 1993 General Assembly 361 

The 1993 North Carolina Senate 363 

Speakers of the Senate (historical list) 364 

President Pro Tempore of the Senate (historical list) 366 

Marc Basnight, President Pro Tempore 368 

R. C. Soles., Deputy President Pro Tempore 370 

J. Richard Conder, Majority Leader 371 

Robert G. Shaw, Minority Leader 372 

Minority Whip, Betsy Cochrane 373 



Senators (biographical sketches) 375 

Sylvia M. Fink, Principal Clerk 432 

Cecil Goins, Sergeant-at-Arms 433 

Michael Morris, Chaplain 434 

Senate Committee Assignments 435 

The 1993 North Carolina House of Representatives 440 

Speakers of the House of Representatives (historical list) 443 

Daniel T. Blue, Jr., Speaker 449 

Marie W. Colton, Speaker Pro Tempore 451 

Milton F. Fitch, Jr., Majority Leader 452 

David Balmer, Minority Leader 453 

Jim Black, Majority Whip 455 

Robert Grady, Minority Whip 456 

Representatives (biographical sketches) 457 

Denise Weeks, Principal Clerk 593 

Oscar Tyson, Sergeant-at-Arms 594 

Lisa Smith, Reading Clerk 595 

James McGinnis, Chaplain 596 

House of Representatives Committee Assignments 597 

SPECIAL SECTION 

N.C. Lighthouses 603 

CHAPTER FOUR 

North Carolina Judicial Branch 

North Carolina State Supreme Court 175th Anniversary 604 

The Court System in North Carolina 611 

The Supreme Court 612 

James G. Exum, Jr., Chief Justice 618 

Associate Justices (biographical sketches) 621 

Administrative Office of the Courts 627 

James C. Drennan, Administrative Officer of the Courts 629 

The Court of Appeals 631 

S. Gerald Arnold, Chief Judge 631 

Associate Judges (biographical sketches) 632 

Superior Court Judges , 644 

District Court Judges 646 

District Attorneys 650 

PART III 

Higher Education in North Carolina 

CHAPTER ONE 

The University of North Carolina 

University of North Carolina Bicentennial Celebration 653 



The University of North Carolina System 657 

CD. Spangler, Jr., President 661 

Appalachian State University 662 

East Carolina University 667 

Elizabeth City State University 670 

Fayetteville State University 674 

North Carolina A & T State University 679 

North Carolina Central University 684 

North Carolina School of the Arts 689 

North Carolina State University 693 

Pembroke State University 699 

University of North Carolina - Asheville 704 

University of North Carolina - Chapel Hill 708 

University of North Carolina - Charlotte 712 

University of North Carolina - Greensboro 716 

University of North Carolina - Wilmington 721 

Western Carolina University 725 

Winston-Salem State University 728 

CHAPTER TWO 

The Community Colleges 

The Community College System 732 

The Department of Community Colleges 732 

Robert W. Scott, State President 735 

Presidents, Community and Technical Colleges (current list) 736 

The Community Colleges 

Alamance Community College 738 

Anson Community College 738 

Asheville-Buncombe Technical Community College 739 

Beaufort County Community College 740 

Bladen Community College 741 

Blue Ridge Community College 742 

Brunswick Community College 742 

Caldwell Community College and Technical Institute 743 

Cape Fear Community College 744 

Carteret Community College 745 

Catawba Valley Community College 745 

Central Carolina Community College 746 

Central Piedmont Community College 746 

Cleveland Community College 747 

Coastal Carolina Community College 748 

College of the Albemarle 748 

Craven Community College 749 

Davidson County Community College 749 

Durham Technical Community College 750 

Edgecombe Community College 750 

Fayetteville Technical Community College 751 



Forsyth Technical Community College 752 

Gaston College 752 

Guilford Technical Community College 753 

Halifax Community College 754 

Haywood Community College 755 

Isothermal Community College 755 

James Sprunt Community College 756 

Johnston Community College 756 

Lenoir Community College 757 

Martin Community College 757 

Mayland Community College 758 

McDowell Technical Community College 758 

Mitchell Community College 760 

Montgomery Community College 760 

Nash Community College 761 

Pamlico Community College 762 

Piedmont Community College 762 

Pitt Community College 763 

Randolph Community College 763 

Richmond Community College 764 

Roanoke-Chowan Community College 764 

Robeson Community College 765 

Rockingham Community College 766 

Rowan-Cabarrus Community College 766 

Sampson Community College 767 

Sandhills Community College 768 

Southeastern Community College 768 

Southwestern Community College 768 

Stanly Community College 769 

Surry Community College 770 

Tri-County Community College 771 

Vance-Granville Community College 771 

Wake Technical Community College 772 

Wayne Community College 773 

Western Piedmont Community College 773 

Wilkes Community College 774 

Wilson Technical Community College 774 

CHAPTER THREE 

Private Colleges and Universities 

Private Higher Education in North Carolina 775 

Presidents, Private Colleges and Universities 778 



PART IV 

Political Parties 

CHAPTER ONE 

The Democratic Party 

Plan of Organization 783 



The Executive Council (Primary Officers) 817 

County Chairs 818 

CHAPTER TWO 

The Republican Party 

Plan of Organization 821 

Republican Executive Committee (Primary Officers) 843 

Congressional District Committees 843 

County Chairs 844 



PARTY 

North Carolina Counties 

CHAPTER ONE 
County Government 

Historical Perspective 851 

CHAPTER TWO 

The Counties of North Carolina 

North Carolina Counties Map 862 

Alamance 863 

Alexander 863 

Alleghany 863 

Anson 864 

Ashe 864 

Avery 864 

Beaufort 864 

Bertie 865 

Bladen 865 

Brunswick 865 

Buncombe 865 

Burke 866 

Cabarrus 866 

Caldwell 866 

Camden 867 

Carteret 867 

Caswell 867 

Catawba 867 

Chatham 868 

Cherokee 868 

Chowan 868 

Clay 868 

Cleveland 869 

Columbus 869 

Craven 869 



Cumberland 869 

Currituck 870 

Dare 870 

Davidson 870 

Davie 870 

Duplin 871 

Durham 871 

Edgecombe 871 

Forsyth 872 

Franklin 872 

Gaston 872 

Gates 873 

Graham 873 

Granville 873 

Greene 873 

Guilford 874 

Halifax 874 

Harnett 874 

Haywood 875 

Henderson 875 

Hertford 875 

Hoke 875 

Hyde 876 

Iredell 876 

Jackson 876 

Johnston 876 

Jones 877 

Lee 877 

Lenoir 877 

Lincoln 877 

Macon 878 

Madison., 878 

Martin 878 

McDowell 879 

Mecklenburg 879 

Mitchell 879 

Montgomery 880 

Moore 880 

Nash 880 

New Hanover 880 

Northampton 881 

Onslow 881 

Orange 881 

Pamlico 881 

Pasquotank 882 

Pender 882 

Perquimans 882 

Person 882 

Pitt 883 

Polk 883 

Randolph 883 

Richmond 883 



Robeson 884 

Rockingham 884 

Rowan 884 

Rutherford 885 

Sampson 885 

Scotland 885 

Stanly 885 

Stokes 886 

Surry 886 

Swain 886 

Transylvania 887 

Tyrrell 887 

Union 887 

Vance 887 

Wake 888 

Warren 888 

Washington 888 

Watauga 888 

Wayne 889 

Wilkes 889 

Wilson 889 

Yadkin 890 

Yancey 890 



PART VI 

United States Government 

CHAPTER ONE 

The Constitution of the United States 

The Ratification of the Constitution in North Carolina 895 

North Carolina Signers of the Constitution of the United States 903 

William Blount 903 

Richard Dobbs Spaight, Sr 904 

Hugh Williamson 905 

Constitution of the United States 907 

Signers of the U.S. Constitution 916 

Amendments to the Constitution of the United States 917 



CHAPTER TWO 

United States Executive Branch 

The 1993 Presidential Inauguration 927 

Dr. Maya Angelou, On The Pulse Of Morning 

William (Bill) Clinton, President 932 

Albert Gore, Jr., Vice President 934 

Presidents of the United States (historical list) 936 

Presidential Cabinet 937 

Presidential Major Appointments 937 



CHAPTER THREE 

United States Legislative Branch 

The Senate 939 

Officers 939 

Committees 939 

Jesse Helms (biographical sketch) 940 

Duncan M. (Lauch) Faircloth (biographical sketch) 941 

The House of Representatives 942 

Officers 942 

Committees 942 

Biographical sketches: 

Eva Clayton 943 

I. T. Valentine, Jr 944 

H. Martin Lancaster 945 

David E.Price 946 

Stephen L. Neal 947 

John H. Coble 948 

Charles G. Rose, III 949 

W.G. (Bill) Hefner 950 

Alex McMillan 951 

Thomas C. Ballenger 952 

Charles Taylor 954 

Melvin L. Watt 955 

CHAPTER FOUR 

The United States Judiciary 

The Supreme Court 957 

Fourth Circuit Court of Appeals 957 

United State District Court in North Carolina 958 

Fourth Circuit Court of Appeals Judges (biographical sketches) 959 

United State District Court Judges (biographical sketches) 961 



PART VII 

Voters, Voting, and Election Returns 

CHAPTER ONE 

Voting in North Carolina 

Voter Registration 976 

The Electoral College 978 

Registration Statistics 982 

Primary Election, April 6, 1992 982 

General Election, October 5, 1992 984 

Primary Election, May 8, 1990 986 

General Election, November 6, 1990 988 

Primary Election, May 3, 1988 990 



General Election, November 8, 1988 992 

Election Districts 

Congressional Districts 994 

Senate Districts 995 

House Districts 996 

CHAPTER TWO 

Abstracts of Votes and Election Results 

Federal Government 

President of the United States 999 

Democratic Preference Primary Election, May 5, 1992 1000 

Republican Preference Primary Election, May 5, 1992 1002 

General Election, November 3, 1992 1004 

Democratic Preference Primary Election, March 8, 1988 1006 

Republican Preference Primary Election, March 8, 1988 1008 

General Election, November 8, 1988 1010 

United States Congress 1012 

United States Senate 

Republican Primary Election, May 5, 1992 1013 

General Election, November 3, 1992 1015 

Democratic Primary Election, May 8, 1990 1017 

Democratic Primary Election, June 5, 1990 1019 

Republican Primary Election, May 8, 1990 1020 

General Election, November 4, 1986 1021 

United States House of Representatives 

Primary Elections, May 5, 1992 1022 

General Elections, 1986-1992 1025 

Primary Elections, May 8, 1990 1029 

Primary Elections, May 3, 1988 1032 

General Elections, 1986-1990 1033 

North Carolina State Government 1037 

Governor 

Democratic Primary Election, May 5, 1992 1038 

Republican Primary Election, May 5, 1992 1039 

General Election, November 3, 1992 1041 

Democratic Primary Election, May 3, 1988 1043 

General Election, November 8, 1988 1045 

Lieutenant Governor 

Democratic Primary Elections, May 5, 1992 1046 

Republican Primary Elections, May 5, 1992 1047 

General Election, November 3, 1992 1049 

Primary Elections, May 3, 1988 1051 

General Election, November 8, 1988 1053 

Council of State 

Council of State Primary Elections, May 5, 1992 1054 

General Elections, November 3, 1992 1059 

Primary Elections, May 3, 1988 1062 



North Carolina State Government 

General Elections, November 8, 1988 1069 

Tabulation of Votes, Primary Elections of 1992 1073 

Tabulation of Votes, General Elections of 1992 1074 

PART VIII 

The 1990 Census 

CHAPTER ONE 

Census and Population Statistics 

Introduction 1079 

State Population Statistics 1081 

County Population Statistics 1082 

Population of Incorporated Places of less than 1,000 1084 

Population of Incorporated Places of 1,000-2,499 1090 

Population of Incorporated Places of 2,500-9,999 1093 

Population of Incorporated Places of 10,000 or more 1096 



North Carolina 

Its History 

And Symbol: 



Parti 



North Carolina Manual 




The Baptism of Virginia Dare 

William Steene (1888-1965) 



North Carolina: Its History And Symbols 



CHAPTER ONE 



Historical Miscellanea 



AN EARLY HISTORY OF NORTH CAROLINA 



The first known European 
exploration of North Carolina 
occurred during the summer of 
1524. A Florentine navigator named 
Giovanni da Verrazano, in the ser- 
vice of France, explored the coastal 
area of North Carolina between the 
Cape Fear River 
area and Kitty 
Hawk. A report 
of his findings 
was sent to 
Francis I, and 
published in 
Richard 
H a k 1 u y t ' s 
Divers Voyages 
touching the 
Discoverie of 
America. No 
attempt was 
made to colonize 
the area. 

Between 1540 and 1570 several 
Spanish explorers from the Florida 
Gulf region explored portions of 
North Carolina, but again no perma- 
nent settlements were established. 

Coastal North Carolina was the 
scene of the first attempt to colonize 
America by English-speaking people. 
Two colonies were begun in the 
1580's under a charter granted by 
Queen Elizabeth to Sir Walter 
Raleigh. The first colony, established 
in 1585 under the leadership of 
Ralph Lane, ended in failure. 

A second expedition under the 




leadership of John White began in 
the spring of 1587 when 110 settlers, 
including seventeen women and nine 
children, set sail for the new world. 
The White Colony arrived near 
Hatteras in June, 1587, and went on 
to Roanoke Island, where they found 

the houses 
built by Ralph 
Lane's expedi- 
tion still 
standing. Two 
significant 
events 
occurred short- 
ly after the 
colonist's 
arrival — two 
"friendly" 
Indians were 
baptized and 
a child was 
born. Virginia 
Dare, as the baby was named, 
became the first child born to 
English-speaking parents in the new 
world. The colonists faced many 
problems. As supplies ran short 
White was pressured to return to 
England for provisions. Once in 
England, White was unable to imme- 
diately return to Roanoke because of 
an impending attack by the Spanish 
Armada. When he was finally able to 
return in 1590, he found only the 
remnants of what was once a settle- 
ment. There were no signs of life, 
only the word "CROATAN" carved on 



2 North Carolina Manual 

a nearby tree. Much speculation has and Quarries, as well discovered as 

been made about the fate of the "Lost not discovered, of Gold, Silver, Gems, 

Colony," but no one has successfully and precious Stones, and all other, 

explained the disappearance of the whatsoever be it, of Stones, Metals, or 

colony and its settlers. any other thing whatsoever found or 

The first permanent English set- to be found within the Country, Isles, 

tiers in North Carolina were immi- and Limits ..." 

grants from the tidewater area of The territory was to be called 

southeastern Virginia. The first of Carolina in honor of Charles the 

these "overflow" settlers moved into First. In 1665, a second charter was 

the Albemarle area of northeast granted in order to clarify territorial 

North Carolina around 1650. questions not answered in the first 

In 1663, Charles II granted a charter. This charter extended the 

charter to eight English gentlemen boundary lines of Carolina to 

who had helped him regain the include: 

throne of England. The charter docu- "All that Province, Territory, or 

ment contains the following descrip- Tract of ground, situate, lying, and 

tion of the territory which the eight being within our Dominions of 

Lords Proprietors were granted title America aforesaid, extending North 

to: and Eastward as far as the North 

"All that Territory or tract of end of Carahtuke River or Gullet; 

ground, situate, lying, and being upon a straight Westerly line to 

within our Dominions in America, Wyonoake Creek, which lies within or 

extending from the North end of the about the degrees of thirty six and 

Island called Luck Island, which lies thirty Minutes, Northern latitude, 

in the Southern Virginia Seas and and so West in a direct line as far as 

within six and Thirty degrees of the the South Seas; and South and 

Northern Latitude, and to the West Westward as far as the degrees of 

as far as the South Seas; and so twenty nine, inclusive, northern lati- 

Southerly as far as the River Saint tude; and so West in a direct line as 

Mathias, which borders upon the far as the South Seas." 
Coast of Florida, and within one and Between 1663 and 1729, North 

Thirty degrees of Northern Latitude, Carolina was under the control of the 

and West in a direct line as far as the Lords Proprietors and their descen- 

South Seas aforesaid; Together with dants who commissioned colonial 

all and singular Ports, Harbours, officials and authorized the governor 

Bays, Rivers, Isles, and Islets belong- and his council to grant lands in the 

ing Into the Country aforesaid; And name of the Lords Proprietors. In 

also, all the Soil, Lands, Fields, 1669, John Locke wrote the 

Woods, Mountains, Farms, Lakes, Fundamental Constitutions as a 

Rivers, Bays, and Islets situate or model for the government of 

being within the Bounds or Limits Carolina. Albemarle County was 

aforesaid; with the Fishing of all divided into local governmental units 

sorts of Fish, Whales, Sturgeons, and called precincts. Initially there were 

all other Royal Fishes in the Sea, three precincts — Berkley, Carteret, 

Bays, Islets, and Rivers within the and Shaftesbury - but as the colony 

premises, and the Fish therein taken; expanded to the south and west, new 

And moreover, all Veins, Mines, 



North Carolina: Its History And Symbols 










North Carolina Manual 



precincts were created. By 1729, 
there were a total of eleven 
precincts — six in Albemarle County 
and five in Bath County which had 
been created in 1696. Although the 
Albemarle Region was the first per- 
manent settlement in the Carolina 
Area, another region was developed 
around present-day Charleston, 
South Carolina. Because of the nat- 
ural harbor and easier access to 
trade with the West Indies, more 
attention was given to developing the 
Charleston area than her northern 
counterparts. For a twenty-year 
period, 1692-1712, the colonies of 
North and South Carolina existed as 
one unit of government. Although 
North Carolina still had her own 
assembly and council, the governor 
of Carolina resided in Charleston 
and a deputy governor was appoint- 
ed for North Carolina. 

In 1729, seven of the Lords 
Proprietors sold their interest in 
North Carolina to the Crown and 
North Carolina became a royal 
colony. The eighth proprietor, Lord 
Granville, retained economic interest 
and continued granting land in the 
northern half of North Carolina. All 
political functions were under the 
supervision of the crown until 1775. 

Colonial government in North 
Carolina was essentially the same 
during both the proprietary and 
royal periods, the only major differ- 
ence being who appointed colonial 
officials. There were two primary 
units of government: the governor 
and his council, and the colonial 
assembly made up of persons elected 
by the qualified voters of the county. 
There were also colonial courts; how- 
ever, unlike today's courts, they were 
rarely involved in formulating policy. 
All colonial officials were appointed 
by either the Lords Proprietors prior 



to 1729, or by the crown afterwards. 
Members of the colonial assembly 
were elected from the various 
precincts (counties) and from certain 
towns which had been granted repre- 
sentation. The term "precinct" as a 
geographical unit ceased to exist 
after 1735. These areas became 
known as "counties" and about the 
same time "Albemarle County" and 
"Bath County" ceased to exist as gov- 
ernmental units. 

The governor was an appointed 
official, as were the colonial secre- 
tary, attorney general, surveyor gen- 
eral, and the receiver general. All 
officials served at the pleasure of the 
Lords Proprietors or the crown. 
During the proprietary period, the 
council was comprised of appointed 
persons who were to look after the 
proprietors' interests in the new 
world. The council served as an advi- 
sory group to the governor during 
the proprietary and royal periods, as 
well as serving as the upper house of 
the legislature when the assembly 
was in session. When vacancies 
occurred in colonial offices or on the 
council, the governor was authorized 
to carry out all mandates of the pro- 
prietors, and could make a tempo- 
rary appointment until the vacancy 
was filled by proprietary or royal 
commission. One member of the 
council was chosen as president of 
the group, and many council mem- 
bers were also colonial officials. If a 
governor or deputy governor was 
unable to carry on as chief executive 
because of illness, death, resignation, 
or absence from the colony, the presi- 
dent of the council became the chief 
executive and exercised all powers of 
the governor until the governor 
returned or a new governor was com- 
missioned. 

The colonial assembly was made 



North Carolina: Its History And Symbols 5 

up of men elected from each precinct for authority between the governor 
and town where representation had and his council on the one hand and 
been granted. Not all counties were the general assembly on the other, 
entitled to the same number of repre- Two of the most explosive issues 
sentatives. Many of the older coun- were the power of the purse and the 
ties had five representatives each electing of the treasurer, both privi- 
while those newer ones formed after leges of the assembly. Another issue 
1696 were each allowed only two. which raised itself was who had the 
Each town granted representation authority to create new counties. On 
was allowed one representative. The more than one occasion, elected rep- 
presiding officer of the colonial resentatives from counties created by 
assembly was called the speaker and the governor and council, without 
was elected from the entire member- consultation and proper legislative 
ship of the house. When a vacancy action by the lower house, were 
occurred, a new election was ordered refused seats until the matter was 
by the speaker to fill it. On the final resolved. These conflicts between the 
day of each session, the bills passed executive and legislative bodies were 
by the legislature were signed by to have a profound effect on the orga- 
both the speaker and the president of nization of state government after 
the council. Independence. 

The colonial assembly could not North Carolina, on April 12, 

meet arbitrarily, but rather con- 1776, authorized her delegates to the 

vened only when called into session Continental Congress to vote for 

by the governor. Being the only body independence. This was the first offi- 

authorized to grant a salary to the cial action by a Colony calling for 

governor or to be responsible for independence. The 83 delegates pre- 

spending tax monies, the legislature sent in Halifax at the Fourth 

met on a regular basis until just Provincial Congress unanimously 

before the Revolutionary War. adopted the Halifax Resolves, which 

However, there was a constant battle read as follows: 

The Select Committee, taking into Consideration the usurpations 
and violence attempted and committed by the King and Parliament of 
Britain against America, and the further Measures to be taken for 
frustrating the same, and for the better defense of this province report- 
ed as follows, to wit, 

"It appears to your Committee that pursuant to the Plan concerted 
by the British Ministry for subjugating America, the King and 
Parliament of Great Britain have usurped a Power over the Persons 
and Properties of the People unlimited and uncontrolled and disre- 
garding their humble Petitions for Peace, Liberty and safety, have 
made divers Legislative Acts, denouncing War Famine and every 
Species of Calamity daily employed in destroying the People and com- 
mitting the most horrid devastation on the Country. That Governors 
in different Colonies have declared Protection to Slaves who should 
imbrue their Hands in the Blood of their Masters. That the Ships 
belonging to America are declared prizes of War and many of them 
have been violently seized and confiscated in consequence of which 



North Carolina Manual 

multitudes of the people have been destroyed or from easy 
Circumstances reduced to the most Lamentable distress." 

"And whereas the moderation hitherto manifested by the United 
Colonies and their sincere desire to be reconciled to the mother 
Country on Constitutional Principles, have procured no mitigation of 
the aforesaid wrongs and usurpations and no hopes remain of obtain- 
ing redress by those Means alone which have been hitherto tried, Your 
Committee are of Opinion that the house should enter into the follow- 
ing Resolve, to wit, 

Resolved that the delegates for this Colony in the Continental 
Congress be empowered to concur with the other delegates of the other 
Colonies in declaring Independence, and forming foreign Alliances, 
resolving to this Colony the Sole, and Exclusive right of forming a 
Constitution and Laws for this Colony, and of appointing delegates 
from time to time (under the direction of a General Representation 
thereof to meet the delegates of the other Colonies for such purposes as 
shall be hereafter pointed out." 



The Halifax Resolves were not state to enter the Federal Union. In 
only important because they 1788, North Carolina had rejected 
were the first official action the Constitution because of the lack 
calling for independence, but also of necessary amendments to ensure 
because they were not a unilateral freedom of the people, 
recommendation. They were instead A Constitutional convention was 
recommendations directed to all the held in 1835 and among several 
colonies and their delegates assem- changes made in the Constitution 
bled at the Continental Congress in was the method of electing the gover- 
Philadelphia. Virginia followed with nor. After this change, the governor 
her own recommendations soon after was elected by the people for a term 
the adoption of the Halifax of two years instead of being elected 
Resolution and eventually on July 4, by the legislature for one year, 
the final draft of the Declaration of Edward Bishop Dudley was the first 
Independence was signed. William governor elected by the people. 
Hooper, Joseph Hewes, and John In 1868, a second constitution 
Penn were the delegates from North which drastically altered North 
Carolina who signed the Declaration Carolina Government was adopted, 
of Independence. For the first time, all major state 
In early December, 1776, dele- officers were elected by the people, 
gates to the Fifth Provincial The governor and other executive 
Congress adopted the first constitu- officers were elected to four-year 
tion for North Carolina. On terms; while the justices of the 
December 21, 1776, Richard Caswell supreme court and judges of the 
became the first governor of North superior court were elected to eight- 
Carolina under the new constitution, year terms. The members of the 
On November 21, 1789, the state General Assembly continued to be 
adopted the United States elected for two-year terms. Between 
Constitution, becoming the twelfth 1868 and 1970 numerous amendments 



North Carolina: Its History And Symbols 7 

orth Carolina Signers of the 



Declaration of Independence 





Joseph Hewes 



William Hooper 




John Penn 



8 



North Carolina Manual 




Led by Mrs. Penelope Barker, wife of Thomas Barker who served as agent for 
North Carolina in London, 51 ladies of Edenton gathered on October 25, 
1774, to show their support for the colony's opposition to the tea tax. These 
courageous women wore no disguises as had the participants in the Boston 
Tea Party some ten months earlier, but rather openly declared their patrio- 
tism by signing an agreement to support whatever the men of the colony were 
doing for the peace and happiness of their country. This action was one of the 
earliest known political efforts by women in America. The above caricature 
was published in the London newspapers along with an account of the event. 



North Carolina: Its History And Symbols 9 

were incorporated into the 1868 con- building was destroyed by fire 
stitution, so that in 1970, the people February 27, 1798. The first capitol 
voted to adopt a completely new con- in Raleigh was completed in 1794 
stitution. Since then, several amend- and was destroyed by fire on June 
ments have been ratified but one in 21, 1831. The present capitol build- 
particular is a break from the past, ing was completed in 1840. 
In 1977, the people voted to allow the In 1790, North Carolina ceded 
governor and lieutenant governor to her western lands which included 
run for reelection successively for an Washington, Davidson, Hawkins, 
additional term. Greene, Sullivan, Sumner, and 
North Carolina has had two per- Tennessee counties, to the Federal 
manent capitals, New Bern and government. Between 1790 and 1796 
Raleigh, and there have been three the territory was known as 
capitol buildings. Tryon Palace in Tennessee Territory, but in 1796 it 
New Bern was constructed in the became simply Tennessee, the fif- 
period 1767-1770, and the main teenth state in the Union. 



10 



North Carolina Manual 




The North Carolina State Capitol Building 



North Carolina: Its History And Symbols n 

THE STATE CAPITOL BUILDING 



The North Carolina State Alexander Jackson Davis. Town and 
Capitol is one of the finest and Davis greatly improved upon the ear- 
best preserved examples of a lier design, and developed a plan 
major civic building in the Greek which gave the Capitol its present 
Revival style of architecture. appearance. 

Prior to 1792, North Carolina leg- David Paton (1802-1882), an 
islators met in various towns through- architect born in Edinburgh, 
out the state, gathering most frequent- Scotland and who had worked for the 
ly in Halifax, Hillsborough, and New noted English architect Sir John 
Bern. Meetings were held in local Soane, was hired in September, 
plantation houses, court houses, and 1834, to superintend the construe- 
even churches. However, when the tion of the Capitol. Paton replaced 
City of Raleigh was established as the Town and Davis as the 
permanent seat of the Government of Commissioners' architect in early 
North Carolina in 1792, a simple, two- 1835. The Capitol was completed 
story brick State House was built on under Paton's supervision except for 
Union Square. The State House was the exterior stone walls which were 
completed in 1796. largely in place when he arrived in 

The State House was enlarged Raleigh, 

between 1820 and 1824 by state Paton made several modifica- 

architect William Nichols who added tions to the Town and Davis plans 

a third floor, eastern and western for the interior. Among the changes 

wings, and a domed rotunda at the were the cantilevered gallery at the 

building's center. The rotunda second floor level of the rotunda, the 

housed a statue of President George groined masonry vaulting of the first 

Washington by sculptor Antonio floor offices and corridor ceilings, and 

Canova, acquired by the state in the interior arrangement of the east 

1821. When the State House burned and west porticoes, 

down on June 21, 1831, the statue After clearing away the rubbish 

was damaged beyond repair. of the old State House, excavations 

The General Assembly of 1832- were made and a new foundation 
33 ordered that a new Capitol be was laid. The cornerstone was set in 
built as an enlarged version of the place on July 4, 1833. After the ini- 
old State House. The new Capitol tial foundation was laid, work pro- 
would be a cross shaped building gressed slowly and the original 
with a central, domed rotunda. The appropriation was soon exhausted, 
sum of $50,000 was appropriated, At the next session of the 
and a building commission appointed Legislature, an additional appropria- 
te initiate the plan. The commission- tion of $75,000 was made to continue 
ers for rebuilding the Capitol first construction. Many skilled immi- 
employed William Nichols, Jr. to grant Scottish artisans came to 
help them prepare plans for the Raleigh and were involved in this 
building. In August of 1833, Nichols phase of construction, 
was replaced by the distinguished Most of the Capitol's architectur- 
New York architects Ithiel Town and al details, including the columns, 



12 North Carolina Manual 

mouldings, ornamental plasterwork, Temple of Minerva, commonly called 

and ornamental honeysuckle atop the Parthenon, which was erected in 

the dome, were carefully patterned Athens about 500 years before Christ. 

after features of Greek temples: the An octagon tower surrounds the 

exterior columns are Doric in order rotunda, which is ornamented with 

and are modeled after those of the Grecian cornices, etc., and its dome is 

Parthenon; the chamber of the House decorated at top with a similar orna- 

of Representatives follows the semi- ment to that of the Choragic 

circular plan of a Greek amphithe- Monument of Lysicrates, commonly 

atre and its architectural ornamen- called the Lanthorn of Demosthenes. 
tation is in the Corinthian order of The interior of the Capitol is 

the Tower of the Winds; and the divided into three stories: First, the 

Senate Chamber is decorated in the lower story, consisting of ten rooms, 

Ionic order of the Erechtheum. The eight of which are appropriated as 

only non-classical parts of the build- offices to the Governor, Secretary, 

ing are two large rooms on the third Treasurer, and Comptroller, each 

floor which were finished in the having two rooms of the same size — 

Gothic style that was just beginning the one containing an area of 649 

its popularity in American architec- square feet and four closets, the other 

tural circles. 528 square feet - two committee 

The ornamental ironwork, plas- rooms, each containing 200 square 

terwork, chandeliers, hardware, and feet and four closets: also the rotun- 

marble mantels of the Capitol came da, corridors, vestibules, and piazzas, 

from Philadelphia. The desks and contain an area of 4,370 square feet. 

chairs in the House and Senate The vestibules are decorated with 

Chambers were made by Raleigh columns and antae, similar to those 

cabinetmaker, William Thompson. of the Ionic Temple on the Ilissus, 

The Capitol was completed in near the Acropolis of Athens. The 

1840 at a total cost (including fur- remainder is groined with stone and 

nishings of $532,682.34, or more brick, springing from columns and 

than three times the yearly general pilasters of the Roman Doric. 
revenues of the State at that time. The second story consists of 

Architect David Paton gave the Senatorial and Representatives' 

following description of the new edifice: chambers, the former containing an 

area of 2,545 and the latter 2,849 

"The State Capitol is 160 feet in square feet. Four apartments enter 
length from north to south by 140 feet from the Senate Chamber, two of 
from east to west. The whole height is which contain each an area of 169 
971 12 feet in the center. The apex of square feet, and the other two contain 
pediment is 64 feet in height. The sty- each an area of 154 square feet; also, 
lobate is 18 feet in height. The two rooms enter from the 
columns of the east and west porti- Representatives' chamber, each con- 
coes are 5 feet 21/2 inches in diame- taining an area of 170 square feet; of 
ter. An entablature, including block- two committee rooms, each contain- 
ing course, is continued around the ing an area of 231 square feet; of four 
building 12 feet high. presses and the passages, stairs, lob- 

The columns and entablature are bies, and colonnades, containing an 

Grecian Doric, and copied from the area of 3,204 square feet. 



North Carolina: Its History And Symbols 13 

The lobbies and Hall of Graham, and Samuel Johnston - and 

Representatives have their columns United States Senator Matthew W. 

and antae of the Octagon Tower of Ransom. 

Andronicus Cyrrhestes and the plan Stairways in the east and west 

of the hall is of the formation of the porticoes give access to the second 

Greek theatre and the columns and floor where the Senate and House 

antae in the Senatorial chamber and Chambers and related offices are 

rotunda are of the Temple of located. Rooms in the east and west 

Erectheus, Minerva, Polias, and wings, originally designated as leg- 

Pandrosus, in the Acropolis of islative committee rooms, now serve 

Athens, near the above named other purposes. On the third floor 

Parthenon. are the galleries of the Senate and 

The third, or attic story, consists House Chambers, and in the east 

of rooms appropriated to the and west wings are the original State 

Supreme Court and Library, each Supreme Court Chamber and State 

containing an area of 693 square feet. Library Room. Both are decorated in 

Galleries of both houses have an area the Gothic Style. The domed, top-lit 

of 1,300 square feet; also two apart- vestibules of these two rooms are 

ments entering from Senate gallery, especially noteworthy and based on 

each 169 square feet; of four presses designs by Soane. 

and the lobbies' stairs, 988 square The Capitol housed all of state 

feet. These lobbies as well as rotunda government until the late 1880's. 

are lit with cupolas, and it is pro- Today the only official occupants of 

posed to finish the court and library the Capitol are the Governor and the 

in the florid Gothic style." Lieutenant Governor, and the 

Secretary of State. The Supreme 

In 1970 the State acquired a Court moved to its own building in 
duplicate of the original marble stat- 1888 and in 1963, the General 
ue of Washington by Canova which is Assembly moved into the newly con- 
located in the rotunda of the Capitol, structed Legislative Building. This 
In niches around the rotunda are busts was the first building erected by the 
of three North Carolina governors State exclusively for use by the 
John M. Morehead, William A. General Assembly. 



The Capitol Today 

The Capitol Building has changed less in appearance than any major 
American civic building of its era. The stonework, the ornamental plaster 
and ironwork, the furniture of the legislative chambers, and all but one of 
the marble mantels that visitors see today are original, not restorations or 
reproductions. Yet, continuous and heavy use since 1840 has left its mark on 
the building, and to cope with this wear and tear, the Capitol receives periodic 
attention. Rehabilitation work began in 1971 with the intention of preserving 
and enhancing the architectural splendor and decorative beauty of the 
Capitol for future generations. Work done included replacing the leaky copper 
roof, cleaning and sealing the exterior stone, and repainting the rotunda. 
More recently, plasterwork damaged by roof leaks was repaired, obsolete 



14 North Carolina Manual 

wiring and plumbing replaced, the heating and cooling systems in the upper 
floors were reworked to make them less conspicuous, worn carpets and 
draperies were replaced, and the rest of the interior was repainted. 

As our Nation celebrated its Bicentennial in 1976, our State Capitol was 
enjoying a celebration of its own. Several years of renovation work to the old 
Senate and House chambers and the executive offices on the first floor were 
completed and the Capitol was once again ready to receive occupants. 
Governor James B. Hunt, Jr. and some of his staff moved back in, as did 
long-time resident Secretary of State Thad Eure. Mr. Eure served in the 
Capitol longer than anyone in its history - 60 years as of his retirement in 
early 1989. The executives occupying the Capitol at present are Governor 
James B. Hunt, Lieutenant Governor Dennis Wicker, as well as Secretary of 
State Rufus L. Edmisten, who maintains a ceremonial office on the second 
floor. 

During late 1988 and early 1989 extensive landscape and grounds reno- 
vations were begun to enhance the beauty of the Capitol and to improve its 
visibility. In an effort to make the Capitol more accessible to the people of 
North Carolina, the building has been opened to the public on weekends with 
guided tours available. 

The Legislative Building 

In 1959, the General Assembly appropriated funds for the construction of 
a new legislative building. The new facility was needed to accommodate a 
growing Legislative Branch and to provide larger quarters for legislators and 
staff. The act creating the building commission was passed on June 12, 1959. 
The Commission was made up of seven people - two who had served in the 
State Senate to be appointed by the President of the Senate, two who had 
served in the State House of Representatives to be appointed by the Speaker 
of the House, and three appointed by the Governor. Lieutenant Governor 
Luther E. Barnhardt, President of the Senate, appointed Archie K. Davis and 
Robert F. Morgan. Speaker of the House Addison Hewlett appointed B.I. 
Satterfield and Thomas J. White. Governor Luther Hodges appointed A.E. 
Finley, Edwin Gill, and Oliver Rowe. White was elected to serve as 
Chairman of the Commission and Morgan was elected Vice-Chairman. In 
addition to the appointed members, Paul A. Johnston, Director of the 
Department of Administration, was elected to serve as Executive Secretary. 
When Mr. Johnston resigned, State Property Officer Frank B. Turner was 
selected to replace him. 

Edward Durell Stone of New York and John S. Holloway and Ralph B. 
Reeves, Jr. of Raleigh were selected by the Commission to serve as architec- 
tural consultants. 

After a thorough study by the Commission, the site selected for construc- 
tion was a 51/2-acre area one block north of the Capitol. This site, encom- 
passing two blocks, is bounded by- Jones, Salisbury, Lane and Wilmington 
Streets. A section of Halifax Street between Jones and Lane was closed and 
made a part of the new site. Bids on the new building were received in 
December, 1960, and construction began in early 1961. 



North Carolina: Its History And Symbols 



15 




The North Carolina Legislative Building 



16 North Carolina Manual 

The 1961 General Assembly appropriated an additional one million dol- 
lars for furnishings and equipment bringing the total appropriation to $5.5 
million, or $1.24 for each citizen of North Carolina based on 1960 census fig- 
ures. 

The consulting architects wrote the following description of the new 
building: 

The State Legislative Building, though not an imitation of his- 
toric classical styles, is classical in character. Rising from a 340-foot 
wide podium of North Carolina granite, the building proper is 242 
feet square. The walls and the columns are of Vermont marble, the 
latter forming a colonnade encompassing the building and reaching 
24 feet from the podium to the roof of the second floor. 

Inset in the south podium floor, at the main entrance, is a 28 foot 
diameter terrazzo mosaic of the Great Seal of the State. From the first 
floor main entrance (on Jones Street) the carpeted 22-foot wide main 
stair extends directly to the third floor and the public galleries of the 
Senate and House, the auditorium, the display area, and the roof gar- 
dens. 

The four garden courts are located at the corners of the building. 
These courts contain tropical plants, and three have pools, fountains, 
and hanging planters. The main floor areas of the courts are located 
on the first floor, and galleries overlook the courts from the mezzanine 
floor. The skylights which provide natural lighting are located within 
the roof gardens overhead. The courts provide access to committee 
rooms in the first floor, the legislative chambers in the second floor, 
and to members' offices in both floors. 

The Senate and House chambers, each 5,180 square feet in area, 
occupy the east and west wings of the second floor. Following the tra- 
ditional relationship of the two chambers in the Capitol, the two 
spaces are divided by the rotunda; and when the main brass doors are 
open, the two presiding officers face one another. Each pair of brass 
doors weighs 1,500 pounds. 

The five pyramidal roofs covering the Senate and House cham- 
bers, the auditorium, the main stair, and the rotunda are sheathed 
with copper, as is the Capitol. The pyramidal shape of the roofs are 
visible in the pointed ceilings inside. The structural ribs form a cof- 
fered ceiling; and inside the coffered patterns are concentric patterns 
outlined in gold. In each chamber, the distance from the floor to the 
peak of the ceiling is 45 feet. 

Chandeliers in the chambers and the main stair are 8 feet in 
diameter and weigh 625 pounds each. The 12 foot diameter chande- 
lier of the rotunda, like the others, is of brass, but its weight is 750 
pounds. 

Because of the interior climate, the garden courts and rotunda 
have tropical plants and trees. Outside, however, the shrubs and trees 
are of an indigenous type. Among the trees on the grounds and on the 



North Carolina: Its History And Symbols 17 

roof areas are sugar maples, dogwoods, crabapples, magnolias, crepe 
myrtles, and pines. 

Throughout the building, the same color scheme is maintained: 
Walnut, accented with white, gold and red, and green foliage. In gen- 
eral, all wood is American walnut, metal is brass or similar material, 
carpets are red, and upholstery is gold or black. 

The enclosed area consists of 206,000 square feet of floor area with 
a volume of 3,210,000 cubic feet. Heating equipment provides over 
7,000,000 B.T.U.s per hour; and the cooling equipment has a capacity 
of 620 tons. For lighting, motors, and other electrical equipment, the 
building has a connected service load of over 2,000,000 watts. 

In the past decade additional renovations have been completed to create 
more office space and improve on meeting room facilities needed for the vari- 
ous committees of the General Assembly. In 1982, the Legislative Office 
Building opened and while the first occupants were the Department of the 
Secretary of State on the third floor and the State Auditor on the second, the 
majority of the space currently is used by the legislature. Nearly half of the 
members of each house moved to new offices in the building as well as sever- 
al of the support divisions of Legislative Services. 



18 North Carolina Manual 

THE EXECUTIVE RESIDENCES 
OF NORTH CAROLINA 



North Carolina's first legisla- corner of Fayetteville and Hargett 

tors were traveling men. streets. The house proved hopelessly 

With no "fixed seat of govern- inadequate by 1810, as evinced in a 

ment" after 1775, early members of letter from Governor Benjamin 

the General Assembly traveled from Smith: 

plantation to plantation and town to ...But we shall have time to 
town until 1792 when a capital retrace our steps for the House allot- 
(Raleigh) was planned and laid out ted by the State for the Chief 
in the "woods of Wake." They named Magistrate is in such order that it is 
the new city in honor of the agreed by all who view it, not to be fit 
Elizabethan patron of early coloniza- for the family of a decent tradesman, 
tion, Sir Walter Raleigh. Shortly and certainly none could be satisfied; 
thereafter, the legislature enacted a even if safe in it, but this is question- 
law requiring the governor to reside able. The late storm has thrown off a 
at the permanent seat of govern- considerable part of one of the chim- 
ment. Samuel Ashe of New Hanover neys and cracked some of the remain- 
County, elected in 1794, was the first der. The plaster is frequently falling, 
Governor to come under this law. He and the roof is so leaky that in going 
expressed his reaction emphatically: from the sitting rooms to the cham- 
"...it was never supposed that a Man bers during a rain a wetting is expe- 
annually elected to the Chief rienced. 

Magistracy would commit such folly To remedy this situation, the 

as to attempt the building of a House General Assembly of 1813 appointed 

at the seat of Government in which a committee to provide better facili- 

he might for a time reside." The ties and plans were drawn for the 

Committee of the General Assembly erection of a more suitable dwelling, 

to which Ashe's letter was referred The members selected a site at the 

hastened to inform him that the law foot of Fayetteville Street facing the 

was enacted before he was elected old State house. In 1816, an elabo- 

governor and could be considered "as rate brick structure with white 

a condition under the encumbrance columned porticoes was completed 

of which he accepted the appoint- and Governor William Miller became 

ment." the first occupant of the "Governor's 

Despite its pointed pronounce- Palace." 
ment, the General Assembly took Twenty succeeding governors 

steps to provide a dwelling for chief resided in the "Palace", as it was cyn- 

executives, instructing the state ically termed, and much of the histo- 

treasurer to purchase or lease a suit- ry of the state centered there, 

able house. In 1797, a plain two- General Lafayette was an overnight 

story frame building painted white guest in 1825, and some sessions of 

and an office for the governor were the General Assembly were held in 

provided on lot 131, the southwest the building following the burning of 



North Carolina: Its History And Symbols 19 

the State House in 1831. Zebulon Palace. Despite spirited debates, the 

Baird Vance was the last governor to commission did agree that without a 

occupy the Palace at the close of the special appropriation a new house 

Civil War. could be built through the sale of the 

General William T. Sherman and Palace and other state property, 
his staff were quartered in the Palace However, because of the general lack 
during the spring of 1865. Although of unanimity, the commission merely 
as unwelcome guests they may have reported its accomplishments and 
injured the pride of local citizens, awaited further legislative orders, 
occupying forces caused only minor The decision to build the present 
damage. Years of neglect, however, Executive Mansion was finally 
had made the Palace unattractive to approved by the General Assembly 
governors and their families. During through the efforts and perseverance 
the Reconstruction period and until of Governor Thomas J. Jarvis (1879- 
the completion of the present 1885). A bill ratified in February 
Mansion in 1891, successive chief 1883, authorized the construction of 
executives resided in Raleigh, living a house on Burke Square, provided 
in rented houses, or hotel rooms, or - some furnishings, and required the 
during two administrations — in their Governor to occupy it upon its corn- 
own homes. From 1871 to 1891, a pletion. The Governor and the 
noted Raleigh hotel, the Yarborough Council of State were directed to use 
House, served as the unofficial resi- convict labor and such materials as 
dence for several governors. were "manufactured or prepared, 

Governor Vance, the last gover- either in whole or in part" at the pen- 
nor to have occupied the Palace, was itentiary, when such a procedure 
reelected to office in 1877. In 1879, seemed feasible. Governor Jarvis felt 
he presented the report of a commis- there might be some differences of 
sion appointed two years earlier by interpretation of the statement. He 
the General Assembly to investigate reasoned that with the recent com- 
the possibilities of providing a suit- pletion of the state penitentiary a 
able residence for North Carolina's saving could be realized through the 
governors. The commission was also purchase of large quantities of build- 
charged with the task of selling ing materials and the employment of 
unused state lands in, and adjacent convict labor in the construction of 
to, the city of Raleigh. Proceeds from the Mansion. From a practical stand- 
the sales were earmarked for the point, Jarvis thought the state would 
construction of a house and outbuild- profit by having both of the projects 
ings suitable for the governor. under the same management. 

Opinions varied concerning the Experienced businessmen advised 

proposed project. In the matter of that such a plan might save the state 

location, several members thought it up to $20,000. 

advantageous to build the Mansion The penitentiary board, realizing 

on a lot adjacent to the Capitol but the law required it to furnish the 

were convinced the commission did major portion of labor and materials 

not have the authority to do so. for the Executive Mansion, autho- 

Others favored building an executive rized the warden to make a contract 

mansion on Burke Square, while the for $25,000. The Council of State 

majority wanted to renovate the old accepted this arrangement. Two 



20 



North Carolina Manual 



months after passage of the bill, the 
Council of State met with the gover- 
nor to discuss financing the project. 
The governor was to use money from 
an earlier (1877) sale of state lands, 
to sell the old Palace and grounds, 
and to employ an architect to draft 
sketches and specifications for the 
council's consideration. Expenditures 
were not to exceed the funds avail- 
able and money spent by the gover- 
nor and council was to be placed in 
an itemized account under the strict 
supervision of the auditor. 

Nominees for an architect were 
then considered. The superintendent 
of construction for the State Capitol, 
David Paton, was suggested, but 
because of the architect's advanced 
age, he was passed over for the 
assignment. The council selected 
Samuel Sloan of Philadelphia and 
his assistant, Gustavus Adolphus 
Bauer and received Sloan's designs 
from him personally when he arrived 
in Raleigh on April 28, 1883. These 
were declared "very artistic," repre- 
senting an ornate building, in mod- 
ern style, three stories in height, 
with the ample porches, hallways 
and windows which every house built 
in this climate should have." On May 
7, the Sloan designs were accepted 
with minor modifications suggested 
by some of Raleigh's "able builders." 

During the early stages of con- 
struction, a report issued by the offi- 
cers of the penitentiary board, in 
mid-1884, declared the building 
"handsome in design, constructed of 
the best material by the best work- 
ers." Employment of convict labor on 
state projects was not a new idea. 
Working on the Mansion must have 
seemed pleasurable compared to the 
back-breaking repair work on the 
state-owned railroad. Masons used 
pressed brick made at the prison for 



the construction of the Mansion and 
later for the walks surrounding it. At 
the end of each day, each crew leader 
at the brickyard signed his name or 
initialed his stacks of brick to indi- 
cate the number his crew had made. 
The exterior of the Mansion was 
trimmed with North Carolina sand- 
stone. Prison officials expressed sat- 
isfaction with the artistry and conve- 
nience of the interior of the house 
and wished to enhance it further by 
using "an elaborate North Carolina 
hardwood finish." A second progress 
report issued by Governor Jarvis in 
1885, stated that stone for the resi- 
dence was quarried in Anson County. 
The governor also favored the use of 
native hardwoods in the ceiling, 
wainscoting, and woodwork of the 
first floor. 

As soon as the Mansion was 
reported complete, the Council of 
State met. The attorney general 
announced that the Board of Public 
Buildings and Grounds would super- 
vise upkeep of the property under 
the direction of the keeper of the 
Capitol. In November 1889, before 
the Mansion was occupied, repair 
and preservation work had already 
begun with "certain exterior and 
interior painting" of the woodwork. 
Most of the accounts emphasize the 
deplorable condition of the completed 
house, including cheap plumbing and 
dirt used as soundproofing beneath 
floors. The third floor and the base- 
ment had been left unfinished. On 
the Mansion grounds were stables 
for "horses driven to the governor's 
carriage" and other dependencies. 
Drinking water was pumped by a 
small gasoline engine from two cis- 
terns in the basement to a tank 
located on the third floor. 

By December 1890 the Mansion 
was nearly finished, but Governor 



North Carolina: Its History And Symbols 



21 




The North Carolina Governor's Mansion 



22 



North Carolina Manual 



Daniel Fowle (1889-1891) did not 
move in until early January 1891. 
He was particularly anxious to occu- 
py the house in view of earlier 
attempts to abandon it as a residence 
for the governor. Fowle brought his 
own furniture to make up the deficit 
in the Mansion, setting a precedent 
followed for many years before the 
house was adequately furnished. 
Moving from a sixteen-room house to 
one with more than thirty rooms 
made furnishing the residence a siz- 
able problem. 

The earliest laws providing for 
construction of a governor's resi- 
dence called for the purchase of fur- 
nishings. As the costs of construction 
mounted, only a small portion of the 
funds set aside for furniture 
remained. Some purchases were 
made by Governor and Mrs. Jarvis 
as early as 1883, and Governor 
Scales reported in 1887 that he had 
obtained some furniture from the old 
Palace. Further purchases were 
made with an appropriation of 
$1,500 in 1891. To avoid confusion 
over ownership of the Mansion fur- 
nishings, Fowle methodically filed a 
list of his personal belongings with 
the state treasurer. Governor Fowle's 
term of office was cut short by his 
sudden death on April 7, 1891, only 
three months after he had moved 
into the Mansion. His term was filled 
by his successor, Lieutenant- 
Governor Thomas Holt. 

Elias Carr was the first gover- 
nor to live in the Mansion for a full 
four-year term (1893-1897). Like 
his predecessors, he found the 
house in need of furnishings and 
repairs. Funds were allocated by 
the legislature in February 1893 
for the completion of the Mansion 
and interior improvements. Two 
years later, another appropriation 



made landscaping the grounds pos- 
sible. 

Shortly after the inauguration of 
Governor Daniel Russell (1897- 
1901), the General Assembly 
appointed a committee to examine 
the Mansion and recommend needed 
alterations. The committee found 
that minor repairs were needed and 
promptly introduced a resolution to 
provide the necessary money. In 
March 1897 an appropriation of $600 
was allotted for the Mansion's 
upkeep. 

At the close of the nineteenth 
century, a permanent residence for 
the state's chief executives more 
commodious than its predecessors 
had at last been established in the 
capital. While the Mansion reflected 
the progressive vitality and spirit of 
North Carolina and its people, it 
needed constant upgrading and 
maintenance to keep it in step with 
the times - an evolutionary process 
which continued into the next centu- 
ry- 

With the dawn of a new century, 
North Carolina's governors moved 
the state forward with progressive 
new programs designed to benefit a 
society which remained predomi- 
nantly agricultural of primary 
importance was, upgrading the edu- 
cational system and the establish- 
ment of industries bringing new jobs 
and added revenues to the state. The 
administrations of Governors 
Aycock, Glenn, Kitchin, and Craig 
emphasized these aims. During their 
terms, the Executive Mansion con- 
tinued to serve as the center of Tar 
Heel hospitality. The need for major 
repairs to the residence, however, 
became more evident as years 
passed. 

As frequently seemed the case 
with new governors, Thomas 



North Carolina: Its History And Symbols 23 

Bickett's term (1917-1921) began Everett suggested a sum of $50,000 
with an inspection of the Mansion for repairs and new furnishings, 
and recommendations for improve- Although this action was taken with- 
ment. The superintendent of build- out McLean's knowledge, upon learn- 
ings and grounds made a detailed ing of it, he soon became active in 
report, and Mrs. Bickett submitted seeking the appropriation. Thus, 
suggestions for interior renovations Everett and Governor McLean must 
by architect James A. Salter, with be credited not only with saving the 
his estimates of cost. Her plea result- Mansion but also with making it, for 
ed in the introduction of a bill which the first time, a house in keeping 
requested $65,000 for repairs and with the dignity of the governor and 
renovations. This optimistic bill his office. 

failed to pass the General Assembly The State Board of Health, 

and a substitute measure was enact- required to inspect all state institu- 

ed in March 1917 allowing $4,000 "to tions for sanitation, inspected the 

renovate, equip and properly, furnish Mansion in February 1925, shortly 

the Governor's Mansion and improve after McLean's inauguration. The 

the surrounding grounds." The 1919 inspection report was startling, 

legislature appropriated another Rated on the same basis as hotels, 

$4,000 far continued refurbishment, the Mansion received "the very low 

During the 1920 renovation, the sec- rating of 71." The report added that 

ond floor ballroom, which had been the management of a hotel receiving 

used to house overnight groups of up such a rating would be subject to 

to sixty soldiers during World War I, indictment. The principal deductions 

was divided by walls to form bed- in scoring were for uncleanliness. 

rooms, baths, closets, and a private Dust pervaded the atmosphere - 

corridor to connect several of the covering the woodwork, filming the 

family bedrooms. Some additions to furniture, and stifling the air. 

the furnishings were made. Mrs. Governor Fowle's contemporaries 

Bickett purchased dining room furni- had described clouds of dust follow- 

ture and a four-poster bed for the ing in the walker's footsteps. From 

guest room at the top of the Grand his time until the revealing inspec- 

Staircase - the room where President tion, little had been done to alleviate 

Harry S. Truman was to sleep in the condition. The basement, extend- 

1948. ing beneath the entire house, had a 

As preparations were made for dirt floor with the exception of two 

Governor Angus W. McLean's resi- small rooms floored with decaying 

dence in the Mansion (1925-1929), wood. This deficiency allowed dirt to 

the previous renovations were con- filter up through the unclosed regis- 

sidered inadequate. Sentiment for ters of an earlier heating system, 

removing the house and landscaping The hot water heater room and its 

Burke Square as a public park was entrance were paved with worn, 

once again aroused. Secretary of irregular bricks which, without proper 

State W. N. Everett halted the move- drainage, weakened the foundations 

ment. He had made his own exami- of the Mansion. 

nation and reported that major The first floor walls and floors 

repairs were needed to provide the were unsound and the ornate plas- 

governor with a comfortable dwelling, terwork was disintegrating in some 



24 North Carolina Manual 

areas. From the small, poorly Nash was employed to carry out the 
equipped, and inadequately ventilat- renovations. H. Pier-Giavina, a "dec- 
ed kitchen area, cooking odors and orative artist" of Wilmington, N.C., 
greasy smoke were released into aided in the interior decoration. He 
adjoining rooms, causing frequent recommended ivory, or some other 
embarrassment to the state's first light color, for the first floor wood- 
family, work. Pier-Giavina ordered round 
The upstairs floors, with boards rosettes to cover openings in the 
five and six inches in width, of walls. In some instances, workers 
uneven and poor material, had half- removed as many as seven layers of 
inch cracks between them. Plumbers wallpaper in order to carry out the 
and steamfitters had removed these new scheme. For added safety, con- 
boards during earlier repairs, not tractors enclosed the plumbing and 
bothering to nail them down. They electrical wiring of the kitchen with- 
would spring and creak when walked in the walls. 

on and were practically impossible to Elizabeth Thompson, a local inte- 
keep clean. In the governor's room, rior decorator, aided in the refurbish- 
the carpet was nearly worn through ment with additional suggestions by 
because of the uneven surface of the Mrs. McLean. Workers bundled up 
floor. The bathrooms with linoleum and shipped off discarded rugs to be 
flooring, papered walls, antique rewoven; old furniture to be reuphol- 
plumbing, and inaccessible corners stered; and purchased new carpets 
were equally impossible to clean. The and draperies out of the annual 
third or attic floor remained unfin- appropriation for the upkeep of the 
ished. Dust from large piles of rub- Mansion. Governor McLean also 
bish and lime mortar sifted through found money to finish a part of the 
ceiling light fixtures and wire open- third floor as servants' quarters. In 
ings into the bedrooms and baths addition, workers installed a cloak 
below. room for women on the first floor and 
Consultants suggested obvious added a gentlemen's cloak room, a 
remedies: a concrete floor, drains, servant's room, and offices for the 
and ceiling for the basement; paint- governor in the basement, 
ing the ceilings and walls of the Written expressions recognized 
kitchen and butler's pantry; enlarge- the greatly increased value of the 
ment of the kitchen with new floors Mansion. In July 1926, a letter to 
and proper equipment, including a Insurance Commissioner Stacy Wade 
ventilator and smoke hood for the from Governor McLean stated that 
stove; refinishing floors or laying the $80,000 evaluation of the house 
new floors; closing old heat registers was inadequate and that the 
and openings in the walls; tiling and Mansion could not be replaced for 
wainscoting bathrooms and installa- less than $200,000. The house had 
tion of modern plumbing and electri- been constructed of the finest materi- 
cal fixtures; properly sealing lighting als and the interior, within the past 
fixture openings in ceilings; and cov- year, had been completely renovated, 
ering floors with an inexpensive but A newspaper account, lauding 
serviceable material. Governor McLean's accomplish- 
When money became available, ments, claimed that renovating a 
the architectural firm of Atwood and building considered eligible for 



North Carolina: Its History And Symbols 25 

demolition had saved the state more the White House, had been employed 
than a third of a million dollars. as consultant to the Fine Arts 
The renovation undertaken by Committee. In November 1965, Mrs. 
Governor McLean was not fully com- Pearce conducted the committee on a 
pleted during his term of office, detailed tour of the Mansion and 
Governor-elect 0. Max Gardner made specific suggestions for each 
(1929-1933) asked the Board of room. Following a suggestion of Mrs. 
Public Buildings and Grounds to con- Pearce, Mrs. Moore and the 
fer with the McLeans to determine Executive Mansion Fine Arts 
the Mansion's needs and the General Committee sponsored a tea in June 
Assembly established a "Special 1966, to solicit funds for Mansion 
Furniture and Equipment Account furnishings. Guests received 
Available for [the] Incoming brochures listing fine antique and 
Governor." At the beginning of the reproduction furniture, rugs, and 
Gardner administration, the General accessories suggested for purchase 
Assembly authorized the State through donations. In 1967 the 
Highway Commission to build and General Assembly officially created 
maintain walkways and drives the Executive Mansion Fine Arts 
"within the Mansion Square." Commission (EMFAC) thus perpetu- 
Included in this project was a plan ating the program of the first com- 
for the landscaping of the Mansion mittee. Six years later (1973), the 
grounds. The state contracted a General Assembly returned the corn- 
prominent Philadelphia landscape mission to its original committee 
architect, Thomas W. Sears, for the form. 

work. At Mrs. Gardner's suggestion, A previously neglected area of 
the exterior woodwork of the house the Mansion was the central hallway 
was painted brown to blend with the at the head of the Grand Staircase, 
sandstone and brickwork. Mrs. Moore conceived the idea of fur- 
Later administrations brought nishing the area with representative 
further improvements and added pieces in recognition of North 
comforts in order to keep pace with Carolina as the "furniture capital of 
the times. An elevator was installed, the world." She contacted manufac- 
air conditioning units were placed in turers who, in turn, requested the 
some rooms; and a bomb shelter was American Institute of Interior 
added during Governor Luther H. Designers to plan the area. 
Hodges' term (1954-1961). Mrs. Industries contributed furniture, 
Terry Sanford added many antique accessories, and services to reappoint 
furnishings during her husband's the hallway as an attractive and 
term of office (1961-1965). Although comfortable living area for the gover- 
the state endeavored to make the nor and his family. Another area of 
Mansion functional and livable, the receiving special attention was the 
legislature appropriated no money acquisition of a North Carolina col- 
for major projects. Therefore, in early lection of books for the Mansion 
1965, Mrs. Dan K. Moore appointed library. Volumes by Tar Heel 
an Executive Mansion Fine Arts authors as well as books about the 
Committee. In August, she state and her citizens were acquired 
announced that Mrs. John Pearce of in the late 1960s. 
Washington, D.C., the first curator of A legislative appropriation of 



26 North Carolina Manual 

$58,000 financed renovation of the seven-member Executive Residence 

institutional kitchen facilities, pro- Building Commission was estab- 

viding a new food freezer, expansion lished by the 1971 General Assembly 

of the food preparation area to the to develop and submit plans for a 

basement, and a dumbwaiter-convey- new official residence for the chief 

or belt system to move trays from the executive. The governor appointed 

first floor. Extension of the garage an advisory committee including for- 

area, landscaping, and lighting of the mer first ladies' state agency heads, 

grounds contributed to the efficiency and the mayor of Raleigh to work 

and beauty of the Mansion. For with the commission. Members of the 

added security, a decorative brick commission traveled to eight other 

and wrought iron wall was construct- states to inspect executive residences 

ed around the perimeter of Burke and mansions and received presenta- 

Square in early 1969. tions from six architectural firms 

Governor Robert W. Scott (1969- being considered for the project. 

1973) appreciated the historical sig- Upon review of the proposed designs 

nificance of the building but felt it for a new Executive Mansion, the 

was time to review the Mansion's legislature was informed that it 

practical uses. The governor pointed would be more feasible to renovate 

out the old cast-iron radiators con- the Burke Square residence than to 

trolled by a single thermostat, over- construct a modern dwelling, 
loaded electrical circuits, the lack of In May 1973 the General 

a fire escape, and other hazards Assembly ratified "An Act to 

which needed correction. The front Appropriate Funds to Renovate the 

entrance hall chandelier which had Governor's Mansion and to Make It 

fallen in 1969 (fortunately without Suitable as Both a Public and 

injuring anyone) aptly illustrated his Private Residence for the Governor." 

concerns. Because of inadequate This act included: 
living conditions in the Mansion, a 

1. Removal of the existing heating system and installation of a year- 
round climate control system; 

2. Rewiring of the structure and its fixtures as needed to provide a safe, 
adequate, and convenient electrical system; 

3. Renovation and waterproofing of all bathroom facilities; 

4. Restoration of exterior brick, mortar, and wood trim; 

5. Construction of a stair tower on the southeast corner providing a fire- 
proof passage from the upper floors; 

6. Reconstruction, repair, and weather-stripping of all window units; 

7. Installation of a convenience kitchen for the First Family on the sec- 
ond floor. 



North Carolina: Its History And Symbols 



27 



This renovation was the most 
extensive in the history of the 
Executive Mansion. The General 
Assemblies of 1973 and 1975 appro- 
priated funds amounting to 
$845,000. Governor James E. 
Holshouser, Jr., and his family relin- 
quished use of the Mansion and 
moved into a temporary home in the 
Foxcroft suburb of Raleigh for eight 
months while interior renovations 
were carried out by F. Carter 
Williams, a local architectural firm. 
Because of the size and complexity of 
the project, Marie Sharpe Ham, the 
state interior design consultant, and 
the staff of the Division of Archives 
and History assisted. 

As work proceeded, it was 
learned that most of the deteriora- 
tion had been caused by water seep- 
age within the walls. Portions of the 
decorative plaster ceilings had to be 
reconstructed and exterior and inte- 
rior woodwork repaired or replaced 
with materials removed from else- 
where in the Mansion. The Grand 
Staircase was found to be construct- 
ed of rare North Carolina heart pine. 
Research showed that the wood had 
originally been varnished and 
stained. An unpainted pine mantel 
on the third floor served as a guide 
for refinishing the staircase. Also, 
original carved paneling beneath 
windows and above doorways was 
discovered behind false panels which 
were removed in order to keep intact 
these unique design features. 

In an effort to save money and 
promote state industry, materials 
produced within North Carolina 
were used in the renovation. Brick 
for the stair tower was selected to 
match that of the exterior. The 
state's textile industry assisted in 
replacing carpets and draperies. In 
addition, individuals and businesses 



donated decorative pieces for the 
enrichment of the furnishings collec- 
tion (managed by the Department of 
Cultural Resources). Mrs. 
Holshouser later stated, "Our deter- 
mination to emphasize North 
Carolina products clearly carries 
through the theme that Governor 
Jarvis had when he first envisioned 
a new Executive Mansion." This 
determination carried over to the 
administration of Governor James B. 
Hunt, Jr. (1977-1985). A recent addi- 
tion to the Mansion is a recreation 
room located on the third floor - a 
retreat for the sports-minded Hunt 
family. 

North Carolina has one of the 
few governor's residences in the 
nation constructed in the nineteenth 
century and still in use. 
Architecturally, the Mansion exem- 
plifies the Queen Anne Cottage style 
popular during the American 
Victorian Period while the exterior 
wooden ornamentation is typical of 
the Eastlake style. The Executive 
Mansion reflects the past and stands 
solidly to face the future. For over 
100 years, the time, talent, funds, 
and devotion of North Carolinians 
have contributed to the continuing 
tradition of gracious hospitality to all 
who enter its doors. 

Governor James B. Hunt (1977- 
1985) was the first governor of this 
state who was elected to two succes- 
sive four-year terms. The Mansion 
served as an adjunct to his Capitol 
office and served as a regular meet- 
ing place for his cabinet and staff. 
Additions to the Mansion included a 
chair lift for handicapped visitors, 
the enclosure of the back porch as a 
morning room and breakfast area, 
and the refurbishing of some first 
and second floor rooms as well as a 
recreation area on the third floor. In 



28 



North Carolina Manual 



1983, an executive guest residence 
was established at the Bailey-Tucker 
House on East Lane Street. 

Governor James G. Martin 
(1985-1992) became the second chief 
executive to serve successive terms. 
As the Mansion entered its second 
century of service to North Carolina's 
governors, a Victorian garden was 
established south of the Mansion and 



was financed by private contribu- 
tions. A major interior refurbishment 
was carried out to commemorate the 
building's centennial and for the 
viewing pleasure of over 50,000 
annual visitors. The Executive 
Mansion stands today rooted in the 
past, but well appointed and 
equipped to meet the expanding 
needs and challenges of the future. 



North Carolina: Its History And Symbols 29 

THE MECKLENBURG DECLARATION OF 20TH MAY, 1775* 

OFFICERS 



Abraham Alexander, Chair 
John McKnitt Alexander 



DELEGATES 



Col. Thomas Polk 
Ephriam Brevard 
Hezekiah J. Balch 
John Phifer 
James Harris 
William Kennon 
John Ford 
Richard Barry 
Henry Downs 



Ezra Alexander 
William Graham 
John Quary 
Abraham Alexander 
John McKnitt Alexander 
Hezekiah Alexander 
Adam Alexander 
Charles Alexander 
Zacheus Wilson, Sen. 



Waightsill Avery 

Benjamin Patton 

Mathew McClure 

Neil Morrison 

Robert Irwin 

John Flenniken 

David Reese 

Richard Harris, Sen. 



The following resolutions were presented: 

1. Resolved. That whosoever directly or indirectly abetted or in any way form or 
manner countenanced the uncharted and dangerous invasion of our rights as claimed 
by Great Britain is an enemy to this country, to America, and to the inherent and 
inalienable rights of man. 

2. Resolued. That we the citizens of Mecklenburg County, do hereby dissolve the 
political bonds which have connected U.S. to the mother country and hereby absolve 
ourselves from all allegiance to the British Crown and abjure all political connections 
contract or association with that nation who have wantonly trampled on our rights 
and liberties and inhumanely shed the blood of American patriots at Lexington. 

3. Resolued. That we do hereby declare ourselves a free and independent people, 
are, and of right ought to be a sovereign and self-governing association under the con- 
trol of no power other than that of our God and the General Government of the 
Congress to the maintenance of which independence we solemnly pledge to each other 
our mutual cooperation, our lives, our fortunes, and our most sacred honor. 

4. Resolued. That as we now acknowledge the existence and control of no law or 
legal officer, civil or military within this County, we do hereby ordain and adopt as a 
rule of life all, each and every of our former laws - wherein nevertheless the Crown of 
Great Britain never can be considered as holding rights, privileges, immunities, or 
authority therein. 

5. Resolued. That it is further decreed that all, each and every Military Officer in 
this County is hereby reinstated in his former command and authority, he acting 
comformably to these regulations. And that every member present of this delegation 
shall henceforth be a civil officer, viz., a justice of the peace, in the character of a 
"committee man" to issue process, hear and determine all matters of controversy 
according to said adopted laws and to preserve peace, union and harmony in said 
county, and to use every exertion to spread the love of Country and fire of freedom 
throughout America, until a more general and organized government be established 
in this Province. 

*This document is found in Vol. IX, pages 1263-65 of the Colonial Records of North Carolina; however, 
the authenticity of the declaration has become a source of controversy among historians. The controversy aris- 
es because the text of the Resolves was recalled from memory by the clerk some twenty years after the 
Mecklenburg meeting. The original notes had been lost in a fire. 



30 North Carolina Manual 

THE HALIFAX RESOLUTION OF APRIL 12, 1776 

The Select Committee taking into Consideration the usurpations and vio- 
lences attempted and committed by the King and Parliament of Britain 
against America, and the further Measures to be taken for frustrating the 
same, and for the better defense of this province reported as follows, to wit, 

It appears to your Committee that pursuant to the Plan concerted by the 
British Ministry for subjugating America, the King and Parliament of Great 
Britain have usurped a Power over the Persons and Properties of the People 
unlimited and uncontrouled; and disregarding their humble Petitions for 
Peace, Liberty and safety, have made divers Legislative Acts, denouncing War 
Famine and every Species of Calamity against the Continent in General. 
That British Fleets and Armies have been and still are daily employed in 
destroying the People and committing the most horrid devastations on the 
Country. That Governors in different Colonies have declared Protection to 
Slaves who should imbrue their Hands in the Blood of their Masters. That 
the Ships belonging to America are declared prizes of War and many of them 
have been violently seized and confiscated in consequence of which multitudes 
of the people have been destroyed or from easy Circumstances reduced to the 
Lamentable distress. 

And whereas the moderation hitherto manifested by the United Colonies 
and their sincere desire to be reconciled to the mother Country on 
Constitutional Principles, have procured no mitigation to the aforesaid 
Wrongs and usurpations, and no hopes remain of obtaining redress by those 
Means alone which have been hitherto tried, Your Committee are of Opinion 
that the house should enter into the following Resolve to wit, 

Resolve that the delegates for this Colony in the Continental Congress by 
impowered to concur with the delegates of the other Colonies in declaring 
Independency, and forming foreign Alliances, reserving to this Colony the 
Sole, and Exclusive right of forming a Constitution and Laws for this Colony, 
and of appointing delegates from time to time (under the direction of a gener- 
al Representation thereof) to meet the delegates of the other Colonies for such 
purposes as shall be hereafter pointed out. 



North Carolina: Its History And Symbols 



31 



CHAPTER TWO 



in a byniDols 



THE GREAT SEAL OF THE STATE OF NORTH CAROLINA 



A seal for important documents was used before the government was 
ever implemented in North Carolina. During the colonial period North 
Carolina used successively four different seals. Since independence, six seals 
have been used. 

Shortly after King Charles II issued the Charter of 1663 to the Lords 
Proprietors, a seal was adopted to use in conjunction with their newly 
acquired domains in America. No official description has been found of the 
seal but it can be seen in the British Public Record Office in London. The seal 
had two sides and was three and three-eighths inches in diameter. The 
impression was made by bonding two wax cakes together with tape before 
being impressed. The finished impression was about one-fourth inch thick. 
This seal was used on all official papers of the Lords Proprietors of Carolina, 
embracing both North Carolina and South Carolina. 





Seal of the Lords Proprietors of Carolina 

When the Government of Albemarle was organized in 1665, it adopted 
for a seal the reverse side of the seal of the Lords Proprietors. Between the 
coat-of-arms the word A-L-B-E-M-A-R-L-E was fixed in capitals, beginning 
with the letter "A" between the Craven arms and those of Lord John 
Berkeley. 

The Albemarle seal was small, only one and seven-sixteenths inches in 
diameter and had only one face. The seal was usually impressed on red wax, 
but was occasionally seen imprinted on a wafer stuck to the instrument with 
soft wax. The government for Albemarle County was the first to use the seal; 



32 



North Carolina Manual 




Seal of the Government of Albemarle and Province of 
North Carolina, 1665-1730 



however, as the colony grew, it 
became the seal of the entire 
Province of North Carolina. It 
continued in use until just after 
the purchase of North Carolina 
by the crown. During the trouble- 
some times of the Cary Rebellion, the 
Albemarle seal was not used. 
Instead, Cary used his family arms 
as a seal for official papers. William 
Glover used his private seal during 
his presidency as well. 

When North Carolina became a 
Royal Colony in 1729, the old 
"Albemarle" seal was no longer 
applicable. On February 3, 1730, the 
Board of Trade recommended that 
the king order a public seal for the 



Province of North Carolina. Later 
that same month, the king approved 
the recommendations and ordered 
that a new seal be prepared for the 
Governor of North Carolina. On 
March 25, the Board of Trade pre- 
sented the king with a draft of the 
proposed seal for his consideration. 
The king approved the proposed new 
seal on April 10 with one minor 
change - "Georgius Secundus" was to 
be substituted for the original 
"Geo. II." The chief engraver of seals, 
Rollos, was ordered to "engrave a sil- 
ver Seal according to said draught ..." 
The arrival of the new seal in 
North Carolina was delayed, so when 
the council met in Edenton on March 





Seal of the Province of North Carolina, 1730-1767 



North Carolina: Its History And Symbols 



33 



30, 1731, the old seal of the Colony was ordered to be used till the new seal 
arrived. The new seal arrived in late April and the messenger fetching the 
seal from Cape Fear was paid ten pounds for his journey. The impression of 
the new seal was made by placing two cakes or layers of wax together, and 
then interlacing ribbon or tape with the attached seal between the wax 
cakes. It was customary to put a piece of paper on the outside of three cakes 
before they were impressed. The complete seal was four and three-eighths 
inches in diameter and from one-half to five-eighths inches thick and 
weighed about five and one-half ounces. 





Seal of the Province of North Carolina, 1767-1776 



At a meeting of the council held in New Bern on December 14, 1767, 
Governor Tryon produced a new Great Seal of the province with his 
Majesty's Royal Warrant bearing date at the Court of St. James the 9th 
day of July, 1767. The old seal was returned to his Majesty's Council office at 
Whitehall in England. Accompanying the warrant was a description of the new 
seal with instruction that the seal was to be used in sealing all patents and 
grants of lands and all public instruments passed in the king's name for ser- 
vice within the province. It was four inches in diameter, one-half to five- 
eighths inches thick, and weighed four and one-half ounces. 

Sometimes a smaller seal than the Great Seal was used on commissions 
and grants, such as a small heart-shaped seal or a seal in the shape of an 
ellipse. These impressions were evidently made by putting the wax far 
enough under the edge of the Great Seal to take the impression of the crown. 
The royal governors also used their private seals on commissions and grants. 

Lord Granville, after the sale of the colony by the Lords Proprietors, 
retained his right to issue land grants. He used his private seal on the grants 
he issued. The last reference found to the colonial seal is in a letter from 
Governor Martin to the Earl of Hillsborough in November, 1771, in which he 
recounts the broken condition of the seal. He states the seal had been 
repaired and though "awkwardly mended... [it was] in such manner as to 
answer all purposes." 



34 



North Carolina Manual 



Following independence Section XVII of the new constitution adopted at 
Halifax on December 18, 1776, provided "That there shall be a Seal of this 
State, which shall be kept by the Governor, and used by him as occasion may 
require; and shall be called the Great Seal of the State of North Carolina, 
and be affixed to all grants and commissions." When a new constitution was 
adopted in 1868, Article III, Section 16 provided for "...a seal of the State, 
which shall be kept by the Governor, and used by him, as occasion may 
require, and shall be called The Great Seal of the State of North Carolina." It 
also provided for the secretary of state to countersign with the governor. 
When the people of North Carolina ratified the current constitution in 1970, 
Article III, Section 10 contained provisions for "The Great Seal of the State of 
North Carolina." However, the wording which authorized the secretary of 
state to countersign documents was removed. 

On December 22, 1776, the Provincial Congress at Halifax appointed 
William Hooper, Joseph Hewes and Thomas Burke as commissioners to 
procure a seal for the State; however, there is no record that a report was 
ever made by this commission. The Congress provided for the governor to use 
his "private seal at arms" until the Great Seal for the state was procured. A 
bill calling for the procurement of a Great Seal was introduce in the lower 
house of the General Assembly on April 28, 1778. The bill became law on 
May 2. The legislation provided that William Tisdale, Esq., be appointed to 
cut and engrave a seal for the State. On Sunday, November 7, 1779, the 
Senate granted Tisdale £150 to make the seal. The seal procured under this 
act was used until 1794. The actual size of the seal was three inches in diam- 
eter and one-fourth inch thick. It was made by putting two cakes of wax 
together with paper wafers on the outside and pressing them between the 
dies, thus forming the obverse and reverse sides of the seal. 




The Great Seal of the State of North Carolina, 1779-1794 



North Carolina: Its History And Symbols 



35 



An official description of this seal cannot be found, but many of the seals 
still in existence are in an almost perfect state of preservation. 

In January, 1792, the General Assembly authorized a new State Seal, 
requiring that it be prepared with only one side. Colonel Abisha Thomas, an 
agent of North Carolina commissioned by Governor Martin, was in 
Philadelphia to settle the State's Revolutionary claims against the Federal 
Government. Martin sent a design to Colonel Thomas for a new seal for the 
State; however, after suggestions by Dr. Hugh Williamson and Senator 
Samuel Johnston, this sketch was disregarded and a new one submitted. 
This new sketch, with some modification, was finally accepted by Governor 
Spaight, and Colonel Thomas had the seal made accordingly. 

The seal press for the old seal must have been very large and unwieldy 
probably due to the two-sided nature and large diameter of the seal. 
Governor Richard Dobbs Spaight in a letter to Colonel Abisha Thomas in 
February, 1793, wrote: "Let the screws by which the impression is to be made 
be as portable as possible so as it may be adapted to our present itinerant 
government. The one now in use by which the Great Seal is at present made 
is so large and unwieldy as to be carried only in a cart or wagon and of course 
has become stationary at the Secretary's office which makes it very conve- 
nient." The seal was cut some time during the summer of 1793, and Colonel 
Thomas brought it home with him in time for the meeting of the legislature in 
November, 1793, at which session it was "approbated." The screw to the seal 
was two and one half inches in diameter and was used until around 1835. 




The Great Seal of the State of North Carolina, 1794- 1836 

In the winter of 1834-35 the legislature enacted legislation authorizing 
the governor to procure a new seal. The preamble to the act stated that the 
old seal had been used since the first day of March, 1793. A new seal which 
was very similar to its predecessor was adopted in 1835 and continued in use 
until 1893. In 1868 the legislature authorized the governor to procure a new 
replacement Seal and required him to do so whenever the old one was lost or 
so worn or defaced that it was unfit for use. 



36 



North Carolina Manual 




The Great Seal of the State of North Carolina, 1836- 1893 

In 1883, Colonel S. MCD. Tate introduced a bill that did not provide that 
a new seal be procured but described in more detail what the seal should be 
like. In 1893, Jacob Battle introduced a bill that made no change in the seal 
except to add at the foot of the coat-of-arms of the state as part thereof the 
motto Esse Quam Viden and to provide that the words "May 20, 1775," be 
inscribed at the top of the coat-of-arms. 

By the late 19th and early 20th century, the ship that appeared in the 
background of the early seals had disappeared. The North Carolina 
Mountains were the only backdrop on the seal, while formerly both the 
mountains and the ship had been depicted. 

This brief history of the seals of our State illustrates the great variety 
and liberty that was taken in the design of the official State seal. The 1971 
General Assembly, in an effort to "provide a standard for the Great Seal of 
the State of North Carolina," passed the following Act amending the General 
Statutes provision relative to the State Seal: 




The Great Seal of the State of North Carolina, 1893-1971 



North Carolina: Its History And Symbols 



37 



The Governor shall procure of the State a Seal, which shall be 
called the Great Seal of the State of North Carolina, and shall be two 
and one-quarter inches in diameter, and its design shall be a repre- 
sentation of the figures of Liberty and Plenty, looking toward each 
other, but not more than half-fronting each other and otherwise dis- 
posed as follows: Liberty, the first figure, standing, her pole with cap 
on it in her left hand and a scroll with the word "Constitution" 
inscribed thereon in her right hand. Plenty, the second figure, sitting 
down, her right arm half extended toward Liberty, three heads of 
grain in her right hand, and in her left, the small end of her horn, the 
mouth of which is resting at her feet, and the contents of the horn 
rolling out. 

The background on the seal shall contain a depiction of moun- 
tains running from left to right to the middle of the seal. A side view 
of a three-masted ship shall be located on the ocean and to the right of 
Plenty. The date "May 20, 1775" shall appear within the seal and 
across the top of the seal and the works "esse quam videri" shall 
appear at the bottom around the perimeter. No other words, figures or 
other embellishments shall appear on the seal. 

It shall be the duty of the Governor to file in the office of the 
Secretary of State an impression of the great seal, certified to under 
his hand and attested to by the Secretary of State, which impression 
so certified the Secretary of State shall carefully preserve among the 
records of this Office. 




The Great Seal of the State of North Carolina, 1971-1984 



38 



North Carolina Manual 



The late Julian R. Allsbrook, who served in the North Carolina Senate 
for many years, felt that the adoption date of the Halifax Resolves ought to 
be commemorated on the State seal as it was already on the State flag. This 
was to "serve as a constant reminder of the people of this state's commitment 
to liberty." Legislation adding the date "April 12, 1776" to the Great Seal of 
the State of North Carolina was ratified May 2, 1983, with an effective date 
of January 1, 1984. Chapter 257 of the Session Laws of North Carolina 
included provisions that would not invalidate any Great Seal of the State of 
North Carolina in use or on display. Instead replacement could occur as the 
need arose. 




The Great Seal of the State of North Carolina, 1984-Present 



North Carolina: Its History And Symbols 



39 



The State Flag 



The flag is an emblem of antiq- 
uity and has commanded 
respect and reverence from 
practically all nations from the earli- 
est times. History traces it to divine 
origin, the early peoples of the earth 
attributing to it strange, mysterious, 
and supernatural powers. Indeed, 
our first recorded references to the 
standard and the banner, of which 
our present flag is but a modified 
form, are from sacred rather than 
from secular sources. We are told 
that it was around the banner that 
the prophets of old rallied their 
armies and under which the hosts of 
Israel were led to believing, as they 
did, that the flag carried with it 
divine favor and protection. 

Since that time all nations and 
all peoples have had their flags and 
emblems, though the ancient super- 
stition regarding their divine merits 
and supernatural powers has disap- 
peared from among civilized peoples. 
The flag now, the world over, pos- 
sesses the same meaning and has a 
uniform significance to all nations 
wherever found. It stands as the 
symbol of strength and unity, repre- 
senting the national spirit and patri- 
otism of the people over whom it 
floats. In both lord and subject, the 
ruler and the ruled, it commands 
respect, inspires patriotism, and 
instills loyalty both in peace and 
war. In this country we have a 
national flag which stands as the 
emblem of our strength and unity as 
a nation, a living representation of 
our national spirit and honor. In 
addition to our national flag, each of 
the states in the Union has a "state 



flag" which is symbolic of its own 
individuality and domestic ideals. 
The state flag also expresses some 
particular trait, or commemorates 
some historical event of the people 
over whom it floats. The flags of most 
of the states, however, consist of the 
coat of arms of that state upon a 
suitably colored field. It is said that 
the first state flag of North Carolina 
was built on this model but legisla- 
tive records show that a "state flag" 
was not established or recognized 
until 1861. The constitutional con- 
vention of 1861, which passed the 
ordinance of secession, adopted a 
state flag. On May 20,1861, the day 
the secession resolution was adopted, 
Col. John D. Whitford, a member of 
the convention from Craven County, 
introduced an ordinance, which was 
referred to a select committee of 
seven. The ordinance stated that the 
flag of this State shall be a blue field 
with a white V thereon, and a star, 
encircling which shall be the words, 
"Sirgit astrum, May 20, 1775." 

Colonel Whitford was made chair 
of the committee to which this ordi- 
nance was referred. The committee 
secured the aid and advice of 
William Jarl Browne, an artist of 
Raleigh. Browne prepared and sub- 
mitted a model to this committee and 
this model was adopted by the con- 
vention of June 22, 1861. The 
Browne model was vastly different 
from the original design proposed by 
Colonel Whitford. The law as it 
appears in the ordinance and resolu- 
tions passed by the convention is as 
follows: 



40 



North Carolina Manual 



AN ORDINANCE IN RELATION TO A STATE FLAG 

Be it ordained by this Convention, and it is hereby ordained by the 
authority of the same, That the Flag of North Carolina shall consist of a 
red field with a white star in the centre, and with the inscription, above 
the star, in a semi-circular form, of "May 20th, 1775," and below the 
star, in a semi-circular form, of "May 20th, 1861." That there shall be 
two bars of equal width, and the length of the field shall be equal to the 
bar, the width of the field being equal to both bars: the first bar shall be 
blue, and second shall be white: and the length of the flag shall be one- 
third more than its width. [Ratified the 22nd day of June, 1861.] 

This state flag, adopted in 1861, is said to have been issued to North 
Carolina regiments of state troops during the summer of 1861 and borne by 
them throughout the war. It was the only flag, except the national and 
Confederate colors, used by North Carolina troops during the Civil War. This 
flag existed until 1885, when the Legislature adopted a new model. 




1 he INorth Lcirolinci btate r lag 

(Adopted in 1885) 



North Carolina: Its History And Symbols 41 

The bill which was introduced by General Johnstone Jones on February 
5, 1885, passed its final reading one month later after little debate. This act 
reads as follows: 



AN ACT TO ESTABLISH A STATE FLAG 
The General Assembly of North Carolina do enact: 

SEC. 1. That the flag of North Carolina shall consist of a blue union, 
containing in the centre thereof a white star with the letter N in 
gilt on the left and the letter C in gilt on the right of said star, 
the circle containing the same to be one-third the width of the 
union. 

SEC. 2. That the fly of the flag shall consist of two equally propor- 
tioned bars; the upper bar to be red, the lower bar to be white; 
that the length of the bars horizontally shall be equal to the per- 
pendicular length of the union, and the total length of the flag 
shall be one-third more than its width. 

SEC. 3. That above the star in the centre of the union there shall be 
a gilt scroll in semi-circular form, containing in black letters this 
inscription "May 20th, 1775," and that below the star there shall 
be similar scroll containing in black letters the inscription: "April 
12th, 1776." 

SEC. 4. That this act shall take effect from and after its ratification. 
In the General Assembly read three times and ratified this 9th 
day of March, A.D. 1885. 

It is interesting to examine the significance of the dates found on the 
flag. The first date, "May 20, 1775," refers to the Mecklenburg Declaration of 
Independence, although many speculate the authenticity of this particular 
document. The second date appearing on the state flag of 1861 is that of 
"May 20th, 1861." This date commemorated the secession of the State from 
the Union, but as the cause for secession was defeated, this date no longer 
represented anything after the Civil War. So when a new flag was adopted in 
1885, this date was replaced with "April 12th, 1776." This date commemo- 
rates the Halifax Resolves, a document that places the Old North State in 
the very front rank, both in point of time and in spirit, among those that 
demanded unconditional freedom and absolute independence from any for- 
eign power. This document stands out as one of the great landmarks in the 
annals of North Carolina history. 

Since 1885 there has been no change in our state flag. For the most part, 
it has remained unknown and a stranger to the good people of our State. 
However, as we became more intelligent, and therefore, more patriotic and 
public spirited, the emblem of the Old North State assumed a station of 
greater prominence among our people. One hopeful sign of this increased 
interest was the act passed by the Legislature of 1907, requiring the state 
flag to be floated from all state institutions, public buildings, and court houses. 



42 North Carolina Manual 

In addition to this, many public and private schools fraternal orders, and 
other organizations now float the state flag. The people of the State should 
become acquainted with the emblem of that government to which they owe 
allegiance and from which they secure protection, and to ensure that they 
would, the legislature enacted the following: 

AN ACT TO PROMOTE GREATER LOYALTY AND RESPECT FOR 
THE SOVEREIGNTY OF THE STATE 

The General Assembly of North Carolina do enact: 

SEC. 1. That for the purpose of promoting greater loyalty and 

respect to the state and inasmuch as a special act of the 

Legislature has adopted an emblem of our government known as 

the North Carolina State flag, that it is neat and proper that it 

shall be given greater prominence. 
SEC. 2. That the ooard of trustees or managers of the several state 

institutions and public buildings shall provide a North Carolina 

flag, of such dimensions and materials as they deem best, and the 

same shall be displayed from a staff upon the top of each and 

every such building at all times except during inclement weather, 

and upon the death of any state officer or any prominent citizen 

the flag shall be put at half-mast until the burial of such person 

shall have taken place. 

SEC. 3. That the Board of County Commissioners of the several 
counties in this state shall likewise authorize the procuring of a 
North Carolina flag, to be displayed either on a staff upon the 
top, or draped behind the judge's stand, in each and every term of 
court held, and on such other public occasions as the 
Commissioners may deem proper. 

SEC. 4. That no state flag shall be allowed in or over any building 
here mentioned that does not conform to section five thousand 
three hundred and twenty-one of the Revisal of one thousand 
nine hundred and five. 

SEC. 5. That this act shall be in force from and after its ratification. 

In the General Assembly read three times, and ratified this 9th day of 
March, A.D. 1907. 

Many North Carolinians have questioned the legitimacy of having the 
date of the Mecklenburg Declaration, May 20th, 1776, on the flag. Historians 
have debated its authenticity because the lack of any original documentation. 
The only evidence of the Declaration is a reproduction from memory many 
years later by one of the delegates attending the convention. Historians' 
main argument, other than the non-existence of the original document, is 
that the Mecklenburg Resolves, adopted just eleven days after the 
Mecklenburg Declaration, are comparatively weak in tone, almost to the 
point of being completely opposite. Many historians find it difficult to believe 



North Carolina: Its History And Symbols 43 

that the irreconcilable tone of the Declaration could have been the work of 
the same people who produced the Resolves. Efforts have been made to have 
the date taken off the flag and the seal, but so far these efforts have proved 
fruitless. Removal from the seal would be simple enough, for the date of the 
Halifax Resolves could easily be substituted without changing the basic 
intention of the date. The flag would prove to be more difficult, for there is no 
other date of significance which could be easily substituted. 



44 



North Carolina Manual 



The State Bird 



The Cardinal was selected by 
popular choice as our State 
Bird on March 4, 1943. 
(Session Laws, 1943 c. 595; G.S. 145- 
2). The Cardinal is sometimes called 
the Winter Redbird because it is 
most noticeable during the winter 
when it is the only "redbird" present. 
A year-round resident of North 
Carolina, the Cardinal is one of the 
most common birds in our gardens, 
meadows and woodlands. The male 
Cardinal is red all over, except for 
the area of its throat and the region 
around its bill which is black; it is 
about the size of a Catbird only with 
a longer tail. The head is conspicu- 
ously crested and the large stout bill 



is red. The female is much duller in 
color with the red confined mostly to 
the crest, wings, and tail. This differ- 
ence in coloring is common among 
many birds. Since it is the female 
that sits on the nest, her coloring 
must blend more with her natural 
surroundings to protect her eggs and 
young from predators. There are no 
seasonal changes in her plumage. 

The Cardinal is a fine singer, and 
what is unusual is that the female 
sings as beautifully as the male. The 
male generally monopolizes the art of 
song in the bird world. 

The nest of the Cardinal is 
rather an untidy affair built of weed 
stems, grass and similar materials in 




The Cardinal or "Winter Redbird" 



North Carolina: Its History And Symbols 



45 



low shrubs, small trees or bunches of 
briars, generally not over four feet 
above the ground. The usual number 
of eggs set is three in this State and 
four further North. Possibly the 
Cardinal raises an extra brood down 
here to make up the difference, or 



possibly the population is more easi- 
ly maintained here by the more mod- 
erate winters compared to the colder 
North. The Cardinal is by nature a 
seed eater, but does not dislike small 
fruits and insects. 



The State Flower 

The General Assembly of 1941 designated the dogwood as the State 
Flower. (Public Laws, 1941, c. 289; G.S. 145-1) 

The Dogwood is one of the most prevalent trees in our State and can be 
found in all parts of the State from the mountains to the coast. Its blossoms, 
which appear in early spring and continue on into summer, are most often 
found in white, although shades of pink (red) are not uncommon. 




The North Carolina State Flower 
"The Dogwood Bloom" 



46 



North Carolina Manual 
The State Insect 



The General Assembly of 1973 designated the Honey Bee as the official 
State Insect. (Session Laws, 1973, c. 55) 

This industrious creature is responsible for the annual production of 
more than $2 million worth of honey in the state. However, the greatest 
value of Honey Bees is their role in the growing cycle as a major contributor 
to the pollination of North Carolina crops. 




The Industrious Honey Bee 



The State Tree 

The Pine was officially designated as the State Tree by the General 
Assembly of 1963. (Session Laws, 1963, c.41) 

The pine is the most common of the trees found in North Carolina, as 
well as the most important one in the history of our State. During the 
Colonial and early Statehood periods, the pine was a vital part of the econo- 
my of North Carolina. From it came many of the "naval stores" - resin, tur- 
pentine, and timber - needed by merchants and the navy for their ships. The 
pine has continued to supply North Carolina with many important wood 
products, particularly in the building industry. 



North Carolina: Its History And Symbols 
The State Mammal 



47 



The General Assembly of 1969 designated the Gray Squirrel as the offi- 
cial State Mammal. (Session Laws, 1969. c.1207; G.S. 145-5). 

The gray squirrel is a common inhabitant of most areas of North 
Carolina from "the swamps of eastern North Carolina to the upland hard- 
wood forests of the piedmont and western counties." This tree-dwelling 
rodent feels most comfortable in an "untouched wilderness" environment, 
although many squirrels also inhabit our city parks and suburbs. To the 
delight of hikers and park dwellers alike, this furry creature is extremely 
active during the day and, like most humans, sleeps at night. In their 
favorite habitat, the evergreen coniferous forest, the gray squirrel is much 
larger than other species of squirrels, usually driving away the red 
sqaivreKTamiascurus) whenever the two species meet. 

The gray squirrel is not a picky eater. During the fall and winter 
months, he survives on a diet of hardwoods, with acorns providing most of 
his carbohydrates and proteins. In the spring and summer, his diet consists 
of "new growth and fruits" supplemented by early corn, peanuts, and the 
occasional insect. 




The Gray Squirrel 



48 



North Carolina Manual 



The State Toast 

The following toast was officially adopted as the State Toast of North 
Carolina by the General Assembly of 1957 (Session Laws, 1957, c.777). 



Here's to the land of the long leaf pine, 
The summer land where the sun doth shine, 
Where the weak grow strong and the strong grow great, 
Here's to "Down Home," the Old North State! 

Here's to the land of the cotton bloom white, 
Where the scuppernong perfumes the breeze at night, 
Where the soft southern moss and jessamine mate, ' 
Neath the murmuring pines of the Old North State! 



Here's to the land where the galax grows, 
Where the rhododendron's rosette glows, 
Where soars Mount Mitchell's summit great, 
In the "Land of the Sky," in the Old North State! 



Here's to the land where maidens are fair, 
Where friends are true and cold hearts rare, 
The near land, the dear land, whatever fate 
The blest land, the best land, the Old North State! 



North Carolina: Its History And Symbols 
The State Salt Water Fish 



49 



The General Assembly of 1971 designated the Channel Bass (Red Drum) 
as the official State Salt Water Fish. ( Session laws, 1971, c.274; G.S. 145-6) 
Channel Bass usually occur in great supply along the Tar Heel coastal 
waters and have been found to weigh up to 75 pounds although most large 
ones average between 30 and 40 pounds. 




The State She 



The General Assembly of 1965 designated the Scotch Bonnet (pro- 
nounced bonay) as the State Shell. (Session Laws, 1965, c. 681). A colorful 
and beautifully shaped shell, the Scotch Bonnet is abundant in North 
Carolina coastal waters at depths between 500 and 200 feet. The best source 
of live specimens is from offshore commercial fishermen. 



50 



North Carolina Manual 




The State Precious Stone 



The General Assembly of 1973 designated the emerald as the official 
State Precious Stone. (Session Laws, 1973, c. 136). 

A greater variety of minerals, more than 300, have been found in North 
Carolina than in any other state. 

These minerals include some of the most valuable and unique gems in 
the world. The largest Emerald ever found in North Carolina was 1,438 
carats and was found at Hiddenite, near Statesville. The "Carolina Emerald," 
now owned by Tiffany & Company of New York was also found at Hiddenite 
in 1970. When cut to 13.14 carats, the stone was valued at the time at 
$100,000 and became the largest and finest cut emerald on this continent. 



North Carolina: Its History And Symbols 
The State Reptile 



51 



The General Assembly of 1979 designated the Eastern Box Turtle as the 
official State Reptile for North Carolina. (Session Laws, 1979, c. 154) 




The Eastern Box Turtle's Lifespan Can Exceed 100 Years 



The turtle is one of nature's most useful creatures. Through its dietary 
habits it serves to assist in the control of harmful and pestiferous insects and 
as a clean-up crew, helping to preserve the purity and beauty of our waters. 
At a superficial glance, the turtle appears to be a mundane and uninterest- 
ing creature; however, closer examination reveals it to be most fascinating, 
ranging from species well-adapted to modern conditions to species which 
have existed virtually unchanged since prehistoric times. Derided by many, 
the turtle is really a culinary delight, providing the gourmet food enthusiast 
with numerous tasty dishes from soups to entrees. 

The turtle watches undisturbed as countless generations of faster "hares" 
run by to quick oblivion, and is thus a model of patience for mankind, and a 
symbol of our State's unrelenting pursuit of great and lofty goals. 



52 



North Carolina Manual 




Milk: A Natural Calcium Source 



The State Beverage 



The General Assembly of 1987 adopted milk as the official State 
Beverage. (Session Laws, 1987, c. 347) 

In making milk the official state beverage, North Carolina followed many- 
other states including our northern neighbor, Virginia, and Wisconsin, the 
nation's number one dairy state. 

North Carolina ranks 20th among dairy producing states in the nation 
with nearly 1,000 dairy farmers producing 179 million gallons of milk per 
year. The annual income from this production amounts to around $228 mil- 
lion. North Carolinians consume over 143 million gallons of milk every year. 



North Carolina: Its History And Symbols 
The State Rock 



53 



The General Assembly of 1979 designated Granite as the official Rock for 
the State of North Carolina (Session Laws, 1979, c.906). 

The State of North Carolina has been blessed with an abundant source of 
"the noble rock," granite. Just outside Mount Airy in Surry County is the 
largest open face granite quarry in the world measuring one mile long and 
1,800 feet in width. The granite from this quarry is unblemished, gleaming 
and without interfering seams to mar its splendor. The high quality of this, 
granite allows its widespread use as a building material, in both industrial 
and laboratory applications where super smooth surfaces are necessary. 

North Carolina granite has been used for many magnificent edifices of 
government throughout the United States such as the Wright Brothers 
Memorial at Kitty Hawk, the gold depository at Fort Knox, the Arlington 
Memorial Bridge and numerous courthouses throughout the land. Granite is 
a symbol of strength and steadfastness, qualities characteristic of North 
Carolinians. It is fitting and just that the State recognize the contribution of 
granite in providing employment to its citizens and enhancing the beauty of 
its public buildings. 




Greystone Quarry, Vance County 

courtesy of Vulcan Materials Company 



54 



North Carolina Manual 



The State Historic Boat 

The General Assembly of 1987 adopted the shad boat the official State 
Historical Boat. (Session Laws, 1987, c. 366). 

The Shad Boat was developed on Roanoke Island and is known for its 
unique crafting and maneuverability. The name is derived from that of the 
fish it was used to catch - the shad. 

Traditional small sailing craft were generally ill-suited to the water ways 
and weather conditions along the coast. The shallow draft of the Shad Boat 
plus its speed and easy handling made the boat ideal for the upper sounds 
where the water was shallow and the weather changed rapidly. The boats 
were built using native trees such as cypress, juniper, and white cedar, and 
varied in length between twenty-two and thirty-three feet. Construction was 
so expensive that production of the shad boat ended in the 1930's, although 
they were widely used into the 1950's. The boats were so well constructed 
that some, nearly 100 years old, are still seen around Manteo and Hatteras. 




The Shad Boat 



North Carolina: Its History And Symbols 
The State Dog 



55 



The Plott Hound was officially adopted as our State Dog on August 12, 
1989. (Session Laws of North Carolina, 1989 c. 773; G.S. 145-13). 

The Plott Hound breed originated in the mountains of North Carolina 
around 1750 and is the only breed known to have originated in this State. 
Named for Jonathan Plott who developed the breed as a wild boar hound, the 
Plott hound is a legendary hunting dog known as a courageous fighter and 
tenacious tracker. He is also a gentle and extremely loyal companion to 
hunters of North Carolina. The Plott Hound is very quick of foot with superior 
treeing instincts and has always been a favorite of big-game hunters. 

The Plott Hound has a beautiful brindle-colored coat and a spine- 
tingling, bugle-like call. It is also only one of four breeds known to be of 
American origin. 







TheNorth Carolina Plott Hound: 

One of Only Four Breeds Known to be of American Origin 



56 North Carolina Manual 

Name of State and Nickname 

In 1629, King Charles I of England "erected into a province," all the land 
from Albemarle Sound on the north to the St. John's River on the south, 
which he directed should be called Carolina. The word Carolina is from the 
word Carolus, the Latin form of Charles. 

When Carolina was divided in 1710, the southern part was called South 
Carolina and the northern, or older settlement, North Carolina. From this 
came the nickname the "Old North State." Historians have recorded that the 
principal products during the early history of North Carolina were "tar pitch, 
and turpentine." It was during one of the fiercest battles of the War Between 
the States, so the story goes, that the column supporting the North Carolina 
troops was driven from the field. After the battle the North Carolinians, who 
had successfully fought it out alone, were greeted from the passing derelict 
regiment with the question: "Any more tar down in the Old North State, 
boys?" Quick as a flash came the answer: "No, not a bit, old Jeffs bought it 
all up." "Is that so; what is he going to do with it?" was asked. "He is going to 
put it on you-uns heels to make you stick better in the next fight." Creecy 
relates that General Lee, upon hearing of the incident, said: "God bless the 
Tar Heel boys," and from that they took the name (-Adapted from Grandfather 
Tales of North Carolina by R.B. Creecy and Histories of North Carolina Regiments, 
Vol. Ill, by Walter Clark). 



The State Motto 

The General Assembly of 1893 (chapter 145) adopted the words "Esse 
Quam Videri" as the State's motto and directed that these words with the 
date "20 May, 1775," be placed with our Coat of Arms upon the Great Seal of 
the State. 

The words "Esse Quam Videri" mean "to be rather than to seem." Nearly 
every State has adopted a motto, generally in Latin. The reason for mottoes 
being in Latin is that the Latin language is far more condensed and terse 
than the English. The three words, "Esse Quam Videri," require at least six 
English words to express the same idea. 

Curiosity has been aroused to learn the origin of our State motto. It is 
found in Cicero's essay on Friendship (Cicero de Amnicitia, Chapter 26). 

It is somewhat unique that until the act of 1893 the sovereign State Or 
North Carolina had no motto since its declaration of independence. It was 
one of the few states which did not have a motto and the only one of the origi- 
nal thirteen without one. 



The State Colors 

The General Assembly of 1945 declared Red and Blue of shades appear- 
ing in the North Carolina State Flag and the American Flag as the official 
State Colors. (Session Laws, 1945, c.878). 



North Carolina: Its History And Symbols 
The State Song 



57 



The song known as "The Old North State" was adopted as the official 
song of the State of North Carolina by the General Assembly of 1927 (Public 
Laws, 1927, c.26; G.S. 149-1). 



THE OLD NORTH STATE 



(Traditional air as tung in 1926) 



tdt. 



William Gastoh 
With spirit 



COLLKCTTO AtTO AAIAHQK 

bt Mu. E. E. Raxdoltb 



g ^g g; 



3EE* 



tefc 



* 



r -4 



itrrs 



i 



1. Car - - li - na! Car - o 

2. Tho' she en - vies not 

3. Then let all those who 



li - na! heav-en'j bless-inji at - tend her, 
oth - ers, their mer - it - ed glo - ry. 
love us, love the land that we live in. 



:s: 



m 



3=z 



VwW.-T- 



zr^ Z 1 J I t^yf 



Xzrtz 



:S=X: 



* m f~ [ 1 <•> -*;- 



-m — « -• — J 



While we live we will cher - ish, pro tect and de- fend her, Tho' the 

Say whose name stands the fore - most, in lib - er - ty's sto • ry, Tho too 

As hao py a re gion as on this side of heaven, Where 




=?=? 



3£m 



«' — t — ••-«: 






scorn • er may sneer at and wit - lings de - fame her, Still our hearts swell with 
true to her - self e'er to crouch to op - pres-sion, Who can yield to just 

le be - fore us, Raise a-loud, rais; to- 



plen - ty and peace, love and joy smile be 



» - I 'i 1 ' h 1 1 — 




&z 



tfc 



*=^ 



Chords 



!E^EE 



glad - ness when ev • er we name her. 

rule • more loy - a! sub-mis-sion. Hur • rahl 

geth - er the heart thrill - ing chorus. 

■^-r -| S — 



Hur - rahl 



the 



^r=x 



t 



li 



T 



T 



^^: 




nr 



:=c 



3E: 



Hur 



rahl 



Hur - rahl the good Old North Stats 

I 



58 North Carolina Manual 



North Carolina 

State 

Government 



Part II 




H 





H 




9 






9 




60 North Carolina Manual 



CHAPTER ONE 

The Constitution of North Carolina 



OUR CONSTITUTIONS: AN HISTORICAL PERSPECTIVE 

North Carolina has had three constitutions in her history as a State: the 
Constitution of 1776, the Constitution of 1868, and the Constitution of 1971. 

The Constitution of 1776 

Drafted and promulgated by government was prescribed by the 
the Fifth Provincial Congress Constitution, although the offices of 
in December, 1776, without justice of the peace, sheriff, coroner, 
submission to the people, the and constable were created. 
Constitution of 1776 and its separate The system of legislative repre- 
but accompanying Declaration of sentation was based on units of local 
Rights sketched the main outlines of government. The voters of each coun- 
the new state government and ty elected one Senator and two mem- 
secured the rights of the citizen from bers of the House of Commons, while 
governmental interference. While six (later seven) towns each elected 
the principle of separation of powers one member of the House. It was dis- 
was explicitly affirmed and the tinctly a property owner's govern- 
familiar three branches of govern- ment, for only landowners could vote 
ment were provided for, the true cen- for Senators until 1857, and progres- 
ter of power lay in the General sive property qualifications were 
Assembly. That body not only exer- required of members of the House, 
cised full legislative power; it also Senators, and the Governor until 
chose all the state executive and 1868. Legislators were the only state 
judicial officers, the former for short officers who were elected by the peo- 
terms and the judges for life. pie until 1836. 

Profound distrust of the execu- . . . 

tive power is evident throughout the The Convention of 1835 

document. The Governor was chosen Dissatisfaction with the legisla- 

by the legislature for a one-year term tive representation system, which 

and was eligible for only three terms gave no direct recognition to popula- 

in six years. The little power granted tion, resulted in the Convention of 

him was hedged about in many 1835. Extensive constitutional 

instances by requiring for its exer- amendments adopted by that 

cise the concurrence of a seven-mem- Convention were ratified by a vote of 

ber Council of State chosen by the the people, 26,771 to 21,636 on 

legislature. November 9, 1835. The Amendments 

Judicial offices were established, of 1835 fixed the membership of the 

but the court system itself was left to Senate and House at their present 

legislative design. No system of local levels, £0 and 120. The House 



North Carolina State Government 61 

apportionment formula then gave dent established in amending the 

one seat to each county and distrib- United States Constitution, the 1835 

uted the remainder of the seats - amendments were appended to the 

nearly half of them at that time - Constitution of 1776, not incorporat- 

according to a mathematical formula ed in it as is the modern practice, 
favoring the more populous counties. 

From 1836 until 1868, Senators were T ^ e Convention of 1861-62 

elected from districts laid out accord- The Convention of 1861-62 

ing to the amount of taxes paid to called by act of the General 

the State from the respective coun- Assembly, took the State out of The 

ties, thus effecting senatorial repre- Union and into the Confederacy and 

sentation in proportion to property adopted a dozen constitutional 

values, amendments. These were promulgat- 

The Amendments of 1835 also ed by the Convention without the 

made the Governor popularly elec- necessity of voter approval, a proce- 

tive for a two-year term, greatly dure that was permitted by the 

strengthening that office; relaxed the Constitution until 1971. 
religious qualifications for office L 

holding; abolished free Negro suf- The Convention of 1865-66 
frage; equalized the capitation tax on The Convention of 1865-66, 
slaves and free white males; prohib- called by the Provisional Governor 
ited the General Assembly from on orders of the President, nullified 
granting divorces, legitimating per- secession and abolished slavery, with 
sons, or changing personal names by voter approval, in 1865. It also draft- 
private act; specified procedures for ed a revised Constitution in 1866. 
the impeachment of state officers That document was largely a restate- 
and the removal of judges for disabil- ment of the Constitution of 1776 and 
ity; made legislative sessions bienni- the 1835 amendments, plus several 
al instead of annual; and provided new features. It was rejected by a 
methods of amending the vote of 21,770 to 19,880 on August 2, 
Constitution. Following the prece- 1866. 

Constitution of 1868 

The Convention of 1868 

The Convention of 1868, called progressive and democratic instru- 
upon by the initiative of Congress ment of government. In this respect 
but with a popular vote of approval, it differed markedly from the pro- 
wrote a new Constitution which the posed Constitution of 1866. The 
people ratified in April of 1868 by a Constitution of 1868 was an amal- 
vote of 93,086 to 74,016. Drafted and S am of provisions copied or adapted 
put through the Convention by a fr° m the Declaration of Rights of 
combination of native Republicans l 776 . the Constitution of 1776 and 
and a few Carpetbaggers, the its amendments, the proposed 
Constitution was highly unpopular Constitution of 1866, and the consti- 
with the more conservative elements tutions of other states, together with 
of the State. For its time, it was a some new and original provisions. 



62 



North Carolina Manual 



Although often amended, a majority 
of the provisions of that document 
remained intact until 1971, and the 
Constitution of 1971 brought forward 
much of the 1868 language with lit- 
tle or no change. 

The Constitution of 1868 incorpo- 
rated the 1776 Declaration of Rights 
into the Constitution as Article I and 
added several important guarantees. 
To the people was given the power to 
elect all significant state executive 
officers, all judges, and all county 
officials, as well as legislators. All 
property qualifications for voting and 
office holding were abolished. The 
plan of representation in the Senate 
was changed from a property to a 
popular basis, and the 1835 House 
apportionment plan was retained. 
Annual legislative sessions were 
restored. 

The executive branch of govern- 
ment was strengthened by popular 
election for four-year terms of office 
and the Governor's powers were 
increased significantly. 

A simple and uniform court 
system was established with the 
jurisdiction of each court fixed in 
the Constitution. The distinctions 
between actions at law and suits in 
equity were abolished. 

For the first time, detailed con- 
stitutional provision was made for 
a system of taxation, and the pow- 
ers of the General Assembly to levy 
taxes and to borrow money were 
limited. Homestead and personal 
property exemptions were granted. 
Free public schools were called for 
and the maintenance of penal and 
charitable institutions by the State 
was commanded. A uniform 
scheme of county and township 
government was prescribed. 

The declared objective of the 
Conservative Party (under whose 



banner the older native political 
leaders grouped themselves) was to 
repeal the Constitution of 1868 at 
the earliest opportunity. When the 
Conservative Party gained control 
of the General Assembly in 1870, a 
proposal to call a convention of the 
people to revise the constitution 
was submitted by the General 
Assembly to the voters and rejected 
in 1871 by a vote of 95,252 to 
86,007. 

The General Assembly there- 
upon resorted to the legislative ini- 
tiative for amending the 
Constitution. That procedure then 
called for legislative approval of 
each proposed amendment at two 
successive sessions, followed by a 
vote of the people on the amend- 
ment. The 1871-72 legislative ses- 
sion adopted an act calling for 
about three dozen amendments to 
the Constitution which had the 
general purpose of restoring to the 
General Assembly the bulk of the 
power over local government, the 
courts, and the public schools and 
the University that had been taken 
from it by the Constitution of 1868. 
The 1872-73 session of the General 
Assembly approved for the second 
time and submitted to the people 
only eight of those amendments, all 
of which were approved by the vot- 
ers in 1873 by wide margins. These 
amendments restored biennial ses- 
sions of the General Assembly, 
transferred control of the 
University of North Carolina from 
the State Board of Education to the 
General Assembly, abolished vari- 
ous new state offices, altered the 
double office-holding prohibition, 
and repealed the prohibition 
against repudiation of the state 
debt. 



North Carolina State Government 63 

The Convention of 1875 schools, gave the General Assembly 

full power to revise or abolish the 

In 1875, the General Assembly form and pQwers of cQunty &nd tQwn _ 

called a convention of the people to gMp governmentS) and simplified the 

consider constitutional revision. No procedure for constitutional amend- 

confirmation of that action by popu- ment by providing that the General 

lar referendum was had, and none Assembly might by act adopte d by 

was then constitutionally required. three . flfths of each house at one leg . 

The Convention of 1875 (the most iglative gesgion gubmit an amend . 

recent in the State's history) sat for ment to the VQterg of the gtate (thus 

five weeks in the fall of that year. It eliminating the former requirement 

was a limited convention, certain of enactment by tw0 success ive ses- 

actions - for example, the reinstate- giong of the General Assembly). The 

ment of property qualifications for principal effect of the amendments of 

office-holding or voting - being for- 1873 and lg75 wag to regtore in CQn . 

bidden to it. siderable measure the former power 

The Convention of 1875 adopted of the General Assembly, particular- 

and the voters on November 7, 1876, ly ag to the courtg and bcal govern . 

approved by a vote of 120,159 to ment 

106,554 a set of 30 amendments " The amen dments framed by the 

affecting 36 sections of the Convention of 1875 seem to have sat- 

Constitution. These amendments igfied mogt of the need for const itu- 

(which took effect on January 1, tional change for a generation, for 

1877) prohibited secret political soci- Qnly four amen dments were submit- 

eties, moved the legislative conven- ted by the General Assembly to the 

ing date from November of even voterg throughout the remainder of 

numbered years to January of odd the nineteent h century. Three of 

numbered years, fixed in the t h em were ratified; one failed. 

Constitution for the first time the In 1900 the su ff rage article was 

rate of legislative compensation, reviged to add the literacy test and 

called for legislation establishing a poll tax requirement for voting (the 

State Department of Agriculture, latter provision was repealed in 

abandoned the simplicity and unifor- 192 0). A slate of ten amendments 

mity of the 1868 court system by giv- prepare d by a constitutional commis- 

ing the General Assembly power to gion and pr0 posed by the General 

determine the jurisdiction of all Assembly in 1913 was rejected by the 

courts below the Supreme Court and voters m 1914. With the passage of 

to establish such courts inferior to time and amendments, the attitude 

the Supreme Court as it might see towards the Constitution of 1868 had 

fit, reduced the Supreme Court from crianged from resentment to a rever- 

five to three members, required ence g0 g^at that until the second 

Superior Court judges to rotate tb i rd f the twentieth century, 

among all judicial districts of the amendments were very difficult to 

State, disqualified for voting persons obtarn Between 1900 and 1933, the 

guilty of certain crimes, established voter s ratified 15 and rejected 20 

a one-year residency requirement for amendments. During the first third 

voting, required non-discriminatory Q f tb - g cen tury, nevertheless, amend- 

racial segregation in the public men t s wer e adopted lengthening the 



64 North Carolina Manual 

school term from four to six months, an enlightened policy of state respon- 
prohibiting legislative charters to sibility for the maintenance of educa- 
private corporations, authorizing tional, charitable, and reformatory 
special Superior Court judges, fur- institutions and programs, 
ther limiting the General Assembly's Several provisions of the pro- 
powers to levy taxes and incur debt, P osed Constitution of 1933 were later 
and abolishing the poll tax require- incorporated into the Constitution by 
ment for voting and reducing the res- individual amendments, and to a 
idence qualification for voters, limited extent it served as a model 
Amendments designed to restrict the for the work of the 1957-59 
legislature's power to enact local, pri- Constitutional Commission, 
vate and special legislation were Between the mid-1930's and the 
made partly ineffective by judicial late 1960*8, greater receptiveness to 
interpretation. constitutional change resulted in 

amendments authorizing the classifi- 
cation of property for taxation; 

The Proposed Constitution strengthening the limitations upon 

of 1933 public debt; authorizing the General 

Assembly to enlarge the Supreme 
A significant effort at general Court, divide the State into judicial 
revision of the Constitution was divisions, increase the number of 
made in 1931-33. A Constitutional Superior Court judges, and create a 
Commission created by the General Department of Justice under the 
Assembly of 1931 drafted and the Attorney General; enlarging the 
General Assembly of 1933 approved Council of State by three members; 
a revised Constitution. Blocked by a creating a new, appointive State Board 
technicality raised in an advisory f Education with general supervision 
opinion of the State Supreme Court, f the schools; permitting women to 
the proposed Constitution of 1933 serve as jurors; transferring the 
never reached the voters for Governor's power to assign judges to 
approval. It would have granted the the Chief Justice and his parole power 
Governor the veto power; given to a to a Board of Paroles; permitting the 
Judicial Council composed of all the waiver of indictment in non-capital 
judges of the Supreme and Superior cases; raising the compensation of the 
Courts power to make all rules of General Assembly and authorizing leg- 
practice and procedure in the courts islative expense allowances; increasing 
inferior to the Supreme Court; the general purpose property tax levy 
required the creation of inferior limitation and the maximum income 
courts by general laws only; removed tax rate; and authorizing the closing of 
most of the limitations on the taxing public schools on a local option basis 
powers of the General Assembly; and the payment of educational 
required the General Assembly to expense grants in certain cases, 
provide for the organization and The increased legislative and 
powers of local governments by gen- public willingness to accept constitu- 
eral law only; established an tional change between 1934 and 
appointive State Board of Education I960 resulted in 32 constitutional 
with general supervision over the amendments being ratified by the 
public school system; and set forth voters while only six were rejected. 



North Carolina State Government 65 

The Constitutional Commission uniform, statewide basis. The 

of 1957-58 requirement that the public schools 

constitute a "general and uniform 

At the request of Governor system" would have been eliminated, 

Luther H. Hodges, the General an d the constitutional authority of 

Assembly of 1957 authorized the the State Board of Education 

Governor to appoint a fifteen-mem- reduced. 

ber Constitutional Commission to Fairly extensive changes were 

study the need for changes in the recommended in the judicial article 

Constitution and to make recommen- of the Constitution, as well, includ- 

dations pursuant to its findings. ing the establishment of a General 

That Commission recommended Court of Justice with an Appellate 
rewriting the entire Constitution and Division, a Superior Court Division, 
submitting it to the voters for and a Local Trial Court Division. A 
approval or disapproval as a unit, uniform system of District Courts 
the changes suggested being too and Trial Commissioners would have 
numerous to be effected by individ- replaced the existing multitude of 
ual amendments. The proposed inferior courts and justices of the 
Constitution drafted by the peace, the creation of an intermedi- 
Commission represented in large ate Court of Appeals would have 
part a careful job of editorial prun- been provided for, and uniformity of 
ing, rearrangement, clarification, jurisdiction of the courts within each 
and modernization, but it also division would have been required, 
included several significant substan- Aside from these changes, the 
tive changes. The Senate would have General Assembly would have essen- 
been increased from 50 to 60 mem- tially retained its pre-existing power 
bers and the initiative (but not the over the courts, including jurisdic- 
sole authority) for decennial redis- tion and procedures, 
tricting of the Senate would have The General Assembly of 1959 
been shifted from the General also had before it a recommendation 
Assembly to an ex-officio committee for a constitutional amendment with 
of three legislative officers, respect to the court system that had 
Decennial reapportionment of the originated with a Court Study 
House of Representatives would have Committee of the North Carolina 
been made a duty of the Speaker of Bar Association. In general, the rec- 
the House, rather than of the ommendations of that Committee 
General Assembly as a whole, called for more fundamental changes 
Problems of succession to constitu- in the courts than those of the 
tional state executive offices and of Constitutional Commission. The 
determination of issues of officers' extent of the proposed authority of 
disability would have been either the General Assembly over the 
resolved in the Constitution or their courts was the principal difference 
resolution assigned to the General between the two recommendations. 
Assembly. The authority to classify The Constitutional Commission gen- 
property for taxation and to exempt erally favored legislative authority 
property from taxation would have over the courts and proposed only 
been required to be exercised only by moderate curtailment of the General 
the General Assembly and only on a Assembly's authority while the Court 



66 



North Carolina Manual 



Study Committee accepted a more 
literal interpretation of the concept 
of an independent judiciary. Its pro- 
posals, therefore, would have mini- 
mized the authority of the General 
Assembly over the courts of the 
State, though structurally, its sys- 
tem would have been much like that 
of the Constitutional Commission. 

The proposed Constitution 
received extended attention from the 
General Assembly of 1959. The 
Senate modified and passed the bill 
to submit to the voters, but it failed 
to pass the House, chiefly due to the 
opposition which existed over the 
issue of court revision. 

As had been true of the proposed 
Constitution of 1933, the proposed 
Constitution of 1959, though not 
adopted as a whole, subsequently 
provided the material for several 
amendment proposals which were 
submitted individually to the voters 
and approved by them during the 
next decade. 

In the General Assembly of 1961, 
the proponents of court reform were 
successful in obtaining enactment 
of a constitutional amendment, 
approved by the voters in 1962, cre- 
ating a unified and uniform General 
Court of Justice for the State. Other 
amendments submitted by the same 
session and approved by the voters 
provided for the automatic decennial 



reapportionment of the State House 
of Representatives, clarified the pro- 
visions for succession to elective 
state executive offices and disability 
determination, authorized a reduc- 
tion in the residence period for voters 
for President, allowed increases in 
the compensation of elected state 
executive officers during their terms, 
and required that the power of the 
General Assembly to classify and 
exempt property for taxation be exer- 
cised by it alone and only on a uni- 
form, statewide basis. 

The session of 1963 submitted 
two amendments: The first, to 
enlarge the rights of married women 
to deal with their own property was 
approved by the voters; The second, 
to enlarge the Senate from fifty to 
seventy members and allocate one 
Representative to each county was 
rejected by the voters. The General 
Assembly of 1965 submitted and the 
voters approved an amendment 
authorizing the legislative creation 
of a Court of Appeals. 

The 1967 General Assembly pro- 
posed, and the voters approved, 
amendments authorizing the 
General Assembly to fix its own com- 
pensation and revising the legisla- 
tive apportionment scheme to con- 
form to the judicially-established 
requirement of representation in pro- 
portion to population in both houses. 



Constitution of 1971 



From 1869 through 1968, a total 
of 97 propositions for amending the 
Constitution were submitted to the 
voters. All but one of these proposals 
originated in the General Assembly. 
Of those 97 amendment proposals, 
69 were ratified by the voters and 28 



were rejected. The changing attitude 
of the voters toward constitutional 
amendments is well illustrated by 
the fact that from 1869 to 1933, 21 of 
the 48 amendment propositions were 
rejected by the voters - a failure rate 
of nearly 43%. Between 1933 and 



North Carolina State Government 67 

1968, only seven of 49 proposed create the North Carolina State 
amendments were rejected by the Constitution Study Commission as a 
voters - a failure rate of only 14.3%. joint agency of the two organizations. 
After the amendments of the The 25 members of that commission 
early 1960's, the pressure for consti- (fifteen attorneys and ten laymen) 
tutional change subsided. Yet, while were chosen by a steering committee 
an increasingly frequently used representative of the sponsoring 
amendment process had relieved organizations. The Chairman of the 
many of the pressures that otherwise Commission was former state Chief 
would have strengthened the case for Justice Emery B. Denny, 
constitutional reform, it had not kept The State Constitution Study 
the Constitution current in all Commission worked throughout 
respects. Constitutional amendments most of 1968. It became clear early in 
usually were drafted in response to the course of its proceedings that the 
particular problems experienced or amendments the Commission wished 
anticipated and generally they were to propose were too numerous to be 
limited in scope so as to achieve the submitted to the voters as indepen- 
essential goal, while arousing mini- dent propositions. On the other 
mum unnecessary opposition. Thus hand, the Commission did not wish 
amendments sometimes were not as to embody all of its proposed changes 
comprehensive as they should have in a single document, to be approved 
been to avoid inconsistency in result, or disapproved by the voters on a 
Obsolete and invalid provisions had single vote. The compromise proce- 
been allowed to remain in the dure developed by the Commission 
Constitution to mislead the unwary and approved by the General 
reader. Moreover, in the absence of a Assembly was a blend of the two 
comprehensive reappraisal, there approaches. The Commission corn- 
had been no recent occasion to recon- bined in a revised text of the 
sider constitutional provisions that Constitution all of the extensive edi- 
might be obsolescent but might not torial changes that it thought should 
have proved so frustrating or unpop- be made in the Constitution, togeth- 
ular in their effect as to provoke er with such substantive changes as 
curative amendments. the Commission deemed not to be 

controversial or fundamental in 
nature. These were embodied in the 

The Constitutional Study document that came to be known as 

Commission of 1967 the Constitution of 1971. Those pro- 
posals for change that were deemed 

It was perhaps for these reasons to be sufficiently fundamental or 

that when Governor Dan K. Moore potentially controversial in character 

recommended to the North Carolina as to justify it, the Commission set 

State Bar in the fall of 1967 that it out as independent amendment 

take the lead in making a study of propositions, to be considered by the 

the need for revision of the State General Assembly and by the voters 

Constitution, the response was of the State on their independent 

prompt and affirmative. The North merits. Thus the opposition to the 

Carolina State Bar and the North latter proposals would not be cumu- 

Carolina Bar Association joined to lated. The separate proposals framed 



68 North Carolina Manual 

by the Commission were ten in num- test repeal was rejected, 
ber, including one extensive revision The Constitution of 1971 took 
of the finance article of the effect under its own terms on July 1, 
Constitution which was largely the 1971 (hence its designation as the 
work of the Local Government Study "Constitution of 1971"). So did the 
Commission, a legislatively-estab- executive reorganization amend- 
lished group then at work on the ment, the income tax amendment, 
revision of constitutional and statu- the escheats amendment, and the 
tory provisions with respect to local amendment with respect to extra 
government. The amendments were legislative sessions, all of which 
so drafted that any number or combi- amended the Constitution of 1971 at 
nation of them might be ratified by the instant it took effect. The finance 
the voters and yet produce a consis- amendment, which made extensive 
tent result. revisions in the Constitution of 1971 
The General Assembly of 1969, with respect to debt and local taxa- 
to which the recommendations of the tion, took effect on July 1, 1973. The 
State Constitution Study Commission two-year delay in its effective date 
were submitted, received a total of was occasioned by the necessity to 
28 proposals for constitutional conform state statutes with respect 
amendments. Constitutional revision to local government finance to the 
was an active subject of interest terms of the amendment, 
throughout the session. The pro- The Constitution of 1971, the 
posed Constitution of 1971, in the State Constitution Study Commission 
course of seven roll-call votes (four in stated in its report recommending its 
the House and three in the Senate), adoption, effects a general editorial 
received only one negative vote. The revision of the constitution... The 
independent amendments fared vari- deletions, reorganizations, and 
ously; ultimately six were approved improvements in the clarity and con- 
by the General Assembly and sub- sistency of language will be found in 
mitted to the voters. These were the the proposed constitution. Some of 
executive reorganization amend- the changes are substantive, but 
ment, the finance amendment, an none is calculated to impair any pre- 
amendment to the income tax provi- sent right of the individual citizen or 
sion of the Constitution, a reassign- to bring about any fundamental 
ment of the benefits of the escheats, change in the power of state and 
authorization for calling extra leg- local government or the distribution 
islative sessions on the petition of of that power. 

members of the General Assembly, In the new Constitution, the old 

and abolition of the literacy test for fourteen-article organization of the 

voting. All but the last two of these Constitution was retained, but the 

amendments had been recommended contents of several articles — notably 

by the State Constitution Study Articles I, II, III, V, IX, and X - were 

Commission. At the election held on rearranged in a more logical 

November 3, 1970, the proposed sequence. Sections were shifted from 

Constitution of 1971 was approved one article to another to make a 

by a vote of 393,759 to 251,132. Five more logical subject matter arrange- 

of the six separate amendments were ment. Clearly obsolete and erroneous 

approved by the voters; the literacy information were omitted, as were 



North Carolina State Government 69 

provisions essentially legislative in Governor's eligibility or term, or in 

character. Uniformity of expression the list of state executives previously 

was sought where uniformity of elected by the people. To the Council 

meaning was important. Directness of State (formerly seven elected exec- 

and currency of language were also utives with the Governor as presid- 

sought, together with standardiza- ing officer) were added the Governor, 

tion in spelling, punctuation, capital- Lieutenant Governor, and Attorney 

ization, and other essentially editori- General as ex-officio members, 

al matters. Greater brevity of the Having been entirely rewritten 

Constitution as a whole was a by- in 1962, the judicial article (Article 

product of the revision, though not IV) was the subject of little editorial 

itself a primary objective. alteration and of no substantive 

The Declaration of Rights change. 
(Article I), which dates from 1776 The editorial amendments to 
with some 1868 additions, was Article V, dealing with finance and 
retained with a few additions. The taxation, were extensive. Provisions 
organization of the article was concerning finance were transferred 
improved and the frequently used to it from four other articles. The for- 
subjunctive mood was replaced by mer finance provisions were expand- 
the imperative in order to make clear ed in some instances to make clearer 
that the provisions of that article are the meaning of excessively con- 
commands and not mere admoni- densed provisions. The only substan- 
tions. (For example, "All elections tive change of note gave a wife who 
ought to be free" became "All elec- is the primary wage-earner in the 
tions shall be free.") To the article family the same constitutionally 
were added a guarantee of freedom guaranteed income tax exemption 
of speech, a guarantee of equal pro- now granted a husband who is the 
tection of the laws, and a prohibition chief wage-earner; she already had 
against exclusion from jury service that benefit under statute, 
or other discrimination by the State The revision of Article VI (voting 
on the basis of race or religion. Since and elections) added out-of-state and 
all of the rights newly expressed in federal felonies to felonies committed 
the Constitution of 1971 were against the State of North Carolina 
already guaranteed by the United as grounds for denial of voting and 
States Constitution, their inclusion office-holding rights in this State, 
simply constituted an explicit recog- The General Assembly was directed 
nition by the State of their impor- to enact general laws governing 
tance. voter registration. 

In the course of reorganizing and The provision that has been 
abbreviating Article III (the interpreted to mean that only voters 
Executive), the Governor's role as can hold office was modified to limit 
chief executive was brought into its application to popularly elective 
clear focus. The scattered statements offices only; thus it is left to the legis- 
of the Governor's duties were collect- lature to determine whether one 
ed in one section to which was added must be a voter in order to hold an 
a brief statement of his budget pow- appointive office, 
ers, formerly merely statutory in ori- The Constitution of 1971 pro- 
gin. No change was made in the hibits the concurrent holding of two 



70 North Carolina Manual 

or more elective state offices or of a vote of approval. It was made 

federal office and an elective state mandatory (it was formerly permis- 

office. It expressly prohibits the con- sive) that the General Assembly 

current holding of any two or more require school attendance, 
appointive offices or places of trust or The Superintendent of Public 

profit, or of any combination of elec- Instruction was eliminated as a vot- 

tive and appointive offices or places ing member of the State Board of 

of trust or profit, except as the Education but retained as the 

General Assembly may allow by gen- Board's secretary. He was replaced 

eral law. with an additional at-large 

The power to provide for local appointee. A potential conflict of 
government remains in the legisla- authority between the 
ture, confining the constitutional Superintendent and the Board (both 
provisions on the subject to a general of which previously had constitution- 
description of the General al authority to administer the public 
Assembly's plenary authority over schools) was eliminated by making 
local government, a declaration that the Superintendent the chief admin- 
any unit formed by the merger of a istrative officer of the Board, which 
city and a county should be deemed is to supervise and administer the 
both a city and a county for constitu- schools. 

tional purposes, and a section retain- The provisions with respect to 

ing the sheriff as an elective county the state and county school funds 

officer. were retained with only minor edito- 

The education article (Article IX) rial modifications. Fines, penalties, 
was rearranged to improve upon the and forfeitures continue to be ear- 
former hodge-podge treatment of marked for the county school fund, 
public schools and higher education, The former provisions dealing 
obsolete provisions (especially those with The University of North 
pertaining to racial matters) were Carolina were broadened into a 
eliminated, and other changes were statement of the General Assembly's 
made to reflect current practice in duty to maintain a system of higher 
the administration and financing of education, 
schools. The General Assembly was autho- 

The constitutionally-mandated rized by the changes made in Article X 
school term was extended from six (Homesteads and Exemptions) to set 
months (set in 1918) to a minimum the amounts of the personal property 
of nine months (where it was fixed by exemption and the homestead exemp- 
statute many years earlier). The pos- tion (constitutionally fixed at $500 and 
sibly restrictive age limits on tuition- $1,000 respectively since 1868) at 
free public schooling were removed, what it considers to be reasonable lev- 
Units of local government to which els, with the constitutional figures 
the General Assembly assigns a being treated as minimums. The provi- 
share of responsibility for financing sion protecting the rights of married 
public education were authorized to women to deal with their own property 
finance from local revenues educa- was left untouched. The protection 
tion programs, including both public given life insurance taken out for the 
schools and technical institutes and benefit of dependents was broadened, 
community colleges, without a popular The provisions prescribing the 



North Carolina State Government 



71 



permissible punishments for crime 
and limiting the crimes punishable 
by death (Article XI) were left essen- 
tially intact. 

The procedures for constitutional 
revision (Article XIII) were made 
more explicit. 

The five constitutional amend- 
ments ratified at the same time as 
the Constitution of 1971 deserve 
particular mention. 

The Constitutional 
Amendments of 1970-71 

By the end of the 1960's, North 
Carolina state government consisted 
of over 200 state administrative 
agencies. The State Constitutional 
Study Commission concluded on the 
advice of witnesses who had tried it 
that no governor could effectively 
oversee an administrative apparatus 
of such disjointed complexity. The 
Commission's solution was an 
amendment, patterned after the 
Model State Constitution and the 
constitutions of a few other states, 
requiring the General Assembly to 
reduce the number of administrative 
departments to not more than 25 by 
1975, and to give the Governor 
authority to effect agency reorgani- 
zations and consolidations, subject to 
disapproval by action of either house 
of the legislature if the changes 
affected existing statutes. 

The second separate constitu- 
tional amendment ratified in 1970 
supplemented the existing authority 
of the Governor to call extra sessions 
of the General Assembly with the 
advice of the Council of State. The 
amendment provides that on written 
request of three-fifths of all the mem- 
bers of each house, the President of 
the Senate and the Speaker of the 



House of Representatives shall con- 
vene an extra session of the General 
Assembly. Thus the legislative branch 
is now able to convene itself, notwith- 
standing the contrary wishes of the 
Governor. 

The most significant of the sepa- 
rate amendments, and in some ways 
the most important, is the Finance 
Amendment. This amendment, rati- 
fied in 1970 and effective July 1, 
1973, is especially important in the 
financing of local government. Its 
principal provisions are as follows: 

(1) All forms of capitation or poll tax 

were prohibited. 

(2) The General Assembly was 
authorized to enact laws empow- 
ering counties, cities, and towns 
to establish special taxing dis- 
tricts less extensive in area than 
the entire county or city in order 
to finance the provision within 
those special districts of a higher 
level of governmental service 
than is available in the unit at 
large, either by supplementing 
existing services or providing 
services not otherwise available. 
That provision eliminated the 
previous necessity of creating a 
new, independent governmental 
unit to accomplish the same 
result. 

(3) For a century, the Constitution 
required that the levying of taxes 
and the borrowing of money by 
local government be approved by 
a vote of the people of the unit, 
unless the money was to be used 
for a "necessary expense." The 
court, not the General Assembly, 
was the final arbiter of what was 
a "necessary expense," and the 
State Supreme Court took a 
rather restrictive view of that 
concept. The determination of 



72 



North Carolina Manual 



what types of public expendi- 
tures should require voter 
approval and what types should 
be made by a governing board on 
its own authority was found by 
the General Assembly to be a leg- 
islative and not a judicial matter. 
In that conviction, the finance 
amendment provided that the 
General Assembly, acting on a 
uniform, statewide basis, should 
make the final determination of 
whether voter approval must be 
had for the levy of property taxes 
or the borrowing of money to 
finance particular activities of 
local government. 

(4) To facilitate governmental and 
private cooperative endeavors, 
the state and local governmental 
units were authorized by the 
amendment to enter into con- 
tracts with and appropriate 
money to private entities "for the 
accomplishment of public purpos- 
es only." 

(5) The various forms of public finan- 

cial obligations were more pre- 
cisely defined than in the previ- 
ous constitution, with the gener- 
al effect of requiring voter 
approval only for the issuance of 
general obligation bonds and 
notes or for governmental guar- 
antees of the debts of private per- 
sons or organizations. The 
General Assembly was directed 
to regulate by general law (per- 
mitting classified but not local 
acts) the contracting of debt by 
local governments. 

(6) The amendments retained the 
existing limitation that the state 
and local governments may not, 
without voter approval, borrow 
more than the equivalent of two- 
thirds of the amount by which 
the unit's indebtedness was 



reduced during the last fiscal 
period, except for purposes listed 
in the Constitution. This list was 
lengthened to include "emergen- 
cies immediately threatening 
public health or safety." 
(7) No change was made in the provi- 
sions with respect to the classifi- 
cation and exemption of property 
for purposes of property taxation. 
The limitation of 200 on the $100 
valuation previously imposed on 
the general county property tax 
was omitted. 

The fourth independent amend- 
ment also dealt with taxation. It 
struck out a schedule of specified 
minimum exemptions from the con- 
stitutional provision on the state 
income tax, leaving those exemptions 
to be fixed by the General Assembly. 
This change enabled the legislature 
to provide for the filing of joint tax 
returns by husbands and wives and 
to adopt a "piggyback" state income 
tax to be computed on the same basis 
as the federal income tax, thus 
relieving the taxpayer of two sets of 
computations. The amendment 
retains the maximum tax rate at ten 
per cent. 

The final amendment ratified in 
1970 assigned the benefits of proper- 
ty escheating to the State for want of 
an heir or other lawful claimant to a 
special funds, to be available to help 
needy North Carolina students 
attending public institutions of high- 
er education in the State. Property 
escheating prior to July 1, 1971, con- 
tinues to be held by The University 
of North Carolina. 

The one amendment defeated by 
the voters in 1970 would have 
repealed the state constitutional 
requirement that in order to register 
as a voter, one must be able to read 



North Carolina State Government 73 

and write the English language, two-year terms. The Constitution of 

That requirement was already inef- 1868 extended the Governor's term 

fective by virtue of federal legislation to four years but prohibited the 

and therefore the failure of repeal Governor and Lieutenant Governor 

had no practical effect. from serving successive four-year 

The General Assembly of 1971 terms of the same office. The 1971 

submitted to the voters five state Constitution retained this limitation, 

constitutional amendments, all of An amendment to empower the vot- 

which were ratified by the voters on ers to elect both the Governor and 

November 7, 1972. These amend- Lieutenant Governor to two succes- 

ments set the constitutionally-speci- sive terms of the same office was 

fied voting age at 18 years, required submitted by the 1977 General 

the General Assembly to set maxi- Assembly and ratified by the voters 

mum age limits for service as jus- on November 8, 1977. Four other 

tices and judges of the state courts, amendments were approved by the 

authorized the General Assembly to voters at the same time. They 

prescribe procedures for the censure required that the State operate on a 

and removal of state judges and jus- balanced budget at all times, extend- 

tices, added to the Constitution a ed to widowers (as well as to widows) 

statement of policy with regard to the benefit of the homestead exemp- 

the conservation and the protection tion, allowed a woman (as well as a 

of natural resources, and limited the man) to insure her life for the benefit 

authority of the General Assembly to of her spouse or children free from 

incorporate cities and towns within all claims of the insured's creditors 

close proximity to existing munici- or of her (or his) estate, and autho- 

palities. rized municipalities owning or oper- 

The General Assembly at its ating electric power facilities to do so 
1973 session submitted and the vot- jointly with other public or private 
ers in 1974 approved an amendment power organizations and to issue 
changing the title of the Solicitor to electric system revenue bonds to 
that of District Attorney. The 1974 finance such facilities, 
legislative session submitted an Only one amendment was pro- 
amendment authorizing the issuance posed by the General Assembly of 
by state or county governments of 1979. Approved by the voters in 
revenue bonds to finance industrial 1980, it required that all justices and 
facilities, which the voters rejected. judges of the State courts be licensed 

In 1975, the General Assembly lawyers as a condition of election or 

submitted two amendments autho- appointment to the bench, 

rizing legislation to permit the The 1981 session of the General 

issuance of revenue bonds (1) by Assembly sent five amendments to 

state and local governments to the voters for decision on June 29, 

finance health care facilities and (2) 1982. The two amendments ratified 

by counties to finance industrial by the voters authorized the General 

facilities. Both received voter Assembly (1) to provide for the recall 

approval on March 23, 1976. of retired State Supreme Court 

The constitutional amendments Justices and Court of Appeals 

of 1835 had permitted the voters to Judges to temporary duty on either 

elect a Governor for two successive court and (2) to empower the 



74 North Carolina Manual 

Supreme Court to review direct rejected it on May 6, 1986. An 
appeals from the Utilities amendment to revert to the pre-1977 
Commission. The voters rejected constitutional policy that barred the 
amendments (1) extending the terms Governor and Lieutenant Governor 
of all members of the General from election to two successive terms 
Assembly from two to four years; (2) of the same office was proposed by 
authorizing the General Assembly to the 1985 legislative session for a pop- 
empower public agencies to develop ular vote on November 4, 1986, but 
new and existing seaports and air- in the meantime the 1986 adjourned 
ports, and to finance and refinance session repealed the act proposing 
seaport, airport, and related com- the amendment. 

mercial and industrial facilities for In mid- 1986, the General 
public and private parties; and (3) Assembly at its adjourned session 
authorizing the General Assembly to voted to send to the voters three con- 
empower a State agency to issue stitutional amendments, all three of 
bonds to finance facilities for private which were approved on November 
institutions of higher education. 4, 1986. They (1) authorized legisla- 

At its 1982 session, the General tion enabling state and local govern- 

Assembly submitted two amend- ments to develop seaports and air- 

ments. On November 2, 1982, the ports and to participate jointly with 

electorate ratified an amendment other public agencies and with pri- 

shifting the beginning of legislative vate parties and issue revenue bonds 

terms from the date of election to for that purpose; (2) authorized the 

January 1 next after the election, State to issue tax-exempt revenue 

and rejected an amendment permit- bonds to finance or refinance private 

ting the issuance of tax-increment college facilities; and (3) provided 

bonds without voter approval. that when a vacancy occurs among 

On May 8, 1984, the voters rati- the eight elected state executive offi- 

fied an amendment submitted by the cers (not including the Governor and 

General Assembly of 1983 to autho- Lieutenant Governor) or the elected 

rize the General Assembly to create judges and justices more than 60 

an agency to issue revenue bonds to days (it had been 30 days) before a 

finance agricultural facilities. And on general election, the vacancy must be 

November 6, 1984, the voters filled at that election, 

approved an amendment requiring Neither the General Assembly of 

that the Attorney General and all 1987-88 nor the General Assembly of 

District Attorneys be licensed 1989 submitted a constitutional 

lawyers as a condition of election or amendment to the voters, 

appointment. EDITOR'S NOTE: One addition- 

An amendment to shift the elec- al constitutional amendment has 

tions for state legislative, executive, been submitted to the voters. This 

and judicial officers and for county amendment, permitting the General 

officers from even-numbered to odd- Assembly to issue bonds without a 

numbered years (beginning in 1989 referendum to finance public projects 

for legislators and 1993 for associated with private industrial 

Governors and other state execu- and commercial economic develop- 

tives) was submitted by the General ment projects, was defeated by the 

Assembly of 1985 to the voters, who voters on November 2, 1993. 



North Carolina State Government 75 

Conclusion doubtful of the reliability of later 

generations of legislators that they 

The people of North Carolina found it necessary to write into the 

have treated their constitution with Constitution the large amount of reg- 

conservatism and respect. The fact ulatory detail often found in state 

that we have adopted only three con- constitutions. Delegates to constitu- 

stitutions in two centuries of exis- tional conventions and members of 

tence as a state is the chief evidence the General Assembly have acted 

of that attitude. (Some states have consistently with the advice of the 

adopted as many as five or ten con- late John J. Parker, Chief Judge of 

stitutions in a like period), the United States Court of Appeals 

Furthermore, the relative small for the Fourth Circuit (1925-58), who 

number of amendments, even in observed: 

recent years, is another point of con- The purpose of a state constitu- 
trast to many states. It reflects the tion is two-fold: (1) to protect the 
fact that North Carolina has been rights of the individual from 
less disposed than have many states encroachment by the State; and (2) 
to write into its state constitution to provide a framework of govern- 
detailed provisions with respect to ment for the State and its subdivi- 
transitory matters better left to leg- sions. It is not the function of a con- 
islation. The Constitution has stitution to deal with temporary con- 
allowed the General Assembly wide ditions, but to lay down general prin- 
latitude for decision on public affairs, ciples of government which must be 
and legislators have been willing to observed amid changing conditions, 
accept responsibility for and act on It follows, then, that a constitution 
matters within their authority should not contain elaborate legisla- 
instead of passing the responsibility tive provisions, but should lay down 
for difficult decisions on to the voters briefly and clearly fundamental prin- 
in the form of constitutional amend- ciples upon which government shall 
ments. proceed, leaving it to the people's 

Constitutional draftsmen have representatives to apply these princi- 

not been so convinced of their own pies through legislative to conditions 

exclusive hold on wisdom or so as they arise. 



76 North Carolina Manual 



CONSTITUTION OF NORTH CAROLINA 

PREAMBLE 

We, the people of the State of North Carolina, grateful to Almighty 
God, the Sovereign Ruler of Nations, for the preservation of the 
American Union and the existence of our civil, political and religious 
liberties, and acknowledging our dependence upon Him for the contin- 
uance of those blessings to us and our posterity, do, for the more cer- 
tain security thereof and for the better government of this State, 
ordain and establish this Constitution. 

ARTICLE I 
DECLARATION OF RIGHTS 

That the great, general, and essential principles of liberty and free gov- 
ernment may be recognized and established, and that the relations of this 
State to the Union and government of the United States and those of the peo- 
ple of this State to the rest of the American people may be defined and 
affirmed, we do declare that: 

Section 1. The equality and rights of persons. We hold it to be self-evident 
that all persons are created equal; that they are endowed by their Creator 
with certain inalienable rights; that among these are life, liberty, the enjoy- 
ment of the fruits of their own labor, and the pursuit of happiness. 

Sec. 2. Sovereignty of the people. All political power is vested in and 
derived from the people; all government of right originates from the people, 
is founded upon their will only, and is instituted solely for the good of the 
whole. 

Sec. 3. Internal government of the State. The people of this State have the 
inherent, sole, and exclusive right of regulating the internal government and 
police thereof, and of altering or abolishing their Constitution and form of 
government whenever it may be necessary to their safety and happiness; but 
every such right shall be exercised in pursuance of law and consistently with 
the Constitution of the United States. 

Sec. 4. Secession prohibited. This State shall ever remain a member of 
the American Union; the people thereof are part of the American nation; 
there is no right on the part of this State to secede; and all attempts, from 
whatever source or upon whatever pretext, to dissolve this Union or to sever 
this Nation, shall be resisted with the whole power of the State. 

Sec. 5. Allegiance to the United States. Every citizen of this state owes 
paramount allegiance to the Constitution and government of the United 
States, and no law or ordinance of the State in contravention or subversion 
thereof can have any binding force. 



The North Carolina Constitution 77 

Sec. 6. Separation of powers. The legislative, executive, and supreme 
judicial powers of the State government shall be forever separate and dis- 
tinct from each other. 

Sec. 7. Suspending laws. All power of suspending laws or the execution of 
laws by any authority, without the consent of the representatives of the peo- 
ple, is injurious to their rights and shall not be exercised. 

Sec. 8. Representation and taxation. The people of this State shall not be 
taxed or made subject to the payment of any impost or duty without the con- 
sent of themselves or their representatives in the General Assembly, freely 
given. 

Sec. 9. Frequent elections. For redress or grievances and for amending 
and strengthening the laws, elections shall be often held. 

Sec. 10. Free elections. All elections shall be free. 

Sec. 11. Property qualifications. As political rights and privileges are not 
dependent upon or modified by property, no property qualification shall 
affect the right to vote or hold office. 

Sec. 12. Right of assembly and petition. The people have a right to assem- 
ble together to consult for their common good, to instruct their representa- 
tives, and to apply to the General Assembly for redress of grievances; but 
secret political societies are dangerous to the liberties of a free people and 
shall not be tolerated. 

Sec. 13. Religious liberty. All persons have a natural and inalienable 
right to worship Almighty God according to the dictates of their own con- 
sciences, and no human authority shall, in any case whatever, control or 
interfere with the rights of conscience. 

Sec. 14. Freedom of speech and press. Freedom of speech and of the press 
are two of the great bulwarks of liberty and therefore shall never be 
restrained, but every person shall be held responsible for their abuse. 

Sec. 15. Education. The people have a right to the privilege of education, 
and it is the duty of the State to guard and maintain that right. 

Sec. 16. Ex post facto laws. Retrospective laws, punishing acts committed 
before the existence of such laws and by them only declared criminal, are 
oppressive, unjust, and incompatible with liberty, and therefore no ex post 
facto law shall be enacted. No law taxing retrospectively sales, purchases, or 
other acts previously done shall be enacted. 

Sec. 17. Slavery and involuntary servitude. Slavery is forever prohibited. 
Involuntary servitude, except as a punishment for crime whereof the parties 
have been adjudged guilty, is forever prohibited. 

Sec. 18. Courts shall be open. All courts shall be open; every person for an 
injury done him in his lands, goods, person, or reputation shall have remedy 
by due course of law; and right and justice shall be administered without 
favor, denial, or delay. 

Sec. 19. Law of the land; equal protection of the laws. No person shall be 
taken, imprisoned, or disseized of his freehold, liberties, or privileges, or out- 
lawed, or exiled, or in any manner deprived of his life, liberty, or properly, 
but by the law of the land. No person shall be denied the equal protection of 
the laws; nor shall any person be subjected to discrimination by the State 
because of race, color, religion, or national origin. 



78 North Carolina Manual 

Sec. 20. General warrants. General warrants, whereby an officer or other 
person may be commanded to search suspected places without evidence of 
the act committed, or to seize any person or persons not named, whose 
offense is not particularly described and supported by evidence, are danger- 
ous to liberty and shall not be granted. 

Sec. 21. Inquiry into restraints on liberty. Every person restrained of his 
liberty is entitled to a remedy to inquire into the lawfulness thereof, and to 
remove the restraint if unlawful, and that remedy shall not be denied or 
delayed. The privilege of the writ of habeas corpus shall not be suspended. 

Sec. 22. Modes of prosecution. Except in misdemeanor cases initiated in 
the District Court Division, no person shall be put to answer any criminal 
charge but by indictment, presentment, or impeachment. But any person, 
when represented by counsel, may, under such regulations as the General 
Assembly shall prescribe, waive indictment in non-capital cases. 

Sec. 23. Rights of accused. In all criminal prosecutions, every person 
charged with crime has the right to be informed of the accusation and to con- 
front the accusers and witnesses with other testimony, and to have counsel 
for defense, and not be compelled to give self-incriminating evidence, or to 
pay costs, jail fees, or necessary witness fees of the defense, unless found 
guilty. 

Sec. 24. Right of jury trial in criminal cases. No person shall be convicted 
of any crime but by the unanimous verdict of a jury in open court. The 
General Assembly may, however, provide for other means of trial for misde- 
meanors, with the right of appeal for trial de novo. 

Sec. 25. Right of jury trial in civil cases. In all controversies at law 
respecting property, the ancient mode of trial by jury is one of the best secu- 
rities of the rights of the people, and shall remain sacred and inviolable. 

Sec. 26. Jury service. No person shall be excluded from jury service on 
account of sex, race, color, religion, or national origin. 

Sec. 27. Bail, fines, and punishments. Excessive bail shall not be 
required, nor excessive fines imposed, nor cruel or unusual punishments 
inflicted. 

Sec. 28. Imprisonment for debt. There shall be no imprisonment for debt 
in this State, except in cases of fraud. 

Sec. 29. Treason against the State. Treason against the State shall con- 
sist only of levying war against it or adhering to its enemies by giving them 
aid and comfort. No person shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act, or on confession in open court. 
No conviction of treason or attainder shall work corruption of blood or forfei- 
ture. 

Sec. 30. Militia and the right to bear arms. A well regulated militia being 
necessary to the security of a free State, the right of the people to keep and 
bear arms shall not be infringed; and, as standing armies in time of peace 
are dangerous to liberty, they shall not be maintained, and the military shall 
be kept under strict subordination to, and governed by, the civil power. 
Nothing herein shall justify the practice of carrying concealed weapons, or 
prevent the General Assembly from enacting penal statutes against that 
practice. 



The North Carolina Constitution 79 

Sec. 31. Quartering of soldiers. No soldier shall in time of peace be quar- 
tered in any house without the consent of the owner, nor in time of war but 
in a manner prescribed by law. 

Sec. 32. Exclusive emoluments. No person or set of persons is entitled to 
exclusive or separate emoluments or privileges from the community but in 
consideration of public services. 

Sec. 33. Hereditary emoluments and honors. No hereditary emoluments, 
privileges, or honors shall be granted or conferred in this State. 

Sec. 34. Perpetuities and monopolies. Perpetuities and monopolies are 
contrary to the genius of a free state and shall not be allowed. 

Sec. 35. Recurrence to fundamental principals. A frequent recurrence to 
fundamental principles is absolutely necessary to preserve the blessings of 
liberty. 

Sec. 36. Other rights of the people. The enumeration of rights in this 
Article shall not be construed to impair or deny others retained by the people. 

ARTICLE II 
LEGISLATIVE 

Section 1. Legislative power. The legislative power of the State shall be 
vested in the General Assembly, which shall consist of a Senate and a House 
of Representatives. 

Sec. 2. Number of Senators. The Senate shall be composed of 50 Senators, 
biennially chosen by ballot. 

Sec. 3. Senate districts: apportionment of Senators. The Senators shall be 
elected from districts. The General Assembly, at the first regular session con- 
vening after the return of every decennial census of population taken by 
order of Congress, shall revise the senate districts and the apportionment of 
Senators among those districts, subject to the following requirements: 

(1) Each Senator shall represent, as nearly as may be, an equal number 
of inhabitants, the number of inhabitants that each Senator represents being 
determined for this purpose by dividing the population of the district that he 
represents by the number of Senators apportioned to that district; 

(2) Each senate district shall at all times consist of contiguous territory; 

(3) No county shall be divided in the formation of a senate district; 

(4) When established, the senate districts and the apportionment of 
Senators shall remain unaltered until the return of another decennial census 
of population taken by order of Congress. 

Sec. 4. Number of Representatives. The House of Representatives shall be 
composed of 120 Representatives, biennially chosen by ballot. 

Sec. 5. Representative districts; apportionment of Representatives. The 
Representatives shall be elected from districts. The General Assembly, at the 
first regular session convening after the return of every decennial census of 
population taken by order of Congress, shall revise the representative dis- 
tricts and the apportionment of Representatives among those districts, sub- 
ject to the following requirements: 

(1) Each Representative shall represent, as nearly as may be, an equal 
number of inhabitants, the number of inhabitants that each 



80 North Carolina Manual 

Representative represents being determined for this purpose by 
dividing the population of the district that he represents by the num- 
ber of Representatives apportioned to that district; 

(2) Each representative district shall at all times consist of contiguous 
territory; 

(3) No county shall be divided in the formation of a representative dis- 
trict; 

(4) When established, the representative districts and the apportionment 

of Representatives shall remain unaltered until the return of another 
decennial census of population taken by order of Congress. 

Sec. 6. Qualifications for Senator. Each Senator, at the time of his elec- 
tion, shall be not less than 25 years of age, shall be a qualified voter of the 
State, and shall have resided in the State as a citizen for two years and in 
the district for which he is chosen for one year immediately preceding his 
election. 

Sec. 7. Qualifications for Representative. Each Representative, at the 
time of his election, shall be a qualified voter of the State, and shall have 
resided in the district for which he is chosen for one year immediately pre- 
ceding his election. 

Sec. 8. Elections. The election for members of the General Assembly shall 
be held for the respective districts in 1972 and every two years thereafter, at 
the places and on the day prescribed by law. 

Sec. 9. Term of office. The term of office of Senators and Representatives 
shall commence on the first day of January next after their election. 

Sec. 10. Vacancies. Every vacancy occurring in the membership of the 
General Assembly by reason of death, resignation, or other cause shall be 
filled in the manner prescribed by law. 

Sec. 11. Sessions. 

(1) Regular Sessions. The General Assembly shall meet in regular ses- 
sion in 1973 and every two years thereafter on the day prescribed by 
law. Neither house shall proceed upon public business unless a 
majority of all of its members are actually present. 

(2) Extra sessions on legislative call. The President of the Senate and the 

Speaker of the House of Representatives shall convene the General 
Assembly in extra session by their joint proclamation upon receipt by 
the President of the Senate of written requests therefore signed by 
three-fifths of all the members of the Senate and upon receipt by the 
Speaker of the House of Representatives of written requests there- 
fore signed by three-fifths of all the members of the House of 
Representatives. 
Sec. 12. Oath of members. Each member of the General Assembly, before 
taking his seat, shall take an oath or affirmation that he will support the 
Constitution and laws of the United States and the Constitution of the State 
of North Carolina, and will faithfully discharge his duty as a member of the 
Senate or House of Representatives. 

Sec. 13. President of the Senate. The Lieutenant Governor shall be 
President of the Senate and shall preside over the Senate, but shall have no 
vote unless the Senate is equally divided. 



The North Carolina Constitution 81 

Sec. 14. Other officers of the Senate. 

(1) President Pro Tempore - succession to presidency. The Senate shall 
elect from its membership a President Pro Tempore, who shall 
become President of the Senate upon the failure of the Lieutenant 
Governor-elect to qualify, or upon succession by the Lieutenant 
Governor to the office of Governor, or upon the death, resignation, or 
removal from office of the President of the Senate, and who shall 
serve until the expiration of this term of office as Senator. 

(2) President Pro Tempore - temporary succession. During the physical or 

mental incapacity of the President of the Senate to perform the 
duties of his office, or during the absence of the President of the 
Senate, the President Pro Tempore shall preside over the Senate. 

(3) Other Officers. The Senate shall elect its other officers. 

Sec. 15. Officers of the House of Representatives. The House of 
Representatives shall elect its Speaker and other officers. 

Sec. 16. Compensation and allowances. The members and officers of the 
General Assembly shall receive for their services the compensation and 
allowances prescribed by law. An increase in the compensation or allowances 
of members shall become effective at the beginning of the next regular ses- 
sion of the General Assembly following the session at which it was enacted. 

Sec. 17. Journals. Each house shall keep a journal of its proceedings 
which shall be printed and made public immediately after the adjournment 
of the General Assembly. 

Sec. 18. Protests. Any member of either house may dissent from and 
protest against any act or resolve which he may think injurious to the public 
or to any individual, and have the reasons of his dissent entered on the jour- 
nal. 

Sec. 19. Record votes. Upon motion made in either house and seconded by 
one fifth of the members present, the yeas and nays upon any question shall 
be taken and entered upon the journal. 

Sec. 20. Powers of the General Assembly. Each house shall be judge of the 
qualifications and elections of its own members, shall sit upon its own 
adjournment from day to day, and shall prepare bills to be enacted into laws. 
The two houses may jointly adjourn to any future day or other place. Either 
house may, of its own motion, adjourn for a period not in excess of three 
days. 

Sec. 21. Style of the acts. The style of the acts shall be: "The General 
Assembly of North Carolina enacts:". 

Sec. 22. Action on bills. All bills and resolutions of a legislative nature 
shall be read three times in each house before they become laws, and shall be 
signed by the presiding officer of both houses. 

Sec. 23. Revenue bills. No laws shall be enacted to raise money on the 
credit of the State, or to pledge the faith of the State directly or indirectly for 
the payment of any debt, or to impose any tax upon the people of the State, 
or to allow the counties, cities, or towns to do so, unless the bill for the pur- 
pose shall have been read through several times in each house of the General 
Assembly, which readings shall have been on three different days, and shall 
have been agreed to by each house respectively, and unless the yeas and 



82 North Carolina Manual 

nays on the second and third readings of the bill shall have been entered on 
the journal. 

Sec. 24. Limitations on local, private, and special legislation. 

(1) Prohibited subjects. The General Assembly shall not enact any local, 
private, or special act or resolution: 

(a) Relating to health, sanitation, and the abatement of nuisances; 

(b) Changing the names of cities, towns, and townships; 

(c) Authorizing the laying out, opening, altering, maintaining, or dis- 

continuing of highways, streets, or alleys; 

(d) Relating to ferries or bridges; 

(e) Relating to non-navigable streams; 

(f) Relating to cemeteries; 

(g) Relating to pay of jurors; 

(h) Erecting new townships, or changing township lines, or establish- 
ing or changing the lines of school districts; 

(i) Remitting fines, penalties, and forfeitures, or refunding moneys 
legally paid into the public treasury; 

(j) Regulating labor, trade, mining, or manufacturing; 

(k) Extending the time for the levy or collection of taxes or otherwise 
relieving any collector of taxes from the due performance of his 
official duties or his sureties from liability; 

(1) Giving effect to informal wills and deeds; 

(m) Granting a divorce or securing alimony in any individual case; 

(n) Altering the name of any person, or legitimating any person not 
born in lawful wedlock, or restoring to the rights of citizenship 
any person convicted of a felony. 

(2) Repeals. Nor shall the General Assembly enact any such local, pri- 
vate, or special act by partial repeal of a general law; but the General 
Assembly may at any time repeal local, private, or special laws enact- 
ed by it. 

(3) Prohibited acts void. Any local, private, or special act or resolution 
enacted in violation of the provisions of this Section shall be void. 

(4) General laws. The General Assembly may enact general laws regulat- 

ing the matters set out in this Section. 

ARTICLE III 
EXECUTIVE 

Section 1. Executive power. The executive power of the State shall be 
vested in the Governor. 

Sec. 2. Governor and Lieutenant Governor: election, term, and qualifica- 
tions. 

(1) Election and term. The Governor and Lieutenant Governor shall be 
elected by the qualified voters of the State in 1972 and every four 
years thereafter, at the same time and places as members of the 
General Assembly are elected. Their term of office shall be four years 
and shall commence on the first day of January next after their elec- 
tion and continue until their successors are elected and qualified. 



The North Carolina Constitution 83 

(2) Qualifications. No person shall be eligible for election to the office of 
Governor or Lieutenant Governor unless, at the time of his election, 
he shall have attained the age of 30 years and shall have been a citi- 
zen of the United States for five years and a resident of this State for 
two years immediately preceding his election. No person elected to 
the office of Governor or Lieutenant Governor shall be eligible for 
election to more than two consecutive terms of the same office. 

Sec. 3. Succession to office of Governor. 

(1) Succession as Governor. The Lieutenant Governor-elect shall become 

Governor upon the failure of the Governor-elect to qualify. The 
Lieutenant Governor shall become Governor upon the death, resigna- 
tion, or removal from office of the Governor. The further order of suc- 
cession to the office of Governor shall be prescribed by law. A succes- 
sor shall serve for the remainder of the term of the Governor whom 
he succeeds and until a new Governor is elected and qualified. 

(2) Succession as Acting Governor. During the absence of the Governor 
from the State, or during the physical or mental incapacity of the 
Governor to perform the duties of his office, the Lieutenant Governor 
shall be Acting Governor. The further order of succession as Acting 
Governor shall be prescribed by law. 

(3) Physical incapacity. The Governor may, by a written statement filed 
with the Attorney General, declare that he is physically incapable of 
performing the duties of his office, and may thereafter in the same 
manner declare that he is physically capable of performing the duties 
of his office. 

(4) Mental incapacity. The mental incapacity of the Governor to perform 

the duties of his office shall be determined only by joint resolution 
adopted by a vote of two-thirds of all of the members of each house of 
the General Assembly. Thereafter, the mental capacity of the 
Governor to perform the duties of his office shall be determined only 
by joint resolution adopted by a vote of a majority of all the members 
of each house of the General Assembly. In all cases, the General 
Assembly shall give the Governor such notice as it may deem proper 
and shall allow him an opportunity to be heard before a joint session 
of the General Assembly before it takes final action. When the 
General Assembly is not in session, the Council of State, a majority of 
its members concurring, may convene it in extra session for the pur- 
pose of proceeding under this paragraph. 

(5) Impeachment. Removal of the Governor from office for any other 
cause shall be by impeachment. 

Sec. 4. Oath of office for Governor. The Governor, before entering upon 
the duties of his office, shall, before any Justice of the Supreme Court take 
an oath or affirmation that he will support the Constitution and laws of the 
United States and of the State of North Carolina, and that he will faithfully 
perform the duties pertaining to the office of Governor. 

Sec. 5. Duties of Governor. 

(1) Residence. The Governor shall reside at the seat of government of this 
State. 



84 North Carolina Manual 

(2) Information to General Assembly. The Governor shall from time to 
time give the General Assembly information of the affairs of the 
State and recommend to their consideration such measures as he 
shall deem expedient. 

(3) Budget. The Governor shall prepare and recommend to the General 
Assembly a comprehensive budget of the anticipated revenue and 
proposed expenditures of the State for the ensuing fiscal period. The 
budget as enacted by the General Assembly shall be administered by 
the Governor. 

The total expenditures of the State for the fiscal period covered by 
the budget shall not exceed the total of receipts during that fiscal 
period and the surplus remaining in the State Treasury at the begin- 
ning of the period. To insure that the State does not incur a deficit for 
any fiscal period, the Governor shall continually survey the collection 
of the revenue and shall effect the necessary economies in State 
expenditures, after first making adequate provision for the prompt 
payment of the principal of and interest on bonds and notes of the 
State according to their terms, whenever he determines that receipts 
during the fiscal period, when added to any surplus remaining in the 
State Treasury at the beginning of the period, will not be sufficient to 
meet budgeted expenditures. This section shall not be construed to 
impair the power of the State to issue its bonds and notes within the 
limitations imposed in Article V of this Constitution, nor to impair 
the obligation of bonds and notes of the State now outstanding or 
issued hereafter. 

(4) Execution of laws. The Governor shall take care that the laws be 
faithfully executed. 

(5) Commander in Chief. The Governor shall be Commander in Chief of 
the military forces of the State except when they shall be called into 
the service of the United States. 

(6) Clemency. The Governor may grant reprieves, commutations, and 
pardons, after conviction, for all offenses (except in cases of impeach- 
ment), upon such conditions as he may think proper, subject to regu- 
lations prescribed by law relative to the manner of applying for par- 
dons. The terms reprieves, commutations, and pardons shall not 
include paroles. 

(7) Extra sessions. The Governor may, on extraordinary occasions, by and 

with the advice of the Council of State, convene the General 
Assembly in extra session by its proclamation, stating therein the 
purpose or purposes for which they are thus convened. 

(8) Appointments. The Governor shall nominate and by and with the 
advice and consent of a majority of the Senators appoint all officers 
whose appointments are not otherwise provided for. 

(9) Information. The Governor may at any time require information in 
writing from the head of any administrative department or agency 
upon any subject relating to the duties of his office. 

(10) Administrative reorganization. The General Assembly shall prescribe 
the functions, powers, and duties of the administrative departments 



The North Carolina Constitution 85 

and agencies of the State and may alter them from time to time, but 
the Governor may make such changes in the allocation of offices and 
agencies and in the allocation of those functions, powers, and duties 
as he considers necessary for efficient administration. If those 
changes affect existing law, they shall be set forth in executive 
orders, which shall be submitted to the General Assembly not later 
than the sixtieth calendar day of its session, and shall become effec- 
tive and shall have the force of law upon adjournment sine die of the 
session, unless specifically disapproved by resolution of either house 
of the General Assembly or specifically modified by joint resolution of 
both houses of the General Assembly. 
Sec. 6. Duties of the Lieutenant Governor. The Lieutenant Governor shall 
be President of the Senate, but shall have no vote unless the Senate is equal- 
ly divided. He shall perform such additional duties as the General Assembly 
or the Governor may assign to him. He shall receive the compensation and 
allowances prescribed by law. 
Sec. 7. Other elective officers. 

(1) Officers. A Secretary of State, an Auditor, a Treasurer, a 
Superintendent of Public Instruction, an Attorney General, a 
Commissioner of Agriculture, a Commissioner of Labor, and a 
Commissioner of Insurance shall be elected by the qualified voters of 
the State in 1972 and every four years thereafter, at the same time 
and places as members of the General Assembly are elected. Their 
term of office shall be four years and shall commence on the first day 
of January next after their election and continue until their succes- 
sors are elected and qualified. 

(2) Duties. Their respective duties shall be prescribed by law. 

(3) Vacancies. If the office of any of these officers is vacated by death, res- 

ignation, or otherwise, it shall be the duty of the Governor to appoint 
another to serve until his successor is elected and qualified. Every 
such vacancy shall be filled by election at the first election for mem- 
bers of the General Assembly that occurs more than 60 days after the 
vacancy has taken place, and the person chosen shall hold the office 
for the remainder of the unexpired term fixed in this Section. When a 
vacancy occurs in the office of any of the officers named in this 
Section and the term expires on the first day of January succeeding 
the next election for members of the General Assembly, the Governor 
shall appoint to fill the vacancy for the unexpired term of the office. 

(4) Interim officers. Upon the occurrence of a vacancy in the office of any 

one of their officers for any of the causes stated in the preceding 
paragraph, the Governor may appoint an interim officer to perform 
the duties of that office until a person is appointed or elected pur- 
suant to this Section to fill the vacancy and is qualified. 

(5) Acting officers. During the physical or mental incapacity of any one of 

these officers to perform the duties of his office, as determined pur- 
suant to this Section, the duties of his office shall be performed by an 
acting officer who shall be appointed by the Governor. 

(6) Determination of incapacity. The General Assembly shall by law 



86 North Carolina Manual 

prescribe with respect to those officers, other than the Governor, 
whose offices are created by this Article, procedures for determining 
the physical or mental incapacity of any officer to perform the duties 
of his office, and for determining whether an officer who has been 
temporarily incapacitated has sufficiently recovered his physical or 
mental capacity to perform the duties of his office. Removal of those 
officers from office for any other cause shall be by impeachment. 
(7) Special Qualifications for Attorney General. Only persons duly autho- 
rized to practice law in the courts of this State shall be eligible for 
appointment or election as Attorney General. 
Sec. 8. Council of State. The Council of State shall consist of the officers 
whose offices are established by this Article. 

Sec. 9. Compensation and allowances. The officers whose offices are 
established by this Article shall at stated periods receive the compensation 
and allowances prescribed by law, which shall not be diminished during the 
time for which they have been chosen. 

Sec. 10. Seal of State. There shall be a seal of the State, which shall be 
kept by the Governor and used by him as occasion may require, and shall be 
called "The Great Seal of the State of North Carolina." All grants and com- 
missions shall be issued in the name and by the authority of the State of 
North Carolina, sealed with "The Great Seal of the State of North Carolina," 
and signed by the Governor. 

Sec. 11. Administrative departments. Not later than July 1, 1975, all 
administrative departments, agencies, and offices of the State and their 
respective functions, powers, and duties shall be allocated by law among and 
within not more than 25 principal administrative departments so as to group 
them as far as practicable according to major purposes. Regulatory, qua- 
sijudicial, and temporary agencies may, but need not, be allocated within 
a principal department. 

ARTICLE IV 
JUDICIAL 

Section 1. Judicial power. The judicial power of the State shall, except as 
provided in Section 3 of this Article, be vested in a Court for the Trial of 
Impeachments and in a General Court of Justice. The General Assembly 
shall have no power to deprive the judicial department of any power or juris- 
diction that rightfully pertains to it as a coordinate department of the gov- 
ernment, nor shall it establish or authorize any courts other than as permit- 
ted by this Article. 

Sec. 2. General Court of Justice. The General Court of Justice shall con- 
stitute a unified judicial system for purposes of jurisdiction, operation, and 
administration, and shall consist of an Appellate Division, a Superior Court 
Division, and a District Court Division. 

Sec. 3. Judicial powers of administrative agencies. The General Assembly 
may vest in administrative agencies established pursuant to law such judi- 
cial powers as may be reasonably necessary as an incident to the accomplish- 
ment of the purposes for which the agencies were created. Appeals from 



The North Carolina Constitution 87 

administrative agencies shall be to the General Court of Justice. 

Sec. 4. Court for the Trial of Impeachments. The State House of 
Representatives solely shall have the power of impeaching. The Court for the 
Trial of Impeachments shall be the Senate. When the Governor or 
Lieutenant Governor is impeached, the Chief Justice shall preside over the 
Court. A majority of the members shall be necessary to a quorum, and no 
person shall be convicted without the concurrence of two-thirds of the 
Senators present. Judgment upon conviction shall not extend beyond 
removal from and disqualification to hold office in this State, but the party 
shall be liable to indictment and punishment according to law. 

Sec. 5. Appellate division. The Appellate Division of the General Court of 
Justice shall consist of the Supreme Court and the Court of Appeals. 

Sec. 6. Supreme Court. 

(1) Membership. The Supreme Court shall consist of a Chief Justice and 

six Associate Justices, but the General Assembly may increase the 
number of Associate Justices to not more than eight. In the event the 
Chief Justice is unable, on account of absence or temporary incapaci- 
ty, to perform any of the duties placed upon him, the senior Associate 
Justice available may discharge those duties. 

(2) Sessions of the Supreme Court. The sessions of the Supreme Court 
shall be held in the City of Raleigh unless otherwise provided by the 
General Assembly. 

Sec. 7. Court of Appeals. The structure, organization, and composition of 
the Court of Appeals shall be determined by the General Assembly. The 
Court shall have not less than five members, and may be authorized to sit in 
divisions, or other than en banc. Sessions of the Court shall be held at such 
times and places as the General Assembly may prescribe. 

Sec. 8. Retirement of Justices and Judges. The General Assembly shall 
provide by general law for the retirement of Justices and Judges of the 
General Court of Justice, and may provide for the temporary recall of any 
retired Justice or Judge to serve on the court from which he was retired. The 
General Assembly shall also prescribe maximum age limits for service as a 
Justice or Judge. 

Sec. 9. Superior Courts. 

(1) Superior Court districts. The General Assembly shall, from time to 
time, divide the State into a convenient number of Superior Court 
judicial districts and shall provide for the election of one or more 
Superior Court Judges for each district. Each regular Superior Court 
Judge shall reside in the district for which he is elected. The General 
Assembly may provide by general law for the selection or appoint- 
ment of special or emergency Superior Court Judges not selected for 
a particular judicial district. 

(2) Open at all times; sessions for trial of cases. The Superior Court shall 
be open at all times for the transaction of all business except the trial 
of issues of fact requiring a jury. Regular trial sessions of the 
Superior Court shall be held at times fixed pursuant to a calendar of 
courts promulgated by the Supreme Court. At least two sessions for 
the trial of jury cases shall be held annually in each county. 



88 North Carolina Manual 

(3) Clerks. A Clerk of the Superior Court for each county shall be elected 
for a term of four years by the qualified voters thereof, at the same 
time and places as members of the General Assembly are elected. If 
the office of Clerk of the Superior Court becomes vacant otherwise 
than by the expiration of the term, or if the people fail to elect, the 
senior regular resident Judge of the Superior Court serving the coun- 
ty shall appoint to fill the vacancy until an election can be regularly 
held. 
Sec. 10. District Courts. The General Assembly shall, from time to time, 
divide the State into a convenient number of local court districts and shall 
prescribe where the District Courts shall sit, but a District Court must sit in 
at least one place in each county. District judges shall be elected for each dis- 
trict for a term of four years, in a manner prescribed by law. When more 
than one District Judge is authorized and elected for a district, the Chief 
Justice of the Supreme Court shall designate one of the judges as Chief 
District Judge. Every District Judge shall reside in the district for which he 
is elected. For each county, the senior regular resident Judge of the Superior 
Court serving the county shall appoint for a term of two years, from nomina- 
tions submitted by the Clerk of the Superior Court of the county, one or more 
Magistrates who shall be officers of the District Court. The number of 
District Judges and Magistrates shall, from time to time, be determined by 
the General Assembly. Vacancies in the office of District Judge shall be filled 
for the unexpired term in a manner prescribed by law. Vacancies in the office 
of Magistrate shall be filled for the unexpired term in the manner provided 
for original appointment to the office. 

Sec. 11. Assignment of Judges. The Chief Justice of the Supreme Court, 
acting in accordance with rules of the Supreme Court, shall make assign- 
ments of Judges of the Superior Court and may transfer District Judges from 
one district to another for temporary or specialized duty. The principle of 
rotating Superior Court Judges among the various districts of a division is a 
salutary one and shall be observed. For this purpose the General Assembly 
may divide the State into a number of judicial divisions. Subject to the gener- 
al supervision of the Chief Justice of the Supreme Court, assignment of 
District Judges within each local court district shall be made by the Chief 
District Judge. 

Sec. 12. Jurisdiction of the General Court of Justice. 

(1) Supreme Court. The Supreme Court shall have jurisdiction to review 
upon appeal any decision of the courts below, upon any matter of law 
or legal inference. The jurisdiction of the Supreme Court over "issues 
of fact" and "questions of fact" shall be the same exercised by it prior 
to the adoption of this Article, and the Court may issue any remedial 
writs necessary to give it general supervision and control over the 
proceedings of the other courts. The Supreme Court also has jurisdic- 
tion to review, when authorized by law, direct appeals from a final 
order or decision of the North Carolina Utilities Commission. 

(2) Court of Appeals. The Court of Appeals shall have such appellate 
jurisdiction as the General Assembly may prescribe. 

(3) Superior Court. Except as otherwise provided by the General 



The North Carolina Constitution 89 

Assembly, the Superior Court shall have original general jurisdiction 
throughout the State. The Clerks of the Superior Court shall have 
such jurisdiction and powers as the General Assembly shall prescribe 
by general law uniformly applicable in every county of the State. 

(4) District Courts; Magistrates. The General Assembly shall, by general 

law uniformly applicable in every local court district of the State, pre- 
scribe the jurisdiction and powers of the District Courts and 
Magistrates. 

(5) Waiver. The General Assembly may by general law provide that the 
jurisdictional limits may be waived in civil cases. 

(6) Appeals. The General Assembly shall by general law provide a proper 

system of appeals. Appeals from Magistrates shall be heard de novo, 
with the right of trial by jury as defined in this Constitution and the 
laws of this State. 
Sec. 13. Forms of action; rules of procedure. 

(1) Forms of Action. There shall be in this State but one form of action for 

the enforcement or protection of private rights or the redress of pri- 
vate wrongs, which shall be denominated a civil action, and in which 
there shall be a right to have issues of fact tried before a jury. Every 
action prosecuted by the people of the State as a party against a per- 
son charged with a public offense, for the punishment thereof, shall 
be termed a criminal action. 

(2) Rules of procedure. The Supreme Court shall have exclusive authority 

to make rules of procedure and practice for the Appellate Division. 
The General Assembly may make rules of procedure and practice for 
the Superior Court and District Court Divisions, and the General 
Assembly may delegate this authority to the Supreme Court. No rule 
of procedure or practice shall abridge substantive rights or abrogate 
or limit the right of trial by jury of the General Assembly should dele- 
gate to the Supreme Court the rule-making power, the General 
Assembly may, nevertheless, alter, amend, or repeal any rule of pro- 
cedure or practice adopted by the Supreme Court for the Superior 
Court or District Court Divisions. 
Sec. 14. Waiver of jury trial. In all issues of fact joined in any court, the 
parties in any civil case may waive the right to have the issues determined 
by a jury, in which case the finding of the judge upon the facts shall have the 
force and effect of a verdict by a jury. 

Sec. 15. Administration. The General Assembly shall provide for an 
administrative office of the courts to carry out the provisions of this Article. 

Sec. 16. Terms of office and election of Justices of the Supreme Court, 
Judges of the Court of Appeals, and Judges of the Superior Court. Justices of 
the Supreme Court, Judges of the Court of Appeals, and regular Judges of 
the Superior Court shall be elected by the qualified voters and shall hold 
office for terms of eight years and until their successors are elected and qual- 
ified. Justices of the Supreme Court and Judges of the Court of Appeals shall 
be elected by the qualified voters of the State. Regular Judges of the Superior 
Court may be elected by the qualified voters of the State or by the voters of 
their respective districts, as the General Assembly may prescribe. 



90 North Carolina Manual 

Sec. 17. Removal of Judges, Magistrates and Clerks. 

(1) Removal of Judges by the General Assembly. Any Justice or Judge of 

the General Court of Justice may be removed from office for mental 
or physical incapacity by joint resolution of two-thirds of all the mem- 
bers of each house of the General Assembly. Any Justice or Judge 
against whom the General Assembly may be about to proceed shall 
receive notice thereof, accompanied by a copy of the causes alleged 
for his removal, at least 20 days before the day on which either house 
of the General Assembly shall act thereon. Removal from office by 
the General Assembly for any other cause shall be by impeachment. 

(2) Additional method of removal of Judges. The General Assembly shall 

prescribe a procedure, in addition to impeachment and address set 
forth in this Section, for the removal of a Justice or Judge of the 
General Court of Justice for mental or physical incapacity interfering 
with the performance of his duties which is, or is likely to become, 
permanent, and for the censure and removal of a Justice or Judge of 
the General Court of Justice for willful misconduct in office, willful 
and persistent failure to perform his duties, habitual intemperance, 
conviction of a crime involving moral turpitude, or conduct prejudi- 
cial to the administration of justice that brings the judicial office into 
disrepute. 

(3) Removal of Magistrates. The General Assembly shall provide by gen- 

eral law for the removal of Magistrates for misconduct or mental or 
physical incapacity. 

(4) Removal of Clerks. Any Clerk of the Superior Court may be removed 

from office for misconduct or mental or physical incapacity by the 
senior regular resident Superior Court Judge serving the county. Any 
Clerk against whom proceedings are instituted shall receive written 
notice of the charges of rotating Superior Court Judges among the 
various districts of a division is a salutary one and shall be observed. 
For this purpose the General Assembly may divide the State into a 
number of judicial divisions. Subject to the general supervision of the 
Chief Justice of the Supreme Court, assignment of District Judges 
within each local court district shall be made by the Chief District 
Judge. 

Sec. 18. District Attorney and Prosecutorial Districts. 

(1) District Attorneys. The General Assembly shall, from time to time, 
divide the State into a convenient number of prosecutorial districts, 
for each of which a District Attorney shall be chosen for a term of 
four years by the qualified voters thereof, at the same time and 
places as members of the General Assembly are elected. Only persons 
duly authorized to practice law in the courts of this State shall be eli- 
gible for election or appointment as a District Attorney. The District 
Attorney shall advise the officers of justice in his district, be respon- 
sible for the prosecution on behalf of the State of all criminal actions 
in the Superior Courts of his district, perform such duties related to 
appeals there from as the Attorney General may require, and per- 
form such other duties as the General Assembly may prescribe. 



The North Carolina Constitution 91 

(2) Prosecution in District Court Division. Criminal actions in the District 
Court Division shall be prosecuted in such manner as the General 
Assembly may prescribe by general law uniformly applicable in every 
local court district of the State. 

Sec. 19. Vacancies. Unless otherwise provided in this Article, all vacan- 
cies occurring in the offices provided for by this Article shall be filled by 
appointment of the Governor, and the appointees shall hold their places until 
the next election for members of the General Assembly that is held more 
than 60 days after the vacancy occurs, when elections shall be held to fill the 
offices. When the unexpired term of any of the offices named in this Article of 
the Constitution in which a vacancy has occurred, and in which it is herein 
provided that the Governor shall fill the vacancy, expires on the first day of 
January succeeding the next election for members of the General Assembly, 
the Governor shall appoint to fill that vacancy for the unexpired term of the 
office. If any person elected or appointed to any of these offices shall fail to 
qualify, the office shall be appointed to, held, and filled as provided in case of 
vacancies occurring therein. All incumbents of these offices shall hold until 
their successors are qualified. 

Sec. 20. Revenues and expenses of the judicial department. The General 
Assembly shall provide for the establishment of a schedule of court fees and 
costs which shall be uniform throughout the State within each division of the 
General Court of Justice. The operating expenses of the judicial department, 
other than compensation to process servers and other locally paid nonjudicial 
officers, shall be paid from State funds. 

Sec. 21. Fees, salaries, and emoluments. The General Assembly shall pre- 
scribe and regulate the fees, salaries, and emoluments of all officers provided 
for in this Article, but the salaries of Judges shall not be diminished during 
their continuance in office. In no case shall the compensation of any Judge or 
Magistrate be dependent upon his decision or upon the collection of costs. 

Sec. 22. Qualification of Justices and Judges. Only persons duly autho- 
rized to practice law in the courts of this State shall be eligible for election or 
appointment as a Justice of the Supreme Court, Judge of the Court of 
Appeals, Judge of the Superior Court, or Judge of District Court. This section 
shall not apply to persons elected to or serving in such capacities on or before 
January 1, 1981. 

ARTICLE V 
FINANCE 

Section 1. No capitation tax to be levied. No poll or capitation tax shall be 
levied by the General Assembly or by any county, city or town, or other tax- 
ing unit. 

Sec. 2. State and local taxation. 

(1) Power of taxation. The power of taxation shall be exercised in a just 

and equitable manner, for public purposes only, and shall never be 
surrendered, suspended, or contracted away. 

(2) Classification. Only the General Assembly shall have the power to 
classify property for taxation, which power shall be exercised only on 



92 North Carolina Manual 

a State-wide basis and shall not be delegated. No class of property 
shall be taxed except by uniform rule, and every classification shall 
be made by general law uniformly applicable in every county, city 
and town, and other unit of local government. 

(3) Exemptions. Property belonging to the State, counties, and municipal 

corporations shall be exempt from taxation. The General Assembly 
may exempt cemeteries and property held for educational, scientific, 
literary, cultural, charitable, or religious purposes, and, to a value 
not exceeding $300, any personal property. The General Assembly 
may exempt from taxation not exceeding $1,000 in value of property 
held and used as the place of residence of the owner. Every exemp- 
tion shall be on a State wide basis and shall be made by general law 
uniformly applicable in every county, city and town, and other unit of 
local government. No taxing authority other than the General 
Assembly may grant exemptions, and the General Assembly shall not 
delegate the powers accorded to it by this subsection. 

(4) Special tax areas. Subject to the limitations imposed by Section 4, the 

General Assembly may enact general laws authorizing the governing 
body of any county, city or town to define territorial areas and to levy 
taxes within those areas, in addition to those levied throughout the 
county, city, or town, in order to finance, provide, or maintain ser- 
vices, facilities, and functions in addition to or to a greater extent 
than those financed, provided, or maintained for the entire county, 
city, or town. 

(5) Purposes of property tax. The General Assembly shall not authorize 

any county, city or town, special district, or other unit of local govern- 
ment to levy taxes or property, except for purposes authorized by 
general law uniformly applicable throughout the State, unless the 
tax is approved by a majority of the qualified voters of the unit who 
vote thereon. 

(6) Income tax. The rate of tax on incomes shall not in any case exceed 
ten per cent, and there shall be allowed personal exemptions and 
deductions so that only net incomes are taxed. 

(7) Contracts. The General Assembly may enact laws whereby the State, 

any county, city or town, and any other public corporation may con- 
tract with and appropriate money to any person, association, or cor- 
poration for the accomplishment of public purposes only. 

Sec. 3. Limitations upon the increase of State debt. 

(1) Authorized purposes; two-thirds limitation. The General Assembly 
shall have no power to contract debts secured by a pledge of the faith 
and credit of the State, unless approved by a majority of the qualified 
voters of the State who vote thereon, except for the following purposes: 

(a) To fund or refund a valid existing debt; 

(b) to supply an unforeseen deficiency in the revenue; 

(c) to borrow in anticipation of the collection of taxes due and payable 

within the current fiscal year to an amount not exceeding 50 
percent of such taxes; 

(d) to suppress riots or insurrections, or to repel invasions; 



The North Carolina Constitution 93 

(e) to meet emergencies immediately threatening the public health or 

safety, as conclusively determined in writing by the Governor; 

(f) for any other lawful purpose, to the extent of two-thirds of the 

amount by which the State's outstanding indebtedness shall have 
been reduced during the next preceding biennium. 

(2) Gift or loan of credit regulated. The General Assembly shall have no 
power to give or lend the credit of the State in aid of any person, 
association, or corporation, except a corporation in which the State 
has a controlling interest, unless the subject is submitted to a direct 
vote of the people of the State, and is approved by a majority of the 
qualified voters who vote thereon. 

(3) Definitions. A debt is incurred within the meaning of this Section 
when the State borrows money. A pledge of the faith and credit with- 
in the meaning of this Section is a pledge of the taxing power. A loan 
of credit within the meaning of this Section occurs when the State 
exchanges its obligations with or in any way guarantees the debts of 
an individual, association or private corporation. 

(4) Certain debts barred. The General Assembly shall never assume or 
pay any debt or obligation, express or implied, incurred in aid of 
insurrection or rebellion against the United States. Neither shall the 
General Assembly assume or pay any debt or bond incurred or issued 
by authority of the Convention of 1868, the special session of the 
General Assembly of 1868, or the General Assemblies of 1868-69 and 
1969-70, unless the subject is submitted to the people of the State 
and is approved by a majority of all the qualified voters at a referen- 
dum held for that sole purpose. 

(5) Outstanding debt. Except as provided in subsection (4), nothing in 
this Section shall be construed to invalidate or impair the obligation 
of any bond, note, or other evidence of indebtedness outstanding or 
authorized for issue as of July 1, 1973. 

Sec. 4 Limitations upon the increase of local government debt. 

(1) Regulation of borrowing and debt. The General Assembly shall enact 

general laws relating to the borrowing of money secured by a pledge 
of the faith and credit and the contracting of other debts by counties, 
cities and towns, special districts, and other units, authorities, and 
agencies of local government. 

(2) Authorized purposes; two-thirds limitation. The General Assembly 
shall have no power to authorize any county, city or town, special dis- 
trict, or other unit of local government to contract debts secured by a 
pledge of its faith and credit unless approved by a majority of the 
qualified voters of the unit who vote thereon, except for the following 
purposes: 

(a) to fund or refund a valid existing debt; 

(b) to supply an unforeseen deficiency in the revenue; 

(c) to borrow in anticipation of the collection of taxes due and payable 

within the current fiscal year to an amount not exceeding 50 per- 
cent of such taxes; 

(d) to suppress riots or insurrections; 



94 North Carolina Manual 

(e) to meet emergencies immediately threatening the public health or 
safety, as conclusively determined in writing by the Governor; 

(D for purposes authorized by general laws uniformly applicable 
throughout the State, to the extent of two-thirds of the amount 
by which the unit's outstanding indebtedness shall have been 
reduced during the next preceding fiscal year. 

(3) Gift or loan of credit regulated. No county, city or town, special dis- 
trict, or other unit of local government shall give or lend its credit in 
aid of any person, association, or corporation except for public pur- 
poses as authorized by general law, and unless approved by a majori- 
ty of the qualified voters of the unit who vote thereon. 

(4) Certain debts barred. No county, city or town, or other unit of local 
government shall assume or pay any debt or the interest thereon con- 
tracted directly or indirectly in aid or support of rebellion or insurrec- 
tion against the United States. 

(5) Definitions. A debt is incurred within the meaning of this Section 
when a county, city or town, special district, or other unit, authority, 
or agency of local government borrows money. A pledge of faith and 
credit within the meaning of this Section is a pledge of the taxing 
power. A loan of credit within the meaning of this Section occurs 
when a county, city or town, special district, or other unit, authority, 
or agency of local government exchanges its obligations with or in 
any way guarantees the debts of an individual, association, or private 
corporation. 

(6) Outstanding debt. Except as provided in subsection (4), nothing in 
this Section shall be construed to invalidate or impair the obligation 
of any bond, note, or other evidence of indebtedness outstanding or 
authorized for issue as of July 1, 1973. 

Sec. 5. Acts levying taxes to state objects. Every act of the General 
Assembly levying a tax shall state the special object to which it is to be 
applied, and it shall be applied to no other purpose. 

Sec. 6. Inviolability of sinking funds and retirement funds. 

(1) Sinking funds. The General Assembly shall not use or authorize to be 

used any part of the amount of any sinking fund for any purpose 
other than the retirement of the bonds for which the sinking fund has 
been created, except that these funds may be invested as authorized 
by law. 

(2) Retirement funds. Neither the General Assembly nor any public officer, 

employee, or agency shall use or authorize to be used any part of the 
funds of the Teachers' and State Employees' Retirement System or the 
Local Governmental Employees' Retirement System for any purpose 
other than retirement system benefits and purposes, administrative 
expenses, and refunds; except that retirement system funds may be 
invested as authorized by law, subject to the investment limitation 
that the funds of the Teachers' and State Employees' Retirement 
System and the Local Governmental Employees' Retirement System 
shall not be applied, diverted, loaned to, or used by the State, any 
State agency, State officer, public officer, or public employee. 



The North Carolina Constitution 95 

Sec. 7. Drawing public money. 

(1) State treasury. No money shall be drawn from the State Treasury but 

in consequence of appropriations made by law, and an accurate 
account of the receipts and expenditures of State funds shall be pub- 
lished annually. 

(2) Local treasury. No money shall be drawn from the treasury of any 
county, city or town, or other unit of local government except by 
authority of law. 

Sec. 8. Health care facilities. Notwithstanding any other provisions of 
this Constitution, the General Assembly may enact general laws to authorize 
the State, counties, cities or towns, and other State and local governmental 
entities to issue revenue bonds to finance or refinance for any such govern- 
mental entity or any nonprofit private corporation, regardless of any church 
or religious relationship, the cost of acquiring, constructing, and financing 
health care facility projects to be operated to serve and benefit the public; 
provided, no cost incurred earlier than two years prior to the effective date of 
this section shall be refinanced. Such bonds shall be payable from the rev- 
enues, gross or net, of any such projects and any other health care facilities 
of any such governmental entity or nonprofit private corporation pledged 
therefore; shall not be secured by a pledge of the full faith and credit, or 
deemed to create an indebtedness requiring voter approval of any govern- 
mental entity; and may be secured by an agreement which may provide for 
the conveyance of title of, with or without consideration, any such project or 
facilities to the governmental entity or nonprofit private corporation. The 
power of eminent domain shall not be used pursuant hereto for nonprofit pri- 
vate corporations. 

Sec. 9. Capital projects for industry. Notwithstanding any other provision 
of this Constitution, the General Assembly may enact general laws to autho- 
rize counties to create authorities to issue revenue bonds to finance but not 
refinance, the cost of capital projects consisting of industrial, manufacturing 
and pollution control facilities for industry and pollution control facilities for 
public utilities, and to refund such bonds. 

In no event shall such revenue bonds be secured by or payable from any 
public moneys whatsoever, but such revenue bonds shall be secured by and 
payable only from revenues or property derived from private parties. All such 
capital projects and all transactions therefore shall be subject to taxation to 
the extent such projects and transactions would be subject to taxation if no 
public body were involved therewith; provided, however, that the General 
Assembly may provide that the interest on such revenue bonds shall be 
exempt from income taxes within the State. 

The power of eminent domain shall not be exercised to provide any prop- 
erty for any such capital project. 

Sec. 10. Joint ownership of generation and transmission facilities. In 
addition to other powers conferred upon them by law, municipalities owning 
or operating facilities for the generation, transmission or distribution of elec- 
tric power and energy and joint agencies formed by such municipalities for 
the purpose of owning or operating facilities for the generation and transmis- 
sion of electric power and energy (each, respectively, "a unit of municipal 



96 North Carolina Manual 

government") may jointly or severally own, operate and maintain works, 
plants and facilities, within or without the State, for the generation and 
transmission of electric power and energy, or both, with any person, firm, 
association or corporation, public or private, engaged in the generation, 
transmission or distribution of electric power and energy for resale (each, 
respectively, "a co-owner") within this State or any state continuous to this 
State, and may enter into and carry out agreements with respect to such 
jointly owned facilities. For the purpose of financing its share of the cost of 
any such jointly owned electric generation or transmission facilities, a unit of 
municipal government may issue its revenue bonds in the manner prescribed 
by the General Assembly, payable as to both principal and interest solely 
from and secured by a lien and charge on all or any part of the revenue 
derived, or to be derived, by such unit of municipal government from the 
ownership and operation of its electric facilities; provided, however, that no 
unit of municipal government shall be liable, either jointly or severally, for 
any acts, omissions or obligations of any co-owner, nor shall any money or 
property of any unit of municipal government be credited or otherwise 
applied to the account of any co-owner or be charged with any debt, lien or 
mortgage as a result of any debt or obligation of any co-owner. 

Sec. 11. Capital projects for agriculture. Notwithstanding and other provi- 
sion of the Constitution of the General Assembly may enact general laws to 
authorize the creation of an agency to issue revenue bonds to finance the cost of 
capital projects consisting of agricultural facilities, and to refund such bonds. 

In no event shall such revenue bonds be secured by or payable from any 
public moneys whatsoever, but such revenue bonds shall be secured by and 
payable only from revenues or property derived from private parties. All such 
capital projects and all transactions therefore shall be subject to taxation if 
no public body were involved therewith; provided, however, that the General 
Assembly may provide that the interest on such revenue bonds shall be 
exempt from income taxes within the State. 

The power of eminent domain shall not be exercised to provide any prop- 
erty for any such capital project. 

Sec. 12. Higher Education Facilities. Notwithstanding any other provi- 
sions of this Constitution, the General Assembly may enact general laws to 
authorize the State or any State entity to issue revenue bonds to finance and 
refinance the cost of acquiring, constructing, and financing higher education 
facilities to be operated to serve and benefit the public for any nonprofit pri- 
vate corporation, regardless of any church or religious relationship provided 
no cost incurred earlier than five years prior to the effective date of this sec- 
tion shall be refinanced. Such bonds shall be payable from any revenues or 
assets of any such nonprofit private corporation pledged therefore, shall not 
be secured by a pledge of the full faith and credit of the State or such State 
entity or deemed to create an indebtedness requiring voter approval of the 
State or such entity, and, where the title to such facilities is vested in the 
State or any State entity, may be secured by an agreement which may pro- 
vide for the conveyance of title to, with or without consideration, such facili- 
ties to the nonprofit private corporation. The power of eminent domain shall 
not be used pursuant hereto. 



The North Carolina Constitution 97 

Section 13. Seaport and airport facilities. (1). Notwithstanding any other 
provision of this Constitution, the General Assembly may enact general laws 
to grant to the State, counties, municipalities, and other State and local gov- 
ernmental entities all powers useful in connection with the development of 
new and existing seaports and airports, and to authorize such public bodies. 

(a) to acquire, construct, own, own jointly with public and private par- 
ties, lease as lessee, mortgage, sell, lease as lessor or otherwise dis- 
pose of lands and facilities and improvements, including undivided 
interests therein; 

(b) to finance and refinance for public and private parties seaport and 
airport facilities and improvements which relate to, develop or fur- 
ther waterborne or airborne commerce and cargo and passenger traf- 
fic, including commercial, industrial, manufacturing, processing, 
mining, transportation, distribution, storage, marine, aviation and 
environmental facilities and improvements; and 

(c) to secure any such financing or refinancing by all or any portion of their 
revenues, income or assets or other available moneys associated with 
any of their seaport or airport facilities and with the facilities and 
improvements to be financed or refinanced, and by foreclosable liens on 
all or any part of their properties associated with any of their seaport or 
airport facilities and with the facilities and improvements to be financed 
or refinanced, but in no event to create a debt secured by a pledge of the 
faith and credit of the State or any other public body in the State. 

ARTICLE VI 
SUFFRAGE AND ELIGIBILITY TO OFFICE 

Section 1. Who may vote. Every person born in the United States and 
every person who has been naturalized, 18 years of age, and possessing the 
qualifications set out in this Article, shall be entitled to vote at any election 
by the people of the State, except as herein otherwise provided. 

Sec. 2. Qualifications of voter. 

(1) Residence period for State elections. Any person who has resided in 
the State of North Carolina for one year and in the precinct, ward, or 
other election district for 30 days next preceding an election, and pos- 
sesses the other qualifications set out in this Article, shall be entitled 
to vote at any election held in this State. Removal from one precinct, 
ward, or other election district to another in this State shall not oper- 
ate to deprive any person of the right to vote in the precinct, ward, or 
other election district from which that person has removed until 30 
days after the removal. 

(2) Residence period for presidential elections. The General Assembly may 

reduce the time of residence for persons voting in presidential elec- 
tions. A person made eligible by reason of a reduction in time of resi- 
dence shall possess the other qualifications set out in this Article, 
shall only be entitled to vote for President and Vice President of the 
United States or for electors for President and Vice President, and 
shall not thereby become eligible to hold office in this State. 



98 North Carolina Manual 

(3) Disqualification of felon. No person adjudged guilty of a felony against 
this State or the United States, or adjudged guilty of a felony in 
another state that also would be a felony if it had been committed in 
this State, shall be permitted to vote unless that person shall be first 
restored to the rights of citizenship in the manner prescribed by law. 

Sec. 3. Registration. Every person offering to vote shall be at the time 
legally registered as a voter as herein prescribed and in the manner provided 
by law. The General Assembly shall enact general laws governing the regis- 
tration of voters. 

Sec. 4. Qualification for registration. Every person presenting himself for 
registration shall be able to read and write any section of the Constitution in 
the English language. 

Sec. 5. Elections by people and General Assembly. All elections by the 
people shall be by ballot, and all elections by the General Assembly shall be 
viva voce. A contested election for any office established by Article III of this 
Constitution shall be determined by joint ballot of both houses of the General 
Assembly in the manner prescribed by law. 

Sec. 6. Eligibility to elective office. Every qualified voter in North 
Carolina who is 21 years of age, except as in this Constitution disqualified, 
shall be eligible for election by the people to office. 

Sec. 7. Oath. Before entering upon the duties of an office, a person elect- 
ed or appointed to the office shall take and subscribe the following oath: 

"I, ..., do solemnly swear (or affirm) that I will support and maintain the 
Constitution and laws of the United States, and the Constitution and laws of 
North Carolina not inconsistent therewith, and that I will faithfully discharge 
the duties of my office as ..., so help me God." 

Sec. 8. Disqualifications of office. The following persons shall be disquali- 
fied for office: 

First, any person who shall deny the being of Almighty God. Second, with 
respect to any office that is filled by election by the people, any person who is 
not qualified to vote in an election for that office. 

Third, any person who has been adjudged guilty of treason or any other 
felony against this state or the United States, or any person who had been 
adjudged guilty of a felony in another state that also would be a felony if it 
had been committed in this State, or any person who has been adjudged 
guilty of corruption or malpractice in any office, or any person who has been 
removed by impeachment from any office, and who has not been restored to 
the rights of citizenship in the manner prescribed by law. 
Sec. 9. Dual office holding. 

(1) Prohibitions. It is salutary that the responsibilities of self-government 
be widely shared among the citizens of the State and that the poten- 
tial abuse of authority inherent in the holding of multiple offices by 
an individual be avoided. Therefore, no person who holds any office 
or place of trust or profit under the United States or any department 
thereof, or under any other state or government, shall be eligible to 
hold any office in this State that is filled by election by the people. No 
person shall hold concurrently any two offices in this State that are 



The North Carolina Constitution 99 

filled by election of the people. No person shall hold concurrently any 
two or more appointive offices or places of trust or profit, or any com- 
bination of elective and appointive offices or places of trust or profit, 
except as the General Assembly shall provide by general law. 
(2) Exceptions. The provisions of this Section shall not prohibit any offi- 
cer of the military forces of the State or of the United States not on 
active duty for an extensive period of time, any notary public, or any 
delegate to a Convention of the People from holding concurrently 
another office or place of trust or profit under this State or the 
United States or any department thereof. 
Sec. 10. Continuation in office. In the absence of any contrary provision, 
all officers in this State, whether appointed or elected, shall hold their posi- 
tions until other appointments are made or, if the offices are elective, until 
their successors are chosen and qualified. 

ARTICLE VII 
LOCAL GOVERNMENT 

Section 1. General Assembly to provide for local government. The General 
Assembly shall provide for the organization and government and the fixing of 
boundaries of counties, cities and towns, and other governmental subdivi- 
sions, and, except as otherwise prohibited by this Constitution, may give 
such powers and duties to counties, cities and towns, and other governmental 
subdivisions as it may deem advisable. 

The General Assembly shall not incorporate as a city or town, nor shall it 
authorize to be incorporated as a city or town, any territory lying within one 
mile of the corporate limits of any other city or town having a population of 
5,000 or more according to the most recent decennial census of population 
taken by order of Congress, or lying within three miles of the corporate limits 
of any other city or town having a population of 10,000 or more according to 
the most recent decennial census of population taken by order of Congress, or 
lying within four miles of the corporate limits of any other city or town hav- 
ing a population of 25,000 or more according to the most recent decennial 
census of population taken by order of Congress, or lying within five miles of 
the corporate limits of any other city or town having a population of 50,000 
or more according to the most recent decennial census of population taken by 
order of Congress. Notwithstanding the foregoing limitations the General 
Assembly may incorporate a city or town by an act adopted by vote of three- 
fifths of all the members of each house. 

Sec. 2. Sheriffs. In each county a Sheriff shall be elected by the qualified 
voters thereof at the same time and places as members of the General 
Assembly are elected and shall hold his office for a period of four years, sub- 
ject to removal for cause as provided by law. 

Sec. 3. Merged or consolidated counties. Any unit of local government 
formed by the merger or consolidation of a county or counties and the cities 
and towns therein shall be deemed both a county and a city for the purposes 
of this Constitution, and may exercise any authority conferred by law on 
counties, or on cities and towns, or both, as the General Assembly may provide. 



100 North Carolina Manual 

ARTICLE VIII 
CORPORATIONS 

Section 1. Corporate charters. No corporation shall be created, nor shall 
its charter be extended, altered, or amended by special act, except corpora- 
tions for charitable, educational, penal, or reformatory purposes that are to 
be and remain under the patronage and control of the State; but the General 
Assembly shall provide by general laws for the chartering, organization, and 
powers of all corporations, and for the amending, extending, and forfeiture of 
all charters, except those above permitted by special act. All such general 
acts may be altered from time to time or repealed. The General Assembly 
may at any time by special act repeal the charter of any corporation. 

Sec. 2. Corporations defined. The term "corporation" as used in this 
Section shall be construed to include all associations and joint-stock compa- 
nies having any of the powers and privileges of corporations not possessed by 
individuals or partnerships. All corporations shall have the right to sue and 
shall be subject to be sued in all courts, in like cases as natural persons. 

ARTICLE IX 
EDUCATION 

Section 1. Education encouraged. Religion, morality, and knowledge 
being necessary to good government and the happiness of mankind, schools, 
libraries, and the means of education shall forever be encouraged. 

Sec. 2. Uniform system of schools. 

(1) General and uniform system; term. The General Assembly shall pro- 
vide by taxation and otherwise for a general and uniform system of 
free public schools, which shall be maintained at least nine months 
in every year, and wherein equal opportunities shall be provided for 
all students. 

(2) Local responsibility. The General Assembly may assign to units of 
local government such responsibility for the financial support of the 
free public schools as it may deem appropriate. The governing boards 
of units of local government with financial responsibility for public 
education may use local revenues to add to or supplement any public 
school or post-secondary school program. 

Sec. 3. School attendance. The General Assembly shall provide that every 
child of appropriate age and of sufficient mental and physical ability shall 
attend the public schools, unless educated by other means. 

Sec. 4. State Board of Education. 

(1) Board. The State Board of Education shall consist of the Lieutenant 
Governor, the Treasurer, and eleven members appointed by the 
Governor, subject to confirmation by the General Assembly in joint 
session. The General Assembly shall divide the State into eight edu- 
cational districts. Of the appointive members of the Board, one shall 
be appointed from each of the eight educational districts and three 
shall be appointed from the State at large. Appointments shall be for 
overlapping terms of eight years. Appointments to fill vacancies shall 



The North Carolina Constitution 101 

be made by the Governor for the unexpired terms and shall not be 
subject to confirmation. 

(2) Superintendent of Public Instruction. The Superintendent of Public 
Instruction shall be the secretary and chief administrative officer of 
the State Board of Education. 

Sec. 5. Powers and duties of Board. The State Board of Education shall 
supervise and administer the free public school system and the educational 
funds provided for its support, except the funds mentioned in Section 7 of 
this Article, and shall make all needed rules and regulations in relation 
thereto, subject to laws enacted by the General Assembly. 

Sec. 6. State school fund. The proceeds of all lands that have been or 
hereafter may be granted by the United States to this State, and not other- 
wise appropriated by this State or the United States; all moneys, stocks, 
bonds, and other property belonging to the State for purposes of public edu- 
cation; the net proceeds of all sales of the swamp lands belonging to the 
State; and all other grants, gifts, and devises that have been or hereafter 
may be made to the State; and not otherwise appropriated by the State or by 
the terms of the grant, gift, or devise, shall be paid into the State Treasury 
and, together with so much of the revenue of the State as may be set apart 
for that purpose, shall be faithfully appropriated and used exclusively for 
establishing and maintaining a uniform system of free public schools. 

Sec. 7. County school fund. All moneys, stocks, bonds, and other property 
belonging to a county school fund, and the clear proceeds of all penalties and 
forfeitures and of all fines collected in the several counties for any breach of 
the penal laws of the State, shall belong to and remain in the several coun- 
ties, and shall be faithfully appropriated and used exclusively for maintain- 
ing free public schools. 

Sec. 8. Higher education. The General Assembly shall maintain a public 
system of higher education, comprising The University of North Carolina and 
such other institutions of higher education as the General Assembly may 
deem wise. The General Assembly shall provide for the selection of trustees 
of The University of North Carolina and of the other institutions of higher 
education, in whom shall be vested all the privileges, rights, franchises, and 
endowments heretofore granted to or conferred upon the trustees of these 
institutions. The General Assembly may enact laws necessary and expedient 
for the maintenance and management of The University of North Carolina 
and the other public institutions of higher education. 

Sec. 9. Benefits of public institutions of higher education. The General 
Assembly shall provide that the benefits of The University of North Carolina 
and other public institutions of higher education, as far as practicable, be 
extended to the people of the State free of expense. 

Sec. 10. Escheats. 

(1) Escheats prior to July 1, 1971. All property that prior to July 1, 1971, 

accrued to the State from escheats, unclaimed dividends, or distribu- 
tive shares of the estates of deceased persons shall be appropriated to 
the use of The University of North Carolina. 

(2) Escheats after June 30, 1971. All property that, after June 30, 1971, 

shall accrue to the State from escheats, unclaimed dividends or 



102 North Carolina Manual 

distributive shares of the estates of deceased persons shall be used to 
aid worthy and needy students who are residents of this State and 
are enrolled in public institutions of higher education in this State. 
The method, amount, and type of distribution shall be prescribed by 
law. 

ARTICLE X 
HOMESTEADS AND EXEMPTIONS 

Section 1. Personal property exemptions. The personal property of any 
resident of this State, to a value fixed by the General Assembly but not less 
than $500, to be selected by the resident, is exempted from sale under execu- 
tion or other final process of any court, issued for the collection of any debt. 

Sec. 2. Homestead exemptions. 

(1) Exemption from sale; exceptions. Every homestead and the dwellings 

and buildings used therewith, to a value fixed by the General 
Assembly but not less than $1,000, to be selected by the owner there- 
of, or in lieu thereof, at the option of the owner, any lot in a city or 
town with the dwellings and buildings used thereon, and to the same 
value, owned and occupied by a resident of the State, shall be exempt 
from sale under execution or other final process obtained on any 
debt. But no property shall be exempt from sale for taxes, or for pay- 
ment of obligations contracted for its purchase. 

(2) Exemption for benefit of children. The homestead, after the death of 
the owner thereof, shall be exempt from the payment of any debt dur- 
ing the minority of the owner's children, or any of them. 

(3) Exemption for benefit of surviving spouse. If the owner of a homestead 

dies, leaving a surviving spouse but no minor children, the home- 
stead shall be exempt from the debts of the owner, and the rents and 
profits thereof shall insure to the benefit of the surviving spouse until 
he or she remarries, unless the surviving spouse is the owner of a 
separate homestead. 

(4) Conveyance of homestead. Nothing contained in this Article shall 
operate to prevent the owner of a homestead from disposing of it by 
deed, but no deed made by a married owner of a homestead shall be 
valid without the signature and acknowledgment of his or her 
spouse. 

Sec. 3. Mechanics' and laborers' liens. The General Assembly shall pro- 
vide by proper legislation for giving to mechanics and laborers an adequate 
lien on the subject-matter of their labor. The provisions of Sections 1 and 2 of 
this Article shall not be so construed as to prevent a laborer's lien for work 
done and performed for the person claiming the exemption of a mechanic's 
lien for work done on the premises. 

Sec. 4. Property of married women secured to them. The real and person- 
al property of any female in this State acquired before marriage, and all 
property, real and personal, to which she may, after marriage, become in any 
manner entitled, shall be and remain the sole and separate estate and prop- 
erty of such female, and shall not be liable for any debts, obligations, or 



The North Carolina Constitution 103 

engagements of her husband, and may be devised and bequeathed and con- 
veyed by her, subject to such regulations and limitations as the General 
Assembly may prescribe. Every married woman may exercise powers of 
attorney conferred upon by her husband, including the power to execute and 
acknowledge deeds to property owned by herself and her husband or by her 
husband. 

Sec. 5. Insurance. A person may insure his or her own life for the sole use 
and benefit of his or her spouse or children or both, and upon his or her 
death the proceeds from the insurance shall be paid to or for the benefit of 
the spouse or children or both, or to a guardian, free from all claims of the 
representatives or creditors of the insured or his or her estate. Any insurance 
policy which insures the life of a person for the sole use and benefit of that 
person's spouse or children or both shall not be subject to the claims of credi- 
tors of the insured during his or her lifetime, whether or not the policy 
reserves to the insured during his or her lifetime any or all rights provided 
for by the policy and whether or not the policy proceeds are payable to the 
estate of the insured in the event the beneficiary or beneficiaries predecease 
the insured. 

ARTICLE XI 
PUNISHMENTS, CORRECTIONS, AND CHARITIES 

Section 1. Punishments. The following punishments only shall be known 
to the laws of this State: death, imprisonment, fines, removal from office, and 
disqualification to hold and enjoy any office of honor, trust, or profit under 
this State. 

Sec. 2. Death punishment. The object of punishments being not only to 
satisfy justice, but also to reform the offender and thus prevent crime, mur- 
der, arson, burglary, and rape, and these only, may be punishable with 
death, if the General Assembly shall so enact. 

Sec. 3. Charitable and corrections, institutions and agencies. Such chari- 
table, benevolent, penal, and correctional institutions and agencies as the 
needs for humanity and the public good may require shall be established and 
operated by the State under such organization and in such manner as the 
General Assembly may prescribe. 

Sec. 4. Welfare policy; board of public welfare. Beneficent provision for 
the poor, the unfortunate, and the orphan is one of the first duties of a civi- 
lized and a Christian state. Therefore the General Assembly shall provide for 
and define the duties of a board of public welfare. 

ARTICLE XII 
MILITARY FORCES 

Section 1. Governor is Commander in Chief. The Governor shall be 
Commander in Chief of the military forces of the State and may call out 
those forces to execute the law, suppress riots and insurrections, and repel 
invasion. 



104 North Carolina Manual 

ARTICLE XIII 

CONVENTIONS, CONSTITUTIONAL AMENDMENT AND REVISION 

Section 1. Convention of the People. No Convention of the People of this 
State shall ever be called unless by the concurrence of two-thirds of all the 
members of each house of the General Assembly, and unless the proposition 
"Convention or No Convention" is first submitted to the qualified voters of 
the State at the time and in the manner prescribed by the General Assembly. 
If a majority of the votes cast upon the proposition are in favor of a 
Convention, it shall assemble on the day prescribed by the General 
Assembly. The General Assembly shall, in the act of submitting the conven- 
tion proposition, propose limitations upon the authority of the Convention; 
and if a majority of the votes cast upon the proposition are in favor of a 
Convention, those limitations shall become binding upon the Convention. 
Delegates to the Convention shall be elected by the qualified voters at the 
time and in the manner prescribed in the act of submission. The Convention 
shall consist of a number of delegates equal to the membership of the House 
of Representatives of the General Assembly that submits the convention 
proposition and the delegates shall be apportioned as is the House of 
Representatives. A Convention shall adopt no ordinance not necessary to the 
purpose for which the Convention has been called. 

Sec. 2. Power to revise or amend Constitution reserved to people. The peo- 
ple of this State reserve the power to amend this Constitution and to adopt a 
new or revised Constitution. This power may be exercised by either of the 
methods set out hereinafter in this Article, but in no other way. 

Sec. 3. Revision or amendment by Convention of the People. A Convention 
of the People of this State may be called pursuant to Section 1 of this Article 
to propose a new or revised Constitution or to propose amendments to this 
Constitution. Every new or revised Constitution and every constitutional 
amendment adopted by a Convention shall be submitted to the qualified vot- 
ers of the State at the time and in the manner prescribed by the Convention. 
If a majority of the votes cast thereon are in favor of ratification of the new or 
revised Constitution or the constitutional amendment or amendments, it or 
they shall become effective January first next after ratification by the quali- 
fied voters unless a different effective date is prescribed by the Convention. 

Sec. 4. Revision or amendment by legislative initiation. A proposal of a 
new or revised Constitution or an amendment or amendments to this 
Constitution may be initiated by the General Assembly, but only if three 
fifths of all the members of each house shall adopt an act submitting the pro- 
posal to the qualified voters of the State for their ratification or rejection. 
The proposal shall be submitted at the time and in the manner prescribed by 
the General Assembly. If a majority of the votes cast thereon are in favor of 
the proposed new or revised Constitution or constitutional amendment or 
amendments, it or they shall become effective January first next after ratifi- 
cation by the voters unless a different effective date is prescribed in the act 
submitting the proposal or proposals to the qualified voters. 



The North Carolina Constitution 105 

ARTICLE XIV 
MISCELLANEOUS 

Section 1. Seat of government. The permanent seat of government of this 
State shall be at the City of Raleigh. 

Sec. 2. State boundaries. The limits and boundaries of the State shall be 
and remain as they now are. 

Sec. 3. General laws defined. Whenever the General Assembly is directed 
or authorized by this Constitution to enact general laws, or general laws uni- 
formly applicable throughout the State, or general laws uniformly applicable 
in every county, city and town, and other unit of local government, or in 
every local court district, no special or local act shall be enacted concerning 
the subject matter directed or authorized to be accomplished by general or 
uniformly applicable laws, and every amendment or repeal of any law relat- 
ing to such subject matter shall also be general and uniform in its effect 
throughout the State. General laws may be enacted for classes defined by 
population or other criteria. General laws uniformly applicable throughout 
the State shall be made applicable without classification or exception in 
every unit of local government of like kind, such as every county, or every 
city and town, but need not be made applicable in every unit of local govern- 
ment in the State. General laws uniformly applicable in every county, city 
and town, and other unit of local government, or in every local court district, 
shall be made applicable without classification or exception in every unit of 
local government, or in every local court district, as the case may be. The 
General Assembly may at any time repeal any special, local, or private act. 

Sec. 4. Continuity of laws; protection of office holders. The laws of North 
Carolina not in conflict with this Constitution shall continue in force until 
lawfully altered. Except as otherwise specifically provided, the adoption of 
this Constitution shall not have the effect of vacating any office or term of 
office now filled or held by virtue of any election or appointment made under 
the prior Constitution of North Carolina and the laws of the State enacted 
pursuant thereto. 

Sec. 5. Conservation of natural resources. It shall be the policy of this 
State to conserve and protect its lands and waters for the benefit of all its cit- 
izenry, and to this end it shall be a proper function of the State of North 
Carolina and its political subdivisions to acquire and preserve park, recre- 
ational, and scenic areas, to control and limit the pollution of our air and 
water, to control excessive noise, and in every other appropriate way to pre- 
serve as a part of the common heritage of this State its forests, wetlands, 
estuaries, beaches, historical sites, openlands, and places of beauty. 

To accomplish the aforementioned public purposes, the State and its 
counties, cities and towns, and other units of local government may acquire 
by purchase or gift properties or interests in properties which shall, upon 
their special dedication to and acceptance by resolution adopted by a vote of 
three-fifths of the members of each house of the General Assembly for those 
public purposes, constitute part of the "State Nature and Historic Preserve," 
and which shall not be used for other purposes except as authorized by law 
enacted by a vote of three-fifths of the members of each house of the General 



106 North Carolina Manual 

Assembly. The General Assembly shall prescribe by general law the condi- 
tions and procedures under which such properties or interests therein shall 
be dedicated for the aforementioned public purposes. 



The North Carolina Constitution 107 

CONSTITUTIONAL AMENDMENTS APPROVED 
BY THE VOTERS SINCE 1970 



CONSTITUTIONAL AMENDMENTS APPROVED IN THE 
GENERAL ELECTION HELD NOVEMBER 3, 1970 

1. Constitutional amendment for the revision and amendment 
of the Constitution of North Carolina. 

(Chapter 1258, Session Laws of North Carolina, 1969) 

2. Constitutional amendment to require the General Assembly 
to reduce number of state administrative departments to 25 
and to authorize the Governor to reorganize administrative 
departments, subject to legislative approval. 

(Chapter 932, Session Laws of North Carolina, 1969) 

3. Constitutional amendment permitting 3/5 of the members of 
the General Assembly to convene extra sessions of the 
General Assembly. 

(Chapter 1270, Session Laws of North Carolina, 1969) 

4. Constitutional amendment revising those portions of the pre- 
sent or proposed state constitution concerning state and lscal 
finance. 

(Chapter 1200, Session Laws of North Carolina, 1969) 

5. Constitutional amendment authorizing General Assembly to 
fix personal exemptions for income tax purposes. 
(Chapter 872, Session Laws of North Carolina, 1969) 

6. Constitutional amendment providing that after June 30, 
1971, the escheats shall be used to aid North Carolina resi- 
dents enrolled in any public institution of higher education in 
this state. 

(Chapter 827, Session Laws of North Carolina, 1969) 



108 North Carolina Manual 

CONSTITUTIONAL AMENDMENTS APPROVED IN THE 
GENERAL ELECTION HELD NOVEMBER 7, 1972 

1. Constitutional amendment reducing the voting age to 18 
years and providing that only persons 21 years of age or older 
shall be eligible for elective office. 

(Chapter 201, Session Laws of North Carolina, 1971) 

2. Constitutional amendment to require the General Assembly to 

prescribe maximum age limits for service as a Justice or a 

Judge. 

(Chapter 451, Session Laws of North Carolina, 1971) 

3. Constitutional amendment authorizing the General 
Assembly to prescribe procedures for the censure and 
removal of Justices and Judges of the General Court of 
Justice. 

(Chapter 560, Session Laws of North Carolina, 1971) 

4. Constitutional amendment to conserve and protect North 
Carolina's natural resources. 

Chapter 630, Session Laws of North Carolina, 1971) 

5. Constitutional amendment limiting incorporation of cities 
and towns. 

(Chapter 857, Session Laws of North Carolina, 1971) 

CONSTITUTIONAL AMENDMENTS APPROVED IN THE 
GENERAL ELECTION HELD NOVEMBER 6, 1974 

1. Constitutional amendment changing the title of the constitu- 
tional office of "solicitor" to "District Attorney". 
(Chapter 394, Session Laws of North Carolina, 1973) 

CONSTITUTIONAL AMENDMENTS APPROVED IN THE 
PRIMARY ELECTION HELD MARCH 23, 1976 

1. Constitutional amendment to permit the General Assembly 
to enact general laws to authorize the state, counties, cities or 
towns, and other state and local governmental entities to 
issue revenue bonds to finance or refinance health care facilities. 
(Chapter 641, Session Laws of North Carolina, 1975) 

2. Constitutional amendment to permit the General Assembly 
to enact general laws to authorize counties to create authori- 
ties to issue revenue bonds to finance, but not to refinance, 
the cost of capital projects consisting of industrial, manufac- 
turing and pollution control facilities for industry and pollu- 
tion control facilities for public utilities. 

(Chapter 826, Session Laws of North Carolina, 1975) 



The North Carolina Constitution 109 

CONSTITUTIONAL AMENDMENTS APPROVED IN THE 
GENERAL ELECTION HELD NOVEMBER 8, 1977 

1. Constitutional amendment extending to a married man (as a 
married woman now has) the right to receive the homestead 
exemption, so that the homestead exemption is available to 
the surviving spouse of the owner of a homestead, if the 
owner dies leaving no minor children and the surviving 
spouse does not own a separate homestead. 

(Chapter 80, Session Laws of North Carolina, 1977) 

2. Constitutional amendment allowing every person the right to 
insure his or her life for the benefit of his or her spouse or 
children or both, free from all claims of the representatives or 
creditors of the insured or his or her estate. 

(Chapter 115, Session Laws of North Carolina, 1977) 

3. Constitutional amendment empowering the qualified voters 
of the State to elect the Governor and Lieutenant Governor to 
a second successive term of the same office. 

(Chapter 363, Session Laws of North Carolina, 1977) 

4. Constitutional amendment to permit municipalities owning 
or operating electric generation, transmission or distribution 
facilities and joint agencies composed of such municipalities 
to own, operate and maintain generation and transmission 
facilities with any person, firm, association or corporation, 
public or private, engaged in the generation, transmission or 
distribution of electric power and energy for resale (each, 
respectively, "a co-owner") within this State or any state con- 
tiguous to this State, and to issue electric revenue bonds to 
finance the cost of the ownership share of such municipalities 
or joint agencies, such bonds to be secured by and payable 
only from the electric revenues of such municipalities or joint 
agencies and providing that no money or property of such 
municipalities or joint agencies shall be credited or applied to 
the account of any such co-owner. 

(Chapter 528, Session Laws of North Carolina, 1977) 

5. Constitutional amendment requiring that the total expendi- 
tures of the State for the fiscal period covered by the State 
budget shall not exceed the total of revenues raised during 
that fiscal period and any surplus remaining in the State 
Treasury at the beginning of the period, and requiring the 
Governor to effect the necessary economies in State expendi- 
tures whenever he determines that a deficit is threatened. 
(Chapter 690 Session Laws of North Carolina, 1977) 



110 North Carolina Manual 

CONSTITUTIONAL AMENDMENT APPROVED IN THE 
GENERAL ELECTION HELD NOVEMBER 4, 1980 

1. Constitutional amendment requiring Justices and Judges of 
the Supreme Court, Court of Appeals, Superior Court and 
District Court to be duly authorized to practice law prior to 
election or appointment. 
(Chapter 638, Session Laws of North Carolina, 1979) 

CONSTITUTIONAL AMENDMENTS APPROVED IN THE 
PRIMARY ELECTION HELD JUNE 29, 1982 

1. Constitutional amendment authorizing General Assembly to 
provide for temporary recall of retired Supreme Court 
Justices or Court of Appeals Judges to serve temporarily on 
either appellate court. 

(Chapter 513, Session Laws of North Carolina, 1981) 

2. Constitutional amendment giving the Supreme Court author- 
ity to review, when authorized by law, direct appeals from 
the N.C. Utilities Commission. 

(Chapter 803, Session Laws of North Carolina, 1981) 

CONSTITUTIONAL AMENDMENTAPPROVED IN THE 
GENERAL ELECTION HELD NOVEMBER 2, 1982 

1. Constitutional amendment to provide that terms of legisla- 
tors begin on January 1st following their election. 
(Chapter 1241, Session Laws of North Carolina, 1981-82 Session) 

CONSTITUTIONAL AMENDMENT APPROVED IN THE 
PRIMARY ELECTION HELD MAY 8, 1984 

1. Constitutional amendment to permit the General Assembly 
to enact general laws to authorize the creation of an agency 
to issue revenue bonds to finance the cost of capital projects 
consisting of agricultural facilities, and to refund such bonds, 
such bonds to be secured by and payable only from revenues 
or property derived from private parties and in no event to be 
secured by or payable from any public moneys whatsoever. 
(Chapter 765, Session Laws ofNorch Carolina, 1983) 



The North Carolina Constitution 111 

CONSTITUTIONAL AMENDMENT APPROVED IN THE 
GENERAL ELECTION HELD NOVEMBER 6, 1984 

1. Constitutional amendment requiring Attorney General and 
District Attorneys to be duly authorized to practice law prior 
to election or appointment. 
(Chapter 298, Session Laws of North Carolina, 1983) 

CONSTITUTIONAL AMENDMENTS APPROVED IN THE 
GENERAL ELECTION HELD NOVEMBER 4, 1986 

1. Constitutional Amendment to permit the General Assembly 
to enact general laws to authorize the State, or any State 
entity to issue revenuebonds to finance or refinance the cost 
of acquiring, constructing and financing higher education 
facilities for any nonprofit private corporation, regardlessof 
any church or religious relationship, such bonds to be payable 
from any revenues or assets of any such nonprofit private cor- 
poration pledged therefore. 

(Chapter 814, Session Laws of North Carolina, 1986) 

2. Constitutional Amendment providing that an election shall 
be held to fill the remainder of the unexpired term if the 
vacancy occurs more than 60 days before the next election, 
rather than 30 days as is presently provided. 

(Chapter 920, Session Laws of North Carolina, 1986) 

3. Constitutional Amendment to assist in the development of 
new and existing seaports and airports without creating a 
debt secured by the faith and credit of the State or any other 
public body by permitting the General Assembly to grant to 
the State and other public bodies additional powers to devel- 
op new and existing seaports and airports, including powers 
to finance and refinance for public and private parties sea- 
port and airport related commercial, industrial, manufactur- 
ing, processing, mining, transportation, distribution, storage, 
marine, aviation and environmental facilities and improve- 
ments. 

(Chapter 933 Session Laws of North Carolina, 1986) 



112 



North Carolina Manual 



CHAPTER TWO 



The Executive Branch 



^ 






I 



EK? 



INTRODUCTION 

Under provisions in the Constitution of North Carolina, the 
three branches of state government - legislative, executive and 
judicial - are distinct and separate from each other (Article I, 
Section 6). This separation of powers has been a primary principal 
of government since our independence. In the nearly two hundred 
years since the forming of the State of North Carolina, many 
changes have occurred in her governmental organization. North 
Carolina's state and local governments have grown from a small 
funded endeavor of a few hundred "employees" in 1776, to a 
multi-billion dollar enterprise of thousands of public servants 
and programs. Along with this growth has come problems. In 
1970 there were over 200 independent state agencies making up 
the executive branch. Recognizing this problem the General 
Assembly took steps toward reorganizing state government, 
particularly by beginning to define the executive branch. 



State Government Reorganization 



J 



In his October 27, 1967 speech, 
Governor Dan K. Moore urged 
the North Carolina State Bar to 
take the lead in sponsoring a study 
to determine need for revising or 
rewriting the Constitution of North 
Carolina. Council of the North 
Carolina State Bar and the North 
Carolina Association joined in 
appointing a steering committee 
which selected twenty-five persons to 
constitute the North Carolina State 
Constitution Commission. The report 
of the commission, submitted on 
December 16, 1968 contained a 



proposed amendment which would 
require the General Assembly to 
reduce the administrative depart- 
ments of state government to 25 and 
authorize the Governor to reorganize 
the administrative departments 
subject to legislative approval. 

The 1969 General Assembly sub- 
mitted the proposed constitutional 
amendment to a vote of the people 
and also authorized the Governor to 
begin a study of consolidation of 
state agencies and to prepare 
recommendation for the General 
Assembly. Governor Robert W. Scott 



The North Carolina Executive Branch 113 

established the State Government transferring of all or part of an 
Reorganization Study Commission in agency, including its statutory 
October of 1969. Later, in May 1970, authority, powers and duties, to a 
a fifty-member citizen's Committee principal department. A Type II 
on State Government organization transfer meant the transferring 
was appointed by the Governor to intact of an existing agency to a prin- 
review the study and make specific cipal department with the transfer- 
recommendations, ring agency retaining its statutory 

The constitutional proposal authority and functions, which would 

requiring the reduction of the num- be performed under the direction and 

ber of administrative departments to supervision of the head of the principal 

not more than 25 by 1975 was adopted department. 

in the general election on November 3, A11 offices and departments 

1970, and the Committee on State called for by the Executive 

Government Reorganization submit- Organization Act of 1971 were creat- 

ted its recommendations to the e d by executive order of Governor 

Governor on February 4, 1971. Scott prior to the July 1, 1972 dead- 

The committee recommended line set by the Act. The principal 

implementation of the amendment in offices and departments created were 

two phases. Phase I would be the the following: Office of the Governor, 

grouping of agencies together in a Office of the Lieutenant Governor, 

limited number of functional depart- Department of the Secretary of 

ments. This was accomplished in State, Department of the State 

1971 through legislative action. Auditor, Department of State 

Phase II began in 1971 and contin- Treasurer, Department of Public 

ued into 1973 as agencies began to Education (now the Department of 

work together. Evaluations of agency Public Instruction), Department of 

and department organizations were Justice, Department of Agriculture, 

done and bills prepared that would Department of Labor, Department of 

revise existing statutes on the basis Insurance, the Department of 

of these evaluations and experience. Administration, the Department of 

Drafted proposals were presented to Transportation and Highway Safety 

the 1973 General Assembly and leg- (now named the Department of 

islative implementation began. Transportation), the Department of 

With strong support from Natural and Economic Resources 

Governor Scott, the Executive (now the Department of Environment, 

Organization Act of 1971 was rati- Health, and Natural Resources), 

fied July 14, 1971. It created 19 prin- Department of Human Resources, 

cipal offices and departments con- Department of Social Rehabilitation 

sisting of ten offices and depart- and Control (now the the 

ments headed by elected officials and Department of Correction), the 

nine other Departments formed by Department of Commerce , the 

the grouping of agencies along func- Department of Revenue, Department 

tional lines. The act provided for two of Art, Culture and History (now 

types of transfers to accomplish the Department of Cultural Resources), 

first phase of reorganization. Under and Department of Military and 

the act, a Type I transfer meant the Veterans' Affairs (which no longer 



114 North Carolina Manual 

exists). By executive order issued Board to the Secretary any matter 

June 26, 1972, an Executive Cabinet which might be referred to it by the 

was formed consisting of the heads of Secretary. 

these departments. Meetings of the i n the 1973 Act, the Department 

Cabinet were very important in solv- f Military and Veterans Affairs 

ing the Phase II problems of reorga- specifically charged with providing 

nization. National Guard troops trained to 

Between 1972 and 1977, some Federal Standards; being responsible 
additional alterations were made for military and civil preparedness; 
which further implemented reorgani- and assisting veterans and their 
zation of state government in North families and dependents. A new 
Carolina. In 1973, the Legislature Veterans' Affairs Commission was 
passed the Executive Organizations created to assist the Secretary with 
Act of 1973 which affected four of the veterans services programs, 
newly created departments— Reorganization was to have been 
Cultural Resources, Human Resources, completed by the end of 1975. Most 
Military and Veterans Affairs and f the aims were achieved; however, 
Revenue. Broadly speaking, the 1973 several additional legislative reorga- 
law vested final administrative and nizational changes were sought by 
managerial powers for the Executive the Governor. The proposals primari- 
Branch in the hands of the Governor ly affected four departments - 
and gave him powers to appoint a Commerce, Military and Veterans 
secretary for each of the departments Affairs, Natural and Economic 
named. The law also set forth the Resources, and Transportation. The 
powers of the secretaries, but left 1977 General Assembly enacted sev- 
intact specifically designed areas and e ral laws implementing the new pro- 
decisions already vested in various p0 sals. The old Department of 
commissions - these cannot be coun- Military and Veteran's Affairs has 
termanded by either the governor or been replaced by a new Department 
departmental secretary. of Crime Control and Public Safety. 

Specifically, the 1973 act changed The Veterans Affairs Commission 

the name of the Department of form in MVA is now under the 

Culture and History to form the Department of Administration. All 

Department of Cultural Resources, the State Highway Patrol, formerly 

Various Boards, Commissions, in the Division of Motor Vehicles, 

Councils, and Societies which relate to Department of Transportation, has 

a cult orientation were brought under been transferred by a Type I transfer 

the umbrella of the Department of to the department. A newly created 

Cultural Resources. Governor's Crime Commission is also 

Two of the previously created part of the new department. 
Departments, Human Resources and In reorganizing the old 
Revenue were recreated making Department of Military and Veterans 
some technical changes not found in Affairs, the Energy Division and the 
the original law. Specifically, in the Energy Policy Council were trans- 
Department of Human Resources, a ferred to Department of Commerce. 
Board of Human Resources was Also transferred to the Department 
created to serve as an Advisory of Commerce were three agencies 



The North Carolina Executive Branch 115 

previously under the Department of autonomous status, as in the case of 

Transportation - the State Ports the Office of the State Controller. 
Authority, and two commissions on The most recent reorganization 

Navigation and Pilotage. Other leg- occurred in 1989 with major changes 

islative changes were enacted to fur- among and within the Departments 

ther reorganize the Department of f Commerce, Human Resources, and 

Commerce by transferring to it the Natural Resources and Community 

Economic Development Division of Development. The results were the 

Department of Natural and renaming of two departments and 

Economic Development and to create the restructuring of all three. The 

the Labor Force Development Department of Natural Resources 

Council to coordinate the needs of an d Economic Development became 

Industry with the programs offered the Department of Environment, 

in our educational institutions. Health, and Natural Resources with 

There was some opposition to moving primary responsibilities in the areas 

Economic Development from Natural f environmental and natural 

Economic Resources because the resources management and public 

setup at that time allowed new health protection. The Department of 

prospect industry to deal with only Commerce was renamed the 

one department in finding economic Department of Economic and 

opportunity within the state and Community Development. This 

what environmental requirements department acquired the community 

and restrictions there might be. development activities of old NRCD 

Reorganization is an ongoing and added them to the commercial 

process in state government as efforts and industrial activity of the old 

made to reduce the bureaucracy and Department of Commerce. The 

avoid confusion and duplication. Since Department of Human Resources 

that first effort in the early 1970's, lost its Division of Health Services 

department names have been and several sections from other divi- 

changed, a new department created — sions relating to environmental and 

the Department of Community health management. 
Colleges — and some agencies given 



THE COUNCIL OF STATE 

Origin and Composition 

The Council of State is composed of the elected officials enumerated in 
Article III of the Constitution of North Carolina. Each of these officials are 
executive heads of departments of state government. When acting as one 
body, they advise the Governor on certain important administrative matters 
of state. This body is also charged by statute with other specific duties and 
responsibilities. 

The Council of State had its origin in the Constitution of 1776. Drafted 
and promulgated by the Fifth Provincial Congress in December, 1776, this 
document was created without submission to the people. Its separate, but 



116 North Carolina Manual 

accompanying declaration of rights, sketched the main outlines of the new 
state government and secured the rights of the citizen from governmental 
influence. While the principle of separation of powers was explicitly affirmed 
and the three familiar branches of government provided for, the true center 
of power lay in the General Assembly. 

Profound distrust of the executive power is evident throughout the 
Constitution of 1776. It allowed the Governor only a one-year term with a 
limit of only three terms in any six years. The little power granted to the 
Governor was further limited by requiring, in many instances, the concur- 
rence of the Council of State before power could be exercised by the 
Governor. 

Having just declared their independence from the bonds of an English 
king who exercised dictatorial executive authority, the patriots of North 
Carolina were understandably reluctant to establish a strong central execu- 
tive. So, the Council of State was created as one of the checks and balances to 
prevent the Governor from having too much power. The Council of State con- 
sisted of seven men elected by joint vote of the two houses of the General 
Assembly. They were elected for a one-year term and could not be members 
of either the state Senate or the state House of Commons. If a vacancy 
occurred, it was filled at the next session of the General Assembly. The 
Council was created to "advise the governor in the execution of his office," 
but was independent of the Governor. 

The role of our Council of State today is similar to what it was centuries 
ago. While no longer a separate and distinct body elected by the General 
Assembly, the functions of advising the Governor and making decisions 
which are important to the operation of government have survived. 

Constitutional Basis 

Article III, Section 7, of the Constitution of North Carolina provides for 
the election of the following state officers: Secretary of State, State Auditor, 
State Treasurer, Superintendent of Public Instruction, Attorney General, 
Commissioner of Labor, Commissioner of Agriculture, and Commissioner of 
Insurance. All of these officers, including the Governor and Lieutenant 
Governor, are elected by the citizens of North Carolina at the same time that 
votes are cast for president and vice president - November of every other 
even numbered year. They are elected to four-year terms, and except for the 
Governor and Lieutenant Governor who can be elected to only one additional 
consecutive term, there is no limit on the number of times each may be elect- 
ed. In the event of vacancy due to death, resignation or otherwise, the 
Governor has the authority to appoint someone to serve until a successor is 
elected at the next general election for members of the General Assembly. 
Section 8, Article III of the constitution provides that those elected officials 
shall constitute the Council of State. 



The North Carolina Executive Branch 



117 



SP 



\r 



^ 



THE COUNCIL OF STATE 

Duties and Responsibilities 



The duties and responsibilities of the Council of State, as prescribed in the 
General Statutes of North Carolina, are to: 



1. advise the Governor on calling a special session of the 
legislature; 

2. advise the Governor and State Treasurer on investment of 
assurance fund; 

3. approve transfers from state property fire insurance fund 
agencies suffering losses; 

4. approve the purchase of insurance for reinsurance; 

5. control internal improvements and require the chief 
executive of public works to report on improvements to 
the Council and the General Assembly; 

6. approve the sale, lease, and mortgage of corporate property 
which the state has an interest; 

7. investigate public works companies; 

8. approve the Governor's determination of competitive 
positions; 

9. allot contingency & emergency funds for many purposes; 

10. approve survey of state boundaries; 

11. sign bonds in lieu of treasurer; 

12. authorize the treasurer on replacing bonds and notes; 

13. authorize the Treasurer to borrow in emergency and report 
such to the state legislature; 

14. approve the issuance of bonds, set interest rate and 
approve the manner of sale; 

15. request cancellation of highway bonds in sinking funds if 
necessary; 

16. approve borrowing in anticipation of collection of taxes; 

17. approve parking lot rules; 

18. participate in lease, rental, purchase and sale of real 
property; 

19. approve motor pool rules; 

20. approve general service rules and regulations; 

21. approve property and space allocations; 

22. approve war and civil defense plans; 

23. approve banks and securities for state funds; and 

24. approve all state lands transaction. 



= ^~^,» 



118 North Carolina Manual 

Meetings 

The Council of State meets monthly, at a time agreed upon by the mem- 
bers. Currently they meet the first Tuesday of each month. At these meet- 
ings, debate with the Governor and each other is conducted on the many 
important issues faced by state government. Prior to 1985, Council of State 
meetings were exempted from the State Open Meetings Law by act of the 
General Assembly; however, there was so much uproar over this practice 
that since 1985 the meetings have been open. 

The Council of State is a vital part of the operations of state government 
today as it continues a tradition established over two hundred years ago. 



The North Carolina Executive Branch 119 



THE OFFICE OF THE GOVERNOR 



The Office of the Governor is the 1868 North Carolinians adopted 

oldest governmental office in their second constitution. The 

North Carolina. The first Constitution of 1868 provided 

Governor was Ralph Lane, who many of the amendments that had 

served as Governor of Sir Walter been added to the original 1776 

Raleigh's first colony on Roanoke Constitution, but also included 

Island (1585). The first permanent changes resulting from the Civil War 

Governor was William Drummond, and new attitudes towards govern- 

appointed by William Berkeley, ment. Provisions in this new consti- 

Governor of Virginia and one of the tution increased the Governor's term 

Lords Proprietors. During the colo- of office from two to four years, as 

nial period, Governors were appoint- well as increased some of his duties 

ed by the Lords Proprietors prior to and powers. 

1729, and the crown after 1730. Today, North Carolina is gov- 

These people served at the pleasure erned by her third constitution; how- 

of their appointers, usually until the ever, few changes dealing with the 

governor resigned, although there executive branch, and the Governor 

were several instances where other in particular, were changed when 

factors were involved. When a regu- ratified by the people in 1970. Two 

larly appointed Governor, for what- omissions from the Constitution of 

ever reason, could no longer perform 1971, which were found in most 

his functions as chief executive, other state constitutions, were over 

either the president of the council, legislation passed by the General 

the deputy, or Lieutenant Governor, Assembly. The citizens of North 

took over until a new Governor was Carolina addressed the issue of 

appointed and qualified. Following gubernatorial succession in 1977 and 

our first state constitution, the gov- voted to allow the Governor and 

ernor was elected by the two houses Lieutenant Governor to run for a sec- 

of the General Assembly. He was ond consecutive term. Following his 

elected to serve a one-year term and reelection in 1980, Governor James 

could serve no more than three years B. Hunt Jr. became the first North 

in any six. Carolinian Governor since 1866 to be 

In 1835, with pressure for a more elected to two consecutive four-year 

democratic form of government being terms and to an unprecedented third 

felt in Raleigh, a constitutional con- term in 1992. 

vention was called to amend certain In 1972, the Office of the Governor 

sections of the constitution. One of was created as one of the 19 depart - 

the amendments provided for the ments in the Executive branch of 

popular election of the Governor state government. Under his imme- 

every two years; however, little was diate jurisdiction are assistants and 

done to increase his authority in areas personnel needed to carry out the 

other than that of appointments. In functions of chief executive. 



120 North Carolina Manual 

The Governor of North Carolina faithfully execute the laws of the 

is not only the state's chief executive, state. He has the power to grant 

but also the director of the budget, pardons and to commute sentences; 

with responsibilities for all phases of to issue extradition warrants and 

budgeting from the initial prepara- requests; to join interstate compacts; 

tion to final execution; he is comman- and to reorganize and consolidate 

der-in-chief of the state military; and state agencies. The Governor has 

he is chairman of the Council of final authority over expenditures of 

State which meets regularly and the state, and he is also responsible 

which he may convene in times of for the administration of all funds 

emergencies. He also has the and loans from the federal govern- 

authority to convene the General ment. At the start of each regular 

Assembly into extra session should session of the General Assembly, the 

affairs of the state dictate such a Governor delivers the State of the 

move. The governor is directed by State address to a joint session of the 

the North Carolina Constitution to legislature. 

The Executive Assistant 

The Executive Assistant to the Governor oversees the Office of the 
Governor. He monitors the Cabinet's policy development, serves as the 
Governor's link to cabinet members, and advises the Governor on legislative 
matters. The Executive Assistant also represents the Governor in matters of 
state, serving as his representative. 

The Legal Counsel 

The Legal Counsel, appointed by the Governor, monitors all legal issues 
relating to the Governor and his cabinet. He advises the Governor when pol- 
icy developments involve legal issues and investigates the merits of pardon 
requests, commutations, reprieves, extraditions, rewards and payments of 
legal fees charged by the state. 

The Office of Budget and Management 

Responsible for the State Budget, the State Budget Officer is appointed 
by the Governor to assist him in carrying out fiscal responsibilities. He 
directs preparation of the state budget, advises the Governor on policy deci- 
sions related to the biennial budget, legislative issues, and the management 
of state government. He also serves as a liaison to the business community. 

The Boards and Commissions Office 

The Boards and Commissions Office reviews applications and submits 
recommendations to more than 350 statutory and non statutory boards and 
commissions appointed by the Governor. The Boards and Commissions 
Office researches qualifications and requirements, maintains records and 
serves as a liaison with associations, agencies and interested individuals and 
groups. 



The North Carolina Executive Branch 121 

The Press Office 

The press secretary serves as the Governor's communications director 
and spokesperson. The press secretary serves as a liaison between the 
Governor and his staff, the press, and the public, keeping them informed on 
matters of interest and importance to the state. The Press Office is responsi- 
ble for preparing any speeches and public service announcements issued by 
the Governor. 

The Office of Citizen Affairs 

The Office of Citizen Affairs is a direct link between the Governor and 
the people of North Carolina. The Office of Citizen Affairs is responsible for 
giving prompt attention and response to concerns and inquiries, and promot- 
ing citizen and community involvement and participation. The Citizen Help 
Section handles all citizen requests brought to the Governor's Office. The 
Correspondence Unit processes and tracks all letters sent to the Governor. 
Citizen Affairs also promotes citizen involvement and volunteerism in a 
number of ways, including citizen referral, recognition ceremonies, and a 
quarterly newsletter. 

The Legislative Counsel 

The Legislative Counsel is responsible for establishing and maintaining 
a working relationship with members of the General Assembly on all legisla- 
tive matters of importance to the Governor. He is also responsible for track- 
ing legislation as it moves through the General Assembly and reporting its 
progress to the Governor. 

The Eastern Office 

Located in New Bern, this office serves as a regional extension of the 
Governor's Raleigh office, linking local governments, the private sector and 
citizens of 33 eastern North Carolina counties. The Eastern Office serves as 
a resource for citizens, works with public and private groups to assist them, 
carries out the Governor's policies and addresses the needs of citizens in 
eastern North Carolina. The staff also represents the Governor at forums, 
civic and business events. 

The Western Office 

Established in 1977 by Governor Jim Hunt, the Western Office serves as 
a direct link between the Governor for western North Carolina residents. 
Located in Asheville and serving 27 western counties, the office works with 
local governments and the private sector to respond to the needs of area citi- 
zens. Working with area legislators, this office also pushes for programs and 
funding to boost western North Carolina. The office is responsible for admin- 
istering the Governor's policies and programs. The staff of the Western 
Office represents the Governor on councils and boards, forums, civic and 
business events. 



122 North Carolina Manual 

The North Carolina Washington Office 

The North Carolina Washington Office was established by Governor 
James E. Holshouser, Jr. The staff serves as a liaison between the Governor, 
the North Carolina congressional delegation, as well as the White House. 
The staff monitors and evaluates the impact of legislative initiatives pro- 
posed by the administration and advocates for the interests of the state. The 
Washington Office also responds directly to constituent requests for informa- 
tion and serves as a home base for the state. 

Boards and Commissions 

Advisory Budget Commission 

Christa McAuliffe Fellowship Program Selection Committee 

Education Commission of the States 

Governor's Council on Minority Executives 

Governor's Minority, Female and Disabled-Owned Businesses Contractors 

Advisory Committee 
Governor's Programs of Excellence in Education Selection Committee 
Governor's Western Residence Board of Directors 
National Football League Blue Ribbon Commission 
N.C. Business Council of Management and Development, Inc. 
N.C. Governor's Commission on Workforce Preparedness 
N.C. 2000 Steering Committee 
Southeast Compact Commission for Low-Level Radioactive Waste 

Management 
Southern Regional Education Board 

Southern Regional Education Board Legislative Work Conference Delegates 
Southern States Energy Board 
Governor's Volunteer Advisory Council (Office of Citizen Affairs) 

For Further Information 
(919) 733-4240 



The North Carolina Executive Branch 123 



124 



North Carolina Manual 




The North Carolina Executive Branch 125 



James B. Hunt, In 



Governor 

Early Years 

Born in Greensboro, N.C. on May 16, 1937, to James B. Hunt Sr. and Elsie (Brame) 
Hunt. 

Educational Background 

N.C. State University, B.S. in Agricultural Education 1959; M.S. in Agricultural 
Economics 1962; UNC-Chapel Hill, Juris Doctor, 1964. 

Professional Background 

Governor of North Carolina, 1977-85, 1993-present (first Governor elected to serve two 
consecutive terms, leave office for two terms, and then be elected to a third term) Lt. 
Governor, 1973-77; senior law partner, Poyner & Spruill, 1985-1992; Ford Foundation 
economic advisor to the Government of Nepal, 1964-66; partner, Kirby, Webb and 
Hunt, 1966-72. 

Boards and Commissions 

Chair of the National Board for Professional Teaching Standards; Vice Chair of the 
National Center on Education and the Economy Board; Chair of the National Task 
Force on Education for Economic Growth; Chair of the Education Commission of the 
States; Co-chair of the 1993-94 National Governor's Association Education 
Leadership Team; Member of the Carnegie Corporation Forum on Education and the 
Economy; Chair of N.C. State Emerging Issues Forum; Chairman of Triangle East; 
Chair of the National Governor's Association Task Force on Technological Innovation; 
Member of Wake Forest University Board of Trustees and Barton College Board of 
Trustees; Member of N.C. Central University School of Arts and Sciences Advisory 
Board. 

Political Activities 
Governor of North Carolina, 1977-85; 1993-present; Lt. Governor, 1973-77; Former 
Chairman of the National Democratic Party Commission on the Presidential 
Nomination, 1981; appointed, Assistant Chairman of the N.C. Democratic Party, 
1969; President of North Carolina Young Democrats, 1968; Delegate to the 
Democratic National Convention, 1968; National College Director for the Democratic 
National Committee, 1962-63; State Chairman of College Young Voters, 1960; Vice 
President of N.C. Young Democrats, 1959. 

Honors and Awards 
James B. Conant Award, for service as the public leader in America contributing most 
significantly to progress in public education, 1984; National 4-H Outstanding 
Alumnus Award, 1984; Conservation Achievement Award, presented to the outstand- 
ing government leader in U.S. by the National Wildlife Federation, 1983; National 
Religious Heritage Award for national volunteer leadership, 1983; Honor Award from 
the Soil Conservation Society of America, 1986. 



126 North Carolina Manual 

Publications 

"Acreage Controls and Poundage Controls: Their Effects on Most Profitable 
Production Practices for Flue Aired Tobacco," (Master's Thesis, chosen in 1963 as one 
of the three best in US and Canada by American Farm Economic Association). 

Achievements 

Since taking office in January, 1993, Hunt has established "Smart Start," an early 
childhood initiative that will provide quality early childhood services to every child in 
North Carolina who needs it. He created the Governor's Commission on Workforce 
Preparedness to improve workforce training and set up the state's first apprentice- 
ship program for high school students who do not pursue higher education. He estab- 
lished the N.C. Education Standards and Accountability Commission to set rigorous 
new standards for high school graduates based on the demands of the modern econo- 
my. He created the N.C. Center for the Prevention of School Violence to help schools 
and communities make their classrooms safer by providing hands-on assistance and 
technical expertise. He established the Governor's Task Force on School Violence, 
which recommended a series of safe schools bills — now laws — to make classrooms 
safer. He launched the N.C. Information Highway, the world's fastest wide-area, 
multi-media communications network, to link all areas of the state in education, eco- 
nomic development and other critical areas. In early 1994, Hunt called a special ses- 
sion of the General Assembly to address crime by proposing a legislative package to 
keep criminals behind bars longer, deter youngsters from crime, make the criminal 
justice system work better and add 5,000 new prison beds, including work farms and 
boot camps. 

1977-85 — founded the N.C. School of Science and Mathematics, the nation's first 
state supported, residential high school for students with talent and interest in sci- 
ence and mathematics; the N.C. Center for the Advancement of Teaching, which pro- 
vides a year round program of seminars to improve teaching and the public school 
system; the Community Schools Program and the primary reading program; opened 
the N.C. Film Office; oversaw construction of over 4,000 prison beds; helped organize 
more than 12,000 Community Watch programs to involve citizens in crime prevention. 

Personal Information 

Married, Carolyn Leonard of Mingo, Iowa, Aug. 20, 1958. Children: Rebecca Hunt 
Hawley, Baxter, Rachel and Elizabeth; five grandchildren. First Presbyterian Church 
of Wilson; member, elder, and former deacon. 



The North Carolina Executive Branch 127 



GOVERNORS OF NORTH CAROLINA 



GOVERNORS OF "VIRGINIA" 1 

Name Term 

Ralph Lane 1 1585-1586 

John White 2 1587 



PROPRIETARY CHIEF EXECUTIVES* 



Name Term 

(Samuel Stephens) 3 [1622-1664] 

William Drummond 4 1665-[1667] 

Samuel Stephens 5 [1667-1670] 

Peter Carteret 6 1670-1671 

Peter Carteret 7 1671-1672 

John Jenkins 8 1672-1675 

Thomas Eastchurch 9 1675-1676 

[Speaker-Assembly] 10 1676 

John Jenkins 11 1676-1677 

Thomas Eastchurch 12 

Thomas Miller 13 1677 

[Rebel Council] 14 1677-1679 

Seth Sothell 15 

John Harvey 16 1679 

John Jenkins 17 1679-1681 

Henry Wilkinson 18 

Seth Sothell 19 [1682]-1689 

John Archdale 20 1683-1686 

JohnGibbs 21 1689-1690 

Phillip Ludwell 22 1690-1691 

Thomas Jarvis 23 1690-1694 

Phillip Ludwell 24 1693-1695 

Thomas Harvey 25 1694-1699 

John Archdale 26 1695 

John Archdale 27 1697 

Henderson Walker 28 1699-1703 

Robert Daniel 29 1703-1705 

Thomas CarySO • 1705-1706 

William Glover 31 1706-1707 

Thomas Cary 32 1707 

William Glover 33 1707-1708 



128 North Carolina Manual 

Name Term 

Thomas Cary 34 1708-1711 

[William Glover] 35 [1709-1710] 

Edward Hyde 36 1711-1712 

Edward Hyde 37 1712 

Thomas Pollock 38 1712-1714 

Charles Eden 39 1714-1722 

Thomas Pollock 40 1722 

William Reed 41 1722-1724 

George Burrington 42 1724-1725 

Edward Moseley 43 1724 

Sir Richard Everard 44 1725-1731 

The names indented first are those who served as chief executive, but were 
appointed either deputy or lieutenant governor. Those indented second served while 
president of the council. 

ROYAL CHIEF EXECUTIVES 45 

Name Term 

George Burrington 46 1731-1734 

Nathaniel Rice 47 1734 

GabrielJohnston 48 1734-1752 

Nathaniel Rice 49 1752-1753 

Matthew Rowan 50 1753-1754 

Arthur Dobbs 51 1754-1765 

James Hasell 52 1763 

William Tryon 53 1765 

William Tryon 54 1765-1771 

James Hasell 55 1771 

Josiah Martin 56 1771-1775 

James Hasell 57 1774 

ELECTED BY THE GENERAL ASSEMBLY 5 8 

Name Residence Term 

Richard Caswell 59 Dobbs 1776-1777 

Richard Caswell Dobbs 1777-1778 

Richard Caswell Dobbs 1778-1779 

Richard Caswell Dobbs 1779-1780 

AbnerNash 60 Craven 1780-1781 

Thomas Burke 61 Orange 1781-1782 

Alexander Martin 62 Guilford 1781-1782 

Alexander Martin Guilford 1782-1783 

Alexander Martin Guilford 1783-1784 

Alexander Martin Guilford 1784-1785 

Richard Caswell Dobbs 1785-1786 

Richard Caswell Dobbs 1786-1787 



The North Carolina Executive Branch 129 

Name Residence Term 

SamuelJohnston Chowan 1787-1788 

SamuelJohnston Chowan 1788-1789 

SamuelJohnston 63 Chowan 1789 

Alexander Martin 64 Guilford 1789-1790 

Alexander Martin Guilford 1790-1792 

Alexander Martin Guilford 1792 

Richard Dobbs Spaight Craven 1792-1793 

Richard Dobbs Spaight Craven 1793-1795 

Richard Dobbs Spaight Craven 1795 

Samuel Ashe New Hanover 1795-1796 

Samuel Ashe New Hanover 1796-1797 

Samuel Ashe New Hanover 1797-1798 

William R. Davie 65 Halifax 1798-1799 

Benjamin Williams Moore 1799-1800 

Benjamin Williams Moore 1800-1801 

Benjamin Williams Moore 1801-1802 

John Baptiste Ashe 66 Halifax 

James Turner 67 Warren 1802-1803 

James Turner Warren 1803-1804 

James Turner 68 Warren 1804-1805 

Nathaniel Alexander Mecklenburg 1805-1806 

Nathaniel Alexander Mecklenburg 1806-1807 

Benjamin Williams Moore 1807-1808 

David Stone Bertie 1808-1809 

David Stone Bertie 1809-1810 

Benjamin Smith Brunswick 1810-1811 

William Hawkins Warren 1811-1812 

William Hawkins Warren 1812-1813 

William Hawkins Warren 1813-1814 

William Miller Warren 1814-1815 

William Miller Warren 1815-1816 

William Miller Warren 1816-1817 

John Branch Halifax 1817-1818 

John Branch Halifax 1818-1819 

John Branch Halifax 1819-1820 

Jesse Franklin Surry 1820-1821 

Gabriel Holmes Sampson 1821-1822 

Gabriel Holmes Sampson 1822-1823 

Gabriel Holmes Sampson 1823-1824 

Hutchings G. Burton Halifax 1824-1825 

Hutchings G. Burton Halifax 1825-1826 

Hutchings G. Burton Halifax 1826-1827 

James Iredell, Jr.69 Chowan 1827-1828 

John Owen Bladen 1828-1829 

John Owen Bladen 1829-1830 

Montford Stokes 70 Wilkes 1830-1831 

Montford Stokes Wilkes 1831-1832 

David L. Swain Buncombe 1832-1833 

David L. Swain Buncombe 1833-1834 

David L. Swain Buncombe 1834-1835 

Richard D. Spaight, Jr Craven 1835-1836 



130 North Carolina Manual 

ELE CTED BY THE PEOPLE 71 - TWO YEAR TE RM 

Name Residence Term 

Edward B. Dudley New Hanover 1836-1838 

Edward B. Dudley New Hanover 1838-1841 

John M. Morehead Guilford 1841-1842 

John M. Morehead Guilford 1842-1845 

William A. Graham Orange 1845-1847 

William A. Graham Orange 1847-1849 

Charles Manly Wake 1849-1851 

David S. Reid 72 Rockingham 1851-1852 

David S. Reid 73 Rockingham 1852-1854 

Warren Winslow 74 Cumberland 1854-1855 

Thomas Bragg Northampton 1855-1857 

Thomas Bragg Northampton 1857-1859 

John W.Ellis Rowan 1859-1861 

John W. Ellis 75 Rowan 1861 

Henry T. Clark 76 Edgecombe 1861-1862 

Zebulon B. Vance Buncombe 1862-1864 

Zebulon B. Vance Buncombe 1864-1865 

William W. Holden 77 Wake 1865 

Jonathan Worth Randolph 1865-1866 

Jonathan Worth Randolph 1866-1868 

ELECT ED BY THE PEQPLE-FOUR-YEAR TER M 78 

Name Residence Term 

William W. Holden 79 Wake 1868-1870 

Tod R. Caldwell 80 Burke 1870-1873 

Tod R. Caldwell 81 Burke 1873-1874 

Curtis H. Brogden Wayne 1874-1877 

Zebulon B. Vance 82 Buncombe 1877-1879 

Thomas J. Jarvis 83 Pitt 1879-1881 

Thomas J. Jarvis Pitt 1881-1885 

James L. Robinson 84 Macon 1883 

Alfred M. Scales Rockingham 1885-1889 

Daniel G. Fowle 85 Wake 1889-1891 

Thomas M. Hole Alamance 1891-1893 

EliasCarr Edgecombe 1893-1897 

Daniel L. Russell Brunswick 1897-1901 

Charles B. Aycock Wayne 1901-1905 

Robert B. Glenn Forsyth 1905-1909 

William W. Kitchin Person 1909-1913 

Locke Craig Buncombe 1913-1917 

Thomas W. Bickett Franklin 1917-1921 

Cameron Morrison Mecklenburg 1921-1925 

Angus W. McLean Robeson 1925-1929 

Oliver Max Gardner Cleveland 1929-1933 

John C. B. Ehringhaus Pasquotank 1933-1937 

Clyde R. Hoey Cleveland 1937-1941 



The North Carolina Executive Branch 131 

Name Residence Term 

John Melville Broughton Wake 1941-1945 

Robert Gregg Cherry Gaston 1945-1949 

William Kerr Scott Alamance 1949-1953 

William B. Umstead 86 Durham 1953-1954 

Luther H. Hodges Rockingham 1954-1957 

Luther H. Hodges Rockingham 1957-1961 

Terry Sanford Cumberland 1961-1965 

Daniel K. Moore Jackson 1965-1969 

Robert W. Scott Alamance 1969-1973 

James E. Holshouser, Jr. 87 Watauga 1973-1977 

James B. Hunt, Jr Wilson 1977-1981 

James B. Hunt, Jr. 88 Wilson 1981-1985 

James G. Martin 89 Iredell 1985-1989 

James G. Martin Iredell... 1989-1993 

James B. Hunt, Jr. 90 Wilson 1993-Present 

Governors of "Virginia" 



^■Lane was appointed by Sir Walter Raleigh and left Plymouth, England on April 
9, 1585. His expedition reached the New World in July; however a colony was not 
established until August. 

2 White was appointed by Sir Walter Raleigh and departed from Portsmouth, 
England on April 26, 1587, however the expedition made stops at Isle of Wight and 
Plymouth before setting sail for " Virginia" on May 5. They reached the area to be set- 
tled on July 22, but Governor White wanted to make some preliminary explorations 
before allowing the remainder of his party to go ashore. Three days later the colonists 
left the ships. Food shortages and the absence of other needed supplies forced White 
to leave for England on August 27, 1587. Delayed in England because of war with 
Spain, White did not return to North Carolina until 1590. Leaving England on March 
20, he arrived in August, but found no evidence of life. On a nearby tree he found the 
letters C.R.O. and on another CROATAN. White never did find his missing colony 
and the mystery of the "Lost Colony" is still unsolved. 



Proprietary Chief Executives 



3 Stephens was appointed "commander of the southern plantations" by the council 
in Virginia. The geographical location of the "southern plantations" is that area in 
northeastern North Carolina where "overflow" settlers from Virginia lived. William S. 
Powell had suggested that Stephens' "presence in Carolina removed any urgency for a 
prompt appointment" of a Governor for Carolina when Berkeley was instructed to do 
so by the Lords Proprietors and explains why Drummond was not appointed until 
1664. 

4 Drummond was appointed by William Berkeley, Governor of Virginia and one of 
the Lords Proprietors, at the request of the Lords Proprietors in England. He began 
serving prior to the delivery of his commission by Peter Carteret in February, 1665. 
Since other commissions issued to Carteret bear the date December, 3, 1664, it is pos- 
sible that Drummond's commission was also issued on that date. Records show that 
he was still Governor in December, 1666, and that a successor was not appointed 
until October, 1667. He supposedly moved to Virginia sometime during 1667. 

5 Stephens was appointed by the Lords Proprietors to replace Drummond and 



132 North Carolina Manual 

began serving prior to the delivery of his commission in April, 1668. He died while 
still in office sometime before March 7, 1670. 

6 Carteret had been commissioned Lieutenant Governor by the Lords Proprietors 
on December 3, 1664 and was chosen President by the North Carolina Council upon 
the death of Stephens. He was later appointed Governor by the Lords Proprietors. He 
left the colony for England sometime after May 10, 1672. 

7 See footnote 6. 

8 Jenkins was commissioned by Carteret to act as deputy governor when he left 
the colony. The authority of Carteret to make this appointment rested in commissions 
issued by the Lords Proprietors in October, 1670, but expired "at the end of four 
years" according to provisions in the Fundamental Constitutions. Carteret had not 
returned to the colony when his commission to Jenkins officially expired; however, 
Jenkins continued to serve. When the general assembly met, following elections in 
September, 1675, opposition had formed against Jenkins and he was imprisoned on 
charges of "several misdemeanors". 

9 Eastchurch was elected speaker of the assembly and assumed the role of gover- 
nor following the imprisonment of Jenkins. He seems to have remained in this posi- 
tion until the spring of 1676 when he departed the colony for England. 

10 Eastchurch "apparently left someone else as speaker, for the assembly 
remained in session". However, Jenkins was forcibly released from prison by friends 
"at some date before late March, 1676." He exercised enough control to hold a court 
and for a period prior to the departure of Eastchurch for England, both he and 
Jenkins exercised control over the province. In October, 1976, Jenkins, backed by an 
armed force, dissolved the assembly and resumed the role of governor. 

n See footnote 10. 

12 Eastchurch was commissioned governor by the Lords Proprietors. Upon his 
return to the colony he stopped at Nevis in the West Indies and sought the attention 
of a wealthy lady. Deciding to remain in Nevis for a while, he appointed Thomas 
Miller deputy governor until his return. (Eastchurch never returned to North 
Carolina — he died in Virginia while on his way back to the colony). Because he had 
not officially qualified as governor in Albemarle, Eastchurch had no legal authority to 
appoint Miller; however, when Miller reached Albemarle he was able to secure his 
position with little initial trouble. The policies used by Miller to quiet opposition and 
his general handling of the government soon put him in conflict with the populace. 
This conflict erupted into a political upheaval which became known as "Culpepper's 
Rebellion." 

13 See footnote 12. 

14 Tradition is that John Culpepper was elected governor by the Assembly when 
they rebelled against Miller; however, there is no documentary evidence to substanti- 
ate the claim that he held any post other than that of customs collector. Dr. Lindley 
Butler suggests that it is possible that John Jenkins, the last de jure executive of the 
colony, acted as a de facto government and evidence exists that a "rebel" council meet- 
ing was held in early 1678 at his home. 

15 Sothel was appointed governor in 1678, but was captured "by the Turkes and 
carried into Argier . . ." and did not take office. "Affidavit of John Taylor" and Lords 
Proprietors to the "Governor and Council of the County of Albemarle in the Province 
of Carolina". 

16 Harvey's commission instructed him to act as "President of the Council and exe- 
cute the authority of the government until the arrival of Mr. Sothell". Other details 
are not known. He died while still in office. 

17 Jenkins was elected president of the council following the death of Harvey and 
died on December 17, 1681 while still in office. 



The North Carolina Executive Branch 133 

18 Wilkinson was appointed by the Lords Proprietors but never left England— "he 
was arrested and imprisoned in London while preparing to sail". 

19 Sothel, following his purchase of the "Earl of Clarendon's share of Carolina", 
became governor under a provision of the Fundamental Constitution which "provided 
that the eldest proprietor that shall be in Carolina shall be Governor ...." The date of 
Sothel's assumption of Governorship is not known. Extant records tell nothing about 
the government of Albemarle in the year following Jenkins' death. It is possible that 
Sothel's reached the colony and took office before Jenkins died or soon afterwards, it 
is possible that for a time there was an acting governor chosen by the council; or there 
may have been a period of chaos. Nothing is known except that Sothel arrived in 
Albemarle at some time prior to March 10, 1682, when he held court at Edward 
Smithwick's house in Chowan Precinct. Sothel actions and policies soon became intol- 
erable to the people of Albemarle and at the meeting of the assembly in 1689, thirteen 
charges of misconduct and irregularities were brought against him. He was banished 
from the colony for 12 months and was prohibited from ever again holding public 
office in Albemarle. On December 5, 1689, the Lords Proprietors officially suspended 
Sothel as governor because he abused the authority granted him as a proprietor. 

20 Archdale was in the colony by December, 1683, to collect quitrents and 
remained in Albemarle until 1686. While Governor Sothel was absent from the coun- 
ty, Archdale served on many occasions as acting governor. 

21 The Fundamental Constitutions provided that the eldest proprietor living in 
the colony would be governor and that if there were none, then the eldest cacique was 
to act. "Gibbs, a relative of the Duke of Albemarle, had been made a cacique of 
Carolina in October, 1682, and had been granted a manor in the southern Carolina 
colony a few months later. Gibbs came to Albemarle at some date before November, 
1689, by which time he was known as 'governor'. His claim to the governorship seems 
to have been recognized in the colony for a time; an assembly appears to have been 
held while he was governor'. It is probable that Albemarle inhabitants recognized his 
claim until word arrived of Ludwell's appointment, which was made in December, 
1689". Even after Ludwell arrived in Albemarle Gibbs continued to claim his right to 
the office. In July 1690 both were advised by the Virginia governor to carry their dis- 
pute to the proprietors in England, which was apparently done. On November 8, 1691 
a proclamation was issued by the proprietors to the inhabitants of Albemarle reaf- 
firming Sothel's suspension and repudiating the claim of Gibbs. They also suspended 
the Fundamental Constitutions which stripped Gibbs of any further legal basis for his 
actions. (The actions of the Proprietors on November 8, 1691 did in fact suspend the 
Fundamental Constitutions even though formal announcement of their suspension 
was not made until May 11, 1693). 

22 Ludwell was originally commissioned governor by the Lords Proprietors on 
December 5, 1689 following the suspension of Sothel, but his dispute with Gibbs led 
to tbe issuance of a second commission on November 8, 1691. He served as governor 
until his appointment as governor of all Carolina. 

23 Jarvis acted as deputy governor while Ludwell was in Virginia and England. 
He was officially appointed deputy governor upon Ludwell's acceptance of the gover- 
norship of Carolina and served until his death in 1694. 

24 Ludwell served as acting governor, possibly by appointment of Thomas Smith 
governor of Carolina, however, the authority under which he acted is not known. In 
October, 1694 it is apparent that the Proprietors did not know of his position as the 
proprietors refer to him as "our late Governor of North Carolina." He issued a procla- 
mation on November 28, 1693 and land grant records indicate that he acted as chief 
executive intermittently throughout 1694 and as late as May of 1695. Records show 
that he was residing in Virginia by April and had been elected to represent James 



134 North Carolina Manual 

City County in the Virginia Assembly. 

25 Harvey became president of the council upon the death of Jarvis in 1694. He 
was presiding over the council on July 12, 1694 and signed several survey warrants 
the same day. He continued serving until his death on July 3, 1699. 

26 Archdale stopped in North Carolina for a few weeks and acted as chief execu- 
tive on his way to Charleston to assume office as Governor of Carolina. He was in 
Virginia en route to Charleston on June 11, 12, and 13, 1695 and was in Charleston 
by August 17, 1695, the date on which he took the oath of office at Charleston. 

27 Archdale's authority to act as governor rested with his previous commission 
which was still valid. The problem of gubernatorial succession at this time is due to 
the death of Lord Craven and the confusion over the tenure of Lord Bath. Since no 
one other than the Lord Palatine could commission a new governor, there had been 
no "regular" governor appointed for Carolina. 

28 Walker, as president of the council, assumed the role of chief executive shortly 
after the death of Harvey and relinquished it upon the arrival of Robert Daniel (some- 
time between June 20, 1703 and July 29, 1703). 

29 Daniel was appointed deputy governor of Carolina by Sir Nathaniel Johnson, 
Governor of Carolina, and was acting in this capacity by July 29, 1703. Conflicts with 
minority religious groups, primarily the Quakers, led to his suspension in March 
1705. 

30 Cary was appointed by Sir Nathaniel Johnson, Governor of Carolina, to replace 
Daniel, and arrived in North Carolina on March 21, 1705. Dissenters were pleased 
initially with the appointment, because Cary was related by marriage to John 
Archdale, the Quaker proprietor; however, this initial feeling soon changed. When he 
arrived in North Carolina, Cary found Anglicans in most places of power and there- 
fore, cast his lot with them. Although the law requiring oaths of allegiance was still 
on the statutes books, dissenters had assumed that Cary would not enforce it. 
However, when the General Court met on March 27, the oath act was read and put 
into execution. At the General Assembly meeting in November, 1705, Quaker mem- 
bers were again required to take oaths; they refused and were excluded. Then Cary 
and his allies passed a law which voided the election of anyone found guilty of pro- 
moting his own candidacy. This loosely defined bill gave the majority faction in the 
lower house the power to exclude any undesirable member and was designed to be 
used against troublesome non-Quakers (who had no convictions against oath swear- 
ing). 

The dissenters and some disgruntled Anglicans now decided to send an agent to 
England to plead for relief. In October, 1706, their chosen representative, John Porter 
left Albemarle for London - it is almost certain that Porter was not a Quaker and in 
fact, may have been an Anglican. Although he did not take the oaths of office with his 
fellow justices at the October/November, 1705 session of the General Court, he had 
taken them in March, 1705. In England, Porter received the support of John 
Archdale, who persuaded the Lords Proprietors to issue orders to Porter, suspending 
Sir Nathaniel Johnson's authority over North Carolina, removing Cary as deputy gov- 
ernor, naming five new councillors, and authorizing the council to elect a chief execu- 
tive. 

Returning to Albemarle in October, 1707, Porter found William Glover and the 
council presiding over the government because Cary had left for a visit to South 
Carolina. This arrangement appeared satisfactory to Porter, who called the new lords 
deputies together and nominated Glover as president of the council. Glover was elect- 
ed, but the vote was illegal since Porter's instructions required that Cary and the for- 
mer councillors be present for the voting. Porter knew exactly what he was doing, 
however, and later used the illegality of the election to force Glover out of office. 



The North Carolina Executive Branch 135 

On November 3, 1707, Glover convened the general assembly at John Hecklfield's 
house at Little River. Joining him in the upper house as lords deputies were Porter, 
Foster, Newby, Hawkins, and Thomas Cary, recently returned from South Carolina. 
After requesting that the lower house send its list of members to him, the president 
proposed dissolution of the assembly without further business. Cary objected, but the 
following day Glover and the rest of the council dissolved the General Assembly. 
Although he had been required to convene the assembly in compliance with the bien- 
nial act which specified that a legislative session be held every two years, Glover 
apparently did not want Cary to use the gathering as a forum. 

At some point between the close of the assembly in November, 1707, and the 
summer of 1708, Glover turned on the dissenters. Apparently, he decided to revive 
the oath of office and force the Quaker councillors to take it. Seeing the turn of 
events, Cary moved to join Porter and the dissenters in the hope of regaining the 
chief executive's office. After receiving assurances of toleration from Cary, Porter 
moved decisively. Late in the summer of 1708, he called together both Cary's old 
councillors and the new ones, as he was originally supposed to have done in October, 
1707, and announced that Glover's election as president had been illegal. Glover, 
joined by Thomas Pollock, protested vigorously and armed violence broke out between 
! the two factions. Soon though, both sides agreed to let the General Assembly deter- 
mine the validity of their rival claims. Cary and Glover each issued separate writs of 
election to every precinct which then proceeded to elect two sets of burgesses - one 
pledged to Cary and one to Glover. Cary men predominated in Bath County and 
Pasquotank and Perquimans precincts, Glover men controlled Currituck precinct, 
, and Chowan was almost evenly divided. In the critical maneuvering for control of the 
i assembly which met October 11, 1708, Cary forces scored an early, ultimately decisive 
victory. Edward Moseley, an Anglican vestryman, was chosen speaker of the house, 
i Despite his religious affiliation, he was a Cary supporter. Through Moseley's careful 
; management, Cary delegates were seated from every precinct except Currituck. 
' When news of the Cary victory in the lower house reached Glover, he departed for 
; Virginia. (There is evidence that Glover continued to act in the capacity of president 
;of a council during 1709 and 1710 - land grant records indicate several grants 
' throughout each year bear his name and the names of his councillors. The general 
i assembly nullified the test oaths, and the council officially elected Cary president. 

The Lords Proprietors were slow to intervene in the situation in North Carolina, 
iln December, 1708, they appointed Edward Tynte to be governor of Carolina and 
, instructed him to make Edward Hyde deputy governor of North Carolina. Arriving in 
jthe colony early in 1711, Hyde had no legal claim on the deputy governorship because 
) Tynte had died before commissioning him. However, he was warmly received in 
Albemarle, and his position as a distant kinsman of the queen was so impressive that 
the council elected Hyde to the presidency. He called a general assembly for March, 
1711, where he recommended harsh legislation against dissenters and the arrest of 
Cary and Porter. From his home in Bath, Cary rallied his supporters to resist, and 
the armed conflict known as the Cary Rebellion began. 
31 See footnote 30. 
32 See footnote 30. 
33 See footnote 30. 
34 See footnote 30. 
35 See footnote 30. 

36 Edward Hyde served first as president of the council and later as governor by 
commission from the Lords Proprietors. When Cary challenged his authority, armed 
conflict erupted between the two. The event, known as Cary's Rebellion, ended with 
the arrest of Cary— he was later released for lack of evidence. Hyde continued as 



136 North Carolina Manual 

governor until his death on September 8, 1712. 

37 See footnote 36. 

38 Pollock, as president of the council, became governor following the death of 
Hyde and served in that capacity until the arrival of Charles Eden. 

39 Eden was commissioned by the Lords Proprietors and served until his death on 
March 22, 1722. 

40 Pollock, as president of the council, became chief executive after Eden's death, 
and served until his own death in September, 1722. 

41 Reed was elected president of the council, to replace Pollock and as such served 
until the arrival of George Burrington. 

42 Burrington was commissioned governor of North Carolina by the Lords 
Proprietors and served until he was removed from office. Why he was removed is not 
officially known. 

43 Moseley, as president of the council, was sworn in as acting governor when 
Burrington left the colony to travel to South Carolina. By November 7, 1724 
Burrington had returned to North Carolina. 

44 Everard was commissioned by the Lords Proprietors following the removal of 
Burrington, who continued to create problems for Everard after he had taken office. 
Everard remained governor during the period of transition when North Carolina 
became a royal colony. 

Royal Chief Executives 



45 In 1729, the Lords Proprietors gave up ownership of North Carolina and with it 
the right to appoint governors and other officials. 

46 Burrington was the first governor commissioned by the crown, and the only 
man to be appointed by both the Lords Proprietors and the crown. He qualified before 
the council in 1731. His political enemies succeeded in securing his removal from 
office in 1734. 

47 Rice served as chief executive while Burrington was out of the colony. 

48 Johnston was commissioned by the crown and served as governor until his 
death on July 17, 1752. 

49 Rice, as president of the council, became Chief executive following the death of 
Johnston however, he too was advanced in age and soon died. 

50 Rowan was elected president following the death of Rice and served as chief 
executive until the arrival of Dobbs. 

51 Dobbs was commissioned by the crown and arrived in North Carolina in late 
October, 1754. He qualified before the chief justice and three members of the council 
who had met him in Bath. He continued serving until his death in March, 1765. 

52 Hassel served as chief executive during the absence of Dobbs from the colony. 
Dobbs had returned by December 19, 1763. 

53 Tryon, who had been commissioned lieutenant governor under Dobbs, served as 
chief executive, first under his commission as lieutenant governor, and then under a 
new commission as governor. He served in this capacity until 1711 when he was 
appointed governor to New York. 

54 See footnote 53. 

55 James Hasell, as president of the council, acted as interim governor until the 
arrival of Josiah Martin. 

56 Josiah Martin was appointed by the crown and served as the last royal governor 
of North Carolina. The date of his actual relinquishing of authority has been one of con- 
troversy among historians. Some cite the day he left North Carolina soil as July, 1775; 



The North Carolina Executive Branch 137 

others accept July 4, 1776. Martin considered himself to be governor throughout the 
Revolution since his commission had not been rescinded. 

57 Hasell, as president of the council, acted as temporary governor during the 
absence of Martin who had left the colony for New York for reasons of health. 

Governors Elected by the General Assembly 

58 The Constitution of 1776 provided that the general assembly "elect a governor 
for one year, who shall not be eligible to that office longer than three years, in six suc- 
cessive years." 

59 Caswell was appointed by the Provincial Congress to act "until [the] next 
General Assembly." He was later elected by the general assembly to one regular term 
and two additional terms. 

60 The House and Senate Journals for 1780 are missing; however, loose papers 
found in the North Carolina Archives provided the necessary information. Nash 
requested that his name be withdrawn from nomination in 1781. 

61 On September 12, 1781, Burke and several other state officials and continental 
officers were captured by the British. Burke was sent to Sullivan's Island near 
Charleston, South Carolina and later transferred to James Island. After several 
attempts, he was able to obtain a parole to return to North Carolina in late January, 
1782. General Alexander Leslie, who issued the parole, later changed his mind and 
wrote General Nathaniel Greene requesting the immediate return of Burke. Feeling 
that it was more important for him to remain in North Carolina, Burke refused to 
comply with the request despite urging from several men of importance who ques- 
tioned the legality, as well as the prudence, of his actions. The adversity which devel- 
oped, prompted Burke to have his name withdrawn from the list of nominees for gov- 
ernor in 1782. He retired from public life to his home near Hillsborough where he 
died the following year. 

62 Martin, as speaker of the senate, was qualified as acting governor upon receiv- 
ing news of Burke's capture. He served in this capacity until Burke returned to North 
Carolina in late January, 1782. 

63 0n November 26, 1789 Johnston was elected as United States Senator after 
having already qualified as governor. A new election was held on December 5, and 
Alexander Martin was elected to replace him. 

64 See footnote 63. 

65 Davie served only one term as governor due to his appointment in 1799 by 
President Adams to a special diplomatic mission to France. Crabtree, North Carolina 
Governors, 57. 

66 Ashe died before he could qualify, and Turner was elected to replace him. 

67 See footnote 66. 

68 Turner was elected to the United States Senate on November 21, 1805 to fill a 
vacancy created by the resignation of Montford Stokes. 

69 Iredell resigned on December 1, 1828 following his election to the United States 
Senate to fill the seat vacated by the resignation of Nathaniel Macon. 

70 Stokes was appointed by President Jackson in 1832 as "chairman of the 
Federal Indian Commission to supervise the settlement of southern Indians west of 
the Mississippi." 



138 North Carolina Manual 

Governors Elected by the People— Two-Year Term 

71 The Constitutional Convention of 1835 approved an amendment to the con- 
stitution which provided for the popular election of governor. The terms of office for 
governor was lengthened to two years; however, he could only serve two terms in a 
six- year period. 

72 Manly was defeated for re-election by Reid in 1850. 

73 0n November 24, 1854, Reid was elected by the general assembly to complete 
the unexpired term of Willie P. Mangum in the United States Senate. He resigned as 
governor following the resignation of Reid. 

74 Winslow, as speaker of the house, qualified as governor following the resigna- 
tion of Reid. 

75Ellis died on July 7, 1861. 

76 Clark, as speaker of the senate, became governor following the death of Ellis. 

77 Holden was appointed provisional governor on May 9, 1865 by the occupation 
commander. He was defeated by Worth in the popular election of 1865. 

78 The North Carolina Constitution of 1868 extended the term of office for gover- 
nor from two years to four years, but prohibited him from seeking re-election for the 
following term. 

Governors Elected by the People— Four-Year Term 

79 The efforts of the conservatives in keeping blacks away from the polls during 
the election of 1870 resulted in a substantial majority of the seats in the General 
Assembly being won by conservative candidates. On December 9, 1870, a resolution of 
impeachment against Holden was introduced in the House of Representatives by 
Frederick N. Strudwick of Orange. In all, eight charges were brought against 
Governor Holden. The trial lasted from February 21, 1871 to March 23, 1871 and 
Holden was found guilty on six of the eight charges. He was immediately removed 
from office. 

80 Caldwell became governor following the removal of Holden from office and was 
elected governor in the general elections of 1872. He died in office July 11, 1874. 

81 See footnote 80. 

82 Vance was elected governor in 1876. On January 21, 1879 he was elected to the 
United States Senate by the general assembly and resigned as governor effective 
February 5, 1989. 

83 Jarvis became governor following the resignation of Vance, and was elected 
governor in the general elections of 1880. 

84 Robinson was sworn in as governor on September 1, 1883 to act while Jarvis 
was out of the state. He served from September 1 through September 28. 

85 Fowle died April 7, 1891. 

86 Umstead died on November 7, 1954. 

87 Holshouser was the first Republican elected Governor since 1896 when Daniel 
Russell was elected. 

88 Hunt became the first governor elected to a four-year term who was then elect- 
ed to another term. A constitutional amendment adopted in 1977 permitted the gov- 
ernor & lieutenant governor to run for re-election. 

89 Martin was elected in 1984 becoming only the second Republican elected in this 
century. He was reelected in 1988. 

90 Hunt became the first governor to serve two consecutive four-year terms and 
then, after sitting out two gubernatorial elections, be re-elected for a third term. 



The North Carolina Executive Branch 



139 



THE OFFICE OF THE 



LIEUTENANT GOVERNOR 



The origin of the office goes back 
to 16th century England when 
the English Crown established 
the office of the Lord Lieutenant, a 
county official who represented the 
king in the management of local 
affairs. 

Although several early American 
colonial charters referred to a 
"deputy governor," the phrase 
"Lieutenant Governor" was used for 
the first time in the Massachusetts 
Charter of 1691. That charter also 
made it clear that the Lieutenant 
Governor would become governor in 
the event of a vacancy. The office of 
the Lieutenant Governor in colonial 
times seems to have been established 
expressly to cope with the problem of 
gubernatorial absence. 

The concept of the Lieutenant 
Governor presiding over the upper 
house of the state legislature may 
have had its roots in the colonial 
practice of making the Lieutenant 
Governor the chief member of the 
Governor's council. 

The North Carolina Constitution 
of 1776 made no provision for a 
Lieutenant Governor. However, the 
constitutional convention of 1868, 
brought together to frame a new con- 
stitution, provided for an elective 
office of the Lieutenant Governor. 

Between 1868 and 1970, the 
Lieutenant Governor was a part- 
time official with very limited 
authority. He served only when the 
General Assembly was in session or 
in the absence of the Governor. His 
primary responsibility was that of 
presiding officer of the Senate, and 



in that capacity, he appointed sena- 
tors to committees, and oversaw leg- 
islation as it passed through the 
Senate. Today, the office of 
Lieutenant Governor is a full-time 
position and is no longer limited to 
one four-year term — he may be elected 
to one additional, consecutive four- 
year term. 

Unlike any other state official, 
the Lieutenant Governor straddles 
the executive and legislative branches, 
vested with constitutional and statu- 
tory powers in both branches. Under 
the constitution he is first in line to 
succeed the Governor should that 
office become vacant. 

The Lieutenant Governor is 
President of the Senate, and as chief 
presiding officer he directs the 
debate of bills on the Senate floor. 
The Lieutenant Governor is a mem- 
ber of the Council of State. Some of 
the boards and commissions the 
Lieutenant Governor serves on 
include the State Board of Education, 
the Economic Development Board, 
and the North Carolina Capitol 
Planning Commission. The 
Lieutenant Governor is also a mem- 
ber of the State Board of Community 
Colleges, serving as Board Chairman 
for the 1993-95 term. He is also 
chairman of the North Carolina 
Small Business Council which for- 
mulates policy to promote small busi- 
ness growth and development across 
the state. The Lieutenant Governor 
makes appointments to more than 70 
boards and commissions within the 
legislative and executive branches. 
The Lieutenant Governor has a 



140 North Carolina Manual 

staff that assists him in carrying out his duties. Much of the work of the 
staff involves responding to citizen inquiries and problems, developing policy 
initiatives and working with other state agencies. 

Boards and Commissions 

The Economic Development Board 

The North Carolina Capitol Planning Commission 

The North Carolina Small Business Council 

The State Board of Community Colleges 

The State Board of Education 

For Further Information 

(919) 733-7350 



The North Carolina Executive Branch 141 



142 



North Carolina Manual 




The North Carolina Executive Branch 143 

Dennis Alvin Wicker 

Lieutenant Governor 

Early Years 

Born in Sanford, Lee County, June 14, 1952, to J. Shelton and Clarice (Burns) 
Wicker. 

Educational Background 

Lee County Public Schools; UNC-Chapel Hill, 1974, B.A. (Economics); Wake Forest 
University Law School, 1978. 

Professional Background 

Attorney (firm of Love and Wicker, P.A., 1979-92). 

Organizations 

N.C. State and American Bar Associations; Academy of Trial Lawyers. 

Boards and Commissions 

N.C. Board of Education; Chair, N.C. Board of Community Colleges; Economic 
Development Board; Chair, Small Business Council. 

Political Activities 

Lieutenant Governor of North Carolina, 1993-; N.C. House of Representatives, 1980- 
92 (6 terms). 

Personal Information 

Married, Alisa O'Quinn of Mamers, N.C, November 6, 1982. Children: Quinn 
Edward and Jackson Dennis (twins). Member, St. Lukes Methodist Church. 



144 North Carolina Manual 



LIEUTENANT GOVERNORS* 
1868 to Present 

Name Residence Term 

Tod R. Caldwell 2 Burke 1868-1870 

Curtis H. Brogden 3 Wayne 1873-1874 

Thomas J. Jarvis 4 Pitt 1877-1879 

James L. Robinson 5 Macon 1881-1885 

Charles M. Stedman New Hanover 1885-1889 

Thomas M. Holt 6 Alamance 1889-1891 

Rufus A. Doughton Alleghany 1893-1897 

Charles A. Reynolds Forsyth 1897-1901 

Wilfred D. Turner Iredell 1901-1905 

Francis D. Winston Bertie 1905-1909 

William C. Newland Caldwell 1909-1913 

Elijah L. Daughtridge Edgecombe 1913-1917 

Oliver Max Gardner Cleveland 1917-1921 

William B. Cooper New Hanover 1921-1925 

Jacob E.Long Durham 1925-1929 

Richard T. Fountain Edgecombe 1929-1933 

Alexander H. Graham Orange 1933-1937 

Wilkins P. Horton Chatham 1937-1941 

Reginald L. Harris Person 1941-1945 

Lynton Y. Ballentine Wake 1945-1949 

Hoyt Patrick Taylor Anson 1949-1953 

Luther H. Hodges 7 Rockingham 1953-1954 

Luther E. Barnhardt Cabarrus 1957-1961 

Harvey Cloyd Philpott 8 Davidson 1961-1965 

Robert W. Scott Alamance 1965-1969 

Hoyt Patrick Taylor, Jr Anson 1969-1973 

James B. Hunt, Jr Pitt 1973-1977 

James C. Green 9 Bladen 1977-1985 

Robert B. Jordan, III Montgomery , 1985-1989 

James C. Gardner 1 ** Nash 1989-1993 

Dennis A. Wicker Lee 1993-Present 

iThe office of lieutenant governor was created by the North Carolina Constitution of 1868. 
2 Caldwell became governor following the removal of Holden from office in 1870. 
3 Brogden became governor following the death of Caldwell. 
4 Jarvis became governor following the resignation of Vance. 
5 Robinson resigned from office on October 13, 1884. 
6 Holt became governor following the death of Fowle. 
7 Hodges became governor following the death of Umstead. 
8 Philpott died on August 18, 1961. 

9 Green was the first lieutenant governor elected to a second term. 
10 Gardner was elected in 1988, becoming the first Republican elected lieutenant 
governor this century. 



The North Carolina Executive Branch 145 

THE DEPARTMENT OF 



THE SECRETARY OF STATE 



The office of the Secretary of Eure broke the record. In 1989, the 

State is the second oldest gov- "oldest rat in the democratic barn" 

ernmental office in North retired from office after more than 52 

Carolina. Shortly after the Lords years as North Carolina's "Mr. 

Proprietors were granted their char- Secretary." 

ter in 1663, the first secretary was The Secretary of State is a con- 
appointed to maintain the records of stitutional officer elected to a four- 
the colony. The office was continued yea r term by the citizens of North 
after the crown purchased North Carolina at the same time as other 
Carolina from the Lords Proprietors elected executive officials. He heads 
in 1728. The office of Secretary of the Department of the Secretary of 
State was included in the North State which was created by the 
Carolina state Constitution of 1776. Executive Organization Act of 1971. 
From 1776 until 1835, the The Secretary of State is a member 
Secretary of State was elected by the of the Council of State and is an ex- 
General Assembly in joint session for officio member of the Local 
a term of one year. The Convention Government Commission and 
of 1835 adopted several amend- Capital Planning Commission. He 
ments, one of which changed the also chairs the Information Resource 
meeting schedule of the General Management Commission (formerly 
Assembly from annually to biennial- the Information Technology Comm- 
ly and provided for the election of the ission) as well as the Constitutional 
Secretary of State, by the General AmendmentsPublications Committee. 
Assembly, every two years. By statute the Secretary receives 
Beginning in 1868, the Secretary of all ratified bills of the General 
State was elected by the people of Assembly as well as the original 
North Carolina. Individuals elected journals of the state Senate and 
to the office were usually reelected state House of Representatives, 
on a regular basis. Only seven men The Secretary of State is empow- 
held the office during its first 92 ered by law to administer oaths to 
years and only 21 individuals have any public official of whom an oath is 
held the office since its creation in required. The Secretary is frequently 
1776. William Hill who served as called upon to administer oaths to 
Secretary of State from 1811 until officers of the Highway Patrol, 
his death in 1857, held the office a judges and other elected officials, 
total of 46 years. This record of ser- The Secretary of State is 
vice seemed an unbreakable mark required to faithfully perform the 
until the election of 1936 when a duties assigned by the Constitution 
young politician from Hertford and laws of North Carolina. The 
County was elected Secretary of Department of the Secretary of 
State. On December 22, 1982, Thad State, under the direction of the 



146 North Carolina Manual 

Secretary of State, is charged with requirements prior to filing to 

maintaining certain records pertain- authority to enforce such compliance, 

ing to state and local government The Department has responsibilities 

actions and the commercial activities under approximately fifty separate 

of private businesses. This duty is statutes dealing with such diverse 

imposed by various sections of the subjects as custodianship of the 

General Statutes of North Carolina Constitution and laws of the State, 

and involves varying degrees of administrative commercial law, the 

responsibility from reviewing of doc- elective process, the General 

uments for compliance with statutory Assembly and public information. 



General Administration Division 

The General Administration Division, under the supervision of the 
Secretary of State and the chief deputy, is responsible for all administrative 
and management functions including budget, personnel, planning and coor- 
dination. In addition, the Division handles miscellaneous statutory duties 
and responsibilities not assigned to one of the other departmental divisions. 
Included among these are the registration of lobbyists, the registration of 
trademarks, and the recording of municipal annexation ordinances. Its main 
priority is to streamline office operations and increase efficiency and produc- 
tivity throughout the department. 

Corporations Division 

The Corporations Division is responsible for filing corporation, limited 
partnership, and limited liability company documents as required by the 
laws of North Carolina. These laws are enabling statutes under which these 
organizations are created. The responsibility of the Secretary of State is to 
ensure uniform compliance with such statutes, record information required 
as a public record, prevent duplication of corporate names and furnish infor- 
mation to the public. In 1989 a complete rewrite of the Corporation Laws of 
North Carolina was enacted by the General Assembly, followed in 1993 by 
the enactment of the LLC Act. 

The division is responsible for maintaining records on approximately 
150,000 current corporations, limited partnerships, and limited liability com- 
panies. The Information Services Group handles more that 1,200 inquiries 
daily regarding the records and the unit processes more than 35,000 corpo- 
rate documents and 70,000 annual reports each year. 

Notary Public Division 

The function of issuing commissions to notaries public was transferred to 
the Department of the Secretary of State from the Office of the Governor 
under the Executive Organization Act of 1971. The primary purpose of the 
Notary Public Division is to provide a means for establishing the authenticity 
of signatures. This is accomplished through the issuing of commissions to 
notaries public in all of the counties in North Carolina. 

In 1983, the Department of the Secretary of State, in cooperation with 
the Department of Community Colleges, developed and implemented a 



The North Carolina Executive Branch 147 

Notary Public Education Program. The purpose of this program is to educate 
notaries about the legal, ethical and technical requirements of performing a 
notarial act. North Carolina is recognized as the first in the nation to initiate 
such a program. 

In order to be a notary in North Carolina, an individual must meet cer- 
tain eligibility requirements as prescribed in Chapter 10A of the general 
statues. These include: 

(1) satisfactory completion of a course of study approved by the Secretary 

of State consisting of not less than three hours nor more than six 
hours of classroom instruction from State community colleges 
(practicing attorneys at law are exempt); 

(2) applying for appointment on a form provided by the Secretary of 
State and made available by the instructor upon the satisfactory 
completion of the required course work; 

(3) being at least 18 years of age; 

(4) purchasing a manual approved by the Secretary of State that 
describes the duties, authority and ethical responsibilities of notaries 
public; 

(5) reside or work in this state; and 

(6) obtaining a recommendation as to character and fitness from one 
publicly elected official in North Carolina. 

The office of notary public is one of the oldest in history, having existed as 
far back as the days of the Greek and Roman Empires. There are notaries in 
every one of the 50 states and in most of the countries around the world. 

Publications Division 

The Publications Division is primarily responsible for compiling and pub- 
lishing information which will be useful to the General Assembly, to state 
agencies, and to the people of North Carolina. In addition, it is also responsi- 
ble for maintaining, for public inspection, certain records, such as election 
returns, for which the Secretary of State is custodian. The division publishes 
such useful items as the Directory of State and County Officials of North 
Carolina and the North Carolina Manual, as well as other departmental and 
divisional publications which provide the citizens of North Carolina with 
timely and accurate information in a variety of important areas. 

Within the Publications Division are the original ratified acts of the 
General Assemblies of North Carolina, as well as primary and general elec- 
tion voting results for recent elections. Until 1994 the Land Grants Section 
was also a part of the Publications Division, however, in an effort to preserve 
and protect these valuable records which date back to the 1660s, the division 
worked with State Archives to microfilm the land grant records and transfer 
the originals to the State Archives for permanent keeping. 

The Securities Division 

The Securities Division is responsible for administering the state's secu- 
rities laws. These "blue sky" laws, as they are known, are contained in 



148 North Carolina Manual 

Chapters 78A, and 78C of the General Statutes. The intent of these laws is to 
protect the investing public by requiring a satisfactory investigation of both 
the people who offer securities and of the securities themselves. The laws 
provide for significant investigatory powers and for due process in any 
administrative, civil or criminal action. The Securities Division is the appro- 
priate state agency for addressing investor complaints concerning securities 
brokers and dealers, investment advisers, or commodity dealers, and for 
inquiring about offerings of particular securities or commodities. Although 
the Division cannot represent an investor in a claim for monetary damages, 
the staff can investigate alleged violations and suspend or revoke a license, 
issue stop orders against securities offerings, issue cease and desist orders, 
seek court ordered injunctions, or refer the matter to an appropriate district 
attorney for criminal prosecution. Conviction of willfully violating the "blue 
sky" laws carries the penalty of a Class I felony. In addition to administering 
these "blue sky" laws, the Division is also responsible for the registration of 
athlete agents, loan brokers and investment advisors. 

This division also strives to provide the citizens of North Carolina with 
the tools to make informed investment decisions and, in March of 1994, a toll 
free number was put into effect in an effort to assist these investors. The 
number is (800) 688 - 4507. 

Furthermore, the Securities Division administers The Qualified Business 
Tax Credit Program. Through this program, investors may obtain tax credits 
based on the amounts they invest in "Qualified Business Ventures" and 
"Qualified Grantee Businesses" which are registered with the Secretary of State. 
A "Qualified Business Venture" is a North Carolina business (or one which 
moves its operation to North Carolina) which engages in manufacturing, pro- 
cessing, warehousing, wholesaling, research and development, or a service-relat- 
ed industry and which has not yet generated more than $5,000,000 in annual 
gross revenues. A "Qualified Grantee Business" is one which has received a 
grant or funding from a specified economic development agency. Qualifying indi- 
vidual investors may claim tax credit of up to 25% of their investments in regis- 
tered Qualified Businesses up to a maximum annual credit of $50,000. 

The Secretary of State, as the state's securities administrator, is a mem- 
ber of the North American Securities Administrators Association (NASAA). 
Through this organization the Division's staff assists in the adoption of 
nationwide uniform policies on securities. The Division works with other 
state securities agencies, various federal agencies (including the Securities 
and Exchange Commission), and with various industry groups such as the 
National Association of Securities Dealers. 

Uniform Commercial Code Division 

The Uniform Commercial Code Division is required under Article 9 of 
the North Carolina General Statutes to provide a method of giving notice of 
security interests in personal property to interested third parties. The 
method adopted is a "notice" filing system. Recorded information in the UCC 
Division is public record. 



The North Carolina Executive Branch 149 

The Secretary of State, as central filing officer, receives and files financ- 
ing statements and related "notice" statements and furnishes the informa- 
tion to the public. This division processes over 10,000 filings monthly and 
has a 24-hour turnaround on all record requests and filings. 

It is the responsibility of the secured party to file a statement showing 
the name and address of the debtor, the name and address of the secured 
party and a brief description of the collateral. These documents are indexed 
by the debtor's name. A search of the records on a particular debtor will pro- 
duce a list of all active creditors who have filed statements with this office. 
Interested parties are given sufficient information to contact the creditors for 
further information regarding the lien. 

Financing statements are generally effective for a five year period. 
Within six months prior to their expiration date, the statements may be 
extended for an additional five years. 

The Secretary of State is also central filing officer for federal tax liens 
which are handled in the same manner as UCC filings. 

Large financial transactions are affected daily through information 
received from the UCC Division. 

The Business License Information Office 

The Business License Information Office, created in 1987 by the General 
Assembly, was established due to the business community's need for relief 
from an often confusing licensing system as they recognized that the time 
and energy of prospective business owners could be better spent in other 
areas. There are hundreds of business related licenses and permits issued by 
the State of North Carolina which can only be obtained by finding the correct 
application or related form amongst the hundreds in existence. This experi- 
ence often proves very frustrating to the would-be entrepreneur. To make 
this process simpler, the Business License Information Office is currently 
implementing a Master Application System which will provide a "one stop" 
business application procedure for the entrepreneur. This program should 
eliminate much of the red tape in creating a business. One form and one fee 
complete the necessary information for several required licenses saving time 
and money for the applicant as well as state agencies. 

The purpose of the Business License Information Office is: 

(1) to offer new and existing businesses an accessible central information 

source; 

(2) to assist potential business owners in securing the necessary state 
issued licenses, permits, and/or other authorizations in order to 
operate a business in North Carolina; 

(3) to monitor the license application review process; and 

(4) to act as an advocate for regulatory reform. 

Assistance is available to all businesses regardless of size, type or loca- 
tion. There are no fees for the services provided and assistance is available 
by telephoning or visiting the office. A toll free telephone number has been 



150 North Carolina Manual 

established for the convenience of the users. The number is (800) 228-8443. 

A directory, the North Carolina State Directory of Business Licenses and 
Permits has been published by the office. This publication contains up-to date 
information on over 600 state required licenses and permits. 

Land Records Management Division 

The Land Records Management Division was created by the North 
Carolina General Assembly in 1977. The program urges the creation or 
improvement of large scale county maps and the improvement of record- 
keeping procedures with an emphasis on computerization when feasible. 
Land Records Management provides technical and financial assistance to 
local governments wishing to modernize and standardize local land records. 
Technical assistance is provided in four major areas: base mapping, cadastral 
mapping, parcel identifiers, and automation of land records. 

In 1987 the General Assembly added the responsibility to establish 
minimum standards for counties with regard to: (1) uniform indexing of 
land records, (2) uniform recording and indexing for maps, plats, and condo- 
miniums, and (3) security and reproduction of land records. In 1989 the 
General Assembly directed the Land Records Management Division to make 
comparative salary studies periodically for all register of deeds offices and to 
review and approve satellite register of deeds offices. In 1991, the General 
Assembly approved the Land Records Management Division's supervision of 
minimum indexing standards effective July 1, 1993. 

The Land Records Management Division also provides financial assis- 
tance to local governments on a 50/50 matching basis. The Land Records 
Management Division's grant program has provided over $5.6 million since 
1978 as the catalyst to modernize local records statewide. The Land Records 
Management Division has an advisory committee of 12 members nominated 
by professional associations who are appointed by the Governor. 

Boards and Commissions 

Advisory Committee on Land Records 
Capitol Planning Commission 
Information Technology Commission 
Constitution Publication Committee 
Local Government Commission 

For Further Information 

(919) 733-4161 

Business License Information Office: (800) 228-8443 



The North Carolina Executive Branch 151 



152 



North Carolina Manual 




The North Carolina Executive Branch 153 

Rmfiis L. Edniisten 

Secretary of State 

Early Years 

Born in Boone, Watauga County, July 12, 1941, to Walter F. and Nell (Hollar) 
Edmisten. 

Educational Background 

Appalachian High School, 1959; UNC-Chapel Hill, 1963, B.A. with Honors; George 
Washington University, 1967, J.D. with Honors; Law Review, 1966. 

Professional Background 

Elected Secretary of State, November 1988 and 1992; Attorney; (Senior Partner, 
Edmisten and Weaver, 1985-89); Attorney General of North Carolina, 1974-84; Aide 
to US Senator Sam J. Ervin, Jr. (served as Counsel, Senate Subcommittee on 
Constitutional Rights; Chief Counsel and Staff Director, Senate Subcommittee on 
Separation of Powers; Deputy Chief Counsel, Senate Select Committee on 
Presidential Campaign Activities — Watergate Committee), 1963-74. 

Organizations 

Founder and Chair, Foundation for Good Business; Founder, Extra-Special Super 
Kids Scholarship Program, 1990 (nearly 25 scholarships awarded, since the program 
began, to students across the state in grades 5-8 in the amount of $1000 each); Co- 
Chair, Kids Classic Golf Tournament to benefit Duke University Children's Hospital; 
Honorary Chair, Autism Foundation and Society; N.C. Bar Association; N.C. State 
Bar; District of Columbia Bar Association; American Bar Association; Federal Bar 
Association; Phi Delta Phi Legal Fraternity; Estey Hall Foundation; Southern 
Appalachian Historical Association (President); Established Attorney General's 
Committee on Local and Historic Preservation Law, 1978; Scottish Rite Bodies and 
York Rite Masonic Bodies of Raleigh; Amran Temple, Shriners; Wake County SPCA. 

Boards and Commissions 

Council of State; N.C. Capitol Planning Commission; Chair, Information Resource 
Management Commission; Constitution Publications Committee (former Chair); 
Local Government Commission; Economic Development Board; Small Business 
Council; Board of Trustees, Flat Rock Playhouse - the State Theatre of North 
Carolina; President-elect and Member of Executive Committee, National Association 
of Secretaries of State; Chair of NASS Ad Hoc Committee on Securities; Member, 
Enforcement Policy Committee, North American Securities Administrators 
Association; Trustee, National Investor Protection Fund through NASAA; Member, 
Council of State Governments State Information Policy Consortium Steering 
Committee, Executive Committee and Intergovernmental Affairs Committee 

Political Activities 

Secretary of State of North Carolina, 1989-present, Attorney General, 1974-1984; 
Democratic nominee for governor, 1984; General Advisor, Charter Commission of 
Democratic National Committee; Deputy Chief of Security, Democratic National 
Convention, 1980 and 1988; Democratic Party. 



154 North Carolina Manual 

Hon or sand A wa rds 

Visiting lecturer in Political Science (Constitutional Law), Greensboro College, 1985; 
Guest Lecturer, North Carolina State University, 1986. 

Personal Information 

Married, Linda Harris, December, 1983. Children: Martha Moretz Edmisten of 
Washington D.C. Member, Three Forks Baptist Church, Boone, N.C. 



The North Carolina Executive Branch 155 



SECRETARIES OF NORTH CAROLINA 



COLONIAL SECRETARIES 
Name Term 

Richard Cobthrop 1 

Peter Carteret 2 1665-[1672] 

Robert Holden 3 1675-1677 

[Thomas Miller]* 1677-[1679] 

Robert Holder^ 1679-[1683] 

Woodrowe 6 [1683-1685] 

Francis Hartley 7 [1685-1692] 

Daniel Akerhurst 8 [1692-1700] 

Samuel Swann 9 [1700H704 

Tobias Knight 10 1704-1708 

George Lumley 11 1704 

George Lumley 1708 

Nevil Low 12 

Tobias Knight 13 1712-1719 

JohnLovick 14 1719-1722 

JohnLovick 15 1722-1731 

Joseph Anderson 16 1731 

Nathaniel Rice 17 1731-1753 

James Murray 18 1753-1755 

Henry McCulloch 19 1755 

Richard Spaight 20 1755-1762 

Thomas Faulkner 21 

Richard Spaight 22 1762 

Benjamin Heron 23 1762-1769 

John London 24 1769-1770 

Robert Palmer 25 1770-1771 

Samuel Strudwick 26 1772-[1775] 



SECRETARIES OF STATE 27 



Name Residence Term 

James Glasgow 28 1777-1798 

William White 29 1798-1811 

William Hill 30 1811-1857 

Rufus H. Page 31 1857-1862 

John P. H. Russ 32 1862-1864 

Charles R. Thomas 33 1864-1865 

Robert W. Best 34 1865-1868 

Henry J. Menninger 35 Wake 1868-1873 

William H. Howerton Rowan 1873-1877 



156 North Carolina Manual 

Name Residence Term 

Joseph A. Engelhard 36 New Hanover 1877-1879 

William L. Saunders 37 Wake 1879-1891 

Octavius Coke 38 Wake 1891-1895 

Charles M. Cooke39 Franklin 1895-1897 

Cyrus Thompson Onslow 1897-1901 

John Bryan Grimes 40 Pitt 1901-1923 

William N. Everett 41 Richmond 1923-1928 

James A. Hartness 42 Richmond 1928-1933 

Stacey W. Wade 43 Carteret 1933-1936 

Charles G. Powell 44 Granville 1936 

Thad A. Eure 45 Hertford 1936-1989 

Rufus L. Edmisten Watauga 1989-Present 

Colonial Secretaries 



^obthrop was apparently chosen by the Lords Proprietors, but never sailed to 
Albemarle. 

2 Carteret was commissioned by the Lords Proprietors and arrived in Albemarle 
on February 23, 1665. He was presumably qualified shortly after his arrival. 
Following the death of Governor Stephens in early 1670, Carteret was chosen his suc- 
cessor, but apparently continued serving as secretary. It is possible that he acted in 
both capacities until his departure for England in 1672. 

3 Little is known concerning Holden's appointment of dates of service. He was 
serving as secretary on July 26, 1675, where he verified a sworn statement and seems 
to have continued until the arrival of Miller in July, 1677. It is possible that he was 
appointed secretary prior to this date since he had been in the colony since 1671. 

4 When Eastchurch appointed Miller to act in his stead until he returned to North 
Carolina, he apparently appointed him secretary as well as deputy governor. On 
October 9, 1677, he attested to the granting of a power of attorney, however this could 
have been in the capacity of acting governor rather than as secretary. 

5 Holden was appointed by the Lords Proprietors and apparently arrived in 
Albemarle in July, 1679. A warrant appointing him Receiver General of North 
Carolina was issued by the Lords Proprietors in February, 1679, and it is possible 
that a similar warrant was issued about the same time for secretary. Records indicate 
that he was acting as secretary on November 6, 1679. Sometime between March, 1681 
and July 1682, Holden was imprisoned on charges of "gross irregularities in the col- 
lection of Customs" — another office which he held. Extant records do not indicate 
what became of him. His name does not appear in council records after 1681 and in 
1682, John Archdale was issued a blank commission to appoint a new receiver-gener- 
al. It is possible that he was released from prison or acquitted of the charges, and con- 
tinued serving as secretary. Some sources indicate he served until 1684; however 
other references indicate that someone else was acting as secretary in 1684 or earlier. 

6 Little is known about Woodrowe. The only mention of him in extant records is in 
a letter written by the Lords Proprietors in February, 1684, which leaves the impres- 
sion that he had been serving for some time. It is possible he was appointed as early 
as 1682. 

7 Hartley was commissioned by the Lords Proprietors, but no date of when he 
qualified could be found. According to one source he died in January, 1691-92, proba- 
bly while still secretary. 

8 When Akehurst took office is not known, he was apparently acting by June 26, 






The North Carolina Executive Branch 157 

1693 when he acknowledged a land grant. It is possible that he was appointed as 
early as 1692 and presumably served until his death sometime in late 1699 or early 
1700. (His will was proved in Virginia in 1700). 

9 Swann may have been appointed to replace Akehurst; however, when he took 
office is not known. He was serving by September, 1700 and probably served until 
Knight took over 1704. 

10 Knight was apparently appointed to replace Swann and according to one source 
was in the office in 1704. The earliest documentary evidence of Knight acting is his 
certifying to a court proceeding on February 20, 1705. There is no evidence that he 
served during this span after 1708, however he was again serving in 1712. 

NLumley was appointed by Knight to act as Secretary on two occasions, once in 
October, 1704 and again in 1708 during Knight's absence due to an illness. It is not 
known who served between 1708 and 1712 because of the chaotic conditions in gov- 
ernment. 

12 Two commissions were issued to Low by the Lords Proprietors, the first on 
January 31, 1711 and a second on June 13 1711, however, there is no record of him 
serving. 

13 Knight was commissioned by the Lords Proprietors, and qualified before the 
governor and council. In 1719 he was called before the council to answer charges of 
conspiracy with pirates but was acquitted. He apparently died in late June, 1719 
since a successor was appointed on June 30, and his will probated on July 7, 1719. 

14 Lovick was appointed by the governor and council following Knight's death. 

15 Lovick was commissioned by the Lords Proprietors and qualified before the 
Governor and Council. He served until 1731. 

16 Anderson was appointed by Governor Burrington as "acting" secretary until 
Rice arrived. 

17 Rice was commissioned by the crown and qualified before the governor and 
council. He served until his death on January 28, 1753. 

18 Murray was appointed by the Council upon the death of Rice and served until 
the arrival of McCulloch in 1755. Land grant records indicate that he was acting as 
late as March 31, 1755. 

19 A warrant was issued on June 21, 1754 for McCulloch's appointment as secre- 
tary and his commission was certified by Dobbs on July 1, while both were still in 
England. He qualified as a council member on March 25, 1755 but does not appear to 
have acted as secretary until April. He continued serving until his death in 1755. 

20 A letter was sent from Governor Dobbs to Spaight on October 2, 1755 appoint- 
ing him "Secretary of the Crown." (A commission in the Secretary of State's records, 
however, bears the date, October 27, 1755.) He qualified before Dobbs on October 30. 

21 Faulkner's name was proposed to King on March 17 by the Board of Trade and 
on April 1 a commission was ordered prepared. He rented his commission to Samuel 
Strudwick. 

22 Spaight was reappointed by Dobbs and served until his death sometime during 
July or early August, 1672. 

23 Heron was appointed by Dobbs to replace Spaight. On March 6, 1769, Heron 
was granted a leave of absence to return to England where he apparently died. 

24 London was already a deputy secretary under Heron and acted in this capacity 
until news of Heron's death was received. London was appointed by Tryon upon the 
death of Heron and served until he "declined acting any longer...." 

25 Palmer was appointed by Tryon to replace London on July 8, 1771 he was 
granted a leave of absence to return to England for reasons of health. 

26 Strudwick was appointed by Martin after Strudwick had produced "sufficient 



158 North Carolina Manual 

evidence that he had rented the Secretary's Office in this Province of Mr. Faulkner. . . 
" He apparently continued serving until the Revolution." 

Secretaries of State 

27 The Secretary of State was elected by the General Assembly at its annual (bien- 
nial, after 1835) meeting for a term of one year. The Constitutional Convention of 
1868 extended the term but the power of election remained in the hands of the 
General Assembly until 1868 when a new constitution was adopted. Since 1868, the 
Secretary of State has been elected by the people and serves for a four-year term. He 
can run for re-election. 

28 Glasgow was appointed by the provincial congress to serve until the next meet- 
ing of the general assembly. He was later elected by the General Assembly to a regu- 
lar term and continued serving until 1798 when he resigned because of his involve- 
ment in a land scandal. His resignation was received by the General Assembly on 
November 20. 

29 White was elected to replace Glasgow and served until his death sometime in 
late September, or early November, 1811. 

30 Hill died on October 29, 1857. 

31 Page was appointed by the governor with the advice and consent of the council. 
He was later elected by the general assembly to a regular term, but he was defeated 
for reelection in 1862 by Russ. 

32 Russ requested that his name be withdrawn at the end of the first round of bal- 
loting in 1864. 

33 Thomas, who was first elected by the general assembly, took office on January 
3, 1865 and served until the end of the Civil War. He was then appointed secretary in 
the provisional government headed by William W. Holden, but resigned on August 12, 
1865. 

34 Best may have been appointed earlier by Holden following the resignation of 
Thomas since his name appears beneath that of Thomas in the Record Book; however, 
only the date 1865 is given. He was later elected by the general assembly and served 
until the new constitution was put into effect in 1868. 

35 Menninger was elected in the general election in April, 1868 but declined to run 
for re-election in 1982. 

36 Engelhard died February 15, 1879. 

37 Saunders was appointed by Governor Jarvis on February 18, 1879 to replace 
Engelhard. He was elected to a full term in the general elections in 1880 and served 
following subsequent reelections until his death on April 2, 1891. 

38 Coke was appointed by Governor Fowle on April 4, 1891 to replace Saunders. 
He was elected to a full term in the general elections in 1892 and served until his 
death on August 30, 1895. 

39 Cooke was appointed by Governor Carr on September 3, 1895 to replace Coke. 
He was defeated in the general elections in 1896 by Thomas. 

40 Grimes died January 16, 1923. 

41 Everett was appointed by Governor Morrison on January 16, 1923 to replace 
Grimes. He was elected in the general elections in 1924 and served until his death 
February 7, 1928. 

42 Hartness was appointed by Governor McLean on February 13, 1928 to replace 
Everett. He was elected in the general elections in 1928, but declined to run in 1932. 

43 Wade resigned in November, 1936. 

44 Powell was appointed by Governor Ehringhaus on November 17, 1936, to 






The North Carolina Executive Branch 159 

replace Wade and resigned in December. 

45 Eure had been elected in the general elections of 1936 and was appointed by 
Governor Ehringhaus on December 21,1936, to replace Powell. On January 7, 1937, 
he took office for his regular term and subsequent reelections. He served longer than 
any other state official, finally retiring on January 7, 1989. 

46 Edmisten was elected in November, 1988, when Eure declined to run for reelection. 



160 North Carolina Manual 



DEPARTMENT OF THE STATE AUDITOR 



The Office of State Auditor was performs EDP audits to verify the 
created by the Constitution of reliability and controls over comput- 
1868, although an "auditor of er applications. Also under the juris- 
public accounts" had existed since diction of this office are the quality 
1862 and references to an auditor's reviews of public accounting firms' 
duties go back to the colonial consti- audits of certain non-profit organiza- 
tion of 1669. tions. 

Today, the State Auditor is a A singular strength of the Office 
constitutional officer elected by the of the State Auditor is its indepen- 
people every four years. It is the duty dence which affords it the opportuni- 
of this office to conduct audits of the ty to demonstrate a high level of pro- 
financial affairs of all state agencies, fessionalism, objectivity and integri- 
In addition, the State Auditor may ty. 

conduct such other special audits, In addition to being the account- 
reviews, or investigations as he may ability "watchdog" for the state, the 
deem necessary or that may be State Auditor has several other 
requested by the governor or the leg- duties assigned to him by virtue of 
islature. The State Auditor is his office. He is a member of the 
responsible for annually auditing Council of State, the Capitol 
and rendering an opinion on the Planning Commission, the Local 
State's Comprehensive Annual Government Commission, and the 
Financial Report (CAFR) and for Information Resource Management 
issuing the Statewide Single Audit Commission. 

Report required by federal law. He The Office of the State Auditor 

also conducts performance audits of is organized into two major divi- 

state agencies and programs to sions: The General Administration 

determine the economy, efficiency, Division and the Auditing 

and effectiveness of operations and Division. 

The General Administration Division 

This division, under the direct supervision of the State Auditor, his chief 
deputy handles all administrative matters including personnel, budgeting, 
purchasing, and the overall planning and coordination of all activities for the 
department. 

The Auditing Division 

The Auditing Division conducts financial audits and reviews of state 
agencies and institutions to determine adherence to generally accepted 
accounting principles and standards, to identify strengths and weaknesses of 
internal control systems, and to test for accuracy in financial reports and 
compliance with applicable laws, regulations, and policies. This work is used ' 
to support the auditor's opinion on individual reports and the CAFR and ; 



The North Carolina Executive Branch 161 

Single Audit. In addition, the employees of this division conduct performance 
audits of selected programs administered by state agencies as directed by the 
State Auditor. The purpose of these performance audits is to determine that 
programs are being administered as intended and that they are accomplish- 
ing the desired results in an effective manner. The Auditing Division also 
performs reviews of electronic data processing applications and controls to 
ensure the reliability and accuracy of computer generated data. This divi- 
sion is responsible for monitoring the use of state funds provided to certain 
non-profit organizations and issuing an annual report on such activities. 
The Auditor also conducts special investigations related to possible embezzle- 
ments or misuse of state property. These special investigations are normally 
in response to allegations received via the Fraud, Waste and Abuse "Hotline" 
telephone number. 

The managerial structure of the audit division includes two deputy state 
auditors and eight audit managers who are charged with auditing the major 
functions in state government. Audits are directly supervised by audit super- 
visors based in Raleigh and in branch offices. These supervisors report to dif- 
ferent audit managers depending on which area of government is being 
audited. Branch offices are located in Asheville, Morganton, Charlotte, 
Greensboro, Winston-Salem, Fayetteville, Greenville, and Wilmington. 

Boards and Commissions 

Capital Planning Commission 

Council of State 

Education Facilities Finance Agency 

Local Government Commission 

Information Resource Management Commission 

For Further Information 

(919) 733-3217 
Hotline (919) 733-3276 



162 



North Carolina Manual 




The North Carolina Executive Branch 163 



Ralph Campbell, Jn 



State Auditor 

Early Years 

Born in Raleigh, N.C., December 7, 1946, to the late Ralph Campbell, Sr., and June 
Kay Campbell. 

Educational Background 

Graduated J. W. Ligon High School, Raleigh, 1964; St Augustine's College, Raleigh, 
1968, B.S. Degree in Business Administration with Accounting Concentration. 

Professional Background 

State Auditor, 1993-; Administrative Officer, N.C. Department of Insurance, 1990-92; 
Plan Auditor, State Health Benefits Office, 1986-90; Field Auditor, N.C. Department 
of Revenue, 1977-86. 

Orga n iza tions 

Raleigh-Wake Citizens Association; State Employees Association of North Carolina; 
National Association for the Advancement of Colored People; Omega Psi Phi 
Fraternity; Wake County Mental Health Association; Raleigh Martin Luther King, 
Jr., Holiday Committee; American Council of Young Political Leaders; Widow's Son 
Lodge No 4, Prince Hall Grand Lodge of Free and Accepted Masons of N.C; National 
Forum for Black Public Administrators; National Association of State Auditors, 
Comptrollers and Treasurers; National State Auditors Association; Southeastern 
Inter-Governmental Audit Forum. 

Boards and Commissions 

N.C. Council of State 1993-present; Capital Planning Commission, 1993-present; 
Local Government Commission, 1993-present; Information Resource Management 
Commission, 1993-present; N.C. Educational Facilities Finance Agency Board, 1993- 
present; Shaw Divinity School Board of Trustees, 1988-89; Shelly School Child 
Development Center, Advisory Board, 1986-89; N.C. Black Elected Municipal 
Officials, Treasurer, 1989-92; Triangle J. Council of Governments, World Class 
Region, Co-Chair Dependent Care Task Force; Raleigh United Negro College Fund, 
Co-Chair, 1986-89; N.C. Black Leadership Caucus, Treasurer, 1989-93; National 
League of Cities, Human Development Steering Committee, 1989-92; Wake County 
Education Foundation, Board Member, 1989-91; Wake United Way, Board Member, 
1990-91; Occoneechee Council, Boy Scouts of America Board Member, 1991-present; 
(Raleigh City Council) Intergovernmental Committee, 1985-87, chair 1989-91; Real 
Estate Committee, 1985-92, Chair, 1987-92; Downtown Committee, 1985-92; Law and 
Finance Committee, 1985-89, Chair, 1985-89; Police Affairs Committee, 1985-92. 

Political Activities 

State Auditor, 1992-present; Raleigh City Council (elected 1985, re-elected 1987, 1989 
and 1991; Mayor Pro-Tern, 1989-91. 

Military Service 
Served U.S. Army Reserve, 1971-77. 



164 North Carolina Manual 

Honors and A wards 

Omega Psi Phi Fraternity - Omega Man of the Year - 1984; St. Augustine's College, 
Honorary Doctor of Humane Letters, 1990; Shaw Divinity School, Honorary Doctor of 
Christian Letters, 1991. 

Personal Information 

Member, St. Ambrose Episcopal Church, Raleigh, N.C. 






-L 111J 11V/1V111 ^-iilVViJllUl iJiVUVVJ 11 »U X_/lU^l^\jll XXJiJ 



AUDITORS OF PUBLIC ACCOUNTS 

Name Residence Qualified 

Samuel F Phillips 1 Orange 1862-1864 

Richard H. Battle 2 Wake 1864-1865 

STATE AUDITORS 



Name Residence Qualified 

Henderson Adams 3 1868-1873 

JohnReilly Cumberland 1873-1877 

Samuel L Love Haywood 1877-1881 

William P. Roberts Gates 1881-1889 

George W. Sandlin Lenoir 1889-1893 

Robert M. Furman Buncombe 1893-1897 

HalW.Ayer Wake 1897-1901 

Benjamin F. Dixon 4 Cleveland 1901-1910 

Benjamin F. Dixon, Jr. 5 Wake 1910-1911 

William P. Wood 6 Randolph 1911-1921 

Baxter Durham Wake 1921-1937 

George Ross Pou 7 Johnston 1937-1947 

Henry L. Bridges 8 Guilford 1947-1981 

Edward Renfrow 9 Johnston 1981-1993 

Ralph Campbell, Jr Wake 1993- Present 

Auditors of Public Accounts 

Phillips resigned effective July 10, 1864. 

2 Battle was appointed by the governor with the advice and consent of the council 
to replace Phillips. He was later elected by the General Assembly to a regular term, 
and served until the office was abolished in 1865. 

State Auditors 



3 Adams was elected in the general elections in April, 1868. 

4 Dixon died September 26, 1910. 

5 Benjamin F. Dixon, Jr. was appointed by Governor Kitchen on September 30, 
1910 to replace his father, Benjamin F. Dixon, Sr. 

^Wood was elected in the general elections in 1910 to complete the senior Dixon's 
unexpired term. He was elected to a full term in 1912. 

7 Pou died February 9, 1947. 

8 Bridges was appointed by Governor Cherry on February 15, 1947 to replace Pou. 
He was elected in the general election in 1948 and served until his retirement in 
1981. 

9 Renfrow was elected in 1980. 

10 Campbell, Jr. was elected in 1992. 



166 North Carolina Manual 

THE DEPARTMENT OF STATE TREASURER 



Beginning in the year 1669, a office of the State Treasurer. The 

Treasurer's Court was respon- longest tenure by one person was 

sible for the public money of from 1901 to 1929 by Benjamin R. 

the colony. The office of Treasurer Lacy of Wake County. The second 

was formally created in 1715 and longest tenure was by the late Edwin 

appointments to that office were Gill of Scotland County who served 

made by the lower house of the from 1953 until his retirement in 

Colonial Assembly. Between 1740 1977. 

and 1779 there was one Treasurer The Treasurers who have occu- 
each for Northern and Southern pied the office have earned and 
North Carolina. Four additional maintained a nationwide reputation 
Treasurers were added in 1779 for a for fiscal integrity and financial 
total of six, each serving a defined responsibility. The fact that the 
geographical area called a district. In State Treasurer is able to operate in 
1782 another district with its own an atmosphere of political freedom is 
Treasurer was created. This multiple contributory to the influence of the 
Treasurer concept continued until office throughout the state. 
1784 when the General Assembly In 1843) shortly after the election 
eliminated multiple Treasurers and of the Treasurer by the General 
assigned the duties of the office to a Assembly, a spirited situation devel- 
single individual elected by joint vote oped between Governor Morehead 
of the two houses of the legislature and the Treasurer-elect John Hill 
for a two-year term. This setup con- wheeler over the terms of a fidelity 
tinued until 1868 when a new consti- bond w hich at that time was 
tution was adopted. The Constitution requ ired of the Treasurer. The bond 
of 1868 provided for a Treasurer was ultimately presented at the 
elected by the people for a four-year Governor's office; the Governor, how- 
term. These provisions continued in ever> re f use d to accept the bond as it - 
place following the approval by the was wr itten. His action was too late, 
people of a new constitution in 1970. because at that very moment, 
Many of the current duties and Wheeler was taking the oath of office 
functions which are charged to the as Treasurer in another part of the 
State Treasurer had their beginnings capitol. A strained relationship 
in the Constitution of 1868. This con- between Governor Morehead and 
stitution served to formalize the Wheeler was inevitable. The magni- 
more important fiscal and financial tude became clear some ten days 
aspects of the office. Before that later when the Treasurer refused to 
time, the functions varied widely pay the Governor $3.00 per diem for 
from time to time and from adminis- his services on a board. Wheeler 
tration to administration. denied the claim saying that "this is I 
Since 1868, only twelve men part of the governor's regular duties 
have been elected and occupied the and is included in his annual salary 



The North Carolina Executive Branch 167 

of $2,000.00." Wheeler proved to be a the expenditure of state funds. He is 

very colorful and resourceful individ- a member of the Council of State, the 

ual during his tenure of office. Local Government Commission and 

During the formative years of the the Information Technology 

office, there were many functions Commission (formerly the Computer 

which the Treasurer regularly per- Commission). 

formed. In recent years, many of The Treasurer serves as advisor 

these have been either discontinued to monetary committees of the 

or transferred to other State agen- General Assembly. His primary fis- 

cies. Modern times have brought cal duties are to assure that all pub- 

about substantive changes in the lie funds are utilized in conformity 

duties of the Treasurer. with the mandates of the General 

The Treasurer is a constitutional Assembly, to invest surplus funds 

officer elected by the people of North wisely and prudently, and to satisfy 

Carolina. In addition to his tradition- the bonded indebtedness of the 

al duties, he serves as an ex-officio State. 

member of many state boards and The Department of State 
commissions. He is chairman of Treasurer is structured convention- 
many of the commissions and boards ally, with three operating divisions 
which affect the state fiscal policy or and one support division. 



Operations of the Department of State Treasurer 

The operations of the Department are carried out by the four divisions 
under the supervision of the State Treasurer. 

The Retirement Systems Division 

The Retirement Systems Division of the Department of State Treasurer 
administers the four statutory retirement and eight fringe benefit plans, as 
authorized by the General Assembly, which cover the State's public employees. 
The administration of the several retirement systems and benefit plans requires 
a high level of fiduciary responsibility for the employees' trust funds entailing 
the prudent and efficient use of employees' and taxpayers' contributions. 

The public purpose of the existence of retirement systems and benefit 
plans is to recruit and retain competent employees for a career in public ser- 
vice, and provide a replacement income for retirement, disability, or at death 
for an employee's survivors. More than 475,000 active and retired public 
employees and their dependents owe a large part of their financial security to 
these retirement and fringe benefit plans. 

The retirement systems administered by this Division are the: 

• Teachers' and State Employees' Retirement System 

• Local Governmental Employees' Retirement System 

• Consolidated Judicial Retirement System 

• Legislative Retirement System 

The systems are governed by two Boards of Trustees. The State 

Treasurer is ex-officio Chairman of each board. The board of the Teachers' 

i 



168 North Carolina Manual 

and State Employees' Retirement System is composed of 14 actively working 
employees, retirees and public members. The Local Governmental 
Employees' Retirement System board, while legally separate, is composed of 
the same 14 members plus 3 members representing local governments. The 
Board of Trustees of the Teachers' and State Employees' Retirement System 
is the governing board of the Consolidated Judicial and Legislative 
Retirement Systems, and of all other programs administered by the division 
except for the Firemen's and Rescue Squad Workers' Pension Fund. That 
fund is goverened by a separate board of trustees, which is composed of six 
members, with the State Treasurer serving as ex-officio chairman. 

All retirement systems are joint contributory defined benefit plans with- 
contributions made by both employees and employers. Each active member 
contributes six percent (6%) of his compensation for creditable service by 
monthly payroll deduction. The only exception to this member contribution 
rate is the Legislative Retirement System to which each active member con- 
tributes seven percent (7%) of his compensation. Employers make monthly 
contributions based on a percentage rate of the members' compensation for 
the month. Employer contribution rates are actuarially calculated. 

In addition to the retirement systems administered through this 
Division, responsibility for administration of other programs covers the: 

Public Employees' Social Security Agency 

Disability Income Plan 

Legislative Retirement Fund 

National Guard Pension Plan 

Teachers' and State Employees' Benefit Trust 

Supplemental Retirement Income Plan 

Registers of Deeds' Supplemental Pension Fund 

Contributory Death Benefit for Retired Members 

Firemen's and Rescue Squad Workers' Pension Fund 

The consistent use of conservative actuarial assumptions and an 
approved actuarial cost method over the years since the establishment of the 
retirement systems and benefit plans plus the recognition of all promised 
benefits in the actuarial liabilities, have resulted in retirement systems 
which can be labeled as "actuarially sound." 

The administrate expenses of the Division for the retirement systems are ' 
paid by receipts from the systems based on the ratio of members in each sys- 
tem to the total universe of members of all systems. Receipt support from 
other programs pays for their cost of administration based on a cost-center 
analysis, except for the Firemen's and Rescue Squad Workers' Pension Fund, 
which is governed by direct appropriation of the General Assembly. 

The Investment and Banking Division 

The Investment and Banking Division is organized to carry out two of j 
the State Treasurer's primary functions. The first of these is to serve as the I 
State's Banker by receiving and disbursing all State monies. The second is to 



The North Carolina Executive Branch 169 

serve as the State's Chief Investment Officer by administering the State 
Funds Cash Management and Trust Funds Investment Programs. These 
functions are both constitutional and statutory in origin. 

Serving as the State's Banker 

The General Assembly of North Carolina has provided a centralized sys- 
tem for managing the flow of moneys collected and disbursed by all State 
departments, agencies, institutions, and universities. Rather than each of 
these entities having an account with a commercial bank, they maintain 
accounts with the State Treasurer. The State Treasurer in turn provides 
each entity the same service that a commercial bank would normally provide. 
This system assures that the State is the prime beneficiary of the flow of 
funds through the commercial banking system in the course of conducting 
State business. 



Serving as the State's Chief Investment Officer 

The State Treasurer administers the State Funds Cash Management and 
Trust Funds Investment Programs. As such, the Treasurer is directed to 
"establish, maintain, administer, manage, and operate" investment pro- 
grams, pursuant to the applicable statutes, for all funds on deposit. In so 
doing, the Treasurer "shall have full power as a fiduciary" and shall manage 
the investment programs so that the assets "may be readily converted into 
cash as needed." 

There is a special legal provision for holding inviolate the funds of the 
retirement systems (Article 5, Section 6 of the North Carolina Constitution). 
It states that such funds may not be used "for any purpose other than retire- 
ment system benefits and purposes, administrative expenses and refunds." It 
further states that such funds "shall not be applied, diverted, loaned to or 
used by the state, any state agency, state officer, public officer or public 
employee." 

State and Local Government Finance Division 

The State and Local Government Finance Division was organized to pro- 
vide the State Treasurer with staff assistance in such areas as he requests 
and to provide the staff required by the Local Government Commission, the 
North Carolina Solid Waste Management Capital Projects Financing Agency 
and the North Carolina Educational Facilities Finance Agency in fulfilling 
their respective statutory functions. The division is organized along function- 
al lines to provide two major groups of services to the State and to the local 
units of government: debt management and fiscal management. In addition, 
the deputy treasurer-division director serves as the secretary of the Local 
Government Commission. 

The Local Government Commission approves the issuance of the indebt- 
edness of all units of local government and assists these units in the area of 
fiscal management. The Commission is composed of nine members: the State 



170 North Carolina Manual 

Treasurer, the Secretary of State, the State Auditor, the Secretary of 
Revenue, and five others by appointment (three by the Governor, one by the 
Lieutenant Governor, and one by the Speaker of the North Carolina House of 
Representatives). The State Treasurer serves as chairman and selects the 
secretary of the Commission, who heads the administrative staff serving the 
commission. 

Assistance to State Agencies 

Debt Management. The State Treasurer is responsible for the issuance 
and servicing of all State debts secured by a pledge of the taxing power of the 
State. After approval of a bond issue, the division assists in determining the 
cash needs and most appropriate time for scheduling sales after consultation 
with other State agencies; the planning for repayment of the debt (maturity 
schedules); preparing, with the advice and cooperation of bond counsel and 
the assistance of other State agencies, the official statement describing the 
bond issue and other required disclosures about the State; and in the actual 
sale and delivery of the bonds. The staff of the division maintains the State 
bond records and register of bonds and initiates the debt service payments 
when they become due. In addition, the division is responsible for the autho- 
rization and issuance of revenue bonds for the North Carolina Medical Care 
Commission, the North Carolina Housing Finance Agency, the North 
Carolina Municipal Power Agency Number 1, the North Carolina Eastern 
Municipal Power Agency, the North Carolina Educational Facilities Finance 
Agency, the North Carolina Solid Waste Management Capital Projects 
Financing Agency and the North Carolina Industrial and Pollution Control 
Financing Authority. 

Fiscal Management. The staff of the division provides technical assis- 
tance in financial matters within the Department of State Treasurer and to 
other departments of the State as may be required. Projects may also include 
work on the national level if they concern generally accepted accounting 
principles for government. 



Assistance to Local Government 

Assistance is rendered to local governments and public authorities in 
North Carolina on behalf of the Local Government Commission. 

Debt Management. A major function is the approval, sale and delivery 
of all North Carolina local government bonds and notes upon the recommen- 
dation of the staff of the division. Before any unit can incur debt, the pro- 
posed issue must be approved by the Commission. The statutes require that, 
before giving its approval, the Commission must make affirmative determi- 
nation in the areas of necessity and expediency, size of the issue, the unit's 
debt management policy, taxes needed to service the debt and the ability of 
the unit to repay. 

In addition, the Local Government Commission must approve all installment 
purchase contracts for the construction or repair of fixtures or improvements on 



The North Carolina Executive Branch 171 

real property and certain other installment contracts. The findings of the 
Commission for these transactions are similar to the findings for general 
obligation bonds. 

After approval is granted, the governmental unit and its bond counsel 
assist the staff in gathering and assembling information for an official state- 
ment, which is mailed to a large group of investment bankers nationwide. 
The general obligation bonds are awarded through the competitive bid 
process on the basis of lowest total net interest cost to the governmental unit. 

After the sale, the staff delivers and validates the definitive bonds and 
ensures that the money are promptly transferred from the buying brokers to 
the government unit. 

Fiscal Management. A second key function is monitoring certain fiscal 
and accounting standards prescribed for the units by The Local Government 
Budget and Fiscal Control Act. In addition, the division furnishes on-site 
assistance to local governments concerning existing financial and accounting 
systems as well as new systems. Also, the Division strives to ensure that the 
local units follow generally accepted accounting principles, systems and prac- 
tices. The division staff counsels the units in treasury and cash management 
budget preparation, and investment policies and procedures. Educational 
programs, in the form of seminars or classes, are also provided by the staff. 
The monitoring of the units' financial system is accomplished through the 
examination and analysis of the annual audited financial statements and 
other required reports. Information from these reports is compiled and pro- 
vided to local government officials and outside organizations to enhance the 
management of public funds. The Local Government Budget and Fiscal 
Control Act requires each unit of local government to have its accounts audit- 
ed annually by a certified public accountant or by an accountant certified by 
the commission as qualified to audit local government accounts. A written 
contract must be submitted to the secretary of the commission for his 
approval prior to the commencement of the audit. Continued assistance is 
also provided to the independent auditors through individual assistance and 
continuing professional education. 

The State and Local Government Finance Division is continuously work- 
ing in all areas concerning improved fiscal management and clarity of report- 
ing in order to better serve the State Treasurer, the local units of govern- 
ment, public authorities, school administrative units and their independent 
auditors. 



Administrative Services Division 

The Administrative Services Division provides administrative, technical 
and specialized support to the Department and to three operating divisions. 
The functions which are performed can better be accomplished on a central- 
ized basis rather than independently by the various divisions. These include 
various housekeeping functions such as supply and mail operations, person- 
nel, forms management, printing, generalized training and budget matters. 
On a selective basis, several of the functions and sub-functions carried on 



172 North Carolina Manual 

within the Department have been placed on the internal computer. Of major 
significance are those programs having a bearing on the various retirement 
systems and the Treasurer's investment processes. Vital functions are per- 
formed by the word processing center. Approximately 95% of the original and 
repetitive departmental correspondence is accomplished by the center. In 
addition, through the utilization of a photocomposer, camera-ready copies for 
all departmental printing requirements are satisfied internally. Significant 
cost savings have been realized through the use of these closely coordinated 
systems of document production. The division monitors the operation and the 
progress of the Escheat Fund for the State Treasurer. All abandoned and 
unclaimed properties whose owners cannot be located become the property of 
the state and are placed in the fund. Such property may consist of abandoned 
banking accounts, uncashed checks, and contents of safety deposit boxes. As 
a trust activity, escheat monies are invested in high quality securities. The 
return on the investments is used within State-supported institution of higher 
learning to aid needy and worthy students. 

Boards and Commissions 

Board of Trustees of the N.C. Local Governmental Employees' Retirement 

System 
Board of Trustees Teachers' and State Employees' Retirement System 
Local Government Commission 

N.C. Educational Facilities Finance Agency Board of Directors 
N.C. Solid Waste Management Capital Projects Financing 

For Further Information 
(919) 733-3951 



The North Carolina Executive Branch 173 



174 



North Carolina Manual 




The North Carolina Executive Branch 175 



arlan Edward Boyles 



State Treasurer 

Early Years 

Born in Vale, Lincoln County, May 6, 1929, to Curtis E. and Kate Schronce Boyles. 

Education 

North Brook Schools, Lincoln County, 1935-45; Crossnore School, Avery County, 
1945-47; University of Georgia, 1947-48; UNC at Chapel Hill. 1948-51, B.S. 

Professional Background 

Certified Public Accountant. 

Orga n iza tions 

Municipal Finance Officers Association; N.C. Association of Certified Public 
Accountants (past president, Triangle Chapter); National Association of State 
Auditors, Comptrollers and Treasurers (Past President, Treasurer and Executive 
Director); Rotary Club of Raleigh (Director, Past President); Raleigh Chamber of 
Commerce (past director); Raleigh Salvation Army Advisory Board. 

Boards and Commissions 

Council of State; State Board of Education; Capitol Planning Commission; State 
Computer Commission; Board of Directors, N.C. Art Society; John Motley Morehead 
Memorial Commission; State Board of Community Colleges. Chairman: Local 
Government Commission; Tax Review Board; State Banking Commission; Board of 
Trustees, Teachers' and State Employees' Retirement Systems; Local Governmental 
Employees' Retirement System. Former member: U.S. Securities and Exchange 
Commission's Municipal Securities Rulemaking Board. 

Political Activities 

State Treasurer, 1977-present (elected 1976; re-elected, 1980, 1984, 1988 and 1992); 
Democratic Party. 

Personal Information 

Married, Frances (Frankie) Wilder of Johnston County, May 17, 1952. Children: 
Phyllis Godwin, Lynn Boyles Butler, and Harlan Edward Boyles, Jr. Member, 
Westminister Presbyterian Church; Deacon; Elder; Treasurer and Clerk. 



176 North Carolina Manual 



TREASURERS OF NORTH CAROLINA 



COLONIAL TREASURER 1 

Name Term 

Edward Moseley 2 1715-1735 

William Smith 3 

William Downing 4 1735-1739 

Edward Moseley 5 1735-1749 

William Smith 6 1739-1740 

John Hodgson? 1740-1748 

Thomas Barker 8 1748-1752 

Eleazer Allen 9 1749-1750 

John Starkey 10 1750-1765 

John Haywood 11 1752-1754 

Thomas Barker 12 1754-1764 

Joseph Montford 13 1764-1775 

Samuel Swann 14 1765-1766 

John Ashe 15 1766-1773 

Richard Caswell 16 1773-1775 

Samuel Johnston 17 1775 

Richard Caswell 18 1775 

STATE TREASURER 



Name Residence Term 

Samuel Johnston 19 Chowan 1775-1777 

Richard Caswell^ Dobbs 1775-1776 

John Ashe 21 New Hanover 1777-1779 

William Skinner 22 Perquimans 1777-1784 

Green Hill Franklin 1779-1784 

Richard Cogdell Craven 1779-1782 

William Cathey [Rowan] 1779-1781 

John Ashe New Hanover 1779-1781 

Matthew Jones Chatham 1779-1782 

Timothy Bloodworth Surry 1780-1784 

Robert Lanier New Hanover 1780-1783 

Memucan Hunt 23 Granville 1782-1784 

John Brown Wilkes 1782-1784 

Benjamin Exum Dobbs 1782-1784 

Joseph Cain [New Hanover] 1783-1784 

William Locke [Rowan] 1784 

Memucan Hunt Granville 1784-1787 

John Haywood 24 Edgecombe 1787-1827 

William Robards Granville 1827-1830 



The North Carolina Executive Branch 



177 



Name Residence 

William S. Mhoon Bertie 

Samuel F. Patterson 25 Wilkes 

Daniel W. Courts 26 Surry 

Charles L. Hinton Wake 

John H. Wheeler Lincoln 

Charles L. Hinton Wake 

Daniel W. Courts Surry 

Jonathan Worth 27 Randolph .. 

William Sloan 28 Anson 

Kemp P. Battle 29 Wake 

David A. Jenkins 30 Gaston 

John M. Worth 31 Randolph .. 

Donald W. Bain 32 Wake 

Samuel McD. Tate 33 Burke 

William H. Worth Guilford .... 

Benjamin R. Lacy 34 Wake 

Nathan OTBerry 35 Wayne 

John P. Stedman 36 Wake 

Charles M. Johnson 37 Pender 

Brandon P. Hodges 38 Buncombe. 

Edwin M. Gill 39 Scotland.... 

Harlan E. Boyles 40 Wake 



Term 

1831-1835 

1835-1837 

1837-1839 

1839-1843 

1843-1845 

1845-1851 

1851-1862 

1862-1865 

1865-1866 

1866-1868 

1868-1876 

1876-1885 

1885-1892 

1892-1895 

1895-1901 

1901-1929 

1929-1932 

1932 

1933-1949 

1949-1953 

1953-1977 

.1977-Present 



Colonial Treasurer 

!The right to appoint colonial treasurers was reserved for the lower house. This 
policy along with the extensive control exercised by the Assembly over other financial 
matters was a constant source of friction between the governor and the lower house. 

Treasurers were usually appointed in conjunction with money bills during the 
early years of the office, but later were appointed on bills passed specifically for the 
purpose of appointing treasurers. Treasurers were apparently first appointed by the 
assembly during the Tuscarora War in 1711 when several commissioners were 
appointed to issue paper currency. This practice continued until 1731 when George 
Burrington, the first royal governor, questioned the right of the Assembly and tried to 
appoint his own treasurer. The Lower house resisted this infringement upon their 
rights, and Burrington sought support from royal authorities in England. Crown offi- 
cials were not anxious to upset the lower house and hesitated supporting Burrington 
and those who followed him. 

In 1729 the complexity of financial matters which concerned the treasurer was so 
great that the Assembly created the office of precinct treasurer. Perhaps the most sig- 
nificant practice regarding the appointments of these precinct treasurers was the 
practice of submitting a list of two or three nominees to the governor for final deci- 
sion. However, the practice of "filling the offices of precinct treasurer seems to have 
fallen into disuse" by 1735 when there apparently were only two treasurers for the 
entire province — one for the northern district and one for the southern. This division 
continued for the remainder of the colonial period. 

2 Moseley was appointed as one of the commissioners to issue paper currency in 
1711 and was apparently appointed as public treasurer in 1715. He seems to have 
continued serving until 1735 when the office was divided into two positions with a 
treasurer appointed for the northern district and another appointed for the southern. 



178 North Carolina Manual 

Moseley was appointed treasurer of the southern district and continued in that capac- 
ity until his death in 1749. 

3 Smith was appointed by Governor Burrington and the council, but there is no 
evidence that he ever served — probably due to the response of the lower house. 

4 Downing was appointed by the legislature as treasurer for the northern district 
and served until his death in 1739. 

5 See footnote 2. 

6 Smith was appointed on November 21, 1739 by the governor and council to act 
as temporary treasurer, following the death of Downing. 

7 Hodgson was apparently appointed by the assembly in August, 1740 to replace 
Downing and served until 1748. 

8 Barker was appointed by the assembly in April, 1848 and served until he 
resigned in 1752. 

9 Allen was appointed by the general assembly in November, 1749 to replace 
Moseley and served until his death in 1750. 

10 Starkey was appointed in July, 1750 to replace Eleazer Allen and served until 
his death in 1765. 

^Haywood was appointed to replace Barker and served until he apparently 
resigned in 1754. 

12 Barker was appointed in 1754 to replace Haywood and served until he appar- 
ently resigned in 1764. 

13 Montford was appointed in February, 1764 to replace Barker and served until 
1775. 

14 Swan was appointed by Governor Tryon in 1765 to act as a temporary replace- 
ment for the deceased Starkey. 

15 Ashe was appointed in November 1766 to replace Starkey and served until he 
was replaced by Caswell in 1733. 

16 Caswell was appointed in 1733 to replace Ashe and served until the "end" of 
royal government in 1775. "An Act for appointing Public Treasurers, and directing 
their Duty in office," Chapter V, Laws of North Carolina, Clark, State Records, XXIII, 
904-906. 

17 Johnston and Caswell were appointed treasurers of the northern and southern 
districts respectively on September 8, 1775 by the provincial congress. Caswell served 
until his election as governor in 1776. Johnston served until 1777 when ill health 
forced him to decline his reelection. 

18 See footnote 17. 

State Treasurer 



19 See footnote 17. 

20 See footnote 17. 

21 Ashe was elected to replace Caswell. 

22 Skinner was appointed by the governor with the advice and consent of the 
council to replace Johnston. He was later elected by the general assembly to a regular 
term and continued serving until the district system was abandoned in 1784. 

23 Hunt was the first singular treasurer elected by the general assembly. In 1786 
charges of misconduct were brought against him by a "Secret Committee of the 
General Assembly." Statements concerning the matter were given before a joint meet- 
ing of the House and Senate on December 28, and each member was allowed to draw 
his own conclusions. Two days later he was defeated for reelection by John Haywood. 

24 Haywood died on November 18, 1827, while still in office, having served for 






The North Carolina Executive Branch 179 

thirty years as State Treasurer. 

25 Patterson was election in 1834 to replace Mhoon and was reelected in 1835, but 
failed to give bond within the prescribed fifteen-day time period which voided his elec- 
tion. He was then appointed by the governor with the advice and consent of the coun- 
cil. He declined to run for reelection in 1836. Council Minutes, January 13, 1836, 
Council Journal, 1835-1836, GO 122.1, North Carolina Department of Archives and 
History, Raleigh, hereinafter cited as council Journal, 1835-1836. 

26 Court's resignation was presented to the council on April 15, 1839. 

27 Worth served until the end of the war. When the provisional government took 
over, he was appointed treasurer by Holden. He resigned on November 15, 1865. 
State Appointments, Treasurer, Record Book Relative to the Provisional Government, 
1865, 120. 

28 Sloan was appointed by Holden to replace Worth and served until the new gov- 
ernment took over. State Appointments, Treasurer, Record Book Relative to the 
Provisional Government, 1865, 120. 

29 Battle was elected by the new general assembly and began serving on January 
1, 1866. He continued serving until the new constitution went into effect in 1868. 

30 Jenkins was elected in the general elections in April, 1868 and served following 
reelection in 1872 until his resignation on November 6, 1876. 

31 Worth was appointed by Governor Brogden on November 10, 1876. He had 
already been elected in the general elections in 1876. 

32 Bain died November 16, 1892. 

33 Tate was appointed by Governor Holt on November 19, 1892 to replace Bain. 
He was defeated by Worth in a special election in 1894. 

34 Lacy died February 21, 1929. 

35 0'Berry was appointed by Governor Gardner on February 23, 1929 to replace 
Lacy and served until his death on January 6, 1932. 

36 Stedman was appointed by Governor Gardner on January 7, 1932 to replace 
CBerry and resigned effective November 21, 1932. 

37 Johnson was appointed by Governor Gardner on November 7, 1932 — to take 
office November 11, however, he failed to qualify at that time. He had already been 
elected in the general elections in 1932. 

38 Hodges resigned in June, 1953. 

39 Gill was appointed by Governor Umstead on June 29, 1953 to replace Hodges. 
He was elected in the general elections in 1954 to complete Hodges' unexpired term. 
He was elected to a full term in 1956 and served until his retirement in 1977. 

40 Boyles was elected in November, 1976 when Gill declined to run for reelection. 
He is still serving following subsequent reelections. 



180 



North Carolina Manual 



DEPARTMENT OF PUBLIC INSTRUCTION 



The Department of Public 
Instruction, through the State 
Superintendent and the State 
Board of Education, is charged with 
establishing and administrating 
overall policy for North Carolina's 
system of public schools. The State 
Superintendent of Public Instruction, 
a constitutional officer, is charged 
with organizing the department and 
administering the funds provided for 
its support. Consistent with other 
laws enacted by the General 
Assembly, the Board adopts rules 
and regulations for the public school 
system. Board membership includes 
the Lieutenant Governor, the State 
Treasurer, and eleven gubernatorial 



appointees, who are subject to 
confirmation by the General 
Assembly in joint session. The State 
Superintendent of Public Instruction 
is secretary to the Board. 

The North Carolina Department 
of Public Instruction was formed in 
December, 1852, although the cur- 
rent title and specific delineation of 
responsibilities were first set forth in 
the Constitution of 1868. The head of 
the Department originally went by 
the title "superintendent of common 
schools," but that office was abol- 
ished in 1865. Today the superinten- 
dent of public instruction is elected 
by the people to a four-year term. He 
is a member of the Council of State. 



State Department of Public Instruction Organization 

The purpose of the Department of Public Instruction is many faceted. 
The department allocates to local education agencies money appropriated by 
the General Assembly or provided by the Federal government for public edu- 
cation, monitors the expenditure of that money, promulgates rules and regu- 
lations, collects statistical data of a general and specific nature on schools, 
expenditures, and student progress, and provides consultant services in both 
fiscal and curriculum areas. 

The Department is organized under the state superintendent into four 
program areas, each headed by an assistant state superintendent and each 
reporting directly to the Deputy State Superintendent. The four areas are: 
Instructional Services, Auxiliary Services, Accountability Services and 
Financial & Personnel Services. In addition, divisions representing commu- 
nications, governmental relations, internal operations and quality assurance 
report directly to the State Superintendent. 



Instructional Services 

The Instructional Services area includes the following support teams: Early 
Childhood/Elementary Interdisciplinary Team, Middle Schools Interdisciplinary 
Team, High Schools Interdisciplinary Team, Exceptional Children Support 
Team, Vocational and Technical Support Team and Media Support Team. 



The North Carolina Executive Branch 181 

Accountability Services 

The Accountability Services area includes the Division of Testing 
Services, Division of Information Resource Management and Innovation and 
Development Services. 

Financial and Personnel Services 

The Financial and Personnel Services area includes the Division of State 
Accounting Services, Division of School Business Services, Division of Fiscal 
Control Services and the Division of Personnel Services. 

Auxiliary Services 

The Auxiliary Services area includes the Division of School Facility 
Services and the Division of School Services. 

The State Department of Public Instruction's primary purpose - to assure 
that a "general and uniform system of free public schools shall be provided 
throughout the State, wherein equal opportunities shall be provided for all 
students..." is always the overriding goal of employees of the Department. 

Boards and Commissions 

Blue Ridge Task Force on Land Planning 

Capital Planning Commission 

Center for the Advancement of Teaching, Board of Trustees 

Chapter 2 Directors 

Cities in Schools 

Commission on the Family 

Commission on Testing 

Computer Commission 

Council for the Deaf and Hard of Hearing 

Council of Chief State School Officers 

Council of State 

Council on Educational Services for Exceptional Children 

Eastern Band of the Cherokee Advisory Council 

Education Commission of the States 

Education Study Commission 

Geographic Information Coordinating Council 

Governor's Crime Commission 

Governor's Executive Cabinet 

Governor's Language Institutes, Advisory Board 

Information Technology Commission 

Job Opportunities and Basic Skills (JOBS) Evaluation Advisory Committee 

Job Opportunities and Basic Skills (JOBS) Oversight Committee 

Mathematics/Science Education Network, State Advisory Board 

Mental Health Planning Council 

National Cooperative Education Statistics System 

National Forum on Education Statistics 



182 North Carolina Manual 

N.C. Advisory Council on Telecommunications in State Government 

N.C. Art Society, Board of Directors 

N.C. Board of Public Telecommunications, Board of Commissions 

N.C. Council on Economic Education, Board of Trustees 

N.C. Drug Cabinet 

N.C. Human Service Transportation Council 

N.C. Interagency Coordinating Council 

N.C. Job Training Coordinating Council 

N.C. Rural Center Board 

N.C. Science and Mathematics Alliance 

N.C. Symphony 

Public School Forum, Board of Directors 

Robert Wood Johnson Foundation 

School Health Advisory Committee 

SouthEastern Region Vision for Education (SERVE) 

State Apprenticeship Council 

State Refugee Advisory Council 

Teachers and State Employees Retirement System, Board of Trustees 

Testing Directors 

UNC Center for Public TV, Board of Trustees 

For Further Information 
(919) 715-1000 



The North Carolina Executive Branch 183 



184 



North Carolina Manual 







The North Carolina Executive Branch 185 



Bob R. Etheridge 



Superintendent of Public Instruction 

Early Years 
Born in Sampson County, August 7, 1941, to John P. and Beatrice (Coats) Etheridge. 

Educational Background 

Cleveland School, 1947-59; Campbell University, 1965, B.S. (Business 
Administration). 

Professional Background 
Businessman; Director, North Carolina National Bank, Lillington; Licensed Realtor. 

Organizations 

Member, Industrial Management Club (past President) Lillington Lions Club (past 
President); American Legion; Harnett Cystic Fibrosis Campaign (past Chairman's; 
Land Use Advisory Council, 1976; Harnett Youth Advisory Council (past Chairman); 
Harnett Sheltered Workshop (past Chairman); Lillington Chamber of Commerce 
(President, 1977); Lillington Rotary Club; Lillington Masonic Lodge. 

Boards and Commissions 

Formerly served on: Harnett Mental Health Boards; N.C. Law and Order 
Commission; Cape Fear District Occoneechee Boy Scout Council (Past Chairman). 

Political Activities 

N.C. Superintendent of Public Instruction, 1989-; N.C. House of Representatives, 
1979-1988 (five terms); Harnett County Commissioner, 1973-1976 (Chairman, 1974- 
76). Served on: Rural Economic Development Center Board of Directors; Fiscal 
Affairs and Oversight Committee of the National Conference of State Legislatures; 
Fiscal Affairs and Government Operations Committee of the Southern Legislative 
Conference of the Council of State Governments; N.C. Legislative Governmental 
Operations Commission; Advisory Budget Commission; Democratic Party. 

Military Service 
Served, U.S. Army, December, 1965-67. 

Honors and A wards 

Lillington Jaycees Distinguished Service Award, 1975; Lillington Community Service 
Award, 1976; Outstanding Men of America; Honored Distinguished Alumnus 
Campbell University; Boy Scout District Award of Merit, 1980 and 1984; Boy Scout 
Silver Beaver Award, 1987; honorary member, Phi Kappa Phi; honorary degree of 
Doctor of Laws from Campbell University, 1990; honorary degree of Doctor of 
Humane Letters from Pfeiffer College, 1990. 

Personal Information 

Married, Faye Cameron, November 25, 1965. Children: Brian, Catherine and David. 
Member, Leaflet Presbyterian Church; Sunday School Teacher; Sunday School 
Superintendent; President, Fayetteville Presbytery Men, 1975-76; President, 
Presbyterian Synod Men of N.C, 1978; Elder, Leaflet Church, 1987. 



186 North Carolina Manual 

Superintendent of Coninion Schools 



Name 

Calvin H. Wiley 1 



Residence 

Guilford 



Elected 

.1852-1865 



Superintendent of Public Instruction 



Name Residence 

Samuel S. Ashley 2 New Hanover. 

Alexander Mclver 3 Guilford 

Kemp P. Battle 4 Wake 

Stephen D. Pool 5 Craven 

John Pool 6 Pasquotank.... 

John C. Scarborough Johnston 

Sidney M. Finger Catawba 

John C. Scarborough Hertford 

Charles H. Mebane Catawba 

Thomas F. Toon 7 Robeson 

James Y. Joyner 8 Guilford 

Eugene C. Brooks 9 Durham 

Arch T. Allen 10 Alexander 

Clyde A. Erwin 11 Rutherford 

Charles F. Carroll 12 Duplin 

Andrew Craig Phillips 13 Guilford 

Bob R. Etheridge 14 Sampson 



Term 

1868-1871 

1871-1875 

1873 

1875-1876 

1876-1877 

1877-1885 

1885-1893 

1893-1897 

1897-1901 

1901-1902 

1902-1919 

1919-1923 

1923-1934 

1934-1952 

1952-1969 

1969-1989 

,1989-Present 



iWiley served until the office was abolished in 1865. 

2 Ashley was elected in the general elections in April, 1868 and resigned effective 
October 1, 1871. 

3 McIver was appointed by Governor Caldwell on September 21, 1871 — to take 
office October 1 - to replace Ashley. 

4 Battle, who was appointed by Governor Caldwell on January 14, 1873 to replace 
Reid, took the oaths of office on January 15; however, his right to hold office was chal- 
lenged by Alexander Mclver who was still serving under a previous appointment. The 
conflict was argued before the North Carolina Supreme Court in 1873 at its January 
term and was decided in favor of Mclver. Justice Reade, who gave the opinion of the 
court, stated that since Mclver had been duly appointed and qualified, and that since 
the officer-elect could not qualify, Mclver was entitled to remain in office until the 
next election. (August, 1874). 

5 Pool resigned effective June 30, 1876. 

6 John Pool, who was appointed by Governor Brodgen on June 30, 1876 to replace 
Stephen D. Pool, took office July 1. 

7 Toon was elected in the general elections in 1900 and served until his death on 
February 19, 1902. 

8 Joyner was appointed by Governor Aycock on February 24, 1902 to replace Toon. 
He was elected in a special election in 1902 to complete Toon's unexpired term. He 
was elected to a full term in 1904 and served following subsequent reelections until 
his resignation effective January 1, 1919. 

9 Brooks was appointed by Governor Bickett on December 21, 1918 — to take office 



The North Carolina Executive Branch 187 

January 1, 1919 - to replace Joyner. He was elected in the general elections in 1920 
and served until his resignation on June 11, 1923. 

10 Allen was appointed by Governor Morrison on June 11, 1923 to replace Brooks. 
He was elected in the general elections in 1924 and served following subsequent 
reelections until his death on October 20, 1934. 

11 Erwin was appointed by Governor Ehringhaus on October 23, 1934 to replace 
Allen. He was elected in the general elections in 1936 and served following subse- 
quent reelections until his death on July 19, 1952. 

12 Carroll was appointed by Governor Scott on August 20, 1952 to replace Erwin. 
He was elected in the general elections in 1952 and served following subsequent 
reelections until 1969 when he declined to run for reelection. 

13 Phillips was elected in 1968 and served following subsequent reelections until 
his retirement in 1989. 

14 Etheridge was elected in November 1988. 



188 North Carolina Manual 



THE DEPARTMENT OF JUSTICE 

THE OFFICE OF THE ATTORNEY GENERAL 

The Attorney General of North places as members of the General 
Carolina heads both the Assembly are elected. Their term of 
Department of Justice and the office shall be four years and shall 
Office of the Attorney General. The commence on the first day of 
office, having originated during colo- January next after their election and 
nial times, is one of the oldest contin- continue until their successors are 
uous offices in government. When elected and qualified." Also this revi- 
the first North Carolina constitution sion made the Attorney General a 
was written in 1776, the Attorney full, voting member of the Council of 
General was made part of its frame- State whereas before he had served 
work. When the General Assembly only as legal advisor to the Council, 
began reorganizing state government The Attorney General is a consti- 
in the early 1970's they created the tutional officer elected by the people 
Department of Justice as one of the of North Carolina to a four-year 
major departments in the Executive term. His powers and duties are set 
Branch. out in the General Statutes of North 
The 1971 revision of the state Carolina. The variety of powers and 
constitution deleted all reference to duties held by the Attorney General 
the Department of Justice and the may be seen by examining the 
State Bureau of Investigation. Constitution and statutory refer- 
Instead, it simply states that there ences, as well as by studying the 
shall be an Attorney General whose many state and federal court cases in 
duties "shall be prescribed by law" which he is involved. The Office of 
[Article III, Section 7(2)]. Article III, the Attorney General includes the 
Section 7(1) of the Constitution of North Carolina Department of 
North Carolina provides that the Justice, the State Bureau of 
Attorney General, along with other Investigation, the Justice Academy, 
elected department heads, "shall be the Criminal Justice Standards 
elected by the qualified voters of the Division, and the Sheriffs' Standards 
State in 1972 and every four years Division, 
thereafter, at the same time and 

Historical Development 

As far back as the Middle Ages, the English crown conducted its legal 
business through attorneys, sergeants, and solicitors. One Lawrence Del ' 
Brok is known to have pursued the King's legal business in the courts during 
the middle of the thirteenth century. At that time, the crown did not act . 
through a single attorney at all. Instead, the King appointed numerous legal 
representatives and granted each authority to appear only in particular 
courts, on particular matters, or in the courts of particular geographical 
areas. Gradually, the number of attorneys representing the crown decreased i 



The North Carolina Executive Branch 189 

as individual attorneys were assigned broader duties. By the latter part of 
the fifteenth century, the title Attorney General was used to designate one 
William Husee. It may have been as late as 1530, however, before the title of 
Attorney General was held by a single attorney. The Attorney General in the 
sixteenth century still shared his role as legal representative of the crown 
with other types of legal agents. It was not until the seventeenth century 
that the office assumed its modern form and the Attorney General became, 
at least in practice, the preeminent legal representative of the Sovereign. 

Although the early attorneys and other legal representatives of the 
crown occupied much the same position as comparable legal representatives 
of individuals, their development soon diverged from that of private counsel 
because of the peculiar role of the crown in legal proceedings. The king was 
"prerogative" and in theory was always present in his courts. As the king 
could not appear in his own court personally, the function of the Attorney 
General and his predecessors was to protect the king's interests. 
Consequently, the king's counsel had superior status to that of attorneys for 
individuals. Unlike an attorney representing a private party, the Attorney 
General or king's attorney was not an officer of the courts and was therefore 
not subject to the usual disciplinary authority of the courts over an attorney. 
As a representative of the crown, the Attorney General was subject only to 
the control of the crown. 

The office of Attorney General was transported from the parent country 
of England to the American colonies. There, the attorneys general of the 
colonies in effect served as delegates or representatives of the Attorney 
General of England. Not surprisingly, these colonial attorneys general were 
viewed as possessing the common law powers or then current powers of the 
Attorney General in England. During the early colonial period, North 
Carolina was joined with South Carolina to comprise a single colony and 
shared with South Carolina an Attorney General. Certainly, by 1767, North 
Carolina did have an Attorney General who was selected from among the 
lawyers practicing in North Carolina and possessed all the powers, authority, 
and trusts within the colony that the Attorney General and Solicitor General 
possessed in England. Thus, when the American Revolution brought this 
country into being, the office of Attorney General was firmly established in 
the American states as part of the heritage brought over from England and 
continued in the colonial period. 

After the American Revolution, the newly formed states continued to pro- 
vide for Attorney General with virtually the same powers and duties as their 
English and colonial predecessors, except the people, and not a king, became 
sovereign. The office has, in one form or another, been carried forth into the 
\ modern American states with many of the same duties and powers as existed 
in Attorney General at common law. Indeed, most commentators and most 
decisions dealing with the powers of state Attorney General have recognized 
that the majority of American states continue to vest their Attorney General 
I with many, if not all, of the powers of the Attorney General of England and 
the American colonies. 

North Carolina is among those states in which the constitution provides 



190 North Carolina Manual 

that the duties of the Attorney General "shall be prescribed by law." As far 
back as 1715 and continuing up to the present time, North Carolina has been 
governed by the common law "or so much of the common law as is not 
destructive of, or repugnant to, or inconsistent with, the freedom and inde- 
pendence of this State and the form of government therein established and 
which has not been otherwise provided for in whole or in part, not abrogated, 
repealed, or become obsolete." The "common law" as used in North Carolina 
General Statutes 4-1 refers to the common law of England. The common law 
as adopted by statute may also be modified or repealed by statute except 
where the Constitution of North Carolina has incorporated the common law 
into its provision. From these principles, it might be concluded that the 
Attorney General of North Carolina should be vested with all common law 
powers of the Attorney General representing the crown at the time of the 
American Revolution except where specific constitutional or statutory provi- 
sions dictate otherwise. In 1985, the General Assembly reaffirmed the com- 
mon law powers of the Attorney General. 

The Department of justice 

The Attorney General is responsible for representing the State of North 
Carolina in all actions in the Appellate Court Division in which the State is 
either interested or a party. When requested by the governor or either House 
of the General Assembly, the Attorney General appears for the state before 
any other court or tribunal in any case or matter, civil or criminal, in which 
the state may be a party or interested. Also, the Attorney General, when 
requested by the governor, secretary of state, treasurer, auditor, Utilities 
Commission, Banking Commission, insurance commissioner or superinten- 
dent of public instruction prosecutes or defends all suits related to matters 
concerning their departments. The Attorney General represents all state 
institutions whenever requested to do so by the official head of that institu- 
tion. 

The Attorney General consults with and advises judges, district attor- 
neys, magistrates and municipal and county attorneys, whenever they 
request such assistance. Attorney General's opinions are rendered, either for- 
mally or informally, upon all questions of law submitted by the General 
Assembly, the governor or any other state officer. 

The Attorney General, in the public interest, may intervene in proceed- 
ings before any courts, regulatory officers, agencies or bodies, either state or 
federal, on behalf of the consuming public of the State. Also, the Attorney 
General has the authority to institute and originate proceedings before these 
courts, officers, agencies or bodies on behalf of the state, its agencies or its 
citizens in any and all matters which are in the public interest. 

Functions of the Office of Attorney General 

The Attorney General's responsibilities lie in two main areas: The Legal 
Services Area and The Law Enforcement Area. 

The Legal Services Area is organized into five divisions: Criminal, Civil, 
Trade and Commerce, Administrative and the Special Litigation Division. 



The North Carolina Executive Branch 191 

The Law Enforcement Area consists of the State Bureau of Investigation, 
which also oversees the Division of Criminal Information, and the Training 
and Standards Division, which oversees the North Carolina Justice 
Academy, the Criminal Justice Education and Training Standards 
Commission, the Sheriffs' Education and Training Standards Commission, 
and the Law Enforcement Liaison Section. 

The Legal Services Area 

Criminal Division: This Division includes all sections of office dealing 
with criminal matters. Its staff advises and represents state agencies such as 
Department of Correction and Crime Control and Public Safety. The Division 
is broken down into several sections in order to provide specialized support. 

The Special Prosecutions Section prosecutes or assists in the prosecution 
of criminal cases upon request of district attorneys and upon the approval of 
the Attorney General. It also serves as legal advisor to the State Bureau of 
Investigation. 

The Correction Section represents the Department of Correction by pro- 
viding legal counsel and representation on matters involving prison regula- 
tions, personnel and statutory interpretations. 

The Crime Control Section represents the Highway Patrol and the 
Department of Crime Control and Public Safety, and also serves as legal 
advisor to victim and justice services. 

The Federal Habeas Section represents North Carolina in appeals of 
criminal convictions to the federal courts. 

The Appellate Section supervises and/or prepares criminal briefs in all 
appeals to which the state is a party. 

Civil Division: Consisting of six sections, this Division handles civil 
! claims and litigation principally arising from the state construction con- 
', tracts, real property acquisitions, highway condemnation, and the enforce- 
ment of laws governing labor matters, motor vehicles, and state taxation. It 
also assists in environmental enforcement matters and provides representa- 
tion to certain state agencies in workers' compensation and tort claims cases. 

The Property Control Section represents the Department of 
Administration, the North Carolina Ports Authority, the Railway 
Commission, the Art Museum, the Building Commission and other agencies. 
Its staff advises state agencies on real property, public building construction 
law, and public procurement. 

The Revenue Section represents the Department of Revenue. Its duties 

include, but are not limited to: Prosecuting actions to collect taxes from 

individual and corporate taxpayers; defending ad valorem tax valuations of 

public service companies before the Property Tax Commission; handling 

all responsibilities of the Attorney General under G.S. 36A-53 regarding the 

protection of charitable trusts; and defending the Department in state and 
iederal litigation by taxpayers seeking tax refunds. 



192 North Carolina Manual 

The Labor Section acts as legal advisor to the Department of Labor and 
handles cases arising from enforcement of occupational safety and health 
matters and labor laws governing child labor, minimum wage, overtime, and 
unpaid wages. 

The Motor Vehicles Section furnishes legal assistance to the Division of 
Motor Vehicles. Among other things, it represents the Division in appeals to 
superior court involving the suspension or revocation of drivers' licenses, 
appeals of tax assessments for overweight vehicles, and insurance case 
appeals potentially resulting in the loss of vehicle plates. 

The Highway Section acts as legal advisor to the secretary of transporta- 
tion and the State Board of Transportation and provides legal representation 
to the Department of Transportation in such matters as condemnation litiga- 
tion, bids for highway construction, and contracts. 

The Western Office handles condemnation cases for the Department of 
Transportation, tort claims and workers' compensation cases, license revoca- 
tion or suspension cases for the Division of Motor Vehicles, environmental 
enforcement cases for the Department of Environment, Health and Natural 
Resources, and certain administrative hearings for state agencies located in 
the Western part of the state. 

Trade and Commerce Division: Represents the using and consuming 
public's interest in maintaining a free, fair and competitive marketplace, and 
protection of the natural environment. 

Protects the public against price fixing, price gouging restraint or trade 
and other anti-competitive practices. 

The Consumer Protection and Antitrust Section protects the public from 
fraud, deception and other unfair deceptive trade practices. 

The Utilities Section represents the using and consuming public in utili- 
ty rate hearings where adversarial trials are a substitute for competition as a 
means to protect the public's right to high quality utility services at fair and 
reasonable prices. 

The Environmental Section represents the Department of Environment, 
Health and Natural Resources and protects public interest in maintaining an 
environment conductive to public health and safety. 

It also advises the Department of Insurance and represents the using 
and consuming public in insurance rate matters to ensure quality services at 
fair costs. 

Administrative Division: The Administrative Division is comprised of 
six separate legal sections, each of which is responsible for particular clients 
or areas of the law. 

1. Mental Health I Medical Facilities Section — This section represents 
various division of the Department of Human Resources, the hospi- j 
tals of the University of North Carolina, and the Office of the State I 
Controller. 

2. Health and Public Assistance Section — This section represents the ; 



The North Carolina Executive Branch 193 

Divisions of Social Services and Medical Assistance of the 
Department of Human Resources, and all of the health components 
of the Department of Environment, Health and Natural Resources. 

3. Tort Claims Section — This Section represents the State in Tort and 
Workers Compensation claims. It also handles collections actions for 
the University of North Carolina and the Community College 
System. 

4. Services to State Agencies Section — This Section represents the State 

Treasurer, the Retirement Systems, the Office of State Personnel, the 
Administrative Office of the Courts, the Department of Agriculture, 
the General Statutes Commission, the Wildlife Resources 
Commission and numerous licensing boards. 

5. Elections Section — This Section represents the State Board of 
Elections and advises numerous State and local Officials on legal 
matters related to elections. 

6. Real Estate Commission Section — This section represents the North 

Carolina Real Estate Commission and handles cases involving 
licensed real estate brokers. 

Special Litigation Division: The Special Litigation Division consists 
of the Special Litigation Unit and the Education Section. The Special 
Litigation Unit has responsibility for representing the State and its officials 
and employees in complex or controversial civil litigation. The Education 
Section represents the State Board of Education, the Department of Public 
Instruction, the State Board of Community Colleges, the Department of 
Community Colleges and the Education Assistance Authority. It also han- 
dles litigation for the University of North Carolina and consults with local 
school boards and local school officials. 



The Law Enforcement Area 

State Bureau of Investigation: The State Bureau of Investigation was 
established to provide a more effective administration of the criminal laws of 
the state, to prevent crime, and to ensure the speedy apprehension of crimi- 
nals. The Bureau assists local law enforcement in the identification of crimi- 
nals, the scientific analysis to the evidence of crimes, and the investigation 
and preparation of evidence to be used in court. Whenever requested by the 
Attorney General, the governor, sheriffs, police chiefs, district attorneys or 
judges, the State Bureau of Investigation lends its assistance. 

The State Bureau of Investigation is divided into three major areas of 
operation: Field Investigations, the Crime Laboratory and the Division of 
Criminal Information. The bureau has also developed and maintained one of 
the best and most complete crime laboratories in the nation. 

The Division of Criminal Information was established in order to devise, 
maintain and operate a system for receiving, correlating, storing and dissem- 
inating, to participating law enforcement agencies, information that will help 
1 them in the performance of their duties and in the administration of justice 



194 North Carolina Manual 

in North Carolina. Examples of the variety of information stored include 
motor vehicle registrations, driver's licenses, wanted and missing persons, 
stolen property, warrants, stolen vehicles, firearms registration, drug traf- 
ficking, and parole and probation histories. The Division introduced the com- 
puter to the state's law enforcement community and provides an up-to-the- 
minute computer filing system, information retrieval, and communications 
network with qualified law enforcement agencies throughout North Carolina. 

Division of Training and Standards: The Division of Training and 
Standards is composed of five major units including the N.C. Justice 
Academy whose campus is located at Salemburg, N.C, the Criminal Justice 
Standards Division, Sheriffs' Standards Division, Law Enforcement Liaison 
Section, and Information Systems Section. The Division of Training and 
Standards provides a consolidated team of agencies and offices whose prima- 
ry goal is to assure and advance the competence and integrity of the criminal 
justice professions in North Carolina. 

The North Carolina Justice Academy: The Justice Academy and a 
"council" to oversee its development were created in 1973 by an act of the 
General Assembly. The purpose of the Academy is to develop and conduct 
training courses primarily for local criminal justice agencies and to provide 
the resources and facilities for training to various state criminal justice agen- 
cies. For example, the N.C. Department of Correction has provided basic 
officer training at the Salemburg campus since 1974. 

In 1974, the Board of Trustees of the Southwood College and the 
Sampson County Board of Commissioners donated the 95-acre Southwood 
campus to the state for it use as a site for the new academy. Salemburg has 
maintained an educational facility since 1875 with the establishment of 
Salem Academy followed by Pinelands School for Girls, Edwards Military 
Academy, and ultimately, Southwood College, a private two-year, post-sec- 
ondary institution. 

With the establishment of the N.C. Criminal Justice Education and 
Training and Standards Commission in 1979, the Academy's overseeing 
council was eliminated and its role in support of commission-mandated cur- 
riculum grew rapidly. The Academy now develops and maintains mandated 
certification curriculums in basic law enforcement training, basic jailer train- 
ing, criminal justice instructor training, radar, and many advanced instruc- 
tor areas. 

Academy staff train thousands of criminal justice personnel both at the 
Salemburg campus and throughout the state. Numerous state and local 
agencies make use of the campus itself, its learning resource center, and its 
professional staff for basic and in-service training. The academy has a 
responsibility to embrace every aspect of the criminal justice system by pro- 
viding programs and working with other agencies to upgrade the system's 
practices and personnel. 

The Sheriffs Standards Division: Established by act of the General 



The North Carolina Executive Branch 195 

Assembly in 1983, the Sheriffs' Standards Division administers the programs 
of the North Carolina Sheriffs' Education and Training Standards 
Commission. The Commission is responsible for the establishment and 
enforcement of minimum employment, training, and retention standards for 
sheriffs deputies and jailers throughout the State. The Division also estab- 
lishes and implements procedures by which officers are certified as either 
deputy sheriffs' or jailers, as well as accreditation procedures for schools and 
certification of instructors who teach in commission-mandated training pro- 
grams. The Division also administers the Sheriffs' Supplemental Pension 
Fund which has paid benefits to more than 65 retired sheriffs' since the 
Fund's creation in 1985. 

The Criminal Justice Standards Divisions: Established by act of the 
General Assembly in 1971, the Criminal Justice Standards Division adminis- 
ters the programs of the North Carolina Criminal Justice Education and 
Training Standards Commission. The Commission was formed in 1979 when 
the General Assembly consolidated the original Criminal Justice Standards 
Council and the Justice Academy's council into one, more powerful, commis- 
sion. The Commission is responsible for the establishment and enforcement 
of minimum employment, training, and retention standards for law enforce- 
ment officers, corrections officers, youth corrections officers, and local deten- 
tion officers, RADAR operators, as well as criminal justice instructors and 
schools. 

This Division administers seven criminal justice officer certification pro- 
grams encompassing some 27,000 certified officers. Eight other specialty cer- 
tification programs are also administered by the Division, including the 
Radar Operator Certification Program. Also, the Division administers the 
programs of the Company and Railroad Police Act, which the General 
Assembly completely revised in 1992. 

The Law Enforcement Liaison Section: This small section of attor- 
neys provides police legal advice to the majority of local agencies that do not 
have legal advisors. Section attorneys also represent the Sheriffs' and 
Criminal Justice Commissions, other boards and commissions, and respond 
to frequent citizen inquiries about the law enforcement practices and procedures. 

Boards and Commissions 

General Statutes Commission 

N.C. Alarm Systems Licensing Board 

N.C. Criminal Justice Education and Training Standards 

N.C. Sheriffs' Education and Training Standards Commission 

Private Protective Services Board 

For Further Information 

(919) 733-3377 



196 



North Carolina Manual 




The North Carolina Executive Branch 197 

Michael F. Easley 

Attorney General 

Early Years 

Born in Rocky Mount, Nash County, March 23, 1950, to Henry Alexander and Huldah 
Marie Easley. 

Educational Background 

Rocky Mount Senior High School, 1968; UNC, Bachelor of Arts in Political Science 
with honors, 1972; N.C. Central University, School of Law, Cum Laude, 1976. 

Professional Background 

Took the oath of Assistant District Attorney in the 13th Judicial District, 1976; 
Obtained more drug trafficking convictions with than any other District Attorney in 
North Carolina; Filed for office of District Attorney in 1982 for the 13th Judicial 
District at age 31 and was elected; Testified before the United States Senate Foreign 
Relations Sub-Committee on two occasions on drug interdiction and the role of South 
America in drug trafficking; Qualified the youngest victim ever to testify as the chief 
witness in a rape prosecution; Managing editor of the Law Journal, 1975-76. 

Organizations 

Past President of the N.C. Conference of District Attorneys; Past President and 
Legislative Chairman of the N.C. District Attorneys Association; N.C. Federal/State 
Law Enforcement Coordinating Committee; N.C. State Bar Association; United 
States Bar Association; N.C. Criminal Justice Education & Training Standards 
Commission; Board of Visitors, N.C.C.U Law School; National District Attorneys 
Association Faculty, Member, 1988; Lecturer, N.C. District Attorneys Association, 
1978-present; Lecturer, N.C. Academy of Trial Lawyers, CLE; Lecturer, N.C. State 
Bar CLE; Member, Phi Gamma Delta Fraternity. 

Honors and A wards 

Service Award, 1984; Outstanding Young Men of America, 1983; U.S. Department of 
Justice Drug Enforcement Administration Certificate of Appreciation, 1987. 

Publications 

North Carolina Collection "United States-Jordanian Political Relations" (1972); 
NCCU Law Journal - U.S. v. Dzialak - A Void in Judicial Logic (1974); NCCU Law 
Journal - Specific Performance for the Seller of Real Estate, A North Carolina 
Remedy?, (1975); The Final Argument in a Criminal Case - Your Last Clear Chance 
(1985); The Drug Trafficking Grand Jury: A Practical Imperative, The True Bill, 
April 1986. 

Political Activities 

Attorney General, State of North Carolina, 1993-Present. 

Person al In form ation : 

Married, Mary Pipines Easley. Children: Michael Jr. Member, Sacred Heart 
Catholic Church, Southport. 



198 North Carolina Manual 

ATTORNEYS GENERAL OF NORTH CAROLINA 

Colonial 



Name Term 

George Durant 1 1677-1681 

William Wilkison 2 1694 

John Porter, Jr. 3 1694-[1695] 

Henderson Walker , 1695 

Thomas Abington 4 1696 

Richard Plater 5 1696-[1703] 

Christopher Gale 6 1704-1705 

Thomas Snoden 7 1705-1708 

Christopher Gale 8 1708-[1710] 

Edward Bonwicke 9 1711-1714 

Daniel Richardson 10 1714-1724 

[JohnWorley] 11 

James Stanaway 12 

[John Montgomery] 13 

William Little 14 1724 

Thomas Boyd 15 1724-1725 

William Little 1725-1731 

John Connor 16 1731 

John Montgomery 17 1731-1741 

John Hodgson 18 1734 

Joseph Anderson 19 1741-1742 

John Montgomery 1742-1743 

Joseph Anderson 20 1743-1747 

Thomas Child 21 1747-1752 

George Nicholas 22 1752-1756 

Charles Elliot 23 1756 

Robert Jones, Jr. 24 1756-1759 

Thomas Child 25 1759-1761 

Robert Jones, Jr. 26 1761-1766 

Marmaduke Jones 27 1766-1767 

Thomas McGuire 28 1767-[1776] 



State 



Name Residence Term 

Waightstill Avery 29 Burke 1777-1779 

James Iredell 30 Chowan 1779-1782 

Alfred Moore 31 Brunswick 1782-1791 

John Haywood, Jr. 32 Halifax 1792-1795 

Blake Baker 33 Edgecombe 1795-1803 

Henry Seawell 34 Wake 1803-1808 

Oliver Fitts 35 Warren 1808-1810 



The North Carolina Executive Branch 199 

Name Residence Term 

William Milled 6 Warren 1810 

Hutching G. Burton 37 Warren 1810-1816 

William P. Drew 38 Halifax 1816-1824 

James F. Taylor39 Wake 1825-1828 

Robert H. Jones 40 Warren 1828 

Romulus M. Saunders 41 Caswell 1828-1834 

John R. J. Daniel Halifax 1835-1841 

Hugh McQueen 42 Chatham 1841-1842 

Spier Whitaker Halifax 1842-1846 

Edward Stanley 43 Beaufort 1846-1848 

Bartholomew F. Moore 44 Halifax 1848-1851 

William Eaton, Jr. 45 Warren 1851-1852 

Matthew W. Ransom 46 Northampton 1853-1855 

Joseph B. Batchelor 47 Warren 1855-1856 

William H. Bailey 48 Mecklenburg 1857 

William A. Jenkins 49 Warren 1857-1862 

Sion H. Rogers 50 Wake 1863-1868 

William M. Coleman 51 1868-1869 

Lewis P. Olds 52 Wake 1869-1870 

William M. Shipp 53 Lincoln 1870-1873 

Tazewell L. Hargrove Granville 1873-1877 

Thomas S. Kenan Wilson 1877-1885 

Theodore F. Davidson Buncombe 1885-1893 

Frank I. Osborne Mecklenburg 1893-1897 

Zebulon V. Walser 54 Davidson 1897-1900 

Robert D. Douglas 55 Guilford 1900-1901 

Robert D. Gilmer Haywood 1901-1909 

Thomas W. Bicket 56 Franklin 1909-1917 

James S. Manning Wake 1917-1925 

Dennis G. Brummitt 57 Granville 1925-1935 

Aaron A. F. Seawell 58 Lee 1935-1938 

Harry McMullan 59 Beaufort 1938-1955 

William B. Rodman, Jr. 60 Beaufort 1955-1956 

George B. Patton 61 Macon 1956-1958 

Malcolm B. Seawell 62 Robeson 1958-1960 

WadeBruton 63 Montgomery 1960-1969 

Robert Morgan 64 Harnett 1969-1974 

James H. Carson, Jr. 65 Mecklenburg 1974-1975 

Rufus L. Edmisten 66 Wake 1975-1985 

Lacy H. Thornburg 67 Jackson 1985-1993 

Michael F. Easley Brunswick 1993-Present 

Colonial 



x Durant was probably appointed by Jenkins, possibly as early as 1673 or 1674; he 
was serving by 1676. When the conflict between Eastchurch and Jenkins broke out, 
Durant went to England to plead Jenkin's case — he was not very successful since 
Eastchurch was commissioned. Durant did not return to the colony until December, 
1677, but apparently once again served as attorney general. He was still serving in 



200 North Carolina Manual 

November, 1679 and probably continued serving until 1681 or later. 

2 Little is known of Wilkinson's service as attorney general except that he was 
suspended from office in 1694 by Governor Harvey for "Misdemeanors." 

3 Porter was appointed by Harvey to replace Wilkinson and qualified before the 
court. He probably served until Walker took office in 1695. 

4 Abington served for two indictments during the February, 1696 court. 

5 Plater was appointed by Governor Harvey and qualified before the court. He 
was still serving in October, 1703. 

6 When Gale was appointed is not known. The first record of service is at the 
General Court for July, 1704 and he was still serving in October, 1705. 

7 Snoden began serving during the Fall term of the general court for 1705 and 
was still serving in 1708. 

8 Gale was again acting as attorney general by October, 1708. There are not court 
records available for 1709 and 1710 and the records for the First Court in 1711 indi- 
cate that Bonwicke was attorney general. 

9 Bonwicke was serving by March, 1711 and records from the Receiver General's 
office indicate that he was still serving in June, 1714; however, by October he was no 
longer in office. 

10 Richardson was apparently appointed by Governor Eden sometime during the 
summer of 1714. He qualified before the General Court on October 26, 1714 and 
served until 1724 when he was replaced by Little. 

n Worley's name appears in Hawks' list of attorney generals with the date, 
August 2, 1716, following it. Since there are no records which indicate that he served, 
it is assumed that this is an appointment date. Hawks, History of North Carolina, II, 
140. 

^Instructions issued to Governor Burrington by the Lords Proprietors indicate 
that James Stanaway was appointed attorney general; however, there is no evidence 
to indicate that he served. 

13 Montgomery is reported to have been appointed attorney general in 1723; how- 
ever, no evidence could be found to indicate that he served at this time. 

14 Little was appointed by Governor Burrington to replace Richardson and quali- 
fied before the Council. His resignation was announced at a council meeting on 
November 7, 1724. 

15 Boyd was appointed by Governor Burrington to replace Little and qualified 
before the council. He served until Little took over in 1725. 

16 Connor was appointed by Governor Burrington and qualified before the council. 
He served only until Montgomery arrived. 

17 Montgomery was appointed by the crown and qualified before the council. He 
was suspended by Burrington on September 29, 1734, but was either restored to office 
by Johnston or never left as he is considered the attorney general in November. He 
continued serving until 1741 when he was appointed acting chief justice. 

18 Hodgson was appointed by Burrington following the suspension of Montgomery 
and apparently qualified before the council. He served only until Governor Johnston 
took office in November, 1734. 

19 Anderson was appointed acting attorney general by Governor Johnston when 
Montgomery became chief justice. He served until Montgomery returned to service in 
1742. 

20 Anderson was appointed permanent attorney general by Governor Johnston 
when Montgomery was commissioned chief justice. He qualified before the council 
and continued serving until Child took office in 1747. 

21 Child was appointed by the crown and qualified on May 16, 1747. He served 



The North Carolina Executive Branch 201 

until he returned to England in 1752. 

22 Nicholas was apparently appointed to serve when Child left North Carolina to 
go to England. He was reported ill in October, 1755; there is no evidence that anyone 
else was appointed until 1756. 

23 Elliot was appointed by Governor Dobbs to replace Nicholas, and apparently 
qualified before Dobbs. He only served a few months before he died. 

24 Jones was appointed by Governor Dobbs to replace Elliott and presumably 
qualified before him. He served until Child took over in 1761. Commission to Robert 
Jones, Jr., October 4, 1756, Commissions, 1754-1767. 

25 Child was commissioned by the crown and apparently qualified before 
Governor Dobbs. He served until he resigned in 1761. 

26 Jones was appointed by the crown and apparently qualified before Governor 
Dobbs. He served until his death on October 2, 1766. Warrant appointing Robert 
Jones Attorney General of North Carolina, April 14, 1761, CO 324/40, English 
Records, ER 15-22; Commission to Robert Jones, July 25, 1761, Commission Book, 
1761-1772,1; Letter from Governor Tryon to Earl of Shelburne, January 12, 1767, 
Saunders, Colonial Records, VII, 425-426. 

27 Jones was appointed by Governor Tryon to replace Jones and served until 
McQuire took office in 1767. 

28 McGuire was commissioned by the crown to replace Jones and qualified before 
the council. He presumably served until the Revolution. 

State 



29 Avery resigned on May 8, 1779. 

30 Iredell was appointed by the governor with the advice and consent of the coun- 
cil to replace Thomas McQuire who had declined to serve. He was later elected by the 
General Assembly. 

31 Moore's resignation was presented to the council on April 9, 1791, but no one 
was immediately appointed to fill the vacancy. 

32 Haywood was elected to replace Moore and resigned following his elections as 
judge of the Superior Court of Law and Equity on January 28, 1795. 

33 Baker was elected to replace Haywood and resigned on November 25, 1803. 

34 Seawell was elected to replace Baker and resigned on November 30, 1808. 

35 Fitts was elected to replace Seawell and resigned on July 6, 1810. 

36 Miller was appointed by the governor with the advice and consent of the 
Council to replace Fitts. 

37 Burton resigned November 21, 1816. 

38 Drew was elected to replace Burton and resigned in November, 1824. 

39 Taylor was elected to replace Drew and died in late June, or early July, 1828. 

40 Jones was appointed by governor with the advice and consent of the council to 
replace Taylor. 

41 Saunders was elected to replace Taylor. On December 16, 1834 a resolution was 
passed in the House of Commons declaring that the office of Attorney General was 
vacant because Saunders held a commission from the federal government, which was 
in violation of Chapter 6 of the Laws of 1790 — the law prohibited dual office holding 
by a public official except in special cases. Saunders wrote to Alexander Williams, the 
Speaker of the House, the following day requesting that he be given "permission to be 
heard at the bar of the House upon the subject of the Resolution." The request was 
granted. Despite testimony by Saunders on his own behalf, the House voted 68-60 to 
phold the resolution. On December 31, 1834, Saunders sent in his resignation. 



202 North Carolina Manual 

42 McQueens resignation was received by the House of Commons on November 25, 
1842. 

43 Stanley resigned on May 8, 1848. 

44 Moore was appointed by the governor with the advice and consent of the council 
to replace Stanley. He was later elected by the general assembly to a regular term 
and resigned in May, or June, 1851. 

45 Eaton was appointed by the governor with the advice and consent of the council 
to replace Moore. 

46 Ransom was elected by the general assembly to replace Moore and resigned on 
May 2, 1855. 

47 Batchelor was appointed by the governor with the advice and consent of the 
council to replace Ransom. He resigned November 26, 1856. Council Minutes, May 25, 
1855, Council Journal, 1855-1889; Batchelor to Bragg, November 26, 1856, Bragg 
Letter Book, 1855-1857, 600. 

48 Bailey was elected by the general assembly to fill the unexpired term of 
Batchelor. Commission dated January 5, 1857, Commission Book, 1841-1877. 

49 Jenkins was elected to replace Ransom; however, the office was declared vacant 
on December 8, 1862 because Jenkins had accepted a commission in the Confederate 
Army. 

50 Rogers was elected to replace Jenkins and served until the Constitution of 1868 
went into effect. Commission dated January 6, 1866, Commission Book, 1841-1877. 

51 Coleman was elected in the general elections in April, 1868 and served until his 
resignation on May 29, 1869. 

52 01ds was appointed by Governor Holden on June 1, 1869 to replace Coleman. 
At the State Republican Party Convention in 1870 he was defeated for nomination by 
Samuel F. Phillips. 

53 Shipp was elected in the general elections in 1870 to complete Coleman's unex- 
pired term but was defeated for reelection in 1872. 

54 Walser was elected in the general elections in 1896. He resigned effective 
November 24 following his defeat for reelection by Gilmer in 1900. 

55 Douglas was appointed by Governor Russell on November 24, 1900 to complete 
Walser's term. 

56 Bickett was elected in the general elections in 1908 and served following re- 
election in 1912 until 1916 when he was elected governor of North Carolina. 

57 Brummitt was elected in the general elections in 1924 and served following 
subsequent reelections until his death on February 5, 1935. 

58 Seawell was appointed by Governor Ehringhaus on January 16, 1935 to replace 
Brummitt. He was elected in the general elections in 1936 and served until April, ' 
1938 when he was appointed to the State Supreme Court. 

59 McMullan was appointed by Governor Hoey on April 30, 1938 to replace 
Seawell. He was elected in the general elections in 1938 to complete Seawell's unex- 
pired term. He was elected to a full term in 1940 and served following subsequent 
reelections until his death on June 24, 1955. 

60 Rodman was appointed by Governor Hodges on June 1, 1955 to replace 
McMullan and served until he resigned in August, 1956 when he was appointed to 
the Supreme Court. 

61 Patton was appointed by Governor Hodges on August 21, 1956 to replace 
Rodman. He was elected in the general elections in 1956 and served until his resigna- 
tion effective April 15, 1958. 

62 Seawell was appointed by Governor Hodges on April 15, 1958 to replace Patton. 
He was elected in the general elections in 1958 to complete Patton's unexpired term 



The North Carolina Executive Branch 203 

and served until his resignation effective February 29, 1960. 

63 Bruton was appointed by Governor Hodges on February 27, 1960 — to take 
office March 1 — to replace Seawell. He was elected in the general elections in 1960. 

64 Morgan resigned August 26, 1974, to run for United States Senator. 

65 Carson was appointed by Governor Holshouser on August 26 to replace 
Morgan. 

66 Edmisten defeated Carson in a special election to complete Morgan's term held 
in 1974. He was elected to a full term in 1976 and served following subsequent reelec- 
tions until 1985. 

67 Thornburg was elected in the general elections in 1984. 



204 North Carolina Manual 



DEPARTMENT OF AGRICULTURE 



The Civil War devastated calling upon the General Assembly 

North Carolina's economy, to "establish a Department of 

Agriculture, the mainstay of Agriculture, Immigration, and 

the state's slightly more than one Statistics under such regulations as 

million people, was severely stricken, may best promote the agricultural 

Crops were poor and prices low. interests of the state and shall enact 

A system of farm tenancy developed laws for the adequate protection and 

leading to smaller farms and encouragement of sheep husbandry." 
decreased efficiency. In March of 1877, a bill estab- 

In an effort to fight these and lishing such a department was intro- 

other problems, farmers joined orga- duced in the General Assembly and 

nizations much as the Patrons of passed. 

Husbandry (the Grange) and the The original law established a 

Farmers' Alliance. These organiza- board of agriculture to supervise 

tions gave farmers a united voice but NCDA's activities. One of the board's 

were unable to solve many problems, first tasks was to select a commis- 

The solution to the majority of sioner to act as the department's 

farmers was to establish a state gov- administrative head, 
ernment agriculture department. Colonel Leonidas LaFayette Polk 

As early as 1860, Governor John of Anson County who had been 

E. Ellis had urged the General instrumental in the department's 

Assembly to set up a board of agri- establishment, was named the first 

culture. Legislators ignored the commissioner. For a $2,000 a year 

request over concern for the oncoming salary, Polk was charged to carry out 

war. the following: 

The foundation for establishment (1) Find a means of improving sheep 
of an agriculture department was husbandry and curb high mortality 

laid in 1868 when North Carolinians rates caused by dogs; 

approved the state constitution. The (2) Seek the causes of diseases 
constitution provided: "There shall be among domestic animals, to 

established in the office of the quarantine sick stock, and to regu- 

Secretary of State a Bureau of late transportation of all animals; 

Statistics, Agriculture, and Immigra- (3) Seek to check insect ravages 

tion under such regulations as the (4) Foster new crops suited to various 
General Assembly may provide." soils of the state; 

The agency did not provide for (5) Collect statistics on fences in 
the real needs of agriculture, however, North Carolina, with the object 

and failed to win the favor of farmers of altering the system in use; 

who still wanted an independent (6) Work with the United States 
department. Fish Commission in the protection 

Farmer pleas did not fall on deaf and propagation of fish; 

ears. In 1875 at a constitutional (7) Send a report to the General 
convention a provision was approved Assembly each session; 



The North Carolina Executive Branch 205 

(8) Seek cooperation of other states 1923 when the Edenton and Halifax 
on such matters as obstruction of streets parts of the building were 
fish in interstate waters; and demolished and the present neo-clas- 

(9) Make rules regulating the sale of sic building erected. A five-story 
feeds and fertilizers. annex was added to the main build- 
ing in 1954 to provide new quarters 

In addition, the department was for the Natural History Museum and 

to establish a chemical laboratory at space for laboratories and offices, 
the University of North Carolina for Through the decades, NCDA has 

testing fertilizers and to work with expanded its services and responsi- 

the geological survey in studying and bilities to meet agriculture's need, 

analyzing natural resources. The department now has 1,500 

NCDA's first official home was employees and 17 divisions. It 

the second story of the Briggs enforces rules and regulations that 

Building on Fayetteville Street in protect people, farming and the envi- 

downtown Raleigh. Other depart- ronment. 

ment employees were located at the The position of agricultural corn- 
Agricultural Experiment Station in missioner became an elected office in 
Chapel Hill and in other Raleigh 1899. Samuel L. Patterson of Caldwell 
office buildings. County, who had served earlier by 

The Board of Agriculture decided board appointment, became the first 

to bring all the divisions of the elected commissioner. The current 

department together in 1881 and commissioner, James A. Graham of 

bought the National Hotel property Cleveland (Rowan County), has 

for $13,000. The hotel was on served since 1964. 
Edenton Street, the present site of Following are the various divisions 

the Agriculture Building. of the North Carolina Department of 

The building was later enlarged Agriculture and the services they 

and remained NCDA's home until offer: 

Agricultural Statistics 

Even though the agriculture department's original title includes 
"statistics," the intent was mainly to collect statistics relating to farm fences. 

Commissioner Polk did try sending forms to farmers, asking them to list 
their taxable assets and their crop production. Most forms, though, were 
never returned and the few that came in were incomplete. 

By 1887, it was apparent to Commissioner John Robinson that a statisti- 
cal service was needed. In the Biennial Report he wrote: "The means of 
acquiring statistical information are very inadequate. Such information is 
i one of the necessities of the times. There are frequent calls upon this office 
for such statistics, the applicants thinking that we had the information for 
J distribution, and they were warranted in expecting to find correct informa- 
tion in regard to agricultural products in this office." 

In 1916, Frank Parker, a representative of the Federal Crop Reporting 
Service, began statistical work in cooperation with NCDA. Three years later 
he moved his office to the Agriculture Building and became the director of 
the Agricultural Statistics Division. 



206 North Carolina Manual 

The Farm Census began on a voluntary basis in 1918. It became state 
law in 1921. 

The Agricultural Statistics Division maintains county, state and federal 
crop and livestock statistics and rankings. It also assesses weather-related 
agricultural losses, such as those sustained through drought and floods. 

Agronomic Services 

NCDA demonstrated an interest in soils from its earliest years. Much of 
the soil work was conducted by the office of the state chemist. This office 
worked with the U.S. Bureau of Soils in surveying the soils of each county 
and collecting samples for analysis. 

In addition to chemical analysis, the office set up plot tests on each 
important soil type in the state. These plots demonstrated the benefits of 
various types of fertilizers and crop rotation. 

It was 1938, however, before the General Assembly established a Soil 
Testing Division in the department. The division was set up to accept soil 
samples from growers and homeowners statewide for analysis and to furnish 
them with information on fertilizer needs. 

Seventy thousand tests were made on approximately 6,500 soil samples 
the first year. 

The division now analyzes more than 250,000 samples a year for nutri- 
ents and nematodes. In 1992, nearly 3.4 million determinations were made 
from soil, plant, waste, solution and nematode samples. 

Management recommendations are made to improve production efficiency, 
while protecting the environment. Regional agronomists help growers solve 
field problems and carry out recommendations in the most effective way. 

The General Assembly appropriated $7.5 million in 1992 to build a new 
agronomic laboratory in Raleigh for soil and waste testing. Construction is 
scheduled to be completed in 1994. 

Food and Drug Protection 

Under the first elected commissioner, Samuel J. Patterson, the department 
was given more regulatory duties. One of these was the administration of the 
Pure Food Law, which the General Assembly passed into law in 1899. The 
law was intended to prevent adulteration and mislabeling of food and drink 
for both humans and animals. 

A 1900 statewide study revealed that 50 percent of all canned vegetables 
were adulterated with harmful preservatives. With the enforcement of the 
Pure Food Law, however, the percentage of adulteration dropped to 17 per- 
cent in four years. 

Cattle and stock feeds were also inspected and found to be of a low grade. 
A few even contained poisonous substances. The first analysis showed a large 
amount of worthless material used in the stock feeds as a filler. 

In the 1940's pesticides began to appear in large numbers and in broader i 
effectiveness. Added to the agricultural insecticides and fungicides already 
on the market were various weed and grass killers, defoliating chemicals, 



The North Carolina Executive Branch 207 

chemicals to control the premature falling of fruits, and new and more powerful 
insect and rodent controlling chemicals. It was obvious these products needed 
special attention to assure reasonable effectiveness, safety and fair-dealing. 

The General Assembly responded by passing the insecticide, Fungicide, 
and Rodenticide Act of 1947. Under this law, the NCDA was charged with 
the registration of all pesticide brands to prevent mislabeling and adulter- 
ation. Examinations were made of pesticide labels to insure that the per- 
centage of each active ingredient and total inert matter were indicated and 
that other label statements were acceptable. 

In 1953, the department began licensing contractors and pilots for the 
aerial application of pesticides. 

The Pesticide Law, passed in 1971, gave NCDA authority to license pesti- 
cide applicators, dealers and consultants. It also allowed the Food and Drug 
Protection Division to collect samples and conduct inspections at all levels of 
pesticide production, sales and use. The 1971 law also provided for a seven- 
member Pesticide Board which acts as a policy-making body. 

The Food and Drug Protection Division assures consumers that foods, 
feeds, drugs, cosmetics, pesticides and automotive antifreezes are safe, 
wholesome and labeled properly. During 1992, the division collected and tested 
60,000 samples of commodities subject to the N.C. Food and Drug Law. 
Three hundred thousand analyses were performed on those samples. 

Food Distribution 

In 1944, the department began a cooperative effort with the U.S. 
Department of Agriculture to receive and distribute surplus agricultural 
commodities. Such commodities as evaporated milk, potatoes, beets, eggs and 
grapefruit juice were sent to public schools for supplementing meals. 

Not only did schools benefit from serving low cost meals, but the program 
helped hold agricultural prices at or above levels acceptable to producers. 

Food Distribution provides 14 cents per plate in value in USDA com- 

i modities to 700,000 school children each day. It received, stored and distrib- 

' uted $28.5 million in value of USDA commodities in 1992 to eligible recipi- 

• ents. Food is allocated to schools, needy families, soup kitchens, food banks, 

the elderly and charitable institutions. 

In May 1992, the division moved its administrative offices from the 
Agriculture Building in Raleigh to Butner. The new offices are larger and 
will save in operational cost. The division has warehouses in Butner and 
Salisbury for storage and distribution. 

Marketing 

Initially called the Division of Cooperative Marketing in 1913, the 
i Marketing Division's early work involved compiling lists of farm product 
dealers and finding markets for North Carolina sweet potatoes, butter and 
apples. A market news service was launched for cotton and cottonseed. 

Several years later the division began helping local farmers organize into 
cooperative marketing organizations. 



208 North Carolina Manual 

A popular project initiated in the early 1900s was publication of the 
Farmer's Market Bulletin, later called Market News. The publication had 
articles on the marketing conditions of certain crops as well as agricultural 
items for sale. 

The Marketing Division continues to promote the sale of North Carolina 
products domestically and abroad. Staff work to develop and expand mar- 
kets, report farm market prices on major commodities, and determine and 
certify official grades of farm products. 

The division organizes special livestock sales, such as the Junior 
Livestock Show at the N.C. State Fair. It provides marketing advice and 
assistance, and arranges buyer-seller contacts, such as with the "Flavors of 
Carolina" food product shows. The "Goodness Grows in North Carolina" pro- 
gram, which identifies Tar Heel products to consumers, has met with wide 
success and support. 

Other responsibilities include operation of regional farmers markets in 
Asheville, Charlotte and Raleigh. A fourth market is being built in 
Greensboro. It has a regional fruit and vegetable marketing office in 
Elizabeth City. 

The division also administers the N.C. Egg Law and the Farm Products 
Marketing and Branding Law. 

Museums 

As a result of legislation in 1851, the governor appointed a state geologist 
to retain samples of North Carolina minerals. This collection, known as the 
Cabinet of Minerals, was housed on the third floor of the Capitol prior to the 
Civil War. It formed the nucleus of the State Museum. 

After the museum was transferred to NCDA, the legislature expanded its 
responsibilities to include the illustration of North Carolina's natural history 
and resources such as agriculture The N.C. Museum of Natural Sciences in 
Raleigh, founded in 1879, maintains collections and disseminates knowledge 
concerning plants, animals, minerals, fossils and ecology. 

In 1975, NCDA took over operation of the N.C. Maritime Museum in 
Beaufort. The museum sponsors dolphin watches, conducts salt marsh hikes, 
builds old-replicas of historic wooden boats and sports a collection of specimens 
and displays. 

Plant Industry 

Among the original duties given to the department were "investigations 
relative to the ravages of insects." Up until the late 1880's, however, department 
reports declared a "remarkable exemption of the crops of the State" from 
insect pests. 

The situation changed considerably around 1900 when pests, such as the 
San Jose Scale in orchards, began to move in. The San Jose Scale was called 
the "worst enemy of the deciduous fruits." 

NCDA responded by hiring an entomologist to work in conjunction with I 
the already existing Commission for the Control of Crop Pests. An inspection 



The North Carolina Executive Branch 209 

program was launched, including nursery inspections. Nurseries found to 
have no pest problems were certified as pest free. 

Another task of the entomologist's office was the establishment of an 
insect collection. The collection documented the specimens found in the state 
and served as a useful tool in identifying pests for the public. 

In 1916, a honey and bee program was established. The legislature 
authorized the division to investigate bee diseases and ways to improve the 
industry. 

The Plant Industry Division's duties and responsibilities have expanded 
to include the total area plant protection. Programs dealing with insects, 
weeds and diseases have become more sophisticated and incorporate such 
tools as integrated pest management and biological pest control. 

Staff examine fertilizer and seed for accurate labeling and product quali- 
ty. Tall fescue is tested for tall fescue endophyte infection. 

The division administers plant pest laws, regulations that mandate pro- 
grams to deal with pests such as gypsy moth, sweet potato weevil and witch- 
weed. It also administers the Plant Conservation Program, inspects plant 
nurseries and honey bees, and oversees permitting of field releases of geneti- 
cally engineered organisms. 

The Boll Weevil Eradication Program has proven to be one of the most 
successful programs. The boll weevil had decimated the state's cotton crop 
prior to program implementation in the early 1980's. Acreage had plummet- 
ed to 45,000 acres statewide in 1978. 

The eradication program centered in trapping the pest in cotton fields. 
North Carolina was declared weevil-free in March 1987. Acreage reached a 
high of 457,000 acres in 1991 as cotton prices and demand increased. 

Public Affairs 

The need for communication between NCDA and the public was evident 
from the beginning. In 1877, Commissioner Polk started a weekly farm paper 
called The Farmer and Mechanic. 

This paper eventually became independent and was replaced by The 
Bulletin of the N.C. Department of Agriculture . The Bulletin's initial purpose 
was to inform farmers of fertilizer analysis so they could judge their money 
value. 

Soon, though, The Bulletin expanded into all areas of agricultural pro- 
duction. It also became necessary to hire a bulletin superintendent. In 1914, 
an information office was established to coordinate a news service for NCDA 
and the State Agricultural & Engineering College (N.C. State University). 
This arrangement ended in 1925 when the agricultural extension service, 
which had been a joint program of the department and college, was moved 
entirely to the college. 

The division then began publishing the Agricultural Review, a 
I semi-monthly paper. The Review is now published once a month and has 
more than 70,000 subscribers. 

Public Affairs has become the public relations liaison for the public, the 
media and the department. The division oversees State Fair public relations 



210 North Carolina Manual 

coordinates enshrinement ceremonies for the N.C. Agricultural Hall of Fame. 
It also writes speeches and news releases. 

Research Stations 

Created in 1877 by the same act that created NCDA, the Experiment 
Station in Chapel Hill was the first in the South and the nation's second. It 
was directed to conduct experiments on the nutrition and growth of plants, to 
ascertain which fertilizers were best suited to specific crops and to conduct 
needed investigations. 

The initial movement to establish field testing stations began in 1885 
when the General Assembly directed the Board of Agriculture to secure 
prices on lands and machinery. The board obtained 35 acres on the north 
side of Hillsborough Street, Raleigh and the job of clearing land, laying out 
test plots and constructing buildings began. 

The station was transferred from NCDA to the newly created N.C. 
College of Agricultural and Mechanic Arts (NCSU) in 1889. The Hatch Act, 
which had provided $15,000 to each state for agricultural research, had spec- 
ified that the money be directed to the land grant college. In establishing the 
A&M College, the General Assembly had provided that the college would 
receive all land-grant benefits. 

While NCDA maintained its associations with the station, it shifted 
efforts to establishing test farms in various locations statewide. The purpose 
was to experiment with different crop-fertilizer-soil combinations to find the 
most suitable for certain areas. The first two research stations were in 
Edgecombe and Robeson counties. 

Today, 15 stations are conducting research on farming practices, live- 
stock, poultry and crops. The stations are in Whiteville, Clayton, Castle 
Hayne, Clinton, Kinston, Fletcher, Waynesville, Oxford, Lewiston, Salisbury, 
Jackson Springs, Plymouth, Rocky Mount, Laurel Springs and Reidsville. 

The N.C. Department of Agriculture and N.C. State University operate 
the stations cooperatively. NCDA owns nine stations and provides adminis- 
trative support. NCSU owns the other six and provides scientists for various 
research projects. 

Three state farms are also being run jointly. The farms, located in 
Butner, Kinston and Goldsboro, are used for research, teaching and demon- 
stration purposes. 

Standards 

The first laws relating to petroleum products were passed in 1903, at 
which time heating oil — kerosene — was being used primarily for lighting. 
Some of this product contained such large amounts of sulphur that it was 
found to be a health hazard. It was also causing various fabrics and other 
materials to deteriorate. 

By 1917, the department was also given responsibility to enforce the 
gasoline law. This law applied to gasoline and other liquids used for heating 
or power purposes. When the program began, many companies were trying 
to sell low grades for the same price as higher grades. 



The North Carolina Executive Branch 211 

The Standards Division today has one of the country's best gasoline and 
oil inspection programs. Motor fuels are tested for compliance with quality 
specifications, and gasoline pumps are tested for octane levels and accuracy. 
Liquid petroleum gas and anhydrous ammonia installations are checked for 
compliance with safety codes. 

Standards is responsible for testing all commercial weighing and mea- 
suring devices, such as scales, to ensure accuracy. Bar code scanners, such 
as those employed in retail stores, are also checked. The division is also 
responsible for providing precision mass, volume, temperature and length 
standard calibrations. 

State Fair 

The State Agricultural Society sponsored the first State Fair, which was 
held in November 1853 about 10 blocks east of the Capitol. In 1873, the fair 
was moved to a 53-acre lot on Hillsboro Road near the present Raleigh Little 
Theatre. The Society spent about $50,000 to develop the grounds. 

In all, the Agricultural Society sponsored the fair for 73 years, with inter- 
ruptions during the Civil War and Reconstruction period. Among the most 
famous guests during the era were Theodore Roosevelt in 1905 and William 
Jennings Bryan in 1907. 

The Society asked the city and state for help in 1924. A State Fair Board 
was appointed, and in a few years the fair was moved to its present site on 
the west side of Raleigh. 

In 1930, the State Fair was placed under NCDA's administration. For a 
few years the department leased out the operation commercially, but in 1937, 
Commissioner Kerr Scott decided that the management should be directly 
under the NCDA. Dr. J. S. Dorton was chosen as manager, and the fair first 
began to show profits. 

The State Fair has become North Carolina's biggest event, attracting 
about 700,000 people to the 10-day extravaganza each year. Feature attrac- 
tions include livestock and horse shows, crafts, carnival food, free concerts, 
thrilling rides, contests and much more. The James E. Strates Shows' mid- 
way has been a regular feature of the fair since 1948. 

The fairgrounds are a year-round operation. The 344-acre site has eight 
facilities and 50 permanent employees. A variety of shows, including the 
Dixie Deer Classic, Southern Farm Show and Ringling Brothers Circus, are 
held in the buildings. During winter months, the Raleigh Ice Caps profes- 
sional hockey team plays home games. 

Structural Pest Control 

Public concern for the unethical practices of some exterminators led to 
the General Assembly's enactment of the N.C. Structural Pest Control Law 
in 1955. The law was intended to protect consumers, the environment and 
the good name of the structural pest control industry. 

The law created a policy-making board, the N.C. Structural Pest Control 
Commission, and gave NCDA responsibility for inspecting extermination work. 



212 North Carolina Manual 

In 1967, the law was revised, abolishing the commission and creating a 
Structural Pest Control Division in NCDA. The division, which oversees 
applicator licensing and compliance, was given the responsibility of adminis- 
tering the law under the agriculture commissioner. A structural pest control 
committee was established to make necessary rules and regulations and to 
hold hearings related to violations of the law. 

Veterinary 

Even though the original act establishing NCDA called for animal health 
protection, it was 1898 before a state veterinarian was appointed Chosen for 
the position was Dr. Cooper Curtice of Columbia Veterinary College. Dr. 
Curtice launched an investigation of the cattle tick and was able to show that 
the parasite was a carrier of Texas fever. 

Not only was this the first step toward eradication of the fever, but it was 
also the first time that anyone had proven that parasites are capable of 
transmitting disease in mammals. Curtice's work set the pattern for similar 
investigations into human diseases. 

Another threat to livestock at the time the veterinary program began 
was hog cholera, which had first been reported in the state in 1859. By 1877, 
it was killing one out of every nine hogs each year. Many years were to pass 
before control efforts proved successful. 

In the early days, the state veterinarian was not only concerned with ani- 
mal protection but also with livestock promotion. The idea was that more 
livestock would improve soil fertility and better livestock would increase 
profit. Eventually this responsibility was given to NCDA's Marketing 
Division. 

In 1925, the department was charged with supervision of slaughtering 
and meat-packing establishments in the state. This service was not compul- 
sory at that time, but it did enable any establishment that chose to use it to 
sell anywhere within the state without further inspection by a city or town. 

The Veterinary Division is authorized to inspect livestock markets to see 
that animals have received proper tests and vaccinations and to insure that 
sick animals are not offered for sale. Nine animal disease diagnostic labora- 
tories have been set up across the state to serve farmers, practicing veteri- 
narians, animal health personnel and pet owners. 

Meat and poultry facility inspections have become compulsory. NCDA 
also inspects all plants that ship within the state and performs some inspec- 
tions for interstate shipment under a cooperative arrangement with the fed- 
eral government. 

The division has also been instrumental in combating various livestock 
diseases, including pseudo-rabies in swine, equine infectious anemia in horses 
and tuberculosis in cattle. 



Other Divisions 

Other divisions of NCDA include administration, fiscal management and 
personnel. 



The North Carolina Executive Branch 213 

The Administration Division includes offices of the agriculture commis- 
sioner, the three deputy commissioners, the controller, assistant commission- 
er, small farms and agriculture policy advisory, and the consumer affairs 
advisor. Also included are the divisions of Public Affairs and Aquaculture 
and Natural Resources. 

The Aquaculture and Natural Resources Division was established in 
January 1990. It provides assistance in matters of aquaculture, environmen- 
tal regulation and natural resource management. The aquaculture industry 
involves the production of rainbow trout, crawfish, hybrid striped bass, cat- 
fish and clams. 

Fiscal Management is responsible for NCDA's business affairs, including 
preparation and management of operating and capital improvement projects, 
accounting, purchasing, auditing, property management and collections of 
assessment reviews for commodity associations. It also manages the N.C. 
Rural Rehabilitation Corp., which was transferred to NCDA in 1971. 

The Personnel Division is responsible for providing support to NCDA's 
divisions in the areas of personnel administration. These areas include 
recruitment, interviewing and placement, personnel records management, 
policy development and more. 

Agriculture Today 

During its first 125 years of service, the N.C. Department of Agriculture 
has continued to add new services and improve and expand existing ones. 

The State Board of Agriculture is still the policy-making body of the 
department. It has 10 members, with the agriculture commissioner serving 
as ex-officio chair. 

Agriculture is North Carolina's No. 1 industry, generating more than $5 
billion at the farm gate annually. One out of every five jobs in the state is 
agriculturally related. Thirty percent of the gross state product comes from 
agriculture. 

North Carolina is the third most agriculturally diverse state in the 
nation and ranks first in the production of sweet potatoes, tobacco and 
turkeys. It ranks second nationwide in cucumbers for pickles, trout, and 
poultry and egg products; fourth in hogs, commercial broilers, peanuts and 
strawberries; fifth in blueberries; sixth in burley tobacco and greenhouse 
receipts; seventh in chickens, excluding broilers; eighth in apples and eggs; 
ninth in pecans; and tenth in cash receipts from all commodities. 

Boards and Commissions 

Aquaculture Advisory Board 

Board of Crop Seed Improvement 

N.C. Public Livestock Market Advisory Board 

Pesticide Advisory Committee 

N.C. Grape Growers Council 

Northeastern N.C. Farmers Market Advisory Board 

Southeastern N.C. Farmers Market Commission 



214 North Carolina Manual 

Southeastern N.C. Farmers Market Advisory Board 
Grading Service Advisory Committee 
Tobacco Research Commission 

For Further Information 

(919) 733-7125 



The North Carolina Executive Branch 215 



216 



North Carolina Manual 




The North Carolina Executive Branch 217 



Jaimes Allen Graham 



Commissioner of Agriculture 

Early Years 

Born in Cleveland, Rowan County, April 7, 1921, to James Turner and Laura Blanche 
(Allen) Graham. 

Educational Background 
Cleveland High School, 1938; N.C. State College, 1942, B.S. (Agriculture Education). 

Professional Background 

Farmer (owner and operator of commercial livestock farm in Rowan County), former 
manager, Dixie Classic Livestock Show and Fair; head, Beef Cattle and Sheep 
Department, N.C. State Fair, 1946-1952; teacher, Vocational Agriculture, Iredell 
County, 1942-1945; superintendent, Upper Mountain Research Station, 1946-1952; 
manager, Raleigh Farmers Market, 1957-1964. 

Org a n iza tions 

Member, Phi Kappa Phi Honorary Fraternity; N.C. Grange; Farm Bureau, N.C. Farm 
Managers and Rural Appraisers; N.C. Cattlemen's Association; National Association 
of Producer Market Managers (Board of Directors; Past President); N.C. Soil 
Conservation Society; N.C. Branch, United Fresh Fruit and Vegetable Association 
(Board of Directors, secretary, 1959-1964); N.C. Sheep Breeders Association (Board of 
Directors, 1949-1953; National Association of State Departments of Agriculture 
(President, 1979; Board of Directors, 1969-70; 1976-1981); President, Southern 
Association of State Departments of Agriculture, 1969; 32nd degree Mason; 
President, Raleigh Kiwanis Club, 1965; WOW (Board of Directors; Executive 
Committee); Raleigh Chamber of Commerce (Board of Directors); President, 
Northwest Association, N.C. State Alumni Association (Vice President, Wake County 
Association); President, Jefferson Rotary Club, 1951-1952; Executive Secretary, 
Hereford Cattle Breeders Association, 1948-1956 (first full-time Secretary 1954- 
1956). 

Boards and Commissions 

Council of State Member; Robert Lee Doughton Memorial Commission; Board of 
Trustees, A & T College (1956-1960, 1962-1969); N.C. Board of Farm Organizations 
and Agriculture Agencies; Director, Agricultural Foundations (N.C.S.U.); Zoological 
Garden Study Commission; Governor's Council on Occupational Health; Governor's 
Council for Economic Development; State Committee on Natural Resources; State 
Emergency Resources Management Planning Committee; Governor's State-City 
Cooperative Committee; FCX Advisory Committee; Presidential Board of Advisors, 
Campbell University; Governor's Advisory Committee on Forestry, Seafood and 
Agriculture. 

Political Activities 

Commissioner of Agriculture, 1964- (appointed Commissioner on July 29, 1964, by 
Governor Sanford to fill term of the late L. Y. Ballentine); elected, 1964; reelected 
1968, 1972, 1976, 1980, 1984, 1988 and 1992; Democratic Party. 



218 North Carolina Manual 

Honors and A wards 

State 4-H Alumni Award, 1965; National 4-H Alumni Award, 1974; NC Yam 
Commission Distinguished Service Award; N.C. Citizens Association Distinguished 
Service Award; Man of the Year in N.C. Agriculture, 1969; National Future Farmers 
of America Distinguished Service Award, 1972; N.C. Dairy Products Association 
Distinguished Service Award, 1981; N.C. Turkey Federation Association Leadership 
Award, 1982; N.C. Apple Growers Association, Life Membership for Outstanding 
Service, 1982; N.C. Cooperative Council Outstanding Service to Rural People Award, 
1983; N.C. Pork Producers Association Special Service Award, 1983; N.C. Poultry 
Federation, Distinguished Service Award, 1983; Honorary member: N.C. Vocational 
Agricultural Teachers Association; N.C. Farm Writers Association; State Future 
Farmers of America: Permanent Class President, Class of '42, NCSU; N.C. 
Quarterhorse Association, Hall of Fame; Martin Litwack Award, NCSU College of 
Veterinary Medicine; N.C. Pest Control Association Award; N.C. Food Dealers 
Association; Division TEACCH, UNC School of Medicine; N.C. School Food Service 
Association, 1990. 

Personal Information 

Married, Helen Ida Kirk, October 30, 1942; Children: Alice Kirk Graham Underhill 
and Laura Constance Graham Brooks; seven grandchildren. Member, First Baptist 
Church; Deacon, 1960-1964, 1969-Present. 



The North Carolina Executive Branch 219 

COMMISSIONERS OF AGRICULTUREi 

Name Residence Term 

Leonidas L. Polk 2 Anson 1877-1880 

Montford McGhee 3 Caswell 1880-1887 

John Robinson 4 Anson 1887-1895 

Samuel L. Patterson 5 Caldwell 1895-1897 

James M. Newborne 6 Lenoir 1897 

JohnR. Smith? Wayne 1897-1899 

Samuel L. Patterson 8 Caldwell 1899-1908 

William A. Graham 9 Lincoln 1908-1923 

William A. Graham, Jr. 10 Lincoln 1923-1937 

William Kerr Scott 11 Alamance 1937-1948 

David S. Coltrane 12 Wake 1948-1949 

Lynton Y. Ballentine 13 Wake 1949-1964 

James A. Graham 14 Rowan 1964-Present 

J The Department of Agriculture was created by the General Assembly of 1876- 
77. In the bill creating the department, provisions were made for a Board of 
Agriculture whose members were to be appointed by the governor. The Board's mem- 
bership was then to elect a Commissioner of Agriculture, who would serve as head of 
the department. This continued until 1900 when the commissioner was elected by the 
General Assembly. In the General Assembly of 1899, a bill was passed which provid- 
ed for the electing of the Commissioner of Agriculture in the general elections. 

2 Polk was chosen by the Board of Agriculture on April 2, 1877 and served until 
his apparent resignation in 1880. 

3 McGhee was apparently chosen by the Board of Agriculture to replace Polk and 
served until 1887. 

4 Robinson was elected by the Board of Agriculture on April 22, 1887 and served 
following subsequent reelections by the board until 1895. 

5 Patterson was elected by the Board of Agriculture on June 13, 1895. 

6 Mewborne was elected by the Board on March 23, 1897 - to take office June 15, 
1897 - and served until his resignation effective January 1, 1898. 

7 Smith was elected by the board on December 14, 1897 - to take office January 1, 
1899 - to complete the term of Mewborne. 

8 Patterson was elected by the General Assembly on March 6, 1899. He was elect- 
ed in the general elections in 1900 and served following reelection in 1904 until his 
death on September 14, 1908. 

9 Graham was appointed by Governor Glenn on September 16, 1908 to replace 
Patterson. He was elected in the general elections in 1908 and served following subse- 
quent reelections until his death on December 24, 1923. 

10 William A. Graham, Jr. was appointed by Governor Morrison on December 26, 
1923 to replace his father. He was elected in the general elections in 1924. 

n Scott was elected in the general elections in 1936 and served following subse- 
quent reelections until his resignation in February, 1948. 

12 Coltrane was appointed by Governor Cherry on February 14, 1948 to replace Scott. 
He was elected in the general elections in 1948 to complete Scott's unexpired term. 

13 Ballentine was elected in the general elections in 1948 and served following 
subsequent reelections until his death on July 19, 1964. 

14 Graham was appointed by Governor Sanford on July 30, 1964 to replace 
Ballentine. He was elected in general elections in 1964 and is still serving following 
subsequent reelections. 



220 North Carolina Manual 



THE DEPARTMENT OF LABOR 



The Constitution of North The many laws and programs under 

Carolina provides for the elec- its jurisdiction affect virtually every 

tion by the people every four person in the state in one way or 

years of a Commissioner of Labor another. The General Statutes pro- 

whose term of office runs concurrent- vide the Commissioner with broad 

ly with that of the governor. The regulatory and enforcement powers 

Commissioner is the administrative with which to carry out the depart- 

head of the Department of Labor and ment's duties and responsibilities to 

also serves as a member of the the people. 
Council of State. The department's principal regu- 

The original "Bureau of Labor latory, enforcement and promotional 

Statistics", the historical precursor of programs are carried out by eleven 

the present N.C. Department of divisions, each headed by its own 

Labor, was created by the General director. These include the 

Assembly of 1887, with provision for Apprenticeship and Training Division, 

appointment by the governor of a the Arbitration, Conciliation and 

"Commissioner of Labor Statistics" Mediation Division, the Boiler and 

for a two-year term. In 1899 another Pressure Vessel Division, the 

act was passed providing that the Elevator and Amusement Ride 

Commissioner, beginning with the Division, the Mine and Quarry 

general election of 1900, be elected Division, the Occupational Safety 

by the people for a four-year term, and Health Division, the Pre- 

For three decades, the department Apprenticeship Division, the Private 

over which this newly elected Personnel Service Division, the 

Commissioner presided remained a Research and Statistics Division, the 

very small agency of state govern- Wage and Hour Division, and the 

ment with limited duties and person- Workplace Retaliatory Discrimination 

nel. In 1925, the Department Division, 
employed a total of 15 people. Support services are handled by 

In a general reorganization of the Budget, Personnel, Publications, 

the state's labor administration func- and Communications Divisions, and 

tions in 1931, the General Assembly the department library. 
laid the broad groundwork for the Five statutory boards and one 

Department of Labor's subsequent other advisory group assist the 

gradual development into an agency Commissioner with policy develop- 

with laws and programs affecting a ment and program planning. These 

majority of North Carolina citizens. are the Apprenticeship Council, the i 

Today, the North Carolina Board of Boiler and Pressure Vessel 

Department of Labor is charged by Rules, the Mine Safety and Health 

statute with the responsibility of pro- Advisory Council, the State Advisory 

moting the "health, safety and gener- Council on Occupational Safety and; 

al well-being" of the state's more Health, the Private Personnel 

than three million working people. Service Advisory Council and the 



The North Carolina Executive Branch 221 

Industry Advisory Board. The Labor which hears appeals of cita- 

Occupational Safety and Health tions and penalties imposed by the 

Review Board is a separate unit OSHA Division and whose members 

independent from the Department of are appointed by the Governor. 

Apprenticeship and Training 

The Apprenticeship and Training Division promotes and monitors a 
broad range of apprenticeship programs designed to train journeyman-level 
craftworkers to meet the demands of industries for high-skilled workers. In 
1991 about 2,300 citizens were enrolled in these private industry-supported 
programs, which are authorized under a 1939 state law enacted "to relate the 
supply of skilled workers to employment demands." Apprenticeship programs 
are established with private employers or under the sponsorship of joint 
labor-management committees. The division encourages high school gradu- 
ates to pursue apprenticeship training as a means to acquire steady, fulfill- 
ing employment at excellent wages and with career-development potential. 
Apprentices begin at a fixed percentage of journeyman pay and receive 
planned wage increases as they learn new skills. Apprenticeships combine 
structured on-the job training with related technical training furnished by 
the individual employer or at a community college or technical institute. The 
division is the administrator in North Carolina of the National 
Apprenticeship Act of 1937 which created the mechanism to establish uni- 
form standards for quality training under approved apprenticeship agree- 
ments. The division establishes standards, approves apprenticeship pro- 
grams which meet established criteria, is a records depository and issues 
completion certificates to citizens who complete apprenticeship training. 

Pre- Apprenticeship 

In addition to apprenticeship, the Department of Labor promotes oppor- 
tunities for skills training through on-the job training programs, skills 
upgrading training, classroom work, and pre-apprenticeship customized 
training projects. The division was created to develop employment and train- 
ing for economically disadvantaged people and to develop pre-apprenticeship 
level training in apprenticeable occupations. 

These programs are funded in various counties in North Carolina 
through the Job Training Partnership Act (JTPA) and other sources. Labor 
Department representatives meet with employers to design training pro- 
grams tailored to their needs. Employers willing to employ individuals eligi- 
ble under guidelines of JPTA may qualify for financial assistance as well as 
for assistance with program design. In 1991, 905 participants were enrolled 
in all of the supported programs developed by the Pre-Apprenticeship 
Division. 

Arbitration, Conciliation, and Mediation 

The Arbitration, Conciliation and Mediation Division directed the 
Department's efforts to resolve conflicts between employees and management 



222 North Carolina Manual 

in the workplace. Created by the General Assembly in 1941, the division has 
sought to effect voluntary, amicable and expeditious settlement of disputes 
between employers and employees which otherwise are likely to result in 
strikes, work slowdowns or lockouts. 

Mediation: Upon application by both parties, the Commissioner of 
Labor will assign a mediator to assist the parties in their collective bargain- 
ing process. This effort is voluntary and does not bind the parties in any way. 

Conciliation: When there is an imminent or existing labor dispute, the 
Commissioner may assign a conciliator to help adjust and settle the differ- 
ences between the parties. The conciliation effort has no binding effect upon 
the parties. 

Arbitration: In 1927, North Carolina was one of the first states to enact 
the Uniform Arbitration Act, which establishes a formal procedure for volun- 
tary, binding arbitration of questions in controversy between two or more 
parties. In 1945, the General Assembly established an arbitration service 
administered by the Commissioner of Labor, who appoints and maintains a 
voluntary arbitration panel. The panel is composed of highly qualified and 
experienced individuals who have agreed to make themselves available to 
arbitrate controversies and grievances relating primarily to wages, hours 
and other conditions of employment. Assignment or selection of an arbitrator 
is made pursuant to provisions of a contract or voluntary agreement between 
the parties. In the event the parties cannot agree on the selection of an arbi- 
trator, the N.C. Administrative Code authorizes the Commissioner to appoint 
an arbitrator. 

Boilers and Pressure Vessels 

The Boiler and Pressure Vessel Division enforces the Uniform Boiler and 
Pressure Vessel Act of North Carolina. This law, which became effective in 
1976, expanded coverage of earlier statutes that had existed since 1935. The 
division regulates the construction, installation, repair, alteration, inspec- 
tion, use and operation of vessels subject to the law. The division conducts 
periodic inspections of vessels under its jurisdiction and monitors inspection 
reports by certified insurance company inspectors. The division maintains 
records concerning the ownership, location and condition of boilers and pres- 
sure vessels being operated, and issues operating certificates to boiler owners 
and operators whose equipment is found to be in compliance with the act. 
More than 125,000 boilers and pressure vessels currently are on record with 
the division. 

Elevator and Amusement Rides 

The Elevator and Amusement Ride Division is responsible for the proper 
installation and safe operation of all elevators, escalators, workman's hoists, 
dumbwaiters, moving walks, aerial passenger tramways, amusement rides, 
incline railways and lifting devices for persons with disabilities that operate 
in public establishments (except federal buildings) and private places of' 
employment. Nearly 10,000 inspections are conducted annually by this 



The North Carolina Executive Branch 223 

division which first undertook its periodic safety code inspection program in 
1938. It now operates under a law passed by the General Assembly in 1986. 
Any company or persons wanting to erect any equipment under this divi- 
sion's jurisdiction, except amusement rides, must submit prints and applica- 
tions for approval before any installation is begun. Any company or person 
wanting to operate amusement devices is required to submit a location notice 
in writing to the division's Raleigh office at least five (5) days prior to the 
intended date of operation. The division will issue an installation permit 
which must be posted on the job site. All new installations, as well as all 
alterations to existing equipment, are inspected. In addition, division person- 
nel conduct regular, periodic inspections of all such operating equipment in 
the state and inspect amusement rides before they operate at each location. 
Employers, institutions such as churches, and private individuals who desire 
technical assistance in selecting and installing safe lifting devices for persons 
with disabilities may acquire help from the division. The division also offers 
architects and builders a service of reviewing plans for code compliance on 
proposed installations of elevators and related equipment. 

Migrant Housing 

The 1986 General Assembly enacted into law a new program for the reg- 
istration and inspection of housing provided to migrant agricultural workers. 
Beginning in 1990, everyone who owns migrant housing must notify the 
Department of Labor about the housing 45 days before migrants are to 
arrive, and the Migrant Housing Division of the department will conduct a 
pre-occupancy inspection of the housing. Migrant housing must meet the 
OSHA standards plus specific standards for heat, fire protection, and kitchen 
sanitation. Owners of migrant housing which does not meet the standards 
are subject to fines. 

Mines and Quarries 

The Mine and Quarry Division enforces the 1976 Mine Safety and Health 
Act of North Carolina and conducts a broad program of inspections, education 
and training, technical assistance and consultations to implement provisions 
of the act. Previous North Carolina laws on the operations and inspection of 
mines and quarries in the state date back to 1897. In 1977 the U.S. Congress 
enacted the federal Mine Safety and Health Act, requiring mine and quarry 
operators to meet specific standards designed to achieve safe and healthful 
working conditions for the industry's employees. The Mine and Quarry 
Division assists operators to comply with the provisions of the federal act 
which require them to train their employees in safe working procedures. Some 
480 private sector mines, quarries, and sand and gravel pit operations employ- 
ing more than 4,500 citizens are under the division's jurisdiction. There also 
are approximately 300 public sector mines in North Carolina, which are oper- 
ated by the N.C. Department of Transportation. These are not under 
1 Department of Labor jurisdiction, but personnel from public sector mines do 
participate in training programs conducted by the Mine and Quarry Division. 



224 North Carolina Manual 

Occupational Safety and Health 

The Occupational Safety and Health Division administers and enforces 
the 1973 Occupational Safety and Health Act of North Carolina, a broadly 
inclusive law which applies to most private sector employment in the state 
and to all agencies of state and local government. North Carolina currently 
conducts one of 23 state-administered OSHA programs in the nation. The 
Occupational Safety and Health Division conducts about 3,000 inspections a 
year. The division conducts investigations of complaints made by workers, 
investigations of work-related accidents and deaths, general schedule inspec- 
tions of randomly picked firms, and follow-up inspections of firms previously 
cited for OSHA violations. Worker complaints about unsafe or unhealthy 
working conditions should be made in writing to the Occupational Safety and 
Health Division. 

In addition to enforcing state OSHA safety and health standards, the 
North Carolina program offers free consultative services, education and 
training opportunities, and engineering assistance to the 138,000 private 
businesses and the public employers which are under its jurisdiction. By 
making full use of these non-enforcement services, employers may bring 
their establishments into full compliance with OSHA standards. Employers 
may contact the division's Consultative Services Bureau and receive free aid, 
including technical assistance or on-site visits. The North Carolina 
Occupational Safety and Health standards parallel the federal OSHA stan- 
dards. The North Carolina standards may be more strict than the federal 
standards, but they may not be less strict. Serious violations of OSHA stan- 
dards can result in monetary fines; dates by which the violations must be 
abated accompany the citations. 

Private Personnel and Job Listing Services 

The Private Personnel Service Division licenses and regulates private 
personnel and job listing services operating in North Carolina. This activity 
was conducted pursuant to a 1929 statute until 1979, when a completely new 
act was adopted by the General Assembly. With the new law came additional 
protections for job applicants who use personnel and job listing services 
which charge fees to applicants. The law specifies certain contract require- 
ments between an applicant and a service and authorizes the department to 
inspect licensed services upon receipt of a formal consumer complaint. All 
services charging a fee to applicants must be licensed by the department. 
Currently 187 of the 393 services in the state are under departmental juris- 
diction. Services which are solely employer-paid need not be licensed by the 
department. 

Research and Statistics 

The Research and Statistics Division compiles and publishes comprehen- 
sive data on occupational injuries and illnesses in North Carolina for use in I 
the department's state-administered Occupational Safety and Health 
Program as well as by industry as a reference guide in conducting their own 



The North Carolina Executive Branch 225 

safety and health activities. These data provide reliable measures for evalu- 
ating the incidence, nature and causes of injuries and illnesses in the work- 
place. They are obtained by compiling and analyzing the annual reports pro- 
vided by some 13,000 cooperating North Carolina employers. The division 
also assembles and publishes monthly data on building activity - number of 
units authorized, dollar-volume and type of construction - in North Carolina 
by 45 cities of more than 10,000 population and by county. 

The division provides computer support services required by other divi- 
sions of the department for data processing. The division also serves as the 
department's research facility, developing information upon a variety of sub- 
jects as needed. 

Wages and Hours 
The Wage and Hour Division administers and enforces the 1979 North 
Carolina Wage and Hour Act, which consolidated four previously separate 
state laws covering minimum wage, maximum hours, wage payment and 
child labor. Minimum wage, overtime and youth employment provisions 
generally apply to all North Carolina businesses which are not subject to the 
U.S. Fair Labor Standards Act. Wage payment provisions, which include the 
payment of promised vacation, sick pay, or other benefits, cover all employees 
in North Carolina except those employed in federal, state, and local government. 
Since 1986, the state minimum wage has been $4.25 an hour. An employee 
must work for more than 40 hours in any work week to qualify for overtime, 
under state laws. Youth employment certificates are required for workers 
aged 14 through 17. This age group is prohibited from being employed in certain 
hazardous occupations. There are daily and weekly hours restrictions, break 
requirements, and additional work limitations for 14 and 15-year-old work- 
ers. Youth aged 12 and 13 may be employed for newspaper delivery only, for 
which a youth employment certificate is not required. Employment for youth 
under age 12 is not permitted. Full and partial exemptions from the youth 
employment requirements under the act are granted for certain occupations, 
such as those in agriculture and domestic work. The division investigates 
worker complaints and collects back wages due employees. 

Workplace Retaliatory Discrimination 
The Workplace Retaliatory Discrimination Division enforces the 
Retaliatory Employment Discrimination Act. This new law protects employ- 
ees who in good faith file or initiate an inquiry in relation to workers' com- 
pensation claims, or exercise their rights under the state's Occupational 
Safety and Health Act, the Mine Safety and Health Act, or the Wage and 
Hour Act. 

Investigators from this division impartially examine all written com- 
plaints filed with the department under the act. If a complaint does not have 
merit, a right to sue letter is issued to the complainant who may then pursue 
the claim through litigation. If the complaint is found to be valid by the divi- 
jsion, the department attempts conciliation through informal means prior to 
ssuing a right to sue letter or taking the complaint to court. 



226 North Carolina Manual 

The division also administers the Controlled Substance Examination 
Regulation Act which protects individuals from inadequate controlled sub- 
stance examinations both before employment and on the job. This act sets 
out minimum procedural requirements to be followed by employers who 
choose to test employees and applicants for drug use. 

Boards and Commissions 

Safety and Health Review Board 

Private Personnel Service Advisory Council 

Mine and Quarry Advisory Council 

State Advisory Council on Occupational Safety and Health 

Apprenticeship Council 

North Carolina Board of Boiler and Pressure Vessel Rules 

For Further Information 
(800) LABOR-NC 



The North Carolina Executive Branch 227 



228 



North Carolina Manual 




The North Carolina Executive Branch 229 



Harry Eugene Payne, Jr. 



Commissioner of Labor 

Early Years 

Born in Wilmington, New Hanover County, September 11, 1951, to Harry E. and 
Margaret G. (Tucker) Payne. 

Educational Background 

Graduated, New Hanover High School, 1970; UNC-Chapel Hill, 1974, A.B. 
(Psychology and Political Science); Wake Forest University School of Law, 1977, J.D. 

Professional Background 

Commissioner of Labor, 1993-; Lawyer, 1977-92, began private practice as sole practi- 
tioner, firm grew to become Scott, Payne, Boyle & Swart, Wilmington. 

Boards and Commissions 

Advisory Board, Z. Smith Reynolds Foundation; Board of Directors, N.C. Public 
School Forum; Board of Directors, Community Penalties; Board of Directors, N.C. 
Center for Public Policy Research; Advisory Board, Shaw-Speaks Center; Wilmington 
Excellence; Dispute Resolution Committee, N.C. Bar Association; Southeastern 
Strategic Council. 

Political Activities 

| N.C. General Assembly, 1980-92, (Co-Chair, 1983, Administrative Rules Review 
Committee); Chair, 1985, Manufacturers and Labor Committee; Chair, 1987, 
Constitutional Amendments Committee; Chair, 1989, Rules, Appointments and the 
Calendar Committee; Co-Chair, 1989, Appropriations Committee, Subcommittee on 
Education; Chair, Credentials Committee, 7th District, 1980 Democratic Convention; 
State Democratic Executive Committee, 1993-; N.C. Commission on Indian Affairs, 
1993-; Chair, Literacy Taskforce, Governor's Commission on Workforce Preparedness, 
1993-. 

Honors and A wards 

Distinguished Service Award, 1990; N.C. Public Health Association; Legislator of the 
Year, 1989; N.C. Association of the Deaf; Legislator of the Year, 1989; N.C. Academy 
of Trial Lawyers; Award of Appreciation, 1987-88; N.C. Speech & Hearing 
Association; Legislative Award, 1988; N.C. Chapter, American Planning Association; 
Susan B. Anthony Award, 1987; New Hanover Chapter of the National Organization 
of Women; Certificate of Appreciation, 1988; Boys Club of American; Friends of Labor 
Award, 1987; American Federation of Labor-Congress of Industrial Organizations; 
Award of Appreciation, 1987; Wilmington Chamber of Commerce; Boss of the Year, 
1988; American Business Women's' Association; Battleship Chapter; Outstanding 
Government Official 1986, Wilmington Jaycees; Award of Appreciation, 1985; 
Southeastern Sickle Cell Association; Consumer Advocate of the Year, 1985; N.C. 
Consumer Council; Right-To-Know Award, 1985; N.C. Occupational Safety and 
health. 



Person al In form a tion 

-lifelong Member, Grace United Methodist Church, Wilmington. 



230 North Carolina Manual 

COMMISSIONERS OF LABORi 

Name Residence Term 

Wesley N. Jones 2 Wake 1887-1889 

John C. Scarborough 3 Hertford 1889-1892 

William I. Harris 4 1982-1893 

Benjamin R. Lacy 5 Wake 1893-1897 

James Y. Hamrick 6 Cleveland 1897-1899 

Benjamin R. Lacy 7 Wake 1899-1901 

Henry B. Varner 8 Davidson 1901-1909 

Mitchell L. Shipman Henderson 1909-1925 

Franklin D. Grist Caldwell 1925-1933 

Arthur L. Fletcher^ Ashe 1933-1938 

Forest H. Shuford 10 Guilford 1938-1954 

Frank Crane 11 Union 1954-1973 

William C. Creel 12 Wake 1973-1975 

Thomas A. Nye, Jr. 13 Rowan 1975-1977 

John C. Brooks 14 Wake , 1977-1993 

Harry E. Payne, Jr New Hanover 1993-Present 

^he General Assembly of 1887 created the Bureau of Labor Statistics. In the act 
establishing this agency, provision was made for the appointment of a commissioner, 
by the governor, to a two-year term. In 1899 another act was passed by the General 
Assembly which provided that the commissioner would be elected by the General 
Assembly during that session, and that future commissioners would be elected in the 
general elections - beginning in 1900 - for a four-year term. 

2 Jones was appointed by Governor Scales on March 5, 1887 for a two year term. 

Scarborough was appointed by Governor Fowle on February 15, 1889 for a two- 
year term. He was apparently reappointed in 1891 and resigned in December, 1892. 

4 Harris was appointed by Governor Holt on December 20, 1892 to replace 
Scarborough. 

5 Lacy was appointed by Governor Carr on March 2, 1893 for a two-year term. He 
was reappointed on March 13, 1895. 

6 Hamrick was appointed by Governor Russell on March 8, 1897 for a two-year 
term. 

7 Lacy was elected by the General Assembly on March 6, 1899. 

8 Varner was elected in the general elections in 1900. 

9 Fletcher was elected in the general elections in 1932. He resigned effective' 
September 12, 1938. 

10 Shuford was appointed by Governor Hoey on September 12, 1938 to replace 
Fletcher. He was elected in the general elections in 1938 and served following subse- 
quent reelections until his death on May 19, 1954. 

n Crane was appointed by Governor Umstead on June 3, 1954 to replace Shuford. 
He was elected in the general elections in 1954. 

12 Creel died August 25, 1975. 

13 Nye was appointed by Governor Holshouser to fill the unexpired term of Creel. 

14 Brooks was elected in 1976 and is still serving following subsequent re-elections. 



The North Carolina Executive Branch 231 



DEPARTMENT OF INSURANCE 



Before March 6, 1899, the premium rates insurers charge, the 

licensing and supervision of language in their insurance policies, 

insurance companies doing and their risk classification systems; 

business in North Carolina was dele- require periodic financial disclosures 

gated to the Secretary of State. The by insurers and agents; provide for 

1899 General Assembly established audits of insurers in order to monitor 

the Department of Insurance and their solvency; license and regulate 

gave it the responsibility of admit- agents, brokers, and claims 

, ting, licensing, and generally regu- adjusters; prescribe and define what 

: lating insurance companies. kind of insurance may be sold in this 

The first Commissioner of state; provide information to insur- 

Insurance was to be elected by the ance consumers about their rights 

, General Assembly and subsequently and responsibilities under their poli- 

appointed by the Governor, by and cies; and prohibit unfair and decep- 

i with the consent of the state senate, tive trade practices by or among per- 

, This would occur in January of 1901, sons in the business of insurance, 
and the appointed Commissioner The Commissioner and depart- 

would serve four-year terms. In ment also license and regulate bail 

1 1907, however, the General bondsmen, motor clubs, premium 

Assembly authorized a referendum finance companies, and collection 

; to amend the constitution of North agencies. Other responsibilities 

Carolina to provide that the office of include providing staff support to the 

i Commissioner of Insurance would be North Carolina State Building Code 

a constitutional office and that the Council, the Manufactured Housing 

'Commissioner would be elected by Board, the State Fire and Rescue 

>the people every four years. Commission, the Public Officers' and 

The Commissioner and Employees' Liability Insurance 

Department of Insurance regulate Commission, the Arson Awareness 

the various kinds of insurance sold Council, and the Code Officials 

in this state and the companies and Qualifications Board. 
agents that sell it. All authority to Other important functions of the 

regulate the business of insurance is Commissioner and department that 

delegated to the Commissioner by affect many citizens of the State are 

the General Assembly. the training of firemen and rescue 

Specifically, the Commissioner squad workers and the certification 

and department oversee the formation of fire departments for fire insurance 

'md operation of insurance companies; rating purposes, 
mforce the minimum financial stan- The department encompasses the 

iards for licensing and continued following entities: 
)perations of insurers; regulate the 



232 North Carolina Manual 

Administration Division 

This division works hand-in-hand with the Commissioner in research, 
policy-making decisions, and the setting of goals and priorities for the 
Department of Insurance as well as administering budget and personnel for 
the department. 

Public Services Group 

The Agents Services Division regulates and revises licenses for every 
agent, adjuster, broker and appraiser doing business in North Carolina as 
well as nonresident brokers and nonresident life agents, reviews all applica- 
tions for examinations, oversees agents' and adjusters' examinations, and 
maintains a file on each licensed individual and each company's agents and 
representatives. 

The Consumer Services Division was established to help North Carolina 
consumers by helping them get answers to their insurance questions and by 
working to solve their insurance problems. The division strives to acquaint 
consumers with alternatives and the courses of action they may pursue to 
solve their particular insurance problem. 

Company Services Group 

The responsibilities of the Financial Evaluation Division are to monitor 
the solvency of all insurance companies under the supervision of the 
Commissioner of Insurance; to review and recommend for admission out-of- 
state domestic, and surplus lines companies seeking to transact business in 
the state; to examine and audit domestic and foreign insurance organizations 
licensed in North Carolina; and to assure the financial solvency and employ- 
ee stability of self-insured workers' compensation groups in the state. 

The Actuarial Services Division assists in the review of rate, form and 
statistical filings. In addition, this division provides actuarial studies in 
financial evaluation work and is involved in special projects and studies. 

The Information Systems Division has the responsibility for all depart- 
mental data processing, word processing, office automation, data communica- 
tions, and voice communications. 

Regulatory Actions Division 

The Regulatory Actions Division is responsible for monitoring and super- 
vising domestic insurance companies with solvency concerns, and for manag- 
ing domestic insurance companies placed into receivership. 

Technical Services Group 

The Property and Casualty Division reviews homeowners, farmers, auto- 
mobile, workers' compensation and other personal, commercial property or 
casualty insurance policies, rates and rules. 

The primary responsibility of the Life and Health Division is the review of; 
rate, rule and policy form filings made by life and health insurance companies. 



The North Carolina Executive Branch 233 

The Market Conduct Division conducts field examinations of the market 
practices of domestic and foreign insurers and their representatives. 

Managed Care and Health Benefits Division 

The Managed Care and Health Benefits Division monitors and regulates 
the activities of health maintenance organizations (HMO's), preferred 
provider organizations (PPOs), multiple employer welfare arrangements 
(MEWAs), third-party administrators (TPAs) and other types of emerging 
health care arrangements. The division's emphasis is on how the activities 
of these arrangements affect North Carolina consumers. 

Regulatory Services Group 

The Special Services Division is responsible for licensing and regulating 
insurance premium finance companies, professional bail bondsmen and run- 
ners, collection agencies and motor clubs, and investigating all complaints 
involving these entities. 

The Investigations Division is responsible for investigating violations of 
North Carolina's insurance laws. Requests for investigations come from with- 
in the department, from consumers, law enforcement agencies, local, state 
and federal agencies, and insurance companies. 

Office of General Counsel 

The Regulatory Services Group also includes the Office of General 
< Counsel, which advises department personnel on legal matters and acts as 
j liaison to the Office of Attorney General. 

Safety Services Group 

The Engineering Division has primary responsibility for administering 
i the state building code. The division also serves as staff to the North 
1 Carolina Building Code Council and the North Carolina Code Officials 
Qualifications Board. The division is divided into seven sections: code consul- 
tation, electrical, mechanical, modular, inspector certification, accessibility 
and code council. 

The Building Code Administration provides code interpretations to city 
and county inspection officials, architects, engineers, contractors, material 
suppliers and manufacturers, other state agencies, attorneys and the general 
public, administers certification of code officials, reviews building plans and 
inspects electrical systems in new or renovated state-owned buildings. 

The Manufactured Housing Division works to assure that construction 
standards for manufactured homes are maintained and that warranty oblig- 
ations under state law are met. The division monitors handling of consumer 
complaints by manufacturers; licenses the makers of manufactured homes 
dealers, and set-up contractors; and acts as staff for the North Carolina 
Manufactured Housing Board. 

The State Property Fire Insurance Fund division is primarily responsible 



234 North Carolina Manual 

for the operation and maintenance of the State Property Fire Insurance 
Fund. The division collects premiums from those state agencies responsible 
for payment, investigates claims, adjusts losses and pays losses with the 
approval of the Council of State. 

The Risk Management Division assists local government with property 
and casualty insurance programs, provides staff, administration, and 
research services to the Public Officers and Employees' Liability Insurance 
Commission, and is charged with making available a plan of professional lia- 
bility coverage for law enforcement officers, public officials and employees of 
any political subdivision of the state. 

The Fire and Rescue Services Division administers the Firemen's Relief 
Fund, develops and carries out training for fire departments and rescue 
squads, provides staff to Fire and Rescue Commission, and works to improve 
fire and rescue protection in the state in association with the North Carolina 
Firemen's Association and North Carolina Association of Rescue Squads. 

Seniors' Health Insurance Information Program 

The SHIIP program is designed to train older adult volunteers to counsel 
other older adults in the areas of Medicare regulations, Medicare supplement 
insurance, long-term care insurance and claims procedures. The volunteers 
go through an extensive training course designed to teach them Medicare 
and private insurance benefits and options, as well as claims procedures and 
counseling/advocacy skills. 



Boards and Commissions 

N.C. Building Code Council 

N.C. Code Officials Qualification Board 

N.C. Manufactured Housing Board 

N.C. Medical Database Commission 

N.C. Rate Bureau 

N.C. Reinsurance Facility Board of Directors 

N.C. State Fire and Rescue Commission 

N.C. Public Officers and Employees Liability Insurance Commission 

N.C. Self-Insurance Guaranty Association 

N.C. Arson Awareness Council 

N.C. Small Employer Trust Commission 



For Further Information 



(919) 733-2032 

Consumer Toll Free Number: (800) 662-7777 

Senior's Health Insurance Information Program: (800) 443-9354 



The North Carolina Executive Branch 235 



236 



North Carolina Manual 




The North Carolina Executive Branch 237 

Janies Eugene Long 

Cornniissioner of Insurance 

Early Years 

Born in Burlington, Alamance County, March 19, 1940, to George Attmore and Helen 
(Brooks) Long. 

Educational Background 

Burlington City Schools; Walter M. Williams High School, 1958; North Carolina State 
University, 1958-62; University of North Carolina-Chapel Hill, 1963, A.B.; University 
of North Carolina-Chapel Hill School of Law, 1966 J.D. 

Professional Background 

Attorney; Counsel to Speaker of N.C. House of Representatives, 1980-84; Partner, 
Long & Long, 1976-84; Chief Deputy Commissioner of Insurance, 1975-76; Partner, 
Long, Ridge, & Long, 1967-75; Associate, Long, Ridge, Harris & Walker, 1966-67; Co- 
authored Douglas Legal Forms, a four-volume reference series. 

Boards and Commissions 

Chair, N.C. Arson Awareness Council, 1985-present. Chair, N.C. Manufactured 
Housing Board, 1985-present. Member, N.C. Council of State, Firemen's Relief Fund, 
Firemen's Pension Fund Board, Law Enforcement Officers Retirement Board, N.C. 
Fire Commission, Capital Planning Commission. Chair, N.C. Property Tax 
Commission, 1981-84. 

Political Activities 

Insurance Commissioner, State Fire Marshal 1985-present, elected 1984. Member, 
N.C. House of Representatives, 1971, 72, 73 and 75; represented Alamance County 
(as did his father and grandfather). 

National Activities 

President, National Association of Insurance Commissioners (1990-91). Chair, 
Coordination Subcommittee, Internal Administration. Member, Executive 
Committee, Financial Services and Insurance Regulation, Market Conduct/Exam 
Oversight Task Force, Blanks Task Force, Data Systems Management Task Force, 
Potentially Troubled Companies Working Group, Special Insurance Issues 
Committee, International Insurance Relations Task Force, NAIC/JIR Joint 
Committee, Department Accreditation Committee. Vice President, NAIC (1989-90). 
Chair, NAIC Executive Committee, Agent Database Committee. Vice-chair, Special 
Insurance Issues, Internal Administration, Zone Coordination Subcommittee, 
International Insurance Relations Task Force, NAIC/NAAG Joint Committee. 
Member, Financial Services and Insurance Regulation, Accident and Health, Blanks 
Task Force, Casualty Actuarial Task Force, Examination Oversight Task Force, Life 
and Health Actuarial Task Force, NAIC/JIR Joint Committee. 

Organiza tions 

N.C. State Bar, 1966-present; Burlington-Alamance Chamber of Commerce, 1968-74; 
Secretary and Director, N.C. Special Olympics, 1967-75 (helped start N.C. Special 
Olympics movement). 

Personal Information 

Married, Mary Margaret O'Connell. Two children, James E. Long, Jr. and Rebecca 
(Long) McNeal; two grandchildren. Member, Church of the Good Shepherd, Raleigh. 



238 North Carolina Manual 

COMMISSIONERS OF INSURANCEi 

Name Residence Term 

James R. Young 2 Vance 1899-1921 

Stacey W. Wade 3 Carteret 1921-1927 

Daniel C. Boney 4 Surry 1927-1942 

William P. Hodges 5 Martin 1942-1949 

Waldo C. Cheek 6 Moore 1949-1953 

Charles F. Gold 7 Rutherford 1953-1962 

Edwin S. Lanier 8 Orange 1962-1973 

John R. Ingram 9 Randolph 1973-1985 

James E. Long 10 Alamance 1985-Present 

lr The General Assembly of 1899 created the Department of Insurance with provi- 
sions that the first commissioner would be elected by the current general assembly 
with future commissioners appointed by the governor for a four-year term. (Public 
Laws, 1899, Chapter 54.) Then in 1907, the General Assembly passed a bill which 
provided for the election of the commissioner in the general elections, beginning in 
1908. (Public Laws, Chapter 868). 

^oung was elected by the General Assembly on March 6, 1899. He was appoint- 
ed by Governor Aycock in 1901 and served following reappointment in 1905 until 
1908 when he was elected in the general elections. 

3 Wade was elected in the general elections in 1920 and served following reelec- 
tion in 1924 until his resignation on November 15, 1927. 

4 Boney was appointed by Governor McLean on November 15, 1927, to replace 
Wade. He was elected in the general elections in 1928 and served following subse- 
quent reelections until his death on September 7, 1942. 

5 Hodges was appointed by Governor Broughton on September 10, 1942, to 
replace Boney. He was elected in the general elections in 1944 and served following 
reelection in 1948 until his resignation in June, 1949. 

6 Cheek was appointed by Governor Scott on June 14,1949, to replace Hodges. He 
was elected in the general elections in 1950 to complete Hodges' unexpired term. He 
was elected to a full term in 1952 and served until his resignation effective October 
15, 1953. 

7 Gold was appointed by Governor Umstead on November 16, 1953, to replace 
Cheek. He was elected in the general elections in 1954 to complete Cheek's unexpired 
term. He was elected to a full term in 1956 and served following reelection in 1960 
until his death on June 28, 1962. 

8 Lanier was appointed by Governor Sanford on July 5, 1962 to replace Gold. 
Lanier was elected in the general elections in 1962 to complete Gold's unexpired 
term. He was elected to a full term in 1964 and served until he declined to run for 
reelection in 1972. 

9 Ingram was elected in 1972 and served until 1984 when he ran for another 
office. 

10 Long was elected in 1984 and was reelected in 1988 and 1992. 



The North Carolina Executive Branch 239 



DEPARTMENT OF ADMINISTRATION 



The state Department of Persons with Disabilities, the N.C. 

Administration is often Human Relations Commission, the 

referred to as the "business N.C. Commission of Indian Affairs, 

manager" of state government, the Youth Advocacy and Involvement 

Created in 1957, it provides numer- Office, and the N.C. Council for 

ous services for state government Women. These programs have an 

agencies. In addition to its role as appointed council and a state staff, 

services provider, the department is which advocate for persons with dis- 

host to several councils and commis- abilities, minorities, youth and 

sions which advocate for the special women. 

needs of North Carolina's citizens. The North Carolina Department 
As the state's business manager, of Administration was reestablished 
the department oversees such opera- by the Executive Organization Act of 
tions as building construction, pur- 1971, to bring more efficient and 
chasing and contracting for goods effective management to state gov- 
and services, maintaining facilities, ernment. Prior to its enactment, over 
managing state vehicles, policing the 300 agencies reported directly to the 
State Government Complex, acquir- governor. Recognizing the difficulty 
ing and disposing of real property, of providing good management under 
and operating auxiliary services such those conditions, the department was 
as courier mail delivery and the sale recreated after successful passage 
of state and federal surplus property, and implementation of the reorgani- 
The department offers still other ser- zation bill. Under the provisions of 
vices, including public service tele- the bill, the duties of the department 
casts provided by the Agency for were defined as "to serve as a staff 
Public Telecommunications. The agency to the governor and to pro- 
department assists veterans through vide for such ancillary services as 
the Division of Veterans Affairs. other departments of state govern- 
There are several programs ment might need to ensure efficient 
that advocate for the special needs and effective operations." 
of citizens of North Carolina that The North Carolina Department 
are included in the Administration of Administration has adopted the 
Department. They include the following mission statement to best 
Governor's Advocacy Council for reflect its purpose and goals. 

The North Carolina Department of Administration provides lead- 
ership for effective management, efficient and economical operations, 
and the fair and equitable conduct of state government business. 

The department provides for the delivery of administrative and 
auxiliary services to state government agencies to assist their efforts to 
render services to the public. 

The department provides support for advocacy groups on behalf of 
the special needs of citizens in the state. 



240 North Carolina Manual 

The Department of Administration strives to serve as a role model for all 
of state government, working to ensure that taxpayers' dollars are used wise- 
ly and that good management is pervasive. Some activities designed to 
improve management and increase productivity in the department and 
throughout state agencies include the State Employee Suggestion System 
which awards employees a percentage of money saved through their sugges- 
tions. The Personnel and Staff Development Office in the department offers 
training to top-level managers in skills needed to operate efficient and effec- 
tive government. 

Office of the Secretary 

The department is led by the Secretary of Administration, an appointee 
of the governor. There are several officers who report directly to the secre- 
tary, including the Deputy Secretary for Programs, the General Counsel, the 
Assistant Secretary and the Public Information Officer. An organizational 
chart is shown on the following page. 

Agency for Public Telecommunications 

The Agency for Public Telecommunications operates public telecommuni- 
cations facilities and provides state agencies with communications services 
that enhance public participation in government. The agency operates a 
television and radio production studio that offers media production, telecon- 
ferencing, and public service telecasts, such as OPEN/net. Programs are 
transmitted via cable, satellite and other communications technologies. 

Division of Veterans Affairs 

The Division of Veterans Affairs assists veterans, their dependents and 
the dependents of deceased veterans in obtaining and maintaining those 
rights and benefits to which they are entitled by law. 

Office of Fiscal Management 

The Office of Fiscal Management accounts for all fiscal activity of the 
department in conformity with requirements of the Office of State Budget 
and Management, the Office of State Controller, the Department of State 
Auditor and federal funding agencies. It files timely financial reports, invoic- 
es user agencies for central services, and recommends and administers fiscal 
policy within the department. 

Personnel and Staff Development Office 

The Personnel and Staff Development Office provides a range of services 
for the department, the Office of Lieutenant Governor, the Low-Level 
Radioactive Waste Management Authority, and the Board of Science and 
Technology. These services encompass all major areas of public personnel j 
administration in accordance with the requirements of the State Personnel > 



The North Carolina Executive Branch 241 

Act. The personnel division is responsible for employee selection and recruit- 
ment, position management, training and development, employee and man- 
agement relations, and health benefits administration. 

Public Information Office 

The Public Information Office helps the department to enhance its com- 
munications with the people of the state and other governmental agencies. 
Responsibilities include assistance with public inquiries, media relations, 
news releases, publications, graphics, editing, publicity, speech writing and 
counseling the secretary's executive staff, division directors and employees 
on the best way to communicate to the public. 

State and Local Government Affairs Division 

The State and Local Government Affairs Division works with local gov- 
ernments and their regional organizations. The division manages the 
Appalachian Regional Commission grant program, coordinates project 
reviews required by the state and national Environmental Protection Acts, 
and operates a project notification, review and comment system to provide 
information to state and local agencies and the public about projects support- 
ed with public funds. 



Government Operations 



Auxiliary Services Division 

Courier Service. A receipt-supported operation, Courier Service pro- 
vides delivery of government mail to state offices in 96 counties in North 
Carolina. 

Federal Surplus Property. Federal Surplus Property acquires and 
donates available federal surplus property to eligible state recipients — gov- 
ernment agencies, non-profit educational institutions and public health facil- 
ities. Operation costs are funded by receipts from sales. 

State Surplus Property. State Surplus Property sells supplies, materi- 
als and equipment owned by the state that is considered to be surplus, obso- 
lete or unused. 

Facility Management Division 

The Facility Management Division provides preventive maintenance and 
'epair services to the State Government Complex and some facilities used by 
government workers in outlying areas. Services include construction; reno- 
vation; housekeeping; landscaping; steam plant, HVAC and elevator mainte- 
Lance; pest control; parking supervision; and lock shop operations. 



242 North Carolina Manual 

Management Information Systems Division 

The Management Information Systems Division provides a central 
resource of management consulting services with emphasis on improving 
operations, reducing costs, and improving service delivery for all divisions in 
the department. This office develops integrated data processing plans, and 
provides implementation guidance, consultation and assistance to the 
department. 

Motor Fleet Management Division 

The Motor Fleet Management Division provides passenger vehicles to 
state agencies for employees in the performance of their duties. The division 
is a receipt-supported operation that purchases, maintains, assigns and man- 
ages the state's centralized fleet of approximately 5,500 vehicles. The divi- 
sion enforces state policy and regulations concerning the use of the vehicles. 

Purchase and Contract Division 

The Division of Purchase and Contract serves as the central purchasing 
authority for state government and certain other entities. Contracts are 
established for the purchase, lease and lease-purchase of the goods and ser- 
vices required by state agencies, institutions, public school districts, commu- 
nity colleges and the university system, totaling $1.2 billion annually. In 
addition, local governments, charitable non-profit hospitals, local non-profit 
community sheltered workshops, certain child placement agencies or resi- 
dential child care facilities, volunteer non-profit fire departments and rescue 
squads may use the services of the Division of Purchase and Contract. 

State Capitol Police 

The State Capitol Police, a law enforcement agency, with police powers 
throughout Raleigh, provides security and property protection for state gov- 
ernment facilities in the city. The agency protects employees, secures state- j 
owned property, assists visitors to state facilities, investigates crimes com- 
mitted on state property, and monitors burglar and fire alarms. 

State Construction Office 

The State Construction Office is responsible for the administration of 
planning, design and construction of all state facilities, including the univer- 
sity and community college systems. It also provides the architectural and 
engineering services necessary to carry out the capital improvement program . 
for all state institutions and agencies. 

State Property Office 

The State Property Office is responsible for state government's acquisi- 
tion and disposition of all interest in real property whether by purchase, sale, ; 
exercise of power of eminent domain, lease or rental. The office maintains a 



The North Carolina Executive Branch 243 

computerized inventory of land and buildings owned or leased by the state. 
The division prepares and maintains floor plans for state buildings. 

Programs 



Governor's Advocacy Council for Persons with Disabilities 

The Governor's Advocacy Council for Persons with Disabilities pursues 
appropriate remedies, including legal ones, on behalf of disabled citizens who 
feel they have been discriminated against. The council also offers technical 
assistance regarding disability issues, provides information on accessing 
Social Security disability benefits, promotes employment opportunities for 
disabled persons, and reviews policies and legislation relating to persons 
with disabilities. 

North Carolina Council for Women 

The North Carolina Council for Women advises the governor, the 
General Assembly and other state departments on the special needs of 
women in North Carolina. The council works cooperatively with local wom- 
en's organizations, develops innovative projects and policy initiatives, and 
conducts workshops and training to address women's needs. The council 
administers state and federal funds to local non-profit groups serving sexual 
assault and domestic violence victims. Staff at its Raleigh headquarters and 
five regional offices provide technical assistance to individuals and 
public/private agencies. 

North Carolina Commission of Indian Affairs 

The Commission of Indian Affairs advocates the rights of Indian citizens, 
j bringing local, state and federal resources into focus for the implementation 
lor continuation of meaningful programs for Indian citizens of North 
Carolina. The commission provides aid and protection for Indians, assists 
Indian communities in social and economic development, promotes unity 
among all Indians and encourages the right of Indians to pursue cultural and 
religious traditions considered to be sacred and meaningful. 

North Carolina Human Relations Commission 

The Human Relations Commission provides services and programs 
aimed at improving relationships among all citizens of the state, while seek- 
ing to ensure equal opportunities in the areas of employment, housing, public 
accommodation, recreation, education, justice and governmental services. 
The commission also enforces the North Carolina Fair Housing Law. 

Youth Advocacy and Involvement Office 

The Youth Advocacy and Involvement Office seeks to tap the productivity 
af the youth of North Carolina through their participation in community 



244 North Carolina Manual 

services and the development of youth leadership capabilities. Experiential 
education opportunities are provided to young adults through an internship 
program. The office provides case advocacy to individuals in need of services 
for children and youth in the state and makes recommendations to the governor, 
the General Assembly and other policy-making groups. 

Boards and Commissions 

Americans with Disabilities/504 Steering Committee 

Board of Public Telecommunications Commissioners 

Board of Trustees of the N.C. Public Employee Deferred Compensation 

Governor's Advocacy Council for Persons with Disabilities 

Governor's Advocacy Council on Children and Youth 

Governor's Inter- Agency Advisory Team on Alcohol and Other Drugs 

Governor's Jobs for Veterans Committee 

Information Resource Management Commission 

Local Government Advocacy Council 

N.C. Advisory Council on Telecommunications in Education 

N.C. Alcoholism Research Authority 

N.C. Board of Science and Technology 

N.C. Capital Planning Commission 

N.C. Council on the Eastern Band of the Cherokee 

N.C. Council on Ocean Affairs 

N.C. Council for Women 

N.C. Courts Commission 

N.C. Energy Development Authority 

N.C. Farmworkers' Council 

N.C. Fund for Children and Families Commission 

N.C. Human Relations Commission 

N.C. Indian Affairs Commission 

N.C. Internship Council 

N.C. Low-Level Radioactive Waste Management Authority 

N.C. Martin Luther King Jr. Commission 

N.C. State Indian Housing Authority 

Persian Gulf War Memorial Commission 

Public Radio Advisory Committee 

State Building Commission 

State Goals and Policy Board 

State Youth Advisory Council 

Task Force on Racial, Religious and Ethnic Violence and Intimidation 

Veterans' Affairs Commission 

Veterans' Affairs Advisory Commission 

For Further Information 
(919) 733-7232 






The North Carolina Executive Branch 



245 



w 




Secretary of 

Administration 

Katie G. Dorsett 



Jb- 



Deputu Secretary 



a 



Government 
Operations 

Steve Metcalf 



State Property 



4 



Auxiliary Services 

Jack Barnes 

Facility Management 

S. Tony Jordan 

Management 
Information Systems 

Marvin Scarboro 

Motor Fleet 
Management 

Purchase and Contract 



f r 



John Leaston 

State Capitol Police 

Mike Chapin 

State Construction 

Spews Fleggas 

State and Local 
Government Affairs 

Sara Stuckey 



4 



fc- 




A gency for Public 
Telecommunications 

Leila Tvedt 

Assistant Secretary 

Lisa Piercy 

Assistant Secretary of 
Veterans Affairs 

Charles Smith 

Fiscal Management 

Jimmy Morris 

General Counsel 

David McCoy 

Personnel and Staff 
Development 

Linda Coleman 

Public Information 

Priscilla Smith 



Deputy Secretary of 



Programs 

Sampson Buie 



m 



4 



Commission of Indian 
Affairs 

Bruce Jones 

Council for Women 

Juanita Bryant 

Governor's Advocacy 

Council for Persons with 

Disabilities 

Cindy Crouse-Martin 

Human Relations 

William Barber 

Youth Advocacy and 
Involvement Office 

Vida Mays 



2* 



Note: The Department of Administration provides budgetary 
and /or personnel administrative services to the following divisions: 
Board of Science and Technology, Lieutenant Governor, Low-Level 
Radioactive Waste Management Authority, N.C. Board of Ethics, Office 
of State Personnel, and the State Health Plan Purchasing Alliance Board. 



246 



North Carolina Manual 




Katie G. Dorset! 

Secretary of Administration 

Early Years 

Born in Shaw, Mississippi, July 8, 1932, to 
Willie and Elizabeth Grays. 

Educational Background 

Southern Christian Institute, 1949; Alcorn 
State University, 1953, BS (Business); 
Indiana University, 1955, MS (Business 
Education); University of North Carolina at 
Greensboro, 1975, Ed.D. (Curriculum and 
Instruction). 

Professional Background 

Secretary of the N.C. Department of Administration, 1992-present; Guilford County 
Board of Commissioners, Member, 1986-92; Greensboro City Council Member, 1983- 
86; Associate Professor, School of Business and Economics, N.C. A&T State 
University, 1955-87; Business Teacher, 1953-54, Coahoma Junior College. 

Organizations 

Board of Trustees for Guilford Technical Community College; Board of Directors of 
National Association of Counties; N.C. Association of County Commissioners; 
Greensboro Tourism Authority; Guilford County Board of Health; Greensboro 
National Bank; Member, National Association of Counties; Health Steering 
Committee; Member, League of Women Voters; Life Member, NAACP. 

Boards and Commissions 

Chair, N.C. Public Employees Deferred Compensation Plan; Secretary, Information 
Resource Management Commission; Ex Officio Member, N.C. Commission on Indian 
Affairs; Ex-Officio Member, Internship Council; Ex Officio Member, Board of Public 
Telecommunications; Member, N.C. Fund for Children and Families Commission; 
Member, N.C. Capital Planning Commission; Member, N.C. Advisory Council on the 
Eastern Band of the Cherokees; Chair, N.C. Advisory Council on Telecommunications j 
in Education. 

Political Activities 

Secretary of the N.C. Department of Administration, 1992-present; Member, i 
Democratic Party. 

Personal Information 

Married, Warren Dorsett. Children: Valerie, Warren Jr., deceased. 



The North Carolina Executive Branch 247 



DEPARTMENT OF ADMINISTRATION 
SECRETARIES 

Name Residence Term 

Paul A. Johnston 1 Orange 1957-1960 

David S. Coltrane 2 Wake 1960-1961 

Hugh Cannon Wake 1961-1965 

Edward L. Rankin, Jr. 3 Wake 1965-1967 

Wayne A. Corpening 4 Forsyth 1967-1969 

William L. Turner Wake 1969-1973 

William L. Bondurant 5 Forsyth 1973-1974 

Bruce A. Lentz 6 Wake 1974-1977 

Joseph W Grimsley Wake 1977-1979 

Jane S. Patterson (acting) 7 Wake 1979-1980 

Joseph W. Grimsley 8 Wake 1980-1981 

Jane S. Patterson 9 Wake 1981-1985 

Grace J. Rohrer 10 Orange 1985-1987 

James S. Lofton* i Wake 1987-1993 

Katie G. Dorsett Guilford 1993-Present 

Johnston was appointed by Governor Hodges and served until his resignation 
effective August 31, 1960. 

2 Coltrane was appointed by Governor Hodges to replace Johnston. He was reap- 
pointed by Governor Sanford on January 6, 1961 and served until November, 1961 
when he was appointed chair of the Advisory Budget Commission. 

3 Rankin was appointed by Governor Moore to replace Coltrane and served until 
his resignation effective September 30, 1967. 

4 Corpening was appointed by Governor Moore to replace Rankin and served until 
the end of the Moore Administration. Press Release, September 14, 1967, Moore 
Papers, Appointments, 1965-1968. 

5 Bondurant was appointed on January 5, 1973, by Governor Holshouser to 
replace Turner and resigned effective June 21, 1974. 

6 Lentz was appointed by Governor Holshouser to replace Bondurant. Copy of 
Commission to Lentz, July 1, 1974, Division of Publications, Department of the 
Secretary of State, Raleigh. 

7 Patterson served as acting departmental secretary when Grimsley took a leave 
of absence to serve as campaign manager of Governor Hunt. 

8 Grimsley resigned effective August 1, 1981, following his appointment as secretary 
for the Department of Natural Resources and Community Development. 

9 Patterson was appointed by Governor Hunt to replace Grimsley. 

10 Rohrer was appointed by Governor Martin. Lofton was appointed by Governor 
Martin. 



248 North Carolina Manual 



THE DEPARTMENT OF CORRECTION 



The Department of Correction is of responsibilities and functions 
responsible for the care, cus- occurred. In 1975, the Division of 
tody, and supervision of all Youth Development was transferred 
individuals sentenced after the con- administratively to the Department 
viction of a felony or serious misde- of Human Resources, leaving the 
meanor in North Carolina. Sentences Department of Correction its current 
may vary from probationary terms administrative configuration, 
served in the community to active The history of corrections in 
prison sentences served in one of the North Carolina reflects the contin- 
ninety-plus prison facilities. The ued development and refining of the 
General Statutes direct the depart- prison, probation and parole seg- 
ment to provide adequate custodial ments of the department, 
care, educational opportunities, and The Division of Prisons was orga- 
medical and psychological treatment nized in the late 1860's-early 1870's 
services to all incarcerated persons with the opening of a large prison 
while at the same time providing farm in Wake County and the con- 
community-based supervision and struction of Central Prison in 
some needed social services to clients Raleigh. This reorganization was a 
on probation or after parole. result of the "Reconstruction" of the 
The department was established Constitution of North Carolina which 
in 1972 by authority of the Executive was accepted by the United States 
Reorganization Act of 1971 as the Congress in 1868. In 1899, Caledonia 
Department of Social Rehabilitation Prison Farm was purchased from 
and Control. The Act provided for the Halifax County. This arrangement 
joining of the Parole Commission, continued until 1933 when the 
the Advisory Board of Correction, General Assembly transferred super- 
and the department made up of the vision of the three state prisons and 
Divisions of Prisons, Adult Probation the various county prisons to the 
and Parole and Youth Development, supervision of the State Highway 
The secretary of the department is and Public Works Commission. This 
appointed by the Governor and merger of the highway and prison 
serves at his pleasure. The secretary systems was motivated by the steadi- ' 
is responsible for the supervision and ly worsening economic and social 
administration of all department conditions caused by the Depression, 
functions except that the Parole Under this arrangement, prisons 
Commission has the sole authority to were supported by appropriations 
release incarcerated offenders prior from the Highway Fund while pris- 
to the expiration of their sentence. oners were extensively employed on 

In July, 1974, the department road work, 
was renamed the Department of The Division of Prisons remained ■< 

Correction, the Parole Commission under total administrative control of; 

was expanded from three to five the Highway and Public Works 

members, and further consolidation Commission until 1955 when the 



The North Carolina Executive Branch 249 

director of prisons was granted the tion supervision caseload, but by 
ability to set divisional rules, regula- mid-1974 they were carrying parole 
tions and policies to include the hir- caseloads as well. Currently, proba- 
ing, promotion, and dismissal of tion and parole officers assigned to 
employees. At the same time, the field services (probation) carry pro- 
General Assembly formed the Prison bation caseloads primarily but also 
Reorganization Commission to study supervise cases that are dual (on 
the relationship between prisons both probation and parole simultane- 
and the highway system. The ously). 

Commission recommended that a Parole began as a system of par- 
separate prison department be dons and commutations granted by 
formed and legislation was enacted the Governor in the original 
forming the Prison Department in Constitution of North Carolina in 
1957. 1776. This system was maintained in 

Also in 1957, landmark legisla- the Reconstruction Constitution of 

tion was enacted authorizing a 1868. In 1919, the General Assembly 

statewide system of work release, established an Advisory Board of 

North Carolina thus became the first Paroles which made recommendations 

state prison system to allow inmates to the Governor. This board was 

to work at private employment dur- reduced to the Commissioner of 

ing the day, returning to confine- Pardons in 1925, the Officer of 

ment in the evening. Today, North Executive Counsel in 1929, and the 

Carolina has the nation's largest Commissioner of Paroles in 1935. It 

work release population with approx- was "this 1935 legislation that creat- 

imately 1,000 individuals employed. ed the position of parole officers 

The Prison Department under the supervision of the commis- 

remained a separate entity under the sioner. 

Prison Commission until the The 1953 session of the General 

Department of Social Rehabilitation Assembly abolished the Office of 

and Control was formed in 1972. Commissioner and established the 

Probation was first initiated in Board of Paroles consisting of three 

the United States in 1878 in members. At the same time a consti- 

Massachusetts. In 1919, North tutional amendment was approved in 

Carolina enacted its first probation the 1954 general election to give the 

laws but limited probation to first board full authority to grant, revoke 

offender female prostitutes and cer- or terminate paroles, 

tain juveniles under the supervision The 1974 General Assembly 

of female officers. In 1937, legisla- enlarged the board members to five 

tion was enacted forming the full-time members and transferred 

Probation Commission to supervise a administration and supervision of 

statewide network of male and parole officers to the Division of 

female offenders reporting to proba- Adult Probation and Parole. Pre- 

tion officers. In 1972, the commis- Release and Aftercare Centers 

sion was disbanded when the (PRAC) were formed in 1974. This 

Division of Adult Probation and program began with 90 day paroles 

Parole was formed within the newly and a pre-release training program 

created department. At first, proba- to assist inmates with transitional 

tion officers retained a strictly proba- adjustment services just prior to 



250 



North Carolina Manual 



release on parole. Today with the 
exception of dual cases (persons on 
both probation and parole), Parole 
Services (previously Pre-Release and 
Aftercare) handles the investigation 
and supervision for all paroles gener- 
ated by the North Carolina Parole 
Commission. 

The General Statutes establishing 
the Department of Correction direct 
the secretary to provide for the general 



safety of North Carolina's citizens by 
operating and maintaining prisons, 
supervising probationers and 
parolees, and providing certain reha- 
bilitative and educational programs to 
individuals supervised by the depart- 
ment. The department is divided into 
three major administrative sections: 
the Office of the Secretary, the 
Divisions of Prisons, and the Division 
of Adult Probation and Parole. 



Office of the Secretary 

The secretary of the Department of Correction is appointed by the 
Governor and serves at his pleasure. The secretary and his immediate 
administrative staff are responsible for the major planning, fiscal, personnel 
and records keeping functions of the department. 

Planning: The planning functions include policy development, federal 
grant development and administration, liaison with the General Assembly, 
commissions and councils of government, and other state agencies. 

Grants: The Grants Section provides for the budgeting and manage- 
ment of grants administered by the department. This section works directly 
with grant staff to insure administration, evaluation and continuity for each 
grant, as well as providing fiscal administration and accounting services. 

Fiscal Operations: The fiscal section includes budget development and 
administration, regular and grant accounting, work release and Inmate 
Trust Fund accounting, and internal auditing procedures. 

Personnel: The Personnel section is responsible for normal personnel 
functions including payroll, maintenance of employee records, and other mat- 
ters associated with personnel management. It also includes the develop- 
ment of staff positions, the posting of position vacancies, and the actual hir- 
ing of new staff. 

Staff Development and Training. This section administers and pro- 
vides basic training and certification for all new staff, advanced training in 
particular skill areas, and in-service training where needed for recertification 
or continuing education. 

Management Information and Research. The orderly maintenance of 
inmate records, including conviction data, sentence information and individ- 
ual inmate/probationer/parolee data, is the responsibility of the Management 1 
Information and Research Section. The section through its computerized 
Management Information and Data Retrieval System provides all individual 
and group statistics necessary for planning and for inmate record management.; 



The North Carolina Executive Branch 251 

Inmate Grievance Commission 

The Inmate Grievance Commission advises the Secretary concerning the 
varied and many complaints and grievances filed by inmates. The finding of 
the commission may be affirmed in whole or in part, modified or rejected by 
the secretary as necessary. 

Parole Commission 

The secretary is an ex-officio member of the Parole Commission. The 
Commission is charged by the State Constitution and General Statutes with 
the responsibility for deciding which inmates may be released from prison at 
some date prior to the expiration of their sentence to the supervision of the 
Division of Adult Probation and Parole. The commission also advises the 
Governor concerning potential commutations and/or pardons. 

Division of Prisons 

The Division of Prisons is charged with the direct care and supervision of 
inmates. Currently, the division operates 91 prison institutions and units, 
treatment facilities for women, and has other institutions under construc- 
tion. 

The division receives felons and misdemeanants sentenced by the court 
to a period of active incarceration. Sentences range from a minimum of six 
months for certain misdemeanors to life imprisonment for serious crimes 
such as murder or arson. Classification within the system depends upon the 

; seriousness of the crime, the willingness of the inmate to obey rules and reg- 

; ulations, and the perceived potential for escape. 

Maximum custody prisoners have demonstrated through their behavior 
that they are a clear and present danger to society and other inmates. 
Privileges are limited and security precautions are strict and very controlled. 



Close custody inmates need extra security but do not need the more 
stringent security of maximum custody. Basic education, counseling and 
work programs are available to inmates in close custody. 

Medium custody units have all programs and activities operating with- 
in the unit under the supervision of armed personnel, except for certain work 
assignments. Programs available to inmates include academic and vocational 
education, drug and alcohol abuse treatment, psychological and other coun- 
seling programs, and varied work assignments. 

Minimum custody units provide a wide variety of programs for inmates 
ranging from on-site academic and vocational schools to off-site work or 
study release. Minimum custody inmates are misdemeanants and those 
selected felons that have either little time remaining on their sentence or 
who have been determined not to present a high security or escape risk. 
These units do not have manned gun towers or other security devices. 



252 North Carolina Manual 

Several of the Advancement Centers do not have fences. Inmates are allowed 
to work in the community for the prevailing wage. They help their families 
by sending money home, pay taxes and otherwise lessen the financial burden 
of incarceration. 

Programs at Minimum Custody Units. Study release inmates attend 
classes on the campus of selected universities, colleges, or community/ tech- 
nical colleges. Minimum custody inmates are also allowed to participate in 
the Community Volunteer and Home Leave programs. Screened and selected 
volunteers are allowed to sponsor inmates for 3-hour passes to attend 
approved community programs such as religious meetings, Alcoholics 
Anonymous and drug treatment sessions. The Home Leave program allows 
specially screened and approved inmates to visit their families for periods of 
time up to 48 hours. The purpose of this program is to allow inmates prior to 
release to rebuild family ties and to plan for the future. Normally this pro- 
gram is limited to Work/Study Release inmates who are within one year of 
release or parole eligibility. 

The Division of Prisons also operates several specialized programs within 
the various institutions. An extension program for mentally retarded youth 
between the ages of 18-20 is operated at Cameron Morrison Youth 
Institution. Using funds from the Council on Developmental Disabilities, this 
program provides case management, pre and post release services, and direct 
counseling to this specialized population. 

Another program offered at the various youth offender prisons is a wide 
range of special education services for those youth defined as exceptional. 
Significant advances have been made in the provision of educational services 
for emotionally disturbed, mentally retarded, medically handicapped, deaf 
and those youthful inmates with specific learning disabilities. This education 
program making use of state and federal resources is one of the few prison 
programs in the country attempting to provide full and appropriate educa- 
tional services to incarcerated youth. 

A wide range of vocational education programs are offered to the adult 
prisoners. Using a combination of resources, including various CETA pro- 
grams, the Department of Correction, in conjunction with the Department of 
Community Colleges, offers welding, carpentry, brick masonry, auto mechan- 
ics, and other programs designed to permit incarcerated individuals to gain 
and hold steady employment after release. 

Division of Adult Probation and Parole 

The Division of Adult Probation and Parole is responsible for the commu- 
nity supervision of 103,000 parolees and probationers. Most of these individ- 
uals have been sentenced by the court to probated sentences and are super- 
vised by divisional officers who offer counseling and job development ser 
vices. Pretrial and pre-sentenced services are also offered at the request o: 
the court when further information is needed prior to sentence disposition. 

The division is also responsible for supervising those individuals releasee 
from prison by the Parole Commission. Divisiona 1 officers are responsible foi 



The North Carolina Executive Branch 253 

supplying information to the commission regarding home and job place- 
ments, specialized programming if needed, and any other community orient- 
ed services that a potential parolee may need and from which he or she 
might benefit. 

The Mutual Agreement Parole Program involves a binding contractual 
agreement between the inmate, the two Divisions and the Parole 
Commission. The agreement oriented about a specified release date, allows 
the inmate to participate in long-range vocational training knowing that 
he/she will be released on a given date. The inmate agrees to participate in 
the training, agrees to an infraction/escape free record and agrees to partici- 
pate in any other Parole Commission-suggested rehabilitative program such 
as alcohol abuse treatment. In return, the Division of Prisons agrees to offer 
the necessary vocational training and specialized programming and the 
Parole Commission agrees to release the inmate on the requested date. This 
contractual period, often 12 to 18 months, allows all parties to make specific 
plans while allowing the inmate to learn a solid, marketable vocation tied to 
a specific release date. Release planning is made more specific, allowing the 
Parole Commission and Division of Adult Probation and Parole to offer more 
specialized pre-release programming to the selected MAP program participants. 

Boards and Commissions 

Board of Correction 

Grievance Resolution Board 

Parole Commission 

Substance Abuse Advisory Council 

Advisory Committee on Religious Ministry in Prisons 

For Further Information 

(919) 733-4926 



254 



North Carolina Manual 




Fr anklin Edward Freeman, jr. 
Secretary of Correction 

Early Years 

Born in Dobson, Surry, County, May 5, 
1945, to Franklin E. and Clara E. (Smith) 
Freeman. 

Educational Background 

Graduated, Surry Central High School, 
Dobson, 1963; UNC-Chapel Hill, 1967, B.A.; 
UNC-Chapel Hill, School of Law, 1970, J.D. 

Professional Background 

Secretary of Correction, 1981-present; 
Administrative Officer of the Courts, 1981- 
present; District Attorney, 17th Judicial 
District, 1979-81; Assistant Director, Administrative Office of the Courts of 
Administrative Assistant to Chief Justices William Bobbitt and Susie Sharp, 1973-78; 
Executive Secretary to the Judicial Council, 1973-78; Assistant District Attorney, 
17th Judicial District, 1971-73; Research Assistant, Associate Justice Dan K. Moore, 
1970-71. 

Orga n iza tions 

Surry County and Rockingham County Bar Associations; 10th and 17th District Bars; 
N.C. State Bar; Delta Upsilon Fraternity; Conference of State Court Administrators, 
Board of Directors. 

Honors and A wards 

Service awards from Conference of Superior Court Judges, Conference of District 
Court Judges, N.C. Clerks of Superior Court Association, and N.C. Magistrates 
Association; Tar Heel of the Week, 1981; Order of the Golden Fleece; President of 
Student Bar Association, UNC, 1969-70. 

Personal Information 

Married, Katherine Lynn Lloyd, August, 1978. Children: Margaret Elizabeth, Nancy 
Lorrin, Katherine Ann, Franklin Edward, III, Alexander Lloyd, and Mary Claire, i 
Member, Main Street United Methodist Church, Reidsville; Chair, Administrative 
Board, 1981; Chair, Every Member Canvas, 1980; Sunday School Teacher, 1972-81. 



The North Carolina Executive Branch 255 



DEPARTMENT OF CORRECTION* 



SECRETARIES 



Name Residence Term 

George W. Randall 2 Wake 1972 

Ralph D. Edwards 3 Wake 1972-1973 

David L. Jones 4 Cumberland 1973-1977 

Amos E. Reed 5 Wake 1977-1981 

James C. Woodard 6 Johnston 1981-1985 

Aaron J. Johnson 7 Cumberland 1985-1992 

V.Lee Bounds 8 1992-1993 

Franklin E. Freeman, Jr Wake 1993-Present 

!The Executive Organization Act of 1971 created the "Department of Social 
Rehabilitation and Control" with provision for a "Secretary" appointed by the gover- 
nor. In 1974 the name was changed to the Department of Correction. 

2 Randall was appointed by Governor Scott and served until his death on 
December 4, 1972. 

3 Edwards was appointed by Governor Scott to replace Randall. 

4 Jones was appointed on January 5, 1973, by Governor Holshouser to replace 
Edwards. 

5 Reed was appointed on January 17, 1977 by Governor Hunt to replace Jones. 

6 Woodard was appointed January 12, 1981, to replace Reed. 

7 Johnson was appointed on January 7, 1985 by Governor Martin to replace 
Woodard. 

8 Bounds was appointed on March 2, 1992 by Governor Martin to replace 
Johnson. 



256 North Carolina Manual 

DEPARTMENT OF CRIME CONTROL AND 

PUBLIC SAFETY 



The 1977 General Assembly criminal justice system. In addition, 
passed legislation to restructure the department coordinates state 
and rename the Department of response to any emergency when the 
Military and Veterans Affairs as the emergency requires the response of 
Department of Crime Control and more than one sub-unit of state gov- 
Public Safety. ernment. In 1980, the department 
The department was created was given the authority to direct the 
April 1, 1977, by transferring law allocation of any or all available 
enforcement and public safety agen- state resources from any state ; 
cies from the Department of Military agency to respond to an emergency, 
and Veterans Affairs, the State The department is made up of j 
Department of Transportation, the the Office of the Secretary, four corn- 
Department of Commerce and the missions (the Governor's Crime 
Department of Natural Resources Commission, the Governor's Advisory 
and Community Development. Commission on Military Affairs, the 
The duties of the department are State Emergency Response Commiss- 
to provide law enforcement and ion and the Crime Victims Compen- j 
emergency services to protect against sation Commission) and nine divi- 
crime and against natural and man- sions: Alcohol Law Enforcement, 
made disasters, to serve as the Butner Public Safety, Civil Air 
state's chief coordinating agency to Patrol, Crime Prevention, Emergency 
control crime and protect the public, Management, Governor's Crime 
to assist local law enforcement and Commission, N.C. National Guard, 
public safety agencies and to work State Highway Patrol and Victim 
for a more effective and efficient and Justice Services. 



Alcohol Law Enforcement Division 

As a result of legislation in 1977, the Enforcement Division of the State 
Board of Alcoholic Beverage Control was transferred from the Department of 
Commerce to the newly formed Department of Crime Control and Public; 
Safety. The primary responsibility of the Alcohol Law Enforcement Division! 
is to enforce the Alcoholic Beverage Control laws of the state. 

Agents provide licensed outlets with the latest information on ABC lawSj 
and regulations, inspect premises and examine books and records. They pre- 
pare criminal and regulatory cases, present evidence in court and adminis- 
trative hearings, conduct permit applicant investigations, execute ABC 
Commission orders, and conduct undercover investigations. Agents are 
sworn peace officers and have the authority to arrest and take other invest! 
gatory and enforcement actions for any criminal offense. 






The North Carolina Executive Branch 257 

Public education is also an important part of the job of an Alcoholic Law 
Enforcement agent. Agents routinely conduct seminars regarding the irre- 
sponsible service of alcohol, present classes to youth groups and civic organi- 
zations, and teach ABC laws at local and state law enforcement schools. 

New agents are trained during a 20-week ALE Basic School which was 
designed and certified specifically for ALE agents. This training includes 
physical conditioning and defensive tactics, instruction in constitutional and 
criminal laws, court procedures, search and seizure, criminal investigation, 
alcoholic beverage control laws, firearms and vehicle operations. 

The division is commanded by a director, headquarters' staff, field super- 
visors and their assistants. For administrative purposes, the field organiza- 
tion is divided into twelve districts, each with a headquarters' office readily 
accessible to the public. 

Butner Public Safety Division 

The Butner Public Safety Division traces its roots back to the Camp 
Butner Fire Department set up in 1942 when Camp Butner was established 
as a U.S. Army Training Camp. In 1947, John Umstead, brother of Governor 
William B. Umstead, led a move in the General Assembly to build a new 
facility for the mentally ill, and Camp Butner was purchased from the gov- 
ernment for $1 as the site for this complex. 

The Camp Butner Fire Department became part of the John Umstead 
Hospital in the Department of Human Resources. The staff consisted of 18 
men. As the Butner complex and the community grew, the staff was trained 
as fire fighters and policemen; and the department became known as the 
Public Safety Department. The department was transferred to the 
Department of Crime Control and Public Safety in 1981, and its name was 
changed to the Butner Public Safety Division. 

Butner Public Safety Officers provide police and fire protection for the 
state hospitals at Butner; other state facilities there, including the 4,600-acre 
National Guard Training Range; the Butner Federal Correctional Facility 
and the residential, business and industrial community of Butner. In keep- 
ing with the growth and development of the town of Butner, facilities for the 
Butner Public Safety Division were expanded. On January 29, 1985, the new 
15,000 square-foot Butner Public Safety Division building was dedicated by 
Governor Martin. 

The division is commanded by a public safety director, chief of fire ser- 
vices and chief of police services. The four platoons are commanded by cap- 
tains, with master fire officers and master police officers as support staff. 
Including the investigative, support, communications and logistics sections, 
Butner's total force is 44. 

The duties of these officers are unique. One hour, they may be called on 
to fight a raging fire; and the next hour, these same officers may be called on 
to capture a bank robber. 



258 North Carolina Manual 

Civil Air Patrol Division 

The Civil Air Patrol (CAP) was established nationally on December 1, 
1941 as an auxiliary of the United States Army Air Corps. It was a part of 
the Civil Defense structure and shortly thereafter became involved in the 
war effort. In 1948, Congress made the Civil Air Patrol an official auxiliary of 
the United States Air Force. 

The North Carolina Wing of the Civil Patrol became a state agency in 
1953, and it was transferred to the Department of Military and Veterans 
Affairs in 1971. In 1977, it was transferred from the Department of Military 
and Veterans Affairs to the newly formed Department of Crime Control and 
Public Safety. 

There are 39 squadrons in the North Carolina Wing. Although the Wing 
is partially funded by the state, the department has no operational control 
over it. Many members operate their own airplanes and fly at their own 
expense; however, membership dues, donations, grants, estates, state funds 
and Air Force reimbursements account for a large portion of the Wing's bud- 
get. 

The Civil Air Patrol fulfills three primary functions: emergency services, 
aerospace education and training, and a cadet training program. 

Emergency Services: Emergency Services is a function with which the 
Civil Air Patrol is most involved. It entails air search and rescue and local 
disaster relief and emergency preparedness plans, providing fixed, mobile or 
airborne communications during emergencies. 

Aerospace Education and Training: Aerospace Education and 
Training is designed to inform the public about aerospace activities. The CAP 
supports aerospace education workshops for teachers at colleges and univer- 
sities throughout the United States. These programs prepare teachers to j 
teach aerospace education courses in their schools or to use the information 
to enrich traditional classroom subjects. Scholarships are awarded to deserv- 
ing cadets and senior members for study in engineering, the humanities, 
education, science and other fields related to aerospace. 

Cadet Training Program: The Cadet Training Program provides 
young people, ages 13 through 18, with opportunities for leadership and edu- 
cation. The program teaches the cadets aviation, search and rescue, individ- 
ual and group discipline and personal development, giving them the opportu- 
nity to serve themselves and their communities, state, nation and all human- 
ity to the fullest extent of their capabilities. 

Crime Prevention Division 

In 1979, the Crime Prevention Division was created to motivate citizens 
in every home and community to join actively in the fight against crime. 
Staff and funding were drawn from the Governor's Crime Commission 



The North Carolina Executive Branch 259 

Division and from other divisions of the department. It was an exciting 
attempt to deal with one of the oldest problems of society. 

The Crime Prevention Division's mission is to assist local law enforce- 
ment agencies and other groups to get citizens involved in crime prevention 
activities. These activities are designed to reduce not only the incidence of 
crime, but also the fear of crime. Staff members keep track of changing crime 
trends and stay abreast of the latest state and national crime prevention pro- 
grams. 

Crime Prevention programs promoted or coordinated by the division 
include: Think Smart, Youth Awards Programs, Public Housing, Community 
Watch, Ham Watch, Crime Stoppers, Crimes Against Business, Crimes 
Against Older Adults, Crimes Against Women, Domestic Violence, Crimes 
Against Children and Child Safety. The division provides technical assis- 
tance and develops crime prevention awareness materials free of charge to 
citizens, local law enforcement agencies and other groups. 

Emergency Management Division 

The evolution of emergency management in North Carolina began with 
the creation of the Emergency Management Act of 1977. Prior to that, the 
division went through two transitions: from Civil Defense to Civil 
Preparedness. Both Civil Defense and Civil Preparedness focused primarily 
on war-related disasters, but also supported local law enforcement and fire 
departments in the event of a major catastrophe. With the increased expo- 
sure of people and property to extremely high-risk situations due to our tech- 
; nological advancement, the need for a central coordinating agency to pre- 
. serve and protect the citizens of North Carolina from all types of disasters, 
! natural and man-made, soon became apparent. 

The State Civil Defense Agency was transferred to the Department of 
Military and Veterans Affairs in 1971, and transferred again in 1977 to the 
j newly formed Department of Crime Control and Public Safety where it was 
| named the Division of Emergency Management. Under the direction of the 
Department of Crime Control and Public Safety, Emergency Management 
coordinates response and relief activities in the event of a major emergency 
or disaster using a four-phase approach to emergency situations: prepared- 
ness, response, recovery, and mitigation. 

The division's major emergency response functions are carried out by the 
State Emergency Response Team (SERT). The SERT is composed of top-level 
management representatives from each state agency involved in response 
activities. During an emergency, the Secretary of Crime Control and Public 
Safety is the Governor's authorized representative to call and direct any 
state agency to respond to the emergency. The SERT directs on-site response 
activities when two or more state agencies are involved and will, upon 
request, direct the total response including local, state, federal and private 
resources. By providing support to local governments through response 
efforts, planning and training, the Division of Emergency Management car- 
ies out its theme of cooperation, coordination, and unity. 



r 



260 North Carolina Manual 

North Carolina Center for Missing Persons 

The Center, formerly the North Carolina Center for Missing Children 
and Child Victimization, was established in 1984 as the state clearinghouse 
for information about missing persons. Trained staff members provide tech- 
nical assistance and training to citizens, law enforcement officials, school 
personnel and human services professionals. The center's staff gives assis- 
tance and support to both the families of missing persons and to the law 
enforcement officials investigating missing person cases. Staff members also 
participate in emergency operations and searches for persons who are miss- 
ing and endangered. 

Governor's Crime Commission 

The Governor's Crime Commission embodies the former Law and Order 
Committee created in 1968 in the Department of Natural and Economic 
Resources. The Law and Order Committee was transferred to the newly 
formed Department of Crime Control and Public Safety in 1977. The 
Governor's Crime Commission serves by statute as the chief advisory board 
to the Governor and the Secretary of Crime Control and Public Safety on 
crime and justice issues and policies. 

The 40-member commission has representatives from all parts of the i 
criminal justice system, local government, the legislature and other citizens. 
The commission is supported by a state staff in the Governor's Crime 
Commission Division. The commission has been a unique forum for criminal 
justice in North Carolina. Throughout its history, the Governor's Crime 
Commission has served in a leadership role in criminal justice planning, 
issue analysis, program development and coordination. The Crime 
Commission has been a force behind many successful statewide programs 
such as driving while impaired legislation, community service restitution, 
crime prevention and community watch, rape victim assistance, victim com- 
pensation and sentencing reform. 

The commission currently oversees four federal grant programs for the; 
state. These programs include the Juvenile Justice and Delinquency 
Prevention Program, the Justice Assistance Program, the Victim of Crime 
Act Program and the Drug Enforcement Program. The programs bring 
approximately $10 million in federal monies to North Carolina for criminal 
justice improvement programs. 

Governor's Crime Commission Division: The Governor's Crime 
Commission Division serves as staff to the 40-member Governor's Crime 
Commission. The staff is responsible for researching the issues under review 
by the commission and writing the resulting reports to the Governor. The 
staff also administers four federal grant programs for the state. 



Highway Patrol Division 

In 1929, the General Assembly of North Carolina created the State; 
Highway Patrol. Chapter 218 of the Public Laws of 1929 provides: "That the 



The North Carolina Executive Branch 261 

State Highway Commission of North Carolina is hereby authorized and 
directed to create under its control and supervision a division of the State 
Highway Patrol, consisting of one Captain with headquarters in the State 
Highway Building at Raleigh, and one Lieutenant and three patrolmen in 
each of the nine State Highway Division Districts of the State." The Highway 
Patrol was given statutory responsibility to patrol the highways of the state, 
enforce the motor vehicle laws and assist the motoring public. 

The commission appointed a captain as commanding officer of the State 
Highway Patrol and nine lieutenants. These ten men were sent to 
Harrisburg, Pennsylvania, to attend a two-week training school for state 
police. The captain and the nine lieutenants returned to North Carolina and 
made plans for recruiting the 27 patrolmen, three for each of the nine high- 
way districts in the state. 

The year 1929 was the first time in North Carolina history that all mem- 
bers of a law enforcement unit were required to go through a training school 
to study the laws they would be called on to enforce. Of the original 400 
applicants who applied for admission, only 67 were ordered to report to 
Camp Glenn, an abandoned army encampment near Morehead City. The 
school ran for six weeks, and the names of the 27 men with the highest 
records were posted on the bulletin board as the first State Highway 
Patrolmen. Others who had come through the training course with credit 
were put on a reserve list to be called into service as openings occurred. The 
Chair of the State Highway Commission came to Camp Glenn, inspected the 
men of the Patrol, liked what he saw, and told them something they never 
forgot, "On your shoulders rests the responsibility for the success or failure of 
the State Highway Patrol." 

On July 1, 1929, 37 members of the Patrol took the oaths of office in the 

; hall of the House of Representatives in the Capitol, and the example of these 

I men is an inspiring legacy to the men and women of the State Highway 

Patrol today. From this original authorized strength of 37, the State 

j Highway Patrol's membership has increased, reflecting growth in population, 

'interstate and state highways, and registered vehicles and licensed drivers; 

however, there is still a shortage in what is really needed to combat the 

growing problems facing the patrol. 

Throughout its long history, the State Highway Patrol has had many 
homes. In 1933, the State Highway Patrol was transferred from the State 
Highway Commission to the State Revenue Department. On July 1, 1941, 
the General Assembly created the Department of Motor Vehicles, and the 
State Highway Patrol was transferred from the State Revenue Department 
to the Department of Motor Vehicles. The Patrol was transferred from the 
'Department of Motor Vehicles in 1973 to the Department of Transportation. 
Then, in 1977, the Patrol was transferred from the Department of 
Transportation to the newly formed Department of Crime Control and Public 
Safety. 

As the primary traffic law enforcement agency in North Carolina, the 
:hief responsibility of the State Highway Patrol is safeguarding life and 
oroperty on the state's highways. The duties and responsibilities of the 
Patrol are governed by the General Statutes and consist of regularly 



262 North Carolina Manual 

patrolling the highways and enforcing all laws and regulations pertaining to 
travel and use of vehicles upon the highways. 

Additional duties may be assigned by the Governor and the Secretary of 
Crime Control and Public Safety, such as providing manpower and support 
for civil disturbances, nuclear accidents, chemical spills and natural disas- 
ters. The Patrol also handles security for the Governor and his family. 

The year 1977 also brought a change in location and facilities for the 
Patrol's training schools. Camp Glenn was the site for training the first class 
of Highway Patrol recruits, but there was not a permanent training site until 
1946, when classes were held at the Institute of Government at the 
University of North Carolina at Chapel Hill. However, when the Patrol out- 
grew that site, several locations throughout the state were considered as pos- 
sible training sites, and the Governor Morehead School for the Blind located 
at 3318 Garner Road in Raleigh was selected. Today, the training center is a 
modern facility that provides the perfect atmosphere for training. The Patrol 
is very proud of this facility and its training program which is essential to a 
modern law enforcement agency. 

In the fall of 1982, the Highway Patrol State Auxiliary, an organization 
of Patrol wives and widows, decided to place a monument at the training cen- 
ter in memory of the troopers killed in the line of duty, and after a fund-rais- 
ing campaign to pay for its construction, on May 18, 1986, Governor James 
G. Martin accepted the memorial on behalf of the state during dedication cer- 
emonies. The moving inscription on the monument was written by Latish 
Williams, an employee of the Patrol Headquarters staff, and it reflects the 
dedication and devotion to duty of all the men and women of the State 
Highway Patrol. 



E^ 



"In memory of those who lost their lives in the line of duty, we 
hope you see their faces and hearts in thi$ stone of beauty. In 
dedication and honor to those who die through the years, we 
stand before this memorial and hold back the tears* Over the 
years, we lost brave troopers who were our comrades and 
friends. We dedicate this monument in their honor knowing 
that when one dies, life begins. 



l] v gggH^gBB I -g-ggg-B-H— — -_ -ggtaH 



Governor's Advisory Commission on Military Affairs 

Executive Order Number 11 created the Governor's Advisory 
Commission on Military Affairs on June 28, 1985. Members are appointed by 
the Governor and consist of commanders of the five major military installa- 
tions in North Carolina, state and local government officials and citizens who 
have an interest in or relationship to the military community. The commis- 
sion meets regularly at the call of the Chairman or the Secretary of the 



The North Carolina Executive Branch 263 

Department of Crime Control and Public Safety. Department employees 
serve as staff to the commission and provide administrative support, draft 
legislation and coordinate meetings. 

The commission provides a forum for the discussion of issues concerning 
major military installations in the state and active and retired military per- 
sonnel and their families. The commission collects and studies information 
related to supporting and strengthening the military presence in the state. 
Commission members recommend and review proposed military affairs legis- 
lation, and advise the Governor on measures and activities that would sup- 
port and enhance defense installations and military families within the 
state. 

The commission promotes the involvement of the state's industries in the 
state military procurement system, and encourages potential employers to 
recruit soon-to-retire soldiers whose military skills would be useful in the 
private sector. Another mission of the commission is to enhance the state's 
attractiveness as a home for retiring service personnel by proving an easy 
channel of communication between the military and state government. The 
commission has provided the unforeseen benefit of serving as the only meet- 
ing ground for the commanders of the major military installations in the 
state to discuss ideas and problems. 

National Guard Division 

Since the Colonial era of this nation's history, there have been citizen sol- 
diers who worked at their trades, jobs, farms, professions and other liveli- 
hoods, who were also members of organized militia units. When needed, 
these citizen-soldiers assisted in the defense of life, property and their com- 
munity. The North Carolina National Guard has its roots in this tradition. 

The National Guard today is the organized militia of the state, and the 
Governor is the commander-in-chief. The National Guard is also a part of the 
Armed Forces' reserve force structure with the President as commander-in- 
chief, which gives the Guard a federal as well as a state mission. 

As the State Militia, the Guard has a long history of proud service to the 
people of the state. On numerous occasions, the Guard has provided assis- 
tance to state and local authorities when natural disasters such as hurri- 
canes, floods, fires and tornadoes occurred and for civil disturbances and 
other law enforcement needs requiring additional trained and capable man- 
power to supplement state and local resources. As a part of the reserve forces 
of the United States Armed Forces, the Guard has been called or ordered to 
active federal service to defend the nation. Early militia and modern Guard 
units have responded to this need since the Revolutionary War. 

In 1806, following the War for American Independence, under the 
authority of the Militia Acts of 1792 and 1795 passed by Congress, the 
Legislature passed a law establishing the Adjutant General's Department. 

[^he militia then began to become better organized and trained. 
For many years the State Guard, as it was then known, had no federal 
ecognition; and at the time of the Spanish-American War in 1898, it was 
discovered that the President of the United States had no authority to order 



264 North Carolina Manual 

the Guard into federal service. Under the Acts of Congress of June 3, 1916, a 
definite place in the National Defense was created for the Guard; and the 
State Guard became the National Guard. 

Since this change in the federal laws, the National Guard has become an 
integral part of the country's first line of defense. With the backing of the 
federal government and laws passed by the respective states based upon the 
National Defense Acts, the National Guard has continuously, through its 
training, developed a high standard of efficiency. Today it is recognized as an 
important part of the Army of the United States. 

In 1947, the Army Air Corps was designated the United States Air Force 
and became a separate component of the armed services. At the same time, 
the National Guard of the United States was divided into the Army National 
Guard and the Air National Guard. 

The Department of Defense continues to expand the role of the Guard in 
the national defense plan and to develop a "One Army" concept of active and 
reserve forces. Today the North Carolina Army and Air Guard consists of 
more than 14,000 soldiers and airmen. It is a modern, well-trained force 
which continues to distinguish itself in peacetime and ta fulfill both its feder- 
al and state missions. 

Guard troops are equipped with some of the most modern military equip- 
ment: the Ml Abrams Tank, the M2 Bradley Infantry Fighting Vehicle, the 
M60-A3 Main Battle Tank, the AH 60 Black Hawk Helicopter and the AH 
64A Apache Attack Helicopter. 

The North Carolina Army National Guard continues the tradition begun 
in Colonial times. Many units today have lineages going back 100 years or 
more. Not only is the Guard an important source of pride and community 
involvement, but it stands ready to protect and serve its citizens. 

Victim and justice Services Division 

The Victim and Justice Services Division formerly was a section of the 
Governor's Crime Commission Division. The community services alternative 
punishment programs for persons sentenced under the Safe Roads Act 
became the responsibility of the Department of Crime Control and Public 
Safety in 1983, and the department saw the need to create a new division to 
administer these programs. This new division was called the Victim and 
Justice Services Division. Staff and funding for the division were drawn from 
the Governor's Crime Commission Division and other divisions of the depart- 
ment. 

Through field offices located in each of the state's 34 judicial districts, the 
Community Service Work Program places and supervises convicted offenders 
who have been ordered by the court to make restitution in the form of free 
labor to charitable organizations and government agencies. 

During its first three years of operation, the Community Service Work 
Program admitted 91,631 clients who gave the state of North Carolina 
2,645,745 hours of free labor with an estimated monetary value of 
$8,863,245. Not only does the state benefit from this free labor by offenders, 
it had collected more than $4,225,904 in fees which go to the General Fund 






The North Carolina Executive Branch 265 

for schools and other vital services. The combined total of services and money 
to the state exceeds $15 million. 

In addition to being an efficient and cost-effective punishment alterna- 
tive, other programs have evolved from the Community Service Work 
Program. These programs are administered in whole or in part by the divi- 
sion: Deferred Prosecution, Community Service Parole and Community 
Penalties. 

The division also operates programs that provide direct services to vic- 
tims and to justice system agencies. 

The North Carolina Crime Victims Compensation Commission reimburs- 
es persons for uninsured medical expenses and lost wages resulting from vio- 
lent crime. Victims may receive a maximum of $20,000, plus an additional 
$2,000 for funeral expenses if the victim dies from the crime. Claims must 
be submitted to the NCCVCC for verification and approval. 

The Rape Victim Assistance Program provides financial assistance to vic- 
tims of sex offenses by reimbursing the cost of emergency medical treatment 
and evidence collection. This program has served more than 3,500 victims 
since its inception in 1981. 

Division staff members also conduct workshops for law enforcement offi- 
cers on managing occupational stress, using the services of a licensed psy- 
chologist to counsel police officers. 

Boards and Commissions 

, Governor's Advisory Commission on Military Affairs 

i Governor's Crime Commission 

Military Aides-de-Camp 

N.C. Crime Victims Compensation Commission 

iN.C. Emergency Response Commission 

For Further Information 

(919) 733-2126 



266 



North Carolina Manual 




Thurman B, Hampton 

Secretary of Crime Control 

and Public Safety 

Early Years 

Born in Chatham County, February 5, 1949, 
to Joseph and Ernestine (Rodgers) 
Hampton. 

Educational Background 

Douglass High School, Eden, N.C., 1966; j 
A&T State University, B.A. (Political 
Science), 1970; State University of Iowa 
College of Law, J.D., 1973; Judge Advocate 
General's School Basic Course, 1973, [ 
Military Judge Course, 1983, Advanced 
Course, 1984; United States Army Command and General Staff College, 1990. 

Professional Background 

Goldston & Hampton, Attorneys at Law, 1985-86; Assistant District Attorney, 17-A 
Prosecutorial District, 1982-85; Private law practice, 1979-82; Assistant Professor of 
Law, N.C. Central University, 1976-79. 

Organizations 

N.C. Bar Association; N.C. State Bar; Rockingham County Bar Association; 17-A Bar 
Association; National Association of Black Prosecutors; N.C. Black Lawyers 
Association; Association of Government Attorneys in Capital Litigation; N.C. 
Conference of District Attorneys; Iowa State Bar; United States Court of Military 
Appeals; Former Member, Eden Kiwanis Club; Board of Directors of the Eden Rescue 
Squad, Inc.; Board of Directors of the Rockingham County Youth Involvement Board. 

Boards and Commissions 

Governor's Advisory Commission on Military Affairs; Governor's Crime Commission; 
Juvenile Justice Commission. 

Political Activities 

Secretary, Department of Crime Control and Public Safety, 1993-; District Attorney, 
17-A Prosecutorial District (Rockingham and Caswell Counties), 1986-93. 

Military Service 

Active duty with US Army, 1973-76; Currently holds the rank of Lieutenant Colonel. 
U.S. Army Reserve, Judge Advocate General Corps. 

Honors and Awards 

Army Commendation Medal; Armed Forces Expeditionary Medal; Outstanding Young 
Men in America, 1982-83; Outstanding Young Democrat, 1984; Who's Who ir 
American Colleges and Universities. 

Personal Information 

Married, Maria Hopp Hampton, October 17, 1978. Children: Kathryn. Morning Stai 
Missionary Baptist Church. 






The North Carolina Executive Branch 



267 



DEPARTMENT OF CRIME CONTROL 
AND PUBLIC SAFETYi 



SECRETARIES 



Name Residence 

J. Phillip Carlton 2 Wake 

Herbert L. Hyde 3 Buncombe ..., 

Burley B. Mitchell 4 Wake 

Heman R. Clark 5 Cumberland. 

Joseph W. Dean 6 Wake 

Alan V. Pugh 7 Randolph 



Term 

1977-1978 

1979 

1979-1982 

1982-1985 

1985-1992 

1992-1993 

Thurman B. Hampton 8 Rockingham 1993-Present 



1 The General Assembly of 1977 abolished the Department of Military and 
Veterans' Affairs and created the Department of Crime Control and Public Safety. 

2 Carlton was appointed on April 1, 1977, by Governor Hunt. He resigned effective 
January 1, 1979, following his appointment to the N.C. Court of Appeals. 

3 Hyde was appointed on January 2, 1979, by Governor Hunt to replace Carlton. 

4 Mitchell was appointed on August 21, 1979, to replace Hyde. He resigned in 
early 1982 following his appointment to the N.C. Supreme Court. 

5 Clark was appointed in February 2, 1982, by Governor Hunt to replace Mitchell. 

6 Dean was appointed January 7, 1985 by Governor Martin. 

7 Pugh was appointed June 1, 1992, to serve the remainder of the Martin 
Administration. 

8 Hampton was appointed by Governor Hunt and sworn in on February 3, 1993. 



268 North Carolina Manual 



DEPARTMENT OF CULTURAL RESOURCES 



The North Carolina Department our culture and ways in which its 
of Cultural Resources was the aspects can be made increasingly 
first state government cabinet- available to the public. Among the 
level cultural affairs department department's responsibilities are 
established in America. It was creat- preserving and protecting our her- 
ed under the State Government itage for future generations through 
Reorganization Act of 1971 as the emphasizing the richness of our tra- 
Department of Art, Culture and ditions, history and art. 
History. The name was changed a The department has three divi- 
few years later. sions: Archives and History, the Arts 
The purpose of the department is Council and the State Library. It 
to enhance the cultural climate of also administers two semi- 
North Carolina through providing autonomous agencies, the North 
access to the arts, historical Carolina Symphony and the North 
resources and libraries. Cultural Carolina Museum of Art and several 
Resources interprets "culture" an special programs. Plus, Cultural 
inclusive term for the many ways Resources works with numerous 
people have of understanding their boards and commissions with 
history, values and natural creativity, responsibilities associated with the 
The department's functions highlight department, 
the exploration and interpretation of 



Division of Archives and History 

What is now the Division of Archives and History was created in 1903 to 
chart our state's history and preserve its records and historic places for pos- 
terity. From its inception it has been in the forefront of state historical activ- 1 
ity. Within the division are many diverse sections: the Museum of History, 
Archives and Records, Historical Publications, Historic Sites, Archaeology 
and Historic Preservation, Tryon Palace, and the State Capitol. 

Museum of History: While the culture of North Carolina is found in 
every community, the state administers a number of museums and sites so 
that visitors might enjoy a concentration of art or history in a visit to any of 
them. These museums and sites are not just for those who are knowledge- 
able about history or who have a particular, or professional interest in its 
many forms. Instead they have been designed to stimulate the interest of 
any child or adult and to awaken the historical and creative perspective in us 
all. 

The North Carolina Museum of History, since its founding in 1902, has; 
been the state agency most involved in the collection and preservation oi 
objects significant to the history of North Carolina. Its collection, currently 



The North Carolina Executive Branch 269 

containing over 350,000 items, reflects our state's political, economic, and 
social history. This comprehensive collection is used by the central museum 
and its three branches, twenty-three State Historic Sites, the Executive 
Mansion, and the Capitol. The museum also loans items from its collection 
to other non state historical museums throughout the state which meet stan- 
dards of security and interpretive usage as established by the museum. 

The collection is particularly strong in the areas of North Carolina cur- 
rency and gold coins, dolls, Civil War uniforms, flags, North Carolina silver, 
and North Carolina crafts. The museum holds one of the outstanding collec- 
tions of Confederate uniforms in the nation in addition to a collection of cos- 
tumes (over 6,000) ranging from 1775-1980. Its collection of historic flags 
(350) range from the Revolutionary War (the Guilford Battle flag) to flags 
from the Vietnam War. The museum has the largest known collection of 
Bechtler gold coins (154). The Bechtlers operated a private mint in North 
Carolina from 1831 to 1846 during the North Carolina Gold Rush. The 
Museum of History's collections are used in an average of twelve special 
exhibitions annually which are visited by over 170,000 school children and 
adults. 

It has mounted several important and critically acclaimed exhibitions in 
the past years. Enriching and complementing the exhibition program are 
lectures, movies, touch talks, demonstrations, and a Tar Heel Junior 
Historian Program in the schools. 

The North Carolina Museum of History has an expanded mission to 
reach out to citizens throughout the state. In the 1940s, the museum began 
two extension services still active today: the Tar Heel Junior Historian 
Association which promotes the study of state and local history in the public 
schools, and an extensive series of slide programs on various aspects of North 
Carolina history which can be borrowed by schools and clubs without charge. 

In 1982, the museum in conjunction with its support group, the North 
Carolina Museum of History Associates, began offering a variety of educa- 
tional programs in communities throughout the state. These programs, 
together with the interest generated all over North Carolina by the 
Associates, have greatly enhanced the appeal of the museum, thereby creat- 
ing a greater demand for North Carolina Museum of History services. 

Given the very great need for a new museum facility, the Museum of 
History engaged in a campaign to build a new building across from the State 
Capitol. The $28 million building is scheduled to be open to the public in 
1994. 

Archives and Records: An important form of written history is to be 
found in public records and documents. The Archives and Records section of 
Cultural Resources is responsible for administering the North Carolina State 
Archives and for conducting records management programs for state and 
local governments. As the state archival agency, it arranges, describes, pre- 
serves and makes available for use the permanently valuable public records 
pf the state and of counties and municipalities. It also preserves other 
records of permanent historical interest including private manuscripts, maps 
and photographs. 



270 North Carolina Manual 

The Archives and Records Section maintains over 35,000 cubic feet of 
records (more than 100 million pieces of paper), 800,000 photographs, and 
30,000 reels of microfilm. The State Archives is nationally known and serves 
as a model for the nation and other states. If we know our history by what 
we leave behind, then the state Archives is indispensable in this knowledge. 
A courthouse may be torn down, a church may burn, and records of great 
value may perish with them. Often those records already have been pre- 
served by the Archives. Anyone interested in family genealogy will come to 
know its programs. 

Historical Publications: The Historical Publications Section is respon- 
sible for the publication of documentary volumes, periodicals, pamphlets, 
leaflets, maps and other materials on North Carolina history. The section 
publishes a volume of addresses and public papers of each North Carolina 
governor at the close of his administration. Among ongoing projects is the 
publication of North Carolina Troops, 1861-1865, a comprehensive Civil War 
roster. 

The North Carolina Historical Review, published quarterly, is one of the 
most respected publications of its kind in the United States. 

Historic Sites: Deeply involved with the state's heritage, the Division of 
Archeology and Historical Preservation seeks to preserve properties, arti- 
facts and archaeological sites important to our state. Through its archaeolog- 
ical program, the Division identifies hundreds of historic and pre-historic 
sites each year, from Indian encampments to industrial sites and from gold 
mines to sunken seafaring crafts. 

Visitors can pan for gold, examine a Confederate ironclad or visit 
Blackboard's hometown as you relive three centuries of North Carolina and 
American history at the historic sites administered by the Department of 
Cultural Resources. The Department's Historic Sites section conducts it's 
program to plan, preserve, develop, interpret, operate and maintain this 
statewide section. A typical site contains one or more restored or reconstruct- 
ed structures as well as a modern visitor center including exhibits, artifacts 
and an audiovisual presentation. 

Beautiful and historic Tryon Palace, the colonial capitol of North 
Carolina, has been reconstructed after its destruction in a 1798 fire to pro-, 
vide an exceptional experience for the visitor. Regular tours are conducted by 
costumed hostesses. An annual symposium on the decorative arts is a nation- 
wide attraction each spring. There is an admission charge. 

The North Carolina State Capitol on Raleigh's Capitol Square is one of 
the nation's finest and best preserved civic buildings of the Greek Revival 
style. With its original furnishings, the Capitol is still used for ceremonies 
and contains offices for the Governor, Lieutenant Governor and an office 
used by the Secretary of State for swearing in public officials. 

The Capitol Area Visitor Center is invaluable to visitors looking for the 
many cultural attractions and other points of interest near the Capitol in 
Raleigh. The Center is at 301 North Blount Street. 



The North Carolina Executive Branch 271 

A cooperative venture of the Department of Cultural Resources and the 
Stagville Center Corporation, Stagville Center is America's first state-owned 
center for the teaching and development of historic preservation and its 
related technology. Located on the historically rich Stagville Plantation in 
the northern part of Durham County. Stagville is a living laboratory for 
research into techniques that will aid efforts into historic preservation. 

Archaeology and Historic Preservation: Deeply involved with the 
state's heritage, the Archaeology and Historic Preservation Section of the 
Department of Cultural Resources seeks to preserve properties, artifacts, 
and archaeological sites important to our state. Through its archaeological 
program, the section identifies hundreds of historic and pre-historic sites 
each year, from Indian encampments to industrial sites and from gold mines 
to sunken seafaring crafts. 

A number of efforts are under way to examine different elements of 
North Carolina heritage. The Archaeology and Historic Preservation Section 
conducts a continuing statewide survey of historic, architectural and archae- 
ological resources. Some of these properties such as certain homes, office 
buildings and neighborhoods, for example, are nominated to the National 
Register of Historic Places, where there are now more than 1,000 North 
Carolina entries. 

Through its Historic Preservation Program the division surveys and tries 
to protect these unique and valuable historic properties throughout the state 
by nomination to the National Register of Historic Places. Some properties 
are selected for restoration by the state and are open to the public as histori- 
cal, educational and recreational attractions. They range from the elaborate 
and lavish restoration of Tryon Palace in New Bern to the simplicity of the 
mountain-surrounded birthplace of Governor Zebulon Vance at Weaverville. 

Division of the State Library 

The Division of the State Library is the official state government agency 
charged by law with providing the state's library program, coordinating 
library planning for total library services and serving the state's information 
needs. It is made up of the State Library Commission, the Interstate Library 
Compact, the Public Librarian Certification Commission and the following 
sections: Library Development, Special Services, and Technical Services. 

The Special Services Section assists a whole segment of the population 
richly deserving of help. Its constituents are the visually and physically 
handicapped who are sent — free of charge — large print, braille, and talking 
books (on cassettes and records). Selections fitting individual tastes are 
ade by carefully studying information and biographical sketches sent in by 
atrons. 

The State Library operates the North Carolina Information Network, a 
state-of-the-art high tech computer network which ties together all major 
academic, public and community college libraries to major national and 
international databases. Other state agencies can also use this important 
informational resource. 



272 North Carolina Manual 

Films and video tapes are also available free through the State Library. 
Enrichment films including comedy, art, travel, and other subjects are avail- 
able. Local libraries can provide details. 

The State Library has a Library Development Section that provides con- 
sultant service to librarians, trustees, public officials and interested citizens 
throughout the state. Plus, this division can assist to state agencies in set- 
ting up and maintaining departmental libraries. Besides staff, the State 
Library also offers these agencies a broad collection of books, periodicals, 
newspapers, documents and other materials, reference services and bibli- 
ographies, and library services to the State Legislature while in session. 

The Special Services Section offers free public Library service to those 
unable to hold or read ordinary printed library materials because of physical 
or visual disability. Special library materials are provided through the 
Library of Congress for the Blind and Physically Handicapped, and the 
United States Postal Service mails these materials for free. Recorded on 
long playing records or cassette tape, in large type or braille, the materials 
include books and magazines for all ages and of all kinds. Many thousands 
of titles are available, along with the equipment for using them. 

Both the State Library and the Division of Archives and History provide 
genealogical services that attract thousands of people from all over the coun- 
try. The Library has secondary sources such as books, family and county his- 
tories, newspapers and census records. Archives and History has primary 
sources — the original documents. 

The Library's Technical Services Section is responsible for acquiring and 
preparing books, documents and related materials which comprise the 
Library's material resources. Technical Services also operates a state docu- 
ments depository system which catalogs and distributes state publications to 
depository libraries statewide. 

Division of the Arts Council 

It is the mission of the North Carolina Arts Council to enrich the cultural 
life of the state by nurturing and supporting excellence in the arts and pro- 
viding opportunities for every North Carolinian to experience the arts. The 
Council works primarily with over 2,000 nonprofit arts organizations and 
12,000 artists, but can also provide funding and services to hundreds of other 
nonprofit organizations that do arts programming. 

The North Carolina Arts Council was established in 1964 by executive 
order, was made a statutory agency in 1967, and became a separate division 
of the Department of Cultural Resources in 1981. The Arts Council is gov- 
erned by a 24-member board appointed by the Governor to serve three-year 
terms. The board sets policy and assisted by guest panelists, makes funding 
recommendations on approximately 1,700 grant applicants each year. Those 
include local arts councils, galleries and museums, crafts guilds, literary 
presses and magazines, folk arts programs, dance, opera and theatre compa- 
nies; individual artists; and arts programs in public schools, community col- 
leges, universities, public libraries, historical organizations, parks and recre- 
ation departments, community service organizations and public radio and 
television. 



The North Carolina Executive Branch 273 

Funds for Arts Council programs and services are provided by the North 
Carolina General Assembly and the National Endowment for the Arts, a fed- 
eral agency in Washington, DC. Major grant application deadlines are 
January 15 and February 1 for artists and March 1 for organizations. 

The Arts Council's program sections are Community Development, 
Dance, Folklife, Literature, Music, Theatre, Touring/Presenting and Visual 
Arts. Each offers technical assistance, information and consultation services, 
and a variety of grant categories to constituent artists and organizations. 
The Council also initiates programs to encourage cultural leadership in the 
state. Its conferences, festivals, workshops and performing arts tours 
address important issues affecting the arts in North Carolina and/or provide 
much needed arts programs not available through other organizations. The 
Council is recognized nationally for its innovative leadership in arts pro- 
gramming. 

The Arts Council's programs reach all 100 counties of North Carolina. 
Through the Grassroots Arts Program, each county receives state funds 
based on the county population to assist in presenting arts programming. 
The Art Works for State Buildings Program assures that a major work of art 
will be included in all new construction or renovation of state facilities 
throughout the state. Residency and touring programs place performing, lit- 
erary and visual artists in North Carolina public schools as well as in a vari- 
ety of other settings from the largest cities to the most rural communities. 
The Organization of Color Development Program provides assistance to 
emerging minority arts groups at a crucial time in their development. The 
Folk Heritage Awards recognize and honor North Carolina's finest folk 
artists. Fellowships reward professional artists who have made a serious 
commitment to producing their art. 

North Carolina Museum of Art: The North Carolina Museum of Art 
houses one of the finest collections of art in the Southeast, a collection that 
includes paintings and sculptures representing 5,000 years of artistic 
achievements from ancient Egypt to the present. When the General 
Assembly appropriated $1 million in 1947 "to purchase an art collection for 
the state," North Carolina became the first state in the nation to devote pub- 
lic funds for that purpose. With that first appropriation, the museum 
acquired 139 paintings that included works by Homer, Rubens, Van Dyke, 
and Gainsborough. This appropriation attracted a gift from the Samuel H. 
Kress Foundation, which donated most of the museum's collection of Italian 
Renaissance art. 

Since those early days, the museum has acquired Egyptian, Greek, 
Roman, African, and modern art, as well as a collection of Jewish ceremonial 
objects that is the only one of its kind in a general museum in the United 
States. Today the museum's collection houses works by Monet, Pissarro, and 
Copley. The modern collection includes works by Hartley, O'Keeffe, Kline, 
Stella, Calder, Moore, and Wyeth, as well as a significant group of German 
Expressionist paintings. 

Docents conduct tours of the art collection and tours of special exhibitions 



274 North Carolina Manual 

for groups, including some 33,000 school children who visit the museum 
annually for tours geared to their curriculum. A daily public tour is present- 
ed at 1:30 p.m. The museum presents Sunday afternoon lectures and con- 
certs, art workshops for children, seminars for teachers, and a popular 
Friday evening film series. 

Founded and administered by the North Carolina Art Society until 1961, 
the museum is today a division of the Department of Cultural Resources. 
Annual operating support is provided through state appropriations and con- 
tributions from the private sector administered by the North Carolina 
Museum of Art Foundation. 

Located at 2110 Blue Ridge Road in Raleigh, the museum is open 9 a.m. - 
5 p.m. Tuesday through Saturday, 11 a.m. - 6 p.m. Sunday, and is closed 
Monday. Admission is free. 

The North Carolina Symphony: When the 1943 General Assembly 
passed the "Horn-Tootin' Bill," North Carolina became one of the first states 
to support its own orchestra. The North Carolina Symphony now ranks as 
one of the major orchestras in the country, presenting the finest in classical 
and symphonic music. It has performed at Orchestra Hall in Chicago, 
Kennedy Center in Washington and Carnegie Hall in New York. 

Long known for its many concerts for schoolchildren annually, the 
Symphony is led by Music Director/Conductor Gerhardt Zimmerman. It has 
a 38 week season and performs 185 full-orchestra concerts each year for 
some 425,000 adults and schoolchildren, including approximately 60 music 
education concerts for more than 150,000 schoolchildren. 

Nationally recognized as a major orchestra by the American Orchestra 
League, the Symphony travels over 20,000 miles each year, bringing beauti- 
ful orchestral music to towns and cities across the state. 

Special Programs: The development of the arts and humanities in 
North Carolina has placed new demands on government, our citizens, private 
groups, schools, and businesses. To meet these needs, the Department of 
Cultural Resources and other state government agencies have instituted sev- 
eral special programs. 

The Governor's Business Council on the Arts and Humanities seeks to 
enhance business support of cultural programs. It was the first such state- 
level effort in the nation. 

Cultural Resources attaches a special importance to arts education. Both 
the Office of the Secretary and the department's various agencies sponsor 
programs to meet this need. The Arts Council's Artists-in-Schools program, 
for example, provides residencies in public schools for artists who have 
shown excellence in their work and the ability to communicate their love of 
art to young people. It also co-sponsors the Visiting Artists program in the 
state's community college system. The Museum of Art and the Museum of 
History provide special tours and in-school programs for children. In addition, 
Cultural Resources sponsors cultural programs targeted to special populations 
including people of color, the disabled and residents of correctional institutions. 



The North Carolina Executive Branch 275 

An organic extension of its people, North Carolina's culture should be 
shared by all who live here. The department's goal is to assure that richness 
of North Carolina's cultural heritage should be available to everyone. 

Board and Commissions 

Board of Trustees of the N.C. Museum of Art 

Composer Laureate for the State of North Carolina 

Edenton Historical Commission 

Executive Mansion Fine Arts Committee 

Governor's Business Council on the Arts and Humanities 

Historic Bath Commission 

Historic Hillsborough Commission 

Historic Murfreesboro Commission 

John Motley Morehead Memorial Commission 

Museum of History Associates, Board of Directors 

N.C. Art Society, Incorporated, Board of Directors 

N.C. Arts Council Board 

N.C. Highway Historical Marker Advisory Committee 

N.C. Historical Commission 

N.C. Symphony, Incorporated, Board of Trustees 

Public Librarian Certification Commission 

Roanoke Voyages and Elizabeth II Commission 

State Historical Records Advisory Board 

State Library Commission 

The Vagabond School of Drama, Incorporated Board of Trustees 

Tryon Palace Commission 

U.S.S. North Carolina Battleship Commission 

For Further Information 

(919) 733-4867 



276 



North Carolina Manual 



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Betty Ray McCain 

Secretary of Cultural Resources 

Early Years 

Born to Mary Perrett and Horace Truman 
Ray, (both deceased). 

Educational Background 

Faison High School (Valedictorian); St. 
Mary's College; University of North 
Carolina at Chapel Hill (A.B. in Music); 
Teacher's College, Columbia University, 
New York (M.A. in Music). 

Professional Background 

Courier, Educational Travel Associates 
(escorted European tours 1952, 1954); 
Assistant Director, YWCA, UNC-Chapel Hill, 1953-55; Assistant to the Chair, 
Department of Internal Medicine, Medical College of Virginia, Richmond 1955-56; 
Secretary, Department of Cultural Resources, 1993-. 

Political Activities 

Chair and Staff Director, N.C. Democratic Party (unpaid) 1976-79; Co-chair, Jim 
Hunt Campaigns for Governor, 1976, 1980, and Senate Campaign, 1984, (unpaid), 
Campaign Volunteer, Jim Hunt for Governor, 1992, Lobbyist (unpaid) for ERA for 
Governor Jim Hunt. 

Boards and Commissions 

Current Posts Held: Board of Directors, Carolina Telephone and Telegraph Company; 
Patron, Friends of the Wilson County Library; Member, Board of Directors, Friends of 
the Hackney Library at Barton College; Member, Children's Trust Foundation, 
Barium Springs Home for Children; Board of Directors, N.C. Institute of Medicine; 
Board of Directors, Agency for Public Telecommunications; Member, Information 
Services Management Commission; Member, N.C. School of the Arts Board of 
Trustees (ex-officio); Member, Board of Directors, N.C. Equity; Co-founder and Board 
of Directors, Pine Needles Network; and member, Board of Directors, Imagination 
Solution (Science Museum). Former Posts Held: President, President-elect, First 
Vice-President, Parliamentarian, N.C. Medical Auxiliary; President, N.C. Society of 
Internal Medicine Auxiliary; Regional Chair for the 12-state Southern Region of the 
American Medical Association Auxiliary for Health Careers (one term), Legislation 
(one term), and Health Education (one term) (set programs and implemented pro- 
grams and trained volunteers to run programs); National Volunteer Health Services 
Chair, American Medical Association Auxiliary (supervised all volunteer health ser- 
vices in AMA Auxiliary); AMA Auxiliary Representative to the Council on Voluntary 
Health Organizations; Member, National Board of Directors, AMA Auxiliary; AMA 
Auxiliary Liaison Representative To The AMA Council On Mental Health; Chamber 
Of Commerce Representative to the Wilson Human Relations Commission; Member 
UNC Board of Governors; President, N.C. Museum of History Associates; Member, 
Advisory Budget Commission (first woman) 1981-84; Member, Board of Visitors, 
Wake Forest University School of Law; Member, UNC-Chapel Hill Board of Visitors; 
Member, General Alumni Association of UNC-Chapel Hill Board of Directors and 



The North Carolina Executive Branch 277 

Directors and Chair of the Program Committee; Member, Board of Directors, 
Treasurer.Wilson on the Move; Board of Directors, Wilson Downtown Development 
Corporation. 

Honors and Awards 

Distinguished Alumnae Award, UNC-Chapel Hill, 1993; Recipient of State awards 
from the N.C. Heart Association, N.C. Easter Seal Society, Jaycettes (Women in 
Government Award); Recipient of National Jaycettes (now Jaycee Women) Women in 
Government Award, 1985; Democratic National Convention Delegate 1972, 1988; 
Mid-Term Conference, 1978, National Democratic Conference 1982; Award of Merit 
from Wilson Downtown Business Association; Listed in Who's Who, Who's Who in 
American Politics, Who's Who in the South, Who's Who in American Women. 

Publications 

"When the Physician Needs Help" — a study of physician suicide. Facets, 1971; 
"History ofTB in North Carolina," N.C. Medical Society History. 

Personal Information 

Married, John McCain of Wilson. Children: Paul Pressly McCain III and Mary Eloise 
McCain; four granddaughters. Member, First Presbyterian, Wilson; former Sunday 
School teacher; Ruling Elder; former Deacon and Chair of Finance Committee; 
Member of Finance Committee and Chancel Choir. 



278 North Carolina Manual 

DEPARTMENT OF CULTURAL RESOURCESi 



SECRETARIES 

Name Residence Term 

Samuel T. Ragan 2 Moore 1972-1973 

Grace J. Rohrer 3 Forsyth 1973-1977 

Sara W. Hodgkins 4 Moore 1977-1985 

PatricG. Dorsey 5 Craven 1985-1993 

Betty R. McCain 6 Wilson 1993-Present 

!The Executive Organization act, of 1971 created the "Department of Art, 
Culture and History," with provisions for a "Secretary" appointed by the governor. 
The Organization Act of 1973 changed the name to the "Department of Cultural 
Resources." 

2 Ragan was appointed by Governor Scott. 

3 Rohrer was appointed on January 5, 1973, by Governor Holshouser to replace 
Ragan. 

4 Hodgkins was appointed on January 10, 1977, by Governor Hunt to replace 
Rohrer. 

5 Dorsey was appointed January 7, 1985, by Governor Martin to replace 
Hodgkins. 

6 McCain was appointed January 11, 1993 to replace Dorsey. 



The North Carolina Executive Branch 279 



THE DEPARTMENT OF COMMERCE 



When it was established as The department promotes a wide 

part of the State Government variety of opportunities to improve 

Reorganization Act of 1971, the economy of the entire Tar Heel 

the Department of Commerce consist- State, rural and urban areas alike, 

ed almost entirely of regulatory agen- Promoting tourism, exporting, film 

cies and the Employment Security production, downtown revitalization 

Commission. and industry recruitment are some of 

While those responsibilities con- the areas for which DOC is responsi- 

tinue to be a very important part of ble. 

DOC's role in state government, the Ultimately, the department's 

department over the years has evolved goal is to improve quality of life for 

into the state's lead agency for eco- all North Carolinians by creating 

nomic and community development, more, better and diverse jobs. 

Office of the Secretary 

A secretary, appointed by the governor, heads the Department of 
Commerce. A deputy secretary and two assistant secretaries help with the 
department's operations. Four other areas are housed in the Office of the 
Secretary: 

Legislative Affairs: The department's legislative liaison coordinates 
and tracks legislation pertaining to the department and is responsible for 
administrative operations of the department's boards and commissions. 

Public Affairs: The Public Affairs Office informs the media and the 
public about the happenings of the department through press releases, news 
conferences and responses to direct inquiries. 

Publications: The Publications Office produces and oversees written 
and visual materials for the department and serves as liaison with the state 
publications clearinghouse, which distributes all publications to the state's 
depository libraries. 

Sports Development: The Sports Development Office works with local 
groups, other state agencies and sports organizations to attract amateur and 
professional sporting events to North Carolina. The office also promotes 
recreational activities statewide. 

Office of the Deputy Secretary 

The Deputy Secretary directly oversees the following economic 
development divisions: 



280 North Carolina Manual 

Business I Industry Development Division: The Business/Industry 
Development Division leads North Carolina's business and industrial recruit- 
ment efforts. Based in Raleigh, its staff works closely with other public and 
private development organizations to attract new industries to the state. In 
addition, the division's retention and expansion program — designed to 
encourage existing North Carolina companies to stay here and grow here — 
operates out of nine regional offices to ensure better service and equal access 
to companies throughout the state. 

The Business/Industry Development Division also is responsible for 
recruiting foreign-owned firms to the state and operates offices in Dusseldorf, 
Hong Kong, Tokyo and Toronto. And, in response to the increased number of 
inquiries the division has received from companies located on the West 
Coast, North Carolina's first out-of-state US office opened in California in 
late 1993. 

Film Office: The Film Office promotes North Carolina as a site for 
motion picture, television and commercial production activity. The Film 
Office staff works closely with film producers, crews, studio managers and 
others to keep movie making in North Carolina practical, pleasant and prof- 
itable. 

Finance Center: To help businesses that want to locate or expand oper- 
ations in the Tar Heel State, the Commerce Finance Center administers a 
variety of economic development financing programs: the Industrial Building 
Renovation Fund, the Basic Building Fund and the Community Development 
Block Grant program for economic development projects. The agency also 
administers Industrial Revenue Bonds and the Job Creation Tax Credit, 
which is designed to spur job creation in the state's 50 most economically dis- 
tressed counties. 

GTP Marketing Division: Marketing and industrial recruitment for 
the Global TransPark are the responsibility of the GTP Marketing Division. 
The office provides both client-specific and general information about the 
project. 

International Trade Division: The International Trade Division is 
responsible for the state's foreign trade activities, and its primary goal is to 
help small and mid-sized firms market their products overseas through its 
Export Outreach program, Trade Events program, and the Shared Foreign 
Sales Corporation program. The division shares offices abroad with the 
Business/Industry Development Division. In early 1994, the division opened 
an office in Mexico City that focuses solely on trade between Latin America 
and North Carolina. 

Division of Travel and Tourism: The Division of Travel and Tourism 
promotes North Carolina as a vacation destination to travelers worldwide in 
an effort to increase travel expenditures, create additional employment and 



The North Carolina Executive Branch 281 

strengthen the overall economy of the state. The division's advertising and 
marketing programs are designed to promote the state's geographical beauty, 
mild climate and special attractions. 

Assistant Secretary for Administration 

The Assistant Secretary for Administration manages all fiscal, personnel, 
information services and executive aircraft operations for the department. 

Assistant Secretary for Community Development 

Division of Community Assistance: The Division of Community 
Assistance has a threefold mission. First, it administers the federally funded 
Small Cities Community Development Block Grant program, which assists 
low- and moderate-income North Carolinians through the creation of jobs, 
housing and improved infrastructure. CDBGs are awarded to local govern- 
ments on a competitive basis. Next, it administers the state's Main Street 
program, which helps communities revitalize their downtowns. Finally, staff 
planners in the division's seven regional offices assist local governments with 
other planning needs, such as annexations and zoning regulations. 

Division of Employment and Training: The Division of Employment 
and Training administers North Carolina's share of federal Job Training 
Partnership Act funds. Economically disadvantaged people, people laid off 
from work, and people with serious barriers to employment are trained for 
jobs, or retrained for a different kind of job, through JTPA programs. 

The Employment and Training Division also is designated as the state's 
Dislocated Worker Unit. This means it receives notice of all plant closings 
and mass layoffs in the state to ensure timely implementation of the 
Economic Dislocation and Worker Adjustment Assistance Act, the Trade 
Adjustment Assistance Act and the Worker Adjustment and Retraining 
Notification Act. 

Energy Division: The Energy Division is the state's official source for 
energy planning and management, energy information and energy technical 
assistance. As such, the Energy Division provides the governor and the 
Energy Policy Council with support and recommendations on energy policy 
and legislation. The division's key responsibilities include promoting renew- 
able energy and energy efficiency in every sector of the economy, preparing 
energy forecasts and updating and developing North Carolina's energy emer- 
gency plans. 

Regulatory Agencies 

The Department is responsible for providing a stable economic climate 
through the regulation and supervision of key segments of the business com- 
munity. This includes protecting the public from unethical and illegal busi- 
ness practices in the following areas: 



282 North Carolina Manual 

Alcoholic Beverage Control Commission: The Alcoholic Beverage 
Control Commission is responsible for controlling all aspects of the sale and 
distribution of alcoholic beverages in North Carolina. The state's system is 
unique among the 50 states because 155 county and municipal ABC boards 
are responsible for the sale of alcoholic beverages statewide. There are 385 
ABC stores in North Carolina. In each case, a vote of the people was required 
to establish the system. 

Banking Commission: The Banking Commission regulates and super- 
vises the activities of the banks and their branches chartered under North 
Carolina law. The commission is responsible for the safe conduct of business; 
maintenance of public confidence; and the protection of the banks' depositors, 
debtors, creditors and shareholders. Commission staff conducts examinations 
of all state-chartered banks and consumer finance licensees; processes appli- 
cations for new banks and branches of existing banks and all applications for 
licenses. In addition, the commission supervises the state's bank holding 
companies, money transmitters, mortgage bankers and mortgage brokers, 
tax refund anticipation lenders, and reverse mortgage lenders. 

Burial Commission: The Burial Commission supervises and audits the 
nearly 200 North Carolina mutual burial associations, which have approxi- 
mately 290,000 members. A mutual burial association is a nonprofit corpora- 
tion that pays a limited amount toward burial expenses. 

Cemetery Commission: The Cemetery Commission licenses and regu- 
lates the activities of cemetery companies that own or control cemetery land 
and conduct the business of a cemetery. The Commission's primary function 
is to conduct examinations of all licensed cemeteries to establish compliance 
with the N.C. Cemetery Act. The commission also licenses cemetery sales 
and management organizations, cemetery brokers and individual pre-need 
cemetery sales people. 

Credit Union Division: The Credit Union Division supervises and reg- 
ulates the operations of the 145 state-chartered credit unions, which serve 
over 750,000 members. Its staff conducts annual examinations of all credit 
unions to ensure their safety and soundness. 

Industrial Commission: The Industrial Commission administers the 
Workers' Compensation Act; the state Tort Claims Act; and the Law 
Enforcement Officers', Firemen's and Rescue Squad Workers' Death Benefit 
Act; and the Childhood Vaccine-Related Injury Compensation Program. 

Rural Electrification Authority: The Rural Electrification Authority 
oversees the state's electric membership corporations and telephone mem- 
bership corporations to see that they apply their rules and regulations on a 
non-discriminatory basis. The REA also acts as ombudsman for member 
complaints and as the liaison between the membership corporations and the 



The North Carolina Executive Branch 283 

U.S. Rural Electrification Administration for federal loans. All loan applica- 
tions must be approved by the state REA before they will be considered by 
the federal agency. 

Savings Institutions Division: The Savings Institutions Division reg- 
ulates and supervises savings and loan associations and savings banks char- 
tered under North Carolina law. Its principal functions are the chartering, 
supervision and examination of all such institutions and the processing of 
applications for new charters, charter changes, new branches, branch reloca- 
tions, mergers and acquisitions. 

Utilities Commission: The Utilities Commission regulates utility 
rates. It also investigates customer complaints regarding utility operations 
and services. The seven-member commission has jurisdiction over public 
electric, telephone, natural gas, water and sewer companies, passenger carri- 
ers, freight carriers and railroads. 

Utilities Commission Public Staff: The Utilities Commission Public 
Staff is a non-regulatory agency that represents customers in rate cases and 
other utilities matters. This independent staff appears before the commission 
and the appellate courts as an advocate of the consuming public. 

Employment Security Commission 

The North Carolina Employment Security Commission administers the 
state's employment service and unemployment insurance programs, and it 
prepares labor market information. 

The Employment Service provides job placement services - interviewing, 
counseling, testing, job development and referrals - to all members of the 
public. Specialized services are available for the handicapped, the elderly, 
youth, veterans, and seasonal farm workers. 

The Unemployment Insurance program provides benefits to workers 
unemployed through no fault of their own. The ESC determines entitlement 
to benefits and makes payments to eligible claimants. 

Labor Market Information compiles data on employment and unemploy- 
ment regarding wages and projected occupational needs. The information is 
used primarily by government officials and employers. 

To reach ESC call 919/733-7546. 

Related Agencies 

Several agencies receive budget appropriations through the Department 
of Commerce while maintaining their independence. 

The N.C. Biotechnology Center and MCNC are two research and develop- 
ment agencies that are partners with the department in statewide economic 
development. 

The Rural Economic Development Center, which focuses on the economic 
development of rural communities, is another important member of that 
partnership. 



284 North Carolina Manual 

State Ports Authority 

North Carolina operates state ports at Wilmington and Morehead City. It 
leases a small harbor at Southport as well as space in Charlotte and 
Greensboro for intermodal terminals. Ships from around the world deliver 
and pick up goods at the two deep-water seaports. Under the direction of the 
State Ports Authority Board of Directors, of which the secretary of commerce 
is an ex-officio member, the Ports Authority staff promotes the use of the 
ports, oversees construction at the ports, and operates ports services. 

Wanchese Seafood Industrial Park 

Wanchese Seafood Industrial Park, located in Dare County, was estab- 
lished to promote and support the state's seafood industry. The state leases 
sites in the park to companies whose products are seafood- or marine-related. 

Boards and Commissions 

Cape Fear Navigation and Pilotage Commission 

Community Development Council 

Economic Development Board 

Employment Security Commission Advisory Council 

Energy Policy Council 

Entrepreneurial Development Board 

Morehead City Navigation and Pilotage Commission 

N.C. Mutual Burial Association Commission 

N.C. National Park, Parkway and Forest Development Council 

N.C. Seafood Industrial Park Authority 

N.C. Small Business Council 

N.C. Sports Development Commission 

N.C. State Ports Authority 

N.C. Travel and Tourism Board 

For Further Information 

(919) 733-4962 

Employment Security Commission: (919) 733-7546 



The North Carolina Executive Branch 



285 




S. Davis Phillips 
Secretary of Cornrnerce 

Early Years 

Born in High Point, N.C. 

Educational Background 

Choate Rosemary Hall, Wallingford 
Connecticut; University of North Carolina 
at Chapel Hill. 

Professional Background 

President and Chief Executive Officer, 
Phillips Industries, Inc. (holding company 
for textile manufacturing and factoring ser- 
vices); Partner, Market Square Partnership 
(furniture showrooms, motels, motion pic- 
ture studio). 

Boards and Commissions 

Chair, Wake Forest Babcock School of Management; Vice Chair of the Board of 
Trustees, High Point University; Board Member and Vice President, Bryan Family 
Foundation; Board Member, N.C. School of the Arts Foundation; Board Member, N.C. 
Amateur Sports; Board Member, Old Salem, Inc.; Board Member, Choate Rosemary 
Hall; Board Member, Winston-Salem Symphony; Board Member, Medical Center - 
The Bowman Gray School of Medicine/North Carolina Baptist Hospital, Inc.; Board 
Member, N.C. Arts Advocates Foundation; Board Member, Council of Performance 
Place; Board Member, Furniture Discovery Museum; Past Chair, High Point 
Economic Development Corporation; Past Chair, Piedmont Triad Partnership; Past 
Chair, N.C. Zoological Society; Past Board Member, N.C. Department of 
Transportation; Past Chair, Piedmont Triad Development Corporation. 

Personal Information 

Married; Kay Phillips. Children; Lucy, Bo, Kate, and Lil. Member; Wesley Memorial 
United Methodist Church. 



286 



North Carolina Manual 



DEPARTMENT OF COMMERCEi 



SECRETARIES 



Name Residence 

George Irving Aldridge 2 Wake 

Tenney I. Deane, Jr. 3 Wake 

Winfield S. Harvey 4 Wake 

Donald R. Beason 5 Wake 

Duncan M. Faircloth 6 Wake 

Howard Haworth 7 Guilford 

Claude E. Pope 8 Wake 

James T. Broyhill 9 Caldwell 

Estell C. Lee 10 New Hanover. 

S. Davis Phillips Guilford 



Term 

1972-1973 

1973-1974 

1973-1976 

1976-1977 

1977-1985 

1985-1987 

1987-1989 

1989-1990 

1990-1993 

.1993-Present 



iThe Executive Organization Act of 1971 created the "Department of Commerce," 
with provisions for a "Secretary" appointed by the Governor. The Department of 
Commerce was reorganized and renamed by legislative action of the 1989 General 
Assembly. 

2 Aldridge was appointed by Governor Scott. 

3 Deane was appointed on January 5, 1973, by Governor Holshouser to replace 
Aldridge. He resigned in November, 1973. 

4 Harvey was appointed on December 3, 1973, by Governor Holshouser to replace 
Deane. 

5 Beason was appointed on July 1, 1976, by Governor Holshouser to replace 
Harvey. 

6 Faircloth was appointed on January 10, 1977, to replace Beason. 

7 Haworth was appointed January 5, 1985, to replace Faircloth. 

8 Pope was appointed by Governor Martin to replace Haworth. 

9 Broyhill was appointed by Governor Martin to replace Pope. 

10 Lee was appointed by Governor Martin April 1, 1990 to replace Broyhill. 



The North Carolina Executive Branch 287 

DEPARTMENT OF ENVIRONMENT, HEALTH, 
AND NATURAL RESOURCES 



The N.C. Department of before loggers could ruin it. The leg- 
Environment, Health, and islators created Mount Mitchell 
Natural Resources has a long State Park in response. That same 
and diverse history. When North year federal and state laws were 
Carolina began enforcing game laws passed to protect watersheds and 
in 1738, acting years before state- streams. The Legislature established 
hood became a fact, the process the North Carolina Fisheries 
began to form what we know today Commission Board, charging it with 
as the Department of Environment, the stewardship and management of 
Health, and Natural Resources. the state's fishery resources. With 
By 1850 the state had embarked that creation came the power to reg- 
on an ambitious earth sciences pro- ulate fisheries, enforce laws and reg- 
gram to include not only physical sci- ulations, operate hatcheries, and 
ences but also agricultural and silvi- carry out shellfish rehabilitation 
cultural functions. In 1823, the activities. 

North Carolina Geological Survey By 1925 the North Carolina 

was formed, later expanded, and in Geological and Economic Survey 

1905 renamed the N.C. Geological moved another step in its eventual 

and Economic Survey — the forerun- progression to the present-day orga- 

ner organization to the Department nization. It became the Department 

of Environment, Health, and Natural of Conservation and Development, 

Resources. consolidating and encompassing 

State direction on environmental many natural resource functions, 

matters picked up speed as the 20th The focus was on geology, but many 

Century dawned. As early as 1899, other associated natural resource 

the State Board of Health was given functions also grew. Although the 

some statutory powers over water Depression slowed business at all 

pollution affecting sources of domes- levels, the public programs, such as 

tic water supply. The power to con- the Civilian Conservation Corps 

trol the pollution of our waters has (CCC), were a boon to the natural 

remained constant since. resource programs of the state. More 

The state employed its first grad- than 76,000 CCC workers fanned out 

uate forester in June of 1909, leading across the state, constructing fire 

to the creation of the North Carolina towers, bridges, erosion control 

Forest Service (known today as the dams, buildings, planting trees and 

Division of Forest Resources) in 1915 fighting forest fires. Many of the 

with a single purpose — to prevent facilities in our state parks built by 

and control wildfires. the CCC are still in use today. 

In that same year the system of The Division of Forest Resources 

state parks also was born, when established its nursery seedling 

Governor Locke Craig moved the program in 1924, adding its manage- 

Legislature to save Mount Mitchell ment branch in 1937 and creating a 



288 North Carolina Manual 

State Parks Program as a branch The N.C. 1951 State Stream 

operation in 1935. A full-time Sanitation Act (renamed in 1967 as 

Superintendent of State Parks was the Water and Air Resources Act) 

hired and the stage was set for parks became the bedrock for today's com- 

to develop into Division status by plex and inclusive efforts to affect 

1948. our water resources and an impor- 

All across the spectrum of state tant part of the legal basis for today's 

government, growth was evident in water pollution control program. It 

the first three decades of the 1900's. established a pollution abatement 

Interest declined in geology and min- and control program based on classi- 

eral resources, which had begun the fications and water quality stan- 

organizational push in the first dards applied to the surface waters 

place. Geological and mineralogical of the state. 

investigations at both federal and By 1959, the General Assembly 

state levels were poorly supported had created the Department and 

financially. From 1926-1940, the Board of Water Resources, moving 

Division of Mineral Resources was the State Stream Sanitation 

literally a one-man show, operated Committee and its programs into the 

by the State Geologist. new Department. By 1967, it had 

The war years (1938-1945) pro- become the Department of Water 

vided new impetus for that segment and Air Resources, remaining active 

of the environment. The need for in water pollution control and adding 

minerals to meet wartime shortages a new air pollution control program, 

gave new lifeblood to geological and The Division of Forest Resources 

mineral resources in North Carolina. expanded its comprehensive services 

An ambitious cooperative effort during the 1950-1970's, as did many 

was undertaken by the state and the of the state agencies concerned with 

U.S. Geological Survey in 1941, the growing complexity of environ- 

beginning with a ground water mental issues. The nation's first 

resources study. That effort contin- Forest Insect and Disease Control 

ued through 1959, when the Program was set up within the 

Department of Water Resources was Division in 1950, the Tree 

formed. 1941 had also witnessed a Improvement Program began in 

far-ranging study by the state of 1963, the Forestation Program was 

geology and mineral resources in the added in 1969, and the first 

western regions of North Carolina in Educational State Forest became 

cooperation with the Tennessee operational in 1976. 

Valley Authority. For the first half of this century, 

A long legislative struggle that our state parks grew simply by the 

lasted three full sessions of the generosity of public spirited citizens. 

General Assembly brought the Appropriations for operations were 

state's first comprehensive, modern minimal until the State Parks 

water pollution control law in 1951. Program was established within the 

The cornerstone of North Carolina's N.C. Forest Service in 1935. The 

early 19th Century effort to affect parks were busy sites for military 

our environmental lifestyle - water camps in the 1940's, but isolated 

and geology - were coming into focus leisure spots for most of the years, 

at the same time. The growth in attendance, and 



The North Carolina Executive Branch 289 

a corresponding need for more agencies, boards and commissions to 

appropriations to serve that the department, including the func- 

growth, surfaced in the early 1960's tions of the old Department of 

and continues today. The 1963 State Conservation and Development. As 

Natural Areas act guaranteed that some of the titles changed and some 

future generations will have pockets of the duties of old agencies were 

of unspoiled nature to enjoy. The combined or shifted, the stage was 

1965 Federal Land and Water set for the 1977 Executive Order 

Conservation Fund required the which created the Department of 

state to have a viable plan for park Natural Resources and Community 

growth. Development. That brought together 

The General Assembly pumped not only the growing community 

new financial life into the state park development programs, but pulled 

system with major appropriations in the always popular North Carolina 

the 1970's for land acquisition and Zoological Park (created in 1969 and 

operations. By the mid-1980's, park expanded continuously since) and 

visitation was surpassing six million the Wildlife Resources Commission 

a year, facilities were being taxed to under the Natural Resources and 

the limit, and a new era of parks Community Development umbrella, 
expansion and improvements was During the mid-1980's however, a 

beginning. growing need developed to combine 

In the 1960's, the need to protect the interrelated natural resources, 

fragile resources was evident on sev- environmental and public health regu- 

eral fronts. The Division of Geodetic latory agencies into a single depart- 

Survey began in 1959, the Dam ment. With the support of the 

Safety Act was passed by the Administration, the General Assembly 

General Assembly in 1967, and passed legislation in 1989 to combine 

North Carolina became the first elements of the Department of Human 

state to gain federal approval of its Resources and the Department of 

Coastal Management Program with Natural Resources and Community 

the 1974 passing of the Coastal Area Development into a single Department 

Management Act. By the early of Environment, Health, and Natural 

1970's, the state's involvement in Resources. 

natural resource and community Three of the old NRCD divisions 

lifestyle protection bore little resem- (Community Assistance, Economic 

blance to the limited structure of Opportunity, and Employment and 

state organizations of the late 1800's. Training) transferred to other 

The Executive Organization Act of departments. The remaining divi- 

1971 placed most of the environmen- sions were combined with the Health 

tal functions under the Department of Services Division from the N.C. 

Natural and Economic Resources. Department of Human Resources to 

That Act transferred 18 different form the new agency. 



290 North Carolina Manual 



Office of the Secretary 

Perhaps no other state agency equals the complexity of responsibilities 
nor deals more directly with the public than does the Department of 
Environment, Health, and Natural Resources. Its day-to-day operations 
touch the lives of North Carolinians constantly, from the quality of water 
coming out of a faucet to how many campsites are available at a state park. 

The Department's work is carried out by nearly 3,800 employees. The 
majority of Department personnel are located in Raleigh, but those working 
"in the field" must be stationed at specific sites to serve the public and pro- 
tect our state's natural resources. 

Policy and administrative responsibility for the far-flung operations of 
the Department rests with a Secretary, appointed by the Governor. Working 
with the Secretary to oversee the Department's divisions and offices is a 
Deputy Secretary and Assistant Secretaries for four broad service areas — 
Environmental Protection, Natural Resources, Health, and Administration. 

Also within the office of the Secretary are: 

Office of the General Counsel: The Office of the General Counsel pro- 
vides legal opinions and advice to divisions in the Department, negotiates 
settlement agreements, reviews and evaluates the legal aspects of 
Department activities and programs, conducts all personnel case appeals, 
and administers enforcement actions taken by the department. 

Office of Public Affairs: Public Affairs provides graphic art, publica- 
tion, photographic and writing/editing services for the department and its 
divisions, and informs the public about the programs of the department and 
the services available. 

Office of Legislative Affairs: Legislative Affairs is the department's 
liaison with the North Carolina General Assembly. Part if its role is to moni- 
tor proposed legislation and the work of the legislative study and research 
committees and commissions to ensure adequate representation of the 
department's interest. 

Office of Policy Development: Policy Development conducts research 
and analysis for natural resource, environmental, and health policy develop- 
ment. The office also coordinates the department's compliance with the 
National Environmental Policy Act, the North Carolina Environmental 
Policy Act, and the North Carolina Administrative Procedures Act. 

Albemarle-Pamlico Estuarine Study: The Albemarle-Pamlico 
Estuarine Study was created to evaluate the water quality of the sounds, 
their living resources, and to develop strategies for managing and improving 
the environmental quality of the sounds. 

Office of Environmental Education: Environmental Education 
serves as a clearinghouse for environmental education information at the 



The North Carolina Executive Branch 291 

state level, coordinates department environmental education programs and 
activities, and supports the North Carolina "Keep America Beautiful" program. 

Regional Offices: Seven strategically located regional offices serve as 
home base for staff members from several divisions of the department, par- 
ticularly those with regulatory authority. The regional offices allow the 
department to deliver its program services to citizens at the community 
level. Regional offices are in Asheville, Fayetteville, Mooresville, Raleigh, 
Washington, Wilmington and Winston-Salem. 

Assistant Secretary for Environmental Protection 

Coastal Management Division: Coastal Management is responsible 
for carrying out the provisions of the N.C. Coastal Area Management Act. It 
processes major development permits, reviews all dredge and fill permit 
applications, and determines consistency of state and federal grants and pro- 
jects which are part of the N.C. Coastal Management Program. 

Environmental Management Division: Environmental Management 
is responsible for the comprehensive planning and management of the state's 
air, surface water and groundwater resources. The division issues permits to 
control sources of pollution, monitors permitted facility compliance, evalu- 
ates environmental quality, and pursues enforcement actions for violations of 
environmental regulations. 

Land Resources Division: Land Resources is responsible for protect- 
ing and conserving the state's land, minerals and related resources. Its pro- 
grams relate to sedimentation pollution control, mine land reclamation, dam 
safety, land records management, geodetic survey, and mineral resources 
conservation and development. 

Radiation Protection Division: Radiation Protection administers a 
statewide radiation surveillance and control program. Their goal is to assess 
and control radiation hazards to the public, workers, and the environment 
through licensing, regulating, registering and monitoring radiation facilities. 

Solid Waste Management Division: Solid Waste Management admin- 
isters programs to regulate and manage hazardous and solid waste disposal 
to protect the public health. Programs consists of Hazardous Waste, Solid 
Waste, and the Superfund. 

Water Resources Division: Water Resources conducts programs for 
river basin management, water supply, water conservation, navigation, 
stream clearance, flood control, beach protection, aquatic weed control, 
hydroelectric power and recreational uses of water. 

Office of Waste Reduction: Waste Reduction coordinates the state's 
waste reduction efforts. It offers technical assistance and policy support to 



292 North Carolina Manual 

industries, local governments and state agencies in reducing waste. The 
Pollution Prevention Program and the hazardous waste minimization and 
solid waste recycling programs are the core elements of the Office. 

Assistant Secretary for Natural Resources 

Forest Resources Division: Forest Resources is the lead agency in 
managing, protecting and developing the forest resources of the state. The 
division carries out programs of forest management, assistance to private 
landowners, reforestation, forest fire prevention and suppression, and insect 
and disease control. 

Parks and Recreation Division: Parks and Recreation administers a 
statewide system of park and recreation resources. It manages state parks, 
state natural areas, state recreation areas, state trails, state lakes, and nat- 
ural and scenic rivers. 

Soil and Water Conservation: Soil and Water Conservation adminis- 
ters a statewide program for conservation of the state's soil and water 
resources. It serves as staff for the state's Soil and Water Conservation 
Commission and assists the 94 local soil and water conservation districts and 
their state association. 

Zoological Park Division: The North Carolina Zoo offers a public dis- 
play of representative species of animal and plant life from the various land 
and sea masses of the world. It provides educational and research opportuni- 
ties. The Zoo maintains a program for the conservation, preservation and 
propagation of endangered and threatened plant and animal species. 

Marine Fisheries Division: Marine Fisheries establishes and enforces 
rules governing coastal fisheries. It conducts scientific research as a basis 
for regulatory and developmental decisions and conducts programs to 
improve the cultivation, harvesting and marketing of shellfish and fish. 

N.C. Museum of Natural Science: The Museum promotes the impor- 
tance of the biodiversity of the state and the Southeastern United States by 
collecting, preserving and displaying the natural resources of North 
Carolina. It offers educational exhibits and programs for children, teachers, 
adults and families to preserve the natural history of our state. 

The N.C. Aquarium: The N.C. Aquariums promote public appreciation 
of the cultural and natural resources of coastal North Carolina. There are 
three N.C. Aquarium's located at Pine Knoll Shores, Fort Fisher, and on 
Roanoke Island. 

Assistant Secretary for State Health 
Adult Health Promotion Division: Adult Health Services' responsibil- 
ity is to decrease premature morbidity and mortality among adult North 



The North Carolina Executive Branch 293 

Carolinians by fostering health promotion and disease prevention activities. 
A few of the programs include Kidney Disease and Cancer treatment, 
migrant health, and environmental, community and personal health 

strategies. 

Dental Health Services Division: Dental Health provides preventive 
dental and educational services to the citizens of North Carolina. It stresses 
that primary care should be provided by private providers. When such care is 
not available, the office assists local communities to initiate programs to pro- 
vide dental services. Program activities range from school water fluoridation 
to preventive dental health for children. 

Environmental Health Division: Environmental Health (Public 
Water Supply, Pest Management, Environmental Community Health) is 
responsible for the protection of the public health through the control of envi- 
ronmental hazards which cause human illnesses and disease or which may 
have a cumulative adverse effect on human health. Its programs include the 
protection of the public water supplies, wastewater management, and shell- 
fish sanitation. 

Epidemiology Division: Epidemiology deals with the incidences, distri- 
butions and control of disease in a population. It monitors environmental and 
other factors that affect the public health and develops measures to reduce or 
eliminate these factors. Program examples include communicable disease 
control, tuberculosis control and occupational health. 

Laboratory Services Divisions: Laboratory Services provides testing 
services and is the primary laboratory support for local health departments. 
Its tests include Clinical Chemistry, Hematology, Cancer Cytology, 
Environmental Microbiology and Chemistry. 

Maternal and Child Health Division: Maternal and Child Health is 
responsible for assuring, promoting and protecting the health of families. 
The emphasis is on women of child-bearing age, on children and on youth. 
Program examples include Family Planning, Maternal and Child Care, and 
Developmental Disabilities. 

Office of Post Mortem Medicolegal Examination: The Medical 
Examiner System is a statewide public service organization providing health 
benefits to the state's citizens. The Medical Examiner System responds to 
death-whether by criminal act or default, by suicide, of an inmate of any 
penal institution, or death under any suspicious, unusual or unnatural cir- 
cumstances or without medical attendance. 

Office of Public Health Nursing: The Office of the Chief Nurse coor- 
dinates public health nursing services with Local Health Departments and 
the statewide public health nursing programs to ensure safe, legal practices 
by qualified public health nurses. 



294 North Carolina Manual 



Office of Health Education: Health Education provides department- 
wide services in developing health education strategies for environmental, 
community, and personal health programs. This unit has graphic art and 
media relations capabilities. 

Office of Minority Health: Minority Health coordinates the public 
health system's efforts to improve the health status of North Carolina's 
racial and ethnic minority populations. The office works closely with depart- 
ment divisions that have major health programs. Its staff maintains liaison 
with other state and federal health agencies, local health departments, vol- 
unteer health organizations and community-based health groups. 

Governor's Council on Physical Fitness and Health: The Council on 
Physical Fitness and Health promotes activities, programs and projects to 
improve the physical fitness levels of all North Carolinians. It assists in 
organizing community-level fitness programs, provides speakers, and coordi- 
nates public awareness of physical fitness. 

Office of Local Health Services: Local Health Services advises local 
public health agencies, boards of health, county governments, public health 
administrators and educational institutions on operations of health delivery 
systems. It also serves as the focus for forms management for the depart- 
ment's health divisions and is the fiscal intermediary for Medicaid funds. 

Assistant Secretary for Administration 

Computer Systems Division: Computer Systems supports the depart- 
ment's mainframe computer applications, manages the communication net- 
work, serves as the liaison to the State Information Processing Services for 
mainframe application development, and provides support for personal com- 
puters and mainframe applications. 

Fiscal Management Division: Fiscal Management provides support 
and services to the divisions in travel, invoice processing, budget manage- 
ment, capital projects, payroll and time sheet reporting. 

General Services Division: General Services is responsible for the 
department's procurement policy. It provides support services to the divi- 
sions on purchases and contracts, real property matters and other adminis- 
trative services. 

Personnel Division: The Personnel Division is responsible for all per- 
sonnel management functions within the department including compliance 
with all state and federal laws and regulations and promoting a quality 
workforce of permanent and temporary employees. 

Budget, Planning and Analysis Division: Planning and Assessment 






The North Carolina Executive Branch 295 

supports the department with issue development, long-range planning and 
policy coordination through information gathering and research, and 
supports the department's budget process. 

Statistics and Information Services Division: Statistics and 
Information Services is the state's focal point for developing and maintaining 
statewide health and environmental statistics data on births, deaths, fetal 
deaths and hospital resources are available through annual publications, 
special research and statistical reports. It also houses the State's geographic 
information system which maintains a database of natural and cultural 
resource information. 

Wildlife Resources Commission: The Wildlife Resources Commission 
is a semi-autonomous agency that manages and protects all wildlife in the 
state, conducting restoration programs for endangered species of wildlife and 
restocking game fish in state waters. It is responsible for boating safety and 
boat registration, construction of boat access areas on lakes and rivers, and 
hunter safety programs. The Commission conducts an extensive environmen- 
tal education program for the state's school age population. A cadre of 
wildlife officers patrols the state's waters, and the Commission issues per- 
mits to hunt and fish in the state's water and land areas. 

Boards and Commissions 

Advisory Medical Committee 

Agriculture and Forestry Awareness Legislative Study Commission 

Agriculture Legislative Review Committee 

Agriculture Task Force 

Agriculture Technical Review Committee 

Air Quality Compliance Advisory Panel 

Anatomy, Commission of 

Atlantic States Marine Fisheries Commission 

Cervical Cancer, Task Force on Reduction of 

Child Fatality Task Force, North Carolina 

Coastal Resources Advisory Council 

Coastal Resources Commission 

Energy Policy Council (Economic and Community Development) 

Environmental Management Commission 

Fire and Rescue Commission, State (Insurance) 

Forestry Advisory Council 

Genetic Engineering Review Board (Agriculture) 

Governor's Waste Management Board 

Hazardous Waste, Inter-Agency Committee on 

Health Policy Information, Council on 

Health Services, Commission for 

Low-Level Radioactive Waste, Inter-Agency Committee on 

Management Council, Governor's (Administration) 

Marine Fisheries Commission 

Medical Evaluation Consultant Panel 

Medical Review Board 

Mining Commission 



296 North Carolina Manual 

Minority Health Advisory Council 

Natural Heritage Advisory Committee 

Ocean Affairs, North Carolina Council on (Administration) 

On-Site Wastewater Systems Institute Board, of Directors (N.C. Septic Tank 

Association) 

Parks and Recreation Council 

Pesticide Advisory Committee (Agriculture) 

Pesticide Board, North Carolina (Agriculture) 

Petroleum Underground Storage Tank Funds Council 

Physical Fitness and Health, Governor's Council on 

Radiation Protection Commission 

Recreation and Natural Heritage Trust Fund Board of Trustees 

Rendering Plant Inspection Committee (Agriculture) 

Sanitarian Examiners, State Board of 

Sedimentation Control Commission 

Sedimentation Education Committee 

Sedimentation Technical Advisory Committee 

Sickle Cell Syndrome, Council on 

Soil and Water Conservation Commission 

Southeastern Interstate Forest Fire Protection Compact Advisory Committee 

Trails Committee, North Carolina 

Water Pollution Control System Operators Certification Commission 

Water Treatment Facility Operators Certification Board 

Zoological Park Council 

Authorized by Secretary of Department G.S. 113A-223 

Aquatic Weed Council 

Dental Public Health Residency Advisory Committee 

Forms Committee for Local Health Departments 

Geological Advisory Committee 

Governor's Cup Billfishing Series 

Neuse-White Oak Citizen Advisory Committee 

Scientific Advisory Board on Toxic Air Pollutants, Secretary's 

Roger G. Whitley Audio-Visual Library Advisory Committee 

Authorized by Executive Order 

Geographic Information Coordinating Council 

Injury Prevention, Governor's Task Force on 

Health Objectives for the Year 2000, Governor's Task Force on 

Other Boards and Commissions 

APES Albemarle Citizens Advisory Committee 

APES Pamlico Citizens Advisory Committee 

APES Policy Committee 

APES Technical Committee 

Mining Commission Education Committee 

Parent Advisory Council 

Zoo Society 

For Further Information 

(919) 715-4102 



The North Carolina Executive Branch 



297 



Jonathan B. Howes 

Secretary of Environment, Health, 
and Natural Resources 




Early Years 

Born in Knoxville, Tennessee, April 12, 
1937, to Robert and Margaret Howes. 

Educational Background 

B.A. Degree in History, Wittenberg 
University, Springfield, Ohio, 1959; Master 
of Regional Planning, The UNC-Chapel 
Hill, 1961; Master of Public Administration, 
Harvard University, 1966. 

Professional Background 

Director and Research Professor, Center for 

Urban and Regional Studies, Department of City and Regional Planning, University 
of North Carolina at Chapel Hill, June, 1970 - January 1993; Director, Urban Policy 
Center, Urban American, Inc. and the National Urban Coalition, Washington, DC, 
January 1969-June 1970; Deputy Director, Program Development Staff, Office of the 
Assistant Secretary for Model Cities and Government Relations, US Department of 
Housing and Urban Development, Washington, DC, January 1968-January 1969; 
Director, State and Local Planning Assistance, Office of the Assistant Secretary for 
Metropolitan Development, US Department of Housing and Urban Development, 
Washington, DC, July 1966-January 1968; Urban Planner, Urban Renewal 
Administration, Housing and Home Finance Agency, Washington, DC, 1961-1965. 

Boards and Commissions 

National Association of Regional Councils, 1981-91, President, 1986-87; North 
Carolina League of Municipalities, 1978-91, President, 1986-87; Board of Directors, 
Public Technology, Inc.; Triangle J. Council of Governments, 1975-91, Chair, 1987-90; 
Orange Water and Sewer Authority, 1975-78, Chair, 1977-78; Triangle Transit 
Authority, 1990-93. 

Organizations 

President, Public-Private Partnership of Orange County, 1990-93; Board of Directors 
and Executive Committee on Greater Triangle Community Foundation, 1990-; Chapel 
Hill Rotary Club, 1980-Present. 

Political Activities 

Secretary, N.C. Department of Environment, Health and Natural Resources, 1993-; 
Mayor, town of Chapel Hill, 1987-91; Council member, town of Chapel Hill, 1975-87. 

Honors and A wards 

Fellow and Trustee, National Academy of Public Administration, elected 1986; 
Honorary Member, Council of State Planning Agencies, elected 1972; Listed in 
Outstanding Young Men in America, 1970; Career Education Award, National 
Institute of Public Affairs, 1965-66. 

Personal Information 

Married, Mary F. Cook, August 23, 1959. Children: Anne, Mary Elizabeth and 
Robert. Lector, Holy Trinity Lutheran Church, Chapel Hill. 



298 North Carolina Manual 



DEPARTMENT OF ENVIRONMENT, HEALTH AND 
NATURAL RESOURCESi 



SECRETARIES 

Name Residence Term 

Roy G. Sowers 2 Lee 1971 

Charles W. Bradshaw, Jr.3 Wake 1971-1973 

James E. Harrington 4 Avery 1973-1976 

George W. Little 5 Wake 1976-1977 

Howard N.Lee 6 Orange 1977-1981 

Joseph W. Grimsley 7 Wake 1981-1983 

James A. Summer 8 Rowan 1984-1985 

S. Thomas Rhodes 9 New Hanover 1985-1988 

William W. Cobey, Jr. 10 Rowan 1989-1993 

Jonathan B. Howes Orange 1993-Present 

iThe Executive Organization Act, passed by the 1971 General Assembly, created 
the "Department of Natural and Economic Resources" with provisions for a 
"Secretary" appointed by the governor. The 1977 General Assembly took further steps 
in government reorganization. The former Department of Natural and Economic 
Resources became the Department of Natural Resources and Community 
Development. NRCD was reorganized and renamed by legislative action in the 1989 
General Assembly. 

2 Sowers was appointed by Governor Scott and served until his resignation effec- 
tive November 30, 1971. 

3 Bradshaw was appointed by Governor Scott and served until his resignation in 
1973. 

4 Harrington was appointed on January 5, 1973, by Governor Holshouser to 
replace Bradshaw. He resigned effective February 29, 1976. 

5 Little was appointed on March 1, 1976, by Governor Holshouser to replace 
Harrington. 

6 Lee was appointed on January 10, 1977, by Governor Hunt to replace Little. He 
resigned effective July 31, 1981. 

7 Grimsley was appointed on August 1, 1981, to replace Lee. He resigned effective 
December 31, 1983. 

8 Summers was appointed on January 1, 1984, by Governor Hunt. He resigned 
effective January 5, 1985. 

9 Rhodes was appointed January 7, 1985, by Governor Martin to replace 
Grimsley. 

10 Cobey was appointed by Governor Martin in January, 1989. 



The North Carolina Executive Branch 299 



DEPARTMENT OF HUMAN RESOURCES 



As the largest provider of care of children at an early stage of 
human services in state gov- development, 
ernment, the Department of The department is a service orga- 
Human Resources is committed to nization which delivers services 
improving the quality of life for the through a complex infrastructure 
citizens of North Carolina who are including psychiatric hospitals, men- 
most vulnerable and most in need, tal retardation centers, juvenile 
The department's primary mission is detention centers, juvenile training 
to plan and deliver services to older schools, schools for the blind and 
adults; at-risk children; and individ- visually impaired, schools for the 
uals with physical and mental dis- deaf and hard of hearing, and treat- 
abilities, including those with severe ment centers for substance abusers, 
and persistent mental illness, devel- Through the administration of over 
opmental disabilities, and substance 500 programs which potentially 
abuse problems. Other important affect most citizens in North 
services are those directed toward Carolina, the department seeks to 
children, youth and families which ensure geographic and economic 
are provided through the Early access to quality, affordable health 
Childhood Initiative, a public-private care for the diverse and multi-cultural 
partnership which is designed to client population it serves, 
ensure support for the health and 

Office of the Secretary 

Appointed by the Governor, the Secretary is recognized as the depart- 
ment's chief executive officer and has statutory authority to plan and direct 
its programs and services. Key staff in the Secretary's Office include the 
Deputy Secretary, the Assistant Secretary for Budget and Management, the 
Assistant Secretary for Aging and Special Needs, and the Assistant 
Secretary for Children, Youth and Families. Other important staff reporting 
to the Secretary are the Director of Personnel Services, the Director of 
Legislative and External Affairs, and Director of Policy Development and the 
Director of Public Affairs. 

The Secretary, through key management staff and division/institution 
directors, oversees and manages the department's comprehensive array of 
programs and services which are directed towards special client populations. 
Staff work closely with federal granting agencies, local governments, the 
General Assembly, the judiciary and government officials in the executive 
branch as well. 

Deputy Secretary: As senior member of the Secretary's executive staff, 
the Deputy Secretary advises and assists the Secretary in planning, organizing 
and directing the department's complex array of human services programs. 



300 North Carolina Manual 

The Deputy Secretary reviews proposals for new programs within the depart- 
ment and revisions to existing programs and services; conducts policy 
reviews on major initiatives and issues affecting the department's programs 
and services to citizens; and advises the Secretary on organizational, 
staffing, and program issues. Internal agencies reporting directly to the 
Deputy Secretary include the Council on Developmental Disabilities; the 
Office of Volunteer Development Services; the General Counsel; and the 
Division of Mental Health, Developmental Disabilities and Substance Abuse 
Services. Additionally, the Deputy Secretary has oversight responsibility for 
the programs and services managed by the Assistant Secretary for Children, 
Youth and Families, the Assistant Secretary for Budget and Management, 
and the Assistant Secretary for Aging and Special Needs. 

Assistant Secretary for Aging and Special Needs: The Assistant 
Secretary for Aging and Special Needs is responsible for the following divi- 
sions within the Department of Human Resources: Aging, Services for the 
Blind, Services for the Deaf and Hard of Hearing, Vocational Rehabilitation. 
This office serves as the Secretary's agent for issues involving housing and 
care options for the aged and disabled, long-term care policy and intergenera- 
tional opportunities. 

Assistant Secretary for Budget and Management: The Assistant 
Secretary for Budget and Management is responsible for the overall direc- 
tion, management and supervision of the budget and financial operations, 
information resource management, and the legal service operations of the 
Department of Human Resources. This position serves as a member of the 
Secretary's management team and advises the Secretary on a wide range of 
budget, financial, information system and program issues. 

Assistant Secretary for Children, Youth & Families: The Assistant 
Secretary for Children, Youth & Family has managerial oversight for the 
department's consolidated services directed toward public and private sup- 
port for family-centered services. Through the Governor's Early Childhood 
Initiative and the N.C. Partnership for Children, a joint venture by the pub- 
lic and private sectors, the Assistant Secretary proposes, develops and imple- 
ments policies and programs which ultimately insure that local communities 
can provide health care, early education, and day care services to children. A 
key element of these programs is the support and advocacy for family-cen- 
tered services to eliminate barriers to the successful development of children 
and youth. 

Office of Policy Development and Research 

The Office of Policy Development and Research coordinates the develop- 
ment of a wide range of human and social services policies within the 
Department of Human Resources. These range from early childhood educa- 
tion and family services policies to policies on interagency collaboration and 
the integration of family welfare services and public schooling. The office 



The North Carolina Executive Branch 301 

works with divisions and staff throughout the agency and assists the 
Secretary in developing and implementing key legislative and policy initia- 
tives. 

This office also is responsible for maintaining relations with the N.C. 
Department of Public Instruction and for coordinating DHR's efforts to 
strengthen collaboration with nonprofit agencies and service providers. The 
director of this office represents the Department of the Governor's Policy 
Council and on the Council for Services for Special Needs Children. 

Office of the Controller 

The Office of the Controller is a staff office in the Secretary's office. The 
controller is responsible to the Secretary. The controller's office was estab- 
lished to improve accountability and increase credibility of departmental 
accounting operations. This office manages all accounting and financial 
reporting functions in the department, including payroll, cash receipts, cash 
disbursements, accounts receivable, accounts payable, fixed assets account- 
ing, cost allocation and reimbursement, cash management, accounting sys- 
tems development, internal accounting controls and resolution of financial 
audits. The controller is the department's liaison with the Office of the State 
Controller and Office of the State Auditor. 

Council on Developmental Disabilities 

The Council is a planning body which works to ensure that the state of 
North Carolina responds to the needs of individuals with developmental dis- 
abilities (severe, chronic mental or physical impairments which begin at an 
early age and substantially limit major life activities). The purpose of the 
council is to promote prevention of developmental disabilities; to identify the 
special needs of people with developmental disabilities; and to help meet 
those needs through interagency coordination, legislative action, public 
awareness, and advocacy. 

Office of Legal Affairs 

General Counsel: General Counsel provides legal advice for the 
Secretary. This office serves as the liaison between the Secretary and the 
Attorney General's Office. In addition, the office defends or monitors the 
defense of all lawsuits filed against the Department, the Secretary and 
department employees acting in their official capacity. 

The office is also responsible for review of Administrative Procedures Act 
rules as well as monitoring their implementation. The office also partici- 
pates in policy-making decisions as well as drafting and review of proposed 
legislation. 

Office of Legislative and External Affairs: The Office of Legislative 
and External Affairs is a state office in the Office of the Secretary. It serves 
as the primary point of contact for the Department of Human Resources with 
government agencies and federal agencies as it relates to the Department's 



302 North Carolina Manual 

position on existing programs and proposed initiatives. The sections within 
this office and purpose of each are: Information and Referral, which provides 
information and referral to all citizens and agencies in North Carolina 
throughout the statewide toll-free telephone services known as Care-Line, 
ombudsman for the Department, and provides an educational, outreach com- 
ponent; Governmental Liaison Services, which monitors operations between 
the Department and relevant governmental bodies at the intrastate and 
interstate levels including responsibility for review of federal legislation and 
the grants management process and providing overall policy direction on 
issues/programs which impact the Department's working relationship with 
these levels of government; and Boards, Commissions and Minority Affairs 
which is responsible for insuring all Boards and Commissions are legally con- 
stituted at all times and internal management of minority issues. The 
Director serves as the Chief Legislative Liaison for the Department. 

Office of Public Affairs 

The Office of Public Affairs is the Department's public link with the citi- 
zens of North Carolina providing information through mass media and print- 
ed material on available services and general information. 

Office of Rural Health and Resource Development 

The Office of Rural Health and Resource Development works with local 
and state leaders to design and implement strategies for improving health 
care access for rural residents. The office provides technical and financial 
assistance to under served communities in developing and maintaining pri- 
mary health care centers. In addition, the office assists rural communities in 
recruiting physicians, nurse practitioners, physician assistants, and nurse 
midwives and provides technical assistance to small rural hospitals. 

Office of Volunteer Development Services 

The Office of Volunteer Development Services is organized to promote 
volunteerism through effective Volunteer Program Management. The office 
provides technical assistance, consultation, and training to human resources 
agencies throughout the state, while developing policy for volunteer program 
management within the Department of Human Resources. These services 
are provided to any Department of Human Resources agency requesting 
them. Statistical data on volunteer involvement is collected from programs 
in each Division by this office. Information and assistance for statewide 
recognition is also provided by this office. All matters relating to volun- 
teerism are referred to this office. 

Division of Budget and Analysis 

The Division of Budget and Analysis is a staff division in the Secretary's 
Office. The Division Director is responsible to the Assistant Secretary for 
Budget and Management. The Division addresses the needs of the 



The North Carolina Executive Branch 303 

Department for in-depth and on-going monitoring and analysis of program 
operations and budget utilization. The Division manages the development 
and operation of the Department's budget and provides Departmental ser- 
vices in the area of purchasing and contracts, property management and con- 
trol, and management of special reports and is responsible for aiding in the 
development of department legislative policy and keeping track of all legisla- 
tive action which affects the department's budget. 

Division of Family Development 

The newly created division of Family Development acts as liaison on 
matters affecting families and children between DHR, and other agencies 
and local communities. Its goals are to promote: 1) the concept of family 
centeredness and its application to policy and service delivery in all DHR 
child and family serving agencies and programs; 2) service delivery models 
that address families as a unit by coordinating and integrating services; and 
3) the establishment of support services that enhance the ability of families 
to promote the well-being of their members. 

Office of Economic Opportunity 

The Office of Economic Opportunity administers the federal Community 
Services Block Grant Program that provides funding for programs designed 
to attack the causes and conditions of poverty in the state. Community 
Services Block Grant funds are channeled from the Office of Economic 
Opportunity (OEO) to Community Action Agencies and Limited Purpose 
Agencies located across the state who operate programs in the areas of 
employment, housing, education, income management, information and 
referral, nutrition, emergency assistance, and self sufficiency. OEO also 
administers the North Carolina Community Action Partnership Program, 
state-funded companion program to the Community Services Block Grant 
Program, and several other federal and state grant programs designed to 
assist low-income citizens and the homeless. Citizen involvement, especially 
of the poor, is a key ingredient in the operation of each of the office's pro- 
grams. 

Office for Family Centered Services 

The Office for Family Centered Services promotes and supports the coor- 
dination of activities and resources across divisions to accomplish the depart- 
ment's objectives to strengthen and expand family-centered services in the 
child welfare, mental health and juvenile correction systems. In particular, 
the office is responsible for developing and implementing the Statewide 
Family Preservation Services Program mandated by the 1991 General 
Assembly, and for supporting the work of the Advisory Committee on 
Family-Centered Services. 



304 North Carolina Manual 

The Division of Information Resource Management 

The Division of Information Resource Management provides consultation 
and technical support for the department's use of automation to facilitate 
service delivery. The division develops, maintains and operates automated 
application systems, and assists DHR agencies in acquiring and using appro- 
priate technologies. The division ensures that automation activities comply 
with applicable federal and state automation policies, procedures, and stan- 
dards, and incorporate good professional practices. The division also pro- 
vides leadership for the department in the areas of automation policy devel- 
opment, technical architecture definition, automation planning, project man- 
agement and quality assurance. 

Division of Personnel Management Services 

The Division of Personnel Management Services provides consultation 
and technical guidance to departmental management at all levels through an 
integrated network of personnel staff assigned to division and institution set- 
tings across the state. The Division plans, organizes and administers com- 
prehensive programs in public personnel administration to include position 
management, compensation, employee benefits, policy administration, 
employee wellness/EAP programs, workplace safety and health, worker's 
compensation, employee and management development, performance man- 
agement, organizational development, affirmative action and equal opportu- 
nity programs, and employee relations. Through a Memorandum of 
Understanding with the N.C. Office of State Personnel, the Division delegat- 
ed authority for the independent administration of most personnel programs 
and services. Division staff administer these programs for 127,700 depart- 
mental employees in divisions and institutions throughout the state as well 
as through regional personnel management staff serving local government 
employees in public health, social services and mental health. 

Division of Aging 

The Division of Aging funds programs for older adults in North Carolina 
with federal and state grants, and advocates for the special needs of all older 
North Carolinians. The principal officer of the Division is the Director who is 
appointed by the Secretary of Human Resources. It includes a central office 
staff which administers its programs through 18 area agencies on aging who 
provide grants to each county for service. The major thrust of the Division is 
to assist older adults in maintaining their independence and to have lifestyle 
choices. 

Division of Services for the Blind 

The Division's objectives are to prevent blindness, restore vision and to 
provide services which compensate for the loss of vision. The principal officer 
of the Division is the Director who is appointed by the Secretary of the 
Department of Human Resources. 



The North Carolina Executive Branch 305 

The Division's Medical/Eye Care Program provides eye examinations, eye 
glasses, surgery and/or treatment to eligible individuals throughout the 
state. For those whose vision cannot be restored, Independent Living 
Services are provided so they may continue to live in their home or communi- 
ty. These services include orientation and mobility, braille, typing, home- 
making and personal adjustment instruction. 

Those blind and visually impaired individuals who desire employment 
are provided Vocational Rehabilitation Services which include skills that 
enable a person to enter the job market. These skills include instruction in 
operating concession stands. When a person cannot work and needs care, 
financial assistance is available to meet rest home costs. 

The Division operates the N.C. Rehabilitation Center for the Blind which 
provides adjustment services to help compensate for the loss of vision. The 
Division also operates a comprehensive Evaluation Unit for pre-vocational 
and vocational evaluations. 

The Governor Morehead School in Raleigh is a residential/day school pro- 
gram for the visually impaired. The academic program is designed for legally 
blind students who cannot receive appropriate instruction in their home com- 
munities. The Governor Morehead School also functions as a statewide 
resource center to public school programs and the community. The school 
offers evaluation and diagnostic services, in-service training, and general 
consultation and works in conjunction with local education agencies to 
ensure appropriate educational placement of children. 

Division of Child Development 

The Division of Child Development administers a variety of early child- 
hood programs which provide secure environments for young children and 
foster positive child development and growth. 

The Division administers the Smart Start initiative, the program assur- 
ing every child access to high quality early childhood education and other 
services to ensure that all children come to school healthy and ready to learn. 
The Division provides technical assistance and support services to county 
teams which design and oversee the system of services for young children 
and their families, and funding for the delivery of services, according to the 
county's approved plan. 

The Division is responsible for the regulation of child day-care centers 
and homes, including the investigation of reports of child abuse or neglect in 
day-care arrangements. The Division's child-care consultants do on-site 
monitoring, provide technical assistance, and take corrective action, when 
necessary. The Division also provides administrative support to the Child 
Day Care Commission, which is responsible for the promulgation of rules for 
the licensure of child day-care centers and homes. 

North Carolina's subsidized child-care program is administered by the 
division. A variety of state and federal funds are made available to county 
departments of social services and some other local agencies to pay all or 
part of the cost of day care for eligible children. Low-income parents who 
work or attend school are eligible for child care assistance, as are some chil- 
dren in need of protective or other special services. 



306 North Carolina Manual 

The division is responsible for coordinating the training of personnel who 
work in early childhood education programs and for providing information 
about early childhood issues to parents and the general public. The division 
develops policy and manages funds for a variety of projects which enable 
local and regional agencies to provide training opportunities and public infor- 
mation. Some of these projects include child-care resource and referral ser- 
vices, consumer education materials, scholarships and stipends for child-care 
teachers, and conferences and workshops for programs which serve special 
populations. 

Additionally, the division manages the Head Start-State Collaboration 
Project, a partnership between the state and the local Head Start programs 
for the purposes of facilitating the involvement of Head Start in the develop- 
ment of policies and programs which affect the Head Start population. It 
helps to build more integrated and comprehensive service delivery systems to 
improve the quality of programs and facilitate access to services by Head 
Start families, and encourages local collaboration between Head Start and 
other programs. 

Finally, the division provides staff and administrative support to the 
North Carolina Interagency Coordinating Council The purpose of the 
Council is to assure state-level coordination and statewide availability of 
comprehensive services for children with special needs and their families. 
The Council provides leadership to the local interagency coordinating coun- 
cils, which design and coordinate services for children with disabilities with- 
in each county. 

Division of Services for the Deaf and the Hard of Hearing 

The Division of Services for the Deaf and the Hard of Hearing is respon- 
sible for the operation of six regional resource centers for the deaf and hard 
of hearing strategically located in Asheville, Charlotte, Morganton, Wilson, 
Raleigh, and Wilmington. The Division is also responsible for the operation 
of three residential/day school programs for the deaf located in Morganton, 
Greensboro, and Wilson. 

The Regional Resource Centers provide individual and group counseling, 
contact services, information and referral services, technical assistance to 
other agencies and organizations, orientation to deafness training, advocacy 
for persons who are deaf or hard of hearing and those who are deaf with one 
or more other handicaps, and for interpreter services to access local services. 
The Centers also promote public awareness of the needs of, and resources 
and training opportunities available to persons who are deaf or hard of hear- 
ing. 

The residential/day school programs for the deaf provide preschool 
through high school education for students up to 21 years of age. Each of the 
schools also operates preschool satellite programs which serve deaf and hard 
of hearing children under five years of age in a network of community based 
classes throughout the state. Additionally, the schools for the deaf have 
developed special services for multi-handicapped students. These students 
have one or more disabilities in addition to their hearing loss. 



The North Carolina Executive Branch 307 

The N.C. Schools for the Deaf also function as regional resource centers 
to public school programs and the community. The schools offer evaluation 
and diagnostic services, in-service training, and general consultation. All 
three schools work in accord with local education agencies to ensure appro- 
priate educational placement of deaf and hard of hearing children. 

The Division participates in an early detection of deafness system 
through its BEGINNINGS for Parents of Hearing Impaired Children 
Program, intermediate parents training in the preschool program, and a con- 
tinuing of services after school straight into the community services pro- 
gram. 

The Division is responsible for the management of the 
Telecommunications Devices for the Deaf (TDD) special equipment distribu- 
tion program to eligible hearing and speech impaired persons ages 7 and 
over. Such equipment includes TDD communication units which allow deaf 
and speech disabled persons to communicate over the telephone with others 
who have similar units, telephone ring signal units, and special telephone 
amplifiers for hard of hearing persons. 

The Division also conducts an interpreter assessment program to evalu- 
ate the competencies of such interpreters and to certify them according to 
such competencies so they may serve as interpreters for persons who are deaf 
and heard of hearing covering a wide range of situations. 

The Division provides staff and administrative support to the N.C. 
Council for the Deaf and Hard of Hearing which has responsibility in review- 
ing existing state and local programs for persons who are deaf or hard of 
hearing and to make recommendations to the Department of Human 
Resources and the Division for improvements of such programs or the need 
for new programs or services. 

The principal officer of the Division is the Director, who is appointed by 
the Secretary of the Department of Human Resources. 

Division of Facility Services 

The Division of Facility Services is composed of eight major sections: 
state medical facilities planning, certificate of need, construction, medical 
licensure, certification, domiciliary and group care, jails and administrative 
services. 

The State Medical Facilities Planning Section provides staff to the State 
Health Planning Coordinating Council and develops the State Medical 
Facilities Plan which is produced annually to determine need for instruction- 
al health services, certain health services and equipment. 

The Certificate of Need Section reviews proposals under the certificate of 
need statute submitted by health-care facilities for any capital expenditures 
new institutional health service or certain medical equipment. This review 
has an expressed intent by law to control costs to ensure that only needed 
facilities and/or health-care services and equipment are offered. Without an 
approved certificate of need, new construction, renovation, establishment of a 
new institutional health service, or purchase of equipment can not take 
place. 



308 North Carolina Manual 

The Construction Section is responsible for reviewing plans of and 
inspecting health and social care facilities to assure that they are safe and 
functional. 

The Medical Licensure Section inspects and licenses under Medical Care 
Commission rules health-care facilities, including hospitals, nursing homes, 
home-health agencies, home-care agencies and other related health services 
or facilities for the facilities for the health and safety of residents. It also 
develops and proposes needed new rule-making or revisions or deletions. 

The Emergency Medical Services Section has established and maintains 
programs for the improvement and upgrading of pre-hospital emergency 
medical care throughout the state, including inspection of ambulances and 
certification of emergency medical services personnel. 

The Certification Section certifies under federal regulations various 
health-care facilities and services for reimbursement for the Medicare and 
Medicaid programs. This is done, in part, through contracts with the federal 
government and with the Division of Medical Assistance. 

The Domiciliary and Group Care Section is responsible for licensing, 
enforcing and inspecting under the Social Services Commission rules of 
Family Care Homes and Homes for the Aged in cooperation with local 
departments of social services to assure the safety and well-being of resi- 
dents. This section is also responsible for various types of training and policy 
or rule development for domiciliary care homes. Also, the section inspects 
and licenses mental health facilities in accordance with the Mental Health 
Commission rules. 

The Jails Section is responsible for the semiannual inspection of local 
confinement facilities and the enforcement of rules governing these facilities. 

The Administrative Services Section with the Division Office provides 
support services such as purchasing, information systems, mail services, 
budgeting, coordination of rule-making activities, grants management and 
processing declaratory rulings or waivers of certain rules. 

The Division of Facility Services is also responsible for the licensure of 
agencies soliciting charitable contributions, and registration of bingo games. 

Division of Medical Assistance 

The Division of Medical Assistance is responsible for managing the 
state's Medicaid program. This includes policy development, eligibility 
requirements, provider enrollment, fraud and abuse, quality control, claims 
processing and utilization review. The claims processing function is per- 
formed under contract by a fiscal agent secured via competitive bid process. 
Counties perform the eligibility determination functions under state supervi- 
sion. 

To qualify, a citizen must meet financial need requirements and must 
also meet categorical conditions. Categorical conditions include residence in 
the state, United States citizenship or residence under provisions of immi- 
gration laws, and sufficient membership in one of the state's coverage 
groups. The groups covered include low income Medicare members, persons 
age 65 and above, persons who are disabled or blind, dependent children 



The North Carolina Executive Branch 309 

under age 21, children in foster care or adoptive placements, caretaker rela- 
tives of children under age 18 and pregnant women. 

Low Income Medicare members are entitled to Medicaid payment for 
their Medicare premiums, deductibles and coinsurance charges. A pregnant 
woman may receive prenatal care services and other Medicaid services need- 
ed for conditions that may complicate her pregnancy. Other Medicaid partici- 
pants are entitled to all Medicaid services covered by the program including 
physician services, eye care, dental, home health, inpatient hospital as well 
as outpatient nursing home and prescriptions. 

Federal, State and County governments share in the costs of this pro- 
gram. In the 1992 Fiscal Year, approximately 760,000 Medicaid recipients 
received medical services at a cost of $2.5 billion. 

Division of Mental Health, Developmental Disabilities and 

Substance Abuse Services 

This division provides services for the mentally ill, the developmentally 
disabled, the alcoholic and the drug abuser. Programs are under the supervi- 
sion of the Director of the Division, who is appointed by the Secretary of 
Human Resources. 

The organization includes a central office staff and 15 residential facili- 
ties. Residential care and treatment are offered at four regional psychiatric 
hospitals, five centers for developmentally disabled, three alcoholic rehabili- 
tation centers, a special care facility, and two reeducation programs for emo- 
tionally disturbed children and adolescents. 

A major thrust of this Division's programs is community services. There 
are 41 area mental health, developmental disabilities, and substance abuse 
programs serving all 100 counties in the state and offering a wide variety of 
services-out-patient treatment, day programs, emergency care, partial hospi- 
talization, local inpatient services, and consultation and education. 
Additional group homes for the developmentally disabled and emotionally 
disturbed continue to be developmentally disabled and emotionally disturbed 
continue to be developed. Sheltered workshops provide training opportuni- 
ties and day activity programs, and halfway houses help to serve people in 
their home communities. These programs are operated by local area boards, 
a group of citizens appointed by county commissioners and charged with 
planning and operating services to meet local needs. 

The Commission for Mental Health, Developmental Disabilities and 
Substance Abuse Services, consisting of 26 members, 22 appointed by the 
Governor and 4 by the Legislature, has the power and duty to adopt rules 
and regulations to be followed in the conduct of Division programs. Also the 
Commission reviews Division plans and advises the Secretary of Human 
Resources. 

Its programs are administered through a network of unit, sub-unit, and 
facility offices throughout the State. 



310 North Carolina Manual 

Division of Social Services 

The Division of Social Services works to promote and deliver services to 
children to help them become productive citizens, to enhance community 
alternatives to institutional care so the elderly may remain in their homes as 
long as possible, and to provide public assistance to eligible persons who need 
help with obtaining shelter, food, energy and personal needs. 

North Carolina has a state-supervised/counter-administered social ser- 
vices system. The Division supervises the administration of public assistance 
programs including Aid to Families with Dependent Children, Food Stamps, 
Low Income Energy Assistance, State-County Special Assistance, and Foster 
Care and Adoption Assistance payments. The Division also administers 
social services programs. These include the provision of in-home services, 
protective services for adults and children, adoptions, foster care, and many 
other supportive services. 

The major priority for services to children is the prevention of problems. 
Emphasis is on strengthening protection for children vulnerable to depen- 
dency, neglect and abuse with continuing emphasis on permanency planning 
for foster children to ensure permanent homes for them. In addition, empha- 
sis is placed on the provision of family-centered services to reduce out-of- 
home placement for children and enable families to remain intact. For 
adults, the priority is in-home aid, homemaker, home-delivered or congregate 
meals, and adult day care. There is increasing demand for protective services 
for the frail elderly and other disabled adults. 

The Division also serves North Carolina in other ways. The Child 
Support Enforcement program collects money from absent parents for sup- 
port of their minor children. The federal Job Corps Recruitment Program 
offers deprived young people between the ages of 16 and 21 the opportunity 
to receive skills training, basic education and counseling. The Job 
Opportunities and Basic Skills Training (JOBS) Program, created by the 
Family Support Act of 1988, enables AFDC recipients to obtain the education 
and training needed to find and retain employment. Finally, through an 
agreement with the Social Security Administration, Disability Determination 
Services makes medical decisions on disability applicants for Social Security 
Disability and Supplemental Security Income. 

Division of Vocational Rehabilitation Services 

The division has responsibility for vocational rehabilitation of individuals 
who have a substantial physical, emotional, or mental handicaps that pre- 
vents them from being employed. There must be an expectation that the 
individual will benefit in terms of becoming employable. 

An individual may still refer to Vocational Rehabilitation or may be 
referred by doctors, schools, or other agencies or individuals. 

For those eligible, Vocational Rehabilitation provides a comprehensive 
program of diagnosis, medical treatment, restoration, prosthetic and hearing 
aid appliance, counseling, training at colleges, technical schools and shel- 
tered workshops, and job placement. The Division also has a staff of special- 
ly trained rehabilitation engineers to deal with accessibility, job and home 



The North Carolina Executive Branch 311 

modification, and transportation problems. Almost any goods and services 
necessary to render a handicapped person employable can be provided. The 
division also administers an independent living rehabilitation program for 
severely handicapped individuals who cannot necessarily achieve a 
Vocational goal, but who need services in order to live independently. 

Division of Youth Services 

The Division of Youth Services is responsible for operating the state's 
five training schools for delinquent children (ages 10-17), and six state- 
owned detention centers; for providing funding and technical assistance to 
community-based programs; for developing a one-on-one volunteer program; 
and for managing the therapeutic camping program including the four 
Eckerd Wilderness Camps. The principal officer of the division is the direc- 
tor, who is appointed by the Secretary of the Department of Human 
Resources. 

The emphasis of the division are prevention, treatment and education. 
Community-based alternative programs serve as options to training schools 
for children ages 10-17 who are in trouble with the law, or in danger of get- 
ting into trouble. These options include specialized foster care, emergency 
shelter care, group homes, counseling, volunteer and recreational therapeu- 
tic counseling. 

The division's One-on-One Volunteer Program is designed to provide an 
opportunity for each youth (ages 10-17) who comes to the attention of the 
courts to have a caring adult volunteer with whom he or she can develop and 
maintain a meaningful relationship. 

The four Eckerd Wilderness Camps provide treatment for children ages 
10-15 who have behavioral problems, and/or who are in conflict with the law. 
This program serves children who cannot function in a normal community, 
school or family setting. 

The division's five training schools serve children ages 10-17. Four of the 
schools are regional centers and accept youths found to be delinquent by the 
courts. They include Dobbs School in Kinston, Stonewall Jackson School in 
Concord, the Juvenile Evaluation Center in Swannanoa, and Samarkand 
Manor in Eagle Springs. The fifth school, C.A. Dillon in Butner, is the most 
secure campus. 

The Juvenile Evaluation Center, Samarkand Manor, and C.A. Dillon are 
co-educational while the other training schools work with males. 

Boards and Commissions 

Governor's Advisory Council on Aging 

Council on Alcohol and Drug Abuse Among Children & Youth 

Women's Committee on Alcohol and Drug Abuse 

Alternative Health Programs 

Commission for the Blind 

Butner Planning Commission 

C A. Dillon Advisory Committee 



312 North Carolina Manual 

Child Day Care Commission 

Child Care Resources and Referral Advisory Council 

Consumer Advocacy Advisory Committee for the Blind 

Council for the Deaf and Hard of Hearing 

Developmental Disabilities Council 

Dobbs School Advisory Council 

Emergency Medical Services Advisory Council 

Advisory Committee on Family Centered Services 

Governor Morehead School Board of Directors 

State Health Coordinating Council 

Holocaust Council 

Home and Community Care Advisory Committee 

Human Rights Committees State Psychiatric Hospitals, State 

Developmentally Disabled Centers, State Alcohol and Drug Awareness 

Treatment Centers, and Governor Morehead School 

Independent Living Rehabilitation Advisory Committee 

Governor's Interagency Advisory Team 

Interagency Coordinating Council 

Jail Standards Task Force 

JEC Advisory Council 

Medical Care Advisory Committee 

Medical Care Commission 

Commission for Mental Health, Developmental Disabilities, and Substance 

Abuse Services 

Mental Health Planning Council 

Penalty Review Committee 

Pitt County Nursing Home Community Advisory Committee 

Professional Advisory Committee 

Advisory Committee on Rehabilitation Centers for the Physically Disabled 

State Refugee Program Advisory Council 

Samarkand Advisory Committee 

Drug Use Review Board 

Child Fatality Task Force 

Domiciliary Care Issues, Task Force 

Regional Juvenile Detention Center Advisory Councils: Cumberland, 

Gaston, New Hanover, Pitt, Wake and Wilkes 

Vocational Rehabilitation Business and Consumer Advisory Council 

Interagency Coordinating Council for the Homeless 

State Advisory Committee on Rehabilitation 

N.C. Head Start Collaboration Project Advisory Council 



For Further Information 



(919) 733-4534 
Careline: (800) 662-7030 






The North Carolina Executive Branch 
C Robin Britt, Sn 



313 




Secretary of Human Resources 

Early Years 

Born June 29, 1942. 

Educational Background 

New York University, 1976, LLM Degree in 
Taxation; UNC, Chapel Hill, 1973, J.D. 
Degree; UNC, Chapel Hill, 1963, B.A. in 
English. 

Professional Background 

Secretary, N.C. Department of Human 
Resources. 

Orga n iza tions 

Former founder, President and Member of Board of Directors of Project Uplift, Inc.; 
Former member, U.S. House of Representatives, 98th Congress; Former partner in 
law firm of Smith, Helms, Mulliss, and Moore; Former member of the following: 
Greensboro Visions Task Force Monitoring Committee on Early Childhood Education; 
Greensboro Public Schools Preschool Task Force; Director of Early Childhood 
Initiative, Inc.; Director of Children's Home (Winston-Salem); Chair for the Guilford 
County Commission on the Needs of Children; Director of Human Service Institute; 
Honorary Chair, Community Project sponsored by Greensboro Board of Realtors and 
Women's Council of Realtors; United Negro College Fund; Chosen as one of the 
Outstanding Young Men of America by the National Jaycees. Member of the N.C. 
Partnership for Children. 

Boards and Commissions 

Member of the following: Governor's Advocacy Council for Persons with Disabilities; 
Advisory Committee on Family Centered Services; Aging Study Commission; 
Association Juvenile Compact Administrators; Board of Advisors, N.C. School of 
Public Health; N.C. Center for Public TV; Cities in Schools Board Initiation; 
Committee on Home Community Based Care (Aging); Cooperative Planning 
Consortium of Special Ed; Governor's Crime Commission; Council on Developmental 
Disabilities; Disability Review Commission; Domiciliary Home Advisory Council; 
Energy Assurance; Education, Health and Human Rights; Farm Workers Council; 
Commission on the Family; Governor's Advisory Council on Literacy; Genetic 
Engineering Review Board; Governor's Commission on Workforce Preparedness; 
Commission on Indian Affairs; Institute of Medicine, Board of Director; Interagency 
Advisory Team on Drug and Alcohol Abuse; Interagency Comprehensive Pre-School 
Planning Committee; Interagency Coordinating Council; Interagency Coordinating 
Council for Handicapped Children from Birth to Five Years of Age; Joint Conference 
Committee of the N.C. Medical Society; JOB Training Council, N.C; Juvenile Justice 
Committee; Medical Database Commission; Mental Health Planning Council; Make A 
Wish Foundation Invitation; National Technical Advisory Panel of the Early 
Education and Care Leadership Development Project; N.C. Child Fatality Task Force; 
N.C. Fund for Children and Families Commission; Planning Liaison Coordinating 



314 North Carolina Manual 

State Planning and Budget; Social Services Study Commission; Southern Growth 
Policies Board; State Vocational Education Planning and Coordinating Committee. 

Political Activities 

Secretary, Department of Human Resources, 1993-present; Member, U.S. House of 
Representatives, 98th Congress, 1983-85; Delegate to Democratic National 
Convention, 1980 and 1984; Chair, Guilford County Democratic Party, 1979-81; Co- 
Chair, Richardson Preyer for Congress, 1978; President, Guilford County Young 
Democrats, 1977; Chair, 31st Democratic Precinct, 1977-79; Democratic Party State 
Executive Committee, 1977-81. 

Military Service 

Retired Captain in the U.S. Naval Reserves; President, Old North State Chapter of 
Naval Reserve Association, 1979-80; Armed Force Expeditionary Medal for service off 
the coast of Vietnam, 1965. 

Personal Information 

Married, former Susan Thomas. Children: Elizabeth, Robin, Jr., and David. 
Member: Irving Park United Methodist Church. 



The North Carolina Executive Branch 315 



DEPARTMENT OF HUMAN RESOURCES* 

SECRETARIES 

Name Residence Term 

Lenox D. Baker 2 Durham 1972-1973 

David T. Flaherty 3 Wake 1973-1976 

Phillip J. Kirk, Jr. 4 Rowan 1976-1977 

Sarah T. Morrow 5 Guilford 1977-1985 

Lucy H. Bode 6 Wake 1985 

Phillip J. Kirk, Jr. 7 Rowan 1985-1987 

PaulKayye 8 Wake 1987 

David T. Flaherty9 Wake 1987-1993 

C. Robin Britt, Sr Guilford 1993-Present 

x The Executive Organization Act of 1971 created the "Department of Human 
Resources" with provisions for a "Secretary" appointed by the governor. 

2 Baker was appointed by Governor Scott. 

3 Flaherty was appointed on January 5, 1973, by Governor Holshouser to replace 
Baker. He resigned in April, 1976. 

4 Kirk was appointed on April 6, 1976, by Governor Holshouser to replace 
Flaherty. 

5 Morrow was appointed on January 10, 1977, by Governor Hunt to replace Kirk. 

6 Bode was appointed effective January 1, 1985 and served until Kirk was 
appointed. 

7 Kirk was appointed January 7, 1985, by Governor Martin. He resigned effective 
March 2, 1987 to become Chief of Staff to the Governor. 

8 Kayye served as interim secretary between March 2 and April 8, 1987. 

9 Flaherty was appointed April 8, 1987 to replace Kirk. 



316 North Carolina Manual 



The Department of Revenue 



Considerable public dissatisfac- had demonstrated that an income 
tion with North Carolina's tax tax such as that enacted in 1921 
structure and recommenda- could not be effectively enforced 
tions for substantial reforms by at without centralized administration, 
least two study groups culminated in In recognition of this, the new law 
a constitutional amendment in 1920 was assigned to the Tax Commission 
authorizing the enactment of a net for administration, 
income tax and providing for the The principal function of mem- 
elimination of the property tax as a bers of the Tax Commission was 
source of state revenue. The General to serve as the Corporation 
Assembly enacted a comprehensive Commission, which regulated public 
net income tax in 1921 which was utilities. Because of the bifurcation 
effective for the 1921 income year. of the Commission's responsibilities, 
Prior to the enactment of the the General Assembly in the closing 
income tax, the administration of the days of the 1921 Session created the 
state tax laws was dispersed among Department of Revenue, headed by a 
several state agencies. The state gen- Commissioner of Revenue, to assume 
eral property tax was administered the responsibility of State revenue 
by county officials, subject to the administration, enforcement and col- 
supervision of the Tax Commission, lection. The new Department had the 
The Tax Commission also assessed distinction of being the first such 
the tangible property of railroads department in the United States, 
and public service companies and the The inheritance tax unit and the 
"corporate excess" of all corporations franchise and corporation tax assess- 
with the values certified to counties ment units were transferred from 
for local taxes and to the State the Tax Commission, and the 
Auditor for state taxes. The State Department became responsible for 
Auditor billed each corporation for administering the new income tax. 
the property tax due the State based The Department of Revenue was 
on these values and for the franchise organized in May 1921, with only 
tax due. The taxes due from corpora- sixteen persons on the payroll. An 
tions were paid directly to the State income tax unit was organized in 
Treasurer. If payments were not October. The average number of 
made by the due date, the Treasurer employees for the 1921-22 fiscal year 
notified the Auditor, who was was only thirty. The cost of operation 
responsible for taking the necessary was $87,125 and collections amount- 
legal steps to enforce payment. The ed to $3,120,064 from income and 
inheritance tax was administered by inheritance taxes, 
clerks of Superior Court under the In 1923 the assessment and 
supervision of the Tax Commission, collection of the franchise tax were 
Fees for automobile licenses were transferred from the State Auditor 
collected by the Secretary of State. and the Treasurer to the Department 
The experience of other states of Revenue, and collection of 



The North Carolina Executive Branch 317 

Schedule B license taxes became the and oil inspection unit of the N.C. 

responsibility of the Department. Department of Agriculture was 

Previously, the license taxes had moved to the N.C. Department of 

been collected by the county sheriffs Revenue. 

or tax collectors. A license tax divi- In 1935 the Highway Patrol was 

sion and a field forces division were expanded, a driver's license law was 

organized. enacted, and the Motor Vehicle 

Two acts of the General Bureau was divided into two divi- 

Assembly in 1925 further expanded sions: a Division of Highway Safety 

the Department. The Motor Vehicle (including the Highway Patrol, the 

Bureau of the Department of State, Driver's License Unit, and a Radio 

which administered automobile Unit) and the Motor Vehicle Bureau, 

license taxes, the gasoline tax, and Each division had a director who 

the bus and truck franchise tax, was reported directly to the Commissioner 

transferred to the Department of of Revenue. 

Revenue. In addition, the collection The General Assembly enacted 
of taxes on insurance companies was the intangible personal property tax 
transferred to the Department, in 1937 pursuant to a constitutional 
although the tax liability was deter- amendment adopted in 1936, permit- 
mined by the Commissioner of ting classification of property by the 
Insurance. General Assembly, with different 

The Motor Vehicle Bureau was classes of property being treated dif- 
placed under a deputy commissioner ferently. Intangible property was the 
and remained separate from the rest only classification made initially, 
of the Department of Revenue. The Such property was to be taxed exclu- 
Bureau was composed of the regis- sively by the state. Half of the pro- 
bation unit, the theft unit, the gaso- ceeds were to be distributed to coun- 
line tax unit, and branch offices. The ties, cities, and towns. (The local 
division of accounts, the supplies share has been increased over the 
office, and the cashier's office served years until, at present, over 93 per- 
both the Motor Vehicle Bureau and cent is distributed to local govern- 
the revenue units. The cost of operat- ments.) A gift tax was also enacted to 
ing the Bureau was paid from the complement the inheritance tax. The 
Highway Fund and the remainder of intangibles tax was placed in the 
the Department of Revenue was franchise tax unit and later a sepa- 
financed from the General Fund. rate intangibles tax division was cre- 

No further changes of any signif- ated. 

icance were made until 1933 when a Prior to 1939 a new revenue act 

general sales tax and a beverage tax was adopted each biennium. A per- 

were enacted. A new unit was creat- manent act was enacted in 1939, 

ed to administer the sales tax and requiring no action by subsequent 

the administration of the beverage sessions of the General Assembly 

tax was placed in the license tax unless the existing act was amended, 

unit. The Highway Patrol was The 1939 act, as amended, remained 

transferred from the Highway in effect until 1989 when major 

Department to the N.C. Revenue changes were made by the General 

Department and assigned to the Assembly. As enacted, the permanent 

Motor Vehicle Bureau. The gasoline Revenue Act of 1939 included a use 



318 North Carolina Manual 

tax to complement the sales tax. employees to an average of 312 in 

During the 1930's the N.C. the 1942-43 fiscal year. 
Department of Revenue grew rapidly No significant changes were 
because of the acquisition of new made in the responsibilities or orga- 
units, notably the Highway Patrol, nization of the Department for sever- 
and the increase in the number of al years after the changes were 
tax returns handled. enacted in 1941. Tax rates, deduc- 
The Highway Safety Division tions and exemptions were altered, 
was engaged in law enforcement and but these changes did not materially 
its activities were unrelated to the affect the day-to-day operations of 
collection of revenue. As the size of the Department. The only new taxes 
this activity increased, it became enacted were an excise tax on banks 
apparent that these diverse func- adopted in 1957 as part of a package 
tions should be housed in separate of changes in the Revenue Act recom- 
agencies. In 1941, based on the rec- mended by a Tax Study Commission, 
ommendation of the Governor, a and a cigarette tax and soft drink 
Department of Motor Vehicles was excise tax enacted in 1969 as rev- 
established. The new department enue measures. A local option sales 
received the Division of Highway and use tax was also enacted with 
Safety and all of the activities and the tax being administered by the 
agencies of the Motor Vehicles Department of Revenue. The ciga- 
Bureau except the gasoline tax unit, rette and soft drink taxes were 
The Department of Revenue and the assigned to the Privilege and 
Department of Motor Vehicles con- Beverage Tax Division. The local 
tinued to share certain services. The sales tax was assigned to the Sales 
Department of Revenue's Accounting and Use Tax Division to be adminis- 
Division served both departments as tered in conjunction with the state 
did the supply and service unit of the sales tax as a "piggyback" tax; and 
Department of Motor Vehicles, which the bank excise tax was placed in the 
handled purchasing, mailing, and Corporate Income and Franchise Tax 
mimeographing. Although the gasoline Division. 

tax unit was part of the Department Office space has been a problem 

of Revenue, its operating costs were of the Department for most of its his- 

charged to the Department of Motor tory. When first organized, the 

Vehicles which was financed out of Department occupied the Senate 

the Highway Fund. Chamber of the Capitol, using the 

Another act of the 1941 General chamber proper, the Senate clerk's 

Assembly authorized the separation office, and some small committee 

of a statistical and research unit rooms on the third floor. The 

from the Department of Revenue and Department had to move when the 

the establishment of the Department General Assembly met in 1923 and 

of Tax Research. The Governor did again during the special session of 

not act on this authority for more 1924. The Department moved to the 

than a year, establishing the Agriculture Building before the 1925 

Department of Tax Research on July legislative session. A new building, 

1, 1942. After this separation, the known as the Revenue Building, was 

Department of Revenue was reduced authorized by the General Assembly 

in size from almost 800 permanent during the 1924 Special Session, and 



The North Carolina Executive Branch 319 

was occupied in 1926. Space prob- on tax returns. This device proved 

lems continued, however, as various very effective in discovering cases of 

other state agencies moved into the failure to file returns and instances 

building, and as numbers of tax of understated income. However, for 

schedules, duties, returns and several years the psychological 

employees continued to increase, impact was probably of greater 

Two annexes were occupied in 1948 importance than the actual perfor- 

and a third in 1969. Short-term mance of the data processing unit in 

space is frequently rented to accom- improving taxpayer compliance. In 

modate large numbers of temporary 1958 the two data processing units 

employees during major tax filing were consolidated into a single unit 

periods, and in 1985, the Brown- and established as a new division — 

Rogers Building adjacent to the the Division of Planning and 

Revenue Building was acquired to Processing. 

house the Property Tax Division, and In 1960, the Division began pro- 

a number of other offices of the cessing individual income tax 

Department. refunds on automated equipment. 

Facing critical space problems Additional changes were implement- 

and the need for substantial modern- ed in 1970 with the introduction of 

ization, the legislature gave initial disk storage and in 1972, twenty 

approval to construct a new building data entry terminals were added, 

in 1986. Construction of the new introducing online systems to the 

building at the corner of Polk and division. Online inquiry systems 

Wilmington Streets in Raleigh began were implemented for the Individual 

in February 1990 and was completed Income Sales and Use, Intangibles 

in December 1992 when the depart- and License and Excise Tax 

ment took occupancies. Divisions between 1973 and 1980. 

In 1947 a small data processing An optical character reader was 

unit was set up in the Sales and Use acquired in 1977 to scan hand coded 

Tax Division. The unit used punch auditor adjustment sheets for input 

cards to provide a mailing list of reg- to tax files. The first remote terminal 

istered merchants, to check the was installed in a Revenue Field 

monthly returns for delinquency, to Office in 1984, with micro-computers 

address letters for all delinquent coming into use at about the same 

accounts, and to compile statistical time. By 1991, all field offices in the 

data from monthly returns. In 1949 a state had remote terminals for 

larger unit was added to the Income accessing central computer files of 

Tax Division. It provided mailing the Department and communicating 

lists of individual income taxpayers via electronic mail. In 1985, an auto- 

from which forms were mailed to tax- mated withholding and individual 

payers the following year, provided a income tax accounts receivable system 

register used to locate returns which was implemented, followed in 1986 by 

were then put in "stack" files which a remittance processing unit which 

did not require hand alphabetizing, collects data from tax remittances and 

and aided enforcement of individual transfers it to the Revenue computer 

income tax collections by matching center for processing. During 1986, 

amounts of income reported by the Motor Fuels, Corporate Income 

employers against amounts shown and Franchise, and Inheritance Tax 



320 North Carolina Manual 

Divisions began using online inquiry Highway Funds. The Department 

in their operation, and the Planning also collects and distributes the 

and Processing Division was reorga- intangibles tax and local sales and 

nized and renamed the Management use tax on behalf of local govern- 

Information Services Division. In ments. It accounts for all these funds 

1991, the Department began conver- and seeks uniformity in the adminis- 

sion of its existing computer systems tration of tax laws and regulations, 

with future plans to move to an inte- The Department's activities are 

grated tax accounting system in sup- divided into four broad areas: Tax 

port of Department needs. Administration, Tax Compliance, 

Changes continue to be made in Field Operations, and Legal & 

the Department's internal organiza- Administrative Services. There are six 

tion. In 1953, separate divisions were divisions within Tax Administration: 

created to administer corporate and Corporate Income & Franchise Tax; 

individual income taxes. A few years Sales & Use Tax; License & Excise 

later the Franchise and Intangibles Tax; Individual Income, Inheritance, 

Tax Division was divided, with the Intangibles & Gift Tax; Ad Valorem 

franchise tax function being assigned Tax; and Motor Fuels Tax. Under 

to the Corporate Income and Tax Compliance are two divisions: 

Franchise Tax Division, and with the Office Examinations and Office 

intangibles tax function remaining in Services. Field Operations includes 

the Intangibles Tax Division. This the Criminal Investigations Division 

Division also provided staff to the and four regional divisions to cover 

State Board of Assessment until the geographic areas of the state. 

1967, when the Board was assigned a Under Legal & Administrative 

staff independent of the Department Services there are three separate divi- 

of Revenue. sions: Administrative Services, 

Following a constitutional Accounting, and Returns Processing, 

amendment, legislation was enacted The Tax Research Division, Controlled 

in 1971 to reorganize state govern- Substance Tax Division, Management 

ment. In that year, the Department Information Services, and the 

of Tax Research became a division of Security, Legislative Liaison, 

the Department of Revenue, the staff Personnel, Internal Audit and Public 

of the State Board of Assessment Affairs offices come under the office 

was returned to the Department as of the Secretary and Deputy 

the Ad Valorem Tax Division, and Secretary. 

the Commissioner of Revenue The 1992 reorganization placed 

became the Secretary of Revenue. like functions together, eliminating 

The Secretary is appointed by duplication and streamlining 

the Governor, and serves ex officio as processes. The Department is now 

a member of the Tax Review Board organized under the leadership of 

in matters pertaining to corporate the Secretary, the Deputy Secretary 

allocation formulas only, and as a and four Assistant Secretaries — for 

member of the Local Government Tax Administration, Tax 

Commission. Compliance, Field Operations, and 

The principal duty of the Legal & Administrative Services, 

Department of Revenue is to collect respectively, 
revenue for the State's General and 



The North Carolina Executive Branch 321 

Tax Administration 

Corporate Income & Franchise Tax Division: The Corporate Income 
& Franchise Tax Division interprets the statutes relating to corporate 
income and franchise tax, provides information to taxpayers, and confers 
with taxpayers on disputed issues. Representatives of the Division appear in 
hearings before the Secretary, the Tax Review Board and in court. 

Individual Income, Inheritance, Intangibles & Gift Tax Division: 

The Individual Income, Inheritance, Intangibles & Gift Tax Division assists 
taxpayers in filing returns and interprets tax laws. The Division holds con- 
ferences with taxpayers, accountants and attorneys on disputed tax issues. 
It also works with the Clerk of Superior Court to determine compliance with 
the law in estate matters, to enter releases in the official record and to issue 
waivers for transfer of estate properties. 

License & Excise Tax Division: The License and Excise Tax Division 
is responsible for the Privilege License, Beer, Wine, Liquor, Cigarette and 
Soft Drink Tax Schedules. 

Motor Fuels Tax Division: The Motor Fuels Tax Division collects 
motor fuels taxes and inspection fees; issues licenses to distributors, users 
and sellers of motor fuels; and receives and approves bonds to cover motor 
fuels tax liability. The Division also issues registration cards and identifica- 
tion to motor carriers. 

Ad Valorem Tax Division: The Ad Valorem Tax Division oversees city 
and county personal property valuation and taxation; offers assistance to 
local taxing authorities; appraises the property of public service companies 
and determines which portion should be allocated to the counties and munic- 
ipalities in the state; and investigates appeals to the Property Tax 
Commission. 

Sales & Use Tax Division: The Sales & Use Tax Division administers 
the state and local sales and use tax laws by keeping records on consumers, 
and retail and wholesale merchants and by auditing monthly sales and use 
tax reports. 

Legal and Administrative Services 

In addition to overseeing the divisions listed below, the Assistant 
Secretary for Legal and Administrative Services also conducts tax hearings 
on disputed tax issues. 

Accounting Division: The Accounting Division is responsible for man- 
aging the funds for the Department of Revenue. It receives and deposits all 
payments; maintains the budget and keeps time and pay records. 



322 North Carolina Manual 

Administrative Services Division: The Administrative Services 
Division is responsible for the building and the supplies and equipment for 
the main office and all field offices as well as mail service and inventory. The 
Division also provides forms and printing and microfilming services for the 
Department. 

Returns Processing Division: Returns Processing is the first stop for 
the tax return when it reaches the Department of Revenue. The Division is 
responsible for all data entry from taxpayer returns and error resolution as 
well as for the central files. 

Field Operations: Field Operations is responsible for all field compli- 
ance, enforcement and taxpayer education programs. The Division collects 
delinquent and deficient taxes and tax returns, examines tax records on-site 
and proposes assessments or refunds, prosecutes for tax fraud, and educates 
taxpayers about state tax laws. Field operations maintains 50 field offices 
throughout North Carolina, 14 of which are combined collection and audit 
offices. The Division is also responsible for out-of-state auditing and main- 
tains 11 offices in Georgia, Connecticut, New Jersey, California, Illinois, 
Ohio, Pennsylvania and Texas. 

Tax Compliance 

Office Examination Division: The Office Examination Division audits 
and examines tax returns to make sure that they are in compliance with 
North Carolina tax laws. 

Office Services Division: The Office Services Division assists taxpay- 
ers in filing tax returns, answers inquiries about tax refunds, and corre- 
sponds with taxpayers to resolve questions about assessments, refunds, pay- 
ments, and other issues. The Division also registers business taxpayers, 
coordinates bankruptcy filings, enforces collection, and is responsible for tax- 
payer education. 

Secretary's Office 

Tax Research Division: The Tax Research Division compiles and pub- 
lishes statistical data on state and local taxation. The Division estimates the 
effect on the state's revenue of proposed changes in tax laws and conducts 
special studies and provides technical assistance to other divisions in 
Revenue, the Secretary of Revenue and tax study commissions. 

Management Information Services: Management Information 
Services maintains the department's computer system and develops new 
computer applications as well as provides technical services support and 
training for users. 

Controlled Substance Tax Division: The Controlled Substance Tax 
Division assesses and collects the excise taxes on illegal drugs. 



The North Carolina Executive Branch 323 

Public Affairs Office: The Public Affairs office is responsible for both 
internal and external communications for the department. The office main- 
tains a speakers' bureau, publishes newsletters, brochures and reports for 
both department personnel and the general public, and coordinates media 
relations. 

Legislative Liaison: The Legislative Liaison is responsible for monitor- 
ing legislation and budgeting that affects the department and for working 
with the Secretary and Deputy Secretary to keep lawmakers informed of 
Revenue's needs. 

Personnel, Internal Audit and Security: These offices are responsi- 
ble for providing building security, hiring and training staff and ensuring 
that all departmental systems are functioning fairly and effectively. 

Boards and Commissions 

Property Tax Commission 
Tax Review Board 

For Further Information 

(919) 715-0397 

Income Tax Questions (800) 451-1404 




North Carolina Manual 

m 

Janice H. Faulkner 
Secretary of Revenue 

Early Years 

Born January 19, 1932 in Martin County to 
Ben Ira and Hilda Peele Hardison (both 
deceased). 

Educational Background 

East Carolina University, Bachelor of 
Science in English/Social Studies and 
Master of Arts, in Education/English. 

Professional Background 

Secretary, Department of Revenue, 1993- 
present; Associate Vice Chancellor for 
Regional Development Institute, East Carolina University, 1992-93; Director, 
Regional Development Institute, 1983-92; Executive Director of the Democratic Party 
of N.C., 1981-82; Associate Professor, English Department, East Carolina University, 
1966-81; Director of Alumni Affairs, East Carolina University, 1962-66; Assistant 
Professor of English, Wilmington College, 1955-57; English and Social Studies 
Teacher, Enfield Grade School, 1953-55. 

Boards and Commissions 

Immediate Past President, N.C. World Trade Association; President, Friends of Hope; 
Chair, Board of Directors, REAL - School Based Enterprises; Charter Member, 
Research Triangle World Trade Center Board of Directors; Former Member, Board of 
Directors, N.C. Humanities Council; Member, N.C. Council on Technical and 
Managerial Services; Former Chair, Advisory Council to the U.S. Small Business 
Administration for Region IV - Charlotte; Staff Director, Regional Waste 
Management Task Force; Member, Board of Directors, Pitt County Economic 
Development Commission; Chair, International Trade Committee for the Pitt- 
Greenville Chamber of Commerce; Chair, Committee on International Trade. 

Personal Information 

Member and pianist for the choir of Eastern Pines Church of Christ, Greenville. 



The North Carolina Executive Branch 325 



DEPARTMENT OF REVENUEi 
SECRETARIES 

Name Residence Term 

Alston D. Watts 2 Iredell 1921-1923 

Rufus A. Doughton 3 Alleghany 1923-1929 

Allen J. Maxwell 4 Wake 1929-1942 

Edwin M.Gill 5 Wake 1942-1949 

Eugene G. Shaw6 Guilford 1949-1957 

James S. Currie 7 Wake 1957-1961 

William A. Johnson 8 Harnett 1961-1964 

Lewis Sneed High 9 Cumberland 1964-1965 

I vie L. Clayton 10 Wake 1965-1971 

Gilmer Andrew Jones, Jr. 11 Wake 1972-1973 

Mark H. Coble 12 Guilford 1973-1977 

Mark G. Lynch 13 Wake 1977-1985 

Helen Ann Powers 14 Madison 1985-1990 

Betsy Y. Justus 15 Bertie 1990-1993 

Janice H. Faulkner Pitt 1993-Present 

^he Department of Revenue was created by the 1921 General Assembly with 
provision for the first "Commissioner of Revenue, to be appointed by the governor, by 
and with the advice and consent of the Senate" for a four year term, and the succeed- 
ing one to be "nominated and elected" in 1924 "in the manner provided for... other 
state officers." In 1929 the provision for electing a commissioner was repealed and a 
provision which called for appointment of the commissioner by the governor substi- 
tuted. The Executive Organization Act of 1971 established the Department of 
Revenue as one of the nineteen major departments. In 1973 the title "Commissioner" 
was changed to "Secretary". 

2 Watts was appointed by Governor Morrison and served until his resignation on 
January 29, 1923. 

3 Doughton was appointed by Governor Morrison to replace Watts. He was elected 
in the general elections in 1924 and served following reelection in 1928 until March, 
1929. 

4 Maxwell was appointed by Governor Gardner to replace Doughton and served 
following subsequent reappointments until June, 1942. 

5 Gill was appointed by Governor Broughton to replace Maxwell and served fol- 
lowing his reappointment until his resignation effective July 1, 1949. 

6 Shaw was appointed by Governor Scott to replace Gill and served following his 
reappointment until his resignation in August, 1957. 

7 Currie was appointed by Governor Hodges to replace Shaw and served until his 
resignation in January, 1961. 

8 Johnson was appointed by Governor Sanford to replace Currie and served until 
April, 1964, when he was appointed to the Superior Court. 

9 High was appointed by Governor Sanford to replace Johnson and served until 
his resignation in January, 1965. 

10 Clayton was appointed by Governor Moore to serve as acting commissioner. He 
was later appointed commissioner and served following reappointment by Governor 
Scott on July 21, 1969 until his resignation effective December 31, 1971. 



326 North Carolina Manual 

11 Jones was appointed by Governor Scott to replace Clayton and continued serv- 
ing until Coble took office. 

12 Coble was appointed on June 8, 1973, by Governor Holshouser to replace Jones. 
13 Lynch was appointed on January 10, 1977, to replace Coble. 
14 Powers was appointed January 7, 1985, by Governor Martin to replace Lynch. 
15 Justus was appointed May 1, 1990 by Governor Martin to replace Powers. 






The North Carolina Executive Branch 327 



DEPARTMENT OF TRANSPORTATION 



The North Carolina Department The North Carolina Department 
of Transportation provides a of Transportation is headed by a sec- 
system to transport people and retary appointed by the governor, 
goods effectively, efficiently and safe- Legislation passed in 1973 desig- 
ly while rendering the highest level nates the secretary as an ex-officio 
of service to the public. member and chair of the Board of 

The State Highway Commission Transportation, 
and the Department of Motor All transportation responsibili- 
Vehicles was combined to form the ties, including aviation, mass tran- 
North Carolina Department of sit and rail, as well as highways 
Transportation and Highway Safety and motor vehicles, are the respon- 
by the Executive Organization Act of sibility of the department. The 
1971. The act also created the North Board of Transportation, the chief 
Carolina Board of Transportation. In policy-making body of the depart- 
1979, the term "Highway Safety" was ment, awards all highway con- 
dropped from the department's name tracts and sets transportation pri- 
when the Highway Patrol Division orities. The department staff exe- 
was transferred to the newly created cutes the initiatives of the board 
Department of Crime Control and and is responsible for day-to-day 
Public Safety. operations. 



Division of Highways 

The Division of Highways administers state road, planning, design, con- 
struction and maintenance programs and policies established by the Board of 
Transportation. North Carolina's highway program uses available resources 
to construct, maintain and operate an efficient, economical and safe trans- 
portation network. This division is responsible for the upkeep of the largest 
state maintained highway systems in the country. The division utilizes both 
state and federal funds in its road improvement program and has a long his- 
tory of service to North Carolina. 

The History of "The Good Roads State" 

As the 20th century approached, the need for better roads became 
increasingly apparent to most North Carolinians. Railroads simply could not 
provide the internal trade and travel connections required by an ambitious 
people in an expanding economy. 

The beginning of the "Good Roads" movement in the state was hesitant, 
but it gave a foundation to a transportation revolution that would serve 
North Carolina's interest and bring many benefits to citizens who supported 
the system through their taxes. 

Modern road building in the state may have begun in 1879 with the 



328 North Carolina Manual 

General Assembly's passage of the Mecklenburg Road Law. The statute was 
intended as a general state law, but as worded, applied only to Mecklenburg 
County. It allowed the county to build roads with financing from a property 
tax, and required four days labor of all males between the ages of 18 and 45. 

The author of the legislation, Captain S.B. Alexander, saw his bill 
repealed, then reenacted in 1883, as growing number of people acknowledged 
the need for better roads. By 1895, most of the state's progressive counties 
had established tax-based road building plans. 

As the new century neared, interest in better roads spread from the 
mountains to the coast. A Good Roads Conference in 1893 attracted more 
than 100 business and government leaders from throughout the state. They 
organized the North Carolina road Improvement Association and promoted 
meetings the following year in Chapel Hill, Raleigh and Charlotte. 

Before 1900, most decisions concerning transportation were dictated by 
immediate needs, with little thought given to long-range goals. The planning 
that went into those decisions was local or, at best, regional. The concept of 
a statewide system existed only in the minds of a few visionary people, and 
well into the new century, state policy was limited to assisting counties in 
meeting transportation needs. 

Fortunately, there were emerging leaders who could look beyond county 
boundaries, practical people who had the conviction, determination and 
know-how to match their vision. These leaders knew that good transporta- 
tion had a place among the state's top priorities and labored to make North 
Carolina's highway system one of the best in the country. 

In 1913, Governor Locke Craig took office. He led the call for good roads 
in the state and established the State Highway Commission in 1915. Because 
of his efforts, Governor Craig would be the first chief executive to be called 
"The Good Roads Governor." 

Many other individuals labored for better roads during this crucial peri- 
od. Three, whose names would rank high on any "honor roll" of North 
Carolina transportation pioneers were Dr. J. A. Holmes, Colonel Joseph 
Hyde Pratt and Harriet Morehead Berry. Each was associated with the 
North Carolina Economic and Geological Survey - described as the "cutting 
edge" of the roads movement in the state. And each headed the North 
Carolina Good Roads Association during the two critical decades in which 
that Association led the struggle for better roads across the state. 

Holmes was a driving force behind the good roads movement long before 
the development of organized efforts to promote the cause. He was a prime i 
mover in establishing the Good Roads Association and served as its first 
executive secretary. 

Pratt succeeded Holmes as head of both the Geological Survey and the 
Good Roads Association. He preached road building at reasonable cost and 
urged counties to borrow money for that purpose. His advice was followed. A 
total of $84.5 million was borrowed from the issuance of bonds by counties 
and road districts stopped in 1927. Yet, Pratt's most important contribution 
to North Carolina may have been bringing Harriet M. "Hattie" Berry ofi 
Chapel Hill into the association of good roads advocates. 

Miss Berry quickly became an uncompromising force in the campaign. 



The North Carolina Executive Branch 329 

She pushed for establishment of a State Highway Commission and, in 1915, 
helped draft legislation designed to establish and maintain a statewide high- 
way system. The bill was defeated, but Hattie Berry was not. She mounted a 
campaign that carried into 89 counties and, in 1919, when the bill was rein- 
troduced, Miss Berry appeared before the legislature to answer any lingering 
questions. When the final vote came, the decision was not whether to build 
roads, but what kind of roads to build. The foundation has been laid. The 
"Good Roads State" would now become a reality. 

This pivotal point in the state's transportation history came with the 
decision to accept debt as a means of getting better highways. It began slowly 
at the county level in New Hanover, Mecklenburg and Guilford counties and 
spread across the state. 

The time of building roads with the money at hand and a day of labor 
from each able-bodied man faded. In its place rose a sophisticated enterprise 
of structured funding and complex engineering. For the first time, planning 
started to become part of the highway building and maintenance programs. 

The road fever raged through the mid-1920's. Following passage of the 
Highway Act of 1921, almost 6,000 miles of highway were built in a four-year 
period. This building was a product of aggressive leadership of Governor 
Cameron Morrison and other transportation advocates and public approval 
of a $50 million bond issue. 

During the Depression years of the early 1930's, however, highway con- 
struction stopped; moreover, some state leaders began looking to the 
Highway Fund as a possible funding source to meet other public service 
needs, a potentially devastating course for the highway system. It was at this 
critical time that the state, under the leadership of Governor O. Max 
Gardner, assumed responsibility for all county roads and an allocation of $16 
million was made for maintenance. 

By 1933, the Depression had carried the state into a dark period. The 
gloomy economy coupled with the assumption by the state of financial 
responsibility for the public schools prompted use of highway funds for non- 
highway purposes. 

As the economy began to recover, the General Assembly recognized the 
damage caused to the roads system by years of neglect and allocated $3 mil- 
lion in emergency funds for bridge repair in 1935. Later in the session, more 
comprehensive action was taken to restore the financial stability of the road 
program. 

For the next five years, North Carolina measured up fully to its growing 
reputation as the "Good Roads State." Stretches of a new highway were con- 
structed throughout the state as revenues continued to rise. 

The outbreak of World War II again brought a halt to construction. But, 
in a sense, the highway program in North Carolina benefited from the mora- 
torium. The state, led by Governors J. Melville Broughton and Gregg Cherry, 
used funds produced by the accelerated wartime economy to pay off highway 
debts. When Cherry left office, all debts had either been eliminated or money 
had been set aside to meet obligations. 

Despite the interruption of the war years, North Carolina's road building 
progress from 1937 to 1950 was dramatic. Road mileage during the period 



330 North Carolina Manual 

rose from 58,000 to 64,000 miles. 

It was generally conceded, however, that one important area of trans- 
portation had been neglected — secondary roads. In the state that was leading 
the nation in school bus operations, and ranked second in the number of 
small, family farms, there was little cause for pride in the condition of school 
bus routes and farm-to-market roads. 

In his campaign for governor in 1948, Kerr Scott rebuked his primary 
opponent, Charles Johnson, for advocating a $100 million secondary roads 
bond issue. After defeating Johnson, Scott reassessed the situation and again 
concluded that his opponent had been wrong in suggesting a $100 million 
bond issue - Governor Scott requested $200 million. 

Despite strong opposition from urban leaders, the bond issue was 
approved. Work began immediately to pave thousands of miles of rural roads 
that previously had been impassable in bad weather. By the end of the Scott 
Administration, promised construction was 94 percent complete. 

Neither the proposal to borrow money for road building nor the people's 
support of the proposal was surprising. Borrowing money to improve roads 
and paying the debt with road-use taxes had become a tradition in North 
Carolina. 

During the 1920's the state had passed four bond issues totaling $16.8 
million and the Scott bond issue added $200 million to that total. In 
Governor Dan Moore's administration, the voters approved a $300 million 
issue. In 1977, a second $300 million bond issue was proposed by Governor 
Jim Hunt and approved by the voters. 

The structure of the state transportation programs have been altered 
through the years to make the program more credible and responsive to the 
state's needs. In 1971, as noted above, the General Assembly combined the 
State Highway Commission and the Department of Motor Vehicles to form 
the Department of Transportation and Public Safety. 

The reorganization encouraged the new department to adopt a more 
modern planning system. In 1973, Governor Jim Holshouser proposed the 
"Seven-Year Transportation Plan," which later became the Transportation 
Improvement Program. The TIP is a planned and programmed schedule of 
the state's major highway construction that balances projected construction 
costs against anticipated revenues. The TIP is updated annually to add new 
projects and adjust priorities. 

The Board of Transportation makes final decisions on new projects and 
priorities each year after local officials and interested citizens express views 
and make recommendations on their future highway needs. This approach to 
the state's transportation needs have been expanded to include aviation and 
public transportation projects. 

Other changes also improved reliability and responsiveness. Under 
Governor Bob Scott, the Board of Transportation expanded to 24 members 
and during the Holshouser Administration, the department moved to formu- 
late funding for some transportation improvements. 

In 1986, the General Assembly passed Governor Jim Martin's "Roads to I 
the Future" program. The legislation was designed to produce $240 million a 
year in additional revenues by Fiscal Year 1991-1992. These funds were to be 



The North Carolina Executive Branch 331 

used to bolster or improve the maintenance and safety on the state's high- 
ways. An additional $30 million was set aside to begin a program of state- 
funded construction. Governor Martin also directed the department to 
improve the reliability of the Transportation Improvement Program by more 
closely matching the program to anticipated revenues. 

In 1987, poor highway construction prospects caused the Martin 
Administration and the General Assembly to take a hard look at the trans- 
portation needs of North Carolina. After much debate, the legislature 
approved a large and ambitious public works program - the Highway Trust 
Fund. The law calls for major construction to meet a wide variety of the 
state's needs. It provides for the completion of a 3,600-mile "Intrastate" sys- 
tem of four-lane roads across the state. When this system is built, nearly all 
North Carolinians will live within 10 miles of a four-lane highway. The trust 
fund program will also improve 113 miles of interstate highways, help pave 
all the remaining dirt roads in the state, build loops and connector roads 
near seven major cities, and provide additional money to local governments 
for city street improvements. Funding for the program is provided by motor 
fuel and other highway use taxes. 

At the beginning of the century, North Carolina was a state of relatively 
few, and incredibly poor roads. Only 5,200 miles of state roads existed in 
1921. From that inauspicious beginning, the highway network has grown to 
the present 77,155 miles, the largest state-maintained system in the nation. 
Significantly, construction and maintenance of the system, from the begin- 
ning, has been supported exclusively by highway user tax revenues. North 
Carolina boasts 11,991 miles of rural primary highways (U.S. and N.C. 
Interstate), 59,322 miles of rural secondary roads and 5,842 miles of urban 
highways (state routes in cities). 

The most severe problem confronting transportation officials in North 
Carolina today is meeting the highway safety and maintenance demands 
with a Highway Fund that is not able to keep pace with needs resulting from 
increased travel and traffic. 

The Division of Motor Vehicles 

The Division of Motor Vehicles has more direct contact with citizens than 
any other state agency. The division serves more than 1.5 million drivers 
and registers more than six million vehicles each year. 

The General Assembly created the State Department of Motor Vehicles 
in 1941 to consolidate services previously provided by the Secretary of State 
and the Department of Revenue. When state government was reorganized in 
1971, the Department of Motor Vehicles became a division under the control 
of what is now the Department of Transportation. 

The Division of Motor Vehicles is comprised of six major sections which 
are expanding rapidly to better serve the needs of North Carolinians. 

The 1980's and early 1990's brought some major changes to the Driver 
License Section. Many offices were automated to promote a quick exchange 
of information and services. The DMV also established a commercial driver 
license program, creating new testing and licensing standards for truckers. 



332 North Carolina Manual 

Eight "express" drivers license offices were opened around the state to pro- 
vide faster service for drivers not required to take the written or road tests. 

The Vehicle Registration Section has computerized its branch offices, 
allowing agents to update license plates on a central computer, produce 
receipts by computer for collection and keep track of plates surrendered by 
non-insured vehicle owners. 

The Enforcement Section has a computer system that enables the DMV 
to keep statewide vehicles theft reports. The Enforcement Section is leading 
the country in a national research project to make commercial vehicle opera- 
tions faster, safer and more efficient. 

The School Bus and Traffic Safety Section was recognized as the nation's 
most outstanding state agency teaching defensive driving in 1991. The sec- 
tion trains school bus drivers and supplements a passenger safety training 
program for young students. 

The strong emphasis on safety in the Division of Motor Vehicles' operations 
help make North Carolina's roadways among the safest in the nation. As the 
number of vehicles and drivers in the state continues to grow, the division 
strives to serve the public in a courteous, efficient and professional manner. 

The Division of Aviation 

The state that was the birthplace of modern aviation of December 17, 
1903, has kept pace with advancement in that important field through the 
Division of Aviation. North Carolina has more than 15,000 licensed pilots 
and 6,000 registered civilian aircraft. In addition, all branches of the armed 
service have aviation facilities in North Carolina. 

State government aviation functions first began in 1965 under the direc- 
tion of the Department of Conservation and Development. In 1973, responsi- 
bility for aviation was transferred to the Department of Transportation. The 
NCDOT's Division of Aviation was formally established one year later. 

The Division of Aviation provides technical assistance and funding to 
help develop and improve air transportation service and safety throughout 
the state. In 1989, it began administering federal funds for almost all air- 
ports under the State Block Grant Program. 

The original North Carolina Airport System Plan (NCASP) of 1979 was 
updated in 1992. The revised NCASP projects aviation activity and required 
airport requirements through 2010. The Division now works with 73 pub- 
licly owned airports with three additional facilities under development. The 
NCASP recommended six new publicly owned airports be constructed by 
2010. In addition, there are more than 100 privately owned airports that are 
open to the public. 

An integral part of the aviation program is the Aeronautics Council, 
appointed by the governor with one representative from each congressional 
district plus two at-large members, which serves as North Carolina's advisory 
board on grants and other aviation matters. 



The North Carolina Executive Branch 333 

The Public Transportation and Rail Division 

In North Carolina, where the population is widely dispersed and the 
majority of people live in small cities and rural communities, public transit 
plays an important role. Taking full advantage of matching funds, the Public 
Transportation Division coordinates programs and initiatives that support 
public transit in both urban and rural communities as well as county-wide 
human services transportation and transit services for the elderly and dis- 
abled. The division also promotes public transit as an alternative form of 
transportation that is safe, convenient, economical and environmentally 
sound - helping to reduce traffic congestion and improve air quality. 
Planning for regional public transit services is becoming increasingly impor- 
tant to help meet the demands of commuter traffic in larger metropolitan 
areas. 

The state's rail system is another vital part of the transportation net- 
work both for passenger rail service and hauling freight. The Rail Division 
develops and maintains a statewide rail plan, administers a state and federal 
Railroad Revitalization Program to preserve service on light-density branch 
lines and protects rail corridors from abandonment. In cooperation with 
Amtrak, the Rail Division also provides intercity rail passenger service on 
the "Carolinian" and "Piedmont" trains. 

The Public Transportation division was established in 1975 and it 
assumed responsibility for railroad activities in 1990. 

Ferry Division 

The Ferry Division is the second largest state-owned and operated ferry 
system in the United States and one of the oldest services provided by the 
NCDOT. Given division status in 1974, the division owns and operates 21 
vessels at 13 locations throughout North Carolina. The division also main- 
tains an in-house shipyard at Manns Harbor for all repair work. 

The 13 operating locations support seven ferry routes to destinations 
including the Outer Banks. Thanks to a thriving tourist economy and com- 
muters, the division transports more than 700,000 vehicles each year. 

The operation, construction and repair of ferries is regulated by a variety 
of organizations, such as the US Coast Guard Marine Safety Center and 
Marine Safety Offices, Federal Communication Commission and the 
Environmental Protection Agency. 

Office of Bicycle and Pedestrian Transportation 

Walking is the most widely used form of transportation in North 
Carolina and bicycling remains the fastest growing mode of transportation. 
The state Bicycle Program was created by the General Assembly in 1974, 
making it the oldest program of its kind in the nation. Since that time, the 
Bicycle Program has become an award-winning model for other states to fol- 
low. The Department of Transportation added a Pedestrian Program in 1992 
in response to the Intermodal Surface Transportation Efficiency Act. 

The Office of Bicycle and Pedestrian Transportation works to assure that 



334 North Carolina Manual 

the citizens of the state have the best transportation choices available. The 
program provides technical assistance and funding to cities and towns 
throughout North Carolina for safe and desirable bicycle and pedestrian 
facilities as well as the most comprehensive education and training opportuni- 
ties in bicycle and pedestrian safety. The majority of the state's communities 
with populations exceeding 2,000 have become participants in these pro- 
grams and interest continues to increase as citizens desire safer places to 
walk and bicycle. 

Beautification Program 

The department's Office of Beautification encourages North Carolina citi- 
zens to take an active part in reducing litter along the roadways and in their 
communities. Since the Adopt-A-Highway Program began in 1988, more 
than 15,000 miles of state-maintained roads have been adopted by 7,000 vol- 
unteer groups. This active participation makes North Carolina's program 
the largest anti-littering effort in the nation and has resulted in a $9 million 
cost avoidance to the taxpayers each year. Many groups are now recycling 
the litter they pick up to further help the environment. Each year the 
department solicits volunteer support for an additional spring and fall 
cleanup campaign. 

The Swat-A-Litterbug Program is a popular anti-littering educational 
effort. It gives every citizen the opportunity to be an active participant in 
keeping our highways clean. Citizens report littering incidents they observe 
and educational letters are sent to offenders. 

Work Zone Safety Program 

This program is designed to increase the awareness of the potential dan- 
gers to both motorists and workers in highway work zones. The central 
theme is "Stay Alert." A video has been developed specifically for the truck- 
ing industry to identify the hazards of work zones from a trucker's eyes. In 
addition, presentations are made throughout the state to groups promoting 
the concept of safety in work zones. By constantly seeking new and innova- 
tive methods of communicating the safety message across the state, we fully 
expect to see fewer accidents in our work zones. 

Boards and Commissions 

North Carolina Board of Transportation 

North Carolina Aeronautics Council 

North Carolina Bicycle Committee 

Governor's Highway Beautification Council 

Governor's Highway Safety Commission 

North Carolina Air Cargo Airport Authority Board of Directors 

For Further Information 

(919) 733-4101 



The North Carolina Executive Branch 



335 




R ector Satnuel Hmnt, 
Secretary of Transportation 

Early Years 

Born in Burlington, Alamance County, 
September 1, 1941 to Rector S. Hunt, Jr. 
and Mildred Rachel Wester Hunt. 

Educational Background 

Williams High School, 1955-59; East 
Carolina University, Graduated 1965, A.B. 
Degree in Social Studies and Political 
Science. 

Professional Background 

Appointed Secretary Department of 

Transportation, 1993; President of Hunt 

Electric Supply Company; President of Atlas Electric Corporation; Member, National 

Association of Electrical Distributors; Member, Affiliated Distributors; Past Member, 

National Executive Committee of Affiliated Distributors; Past Member, Allen Bradley 

National Advisory Board; Past Member, Cutler Hammer National Advisory Board. 

Boards and Commissions 

Past Director, Alamance Chamber of Commerce; Past Board Member, Burlington 
YMCA; Board Member, First Union National Bank, Burlington. 

Political Activities 

Member, N.C. House of Representatives, 1985-92. 

Major Legislative Transportation Involvement 

Appointed to the Highway Study Commission during the 1987 legislative session, 
which recommended the Highway Trust Fund legislation. Sponsored the 65 MPH 
legislation; Co-sponsored the Highway Trust Fund Bill and was Co-Chair of the 
House Conference Committee on that legislation during the 1989 session; Co-Chair of 
the Joint Legislative Highway Oversight Committee; Chair, House Committee of 
Infrastructure, 1989-90, which included the Subcommittees on Highways, Airports, 
Railways, Waterways, Utilities, Water, Waste Water and Solid Waste; Co-Chair of 
the Joint Highway Oversight Committee during the 1991 session; Sponsored the bill 
for increased penalty for speeding in work zones. 

Military Service 

Served U.S. Army, First Lieutenant, 1966-69. Served in Army Reserves, 1970. 

Personal Information 

Married, Vicky Silek of Front Royal, Virginia. Children: Sam. Member, First 
Christian United Church of Christ. 



336 North Carolina Manual 



DEPARTMENT OF TRANSPORTATION! 
SECRETARIES 

Name Residence Term 

Fred M. Mills, Jr. 2 Anson 1971-1973 

Bruce A. LentzS Wake 1973-1974 

Troy A. Doby 4 1974-1975 

Jacob F. Alexander, Jr. 5 Rowan 1975-1976 

G. Perry Greene, Sr. 6 Watauga 1976-1977 

Thomas W. Bradshaw, Jr.? Wake 1977-1981 

William R. Roberson, Jr. 8 Beaufort 1981-1985 

James E. Harrington 9 Wake 1985-1989 

Thomas J. Harrelson 10 Brunswick 1989-1993 

R. Samuel Hunt, III Alamance 1993-Present 

!The Executive Organization Act of 1971 created the "Department of 
Transportation and Highway Safety" with provision for a "secretary" appointed by the 
governor. In 1977 "Highway Safety" was dropped. 

2 Mills was appointed by Governor Scott. 

3 Lentz was appointed on January 5, 1973, by Governor Holshouser to replace 
Mills. He resigned June 30, 1974, following his appointment as Secretary of 
Administration. 

4 Doby was appointed on July 1, 1974, by Governor Holshouser to replace Lentz. 
He resigned April 25, 1975. 

5 Alexander was appointed on April 25, 1975, by Governor Holshouser to replace 
Doby. He resigned effective April 20, 1976. 

6 Greene was appointed on April 20, 1976, by Governor Holshouser to replace 
Alexander. 

7 Bradshaw was appointed on January 10, 1977, by Governor Hunt to replace 
Greene. He resigned effective June 30, 1981. 

8 Roberson was appointed July 1, 1981, to replace Bradshaw. 

9 Harrington was appointed January 7, 1985, by Governor Martin to replace 
Roberson. 

10 Harrelson was appointed by Governor Martin on December 15, 1989 to replace 
Harrington. 



The North Carolina Executive Branch 337 



OFFICE OF THE STATE CONTROLLER 



In 1986, the Office of the State procedures which support the SAS 

Controller (OSC) was created by and are incorporated into the system 

the General Assembly. The agen- to accomplish financial reporting and 

cy's head, the State Controller, is management for the state's financial 

appointed by the governor and con- entity, which includes more than 80 

firmed by the General Assembly for a agencies. 

seven-year term. Four major divisions comprise 

The State Controller is the chief the Office of the State Controller: 

financial officer of the state and is Financial Systems, State Accounting 

responsible for the executive man- System, Agency Accounting Services 

agement of the State Accounting and State Information Processing 

System (SAS). In this capacity, as Services (SIPS). The OSC also has 

specified in G.S. 143B-426, the State jurisdiction over the Information 

Controller prescribes policies and Resource Management group. 



Financial Systems Division 

The Financial Systems Division has the responsibility of providing 
accounting systems development, maintenance, as well as production and 
documentation support for the SAS and related sub-systems. An ongoing pro- 
ject is the implementation of a new SAS. This new system incorporates Dun 
& Bradstreet Software's MARS-G package and will provide state agency 
managers with on-line access to up-to-date information which will aid in the 
financial decision-making process. 



State Accounting System Division 

The State Accounting System Division is responsible for the operations of 
the SAS (currently both the older version and the new system's package as it 
is implemented) and related sub-systems. The division's mission is to main- 
tain timely, reliable, accurate records, - complete accounting information on 
North Carolina state government for central and agency management pur- 
poses. As part of its efforts, this division publishes the North Carolina 
Comprehensive Annual Financial Report — an approximately 200 page report 
on the state's financial condition and results of operations for the past year. 



Agency Accounting Services Division 

Agency Accounting Services has the responsibility of administering 
statewide cash management policies and statewide appropriation/allotment 
control. In addition, the division operates a central payroll system and pro- 
vides agency accounting and disbursing services for selected agencies. A new, 



338 North Carolina Manual 

statewide Dependent Care Program is also administered through this OSC 
division for all state employees (excluding teachers). 

Information Resource Management 

The OSC's Information Resource Management (IRM) group was estab- 
lished to provide support for the Information Resource Management 
Commission in its role of making sure North Carolina takes the proper steps 
in the use, acquisition and management of information technology resources 
and with respect to long-range IRM planning. IRM manages and operates 
the State Information Processing Services (SIPS) and supports the SIPS 
Advisory Board and the IRM Advisory Board. 

State Information Processing Services 

The mission of the State Information Processing Services (SIPS) division 
is to provide information systems services, planning, coordination and con- 
sultation to state government agencies in the productive use of information 
through data processing, telecommunications and electronic office automa- 
tion long-range planning through an Information Resource Management sec- 
tion is also part of SIPS' responsibilities. The division operates through four 
sections — State Computer Center, State Telecommunications Services, State 
Systems Development and Client Support Services. 

State Computer Center: This SIPS section provides large mainframe 
computing services through the use of an IBM 3090-Model J processor and 
has more than 22,000 state agency terminals attached. Through the use of 
this processor, robotics and other technological advances, the Center pro- 
vides office automation services, efficient, cost-effective services. 

State Telecommunications Services: This section operates the state 
telephone network and provides telecommunications planning and service. In 
addition, through the use of Local Area Networks (LANs), Wide Area 
Networks (WANs), the X.25 network and other resources, this section is tak- 
ing the national lead in establishing standards for the sharing of information 
among local networks. 

State Systems Development: This SIPS section provides programming, 
consultation and total systems development to client agencies. With proper 
planning and implementation, coordinated systems can provide state agen- 
cies with thoughtful, automated solutions to day-to-day problems and special 
projects. 

Client Support Services: This section provides end-user support, 
through consultation, a personal computer products demonstration center, 
varied computer training courses (including interactive video and user-paced 
courses). 



The North Carolina Executive Branch 
Edward Renfrew 



339 




State Controller 

Early Years 

Born in Johnston County, September 17, 
1940, to Donnie T. and Illamae (Lewis) 
Renfrow. 

Ed ucational Ba ckgro und 

Graduated, Clayton High School, 1958; 
Hardbarger Junior College, Associate 
degree in Business Administration with 
Accounting Major; continued education 
through courses at Atlantic Christian 
College, Duke University and East Carolina j 
University through Johnston Technical 
College. 

Professional Background 

State Controller (July 21, 1993-Present); Special Advisor To The Governor Of North 
Carolina (January-July 1993); State Auditor (1981-1993); State Senator (1974-1980); 
Accountant, Edward Renfrow & Co. (1962-1980). 

Boards and Commissions 

Former member, N.C. Council of State; Capitol Planning Commission, Local 
Government Commission, Information Technology Commission, N.C. Wildlife 
Federation Board of Directors, Governmental Accounting Standards Board (GASB) 
Task Force on Pension Accounting and Reporting (1984-92); Member, U.S. General 
Accounting Office's Auditing Standards Advisory Council (1985-88); former Chair of 
Board of Trustees, Firemen's & Rescue Squad Workers' Pension Fund; Community 
College Advisory Council, 1977-78; Study Committee to Rewrite N.C. Game Laws, 
1977-1979; N.C. Wildlife Commission, 1977-79; Study Commission to Recodify 
Community College Laws, 1977-79; Commission on Public School Laws 1977; 
Governor's Commission on Public School Finance, 1978; N.C. Criminal Justice 
Education and Training Standards Commission, 1978-80. 

Organ iza tions 

National State Auditors Association (Past President, 1985-1986); National 
Association of State Auditors, Comptrollers and Treasurers (President 1990-91); 
Governmental Finance Officers Association; former member, National 
Intergovernmental Audit Forum, Southeastern Intergovernmental Audit Forum (Past 
Chair 1987-88); N.C. Society of Accountants (President, 1972-73; First President, 
Scholarship Fund, 1973-74); National Society of Public Accountants (seminar speak- 
er); Phi Theta Phi Fraternity. Former member, Raleigh Hosts Lions Club; American 
Legion Post N71; Former Member, Smithfield-Selma Chamber of Commerce (First 
Vice President, 1974); Lifetime Honorary Member, N.C. Retired Peace Officers 
Association. 



340 North Carolina Manual 

Political Activities 

State Controller (July 21, 1993-Present); Special Advisor To The Governor Of North 
Carolina (January 1992-July 1993); State Auditor, 1981-1993 (elected 1980, re-elected 
1984, 1988); Served in N.C. Senate 1974-80; Treasurer, N.C. Democratic Executive 
Committee, 1973-1974; N.C. Chair, Democratic National Telethon, 1972-73. 
Democratic Party. 

Military Service 

Served N.C. National Guard, Specialist 4th Class, 1962-66; Honorary member at 
present. 

Honors and Awards 

Received Distinguished Service Award, Smithfield Jaycees, 1974; Boss of the Year 
Award, 1975; N.C. Wildlife Federation's Governor's Award for Conservation 
Legislator of the Year, 1977 and 1979: Community Leader of America Award, 1971; 
Tar Heel of the Week, March 10, 1985. 

Personal Information 

Married, Rebecca (Becky) Stephenson, December 4, 1960; Children: Candace Elaine 
and Elizabeth Paige. Member, Smithfield First Baptist Church; Former Member, 
Sharon Baptist Church; Chair, Deacon Board, (two terms); Sunday School Teacher; 
Member, General Board of Baptist State Convention, 1970-74; Past Treasurer, 
Johnston Baptist Association. 



The North Carolina Executive Branch 341 



STATE BOARD OF ELECTIONS 



The framework of North office for the specific purpose of prop- 
Carolina's election laws was er administration of the elections 
constructed in 1901; the laws as well as the registration of 
statute governing primary elections voters. Under this new system, indi- 
dates from 1916. North Carolina's viduals would be able to register only 
version of the Australian Ballot was on three successive Saturdays every 
enacted in 1929; the Corrupt other year. 

Practices Act was adopted in 1931. In 1971 a significant change was 

In 1933 there was substantial revi- implemented when North Carolina 

sion of our state's elections laws, but put into effect what is generally 

since 1933 there have been no signif- called the Uniform Municipal 

icant or general revisions or recodifi- Election Code. Simply put, this act 

cation. guaranteed for the first time that a 

The 1965 General Assembly person need only register one time at 

authorized a seven member commis- one place to qualify to vote in any 

sion to study and analyze the state's election in which he was eligible to 

election procedures and mandated vote. Previously it was necessary 

that the commission prepare and that a citizen be registered on as 

draft legislation necessary to recodify many as five different sets of books, 
the chapter of the General Statutes The State Board of Elections was 

dealing with elections laws in the declared an independent agency by 

interest of clarity and simplification, the General Assembly in 1974. The 

The changes recommended by the North Carolina State Board of 

1965 commission were adopted, Election is said to be one of the most 

almost without alteration by the authoritative boards of its kind in 

1967 General Assembly. the country. As an independent state 

After the 1967 recodification, the agency, it does not come under the 

State moved on to a much bolder jurisdiction of any other department 

revision, the enactment, also in 1967, headed by an elected official, 
of North Carolina's 'uniform loose All members on the State Board 

leaf registration system' which of Elections are appointed by the 

replaced the old unmanageable Governor for a term of four years, 

bound book system. Along with these Law prescribes that not more than 

new sophistications came the impor- three of the board's five members be 

tant audit trail to ensure the voters from the same political party; there- 

that elections were virtually free fore, making it the only agency 

from fraud. where a bipartisan membership is 

In 1969 the General Assembly mandated by law. 
enacted a requirement that all 100 The State Board appoints all 100 

counties in North Carolina adopt 'full county boards of elections which are 

time' registration offices. This accom- comprised of three members; both 

plishment provided, for the first major political parties must be repre- 

time, that all counties operate an sented. Each county board has a 



342 North Carolina Manual 

supervisor of elections who serves as appeal a decision rendered by a 

the administrative head of the board county board of elections to the State 

of elections and oversees the election Board of Elections for review or further 

process in each county. The supervi- proceedings. 

sor is selected by nomination to the In addition to its jurisdiction 

State Board's executive officer who over all types of elections conducted 

must approve both the hiring and throughout the state, the Board of 

dismissal of each supervisor. Elections also administers the 

It is the duty of the State Board Campaign Reporting Act. Enacted 
of Elections to conduct annual train- into law and effective July 1, 1974, 
ing sessions for members and super- this law limits contributions and 
visors of county boards of elections to expenditures to and by political can- 
prepare them to conduct training didates, political parties and political 
sessions within their respective action committees, 
counties for precinct officials. The Campaign Reporting Division 

The State Board supervises all of the State Board of Elections is 

elections conducted in any county, responsible for receiving registration 

special district or municipality located applications from political action 

in the state. There are 100 counties, committees, political parties, candi- 

more than 500 municipalities and dates and all others involved in mak- 

approximately 1200 special districts ing contributions to or making 

in North Carolina. Supervision of all expenditures on behalf of political 

elections includes the requirement parties and candidates, 
for the State Board to promulgate Periodic reports as prescribed by 

rules and regulations, setting forth statute must be filed with the 

the procedures for processing Campaign Reporting Division after 

protests and complaints resulting which they must be audited. Late fil- 

either before or after an election. A ers are assessed a daily penalty, 

protest must first be filed with the After five days, if the report is still 

county board of elections of the coun- delinquent, the campaign office sub- 

ty in which the protest originates mits all relevant material to the 

after which a public hearing is con- appropriate District Attorney who is 

ducted and a decision rendered. Any required to prosecute the violator, 
party to the original complaint may 



Boards and Commissions 

N.C. State Board of Elections 

For Further Information 

(919) 733-7218 



The North Carolina Executive Branch 



343 




Gary O. Bartlett 
Executive Secretary-Director 

Early Years 

Born in Goldsboro, Wayne County, June 27, 
1954, to Oz and Carolyn (Lassiter) Bartlett. 

Educational Background 

University of North Carolina at Chapel Hill, 
B.A., 1976, History. 

Professional Background 

Executive Secretary-Director, State Board 
of Elections, 1993-present; Legislative 
Assistant to Congressman H. Martin 
Lancaster, 1990-93; Managing Agent for bk= 
Weil Enterprises, 1983-90; Oz Bartlett, Inc., 
Masonry Contractors, 1976-82. 

Boards and Commissions 

Appointed to Wayne County Economic Development Commission, 1988; President, 
Wayne Memorial Hospital Bowling League, 1987; Order of the Long Leaf Pine, 1985. 

Political Activities 

Wayne County Democratic Party Chair, 1989; Extensive political experience including 
managing the election and reelection of Congressman H. Martin Lancaster, 1986, 
1990, 1992; Hunt Wayne County Coordinator, 1984; Whitley District Office Manager, 
1982; President of the Young Democrats of North Carolina, 1981; Hunt Wayne 
County GOTV, Chair, 1980; Third Vice Chair of the North Carolina Democratic 
Party, 1979; Hunt Wayne Community College Key, 1976. 

Honors and A wards 

Goldsboro's <f Young Man of the Year" Award, 1981; J. Albert House Award, 1977; God 
and Country Award, 1968. 

Personal Information 

Member, First Christian Church of Goldsboro. 



344 North Carolina Manual 



THE OFFICE OF STATE PERSONNEL 



North Carolina State govern- of a "Salary Standardization Board." 
ment did not have a system- In 1925 the Legislature estab- 

atic or uniform personnel sys- lished a five-member Salary and 

tern prior to 1925. There was no Wage Commission. This Commission 

equality or consistency in the admin- found that in addition to inequitable 

istration of personnel policies. The salaries, there was a lack of unifor- 

Legislature appropriated money in a mity in office hours, leave, holidays, 

lump sum to the agencies, and the and job entrance requirements. They 

agency heads allocated it for operat- set classifications for all positions, 

ing expenses and salaries. Each grouped positions with similar duties 

agency set pay rates for its workers together, and established minimum 

until 1907 when the Legislature and maximum salary ranges, 

elected to take over this responsibili- Salaries were to be determined by 

ty, including acting on pay increases the agency head. The Executive 

for individual employees. In 1921 the Budget Act was also passed about 

Legislature turned this function over this time which allocated money to 

to the Governor and the Council of agencies for specific purposes. 
State, resulting in the establishment 



Personnel Department Formed 

A 1931 law abolished the Salary and Wage Commission, and established 
a Department of Personnel within the Governor's Office to be responsible for 
classification, compensation and personnel policies, but in 1933 these duties 
were transferred to the Budget Bureau and the Department of Personnel 
was abolished. From 1933 to 1949, with no staff to deal exclusively with per- 
sonnel problems, a great disparity developed between agencies concerning 
standards. 

In 1938 a Supervisor of Merit Examinations was appointed to prepare a 
classification plan and administer examinations for the N.C. Unemployment 
Compensation Commission as required by the Social Security Act of 1935. 
This Act was amended in 1939 to include Merit System coverage for other 
state agencies subsidized by Federal funds, and a Merit System Council was 
formed to administer the Federal regulations and policies regarding competi- 
tive examinations, job standards and pay. 

State Personnel Act Passed 

The State Personnel Act was passed in 1949 (General Statutes, Chapter 
126) establishing a State Personnel Department with a personnel council 
and a director to exercise the personnel functions previously delegated to the 
Assistant Director of Budget. This law also required that each agency desig- 
nate a personnel officer. 



The North Carolina Executive Branch 345 

From 1939 until 1965 the Merit System Council and the State Personnel 
Department operated independently. In 1965 the Legislature passed a new 
State Personnel Act which consolidated the two agencies and appointed a 
seven-member State Personnel Board. 

Between 1965 and 1975 a number of revisions and additions were made 
to the Act. The Legislature significantly revised the Act in February, 1976 to 
provide for a seven-member commission, rather than a board. This commis- 
sion was given the authority to issue binding corrective orders in employee 
grievance appeals procedures. 

The Office of State Personnel Today 

The Office of State Personnel's purpose as an agency of state government 
is to serve the interests of state employees, to manage the programs estab- 
lished by the Governor, the Legislature and the State Personnel Commission, 
and to provide specific services to the general public. 

To assist in this effort, OSP seeks the advice of a Personnel Advisory 
Committee made up of seven agency personnel officers. Also, another group, 
the "Personnel Roundtable," made up of all agency and university personnel 
officers meets periodically to review and discuss new or revised policies. 
Additionally, special committees are established to study specific subjects 
and make recommendations concerning subject areas. A public hearing is 
provided before the Personnel Commission for further input and discussion 
prior to final adoption by the Commission. 

The Office of State Personnel exercises its powers under the State 
Personnel Act (General Statute 126). OSP is the administrative arm of the 
State Personnel Commission. 

The seven-member State Personnel Commission appointed by the 
Governor is responsible for establishing policies and procedures governing 
personnel programs and employment practices for approximately 77,373 
employees covered by the State Personnel Act and 16,000 local government 
employees in Federal grant-in-aid programs that are subject to the Federal 
Standards for a Merit System of Personnel Administration. 

OSP's Organization 

The State Personnel Director provides the administrative leadership for 
the Office of State Personnel and its staff of personnel professionals. The 
Director consults with the Governor, elected and appointed department 
heads and university chancellors on personnel policies and participates in 
Cabinet and Executive Cabinet meetings. He also meets with and advises 
Legislative members, professional groups and employee groups on personnel 
matters in order to promote and coordinate a system of sound personnel 
management practices. He further serves national professional organizations 
as the representative of North Carolina State Government. Under the direc- 
tion of the State Personnel Director, a staff of approximately 130, including 
seven division managers, carry out the services and programs of the Office of 
State Personnel. 



346 North Carolina Manual 

The State Personnel Director's responsibilities include the administra- 
tive and managerial functions involved in the planning, budgeting, and exe- 
cution of all program components of the State Personnel System through 
interaction with the division managers and professional staff in agencies and 
universities. 

The director and senior staff members develop new policies or revise 
existing policies and procedures based on acceptable principles of personnel 
administration and by applying the best methods as it involves government 
and industry. 

The Director's Staff provides training on the policies, guidelines, proce- 
dures, and programs of the Personnel System for Legislators, managers, 
supervisors and agency personnel staff. Another responsibility is to monitor 
personnel problems within State government, federal laws and policies 
affecting personnel administration, and ratified bills of the N.C. General 
Assembly, and to manage the Performance Management Programs, 
Governor's Awards for Excellence and employee/management publications. 

Employees' Assistance Division administers the statewide Employees' 
Assistance Program which is a comprehensive management support system 
that focuses on resolving personal issues that impact adversely on overall 
productivity. It offers confidential and professional counseling to employees 
with personal problems and also provides consultation to management in the 
active identification, confrontation and referral of employees who face these 
problems. The Pre-Retirement Employees' Planning Program (PREPARE) is 
also a part of this division. 

Employee Safety and Health Division through its Workplace 
Requirements Program and its State Government Workers' Compensation 
Program, provides staff services for the development, implementation and 
monitoring of agency participation in programs involving workplace safety 
and health. It also provides technical assistance to agencies and education 
for employees through other resources in state government. One objective is 
to eliminate exposure to unsafe conditions and unsafe work practices. Other 
objectives are to assure that agencies provide restoration of employees earn- 
ing capacity and return employees to productive employment in a consistent 
cost effective manner when injuries or illnesses do occur on the job. Also, the 
Unemployment Insurance Cost Management Program whose goal is effective 
claims administration and control of benefit costs. 

State Personnel Commission Staff handles administrative operations 
of the State Personnel Commission, including preparing and managing the 
case docket of employee grievance contested cases received from the Office of 
Administrative Hearings, advising the Commission and preparing final 
Decisions and Orders in such cases. The staff also handles rule-making 
activity for the Office of State Personnel under the Administrative 
Procedures Act; provides assistance internally to the Director's Office and OSP 
staff in areas of personnel administration and provides technical assistance to 






The North Carolina Executive Branch 347 

agency and university personnel offices in the implementation of the disci- 
pline and dismissal process, wage and hour administration and other aspects 
of personnel administration. 

Administrative Services Division provides basic policy and guidance 
to agencies in the administration of day-by-day transactions affecting the 
status of employees; provides a means for generating various management 
reports through the Personnel Management Information System; and pro- 
vides for systematic administration and budget control internal to the Office 
of State Personnel; and manages the Credentials Verification Program. 

Equal Opportunity Services Division's goals are to help state govern- 
ment make maximum use of all its human resources; create a bias free envi- 
ronment; assist state government to develop a personnel system which pro- 
vides each employee individual opportunities; and to create a work force that 
reflects North Carolina's citizenry, using affirmative action and specialized 
program services as a catalyst for change. Specialized programs and services 
offered include the: Model Cooperative Education Program, Affirmative 
Action Skills Bank, Positive Emphasis Program, and the EEO Institute and 
New Horizons. 

Employee and Management Development Division's goals are to 
provide every State agency with the capacity to train middle managers and 
supervisors to competently manage the performance of their employees and 
to plan, develop and to implement a professional skills program which 
addresses employee development needs common to all State government 
departments and universities. Among its programs and services are the: 
Public Manager Program, Professional Skills and Supervisory Skills 
Training Programs, Educational Assistance/Tuition Refund, and Media 
Services Assistance. 

Employee Practices and Priorities Division provides guidance to 
state agencies on policies and statutes affecting employment and reemploy- 
ment, including statutory priorities for veterans' preference, internal promo- 
tion, the return of policy makers to career service and reduction in force. It 
also provides technical assistance in the development of successful, efficient, 
defensible recruitment and selection practices and operates Temporary 
Solutions, which provides employees for short-term needs. Also, it is respon- 
sible for substantially equivalent local personnel systems. 

Position Management Division has the primary responsibility of 
establishing and maintaining the State's Position Classification and Pay for 
approximately 83,940 positions subject to the State Personnel Act . 

The objectives of this program are to ensure equitable and competitive 
classification and pay relationships for positions, based upon the type and 
level of work and labor market demands; also, to provide an effective opera- 
tional response to management for the organization and job needs of the 
State's programs and services to the public. These objectives are carried out 



348 North Carolina Manual 

according to statutory and policy provisions, within the framework of the pay 
structure established by the General Assembly and available financial 
resources. 

This division also has a significant responsibility to 140 local governmental 
jurisdictions in reviewing and approving pay plans for positions in those 
jurisdictions. 

For Further Information 

(919) 733-7108 

Employee Assistance Program (800) 543-7327 






The North Carolina Executive Branch 



Ronald G, Penny 




State Personnel 
Director 

Early Years 

Born in Raleigh, N.C, August 2, 1953, to 
Leon J. Penny and the late Ernestine E. 
Penny. 

Educational Background 

UNC-Chapel Hill, School of Law; N.C. A&T 
State University; University of Delaware, 
Ligon High School. 

Professional Background 

Senior Managing Partner, Penny & Barnes 
Law Firm; Lecturer and Legal Counsel to the Chancellor of Elizabeth City State 
University; Attorney, E.I. du Pont de Nemours and Company, Inc.; Agricultural 
Economic Intern, N.C. Department, of Agriculture; Economic Researcher, U.S. 
Agency for International Development, U.S. Department, of State, Washington, D.C.; 
Quality Control Intern, Mead Corporation; Radio Announcer; Loading Dock Worker; 
Tax Auditor. 

Boards and Commissions 

North Carolina Chapter, International Personnel Management Association; State 
Personnel System Study Commission; Committee on Governor's Conferences on 
Library and Information Services; Governor's Committee on Data Processing and 
Information Systems. 

Organizations 

N.C. Bar; N.C. Association of Black Lawyers; Admitted to Practice in the following 
Courts: U.S. Fourth Circuit Court of Appeals; U.S. District Court for the Middle and 
Eastern Districts of N.C; U.S. Bankruptcy Court for the Eastern District of N.C; 
N.C. Supreme Court and all inferior Courts of N.C; NAACP; Eastern N.C. Black Bar 
Association; Alpha Phi Alpha Fraternity, Inc.; Improved Benevolent Protective Order 
of Elks; Elizabeth City Jaycees; Pasquotank County Improvement Association; Chair, 
Board of Directors, Legal Services of the Coastal Plains; Board of Advisors, Duke 
University Lead Program; Elizabeth City Morning Rotary Club; River City 
Development Corporation; Mayor's Task Force on Drugs; Mayor's Advisory 
Committee; Elizabeth City-Camden Chamber of Commerce. 

Honors and A wards 

Omega Psi Phi Citizen of the Year; Jaycee Spring Board Award; NAACP Pasquotank 
County Community Service Award; Omega Psi Phi Merit Award for Community Service; 
Outstanding Young Man of the Year; Who's Who in the Southeast; Cornerstore 
Missionary Baptist Church Man of the Year; Alpha Phi Alpha Martin Luther King, Jr. 
Award; State NAACP Service Award. First Place Oralist Mandatory Moot Court 
Competition (criminal law division); Graduated Summa Cum Laude, N.C. A&T State 
University; Who's Who; Alpha Chi Honor Society; Alpha Kappa Mu Honor Society. 

Person a I In form a tion 

Married, Carolyn McKay Penny. Child: Ronald G. Penny, Jr. 



350 North Carolina Manual 



OFFICE OF STATE PERSONNEL 



DIRECTORS 



Name Residence Term 

Henry Hilton Wake 1949 - 1950 

John W. McDevitt Wake 1950 - 1961 

Edwin S. Lanier Wake 1962 - 1962 

Walter E. Fuller Wake 1962 - 1963 

John L. Allen Wake 1964 - 1965 

Claude Caldwell Wake 1965 - 1974 

Al Boyles Wake 1974 - 1976 

Harold H. Webb Wake 1977 - 1985 

Richard V. Lee Mecklenburg 1985 - 1993 

Ronald G. Penny Pasquotank 1993-Present 



1994 STATE PERSONNEL COMMISSION 

Thomas Sobol, Chair Black Mountain, N.C. 

F. Douglas Biddy Durham, N.C. 

Angela Massengill Raleigh, N.C. 

Robert M. Frazer Charlotte, N.C. 

Vivian Fuse Fayetteville, N.C. 

Jeffery P. Hunt Brevard, N.C. 



The North Carolina Executive Branch 



351 



THE OFFICE OF ADMINISTRATIVE HEARINGS 



During the 1985 Session of the 
General Assembly, House Bill 
52, ratified as Chapter 746, 
rewrote the State Administrative 
Procedure Act (APA). This act is now 
codified as Chapter 150B of the 
General Statutes. Enacted in 1974, 
the Administrative Procedure Act 
(then Chapter 150A) was intended to 
safeguard citizens' interests by 
establishing for most state adminis- 
trative agencies uniform procedures 
for: 

(1) adopting, centrally filing, and 
publishing their rules 

(2) hearing and deciding contested 
cases before those agencies 

(3 judicially reviewing agency 
decisions. 

The Administrative Procedure Act 
is not the source of agencies' rule mak- 
ing and decision-making powers; rather, 
it restricts and regularizes the exercise 
of powers granted by the numerous 
statutes that create those agencies and 
define their functions or direct them to 
carry out specified activities. 

The 1985 action of the General 



Assembly reflected the legislative 
opinion that state administrative 
agencies too often had exceeded the 
powers given them by the General 
Assembly by adopting rules not 
authorized by statute and by impos- 
ing through their rules criminal 
penalties not legislatively autho- 
rized. The action also demonstrated 
that merging in a single administra- 
tive agency the roles of investigator, 
prosecutor, and judge of a contested 
case (as Chapter 150A had done) is 
fundamentally unjust. Thus the 
General Assembly sought to curtail 
agency powers substantially and 
placed the exercise of those powers 
(which are, in fact, a delegation of 
legislative authority) under closer 
scrutiny by rewriting the 
Administrative Procedures Act sig- 
nificantly. 

The Director is appointed to a 
four-year term by the Chief Justice 
and serves as Chief Administrative 
Law Judge. The Director appoints 
the Administrative Law Judges who 
may be removed only for just cause 
under the State Personnel Act. 



Organization and Administration 

The Office of Administrative Hearings is an independent agency equiva- 
lent to a principal department of state government, as provided for by the 
Constitution of North Carolina. As it is independent of all other agencies the 
Office must carry out all of the administrative functions of any governmental 
agency, including personnel, budget, payroll, purchase and contract, and 
computer systems operation, as well as its operating missions. The adminis- 
tration and operations of the office are performed by seven sections. 

The Administrative Staff: The Administrative Staff performs ministe- 
rial activities involved in personnel, purchasing, payroll, budget, and public 
relations. 



352 North Carolina Manual 

The Agency Legal Staff: The Agency Legal Staff provides counsel or 
renders opinions to OAH staff and outside agencies on questions of law with- 
in the purview of OAH. 

The Adjudicative Staff: The Adjudicative Staff consists of the Chief 
Administrative Law Judge, who is also the Director of the Agency, and eight 
Administrative Law Judges responsible for conducting hearings on various 
grievable issues covered by administrative law. 

The Hearings Staff: The Hearings Staff administers the contested case 
hearing provisions, the processing of cases and the collection, coding and tab- 
ulation of data related to cases. 

The Rules Publications Staff: The Rules Publications Staff performs 
administrative and technical work in the compilation, production and publi- 
cation of the North Carolina Register and the North Carolina Administrative 
Code. 

The Mediations Staff: The Mediations Staff conducts investigations 
and seeks resolutions of discrimination cases deferred by the Equal 
Employment Opportunity Commission. 

The Administrative Rules Review Staff: The Administrative Rules 
Review Staff provides professional and administrative support to the 
Administrative Rules Review Commission. 

In addition to the above administrative sections, there is a Deputy 
Director and an Assistant Director. The Deputy Director is responsible to the 
Director for all functions of the agency except adjudications. The Assistant 
Director is responsible for the operation of the Hearings Section, the Rules 
Section, and all computer systems. 

Hearings 

One of the duties assigned to the Office of Administrative Hearings is to 
provide a source of independent hearing officers to preside in administrative 
cases and to thereby prevent the commingling of legislative, executive, and 
judicial functions in the administrative process. It is given the judicial power 
necessary to carry out these functions. 

By creating a group of independent administrative law judges to serve as 
hearing officers, North Carolina was the tenth state to adopt what is known 
as a "central panel system." Its predecessors were California, Colorado, 
Florida, Massachusetts, Minnesota, Missouri, New Jersey, Tennessee, and 
Washington. Wisconsin subsequently became the eleventh state to create a 
central panel. 

When a dispute with a state agency involving a person's rights, duties, or 
privileges, including a license or a monetary penalty, cannot be resolved 
informally, then the person (natural person, partnership, agency or other 
body politic, corporation or association) may file a "contested case." There are 



The North Carolina Executive Branch 353 

twenty-five primary state departments and thirty-eight occupational licens- 
ing boards. Except for a few agencies that are exempted from the 
Administrative Procedures Act, Chapter 150B applies to all agencies, boards, 
and commissions of state government (not county or municipal govern- 
ments). 

Adoption, Amendment, and Repeal of Rules 

An agency intending to adopt, amend or repeal an administrative rule 
must first publish notice of the proposed action in the North Carolina 
Register. The notice must include a reference to the statutory authority for 
the action, the time and place of the public hearing, a statement of how pub- 
lic comments may be submitted to the agency either at the hearing or other- 
wise, the text of the proposed rule or amendment, and the proposed effective 
date. 

Following publication of the proposal in the Register, at least 60 days 
must elapse before the agency may take action on the proposed adoption, 
amendment or repeal. 

When final action is taken, the promulgating agency must submit any 
adopted or amended rule to the Administrative Rules Review Commission. 
Once approved by the Administrative Rules Review Commission, the rule 
may be filed with the Office of Administrative Hearings for codification in 
the North Carolina Administrative Code. If it differs substantially from the 
proposed form published as part of the public notice, the adopted version will 
again be published in the Register. 

North Carolina Register 

The North Carolina Register is published monthly and contains informa- 
tion relating to agency, executive, legislative and judicial actions required by 
or affecting Chapter 150B of the General Statutes including all proposed 
administrative rules and amendments. 

North Carolina Administrative Code 

The North Carolina Administrative Code is a compilation and index of 
the administrative rules of 25 state departments or agencies and 38 occupa- 
tional licensing boards. The North Carolina Administrative Code comprises 
approximately 16,000 pages of regulations of which approximately 35% is 
changed annually. 

Mediations 

The General Assembly designated the Office of Administrative Hearings 
as the state's agency for deferral of cases under Section 706 of the federal 
Equal Employment Opportunity Act. 

The Equal Employment Opportunity Commission (EEOC) has likewise 
designated the Office of Administrative Hearings as the 706 deferral agency. 

A Work sharing Agreement between the Office of Administrative 



354 North Carolina Manual 

Hearings and the Equal Employment Opportunity Commission sets forth the 
responsibilities of the respective agencies in the handling of deferred discrim- 
ination charges. 

The role of the Mediations Section is to investigate and attempt to 
resolve by negotiation allegations of discrimination against state employees 
or applicants for state employment. 

For Further Information 

(919) 733-2698 



The North Carolina Legislative Branch 355 



CHAPTER THREE 



The Legislative Branch 



AN HISTORICAL OVERVIEW 

The Colonial Experience 

The General Assembly is the Halifax, Campbellton (now named 

oldest governmental body in Fayetteville), Salisbury, Hillsborough, 

North Carolina. According to and Tarborough. Around 1735 

tradition, a "legislative assembly of Albemarle and Bath Counties ceased 

free holders" met for the first time to exist and the geographical units 

around 1666; however, there is no known as "precincts" became counties, 

proof that this assembly actually The unicamerai form of the legis . 

met. Provisions for a representative lature cont i n ued until around 1697 

assembly in Proprietary North when a Ucameral form was adopted. 

Carolina can be traced to the The "upper house" was composed of 

Concessions and Agreements adopt- the gover nor, or chief executive at 

ed in 1665 and did not exist prior to the time> and his council The « lower 

this document. The Concessions and housej » r House of Burgesses, was 

Agreement called for an unicameral made up of representatives elected 

body composed of the governor, his from the various pr ecincts. The lower 

council, and "twelve men . . . chosen house could adopt its own rules of 

annually" to sit as a legislature. This pr0 cedure and elect its own speaker 

system of representation prevailed and other ofrice r S; however, it could 

until 1670 when Albemarle County meet only when called into session 

was divided into three smaller units by the gover nor and only at a loca- 

called "precincts". Berkeley Precinct, tion des ignated by him. Because the 

Carteret Precinct and Shaftsbury lower house held « the power of the 

Precinct were apparently each pur se" and was responsible for pay- 
allowed five representatives. Around ing the salary of the governorj regu . 
1682, four new precincts were creat- lar mee tings of the legislature were 
ed from the original three as the pop- heM at least once during ft bien nium, 
ulation grew and moved westward. and usually more often . Throughout 
The number of representatives for the colonial period> this control over 
new precincts was usually two, the f inance s was a source of contro- 
although some were granted more. versy between the gover nor and the 
Beginning with the Assembly of lower house The Houge of Bu rgesses 
1723, several of the larger, more used this power effectively to 
important towns were allowed to incr ease its influence and prestige, 
elect their own representatives. 

Edenton was the first town granted Early Statehood 

this privilege, followed by Bath, New When our first state constitution 

Bern, Wilmington, Brunswick, was adopted in 1776, the power 



356 



North Carolina Manual 



struggle between the Governor and 
his council on the one hand, and the 
Colonial Assembly on the other, had 
a profound effect on the structure of 
the new government. The legislature 
became the primary organ of govern- 
ment with control over all other 
areas of government. Its most impor- 
tant power was its authority to elect 
all officials in the executive and judi- 
cial branches. A joint ballot of the 
members of the state Senate and the 
state House of Commons was held to 
elect the various officials. On many 
occasions, substantial amounts of 
time were used for these elections 
when a majority of votes was not 
received by one candidate. The first 
break from this procedure came in 
1835 when a constitutional amend- 
ment changed the method for elect- 
ing the governor. Instead of being 
elected by the legislature for a one- 
year term, the governor was to be 
elected by the people for a two-year 
term. It would, however, be another 
33 years before the remaining execu- 
tive and judicial officials would be 
elected by the people. Provisions for 
this were incorporated into the 
Constitution of 1868. 

The Constitution of 1776 provid- 
ed for a bicameral legislature with 
members of both houses elected by 
the people. The Senate had one rep- 
resentative from each county, while 
the House of Commons had two 
representatives from each county 
and one from each of the towns given 
representative status in the constitu- 
tion. This format continued until 
1835 when several changes to the 
legislative branch were approved by 
the people. Membership in the 
Senate was set at 50 with senators 
elected from districts. The state was 
divided into districts with the number 



of senators based on the population 
of each individual district. The mem- 
bership of the House of Commons 
was set at 120 with representation 
based on the population of the coun- 
ty. The more populous counties had 
more representatives; however, each 
county was entitled to at least one 
representative. Provisions were 
made to adjust representation in 
both houses. These adjustments 
would be based on the federal census 
taken every 10 years. The responsi- 
bility for adjusting districts and rep- 
resentation was given to the General 
Assembly. 

In 1868, a new constitution was 
adopted and several changes were 
made regarding the legislative 
branch. The bicameral structure was 
retained, but the name of the lower 
house was changed from the "House 
of Commons" to the "House of 
Representatives." Also the unfair 
"property qualification" provision for 
holding office was eliminated. For 
the first time since the Colonial 
Period, the office of lieutenant gover- 
nor appeared. The lieutenant gover- 
nor, elected by the people, would 
serve as president of the Senate, as 
well as being the next in line should 
something happen to the governor. 
Provisions were also made for the 
electing of a president pro tempore. 
The president pro tempore, elected 
from among the members of the 
Senate by his peers, would take over 
in the absence of the president of the 
Senate. 

In the year 1966, the House of 
Representatives adopted a district 
representation similar to that of the 
Senate. Although the number of rep- 
resentatives stayed at 120, every 
county was no longer guaranteed a 






The North Carolina Legislative Branch 357 

representative. Instead, the require- assemblies varied as much as the 

ment to maintain a balance among location. If the structure was big 

districts in the constituent represen- enough to hold the legislators, it 

tative ratio resulted in counties with could be used. Courthouses, schools, 

lower populations losing their resi- and even local residences served as 

dent representative. The district for- "legislative buildings." Tryon Palace 

mat has left nearly one-third of the in New Bern was the State's first 

counties with no resident legislator. capitol building. It was completed in 

1771, but was abandoned during the 

_- c „ Revolutionary War because of its 

Meeting Places of the exposure to enemy attack. When 

Legislature Raleigh was established as the capi- 

Prior to the establishment of tal, provisions were made for the 
Raleigh in 1792 as the permanent construction of a simple, two-story 
capital of North Carolina, the seat of brick state house. This structure was 
government was moved from town to completed in 1796 and served as the 
town with each new General Assembly, home for the General Assembly until 
This was also true during the colonial it was destroyed by fire in 1831. A 
period. Halifax, Hillsborough, ne w capitol building was authorized 
Fayetteville, New Bern, Smithfield, to be built and was completed in 
and Tarborough all shared the distinc- 1840. The first session to convene in 
tion of serving as the seat of govern- the Capitol was on November 16, 
ment between 1776 and 1794. The 1840. Construction began on the cur- 
Assembly of 1794-95 was the first leg- ren t legislative building in early 
islature to meet in Raleigh. 1961 and on February 6, 1963, the 

The buildings used as meeting first session was convened, 
places for the colonial and general 

The Legislative Branch Today 

The organizational structure established in the Constitution of 1868 
remained basically unchanged with the adoption of the state's third constitu- 
tion in 1971. As one of the three branches of government found in the consti- 
tution, the legislative branch is equal with, but independent of, the executive 
and judicial branches. It is composed of the General Assembly and its admin- 
istrative support units. 

The Constitution of North Carolina gives the General Assembly the leg- 
islative, or lawmaking, power for the state. According to the state's Supreme 
Court, this means that the legislature has " . . the authority to make or enact 
laws; to establish rules and regulations governing the conduct of the people, 
their rights, duties and procedures; and to prescribe the consequences of cer- 
tain activities." These mandates give the General Assembly the power to 
make new laws and amend or repeal existing laws on a broad range of issues 
that have statewide as well as local impact. The legislature also defines crim- 
inal law, which declares certain acts illegal. 

Election of Legislators: Legislators in both the Senate and House of 
Representatives are elected every two years in the even numbered years 



358 North Carolina Manual 

from districts established by law. Qualifications for election differ slightly for 
each house. For election to either house, a person must reside in the district 
he wants to represent for at least one year prior to the election and be a reg- 
istered voter of the state. To qualify for the Senate, a person must also be at 
least 25 years old on the date of the election and a resident of the state for 
two years immediately preceding the election. To qualify for election to the 
House of Representatives, a person must be at least 21 years old on the date 
of the election in addition to the previously stated qualifications. 

A constitutional amendment approved by the voters in 1982 set January 1, 
following the November general election, as the date legislators officially 
take office. Prior to this amendment, legislators took office immediately 
following their election in November. 



The Organization of the General Assembly: Two equal houses, the 
Senate with its 50 members and the House of Representatives with its 120 
members, make up the General Assembly of North Carolina. Each house 
elects a principal clerk, a reading clerk and a sergeant-at-arms as well as its 
own officers. The President of the Senate (lieutenant governor) presides over 
the Senate. A president pro tempore is elected by the senators from among 
their membership. In the House of Representatives, the speaker is elected by 
the representatives from among their membership. Other officers in each 
respective house are elected either by the membership as a whole or by the 
members from each party. 

Much of the legislative work of the General Assembly is accomplished 
through standing committees. Shortly after the start of the legislative ses- 
sion, standing committees are formed and members of each house are 
appointed to those in their respective houses. Beginning with the 1989 ses- 
sion, the president pro tempore will appoint senate committees, a duty tradi- 
tionally given the President of the Senate. The speaker appoints House com- 
mittees. These officers attempt to make committee assignments which match 
the interest and expertise of legislators. In the most recent session, there 
were 27 standing committees in the Senate and 24 in the House . 

Administrative authority for the General Assembly is vested in the 
Legislative Services Commission. The president pro tempore of the Senate 
and the speaker of the House are ex officio chairmen of the Legislative 
Services Commission and each appoints six members from his respective i 
house to serve on the Commission. The Commission employs a Legislative 
Administrative Officer who serves as chief staff officer for the Commission, j 
In addition to an Administrative Division, there are four other support divi- 
sions, each under a director appointed by the Legislative Services 
Commission. These are the Legislative Automated Systems Division, the 
Legislative Bill Drafting Division, the Fiscal Research Division and the 
General Research Division. 

The Administrative Division is headed by the Legislative Administrative 
Officer. Its primary role is to provide logistical support to the General 
Assembly in a variety of areas including budget preparation and administration, ' 






The North Carolina Legislative Branch 359 

building maintenance, equipment and supplies, mailing operations, printing 
(including printed bills), and a host of other services. 

The Automated Systems Division is responsible for designing, developing 
and maintaining a number of computer applications for use by the staff of 
the General Assembly. Bill typing, legal document retrieval, bill status 
reporting, fiscal information systems, office automation and electronic pub- 
lishing are all functions of the division. Policies governing the operation of 
the Division and access to the Legislative Computer Center are set by a 
Legislative Services Commission's subcommittee. 

The Bill Drafting Division is responsible for assisting legislators in the 
preparation of bills for introduction. Staff attorneys draft the bills and make 
sure they are entered into the computer, printed, and that the proper num- 
ber of copies are delivered to the introducing legislator. There are numerous 
guidelines which must be followed to insure confidentiality. 

The Fiscal Research Division serves as the research and watchdog arm 
for the General Assembly on fiscal and compliance matters regarding state 
government. The statutory duties include various responsibilities in the 
areas of fiscal analysis, operational reviews and reporting. 

The General Research Division has as its primary function the responsi- 
bility of obtaining information and making legal and non-physical analysis of 
subjects affecting and affected by state law and government when requested 
to do so by a legislator or standing committee of the General Assembly. To a 
lesser extent, they also answer questions from other North Carolina and sis- 
ter state agencies and private citizens. 

For Further Information 
(919) 733-4111 



360 




North Carolina Manual 



George Rubin Hall, Jn 
Legislative Services Officer 

Early Years 

Born in Raleigh, N.C. April 14, 1939, to 
George Rubin, Sr. (deceased) and Ludie 
Jane (Conner) Hall. 

Educational Background 

Hugh Morson High School 1953-55, 
Needham Broughton High School, 1955-57; 
Campbell College, 1964, B.S.; Post-graduate 
work N.C. State University in Public 
Personnel Administration; Government 
Executives Institute, UNC - Chapel Hill, 
1982. 

Professional Background 

Legislative Services Officer, 1979-; 14 years, N.C. Division of Vocational 
Rehabilitation; former Administrative Officer with N.C. General Assembly; Licensed 
Building Contractor; Licensed Real Estate Broker. 

Organizations 

National Rehabilitation Association; N.C. Rehabilitation Association. 

Boards and Commissions 

Fiscal Affairs and Government Operations, Southern Legislative Conference; 
Legislative Organization and Management Committee, National Conference of State 
Legislators; former member, Wake County School Board Advisory Council; Manpower 
Area Planning Council, Region J, 1972-73. 

Military Service 

Served, N.C. Army National Guard, Staff Sgt., 1959-60, (active), 1960-65, (reserves). 

Personal Information 

Married, Carolyn Marie Young of Raleigh, June 26, 1960. Children: George Rubin, 
III, W. Gregory, and Carolyn Elizabeth. Member, Longview Baptist Church, Raleigh, 

N.C. 






The North Carolina Legislative Branch 361 



THE 1993 GENERAL ASSEMBLY 



Convening of the Session: The 1993 General Assembly, the State's 
140th, was convened in the respective chambers of the Senate and House of 
Representatives in the Legislative Building in Raleigh at noon on January 
27, by Lieutenant Governor Dennis A. Wicker in the Senate and Principal 
Clerk of the House, Denise Weeks. 

Prior to 1957, the General Assembly convened in January at a time fixed 
by the Constitution of North Carolina. From 1957 through 1967, sessions 
convened in February at a time fixed by the Constitution. The 1969 General 
Assembly was the first to convene on a date fixed by law after elimination of 
the constitutionally fixed date (Chapter 1181, Session Laws of North 
Carolina, 1967 Session). This act set the "First Wednesday after the second 
Monday in January after the election" as the convening date. The 1993 
General Assembly convened on Wednesday, January 27, 1993, as directed by 
law and did not adjourn until Saturday, July 24, 1993, 178 days later. 

Women in the General Assembly: The first woman to serve in the 
General Assembly was Lillian Exum Clement of Buncombe County who 
serve in the 1921 House of Representatives. More than 75 different women 
have served in the General Assembly since that time. There are 30 women in 
the 1993 General Assembly — seven in the Senate and 23 in the House of 
Representatives. This is a new record, breaking the old record of 25 shared 
by several sessions. 

Senator Lura S. Tally, a Democrat from Cumberland County, and 
Representative Jo Graham Foster, a Democrat from Mecklenburg County, 
are in their eleventh terms in the General Assembly, breaking the record for 
service previously held by former Representative Nancy W. Chase of Wayne 
County who served eight terms, all in the House. Senator Tally has served 
five terms in the House and six in the Senate; Representative Foster has 
served all of her terms in the House. 

Minorities in the General Assembly: During Reconstruction after the 
Civil War, and particularly after the adoption of the Constitution of 1868, 
minorities were elected to the General Assembly. Fifteen African-Americans 
were elected to the House of Representatives and two to the Senate in 1868. 
Under the leadership of Representative Parker D. Robbins of Hertford 
County and Senators A. H. Galloway of New Hanover County and John A. 
Hyman of Warren County, the 1868 General Assembly approved the 
Fourteenth Amendment to the United States Constitution which guaranteed 
citizenship for African-Americans. As conservative democrats regained power 
following Reconstruction, African-American representation in the General 
Assembly disappeared. 

The first African-American to serve in the General Assembly during this 



362 North Carolina Manual 

century was Henry E. Frye from Guilford County who served in the House of 
Representatives in 1969. Twenty-four African-Americans have been elected 
to serve in the 1993 legislature - six in the Senate and 18 in the House of 
Representatives. This is a new record breaking the old record of 19 for the 
1991-92 Session. Mr. Frye also holds the record for most terms served with 
seven, six in the House of Representatives and one in the Senate. 

Miscellaneous Facts and Figures 

The oldest member of the 1993 Senate is R. L. Martin (11/8/18), a Democrat 
from Pitt County. The youngest member of the 1993 Senate is Roy Cooper 
(6/13/57), a Democrat from Nash County. 

The oldest member of the 1993 House of Representatives is Vernon James 
(7/11/10) a Democrat from Pasquotank County. The youngest member of the 
1993 House of Representatives is Greg Thompson (6/3/64) a Republican from 
Mitchell County. 

The Senator with the longest tenure is James D. Speed, a Democrat from 
Franklin County, serving his fourteenth term - six in the House and nine in 
the Senate. The Representative with the longest tenure is Liston B. Ramsey, 
a Democrat from Madison County, serving his sixteenth term - all in the 
House. The all-time record for service is held by former state Representative 
Dwight Quinn, a Democrat from Cabarrus County, who served all of his 18 
terms in the House. 

Salaries of Legislators 

The base salary of a member of the 1993 General Assembly is $13,026.00 
per year with a monthly expense allowance of $522.00. Officers of the respec- 
tive houses get higher base salaries and expense allowances. The Speaker of j 
the House has a base salary of $35,622.00 per year and a monthly expense 
allowance of $1,320.00. The President Pro Tempore of the Senate receives 1 
$35,622.00 and $1,320.00 respectively; the Senate Deputy Pro Tempore 
receives $20,298.00 and $780.00, respectively; the Speaker Pro Tempore of 
the House receives $20,298.00 and $780.00 respectively; and the Majority 
and Minority Leaders of each house receive $15,918.00 and $622.00 respec-! 
tively. During the legislative session and when they are carrying out the 
state's business, all legislators receive a subsistence allowance of $92.00 a 
day and a travel allowance of $.25 per mile. 



The North Carolina Legislative Branch 363 



1993 NORTH CAROLINA SENATE 
Officers 

President (Lieutenant Governor) Dennis A. Wicker 

President Pro Tempore Marc Basnight 

Deputy President Pro Tempore R. C. Soles 

Majority Leader Richard Conder 

Minority Leader Robert G. Shaw 

Majority Whip Vacant 

Minority Whip Betsy Cochrane 

Principal Clerk Sylvia M. Fink 

Reading Clerk LeRoy Clark, Jr. 

Sergeant-at-Arms Cecil Goins 

Senators 

Name District County Address 

Albertson, Charles W 5th Duplin Beulaville 

Allran, Austin M. (R) 26th Catawba Hickory 

Ballance, Frank W., Jr 2nd Warren Warrenton 

Basnight, Marc 1st Dare Manteo 

Blackmon, John Gerald (R) 35th Mecklenburg Charlotte 

Carpenter, Robert (R) 42nd Macon Franklin 

. Cochrane, Betsy L. (R) 38th Davie Advance 

; Codington, John (R) 4th New Hanover Wilmington 

'Conder, J. Richard 17th Richmond Rockingham 

| Cooper, Roy A. Ill 10th Nash Rocky Mount 

Daniel, George B 21st Caswell Graham 

j Edwards C. R 41st Cumberland Fayetteville 

\ Folger, Fred, Jr 12th Surry Mount Airy 

Forrester, James (R) 39th Gaston Stanly 

Gulley, Wilbur P 13th Durham Durham 

Gunter, Linda 36th Wake Cary 

Harris, Ollie 37th Cleveland Kings Mountain 

Hartsell, Fletcher L., Jr. (R) 22nd Cabarrus Concord 

Hoyle, David 25th Gaston Gastonia 

Hyde, Herbert Lee 28th Buncombe Asheville 

Johnson, Joseph E 14th Wake Raleigh 

Jordan, Luther Henry, Jr 7th New Hanover Wilmington 

Kaplan, Ted 20th Forsyth Winston-Salem 

Kerr, John H., Ill 8th Wayne Goldsboro 

Kincaid, Donald R. (R) 27th Caldwell Lenoir 

Lee, Howard N 16th Orange Chapel Hill 

Lucas, Jeanne H 13th Durham Durham 

Marshall, Elaine 15th Harnett Lillington 



364 North Carolina Manual 

Name District County Address 

Martin, R. L 6th Pitt Bethel 

Martin, William N 31st Guilford Greensboro 

Odom, Thomas L., Sr 34th Mecklenburg Charlotte 

Parnell, David 30th Robeson Parkton 

Perdue, Beverly 3rd Craven New Bern 

Plexico, Clark 29th Henderson Hendersonville 

Plyler, Aaron W 17th Union Monroe 

Richardson, James F 33rd Mecklenburg Charlotte 

Sands, A. P., Ill 12th Rockingham Reidsville 

Seymour, Mary 32nd Guilford Greensboro 

Shaw, Robert G. (R) 19th Guilford Greensboro 

Sherron, J.K., Jr 14th Wake Raleigh 

Simpson, Daniel R. (R) 27th Burke Morganton 

Smith, Paul S. (R) 23rd Rowan Salisbury 

Soles, R.C., Jr 18th Columbus Tabor City 

Speed, James D 11th Franklin Louisburg 

Tally, LuraS 24th Cumberland Fayetteville 

Walker, Russell G 16th Randolph Asheboro 

Ward, Marvin M 20th Forsyth Winston-Salem 

Warren, Ed N 9th Pitt Greenville 

Winner, Dennis J 28th Buncombe Asheville 

Winner, Leslie 40th Mecklenburg Charlotte 

Speakers of the Senate 

Assembly Senator County 

1777 Samuel Ashe New Hanover 

1778 WhitmelHill Martin 

Allen Jones Northampton 

1779 Allen Jones Northampton 

Abner Nash Jones 

1780 Abner Nash Jones 

Alexander Martin Guilford 

1781 Alexander Martin Guilford 

1782 Alexander Martin Guilford 

Richard Caswell Dobbs 

1783 Richard Caswell Dobbs 

1784 (April) Richard Caswell Dobbs 

1784 (October) Richard Caswell Dobbs 

1785 Alexander Martin Guilford 

1786-87 James Coor Craven 

1787 Alexander Martin Guilford 

1788 Alexander Martin Guilford 

1789 Richard Caswell Dobbs 

Charles Johnston Chowan 

1790 William Lenoir Wilkes 

1791-92 William Lenoir Wilkes 

1792-93 William Lenoir Wilkes i 

1793-94 William Lenoir Wilkes 



The North Carolina Legislative Branch 365 

Assembly Senator County 

1794-95 William Lenoir Wilkes 

1795 Benjamin Smith Brunswick 

1796 Benjamin Smith Brunswick 

1797 Benjamin Smith Brunswick 

1798 Benjamin Smith Brunswick 

1799 Benjamin Smith Brunswick 

1800 Joseph Riddick Gates 

1801 Joseph Riddick Gates 

1802 Joseph Riddick Gates 

1803 Joseph Riddick Gates 

1804 Joseph Riddick Gates 

1805 Alexander Martin Guilford 

1806 Joseph Riddick Gates 

1807 Joseph Riddick Gates 

1808 Joseph Riddick Gates 

1809 Joseph Riddick Gates 

1810 Joseph Riddick Gates 

1811 Joseph Riddick Gates 

1812 George Outlaw Bertie 

1813 George Outlaw Bertie 

1814 George Outlaw Bertie 

1815 John Branch Halifax 

1816 John Branch Halifax 

1817 John Branch Halifax 

1817 Bartlett Yancey Caswell 

1818 Bartlett Yancey Caswell 

1819 Bartlett Yancey Caswell 

1820 Bartlet Yancey Caswell 

1821 Bartlett Yancey Caswell 

1822 Bartlett Yancey Caswell 

1823-24 Bartlett Yancey Caswell 

1824-25 Bartlett Yancey Caswell 

1825-26 Bartlett Yancey Caswell 

1826-27 Bartlett Yancey Caswell 

1827-28 Bartlett Yancey Caswell 

1828-29 Jesse Speight Greene 

1829-30 Bedford Brown Caswell 

1930 David F. Caldwell Rowan 

1830-31 David F. Caldwell Rowan 

1831-32 David F. Caldwell Rowan 

1832-33 William D. Mosely Lenoir 

1833-34 William D. Mosely Lenoir 

1834-35 William D. Mosely Lenoir 

1835 William D. Mosely Lenoir 

1836-37 HughWaddell Orange 

1838-39 Andrew Joyner Halifax 

1840-41 Andrew Joyner Halifax 

1842-43 Lewis D. Wilson Edgecombe 

1844-45 Burgess S. Gaither Burke 

1846-47 Andrew Joyner Halifax 

1848-49 Calvin Graves Caswell 

1850-51 Weldon N. Edwards Warren 



366 North Carolina Manual 

Assembly Senator County 

1852 Weldon N. Edwards Warren 

1854-55 Warren Winslow Cumberland 

1856-57 William W. Avery Burke 

1858-59 Henry T. Clark Edgecombe 

1860-61 Henry T. Clark Edgecombe 

1862-64 Giles Mebane Alamance 

1864-65 Giles Mebane Alamance 

1865-66 Thomas Settle Rockingham 

1866-67 Matthias E. Manly Craven 

1866-67 Joseph H. Wilson Mecklenburg 

Presidents Pro Tempore of the Senate* 

Assembly Senator County 

1870-72 Edward J. Warren Beaufort 

1872-74 James T. Morehead Guilford 

1874-75 

1876-77 James L. Robinson Macon 

1879-80 William A. Graham Lincoln 

1881 William T. Dorch Buncombe 

1883 

1885 E. T. Boykin Sampson 

1887 

1889 [Edwin W. Kerr] Sampson 

1891 William D. Turner Iredell 

1893 John L.King Guilford 

1895 E. L. Franck, Jr Onslow 

1897 

1899-1900 R. L. Smith Stanly 

F. A. Whitaker Wake 

1901 Henry A. London Chatham 

1903 Henry A. London Chatham 

1905 Charles A. Webb Buncombe 

1907-1908 Charles A. Webb Buncombe 

1909 Whitehead Klutz Rowan 

1911 Henry N. Pharr Mecklenburg 

1913 Henry N. Pharr Mecklenburg 

1915 Oliver Max Gardner Cleveland 

1917 Fordyce C. Harding Pitt 

1919-20 Lindsey C. Warren Washington 

1921 William L. Long Halifax 

*With the adoption of a new constitution in 1868, the office of "speaker 
of the senate" ceased to exist. A provision in the constitution created 
the office of "lieutenant governor" whose duties and functions were 
similar to those previously carried out by the speaker. The lieutenant 
governor presides over the senate and is called "the president of the 
senate" when serving in this capacity. The senators also elected one of 
their own to serve as "president pro tempore" during periods when the 
lieutenant can not preside. 






The North Carolina Legislative Branch 367 

Assembly Senator County 

1923-24 William L. Long Halifax 

1925 William S. H. Burgwyn Northampton 

1927 William L. Long Halifax 

1929 Thomas L. Johnson Robeson 

1931 Rivers D. Johnson Duplin 

1933 William G. Clark Edgecombe 

1935 Paul D. Grady Johnston 

1937-38 Andrew H. Johnston Buncombe 

James A. Bell Mecklenburg 

1939 Whitman E. Smith Stanly 

1941 John D. Larkins, Jr Jones 

1943 JohnH. Price Rockingham 

1945 Archie C. Gay Northampton 

1947 Joseph L. Blythe Mecklenburg 

1949 James C. Pittman Lee 

1951 Rufus G. Rankin Gaston 

1953 Edwin Pate Scotland 

1955-56 Paul E. Jones Pitt 

1957 Claude Currie Durham 

1959 Robert F. Morgan Cleveland 

1961 William L. Crew Halifax 

1963 Ralph H. Scott Alamance 

1965-66 Robert B. Morgan Harnett 

1967 Herman A. Moore Mecklenburg 

1969 Neill H. McGeachy Cumberland 

1971 Frank N. Patterson, Jr Stanly 

Gordon P. Allen Person 

1973-74 Gordon P. Allen Person 

1975-76 John T. Henley Cumberland 

1977-78 John T. Henley Cumberland 

1979-80 W. Craig Lawing Mecklenburg 

1981-82 W. Craig Lawing Mecklenburg 

1983-84 W. Craig Lawing Mecklenburg 

1985-86 J. J. Harrington Bertie 

1987-88 J. J. Harrington Bertie 

1989-90 Henson P. Barnes Wayne 

1990-91 Henson P. Barnes Wayne 

1992-Present Marc Basnight Dare 



368 



North Carolina Manual 




* 




The North Carolina Legislative Branch 369 

Marc Basnight 

President Pro Tempore 

(Democrat - Dare County) 

First Senatorial District - Beaufort, Camden, Chowan, 

Currituck, Dare, Hyde, Pasquotank, Perquimans, Tyrrell, and 

portions of Beaufort, Bertie, and Washington Counties. 

Early Years 

Born in Manteo, Dare County, May 13, 1947, to St. Clair and Cora Mae (Daniels) 
Basnight. 

Educational Background 

Manteo High School, 1966. 

Professional Background 

One-third owner and President of Basnight Construction Company, Manteo. 

Organizations 

Manteo Lions Club; Paul Harris Fellow; North Banks Rotary Club; 32-Degree Mason; 
Member of the York Rite; Scottish Rite and Sudan Temple; Dare County Tourist 
Bureau; First Flight Society. 

Boards and Commissions 

North Carolina Board of Transportation, representing Camden, Chowan, Currituck, 
Dare, Pasquotank and Perquimans Counties, 1977-83. 

Political Activities 

Member, N.C. Senate, 1985-86, 1987-88, 1989-90, 1991-92, 1993-present. 

Honors and A wards 

Dare County Jaycees Citizen of the Year, 1980; Outer Banks Chamber of Commerce's 
Citizen of the Year, 1983; Dare Day Citizenship Award, 1974 and 1987; Nature 
Conservancy's President's Public Service Award, 1989; 1991 Recipient of National 
Hurricane Conference's Legislative Achievement Award; Senate Leadership Award; 
N.C. Council of Community Mental Health Developmental Disabilities and Substance 
Abuse Program, 1992. 

Personal Information 

Married, Sandy Tillett, March 23, 1968. Children: Vicki and Caroline Basnight. 
Member, Methodist Church. 

COMMITTEE ASSIGNMENTS 

Ex-Officio: All Standing Committees. 




North Carolina Manual 

R obert Charles Soles, I n 

Deputy President Pro Tempore 

(Democrat - Columbus County) 

Eighteenth Senatorial District - 

Brunswick, Columbus and portions of 

Bladen and New Hanover Counties. 

Early Years 

Born in Tabor City, December 17, 1934, to 
Robert C. and Myrtle (Norris) Soles. 

Educational Background 

Tabor City High School; Wake Forest 
University, 1956, B.S.; UNC-Chapel Hill, 
School of Law, 1959, J.D. 

Professional Background 

Attorney at Law. 

Organizations 

American and N.C. Bar Associations; American Trial Lawyers Association; N.C. 
Association of County Attorneys; Phi Alpha Delta; Rotary Club (former President). 

Boards and Commissions 

President, Southeastern Community College Foundation; Southern Growth Policies 
Board; Trustee, UNC-Wilmington; Former Trustee of the consolidated University of 
N.C. Medical Malpractice Study Commission; Former Member, Governor's Crime 
Commission. 

Political Activities 

Member, N.C. Senate, 1977-Present (nine terms); N.C. House of Representatives, 
1969, 1971, 1973-74, 1975-76. 

Military Service 
Served, U.S. Army Reserve, 1957-67 (Captain). 

Personal Information 

Member, Tabor City Baptist Church. 

COMMITTEE ASSIGNMENTS 

Vice Chair: Judiciary II. 

Member: Agriculture, Marine Resources & Wildlife; Banks and Thrift Institutions; 
Economic Development; Finance; Insurance; Pensions and Retirement; Public 
Utilities, Rules and Operation of the Senate; Ways & Means; GPAC Select. 



The North Carolina Legislative Branch 



371 




f airies Richard Conde r 

Majority Leader 

(Democrat - Richmond County) 

Seventeenth Senatorial District - Anson, 

Montgomery, Richmond, Scotland, Union 

and portions of Hoke and Stanly Counties. 

Early Years 

Born in Hamlet, Richmond County, July 20, 
1930, to Parks Holms and Ona Lee (Crow) 
Conder. 

Educational Background 

Hamlet High School, 1949; ECU, 1958, B.S. 
(Business); LSU, Graduate School of 
Banking, 1968; UNC-Chapel Hill, N.C. 
Bankers Association School. 

Professional Background 

Vice President, First Union National Bank. 

Organizations 

Hamlet Rotary Club (President, 1963); Rockingham Rotary Club (President, 1970). 

Boards and Commissions 

Former chair, Richmond County Industrial Development Commission, 1970-82. 

Political Activities 

Member, N.C. Senate, 1985-, Commissioner, Richmond County, 1962-84 (Chair, 1964- 
1984); President, National Association of Counties, 1981-82; President, N.C. 
Association of County Commissioners, 1972-1973. 

Military Service 
Served, U.S. Air Force, 1951-55; Reserves, 1955-59. 

Honors and A wards 

Outstanding Alumnus, ECU, 1982; "Tar Heel of the Week," The News and Observer, 
1982; N.C. Distinguished Citizens Award, 1982; President Reagan's Private Sector 
Initiative, 1981-82. 

Personal Information 

Married, Barbara Ann Speight, June 16, 1956. Children: Rebecca Anne, Mary 
Elizabeth and James Richard, Jr. Member, First Presbyterian Church, Rockingham; 
Elder, 1965-1974, 1983-. 

COMMITTEE ASSIGNMENTS 

Vice Chair: Finance; Rules and Operation of the Senate. 

Member: Appropriations Subcommittee on General Government; Education/Higher 

Education; Pensions and Retirement; Transportation; Ways & Means; GPAC 

Select. 



372 




North Carolina Manual 

Robert G. Shaw 



Minority Leader 

(Republican - Guilford County) 

Nineteenth Senatorial District - Portions 

of Davidson, Guilford and Randolph 

Counties. 

Early Years 

Born in Erwin, Harnett County, November 
22, 1924, to R.G.B. and Annie (Byrd) Shaw. 

Educational Background 

Campbell College; UNC-Chapel Hill. 

Professional Background 

Restaurateur. 

Boards and Commissions 

Chair, N.C. Council on Community and Economic Development, 1975-77; Member, 
Natural and Economic Resources Board, 1975-77; Member, N.C. Advisory Budget 
Committee; Member, Joint Legislative Committee on Governmental Operations. 

Political Activities 

Member, N.C. Senate, 1985-86, 1987-88, 1989-90, 1991-92, 1993-; N.C. Republican 
Party Chair, 1975-77; Republican National Committee, 1975-77; County 
Commissioner, Guilford County, 1968-76, (former Chair). 

Military Service 

Served, U.S. Army Air Corps, 1943-46. 

Personal Information 

Married, Linda Owens of High Point, 1981. Children: Ann (Shaw) Hewett and 
Barbara (Shaw) Twining. Grandsons: Robert C. Hewett; John Christopher Hewett, 
James V. Twining, Jr., John Robert Twining, Michael Twining, Steven S. Twining. 
Member, Presbyterian Church, Greensboro. 



COMMITTEE ASSIGNMENTS 

Member: Agriculture, Marine Resources & Wildlife; Capital Expenditures; Finance; 
Local Government and Regional Affairs; Ways & Means; GPAC Select. 



The North Carolina Legislative Branch 



373 




Betsy Lane Cochrane 

Minority Whip 

(Republican - Davie County) 

Thirty-eighth Senatorial District -Davie, 

and portions of Davidson, Rowan and 

Forsyth Counties. 

Early Years 

Born in Asheboro, Randolph County, to 
William Jennings and Brodus Inez 
(Campbell) Lane. 

Educational Background 

Asheboro Grammar Schools and High 
School; Meredith College, B.A. cum laude 
(Elementary Education); Legislative 
Leaders, Advanced Management Program, 
Boston University. 

Professional Background 

North Carolina State Senator, former educator and housewife. 

Organizations 

Kappa Nu Sigma; Vice President, Mocksville Women's Club; Director, Neighborhood 
Property Owner's Association; N.C. Symphony; N.C. Museum of History Associates; 
N.C. Museum of Art; ALEC; NCSL; Federation of Republican Women; Meredith 
College Alumnae Association. 

Boards and Commissions 

N.C. Advisory Council on Teacher Education; Piedmont Health Systems Agency; 
Republican Education Commission for the 80's; Retail Merchants Advisory Board; 
Public School Forum of N.C; N.C. Parks and Recreation Commission; Governor's 
Programs of Excellence in Education; Commission on the Future of the South; 
Yadkin-Pee Dee River Basin Committee, 1981-present; Davie County Hospital 
Trustee; Southern Regional Education Board; Legislative Services Commission; 
Economic Futures Commission; United Way of N.C; Governor's Task Force on Aging, 
1988; Co-Chair, Commission on Aging, 1989-93; Commission on Workforce 
Preparedness; Advisory Budget Commission. 

Political Activities 

Member, N.C. Senate 1989-; Senate Minority Whip, 1993-94; House of 
Representatives, 1981-82, 1983-84, 1985-86, 1987-88; House Minority Leader, 1985- 
89; Vice-Chair, Davie County Republican Party; Executive Committee, N.C. 
Republican Party; N.C. Delegate, GOP National Convention, 1976, 1988, 1992; GOP 
National Platform Committee, 1988; N.C. Republican Credentials Committee, 1979; 
N.C. Republican Rules and Resolutions, 1981. 

Honors and A wards 

N.C. Jaycee Women's "Outstanding Woman in Government", 1985; Outstanding 
Freshman Representative (GOP), 1981; "Who's Who for American Women"; "Who's 
Who in American Colleges and Universities"; Yearbook editor, college and high 



374 North Carolina Manual 

school; one of Ten Outstanding Legislators in the Nation, 1987; Distinguished Women 
in North Carolina Nominee, 1987, 1989; Meredith College Founder's Day Speaker, 
1987; North Carolina Association for Home Care Legislator of the Year Award, 1992; 
N. C. Public Library Directors' Association Distinguished Service Award, 1991; N.C. 
Health Care Facilities Better Life Award, 1993; Commencement Speaker, Davidson 
County Community College, 1993. 

Personal Information 

Married, Joe Kenneth Cochrane. Children: Lisa and Craig. Member, Knollwood 
Baptist Church; President, Women's WMU; Nominating Committee; Sunday School 
Teacher, 1966-77. 

COMMITTEE ASSIGNMENTS 

Ranking Minority Member and Vice Chair: Appropriations Subcommittee on Natural 

& Economic Resources. 
Ranking Minority Member: Education/Higher Education; Public Utilities. 
Vice Chair: Environment and Natural Resources. 
Member: Children and Human Resources; Subcommittee on Veteran and Military 

Affairs, and Senior Citizens; State Personnel and State Government; GPAC 

Select. 



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375 




Charles W, Albertson 

(Democrat - Duplin County) 

Fifth Senatorial District - Duplin, and 

portions of Jones, Onslow, Pender and 

Sampson Counties. 

Early Years 

Born in Beulaville, Duplin County, January 
4, 1932, to James Edward and Mary 
Elizabeth (Norris) Albertson. 

Educational Background 

Beulaville Elementary and High School, 
1938-50; attended James Sprunt 
Community College. 

Professional Background 

Farmer; Retired PPQ Officer of USDA; Professional Musician; Songwriter and 
Publisher; Recording Artist. 

Organizations 

Beulaville Investors Club; North Carolina Farm Bureau; Co-coordinator Yokefellow 
Prison Ministry, 1978-80; Chair, Duplin County Red Cross Fund Drive, 1980; Duplin 
Rural Development Panel (Food and Agriculture Council), 1980-87; Duplin County 
Fair Committee, 1982. 

Boards and Commissions 

James Sprunt Community College, Board of Trustees, 1977-present, Chair of Board, 
1986-present; James Sprunt Community College Foundation Board of Directors, 
1980; Chair, James Sprunt Community College Foundation, 1983-86; Duplin County 
Agriculture-Business Council, 1980-present, President 1981; Duplin County Arts 
Council Board of Directors, 1977-79. 

Political Activities 

Member, N.C. Senate, 1993-present; Member, North Carolina House of 
Representatives, 1989-92. 



Military Service 



Served, U.S. Air Force, 1951-52. 



Hon or s and A wa rds 

Two Certificates of Esteem from U.S. Defense Department for entertaining troops in 
26 counties; Duplin County Board of Commissioners proclaimed Charlie Albertson 
Day, May 25, 1975; Long Leaf Pine Award; Award for writing song for USDA APHIS; 
Has performed on the Grand Ole Opry. 

Personal Information 

Married, Grace Sholar, February 15, 1953. Children: Randy Lee Albertson and 
Pamela Albertson Darnell. Three Grandchildren. Member, Beulaville Presbyterian 
Church; Deacon, 1972-77; Elder, 1978-83, 1984-86, 1988-present; Sunday School Teacher; 



376 North Carolina Manual 

Choir Member; Former President, Wilmington Presbyterian Men's Council; Former 
Vice President, N.C. Synod Men's Council. 

COMMITTEE ASSIGNMENTS 

Chair: Agriculture, Marine Resources & Wildlife. 
Vice Chair: Children and Human Resources. 

Member: Appropriations Subcommittee on Department of Transportation; Local 
Government and Regional Affairs; Manufacturing and Labor. 



The North Carolina Legislative Branch 



377 




Austin Murphy Allran 

(Republican - Catawba County) 

Twenty-sixth Senatorial District - 

Catawba and portions of Lincoln 

Counties. 

Early Years 

Born in Hickory, Catawba County, 
December 13, 1951, to Albert M. and Mary 
Ethel (Houser) Allran. 

Educational Background 

Hickory High School, 1970; Duke University, 
1974, B.A.; Southern Methodist University, 
School of Law, 1978, J.D. 

Professional Background 

Attorney at Law. 

Orga n iza tions 

N.C. State Bar; Catawba County Bar Association; Catawba County Chamber of 
Commerce; Hickory Museum of Art; Catawba County Historical Association; Duke 
University Alumni Association; Hickory Landmarks Society; Friends of the Chapel, 
Duke University; Special Friend of Hickory Choral Society; Chief Trustee of the A.M. 
Allran Charitable Trust. 

Political Activities 

Member, N.C. Senate 1987-88, 1989-90, 1991-92, 1993-present; Member, N.C. House, 
1981-82, 1983-84, 1985-86; Legislative Assistant, Governor James Holshouser, 1974; 
Congressional Intern on the Washington staff of Congressman James T. Broyhill, 
1973; Member, Catawba County Young Republican Club; Catawba County 
Republican Men's Forum. 

Personal Information 

Married, Judy Mosbach, September 27, 1980. Children: Elizabeth Austin Allran and 
Catherine Houser Allran. Great-grandson of John Edney Hoover of Lincoln County, 
Member of N.C. House, Session of 1915; Great-great-grandson of Coatsworth Wilson 
of Lincoln County, Member of N.C. House, 1891. Life-long member, Corinth 
Reformed United Church of Christ, Hickory, where activities include: Usher, Greeter, 
Communion Server; Past Chair of Archives and History Committee; Past Member, 
Consistory (two terms); Member, Viewpoints Sunday School Class; Former Chair of 
Spiritual Council; Former Member, Board of Business Management; Former Member, 
Board of Christian Education. 



COMMITTEE ASSIGNMENTS 
Ranking Minority Member: Finance; Judiciary II; Ways & Means. 
Vice Chair: Manufacturing and Labor. 

Member: Children and Human Resources; Constitution and Election Laws; Economic 
Development; State Personnel and State Government; Transportation. 



378 




North Carolina Manual 
If 



Frank W, Ballance, Jn 

(Democrat - Warren County) 

Second Senatorial District - Gates, 

Hertford, Northampton, Warren, and 

portions of Bertie, Halifax, and Vance 

Counties. 



Early Years 

Born in Windsor, Bertie County, February 15, 
1942, to Frank Winston and Alice (Eason) 
Ballance. 

Educational Background 

W.S. Etheridge High School, 1959; North 
Carolina Central University, 1963; North 
Carolina Central Law School, 1965. 

Professional Background 

Attorney Frank W. Ballance, Jr. & Associates PA 1990-; (Ballance and Reaves, 1985- 
89; Frank W. Ballance, Jr., 1979-1984; Clayton and Ballance, 1966-1979); Librarian 
and Professor, South Carolina State College School of Law, 1965-66. 

Organ iza tions 

Chair, Warren County Chapter NAACP 1988; N.C. State Bar, 1965-; N.C. Association 
of Trial Lawyers; N.C. Association of Black Lawyers. 

Boards and Commissions 

Board of Trustees, Elizabeth City State University; Board of Trustees, North 
Carolina Central University. 

Political Activities 

Member, N.C. Senate, 1989-; Member, N.C. House of Representatives 1983-84, 1985- 
86; Vice-Chair, Warren County Political Action Council; Chair, 2nd Congressional 
District Black Caucus. 

Military Service 

North Carolina National Guard, 1968; Reserves, 1968-71. 

Personal Information 

Married, Bernadine Smallwood, 1969. Children: Garey Malcolm, Angela Denise, and 
Valerie Michelle. Member, Greenwood Baptist Church, Warrenton; Chair, Board of i 
Deacons. 

COMMITTEE ASSIGNMENTS 
Chair: Judiciary I. 
Vice-Chair: Appropriations Subcommittee on Justice & Public Safety; Economic 

Development. 
Member: Banks and Thrift Institutions; Constitution and Election Laws; Insurance; 

Local Government and Regional Affairs; Manufacturing and Labor; Rules and 

Operation of the Senate. 






The North Carolina Legislative Branch 



379 




f ofan Gerald Blackma il 

(Republican - Mecklenburg 
County) 

Thirty-fifth Senatorial District - Portions 
of Mecklenburg County. 

Early Years 

Born in Asheville, Buncombe County, 
December 23, 1928, to William George and 
Mabel Petty Blackmon. 

Educational Background 

York High School, 1946; University of South 
Carolina, B.S., Mechanical Engineering, 
1954. 

Professional Background 

Management, J. G. Blackmon and Associates; President, Blackmon Service, 
Authorized Parts, Carolina Products, Inc. 

Organizations 

American Society of Heating, Air Conditioning, and Refrigeration Engineers; 
Director, Boy Scouts (Handicapped), Executive Board, Regional Transportation 
Metrolina Region; Chair, Regional Transportation Authority; UNC-C Board of 
Visitors; Board of Directors, WTVL 

Boards and Commissions 

United Carolina Bank Board; Principal Advisory Board, Liebert Corporation. 

Political Activities 

Member, N.C. Senate, 1991-present; Mecklenburg County Board of Commissioners; 
Mecklenburg County Board of Health. 

Military Service 

U.S. Navy, U.S. Air Force, 1st Lieutenant, 1946-49; Reserves, 1952-56. 

Personal Information 

Married, Irene Herty of New York, June 9, 1952. Children: John G. Jr., Richard H., 
Ann Bass and William S. Member, St. John's Episcopal Church; Vestry Men's Club; 
Sunday School Teacher; Chair, Every Member Canvass; Board of Directors, Kanuga 
Episcopal Conference Center. 

COMMITTEE ASSIGNMENTS 

Ranking Minority Member: Appropriations Subcommittee on Justice & Public Safety; 

Environment and Natural Resources; GPAC Select. 
Member: Constitution and Election Laws; Economic Development; Judiciary I; Local 

Government and Regional Affairs; Rules and Operation of the Senate; 

Transportation. 



380 



North Carolina Manual 




Robert C. Carpenter 

(Republican - Macon County) 

Forty-second Senatorial District - Cherokee, 
Clay, Graham, Polk and portions of 

Buncombe, Haywood, Henderson, Jackson, 
Macon and Transylvania Counties. 

Early Years 

Born in Franklin, Macon County, June 18, 
1924, to Edgar J. and Eula D. Carpenter. 

Ed ucational Ba ckgro und 

Franklin High School, 1942; Western Carolina 
University; UNC-Chapel Hill Pre-flight 
School; Purdue University, LUTC; University 
J]| of Virginia School of Consumer Banking. 

Professional Background 

Retired, Vice President and City Executive, First Union National Bank, Franklin. 

Political Activities 

Member, N.C. Senate, 1989-90, 1991-92, 1993-present. 

Organizations 

Director, Franklin Rotary Club (President, 1959); American Legion Post 108; 
Franklin AARP; Franklin Investment Club; St. Michaels Council of Knights of 
Columbus; Former member: Asheville Optimist Club, (1962-71; President, 1965); 
Optimist International (Zone Governor, 1966; President); Rotary District 767, 
(District Secretary/Treasurer, 1975); Franklin Jaycees (President, 1960-61); Angel 
Community Hospital (Vice Chair); Operation Heartbeat, (Chair); Group 10, N.C. 
Bankers Association (Chair, 1965); Group 6, N.C. Bankers Association, (Chair, 1974); 
NABAC, (President, 1967). 

Boards and Commissions 

Member: Macon County Economic Development Commission; Board of Trustees, 
Southwestern Community College; Chair, Franklin First Union Board of Directors. 
Former member: Macon County Board of County Commissioners, (1978-82); N.C. 
Association of Community College Trustees (Past President); Developmental 
Disabilities Board; Governor Martin s Literacy Commission, (1987-88). 

Military Activities 

Served, U.S. Navy, Aviation Cadet, 1943-45. 

Personal Information 

Married, T. Helen Edwards Bryant, January 18, 1986. Children: Elizabeth, Jane, 
Christine, Robert D. Dale, Thomas, and Edgar. Member, Saint Francis Catholic 
Church, Franklin; Eucharist Minister; Parish Council, 1982-86. 



COMMITTEE ASSIGNMENTS 

Ranking Minority Member: Appropriations Subcommittee on Department of 
Transportation; Economic Development; Pensions and Retirement. 

Member: Banks and Thrift Institutions; Judiciary II; Public Utilities; Rules and 
Operation of the Senate; Transportation. 






The North Carolina Legislative Branch 



381 



fo hn Bonnell Codingto n* 

(Republican - New Hanover 
County) 

Fourth Senatorial District - Portions of 

Carteret, New Hanover, Onslow and 

Pender Counties. 

Early Years 

Born in Wilmington, New Hanover County, 
October 27, 1925, to Herbert A. and Jessie 
(Peck) Codington. 

Educational Background 

New Hanover High School, 1939-43; 
Davidson College, 1949, B.S. (Biology); 
University of Maryland, School of Medicine, 
1953, M.D. 




Professional Background 



Surgeon. 



Orga n iza tions 

American College of Surgeons; New Hanover Medical Society, President, 1970; 
Champion MacDowell Davis Foundation; Foundation for Geriatric Independence, 
President, 1990-92. 

Boards and Commissions 

New Hanover Board of Educational Background, 1966-1978 (Chair, 1970-78); UNC- 
Wilmington Board of Trustees; N.C. Board of Science and Technology; Cape Fear 
Community Foundation. 



Political Activities 



Member, N.C. Senate, 1993. 



Military Service 

Served, U.S. Army, Unit 658 Engineers, Corporal, 1943-46. 

Honors and A wards 

Civil Rights Award, 1983; Professor of the Year, 1985. 

Personal Information 

Married, Elizabeth Carter, June 23, 1951. Children: Beth, John, Jr., and Anne. 
Member, First Presbyterian Church, Wilmington; Ruling Elder, 1961. 

COMMITTEE ASSIGNMENTS 

Ranking Minority Member: Appropriations Subcommittee on General Government. 
Member: Children and Human Resources; Insurance; Judiciary I; Ways and Means. 



* Deceased, March 1, 1994 




382 North Carolina Manual 

R oy Asberry Cooper, II I 

(Democrat - Nash County) 

Tenth Senatorial District - Nash and 

portions of Edgecombe, Halifax and 

Wilson Counties. 

Early Years 

Born in Nashville, Nash County, June 13, 
1957, to Roy A. and Beverly Cooper, Jr. 

Educational Background 

Northern Nash Sr. High School, 1973-75; 
UNC-Chapel Hill, 1979 (Bachelor of Arts); 
UNC-Chapel Hill, 1982 (Juris Doctor). 

Professional Background 

Attorney; N.C. Bar Association; N.C. 
Academy of Trial Lawyers. 

Organizations 

Rocky Mount Jaycees; Chamber of Commerce; Tar River Chorus and Orchestra 
Society, Board of Directors; United Way, Board of Directors; American Heart 
Association, Board of Directors; Red Cross; Board of Directors, Visions, Inc. 

Boards and Commissions 

Former, State Goals and Policy Board, 1979-84; State Interim Balanced Growth 
Board, 1979-84; Commission on the Future of N.C. (N.C. 2000), 1981-84; N.C. Courts 
Commission, 1988-90. 

Political Activities 

Member, N.C. Senate, 1991-present; Member, N.C. House of Representatives, 1987- 
91; N.C. College Democrats (President-UNC- Chapel Hill Club), 1978; N.C. Young 
Democrats (2nd District Chair), 1980; Democratic Party (Precinct Officer, Delegate to 
County, District and State Conventions). 

Honors and A wards 

Morehead Scholar; UNC Order of Golden Fleece, Grail, and Old Well; Order of the j 
Long Leaf Pine State Honor Society; Freedom Guard Award (N.C. Jaycees); 
Distinguished Service Award (Rocky Mount Jaycees). 

Personal Information 

Member, First Presbyterian Church; Deacon, 1983-86; Youth Group Advisor, Various 
Committees. 

COMMIE ASSWMMTS 

Chair: Judiciary II. 

Vice Chair: Manufacturing and Labor. 

Member: Children and Human Resources; Constitution and Election Laws; Economic 

Development; Educational Background/Higher Educational Background; ! 

Environment and Natural Resources; Finance; Rules and Operation of the 

Senate. 




The North Carolina Legislative Branch 383 

George Berkley Danie l 

(Democrat - Caswell County) 

Twenty-first Senatorial District - 

Alamance, Caswell, and portions of 

Person Counties. 

Early Years 

Born in Raleigh, Wake County, April 1, 
1951, to George C. and Florence Anne 
(Taylor) Daniel. 

Educational Background 

Bartlett Yancey High School, 1969; North 
Carolina State University, B.S., 1973; Wake 
Forest University, J.D., 1976. 

Professional Background 

Attorney at Law and Independent Farmer. 

Organizations 

American Bar Association; American Academy and N.C. Academy of Trial Lawyers; 
N.C. State Bar; N.C. Bar Association; N.C. Institute of Political Leadership, Fellow 
(1989); Caswell, Alamance and Person Chambers of Commerce. 

Boards and Commissions 

Board of Governors, N.C. Bar Association; N.C. Center for Public Policy Research, 
Inc.; Board of Overseers for the Duke Comprehensive Cancer Center; Alumni Board 
of the N.C. Institute of Political Leadership; Engineering Foundation Board of 
Directors, NCSU; Region 5 Screening Committee on the North Carolina Teaching 
Fellows Commission; Advisory Committee, N.C. Child Advocacy and Advisory Council 
for N.C. Center for Nursing. 

Political Activities 

Member of the North Carolina Senate, 1987-present; Member, Democratic Party of 
Caswell, Alamance and Person Counties; Patron Member, N.C. Democratic Party, 
1990-present; Chair, Piedmont Triad Caucus (representing 11 counties in the Triad). 

Honors and Awards 

Henry B. Toll Fellow, 1987; "Guardian of Small Business", 1990. 

Personal Information 

Married, Cynthia Gail Long, of Prospect Hill, June 27, 1981. Children: Jacob, Taylor 
and Leah. Member, New Hope Methodist Church; Member of the Board of Trustees. 

COMMITTEE ASSIGNMENTS 

Chair: Appropriations. 

Vice Chair: GPAC Select. 

Member: Capital Expenditures; Children and Human Resources; Children and 

Human Resources Subcommittee on Veteran and Military Affairs, and Senior 

Citizens; Constitution and Election Laws; Judiciary I; Pensions and Retirement; 

Rules and Operation of the Senate; State Personnel and State Government; Ways 

and Means. 



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North Carolina Manual 




f C hancy Rudolph Edwar ds 

(Democrat - Cumberland County) 

Forty-first Senatorial District - Portions 
of Cumberland County. 

Early Years 

Born in Nash County, February 28, 1925, to 
B. H. Edwards and Lucy Kearney Edwards. 

Educational Background 

Nash County Training School, 1941; Shaw 
University, Social Studies, A.B., 1946; Shaw 
University, Religion, M.Div., 1949. 

Professional Background 

Pastor, Emeritus, First Baptist Church, 
Fayetteville, N.C.; President, General 
Baptist State Convention of N.C.; State Board of Educational Background. 

Orga n iza tions 

President, General Baptist Convention; Member, Shaw Divinity School Board of 
Trustees; NAACP; United Way, OIC. 

Boards and Commissions 

Board of Trustees, Shaw University (Chair); State Commission on Aging; Fayetteville 
City Board of Educational Background, Precinct Chair. 

Political Activities 

Member N.C. House of Representatives, 1982-90; Member, N.C. Senate, 1993. 

Honors and A wards 

Honorary Doctor of Divinity Degree - Shaw University Distinguished Alumni Award; 
Award of Honor from the City of Fayetteville; Business & Professional League Award; 
Friend of Educational Background - NCAE. 

Personal Information 

Married, Luella Dickens Edwards, August 30, 1948. Children: Jewyl Anita. 
Member, First Baptist Church, Fayetteville, N.C; Pastor; Pastor Emeritus. 

COMMITTEE ASSIGNMENTS 

Chair: Economic Development. 

Vice Chair: Pensions and Retirement. 

Member: Appropriations Subcommittee on Educational Background; Banks and 

Thrift Institutions; Educational Background/Higher Educational Background; 

Local Government and Regional Affairs; Manufacturing and Labor. 



The North Carolina Legislative Branch 
Fred Folger, Jr. 



385 




(Democrat - New Hanover County) 

Twelfth Senatorial District - Alleghany, 

Ashe, Rockingham, Stokes, Surry, 

Watauga and portions of Guilford 

Counties. 

Early Years 

Born in Mount Airy, Surry County, June 14, 
1926, to Fred Folger and Mary Mills 
Fawcett. 

Educational Background 

Mount Airy High School; Duke University, 
AB, 1949; Duke University, LL.B., 1952. 

Professional Background 

Attorney, Folger and Folger, Partner. 

Orga n iza tion s 

N.C. Bar Association; Disciplinary Commission (DHC), 1988-93; Surry County Bar 
(Past President); Rotary Club (Past Member of Board of Directors). 

Boards and Commissions 

Surry County Attorney; Member, Local Board NationsBank, Mount Airy. 

Political Activities 

: Member, N.C. Senate, 1969-74, 1993-present. 

i Military Service 

i Served, U.S. Navy, ARM2C, 1944-46, Pacific. 

Personal Information 

i 

1 Married, Elizabeth C. Murray, March 24, 1951. Children: Mary Mills Folger Borden 
; and Barbara Elizabeth Folger. Central United Methodist; Board of Trustees, 
Administrative Board. 

COMMITTEE ASSIGNMENTS 

Chair: Local Government and Regional Affairs. 
Vice Chair: Constitution and Election Laws; Judiciary I. 

Member: Appropriations Subcommittee on Justice & Public Safety; State Personnel 
and State Government; Transportation. 



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North Carolina Manual 




J ames Summers Forreste r 

(Republican - Gaston County) 

Thirty-ninth Senatorial District - 

Portions of Gaston, Iredell, and Lincoln 

Counties. 

Early Years 

Born in Aberdeen, Scotland, January 8, 
1937, to James S. and Nancy McLennan 
Forrester. 

Educational Background 

New Hanover High, 1954; Wake Forest 
University, B.S. Science, 1958; Bowman 
Gray School of Medicine of WFU, MD, 1962; 
UNC-Chapel Hill, M. P.H., 1976. 

Professional Background 

Physician, Personal Information Practice; President, Gaston County Medical Society; 
Board of Trustees, Gaston Memorial Hospital; Past BOD, N.C. Heart Association, 
Board Certified in Personal Information Practice and Preventive Medicine; Medical 
Director of Brian Center and Greenfield Manor, Gastonia. 

Organizations 

Gaston County Medical Society; N.C. Medical Society; Aerospace Medical Association 
(A. Fellow); American College of Preventive Medicine (fellow); AMA Southern Medical 
Association; American Medical Directors Association; Lions Club; Team physician, 
East Gaston High School; Medical Consultant, Gaston County Health Department. 

Boards and Commissions 

Past Vice Chair, Gaston-Lincoln Mental Health; Past President, Gaston County 
Heart Association; BOD (past) Childrens Council, Gaston County; BOD, United Arts 
Council; BOD, Gaston County Museum of Art and History. 

Political Activities 

Member, N.C. Senate, 1991-present; County Commissioner, Gaston County, 1982-90; 
Chair, Board of Commissioners, 1989-90. 

Military Service 

N.C. Air National Guard, HQ NCANE, Brig General, Ret., (ASS.AG for Air); USAF I 
Command Flight Surgeon of the Year, 1976; Former Commander of 145 TAC clinic 
and state air Surgeon; Chief Surgeon, Participated in air evacuation in Vietnam; Air ; 
war college graduate. 

Honors and Awards 
Jefferson Award for Public Service, 1988. 

Other Activities 
Participated in Foreign Medical Missions in Belize and Haiti. 



The North Carolina Legislative Branch 387 

Personal Information 

Married, Mary Frances All of Wilmington, March 12, 1960. Children: Lorri Wynn 
Maxwell, Gloria Ann Lucioni, Mary Paige Forrester and James S. Forrester, Jr. 
Member, First Baptist Church, Stanley; Member, Christian Medical and Dental 
Society. 

COMMITTEE ASSIGNMENTS 
Ranking Minority Member: Appropriations Subcommittee on Human Resources; 

Children and Human Resources. 
Member: Educational Background/Higher Educational Background; Pensions and 

Retirement; Public Utilities; Ways & Means; GPAC Select. 



North Carolina Manual 

Wilbur Paul Gulley 

(Democrat - Durham County) 

Thirteenth Senatorial District - Durham, 

Granville, and portions of Person and 

Wake Counties. 

Early Years 

Born in Little Rock, Pulaski County, 
Arkansas, July 31, 1948, to Wilbur P. 
Gulley, Jr. and Jane Harrison Ashley. 

Educational Background 

Hall High School, 1966; Duke University, 
Bachelor of Arts in history, 1970; 
Northeastern University, School of Law, 
J.D., 1981. 

Professional Background 

Attorney at Law, Gulley and Calhoun. 

Political Activities 

Member, N.C. Senate, 1993-present; Mayor, City of Durham, 1985-89. 

Personal Information 




Married, Charlotte L. Nelson, May 5, 1985. 
Presbyterian Church, Durham, N.C. 



Children: Paul Nelson Gulley. First 



COMMITTEE ASSIGNMENTS 

Vice Chair: Local Government and Regional Affairs. 

Member: Appropriations Subcommittee on Human Resources; Educational 
Background/Higher Educational Background; Environment and Natural 
Resources; Judiciary II; Manufacturing and Labor; Public Utilities; 
Transportation. 






The North Carolina Legislative Branch 
Linda H. Gunter 




(Democrat - Wake County) 

Thirty-sixth Senatorial District - 
Portions of Wake County. 

Early Years 

Born in Binghamton, Broome County, New 
York, December 12, 1949, to Walter 
Norman Hinkleman and Helen Wolski 
Hinkleman. 

Educational Background 

Cary High School, 1967; Durham Technical 

College-Paralegal Studies, 1986; N.C. 

Justice Academy, Advance Juvenile Officer 

Training, 1984; Investigating Child Abuse 

and Neglect, 1985; Meredith College, 

Paralegal Studies, 1981-85; Wake Technical Institute, N.C. Real Estate Salesman's 

License, 1972-present; High Point University, AB, Social Studies, 1971. 

Professional Background 

Teacher, Cary High School; National Educational Background Association; N.C. 
Association of Educators; Wake County Association of Classroom Teachers; Delta 
Kappa Gamma, Honorary Teacher Society; N.C. Real Estate License; Taft Fellow. 

Organizations 

NOW Member; NARAL Member; Sierra Club; Leadership Cary, 1991; Voter 
: Registration Commissioner, 1989-91; Cary Clean Community Commission, 1987-90, 
• Educational Background Chair; Regional Judge, American Legion Oratorical Contest, 
! 1990; State Committee for CRADLE, Center for Research and Development in Law- 
, Related Educational Background, 1990; State Judge for Veterans of Foreign Wars 
1 (VFW), "Voice of Democracy" Contest, 1989; Wake County Bicentennial Committee, 
; Vice Chairperson, 1988; Cary Chamber of Commerce, Educational Task Force; N.C. 
i General Assembly, Public School Calendar Committee, 1985. 

Boards and Commissions 

Wake County Youth Services Advisory Board, 1984-85. 

Political Activities 

Member, N.C. Senate, 1993-present; State Democratic Executive Committee, seven 
terms; Democratic Elector, 4th Congressional District, three terms; Democratic 
Women; Democratic Men; Young Democrats; Cary Precinct 4, Committee member; 
N.C. Institute of Political Leadership, 1990 Fellow; League of Women Voters; 
Women's Political Caucus. 

Honors and A wards 

1987-1992 Professional Development Plan - Merit Plan Bonus; 1991, Cary Keep 
America Beautiful Volunteer of the Year; 1991 American Legion Award for 
Coordination of Adopt-A-G.I. Program; 1989, National Endowment for the 
Humanities Fellowship; 1988, John H. Stevens Teacher Excellence Award. 



390 North Carolina Manual 

Personal Information 

Children: Jamye Lynne and Donald Tracy; Member: 1st United Methodist Church, 
Cary; Administrative Board. 

COMMITTEE ASSIGNMENTS 

Vice Chair: Educational Background/Higher Educational Background. 

Member: Appropriations Subcommittee on General Government; Constitution and 

Election Laws; Environment and Natural Resources; Local Government and 

Regional Affairs; Transportation. 



The North Carolina Legislative Branch 



391 



. Ollie Harris 




(Democrat - Cleveland County) 

Thirty-seventh Senatorial District - 

Rutherford and portions of Cleveland 

Counties. 

Early Years 

Born in Anderson, South Carolina, September 2, 
1913, to J. Frank and Jessie (Hambright) Harris. 

Educational Background 

Shelby High School, 1931; Gupton-Jones College 
of Embalming, 1935. 

Professional Background 

Funeral Director and Embalmer (President 
and Treasurer, Harris Funeral Home, Inc.). 

Orga n iza tion s 

N.C. Funeral Directors Association (former President); National Funeral Directors 
, Association; National Selected Morticians; former President, N.C. Coroners 
Association; Mason; Shriner. 

Boards and Commissions 

N.C. Funeral Directors and Embalming Board, (former President); Legislative Service 
! Commission, 1985-86, 1987-88, 1989-90; Legislative Research Commission, 1985-86; 

former Trustee, Gardner-Webb College; N.C. Mental Health Study Commission, 
; 1977-90. 

Political Activities 

Member, N.C. Senate, 1971-72, 1975-76, 1977-78, 1979-80, 1981-82, 1983-84, 1985- 
|86, 1987-88, 1989-90, 1993-; Coroner, Cleveland County, 1946-70. 

Military Service 

i Served, U.S. Army, 1943-46, 65th Field Hospital; European Theatre; Bronze Star. 

Honors and A wards 

Award of Appreciation and Recognition, N.C. Psychological Association, 1985; Better 
Life Award, N.C. Health Care Facilities, 1979; Valand Award, N.C. Mental Health 
Association, 1979; Legislator of the Year, N.C. Health Department Association, 1979. 

Personal Information 

Married, Abbie Jane Wall, May 4, 1934. Children: John Jr. and Becky (Harris). 
Member, Baptist Church. 



COMMITTEE ASSIGNMENTS 
Chair: Children and Human Resources Subcommittee on Veteran and Military 

Affairs, and Senior Citizens; Pensions and Retirement. 
Vice Chair: Appropriations Subcommittee on Human Resources; Children and 

Human Resources. 
Member: Banks and Thrift Institutions; Insurance; Judiciary II; Public Utilities; 

Rules and Operation of the Senate; Ways & Means. 



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North Carolina Manual 




etcher Lee Hartsell, J n 

(Republican - Cabarrus County) 

Twenty-second Senatorial District - 

Cabarrus, and portions of Rowan, and 

Stanly Counties. 

Early Years 

Born in Concord, Cabarrus County, 
February 15, 1947, to Fletcher L. and Doris 
Wright Hartsell. 

Educational Background 

Concord High School, 1965; Davidson 
College, A.B., Political Science, 1969; UNC- 
Chapel Hill, J.D., 1972. 

Professional Background 

Attorney; Cabarrus County Schools 
Attorney, 1979-present; Cabarrus County Attorney, 1985-present. 

Organizations 

19-A Judicial District Bar Association, Cabarrus & Rowan Counties, Secretary- 
Treasurer, 1983-84, 1987-present, President, 1985-86; American & N.C. Bar 
Association; N.C. State Bar; N.C. Academy of Trial Lawyers; Cabarrus County Bar 
Association, President, 1986-87; N.C. Council of School Attorneys, Regional Director; 
National Association of Social Security Claimant's Representatives; President, Kan- 
La-Can Community Concert Association, 1980-85; Chair, Board of Trustees, Cabarrus 
Academy, 1986-87; Volunteer, Cabarrus Winter Night Shelter; Concord Rotary Club; 
Help Line of Cabarrus County Advisory Board. 

Political Activities 

Member, N.C. Senate, 1991-present. 

Military Service 

U.S. Army, Reserve Commission, 1st Lieutenant/Captain, 1972; Honor Graduate- 
Officer Basic Course, U.S. Army Infantry School (IOBC 5-72). 

Personal Information 

Married, Tana (Honeycutt) Hartsell of Kannapolis, May 21, 1972. Children: Fletcher 
Lee Hartsell, III, Whitney Paige Hartsell and Alice Tyson Hartsell. Member, McGill 
Avenue Baptist Church; Diaconate (Chair 1979-80, 1987-88); Sunday School Teacher; 
Church Training Director; Brotherhood Director. Cabarrus Baptist Association;' 
Baptist Men's Director and Parliamentarian Baptist State Convention of N.C; 
Regional Baptist Men's Director and Assistant Parliamentarian; Southern Baptist; 
Convention; Overseas Missions Volunteer (Guatemala 1985 & 1986, Bermuda, 1987); 
Secretary National Fellowship of Baptist Lawyers, 1989. 

COMMITTEE ASSIGNMENTS _ ! 

Ranking Minority Member: Judiciary I; Local Government and Regional Affairs; 

Rules and Operation of the Senate. 
Member: Banks and Thrift Institutions; Constitution and Election Laws; Educational] 

Background/Higher Educational Background; Finance; Manufacturing and 
Labor. 






The North Carolina Legislative Branch 



393 




David William Hoyle 

(Democrat - Gaston County) 

Twenty-fifth Senatorial District - 

Portions of Cleveland, Gaston and 

Lincoln Counties. 

Early Years 

Born in Gastonia, Gaston County, on 
February 4, 1939, to William Atkin Hoyle 
and Ethel (Brown) Hoyle. 

Educational Background 

Dallas High School, 1957; Lenoir-Rhyne 
College, 1960, B.A. Business 
Administration; Lenoir-Rhyne College, 
1983, Honorary Doctor of Laws. 



Professional Background 

CEO/President, Summey Building Systems, Inc.; Founder/President, Summey 
Building Systems, Inc., 1960-1985; Founder-SBS, Inc., Manufactured Housing, 
Construction, and Real Estate Development. 

Organizations 

Founder/Board Member, Home Builders Association of Gaston Co.; Vice Chair, Board 

of Directors of Gaston Federal Savings & Loan Association; Board of Advisors, 

Branch Banking & Trust; Board of Directors, TI-CARO, Inc.; Director, Gaston County 

Chamber of Commerce; Chair, 1987 Arts Fund Drive; Board of Directors, Schiele 

Museum of Natural History, Inc.; Board of Directors, United Way of Gaston Co, Inc.; 

; Director Gaston County Heart Association; Board of Directors, Gaston County Area 

'Mental Health; President, Dallas Jaycees; President, Lenoir-Rhyne College Alumni 

i Association; Gaston County PTA Council; Board of Directors, Garrison Community 

Foundation of Gaston County, Inc. 

Boards and Commissions 

iN.C. Department of Transportation, 1977-1984; President, Piedmont Educational 
'Foundation; Board of Trustees, Lenoir-Rhyne College; Chair-Board of Trustees, 
Gaston Memorial Hospital. 

Political Activities 

Member, N.C. Senate, 1993; Mayor, Town of Dallas, 1967-71; Chair, Gaston County 
Democratic Party. 

Personal Information 

Married, Linda (Summey) Hoyle, January 28, 1959. Children: Lonnia Hoyle Beam 
and David William Hoyle, Jr. Member, Holy Communion Lutheran Church, Dallas 
N.C; Member/Chair, Church Council; Chair, Stewardship Committee; Church School 
Teacher. 

COMMITTEE ASSIGNMENTS 

Vice Chair: Transportation. 

Member: Appropriations Subcommittee on Natural & Economic Resources; Banks and 
Thrift Institutions; Economic Development; Educational Background/Higher 
Educational Background; Manufacturing and Labor; Public Utilities; GPAC Select. 



394 



North Carolina Manual 




Herbert L. Hyde 

(Democrat - Buncombe County) 

Twenty-eighth Senatorial District 
McDowell, Madison, Yancey, and por- 
tions of Buncombe and Burke Counties. 

Early Years 

Born in Swain County, December 12, 1925, 
to Ervin M. and Alice M. Hyde. 

Educational Background 

Public Schools of Swain County; Western 
Carolina University, B.A., 1951; New York 
University School of Law, J.D., 1954; Root- 
Tilden Scholar. 

Professional Background 

Attorney at Law. 

Organizations 

Member, Buncombe County, North Carolina and American Bar Associations; 
Member, American Judicature Society; Member, Bar of the Supreme Court of the 
United States. 

Boards and Commissions 

Former Secretary, Buncombe County Democratic Executive Committee; Former 
Treasurer, N.C. Democratic Executive Committee; Former Chair, N.C. Task Force on 
Telecommunications; Former Member and Chair, N.C. Commission for the Blind; 
Former Member, Executive Committee, Citizens Committee for Better Schools; 
Former Chair, Opportunity Corporation of Buncombe-Madison Counties, past 
President, Candler Lions Club; Past President, Alumni Association, Western Carolina 
University; Former Member, N.C. Courts Commission; Former Member, Board of 
Trustees, Asheville-Buncombe Technical Institute; Member, N.C. Senate 1964-66; 
Member, N.C. House of Representatives, 1972-76; Former Secretary, N.C. 
Department of Crime Control and Public Safety; Former Chair, N.C. Center for 
Public Television; Former Chair, Buncombe County Democratic Executive! 
Committee; Former Chair, 11th District Democratic Executive Committee; Present 
Member, N.C. Senate, Former Chair, Democratic Party of North Carolina. 

Political Activities 

Member, N.C. Senate, 1991-present. 

Military Service 

Petty officer, U.S. Navy, World War II, South Pacific. 



COMMITTEE ASSIGNMENTS 

Chair: Constitution and Election Laws 

Vice Chair: Insurance. 

Member: Appropriations Subcommittee on Human Resources; Economic, 

Development; Educational Background/Higher Educational Background; 

Judiciary II; Manufacturing and Labor. 



The North Carolina Legislative Branch 



395 




l oseph Edward Johnso n 

(Democrat - Wake County) 

Fourteenth Senatorial District - Portions 
of Johnston and Wake Counties. 

Early Years 

Born in Raleigh, Wake County, October 17, 
1941, to Ira Edward and Grace (Ivey) 
Johnson. 

Educational Background 

Raleigh Public Schools, 1946-59; NCSU, 
1959-61; Wake Forest University, 1964, 
B.A.; Wake Forest University, School of 
Law, 1966, J. D. 

Professional Background 

Attorney at Law, LeBoeuf, Lamb, Leiby & MacRae. 

Organizations 

Wake County, N.C. and American Bar Associations; Alpha Kappa Psi; Phi Delta Phi. 

Political Activities 

Member, N.C. Senate, 1981-82, 1983-84, 1985-86, 1987-88, 1989-90, 1991-92, 1993-; 
N.C. House of Representatives, 1975-76, 1977-78, 1979-80; Co-Chair, Joint 
Legislative Utility Review Committee; Co-Chair, Joint Select Committee on Low- 
', Level Radioactive Waste. 

Military Service 

Served, U.S. Army, 1967-69 (1st Lt.); Military Police Corps; Army Commendation 
I Medal. 

Personal Information 

| Married, Jane Francum, January 31, 1964. Children: Jane Elizabeth, Kathryn Ivey 
and Susan Briles. Member, Edenton Street United Methodist Church, Raleigh. 

COMMITTEE ASSIGNMENTS 

Chair: State Personnel and State Government. 
Vice Chair: Insurance. 

Member: Banks and Thrift Institutions; Finance; Judiciary II; Pensions and 
Retirement; Public Utilities. 



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North Carolina Manual 




Luther FL Jordan, Jr. 

(Democrat - New Hanover County) 

Seventh Senatorial District - Portions of 

Jones, Lenoir, New Hanover, Onslow 

and Pender Counties. 



Early Years 

Born on June 1, 1950, in New York, New I 
York. 

Educational Background 

New Hanover High School, 1969; Gupton 
Jones College, Graduate of Mortuary 
Science, 1972. 

Professional Background 

President, Jordan's Funeral Home, Inc.; 
International Longshoreman's Association, Local 1426; Past Vice President, Cape 
Fear Mobile Phone Limited; Past Vice President, Cape Fear District Funeral ! 
Directors Association; Past Appointee to N.C. Legislative Committee for Funeral; 
Directors Association; Past Appointed liaison between Unions and State Elected 
Representatives and Senators; Past Vice President of Spica Development Group, Inc.; 
Past President, Jordan Corporation Land Developers; Former Mayor Pro-Tempore for 
City of Wilmington. 

Organizations 

NAACP, Life Member; Member, Gupton Jones College Alumni Association; Member, 
Wilmington Sportsman Club; Member, Shriners-Habib Temple No. 159; Member, 
1985 Wilmington/New Hanover Visitors & Meetings Council; Past Member, Cape 
Fear Council Boys Scouts of America Executive Board; City Representative to Zurich, 
Switzerland on Export-Import Growth, 1981; Past Member, Board of Directors of 
Sickle Cell Anemia Association; Member, New Hanover County PAC; Member, N.C. 
Black Municipal Association; Member, National Black Caucus; Past Member, 
Committee of 100/Regional Housing Board; Past Member, Chamber of Commerce; 
Past Member, Board of Directors of Girls Club; Epsilon Nu Delta Mortuary 
Fraternity; Hanover Lodge No. 14 Masonic; Wilmington Consistory No. 63; Boys Club 
of American, Life Member; Optimist Club, Life Member. 

Political Activities 

N.C. Senate, 1993-present; Appointed by N.C. General Assembly to Technology 
Development Authority, 1991; Re-elected to four year term of City Council, 1989 
Sister Cities International Board of Directors, 1991; International Task Force for the 
National League of Cities, 1991; Re-elected to four year term of City Council, 1985 
Elected Chair, Cape Fear Council of Governments, 1984; Appointed National League 
of Cities Transportation & Communication Committee, 1984; Appointed Vice Chair 
N.C. Transportation & Communication Committee, 1984; Appointed Regional Forurr 
by County Commissioners Association and N.C. League of Municipalities, 1983 
Appointed N.C. General Revenue Sharing Task Force by N.C. League o 
Municipalities, 1983; Chair Elect of Cape Fear Council of Governments-First Blacl 
Chair, 1983; Appointed to fill unexpired term on N.C. State Executive Democratic 



The North Carolina Legislative Branch 397 

District and State Democratic Convention, 1982; Elected Vice Chair, Cape Fear 
Council of Governments, 1982; Appointed N.C. Highway Policy Task Force, 1982; 
Attended National League of Cities Convention in Los Angeles, CA, 1982; Elected to 
Board of Directors of N.C. Black Municipal Officials, 1981; Re-elected to four-year 
term on Wilmington City Council, 1981; NLC Convention in Detroit, Michigan, 1981; 
National League of Cities (NLC) Convention in Atlanta, GA, 1980; Committee to 
Revamp City Boards and Committees, 1979; Elected Treasurer of Cape Fear Council 
of Governments, 1979; Attended NLC Convention in Las Vegas, Nevada, 1979; 
Appointed Audit Committee City of Wilmington, 1978; Wilmington Historic 
Foundation, 1978; Appointed to Cape Fear Council of Government as Secretary, 1978; 
Appointed to Wilmington City Council, 1977; N.C. Senatorial Committee, 1975. 

Honors and A wards 



Man of the Year, Winston-Salem State University Alumni, 1992; Omega Psi Phi 
Fraternity, Inc., 6th District Outstanding Service Award, 1988; Shaw University - 
Salute to Greatness Award, 1988; Citizen of the Year of New Hanover County/Omega 
Psi Phi Fraternity, 1981; Outstanding Young Man of the Year-US Jaycees, 1981; N.C. 
Young Professional of the Year, 1977. 

Personal Information 

Chestnut Street Presbyterian Church (U.S.A.); N.C. Representative (past) National 
Social Concerns Committee Presbyterian Church. 

COMMITTEE ASSIGNMENTS 
Vice Chair: Banks and Thrift Institutions. 
Member: Appropriations Subcommittee on Natural and Economic Resources; 

Economic Development; Public Utilities; State Personnel and State Government; 

Transportation. 

! 



398 




North Carolina Manual 

m 



Ian Theodore Kaplan 

(Democrat - Forsyth County) 

Twentieth Senatorial District - Portions 
of Forsyth County. 

Early Years 

Born in Greensboro, Guilford County, 
December 26, 1946, to Leon and Renee 
(Myers) Kaplan. 

Educational Background 

Riverside Military Academy, 1962-64; R. J. 
Reynolds High School, 1965; Guilford 

College. 

Professional Background 

Lewisville Trading Company. 

Political Activities 

Member, N.C. Senate, 1985-86, 1987-88, 1989-90, 1991-92, 1993-present; N.C. House 
of Representatives, 1977-78, 1979-80, 1981-82. 

Military Service 
Served, U.S. Navy, 1969-71; Reserves, 1968-69 (E-3). 

Personal Information 

Married, Vivian Deanna Frazier, February 20, 1988. Children: Sarah Elizabeth, 
David Michael and Anna Rebecca. Member, Temple Emanuel, Winston-Salem. 

COMMITTEE ASSIGNMENTS 
Chair: Capital Expenditures. 
Vice Chair: Appropriations; Appropriations Subcommittee on Department of 

Transportation; Finance. 
Member: Banks and Thrift Institutions; Constitution and Election Laws; Pensions 

and Retirement; Ways and Means. 



The North Carolina Legislative Branch 



399 




fohn Hosea Keir, III 

(Democrat- Wayne County) 

Eighth Senatorial District - Wayne 
County. 

Early Years 

Born in Richmond, Virginia, February 28, 
1936, to John H. and Mary Hinton (Duke) 
Kerr, Jr. 

Educational Background 

John Graham High School, 1954; University 
of North Carolina, A.B., 1958; University of 
North Carolina, J.D. with Honors, 1961. 

Professional Background 

Attorney, Partner in Warren, Kerr, Walston 
and Hollowell and Taylor; N.C. Bar Association; N.C. State Bar; Wayne County Bar 
Association; Eighth Judicial Bar Association, Past President; Lawyers of N.C, Inc., 
Past President. 

Organizations 

Goldsboro Rotary Club; Wayne County Chamber of Commerce; Goldsboro Jaycees, 
1962-71, Vice President; Wayne County Public Library Trustees, 1966-78, Chair; 
Wayne County Chapter American Red Cross, Chair. 

Boards and Commissions 

Southern National Bank of N.C; Goldsboro Advisory Board, Chair, 1979-80; Wayne County 
Boys Club; Morehead Foundation, District II Committee; Wayne County Community 
Building Trustees, Past Chair; N.C. National Bank; Advisory Board, Past Chair. 

Political Activities 

N.C. Senate, 1993-; N.C. House Representative, 1987-92; Wayne County Democratic 
Executive Committee, Chair, 1980-85, Precinct Chair; Wayne County Young 
Democrats, Past President. 

Military Service 

Served, N.C. National Guard, Sergeant, 1954-62. 

Honors and Awards 

Goldsboro Charter Chapter American Business Women; Boss of the Year, 1978; 
Jaycee Key Man Award; Phi Beta Kappa; Order of Coif; Recipient of Bob Futrelle 
Good Government Award, Wayne County, 1989. 

Personal Information 

Married, Sandra Edgerton Kerr of Goldsboro, December 21, 1960. Children: John and 
James. Member, Madison Avenue Baptist Church; Past Member, Board of Deacons. 

COMMITTEE ASSIGNMENTS 

Chair: Manufacturing and Labor. 

Vice Chair: Environment and Natural Resources; Judiciary I; Public Utilities. 
Member: Economic Development; Finance; Insurance; State Personnel and State 
Government. 



400 



North Carolina Manual 




Donald R. Kincaid 

(Republican - Caldwell County) 

Twenty-seventh Senatorial District - 

Alexander, Avery, Caldwell, Mitchell, 

Wilkes, Yadkin and portions of Burke 

Counties. 

Early Years 

Born in Caldwell County, June 2, 1936, to 
Hugh T. and Myrtle (McCall) Kincaid. 

Educational Background 

Gamewell High School, 1954; Appalachian 
State Teachers College, 1959, B.S. 

Professional Background 

Educator; owner, Kincaid Insurance Agency; 
Boone Insurance Agency, Boone, N.C. 

Organizations 

Lenoir Lions Club (Lion Tamer, former Secretary); Lenoir Rotary Club; N.C. 
Cattlemen's Association; Carolina Association of Mutual Insurance Agents; Caldwell 
County Chamber of Commerce. Former member: NCAE, Gamewell Ruritan Club. 

Boards and Commissions 

Legislative Advisory Board, CAPIA; Board of Trustees, Gardner Webb College; 
Director, Carolina Association of Professional Insurance Agents; Former member, 
N.C. Board of Agriculture. 

Political Activities 

Member, N.C. Senate, 1973-74, 1975-76, 1977-78, 1979-80, 1981-82, 1983-84, 1985- 
86, 1987-88, 1989-90, 1991-92, 1993-; Senate Minority Leader, 1977-78, 1979-80, 
1981-82, 1983-84, 1989-90; N.C. House of Representatives, 1967, 1969, 1971. 

Military Service 

Served, N.C. National Guard, nine years (5-E). 

Personal Information 



Married, Syretha Weatherford, June 30, 1956; four children. 
Baptist Church, Lenoir. 



Member, Lower Creek 



COMMITTEE ASSIGNMENTS 

Ranking Minority Member: Appropriations; Banks and Thrift Institutions; Insurance; 

Manufacturing and Labor. 
Vice Chair: Agriculture, Marine Resources & Wildlife; Appropriations. 
Member: Appropriations Subcommittee on Natural & Economic Resources; Capital 

Expenditures. 



The North Carolina Legislative Branch 
Howard Lee 




(Democrat - Orange County) 

Sixteenth Senatorial District - Chatham, 

Moore, Orange, and portions of Lee and 

Randolph Counties. 

Early Years 
Born July 28, 1934 in Georgia. 

Educational Background 

Fort Valley State College, Georgia, B.A., 
Sociology, 1959; UNC-Chapel Hill, MSW, 
Social Work, 1966. 

Professional Background 

President, Lee Enterprises, Inc., 1985-pre- 
sent; School of Social Work, UNC-Chapel 
Hill, 1981-85; Lecturer, School of Social Work, October, 1981 through August 1985; 
Development Officer, National Child Welfare Leadership Center, January, 1983 
through January, 1984; Administrative Assistant to the Dean, School of Social Work, 
January 1982 through January, 1983; Secretary, N.C. Department of Natural 
Resources and Community Development, 1977-81; Duke University, Durham, 1966- 
75; Mayor of Chapel Hill, 1969-75; President, Custom Molders, Inc.; President 
(Founder), The John H. Wheeler Foundation, Inc., 1978-85; President (Founder), La 
Spa Productions, 1981-84. 

Organizations 
President, Eastern N.C. Chapter, National Association of Social Workers, 1967-69; 
First Vice President, National Conference on Social Welfare, NY, 1973-74; Chair, 
Round Up Campaign, Occoneechee Council of N.C, Boy Scouts of America, 1977-79; 
Member, Appalachian National Science Trail Advisory Council, 1979-81; Grand 
Boule, Sigma Pi Alpha Fraternity, Alpha Tau Boule, 1984; State Crusade Chair, N.C. 
Division, The American Cancer Society, 1985-87. 

Boards and Commissions 

Board of Directors and Second Vice President, National Association of Social Workers, 
1969-76; Board of Directors and Executive Committee, Southern Regional Council, 
Atlanta, GA, 1970-74; Board of Directors, Day Care and Child Development Council of 
America, Washington, DC, 1970-74; Board of Directors, N.C. Heart Association, 1971- 
75; Board of Directors, N.C. Advancement School, 1971-75; Board of Trustees, Wake 
Forest University, Winston-Salem, 1972-76; Board of Visitors, School of Forestry, 
Duke University, 1978-88; Board of Trustees, National Recreation and Park 
Association, NY, 1980-82; Board of Visitors, NCCU, School of Law (charter member), 
1980-; Board of Directors, Chapel Hill-Carrboro, Public School Foundation, President, 
(1985-87); Board of Visitors, School of Public Health, UNC-Chapel Hill, 1985-present; 
Board of Visitors, School of Social Work, UNC-Chapel Hill, 1987-present. 

Political Activities 

Member, N.C. Senate; First Chair, N.C. State Democratic Party, 1976-77; N.C. 
Democratic National Committeeman, 1972-76; Second Vice-Chair, N.C. Democratic 
Party, 1970-72. 



402 North Carolina Manual 

Publications 

Lee, H.N. "North Carolina's Domestic Energy Sources, FOREM, The quarterly maga- 
zine of the School of Forestry and Environmental Studies; Duke University, Volume 
2, Number 2 1980; Lee, H.N. "Managing The Small City." In Urban Governance and 
Minorities, edited by Herring H. Bryce, New York, Praeger Publishers, 1976; Lee, 
H.N. "Political Trends In The South." In The Law Review NCCU, Law School Press, 
1971; Lee, H.N. "School Work and Political Activism." In The Social Welfare Forum, 
New York, Columbia University Press, 1971; Lee H.N. "The Southern Political 
Revolution." In The Black Politician: His Struggle For Power, edited by Mervyn M. 
Dymally, Belmont, CA, Duxbury Press, 1970. 

Military Service 

U.S. Army, August, 1959 through June, 1961; Psychiatric Social Worker with Mental 
Health Clinic (Fort Hood, Texas) and later company clerk (Camp Casey, Lorea); Two 
years active reserve and honorably discharged in 1963. 

Hon or s and A wa rds 

Initial induction, Who's Who in the South, 1979; Initial induction, Who's Who in 
Politics, 1979; Inducted into the Order of The Golden Fleece, UNC, Chapel Hill, 1976; 
Initial induction, Who's Who in Black America, 1975; Initial Induction, Who's Who In 
America, 1972; National Urban League Equal Opportunity Award, 1970. 

Personal Information 

Married, Lillian Lee, three children, three grandchildren. Olin T. Binkley Memorial 
Baptist, Chapel Hill. Serves as deacon and church school teacher. 

COMMITTEE ASSIGNMENTS 
Chair: Appropriations Subcommittee on Department of Transportation. 
Vice Chair: Educational Background/Higher Educational Background. 
Member: Capital Expenditures; Constitution and Election Laws; Insurance; Judiciary 

I; Local Government and Regional Affairs; Transportation; Ways & Means; 

GPAC Select. 




The North Carolina Legislative Branch 
T eanne Hopkins Luca s 

(Democrat - Durham County) 

Thirteenth Senatorial District - Durham, 

Granville, portions of Person and Wake 

Counties. 

Early Years 

Born in Durham, December 25, 1935, to 
Robert Hopkins and Bertha Holman 
Hopkins. 

Educational Background 

Hillside High School, 1953; N.C. Central 
University, BA, 1957; NCCU, MA, 1977. 

Professional Background 

Educator; Durham Public Schools, Director, 
School-Community Relations (retired), 1992-93; Durham City Schools, Director, 
Personnel/Staff Development, 1991-92; Durham City Schools, Director, Staff 
Development Center, 1977-91; President, N.C. Association of Classroom Teachers, 
1975-76; Durham City Schools, French and Spanish Classroom Teacher, 1957-75. 

Orga n iza tions 

WTVD Advisory Committee on Minority Affairs, First Vice President; Member, 

Durham Alumnae Chapter, Delta Sigma Theta Sorority, Inc., (Past President); 

Durham County Chapter, American National Red Cross, Executive Board; Durham 
, Branch, NAACP; Member, Durham Chapter of Links, Inc., (Past President); Member, 
' Human Relations Committee Greater Durham Chamber of Commerce; N.C. 
j Association of Classroom Teachers (50,000 members), 1975-76; President, Durham 

City Association of Educators; Parliamentarian DC, Association of Black Educators; 
i Duke University Trinity College, Board of Visitors; National Teacher Examination 

Study Committee, State Board of Educational Background; President of N.C. 
; Advisory Council, State Board of Educational Background; Member - 1074 Senate 
\ Study Commission of Public and Private Schools, Appointed by Lieutenant Governor. 

Political Activities 

Member, N.C. Senate, 1993-present (appointed to fill unexpired term of Ralph Hunt); 
Precinct Chair/Committee, member, Gorman Ruritan, Precinct #29; Member, Political 
Action Committee for Educators (PACE); Member, Legislative Committee, NCAE; 
Secretary, John F. Kennedy Young Democratic Club; Member, Durham Demonettes; 
Member, Durham Committee on the Affairs of Black People; Secretary, Durham 
County Democratic Party; Chair, 2nd Congressional District Democratic Party; Co- 
Chair, Political Committee, Durham Committee; Delegate, National Democratic 
Convention, 1984; Member, State Executive Committee, Democratic; First African- 
American Female in N.C. Senate; N.C. State Textbook Commission, Governor James 
B. Hunt; Member, 1074 Senate Study Commission of Public and Private Schools, 
appointed by Lieutenant Governor. 



404 North Carolina Manual 

Honors and A wards 

Nominated Outstanding Young Educator of Hillside High School; Durham City 
Outstanding Young Educator from Hillside High School, 1973; Durham City Teacher 
of the Year, 1974; Public Service Sorority Merrick-Fisher-Spaulding; Mount Gilead 
Music/Service Awards; YWCA- Woman of Achievement Silver Medallion Nominee; 
National Association of Negro Business and Professional Women's Clubs, Inc.; 
Sojourner Truth Award; American Business Woman of the Year, 1992. 

Personal Information 

Married, William "Bill" Lucas, August 2, 1959. Member, Mount Gilead Baptist 
Church; Director, Gospel Choir; Ideal Sunday School Class; Member, Christian 
Educational Background Committee; Chapter President, United Christian Front for 
Brotherhood; Secretary Trustee Board, (Past Chair); Chair, Budget Committee; 
Member, Mass Choir; Sunday School Teacher, Teenagers; Interdenominational 
Health and Human Services Coordinator for three Durham Churches. 

COMMITTEE ASSIGNMENTS 

Member: Banks and Thrift Institutions; Capital Expenditures; Educational 
Background/Higher Educational Background; Finance; Pensions and Retirement; 
Public Utilities; Transportation; Ways & Means; GPAC Select; Select Committee 
on Bonds. 



ame 



The North Carolina Legislative Branch 
arshall S 5 




(Democrat - Harnett County) 

Fifteenth Senatorial District - Harnett, 

and portions of Johnston, Lee and 

Sampson Counties. 

Early Years 

Born in Lineboro, Carroll County, November 
18, 1945, to Donald T. Folk and Pauline 
Armstrong Folk. 

Educational Background 

North Carroll High School, 1963; University 
of Maryland, B.S., Textiles & Clothing, 
1968; Campbell University, J.D., 1981. 

Professional Background 

Attorney at Law, Marshall & Marshall, Partner, 1985-; Associate, Bain & Marshall, 
' 1981-84; Owner and Decorator, The Custom House, 1975-79; Instructor, Lenoir 
Community College, 1970-77. 

Organizations 

Harnett HelpNet for Children, Chairperson, 1992-93; N.C. Friend of Extension 

Award, 1992; State of the Child Conference Planning Committee, 1991-92; Personal 

Information Community Leadership Conference Speaker, Kellogg Foundation & N.C. 

Extension Service (8 counties), 1989-90; Harnett County 4-H Alumni of the Year, 

; 1989; Governor, N.C. Academy of Trial Lawyers, 1988-present; Speaker, Annual 

Meeting N.C. Association of Women Attorneys, 1991; President, Harnett County Bar 

| Association, 1988-89; Vice-President, Campbell University School of Law Alumni 

Association, 1985-86; Adjunct Faculty, Trial Advocacy Program, Campbell University, 

i School of Law, 1982-84; Trial Judge & Appellate Judge for Campbell University Law 

. Students, 1982-present; N.C. College of Advocacy, 1981-present; Member, Personal 

| Information Law Section, ABA and NCBA; N.C. State Bar; N.C. Bar Association; N.C. 

Academy of Trial Lawyers; N.C. Association of Women Attorneys; American Bar 

Association; American Academy of Trial Lawyers; Delta Theta Phi Legal Fraternity. 

Boards and Commissions 

N.C. Rural Economic Development Fund, Inc., Board of Directors, 1993; N.C. 4-H 
Development Fund, Inc., Board of Directors, 1993-95; Harnett County United Way, 
Board of Directors, 1987-present. 

Political Activities 

Member, N.C. Senate, 1993-; Joint Legislative Highway Oversight Committee, 1993- 
95; Legislative Research Study Commission on Alternative Health Care, 1992; 
Harnett County Democratic Party Chair, 1991-92; Democratic Women of Harnett 
County, President, 1983-87; Young Democrats of America, National Secretary, 1977- 
79; National Committee Woman, Young Democrats of N.C, 1974-77. 

Personal Information 

Married, Sol Marshall, May 21, 1983. Member, Divine Street United Methodist Church. 



406 North Carolina Manual 

COMMITTEE ASSIGNMENTS 

Vice Chair: Banks and Thrift Institutions. 

Member: Agriculture, Marine Resources & Wildlife; Appropriations Subcommittee on 

Justice & Public Safety; Educational Background/Higher Educational 

Background; Judiciary I; Local Government and Regional Affairs; GPAC Select. 



The North Carolina Legislative Branch 



407 




R obert Lafayette Marti n 

(Democrat - Pitt County) 

Sixth Senatorial District - Portions of 

Edgecombe, Martin, Pitt, Washington 

and Wilson Counties. 

Early Years 

Born in Bethel, Pitt County, November 8, 
1918, to John Wesley and Lena (Sessums) 
Martin. 

Educational Background 

Oxford Orphanage High School; School of 
Electricity, Oxford Orphanage. 

Professional Background 

President, Farmers Mutual Fire Insurance Association; farmer. 

Organizations 

Shriner; 32nd Degree Mason. 

Political Activities 

Member, N.C. Senate, 1985-86, 1987-88, 89-90, 1991-92, 1993-94; Commissioner, Pitt 
County, 1956-1984; Mayor, Town of Bethel, 1951-1956; Commissioner, Town of 
Bethel, 1949. 

Personal Information 

, Married, Sue Cooper, June 29, 1940. Children: Lynda and Bobbie Sue. Member, 
Bethel Missionary Baptist Church; Past Chair, Board of Deacons; Superintendent, 
j Sunday School; Sunday School Teacher. 

COMMITTEE ASSIGNMENTS 

1 Chair: Appropriations on Natural & Economic Resources. 
Vice Chair: State Personnel and State Government. 

Member: Capital Expenditures; Economic Development; Public Utilities; Rules and 
Operation of the Senate; Ways and Means. 



408 



North Carolina Manual 




iarri 



elson Martin 



(Democrat - Guilford County) 

Thirty-first Senatorial District - Portions 
of Guilford County. 

Early Years 

Born in Eden, Rockingham County, May 25, 
1945, to Thomas William and Carolyn 
(Henderson) Martin. 

Educational Background 

Douglas High School (Eden), 1962; N.C. A & T 
State University, 1966, B.S. (Economics); 
George Washington University, School of 
Law, 1973, J.D. 

Professional Background 

Attorney at Law. 

Organizations 

One Step Further, Inc., 1982-present (Co-founder and first President; Board of 
Directors); National Black Child Development Institute, 1979-1981; Phi Beta Sigma, 
1965-present (former President and Vice President of graduate chapter based in 
Greensboro); Congress of Racial Equality, 1967-73 (Chair, Bridgeport, CT Chapter, 
1968-69; Special Assistant to Northeastern Regional Director, 1969-1973); Charlotte 
Hawkins Brown Historical Foundation, 1983-present (Co-founder; Board of 
Directors); N.C. Public School Policy Forum, 1986-present (Board of Directors; Chair, 
Subcommittee on Early Childhood Educational Background, 1987-88). 

Boards and Commissions 

N.C. At-Risk Children and Youth Task Force (Chair, 1988-89); Interstate Migrant 
Educational Background Council (represented N.C), 1989; UNC Center for Public 
Television Program Advisory Committee, 1988-present; N.C. Historic Sites Advisory 
Committee, 1985-86; City of Greensboro Housing Commission, 1979-1982; Social 
Concerns Committee of the Council of Churches of Greater Bridgeport, Connecticut 
(former Co-Chair; active member, 1967-1969). 

Political Activities 

Member, N.C. Senate, 1983-Present; National Conference of State Legislators, N.C. 
representative to the Educational Background Committee, 1989-; Southern Legislative 
Conference, N.C. representative to the Educational Background Committee 1989-pre-i 
sent; Chair, North Carolina Democratic Party Platform Committee, 1986. 

Personal Information 

Married, Patricia Yancey. Children: Thomas William and William Nelson, Jr. 
Member, Providence Baptist Church, Greensboro. 

COMMITTEE ASSIGNMENTS 

Chair: GPAC Select. 

Vice-Chair: Appropriations; Appropriations Subcommittee on General Government. 
Member: Capital Expenditures; Children and Human Resources; Insurance; 
Judiciary II; State Personnel and State Government. 



The North Carolina Legislative Branch 



409 




onias LaFontine Odom, Sr« 

(Democrat - Mecklenburg County) 

Thirty-fourth Senatorial District - Portions 
of Lincoln and Mecklenburg Counties. 

Early Years 

Born in Rocky Mount, Nash County, April 
18, 1938. 

Educational Background 

West Mecklenburg High School, 1956; 
attended Charlotte College, 1957; UNC- 
Chapel Hill, B.A., 1960; School of Law, 
UNC-CH, LL.D., 1962. 

Professional Background 

Attorney (Senior Partner in law firm of 

Weinstein & Sturges, P. A.; member of firm 

since 1964), Assistant City Attorney, Charlotte, 1963-64; Research Assistant, N.C. 

Supreme Court, 1962-63. 

Orga n iza tions 

American and North Carolina Bar Associations; N.C. State Bar; N.C. Academy of 
Trial Lawyers; Steele Creek Masonic Lodge (past Secretary); Red Fez Shrine Club 
(past member, Board of Directors); West Charlotte Rotary Club; Greater Charlotte 
Chamber of Commerce; Former Scout Leader; Little League Baseball Coach. 

Boards and Commissions 

Board of Commissioners, Carolina Medical Center 1987-; Board of Directors, 
Salvation Army Adult Rehabilitation Center, 1984-; Board of Visitors, UNC- 
Charlotte; Former member, Mecklenburg County Parks and Recreation Commission, 
1975-1980 (Past Chair). 

Political Activities 

Member, N.C. Senate, 1989-present; Mecklenburg Board of County Commissioners, 
1980-1986 (Chair, 1982-84; Vice-Chair, 1980-82). 

Honors and A wards 

American Red Cross Certificate of Merit; Presidential Citation; National Association 
' : of County Commissioners National Award of Merit, 1986; Mecklenburg County 
Environmental Award, 1980; West Mecklenburg High School Hall of Fame. 

Personal Information 

Married, Jane Lowe of Charlotte; Children: Tommy, David, Amy, Matt. Member, 
Pleasant Hill Presbyterian Church (former Elder and Deacon); Sunday School Teacher; 
Past President, Synod Men of North Carolina; Past President, Mecklenburg, Presbytery 
Men; Commissioner to Presbyterian Church General Assembly, 1975 and 1988. 



COMMITTEE ASSIGNMENTS 

Chair: Appropriations Subcommittee on Justice & Public Safety. 
Vice Chair: Judiciary II. 

Member: Capital Expenditures; Environment and Natural Resources; Insurance; 
Rules and Operation of the Senate; Transportation; Ways & Means. 



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North Carolina Manual 




David Russell Parnell 

(Democrat - Robeson County) 

Thirtieth Senatorial District - Robeson 

and portions of Bladen , Cumberland, 

Hoke Counties. 

Early Years 

Born in Parkton, Robeson County, 
November 16, 1925, to John Quincy and 
Celia (Britt) Parnell. 

Educational Background 

Parkton Public Schools, 1931-41; Oak Ridge 
Military Institute, 1941-44; Wake Forest 
University, 1949, B.S. 

Professional Background 

Merchant; Farmer. 

Organiza tions 

N.C. Merchants Association, Director; N.C. Oil Jobbers Association; Director, N.C. 
Plant Food Association; N.C. State Humanities Foundation 1975-1981. 

Boards and Commissions 

Robeson County Industrial Development Commission, 1963-1985; Trustee, Meredith 
College, 1977-; N.C. State Highway Commission, 1969-72; Board of Directors, First 
Union National Bank, 1957-present. 

Political Activities 

Member, N.C. Senate, 1983-84, 1985-86, 1987-88, 1989-90, 1991-92, 1993-present; 
N.C. House of Representatives, 1975-76, 1977-78; 1979-80, 1981-82; Mayor, Town of 
Parkton, 1964-69. 

Military Service 

Served, U.S. Army, 1945-46 (Corporal). 

Personal Information 

Married, Barbara Johnson Parnell, June 11, 1948. Children: David R. Parnell, Jr., 
Anne P. Constable, Timothy Scott Parnell and three grandchildren. Member, Parkton 
Baptist Church; Sunday School Teacher, 1950-present; Board of Deacons, 1952-pre- 
sent; Treasurer, 1959-72. 



COMMITTEE ASSIGNMENTS 

Chair: Insurance. 
Vice Chair: Public Utilities. 

Member: Finance; Judiciary I; Rules and Operation of the Senate; State Personnel 
and State Government; Transportation. 




The North Carolina Legislative Branch 
Beverly Moore Perdue 

(Democrat - Craven County) 

Third Senatorial District - Craven, 

Pamlico and portions of Carteret 

Counties. 

Early Years 

Born in Grundy, Virginia, January 14, 1947, 
to Alfred P. and Irene E. (Morefield) Moore. 

Educational Background 

Grundy High School, 1965, University of 
Kentucky, 1969, (B.S. in History); 
University of Florida, M.Ed. Community 
College Administration, 1974; University of 
Florida, 1976 (Ph.D. in Administration); 
Fellow, University of Florida Center of 
Gerontology Geriatrics Specialist. 

Professional Background 

Former Director, Geriatric Services, Craven County Hospital; Consultant, Robert W. 
Johnson Foundation; Neuse River Council of Governments; Director of Human 
Services; Gerontology Society; National Council on Aging; American Hospital 
Association. 

Organizations 

Chamber of Commerce; Committee of 100; Historical Society; Arts Council; A.B.C. 
Board, Chair. 

Boards and Commissions 

Member, N.C.N.B. Board; Member, N.C. United Way Board; N.C. Tourism Council; 
N.C. Equity; N.C. Coalition on Adolescent Pregnancy, Board of Directors. 

Political Activities 

Member, N.C. House of Representatives, 1987-88, 1988-89, 1989-90; Member, N.C. 
Senate 1991-92, 1993-present; Craven County Democratic Party, Precinct Chair, 
Treasurer, First Vice-President; N.C. Democratic Party, Executive Committee & 
Executive Council. 

Personal Information 

Married, Gary R. Perdue, Sr. of Louisville, KY, 1970. Children: Garrett and Emmett. 
Member, Christ Episcopal Church. 

COMMITTEE ASSIGNMENTS 
Chair: Educational Background/Higher Educational Background. 
Vice Chair: Appropriations; Transportation. 

Member: Agriculture, Marine Resources & Wildlife; Appropriations Subcommittee on 
Educational Background; Banks and Thrift Institutions; Children and Human 
Resources; Public Utilities; Rules and Operation of the Senate; GPAC Select. 



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North Carolina Manual 




Janies Clark Plexico 

(Democrat- Henderson County) 

Twenty-ninth Senatorial District - Swain 

and portions of Haywood, Henderson, 

Jackson, Macon, and Transylvania 

Counties. 

Early Years 

Born in Dalton, Georgia, to Rev. J. Clyde 
and Miriam Clark Plexico, on December 27, 
1948. 

Educational Background 

Valdese High School, 1967; University of 
the South, Sewanee, TN, B.A., Political 
Science, 1971; University of Southern 
California, M.A. with Distinction, 

International Relations, 1986; Graduate of Middlebury College School of Arabic, 

Middlebury, Vermont. 

Professional Background 

Realtor, Beverly-Hanks & Associates; Former Managing Director and Owner, 
International Real Estate Companies in Europe and Asia; Former Teacher both in 
America and abroad. 

Organizations 

Royal Institute of International Affairs; Institute of Directors; Board of Realtors; Past 
Chair, International Relations Committee, Kiwanis Club; Lecturer on the Middle 
East for Great Decisions Program UNC-A. 

Boards and Commissions 

Board of Directors, Mainstay; Elder, Trinity Presbyterian Church; Screening 
Committee, N.C. Teaching Fellows Commission; Board of Trustees, Flat Rock 
Playhouse; Board of Directors, Rural Economic Development Board; Board of 
Transportation Highway Oversight Committee. 

Political Activities 

Member, N.C. Senate, 1991-present; Delegate Democratic National Convention, 1988; 
Coordinator for Unity Campaign, 1988 Henderson County; Past Member Democrats 
Abroad, Vance-Aycock Chair, 1991; Clinton-Gore Coordinator for W.N. C, 1992. 

Military Service 

Army, Advanced ROTC; Marksmanship Award at basic training. 

Personal Information 

Married, Deborah Palmer of Stow-on-the-Wold, Gloucestershire, England, August 1, 
1981. Children: Hattie, Molly and Jack. Member, Trinity Presbyterian Church; Elder 
and Sunday School teacher; Past Secretary, Church Council of the American Church 
in London; Inter-Religious Committee for Peace in the Middle East; Presbyterian 
Middle East Network. 



The North Carolina Legislative Branch 413 

COMMITTEE ASSIGNMENTS 

Chair: Appropriations Subcommittee on General Government. 
Vice Chair: Manufacturing and Labor. 

Member: Capital Expenditures; Children and Human Resources; Constitution and 
Election Laws; Environment and Natural Resources; Judiciary II; Ways & 

Means. 



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North Carolina Manual 




Owner Plyler Grading and Paving, Inc 
and real estate interests. 



Aaron W« Plyler 

(Democrat-Union County) 

Seventeenth Senatorial District - Anson, 

Montgomery, Richmond, Scotland, 

Union, and portions of Hoke, and Stanly 

Counties. 

Early Years 

Born in Union County, October 1, 1926, to 
Isom F. and Ida (Foard) Plyler. 

Educational Background 

Attended Benton Heights School; Florida 
Military Academy. 

Professional Background 

Independent Businessman (President - 
; President, Hill Top Enterprises); Farming 



Orga n iza tions 

Member/Past President, Wingate College Patron Club; Member/Past President 
Monroe-Union County Chamber of Commerce; Member, North Carolina Restaurant 
Association; North Carolina Citizens Association; Associated General Contractors of 
America; National Federation Independent Business; Rolling Hills Country Club. 

Boards and Commissions 

Member, General Board of Directors, United Carolina Bank; Board of Directors, 
North Carolina Restaurant Association; Hill Top Enterprises; Yadkin-Pee Dee River 
Basin, Mecklenburg-Union County United Way; Board of Advisors, University of 
North Carolina-Charlotte. 

Political Activities 

Served in N.C. Senate, 1983-84, 1985-86, 1987-88, 1989-90, 1991-92, 1993-; N.C. 
House of Representatives, 1975-76, 1977-78, 1979-80, 1981-82; Precinct Chair 10 
years; Past Chair, Union County Democratic Party. 

Honors and A wards 

1970, Monroe-Union County Leadership Award; 1971, Union County "Man of the 
Year" Award; 1971, Wingate College Patron Club Award; 1973, Union County 
Leadership Award; 1980, Andrew Jackson Award; 1985, NCAE Award for 
Outstanding Support of Education; 1985, N.C. Public Library Directors Association, 
Distinguished Service Award; 1985 & 1991, Association for Retarded Citizens of N.C. 
Award; 1992, Honorary Doctorate of Law, Wingate College; 1992, President Southern 
Piedmont Legislative Caucus. 

Personal Information 

Married, Dorothy Moser Plyler, May 22, 1948; Children: Barbara Plyler Faulk; 
Dianne Plyler Hough; Aaron W. Plyler, Jr.; Alan Plyler; and Alton Plyler. Member, 
Benton Heights Presbyterian Church (Ruling Elder); Past Chair, Board of Deacons. 



The North Carolina Legislative Branch 415 

COMMITTEE ASSIGNMENTS 

Chair: Appropriations. 

Vice Chair: Ways & Means. 

Member: Agriculture, Marine Resources & Wildlife; Capital Expenditures; Economic 

Development; Pensions and Retirement; Rules and Operation of the Senate; 

State Personnel and State Government; GPAC Select. 



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North Carolina Manual 




Ja nies Franklin Richardso n 

(Democrat-Mecklenburg County) 

Thirty-third Senatorial District - 
Portions of Mecklenburg County. 

Early Years 

Born in Charlotte, Mecklenburg County, 
May 20, 1926, to Sam and Addie (Pickens) 
Richardson. 

Educational Background 

Second Ward High School, 1943; Johnson C. 
Smith University, 1949, B.S. 

Professional Background 

Retired (former postmaster). 



Organizations 
Masons; NAACP; Omega Psi Phi; Sigma Pi Phi. 

Boards and Commissions 

Past Chair, N.C. Social Services Commission; Vice Chair, Study Commission for 
Mecklenburg County District Representation; Past Board Member, 
Charlotte/Mecklenburg Public Broadcasting Channel 42; Past Board Member, 
Charlotte Drug Educational Background Center; Past Chair, WTVT Advisory Board, 
Channel 42; Past Member, Board of Trustees, Charlotte Mint Museum; Past Board 
Member of Charlotte Housing Authority; Past Vice-Chair of Mecklenburg Area 
Mental Health Authority; Past Chair, Charlotte/Mecklenburg Youth Council; Past 
Member, Mecklenburg Youth Services Board Member; Past Member, Youth Homes, 
Inc.; Member, Board, Fighting Back; Member, Board of Directors Arts and Science 
Council; Member, Board of Directors, Performing Arts Center. 

Political Activities 
Member, N.C. Senate, 1987-92, 1993-Present; N.C. House of Representatives, 1985-86. 

Military Service 
Served, U.S. Navy, 1944-46 (Aviation Metal Smith 1st Class). 

Personal Information 

Married, Mary E. Nikon of Columbia, South Carolina, April 16, 1964. Children: 
Gregory and James Franklin, Jr. Member, Memorial Presbyterian Church, 
Charlotte; Elder, Social Action Committee. 

COMMITTEE ASSIGNMENTS 
Chair: Appropriations Subcommittee on Human Resources. 

Member: Banks and Thrift Institutions; Capital Expenditures; Children and Human 
Resources; Economic Development; Judiciary I; Manufacturing and Labor. 



The North Carolina Legislative Branch 



417 




Alexander R Sands, II I 

(Democrat-Rockingham County) 

Twenty-fourth Senatorial District - 
Portions of Cumberland County. 

Early Years 

Born in Reidsville, Rockingham County, 
October 26, 1945, to A. Paul and Kathryn 
(Jenkins) Sands, Jr. 

Educational Background 

Reidsville Senior High School, 1963; Duke 
University, A.B., Political Science, 1967; 
University of North Carolina School of Law, 
Juris Doctor (with honors) 1971. 

Professional Background 

Attorney, Partner, Bethea and Sands; N.C. Bar Association; N.C. Academy of Trial 
Lawyers, Rockingham County Bar Association, (president, 1984-85); Association of 
Trial Lawyers of America. 

Organizations 

Reidsville Rotary Club, President, 1983; Rockingham County Farm Bureau; 
Reidsville Jaycees, President, 1974-75. 

Political Activities 

'. Member, N.C. Senate, 1987-90, 1993-present; Majority Whip 1989-90; Chair, Senate 
! Democratic Legislative Campaign Committee 1989-90. 

Military Service 

Served, N.C. National Guard, (sp.5), 1968-74. 

Personal Information 

i Married, Virginia Lee Coffield, of High Point, August 15, 1970. Children: Andy and 
Anna. Member Woodmont United Methodist Church; Administrative Board; Sunday 
School Teacher. 



COMMITTEE ASSIGNMENTS 

Chair: Rules and Operation of the Senate. 

Vice Chair: Judiciary I; GPAC Select. 

Member: Agriculture, Marine Resources & Wildlife; Constitution and Election Laws; 

Educational Background/Higher Educational Background; Environment and 

Natural Resources; Finance; Insurance; Ways & Means. 



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North Carolina Manual 




Mary Powell Seymour 

(Democrat - Guilford County) 

Thirty-second Senatorial District - 
Portions of Guilford County. 

Early Years 

Born in Raleigh, Wake County, April 12, 
1922, to Robert C. and Annie Rebecca 
(Seymour) Powell (both deceased.) 

Educational Background 

Graduated, Needham B. Broughton High 
School, 1939; Peace College, 1941; Course 
Study, Harvard University, Cambridge, 
Mass., 1946-47; Pilot Nursery School Study 
Program, University of Michigan, Ann 
Arbor, Michigan 1949-50; Leadership 

Development Training, Center for Creative Leadership, 1978; GTCC, Basic Computer 

Science 1983. 

Professional Background 

Legal Assistant; Licensed Real Estate Broker. 

Organizations 

Member, Women's Professional Forum 0. Henry Woman's Club; Greensboro Council 
of Garden Clubs, Inc.; Greensboro Legal Auxiliary; Honorary Member, Business and 
Professional Women; Hayes Taylor YMCA; Chamber of Commerce, Community 
Development Council. 

Boards and Commissions 

Tarheel Trail Girl Scout Council Inc.; Board of Visitors, Peace College; Board of 
Directors, Hayes Taylor YMCA; N.C. Arts Council, 1981-83; Parks and Recreation 
Council, 1979-85; N.C. Law Related Educational Background Committee, 1980-84; 
State Transportation Advisory Council, 1981-83; Board of Directors, National 
Conference of Insurance Legislators, 1980-83; Chair, Guilford County Legislative 
Delegation, 1982-84. 

Political Activities 

Member, N.C. Senate, served, N.C. House of Representatives, 1977-78, 1979-80, 1981- 
82 and 1983; YDC; Democratic Women; Legislative Services Commission, 1981-83; 
Mayor Pro Tempore, City of Greensboro, 1973-75; Greensboro City Council (elected 
four terms), 1967-75; Legislative Ethics Committee. 

Honors and A wards 

Received, 1970 Eleanor Roosevelt Award; Woman of the Year, City Beautification; 
1971, Bryant Citizenship Award, District 7, N.C. FWC; Chamber of Commerce Dolley 
Madison Award; 1972, Quota Club Woman of Year; Distinguished Alumna, Peace 
College; 1974; Distinguished Service Award, YWCA: 1975, "Who's Who in I 
Government", 1976-77, Bowker, "Women in Public Office"; N.C. Bar Association 
Legislative Recognition 1980; Distinguished Service Award, N.C. Public Health 



The North Carolina Legislative Branch 419 

Association, 1982; "Good Sam" Award for Legislation Affecting the Hearing Impaired, 
1982; Community Service Award, Bennett College; N.C. Recreation and Parks 
Legislative Award, 1984; 1992, Chamber of Commerce, Uncle Joe Cannon. 

Personal Information 

Married, Hubert E. Seymour, Jr., February 3, 1945. Children: Hubert and Robert. 
Member, College Park Baptist Church; Sunday School Teacher (ten years). 



COMMITTEE ASSIGNMENTS 

Chair: Public Utilities. 

Vice Chair: Economic Development. 

Member: Banks and Thrift Institutions; Finance; Insurance; Manufacturing and 

Labor; Rules and Operation of the Senate; State Personnel and State 

Government; Transportation. 



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North Carolina Manual 




J irn Kenip Sherron, Jr . 

(Democrat - Wake County) 

Fourteenth Senatorial District - Portions 
of Johnston, and Wake Counties. 

Early Years 

Born in Fuquay Varina, Wake County, 
September 26, 1931, to Jim K. and Maggie 
(Grady) Sherron, Sr. 

Educational Background 

Fuquay Springs High School, 1950; North 
Carolina State University, B.S., 1959. 

Professional Background 

Commercial Investment Real Estate, 
Owner/ Partner; Capital Equity 
^Jj> Corporation, President, 1985-present; 
Registered Broker-Dealer, NASD. 

Orga n iza tions 

Mason, Millbrook Lodge, NO. 97; Shriner, Amran Temple; Exchange Club, life mem- 
ber; Exchange Club, New Hope/Wilders Grove, President, 1977-78; Wilders Grove 
Youth Center, 1976; Little League Football Coach, 1965-75; Raleigh Board of 
Realtors; N.C. Association of Realtors; National Association of Security Dealers; Real 
Estate Securities and Syndication Institute. 

Boards and Commissions 

Board of Directors of Learning Together, 1984-present; N.C. State Humanities 
Foundation, 1986; Raleigh Planning Commission, 1977-81; Fayetteville Street Mall 
Authority, 1979; Capital Planning Commission, 1989-present. 

Political Activities 

Member, N.C. Senate 1987-88, 1989-90, 1991-92, 1993-; Young Democrats of N.C, 
1955-1971, Wake County Young Democrats, (President, 1962-club was voted out- 
standing Young Democratic Club of America); Precinct Chair, (sixteen years), County 
and District Executive Committee; Deputy Secretary of Administration, 1981-84; 
Director of Purchasing and Contract, 1981; Director of State Property, 1977-81. 

Military Service 

Served U.S. Navy, AM-3, 1951-55; Korean Service Ribbon; Good Conduct Ribbon. 

Honors and A wards 

i 

Gertrude Carrawan Award for Historical Preservation, 1982; Wake County Democrat 
of the Year, 1982; Outstanding Young Democrat of N.C, 1962. 

Personal Information 

Married, Carolyn Honeycutt, of Salemburg, January 19, 1958. Children: Kemp and 
Kathy. Member, Millbrook Baptist Church. 

COMMITTEE ASSIGNMENTS 

Chair: Ways & Means. 

Vice Chair: Capital Expenditures; Finance; GPAC Select. 
Member: Appropriations Subcommittee on Department of Transportation; Pensions 
and Retirement; State Personnel and State Government; Transportation. 



The North Carolina Legislative Branch 



421 



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Daniel Reid Simpson 

(Republican - Burke County) 

Twenty-seventh Senatorial District - 

Alexander, Avery, Caldwell, Mitchell, 

Wilkes, Yadkin, and portions of Burke 

Counties. 

Early Years 

Born in Glen Alpine, Burke County, 
February 20, 1927, to James Reid and Ethel 
Margaret (Newton) Simpson. 

Educational Background 

Glen Alpine Public Schools, 1932-43; 
University of Mississippi; Auburn; Lenoir 
Rhyne College; Wake Forest University, 
1949, B.S.; Wake Forest University, School 
of Law, 1951, LL.B. 

Professional Background 

Attorney (of Counsel in Firm of Simpson, Aycock, Beyer, and Simpson, PA.), former 
Attorney: Town of Glen Alpine, Burke County and Burke County Schools; Former 
i Criminal Court Judge. 

Orga n iza tions 

Burke County, N.C., N.C. State, and American Bar Associations; Catawba Valley 
Lodge No. 217 (former Grand Master) Free and Accepted Masons. Former member: 
Lions Club, Junior Chamber of Commerce; Sigma Chi; Phi Delta Phi. 

Boards and Commissions 

■Director: First Union National Bank, Morganton; Environmental Oversight 
Commission; Highway Oversight Committee. 

Political Activities 

jMember, N.C. Senate, 1985-Present; N.C. House of Representatives, 1957, 1961, 
1963; Chair, Joint Caucus; former Chair, Burke County Republican Executive 
Committee; former President and Vice President, Burke County Young Republicans 
Club; former Mayor and Councilman, Town of Glen Alpine; former Vice-Chair, N.C. 
Young Republicans. 

Military Service 

erved, US Army, 1945-46 (T/5); South Pacific theater. 

Honors and Awards 

Who's Who in American Law. 

Personal Information 

tarried, Mary Alice Leonard of Glen Alpine, September 16, 1951. Children: Mary 
^lma (Simpson) Beyer, James Reid, II and Ethel Barie (Simpson) Todd. First Baptist 
Church, Morganton. 



COMMITTEE ASSIGNMENTS 

tanking Minority Member: Agriculture, Marine Resources & Wildlife; Capital 

Expenditures; State Personnel and State Government. 
Member: Appropriations Subcommittee on Educational Background; Environment 

and Natural Resources; Judiciary II; Pensions and Retirement; Rules and 
Operation of the Senate. 



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North Carolina Manual 



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Paul Sanders Smith 



(Republican-Rowan County) 

Twenty-third Senatorial District - 

Portions of Davidson, Iredell and Rowan 

Counties. 

Early Years 

Born in Salisbury, Rowan County, March 16, 
1927, to Karl F. and Mary (Sanders) Smith. 

Educational Background 

Boyden High School, 1948; Catawba 
College, 1948-49; PMA Management 
Institute, UNC-Chapel Hill, 1966-70; 
Legislative Leaders, Advanced Management 
Program, Boston University, 1987. 

Professional Background 
Executive Vice President, Marketing and Operations, Holding Brothers, Inc. 

Org a n iza tions 

Salisbury Sales and Marketing Executives (President, 1975-76); Salisbury-Rowan 
Merchants Association (President, 1975); Lexington Retail Merchants Association; I 
Rowan Oil Dealers Association (President, 1966-67); N.C. Merchants Association, 
Advisory Board, 1982-present; Boy Scouts of America (Scoutmaster; Advisory Board, 
Central N.C. Council, 1983-present); Coach (Little League Baseball and YMCA 
Basketball); Salisbury Chamber of Commerce (President, 1976); Lexington Chamber 
of Commerce; Salisbury Rotary (Director, 1970-71;); Salvation Army Advisory Board, 
1979-present; Davidson County Art Guild; Catawba College Alumni Association; 
Friends of the Library Association for Retarded Citizens; North State Football 
Officials Association; Tri-County Mental Health Board; United Way (Budget Chair, 
1976); N.C. Transportation Museum Board 1985-; Ex. Committee Yadkin - Pee Dee 
River Basin. 

Political Activities 

Member, N.C. Senate, 1981-82, 1985-present; Senate Minority Whip, 1985-92; 
Southern Regional Educational Background Board 1986-; Rowan County Republican 
Party, Chair, 1983-84; GOP Presidential Elector, 8th District, 1984; Chair, Rules and 
Resolutions, GOP 8th District, 1984; State Executive Committee 1981; Chair, Rowan 
County Board of Commissioners, 1978-79; Advisory Budget Commission; Inaugural 1 
Committee 1988; Energy Committee of Southern Legislative Conference; ALEC: 
Public School Forum of N.C; National COIL Executive Committee; GOP Platform 
Committee, 1993; Rowan GOP Mens Club. 

Military Service 
Served, U.S. Navy, 1943-45 (Seaman 1st Class). 






The North Carolina Legislative Branch 423 

Honors and Awards 

Friend of the Library, 1983; Oil Industry Award, N.C. Oil Jobbers; Order of the 
Arrow; Scouter's Key; Man of the Year, 1976; Citizen of the Year, 1975; Boss of the 
Year, 1971; Friend of the Boy, 1965; MLK Humanitarian Award, 1989; NFIB 
Guardian 1988; Taxpayers Best Friend, 1991-92. 

Personal Information 

Married, Alda Olivia Clark of Salisbury, September 4, 1950. Children: Paula, 
Charles, and Amy. Three Grandchildren. Member, St. John's Lutheran Church, 
Salisbury; Church Council; Pulpit Committee; Men of the Church; Vice President, J. 
L. Fisher Bible Class; Chair, Educational Background Committee; Lutheran Services 
Foundation; Usher Team. 

I COMMITTEE ASSIGNMENTS 

Ranking Minority Member: Appropriations Subcommittee on Educational 

Background; Constitution and Election Laws; Transportation. 
Vice Chair: Educational Background/Higher Educational Background; Insurance. 
Member: Capital Expenditures; Pensions and Retirement; Public Utilities. 



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North Carolina Manual 




James Davis Speed 

(Democrat - Franklin County) 

Eleventh Senatorial District - Franklin, 

and portions of Johnston, Vance and 

Wilson Counties. 

Early Years 

Born in Louisburg, Franklin County, 
January 30, 1915, to Henry Plummer and 
Addie (Jeffreys) Speed. 

Ed u ca tion alBa ckgro und 

Gold Sand High School; NCSU. 

Professional Background 

Farmer; Tobacco Warehouseman. 

Organizations 

Farm Bureau (Past President); Agri-Business Council; Mason (Past Master) Shriner; 
N.C. Forestry Association. 

Boards and Commissions 

N.C. Tobacco Foundation; Franklin County Farm Bureau Board of Directors; Franklin 
County Leadership Committee; Former Member, Franklin Memorial Hospital Board of 
Directors; Former Chair, N.C. State Board of Agriculture; N.C. Veterinary Foundation, 
Board of Directors; Franklin County Board of Health; N.C. Farm Bureau State Board of 
Directors; Former Chair, Franklin County Democratic Party. 

Honors and Awards 

Outstanding Service Award by N.C. Association of Rescue Squads, 1971; District Tree 
Farmer of the Year, 1974; Conservation Farmer of the Year, 1975; Cited by N.C, 
State University for Outstanding Service to the Tobacco Industry, 1982; Louisburg- 
Franklin County Chamber of Commerce Achievement Award, 1980; Louisburg 
College Medallion Award, 1983. 

Political Activities 

N.C. Senate, 1977-present. Member, N.C. House of Representatives, 1961-71 sessions 

Personal Information 

Married, Martha Matthews, November 29, 1947. Children: Claudia, Tommy anc 
James. Member, Baptist Church. 



COMMITTEE ASSIGNMENTS 

Chair: Transportation. 

Vice Chair: Agriculture, Marine Resources & Wildlife. 

Member: Appropriations Subcommittee on Department of Transportation; Childrei 
and Human Resources; Children and Human Resources Subcommittee oi 
Veteran and Military Affairs, and Senior Citizens; Educations 
Background/Higher Educational Background; Environment and Natura 
Resources; Judiciary II; Pensions and Retirement. 



The North Carolina Legislative Branch 



425 




Lura Self Tally 

(Democrat - Cumberland County) 

Twenty-fourth Senatorial District - 
Portions of Cumberland County. 

Early Years 

Born in Statesville, December 9, 1921, to 
R.O. and Sara Sherrill (Cowles) Self. 

Educational Background 

Raleigh Public Schools and Needham 
Broughton High School, 1938; Peace College; 
Duke University, A.B., 1942; NCSU School 
of Educational Background, 1970 M.A. 

Professional Background 

Teacher and guidance counselor, Fayetteville ^ 
City Schools; teacher, Adult Educational 
Background, Fayetteville Technical Institute. 

Orga n iza tions 

NEA; N.C. Association of Educators; N.C. Personnel and Guidance Association; 
American Association of University Women; Business and Professional Women's 
Club; N.C. Federation of Women's Club; N.C. Society for Preservation of Antiquities 
(former President); Fayetteville Women's Club (former President); President, 
Cumberland County Mental Health Association; Coordinator of Volunteers, 
' Cumberland County Mental Health Center; Kappa Delta. 

Boards and Commissions 

^Fayetteville Recreation Commission; NCSU Foundation Board; Fayetteville Technical 
Community College Board, 1983-93; Juvenile Code Revision Commission, 1977-79; 
Mental Health Study Commission, 1986-87. 

Political Activities 

jMember, N.C. Senate, 1983-Present; N.C. House of Representatives, 1973-82. 

Hon or sand A v/a rds 

Business and Professional Woman of the Year, Fayetteville, 1978; Distinguished 
Alumni N.C. State, 1988. Doctor of Humanities, Methodist College, Fayetteville 1989; 
Governor's Award as Legislator of the Year from The North Carolina Wildlife 
Federation, 1993. 



Personal Information 

hildren: Robert Taylor and John Cowles. Five grandsons. 
Methodist Church, Fayetteville. 



Member, Hay Street 



COMMITTEE ASSIGNMENTS 

hair: Environment and Natural Resources. 

i/ice Chair: Appropriations Subcommittee on Natural & Economic Resources. 
VIember: Agriculture, Marine Resources & Wildlife; Children and Human Resources; 

Children and Human Resources Subcommittee on Veteran and Military Affairs, 
and Senior Citizens; Judiciary I; Public Utilities. 



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North Carolina Manual 




Russell Grady Walker 

(Democrat - Randolph County) 

Sixteenth Senatorial District - Chatham, 

Moore, Orange, and portions of Lee and 

Randolph Counties. 

Early Years 

Born in Conetoe, August 26, 1918, to Ashley 
and Alleen (Bryant) Walker. 

Educational Background 

High Point High School; US Army Air Corps 
Pilot Training School. 

Professional Background 

JU Retired Super Market Operator; Former 
President, Food Line Super Markets, Inc. 

Organizations 

Member, Masonic Order, Balfour Lodge (Asheboro); Asheboro Kiwanis Club (Past 
President, Asheboro Club; Past Lt. Governor. Carolinas District); North Carolina 
Food Dealers Association (Past President). 

Boards and Commissions 

Mental Health Study Commission; Commission on Environmental Review (Co-Chair); 
Social Services Study Commission (Co-Chair). 

Political Activities 

Member, N.C. Senate, 1975-Present; Chair, N.C. Democratic Party, 1979-1983; 
Asheboro City Council, 1961-1965 (two terms); Member, Democratic National 
Committee. 

Military Service 

Served, U.S. Army Air Corps, 1941-46 (Pilot); U.S. Air Force Reserve, 1947-55 
(Captain). 

Honors and A wards 

Air Medal, 1945. 

Personal Information 

Married, Ruth Brunt Walker, July 13, 1941. Children: Russell G., Jr., Mrs. Susan 
Walker Smith, and Stephen Allen. Member, First Presbyterian Church, Asheboro. 

COMMITTEE ASSIGNMENTS 

Chair: Children and Human Resources. 

Vice Chair: Appropriations. 

Member: Appropriations Subcommittee on Human Resources; Banks and Thrift 
Institutions; Constitution and Election Laws; Pensions and Retirement; State 1 
Personnel and State Government; Transportation; GPAC Select. 



The North Carolina Legislative Branch 
Marvin Martin Ward 

(Democrat - Forsyth County) 

Twentieth Senatorial District - Portions 
of Forsyth County. 

Early Years 

Born in Morrison, Virginia, February 10, 
1914, to Charles Tilden and Nora Belle 
(Martin) Ward. 

Educational Background 

East Bend High School, 1930; Appalachian 
State University, 1934, B.A.; UNC-Chapel 
Hill, 1940, M.A. 

Professional Background 

Retired educator (former Superintendent of 
Winston-Salem/Forsyth County Schools). 

Organiza tions 

American Association of School Administrators; N.C. Division of Superintendents, 
Mid-Urban Superintendents (former President and Director); life member, PTA; life 
member, National Educational Background Association; Lions Club; Ardmore 
Community Club (former President); Winston-Salem Automobile Club (Director); 
Winston-Salem Chamber of Commerce. 




Boards and Commissions 



'Government Operations Committee; Mental Health Study Commission; Public School 
jForum of North Carolina; Educational Background Commission of the States 

Steering Committee; National Conference of State Legislators (Vice Chair, 
! Educational Background Committee); Southern Legislative Conference (Educational 

Background Committee). 

Political Activities 

Member, N.C. Senate, 1979-present. 

Honors and A wards 

Distinguished Service Award, Winston-Salem Lions Club, 1976; Valand Award, 1982 
(for outstanding service in the field of mental health); Outstanding Support of Public 
Educational Background Award, North Carolina Association of Educators, 1985; 
Legislative Award, North Carolina School Psychology Association, 1985; Outstanding 
Service Award, North Carolina Mental Health Association, 1986; Distinguished 
Alumni Award, Appalachian State University, 1986; Bell Award, Forsyth County 
Mental Health Association, 1987; For Outstanding Leadership and Contributions to 
Educational Background Award, Southeastern Council of Elementary School 
Principals, 1988-89; Leadership Award — Outstanding Senator for Mental Health 
Services in North Carolina, North Carolina Council of Mental Health, Mental 

Retardation, and Substance Abuse Programs, 1989; 'The Educator" Award, Winston- 
Salem Chapter of A. Philip Randolph Institute, 1989; Outstanding Legislator Award, 

^orth Carolina Alliance for the Mentally 111, 1989. 



428 North Carolina Manual 

Personal Information 

Married, Mary June Darden, August 23, 1941. Children: Elizabeth (Ward) Cone and 
Marvin Thomas. Member, Methodist Cetenary Church, Winston-Salem; 
Administrative Board; Budget and Finance Committee; Sunday School teacher; 
Chair, Staff Parish Committee, 1974-77; Sunday School Superintendent, 1958-61. 

COMMITTEE ASSIGNMENTS 

Chair: Appropriations Subcommittee on Educational Background. 

Vice-Chair: Environment and Natural Resources. 

Member: Agriculture, Marine Resources & Wildlife; Capital Expenditures; Children 
and Human Resources; Educational Background/Higher Educational: 
Background; Pensions and Retirement; Rules and Operation of the Senate; Ways 
& Means. 



The North Carolina Legislative Branch 



429 




Ed Nelson Warren 

(Democrat - Pitt County) 

Ninth Senatorial District - Portions of 

Beaufort, Lenoir, Martin and Pitt 

Counties. 

Early Years 

Born in Stokes, Pitt County, November 29, 
1926, to Elmer Edward and Daisy (Cox) 
Warren. 

Educational Background 

Campbell University, A. A.; Atlantic 
Christian College, A.B.; East Carolina 
University, M.A.; Duke University, doctoral 
program. 

Professional Background 

Investor, Farmer, Real Estate. 

Organizations 

Greenville Rotary Club (Paul Harris Fellow); Trustee, Salvation Army; Pitt County 
Heart Association (Former Chair); Board of Directors, Greenville Chamber of 
Commerce; United Fund Board, Greenville Golf and Country Club, (Former 
President). 

Boards and Commissions 

Former Chair, Board of Trustees, Pitt County Memorial Hospital; Former Chair, Pitt 
County Health Board; Pitt County Airport Authority; Board of Directors, BB&T 
Bank; Past President, United Fund. 

Political Activities 

jMember, N.C. House of Representatives, 1981-1990 (five terms); Former Chair, Pitt 
County Board of County Commissioners; N.C. Senate 1991-present. 

Military Service 

United States Air Force. 

Honors and A wards 

Pitt County Citizen of the Year Award, 1987. 

Personal Information 

Married, Joan Braswell. Member, First Christian Church; Former Deacon; Finance 
ommittee. 

COMMITTEE ASSIGNMENTS 

hair: Banks and Thrift Institutions. 

^ice-Chair: Appropriations Subcommittee on Educational Background; Educational 

Background/Higher Educational Background. 
Member: Agriculture, Marine Resources & Wildlife; Pensions and Retirement; Public 

Utilities; Transportation; Ways & Means. 



430 



North Carolina Manual 




Dennis Jay Winner 

(Democrat - Buncombe County) 

Twenty-eighth Senatorial District - 

McDowell, Madison, Yancey and portions of 

Buncombe and Burke Counties. 

Early Years 

Born in Canton, Buncombe County, March 
29, 1942, to Harry and Julienne (Marder) 
Winner. 

Ed ucational Ba ckgro und 

Lee H. Edwards High School, 1960; UNC- 
Chapel Hill, 1963, A.B.; UNC-Chapel Hill, 
School of Law, 1966, J.D. with honors. 

Professional Background 

Attorney at Law, Dennis J. Winner, P.A. 

Boards and Commissions 

Board of Directors: Asheville Chamber Music Association; UNC Law Alumni 
Association, 1982-present; UNC Board of Visitors, 1976-present; Asheville Art 
Museum. Former Member: N.C. Judicial Council, 1973-74, N.C. Courts Commission, 
President, Buncombe County Bar Association, 1982. 

Political Activities 

Member, N.C. Senate, 1983-Present; Superior Court Judge, 1972-1975; District Court 
Judge, 1970-1972; President, Buncombe County Young Democrats Club, 1968. 

Military Service 

Served, N.C. Air National Guard, 1966-1972 (Sergeant). 

Personal Information 

Member, Congregation Beth Ha Tephila, Asheville. 

COMMITTEE ASSIGNMENTS 

Chair: Finance. 

Vice Chair: Ways & Means. 

Member: Banks and Thrift Institutions; Capital Expenditures; Constitution and 
Election Laws; Judiciary I; Local Government and Regional Affairs; Pensions and 
Retirement; Rules and Operation of the Senate; GPAC Select. 



The North Carolina Legislative Branch 



431 



Leslie Jane Winner 



i' 


1 












m ** v 




L 


"i 



(Democrat - Mecklenburg County) 

Fortieth Senatorial District - Portions of 
Mecklenburg County. 

Early Years 

Born in Asheville, Buncombe County, 
October 24, 1950, to Harry Winner and 
Julienne Marder Winner. 

Educational Background 

Lee H. Edwards High School, 1968; Brown 
! University, Providence RI, A.B., 1972; 
; Northeastern University School of Law, 

J.D., 1976. 

Professional Background 

Attorney at Law. 

Organiza tions 

 Mecklenburg County Bar (Secretary-Treasurer, 1990-92); N.C. Association of Women 
Attorney's, President, 1982-83; N.C. Bar Association; N.C. Academy of Trial Lawyers; 

; 4th Circuit Judicial Conference, Permanent member; Rules Advisory Committee, 
1988-present; National Conference of Christians & Jews, Director, 1992-present; 
Children's Law Center, Director, 1992-present; Elizabeth Community Association, 
Past President; Volunteer Tutor, Devonshire Elementary; Volunteer Mediator, 

; Charlotte Community Relations Committee; Adult Educator Committee; Social 

I Action Committee. 

Political Activities 

I Member, N.C. Senate, 1993-present; Women's Political Caucus; Democratic Women's 
Club; State Democrat Party Executive Committee, 1981-87. 

Personal Information 

Married, Kenneth Schorr, December 20, 1987. Children: Lillian liana Schorr. 
Temple Israel; Board of Directors, 1988-89. 



COMMITTEE ASSIGNMENTS 

Ice Chair: Judiciary II. 

[ember: Appropriations Subcommittee on Educational Background; Children and 
Human Resources; Constitution and Election Laws; Educational 
Background/Higher Educational Background; Environment and Natural 
Resources; Manufacturing and Labor. 



432 



North Carolina Manual 




Sylvia Morris Fink 

Principal Clerk 

Early Years 

Born in Charlotte, August 8, 1936, to 
Warren Reid (deceased) and Effie (Howard) 
Morris. 

Ed ucational Ba ckgro und 

Mount Holly High School, 1954; Pfeiffer 
College, 1955-56. 

Professional Background 

Principal Clerk, N.C. Senate, 1976-present 
(first woman); Senate staff, 1967, 1973-76; 
Deputy Clerk, N.C. Court of Appeals, 1967- 
68. Formerly employed by Duke Power 
Company, Cannon Mills Company and Charlotte Chamber of Commerce. 

Organizations 

American Society of Legislative Clerks and Secretaries; Wake Democratic Women. 

Political Activities 

Elected Principal Clerk, N.C. Senate, 1976 to present, Journal Clerk, N.C. Senate, 
1975-76; Assistant Journal Clerk, N.C. Senate, 1973-74; Committee Clerk, N.C. 
Senate, 1967. 

Personal Information 

Child: Paige Elizabeth. Member, Benson Memorial United Methodist Church; life 
member (two churches) Women's Society of Christian Service (former President and 
Vice President). Former MYF counselor, Sunday School teacher, organist, choir 
member. 



The North Carolina Legislative Branch 



433 



Cecil R. Coins 




Sergeant-at-Arms 

Early Years 

Born in Southern Pines, Moore County in 
1926, to T. R. Goins and Marie Barrett 
Goins. 

Educational Background 

West Southern Pines High, 1944; A & T 
State University, B.S., Business 
Administration, 1950. 

Professional Background 

Sergeant-at-Arms for the North Carolina 
Senate; Private Investigator, Alpha 
Investigative Services, owner, 1988-93. 

Orga n iza tion s 

Member, National Legislative Services and Security Association; U.S. Marshals 
Service, retired after 25 years. Positions held: Deputy U.S. Marshall, Inspector and 
Criminal Investigator; Alpha Phi Alpha Fraternity, Life Member; Sigma Pi Phi 
Fraternity, Boule'. 

Boards and Commissions 

Raleigh Civil Service Commission; N.C. Private Protective Service Board; 
Meadowbrook Country Club, Board of Directors. 

Political Activities 

I Chair, Precinct #20, Raleigh; Political Action Committee, RWCA. 

Military Service 

\ Army, Infantry, 1st Infantry. Division, Major, 1945-47, Enlisted, Far East and Japan, 
1951-54, Command., European & Germany; Reserves, 1954-68. 

Personal Information 

Married, LaVerne C. Goins, August 29, 1951. Children: Wanda Goins Brockington 
and Carol L. Goins. Member, First Baptist Church. 



434 



North Carolina Manual 




ichael Wade Morris 

Chaplain, N. C. Senate 



Early Years 

Born in High Point, Guilford County, April ; 
23, 1948, to Albert Wade Morris and Evelyn 
Faye (Burrows) Morris. 

Educational Background 

Wade Hampton, Greenville, SC; Gardner 
Webb College, B.A., Religion; Southeastern 
Baptist Theological Seminary, Masters of I 
Divinity. 

Professional Background 

Associate Pastor, First Baptist Church, j 
Raleigh. 

Organizations 

Kiwanis Club of High Point; Board, High Point Salvation Army; Habitat for 
Humanity; Coach, Boys Basketball, YMCA, High Point; Volunteer of Overflow 
Shelter for Homeless in Raleigh. I 



Chaplain, N.C. Senate. 



Political Activities 



Personal Information 



Married, Noel (LeGette) Morris of New Bern, January of 1992. Children: Elizabeth 
Traci Morris. First Baptist Church, Raleigh. 



The North Carolina Legislative Branch 435 



Senate Representatives 

Committee Assignments 1993 



AGRICULTURE, MARINE RESOURCES, AND WILDLIFE 

Albertson, Chair 
Kincaid and Speed, Vice-Chairs; Simpson, Ranking Minority; Marshall, 
Perdue, Plyler, Sands, Shaw, Soles, Tally, Ward and Warren. 

APPROPRIATIONS 

Daniel and Plyler, Chairs 
Kaplan, Kincaid (Ranking Minority), Wm. Martin, Perdue and Walker, Vice 
Chairs; Albertson, Ballance, Blackmon, Carpenter, Cochrane, Codington, 
Conder, Edwards, Folger, Forrester, Gulley, Gunter, Harris, Hoyle, Hyde, 
Jordan, Lee, Marshall, R. L. Martin, Odom, Plexico, Richardson, Sherron, 
Simpson, Smith, Speed, Tally, Ward, Warren and L. Winner. 

i DEPARTMENT OF TRANSPORTATION 

Lee, Chair 
Kaplan, Vice Chair; Carpenter, Ranking Minority; Albertson, Sherron and 
Speed. 

APPROPRIATIONS - EDUCATIONAL BACKGROUND 

Ward, Chair 
IWarren, Vice Chair; Smith, Ranking Minority; Edwards, Perdue, Simpson 
,and L. Winner. 

APPROPRIATIONS - GENERAL GOVERNMENT 

Plexico, Chair 
Wm. Martin, Vice Chair; Codington, Ranking Minority; Conder and Gunter. 

APPROPRIATIONS - HUMAN RESOURCES 

Richardson, Chair 
iarris, Vice Chair; Forrester, Ranking Minority; Gulley, Hyde and Walker. 

APPROPRIATIONS - JUSTICE AND PUBLIC SAFETY 

Odom, Chair 
Sallance, Vice Chair; Blackmon, Ranking Minority; Folger and Marshall. 






436 North Carolina Manual 

APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES 

R. L. Martin, Chair 
Cochrane (Ranking Minority) and Tally, Vice Chairs; Hoyle, Jordan and 
Kincaid. 

BANKS AND THRIFT INSTITUTIONS 

Warren, Chair 
Jordan and Marshall, Vice Chair; Kincaid, Ranking Minority; Ballance, 
Carpenter, Cochrane, Edwards, Harris, Hartsell, Hoyle, Johnson, Kaplan, 
Lucas, Perdue, Richardson, Seymour, Soles, Walker and D. Winner. 

CAPITAL EXPENDITURES AND IMPROVEMENTS 

Kaplan, Chair 
Sherron, Vice Chair; Simpson, Ranking Minority; Daniel, Kincaid, Lee, 
Lucas, R. Martin, W. Martin, Odom ; Plexico, Plyler, Richardson, Shaw, 
Smith, Ward and D. Winner. 

i 

CHILDREN AND HUMAN RESOURCES 

Walker, Chair 
Albertson and Harris, Vice Chairs; Forrester, Ranking Minority; Allran, 
Cochrane, Codington, Cooper, Daniel, W. Martin, Perdue, Plexico, 
Richardson, Speed, Tally, Ward and L. Winner. 

SUBCOMMITTEE ON VETERAN AND MILITARY AFFAIRS AND 

SENIOR CITIZENS 

Harris, Chair 
Cochrane, Daniel, Speed and Talley. 

CONSTITUTION AND ELECTIONS LAWS 

Hyde, Chair 
Folger, Vice Chair; Smith, Ranking Minority; Allran, Ballance, Cooper, 
Daniel, Gunter, Hartsell, Kaplan, Lee, Plexico, Sands, Walker, L. Winner 
and D. Winner. 

ECONOMIC DEVELOPMENT/TRAVEL AND TOURISM 

Edwards, Chair 
Ballance and Seymour, Vice Chairs; Carpenter, Ranking Minority; Allran, 
Blackmon, Cooper, Hoyle, Hyde, Jordan, Kerr, W. Martin, Plyler, Richardson 
and Soles. 



The North Carolina Legislative Branch 437 

EDUCATIONAL BACKGROUND/HIGHER EDUCATIONAL 

BACKGROUND 

Perdue, Chair 
Gunter, Lee, Smith and Warren, Vice Chairs; Cochrane, Ranking Minority; 
Conder, Cooper, Edwards, Forrester, Gulley, Hartsell, Hoyle, Hyde, Lucas, 
Marshall, Sands, Speed, Ward and L. Winner. 

ENVIRONMENT AND NATURAL RESOURCES 

Perdue, Chair 
Cochrane, Kerr and Ward, Vice Chairs; Blackmon, Ranking Minority; 
Cooper, Gulley, Gunter, Odom, Plexico, Sands, Simpson, Speed and L. 
Winner. 

FINANCE 

D. Winner, Chairs 
Conder, Kaplan and Sherron, Vice Chairs; Allran, Ranking Minority; Cooper, 
Hartsell, Johnson, Kerr, Lucas, Parnell, Sands, Seymour, Shaw and Soles. 

INSURANCE 

Parnell, Chair 
Hyde, Johnson and Smith, Vice Chairs; Kincaid, Ranking Minority; Ballance, 
Codington, Harris, Kerr, Lee, Wm. Martin, Odom, Sands, Seymour and 
Soles. 

JUDICIARY I 

Ballance, Chair 
Folger, Kerr and Sands, Vice Chairs; Hartsell, Ranking Minority; Blackmon, 
Codington, Daniel, Lee, Marshall, Parnell, Richardson, Tally, and D. Winner. 

JUDICIARY II 

Cooper, Chair 
Odom, Soles and L. Winner, Vice Chairs; Allran, Ranking Minority; 
Carpenter, Gulley, Harris, Hyde, Johnson, Wm. Martin, Plexico, Simpson 
and Speed. 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS 

Folger, Chair 
Gulley, Vice Chair; Hartsell, Ranking Minority; Albertson, Blackmon, 
allance, Edwards, Gunter, Lee, Marshall, Shaw and D. Winner. 



438 North Carolina Manual 

MANUFACTURING AND LABOR 

Kerr, Chair 
Allaran, Cooper and Plexico, Vice Chairs; Kincaid, Ranking Minority; 
Albertson, Ballance, Edwards, Gulley, Hartsell, Hoyle, Hyde, Richardson, 
Seymour and L. Winner. 

PENSIONS AND RETIREMENT 

Harris, Chair 
Edwards, Vice Chair; Carpenter, Ranking Minority; Conder, Daniel, 
Forrester, Johnson, Kaplan, Lucas, Plyler, Sherron, Smith, Simpson, Soles, 
Speed, Walker, Ward, Warren and D. Winner. 

PUBLIC UTILITIES 

Seymour, Chair 
Kerr and Parnell, Vice Chairs; Cochrane, Ranking Minority; Carpenter, 
Forrester, Gulley, Harris, Hoyle, Johnson, Jordan, Lucas, R. Martin, Perdue, 
Smith, Soles, Talley and Warren. 

RULES AND OPERATION OF THE SENATE 

Sands, Chair 
Ballance and Conder, Vice Chairs; Hartsell, Ranking Minority; Blackmon, 
Carpenter, Cooper, Daniel, Harris, R. Martin, Odom, Parnell, Perdue, Plyler, 
Seymour, Simpson, Soles, Ward and D. Winner. 

STATE PERSONNEL AND STATE GOVERNMENT 

Johnson, Chair 
R. L. Martin, Vice-Chair; Simpson, Ranking Minority; Allran, Cochrane, 
Daniel, Folger, Jordan, Kerr, W. Martin, Parnell, Plyler, Seymour, Sherron 
and Walker. 

TRANSPORTATION ! 

Speed, Chair 
Hoyle and Perdue, Vice Chairs; Smith, Ranking Minority; Allran, Blackmon, 
Carpenter, Conder, Folger, Gulley, Gunter, Jordan, Lee, Lucas, Odom, ' 
Parnell, Seymour, Sherron, Walker and Warren. 

WAYS AND MEANS 

Sherron, Chair 
Plyler and D. Winner, Vice Chairs; Allran, Ranking Minority; Codington, 
Conder, Daniel, Forrester, Harris, Kaplan, Lee, Lucas, R. Martin, Odom, 
Plexico, Sands, Shaw, Soles, Ward and Warren. 



The North Carolina Legislative Branch 439 

BONDS SELECT 

L. Winner, Chair 
Edwards, Forrester, Hoyle, Kerr, Lee, Lucas, Perdue, Sherron, Simpson, 
Ward, Warren and D. Winner. 

GPAC SELECT 

Wm. Martin, Chair 
Daniel, Sands and Sherron, Vice Chairs; Blackmon, Ranking Minority; 
Cochrane, Conder, Forrester, Hoyle, Lee, Lucas, Marshall, Perdue, Plyler, 
! Shaw, Soles, Walker and D. Winner. 



440 North Carolina Manual 

1993 NORTH CAROLINA HOUSE OF 
REPRESENTATIVES 

Officers 

Speaker Daniel Terry Blue, Jr. 

Speaker Pro Tempore Marie Watters Colton 

Majority Leader Milton F. Fitch, Jr. 

Minority Leader David Balmer 

Majority Whip Jim Black 

Minority Whip Robert Grady 

Principal Clerk Denise Weeks 

Reading Clerk Lisa Smith 

Sergeant-at-Arms Oscar Tyson 

Representatives 

Name District County Address 

Alexander, Martha B 56th Mecklenburg Charlotte 

Alphin, Vance 10th Duplin Mt. Olive 

Arnold, Gene G. (R) 72nd Nash Rocky Mount 

Baddour, Philip A., Jr 11th Wayne Goldsboro 

Balmer, David G. (R) 55th Mecklenburg Charlotte 

Barbee, Bobby H., Sr., (R) 82nd Stanly Locust 

Barnes, Anne C 24th Orange Chapel Hill 

Barnhill, Howard C 60th Mecklenburg Charlotte 

Beall, Charles M 52nd Haywood Clyde 

Berry, Cherie Killian (R) 45th Catawba Maiden 

Black, James B 36th Mecklenburg Matthews 

Blue, Daniel T., Jr 21st Wake Raleigh 

Bowen, Edward C 12th Sampson Harrells 

Bowie, Joanne W. (R) 29th Guilford Greensboro 

Bowman, J. Fred 25th Alamance Burlington 

Braswell, Jerry 97th Wayne Goldsboro 

Brawley, C. Robert, Jr. (R) 43rd Iredell Mooresville 

Brown, Dock M 7th Halifax Weldon 

Brown, John W. (R) 41st Wilkes Elkins 

Brubaker, Harold J. (R) 38th Randolph Asheboro 

Burton, William A., Ill 28th Guilford Greensboro 

Church, Walter G., Sr 47th Burke Valdese 

Cole, E. Nelson 25th Rockingham Reidsville 

Colton, Marie W 51st Buncombe Asheville 

Crawford, Narvel J., Jr 51st Buncombe Asheville! 

Creech, Billy J. (R) 20th Johnston Wilson's Mills 



The North Carolina Legislative Branch 441 

Name District County Address 

Cromer, Anderson 40th Stokes King 

Culp, Arlie F. (R) 30th Randolph Ramseur 

Culpepper, William T., Ill 86th Chowan Edenton 

Cummings, Frances M 87th Robeson Lumberton 

Cunningham, W. Pete 59th Mecklenburg Charlotte 

Daughtry, Namon Leo (R) 95th Johnston Smithfield 

Decker, Michael P. (R) 84th Forsyth Walkertown 

DeVane, Daniel H 16th Hoke Raeford 

Diamont, David H 40th Surry Pilot Mountain 

Dickson, W.W. (R) 76th Gaston Gastonia 

Dockham, Jerry C. (R) 94th Davidson Denton 

Easterling, Ruth M 58th Mecklenburg Charlotte 

Edwards, Zeno L., Jr. (R) 2nd Beaufort Washington 

Ellis, James Samuel (R) 15th Wake Garner 

Esposito, Theresa H. (R) 88th Forsyth Winston-Salem 

Fitch, Milton F., Jr 70th Wilson Wilson 

Flaherty, David T., Jr. (R) 46th Caldwell Lenoir 

Fussell, Aaron E 65th Wake Raleigh 

Gamble, John Reeves, Jr 44th Lincoln Lincolnton 

Gardner, Charlotte A. (R) 35th Rowan Salisbury 

Gist, Herman C 26th Guilford Greensboro 

I Gottovi, Karen Eckberg 13th New Hanover Wilmington 

Grady, Robert (R) 80th Onslow Jacksonville 

Gray, Lyons (R) 39th Forsyth Winston-Salem 

, Green, James P., Sr 78th Vance Henderson 

; Griffin, Bobby H 34th Union Monroe 

: Hackney, Joe 24th Orange Chapel Hill 

j Hall, Bobby Ray 19th Lee Sanford 

| Hayes, Robert C. (R) 90th Cabarrus Concord 

( Hensley, Robert J., Jr 64th Wake Raleigh 

iHightower, Foyle 33rd Anson Wadesboro 

iHill, Dewey L 14th Columbus Whiteville 

Holmes, George M. (R) 41st Yadkin Hamptonville 

Holt, Bertha M 25th Alamance Burlington 

Howard, Julia C. (R) 74th Davie Mocksville 

Hunt, John Jackson 48th Cleveland Shelby 

Hunter, Howard J., Jr 5th Northampton Murfreesboro 

Hunter, Robert Carl 49th McDowell Marion 

J.ves, William M. (R) 68th Transylvania Brevard 

James, Vernon G 1st Pasquotank Elizabeth City 

"arrell, Mary Long 89th Guilford High Point 

effus, Margaret Moore 89th Guilford Greensboro 

enkins, Thomas K 53rd Macon Franklin 

Joye, Billy W., Jr 93rd Gaston Belmont 

Justus, Larry T. (R) 50th Henderson Hendersonville 

Kennedy, Annie Brown 66th Forsyth Winston-Salem 

Finney, Theodore 17th Cumberland Fayetteville 



442 North Carolina Manual 

Name District County Address 

Kuczmarski, Erin J 92nd Wake Raleigh 

Lee, Hugh A 32nd Richmond Rockingham 

Lemmond, Joseph S. (R) 69th Mecklenburg Matthews 

Luebke, Paul 23rd Durham Durham 

Lutz, Edith L 48th Cleveland Lawndale 

Mavretic, Josephus L 71st Edgecombe Tarboro 

McAllister, Mary E 17th Cumberland Fayetteville 

McCombs, W. Eugene (R) 83rd Rowan Faith 

McCrary, Paul R 37th Davidson Lexington 

McLaughlin, John B 54th Mecklenburg Newell 

McLawhorn, Charles 9th Pitt Winterville 

Mercer, Linwood E 8th Pitt Farmville 

Michaux, Henry M., Jr 23rd Durham Durham 

Miller, Bradley 61st Wake Raleigh 

Miller, George W. Jr 23rd Durham Durham 

Miner, David (R) 62nd Wake Cary 

Mitchell, W. Franklin (R) 42nd Iredell Olin 

Moore, Richard H 22nd Vance Henderson 

Morgan, Richard T. (R) 31st Moore Pinehurst 

Mosley, Jane H 63rd Wake Cary 

Nesbitt, Martin L, Jr 51st Buncombe Asheville 

Nichols, John M. (R) 3rd Craven New Bern 

Nye, Edd 96th Bladen Elizabethtown 

Oldham, Warren Claude 67th Forsyth Winston-Salem 

Preston, Charles R. (R) 45th Catawba Conover 

Preston, Jean Rouse (R) 4th Carteret Emerald Isle 

Ramsey, Liston B 52nd Madison Marshall 

Redwine, E. David 14th Brunswick Shallotte 

Richardson, William O 18th Cumberland Fayetteville 

Robinson, George S. (R) 91st Caldwell Lenoir 

Rogers, Richard Eugene 6th Martin Williamston 

Russell, Carolyn B. (R) 77th Wayne Goldsboro 

Sexton, Paul (R) 73rd Rockingham Stoneville 

Smith, Ronald L 4th Carteret Atlantic Beach 

Spears, Kenneth Owen, Jr 18th Cumberland Fayetteville 

Stewart Clarence P 19th Harnett Sanford 

Sutton, Ronnie N 85th Robeson Pembroke 

Tallent, Timothy N. (R) 81st Cabarrus Concord 

Thompson, Gregory J. (R) 46th Mitchell Spruce Pine 

Wainwright, William L 79th Craven Havelock 

Warner, Edward Alexander 75th Cumberland Hope Mills 

Weatherly, John Hugh (R) 48th Cleveland Kings Mountain 

Wilkins, Michael S 22nd Person Roxboro 

Wilmoth, Wade Franklin 40th Watauga Boone 

Wilson, Constance K. (R) 57th Mecklenburg Charlotte 

Wood, Stephen W. (R) 27th ....Guilford High Point 

Wright, Thomas E 98th New Hanover Wilmington 



The North Carolina Legislative Branch 443 

Speakers of the Homse of Burgesses 
Lower House of the Colonial Assembly 

Assembly Representative County 

1666 George Catchmaid Albemarle 

1672 Valentine Bird [Pasquotank] 

1673 Valentine Bird [Pasquotank] 

1675 Thomas Eastchurch 

1677 Thomas Cullen [Chowan] 

1679 George Durant [Currituck] 

1689 John Nixon [Chowan] 

1697-98 John Porter [Bath] 

] [1703] William Wilkison [Chowan] 

1707 Thomas Boyd 

> 1708 Edward Mosely [Chowan] 

i 1709 Richard Sanderson [Currituck] 

1711 William Swann [Currituck] 

1711-12 Thomas Snoden [Perquimans] 

1715-16 Edward Moseley [Chowan] 

 1720 [Edward Moseley] [Chowan] 

1722 Edward Moseley [Chowan] 

1723 Edward Moseley [Chowan] 

' 1725-26 Maurice Moore [Perquimans] 

John Baptista Ashe Beaufort 

i 1727 [John Baptista Ashe] [Beaufort] 

i 1729 Thomas Swann [Pasquotank] 

j 1731 Edward Moseley Chowan 

1733 Edward Moseley Chowan 

1734 Edward Moseley Chowan 

1735 William Downing Tyrrell 

1736-37 William Downing Tyrrell 

1738-39 William Downing Tyrrell 

1739-40 John Hodgson Chowan 

1741 John Hodgson Chowan 

1742-1744 Samuel Swann Onslow 

1744-45 Samuel Swann Onslow 

1746 Samuel Swann Onslow 

1746-52 Samuel Swann Onslow 

1753-54 Samuel Swann Onslow 

1754-60 John Campbell Bertie 

Samuel Swann Onslow 

1760 Samuel Swann Onslow 

1761 Samuel Swann Onslow 

1762 Samuel Swann Onslow 

John Ashe New Hanover 

1764-65 John Ashe New Hanover 

1766-68 John Harvey Perquimans 

1769 John Harvey Perquimans 

1770-71 Richard Caswell Craven 

1773 John Harvey Perquimans 



444 North Carolina Manual 

Assembly Representative County 

1773-74 John Harvey Perquimans 

1775 John Harvey Perquimans 

House of Corninons 



Assembly Representative County 

1777 AbnerNash Craven 

1778 John Williams Granville 

Thomas Benbury Chowan 

1779 Thomas Benbury Chowan 

1780 Thomas Benbury Chowan 

1781 Thomas Benbury Chowan 

1782 Thomas Benbury Chowan 

1783 Edward Starkey Onslow 

1784 (April) Thomas Benbury Chowan 

1784 (October) William Blount Craven 

1785 Richard Dobbs Spaight Craven 

1786-87 John B.Ashe Halifax 

1787 John Sitgreaves Craven 

1788 John Sitgreaves Craven 

1789 Stephen Cabarrus Chowan 

1790 Stephen Cabarrus Chowan 

1791-92 Stephen Cabarrus Chowan 

1792-93 Stephen Cabarrus Chowan 

1793-94 John Leigh Edgecombe 

1794-95 Timothy Bloodworth New Hanover 

1795 John Leigh Edgecombe 

1796 John Leigh Edgecombe 

1797 Musendine Matthews Iredell 

1798 Musendine Matthews Iredell 

1799 Musendine Matthews Iredell 

1800 Stephen Cabarrus Chowan 

1801 Stephen Cabarrus Chowan 

1802 Stephen Cabarrus Chowan 

1803 Stephen Cabarrus Chowan 

1804 Stephen Cabarrus Chowan 

1805 Stephen Cabarrus Chowan 

1806 John Moore Lincoln 

1807 Joshua Grainger Wright New Hanover 

1808 Joshua Grainger Wright New Hanover 

William Gaston Craven 

1809 Thomas Davis Cumberland 

1810 William Hawkins Granville 

1811 William Hawkins Granville 

1812 William Miller Warren 

1813 William Miller Warren 

1814 William Miller Warren 

1815 John Craig Orange. 

1816 Thomas Ruffins Orange 

James Iredell Chowan  

1817 James Iredell, Jr Chowan 



The North Carolina Legislative Branch 445 

Assembly Representative County 

1818 James Iredell, Jr Chowan 

1819 Romulus M. Saunders Caswell 

1820 Romulus M. Saunders Caswell 

1821 James Mebane Orange 

1822 John D. Jones New Hanover 

1823-24 Alfred Moore Brunswick 

1824-25 Alfred Moore Brunswick 

1825-26 John Stanly Craven 

1826-27 John Stanly Craven 

1827-28 James Iredell, Jr Chowan 

1828-29 Thomas Settle Rockingham 

1829-30 William J. Alexander Mecklenburg 

1830-31 Charles Fisher Rowan 

1831-32 Charles Fisher Rowan 

1832-33 Louis D. Henry Cumberland 

1833-34 William J. Alexander Mecklenburg 

1834-35 William J. Alexander Mecklenburg 

1835 William D. Haywood, Jr Wake 

1836-37 William H. Haywood, Jr Wake 

1838-39 William A. Graham Orange 

1840-41 William A. Graham Orange 

Robert B. Gilliam Granville 

1842-43 Clavin Graves Caswell 

1844-45 Edward Stanly Beauford 

1846-47 Edward Stanly Beauford 

Robert B. Gilliam Granville 

1848-49 Robert B. Gilliam Granville 

1850-51 James C. Dobbs Cumberland 

1852 John Baxter Henderson 

1854-55 Samuel P. Hill Caswell 

1856-57 Jesse G. Shepherd Cumberland 

1858-59 Thomas Settle, Jr Rockingham 

1860-61 William T. Dortch Wayne 

Nathan N. Fleming Rowan 

1862-64 Robert B. Gilliam Granville 

Richard S. Donnell Beaufort 

Marmaduke S. Robbins Randolph 

1864-65 Richard S. Donnel Beaufort 

1865-66 Samuel F. Phillips Orange 

1866-67 Rufus Y. McAden Alamance 



House of Representatives 

Assembly Representative County 

L868 Joseph W. Holden Wake 

1869-70 Joseph W. Holden Wake 

L870 Thomas J. Jarvis Tyrrell 

-872 James L. Robinson Macon 

.874-75 James L. Robinson Macon 

876-77 Charles Price Davie 



446 North Carolina Manual 

Assembly Representative County 

1879 JohnM. Moring Chatham 

1881 Charles M. Cooke Franklin | 

1883 George M. Rose Cumberland 

1885 Thomas M. Holt Alamance j 

1887 John R. Webster Rockingham 

1889 Augustus Leazar Iredell 

1891 Rufus A. Doughton Alleghany 

1893 Lee S. Overman Rowan ; 

1895 ZebV. Walser Davidson 

1897 A. F. Hileman Cabarrus 

1899-1900 Henry G. Connor Wilson I 

1901 Walter E. Moore Jackson 

1903 S. M. Gattis Orange; 

1905 OwenH. Guion Craven 

1907 E.J. Justice Guilford 

1909 A. W. Graham Granville 

1911 W. C. Dowd Mecklenburg 

1913 George Connor Wilson 

1915 Emmett R. Wooten Lenoir 

1917 Walter Murphy Rowan 1 

1919 Dennis G. Brummitt Granville i 

1921 Harry P. Grier Iredell 

1923-24 JohnG. Dawson Lenoir 

1925 Edgar W. Pharr Mecklenburg 

1927 Richard T. Fountain Edgecombe 

1929 A. H. Graham Orange 

1931 Willis Smith Wake 

1933 R.L.Harris Person 

1935-36 Robert Johnson Pender 

1937 R. Gregg Cherry Gaston 

1939 D.L.Ward Craven 

1941 0. M. Mull Cleveland 

1943 John Kerr, Jr Warren 

1945 Oscar L. Richardson Union 

1947 Thomas J. Pearsall Nash 

1949 Kerr Craig Ramsay Rowan 

1951 W. Frank Taylor Wayne 

1953 Eugene T. Bost, Jr Cabarrus 

1955-56 Larry I. Moore, Jr Wilson 

1957 James K. Doughton Alleghany 

1959 Addison Hewlett New Hanover 1 

1961 Joseph M. Hunt, Jr Guilford 

1963 H. Clifton Blue Moore 

1965-66 H. Patrick Taylor, Jr Anson 

1967 David M.Britt Robeson 

1969 Earl W. Vaughn Rockingham 

1971 Philip P. Godwin Gates 

1973-74 James E. Ramsey Person 

1975-76 James C. Green Blader 

1977-78 Carl J. Stewart, Jr Gastor 

1979-80 Carl J. Stewart, Jr Gastor 

1981-82 ListonB. Ramsey Madisor 



The North Carolina Legislative Branch 447 

Assembly Representative County 

1983-84 ListonB. Ramsey Madison 

1985-86 ListonB. Ramsey Madison 

1987-88 ListonB. Ramsey Madison 

1989-90 Josephus L. Mavretic Edgecombe 

1991-Present Daniel T. Blue, Jr Wake 



! 



448 



North Carolina Manual 




The North Carolina Legislative Branch 449 



Daniel Terry Blue, In 



Speaker of the House 

(Democrat - Wake County) 
Twenty-first Representative District - Wake County. 

Early Years 

Born in Lumberton, Robeson County, April 18, 1949, to Daniel Terry and Allene 
(Morris) Blue, Sr. 

Educational Background 

Oak Ridge High School, 1966; NCCU, 1970, B.S. (Mathematics); Duke University, 
School of Law, 1973, J.D.; certificate, National Institute for Trial Advocacy, 1977. 

Professional Background 

Attorney (managing partner, firm of Thigpen, Blue, Stephens & Fellers, 1976-present; 
associate, firm of Sanford, Adams, McCullough & Beard, 1973-76); faculty, National 
Institute for Trial Advocacy, 1983. 

Orga n iza tions 

American, N.C. and Wake County (former member, Executive Committee) Bar 
Associations; American Associations of Trial Lawyers; Board of Governors, N.C. 
Academy of Trial Lawyers; N.C. Association of Black Lawyers; Duke Law Alumni 
Council; Raleigh-Wake Citizens Association; Kiwanis; Alpha Phi Alpha; former 
President, Triangle Chapter, American Red Cross. 

Boards and Commissions 

East Raleigh Citizens Advisory Council; Director, East Central Community Legal 
Services,(past President); Wake County Council on Aging; Director, N.C. Center for 
Public Policy Research; N.C. Courts Commission; N.C. Criminal Code Commission; 
Board of Visitors, Duke University Law School; Director, NCNB Community 
Development Corporation; Z. Smith Reynolds Foundation (Advisory Board). 

Political Activities 

Member, N.C. House of Representatives, 1981-82, 1983-84, 1985-86, 1987-88, 1989- 
90; elected House Speaker January, 1991, 1993-present; Wake YDC; N.C. Democratic 
Black Leadership Caucus; Chair, N.C. Legislative Black Caucus, 1984-; former mem- 
ber, State Democratic Executive Committee; former Committeeman, Raleigh Precinct 
39; former Chair, Raleigh Precinct 28; permanent Chair, Wake County Democratic 
Convention, 1979; Chair, Wake County Democratic Campaign, 1978; active in 
Democratic politics on all levels. 

Honors and A wards 

humanitarian Award, Sigma Gamma Rho Sorority, 1977; Man of the Year Award, 
ioyer Consistory, Prince Hall Masons, 1980; distinguished Public Service Award, 
>haw University, 1981; Man of the Year Award, Omega Psi Phi Fraternity, 1981; 
Citizen of the Year Award, Kappa Alpha Psi Fraternity, 1981; Third Annual Heritage 
Ward, Shaw University, 1981; Outstanding Legislator Award, North Carolina 
\ssociation of Trial Lawyers, 1985; Outstanding Legislator Award, Lawyers; 
)utstanding Community Service Award, 1985, North Carolina Black Lawyers 



450 North Carolina Manual 

Association; Outstanding State Representative Community Mental Health, Mental 
Retardation and Substance Abuse Programs, 1985; Distinguished Service Award, Phi 
Beta Sigma Fraternity, 1985; Marjorie Lee Brown Distinguished Alumni Lecturer, 
North Carolina Central University Department of Mathematics, 1986; Special 
Recognition Award, North Carolina Association for Home Care, 1986; Outstanding 
Service Award, North Carolina Society for Autistic Adults & Children, 1986; Kelly 
Alexander, Sr., Humanitarian Award, N.C. Conference of Branches of NAACP, 1986; 
Appreciation Award, N.C. Alliance for the Mentally 111, 1986; Outstanding Public 
Service Award, Vance County Black Caucus, 1987; Outstanding Service Award, 
Garner Road YMCA, 1987; Annual Achievement Award, North Carolina A. Philip | 
Randolph Institute, 1987; Recognition Award, Martin Street Baptist Church, 1987; | 
Recognition Award, Martin Luther King Celebration Committee, 1987; Man of the , 
Year Award, Mid Atlantic Region Alpha Kappa Alpha Sorority, 1987; Outstanding 
Political Accomplishments Award, Eastern Regional Conference, Zeta Phi Beta \ 
Sorority, 1991; Public Life Award, N.C. Council of Churches, 1991; Outstanding 
Leadership Award, Club 15, 1991; Truth and Service Award, NCCU, 1991; 
Distinguished Service Award, N.C. A & T State University, 1991; Outstanding 
Community Leader Award, Triangle Morehouse Club, 1991; Adult Achiever of the 
Year, Garner Road YMCA, 1991; Proclamation & Friend of the City, City of 
Lumberton, 1991; "Friend of the Working People" Award, N.C. AFL-CIO, 1991; 
Martin Luther King, Jr. Service Award, General Baptist State Convention of North ! 
Carolina, Inc., 1991; Outstanding Service Award, Davie St. Presbyterian Church,  
1991; Outstanding Support Award, Fayetteville Business and Professional League, 
1991; Leadership Award, National Black Caucus of State Legislators Adam Clayton 
Powell Award; Congressional Black Caucus Man of the Year Award; National 
Business League's JC Napier Government; Leadership Award for Excellence in 
Legislative Government, NBMBA; Garner Road Family YMCA, Adult Achiever of the 
Year; Outstanding Community Leader, Triangle Morehouse Club; Outstanding 
Leadership Award, Club 15 Civic League, Inc.; Outstanding Political 
Accomplishments, Zeta Phi Beta Sorority; Distinguished Public Service Award, N.C. 
Chiropractic Association, 1992; National 4-H Alumni Award; Leadership Award, 
Lumberton Alumni Chapter of Kappa Alpha Psi Fraternity, Inc; Leadership Award, 
Phi Lambda Chapter, Alpha Phi Alpha Fraternity; Leadership Award, Prince Hall 
Masons; Service Award, A.S. Hunter Lodge #825 and Non Pareille Chapter #648; 
Award of Appreciation, N.C. Black Elected Officials; Martin Luther King 
Distinguished Service Award, Scotland County Ministerial Alliance; Black Achievers 
Award, Garner Road YMCA; Public Service Award, Second Episcopal District, A.M.E. 
Church; Leadership Award, National Association for Equal Opportunity in Higher 
Education (NAFEO); Certificate of Appreciation, Triangle J Council of Governments; 
Consumer Advocate of the Year, N.C. Consumer's Council, Inc.; Award of 
Appreciation for Advancements of African Americans, Ellis Chapel FWB Church; 
Youth for Social Change Achievement Award, Southerners for Economic Justice;: 
Robert F. Kennedy-Jacob Javitz Award for State Advocate of the Year, National 
Congress for Community Economic Development; Outstanding Black Men Award, 
21st Century Commission on African-American Males; People's Leadership Award, 
The North Carolina Fair Share. 

Personal Information 

Married, Edna Earle Smith, January 26, 1972. Children: Daniel Terry, III, Kaniks 
and Dhamian. Member, Davie St. Presbyterian Church, Elder. 



The North Carolina Legislative Branch 



451 



Marie Waiters Colton 

Speaker Pro Tempore 

(Democrat - Buncombe County) 

Fifty-first Representative District - 
Portions of Buncombe County. 

Early Years 

Born in Charlotte, Mecklenburg County, 
October 20, 1922, to John Piper and Sarah 
Thomas Watters. 

Educational Background 

i Chapel High School, 1939; St. Mary's Junior 
College; UNC-Chapel Hill, 1943, B.A. 
(Spanish); Mars Hill College and UNC- 
Asheville, post graduate studies. 




Professional Background 



Legislator. 



Orga n iza tions 

Business and Professional Women; League of Women Voters; American Association of 
University Women; Sir Walter Cabinet; Children's Welfare League; Order of Women 
Legislators. 

Boards and Commissions 

;Director, Vagabond School of Drama; Board of Directors, Brevard Music Center; 
iBoard of Advisors, N.C. Historic Preservation Foundation; The N.C. Institute of 
Medicine; Board of Visitors UNC-Chapel Hill, the N.C. World Trade Association, and 

Western N.C. Tomorrow. 

Political Activities 

JMember, N.C. House of Representatives, 1979-92, 1993-. 

Personal Information 

Married, Henry E. Colton. Children: Elizabeth, Marie (Colton) Pelzer; Sarah (Colton) 
/illeminot; Walter Colton; 7 grandchildren. Trinity Episcopal Church; Former Vestry 
•Voman. 

I 

COMMITTEE ASSIGNMENTS 

dhair: Ethics. 

Member: Children, Youth and Families; Environment; Finance; Rules, Calendar, and 

Operations of the House; Transportation Subcommittee on Airports, Railways 

and Waterways. 



North Carolina Manual 

Milton E Fitch, Jr. 

Majority Leader 

(Democrat-Wilson County) 

Seventieth Representative District - 

Portions of Edgecombe, Nash, and 

Wilson Counties. 

Early Years 

Born in Wilson, Wilson County, October 20, 
1946, to Milton Frederick and Cora 
(Whitted) Fitch. 

Educational Background 

C.H. Darden High School, 1964; N.C. 
Central University, 1968, B.S.; N.C. Central 
University, School of Law, 1972, J.D. 

Professional Background 

Attorney at Law. 

Political Activities 

Member, N.C. House of Representatives, 1985-86, 1987-88, 1989-90, 1991-92, 1993-. 

Personal Information 

Member, Jackson Chapel Baptist Church, Wilson. 

COMMITTEE ASSIGNMENTS 

Chair: Constitutional Amendments & Referenda. 

Vice Chair: Judiciary III. 

Member: Courts and Justice; Finance; Local and Regional Government I. 







The North Carolina Legislative Branch 
mer P 



453 




Minority Leader 

(Republican - Mecklenburg County) 

Fifty-Fifth Representative District - 

Portions of Mecklenburg County. 

Early Years 

Born in Charlotte, Mecklenburg County, 
April 11, 1962, to John Morrison and Diane 
(Foster) Balmer. 

Educational Background 

The Hill School, 1981; UNC-Chapel Hill, 
B.A., 1984; Wake Forest Law School, J.D., 
1988; US Army Judge Advocate General's 
School (Charlottesville, VA), 1992. 

Professional Background 

Attorney; Clerk to the Honorable Rhoda Billings, N.C. Supreme Court; Assistant 
Press Secretary, Governor Jim Martin. 

Orga n iza tions 

Member, American Cancer Society Finance Committee; Member, Delta Upsilon 
Fraternity Alumni Association; Member, Wake Forest Law School Alumni 
Association; Member, N.C. State Bar; Member, N.C. Bar Association; Member, 
, Mecklenburg County Bar Association. 

Boards and Commissions 

Member, Board of Visitors of Johnson C. Smith University, 1990-present; Legislative 
Ethics Committee, 1993-present; Joint Select Committee on Low-Level Radioactive 
'Wastes, 1989-present; Joint Legislative Utility Review Committee 1988-90; 
Legislative Research Commission on Railroads, 1989-90. 

Political Activities 

N.C. House Minority Leader, 1993-present; Member, N.C. House of Representatives, 
1989-present; N.C. State Republican Party Central Committee, 1992-present; 
American Legislative Exchange Council, 1989-present; N.C. State Republican Party 
Executive Committee, 1982-present; Delegate to N.C. State Republican Party 
Conventions, 1983-84, 1985, 1987-88, 1989, 1991-92 and 1993; Delegate to 
Republican Party Ninth District Conventions, 1983-present; Delegate to Mecklenburg 
County Republican Party Conventions, 1983-present; Alternate to 1984 Republican 
National Convention in Dallas, TX; Students for Jim Martin for Governor (Statewide 
Chair, 1984); N.C. Federation of College Republicans (State Vice Chair, 1983); 
Students for Jim Martin for Congress, Director (9th District, 1982); Jim Martin for 
Congress, Vice Chair of Yardsign Committee, 1978. 

Honors and A wards 

1992 Guardian of Small Business Award given by the National Federation of 
independent Businesses; 1992 Perfect Attendance in N.C. House; 1991 N.C. 
Taxpayers United Award; 1991 Solid Waste Award given by National Solid Waste 



454 North Carolina Manual 

Management Association; 1990 Guardian of Small Business Award given by the 
National Federation of Independent Businesses; 1990 Perfect Attendance in N.C. 
House; 1989 Legislator Award given by the Mecklenburg County Police Benevolent 
Association. 

Military Service 

Captain, US Army; N.C. National Guard. 

Personal Information 

Married, Mary Kay Smith of Seven Springs, N.C. Children: Laura Ann. 

COMMITTEE ASSIGNMENTS 

Member: Business and Labor Subcommittee on Travel and Tourism; Ethics; Finance; 
Judiciary III; Public Utilities. 



The North Carolina Legislative Branch 



455 




fames Boyce Black 

Majority Whip 

(Democrat - Mecklenburg County) 

Thirty-sixth Representative District - 

Portions of Mecklenburg County. 

Early Years 

Born in Matthews, Mecklenburg County, 
March 25, 1935, to Boyce and James 
: Margaret Query Black. 

Educational Background 

East Mecklenburg, 1953; Lenoir-Rhyne 
College, A.B., Business Administration, 
1959; Southern College of Optometry, 
Doctor of Optometry, 1962. 

Professional Background 

Optometrist, Dr. James B. Black & Associates; Served as President, N.C. State 
Optometric Society. 

Organizations 

Board Member, Mental Health Association of North Carolina; Board Member, 
Crostdale Community Association; Optimist Club. 

Political Activities 

Member, N.C. House of Representatives, 1991-present; Member N.C. House of 
'Representatives, 1981-82; 1983-84; Matthews Town Council, 1988. 

Military Service 

'U.S.N.R., USS Massey, Petty Officer, 3rd Class, 1955-56; Reserves 1957-61. 

Personal Information 

Married, Betty Clodfelter Black of Matthews, May 13, 1955. Children: James Boyce 
Black, Jr. and Deborah Ann Black. Member, Matthews United Methodist Church; 
Administrative Board Member, 1985-87; President Methodist Nom., 1987. 



COMMITTEE ASSIGNMENTS 

o Chair: Appropriations Subcommittee on Education, 
/ice Chair: Insurance. 

Member: State Government Subcommittee on Boards and Commissions; 
Transportation Subcommittee on Public Transportation. 




North Carolina Manual 

Robert Grady 



Minority Whip 

(Republican - Onslow County) 
Eightieth Representative District - 
Portions of Onslow County. 

Early Years 

Born in Jacksonville, Onslow County, April 
30, 1950, to William R. and Minnie (Hurst) 
Grady. 

Educational Background 

Jacksonville Senior High, 1968; University 
of North Carolina, Chapel Hill, 1972. 

Professional Background 

Businessman. 

Boards and Commissions 

North Carolina Zoological Park, Board of Directors, 1984-86; Onslow County Arts 
Council Board of Directors, 1983-86; Onslow County Council on Aging, Board of 
Directors, 1984-86. 

Political Activities 

Member, N.C. House of Representatives, 1987-88, 1989-90, 1991-92, 1993-present; 
Jacksonville City Council, 1981-87; Mayor Pro-tempore, City of Jacksonville, 1983-86. 

Personal Information 

Married, Neta Lucas of Benson, November 27, 1973. Member, Southern Baptist 
Church. 



COMMITTEE ASSIGNMENTS 

Vice Chair: Business and Labor 

Member: Appropriations Subcommittee on Education; Education Subcommittee on 
Community Colleges and Universities; Ethics; Pensions and Retirement; State 
Government Subcommittee on Military, Veterans and Indian Affairs. 




The North Carolina Legislative Branch 
artha Bedell Alexande r 

(Democrat - Mecklenburg County) 

Fifty-sixth Representative District - 
Portions of Mecklenburg County. 

Early Years 

Born in Jacksonville, Duval County, 
Florida, August 30, 1939, to Chester Bedell 
and Edmonia Hair Bedell. 

Educational Background 

Robert E. Lee School, Jacksonville Florida, 
1957; UNC-Charlotte, Master of Human 
Development, 1979; Florida State 
University, B.S. Education, 1961. 

Organiza tions 

Addiction Professionals of N.C.; Employee Assistance Professionals Association; 

College of Chaplains; Pastoral Counselors; Association for Spiritual, Ethical and 

; Religious Values in Counseling; N.C. Association for Religious and Value Issues in 

; Counseling; American Association for Counseling and Development; N.C. Association 

for Counseling and Development; Charlotte Junior League, President and Sustaining 

Advisor; United Way Board; Women Executives; General Chair Capital Campaign, 

1988-89; Alzheimer's Association; Community Health Services; Hospice at Charlotte, 

, Secretary, 1981-82; Mecklenburg Ministries. 

Boards and Commissions 

\ YWCA Board Member, President, 1990-92; Mecklenburg Medical Auxiliary 
I Endowment Fund Board; N.C. Alcoholism Research Authority, Chair, 1988-90; 
National Advisory Council on Alcohol Abuse and Alcoholism (appointed by the 
| Secretary of Health and Human Services). 

Political Activities 

i Member, N.C. House of Representatives, 1993-; Charlotte Women's Political Caucus; 
, Co-Chair of Political Planning Committee, 1991; Democratic Women's Club; Delegate 

to Mecklenburg County Convention; State Executive Committee (Democratic); N.C. 

Women's Political Caucus, Policy Council Member-at-Large; Pine Needles Network 

Delegate to Democratic National Convention, 1992. 

Personal Information 

Married, James Frost Alexander, June 22, 1962. Children: Charlotte Tasse 
Alexander and James Chester Alexander. Christ Episcopal Church; Companion 
Diocese Commission, Chair, 1983-present; Diocesan Council Member; Overseas 
' Commission Member; Delegate and Alternate to Diocesan Convention, 1975-present. 

COMMITTEE ASSIGNMENTS 

Member: Appropriations Subcommittee on Human Resources; Environment, Health 
and Human Services Subcomm