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Full text of "North Carolina manual [serial]"

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Division of 
Travel and Tourism 



THE LIBRARY OF THE 

UNIVERSITY OF 

NORTH CAROLINA 

AT CHAPEL HILL 




THE COLLECTION OF 
NORTH CAROLINIANA 



C917.05 
N87m 
1995-96 
c. 3 



North Carolina 
Manual 

1995-1996 



STATEMENT OF PUBLICATION COST 

Five thousand (5,000) copies of the 1995-1996 North Carolina Manual were printed 
at a cost to the State of $68,692.00 or $13.74 per volume. 

This publication is printed on permanent, acid-free paper in compliance with 
the General Statutes of North Carolina. 



North Carolina 

Manual 

1995-1996 




Published by 

The Department of the 
Secretary of State 

Lisa A. Marcus 

Editor 

Publications Staff 
Linda Wise and Cathy Moss 

Raleigh 



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Acknowledgemen ts 

The publication of the 1995-1996 edition of the North Carolina 
Manual has involved the hard work, dedication, and collaboration of 
several people. The assistance of the public information officers and 
public affairs personnel throughout the departments of state govern- 
ment is much appreciated. Their support and cooperation have 
allowed us to provide North Carolinians with an accurate and reliable 
guide to North Carolina. 

I would also like to extend a special thank you to Carol 
Hammerstein for her work on Women of the North Carolina General 
Assembly: Leadership With a New Perspective. This brief hisory of the 
contributions of women to the North Carolina legislature provides a 
wealth of interesting and useful information, and I am proud to 
include it in this year's Manual. Janice Shearin and her staff at Mrs. 
Hunt's office are also deserving of recognition for their assistance 
with our special piece on the Govorner's Mansion. 

But most importantly I would like to thank the staff of the 
Publications Division. The dedication of Linda Wise and Cathy Moss 
to this project impressed me to no end, and I cannot possibly thank 
them enough. And last but not least, I would like to thank Ed Carr for 
his expert advice and creative insights. 

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 



L 



m 







Dear Fellow North Carolinians: 

It is with great pride that I present the 1995-1996 edition of the 
North Carolina Manual. This manual, intended as an informational 
reference guide, offers interested parties timely and accurate infor- 
mation concerning the organizations, agencies, and individuals cen- 
trally involved in North Carolina state government, as well as updat- 
ed facts related to the nation's federal government. In addition, this 
publication includes reflections on the unique qualities of North 
Carolina which make our great state so special. 

As Secretary of State, I support and encourage the continued pros- 
perity of North Carolina and its citizens. To this end, the publication 
of the North Carolina Manual strives to provide needed information 
the citizens of this state by way of a user-friendly resource. I hope you 
will find this manual both useful and interesting, and, on behalf of all 
the departments of North Carolina state government, I invite you to 
contact us with your questions and comments. 



Sincerely, 




Rufus L. Edmisten 
Secretary of State 



IV 




Captain Michael John Smith 
(April 30, 1945 - January 28, 1986) 

(photo courtesy of NASA) 



Dedication ^ 

This 1995-1996 edition of the North Carolina Manual is respectfully 
dedicated to the memory of Michael John Smith, former naval officer, 
test pilot, astronaut, and pilot of the space shuttle Challenger, which 
exploded just moments after lift-off from Cape Canaveral , Florida, on 
January 28, 1986. All seven astronauts aboard, including the commander, 
Francis R. "Dick" Scobee; Judith A. Resnick; Ronald E. McNair; Air Force Lt. 
Colonel Ellison S. Onizuka; Gregory B. Jarvis; and Christa McAuliffe were 
killed. 

Flying planes before he was licensed to drive a car, Mike made his first 
solo flight on his 16th birthday, April 30, 1961. In fact, by the time he turned 
15 years old, he was taking flying lessons in Beaufort. He payed for them by 
working on his family's farm and by doing any other odd jobs he could find to 
pay for the $7 lessons. 

In June 1963, Mike entered the U.S. Naval Academy and, upon graduation 
in 1967 (ranking 108 in a class of 893), went on to enter the Naval 
Postgraduate School in Monterey, California, where he earned a master's 
degree in aeronautical engineering. During the Vietnam War he flew Navy 
attack planes from the aircraft carrier Kitty Hawk. He earned several mili- 
tary honors including the Navy Distinguished Flying Cross, three Air 
medals, 13 Strike Flight Air medals, the Navy Commendation Medal with 
"V", the Navy Unit Citation and the Vietnamese Cross of Gallantry with 
Silver Star - 20 medals in all. Smith's career was so impressive that he had 
risen to the rank of commander and was posthumously promoted to captain 
after the space shuttle mission. 

As a child Mike's father took him to see The Bridges of Toko-Ri, and, as it 
turned out, the film had a profound impact on him; it was the inspiration for 
his flying career. Smith explained: "That (The Bridges of Toko-Ri) was the 
biggest influence on my becoming a Navy pilot, when I saw old William 
Holden running on the bridges of Toko-Ri." In November of 1985, he again 
asserted that he had always wanted to fly and could not remember ever 
wanting to do anything else. 

The memory of Smith's passion and spirit is inspirational. He is a shining 
example of how a lifetime of hard work and dedication can make one's 
dreams come true. "To tell you the truth," he said, "it's been wonderful. I 
could not ask to have a better career than I've had. Flying's been fun." But 
not only did he make his own dreams come true, he became a hero for an 
entire generation. A brave and fearless Navy fighter pilot and astronaut, his 
contributions to this country have changed the course of history, and I am 
honored to dedicate the 1995-96 North Carolina Manual to a true North 
Carolina hero, Michael John Smith. 







*The background information used in this dedication was provided by: 
New York Times; William J. Broad; January 29, 1986. 
Raleigh News and Observer; Matt Schudel; January 29, 1986. 
The family of Michael Smith. 



,,.,,5.'' A.'J'.I' 














fflGH nJGHT 

By John Gillespie Magee, Jr* 



I' 



Oh, I have slipped the surly bonds of earth 

And danced the skies on laughter-silvered 
wings; 
Sunward I've climbed, and joined the tumbling 
mirth 
Of sun-split clouds - and done a hundred 
things 
You have not dreamed of - wheeled and 
soared and swung 
High in the sunlit silence. Hov*ring there, 
I've chased the shouting wind along, and flung 

My eager craft through footless halls of air. 
Up, up the long, delirious, burning blue 

I've topped the windswept heights with 
easy grace 
Where never lark, or even eagle flew, 

And, while with silent, lifting mind I've trod 
The high untrespassed sanctity of space. 

Put out my hand, and touched the face of 
God. 






'X. ;V.:i 






Vll 



High Flight by John Gillespie Magee, Jr., is engraved on the 
granite memorial to Michael J. Smith which is located on 
the waterfront in Beaufort, North Carolina. 



Photograph by Aycock Brown 
Wright Memorial: The Night that Man First Walked on the Moon 

July 20, 1969 



Vlll 



** 



Directory of State Government 

(Capitol Area) 
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) 733-4867 

Department of Environmental, Health, and Natural Resources(919) 715-4101 
Department of Human Resources (919) 715-4101 

Caroline (800)662-7030 

Department of Insurance (919)733-7343 

Consumer's Toll Free Number (800) 546-5664 

Department of Justice (919) 733-3377 

Department of Labor (919)733-0359 

Toll free (800) LABOR-NC 

Department of Public Instruction (919) 715-1299 

Department of Revenue (919) 715-7211 

Income Tax Forms (919)715-0397 

Department of Secretary of State (919) 733-4161 

Department of State Treasurer (919) 733-3951 

Department of Transportation (919) 733-2520 

District Court Judges (919) 755-4101 

District Attorney's Office (Wake County) (919) 755-4117 

Conference of District Attorneys (919) 733-4842' 

General Assembly (919)733-4111, 

Office of Administrative Hearings (919) 733-2719! 

Office of the Governor (919) 733-4240i 

Office of the Lieutentant Governor (919) 733-73501 

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) 733-7173 

Superior Court Judges (919) 755-410C! 

Supreme Court (919)733-37231 

U.N.C. System (919) 962-100C| 



Table of Contents 



Acknowledgments ii 

Foreword, Rufus L. Edmisten, Secretary of State iii 

Dedication v 

Directory of State Government viii 



IT 

North Carolina Almanac 

CHAPTER ONE 
Historical Background 

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 Executive Mansion Today: A Tour 29 

The Mecklenburg Declaration 34 

The Halifax Resolution 35 

CHAPTER TWO 

North Carolina Symbols 

State Symbols and their History 

The Great Seal of the State of North Carolina 36 

The State Flag 44 

The State Bird 49 

The State Flower 50 

The State Insect 51 

The State Tree 51 

The State Mammal 52 

The State Toast 53 

The State Shell 54 

The State Salt Water Fish 54 

The State Precious Stone 55 

The State Reptile 56 

The State Beverage 57 

The State Rock 58 

The State Historic Boat 59 



The state Dog 60 

The State Name and Nickname 61 

The State Motto 61 

The State Colors 61 

The State Song 62 

CHAPTER THREE 
Election District Maps 

United States Congressional Districts 64 

United States Congressional Districts Map 65 

North Carolina Senate Districts 66 

North Carolina Senate Districts Map 67 

North Carolina House Districts 68 

North Carolina House Districts Map 69 

North Carolina Superior Court Districts 71 

North Carolina Superior Court Districts Map 73 

North Carolina District Court Districts 74 

North Carolina District Court Districts Map 75 

North Carolina Prosecutorial Districts 76 

North Carolina Prosecutorial Districts Map 77 

CHAPTER FOUR 

Senior Elected Officials: A Photo Album 

Senior Elected State Officials 78 

President and Vice President 93 

SPECIAL SECTION 
Women of the North Carolina General Assembly 97 



PART II 

North Carolina State Government 

CHAPTER ONE 

The Constitution of North Carolina 

Our Constitutions: An Historical Perspective 136 

The First Page of the Original Constitution of 1868 152 

The Last Page of the Original Constitution of 1868 153 

Constitution of North Carolina 154 

Constitutional Amendments approved by the people since 1970 185 

CHAPTER TWO 

The North Carolina Executive Branch 

Introduction 190 



The Council of state 195 

The Office of the Governor 197 

James B. Hunt, Jr 203 

Grovernors (historical list) 205 

The Office of the Lieutenant Governor 217 

Dennis A. Wicker, Lieutenant Governor 221 

Lieutenant Governors (historical list) 222 

The Department of the Secretary of State 223 

Rufus L. Edmisten, Secretary of State 231 

Secretaries of State (historical list) 233 

The Department of the State Auditor 238 

Ralph Campbell, State Auditor 241 

State Auditors (historical list) 243 

The Department of the State Treasurer 244 

Harlan E. Boyles, State Treasurer 253 

Treasurers (historical list) 254 

The Department of Public Instruction 258 

Bob R. Etheridge, Superintendent of Public Instruction 263 

Superintendents of Public Instruction (historical list) 265 

The Department of Justice 267 

Mike Easley, Attorney General 277 

Attorneys General (historical list) 278 

The Department of Agriculture 284 

James A. Graham, Commissioner 297 

Commissioners of Agriculture (historical list) 299 

The Department of Labor 300 

Harry E. Payne, Jr., Commissioner 309 

Commissioners of Labor (historical list) 310 

The Department of Insurance 311 

James E. Long, Commissioner 317 

Commissioners of Insurance (historical list) 318 

The Department of Administration 319 

Katie Dorsett, Secretary 326 

Secretaries of Administration (historical list) 327 

The Department of Commerce 328 

S. Davis Phillips, Secretary 334 

Secretaries of Commerce (historical list) 335 

The Department of Correction 336 

Franklin Freeman, Secretary 342 

Secretaries of Correction (historical list) 343 

The Department of Crime Control and Public Safety 344 

Thurman B. Hampton, Secretary 354 

Richard Hancock Moore, Secretary 355 

Secretaries of Crime Control and Public Safety (historical list) 356 

The Department of Cultural Resources 357 

Betty McCain, Secretary 365 

Secretaries of Cultural Resources (historical list) 367 

The Department of Environment, Health, and Natural Resources 368 



Jonathan B. Howes., Secretary 378 

Secretaries of Environment, Health and Natural Resources 

(historical list) 379 

The Department of Human Resources 380 

C. Robin Britt, Sr., Secretary 394 

Secretaries of Human Resources (historical list) 395 

The Department of Revenue 396 

Janice H. Faulkner, Secretary 404 

Secretaries of Revenue (historical list) 405 

The Department of Transportation 407 

Sam Hunt, Secretary 416 

Garland B. Garrett, Jr., Secretary 417 

Secretaries of Transportation (historical list) 418 

The Office of the State Controller 419 

Edward Renfrow, State Controller 421 

State Board of Elections 423 

Gary O. Bartlett, Executive Secretary-Director 426 

The Office of State Personnel 427 

Ronald G. Penny, Director 431 

Directors (historical list) 432 

1995 State Personnel Commission 432 

The Office of Administrative Hearings 433 

CHAPTER THREE 

North Carolina Legislative Branch 

An Historical Overview 436 

George R. Hall, Jr., Legislative Services Officer 441 

The 1995 General Assembly 442 

The 1995 North Carolina Senate 444 

Speakers of the Senate (historical list) 445 

President Pro Tempore of the Senate (historical list) 447 

Marc Basnight, President Pro Tempore 451 

R. C. Soles., Jr., Deputy President Pro Tempore 452 

J. Richard Conder, Majority Leader 453 

Betsy L. Cochrane, Minority Leader 454 

Frank W. Ballance, Jr., Majority Whip 456 

Austin Murphy Allran, Minority Whip 457 

Senators (biographical sketches) 458 

Sylvia M. Fink, Principal Clerk 513 

Cecil Coins, Sergeant-at-Arms 514 

Michael Morris, Chaplain 515 

Senate Committee Assignments 516 

The 1995 North Carolina House of Representatives 519 

Speakers of the House of Representatives (historical list) 522 

Harold J. Brubaker, Speaker 529 

Carolyn B. Russel, Speaker Pro Tempore 530 

N. Leo Daughtry, Majority Leader 532 



James B. Black, Minority Leader 533 

Robert C. Hayes, Majority Whip 534 

Pete Cunningham, Minority Whip 535 

David Redwine, Minority Whip 536 

Representatives (biographical sketches) 537 

Denise Weeks, Principal Clerk 680 

Clyde R. Cook, Jr., Sergeant-at-Arms 681 

Joan N. Daniely, Reading Clerk 682 

WilHam Titus Mills, Chaplain 683 

House of Representatives Committee Assignments 684 

CHAPTER FOUR 

North Carolina Judicial Branch 

The Court System in North Carolina 689 

The Supreme Court of North Carolina: A Brief History 695 

Burley B. Mitchell, Chief Justice 703 

Associate Justices (biographical sketches) 704 

Special Dedication: Susie Marshall Sharp 713 

Administrative Office of the Courts 714 

Jack L. Cozort, Director 717 

The Court of Appeals 719 

S.Gerald Arnold, Chief Judge 719 

Associate Judges (biographical sketches) 720 

The Superior Court Judges 732 

The District Court Judges 735 

District Attorneys 740 

PART II! 

Higher Education in North Carolina 

CHAPTER ONE 

The University of North Carolina 

The University of North Carolina System 742 

CD. Spangler, Jr., President 746 

Appalachian State University 748 

East Carolina University 753 

Elizabeth City State University 756 

Fayetteville State University 760 

North Carolina A & T State University 764 

North Carolina Central University 769 

North Carolina School of the Arts 774 

North Carolina State University 778 

Pembroke State University 784 

University of North Carolina - Asheville 788 

University of North Carolina - Chapel Hill 792 



University of North Carolina - Charlotte 799 

University of North Carolina - Greensboro 803 

University of North Carolina - Wilmington 809 

Western Carolina University 813 

Winston-Salem State University 816 

CHAPTER TWO 

The Community Colleges 

The Community College System 820 

Lloyd V. Hackley, President 823 

The President's Office 825 

Presidents, Community and Technical Colleges (current list) 825 

The Community Colleges 

Alamance Community College 827 

Anson Technical College 827 

Asheville-Buncombe Technical Community College 828 

Beaufort County Community College 829 

Bladen Community College 830 

Blue Ridge Community College 831 

Brunswick Community College 831 

Caldwell Community College and Technical Institute 832 

Cape Fear Community College 833 

Carteret Community College 834 

Catawba Valley Community College 834 

Central Carolina Community College 835 

Central Piedmont Community College 835 

Cleveland Community College 836 

Coastal Carolina Community College 837 

College of the Albemarle 837 

Craven Community College 838 

Davidson County Community College 838 

Durham Technical Community College 839 

Edgecombe Community College 839 

Fayetteville Technical Community College 840 

Forsyth Technical Community College 841 

Gaston College 841 

Guilford Technical Community College 842 

Halifax Community College 843 

Haywood Community College 844 

Isothermal Community College 845 

James Sprunt Community College 845 

Johnston Community College 846 

Lenoir Community College 846 

Martin Community College 847 

Mayland Community College 847 

McDowell Technical Community College 848 

Mitchell Community College 849 



Montgomery Community College 850 

Nash Community College 851 

Pamlico Community College 851 

Piedmont Community College 852 

Pitt Community College 852 

Randolph Community College 853 

Richmond Community College 854 

Roanoke-Chowan Community College 854 

Robeson Community College 855 

Rockingham Community College 856 

Rowan-Cabarrus Community College 857 

Sampson Community College 857 

Sandhills Community College 858 

Southeastern Community College 858 

Southwestern Community College 859 

Stanly Community College 859 

Surry Community College 860 

Tri-County Community College 861 

Vance-Granville Community College 861 

Wake Technical Community College 862 

Wayne Community College 863 

Western Piedmont Community College 864 

Wilkes Community College 864 

Wilson Technical Community College 865 

CHAPTER THREE 

Private Colleges and Universities 

Private Higher Education in North Carolina 866 

Presidents, The N.C. Association of Independent Colleges 

and Universities (historical list) 868 

Presidents, Private Colleges and Universities 869 

Presidents, Junior Colleges 870 



PART IV 

Political Parties 



CHAPTER ONE 

The Democratic Party 



Plan of Organization 873 

State Executive Council 908 

County Chairs 909 

CHAPTER TWO 

The Republican Party 

Plan of Organization 913 

Republican Executive Committee 937 



Congressional District Committees 937 

County Chairs 938 



ITV 

North Carolina Counties 

CHAPTER ONE 
County Government 

Historical Perspective 942 

CHAPTER TWO 

The Counties of North CaroHna 

North Carolina Counties Map 954 

Alamance 955 

Alexander 955 

Alleghany 955 

Anson 956 

Ashe 956 

Avery 956 

Beaufort 956 

Bertie 957 

Bladen 957 

Brunswick 957 

Buncombe 957 

Burke 958 

Cabarrus 958 

Caldwell 958 

Camden 959 

Carteret , 959 

Caswell 959 

Catawba 959 

Chatham 960 

Cherokee 960 

Chowan 960 

Clay 960 

Cleveland 961 

Columbus 961 

Craven 961 

Cumberland 961 

Currituck 962 

Dare 962 

Davidson 962 

Davie 962 

Duplin 963 



Durham 963 

Edgecombe 963 

Forsyth 964 

Franklin 964 

Gaston 964 

Gates 965 

Graham 965 

Granville 965 

Greene 965 

Guilford 966 

Halifax 966 

Harnett 966 

Haywood 967 

Henderson 967 

Hertford 967 

Hoke 967 

Hyde 968 

Iredell 968 

Jackson 968 

Johnston 968 

Jones 969 

Lee 969 

Lenoir 969 

Lincoln 969 

Macon 970 

Madison 970 

Martin 970 

McDowell 971 

Mecklenburg 971 

Mitchell 971 

Montgomery 972 

Moore 972 

Nash 972 

New Hanover 972 

Northampton 973 

Onslow 973 

Orange 973 

Pamlico 973 

Pasquotank 974 

Pender 974 

Perquimans 974 

Person 974 

Pitt 975 

Polk 975 

Randolph 975 

Richmond 975 

Robeson 976 

Rockingham 976 



Rowan 976 

Rutherford 977 

Sampson 977 

Scotland 977 

Stanly 977 

Stokes 978 

Surry 978 

Swain 978 

Transylvania 979 

Tyrrell 979 

Union 979 

Vance 979 

Wake 980 

Warren 980 

Washington 980 

Watauga 980 

Wayne 981 

Wilkes 981 

Wilson 981 

Yadkin 982 

Yancey 982 

PART VI 

United States Government 

CHAPTER ONE 

The Constitution of the United States 

The Ratification of the Constitution in North Carolina 985 

North Carolina Signers of the Constitution of the United States 993 

William Blount 993 

Richard Dobbs Spaight, Sr 994 

Hugh Williamson 995 

Constitution of the United States 996 

Signers of the U.S. Constitution 1005 

Amendments to the Constitution of the United States 1006 

CHAPTER TWO 

United States Executive Branch 

William J. (Bill) Clinton, President 1017 

Albert Gore, Jr., Vice President 1019 

Presidents of the United States (historical list) 1020 

Presidential Cabinet 1021 

Presidential Major Appointments 1021 



CHAPTER THREE 

United States Legislative Branch 

The Senate 1023 

Officers 1023 

Committees 1023 

Biographical sketches: 

Jesse Helms 1024 

Duncan M. (Lauch) Faircloth 1025 

The House of Representatives 1026 

Officers 1026 

Committees 1026 

Biographical sketches (by district): 

Eva Clayton 1027 

David Funderburk 1028 

Walter B. Jones 1029 

Fred K. Heineman 1030 

Richard Burr 1031 

J. Howard Coble 1032 

Charles G. Rose, III 1033 

W.G. (Bill) Hefner 1034 

SueMyrick 1035 

Thomas C. Ballenger 1037 

Charles Taylor 1039 

MelvinWatt 1040 

CHAPTER FOUR 

The United States Judiciary 

The Supreme Court 1043 

Fourth Circuit Court of Appeals 1043 

Fourth Circuit Court of Appeals Judges (biographical sketches) 1044 

United State District Court in North Carolina 1046 

United State District Court Judges G3iographical sketches) 1047 



PART VI! 

Voters, Voting, and Election Returns 

CHAPTER ONE 

Voting in North CaroHna 

Voter Registration 1064 

The Electoral College 1066 

Distribution of Electoral Votes 1070 

Registration Statistics: 

As of October 13, 1995 1072 

As of April 11, 1994 (for 1994 Primary Election) 1074 



As of October 17, 1994 (for 1994 General Election) 1076 

As of April 6, 1992 (for 1992 Primary Election) 1078 

As of October 5, 1992 (for 1992 General Election) 1080 

For May 8, 1990 Primary Election 1082 

For November 6, 1990 General Election 1084 

CHAPTER TWO 

Abstracts of Votes and Election Results 

Federal Government 

President of the United States 1086 

Democratic Preference Primary Election, May 5, 1992 1087 

Republican Preference Primary Election, May 5, 1992 1089 

General Election, November 3, 1992 1091 

United States Congress 1093 

United States Senate 

Republican Primary Election, May 5, 1992 1094 

General Election, November 3, 1992 1096 

Democratic Primary Election, May 8, 1990 1098 

Democratic Primary Election, June 5, 1990 (run-off) 1100 

Republican Primary Election, May 8, 1990 1101 

General Election, November 6, 1990 1102 

United States House of Representatives 

Primary Election, May 3, 1994 (Dem. and Rep.) 1103 

Republican Primary Election, May 31, 1994 (run-off) 1107 

General Election, November 8, 1994 1108 

Primary Election, May 5, 1992 (Dem. and Rep.) 1113 

General Election, November 3, 1992 1116 

Primary Election, May 8, 1990 (Dem. and Rep.) 1120 

General Elections, 1986-1990 1123 

North Carolina State Government 1127 

Governor 

Democratic Primary Election, May 5, 1992 1128 

Republican Primary Election, May 5, 1992 1130 

General Election, November 3, 1992 1132 

Lieutenant Governor 

Democratic Primary Elections, May 5, 1992 1134 

Republican Primary Elections, May 5, 1992 1136 

General Election, November 3, 1992 1138 

Council of State 

Council of State Democratic Primary Election, May 5, 1992 

State Auditor 1140 

Superintendent of Public Instruction 1142 

Commissioner of Labor 1144 

General Election, November 3, 1992: 

Secretary of State, Attorney General, Commissioner of Labor, 

and State Treasurer 1146 

State Auditor, Commissioner of Agriculture, Commissioner of 
Insurance, and Superintendent of Public Instruction 1148 



Tabulation of Votes, Primary Election of 1992 1150 

Tabulation of Votes, General Election of 1992 1151 

PART VIII 

The 1990 Census 

CHAPTER ONE 

Census and Population Statistics 

Introduction 1154 

State Population Statistics 1156 

County Population Statistics 1157 

Population of Incorporated Places of less than 1,000 1159 

Population of Incorporated Places of 1,000-2,499 1165 

Population of Incorporated Places of 2,500-9,999 1168 

Population of Incorporated Places of 10,000 or more 1171 



North Carolina Manual 



North Carolina 

ALMANAC 



2 




Part I 



n 




n 




H 











North Carolina Manual 




The Baptism of Virginia Dare 

William Steene (1888-1965) 



North Carolina Almanac 



CHAPTER ONE 



Historical Background 



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 
Discouerie 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 moreover, all Veins, Mines, 

been made about the fate of the "Lost and Quarries, as well discovered as 

Colony," but no one has successfully not discovered, of Gold, Silver, Gems, 

explained the disappearance of the and precious Stones, and all other, 

colony and its settlers. whatsoever be it, of Stones, Metals, or 

The first permanent English set- ^ny other thing whatsoever found or 

tiers in North Carolina were immi- ^^ 5^ f^^^^ within the Country, Isles, 

grants from the tidewater area of and Limits ..." 

southeastern Virginia. The first of The territory was to be called 

these "overflow" settlers moved into Carolina in honor of Charles the 

the Albemarle area of northeast First. In 1665, a second charter was 

North Carolina around 1650. granted in order to clarify territorial 

In 1663, Charles II granted a questions not answered in the first 

charter to eight English gentlemen charter. This charter extended the 

who had helped him regain the boundary lines of Carolina to 

throne of England. The charter docu- include: 

ment contains the following descrip- "All that Province, Territory, or 

tion of the territory which the eight Tract of ground, situate, lying, and 

Lords Proprietors were granted title being within our Dominions of 

to: America aforesaid, extending North 

"All that Territory or tract of and Eastward as far as the North 

ground, situate, lying, and being end of Carahtuke River or Gullet; 

within our Dominions in America, upon a straight Westerly line to 

extending from the North end of the Wyonoake Creek, which lies within or 

Island called Luck Island, which lies about the degrees of thirty six and 

in the Southern Virginia Seas and thirty Minutes, Northern latitude, 

within six and Thirty degrees of the and so West in a direct line as far as 

Northern Latitude, and to the West the South Seas; and South and 

as far as the South Seas; and so Westward as far as the degrees of 

Southerly as far as the River Saint twenty nine, inclusive, northern lati- 

Mathias, which borders upon the tude; and so West in a direct line as 

Coast of Florida, and within one and far as the South Seas." 
Thirty degrees of Northern Latitude, Between 1663 and 1729, North 

and West in a direct line as far as the Carolina was under the control of the 

South Seas aforesaid; Together with Lords Proprietors and their descen- 

all and singular Ports, Harbours, dants who commissioned colonial 

Bays, Rivers, Isles, and Islets belong- officials and authorized the governor 

ing Into the Country aforesaid; And and his council to grant lands in the 

also, all the Soil, Lands, Fields, name of the Lords Proprietors. In 

Woods, Mountains, Farms, Lakes, 1669, John Locke wrote the 

Rivers, Bays, and Islets situate or Fundamental Constitutions as a 

being within the Bounds or Limits model for the government of 

aforesaid; with the Fishing of all Carolina. Albemarle County was 

sorts of Fish, Whales, Sturgeons, and divided into local governmental units 

all other Royal Fishes in the Sea, called precincts. Initially there were 

Bays, Islets, and Rivers within the three precincts — Berkley, Carteret, 

premises, and the Fish therein taken; and Shaftesbury - but as the colony 



North Carolina Almanac 



- 'P^'>:::^'^.'^=^m0^.,,fg^ 




4 North Carolina Manual 

expanded to the south and west, new by either the Lords Proprietors prior 
precincts were created. By 1729, to 1729, or by the crown afterwards, 
there were a total of eleven Members of the colonial assembly 
precincts — six in Albemarle County were elected from the various 
and five in Bath County which had precincts (counties) and from certain 
been created in 1696. Although the towns which had been granted repre- 
Albemarle Region was the first per- sentation. The term "precinct" as a 
manent settlement in the Carolina geographical unit ceased to exist 
Area, another region was developed after 1735. These areas became 
around present-day Charleston, known as "counties" and about the 
South Carolina. Because of the nat- same time "Albemarle County" and 
ural harbor and easier access to "Bath County" ceased to exist as gov- 
trade with the West Indies, more ernmental units, 
attention was given to developing the The governor was an appointed 
Charleston area than her northern official, as were the colonial secre- 
counterparts. For a twenty-year tary, attorney general, surveyor gen- 
period, 1692-1712, the colonies of eral, and the receiver general. All 
North and South Carolina existed as officials served at the pleasure of the 
one unit of government. Although Lords Proprietors or the crown. 
North Carolina still had her own During the proprietary period, the 
assembly and council, the governor council was comprised of appointed 
of Carolina resided in Charleston persons who were to look after the 
and a deputy governor was appoint- proprietors' interests in the new 
ed for North Carolina. world. The council served as an advi- 

In 1729, seven of the Lords sory group to the governor during 
Proprietors sold their interest in the proprietary and royal periods, as 
North Carolina to the Crown and well as serving as the upper house of 
North Carolina became a royal the legislature when the assembly 
colony. The eighth proprietor. Lord was in session. When vacancies 
Granville, retained economic interest occurred in colonial offices or on the 
and continued granting land in the council, the governor was authorized 
northern half of North Carolina. All to carry out all mandates of the pro- 
political functions were under the prietors, and could make a tempo- 
supervision of the crown until 1775. rary appointment until the vacancy 

Colonial government in North was filled by proprietary or royal 
Carolina was essentially the same commission. One member of the 
during both the proprietary and council was chosen as president of 
royal periods, the only major differ- the group, and many council mem- 
ence being who appointed colonial bers were also colonial officials. If a 
officials. There were two primary governor or deputy governor was 
units of government: the governor unable to carry on as chief executive 
and his council, and the colonial because of illness, death, resignation, 
assembly made up of persons elected or absence from the colony, the presi- 
by the qualified voters of the county, dent of the council became the chief 
There were also colonial courts; how- executive and exercised all powers of 
ever, unlike today's courts, they were the governor until the governor 
rarely involved in formulating policy, returned or a new governor was corn- 
All colonial officials were appointed missioned. 



North Carolina Almanac 5 

The colonial assembly was made However, there was a constant battle 
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 ^'f ^^^^^^ ^^^^^^Jr/i'^^l'""^ ^°'' 

, , -vi f mdependence. Ihe 83 delegates pre- 

governor or to be responsible for ^^J -^ ^^^.^^^ ^^ ^^^ p^/^^^^ 

spending tax monies, the legislature provincial Congress unanimously 
met on a regular basis until just adopted the Halifax Resolves, which 
before the Revolutionary War. 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 



6 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 Almanac 7 

North 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 Almanac 



were incorporated into the 1868 con- 
stitution, so that in 1970, the people 
voted to adopt a completely new con- 
stitution. Since then, several amend- 
ments have been ratified but one in 
particular is a break from the past. 
In 1977, the people voted to allow the 
governor and lieutenant governor to 
run for reelection successively for an 
additional term. 

North Carolina has had two per- 
manent capitals. New Bern and 
Raleigh, and there have been three 
capitol buildings. Tryon Palace in 
New Bern was constructed in the 
period 1767-1770, and the main 



building was destroyed by fire 
February 27, 1798. The first capitol 
in Raleigh was completed in 1794 
and was destroyed by fire on June 
21, 1831. The present capitol build- 
ing was completed in 1840. 

In 1790, North Carolina ceded 
her western lands which included 
Washington, Davidson, Hawkins, 
Greene, Sullivan, Sumner, and 
Tennessee counties, to the Federal 
government. Between 1790 and 1796 
the territory was known as 
Tennessee Territory, but in 1796 it 
became simply Tennessee, the fif- 
teenth state in the Union. 



10 



North Carolina Manual 




The North Carolina State Capitol Building 



North Carolina Almanac 11 

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 Her 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 
97 1 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 2 1/2 inches in diame- taining an area of 1 70 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 Almanac 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 1 69 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 preserv- 
ing 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 5 1/2-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 Almanac 



15 




The North Carolina Legislative 



ing 



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 gardens. 

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



North Carolina Almanac 17 

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 has not always honor of the Elizabethan patron of 

provided an official home for early colonization, Sir Walter 

its governors and their fami- Raleigh. Shortly thereafter, the legis- 

lies. Prior to 1770, the Governor lature enacted a law requiring the 

lived wherever he chose at his own governor to reside at the permanent 

expense. It was not until 1767 that seat of government. Samuel Ashe of 

the General Assembly authorized the New Hanover County, elected in 

construction of the first such resi- 1794, was the first Governor to come 

dence. Designed by English architect under this law. He expressed his 

John Hawks and built between 1767 reaction emphatically: "...it was 

and 1770, Tryon Palace, occupied by never supposed that a Man annually 

Royal Governor William Tryon, elected to the Chief Magistracy 

became one of the most admired pub- would commit such folly as to 

lie structures in North America, attempt the building of a House at 

Tryon Palace, however, served as the the seat of Government in which he 

formal residence of governors for might for a time reside." The 

only a short time. In addition to the Committee of the General Assembly 

growing resentments of farmers from to which Ashe's letter was referred 

Orange, Mecklenburg, Rowan, and hastened to inform him that the law 

Anson counties who disliked the fact was enacted before he was elected 

that poll taxes were used to defray governor and could be considered "as 

the cost of its construction, it was a condition under the encumbrance 

also exposed to the threats of enemy of which he accepted the appoint- 

forces during the American ment." 

Revolution. During the early years of Despite its pointed pronounce- 
statehood, the palace was adopted as ment, the General Assembly took 
the capitol, but in 1798, a fire steps to provide a dwelling for chief 
destroyed all but the west wing. The executives, instructing the state 
present structure, a popular historic treasurer to purchase or lease a suit- 
attraction in its own right, is largely able house. In 1797, a plain two- 
a 1950 reconstruction based on story frame building painted white 
Hawks' original plans as well as and an office for the governor were 
archaeological research. provided on lot 131, the southwest 
North Carolina's first legislators corner of Fayetteville and Hargett 
were traveling men. With no "fixed Streets. The house proved hopelessly 
seat of government" after 1775, early inadequate by 1810, as evinced in a 
members of the General Assembly letter from Governor Benjamin 
traveled from plantation to planta- Smith: 

tion and town to town until 1792 ...But we shall have time to 

when a capital (Raleigh) was retrace our steps for the House allot- 

planned and laid out in the "woods of ted by the State for the Chief 

Wake." They named the new city in Magistrate is in such order that it is 



North Carolina Almanac 



19 




Tryon Palace 



20 North Carolina Manual 

agreed by all who view it, not to he fit Mansion in 1891, successive chief 

for the family of a decent tradesman, executives resided in Raleigh, Hving 

and certainly none could be satisfied; in rented houses, or hotel rooms, or - 

even if safe in it, but this is question- during two administrations — in their 

able. The late storm has thrown off a own homes. From 1871 to 1891, a 

considerable part of one of the chim- noted Raleigh hotel, the Yarborough 

neys and cracked some of the remain- House, served as the unofficial resi- 

der. The plaster is frequently falling, dence for several governors. 

and the roof is so leaky that in going Governor Vance, the last gover- 

from the sitting rooms to the cham- nor to have occupied the Palace, was 

bers during a rain a wetting is expe- reelected to office in 1877. In 1879, 

rienced. he presented the report of a commis- 

To remedy this situation, the sion appointed two years earlier by 
General Assembly of 1813 appointed the General Assembly to investigate 
a committee to provide better facili- the possibilities of providing a suit- 
ties and plans were drawn for the able residence for North Carolina's 
erection of a more suitable dwelling, governors. The commission was also 
The members selected a site at the charged with the task of selling 
foot of Fayetteville Street facing the unused state lands in, and adjacent 
old State house. In 1816, an elabo- to, the city of Raleigh. Proceeds from 
rate brick structure with white the sales were earmarked for the 
columned porticoes was completed construction of a house and outbuild- 
and Governor William Miller became ings suitable for the governor, 
the first occupant of the "Governor's Opinions varied concerning the 
Palace." proposed project. In the matter of 

Twenty succeeding governors location, several members thought it 

resided in the "Palace", as it was cyn- advantageous to build the Mansion 

ically termed, and much of the histo- on a lot adjacent to the Capitol but 

ry of the state centered there, were convinced the commission did 

General Lafayette was an overnight not have the authority to do so. 

guest in 1825, and some sessions of Others favored building an executive 

the General Assembly were held in mansion on Burke Square, while the 

the building following the burning of majority wanted to renovate the old 

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 



North Carolina Almanac 21 

1883, authorized the construction of then considered. The superintendent 
a house on Burke Square, provided of construction for the State Capitol, 
some furnishings, and required the David Paton, was suggested, but 
Governor to occupy it upon its com- because of the architect's advanced 
pletion. The Governor and the age, he was passed over for the 
Council of State were directed to use assignment. The council selected 
convict labor and such materials as Samuel Sloan of Philadelphia and 
were "manufactured or prepared, his assistant, Gustavus Adolphus 
either in whole or in part" at the pen- Bauer and received Sloan's designs 
itentiary, when such a procedure from him personally when he arrived 
seemed feasible. Governor Jarvis felt in Raleigh on April 28, 1883. These 
there might be some differences of were declared "very artistic," repre- 
interpretation of the statement. He senting an ornate building, in mod- 
reasoned that with the recent com- ern style, three stories in height, 
pletion of the state penitentiary a with the ample porches, hallways 
saving could be realized through the and windows which every house built 
purchase of large quantities of build- in this climate should have." On May 
ing materials and the employment of 7, the Sloan designs were accepted 
convict labor in the construction of with minor modifications suggested 
the Mansion. From a practical stand- by some of Raleigh's "able builders." 
point, Jarvis thought the state would During the early stages of con- 
profit by having both of the projects struction, a report issued by the offi- 
under the same management, cers of the penitentiary board, in 
Experienced businessmen advised mid-1884, declared the building 
that such a plan might save the state "handsome in design, constructed of 
up to $20,000. the best material by the best work- 

The penitentiary board, realizing ers." Employment of convict labor on 
the law required it to furnish the state projects was not a new idea, 
major portion of labor and materials Working on the Mansion must have 
for the Executive Mansion, autho- seemed pleasurable compared to the 
rized the warden to make a contract back-breaking repair work on the 
for $25,000. The Council of State state-owned railroad. Masons used 
accepted this arrangement. Two pressed brick made at the prison for 
months after passage of the bill, the the construction of the Mansion and 
Council of State met with the gover- later for the walks surrounding it. At 
nor to discuss financing the project, the end of each day, each crew leader 
The governor was to use money from at the brickyard signed his name or 
an earlier (1877) sale of state lands, initialed his stacks of brick to indi- 
to sell the old Palace and grounds, cate the number his crew had made, 
and to employ an architect to draft The exterior of the Mansion was 
sketches and specifications for the trimmed with North Carolina sand- 
council's consideration. Expenditures stone. Prison officials expressed sat- 
were not to exceed the funds avail- isfaction with the artistry and conve- 
able and money spent by the gover- nience of the interior of the house 
nor and council was to be placed in and wished to enhance it further by 
an itemized account under the strict using "an elaborate North Carolina 
supervision of the auditor. hardwood finish." A second progress 

Nominees for an architect were report issued by Governor Jarvis in 



22 North Carolina Manual 

1885, stated that stone for the resi- construction of a governor's resi- 
dence was quarried in Anson County, dence called for the purchase of fur- 
The governor also favored the use of nishings. As the costs of construction 
native hardwoods in the ceiling, mounted, only a small portion of the 
wainscoting, and woodwork of the funds set aside for furniture 
first floor. remained. Some purchases were 

As soon as the Mansion was made by Governor and Mrs. Jarvis 

reported complete, the Council of as early as 1883, and Governor 

State met. The attorney general Scales reported in 1887 that he had 

announced that the Board of Public obtained some furniture from the old 

Buildings and Grounds would super- Palace. Further purchases were 

vise upkeep of the property under made with an appropriation of 

the direction of the keeper of the $1,500 in 1891. To avoid confusion 

Capitol. In November 1889, before over ownership of the Mansion fur- 

the Mansion was occupied, repair nishings, Fowle methodically filed a 

and preservation work had already list of his personal belongings with 

begun with "certain exterior and the State Treasurer. Governor 

interior painting" of the woodwork. Fowle's term of office was cut short 

Most of the accounts emphasize the by his sudden death on April 7, 1891, 

deplorable condition of the completed only three months after he had 

house, including cheap plumbing and moved into the Mansion. His term 

dirt used as soundproofing beneath was filled by his successor, 

floors. The third floor and the base- Lieutenant-Governor Thomas Holt, 

ment had been left unfinished. On Elias Carr was the first gover- 

the Mansion grounds were stables nor to live in the Mansion for a full 

for "horses driven to the governor's four-year term (1893-1897). Like 

carriage" and other dependencies, his predecessors, he found the 

Drinking water was pumped by a house in need of furnishings and 

small gasoline engine from two cis- repairs. Funds were allocated by 

terns in the basement to a tank the legislature in February 1893 

located on the third floor. for the completion of the Mansion 

By December 1890 the Mansion and interior improvements. Two 

was nearly finished, but Governor years later, another appropriation 

Daniel Fowle (1889-1891) did not made landscaping the grounds pos- 

move in until early January 1891. sible. 

He was particularly anxious to occu- Shortly after the inauguration of 

py the house in view of earlier Governor Daniel Russell (1897- 

attempts to abandon it as a residence 1901), the General Assembly 

for the governor. Fowle brought his appointed a committee to examine 

own furniture to make up the deficit the Mansion and recommend needed 

in the Mansion, setting a precedent alterations. The committee found 

followed for many years before the that minor repairs were needed and 

house was adequately furnished, promptly introduced a resolution to 

Moving from a sixteen-room house to provide the necessary money. In 

one with more than thirty rooms March 1897 an appropriation of $600 

made furnishing the residence a siz- was allotted for the Mansion's 

able problem. upkeep. 

The earliest laws providing for At the close of the nineteenth 



North Carolina Almanac 23 

century, a permanent residence for the Governor's Mansion and improve 
the state's chief executives more the surrounding grounds." The 1919 
commodious than its predecessors legislature appropriated another 
had at last been established in the $4,000 far continued refurbishment, 
capital. While the Mansion reflected During the 1920 renovation, the see- 
the progressive vitality and spirit of ond floor ballroom, which had been 
North Carolina and its people, it used to house overnight groups of up 
needed constant upgrading and to sixty soldiers during World War I, 
maintenance to keep it in step with was divided by walls to form bed- 
the times - an evolutionary process rooms, baths, closets, and a private 
which continued into the next century. corridor to connect several of the 

With the dawn of a new century, family bedrooms. Some additions to 
North Carolina's governors moved the furnishings were made. Mrs. 
the state forward with progressive Bickett purchased dining room furni- 
new programs designed to benefit a ture and a four-poster bed for the 
society which remained predomi- guest room at the top of the Grand 
nantly agricultural of primary Staircase - the room where President 
importance was, upgrading the edu- Harry S. Truman was to sleep in 1948. 
cational system and the establish- As preparations were made for 
ment of industries bringing new jobs Governor Angus W. McLean's resi- 
and added revenues to the state. The dence in the Mansion (1925-1929), 
administrations of Governors the previous renovations were con- 
Aycock, Glenn, Kitchin, and Craig sidered inadequate. Sentiment for 
emphasized these aims. During their removing the house and landscaping 
terms, the Executive Mansion con- Burke Square as a public park was 
tinued to serve as the center of Tar once again aroused. Secretary of 
Heel hospitality. The need for major State W. N. Everett halted the move- 
repairs to the residence, however, ment. He had made his own exami- 
became more evident as years nation and reported that major 
passed. repairs were needed to provide the 

As frequently seemed the case governor with a comfortable dwelling. 

with new governors, Thomas Everett suggested a sum of $50,000 

Bickett's term (1917-1921) began for repairs and new furnishings, 

with an inspection of the Mansion Although this action was taken with- 

and recommendations for improve- out McLean's knowledge, upon learn- 

ment. The superintendent of build- ing of it, he soon became active in 

ings and grounds made a detailed seeking the appropriation. Thus, 

report, and Mrs. Bickett submitted Everett and Governor McLean must 

suggestions for interior renovations be credited not only with saving the 

by architect James A. Salter, with Mansion but also with making it, for 

his estimates of cost. Her plea result- the first time, a house in keeping 

ed in the introduction of a bill which with the dignity of the governor and 

requested $65,000 for repairs and his office. 

renovations. This optimistic bill The State Board of Health, 

failed to pass the General Assembly required to inspect all state institu- 

and a substitute measure was enact- tions for sanitation, inspected the 

ed in March 1917 allowing $4,000 "to Mansion in February 1925, shortly 

renovate, equip and properly, furnish after McLean's inauguration. The 



24 North Carolina Manual 

inspection report was startling, the carpet was nearly worn through 
Rated on the same basis as hotels, because of the uneven surface of the 
the Mansion received "the very low floor. The bathrooms with linoleum 
rating of 71." The report added that flooring, papered walls, antique 
the management of a hotel receiving plumbing, and inaccessible corners 
such a rating would be subject to were equally impossible to clean. The 
indictment. The principal deductions third or attic floor remained unfin- 
in scoring were for uncleanliness. ished. Dust from large piles of rub- 
Dust pervaded the atmosphere - bish and lime mortar sifted through 
covering the woodwork, filming the ceiling light fixtures and wire open- 
furniture, and stifling the air. ings into the bedrooms and baths 
Governor Fowle's contemporaries below. 

had described clouds of dust follow- Consultants suggested obvious 

ing in the walker's footsteps. From remedies: a concrete floor, drains, 

his time until the revealing inspec- and ceiling for the basement; paint- 

tion, little had been done to alleviate ing the ceilings and walls of the 

the condition. The basement, extend- kitchen and butler's pantry; enlarge- 

ing beneath the entire house, had a ment of the kitchen with new floors 

dirt floor with the exception of two and proper equipment, including a 

small rooms floored with decaying ventilator and smoke hood for the 

wood. This deficiency allowed dirt to stove; refinishing floors or laying 

filter up through the unclosed regis- new floors; closing old heat registers 

ters of an earlier heating system, and openings in the walls; tiling and 

The hot water heater room and its wainscoting bathrooms and installa- 

entrance were paved with worn, tion of modern plumbing and electri- 

irregular bricks which, without proper cal fixtures; properly sealing lighting 

drainage, weakened the foundations fixture openings in ceilings; and cov- 

of the Mansion. ering floors with an inexpensive but 

The first floor walls and floors serviceable material, 
were unsound and the ornate plas- When money became available, 
terwork was disintegrating in some the architectural firm of Atwood and 
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- 



North Carolina Almanac 



25 



ment with additional suggestions by 
Mrs. McLean. Workers bundled up 
and shipped off discarded rugs to be 
rewoven; old furniture to be reuphol- 
stered; and purchased new carpets 
and draperies out of the annual 
appropriation for the upkeep of the 
Mansion. Governor McLean also 
found money to finish a part of the 
third floor as servants' quarters. In 
addition, workers installed a cloak 
room for women on the first floor and 
added a gentlemen's cloak room, a 
servant's room, and offices for the 
governor in the basement. 

Written expressions recognized 
the greatly increased value of the 
Mansion. In July 1926, a letter to 
Insurance Commissioner Stacy Wade 
from Governor McLean stated that 
the $80,000 evaluation of the house 
was inadequate and that the 
Mansion could not be replaced for 
less than $200,000. The house had 
been constructed of the finest materi- 
als and the interior, within the past 
year, had been completely renovated. 
A newspaper account, lauding 
Governor McLean's accomplish- 
ments, claimed that renovating a 
building considered eligible for 
demolition had saved the state more 
than a third of a million dollars. 

The renovation undertaken by 
Governor McLean was not fully com- 
pleted during his term of office. 
Governor-elect O. Max Gardner 
(1929-1933) asked the Board of 
Public Buildings and Grounds to con- 
fer with the McLeans to determine 
the Mansion's needs and the General 
Assembly established a "Special 
Furniture and Equipment Account 
Available for [the] Incoming 
Governor." At the beginning of the 
Gardner administration, the General 
Assembly authorized the State 
Highway Commission to build and 



maintain walkways and drives 
"within the Mansion Square." 
Included in this project was a plan 
for the landscaping of the Mansion 
grounds. The State contracted a 
prominent Philadelphia landscape 
architect, Thomas W. Sears, for the 
work. At Mrs. Gardner's suggestion, 
the exterior woodwork of the house 
was painted brown to blend with the 
sandstone and brickwork. 

Later administrations brought 
further improvements and added 
comforts in order to keep pace with 
the times. An elevator was installed, 
air conditioning units were placed in 
some rooms; and a bomb shelter was 
added during Governor Luther H. 
Hodges' term (1954-1961). Mrs. 
Terry Sanford added many antique 
furnishings during her husband's 
term of office (1961-1965). Although 
the state endeavored to make the 
Mansion functional and livable, the 
legislature appropriated no money 
for major projects. Therefore, in early 

1965, Mrs. Dan K. Moore appointed 
an Executive Mansion Fine Arts 
Committee. In August, she 
announced that Mrs. John Pearce of 
Washington, D.C., the first curator of 
the White House, had been employed 
as consultant to the Fine Arts 
Committee. In November 1965, Mrs. 
Pearce conducted the committee on a 
detailed tour of the Mansion and 
made specific suggestions for each 
room. Following a suggestion of Mrs. 
Pearce, Mrs. Moore and the 
Executive Mansion Fine Arts 
Committee sponsored a tea in June 

1966, to solicit funds for Mansion 
furnishings. Guests received 
brochures listing fine antique and 
reproduction furniture, rugs, and 
accessories suggested for purchase 



26 



North Carolina Manual 



through donations. In 1967 the 
General Assembly officially created 
the Executive Mansion Fine Arts 
Commission (EMFAC) thus perpetu- 
ating the program of the first com- 
mittee. Six years later (1973), the 
General Assembly returned the com- 
mission to its original committee 
form. 

A previously neglected area of 
the Mansion was the central hallway 
at the head of the Grand Staircase. 
Mrs. Moore conceived the idea of fur- 
nishing the area with representative 
pieces in recognition of North 
Carolina as the "furniture capital of 
the world." She contacted manufac- 
turers who, in turn, requested the 
American Institute of Interior 
Designers to plan the area. 
Industries contributed furniture, 
accessories, and services to reappoint 
the hallway as an attractive and 
comfortable living area for the gover- 
nor and his family. Another area of 
receiving special attention was the 
acquisition of a North Carolina col- 
lection of books for the Mansion 
library. Volumes by Tar Heel 
authors as well as books about the 
state and her citizens were acquired 
in the late 1960s. 

A legislative appropriation of 
$58,000 financed renovation of the 
institutional kitchen facilities, pro- 
viding a new food freezer, expansion 
of the food preparation area to the 
basement, and a dumbwaiter-convey- 
or belt system to move trays from the 
first floor. Extension of the garage 
area, landscaping, and lighting of the 
grounds contributed to the efficiency 
and beauty of the Mansion. For 
added security, a decorative brick 
and wrought iron wall was construct- 



ed around the perimeter of Burke 
Square in early 1969. 

Governor Robert W. Scott (1969- 
1973) appreciated the historical sig- 
nificance of the building but felt it 
was time to review the Mansion's 
practical uses. The governor pointed 
out the old cast-iron radiators con- 
trolled by a single thermostat, over- 
loaded electrical circuits, the lack of 
a fire escape, and other hazards 
which needed correction. The front 
entrance hall chandelier which had 
fallen in 1969 (fortunately without 
injuring anyone) aptly illustrated his 
concerns. Because of inadequate 
living conditions in the Mansion, a 
seven-member Executive Residence 
Building Commission was estab- 
lished by the 1971 General Assembly 
to develop and submit plans for a 
new official residence for the chief 
executive. The governor appointed 
an advisory committee including for- 
mer first ladies' state agency heads, 
and the mayor of Raleigh to work 
with the commission. Members of the 
commission traveled to eight other 
states to inspect executive residences 
and mansions and received presenta- 
tions from six architectural firms 
being considered for the project. 
Upon review of the proposed designs 
for a new Executive Mansion, the 
legislature was informed that it 
would be more feasible to renovate 
the Burke Square residence than to 
construct a modern dwelling. 

In May 1973 the General 
Assembly ratified "An Act to 
Appropriate Funds to Renovate the 
Governor's Mansion and to Make It 
Suitable as Both a Public and 
Private Residence for the Governor." 
This act included: 



North Carolina Almanac 27 



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. 

This renovation was the most ed of rare North Carolina heart pine, 

extensive in the history of the Research showed that the wood had 

Executive Mansion. The General originally been varnished and 

Assemblies of 1973 and 1975 appro- stained. An unpainted pine mantel 

priated funds amounting to on the third floor served as a guide 

$845,000. Governor James E. for refinishing the staircase. Also, 

Holshouser, Jr., and his family relin- original carved paneling beneath 

quished use of the Mansion and windows and above doorways was 

moved into a temporary home in the discovered behind false panels which 

Foxcroft suburb of Raleigh for eight were removed in order to keep intact 

months while interior renovations these unique design features, 
were carried out by F. Carter In an effort to save money and 

Williams, a local architectural firm, promote state industry, materials 

Because of the size and complexity of produced within North Carolina 

the project, Marie Sharpe Ham, the were used in the renovation. Brick 

state interior design consultant, and for the stair tower was selected to 

the staff of the Division of Archives match that of the exterior. The 

and History assisted. state's textile industry assisted in 

As work proceeded, it was replacing carpets and draperies. In 

learned that most of the deteriora- addition, individuals and businesses 

tion had been caused by water seep- donated decorative pieces for the 

age within the walls. Portions of the enrichment of the furnishings collec- 

decorative plaster ceilings had to be tion (managed by the Department of 

reconstructed and exterior and inte- Cultural Resources). Mrs. 

rior woodwork repaired or replaced Holshouser later stated, "Our deter- 

with materials removed from else- mination to emphasize North 

where in the Mansion. The Grand Carolina products clearly carries 

Staircase was found to be construct- through the theme that Governor 



28 



North Carolina Manual 



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, Jr. 
(1977-1985) was the first governor of 
this state who was elected to two 
successive four-year terms. The 



Mansion served as an adjunct to his 
Capitol office and served as a regular 
meeting 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 break- 
fast area, and the refurbishing of 
some first and second floor rooms as 
well as a recreation area on the third 
floor. In 1983, an executive guest res- 
idence 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 Almanac 



29 



f 

I! 

Designed by nationally renowned Philadelphia architect Samuel Sloan 
(1815 - 1884) and his assistant Adolphus G. Bauer (1858 - 1898) and 
completed in 1891 under the direction of Colonel William Jackson 
Hicks (1827 - 1911), the Governor's Executive Mansion was completed for a 
total cost of $58,843.01. A North Carolina institution for more than 100 years 
and home to 26 governors and their families, the Mansion was built in the 
"gingerbread" Queen Anne style, but its interior design reflects the Beaux 
Arts style of the 1920s. 

The following pages offer a brief tour of some of the public areas of 
North Carolina's executive residence. Although it remains nearly the same 
as it was when it was completed in 1891, this beautiful home has been pre- 
served and maintained with funds raised by the Executive Mansion Fine 
Arts Committee as well as by the General Assembly. 

On behalf of Governor Hunt and his family, we invite you to visit this 
historical North Carolina landmark and enjoy all that it has to offer. 

Touring information: 

Capital Area Visitor Center 

301 N. Blount St. 

Raleigh, NC 27601 

(919) '733 '3456 



^Ae^iSxeca/we^cMcLnsto/i'^Toc^u/: ^^^ut 




30 



North Carolina Manual 




Entrance Hallway 



This hallway, 76 feet long with 16-foot ceilings, Corinthian 
columns (added in the mid-1920s), and a freestanding 
grand staircase crafted in heart pine, provide a spectacu- 
lar entrance. The crimson and gold carpet, handmade to cele- 
brate the Mansion's centennial, is vibrant with symbols of North 
Carolina history. Also showcased in this beautiful entranceway 
are a baroque revival pier table and ornately carved mirror 
which face a directoire cabinet. A pair of circa 1820 Regency 
sofas from Scotland and portraits of former governors who have 
resided in the mansion also add a distinctive and charming 
quality to this grand space. 



North Carolina Almanac 



31 



The gentlemen's parlor, 
sometimes referred to as 
the south drawing room, 
offers a masculine decor and 
features Chinese Chippendale 
furnishings. The rug, hand- 
made, is designed with corner 
medallions which depict his- 
toric events of the Great State 
of North Carolina, including 
the 1540 De Soto expedition. 
Sir Walter Raleigh's 1585 
attempt at colonization, the 
1795 founding of the first state 
university, and the Wright 
brother's flight of 1903. 




Gentlemen's Parlor 




This ballroom, used for a 
myriad of different 
events, ranging from 
meetings and recitals to din- 
ner parties, contains the origi- 
nal Mansion's Victorian 
mahogany furniture. This ele- 
gant room, symmetrical in 
design, has two fireplaces, a 
pair of Sheffield chandeliers 
and two pairs of mirrors. 



Ballroom 



32 



North Carolina Manual 




Featuring 
stained heart 
pine wood- 
work, handmade 
bookcases with a 
collection of North 
Carolina books, 
comfortable seating 
and a leather-top 
conference table, the 
library offers a quiet 
and relaxed charm. 



Library 



This dining room, for- 
mal and elegant, is 
perfect for receptions 
and meals. The San 
Domingo mahogany banquet 
table can serve up to 24. The 
Austrian crystal chandelier 
with gilded metal and tinted 
prisms adds to this exquisite 
room. 




Dining Room 



North Carolina Almanac 



33 




Ladies' Parlor 

The ladies' parlor , sometimes referred to as the north draw- 
ing room, is furnished gracefully in the light, classical 
manner of the 18th century. This room was redecorated in 
1996 and features new acquisitions to the Mansion collection. 
The furniture consists primarily of southern antiques, except for 
a Louis XrV gilded console table with a green marble top pre- 
sented to honor Mary Duke Biddle Trent Semans, Chairman of 
the Executive Mansion Fine Arts Committee. The chandelier 
and mirror are mates to those found in the gentlemen's parlor. 



A special thanks goes out to Mrs. Hunt and her executive 
assistant, Janice Shearin, for their assistance with providing 
the information and pictures contained in this pictorial. 

The background information contained herein was 
researched in the sixth edition of The Governor's Executive 
Mansiont published by the Executive Mansion Fine Arts 
Committee and The Executive Mansion Fund, Inc. 



34 



North Carolina Manual 



THE MECKLENBURG DECLARATION OF 20TH MAY, 1775* 



OmCERS 



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. Resolved. 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. Resolved. 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. 



North Carolina Almanac 35 

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 hy 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. 



36 



North Carolina Manual 



CHAPTER TWO 



North Carolina Symbols 



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; 



North Carolina Almanac 



37 




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 Gary Rebellion, the 
Albemarle seal was not used. 
Instead, Gary 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, 
RoUos, 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 



38 



North Carolina Manual 



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." 



North Carolina Almanac 



39 



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 



40 



North Carolina Manual 



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. 



North Carolina Almanac 



41 




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 Videri 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 



42 



North Carolina Manual 



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 



North Carolina Almanac 



43 



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 



44 North Carolina Manual 



The State Flag 



The flag is an emblem of antiq- flag" which is symbolic of its own 

uity and has commanded individuality and domestic ideals, 

respect and reverence from The state flag also expresses some 

practically all nations from the earli- particular trait, or commemorates 

est times. History traces it to divine some historical event of the people 

origin, the early peoples of the earth over whom it floats. The flags of most 

attributing to it strange, mysterious, of the states, however, consist of the 

and supernatural powers. Indeed, coat of arms of that state upon a 

our first recorded references to the suitably colored field. It is said that 

standard and the banner, of which the first state flag of North Carolina 

our present flag is but a modified was built on this model but legisla- 

form, are from sacred rather than tive records show that a "state flag" 

from secular sources. We are told was not established or recognized 

that it was around the banner that until 1861. The constitutional con- 

the prophets of old rallied their vention of 1861, which passed the 

armies and under which the hosts of ordinance of secession, adopted a 

Israel were led to believing, as they state flag. On May 20, 1861, the day 

did, that the flag carried with it the secession resolution was adopted, 

divine favor and protection. Col. John D. Whitford, a member of 

Since that time all nations and the convention from Craven County, 

all peoples have had their flags and introduced an ordinance, which was 

emblems, though the ancient super- referred to a select committee of 

stition regarding their divine merits seven. The ordinance stated that the 

and supernatural powers has disap- flag of this State shall be a blue field 

peared from among civilized peoples, with a white V thereon, and a star, 

The flag now, the world over, pos- encircling which shall be the words, 

sesses the same meaning and has a "Sirgit astrum, May 20, 1775." 
uniform significance to all nations Colonel Whitford was made chair 

wherever found. It stands as the of the committee to which this ordi- 

symbol of strength and unity, repre- nance was referred. The committee 

senting the national spirit and patri- secured the aid and advice of 

otism of the people over whom it William Jarl Browne, an artist of 

floats. In both lord and subject, the r^^^^ j^ g^^^^^ prepared and sub- 
ruler and the ruled, it commands ... , , , , ,, . ... , 

, . . , . , . , mitted a model to this committee and 

respect, inspires patriotism, and ^, . , , ^ . ^ ^ ,^ 

4.-n 1 1 i. u It. • J this model was adopted by the con- 

instills loyalty both m peace and . „ ^ ^„ /r.r,. rr,, 

war. In this country we have a ^^^^lon of June 22, 1861. The 

national flag which stands as the Browne model was vastly different 

emblem of our strength and unity as ^^"^ ^^^ original design proposed by 

a nation, a living representation of Colonel Whitford. The law as it 

our national spirit and honor. In appears in the ordinance and resolu- 

addition to our national flag, each of tions passed by the convention is as 

the states in the Union has a "state follows: 



North Carolina Almanac 



45 



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 CaroHna 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. 




The North Carolina State Flag 

(Adopted in 1885) 



46 North Carolina Manual 

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. 



North Carolina Almanac 47 

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 board 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 



48 North Carolina Manual 

point of being completely opposite. Many historians find it difficult to believe 
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. 



North Carolina Almanac 



49 



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" 



50 



North Carolina Manual 



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" 



North Carolina Almanac 
The State Insect 



51 



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. 



52 



North Carolina Manual 



The State Mammal 

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 squirrel 
(Tamiascurus) 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 



North Carolina Almanac 



53 



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). 







^t^ttmmmtttMimmMmtuMmmMMMtiMMtitMimttiMttttiMtititttiiiMttMMitittiiiitittiMttttMi 



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! 



1 1 vrtvi^S^ ^""^xffl weC'^'^^^s;^^'^'^'; j;';S;s^i;^ \x^'^!^^^'^'*'^'^'^'^'^'^'''v^^^y'^>^ft■^j^^'*wwVy^v?'^ "" ^ ^^y'^■^jT^'?- 



OF? 






54 



North Carolina Manual 
The State Salt Water Fish 



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 Shell 

The General Assembly of 1965 designated the Scotch Bonnet (pro- 
nounced honay) 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. 



North Carolina Almanac 



55 




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. 



56 



North Carolina Manual 
The State Reptile 



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. 



North Carolina Almanac 



57 




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. 



58 



North Carolina Manual 



The State Rock 



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 



North Carolina Almanac 



59 



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 



60 



North Carolina Manual 
The State Dog 



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. 




The North Carolina Plott Hound: 
One of Only Four Breeds Known to be of American Origin 



North Carolina Almanac 61 

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 since its declaration of independence and 
until the Act of 1893, the sovereign state of North Carolina had no motto. It 
was one of the few states which did not have a motto and the only one of the 
original 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). 



62 



North Carolina Manual 



The State Song 



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 



William Gaston 
With spirit 



(Traditional air as sung in 1926) 

Collected and arranged 
BY Mrs. E. E. Randolph 



. Car ■ 



j/''4 i 1 1 j i=^^ iE^^m^^$ ^$^^ 



1. Car ■ • li 

2. Tho' she en 



na! Car 
vies not 



3. Theii let all those whcj — ■ 
■_ ■ ^T^^ I * f T^"^- 



li - na! heav en's bless • ings at tend her. 
oth ■ ers, their mer it • ed glo • ry, 

love us, lov^the land that we live in. 



a 



SE= 



11*^ 



)fc*n|?inp 



t 



Whifewe live we will cher ■ ish. pro tect and de ■ fend her. Tlio'the 



m 



While we live we will cher ■ ish. pro tect ar 

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

As hap • py a_^ re • gion as, on this side of heaven^ Wjiere 



a 




r- 



-r 



mmm^ 



^ Hf=F 



-r: 



'm 



jAj j n 



-ITI- 



Wi'^^^^^ 




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



plen • ty and peace, love and joy smile be • fore us. Raise aloud, raise ^o- 



V ?W^ 



i 



Chorus 



i^^ip 




"-^■M 



i «* — ' 



glad ■ ness when ev - er we name her. 

rule a more loy ■ al sub • mis ■ sion. Hur - rah! 

geth - er the heart thnll • ing cho - rus. 



Hur ■ rah! 



the 






T=t^ 



m 



^ V 



rt 



wH j 3 




s 



1- 



.H 



nt. 



^^^h~=* 



-X 



-^-^ 



mm 




Old North State for ■ ev • er. 






Hur ■ rah! 



Hur • rah! the good Old North StaU. 



^ 



a 



North Carolina Almanac 63 



64 



North Carolina Manual 



CHAPTER THREE 



Election District Maps 



U. S. Congressional Districts 



1st District 



2nd District 



3rd District 



4th District - 
5th District - 

6th District - 
7th District - 
8th District - 

9th District - 
10th District 



nth District 



12th District - 



Beaufort (part), Bertie, Bladen (part), Chowan, Columbus (part). 
Craven (part), Cumberland (part), Duplin (part), Edgecombe (part), 
Gates, Greene, Halifax (part), Hertford, Jones (part), Lenoir (part), 
Martin (part), Nash (part). New Hanover (part), Northampton, 
Pasquotank (part), Pender (part), Perquimans, Pitt (part), Vance 
(part), Warren, Washington, Wayne (part), Wilson (part) 

Durham (part), Edgecombe (part), Franklin (part), Granville (part), 
Halifax (part), Harnett, Johnston, Lee, Moore (part), Vance (part), 
Wake (part), Wilson 

Beaufort (part), Camden, Carteret, Craven (part), Currituck, Dare, 
Duplin (part), Hyde, Jones (part), Lenoir (part), Martin (part), 
Onslow (part), Pamlico, Pasquotank (part), Pender (part), Pitt 
(part), Sampson, Tyrrell, Wayne (part) 

Chatham, Orange (part). Wake (part) 

Alleghany, Ashe, Burke (part), Caldwell (part), Caswell, Forsyth 
(part), Granville (part), Person, Rockingham, Stokes, Surry, 
Watauga, Wilkes (part) 

Alamance (part), Davidson (part), Davie (part), Guilford (part), 
Randolph, Rowan (part) 

Bladen (part), Brunswick, Columbus (part), Cumberland (part). New 
Hanover (part), Onslow (part), Pender (part), Robeson (part) 

Anson, Cabarrus, Cumberland (part), Hoke, Iredell (part), 
Mecklenburg (part), Montgomery, Moore (part), Richmond, Robeson 
(part), Rowan (part), Scotland, Stanly, Union 

Cleveland (part), Gaston (part), Mecklenburg (part) 

Alexander, Avery, Buncombe (part), Burke (part), Caldwell (part), 
Catawba, Davie (part), Forsyth (part), Henderson (part), Iredell 
(part), Lincoln, McDowell (part), Mitchell, Polk (part), Rutherford 
(part), Wilkes (part), Yadkin 

Buncombe (part), Cherokee, Clay, Cleveland (part), Graham, 
Haywood, Henderson (part), Jackson, McDowell (part), Macon, 
Madison, Polk (part), Rutherford (part), Swain, Transylvania, 
Yancey 

Alamance (part), Davidson (part), Durham (part), Forsyth (part), 
Gaston (part), Guilford (part), Iredell (part), Mecklenburg (part), 
Orange (part). Rowan (part) 



.a 

(OCM 






2 

c 

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(0 

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5 



5 




66 



North Carolina Manual 



Senate Districts 



1st District - 
2nd District - 

3rd District- 
4th District- 
5th District- 
6th District- 

7th District- 

8th District- 
9th District- 
10th District- 
llthDistrict- 
12th District- 

13th District- 
14th District- 
15th District- 
16th District- 
17th District- 

18th District- 
19th District- 
20th District- 
21st District- 
22nd District- 
23rd District- 
24th District- 
25th District- 
26th District- 
27th District- 
28th District- 
29th District- 

30th District- 

31st District- 
32nd District- 
33rd District- 
34th District- 
35th District- 
36th District- 
37th District- 
38th District- 
39th District- 
40th District- 
41st District- 
42nd District- 



Beaufort (part), Bertie (part), Camden, Chowan, Currituck, Dare, 

Hyde, Pasquotank, Perquimans, Tyrell, Washington (part) 

Bertie (part), Gates, Halifax (part), Hertford, Northampton.Vance 

(part), Warren 

Carteret (part). Craven, Pamlico 

Carteret (part), New Hanover (part), Onslow (part), Pender (part) 

Duplin, Jones (part), Onslow (part), Pender (part), Sampson(part) 

Edgecombe (part), Martin (part), Pitt (part), Washington (part), 

Wilson (part) 

Jones (part), Lenoir (part). New Hanover (part), Onslow (part), 

Pender (part) 

Greene, Lenoir (part), Wayne 

Beaufort (part), Lenoir (part), Martin (part), Pitt (part) 

Edgecombe (part), Halifax (part), Nash, Wilson (part) 

Franklin, Johnston (part), Vance (part), Wilson (part) 

Alleghany, Ashe, Guilford (part), Rockingham, Stokes, Surry, 

Watauga 

Durham, Granville, Person (part), Wake (part) 

Johnston (part). Wake (part) 

Harnett, Johnston (part), Lee (part), Sampson (part) 

Chatham, Lee (part), Moore, Orange, Randolph (part) 

Anson, Hoke (part), Montgomery, Richmond, Scotland, Stanly (part). 

Union 

Bladen (part), Brunswick, Columbus, New Hanover (part) 

Davidson (part), Guilford (part), Randolph (part) 

Forsyth (part) 

Alamance, Caswell, Person (part) 

Cabarrus, Rowan (part), Stanly (part) 

Davidson (part), Iredell (part). Rowan (part) 

Cumberland (part) 

Cleveland (part), Gaston (part), Lincoln (part) 

Catawba,Lincoln (part) 

Alexander,Avery, Burke (part),Caldwell,Mitchell,Wilkes,Yadkin 

Buncombe (part), Burke (part),McDowell, Madison, Yancey 

Haywood (part), Henderson (part), Jackson (part), Macon (part), 

Swain, Transylvania (part) 

Bladen (part), Cumberland (part), Hoke (part), Robeson, Sampson 

(part) 

Guilford (part) 

Guilford (part) 

Mecklenburg (part) 

Lincoln (part), Mecklenburg (part) 

Mecklenburg (part) 

Wake (part) 

Cleveland (part), Rutherford 

Davidson (part), Davie, Forsyth (part), Rowan (part) 

Gaston (part), Iredell (part), Lincoln (part) 

Mecklenburg (part) 

Cumberland (part) 

Bumcombe (part), Cherokee, Clay, Graham, Haywood, Henderson 

(part), Jackson (part), Macon (part), Polk, Transylvania (part) 



.a 

^ is 
O 




68 



North Carolina Manual 



House Districts 



1st District - 
2nd District - 
3rd District - 
4th District - 
5th District - 
6th District - 

7th District - 
8th District - 
9th District - 
10th District ■ 
11th District - 
12th District - 
13th District - 
14th District ■ 

15th District - 
16th District ■ 

17th District ■ 
18th District ■ 
19th District ■ 
20th District ■ 
21st District - 
22nd District 

23rd District - 
24th District ■ 
25th District - 
26th District ■ 
27th District - 
28th District - 
29th District - 
30th District - 
31st District - 
32nd District 
33rd District ■ 
34th District ■ 
35th District • 
36th District ■ 
37th District - 
38th District • 
39th District - 
40th District ■ 
41st District - 
42nd District 
43rd District ■ 
44th District - 
45th District ■ 
46th District ■ 
47th District - 
48th District ■ 
49th District ■ 
50th District - 



Camden, Currituck, Pasquotank, Perquimans (part) 

Beaufort, Craven (part), Hyde, Pitt (part) 

Craven (part), Pamlico (part) 

Carteret, Onslow (part) 

Bertie (part). Gates, Hertford (part), Northampton 

Bertie (part), Hertford (part), Martin (part), Pitt (part), Washington 

(part) 

Edgecombe (part), Halifax (part), Martin (part), Nash (part) 

Edgecombe (part), Greene (part), Martin (part), Pitt (part) 

Greene (part), Pitt (part) 

Duplin (part), Jones (part), Onslow (part) 

Lenoir (part), Wayne (part) 

Onslow (part), Pender (part), Sampson (part) 

New Hanover (part) 

Brunswick (part), Columbus (part), New Hanover (part), Robeson 

(part) 

Wake (part) 

Cumberland (part), Hoke (part), Moore (part), Robeson (part), 

Scotland (part) 

Cumberland (part) 

Cumberland (part) 

Harnett, Lee, Sampson (part) 

Franklin (part), Johnston (part), Nash (part) 

Wake (part) 

Franklin (part), Granville (part), Halifax (part), Person, Vance 

(part), Warren (part) 

Durham (part) 

Chatham (part). Orange (part) 

Alamance, Caswell, Orange (part), Rockingham (part) 

Guilford (part) 

Davidson (part), Guilford (part) 

Guilford (part) 

Guilford (part) 

Chatham (part), Guilford (part), Randolph (part) 

Moore (part) 

Montgomery (part), Richmond, Scotland (part) 

Anson, Montgomery (part), Stanly (part) 

Union (part) 

Rowan (part) 

Mecklenburg (part) 

Davidson (part) 

Guilford (part), Randolph (part) 

Forsyth (part) 

Alleghany, Ashe, Stokes, Surry, Watauga 

Alexander (part), Wilkes, Yadkin 

Iredell (part) 

Catawba (part), Iredell (part) 

Gaston (part), Lincoln (part) 

Catawba (part), Gaston (part), Lincoln (part) 

Avery, Burke (part), Caldwell (part), Catawba (part), Mitchell 

Burke (part) 

Cleveland, Gaston (part), Polk (part), Rutherford 

Burke (part), McDowell, Yancey 

Henderson (part), Polk (part) 



IS 

.a 
S 

*^ s 
So 

I 




70 



North Carolina Manual 



51st District - 
52nd District 
53rd District - 
54th District ■ 
55th District ■ 
56th District - 
57th District - 
58th District - 
59th District ■ 
60th District ■ 
61st District - 
62nd District 
63rd District ■ 
64th District ■ 
65th District - 
66th District - 
67th District - 
68th District - 
69th District - 
70th District - 
71st District - 
72nd District 
73rd District ■ 
74th District - 
75th District - 
76th District - 
77th District - 
78th District - 
79th District ■ 
80th District - 
81st District - 
82nd District 
83rd District ■ 
84th District - 
85th District - 
86th District - 
87th District ■ 
88th District - 
89th District - 
90th District - 
91st District - 
92nd District 
93rd District - 
94th District - 
95th District - 
96th District - 

97th District - 
98th District - 



Buncombe (part) 

Graham, Haywood, Jackson (part), Madison, Swain 

Cherokee, Clay, Jackson (part), Macon 

Mecklenburg (part) 

Mecklenburg (part) 

Mecklenburg (part) 

Mecklenburg (part) 

Mecklenburg (part) 

Mecklenburg (part) 

Mecklenburg (part) 

Wake (part) 

Wake (part) 

Durham (part). Wake (part) 

Wake (part) 

Wake (part) 

Forsyth (part) 

Forsyth (part) 

Buncombe (part), Henderson (part), Transylvania 

Mecklenburg (part) 

Edgecombe (part), Nash (part), Wilson (part) 

Edgecombe (part), Nash (part), Pitt (part), Wilson (part) 

Nash (part), Wilson (part) 

Forsyth (part), Rockingham (part) 

Davidson (part), Davie 

Cumberland (part) 

Gaston (part), Mecklenburg (part) 

Greene (part), Lenoir (part), Wayne (part) 

Granville (part), Vance (part), Warren (part) 

Craven (part), Jones (part), Lenoir (part), Pamlico (part) 

Onslow (part) 

Cabarrus (part). Union (part) 

Cabarrus (part), Stanly (part). Union (part) 

Rowan (part) 

Forsyth (part), Guilford (part) 

Hoke (part), Robeson (part) 

Chowan, Dare, Perquimans (part), Tyrrell, Washington (part) 

Hoke (part), Robeson (part), Scotland (part) 

Forsyth (part) 

Guilford (part) 

Cabarrus (part) 

Alexander (part), Caldwell (part), Catawba (part) 

Durham (part). Wake (part) 

Gaston (part), Mecklenburg (part) 

Davidson (part), Randolph (part) 

Johnston (part) 

Bladen, Cumberland (part). New Hanover (part), Pender (part), 

Sampson (part) 

Duplin (part), Sampson (part), Wayne (part) 

Brunswick (part), Columbus (part), New Hanover (part), Pender 

(part) 



North Carolina Almanac 



71 



North Carolina Superior Court Districts 













Superior 






Judicial 


Court 


Number of 


Division 


District 


Counties Resident 


Judges 


First 


1 


Camden, Chowan, Currituck, Dare, 
Gates, Pasquotank, Perquimans 


2 




2 


Beaufort, Hyde, Martin, Tyrrell, 
Washington 


1 




3A 


Pitt 


2 




3B 


Carteret, Craven, Pamlico 


2 




4A 


Duplin, Jones, Sampson 


1 




4B 


Onslow 


1 




5 


New Hanover, Pender 


3 




6A 


Halifax 


1 




6B 


Bertie, Hertford, Northampton 


1 




7A 


Nash 


1 




7B 


Wilson (part), Edgecombe (part) 


1 




7C 


Wilson (part), Edgecombe (part) 


1 




8A 


Lenoir, Greene 


1 




8B 


Wayne 


1 


Second 


9 


Franklin, Granville, Vance, Warren 


2 




9A 


Person, Caswell 


1 




lOA 


Wake (part) 


2 




lOB 


Wake (part) 


2 




IOC 


Wake (part) 


1 




lOD 


Wake (part) 


1 




llA 


Harnett, Lee 


1 




IIB 


Johnston 


1 




12A 


Cumberland (part) 


1 




12B 


Cumberland (part) 


1 




12C 


Cumberland (part) 


2 




13 


Bladen, Brunswick, Columbus 


2 




14A 


Durham (part) 


1 




14B 


Durham (part) 


3 




15A 


Alamance 


2 




15B 


Orange, Chatham 


1 




16A 


Scotland, Hoke 


1 




16B 


Robeson 


2 


Third 


17A 


Rockingham 


2 




17B 


Stokes, Surry 


2 




18A 


Guilford (part) 


1 




18B 


Guilford (part) 


1 




18C 


Guilford (part) 


1 




18D 


Guilford (part) 


1 




18E 


Guilford (part) 


1 




19A 


Cabarrus 


1 




19B 


Montgomery, Randolph 


1 




19C 


Rowan 


1 




20A 


Anson, Moore, Richmond 


2 



72 



North Carolina Manual 



North Caroun a Superior Court Districts (cont.) 





Superior 










Judicial 


Court 




Number of 


Division 


District 


Counties 


Resident 


Judges 


Third (cont.) 


20B 


Stanly, Union 




2 




21A 


Forsyth (part) 




1 




2 IB 


Forsyth (part) 




1 




21C 


Forsyth (part) 




1 




21D 


Forsyth (part) 




1 




22 


Alexander, Davidson, Davie, Iredell 


2 




23 


Alleghany, Ashe, Wilkes, Yadkin 


1 


Fourth 


24 


Avery, Madison, Mitchell 
Yancey 


Watauga, 


1 




25A 


Burke, Caldwell 




2 




25B 


Catawba 




2 




26A 


Mecklenburg (part) 




2 




26B 


Mecklenburg (part) 




2 




26C 


Mecklenburg (part) 




2 




27A 


Gaston 




2 




27B 


Cleveland, Lincoln 




2 




28 


Buncombe 




2 




29 


Henderson, McDowell, 
Polk, Rutherford, 
Transylvania 




2 




30A 


Cherokee, Clay, Graham, 
Swain 


Macon, 


1 




SOB 


Haywood, Jackson 




1 



(3 en 

(Q o 




I 

is 

> 

I 



74 



North Carolina Manual 



North Carolina District Court Districts 



District 



Counties 



No. Judges 



2 

3A 

3B 

4 

5 

6A 

6B 

7 

8 

9 

9A 

9B 

10 

11 

12 

13 

14 

15A 

15B 

16A 

16B 

17A 

17B 

18 

19A 

19B 

19C 

20 

21 

22 

23 

24 

25 

26 

27A 

27B 

28 

29 

30 



Camden, Chowan, Currituck, 4 
Dare, Gates, Pasquotank, Perquimans 

Martin, Beaufort, Tyrrell, Hyde, Washington 3 

Pitt 3 

Craven, Pamlico, Carteret 4 

Sampson, Duplin, Jones, Onslow 6 

New Hanover, Pender 6 

Halifax 2 

Northampton, Bertie, Hertford 3 

Nash, Edgecombe, Wilson 6 

Wayne, Greene, Lenoir 5 

Granville, Vance (part), Franklin 4 

Person, Caswell 2 

Warren, Vance (part) 1 

Wake 12 

Harnett, Johnston, Lee 6 

Cumberland 6 

Bladen, Brunswick, Columbus 4 

Durham 5 

Alamance 3 

Orange, Chatham 3 

Scotland, Hoke 2 

Robeson 5 

Rockingham 2 

Stokes, Surry 3 

Guilford 10 

Cabarrus 3 

Montgomery, Randolph 3 

Rowan 3 

Stanly, Union, Anson, Richmond, Moore 6 

Forsyth 7 

Alexander, Davidson, Davie, Iredell 7 

Alleghany, Ashe, Wilkes, Yadkin 3 

Avery, Madison, Mitchell, Watauga, Yancey 3 

Burke, Caldwell, Catawba 7 

Mecklenburg 14 

Gaston 5 

Cleveland, Lincoln 4 

Buncombe 5 

Henderson, McDowell, Polk, 5 
Rutherford, Transylvania 

Cherokee, Clay, Graham, Haywood, Jackson, 4 
Macon, Swain 



V) 


<«*• 


o 




^ 


<*M 


.<« 




Q 


t: 


^J5 


PS 


O^ 


■h-r**^ 


trie 

ary 


^ n 


•^ c 


Q^ 


g^ 


:^ (0 


o" 


^ 


5 


^ 


t: 


o 


^ 




76 



North Carolina Manual 



North Carolina Prosecutorial Districts 











Prosecutorial 




#ofl'HiU.'l'ime 


District 


Counties 


Asst. D. A.S 


1 


Camden, Chowan, Currituck, Dare, 
Pasquotank, Perquimans 


Gates, 


8 


2 


Beaufort, Hyde, Martin, Tyrrell, Washington 


4 


3A 


Pitt 




7 


3B 


Carteret, Craven, Pamlico 




6 


4 


Duplin, Jones, Onslow, Sampson 




10 


5 


New Hanover, Pender 




9 


6A 


Halifax 




3 


6B 


Bertie, Hertford, Northampton 




3 


7 


Edgecombe, Nash, Wilson 




10 


8 


Greene, Lenoir, Wayne 




8 


9 


Franklin, Granville, Vance, Warren 




8 


9A 


Person, Caldwell 




2 


10 


Wake 




20 


11 


Harnett, Johnston, Lee 




10 


12 


Cumberland 




12 


13 


Bladen, Brunswick, Columbus 




6 


14 


Durham 




9 


15A 


Alamance 




6 


15B 


Orange, Chatham 




5 


16A 


Scotland, Hoke 




3 


16B 


Robeson 




7 


17A 


Rockingham 




4 


17B 


Stokes, Surry 




4 


18 


Guilford 




18 


19A 


Cabarrus 




4 


19B 


Montgomery, Randolph 




5 


19C 


Rowan 




4 


20 


Anson, Moore, Richmond, Stanly, Union 


12 


21 


Forsyth 




12 


22 


Alexander, Davidson, Davie, Iredell 




11 


23 


Alleghany, Ashe, Wilkes, Yadkin 




4 


24 


Avery, Madison, Mitchell, Watauga, 


Yancey 


3 


25 


Burke, Caldwell, Catawba 




11 


26 


Mecklenburg 




24 


27A 


Gaston 




8 


27B 


Cleveland, Lincoln 




5 


28 


Buncombe 




8 


29 


Henderson, McDowell, Polk, 
Rutherford, Transylvania, 




8 


30 


Cherokee, Clay, Graham, 
Ha3rwood, Jackson, Macon, Swain 




6 


The maps in 


this section were printed from information supplied by the 


North Carolina Institute of Government, UNC - 


Chapel Hill. 





.a 

•Is 

Of 

§1 

g" 

(3 




78 North Carolina Manual 



CHAPTER FOUR 



Senior Elected Officials: A Photo Album 



Council of State 

Governor James B. Hunt, Jr. 

Lieutenant Governor Dennis A. Wicker 

Secretary of State Rufus L. Edmisten 

State Auditor Ralph Campbell, Jr. 

State Treasurer Harlan E. Boyles 

Superintendent of Public Instruction Bob R. Etheridge 

Attorney General Mike Easley 

Commissioner of Agriculture James A. Graham 

Commissioner of Labor Harry E. Payne, Jr. 

Commissioner of Insurance James E. Long 



President Pro Tempore of the North Carolina Senate 

Marc Basnight 



Speaker of the North Carolina House of Representatives 

Harold J. Brubaker 



Chief Justice of the North Carolina Supreme Court 

Burley B. Mitchell, Jr. 



Chief Judge of the North Carolina Court of Anneals 

S. Gerald Arnold 



North Carolina Almanac 



79 




Governor James B. Hunt, Jr. 



North Carolina Manual 




Lieutenant Governor Dennis A. Wicker 



North Carolina Almanac 



81 




Secretary of State Rufus L Edmisten 



82 



North Carolina Manual 




State Auditor Ralph Campbell 



North Carolina Almanac 



83 




State Treasurer Harlan E. Boyles 



84 



North Carolina Manual 




Superintendent of Public Instruction Bob R. Etheridge 



North Carolina Almanac 



85 




Attorney General Mike Easley 



86 



North Carolina Manual 




Commissioner of Agriculture James A. Graham 



North Carolina Almanac 



87 




Commissioner of Labor Harry E. Payne, Jr. 



88 



North Carolina Manual 




Commissioner of Insurance James E. Long 



North Carolina Almanac 




President Pro Tempore Marc Basnight (N.C. Senate) 



90 



North Carolina Manual 




Speaker of the House Harold J. Brubaker (N.C. House) 



North Carolina Almanac 



91 




Chief Justice Burley B. Mitchell, Jr. (N.C. Supreme CtJ 



92 



North Carolina Manual 




Chief Judge S. Gerald Arnold (N.C. Court of Appeals) 



North Carolina Almanac 93 



President of the United States 
William J. (Bill) Clinton 

and 



Vice President of the United States 
Albert Gore, Jr. 



94 



North Carolina Manual 




President William J. (Bill) Clinton 



North Carolina Almanac 



95 




W- 








Vice President Albert Gore, Jr. 



96 North Carolina Manual 



WOMEN 



OF T 



A [A 




EMBLY 



Leadership With a New Pers 




hM 




ii'ol Hammerstein 



Copvi 



98 



North Carolina Manual 



It" 



llf 



Acknowledgements 



Several people gave invaluable assistance in 
the creation of this publication. Lisa Marcus 
first conceived of the need for this research, 
and expertly edited early drafts of the piece. 
Thanks to Ed Carr, for his input on the content and 
the photography included in the article; and to 
Linda Wise, for research guidance. Thanks also to 
Steve Massengill of the Division of Archives and 
History for his help in locating photographs. 
Finally, many thanks to my mother, Berta 
Hammerstein, for showing me what women can do. 



Carol Hammerstein 



g^ 



1 



Thanks to the Division of Archives and History 
for the cover photograph of Lillian Exum Clement. 



Women of the North Carolina General Assembly 99 



Foreword 

Essential to an understanding of the history of North Carohna is an 
appreciation of the contribution of women to our social and political 
institutions. For this reason we have found it appropriate to examine 
the history of women in our state's most essential and democratic institution, 
the North Carolina General Assembly. 

This history may pleasantly surprise the reader, who will find that North 
Carolina was the first southern state to send a woman to its state legislature, 
this just months after women were first guaranteed the right to vote. Over 
the years, a total of 102 women have served in the General Assembly. In the 
latest election, in November of 1994, 28 of the 120 legislators elected were 
women. The following article recounts the story of how we got from there to 
here — from then to now. 

Lillian Exum Clement, the first woman to serve in the North Carolina 
General Assembly, is pictured on the front cover. Her story is an inspiring 
example of the spirit of freedom, strength, and courage that abounds in the 
history of our state. She began a tradition of dedication and reform that is 
still displayed by the women of the General Assembly today. The impact of 
these women on our political system represents significant progress toward 
the goal of a democracy that includes participation of all people, regardless of 
race, sex, creed or color. 



100 North Carolina Manual 



Women of the North Carolina General Assembly 101 



Women of the North Carolina General Assembly 
Leadership with a New Perspective 



The story of women in the General 
Assembly begins in the highlands of North 
Carolina in 1894, when a baby girl was 
born to George W. and Sarah Elizabeth 
Burnette Clement. The child, Lillian Exum 
Clement, lived in a rural mountain home 
and studied in a one-room schoolhouse in 
Black Mountain, North Carolina until she 
was thirteen. When her father was asked 
to help build George Vanderbilt's famous 
Biltmore House, the family moved to 
Asheville, where Clement finished high 
school and studied at Asheville Business 
College. 

Clement was determined to study law, 
an unusual choice for women at the time. 
She took a job as a sheriffs deputy and 
studied at night with private tutors. After 
earning one of the highest scores on the 
bar exam among 70 students, she quickly 
established herself as a capable criminal 
lawyer, the first female attorney in North 



X 


m^^^^^^^ 


/ 


m^-^ 


^ 




w 1 


1 ^ 


L f 


'J A 



Lillian Exum Clement 

First Woman in the 

North Carolina 

General Assembly, 1921 

Division of Archives and History 



Carolina without male partners. i 

This was not to be the only "first" to the credit of Lilhan Exum Clement. 
In 1920, as the debate over women's suffrage raged, the Democratic Party in 
Buncombe County asked the 26-year-old to run for a seat in the North 
Carolina House of Representatives. In a time when women were expected to 
be seen and not heard in public life — and were not even seen on the floor of 
the General Assembly — Clement accepted the challenge. She beat two male 
opponents in the primary election before the Equal Suffrage Amendment had 
passed. As the Democratic candidate in a traditionally one-party state, 
Clement sailed through the general election. She was elected to the 1921 
General Assembly by a margin of 10,368 to 41 in an all-male ballot.2 Thus, 
Clement became the first woman to serve in the North Carolina General 
Assembly and, indeed, the first woman to serve in any state legislature in the South. 

Clement said of her experience running for office: "I was afraid at first 
that men would oppose me because I am a woman, but I don't feel that way 
now. I have always worked with men, and I know them as they are. I have no 
false illusions or fears of them... I am by nature, very conservative. But I am 
firm in my convictions. I want to blaze a trail for other women. I know that 
years from now there will be many other women in politics, but you have to 
start a thing. "3 



102 North Carolina Manual 



Female Firsts in the North Carolina General Assembly 

First Female Representative Lillian Exum Clement, Buncombe Co., 1921 

First Female Senator Gertrude Dills McKee, Jackson Co., 1931 

First Republican Female Legislator Thelma R. Fisher, Transylvania Co., 1955 

First African-American Female Legislator Alfreda J. Webb, Guilford Co., 1971 

First Female House Minority Leader Betsy Lane Cochrane, Davie Co., 1985 

First Female Speaker Pro Tempore Marie W. Colton, Buncombe Co., 1991 

First Female Senate Minority Leader Betsy Lane Cochrane, Davie Co., 1995 



And "start a thing" Clement did. Throughout the South w^omen began to 
win election to public office. In the North Carolina General Assembly, 
Clement w^as follov^ed by Charlotte attorney Julia McGehee Alexander in 
1925, and Carrie Lee McLean, also an attorney from Charlotte, in 1927.4 (See 
page 17 for a complete list of w^omen who have served in the North Carolina 
General Assembly.) 

Although progress was slow for female politicians in this state, by 1995 
101 women had served in the General Assembly. The early women were pio- 
neers in politics, sacrificing the security of traditional female roles to make 
their voices heard. With a desire for social reform and an activism born out of 
frustration, the women entered an all-male world to try to make their mark. 
How successful were their efforts? Has the entrance of women into the politi- 
cal institutions of North Carolina made a difference in public policy? Tracing 
the history of women in the General Assembly — their motives for seeking 
office, the causes they supported, their failures and their successes — may 
answer those questions. An examination of their work in the state legislature 
will show that women have indeed influenced public policy, and that their 
influence has benefited not only the female citizens of the state, but all North 
Carolinians. 

Before women could win public office in North Carolina they had to win 
the right to vote. This detail did not keep Helen Morris Lewis from running 
for water superintendent in Asheville in 1899. ^ Had Lewis won, the right of 
women to hold office may have been challenged in the courts, as it was years 
later in 1915, when Governor Locke Craig appointed a woman as notary pub- 
lic. The North Carolina Supreme Court disallowed the appointment, stating 
that only voters could hold public office, therefore women were ineligible. ^ 

By 1915 many North Carolina women were joining the national move- 
ment for women's suffrage. Fulfilling traditional roles as mothers and care- 
takers in society, women had been volunteering many hours in service orga- 
nizations attacking social problems like child labor, alcohol abuse, poverty 
and illiteracy. Frustrated with their lack of influence over policy on these 
issues, they joined the fight for an essential tool — the ballot. Members of the 
thriving prohibitionist movement eagerly added their numbers to the fight 
for suffrage. Women's Christian Temperance Union president T. Adelaide 



Women of the North Carolina General Assembly 103 

Goodno explained that while prohibition activists had once relied on 
"entreaties and prayers", they were now ready to fight for the vote as a step 
toward prohibition^ 

On several occasions the General Assembly considered enfranchising 
women, but the proposals never passed. Anti-suffragist legislators argued 
that giving women the vote would destroy the home, and that women were 
too good to "soil their skirts in politics".*^ Furthermore, some feared that 
allowing women to vote would jeopardize white dominance, because they pre- 
dicted that black women would vote while white women would not. "The 
women of North Carolina, fully alive to the danger which threatens white 
supremacy, have organized a branch of the Southern League for the 
Rejection of the Susan B. Anthony Amendment," wrote Mary Hilliard 
Hinton, president of the new anti-suffrage organization. 9 

The amendment that Hinton so feared had been submitted to the states 
by Congress in June of 1919. It read: "The right of citizens of the United 
States to vote shall not be denied or abridged by the United States or by any 
state on account of sex."io By making women voters, this amendment would 
also make them eligible for public office in North Carolina. 

In 1920, the North Carolina General Assembly was put on the spot. The 
ratification of just one more state would add the right of equal suffrage to the 
Constitution, and the issue had come to the floor of the General Assembly. 
When North Carolina failed to ratify the amendment after an intense debate, 
the Tennessee legislature accepted the honor. On August 26, 1920, every 
American woman was guaranteed the right to vote.n 

It was in this setting that Clement took the oath of office in 1921, to 
become the first female legislator in North Carolina. Determined to make the 
most of her term, Clement introduced 17 bills, 16 of which are now law. One 
of her proposals established private voting booths and secret ballots, reforms 
that are now taken for granted. Although her own party initially opposed the 
bill, insistent public pressure provided the incentive for the legislature to 
vote the bill into law. 12 

Another of Clement's bills amended legislation so that divorce was 
attainable after five years of abandonment, a reduction from the ten years 
that was previously required. Thus, Clement began a process of reform that 
made divorce less devastating for women. 13 

In an incident that clearly demonstrates Clement's fortitude, the young 
legislator spoke at a rally in support of a home for unwed mothers. A crowd 
of antagonists, who disapproved of a woman speaking on behalf of the "fall- 
en" members of her sex, showed their indignation by pelting Clement with 
eggs and rotten fruit. Clement stood quietly until allowed to speak, and then 
said, "Tonight I am reminded of a time long ago by a city gate, when the 
weapons of the people, who had passed judgment on a woman, were not eggs 
but hard stones. It is not for you nor me to condemn nor to cast the first 
stone. Rather to render aid to the unfortunate so they may also go their way 
and sin no more."!^ 

Clement chose not to run for reelection. She directed the State Hospital 
at Morganton and founded the Asheville Business and Professional Women's 



104 



North Carolina Manual 




Division of Archives and History 

Julia McGehee Alexander, 

above, was the second woman 
elected to the North Carolina 
General Assembly in 1925. 
During her term she fought the 
teaching of evolution in public 
schools. Carrie Lee McLean, 
below, challenged and beat 
Alexander on a platform of 
support for the teaching of evo- 
lution and freedom of speech. 
McLean became the third 
woman elected to the General 
Assembly in 1927. 

Mecklenburg Bar Association photo 




Club before she died, only 31 years old, 
leaving her mark on the legislature and on 
North Carolina, and leaving a high stan- 
dard of activism and reform for her female 
successors in the General Assembly. 

It was a standard that the women leg- 
islators would work toward ceaselessly in 
years to come. But despite a shared spirit of 
activism, despite sharing the same profes- 
sion and the same hometown, the second 
and the third female legislators were drawn 
into an intense conflict — on opposing 
sides. 

Julia Alexander, a Charlotte attorney, 
had written a book of biographical sketches 
of the mothers of several historical figures 
before beginning her stint in politics. In 
the foreword she wrote: "History has 
accorded the mother scant recognition; her 
biography has seldom been written... it is 
an established fact that behind the life of 
many great men — and the secret of his 
notable career — has been the influence of 
a great mother which has molded his char- 
acter and stimulated him to high endeav- 
or. "i^ Armed with this confidence in 
women's potential, Alexander made her 
venture into politics. In 1925, Mecklenburg 
County sent the second woman to the 
North Carolina General Assembly. 

In the meantime, on the heels of the 
women's suffrage movement, the great evo- 
lution debate had come to North Carolina. 
In 1920, Wake Forest College professor 
William Louis Poteat faced calls for his dis- 
missal because he was teaching Charles 
Darwin's theory of evolution. A movement 
quickly arose as churches, citizens and com- 
munity leaders organized with the objective 
of eliminating the teaching of evolution 
from public schools and promoting the 
study of the Bible. i6 In 1924, Governor 
Cameron Morrison contributed to the move- 
ment by banning two evolution textbooks. 

During the 1925 session of the 
General Assembly, Representative D. Scott 
Poole introduced a bill to prohibit the 



Women of the North Carolina General Assembly 105 




Gertrude Dills McKee 

First Woman in the 
North Carolina Senate, 1931 

Division of Archives and Histoiy 



teaching of evolution in public schools, with 
Representative Julia Alexander as a key sup- 
porter. Alexander is reported to have said 
that the Bible is a "supernatural book and 
that she believed it from cover to cover. Miss 
Alexander declared that she would be afraid 
to return to Mecklenburg if she voted against 
the Poole Bill."i7 

The bill failed, 67 to 46, but Alexander 
continued her activism by becoming secretary 
of the Committee of One Hundred, which 
demanded the elimination of "antichristian 
doctrines" in public schools. The Committee 
was discredited when publicity reflected 
rowdy behavior and sensationalism by some 
of the activists, but evolution was still a 
salient issue in the 1926 state legislative pri- 
maries. Alexander was challenged by a noted 
Charlotte attorney who had publicly con- 
demned the Committee's efforts. This attor- 
ney happened to be a woman. 

Most of the candidates who opposed the 
teaching of evolution were defeated in the primaries that year, and 
Alexander's race was no exception. Carrie McLean defeated the second 
female state representative to become the third. McLean, who believed the 
Committee of One Hundred's work threatened free speech, helped thwart the 
movement during her term by voting against the second Poole bill. 
Alexander, for her part, continued her anti-evolution efforts by publishing a 
periodical entitled The Fundamentalist. is 

As demonstrated by Alexander and McLean, the women in the General 
Assembly would not always see eye to eye. However, nearly all of them would 
continue to focus on reform. Though their numbers for several decades would 
be too few to enact legislation without the support of many of the male legis- 
lators, they were able to thrust issues into debate time and again. 19 

In the 1930s the legislative leadership named two women to head the 
Public Welfare Committees. One of them was Gertrude Dills McKee of 
Jackson County, who was, in 1931, the first woman in the North Carolina 
Senate. An advocate for children and the poor, McKee introduced legislation 
regulating the employment of children, making school attendance compulso- 
ry, and punishing mothers for abandonment. She also sponsored a bill pro- 
viding social security assistance for the needy, and another regulating beer 
and wine. 

Lily Morehead Mebane of Rockingham County, a member of the promi- 
nent Morehead family, also began her service in 1931. From the House of 
Representatives, she joined McKee's efforts to regulate alcohol. She also 
sponsored legislation that created a state institution for, in the words of the 
bill, "delinquent colored girls". Mebane proposed setting aside a week in 
March as "National Business Women's Week", presumably an action that 



106 



North Carolina Manual 




Grace Taylor Rodenbough 

Served seven terms in the 
General Assembly, 1953 to 1966. 



would not have occurred to an all- 
male assembly. 

In the 1940s, the emphasis of the 
legislation introduced by women 
turned from alcohol prohibition to 
education. This legislation included 
bills that set the school term at nine 
months, set a minimum monthly 
salary for teachers, established a 
school repair fund for poor counties, 
and created a vocational school for 
veterans. Two representatives from 
Mecklenburg County, Jennie Grier 
Craven and Susan Graham Ervin, 
worked together closely in 1949, co- 
sponsoring at least five pieces of leg- 
islation. One of their bills awarded 
scholarships to students planning to 
teach. Ervin co-sponsored a bill creat- 
ing the Southern State Regional 
Educational Compact, which affiliated the southern states for the purpose of 
providing quality higher education. 

The 1950s produced the first woman to make an enduring career of leg- 
islative service, Grace Taylor Rodenbough of Stokes County. Rodenbough's 
seven-term career stretched from 1953 to 1966, during which time she cham- 
pioned several causes including education reform and historical projects. She 
co-sponsored bills to provide funds for the restoration of historic sites and for 
the construction of a new Archives and History Building in Raleigh. 

Also in the 1950s, the first Republican woman served in the General 
Assembly. Governor Luther H. Hodges appointed Thelma R. Fisher of 
Transylvania to replace her ailing husband for the 1955-56 session. The prac- 
tice of appointing a woman to replace a husband who was ill or deceased had 
become popular at this time. Such a legislator was expected to vote as her 
husband would have. However, several women who were appointed this way, 
like lona Hargett Collier and Patricia Stanford Hunt, went on to win election 
and serve additional terms in their own right. 

Until the 1960s, a woman elected to the General Assembly was an excep- 
tion, more a curiosity than a political trend. Only thirteen women had served 
from 1921 to 1959, most for only one or two terms. But eleven women began 
legislative careers in the 1960s, nearly four times as many as in the 1950s. 
Though this still accounted for only 1.3 percent of the membership, it was the 
beginning of an upward trend. 

While the women legislators of the 1960s continued to work for reform in 
the traditional areas, the changing times brought new issues into debate. 
Rodenbough and Caredwyn T. Phelps joined many of the male legislators in 
asking the president and Congress to "steer the use of nuclear and atomic 
energy toward peaceful purposes." Martha Evans, a senator from 



Women of the North Carolina General Assembly 107 




Alfreda Johnson Webb, above, 
was the first African-American 
woman appointed to the General 
Assembly in 1971. Webb was 
appointed after the close of the ses- 
sion, so the first African-American 
woman to serve in the General 
Assembly was Annie Brown 



Mecklenburg, proposed an increase in the 
minimum wage. In 1967, Geraldine Nielson 
of Forsyth County was the first Repubhcan 
woman elected to the Senate after she criti- 
cized Governor Dan K. Moore's administra- 
tion for pressuring state employees for cam- 
paign contributions. During her two terms, 
Nielson worked for election reform, educa- 
tion, and civil rights. Playing a leading role 
in a historical event, she put her name on 
legislation that deleted the school segrega- 
tion provision from the North Carolina 
Constitution. 

The women legislators gently pushed 
for women's rights in the 1960s. All five 
women in the House came together to co- 
sponsor a 1963 bill entitled "an act to pro- 
vide equal compensation and promotions for 
men and women employed in state govern- 
ment." The bill failed, but the women and 
some of the male legislators continued to 
promote equal rights. In 1965, Evans and 
another senator co-sponsored legislation 
creating the North Carolina Commission on 
Education and Employment of Women. 
Although these proposals showed the 
women legislators to be supportive of wom- 
en's rights, they were modest proposals, 
commingled with dozens of bills on other 
subjects. The women's movement was still 
young; it would not be until the following 
decade that the battle for women's rights 
would come to the forefront in North 
Carolina. 

If the decade of the 1960s showed an 
improvement in women's representation, 
the decade of the 1970s was phenomenal. In 
1971, only three women served in the General Assembly, less than two per- 
cent of the membership. By 1977, the number of women had swelled to 24. 
Fourteen percent of the General Assembly was now female. By the end of the 
decade, a woman in the legislature was no longer a curiosity. 

These successes, however, did not apply to African-American women, 
who had not even consistently been allowed to vote in the South until the 
passage of the 1965 Voting Rights Act — much less hold office. In 1971, 
Governor Robert W. Scott appointed the first African-American woman to 
the North Carolina House of Representatives. Alfreda Johnson Webb of 
Guilford County taught college math and biology and was the first African- 
American female veterinarian. Unfortunately, she never had the chance to 




108 



North Carolina Manual 



serve in the assembly, having been appointed after the close of the session 
and losing her bid for re-election to the next term. 

It was not until 1979 that another African-American woman was 
appointed, this time by Governor James B. Hunt, Jr. Annie Brown Kennedy, 
an attorney from Forsyth County, became the first African-American woman 
to actually serve in the General Assembly. Skipping the 1981-82 term, she 

was elected to the 1983-84 session 
and served through 1994. 

The increase in women's rep- 
resentation in the 1970s was due 
in large part to the women's rights 
movement, which encouraged 
more women to run for office. 
During that time people became 
accustomed to women in leader- 
ship positions, and voters proved 
themselves willing to support 
female office seekers. One of the 
products of the movement was a 
proposed amendment to the 
Constitution, the Equal Rights 
Amendment, that would give 
women and men the same legal 
rights. The General Assembly 
refused to ratify the ERA. This 
reluctance is not surprising con- 
sidering that North Carolina did 
not even ratify the Equal Suffrage 
Amendment until 1971, in a sym- 
bolic gesture a half-century after 




Myrtle Eleanor Wiseman served in the 
House from 1975 to 1978. Voted most pop- 
ular female radio entertainer in 1936, 
Wiseman was a country singer who co- 
wrote the hit tune "Have I Told You Lately 
That I Love You". 

News & Observer photo, 
courtesy of Division of Archives and History 



the women's vote had been guaranteed nationwide. The refusal of the legisla- 
ture to ratify the ERA, repeated six times until 1982, may well have served 
as an impetus for politically frustrated women to seek office and try to per- 
sonally influence public policy.20 

The growing force of women legislators and their male supporters failed 
to get the ERA passed by its 1982 deadline, however, throughout the 1970s 
they worked on other equal rights issues. As always, the women often held 
opposing views on many issues, but they consistently came together on gen- 
der-related or equality-based proposals. In 1973, Marilyn R. Bissell (R- 
Mecklenburg), Nancy W. Chase (D-Wayne), and Frances A. Tomlin (R- 
Cabarrus) co-sponsored legislation that provided $200,000 for a family plan- 
ning center. The same year, five women legislators joined several of their 
male colleagues in proposing a Commission on Fair Employment, Recreation 
and Housing. 

A remarkable example of solidarity on the equal rights issue came from 
Elizabeth Ann Wilkie, a Republican senator from Hendersonville, who, in the 
1973 session, opposed amnesty for draft dodgers, supported prayer in 
schools, and denounced actress Jane Fonda. Despite her conservatism, 



Women of the North Carolina General Assembly 



109 



Wilkie co-sponsored an amend- 
ment to the state constitution 
that would guarantee equahty of 
right in employment and educa- 
tion regardless of sex. 

Women began running for 
reelection more often in the 
1970s — and winning. The 
women who began their legisla- 
tive careers that decade served 
an average of nearly five terms. 
These lengthy careers ensured a 
steady level of representation by 
women, even while the number 
of first-year women dropped off. 

By the 1980s the women's 
rights movement had cooled. 
Fewer women were elected to 
legislative seats in the 1980s 
than in the 1970s, and the num- 
ber of women legislators 




Ruth E. Cook, left, shown here with her 
children, Judy and Roger, was elected to the 
House in 1975 and served flue terms. Born 
in Hitler's Germany, she was separated from 
her family at 10 years old. Cook spent five 
years in a children's home in England before 
reuniting with her parents in New York. 

News & Observer photo, 



courtesy of Division of Archives and History 

remained in the mid 20's from 1977 to 1991, or about 14 percent of the mem- 
bership. But the election of 1992 lifted women's representation to an all-time 
high of 18.2 percent. Thirty-one women served in the General Assembly at 
one time. While three of them eventually resigned, three more women were 
appointed, making a total of 34 women who served during the 1993-94 term. 

The early 1990s showed 
some improvement for African- 
American women's representa- 
tion as well. In 1991, Annie 
Brown Kennedy had finally 
been joined in the House by 
another African-American 
woman, Mary E. McAlister (D- 
Cumberland). Then in 1993, 
Frances Cummings (D- 
Robeson) was elected to the 
House, and Governor Hunt 
appointed the first African- 
American woman to the 
Senate 

Lucas, a Democrat from 
Durham County. In 1994, 
Alma Adams (D-Guilford) was 
appointed to the House to 
become the sixth African- 
American woman ever in the 
General Assembly. 




Mary Home Odom , left, and Katherine 

Jeanne " Hopkins Hagen Sebo were the only female senators in 

1975. Odom proposed abolishing capital punish- 
ment as a representative in 1971. Sebo proposed a 
series of bills designed to prevent child abuse and 
introduced legislation aimed at enforcing child 
support. 

News & Observer photo, 
courtesy of Division of Aixhives and History 



110 



North Carolina Manual 



Number of Women in the NC General Assembly, 1961 to 1995 




House and Senate combined: 
total of 1 70 legislators each session. 



Session year 



Number of First-Year Female Legislators, 1961 to 1995 



c 

0) 

E 
o 





E 

13 



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11 



10 



3 3 



2 2 



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Session year 

















/ofa/ o/ 770 legislators each session. 



Women of the North Carolina General Assembly 



111 




Betsy Lane Cochrane was the 

first woman to serve as House 
Minority Leader in 1985. She 
was elected to the Senate in 
1989 and now serves as 
Minority Leader in the Senate. 



After the 1994 elections, the number of 
women legislators took a slight downturn. 
Ten new women were elected to the 1995- 
96 General Assembly, but North Carolina 
took part in a nationwide Republican sweep 
and many Democrat members lost their 
seats — several were women. 
Representatives Jane Mosley and Erin 
Kuczmarski and Senator Linda Gunter 
were unseated, as was Bertha Holt, who 
had served in the House of Representatives 
since 1975. Not one of the eight Republican 
incumbent women running lost her seat. 
The net result was a total of 28 women leg- 
islators for the 1995-96 term (see note page 
10), down from 31 in 1993-94 (or a total of 
34 counting mid-term appointments of sev- 
eral women). Republican women claimed 
eight of the ten seats for new women legis- 
lators. For the first time in North Carolina 
history a majority of women legislators was 
Republican. Seventeen Republican women 
were elected as opposed to 11 Democrat women, a huge shift from the 1993- 
94 term, when a total of 24 Democrat women and just ten Republican women 
had served. Shortly after the election the scales tipped even further in the 
direction of the Republicans when Frances Cummings, a Democrat represen- 
tative from Robeson County, changed her party affiliation to Republican, 
resulting in a total of 18 Republican women and 10 Democrat women. The 
Democrats may pick up one seat, depending on the outcome of Elaine 
Marshall's appealed election, as noted on page 10. 

Because the percentage of women members has reached a substantial 
level, the sense that women belong in public office is no longer an issue seri- 
ously debated. The question has shifted to the influence women actually 
have, individually and as a group, over public policy. In this respect, the 
seniority of the women legislators is as important as their numbers, for 
seniority allows legislators to establish themselves as leaders, which is nec- 
essary for women to have a significant impact on public policy. 

By the 1980s the accumulation of seniority was paying off for women leg- 
islators. For example, Mary Powell Seymour (D-Guilford) served in the 
House from 1977 through 1984 and then moved to the Senate in 1987. She 
headed the Insurance Committee and the Public Utilities Committee. Ruth 
Moss Easterling (D-Mecklenburg), a House member since 1977, co-chaired 
the House Appropriations Committee. Jo Graham Foster (D-Mecklenburg), 
who served ten terms in the House starting in 1973, was named chair of the 
Education Committee. In the 1991-92 term, Anne Craig Barnes (D-Orange) 
headed the Education Committee, which was rated the fifth most powerful 
committee in the House. 21 



112 North Carolina Manual 

As well as heading numerous committees, women began assuming cham- 
ber leadership positions in the 1980s. Betsy Lane Cochrane, a Republican 
from Davie County, served as the first woman Minority Leader in the House 
in 1985. Cochrane moved to the Senate in 1989 and was named Minority 
Whip in 1993. In 1995 she became the first female Senate Minority Leader. 
In 1991-92, Helen Rhyne Marvin (D-Gaston), a senator for eight terms, 
served as Majority Whip in the Senate, while Theresa Harlow Esposito(R- 
Forsyth) was named Minority Whip in the House. Also that year, Marie 
Watters Colton (D-Buncombe) became the first female Speaker Pro Tempore 
in the House. When the Republicans took the majority in the House in 1995, 
they named Carolyn Russell Speaker Pro Tempore. Theresa Esposito was 
named co-chair of the powerful House Appropriations Committee by the 
Republican leadership in 1995, while the Democrats chose Beverly Perdue to 
co-chair their Appropriations Committee in the Senate. 

While these women were able to influence public policy individually as 
leaders, they found much to disagree on as a group. Ten of the 1993-94 
women legislators were Republicans, making it difficult for the incohesive 
women's caucus to wield much power. While two Democrats, Anne Barnes 
and Beverly Purdue of Craven County, were pushing Governor Hunt's educa- 
tion reform initiatives, two Republicans, Constance K. Wilson of 
Mecklenburg County and Cherie L. Berry of Catawba County, were heading 
opposition to his preschool education program. 22 

At least one issue had the power to bring the women together. During 
the 1987-88 term, all 24 women legislators had supported a change in the 
marital rape law that would make it illegal for a man to rape his wife if they 
were living separately. The bill was so amended. 23 In 1993 the women legis- 
lators took the issue another step forward. Bertha M. Holt (D-Alamance) led 
the effort to make it illegal for a man to rape his wife in any case, whether 
they lived together or not. Every female legislator signed onto the bill. 
Democrat and Republican, liberal and conservative. Elaine MarshalKD- 
Harnett), a first-year senator, convinced the reluctant Senate Judiciary 
Committee to give the bill a favorable report, and, after a heated debate, the 
measure was approved. Lieutenant Governor Dennis Wicker, a former House 
member, told the North Carolina Insight, "I would venture to say that but for 
the clout of women legislators, that bill would never have been approved. 
Certainly 10 years ago it would never have been debated, much less passed 
into law."24 

Perhaps the policy focus of women legislators as a group will change with 
the new strength of the Republican Party. But the successful passage of the 
marital rape bill stands as a symbol of the influence women in the General 
Assembly have found so long in coming. A dissatisfaction with the way 
things stood, a confidence in their ability to have an impact, a desire to make 
improvements in education, public welfare, women's rights — these things 
led women from the home, to the workplace, to the chambers of policy mak- 
ing institutions. Now, after the better part of a century of persistence, they 
are incorporating a new perspective into public policy — the perspective of 
what was once the silent half of the population. These women deserve our 
recognition and our remembrance. 



Women of the North Carolina General Assembly 



113 



The 101 Women of the 

North Carolina "t^Z 

General Assembly ^^^^^f^ 

Pictured in order of each woman's 
first year in office. 





Julia M. Alexander 
1925 



Canie L. McLean 
1927 



GeitiTide D. McKee 
1931 



Lily M. Mebane 
1931 



Effie G. Hutehins 
1935 




Lillian M. Cover 
1943 



Sue R. Fei^guson 
1947 



Jennie G. Craven 
1949 



Susan G. Ervin 
1949 



Grace Rodenbough 
1953 




Thelma R. Fisher 
1955 



Rachel D. Davis 
1959 



Elinor C.Cook 
1961 



Tressie P. Fletcher 
1961 



Caredwyn T. Phelps 
1961 




Nancy W. Chase 
1963 



lona T.Collier 
1963 




Martha W. Evans 
1963 




Mary F. Brumby 
1965 



Frances C. Ramsey 
1965 



114 



North Carolina Manual 




Geraldine Nielson 
1967 



Louise S. Brennan 
1969 



Patricia S. Hunt 
1969 



Mary H. Odom 
1971 



AlfredaJ.Webb 
1971 




Marilyn R. Bissell 
1973 



Jo Graham Foster 
1973 



M. Keesee-Forrester Carolyn W. Mathis Lura S. Tally 

1973 1973 1973 




Frances A. Tomlin 
1973 



Elizabeth A. Wilkie 
1973 



Ruth E. Cook 
1975 



PatO.GriflBn 
1975 



Beitha M. Holt 
1975 




Wilda H. Hurst 
1975 



Edith L. Lutz 
1975 



Maiy C. Nesbitt 
1975 



Janet W. Pickler 
1975 



Katherine H. Sebo 
1975 




Frances E. Setzer 
1975 



Margaret R. Tennile 
1975 



Betty M. Thomas 
1975 



Myrtle E. Wiseman 
1975 



Ruth M. Easterling 
1977 



Women of the North Carolina General Assembly 



115 




Rachel G. Gray 
1977 



Helen R. Maivin 
1977 



Marie W. Colton 
1979 



Jeanne T. Fenner 
1979 



Mary P. Seymour 
1977 




Wilma C. Woodai'd 
1977 









Annie B. Kennedy 
1979 



Mary N. Peg 
1979 



Anne E. Bagnal 
1979 




Anne C. Barnes 
1981 




Dorothy R. Burnley 
1981 



Betdv L. Cochrane 
1981 



Margaret B. Hayden 
1981 



Wanda M. Hunt 
1983 



Mary L. JaiTeU 
1983 




Margaret A. Stamey 
1983 



Jean B. Allred 
1984 



Ann Q. Duncan 
1985 



Theresa H. Esposito 
1985 



Charlotte Gardner 
1985 




Doris R. Huffman 
1985 



Lois S. Walker 
1985 



Betty H. Wiser- 
1985 



Judy F.Hunt 
1987 



Bevfily M. Peixiue 
"^1987 



116 



North Carolina Manual 




Sharon Thompson 
1987 



Joanne W. Bowie 
1989 



Julia C. Howard 
1989 



Doris L. Lail 
1989 



Constance Wilson 
1989 




Peggy A. Wilson 
1989 



Karen E. Gottovi 
1991 



Margaret M.Jefilis 
1991 



Mary E. McAllister 
1991 



Carolyn B. Russell 
1991 




Martha Alexander 
1993 



Alma Adams 
1993 



Cherie L. Berry 
1993 



Frances Cummings 
1993 



Linda H. Gunter 
1993 




Erin Kuczmarski 
1993 



Jeanne H. Lucas 
1993 



Elaine Marshall 
1993 



Jane H. Mosley 
1993 



Jean R. Preston 
1993 




Leslie J. Winner 
1993 



Flossie Boyd-Mclntyre 
1995 



Debbie A. Claiy 
1995 



Beverly M. Earle 
1995 



Virginia Foxx 
1995 



Women of the North Carolina General Assembly 



117 






Teena S. Little 
1995 



Ai'lene C. Pulley 
1995 



Joanne Sharpe 
1995 






Wilma SheiTiU 
1995 



Fern Shubert 
1995 



Cynthia B. Watson 
1995 



Women of the North Carolina General Assembly 

1921 to 1995 



Lillian Exutn Clement 1921 

Democrat Representative fi:x)m Buncombe County. Bom in Black Mountain, North 
Carolina, March 1894. Licensed to practice law, 1916. First woman in North 
Carolina and in the South to be elected to the state legislature. 



Julia M. Alexander 1925 

Democrat Representative from Mecklenburg County. Bom in Mecklenburg County. 
Attomey in Charlotte. Admitted to the Bar, 1914. Wrote the book. Mothers of Great 
Men, 1916. Fought the teaching of evolution in public schools. 

Carrie Ijee McLean 1927 

Democrat Representative from Mecklenburg County. Bom in Lincolnton, 1873. 
licensed to practice law in 1918. Attomey in Charlotte. President Mecklenburg Bar 
Association, 1925. Public Administrator for Mecklenburg County. 



118 North Carolina Manual 

Gertrude DUls McKee 1931, 1937, 1943, 1949 

Democrat Senator fix)m Jackson County. First woman Senator in North Carolina. 
Jackson County Board of Education, 1933-35. Trustee for Western Carolina 
Teachers College, Peace College for Women, Brevard College, UNC. 

Lily Morehead Mebane 1931, 1933 

Democrat Representative fix)m Rockingham County. Bom in Spray, North Carolina 
in 1870. Cotton Manufacturer. Member of Board of University Trustees. Member of 
the prominent Morehead family, sister of John M. Morehead, EH. 

Effie Griffith Hutchins 1935-36, 1937 

Democrat Representative from Yancey County. Broke the World's Record for Cross- 
country Hiking, walking from BumsviUe to Asheville, a distance of forty miles, in 
seven hours and thirty-eight minutes, in 1927 — shown by Fox News-Reel. 

Lillian Mayfield Cover 1943, 1945, 1959 

Democrat Representative from Cherokee County. Bom in Murphy, North Carolina, 
1890. Taught music. Worked for Equal Suffrage Amendment. Delegate to the 
Democratic National Convention, 1924. Trustee, Western Carolina Teachers College. 

Sue Ramsey Ferguson 1947 

Democrat Senator from Alexander County, District 28. Bom in Mecklenburg 
County, 1897. Homemaker and farmer. Delegate to the 1944 Democratic National 
Convention. 

Jennie Grier Crcwen 1949 

Democrat Representative from Mecklenburg County. Bom in Mecklenburg County. 
National President American Legion Auxiliary. Member Democratic Executive 
Committee. National Speakers Bureau, Womans Section. 

Susan Graham Ervin 1949 

Democrat Representative from Mecklenburg County. House wife and journalist. 
Winner of Atlantic Monthly Nation-wide essay contest and several national poetry 
prizes. Widow of Joe W. Ervin, Congressman, Tenth Congressional District. 

Grace ThylorEodenbough 1953, 195556, 1957, 1959, 1961, 1963, 1965S6 

Democrat Representative from Stokes County. First woman with an extended career 
in the General Assembly. Supervisor of Instruction, Stokes County Schools. Managed 
own farm of several hundred acres. Taught at Salem College. Trustee of UNC. 

Thelma Richardson Fisher 1955 

RepubKcan Representative from Transylvania County. Bom in Marion, Vfrginia. 
First Republican woman in the General Assembly. Appointed by Governor Luther 
Hodges to replace ailing husband. Secretary of the Brevard Chamber of Commerce. 



Women of the North Carolina General Assembly 119 

Rachel Darden Davis 1959, 1961, 1963 

Democrat Representative from Lenoir County. Bom 1905. Physician and farmer. 
Delegate to Moscow 1962 International Cancer Congress. Wrote two books, Life is 
Normal and Premarital Education. 

Elinor C.Cook 1961 

Republican Representative from Macon Coimty. Bom in Highlands, North Carolina. 
Real estate agent, school teacher. Postmaster in Highlands. President Woman's 
Missionary Society. 

Ihessie Pierce Fletcher 1961 

Republican Representative from Alexander County. Bom 1893. Lawyer. State 
Republican Executive Committee. State President N.C. Federation of Republican 
Women. Wrote "The Witches Spell", a one-act prize play. 

Caredwyn Thomas Phelps 1961 

Democrat Representative from Washington County. Appointed to replace husband 
John Mahlon Phelps, who was Director of Branch Bank & Trust of Plymouth. 

Nancy Winbon Chase 1963, 1965-66, 1967, 1969, 1971, 1973-78 

Democrat Representative from Wa3aie County. Bom in Fremont, 1903. Wayne 
County 'Woman of the Year''. Board of Trustees Wayne Community College. 1965 
Progressive Farmer Award for Rural Woman of the Year in the South. 

lona T. Hargett Collier 1963, 1965-66 

Democrat Representative from Jones County. Bom in BeulaviHe, 1918. Farmer and 
homemaker. Member Jones County Democratic Executive Committee. 

Martha Wright Evans House: 1963 

Senate: 1965-66, 1967, 1969 

Democrat Representative and Senator from Mecklenburg County. Born in 
Philadelphia. Ffrst woman elected to Charlotte City Council. Received Carnegie 
Foundation Scholarship Grant, 1959, for study at World Affairs Center. 

Mary Faye Brumby 1965 

Democrat Representative from Cherokee County. Bom in Marietta, Georgia, 1912. 
Manufacturer. "Woman of the Week" of Cherokee County, 1964. Author of poems in 
various newspapers and Anthology of Verse called "Christmas Lyrics". 

Frances Crafton Ramsey 1965 

Republican Representative from Madison County. Bom in Henderson, Kentucky, 
December 25, 1899. Author of thesis "On the Fat Content of Green Beans". Taught 
home economics and science. Owned and operated a dairy and tobacco farm. 



120 North Carolina Manual 

Gerxddine R. Nielson 1967, 1969 

Republican Senator from Forsyth County. First RepubKcan woman in the North 
Carolina Senate. Elected after criticizing Governor Dan K Moore's campaign tactics. 
Teacher and Secretary. Delegate to Republican National Convention in Miami, 1968. 

Louise S. Brennan 1969, 1977-84 

Democrat Representative from Mecklenburg County. Bom in Chester, South 
Carolina. Professor of Political Science. Wrote "Effects of Rule Changes or Delegate 
Selection for Presidential Nominations, 1960-76: The North Carolina Experience." 

Patricia Stanford Hunt 1969, 1973-82 

Democrat Representative from Orange County. Bom in Dunn, North Carolina. 
Attorney. Board of Trustees Governor's School. Woman of the Year, Chapel HiU- 
Carrboro, 1977. Co-author, "North Carolina History, Geography, and Government." 

Mary Home Odom House: 1971 

Senate: 1975-76 

Democrat Representative and Senator from Scotland County. Bom in Greenville, 
North CaroLbia, 1921. Teacher-Coordinator, Industrial Cooperative Training. 
National Education Association member. 

Alfreda Johnson Webb 1971 

Democrat Representative from Guilford County. Appointed as the ftrst African- 
American woman in the General Assembly, 1971, after session closed. Taught college 
math and biology. First African-American female veterinarian in the United States. 

Marilyn H Bissell 1973-80 

Republican Representative from Mecklenburg County. Bom in Jamestown, New 
York in 1927. Vice-Chairman, Mecklenburg County Republican Party. Policy 
Coundl — North Carolina Womens Political Caucus. 



Jo Graham Foster 1973-92 

Democrat Representative from Mecklenburg County. Served 10 terms in the 
General Assembly. Bom 1915. National Legislator of the Year, American School 
Counselors, 1979. 

Margaret Keesee-Forrester 197388 

Republican Representative from Guilford County. Teacher and account executive. 
Certificate of Recognition from The Association for Retarded Citizens of Greensboro, 
May 1985. Teacher of the Year, David Jones School, Greensboro, 1976, 1977. 

Carolyn W. Mathis House: 1973-76 

Senate: 1977-82 

Republican Representative and Senator from Mecklenburg County. Special 

Educator, Real Estate Management. 1980 Dedicated Service Award, Mecklenburg 
County Association for Retarded Citizens. 



Women of the North Carolina General Assembly 121 

Lura S. Tally House: 1973-82 

Senate: 1983-93 

Demcxrat Representative from Cumberland County. Teacher and guidance coun- 
selor. President of the North Carolina Society for Preservation of Antiquities. NCSU 
Foundation Boai^d. Business and Professional Woman of the Year, FayetteviUe, 1978. 

Frances Ann Jbnilin 1973 

Republican Representative from Cabarrus. Bom in Lincolnton, 1924. City School 
Board. Delegate to the White House Conference on Children, 1970. 

Elizabeth Anne Wilkie 1973 

Republican Senator from Henderson County. Bom in HendersonvUle, 1931. 
Homemaker, artist. Secretary-Treasurer Hoopers Creek. Republican Party, dele- 
gate, state convention. 

Ruth K Cook 1975-84 

Democrat Representative from Wake County. Bom in Berlin, Germany. Separated 
from her family in Hitler's Germany at age 10. Reunited in New York at age 15. 
President NC Consumers Coundl and Raleigh Wake League of Women Voters. 

Pat Oakes GHffin 1975-78 

Democrat Representative from Durham County. Bom in Pittsylvania County, 
Virginia, in 1918. Member, Durham's Business and Professional Women. 

Bertha M. Holt 1975-94 

Democrat Representative from Alamance County. Bom in Eufaula, Alabama in 
1916. Attorney, formerly with the U.S. Treasury and Department of the Interior. 
First woman to serve on Joint Commission on Governmental Operations. 

mida H. Hurst 1975-78 

Democrat Representative from Onslow County. Owner and manager of General 
Insurance & Real Estate Agency. Instrumental in bringing the Uniflite Boat 
Company to Onslow and obtaining the Governor's Award for the town of Swansboro. 

Edith Ledford Lutz 1975-94 

Democrat Representative from Cleveland County. Farmer and fruit grower. 
Director, Cleveland County Farm Bureau. Director, Upper Cleveland County 
Chamber of Commerce. Times 'Woman of the Year". 

Mary C. Nesbitt 1975-80 

Democrat Representative from Buncombe County. Bom in Asheville in 1911. 
Educational Consultant. Western Carolina University Alumni Award for 
Distinguished Service to Education. Died in oflBce, August 1, 1979. 



122 North Carolina Manual 

Janet W. Pickler 1975-78 

Democrat Representative fh)m Stanly County. Bom in New York in 1934. Assistant 
Professor of Speech — PfeifFer College. Volunteer of the Year Award — Stanly 
County Mental Health Association. Named in Outstanding Educators of America. 

Katherine Hagen Sebo 1975-80 

Democrat Senator firem Guilford County. Bom in Minneapolis, Minnesota in 1944. 
lived in South India as a young adult. Duke University School of Law Professor. 
Nominating Panel for Fourth Circuit Court of Appeals. 

Frances Ellen Setzer 1975-78 

Democrat Representative fix)m Catawba County. Bom in Catawba County in 1922. 
Masters degree in Public Health from UNC-Chapel Hill. Textiles, Banking, and 
Public Health work. North Carolina PTA Field Secretary. 

Margaret Rose Jl3nnile 1975-84 

Democrat Representative from Forsyth County. Bom in HopeweU, Virginia in 1917. 
Member National Order of Women Legislators. Planning Commission for Math- 
Science High School. City Board of Directors, Southern National Bank. 

Betty Marie Thomas 1975-84 

Democrat Representative from Cabarrus County. Bom in Shelby, North Carolina in 
1923. President of A.W. Thomas & Son and Thomas Development, Inc. Service 
Award, 1979. Appointed to first term to complete the term of her deceased husband. 

Myrtle Eleanor Wiseman 1975-78 

Democrat Representative from Avery County. Bom in Boone, North Carolina in 
1913. Elected most popular female entertainer (Radio) in the United States in 1936 
and 1937. Co-wrote, "Have I Told You Lately That I Love You". 

Ruth Moss Easterling 1977-95 

Democrat Representative from Mecklenburg County. International Business and 
Professional Women. Business and Professional Women National President, 1970- 
71. Charlotte City Council. BPW/NC Woman of the Year, 1980. 

Rachel Gillean Gray 1977-84 

Democrat Senator from Guilford County. Bom in Salisbury, North Carolina in 1930. 
Mayor Pro Tem, City of High Point, 1973 and 1975. Past President Mental Health 
Association. 

Helen Rhyne Marvin 1977-92 

Democrat Senator from. Gaston County. Bom in Gastonia, in 1917. Realtor, college 
instructor at Gaston College. President Southern and North Carolina Political 
Science Association. Delegate National Democratic Convention, 1972-1974. 



Women of the North Carolina General Assembly 123 

Mary Powell Seymour House: 1977-86 

Senate: 1987-94 

Democrat Representative and Senator from Guilford County. Legal Assistant, 
Licensed Real Estate Broker. Mayor Pro Tempore, City of Greensboro, 1973-75. Four 
terms on Greensboro City Council. Eleanor Roosevelt Award, 1970. 

mima C. Woodard House: 1977-82 

Senate: 1983-86 

Democrat Representative and Senator from Wake County. National Order of 
Women Legislators. NC White Hoiise Conference on Aging, 1980-81. Co-chairperson, 
Governor's Conference on Women & the Economy, 1983. 

Anne Elizabeth Bagnat 1979 

Republican Senator from Forsyth County. Bom in NashviUe, Tennessee in 1935. 
Graduated Winthrop CoUege. 

Marie Waiters Colton 1979-94 

Democrat Representative from Buncombe County. First female Speaker Pro 
Tempore, 1993-94. Bom in Charlotte in 1922. N.C. World Trade Association Board 
Member. N.C. Institute of Medicine Board Member. Ethics Committee Chair. 

Jeanne Tucker Fenner 1979-84 

Democrat Representative from Wilson County. Bom in Washington, D.C. National 
Member of the Year Award, National Association for Retarded Citizens, 1980. 
Legislator of the Year, N.C. Mental Health Centers Association. 

Annie Brown Kennedy 1979-80, 1983-94 

Demoa^t Representative from Forsyth Coiinty. First African-American woman to 
serve in the General Assembly. Bom in Atlanta Attorney. President Forsyth County 
Bar Association. Delegate Democratic National Convention, 1984, 1988. 

Mary Norwood Pegg 1979-82 

Republican Representative from Forsyth County. Bom in Rockingham in 1938. 
Homemaker, interior design degree. N.C. Conservative Union Legislative Award, 
1979. Resigned August 14, 1981. 

Dorothy Rockwell Burnley 1981-84 

Republican Representative from Guilford County. Bom in High Point. High Point 
Chamber of Commerce. National Federation of Independent Businesses. Board 
Member and Past President, High Point Women's Shelter. 

Betsy Lane Cochrane House: 1981-88 

Senate: 1989-95 

Republican Representative and Senator from Davie County. First female Minority 
Leader in the House, 1985-89. Minority Whip in the Senate, 1993. First female 



124 North Carolina Manual 

Minority Leader in the Senate, 1995. GOP National Convention Delegate, 1976, 
1988, 1992. GOP National Platform Committee, 1988. 

Margaret Bledsoe Hayden 1981-84 

Democrat Representative from Alleghany County. Educational Consultant. 
President, Future Heirloom, Ltd. American Association of University Women. 
Selection Committee for Morehead Scholarship, 1980. Mayor of Sparta, 1977-81. 

Anne Craig Barnes 1981-95 

Democrat Representative fi:x)m Orange County. Former ballet instructor. Southern 
Legislative Conference Executive Committee. Orange County Commissioner. 
Carter-Mondale campaign staff, 1980. Delegate, National Convention, 1974. 

Wanda H. Hunt 1983-90 

Democrat Senator from Moore County. Former account executive. Resorts of 
Pinehurst, Inc. Past president. Cystic Fibrosis. National Conference of State 
Legislators. Volunteer Service Award, National Cystic Fibrosis. 

Mary Long JarreU 1983-94 

Democrat Representative from Guilford County. Bom in Winston-Salem in 1929. 
Public School Teacher. President, YWCA Community Concert. High Point City 
Council, 1977-81. Mayor Pro Tempore, 1977-79. 

Margaret A Stamey 1983-93 

Democrat Representative from Wake County. National Association of Women 
Business Owners. National Order of Women Legislators. Committeewoman, 
National Democratic Committee. Women of the Year , Government Award, YWCA 

JeanB.AUred 1984-95 

Republican Senator from Alamance County. Appointed December 3, 1984, by 
Governor James B. Hunt, Jr. upon the resignation of her husband, Senator Cary D. 
AUred. (Caiy AUred resigned his senate seat when he was elected to the Alamance 
County Board of Commissioners in the November 1984 election.) Ms. AUred served 
until the 136th session of the North Carolina Senate took the oath of office on 
Februaiy5,1985. 

Ann Quarterman Duncan 1985-90 

Republican Representative from Forsyth County. Bom in Waycross, Geoi^a. School 
teacher, social worker. National Federation of Republican Women. Educator of the 
Year. 1989 Planned Parenthood Perry Clark Award. 

Theresa Harlow Esposito 1985-95 

Republican Representative from Forsyth County. Bom in Washington, D.C. 
Delegate Republican National Convention, 1992, 1988, 1984. National Federation of 
Republican Women's Club. President, Forsyth County Republican Women's Club. 



I 



Women of the North Carolina General Assembly 125 

Charlotte A Gardner 1985-95 

Republican Representative from Rowan County. Bom in Baltimore, Maryland. 
Former high school educator. Trustee, Vice-president, Rowan Advocates for 
Mentally El. Director, Community Life Council. 

Doris Rogers Huffman 1985-92 

Republican Representative from Catawba County. Bom in Burke County. 
Executive Committee, North Carolina GOP. Women in Government Roundtable. 

Lois Simmons Walker 1985-90 

Republican Representative from fredeU County. Bom in Mount Airy. Teacher, ath- 
letic director and counselor. American Association of Physical Education, Health 
and Recreation. President and Life Member, Junior Service League. 

Betty Hutchinson Wiser 1985-90 

Democrat Representative from Wake County. President Retfrement Planning 
Associates, Lie. Executive Director, Wake County Coundl on Aging, Lie. Director 
and founder. State President, National Association of Women Business Owners. 

Judy Frances Hunt 1987-94 

Democrat Representative from Watauga County. Bom in Shelby, North Carolina. 
Real Estate Broker. Watauga County Commissioner. 

Beverly M. Perdue House: 1987-90 

Senate: 1991-95 

Democrat Representative and Senator from Craven County. Former Director, 
Geriatric Services. Director of Human Services. National Coundl on Aging. State 
Democratic Party, Executive Committee & Executive Council. 

Sharon A Thompson 1987-90 

Democrat Representative from Durham County. Born in New Bedford, 
Massachusetts. Attorney. N.C. Academy of Trial Lawyers. Board of Governors. 
N.C. Association of Women Attorneys, Governing Board and President. 

Joanne Walker Bowie 1989-95 

Republican Representative from Guilford County. Public Relations, 
Communications Specialist, U.S. Department of Agriculture. Former school 
teacher. President Guilford County Medical AuxiHaiy. 

Julia Craven Howard 1989-95 

Republican Representative from Davie Coimty. RealtorA.ppraiser. President of 
Howard Realty & Insurance Agency, Inc. Vice President, Davie Builders, Inc. 
President Davie County Board. State Director. Commissioner, Town of Mocksville. 

Doris Leonhardt Lail 1989-90 

Republican Representative from Lincoln County. Bom in Lincoln County in 1937. 
Secretary Treasurer, Jim Lail and Associates, Inc. Manager, Cato Stores. President 
Lincoln County Republican Women's Club. 



126 North Carolina Manual 

Constance Kramer Wlson Senate: 1989-90 

House: 1993-95 

Republican Representative and Senator from Mecklenburg County. Bom in Dayton, 
Ohio. Banker, NationsBank. American Legislative Exchange. North Carolina 
Institute of Politics. Darden School Emerging Political Leaders, 1993. 

Peggy Ann Wlson 1989-94 

Republican Representative from Rockingham County. Nurse. Insurance Manager, 
Past President, Rockingham County Federation of Republican Women. Woman of 
the Year, 1986 (Rockingham County Republican Women). 

Karen Elizabeth Gottovi 1991-94 

Democrat Representative from New Hanover County. Political Consultant, Teacher, 
Librarian. County Commissioner. President, League of Women Voters. Democratic 
National Committeewoman. Susan B. Anthony Feminist of the Year, 1985. 

Margaret Moore Jeffus 1991-94 

Democrat Representative from Guilford County. North Carolina Association of 
Educators member, 23+ years. Delegate, Democratic National Convention, 1984. 
Democratic State Executive Committee. Greensboro Teacher of the Year 1972-73. 

Mary E. McAllister 1991-95 

Democrat Representative from Cumberland County. Ebcecutive Director, Operations 
Sickle Cell, Inc. Educator. National Association of Black County OflBcials. National 
AIDS Task Force. Cumberland County Commissioners. 

Carolyn Barnes Russell 1991-95 

Republican Representative from Lenofr County. Speaker Pro Tempore of the House, 
1995. Personnel Manager. Psychologist. Past President Methodist Home for 
Children. Govemor^s Individual Leadership Award, 1981. 

Alma Adams 1993-95 

Democrat Representative from Guilford County. Professor, Administrator, Bennett 
College. NAACP Executive Board. Greensboro City School Board. Greensboro City 
Coundl. Sojourner Truth Award, 1988. Woman of the Year, 1990. 

Martha B. Alexander 1993-95 

Democrat Representative from Mecklenburg County. President, YWCA. National 
Advisory Council on Alcohol Abuse and Alcoholism (appointed by the Secretary of 
Health and Human Services). Delegate to Democratic National Convention, 1992. 

CherieKUlian Berry 1993-95 

Republican Representative from Catawba County. Manufacturer/Business Owner, 
LGM, Ltd. Designed ignition wires for General Motors for Indy and Nascar racing 
engines. American Business Women Association. 



1 
I 



Women of the North Carolina General Assembly 127 

Frances M. Cummings 1993-95 

Republican Representative from Robeson County, formerly Democrat. North 
Carolina Commissioner of the States. President, Southeast Region Association of 
Classroom Teachers. President, NC Association of Classroom Teachers. 

Linda H. Gunter 1993-94 

Democrat Senator from Wake County. North Carolina Association of Educators. 
Cary Chamber of Commerce. NOW member, NARAL member. State Democratic 
Executive Committee. N.C. fristitute of Political Leadership, 1990 Fellow. 

Erin J. Kuczmarski 1993-94 

Democrat Representative from Wake County. Bom in Tomahawk, Wisconsin in 
1957. Chiropractic Physician. President, NCCA, 1992. Secretary, National 
Association of Women Business Owners. North Carolina Industrial Commission. 

Jeanne Hopkins Lucas 1993-95 

Democrat Senator from Durham County. First African-American woman in the 
Senate. Educator. President, North Carolina Association of Classroom Teachers. 
President of North Carolina Advisory Council. 

Elaine Folk Marshall 1993-94 

Democrat Senator from Harnett County. Attorney. Instructor, Lenoir Community 
CoUege. Governor, N.C. Academy of Trial Lawyers. President, Harnett County Bar 
Association. Harnett County Democratic Party Chair. 

Jane Hurley Mosley 1993-94 

Democrat Representative from Wake County. Executive Director, N.C. Community 
College Alumni Association. President, North Carolina Association of Government 
Information Officers. Citizen of the Year, Caiy Chamber of Commerce, 1985. 

Jean K Preston 1993-95 

Republican Representative from Carteret County. Director of Education, Principal, 
Program Administrator for Children with Special Needs, Special Education Teacher, 
Business Education Teacher. Governor's Commission on Libraries. 

Leslie J. Winner 1993-95 

Democrat Senator from Mecklenburg County. Bom in AsheviUe in 1950. Attorney. 
Secretary-Treasurer Mecklenburg County Bar. President N.C. Association of Women 
Attorney's. Director, National Conference of Christians and Jews. 



Flossie BoydrMcIntyre 1995 

Democrat Representative from Guilford County. Businesswoman. Former Professor 
of English. National Association of Realtors. North Carolina Democrat Party 
Executive Committee. National Women's Political Caucus, Governing Member. 



128 North Carolina Manual 

Debbie A Clary 1995 

Republican Ilepresentative from Cleveland County. Broadcaster for WADA, Inc., 
President, General Manager. North Carolina Association of Broadcasters. Chamber 
of Commerce. 

Beverly Miller Earle 1995 

Democrat Representative from Mecklenburg County. Business owner, Beverly's 
Frozen Desserts. President, Carolinas Association of Black Women Entrepreneurs. 
NAACP. Democratic Women's Club. State Executive Committee. 

Virginia Ann Foxx 1995 

Republican Senator from Avery County. Former President, Mayland Community 
College. Former Assistant Dean, Appalachian State University. Deputy Secretary, 
Department of Administration. National Advisory Council for Women's Educational 
Programs, appointed by President Carter and confirmed by U.S. Senate, 1980-83. 

Tbena Smith Little 1995 

Republican Senator from Moore County. Former teacher. Secretary/Treasurer, 
George W. Little & Associates. Realtor. National Association State Boards of 
Education. Chair, North Carolina Teaching Fellows Commission. 

Arlene C. Pulley 1995 

Republican Representative from Wake County. Former Administrative Officer, 
Office of the Speaker, N.C. House. Chief of Staff, Office of the Lieutenant Governor. 
President, Martinique Homeowners Association. North Carolina Parole Commission. 

Joanne Phipps Sharpe 1995 

Republican Representative from Guilford County. Design Consultant. Licensed, 
Therapeutic Foster Care through Elon Homes for Children. Organized Institute of 
Business Designers. National Federation of Republican Women, Board of Directors. 

mima M. Shernll 1995 

Republican Representative from Buncombe County. Business woman. 
Commissioner, Division of Motor Vehicles. Republican National Convention, 1988. 
Vice President, Buncombe County Republican Women's Club. 

Fern Shubert 1995 

Repubhcan Representative from Union County. Former IRS revenue agent, 
Associate Chief, Appeals. CPA. Former tax director of The National Bank of 
Washington. American Institute of CPAs. NC Association of CPAs. 

Cynthia Bailey Watson 1995 

Republican Representative from Duplin County. Interior Design/Sales Board of 
Directors, Sarah's Domestic Violence Center, Duplin County. Director, Community 
Arts in Residency Training. Board of Trustees James Sprunt Community College. 



Women of the North Carolina General Assembly 



129 



Women in the North Carolina General Assembly, 1921 to 1995 



Name 

Clement, Lillian E 



First year of terms served 

1921 



Chamber, Party, County 

H-Dem, Buncombe 



Alexander, Julia M. 


1925 




H-Dem, Mecklenburg 


McLean, Carrie L. 


1927 




H-Dem, Mecklenburg 


McKee, Gertrude D. 


1931, 37, 43, 49 




S-Dem, Jackson 


Mebane, Lily M. 


1931, 33 




H-Dem, Rockingham 


Hutchins, Effie G. 


1935, 37 




H-Dem, Yancey 


Cover, Lillian M. 


1943, 45, 59 




H-Dem, Cherokee 


Ferguson, Sue R. 


1947 




S-Dem, Alexander 


Craven, Jennie G. 


1949 




H-Dem, Mecklenburg 


Ervin, Susan G. 


1949 




H-Dem, Mecklenburg 


Rodenbough, Grace T. 


1953, 55, 57, 59, 61, 63, 


65 


H-Dem, Stokes 


Fisher, Thelma R. 


1955 




H-Rep, Transylvania 


Davis, Rachel D. 


1959, 61, 63 




H-Dem, Lenoir 


Cook, Elinor C. 


1961 




H-Rep, Macon 


Fletcher, Tressie P. 


1961 




H-Rep, Alexander 


Phelps, Caredwyn T. 


1961 




H-Dem, Washington 


Chase, Nancy W. 


1963, 65, 67, 69, 71, 73, 


75,77 


H-Dem, Wayne 


Collier, Zona T. (Hargett) 


1963, 65 




H-Dem, Jones 


Evans, Martha W. 


1963 S: 65, 67, 69 




H, S-Dem, Mecklenburg 


Brumby, Mary F. 


1965 




H-Dem, Cherokee 


Ramsey, Frances C. 


1965 




H-Rep, Madison 


Nielsen, Geraldine R. 


1967, 69 




S-Rep, Forsyth 


Brennan, Louise S. 


1969, 77, 79, 81, 83 




H-Dem, Mecklenburg 


Hunt, Patricia S. 


1969, 73, 75, 77, 79, 81 




H-Dem, Orange 


Odom, Mary H. 


1971, S: 75 




H, S-Dem, Scotland 


Webb, Alfreda J. 


1971 




H-Dem, Guilford 


Bissell, Marilyn R. 


1973, 75, 77, 79 




H-Rep, Mecklenburg 


Foster, Jo G. 


1973, 75, 77, 79, 81, 83, 


85, 87, 89, 91 


H-Dem, Mecklenburg 


Keesee-Forrester, Marg 


1973, 79, 81, 83, 85, 87 




H-Rep, Guilford 


Mathis, Carolyn W. 


1973, 75, S: 77, 79, 81 




H, S-Rep, Mecklenburg 


Tally, Lura S. 


1973, 75, 77, 79, 81 S: 83, 85, 87, 89, 91, 93 


H, S-Dem, Cumberland 


Tomlin, Frances A. 


1973 




H-Rep, Cabbarus 


Wilkie, Ehzabeth A. 


1973 




S-Rep, Henderson 


Cook, Ruth E. 


1975, 77, 79, 81, 83 




H-Dem, Wake 


Griffin, Pat 0. 


1975, 77 




H-Dem, Durham 


Holt, Bertha M. 


1975, 77, 79, 81, 83, 85, 


87, 89, 91, 93 


H-Dem, Alamance 


Hurst, Wilda H. 


1975, 77 




H-Dem, Onslow 


Lutz, Edith L. 


1975, 77, 79, 81, 83, 85, 


87, 89, 91, 93 


H-Dem, Cleveland 


Nesbitt, Mary C. 


1975, 77, 79 




H-Dem, Buncombe 


Pickler, Janet W. 


1975, 77 




H-Dem, Stanly 


Sebo, Katherine H. 


1975, 77, 79 




S-Dem, Guilford 



Setzer, Frances E. 



1975, 77 



H-Dem, Catawba 



130 



North Carolina Manual 



Name 

Tennile, Margaret R. 


First year of terms served 

1975, 77, 79, 81, 83 


Chamber, Party, County 

H-Dem, Forsyth 


Thomas, Betty M. 


1975, 77, 79, 81, 83 






H-Dem, Cabarrus 


Wiseman, Myrtle E. 


1975, 77 






H-Dem, Avery 


Easterling, Ruth M. 


1977, 79, 81, 83, 85, 87, 


89, 


91, 93, 95 


H-Dem, Mecklenburg 


Gray, Rachel G. 


1977, 79, 81, 83 






S-Dem, Guilford 


Marvin, Helen R. 


1977, 79, 81, 83, 85, 87, 


89, 


91 


S-Dem, Gaston 


Seymour, Mary P. 


1977, 79, 81, 83, 85 S; 87, 91, 93 


H, S-Dem, Guilford 


Woodard, Wilma C. 


1977, 79, 81, S: 83, 85 






H, S-Dem, Wake 


Bagnal, Anne E. 


1979 






S-Rep, Forsyth 


Colton, Marie W. 


1979, 81, 83, 85, 87, 89, 


91, 


93 


H-Dem, Buncombe 


Fenner, Jeanne T. 


1979, 81, 83 






H-Dem, Wilson 


Kennedy, Annie B. 


1979, 83, 85, 87, 89, 91, 


93 




H-Dem, Forsyth 


Pegg, Mary N. 


1979, 81 






H-Rep, Forsyth 


Burnley, Dorothy R. 


1981, 83 






H-Rep, Guilford 


Cochrane, Betsy L. 


1981, 83, 85, 87, S: 89, i 


31, 


93,95 


H, S-Rep, Davie 


Hayden, Margaret B. 


1981, 83 






H-Dem, Alleghany 


Barnes, Anne C. 


1981, 83, 85, 87, 89, 91, 


93, 


95 


H-Dem, Orange 


Hunt, Wanda M. 


1983, 85, 87, 89 






S-Dem, Moore 


Jarrell, Mary L. 


1983, 87, 89, 91, 93 






H-Dem, Guilford 


Stamey, Margaret A. 


1983, 85, 87, 89, 91, 93 






H-Dem, Wake 


Allred, Jean B. 


1984 






S-Rep, Alamance 


Duncan, Ann Q. 


1985, 87, 89 






H-Rep, Forsyth 


Esposito, Theresa H. 


1985, 87, 89, 91, 93, 95 






H-Rep, Forsyth 


Gardner, Charlotte A. 


1985, 87, 89, 91, 93, 95 






H-Rep, Rowan 


Huffman, Doris R. 


1985, 87, 89, 91 






H-Rep, Catawba 


Walker, Lois S. 


1985, 87, 89 






H-Rep, Iredell 


Wiser, Betty H. 


1985, 87, 89 






H-Dem, Wake 


Hunt, Judy F. 


1987, 89, 91, 93 






H-Dem, Watauga 


Perdue, Beverly M. 


1987, 89, S: 91, 93, 95 






H, S-Dem, Craven 


Thompson, Sharon A. 


1987, 89 






H-Dem, Durham 


Bowie, Joanne W. 


1989, 91, 93, 95 






H-Rep, Guilford 


Howard, Julia C. 


1989, 91, 93, 95 






H-Rep, Davie 



Lail, Doris L. 


1989 


H-Rep, Lincoln 


Wilson, Constance K. 


S: 1989, H: 93, 95 


S, H-Rep, Mecklenburg 


Wilson, Peggy A. 


1989, 91, 93 


H-Rep, Rockingham 


Gottovi, Karen E. 


1991, 93 


H-Dem, New Hanover 


Jeffus, Margaret M. 


1991, 93 


H-Dem, Guilford 


McAllister, Mary E. 


1991, 93, 95 


H-Dem, Cumberland 



Russell, Carolyn B. 



1991, 93, 95 



Adams, Alma 



1993, 95 



Lucas, Jeanne H. 1993, 95 

Marshall, Elaine 1993 



H-Rep, Lenoir 



H-Dem, Guilford 



Alexander, Martha B. 


1993, 95 


H-Dem, Mecklenburg 


Berry, Cherie K. 


1993, 95 


H-Rep, Catawba 


Cummings, Frances M. 


1993, 95 


H-Rep, Robeson 


Gunter, Linda H. 


1993 


S-Dem, Wake 


Kuczmarski, Erin J. 


1993 


H-Dem, Wake 



S-Dem, Durham 



S-Dem, Lee 



Women of the North Carolina General Assembly 



131 



Name 

Mosley, Jane H 



First year of terms served 

1993 



Watson, Cynthia B. 



Chamber, Party, County 

H-Dem, Wake 



Preston, Jean R. 


1993, 95 


H-Rep, Carteret 


Winner, Leslie J. 


1993, 95 


S-Dem, Mecklenburg 


Boyd-Mclntyre, Flossie 


1995 


H-Dem, Guilford 


Clary, Debbie A. 


1995 


H-Rep, Cleveland 


Earle, Beverly M. 


1995 


H-Dem, Mecklenburg 


Foxx, Virginia 


1995 


S-Rep, Avery 


Little, Teena S. 


1995 


S-Rep, Moore 


Pulley, Arlene C. 


1995 


H-Rep, Wake 


Sharpe, Joanne 


1995 


H-Rep, Guilford 


Sherrill, Wilma 


1995 


H-Rep, Buncombe 


Shubert, Fern 


1995 


H-Rep, Union 



1995 



H-Rep, Duplin 



Table compiled by Carol Hammerstein, Office of the Secretary of State, Raleigh 
Sources: North Carolina Manuals, 1921 to 1991-92 

Files of the Legislative Library, Legislative Office Building, Raleigh 



132 North Carolina Manual 

Notes 

Ijennifer Ravi, Notable North Carolina Women (Bandit Books: Winston-Salem, North 
Carolina, 1992), p. 51. 

2r/ie Asheville Citizen, May 8, 1960, Sec. C. 

3Ravi, p. 50. 

^Information on female legislators' years in office, committee chairmanships and leadership 
positions, and certain biographical facts used throughout this article are found in yearly editions 
of the North Carolina Manual from 1921 to 1991-92 (pubhshed by the Office of the Secretary of 
State, Raleigh). 

^Albert Coates, By Her Own Bootstraps: A Saga of Women in North Carolina (The University 
of North Carolina, Chapel Hill, 1977), p. 143. 

6A. Elizabeth Taylor, "The Women Suffrage Movement in North Carolina", The North 
Carolina Historical Review (38:1, Jan. 1961, pp. 45-62, 173-189), p. 175. 

^Ibid., p. 57. 

Sjbid., p. 58. 

^Elna Green, "Mary Hilliard Hinton and the Antisuffragists", Tar Heel Junior Historian 
(33:2, Spring 1994), p. 23. 

10i9th Amendment to the Constitution of the United States. 

llCoates, p. 148-149. 

^^The Asheville Citizen, May 8, 1960, Sec. C. 

l^Ravi. p. 51 

^"^The Asheville Citizen, May 8, 1960, Sec. C. 

15 Julia Alexander, Mothers of Great Men (1916), foreword. 

l^WiUiam B. Gatewood, Jr., "Pohtics and Piety in North Carolina: The Fundamentalist 
Crusade at High Tide, 1925-1927", The North Carolina Historical Review (XVII:3, July 1965, pp. 
275-290), p. 276. 

I'^Ibid., p. 276. 

l^Ibid.; the evolution debate in North Carolina is recounted in detail in Gatewood's article in 
The North Carolina Historical Review. 

l^The legislation sponsored by the women listed in this article is found in the Senate 
Journals, the House Journals, and the North Carolina Session Laws for the appropriate years. 

20Betty Mitchell Gray, "Women in the Legislature: A Force for the Future", The North 
Carolina Insight (15:1), Jan. 1994), p. 15-34; the battle for the ERA in North Carohna is also 
documented in "The Equal Rights Amendment: yea or nay?". Tar Heel Junior Historian (ss:2. 
Spring 1994), p. 32-37. 

2lGray, "Women in the Legislature: A Force for the Future", p. 11. 

22lbid., p. 20. 

23lbid., p. 20. 

24lbid., p. 21. 



Women of the North Carolina General Assembly 133 



134 North Carolina Manual 



North Carolina 

State 

Government 



Part II 



^ 




^ 




n 




^ 














136 North Carolina Manual 

CHAPTER ONE 

Ihe Constitution ot Morth Carolina 

OUR CONSTITUTIONS: AN HISTORICAL PERSPECTIVE 

By John L. Sanders 

North CaroHna 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- _- ^ ^, r*a^^ 

,' J i. xi. 1. J. ^u The Convention of 1835 

tive power is evident throughout the 

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, 50 and 120. The House 



The North Carolina Constitution 



137 



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 
elected from districts laid out accord- 
ing to the amount of taxes paid to 
the State from the respective coun- 
ties, thus effecting senatorial repre 



The Convention of 1861-62 

The Convention of 1861-62, 
called by act of the General 
Assembly, took the State out of The 
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 
holding; abolished free Negro suf- 
frage; equalized the capitation tax on 
slaves and free white males; prohib- 
ited the General Assembly from 
granting divorces, legitimating per 



The Convention of 1865-66 

The Convention of 1865-66, 
called by the Provisional Governor 
on orders of the President, nullified 
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 
upon by the initiative of Congress 
but with a popular vote of approval, 
wrote a new Constitution which the 
people ratified in April of 1868 by a 
vote of 93,086 to 74,016. Drafted and 
put through the Convention by a 
combination of native Republicans 
and a few Carpetbaggers, the 
Constitution was highly unpopular 
with the more conservative elements 
of the State. For its time, it was a 



progressive and democratic instru- 
ment of government. In this respect 
it differed markedly from the pro- 
posed Constitution of 1866. The 
Constitution of 1868 was an amal- 
gam of provisions copied or adapted 
from the Declaration of Rights of 
1776, the Constitution of 1776 and 
its amendments, the proposed 
Constitution of 1866, and the consti- 
tutions of other states, together with 
some new and original provisions. 



138 



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. 



The North Carolina Constitution 139 

The Convention of 1875 schools, gave the General Assembly 

full power to revise or abolish the 

In 1875, the General Assembly ^^^^ ^^^ p^^^^g ^f ^^^^^^ ^^^^ ^^^^_ 

called a convention of the people to ^j^.p governments, and simplified the 

consider constitutional revision. No procedure for constitutional amend- 

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

lar referendum was had, and none Assembly might by act adopted by 

was then constitutionally required, ^hree-fifths of each house at one leg- 

The Convention of 1875 (the most ^glative session submit an amend- 

recent in the State's history) sat for ^^^^ ^^ ^^^ ^^^^^^ ^^ ^^^ g^^^^ ^^j^^^ 

five weeks m the fall of that year. It eii^^inating the former requirement 

was a limited convention, certain ^^ enactment by two successive ses- 

actions - for example, the reinstate- ^.^^^ ^^ ^^^ ^.^^^^^^ Assembly). The 

ment of property qualifications for -^^-^^^ ^f^^^t of the amendments of 

office-holding or voting - being for- ^g^g ^^^ ^g^g ^^^ ^^ ^^^^^^^ .^ ^^^_ 

bidden to it. » -n„^ j . j siderable measure the former power 

The Convention of 1875 adopted ^^ ^^^ ^^^^^^^ Assembly, particular- 

and the voters on November 7 1876, ^^ ^ ^ ^^^ ^^ ^^ ^^ government, 

approved by a vote ot 120,159 to ^he amendments framed by the 

106,554 a set of 30 amendments Convention of 1875 seem to have sat- 

affecting 36 sections of the ig^ed most of the need for constitu- 

Constitution. These amendments tional change for a generation, for 

(which took effect on January 1, only four amendments were submit- 

1877) prohibited secret political soci- ted by the General Assembly to the 

eties, moved the legislative conven- voters throughout the remainder of 

ing date from November of even the nineteenth century. Three of 

numbered years to January of odd them were ratified; one failed, 

numbered years, fixed in the in 1900 the suffrage article was 

Constitution for the first time the revised to add the literacy test and 

rate of legislative compensation, poll tax requirement for voting (the 

called for legislation establishing a latter provision was repealed in 

State Department of Agriculture, 1920). A slate of ten amendments 

abandoned the simplicity and unifor- prepared by a constitutional commis- 

mity of the 1868 court system by giv- gion and proposed by the General 

ing the General Assembly power to Assembly in 1913 was rejected by the 

determine the jurisdiction of all voters in 1914. With the passage of 

courts below the Supreme Court and time and amendments, the attitude 

to establish such courts inferior to towards the Constitution of 1868 had 

the Supreme Court as it might see changed from resentment to a rever- 

fit, reduced the Supreme Court from ence so great that until the second 

five to three members, required third of the twentieth century, 

Superior Court judges to rotate amendments were very difficult to 

among all judicial districts of the obtain. Between 1900 and 1933, the 

State, disqualified for voting persons voters ratified 15 and rejected 20 

guilty of certain crimes, established amendments. During the first third 

a one-year residency requirement for of this century, nevertheless, amend- 

voting, required non-discriminatory ments were adopted lengthening the 

racial segregation in the public school term from four to six months. 



140 North Carolina Manual 

prohibiting legislative charters to an enlightened policy of state respon- 

private corporations, authorizing sibility for the maintenance of educa- 

special Superior Court judges, fur- tional, charitable, and reformatory 

ther limiting the General Assembly's institutions and pro-ams. 

powers to levy taxes and incur debt, Several provisions of the pro- 

and abolishing the poll tax require- posed Constitution of 1933 were later 

ment for voting and reducing the res- incorporated into the Constitution by 

idence qualification for voters, individual amendments, and to a 

Amendments designed to restrict the limited extent it served as a model 

legislature's power to enact local, pri- for the work of the 1957-59 

vate and special legislation were Constitutional Commission, 

made partly ineffective by judicial Between the mid-1930's and the 

interpretation. late 1960's, greater receptiveness to 

constitutional change resulted in 

_, _, - -. , , amendments authorizing the classifi- 

The Proposed Constitution nation of property for taxation; 

or 1933 strengthening the limitations upon 

public debt; authorizing the General 

A significant effort at general Assembly to enlarge the Supreme 
revision of the Constitution was Court, divide the State into judicial 
made in 1931-33. A Constitutional divisions, increase the number of 
Commission created by the General Superior Court judges, and create a 
Assembly of 1931 drafted and the Department of Justice under the 
General Assembly of 1933 approved Attorney General; enlarging the 
a revised Constitution. Blocked by a Council of State by three members; 
technicality raised in an advisory creating a new, appointive State Board 
opinion of the State Supreme Court, of Education with general supervision 
the proposed Constitution of 1933 of the schools; permitting women to 
never reached the voters for serve as jurors; transferring the 
approval. It would have granted the Governor's power to assign judges to 
Governor the veto power; given to a ^^^ ^^^^^ Justice and his parole power 
Judicial Council composed of all the *o ^ ^^^^^ of Paroles; permitting the 
judges of the Supreme and Superior waiver of indictment in non-capital 
Courts power to make all rules of ^^^^^' ""^^^^^^ ^^^ compensation of the 
practice and procedure in the courts ^^"^'^^ Assembly and authorizing leg- 
inferior to the Supreme Court; 'f ^^^"^^ ^^P^^'^ allowances; increasing 
required the creation of inferior ^he general purpose property tax levy 

, , ,1 , J limitation and the maximum income 

courts by general laws only; removed , , j ..i • • ^i i • r 

i. rxL. T -J. J.- XI . • tax rate; and authorizing the closing of 

most of the limitations on the taxing ,t i. i i i j.- l • 

„ ,. ^ . ^ , , public schools on a local option basis 

powers of the Genera Assembly; ^^^ ^^^ payment of educational 

required the General Assembly to ^^p^^^^ g^^^^g -^ ^^^^^^ ^^^^^ 

provide for the organization and ^he 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. 



The North Carolina Constitution 141 

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 and 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 



142 



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 



The North Carolina Constitution 



143 



1968, only seven of 49 proposed 
amendments were rejected by the 
voters - a failure rate of only 14.3%. 

After the amendments of the 
early 1960's, the pressure for consti- 
tutional change subsided. Yet, while 
an increasingly frequently used 
amendment process had relieved 
many of the pressures that otherwise 
would have strengthened the case for 
constitutional reform, it had not kept 
the Constitution current in all 
respects. Constitutional amendments 
usually were drafted in response to 
particular problems experienced or 
anticipated and generally they were 
limited in scope so as to achieve the 
essential goal, while arousing mini- 
mum unnecessary opposition. Thus 
amendments sometimes were not as 
comprehensive as they should have 
been to avoid inconsistency in result. 
Obsolete and invalid provisions had 
been allowed to remain in the 
Constitution to mislead the unwary 
reader. Moreover, in the absence of a 
comprehensive reappraisal, there 
had been no recent occasion to recon- 
sider constitutional provisions that 
might be obsolescent but might not 
have proved so frustrating or unpop- 
ular in their effect as to provoke 
curative amendments. 



The Constitutional Study 
Commission of 1967 

It was perhaps for these reasons 
that when Governor Dan K. Moore 
recommended to the North Carolina 
State Bar in the fall of 1967 that it 
take the lead in making a study of 
the need for revision of the State 
Constitution, the response was 
prompt and affirmative. The North 
Carolina State Bar and the North 
Carolina Bar Association joined to 



create the North Carolina State 
Constitution Study Commission as a 
joint agency of the two organizations. 
The 25 members of that commission 
(fifteen attorneys and ten laymen) 
were chosen by a steering committee 
representative of the sponsoring 
organizations. The Chairman of the 
Commission was former state Chief 
Justice Emery B. Denny. 

The State Constitution Study 
Commission worked throughout 
most of 1968. It became clear early in 
the course of its proceedings that the 
amendments the Commission wished 
to propose were too numerous to be 
submitted to the voters as indepen- 
dent propositions. On the other 
hand, the Commission did not wish 
to embody all of its proposed changes 
in a single document, to be approved 
or disapproved by the voters on a 
single vote. The compromise proce- 
dure developed by the Commission 
and approved by the General 
Assembly was a blend of the two 

approaches. The Commission com- 
bined in a revised text of the 
Constitution all of the extensive edi- 
torial changes that it thought should 
be made in the Constitution, togeth- 
er with such substantive changes as 
the Commission deemed not to be 
controversial or fundamental in 
nature. These were embodied in the 
document that came to be known as 
the Constitution of 1971. Those pro- 
posals for change that were deemed 
to be sufficiently fundamental or 
potentially controversial in character 
as to justify it, the Commission set 
out as independent amendment 
propositions, to be considered by the 
General Assembly and by the voters 
of the State on their independent 
merits. Thus the opposition to the 
latter proposals would not be cumu- 
lated. The separate proposals framed 
by the Commission were ten in num- 
ber, including one extensive revision 



144 



North Carolina Manual 



of the finance article of the 
Constitution which was largely the 
work of the Local Government Study 
Commission, a legislatively-estab- 
lished group then at work on the 
revision of constitutional and statu- 
tory provisions with respect to local 
government. The amendments were 
so drafted that any number or combi- 
nation of them might be ratified by 
the voters and yet produce a consis- 
tent result. 

The General Assembly of 1969, 
to which the recommendations of the 
State Constitution Study Commission 
were submitted, received a total of 
28 proposals for constitutional 
amendments. Constitutional revision 
was an active subject of interest 
throughout the session. The pro- 
posed Constitution of 1971, in the 
course of seven roll-call votes (four in 
the House and three in the Senate), 
received only one negative vote. The 
independent amendments fared vari- 
ously; ultimately six were approved 
by the General Assembly and sub- 
mitted to the voters. These were the 
executive reorganization amend- 
ment, the finance amendment, an 
amendment to the income tax provi- 
sion of the Constitution, a reassign- 
ment of the benefits of the escheats, 
authorization for calling extra leg- 
islative sessions on the petition of 
members of the General Assembly, 
and abolition of the literacy test for 
voting. All but the last two of these 
amendments had been recommended 
by the State Constitution Study 
Commission. At the election held on 
November 3, 1970, the proposed 
Constitution of 1971 was approved 
by a vote of 393,759 to 251,132. Five 
of the six separate amendments were 
approved by the voters; the literacy 
test repeal was rejected. 



The Constitution of 1971 took 
effect under its own terms on July 1, 
1971 (hence its designation as the 
"Constitution of 1971"). So did the 
executive reorganization amend- 
ment, the income tax amendment, 
the escheats amendment, and the 
amendment with respect to extra 
legislative sessions, all of which 
amended the Constitution of 1971 at 
the instant it took effect. The finance 
amendment, which made extensive 
revisions in the Constitution of 1971 
with respect to debt and local taxa- 
tion, took effect on July 1, 1973. The 
two-year delay in its effective date 
was occasioned by the necessity to 
conform state statutes with respect 
to local government finance to the 
terms of the amendment. 

The Constitution of 1971, the 
State Constitution Study Commission 
stated in its report recommending its 
adoption, effects a general editorial 
revision of the constitution... The 
deletions, reorganizations, and 
improvements in the clarity and con- 
sistency of language will be found in 
the proposed constitution. Some of 
the changes are substantive, but 
none is calculated to impair any pre- 
sent right of the individual citizen or 
to bring about any fundamental 
change in the power of state and 
local government or the distribution 
of that power. 

In the new Constitution, the old 
fourteen-article organization of the 
Constitution was retained, but the 
contents of several articles — notably 
Articles I, II, III, V, IX, and X - were 
rearranged in a more logical 
sequence. Sections were shifted from 
one article to another to make a 
more logical subject matter arrange- 
ment. Clearly obsolete and erroneous 
information were omitted, as were 
provisions essentially legislative in 



The North Carolina Constitution 145 

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 W) 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 
Governor's eligibility or term, or in or more elective state offices or of a 



146 North Carolina Manual 

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 
vote of approval. It was made permissible punishments for crime 



The North Carolina Constitution 



147 



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 1960s, 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 
members 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 
what types of public expendi- 
tures should require voter 



148 North Carolina Manual 

approval and what types should in the Constitution. This list was 

be made by a governing board on lengthened to include "emergen- 

its own authority was found by cies immediately threatening 

the General Assembly to be a leg- public health or safety." 

islative and not a judicial matter. (7) No change was made in the provi- 

In that conviction, the finance sions with respect to the classifi- 

amendment provided that the cation and exemption of property 

General Assembly, acting on a for purposes of property taxation, 

uniform, statewide basis, should The limitation of 200 on the $100 

make the final determination of valuation previously imposed on 

whether voter approval must be the general county property tax 

had for the levy of property taxes was omitted, 
or the borrowing of money to 

finance particular activities of The fourth independent amend- 

local government. ment also dealt with taxation. It 

(4) To facilitate governmental and struck out a schedule of specified 
private cooperative endeavors, minimum exemptions from the con- 
the state and local governmental stitutional provision on the state 
units were authorized by the income tax, leaving those exemptions 
amendment to enter into con- to be fixed by the General Assembly, 
tracts with and appropriate This change enabled the legislature 
money to private entities "for the to provide for the filing of joint tax 
accomplishment of public purpos- returns by husbands and wives and 
es only." to adopt a "piggyback" state income 

(5) The various forms of public finan- tax to be computed on the same basis 

cial obligations were more pre- as the federal income tax, thus 

cisely defined than in the previ- relieving the taxpayer of two sets of 

ous constitution, with the gener- computations. The amendment 

al effect of requiring voter retains the maximum tax rate at ten 

approval only for the issuance of per cent. 

general obligation bonds and The final amendment ratified in 
notes or for governmental guar- 1970 assigned the benefits of proper- 
antees of the debts of private per- ty escheating to the State for want of 
sons or organizations. The an heir or other lawful claimant to a 
General Assembly was directed special funds, to be available to help 
to regulate by general law (per- needy North Carolina students 
mitting classified but not local attending public institutions of high- 
acts) the contracting of debt by er education in the State. Property 
local governments. escheating prior to July 1, 1971, con- 

(6) The amendments retained the tinues to be held by The University 
existing limitation that the state of North Carolina. 

and local governments may not. The one amendment defeated by 

without voter approval, borrow the voters in 1970 would have 

more than the equivalent of two- repealed the state constitutional 

thirds of the amount by which requirement that in order to register 

the unit's indebtedness was as a voter, one must be able to read 

reduced during the last fiscal and write the English language, 

period, except for purposes listed That requirement was already inef- 



The North Carolina Constitution 149 

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 

two-year terms. The Constitution of Supreme Court to review direct 

1868 extended the Governor's term appeals from the Utilities 



150 North Cakolina Manual 

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. 

An amendment to shift the elec- 
tions for state legislative, executive, EDITOR'S NOTE: One addition- 

and judicial officers and for county al constitutional amendment has 

officers from even-numbered to odd- been submitted to the voters. This 

numbered years (beginning in 1989 amendment, permitting the General 

for legislators and 1993 for Assembly to issue bonds without a 

Governors and other state execu- referendum to finance public projects 

tives) was submitted by the General associated with private industrial 

Assembly of 1985 to the voters, who and commercial economic develop- 

rejected it on May 6, 1986. An ment projects, was defeated by the 

amendment to revert to the pre- 1977 voters on November 2, 1993. 



The North Carolina Constitution 



151 



Conclusion 

The people of North Carolina 
have treated their constitution with 
conservatism and respect. The fact 
that we have adopted only three con- 
stitutions in two centuries of exis- 
tence as a state is the chief evidence 
of that attitude. (Some states have 
adopted as many as five or ten con- 
stitutions in a like period). 
Furthermore, the relative small 
number of amendments, even in 
recent years, is another point of con- 
trast to many states. It reflects the 
fact that North Carolina has been 
less disposed than have many states 
to write into its state constitution 
detailed provisions with respect to 
transitory matters better left to leg- 
islation. The Constitution has 
allowed the General Assembly wide 
latitude for decision on public affairs, 
and legislators have been willing to 
accept responsibility for and act on 
matters within their authority 
instead of passing the responsibility 
for difficult decisions on to the voters 
in the form of constitutional amendments. 

Constitutional draftsmen have 
not been so convinced of their own 
exclusive hold on wisdom or so 
doubtful of the reliability of later 



generations of legislators that they 
found it necessary to write into the 
Constitution the large amount of reg- 
ulatory detail often found in state 
constitutions. Delegates to constitu- 
tional conventions and members of 
the General Assembly have acted 
consistently with the advice of the 
late John J. Parker, Chief Judge of 
the United States Court of Appeals 
for the Fourth Circuit (1925-58), who 
observed: 

The purpose of a state constitu- 
tion is two-fold: (1) to protect the 
rights of the individual from 
encroachment by the State; and (2) 
to provide a framework of govern- 
ment for the State and its subdivi- 
sions. It is not the function of a con- 
stitution to deal with temporary con- 
ditions, but to lay down general prin- 
ciples of government which must be 
observed amid changing conditions. 
It follows, then, that a constitution 
should not contain elaborate legisla- 
tive provisions, but should lay down 
briefly and clearly fundamental prin- 
ciples upon which government shall 
proceed, leaving it to the people's 
representatives to apply these princi- 
ples through legislative to conditions 
as they arise. 



152 



North Carolina Manual 





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The North Carolina Constitution 



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The last page of the Constitution of 1868. 
(An additional five pages of 91 signatures follow this page.) 



154 North Caeolina 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 155 

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 property, 
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. 



156 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 157 

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 



158 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 159 

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 



160 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 161 

(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. 



162 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 beginning 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 expen- 
ditures, after first making adequate provision for the prompt pay- 
ment of the principal of and interest on bonds and notes of the State 
according to their terms, whenever he determines that receipts dur- 
ing 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 163 

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 



164 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 165 

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. 



166 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 167 

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. 



168 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 169 

(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 he 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 



170 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 171 

(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; 



172 North Carolina Manual 

(e) to meet emergencies immediately threatening the public health or 

safety, as conclusively determined in writing by the Governor; 

(f) 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 173 

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 



174 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 175 

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. 



176 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: 

"/, ..., 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 177 

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 
lcx:al 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. 



178 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 179 

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 



180 North Carolina Manual 

distributive shares of the estates of deceased persons shall be used to 
aid worthy and needy students who £ire residents of this State and 
are enrolled in public institutions of higher education in this State. 
The method, amount, and tj^De 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 181 

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 of!ice 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. 



182 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 183 

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 



184 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 185 

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 local 
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) 



186 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 187 

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) 



188 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 Caro/ma, 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 peirties 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 189 

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) 



190 



North Carolina Manual 



CHAPTER TWO 



The Executive Branch 



^ 



^ 



i 



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. 



dS 



State Government Reorganization 



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 



191 



established the State Government 
Reorganization Study Commission in 
October of 1969. Later, in May 1970, 
a fifty-member citizen's Committee 
on State Government Organization 
was appointed by the Governor to 
review the study and make specific 
recommendations . 

The constitutional proposal 
requiring the reduction of the num- 
ber of administrative departments to 
not more than 25 by 1975 was adopted 
in the general election on November 3, 
1970, and the Committee on State 
Government Reorganization submit- 
ted its recommendations to the 
Governor on February 4, 1971. 

The committee recommended 
implementation of the amendment in 
two phases. Phase I would be the 
grouping of agencies together in a 
limited number of functional depart- 
ments. This was accomplished in 
1971 through legislative action. 
Phase II began in 1971 and contin- 
ued into 1973 as agencies began to 
work together. Evaluations of agency 
and department organizations were 
done and bills prepared that would 
revise existing statutes on the basis 
of these evaluations and experience. 
Drafted proposals were presented to 
the 1973 General Assembly and leg- 
islative implementation began. 

With strong support from 
Governor Scott, the Executive 
Organization Act of 1971 was rati- 
fied July 14, 1971. It created 19 prin- 
cipal offices and departments con- 
sisting of ten offices and depart- 
ments headed by elected officials and 
nine other departments formed by 
the grouping of agencies along func- 
tional lines. The act provided for two 
types of transfers to accomplish the 
first phase of reorganization. Under 
the act, a Type I transfer meant the 



transferring of all or part of an 
agency, including its statutory 
authority, powers and duties, to a 
principal department. A Type II 
transfer meant the transferring 
intact of an existing agency to a prin- 
cipal department with the transfer- 
ring agency retaining its statutory 
authority and functions, which would 
be performed under the direction and 
supervision of the head of the principal 
department. 

All offices and departments 
called for by the Executive 
Organization Act of 1971 were creat- 
ed by executive order of Governor 
Scott prior to the July 1, 1972 dead- 
line set by the Act. The principal 
offices and departments created were 
the following: Office of the Governor, 
Office of the Lieutenant Governor, 
Department of the Secretary of 
State, Department of the State 
Auditor, Department of State 
Treasurer, Department of Public 
Education (now the Department of 
Public Instruction), Department of 
Justice, Department of Agriculture, 
Department of Labor, Department of 
Insurance, the Department of 
Administration, the Department of 
Transportation and Highway Safety 
(now named the Department of 
Transportation), the Department of 
Natural and Economic Resources 
(now the Department of Environment, 
Health, and Natural Resources), 
Department of Human Resources, 
Department of Social Rehabilitation 
and Control (now the the 
Department of Correction), the 
Department of Commerce , the 
Department of Revenue, Department 
of Art, Culture and History (now 
Department of Cultural Resources), 
and Department of Military and 
Veterans' Affairs (MVA) (which no 



192 North Carolina Manual 

longer exists). By executive order Board to the Secretary on any matter 

issued June 26, 1972, an Executive which might be referred to it by the 

Cabinet was formed consisting of the Secretary. 

heads of these departments. In the 1973 act, the Department 

Meetings of the Cabinet were very of Military and Veterans Affairs was 

important in solving the Phase II specifically charged with providing 

problems of reorganization. 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 of 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 eral laws implementing the new pro- 
decisions already vested in various posals. 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. The 

Department of Cultural Resources. State Highway Patrol, formerly in 

Various Boards, Commissions, the Department of Transportation's 

Councils, and Societies which relate to Division of Motor Vehicles, has been 

a cult orientation were brought under transferred (by a Type I transfer) to 

the umbrella of the Department of the Department of Crime Control 

Cultural Resources. and Public Safety. A newly created 

Two of the previously created Governor's Crime Commission is also 
Departments, Human Resources and part of this new department. 
Revenue were recreated making In reorganizing the old 
some technical changes not found in Department of Military and Veterans 
the original law. Specifically, in the Affairs, the Energy Division and the 
Department of Human Resources, a Energy Policy Council were trans- 
Board of Human Resources was ferred to the Department of 
created to serve as an Advisory Commerce. Also transferred to the 



The North Carolina Executive Branch 193 

Department of Commerce were three the Department of Community 
agencies previously under the Colleges — and some agencies given 
Department of Transportation - the autonomous status, as in the case of 
State Ports Authority, and two com- *he Office of the State Controller, 
missions on Navigation and Pilotage. "^^^ "^°st recent reorganization 
Other legislative changes were occurred in 1989 with major changes 
enacted to further reorganize the among and within the Departments 
Department of Commerce by trans- °^ Commerce, Human Resources, and 
fering to it the Economic Natural Resources and Community 
Development Division of the Development (NRCD). The results 
Department of Natural and w®''® *h® renaming of two depart- 
Economic Development as well as by ments and the restructuring of all 
creating the Labor Force three. The Department of Natural 
Development Council to coordinate Resources and Economic 
the needs of industry with the pro- Development became the 
grams offered in our educational Department of Environment, Health, 
institutions. There was, however, ^^^ Natural Resources with primary 
some opposition to moving Economic responsibilities in the areas of envi- 
Development from the Department ronmental and natural resources 
of Natural and Economic management and public health pro- 
Development because the existing Section. The Department of 
structure allowed new prospect Commerce was renamed the 
industry to deal with only one Department of Economic and 
department in finding economic Community Development. This 
opportunity within the state as well department acquired the community 
as information regarding environ- development activities of old NRCD 
mental requirements and restrictions. ^^d added them to the commercial 
Reorganization is an ongoing ^^^ industrial activity of the old 
process in state government as efforts Department of Commerce. The 
made to reduce the bureaucracy and Department of Human Resources 
avoid confusion and duplication. Since lost its Division of Health Services 
that first effort in the early 1970's, and several sections from other divi- 
department names have been sions relating to environmental and 
changed, a new department created— health management. 



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 



194 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 Greneral 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 195 

I , I 

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. 

■1 ' - • ™ ^- I 



196 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 197 

THE OFFICE OF THE GOVERNOR 



The Office of the Governor is the their second constitution. The 

oldest governmental office in Constitution of 1868 provided 

North Carolina. The first many of the amendments that had 

Governor was Ralph Lane, who been added to the original 1776 

served as Governor of Sir Walter Constitution, but also included 

Raleigh's first colony on Roanoke changes resulting from the Civil War 

Island (1585). The first permanent and new attitudes towards govern- 

Governor was William Drummond, ment. Provisions in this new consti- 

appointed by William Berkeley, tution increased the Governor's term 

Governor of Virginia and one of the of office from two to four years, and 

Lords Proprietors. Prior to 1729, increased some of his duties and 

Governors were appointed by the powers as well. 

Lords Proprietors and, after 1730, Today, North Carolina is gov- 
they were appointed by the crown. A erned by her third constitution; how- 
governor served at the pleasure of ever, few changes dealing with the 
his appointer, usually until he executive branch, and the Governor, 
resigned, although there were sever- in particular, were changed when 
al instances where other factors were ratified by the people in 1970. Two 
involved. When a regularly appoint- omissions from the Constitution of 
ed Governor, for whatever reason, 1971, which were found in most 
could no longer perform his functions other state constitutions, were over 
as chief executive, either the presi- legislation passed by the General 
dent of the council, the deputy, or Assembly. The citizens of North 
Lieutenant Governor, took over until Carolina addressed the issue of 
a new Governor was appointed and gubernatorial succession in 1977 and 
qualified. Following our first state voted to allow the Governor and 
constitution, the Governor was elect- Lieutenant Governor to run for a sec- 
ed by the two houses of the General ond consecutive term. Following his 
Assembly. He was elected to serve a reelection in 1980, Governor James 
one-year term and could serve no B. Hunt, Jr. became the first North 
more than three years in any six. Carolina 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. The 

1868, North Carolinians adopted Governor of North Carolina is not only 



198 North Carolina Manual 

the state's chief executive, but also execute the laws of the State. He 

the director of the budget, with has the power to grant pardons and 

responsibilities for all phases of bud- to commute sentences; to issue extra- 

geting from the initial preparation to dition warrants and requests; to join 

final execution; he is Commander-In- interstate compacts; and to reorga- 

Chief of the state military; and he is nize and consolidate state agencies. 

Chairman of the Council of State The Governor has final authority 

which meets regularly and which he over expenditures of the State, and 

may convene in times of emergen- he is also responsible for the admin- 

cies. He also has the authority to istration of all funds and loans from 

convene the General Assembly into the federal government. At the start 

extra session should affairs of the of each regular session of the 

State dictate such a move. The General Assembly, the Governor 

Governor is directed by the North deUvers the State of the State address 

Carolina Constitution to faithfully to ajoint session of the 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 the Governor for more than 350 statutory and non 
statutory boards and commissions appointed by the Governor. The Boards 
and Commissions Office researches qualifications and requirements, main- 
tains records, and serves as a liaison with associations, agencies and inter- 
ested individuals and groups. 



The North Carolina Executive Branch 199 

The Press Office 

The Press Secretary serves as the Governor's spokesperson and coordi- 
nates communications efforts for the administration, making sure the press 
and public get information about their state government. In addition to 
preparing press releases, speeches, and public service announcements issued 
by the Governor, the Press Office also plans public events for the Governor. 

The Office of Citizen Affairs 

The Office of Citizen Affairs helps make government work better for the 
citizens of North Carolina. Its Citizen Relation Representives respond to 
complaints and help citizens tackle problems with the help of state agencies. 
In addition to handling citizens' concerns, this office offers information about 
volunteerism in North Carolina. The Office continually promotes volunteer 
activity within the state and sponsors three regional volunteer recognition 
ceremonies each year. Among the awards presented at these ceremonies are 
the Governor's Awards for Bravery and Heroism, the Governor's Awards for 
Outstanding Volunteer Service, the Long Leaf Pine Certificate, and 
Honorary Tar Heel Certificate. By encouraging citizen involvement, the 
Office of Citizen Affairs maintains a direct link between the Governor and 
the people of North Carolina. The Office of Citizen Affairs also houses the 
N.C. State Commission on National and Community Service. 

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 and 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 



200 North Carolina Manual 

funding to boost western North Carolina and helps administer the 
Governor's policies and programs. The staff of the Western Office represents 
the Governor on councils and boards, forums, and civic and business events. 
In addition, the day-to-day management and supervision of the use of the 
Governor's Western Residence is a major responsibility of this office. The res- 
idence is available to non-profit, civic, state, local and federal agencies for 
meetings, retreats, etc. Over 4,000 people visited and used the residence for 
meetings during 1994. 

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, federal agencies, and the White 
House. The staff monitors and evaluates the impact of legislative initiatives 
proposed by the administration and advocates for the interests of the state. 
The Washington Office also responds directly to constituent requests for 
information 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 201 



202 



North Carolina Manual 




The North Carolina Executive Branch 203 

James B« Hunt^ |r« 

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 and first Grovemor elected to a third term); Lt. Grovernor, 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. 

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. 

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; Chair of the National Commission on Teaching and America's Future. 

Honors and Awards 

Child Health Advocate Award presented from the American Academy of Pediatrics, 
1994; James B. Conant Award, for service as the public leader in America contribut- 
ing most significantly to progress in public education, 1984; National 4-H 
Outstanding Alumnus Award, 1984; Conservation Achievement Award, presented to 
the outstanding 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. 

Publications 

"Acreage Controls and Poundage Controls: Their Effects on Most Profitable 



204 North Carolina Manual 

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). 

Legislative Initiatives 

Since taking office in January, 1993, Gov. Hunt has dedicated his administration on 
better schools, a better start for children, better jobs and safer neighborhoods. 

Cutting taxes and government: In 1995, Gov. Hunt proposed a $483 mil- 
lion tax cut - the largest in North Carolina history - targeting working families with 
children. At the same time, he proposed "downsizing" state government, abolishing 
2,000 state jobs, holding down state spending and cutting unnecessary government 
programs. 

Fighting crime: Gov. Hunt has pushed the Legislature to build no-frills 
prisons, toughen sentences, repeal the prison cap, put more prisoners to work and put 
crime victims first. In 1994, he called a special session on crime during which he 
pushed for the passage of a 36-point crime-fighting plan that lengthened sentences 
for violent criminals and launched new prevention efforts. Nearly 13,000 (CK) prison 
beds have been built or authorized since Grov. Hunt took office in 1993. More military- 
style boot camps and prison work farms have also been built. The Community Work 
Program, which was launched in 1995, has put some 17,000 (CK) prisoners in job 
training programs or to work maintaining public buildings, cleaning up highways, 
growing their own food and building new prisons. 

Putting children first: Under Gov. Hunt's leadership, North Carolina has 
launched Smart Start, the nation's first public-private effort to provide quality day 
care, health care and family services to every child who needs it. So far, more than 
9,000 children have gotten the day care subsidies their families need so that their 
parents can work. Nearly 60,000 children are receiving higher quality child care 
thanks to better trained teachers and quality incentives to child care centers. More 
than 35,000 children have gotten early intervention and preventive health screen- 
ings, and more than 156,000 children have gotten immunizations so they can get a 
healthy start in life. 

Building better schools: Gov. Hunt has led efforts to make schools safer, 
spearheading new laws to keep weapons and violent people off campuses. He formed 
the NC Center for Prevention of School Violence to provide hands-on help for schools; 
fueled a drive to get students involved in making classrooms safer; and has provided 
new resources for school resource officers. Furthermore, at Grov. Hunt's urging, the 
General Assembly has reduced class size in kindergarten and first grade. 

Reforming welfare: To break the cycle of welfare dependency and help 
families get back on the right path. Gov. Hunt has launched "Work First." This pro- 
gram requires North Carolinians to work 30 hours a week - paid or unpaid - within 12 
weeks and honor "personal responsibility" contracts in exchange for welfare benefits. 
In addition. Gov. Hunt is cracking down on deadbeat parents with one of the nation's 
toughest child support enforcement packages. 

Economic development: Over 250,000 jobs were created in 1993 and 
1994, more than in any two-year period in the last decade. In 1993, the National 
Alliance for Business named North Carolina the "State of the Year," citing Gov. Hunt 
for his efforts to build a world-class workforce, and Forbes has identified North 
Carolina as one of the top boom states in the country. In 1994, Gov. Hunt launched 
JobReady, a program designed to prepare high school students for the workforce, 
whether they attend a four-year college, two-year college, or go straight to work after 
graduation. JobReady relies on school-business partnerships to give students first- 
hand experience in the workplace. 

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 205 

GOVERNORS OF NORTH CAROLINA 



GOVERNORS OF "VIRGINIA"^ 

Name Term 

Ralph Lanel 1585-1586 

JohnWhite2 1587 



PROPRIETARY CfflEF EXECUTIVES' 



Name Term 

(Samuel Stephens)3 [1622-1664] 

William Drummond4 1665-[1667] 

Samuel Stephens^ [1667-1670] 

Peter Carterete 1670-1671 

Peter Carteret^ 1671-1672 

JohnJenkinsS 1672-1675 

Thomas Eastchurch9 1675-1676 

[Speaker- Assembly] 10 1676 

John Jenkins" 1676-1677 

Thomas Eastchurch^^ 

Thomas Millerl3 1677 

[Rebel Council]14 1677-1679 

Seth SothelllS 

JohnHarveyi6 1679 

John Jenkinsl7 1679-1681 

Henry Wilkinson^S 

SethSothellis [1682]-1689 

John Archdale20 1683-1686 

JohnGibbs2l 1689-1690 

Phillip Ludwell22 1690-1691 

Thomas Jarvis23 1690-1694 

Phillip Ludwell24 1693-1695 

Thomas Harvey25 1694-1699 

John Archdale26 1695 

John Archdale27 1697 

Henderson Walker28 1699-1703 

Robert Daniel29 1703-1705 

Thomas CarySO 1705-1706 

William Glover3l 1706-1707 

Thomas Cary32 1707 

William Glover33 1707-1708 

Thomas Cary34 1708-1711 



206 North Carolina Manual 

Name Term 

[William Glover]35 [1709-1710] 

Edward Hyde36 1711-1712 

Edward Hyde37 1712 

Thomas Pollock38 1712-1714 

Charles Eden39 1714-1722 

Thomas Pollock^o 1722 

William Reed4l 1722-1724 

George Burrington42 1724-1725 

Edward Moseley43 1724 

Sir Richard Everard44 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^^ 

Name Term. 

George Burrington46 1731-1734 

Nathaniel Rice47 1734 

GabrielJohnston48 1734-1752 

Nathaniel Rice49 1752-1753 

Matthew RowanSO 1753-1754 

Arthur DobbsSi 1754-1765 

James Hasell52 1763 

William Tryon53 1765 

William Tryon54 1765-1771 

James Hasell^s 1771 

Josiah MartinSe 1771-1775 

James Hasell57 1774 

ELECTED BY THE GENERAL ASSEMBLY'S 

Name Residence Term 

Richard Caswell59 Dobbs 1776-1777 

Richard Caswell Dobbs 1777-1778 

Richard Caswell Dobbs 1778-1779 

Richard Caswell Dobbs 1779-1780 

AbnerNash60 Craven 1780-1781 

Thomas Burke^i Orange 1781-1782 

Alexander Martin62 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 

Samuel Johnston Chowan 1787-1788 



The North Carolina Executive Branch 



207 



Name Residence Term 

SamuelJohnston Chowan 1788-1789 

SamuelJohnston63 Chowan 1789 

Alexander Martin64 Guilford 1789-1790 



Alexander Martin 

Alexander Martin 

Richard Dobbs Spaight 
Richard Dobbs Spaight 
Richard Dobbs Spaight 

Samuel Ashe 

Samuel Ashe 

Samuel Ashe 



Guilford 1790-1792 

Guilford 1792 

Craven 1792-1793 

Craven 1793-1795 

, Craven 1795 

New Hanover 1795-1796 

New Hanover 1796-1797 

New Hanover 1797-1798 

William R. Davie65 Halifax 1798-1799 

Benjamin Williams Moore 1799-1800 

Benjamin Williams Moore 1800-1801 

Benjamin Williams Moore 1801-1802 

John Baptiste Ashe66 Halifax 

James Turner67 Warren 1802-1803 

James Turner Warren 1803-1804 

James Turner68 Warren 1804-1805 



Nathaniel Alexander..., 
Nathaniel Alexander..., 

Benjamin Williams , 

David Stone , 

David Stone 

Benjamin Smith , 

William Hawkins , 

William Hawkins , 

William Hawkins 

William Miller 

William Miller 

William Miller 

John Branch 

John Branch 

John Branch 

Jesse Franklin 

Gabriel Holmes 

Gabriel Holmes 

Gabriel Holmes 

Hutchings G. Burton... 
Hutchings G. Burton... 
Hutchings G. Burton... 

James Iredell, Jr.^^ 

John Owen 

John Owen 

Montford Stokes'^O 

Montford Stokes 

David L. Swain 

David L. Swain 

David L. Swain 

Richard D. Spaight, Jr. 



.Mecklenburg 1805-1806 

.Mecklenburg 1806-1807 

.Moore 1807-1808 

.Bertie 1808-1809 

.Bertie 1809-1810 

.Brunswick 1810-1811 

.Warren 1811-1812 

.Warren 1812-1813 

.Warren 1813-1814 

.Warren 1814-1815 

.Warren 1815-1816 

.Warren 1816-1817 

.Halifax 1817-1818 

.Halifax 1818-1819 

.Halifax 1819-1820 

.Surry 1820-1821 

.Sampson 1821-1822 

.Sampson 1822-1823 

.Sampson 1823-1824 

.Halifax 1824-1825 

.Halifax 1825-1826 

.Halifax 1826-1827 

.Chowan 1827-1828 

.Bladen 1828-1829 

.Bladen 1829-1830 

.Wilkes 1830-1831 

.Wilkes 1831-1832 

.Buncombe 1832-1833 

.Buncombe 1833-1834 

.Buncombe 1834-1835 

.Craven 1835-1836 



208 North Carolina Manual 

ELE CTED BY THE PEOPLE^l - 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. Reid72 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'^5 Rowan 1861 

Henry T. Clark^s Edgecombe 1861-1862 

Zebulon B. Vance Buncombe 1862-1864 

Zebulon B. Vance Buncombe 1864-1865 

William W. Holden77 Wake 1865 

Jonathan Worth Randolph 1865-1866 

Jonathan Worth Randolph 1866-1868 

ELE CTED BY THE PEOPLE-FOUR- YEAR TERM ^S 

Name Residence Term 

William W. Holden^S Wake 1868-1870 

Tod R. Caldwell80 Burke 1870-1873 

Tod R. Caldwell8l Burke 1873-1874 

Curtis H. Brogden Wayne 1874-1877 

Zebulon B. Vance82 Buncombe 1877-1879 

Thomas J. Jarvis83 Pitt 1879-1881 

Thomas J. Jarvis Pitt 1881-1885 

James L. Robinson^'* Macon 1883 

Alfred M. Scales Rockingham 1885-1889 

Daniel G. FowleSS 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 209 

Name Residence Term 

John Melville Broughton Wake 1941-1945 

Robert Gregg Cherry Gaston 1945-1949 

William Kerr Scott Alamance 1949-1953 

William B. Umstead86 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. Martinis Iredell 1985-1989 

James G. Martin Iredell 1989-1993 

James B. Hunt, Jr.90 Wilson 1993-Present 

Governors of ''Virginia'* 



iLane 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. 

2White 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 



^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. 

^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, 

^Stephens was appointed by the Lords Proprietors to replace Drummond and 



210 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. 

^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. 

"^See footnote 6. 

^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". 

^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. 

i^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. 

iiSee footnote 10. 

l^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." 

i3See footnote 12. 

l^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. 

^^Sothel was appointed governor in 1678, but was captured 'Tjy 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". 

l^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. 

^"^ 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 211 

ISWilkinson was appointed by the Lords Proprietors but never left England — "he 
was arrested and imprisoned in London while preparing to sail". 

l^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 Grovernorship 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. 

20Archdale 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. 

2iThe 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). 

22Ludwell was originally commissioned governor by the Lords Proprietors on 
December 5, 1689 following the suspension of Sothel, but his dispute with Gibbs led 
to the issuance of a second commission on November 8, 1691. He served as governor 
until his appointment as governor of all Carolina. 

23Jarvis 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. 

24Ludwell 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 



212 North Carolina Manual 

City County in the Virginia Assembly. 

25Harvey 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. 

26Archdale stopped in North Carolina for a few weeks and acted as chief execu- 
tive on his way to Charleston to assume ofTice 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. 

^'^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. 

28Walker, 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). 

29Daniel 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. 

30Cary 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 213 

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 Gary, recently returned from South Garolina. 
After requesting that the lower house send its list of members to him, the president 
proposed dissolution of the assembly without further business. Gary 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 Gary 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, Gary moved to join Porter and the dissenters in the hope of regaining the 
chief executive's office. After receiving assurances of toleration from Gary, Porter 
moved decisively. Late in the summer of 1708, he called together both Gary'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. Gary and Glover each issued separate writs of 
election to every precinct which then proceeded to elect two sets of burgesses - one 
pledged to Gary and one to Glover. Gary men predominated in Bath Gounty and 
Pasquotank and Perquimans precincts. Glover men controlled Gurrituck precinct, 
and Ghowan was almost evenly divided. In the critical maneuvering for control of the 
assembly which met October 11, 1708, Gary forces scored an early, ultimately decisive 
victory. Edward Moseley, an Anglican vestryman, was chosen speaker of the house. 
Despite his religious affiliation, he was a Gary supporter. Through Moseley's careful 
management, Gary delegates were seated from every precinct except Gurrituck. 
When news of the Gary 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 
assembly nullified the test oaths, and the council officially elected Gary president. 

The Lords Proprietors were slow to intervene in the situation in North Garolina. 
In December, 1708, they appointed Edward Tynte to be governor of Garolina and 
instructed him to make Edward Hyde deputy governor of North Garolina. Arriving in 
the 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 
Gary and Porter. From his home in Bath, Gary rallied his supporters to resist, and 
the armed conflict known as the Gary Rebellion began. 

31See footnote 30. 

32See footnote 30. 

33See footnote 30. 

34See footnote 30. 

35See footnote 30. 

36Edward Hyde served first as president of the council and later as governor by 
commission from the Lords Proprietors. When Gary challenged his authority, armed 
conflict erupted between the two. The event, known as Gary's Rebellion, ended with 
the arrest of Gary — he was later released for lack of evidence. Hyde continued as 



214 North Carolina Manual 

governor until his death on September 8, 1712. 

S'^See footnote 36. 

38Pollock, as president of the council, became governor following the death of 
Hyde and served in that capacity until the arrival of Charles Eden. 

39Eden was commissioned by the Lords Proprietors and served until his death on 
March 22, 1722. 

'^opoUock, as president of the council, became chief executive after Eden's death, 
and served until his own death in September, 1722. 

"^'Reed was elected president of the council, to replace Pollock and as such served 
until the arrival of George Burrington. 

42Burrington 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. 

^^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. 

■^^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 



"^^In 1729, the Lords Proprietors gave up ownership of North Carolina and with it 
the right to appoint governors and other officials. 

46Burrington 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. 

'^'^Rice served as chief executive while Burrington was out of the colony. 

'^^Johnston was commissioned by the crown and served as governor until his 
death on July 17, 1752. 

^^Rice, as president of the council, became Chief executive following the death of 
Johnston however, he too was advanced in age and soon died. 

SORowan was elected president following the death of Rice and served as chief 
executive until the arrival of Dobbs. 

^iDobbs 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. 

^^Hassel served as chief executive during the absence of Dobbs from the colony. 
Dobbs had returned by December 19, 1763. 

53Tryon, 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. 

54See footnote 53. 

55James Hasell, as president of the council, acted as interim governor until the 
arrival of Josiah Martin. 

^^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 215 

others accept July 4, 1776. Martin considered himself to be governor throughout the 
Revolution since his commission had not been rescinded. 

S^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 

58The 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." 

59Caswell was appointed by the Provincial Congress to act "until [the] next 
Greneral Assembly." He was later elected by the general assembly to one regular term 
and two additional terms. 

60The 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. 

6lOn 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 Greneral 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. 

62Martin, 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. 

630n 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. 

64See footnote 63. 

^^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. 

6'^See footnote 66. 

68Turner was elected to the United States Senate on November 21, 1805 to fill a 
vacancy created by the resignation of Montford Stokes. 

69lredell resigned on December 1, 1828 following his election to the United States 
Senate to fill the seat vacated by the resignation of Nathaniel Macon. 

"^^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." 



216 North Carolina Manual 

Governors Elected by the People— Two- Year Term 

"^^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. 

"^^Manly was defeated for re-election by Reid in 1850. 

"^^On 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. 

74Winslow, as speaker of the house, qualified as governor following the resigna- 
tion of Reid. 

75Ellis died on July 7, 1861. 

"^^Clark, as speaker of the senate, became governor following the death of Ellis. 

'^'^Holden was appointed provisional governor on May 9, 1865 by the occupation 
commander. He was defeated by Worth in the popular election of 1865. 

'^^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 

"^^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. 

SOCaldwell 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. 

siSee footnote 80. 

S^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. 

83Jarvis became governor following the resignation of Vance, and was elected 
governor in the general elections of 1880. 

S'^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. 

85Fowle died April 7, 1891. 

86Umstead died on November 7, 1954. 

S'^Holshouser was the first Republican elected Governor since 1896 when Daniel 
Russell was elected. 

^^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. 

S^Martin was elected in 1984 becoming only the second Republican elected in this 
century. He was reelected in 1988. 

90Hunt 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 



217 



THE OFFICE OF THE 



LIEUTENANT GOVERNOR 



The origin of this 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 manage- 
ment 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 also a 
member of the Council of State and 
serves on the State Board of 
Education, the North Carolina 
Capitol Planning Commission, and 
chaired the State Board of 
Community Colleges for the 1993-95 
term. The Lieutenant Governor 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 
chairs the State Health Plan 
Purchasing Alliance Board which is 
helping provide more affordable 
health care coverage for North 
Carolina's working families and 
chairs the North Carolina Local 
Government Partnership Council as 
well which helps promote a better 



218 



North Carolina Manual 



relationship between state and local 
governments. The Lieutenant 
Governor makes appointments to 
more than 70 boards and commis- 
sions within the legislative and exec- 
utive branches. 

The Office of the Lieutenant 



Governor consists of a staff that 
assists the Lieutenant Governor 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 North Carolina Capitol Planning Commission 

The North Carolina Small Business Council 

The State Board of Community Colleges 

The State Board of Education 

The State Health Plan Purchasing Alliance Board 

The North Carolina Local Government Partnership Council 



For Further Information 



(919) 733-7350 



The North Carolina Executive Branch 219 



220 



North Carolina Manual 




The North Carolina Executive Branch 221 



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). 

Political Activities 

Lieutenant Grovernor of North Carolina, 1993-present; N.C. House of Representatives, 
1980-92 (6 terms). 

Organiza tions 

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; Chair, Small 
Business Council; Chair, State Health Plan Purchasing Alliance Board; Chair, North 
Carolina Local Government Partnership Council. 

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. 



222 



North Carolina Manual 



LIEUTENANT GOVERNORSi 



1868 to Present 



Name 

Tod R. Caldwell2 

Curtis H. Brogden^ . 
Thomas J. Jarvis'*... 



James L. Robinson^ Macon. 

Charles M. Stedman,,., 

Thomas M. Holt^ 

Rufus A. Doughton , 

Charles A. Reynolds ..., 

Wilfred D. Turner 

Francis D. Winston 

William C. Newland ... 
Elijah L. Daughtridge , 
Oliver Max Gardner ... 

William B. Cooper 

Jacob E. Long 

Richard T. Fountain ..., 
Alexander H. Graham , 

Wilkins P. Horton , 

Reginald L. Harris 

Lynton Y. Ballentine .. 
Hoyt Patrick Taylor. 



Residence Term 

...Burke 1868-1870 

...Wayne 1873-1874 

...Pitt 1877-1879 

1881-1885 



New Hanover 1885-1889 

Alamance 1889-1891 

Alleghany 1893-1897 

Forsyth 1897-1901 

Iredell 1901-1905 

Bertie 1905-1909 

Caldwell 1909-1913 

Edgecombe 1913-1917 

Cleveland 1917-1921 

New Hanover 1921-1925 

Durham 1925-1929 

Edgecombe 1929-1933 

Orange 1933-1937 

Chatham 1937-1941 

Person 1941-1945 

Wake 1945-1949 

Anson 1949-1953 

Luther H. Hodges^ Rockingham 1953-1954 



Luther E. Barnhardt 

Harvey Cloyd Philpott^ . 

Robert W. Scott 

Hoyt Patrick Taylor, Jr. 

James B. Hunt, Jr 

James C. Green^ 

Robert B. Jordan, IH 

James C. Gardner^o 

Dennis A. Wicker 



.Cabarrus 1957-1961 

.Davidson 1961-1965 

.Alamance 1965-1969 

.Anson 1969-1973 

.Wilson 1973-1977 

.Bladen 1977-1985 

.Montgomery 1985-1989 

.Nash 1989-1993 

.Lee 1993-Present 



iThe office of lieutenant governor was created by the North Carohna Constitution of 1868. 
2Caldwell became governor following the removal of Holden from office in 1870. 
^Brogden became governor following the death of Caldwell. 
"^Jarvis became governor following the resignation of Vance. 
^Robinson resigned from office on October 13, 1884. 
^Holt became governor following the death of Fowle. 
"^Hodges became governor following the death of Umstead. 
Sphilpott died on August 18, 1961. 

^Green was the first lieutenant governor elected to a second term. 
lOGardner was elected in 1988, becoming the first RepubUcan elected lieutenant 
governor this century. 



The North Carolina Executive Branch 223 

IT] 



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 year 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 Amendments Publications 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 pubhc 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 



224 North Carolina Manual 

Secretary of State, is charged with statutory requirements prior to filing 

maintaining certain records pertain- to authority to enforce such compli- 

ing to state and local government ance. The Department has responsi- 

actions and the commercial activities bilities under approximately fifty 

of private businesses. This duty is separate statutes dealing with such 

imposed by various sections of the diverse subjects as custodianship of 

General Statutes of North Carolina the Constitution and laws of the 

and involves varying degrees of State, administrative commercial 

responsibility ranging from review- law, the elective process, the General 

ing documents for compliance with 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, this 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. 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 Limited Liability Company Act. 

This 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 
Notary Public Education Program. The purpose of this program is to educate 
notaries about the legal, ethical and technical requirements of performing a 



The North Carolina Executive Branch 225 

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 lOA of the general 
statues. These include: 

(1) satisfactorily completing 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 col- 
leges (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) residing 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 responsible 
for maintaining, for public inspection, certain records, such as election 
returns, for which the Secretary of State is custodian. This 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 efibrt 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 North Carolina's 
securities laws. These "blue sky" laws, as they are known, are contained in 
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 



226 North Carolina Manual 

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 advisors, 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 credits 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, acting as the securities administrator for North 
Carolina, is a member 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 (includ- 
ing 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 (UCC) 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 Secretary of State, as central filing officer, receives and files financ- 
ing statements and related "notice" statements and furnishes the informa- 



The North Carolina Executive Branch 227 

tion to the public. This division processes more than 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 among the hundreds in existence. This experience 
often proves very frustrating to the would-be entrepreneur. To make this 
process simpler, the Business License Information Office has implemented a 
Master Application System which provides a "one stop" business application 
procedure for the entrepreneur. This program eliminates 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 for 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 
established for the convenience of the users. The number is (800) 228-8443. 

A directory, the North Carolina State Directory of Business Licenses and 



228 North Carolina Manual 

Permits, has been published by the office. This publication contains up-to- 
date information on more than 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 assistance to local govern- 
ments wishing to modernize and standardize local land records. Such assis- 
tance is provided in four major areas: base mapping, cadastral mapping, par- 
cel 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 no longer provides financial 
assistance to local governments, however, since its beginnings in 1978 until 
June 30, 1995, the Division's grant program has provided more than $5.6 
million in assistance to help modernize local records statewide. The Land 
Records Management Division has an advisory committee of 12 members 
nominated by professional associations and appointed by the Secretary of State. 

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 229 



230 



North Carolina Manual 




The North Carolina Executive Branch 231 

Rufus L> Edmisten 

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. 

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. 

Organizations 

Founder and Chair, Foundation for Good Business; Founder, Extra-Special Super 
Kids Scholarship Program, 1990 (scholarships awarded to students across the state in 
grades 5-8); Co-Chair, Kids Classic Golf Tournament to benefit Duke University 
Children's Hospital; 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; Past 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. 

Honors and Awards 

Visiting lecturer in Political Science (Constitutional Law), Greensboro College, 1985; 



232 North Carolina Manual 

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 233 

SECRETARIES OF NORTH CAROLINA 



COLONIAL SECRETARIES 
Name Term 



Richard Cobthropl 

Peter Carteret2 1665-[1672] 

Robert Holden3 1675-1677 

[Thomas Miller]4 1677-[1679] 

Robert HoldenS 1679-[1683] 

Woodrowe6 [1683-1685] 

Francis Hartley^ [1685-1692] 

Daniel AkerhurstS [1692-1700] 

Samuel Swann9 [1700]-1704 

Tobias Knightio 1704-1708 

George Lumleyll 1704 

George Lumley 1708 

Nevil Lowi2 

Tobias Knightl3 1712-1719 

JohnLovicki4 1719-1722 

JohnLovickiS 1722-1731 

Joseph Anderson^S 1731 

Nathaniel Ricei7 1731-1753 

James Murrayis 1753-1755 

Henry McCullochi9 1755 

Richard Spaight20 1755-1762 

Thomas Faulkner^l 

Richard Spaight22 1762 

Benjamin Heron23 1762-1769 

JohnLondon24 1769-1770 

Robert Palmer25 1770-1771 

Samuel Strudwick26 1772-[1775] 



SECRETARIES OF STATE27 



Name Residence Term 

James Glasgow28 1777-1798 

William White29 1798-1811 

William Hiliso 1811-1857 

Rufus H. Page3l 1857-1862 

John P. H. Russ32 1862-1864 

Charles R. Thomas33 1864-1865 

Robert W.Best34 1865-1868 

Henry J. Menninger35 Wake 1868-1873 

William H. Howerton Rowan 1873-1877 

Joseph A. Engelhard36 New Hanover 1877-1879 



234 North Carolina Manual 

Name Residence Term 

William L. Saunders37 Wake 1879-1891 

Octavius Coke38 Wake 1891-1895 

Charles M. Cooke39 Franklin 1895-1897 

Cyrus Thompson Onslow 1897-1901 

John Bryan Grimes^o Pitt 1901-1923 

William N. Everett^l Richmond 1923-1928 

James A. Hartness42 Richmond 1928-1933 

Stacey W. Waders Carteret 1933-1936 

Charles G. Powell44 Granville 1936 

Thad A. Burets Hertford 1936-1989 

Rufus L. Edmisten^s Watauga 1989-Present 

Colonial Secretaries 



^Cobthrop was apparently chosen by the Lords Proprietors, but never sailed to 
Albemarle. 

^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. 

^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. 

^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. 

^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. 

^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. 

'^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. 

^When Akehurst took office is not known, he was apparently acting by June 26, 
1693 when he acknowledged a land grant. It is possible that he was appointed as 



The North Carolina Executive Branch 235 

early as 1692 and presumably served until his death sometime in late 1699 or early 
1700. (His will was proved in Virginia in 1700). 

^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. 

lORnight 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. 

l^Lumley 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. 

l2Two 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. 

^^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. 

I'^Lovick was appointed by the governor and council following Knight's death. 

i^Lovick was commissioned by the Lords Proprietors and qualified before the 
Governor and Council. He served until 1731. 

^^Anderson was appointed by Governor Burrington as "acting" secretary until 
Rice arrived. 

I'^Rice was commissioned by the crown and qualified before the governor and 
council. He served until his death on January 28, 1753. 

l^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. 

19a 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. 

20a 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. 

2iFaulkner'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. 

23Heron 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. 

24London 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...." 

25Palmer 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. 

26Strudwick was appointed by Martin after Strudwick had produced "sufficient 
evidence that he had rented the Secretary's Office in this Province of Mr. Faulkner. . . 
" He apparently continued serving until the Revolution." 



236 North Carolina Manual 

Secretaries of State 



2'7The 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. 

28Glasgow was appointed by the provincial congress to serve until the next meet- 
ing of the general assembly. He was later elected by the (Jeneral 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. 

29White was elected to replace Glasgow and served until his death sometime in 
late September, or early November, 1811. 

30Hill died on October 29, 1857. 

3lPage 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. 

32Russ requested that his name be withdrawn at the end of the first round of bal- 
loting in 1864. 

33Thomas, who was first elected by the general assembly, took ofHce 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. 

34Best 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. 

^^Menninger was elected in the general election in April, 1868 but declined to run 
for re-election in 1872. 

36Engelhard died February 15, 1879. 

3'^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. 

38Coke 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. 

^^Cooke was appointed by Governor Carr on September 3, 1895 to replace Coke. 
He was defeated in the general elections in 1896 by Thomas. 

40Grimes died January 16, 1923. 

^^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. 

^^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. 

"^^Wade resigned in November, 1936. 

'^^Powell was appointed by Governor Ehringhaus on November 17, 1936, to 
replace Wade and resigned in December. 

'^^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, 



The North Carolina Executive Branch 237 

he took office for his regular term and subsequent reelections. He served longer than 
any other state official, finally retiring on January 7, 1989, 

46Edmisten was elected in November, 1988, when Eure declined to run for reelection. 



238 North Carolina Manual 



DEPARTMENT OF THE STATE AUDITOR 



The Office of State Auditor was also conducts performance audits of 
created by the Constitution of state agencies and programs to 
1868, although an "auditor of determine the economy, efficiency, 
public accounts" had existed since and effectiveness of operations and 
1862 and references to an auditor's performs EDP audits to verify the 
duties go back to the colonial consti- reliability and controls over comput- 
tution of 1669. er applications. Also under the juris- 
Today, the State Auditor is a diction of this office are the quality 
constitutional officer elected by the reviews of public accounting firms' 
people every four years. It is the duty audits of certain non-profit organizations, 
of this office to conduct audits of the in addition to being the account- 
financial affairs of all state agencies, ability "watchdog" for the State, the 
In addition, the State Auditor may State Auditor has several other 
conduct such other special audits, duties assigned to him by virtue of 
reviews, or investigations as he may his office. He is a member of the 
deem necessary or that may be Council of State, the Capitol 
requested by the governor or the leg- Planning Commission, the Local 
islature. The State Auditor is Government Commission, and the 
responsible for annually auditing Information Resource Management 
and rendering an opinion on the Commission. 

State's Comprehensive Annual The Office of the State Auditor 

Financial Report (CAFR) and for is organized into two major divi- 

issuing the Statewide Single Audit sions: The General Administration 

Report required by federal law. He Division and the Auditing Division. 



The General Administration Division 

This division, under the direct supervision of the State Auditor's chief 
deputy, handles all administrative matters including personnel, budgeting, 
purchasing, and the overall planning and coordination of aU 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 
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 accomplishing 



The North Carolina Executive Branch 239 

the desired results in an effective manner. The Auditing Division also per- 
forms 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 
embezzlements 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 unit of government is being 
audited. Branch offices are located in Asheville, Morganton, Charlotte, 
Greensboro, Winston-Salem, Fayetteville, GreenvOle, Elizabeth City and Wilmington. 

Boards and Commissions 

Capital Planning Commission 

Council of State 

Education Facilities Finance Agency 

Information Resource Management Commission 

Local Government Commission 

N.C. Local Government Partnership Commission 

For Further Information 

(919) 733-3217 

Fax: (919)-733-8443 

Hotline (919) 733-3276 or (800) '730 '8477 or hotline @ aud.osa.state.nc.us 

Internet World Wide Web: http://www.osa.state.nc.us/OSA/ 



240 



North Carolina Manual 




The North Carolina Executive Branch 241 

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; 
Certified Fraud Examiner, 1995. 

Professional Background 

State Auditor, 1993-present; 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. 

Political Activities 

State Auditor, 1992-present; Raleigh City Council (elected 1985, re-elected 1987, 1989 
and 1991; Mayor Pro-Tem, 1989-91. 

Organizations 

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., HoUday 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; Flemming Fellow, Center for Policy Alternatives. 

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; Shelley 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, 1991-93; 
(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; 
Public School Administrators Task Force, 1994-95. 

Military Service 

Served U.S. Army Reserve, 1971-77. 



242 North Carolina Manual 

Honors and Awards 

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; Presidential Citation, National Association for Equal 
Opportunity in Higher Education, 1994; Inspector General's Integrity Award, U.S. 
Department of Health and Human Services, 1995. 

Personal Information 

Married to Mary Savage Campbell. Member, St. Ambrose Episcopal Church, Ralei^, N.C. 



The North Carolina Executive Branch 243 



AUDITORS OF PUBLIC ACCOUNTS 



Name Residence Qualified 

Samuel F Phillipsi Orange 1862-1864 

Richard H. Battle2 Wake 1864-1865 

STATE AUDITORS 



Name Residence Qualified 

Henderson Adams^ 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. Dixon4 Cleveland 1901-1910 

Benjamin F. Dixon, Jr.5 Wake 1910-1911 

William P. Wood6 Randolph 1911-1921 

Baxter Durham Wake 1921-1937 

George Ross Pou^ Johnston 1937-1947 

Henry L. Bridges^ Guilford 1947-1981 

Edward Renfrow9 Johnston 1981-1993 

Ralph Campbell, Jr.lO Wake 1993- Present 

Auditors of Public Accounts 

iPhillips resigned effective July 10, 1864. 

^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 



3Adams was elected in the general elections in April, 1868. 

4Dixon died September 26, 1910. 

^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. 

7Pou died February 9, 1947. 

^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. 

SRenfrow was elected in 1980. 

lORalph Campbell, Jr. was elected in 1992. 



244 North Cakolina 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 j^ i843, shortly after the election 
eliminated multiple Treasurers and ^f ^^^ Treasurer by the General 
assigned the duties of the Office to a Assembly, a spirited situation devel- 
single individual elected by joint vote ^^^^ between Governor Morehead 
of the two houses of the legislature ^nd 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- ^^Q^d which at that time was 
tution was adopted. The Constitution required of the Treasurer. The bond 
of 1868 provided for a Treasurer ^^s ultimately presented at the 
elected by the people for a four-year Governor's office; the Governor, how- 
term. These provisions continued in g^g^.^ refused to accept the bond as it 
place following the approval by the ^^s written. 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 
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 245 

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' 



246 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. 
Except for the Firemen's and Rescue Squad Workers' Pension Fund, the 
Board of Trustees of the Teachers' and State Employees' Retirement System 
is the governing board of the Consolidated Judicial and Legislative 
Retirement Systems in addition to all other programs administered by the 
division. 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 
the State Treasurer's primary functions. The first of these is to serve as the 



The North Carolina Executive Branch 247 

State's Banker by receiving and disbursing all State monies. The second is to 
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 monies 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 stafT 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 



248 North Carolina Manual 

fiscal management. This commission is composed of nine members: the State 
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 CaroUna House of 
Representatives). The State Treasurer serves as chairman and selects the 
secretary of the commission, who heads the administrative staff. 

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, tsixes 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 249 

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 monies 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. This division also 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 functions such as supply and mail operations, personnel, forms man- 
agement, printing, generalized training and accounting. On a selective basis, 
several of the functions and sub-functions carried on within the Department 



250 North Carolina Manual 

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 performed by the word 
processing center. Approximately 95% of the original and repetitive depart- 
mental 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 docu- 
ment production. The division is responsible for the administration of the 
Escheat and Abandoned Property program. All abandoned and unclaimed 
properties whose owners cannot be located become the property of the State 
of North Carolina 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 insti- 
tutions 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 251 



252 



North Carolina Manual 




The North Carolina Executive Branch 253 

Harlan 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. 

Political Activities 

State Treasurer, 1977-present (elected 1976; re-elected, 1980, 1984, 1988 and 1992); 
Democratic Party. 

Organizations 

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. 

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. 



254 North Carolina Manual 



TREASURERS OF NORTH CAROLINA 



COLONIAL TREASURER^ 

Name Term 

Edward Moseley2 1715-1735 

William Smith3 

William Downing^ 1735-1739 

Edward MoseleyS 1735-1749 

William Smith6 1739-1740 

JohnHodgson^ 1740-1748 

Thomas Barker^ 1748-1752 

Eleazer AllenS 1749-1750 

John Starkeyio 1750-1765 

John Haywoodii 1752-1754 

Thomas Barkerl2 1754-1764 

Joseph Montfordi3 1764-1775 

Samuel Swanni4 1765-1766 

JohnAshels 1766-1773 

Richard CaswelllS 1773-1775 

Samuel Johnstoni7 1775 

Richard CaswelliS 1775 

STATE TREASURER 



Name Residence Term 

Samuel Johnstonl9 Chowan 1775-1777 

Richard Caswell20 Dobbs 1775-1776 

John Ashe2i New Hanover 1777-1779 

William Skinner22 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 Hunt23 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 Haywood24 Edgecombe 1787-1827 

William Robards Granville 1827-1830 



The North Carolina Executive Branch 255 

Name Residence Term 

William S. Mhoon Bertie 1831-1835 

Samuel F. Patterson25 Wilkes 1835-1837 

Daniel W. Courts26 Surry 1837-1839 

Charles L. Hinton Wake 1839-1843 

John H. Wheeler Lincoln 1843-1845 

Charles L. Hinton Wake 1845-1851 

Daniel W. Courts Surry 1851-1862 

Jonathan Worth27 Randolph 1862-1865 

William Sloan28 Anson 1865-1866 

Kemp P. Battle29 Wake 1866-1868 

David A. Jenkins30 Gaston 1868-1876 

John M. Worth3i Randolph 1876-1885 

Donald W. Bain32 Wake 1885-1892 

Samuel McD. Tate33 Burke 1892-1895 

William H. Worth Guilford 1895-1901 

Benjamin R. Lacy34 Wake 1901-1929 

Nathan 0'Berry35 Wayne 1929-1932 

John P. Stedman36 Wake 1932 

Charles M. Johnson37 Pender 1933-1949 

Brandon P. Hodges38 Buncombe 1949-1953 

Edwin M. Gill39 Scotland 1953-1977 

Harlan E. Boyles^O Wake 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. 

2Moseley 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. 



256 North Carolina Manual 

Moseley was appointed treasurer of the southern district and continued in that capac- 
ity until his death in 1749. 

^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. 

^Downing was appointed by the legislature as treasurer for the northern district 
and served until his death in 1739. 

^See footnote 2. 

^Smith was appointed on November 21, 1739 by the governor and council to act 
as temporary treasurer, following the death of Downing. 

"^Hodgson was apparently appointed by the assembly in August, 1740 to replace 
Downing and served until 1748. 

^Barker was appointed by the assembly in April, 1748 and served until he 
resigned in 1752. 

^Allen was appointed by the general assembly in November, 1749 to replace 
Moseley and served until his death in 1750. 

i^Starkey was appointed in July, 1750 to replace Eleazer Allen and served until 
his death in 1765. 

l^Haywood was appointed to replace Barker and served until he apparently 
resigned in 1754. 

i^Barker was appointed in 1754 to replace Hajnvood and served until he appar- 
ently resigned in 1764. 

i^Montford was appointed in February, 1764 to replace Barker and served until 
1775. 

i^Swan was appointed by Governor Tryon in 1765 to act as a temporary replace- 
ment for the deceased Starkey. 

l^Ashe was appointed in November 1766 to replace Starkey and served until he 
was replaced by Caswell in 1773. 

i^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. 

1"^ 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. 

i^See footnote 17. 

State Treasurer 



i9See footnote 17. 

20See footnote 17. 

21 Ashe was elected to replace Caswell. 

22Skinner 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. 

23Hunt 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. 

24Haywood died on November 18, 1827, while still in office, having served for 



The North Carolina Executive Branch 257 

thirty years as State Treasurer, 

25patterson was elected 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, 

26Court's resignation was presented to the council on April 15, 1839, 

2'7Worth 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. 

28Sloan 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. 

29Battle 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. 

30Jenkins was elected in the general elections in April, 1868 and served following 
reelection in 1872 until his resignation on November 6, 1876. 

3lWorth was appointed by Governor Brogden on November 10, 1876. He had 
already been elected in the general elections in 1876, 

32Bain died November 16, 1892. 

33Tate was appointed by Governor Holt on November 19, 1892 to replace Bain. 
He was defeated by Worth in a special election in 1894. 

34Lacy died February 21, 1929. 

350'Berry was appointed by Governor Gardner on February 23, 1929 to replace 
Lacy and served until his death on January 6, 1932. 

36Stedman was appointed by Governor Gardner on January 7, 1932 to replace 
O'Berry and resigned effective November 21, 1932. 

3'7Johnson 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. 

38Hodges resigned in June, 1953. 

39Gill 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. 

^^Boyles was elected in November, 1976 when Gill declined to run for reelection. 
He is still serving following subsequent reelections. 



258 North Carolina Manual 



DEPARTMENT OF PUBLIC INSTRUCTION 

The Department of Public appointees, who are subject to 

Instruction, through the State confirmation by the General 

Superintendent and the State Assembly in joint session. The State 

Board of Education, is charged with Superintendent of Public Instruction 

establishing and administrating is secretary to the Board, 
overall policy for North Carolina's ^he North Carolina Department 

system of public schools. The State ^f p^bij^ Instruction was formed in 

Superintendent of Public Instruction, December, 1852, although the cur- 

a constitutional officer, is charged rent title and specific delineation of 

with organizing the department and responsibilities were first set forth in 

administering the funds provided for the Constitution of 1868. The head of 

its support. Consistent with other the Department originally went by 

laws enacted by the General the title "superintendent of common 

Assembly, the Board adopts rules schools," but that office was abol- 

and regulations for the public school ished in 1865. Today the superinten- 

system. Board membership includes dent of public instruction is elected 

the Lieutenant Governor, the State by the people to a four-year term. He 

Treasurer, and eleven gubernatorial is a member of the Council of State. 



State Department of Public Instruction Organization 

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. 

The department allocates to local education agencies money appropriated 
by the General Assembly or provided by the Federal government for public 
education, monitors the expenditure of that money, promulgates rules and 
regulations, 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 



The North Carolina Executive Branch 259 

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, and 
Staff Development and Technical Assistance Centers Support Team. 

Accountability Services 

The Accountability Services area includes the Division of Testing and 
Reporting, Division of Information Resource Management and Development 
and Evaluation Services. 

Rnancial 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. 

Boards and Commissions 

Basic Education Program Advisory Committee 

Board of Governors for Governor's Schools East and West 

Chapter 2 Advisory Committee 

Commission on Critical School Facility Needs 

Commission on School Technology 

Commission on Testing 

Council on Educational Services for Exceptional Children 

Council of State 

N.C. Advisory Committee for Services to Deaf-Blind Children 

N.C. Migrant Education Parent Advisory Council 

N.C. Professional Teaching Standards Commission 

N.C. Textbook Commission 

Personnel Administration Commission for Public School Employees 

Professional Practices Commission 

Professional Review Committee 

Sports Medicine Advisory Commission 

State Advisory Council on Indian Education 

State Evaluation Committee on Teacher Education 

State School Food Distribution Advisory Council 

State School Health Advisory Committee 

State Selection Committee for Principal of the Year 

State Selection Committee for Teacher of the Year 

State Vocational Education Planning and Coordination Committee 

Task Force on Site-Based Management 

Task Force on Vocational and Technical Education 



260 North Carolina Manual 

Teacher Academy/Task Force on Teacher Staff Development 
Vocational Education Program Area Advisory Committees: 

Agricultural Education, Business Education, Health Occupations 
Education, Home Economics Education, Technology Education, 
Marketing Education, Trade and Industrial Education 

For Further Information 

(919) 715-1000 



The North Carolina Executive Branch 261 



262 



North Carolina Manual 




The North Carolina Executive Branch 263 

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 in Johnston County, 1947-59; Campbell University, 1965, B.S. 
(Business Administration). 

Professional Background 

Businessman; Director, Standard Bank, Dunn; Licensed Realtor. 

Political Activities 

N.C. Superintendent of Public Instruction, 1989-present; 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. 

Organiza tions 

Industrial Management Club (past President) Lillington Lions Club (past President); 
American Legion; Harnett Sheltered Workshop (past Chairman); Lillington Chamber 
of Commerce (President, 1977); Lillington Rotary Club; Lillington Masonic Lodge; 
Harnett Shrine Club; Harnett Mental Health Board. 

Boards and Commissions 

Member and Director of the National Council of Chief State School Officers; the 
Governor's Executive Cabinet; Advisory Board of the Mathematics/Science Education 
Network; Board of the North Carolina Council on Economic Education; Board of 
Trustees of the North Carolina Symphony; N.C. Law and Order Commission; Board 
of Trustees of the UNC Center for Public Television; Past President Occoneechee Boy 
Scout Council; Harnett Youth Advisory Council, Past Chairman. 

Military Service 

Served, U.S. Army, December, 1965-67. 

Honors and Awards 

Lillington Jaycees Distinguished Service Award, 1975; Lillington Community Service 
Award, 1976; Listed in 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; Named "Friend of Education" by N.C. 
Association of Educators, 1991; Received the Friend of the Arts Award by the N.C. 
Art Education Association, 1991; Named a "State Friend of Extension" by Epsilon 



264 North Carolina Manual 

Sigma Phi, the National Honorary Extension Fraternity, 1991. 

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. 



The North Carolina Executive Branch 265 

Superintendent of Common Schools 

Nfune Residence Elected 

Calvin H. Wileyi Guilford 1852-1865 

Superintendent of Public Instruction 



Name Residence Term 

Samuel S. Ashley2 New Hanover 1868-1871 

Alexander Mclver^ Guilford 1871-1875 

Kemp P. Battle^ Wake 1873 

Stephen D. Pools Craven 1875-1876 

JohnPool6 Pasquotank 1876-1877 

John C. Scarborough Johnston 1877-1885 

Sidney M. Finger Catawba 1885-1893 

John C. Scarborough Hertford 1893-1897 

Charles H. Mebane Catawba 1897-1901 

Thomas F. Toon^ Robeson 1901-1902 

James Y. Joyner8 Guilford 1902-1919 

Eugene C. Brooks^ Durham 1919-1923 

ArchT. Allenio Alexander 1923-1934 

Clyde A. Erwinii Rutherford 1934-1952 

Charles F. Carrolll2 Duplin 1952-1969 

Andrew Craig Phillipsi3 Guilford 1969-1989 

BobR. Etheridgel4 Sampson 1989-Present 

iWiley served until the office was abolished in 1865. 

^Ashley was elected in the general elections in April, 1868 and resigned effective 
October 1, 1871. 

^Mclver was appointed by Governor Caldwell on September 21, 1871 — to take 
office October 1 - to replace Ashley. 

'^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). 

SPool resigned effective June 30, 1876. 

^John Pool, who was appointed by Governor Brodgen on June 30, 1876 to replace 
Stephen D. Pool, took office July 1. 

'^Toon was elected in the general elections in 1900 and served until his death on 
February 19, 1902. 

^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. 

^Brooks was appointed by Governor Bickett on December 21, 1918 — to take office 



266 North Carolina Manual 

January 1, 1919 - to replace Joyner. He was elected in the general elections in 1920 
and served until his resignation on June 11, 1923. 

lOAllen was appointed by Grovernor 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. 

l^Erwin was appointed by Grovernor 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. 

i^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. 

i3Phillips was elected in 1968 and served following subsequent reelections until 
his retirement in 1989. 

l^Etheridge was elected in November 1988. 



The North Carolina Executive Branch 267 



THE DEPARTMENT OF JUSTICE 

THE OEFICE 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 ^^^^^^ ^eld by the Attorney General 

the Department of Justice and the ^^^ ^e seen by examining the 

State Bureau of Investigation. <-, x-x i.- j x i. i. r 

T , J ., . , , , XI X XI Constitution and statutory refer- 
Instead, it simply states that there ,, , x i • xi 

1- 11 u A XX /-I 11- ences, as well as by studying the 

shall be an Attorney General whose ' , , - , , . 

duties "shall be prescribed by law" "^^^ny state and federal court cases m 

[Article III, Section 7(2)]. Article III, ^^^^^ ^^ ^^ involved. The Office of 

Section 7(1) of the Constitution of *^® Attorney General includes the 

North Carolina provides that the North Carolina Department of 

Attorney General, along with other Justice, the State Bureau of 

elected department heads, "shall be Investigation, the Justice Academy, 

elected by the qualified voters of the the Criminal Justice Standards 

State in 1972 and every four years Division, and the Sheriffs' Standards 

thereafter, at the same time and Division. 

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 



268 North Carolina Manual 

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 
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 



The North Carolina Executive Branch 269 

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. 



270 North Carolina Manual 

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 the office 
dealing with criminal matters. Its staff advises and represents state agencies 
such as Department of Correction and Crime Control and Public Ssifety. This 
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 state construction contracts, 
real property acquisitions, highway condemnation, and the enforcement of 
laws governing labor matters, motor vehicles, and state taxation. It also 
assists in environmental enforcement matters and provides representation 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 



The North Carolina Executive Branch 271 

federal litigation by taxpayers seeking tax refunds. 

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 
Western North Carolina. 

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. 

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 / Medical Facilities Section — This section represents 
various divisions of the Department of Human Resources, the hospi- 
tals of the University of North Carolina, and the Office of the State 
Controller. 

2. Health and Public Assistance Section — This section represents the 
Divisions of Social Services and Medical Assistance of the 
Department of Human Resources, and all of the health components 



272 North Carolina Manual 

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 mat- 
ters 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. 

Citizens* Rights Division: The Citizens' Rights Division addresses 
many current and developing issues facing the citizens of North Carolina. 
Victims' rights issues, child abuse, elder abuse, hate crimes reporting, 
domestic violence and family matters, the "Safe Neighborhoods Initiative", 
open government issues, and environmental concerns have all been targeted 
by this division. The division also administers a number of special projects 
and programs, including the Sunshine Office, the Child Victim Assistance 
Project (CVAP), the Safe Neighborhoods Program, the Elder Abuse Task 
Force, mediation, and the Child Sexual Assault Guidelines. In addition to 
special projects, division staff perform appellate work, issue Attorney 
General opinions and letters, and provide technical assistance to citizens in 
response to complaints and inquiries. 

Environmental Division: The Environmental Division of the Attorney 
General's Office provides legal representation to the Department of 
Environment, Health and Natural Resources (DEHNR), the State's primary 
regulatory agency, and its component divisions, as well as citizens commis- 
sions operating in the environmental area. This division also advises the 
Department of Adminstration in its environmental duties, particularly outer 
continental shelf development for oil and gas and the administration of the 



The North Carolina Executive Branch 273 

State's Environmental Policy Act. Representation includes all aspects of civil 
and adminsitrative litigation, legal advice-giving, and representation during 
commission meetings. The types of litigation include preparation of enforce- 
ment documents for issuance by DEHNR, adminstrative contested cases, 
civil injunctive actions, penalty collection actions, and judicial reviews. 

This division is currently divided into three operating sections: (1) The 
Water and Land Section; (2) The Groundwater and Solid Waste Section, and; 
(3) The Air and Natural Resources Section. 

Each section is a major participant in the development of the State's 
environmental programs, particularly in those areas in which the State is 
acting as the delegatee of major federal programs such as water quality and 
air quality as permitted under the Clean Water Act and the Clean Air Act, 
underground strorage tanks programs, Superfund and RCRA in the haz- 
ardous and solid waste areas, and safe drinking water regulation. 

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 ftiaintained 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 
them in the performance of their duties and in the administration of justice 
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. This 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 



274 North Carolina Manual 

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 
Assembly in 1983, the Sheriffs' Standards Division administers the programs 
of the North Carolina Sheriffs' Education and Training Standards 
Commission. This commission is responsible for the establishment and 
enforcement of minimum employment, training, and retention standards for 
sheriffs deputies and jailers throughout the State. This 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 Sheriffs' Supplemental Pension Fund, which has paid benefits to 
more than 65 retired sheriffs' since the Fund's creation in 1985, is adminis- 
tered by this division as well. 

The Criminal Justice Standards Division: 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 



AM 



The North Carolina Executive Branch 275 

Training Standards Commission. This 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. Its responsibilities include the establishment and enforcement of mini- 
mum employment, training, and retention standards for law enforcement 
officers, corrections officers, youth corrections officers, local detention offi- 
cers, RADAR operators, and criminal justice instructors and schools. 

This division administers seven criminal justice officer certification pro- 
grams encompassing some 27,000 certified officers as well as eight other spe- 
cialty certification programs, including the Radar Operator Certification 
Program. Programs of the Company and Railroad Police Act, which the 
General Assembly completely revised in 1992 are also administered by the 
Criminal Justice Standards Division. 

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 



276 



North Carolina Manual 




The North Carolina Executive Branch 277 

Michael E 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. 

Political Activities 

Attorney General, State of North Carolina, 1993-Present. 

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. State Bar 
Association; United States Bar Association; 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. 

Boards and Commissions 

N.C. Federal/State Law Enforcement Coordinating Committee; N.C. Criminal Justice 
Education & Training Standards Commission; Board of Visitors, N.C.C.U Law 
School. 

Honors and Awards 

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. 

Personal In forma tion : 

Married, Mary Pipines Easley. Children: Michael Jr. Member, Sacred Heart 
Catholic Church, Southport. 



278 North Carolina Manual 

ATTORNEYS GENERAL OF NORTH CAROLINA 

Colonial 



Name Tgrm 

George Durantl 1677-1681 

William Wilkison2 1694 

John Porter, Jr.3 1694-[1695] 

Henderson Walker 1695 

Thomas Abington^ 1696 

Richard PlaterS 1696-[1703] 

Christopher Gale6 1704-1705 

Thomas Snoden7 1705-1708 

Christopher GaleS 1708-[1710] 

Edward BonwickeS 1711-1714 

Daniel Richardsonio 1714-1724 

[JohnWorley]!! 

James Stanav/ay^^ 

[John Montgomery]13 

William Littlel4 1724 

Thomas BoydiS 1724-1725 

William Little 1725-1731 

John Connor^S 1731 

John Montgomery!"^ 1731-1741 

John Hodgsonis 1734 

Joseph Andersonl9 1741-1742 

John Montgomery 1742-1743 

Joseph Anderson20 1743-1747 

Thomas Child2i 1747-1752 

George Nicholas22 1752-1756 

Charles Elliot23 1756 

Robert Jones, Jr.24 1756-1759 

Thomas Child25 1759-1761 

Robert Jones, Jr.26 1761-1766 

Marmaduke Jones2'7 1766-1767 

Thomas McGuire28 1767-[1776] 



State 



Name Residence Term 

Waightstill Aveiy29 Burke 1777-1779 

James Iredell30 Chowan 1779-1782 

Alfred Moore3i Brunswick 1782-1791 

John Haywood, Jr.32 Halifax 1792-1795 

Blake Baker33 Edgecombe 1795-1803 

Henry Seawell34 Wake 1803-1808 

Oliver Fitts35 Warren 1808-1810 



The North Carolina Executive Branch 279 

Name Residence Term 

William Miller36 Warren 1810 

Hutching G. Burton37 Warren 1810-1816 

William P. Drew38 Halifax 1816-1824 

James F. Taylor39 Wake 1825-1828 

Robert H. Jones40 Warren 1828 

Romulus M. Saunders^i Caswell 1828-1834 

John R. J. Daniel Halifax 1835-1841 

Hugh McQueen42 Chatham 1841-1842 

Spier Whitaker Halifax 1842-1846 

Edward Stanley43 Beaufort 1846-1848 

Bartholomew F. Moore^^ Halifax 1848-1851 

William Eaton, Jr.45 Warren 1851-1852 

Matthew W. Ransom^S Northampton 1853-1855 

Joseph B. Batchelor47 Warren 1855-1856 

William H. Bailey48 Mecklenburg 1857 

William A. Jenkinses Warren 1857-1862 

Sion H. RogersSO Wake 1863-1868 

William M. ColemanSi 1868-1869 

Lewis P. 01ds52 Wake 1869-1870 

William M. Shipp53 Lincoln 1870-1873 

Tazewell L. Hargrove Granville 1873-1877 

Thomas S. Kenan Wilson 1877-1885 

Theodore F. Davidson Buncombe 1885-1893 

Frank L Osborne Mecklenburg 1893-1897 

Zebulon V. Walser54 Davidson 1897-1900 

Robert D. Douglases Guilford 1900-1901 

Robert D. Gilmer Haywood 1901-1909 

Thomas W. Bicket56 Franklin 1909-1917 

James S. Manning Wake 1917-1925 

Dennis G. Brummitt57 Granville 1925-1935 

Aaron A. F. Seawell^S Lee 1935-1938 

Harry McMullan59 Beaufort 1938-1955 

William B. Rodman, Jr.60 Beaufort 1955-1956 

George B. Patton^i Macon 1956-1958 

Malcolm B. Seawell62 Robeson 1958-1960 

WadeBruton63 Montgomery 1960-1969 

Robert Morgan64 Harnett 1969-1974 

James H. Carson, Jr.65 Mecklenburg 1974-1975 

Rufus L. Edmisten66 Wake 1975-1985 

Lacy H. Thornburg^^ Jackson 1985-1993 

Michael F. Easley Brunswick 1993-Present 

Colonial 



iDurant 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 



280 North Carolina Manual 

November, 1679 and probably continued serving until 1681 or later. 

^Little is known of Wilkinson's service as attorney general except that he was 
suspended from office in 1694 by Governor Harvey for "Misdemeanors." M 

^Porter was appointed by Harvey to replace Wilkinson and qualified before the 
court. He probably served until Walker took office in 1695. 

"^Abington served for two indictments during the February, 1696 court. 

^Plater was appointed by Governor Harvey and qualified before the court. He 
was still serving in October, 1703. 

^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. 

"^Snoden began serving during the Fall term of the general court for 1705 and 
was still serving in 1708. 

^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. 

^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. 

lORichardson 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. 

^^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 Grovernor Burrington by the Lords Proprietors indicate 
that James Stanaway was appointed attorney general; however, there is no evidence 
to indicate that he served. 

i^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. 

l^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. 

i^Boyd was appointed by Governor Burrington to replace Little and qualified 
before the council. He served until Little took over in 1725. 

1 ^Connor was appointed by Governor Burrington and qualified before the council. 
He served only until Montgomery arrived. 

I'^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 was considered the attorney general in November. He 
continued serving until 1741 when he was appointed acting chief justice. 

1 ^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. 

^^Anderson was appointed acting attorney general by Governor Johnston when 
Montgomery became chief justice. He served until Montgomery returned to service in 
1742. 

20Anderson 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. 

2lChild was appointed by the crown and qualified on May 16, 1747. He served 



The North Carolina Executive Branch 281 

until he returned to England in 1752. 

22Nicholas 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. 

23Elliot was appointed by Governor Dobbs to replace Nicholas, and apparently 
qualified before Dobbs. He only served a few months before he died. 

24Jones 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. 

25Child was commissioned by the crown and apparently qualified before 
Governor Dobbs. He served until he resigned in 1761. 

26Jones 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. 

^^Jones was appointed by Governor Tryon to replace Jones and served until 
McQuire took office in 1767. 

28McGuire was commissioned by the crown to replace Jones and qualified before 
the council. He presumably served until the Revolution. 

State 



29Avery resigned on May 8, 1779. 

^ojredell 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. 

^^Moore's resignation was presented to the council on April 9, 1791, but no one 
was immediately appointed to fill the vacancy. 

32Haywood was elected to replace Moore and resigned following his elections as 
judge of the Superior Court of Law and Equity on January 28, 1795. 

33Baker was elected to replace Haywood and resigned on November 25, 1803. 

^^Seawell was elected to replace Baker and resigned on November 30, 1808. 

35Fitts was elected to replace Seawell and resigned on July 6, 1810. 

^^Miller was appointed by the governor with the advice and consent of the 
Council to replace Fitts. 

3'^Burton resigned November 21, 1816. 

^^Drew was elected to replace Burton and resigned in November, 1824. 

^^Taylor was elected to replace Drew and died in late June, or early July, 1828. 

■^OJones was appointed by governor with the advice and consent of the council to 
replace Taylor. 

^iSaunders 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 
uphold the resolution. On December 31, 1834, Saunders sent in his resignation. 



282 North Carolina Manual 

"^^McQueens resignation was received by the House of Commons on November 25, 
1842. 

43Stanley resigned on May 8, 1848. 

'^^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. 

^^Eaton was appointed by the governor with the advice and consent of the council 
to replace Moore. 

^6Ransom was elected by the General Assembly to replace Moore and resigned on 
May 2, 1855. 

4'^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. 

"^^Bailey was elected by the General Assembly to fill the unexpired term of 
Batchelor. Commission dated January 5, 1857, Commission Book, 1841-1877. 

■^^ 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. 

SORogers was elected to replace Jenkins and served until the Constitution of 1868 
went into effect. Commission dated January 6, 1866, Commission Book, 1841-1877. 

^^Coleman was elected in the general elections in April, 1868 and served until his 
resignation on May 29, 1869. 

^^Olds 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. 

53Shipp was elected in the general elections in 1870 to complete Coleman's unex- 
pired term but was defeated for reelection in 1872. 

s^Walser was elected in the general elections in 1896. He resigned effective 
November 24, 1900, following his defeat for reelection by Gilmer. 

SSDouglas was appointed by Grovernor Russell on November 24, 1900 to complete 
Walser's term. 

^^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. 

S^Brummitt was elected in the general elections in 1924 and served following 
subsequent reelections until his death on February 5, 1935. 

^^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. 

^^McMuUan 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. 

SORodman 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. 

^iPatton 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. 

^^Seawell was appointed by Grovernor Hodges on April 15, 1958 to replace Patten. 
He was elected in the general elections in 1958 to complete Patton's unexpired term 



The North Carolina Executive Branch 283 

and served until his resignation effective February 29, 1960. 

63Bruton 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. 

64Morgan resigned August 26, 1974, to run for United States Senator. 

65Carson was appointed by Governor Holshouser on August 26 to replace 
Morgan. 

66Edmisten 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. 

67Thornburg was elected in the general elections in 1984. 



284 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 1877, a bill establish- 
In an effort to fight these and ing 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 for 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 establishment, was named the first 

Agriculture. 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 offish; 

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 285 

(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 needs, 

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 com- 

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 N.C. 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 
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 
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. 



286 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 sets 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 1993, nearly 3.2 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. The 33,000 
square-foot facility opened in May 1994. 

Food and Drug Protection 

Under the first elected commissioner, Samuel J. Patterson, the department 
was given more regulatory duties. One of these was 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 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 filler. 

In the 1940's pesticides began to appear in large numbers and in broader 
effectiveness. Added to the agricultural insecticides and fungicides already 
on the market were various weed and grass killers, defoliating chemicals. 



1 



The North Carolina Executive Branch 287 

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 percent- 
age 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 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 
45,000 samples of commodities subject to the N.C. Food and Drug Law. Two 
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 (USDA) to receive and distribute surplus agricul- 
tural 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- 
modities to 700,000 school children each day. It received, stored and distrib- 
uted $29.5 million in value of USDA commodities in 1994 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 
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. 



288 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 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 and is scheduled to open in 1995. It has a regional fruit and veg- 
etable 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 1995, the 
General Assembly transferred operations of the museum to the N.C. 
Department of Environment, Health and Natural Resources. 

NCDA still maintains the N.C. Maritime Museum in Beaufort, which it 
has operated since 1975. The museum sponsors dolphin watches, conducts 
salt marsh hikes, builds old-replicas of historic wooden boats and sports a col- 
lection 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." 



The North Carolina Executive Branch 289 

NCDA responded by hiring an entomologist to work in conjunction with 
the already existing Commission for the Control of Crop Pests. An inspection 
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 of 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 the gypsy moth, sweet potato weevil and 
witchweed. It also administers the Plant Conservation Program, inspects 
plant nurseries and honey bees, and oversees permitting of field releases of 
genetically 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. Harvested acreage 
reached a high of 486,000 acres in 1994 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 
semi-monthly paper. The Review is now published once a month and has 



290 North Carolina Manual 

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 
and 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 plant nutrition and growth, ascertain 
which fertilizers were best suited to specific crops, and conduct needed inves- 
tigations. 

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 in 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 Mechanical 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. The Center for Environmental Farming Systems at 
Cherry Farm in Goldsboro was dedicated in February 1994. Organic, no-till 
optimized yields and sustainable agriculture will be studied at the 2,300-acre 
farm. 

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 



The North Carolina Executive Branch 291 

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 Standards Division today has one of the country's best gasoline and 
oil inspection programs. Motor fuels are tested for compUance 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 commercial weighing and measuring 
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 cali- 
brations. 

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 Bros, and Barnum & 
Bailey Circus, are held in the buildings. During winter months, the Raleigh 
Ice Caps professional hockey team plays home games. 



292 North Carolina Manual 

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. 

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 law violations. 

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 supervising slaughtering and 
meat-packing establishments in North Carolina. This service was not com- 
pulsory 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 North Carolina Executive Branch 293 

The division has been instrumental in combating various livestock dis- 
eases, including pseudorabies in swine, equine infectious anemia in horses and 
tuberculosis in cattle. 

Other Divisions 

Other divisions of NCDA include administration, fiscal management and 
personnel. 

The Administration Division includes offices of the agriculture commis- 
sioner, deputy and assistant commissioners, and a small farms and agricul- 
ture policy advisory. 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 128 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 North Carolina 
is agriculturally related. Twenty-eight 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 hogs, cucumbers for pickles, trout, 
poultry and egg products; fourth in commercial broilers, peanuts, blueber- 
ries, and rye; sixth in burley tobacco; seventh in apples and greenhouse and 
nursery receipts; eighth in strawberries, peaches and watermelons; ninth in 
eggs; and 10th in cotton. 

Boards and Commissions 

Aquaculture Advisory Board 
Board of Crop Seed Improvement 



294 North Carolina Manual 

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 
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 295 



296 



North Carolina Manual 




The North Carolina Executive Branch 297 



lames Allen Graham 



Commissioner ot 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. 

Political Activities 

Commissioner of Agriculture, 1964-present (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. 

Organizations 

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, N.C. State A & T College (1956-1960, 1962-1969); N.C. Board of Farm 
Organizations and Agriculture Agencies; Director, Agricultural Foundations (NCSU); 
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. 



298 North Carolina Manual 

Honors and Awards 

State 4-H Alumni Award, 1965; National 4-H Alumni Award, 1974; N.C. 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 OutstEinding 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 Underbill 
and Laura Constance Graham Brooks; seven grandchildren. Member, First Baptist 
Church; Deacon, 1960-1964, 1969-Present. 



The North Carolina Executive Branch 299 

COMMISSIONERS OF AGRICULTUREi 

Name Residence Term 

Leonidas L. Polk2 Anson 1877-1880 

Montford McGhee3 CasweU 1880-1887 

John Robinson^ Anson 1887-1895 

Samuel L. PattersonS Caldwell 1895-1897 

James M. Newborne^ Lenoir 1897 

John R. Smiths Wayne 1897-1899 

Samuel L. Pattersons Caldwell 1899-1908 

William A. Graham9 Lincoln 1908-1923 

William A. Graham, Jr.io Lincoln 1923-1937 

William Kerr Scottii Alamance 1937-1948 

David S. Coltranel2 Wake 1948-1949 

Lynton Y. Ballentinei3 Wake 1949-1964 

James A. Grahami^ Rowan 1964-Present 

^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. 

2Polk was chosen by the Board of Agriculture on April 2, 1877 and served until 
his apparent resignation in 1880. 

•^McGhee was apparently chosen by the Board of Agriculture to replace Polk and 
served until 1887. 

^Robinson was elected by the Board of Agriculture on April 22, 1887 and served 
following subsequent reelections by the board until 1895. 

^Patterson was elected by the Board of Agriculture on June 13, 1895. 

^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. 

■^Smith was elected by the board on December 14, 1897 - to take office January 1, 
1899 - to complete the term of Mewborne. 

^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. 

^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. 

i^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. 

i^Scott was elected in the general elections in 1936 and served following subse- 
quent reelections until his resignation in February, 1948. 

i^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. 

i^Ballentine was elected in the general elections in 1948 and served following 
subsequent reelections until his death on July 19, 1964. 

i^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. 



300 North Carolina Manual 



THE DEPARTMENT OF LABOR 



The Constitution of North than three million working people. 

Carolina provides for the elec- The many laws and programs under 

tion by the people every four its jurisdiction affect virtually every 

years of a Commissioner of Labor person in the state in one way or 

whose term of office runs concurrent- another. The General Statutes pro- 

ly with that of the governor. The vide the Commissioner with broad 

Commissioner is the administrative regulatory and enforcement powers 

head of the Department of Labor and with which to carry out the depart- 

also serves as a member of the ment's duties and responsibilities to 

Council of State. the people. 

The original "Bureau of Labor The department's principal regu- 

Statistics", the historical precursor of latory, enforcement and promotional 

the present N.C. Department of programs are carried out by 14 divi- 

Labor, was created by the General sions, each headed by a director. 

Assembly of 1887, with provision for These include the Agricultural Safety 

appointment by the governor of a and Health Division, the 

"Commissioner of Labor Statistics" Apprenticeship and Training Division, 

for a two-year term. In 1899 another the Arbitration, Conciliation and 

act was passed providing that the Mediation Division, the Boiler and 

Commissioner, beginning with the Pressure Vessel Division, the 

general election of 1900, be elected Controlled Substance Examination 

by the people for a four-year term. Act Division, the Elevator and 

For three decades, the department Amusement Device Division, the 

over which this newly elected Mine and Quarry Division, the 

Commissioner presided remained a Occupational Safety and Health 

very small agency of state govern- Division, the Private Personnel 

ment with limited duties and person- Service Division, the Research and 

nel. In 1925, the Department Statistics Division, the Bureau of 

employed a total of 15 people. Training Initiatives, the Bureau of 

In a general reorganization of Workforce Training and 

the State's labor administration Development, the Wage and Hour 

functions in 1931, the General Division, and the Workplace 

Assembly laid the broad groundwork Retaliatory Discrimination Division, 
for the Department of Labor's subse- Support services are handled by 

quent gradual development into an the Budget, Human Resources, and 

agency with laws and programs Communications/Publications 

affecting a majority of North Divisions, and the departmental 

Carolina citizens. library. 

Today, the North Carolina Five statutory boards and one 

Department of Labor is charged by other advisory group assist the 

statute with the responsibility of pro- Commissioner with policy develop- 

moting the "health, safety and gener- ment and program planning. These 

al well-being" of the State's more are the Apprenticeship Council, the 



The North Carolina Executive Branch 



301 



Board of Boiler and Pressure Vessel 
Rules, the Mine Safety and Health 
Advisory Council, the State Advisory 
Council on Occupational Safety and 
Health, the Private Personnel 
Service Advisory Council and the 
Industry Advisory Board. The 



Occupational Safety and Health 
Review Board is a separate unit 
independent from the Department of 
Labor which hears appeals of cita- 
tions and penalties imposed by the 
OSHA Division and whose members 
are appointed by the Governor. 



Agricultural Safety and Health 

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 Agricultural Safety and Health 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 protec- 
tion, and kitchen sanitation. Owners of migrant housing which does not meet 
the standards are subject to fines. 

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 
1994 about 5,074 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. This 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. 



Arbitration, Conciliation, and Mediation 

The Arbitration, Conciliation and Mediation Division directed the 
Department's efforts to resolve conflicts between employees and management 
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 



302 North Carolina Manual 

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 83,000 boilers and pressure vessels currently are on record with 
the division. 

Controlled Substance Examination Act 

The division 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. 

Elevators and Amusement Devices 

The Elevator and Amusement Device Division is responsible for the prop- 
er installation and safe operation of all elevators, escalators, workman's 



The North Carolina Executive Branch 303 

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 22,201 inspections are conducted annually by this 
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. 

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 in complying with the provisions of the federal act 
which require them to train their employees in safe working procedures. Some 
460 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 
Department of Labor jurisdiction, but personnel from public sector mines do 
participate in training programs conducted by the Mine and Quarry Division. 



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 



304 North Carolina Manual 

Occupational Safety and Health Division conducts more than 3,000 inspec- 
tions a year. The division conducts investigations of complaints made by 
workers, investigations of work-related accidents and deaths, general sched- 
ule inspections 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 180,000 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 101 services in the state are under departmental jurisdiction. 
Services which are solely employer-paid need not be licensed by the depart- 
ment. 

Training Inititatives 

The Bureau of Training Initiatives designs and implements model 
employment and training programs. Developed in close cooperation with 
employers and industry specialists, these programs serve target populations 
across many business and industry sectors. The initiatives include develop- 
ing individualized or group models, pilot or demonstration programs, and 
developing or field-testing new processes or tools. 



Research and Statistics 

The Research and Statistics Division compiles and publishes comprehen- 



The North Carolina Executive Branch 305 

sive data on occupational injuries and illnesses in North Carolina for use in 
the department's state-administered Occupational Safety and Health 
Program as well as by industry as a reference guide in conducting their own 
safety and health activities. This data provides 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 10,000 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 79 counties. 

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. 

Workforce Training and Development 

The Bureau of Workforce Training and Development implements innova- 
tive job training programs which provide long-term employ ability for the 
unemployed. The bureau also works with employers to develop transferable 
job skills which serve the disadvantaged and dislocated. Initiated by local 
proposals from throughout the state, these programs are designed to place 
participants in high-quality, long-term jobs. 



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. 



306 North Carolina Manual 

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- 
sion, the department attempts conciliation through informal means prior to 
issuing a right to sue letter or taking the complaint to court. 

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 307 



308 



North Carolina Manual 




The North Carolina Executive Branch 309 

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-present; Lawyer, 1977-92, began private practice as sole 
practitioner, firm grew to become Scott, Payne, Boyle & Swart, Wilmington. 

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-present; N.C. Commission on Indian 
Affairs, 1993-present; Chair, Literacy Taskforce, Governor's Commission on 
Workforce Preparedness, 1993-present. 

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. 

Honors and Awards 

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 America; 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. 

Personal Information 

Married to Ruth Ann Sheehan, May 28, 1994. Lifelong Member, Grace United 
Methodist Church, Wilmington. 



310 North Carolina Manual 

COMMISSIONERS OF LABORi 

Name Residence Term 

Wesley N. Jones2 Wake 1887-1889 

John C. Scarborough3 Hertford 1889-1892 

William I. Harris4 1982-1893 

Benjamin R. LacyS Wake 1893-1897 

James Y. Hamrick6 Cleveland 1897-1899 

Benjamin R. Lacy^ Wake 1899-1901 

Henry B. VarnerS Davidson 1901-1909 

Mitchell L. Shipman Henderson 1909-1925 

Franklin D. Grist Caldwell 1925-1933 

Arthur L. Fletcher9 Ashe 1933-1938 

Forest H. Shufordio Guilford 1938-1954 

Frank Craneii Union 1954-1973 

William C. Creell2 Wake 1973-1975 

Thomas A. Nye, Jr.l3 Rowan 1975-1977 

John C. Brooksi4 Wake 1977-1993 

Harry E. Payne, Jr.^^ New Hanover 1993-Present 

^The 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. 

2Jones 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. 

^Harris was appointed by Governor Holt on December 20, 1892 to replace 
Scarborough. 

^Lacy was appointed by Grovernor Carr on March 2, 1893 for a two-year term. He 
was reappointed on March 13, 1895. 

^Hamrick was appointed by Governor Russell on March 8, 1897 for a two-year 
term. 

"^Lacy was elected by the General Assembly on March 6, 1899. 

^Varner was elected in the general elections in 1900. 

^Fletcher was elected in the general elections in 1932. He resigned effective 
September 12, 1938. 

i^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. 

l^Crane was appointed by Governor Umstead on June 3, 1954 to replace Shuford, 
He was elected in the general elections in 1954. 

i2Creel died August 25, 1975. 

l^Nye was appointed by Governor Holshouser to fill the unexpired term of Creel. 

i^Brooks was elected in 1976 and served through 1992. 

iSPayne was elected in 1992 and began serving as Comniisisoner on 
January 11, 1993. 



The North Carolina Executive Branch 311 



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 Csirolina was dele- require periodic financial disclosures 

gated to the Secretary of State. The \^y insurers and agents; provide for 

1899 General Assembly established ^^^^^g ^f insurers in order to monitor 

the Department of Insurance and ^j^^.^ solvency; license and regulate 
gave it the responsibility of admit- brokers, and claims 

ting, licensing, and generally regu- ^^^ -^^ ^^^ define what 

lating insurance companies. ,.,,.. , ij-i.v- 

The first Commissioner of kind of insurance may be sold m this 

Insurance was to be elected by the state; provide information to insur- 

General Assembly and subsequently ance consumers about their rights 

appointed by the Governor, by and and responsibilities under their poli- 

with the consent of the state senate, cies; and prohibit unfair and decep- 

This would occur in January of 1901, tive trade practices by or among per- 

and the appointed Commissioner sons in the business of insurance, 
would serve four-year terms. In The Commissioner and 

1907, however, the General Department also license and regu- 

Assembly authorized a referendum late bail bondsmen, motor clubs, pre- 

to amend the constitution of North mium finance companies, and collec- 

Carolina to provide that the Office of tion agencies. Other responsibilities 

Commissioner of Insurance would be include providing staff support to the 

a constitutional office and that the North Carolina State Building Code 

Commissioner would be elected by Council, the Manufactured Housing 

the people every four years. Board, the State Fire and Rescue 

The Commissioner and Commission, the Public Officers' and 

Department of Insurance regulate Employees' Liability Insurance 

the various kinds of insurance sold Commission, the Arson Awareness 

in this state and the companies and Council, and the Code Officials 

agents that sell it. All authority to Qualifications Board, 
regulate the business of insurance is Other important functions of the 

delegated to the Commissioner by Commissioner and Department that 

the General Assembly. affect many citizens of the State are 

Specifically, the Commissioner the training of firemen and rescue 

and Department oversee the forma- squad workers and the certification 

tion and operation of insurance com- of fire departments for fire insurance 

panies; enforce the minimum financial rating purposes, 
standards for licensing and continued The Department encompasses 

operations of insurers; regulate the the following entities: 



312 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. 

Regulatory/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 pgirticular insurance problem. 

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. 

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. 

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. 



The North Carolina Executive Branch 313 

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 Market Conduct Division conducts field examinations of the market 
practices of domestic and foreign insurers and their representatives. 

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. 

Office of General Counsel 

The Office of General Counsel advises department personnel on legal 
matters and acts as liaison to the Office of Attorney General. 

Safety Services Group 

The Engineering Division has primary responsibility for administering 
the state building code. This division also serves as staff to the North 
Carolina Building Code Council as well as the North Carolina Code Officials 
Qualifications Board and is divided into seven sections: code consultation, 
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. This 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 responsi- 
ble for the operation and maintenance of the State Property Fire Insurance 
Fund. This 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- 



314 North Carolina Manual 

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. Fire and Rescue Commission 

N.C. Public Officers and Employees Liability Insurance Commission 

N.C. Arson Awareness Council 

N.C. Small Employer Trust Commission 

For Further Information 

(919) 733-2032 

Consumer Toll Free Number: (800) 546-5664 

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



The North Carolina Executive Branch 315 



316 



North Carolina Manual 




The North Carolina Executive Branch 317 
James Eugene Long 

Commissioner 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. 

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). 

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; Information Resources Management Commission, 1991-present. 

National Activities 

National Association of Insurance Commissioners (NAIC): President, 1990-91; 
Chair, Coordination Subcommittee, Internal Administration Committee; Member: 
Executive Committee, Financial Services and Insurance Regulation Committee, 
Market Conduct/Exam Oversight Task Force, Blanks Task Force, Data Systems 
Management Task Force, Potentially Troubled Companies Working Group, Special 
Insurance Issues Committee, Internation Insurance Relations Task Force, NAIC/JIR 
Joint Committee, Department Accredidation Committee; Vice President, 1989-90; 
Chair, NAIC Exectuive Committee, Agent Database Committee; Vice Chair: Special 
Insurance Issues, Internal Administration Committee, Zone Coordination 
Subcommittee, International Insurance Relations Task Force, NAJC/NAAG Joint 
Committee; Member: Financial Services and Insurance Regulation Committee, 
Accident and Health Task Force, Blanks Task Force, Casualty Acturial Task Force, 
Examination Oversight Task Force, Life and Health Acturial Task Force, NAIC/JIR 
Joint Committee; Executive Committee, 1994-present. 

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; Five grandchildren. Member, Church of the Good Shepherd, Raleigh. 



318 North Carolina Manual 

COMMISSIONERS OF INSURANCEi 

Name Residence Term 

James R. Young2 Vance 1899-1921 

Stacey W. Wade3 Carteret 1921-1927 

Daniel C. Boney4 Surry 1927-1942 

William P. HodgesS Martin 1942-1949 

Waldo C. Cheek6 Moore 1949-1953 

Charles F. Gold? Rutherford 1953-1962 

Edwin S. Lanier^ Orange 1962-1973 

John R. Ingram^ Randolph 1973-1985 

James E. Long^^ Alamance 1985-Present 

iThe Greneral 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). 

2Young 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. 

3Wade was elected in the general elections in 1920 and served following reelec- 
tion in 1924 until his resignation on November 15, 1927. 

^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. 

^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. 

^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. 

'^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. 

^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. 

^Ingram was elected in 1972 and served until 1984 when he ran for another 
office. 

i^Long was elected in 1984 and was reelected in 1988 and 1992. 



The North Carolina Executive Branch 319 



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. 



320 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 of 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 Rscal 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 
administration in accordance with the requirements of the State Personnel 



The North Carolina Executive Branch 321 

Act. The Personnel Division is responsible for employee selection and 
recruitment, position management, training and development, employee and 
management 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. This 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 
repair 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- 
nance; pest control; parking supervision; and lock shop operations. 



322 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. This division 
is a receipt-supported operation that purchases, maintains, assigns and man- 
ages the State's centralized fleet of approximately 5,500 vehicles and 
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- 
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 323 

computerized inventory of land and buildings owned or leased by the State 
and 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. This 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. This 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, 
bringing local, state and federal resources into focus for the implementation 
or 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 
of the youth of North Carolina through their participation in community 



324 North Carolina Manual 

services and the development of youth leadership capabilities. Experiential 
education opportunities are provided to young adults through an internship 
program. This 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 

Board of Awards 

Board of Public Telecommunications Commissioners 

Board of Trustees of the N.C. Public Employee Deferred Compensation 

Commission on Substance Abuse Treatment and Prevention 

Governor's Advocacy Council for Persons with Disabilities 

Governor's Advocacy Council on Children and Youth 

Governor's Commission for Recognition of State Employees 

Governor's Jobs for Veterans Committee 

Governor's Management Council 

Juvenile Law Study Commission 

N.C. Alcoholism Research Authority 

N.C. Alliance for Competitive Technologies 

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 for Women 

N.C. Ethics Board 

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. Postsecondary Eligibility Review Commission 

Persian Gulf War Memorial Commission 

Protection and Advocacy for Mentally 111 Individuals Advisory Committee 

Public Radio Advisory Committee 

State Building Commission 

State Goals and Policy Board 

State Health Plan Purchasing Alliance Board 

State Youth Council 

State Youth Advisory Council 

Task Force on Racial, Religious and Ethnic Violence and Intimidation 

Veterans' Aifairs Commission 

Veterans' Affairs Advisory Committee 

For Further Information 

(919) 733-7232 



The North Carolina Executive Branch 



325 



r 




Secretary of 

Administration 

Katie G. Dorsett 



Deputu Secretary of 
Government 
Operations 

David McCoy 



Auxiliary Services 

Jack Barnes 



If 



Facility Management 

S. Tony Jordan 

Management 
Information Systems 

Bill Colman 
Motor Fleet Mgmt. 

John Massey 

Purchase and Contract 

John Leaston 

State Capitol Police 

Mike Chapin 

State Construction 

Speros Fleggas 

State and Local 
Government Affairs 

Sara Stuckey 

State Property 

Joseph Henderson 




A gencv for Public 
Telecommunications 

Leila Tvedt 

Assistant Secretary 

Lisa Piercy 

Mailroom/Supply Store 



Assistant Secretary of 
Veterans Affairs 

Charles Smith 

Fiscal Management 

Jimmy Morris 

General Counsel 

Glen Peterson 

Personnel and Staff 
Development 

Linda Coleman 

Public Information 

Priscilla Smith 



J 



Deputu Secretary of 



Programs 

Sampson Buie 



9^ 



i 



Commission of Indian 
Affairs 

Greg Richardson 

Council for Women 

Juanita Bryant 

Governor's Advocacy 
Council for Persons with 



Disabilities 

Cindy Grouse-Martin 

Human Relations 

William Barber 

Youth Advocacy and 
Involvement Office 

Vida Mays 



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. 




North Carolina Manual 

Katie G. Dorsett 



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. 

Political Activities 

Secretary of the N.C. Department of Administration, 1992-present; Member, 
Democratic Party. 

Organiza tions 

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. 

Personal Information 

Married, Warren Dorsett. Children: Valerie and Warren Jr. (deceased). 



The North Carolina Executive Branch 327 

DEPARTMENT OF ADMINISTRATION 



SECRETARIES 

Name Residence Term 

Paul A. Johnstonl Orange 1957-1960 

David S. Coltrane2 Wake 1960-1961 

Hugh Cannon Wake 1961-1965 

Edward L. Rankin, Jr.3 Wake 1965-1967 

Wayne A. Corpening^ Forsyth 1967-1969 

William L. Turner Wake 1969-1973 

William L. BondurantS Forsyth 1973-1974 

BruceA.Lentz6 Wake 1974-1977 

Joseph W Grimsley Wake 1977-1979 

Jane S. Patterson (acting)^ Wake 1979-1980 

Joseph W. GrimsleyS Wake 1980-1981 

Jane S. Patterson9 Wake 1981-1985 

Grace J. Rohrerio Orange 1985-1987 

James S. Loftonii Wake 1987-1993 

Katie G. Dorsett Guilford 1993-Present 

iJohnston was appointed by Governor Hodges and served until his resignation 
effective August 31, 1960. 

2Coltrane was appointed by Governor Hodges to replace Johnston. He was reap- 
pointed by Gk)vernor Sanford on January 6, 1961 and served until November, 1961 
when he was appointed chair of the Advisory Budget Commission. 

3Rankin was appointed by Governor Moore to replace Coltrane and served until 
his resignation effective September 30, 1967. 

"^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. 

^Bondurant was appointed on January 5, 1973, by Governor Holshouser to 
replace Turner and resigned effective June 21, 1974. 

^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. 

'^Patterson served as acting departmental secretary when Grimsley took a leave 
of absence to serve as campaign manager of Governor Hunt. 

^Grimsley resigned effective August 1, 1981, following his appointment as secretary 
for the Department of Natural Resources and Community Development. 

^Patterson was appointed by Grovernor Hunt to replace Grimsley. 

lORohrer was appointed by Governor Martin. 

i^Lofton was appointed by Governor Martin. 



328 North Caholina Manual 



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 (DOC) State, rural and urban areas alike, 

consisted almost entirely of regulatory Promoting tourism, exporting, film 

agencies and the Employment production, downtown revitalization 

Security 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 

The Secretary of the Department of Commerce is appointed by the gover- 
nor. 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 its 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 
departmental divisions regarding all publications projects and needs. 

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. This office also promotes 
recreational activities statewide. 

Office of the Deputy Secretary 

The Deputy Secretary directly oversees the following economic 
development divisions: 



The North Carolina Executive Branch 329 

Business/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 North Carolina and operates offices in 
Dusseldorf, Hong Kong and Tokyo. 

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 profitable. 

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, including the 
Industrial Development 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 distressed 
counties. 

GTP Marketing Division: Marketing and industrial recruitment for 
the Global TransPark are the responsibility of the GTP Marketing Division. 
This 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. This division shares offices abroad with the 
Business/Industry Development Division. In early 1994, it opened an office in 
Mexico City that focuses solely on trade between Latin America and North 
Carolina. It also operates the North Carolina Furniture Export Office in 
High Point. 

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 emplo5rment and 
strengthen the overall economy of the state. Its advertising and marketing 
programs are designed to promote the state's geographical beauty, mild cli- 
mate and special attractions. 



330 North Carolina Manual 

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 (CDBG), which 
assists low and moderate-income North Carolinians through the creation of 
jobs, housing and improved infrastructure. CDBGs are awarded to local gov- 
ernments on a competitive basis. Next, it administers the state's Main Street 
Program, which helps communities revitalize their downtowns. Finally, staff 
planners in this 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 (JTPA). 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 pro- 
grams. 

The Employment and Training Division also is designated as North 
Carolina'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 North Carolina'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 poli- 
cy and legislation. This division's key responsibilities include promoting 
renewable energy and energy efficiency in every sector of the economy, 
preparing energy forecasts and updating and developing North Carolina's 
energy emergency 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: 

Alcoholic Beverage Control Commission: The Alcoholic Beverage 



The North Carolina Executive Branch 331 

Control Commission is responsible for controlling all aspects of the sale and 
distribution of alcoholic beverages in North Carolina. North Carolina's sys- 
tem is unique among the 50 states because 156 county and municipal ABC 
boards are responsible for the sale of alcoholic beverages statewide. There 
are 391 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. This 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, it supervises the state's bank holding companies, money 
transmitters, mortgage bankers and mortgage brokers, tax refund anticipa- 
tion lenders, and reverse mortgage lenders. 

Burial Commission: The Burial Commission supervises and audits the 
nearly 150 North Carolina mutual burial associations, which have approxi- 
mately 200,000 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. This commission's primary function 
is to conduct examinations of all licensed cemeteries to establish compliance 
with the N.C. Cemetery Act. It also licenses cemetery sales and management 
organizations, cemetery brokers Eind individual pre-need cemetery sales people. 

Credit Union Division: The Credit Union Division supervises and reg- 
ulates the operations of the 142 state-chartered credit unions, which serve 
over 829,000 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 
(REA) oversees the state's electric membership corporations and telephone 
membership corporations to see that they apply their rules and regulations 
on a non-discriminatory basis. The REA also acts as ombudsman for mem- 
ber complaints and as the liaison between the membership corporations and 
the U.S. Rural Electrification Administration for federal loans. All loan 
applications must be approved by the state REA before they will be consid- 
ered by the federal agency. 



332 North Carolina Manual 

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 Utilities 
Commission and the appellate courts as an advocate of the consuming public. 

Employment Security Commission 

The North Carolina Employment Security Commission (ESC) adminis- 
ters 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 emplo5anent 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. 

State Ports Authority 

North Carolina operates state Dorts at Wilmino+on and Morehead City. It 

pace in Charlotte and 



The North Carolina Executive Branch 333 

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 



334 



North Carolina Manual 



^™^^SSS^¥»S^^H^^^w^^^S¥^^!T] 




S> Davis Phillips 
Secretary of Commerce 

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 



Board Member, Trinity College Board of Visitors, Duke University; Board Member 
and Past 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. 



The North Carolina Executive Branch 335 

DEPARTMENT OF COMMERCEi 

SECRETARIES 

Name Residence Term 

George Irving AIdridge2 Wake 1972-1973 

Tenney I. Deane, Jr.3 Wake 1973-1974 

Winfield S. Harvey4 Wake 1973-1976 

Donald R. Beason^ Wake 1976-1977 

Duncan M. FairclothS Wake 1977-1985 

Howard Haworth^ GuHford 1985-1987 

Claude E. Pope^ Wake 1987-1989 

James T. Broyhill9 Caldwell 1989-1990 

Estell C. LeelO New Hanover 1990-1993 

S. Davis Phillipsii Guilford 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. 

2Aldridge was appointed by Governor Scott. 

^Deane was appointed on January 5, 1973, by Grovernor Holshouser to replace 
Aldridge. He resigned in November, 1973. 

'^Harvey was appointed on December 3, 1973, by Governor Holshouser to replace 
Deane. 

^Reason was appointed on July 1, 1976, by Governor Holshouser to replace 
Harvey. 

SPaircloth was appointed on January 10, 1977, to replace Reason. 

"^Haworth was appointed January 5, 1985, to replace Faircloth. 

SPope was appointed by Governor Martin to replace Haworth. 

^Broyhill was appointed by Governor Martin to replace Pope. 

i^Lee was appointed by Governor Martin April 1, 1990 to replace Broyhill. 

iiPhillips was appointed by Governor Hunt January 11, 1993, to replace Lee. 



336 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 prison, probation and parole seg- 
Department to provide adequate cus- ments of the department, 
todial care, educational opportuni- The Division of Prisons was orga- 
ties, and medical and psychological nized in the late 1860's-early 1870's 
treatment services to all incarcerated with the opening of a large prison 
persons while at the same time pro- farm in Wake County and the con- 
viding community-based supervision struction of Central Prison in 
and some needed social services to Raleigh. This was a result of the 
clients on probation or after parole. "Reconstruction" of the Constitution 
The Department was established of North Carolina which was accept- 
in 1972 by authority of the Executive ed by the United States Congress in 
Reorganization Act of 1971 as the 1868. In 1899, Caledonia Prison 
Department of Social Rehabilitation Farm was purchased from Halifax 
and Control. The Act provided for the County. This arrangement continued 
joining of the Parole Commission, until 1933 when the General 
and the Advisory Board of Correction Assembly transferred supervision of 
to the Department made up of the the three state prisons and the vari- 
Divisions of Prisons, Adult Probation ous county prisons to the supervision 
and Parole and Youth Development, of the State Highway and Public 
The secretary of the Department is Works Commission. This merger of 
appointed by the Governor and the highway and prison systems was 
serves at his pleasure. The secretary motivated by the steadily worsening 
is responsible for the supervision and economic and social conditions 
administration of all department caused by the Depression. Under this 
functions except that the Parole arrangement, prisons were support- 
Commission has the sole authority to ed by appropriations from the 
release incarcerated offenders prior Highway Fund while prisoners were 
to the expiration of their sentence. extensively employed on road work. 

In July 1974, the Department The Division of Prisons remained 

was renamed the Department of under total administrative control of 

Correction, the Parole Commission the Highway and Public Works 

was expanded from three to five Commission until 1955 when the 

members, and further consolidation director of prisons was granted the 



The North Cakolina Executive Branch 



337 



ability to set divisional rules, regula- 
tions and policies to include the hir- 
ing, promotion, and dismissal of 
employees. At the same time, the 
General Assembly formed the Prison 
Reorganization Commission to study 
the relationship between prisons 
and the highway system. The 
Commission recommended that a 
separate prison department be 
formed and legislation was enacted 
forming the Prison Department in 1957. 

Also in 1957, landmark legisla- 
tion was enacted authorizing a 
statewide system of work release. 
North Carolina thus became the first 
state prison system to allow inmates 
to work at private employment dur- 
ing the day, returning to confine- 
ment in the evening. Today, North 
Carolina has the nation's largest 
work release population with approx- 
imately 1,000 individuals employed. 

The Prison Department 
remained a separate entity under the 
Prison Commission until the 
Department of Social Rehabilitation 
and Control was formed in 1972. 

Probation was first initiated in 
the United States in 1878 in 
Massachusetts. In 1919, North 
Carolina enacted its first probation 
laws but limited probation to first 
offender female prostitutes and cer- 
tain juveniles under the supervision 
of female officers. In 1937, legisla- 
tion was enacted forming the 
Probation Commission to supervise a 
statewide network of male and 
female offenders reporting to proba- 
tion officers. In 1972, the 
Commission was disbanded when the 
Division of Adult Probation and 
Parole was formed within the newly 
created department. At first, proba- 
tion officers retained a strictly proba- 
tion supervision caseload, but by 
mid-1974 they were carrying parole 



caseloads as well. Currently, proba- 
tion and parole officers assigned to 
field services (probation) primarily- 
carry probation caseloads but also 
supervise cases that are dual (on 
both probation and parole 
simultaneously). 

Parole began as a system of par- 
dons and commutations granted by 
the Governor in the original 
Constitution of North Carolina in 
1776. This system was maintained in 
the Reconstruction Constitution of 
1868. In 1919, the General Assembly 
established an Advisory Board of 
Paroles which made recommendations 
to the Governor. This board was 
reduced to the Commissioner of 
Pardons in 1925, the Officer of 
Executive Counsel in 1929, and the 
Commissioner of Paroles in 1935. It 
was this 1935 legislation that creat- 
ed the position of parole officers 
under the supervision of the 
commissioner. 

The 1953 session of the General 
Assembly abolished the Office of 
Commissioner and established the 
Board of Paroles consisting of three 
members. At the same time a consti- 
tutional amendment was approved in 
the 1954 general election to give the 
board full authority to grant, revoke 
or terminate paroles. 

The 1974 General Assembly 
enlarged the board members to five 
full-time members and transferred 
administration and supervision of 
parole officers to the Division of 
Adult Probation and Parole. Pre- 
Release and Aftercare Centers 
(PRAC) were formed in 1974. This 
program began with 90 day paroles 
and a pre-release training program 
to assist inmates with transitional 
adjustment services just prior tore- 
lease on parole. Today with the 
exception of dual cases (persons on 



338 



North Carolina Manual 



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: This section includes budget development and 
administration, regular and grant accounting, work release and Inmate 
Trust Fund accounting, as well as 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 
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 339 

Inmate Grievance Commission 

The Inmate Grievance Commission advises the Secretary concerning the 
varied and many complaints and grievances filed by inmates. The findings of 
this commission may be affirmed in whole or in part,and modified or rejected 
by the Secretary as necessary. 

Parole Commission 

The Secretary is an ex-officio member of the Parole Commission which is 
charged by the State Constitution and General Statutes with the responsibil- 
ity for deciding if an inmate may be released from prison to the supervision 
of the Division of Adult Probation and Parole prior to the expiration of a sen- 
tence . This commission also advises the Governor concerning potential com- 
mutations and/or pardons. 

Division of Prisons 

The Division of Prisons is charged with the direct care and supervision of 
inmates. Currently, the division operates 94 prison institutions and units, 
treatment facilities for women, and has other institutions under construc- 
tion. 

This 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. 

Minim,um, 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. 



340 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 109,000 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 of 
the court when further information is needed prior to sentence disposition. 

This division is also responsible for supervising those individuals 
released from prison by the Parole Commission. Divisional officers are 



The North Carolina Executive Branch 341 

responsible for supplying information to the commission regarding home and 
job placements, specialized programming if needed, and any other communi- 
ty oriented 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 



342 



North Carolina Manual 




^ Fr anklin Edward Freeman ^ Ir« 
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. 

Organizations 

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 Awards 

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, HI, Alexander Lloyd, and Mary Claire. 
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 343 

DEPARTMENT OF CORRECTIONi 



SECRETARIES 



Name Residence Term 

George W. Randall2 Wake 1972 

Ralph D. Edwards3 Wake 1972-1973 

David L. Jones^ Cumberland 1973-1977 

AmosE.ReedS Wake 1977-1981 

James C. Woodard6 Johnston 1981-1985 

Aaron J. Johnson'^ Cumberland 1985-1992 

V.LeeBounds8 1992-1993 

Franklin E. Freeman, Jr Wake 1993-Present 

iThe 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. 

2Randall was appointed by Governor Scott and served until his death on 
December 4, 1972. 

^Edwards was appointed by Grovernor Scott to replace Randall. 

4Jones was appointed on January 5, 1973, by Governor Holshouser to replace 
Edwards. 

SReed was appointed on January 17, 1977 by Governor Hunt to replace Jones, 

^Woodard was appointed January 12, 1981, to replace Reed. 

"^Johnson was appointed on January 7, 1985 by Governor Martin to replace 
Woodard. 

^Bounds was appointed on March 2, 1992 by Governor Martin to replace 
Johnson. 



344 North Carolina Manual 

DEPARTMENT OF CRIME CONTROL AND 

PUBLIC SAFETY 



The 1977 General Assembly criminal justice system. In addition, 

passed legislation to restructure it coordinates state response to any 

and rename the Department of emergency when the emergency 

Military and Veterans Affairs as the requires the response of more than 

Department of Crime Control and one sub-unit of state government. In 

Public Safety. 1980, the Department was given the 

The Department was created authority to direct the allocation of 

April 1, 1977, by transferring law any or all available state resources 

enforcement and public safety agen- from any state agency to respond to 

cies from the Department of Military an emergency. 

and Veterans Affairs, the State The Department is made up of 

Department of Transportation, the the Office of the Secretary, four com- 

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 this department State Emergency Response Commiss- 

are to provide law enforcement and ion and the Crime Victims Compen- 

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 (ABC) 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 (ALE) is to enforce the Alcoholic Beverage Control 
laws of the state. 

Agents provide licensed outlets with the latest information on ABC laws 
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 investi- 



The North Carolina Executive Branch 345 

gatory and enforcement actions for any criminal offense. 

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. 

This division is commanded by a director, headquarters' staff, field 
supervisors and their assistants. For administrative purposes, the field orga- 
nization 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 it became known as the Public Safety 
Department. It was then 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. 

This 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. 



346 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 
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 347 

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 this 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 Crime Prevention Division provides 
technical assistance 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 
Emergency Management 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 exposure of people and property to extremely high-risk situa- 
tions due to our technological advancement, the need for a central coordinat- 
ing agency to preserve 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 
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. 

This 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- 
ries out its theme of cooperation, coordination, and unity. 



348 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 
criminal justice system, local government, the legislature and other citizens. 
This commission is supported by a staff in the Governor's Crime Commission 
Division and 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 develop- 
ment and coordination. The Crime Commission has been a force behind 
many successful statewide programs such as driving while impaired legisla- 
tion, community service restitution, crime prevention and community watch, 
rape victim assistance, victim compensation and sentencing reform. 

This 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. 

Highw^ay 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 
State Highway Commission of North Carolina is hereby authorized and 



The North Carolina Executive Branch 349 

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 State Highway Commission appointed a captain as commanding offi- 
cer 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 
highway 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 
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 
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 
chief responsibility of the State Highway Patrol is safeguarding life and 
property on the state's highways. The duties and responsibilities of the 
Patrol are governed by the General Statutes and consist of regularly 
patrolling the highways and enforcing all laws and regulations pertaining to 



350 North Carolina Manual 

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. 



i^D 



1 

In memory ofthme who lost their lipe$ in the line of duty, we 
hope you 9^e their face^ and hearts in this $tQne of beauty^ In 
dedication and honor to those who die through the year&y toe 
stand before this memorial and kotd hack the tears, Over the 
year$f we lost bmve troopers who mere our comrades and 
friends* We dedicate thi$ tmnument m their honor knowing 
that when one dieSi life hegin^^ 



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 Ceirolina, state and local government officials and citizens who 
have an interest in or relationship to the military community. It meets regu- 
larly at the call of the Chairman or the Secretary of the Department of Crime 
Control and Public Safety, Department employees serve as staff and provide 
administrative support, draft legislation and coordinate meetings. 



The North Carolina Executive Branch 351 

This 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. It collects and studies information related to sup- 
porting and strengthening the military presence in the state. Commission 
members recommend and review proposed military affairs legislation, and 
advise the Governor on measures and activities that would support and 
enhance defense installations and military families within the state. 

This 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 of its missions is to enhance the state's attractiveness 
as a home for retiring service personnel by proving an easy channel of com- 
munication between the military and state government. It has also provided 
the unforeseen benefit of serving as the only meeting ground for the comman- 
ders 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. 
The militia then began to become better organized and trained. 

For many years the State Guard, as it was then known, had no federal 
recognition; 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 
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 



352 North Carolina Manual 

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 to 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 this division were drawn from 
the Governor's Crime Commission Division and other divisions of the Department. 

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 
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 North Carolina Executive Branch 353 

This division also operates programs that provide direct services to vic- 
tims and to justice system agencies. 

The North Carolina Crime Victims Compensation Commission 
(NCCVCC) reimburses persons for uninsured medical expenses and lost 
wages resulting from violent 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 

Governor's Crime Commission 

Military Aides-de-Camp 

N.C. Crime Victims Compensation Commission 

N.C. Emergency Response Commission 

For Further Information 

(919) 733-2126 



354 



North Carolina Manual 




f * Thiirinaii B« Hampton 

Secretary otCrinie 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; 
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 CJeneral 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. 

Political Activities 

Secretary, Department of Crime Control and Public Safety, 1993-September 30, 1995; 
District Attorney, 17-A Prosecutorial District (Rockingham and Caswell Counties), 
1986-93. 

Organiza tions 

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 Commis"sion on Military Affairs; CJovernor's Crime Commission; 
Juvenile Justice Commission. 

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; Army Achievement Medal; Armed Forces Reserve 
Medal; Army Service Ribbon; National Defense Service Medal; Armed Forces 
Expeditionary Medal; Outstanding Young Men in America, 1982-83; Outstanding 
Young Democrat, 1984; Who's Who in American Colleges and Universities. 

Personal Information 

Married, Maria Hopp Hampton, October 16, 1978. Children: Kathryn. Morning Star 
Missionary Baptist (Church. 



^Resigned September 30, 1995. 




The North Carolina Executive Branch 355 

*R ichard Hancock Moo re 

Secretary ot Crime Control 
and Public Safety 

Early Years 

Born August 30, 1960, in Oxford, Granville 
County, NO, to Tingley Moore and Lucy 
Hancock Moore. 

Educational Background 

J. F. Webb High School, Oxford, NC, June 
1978; Wake Forest University, B.A. - 
History, May 1982; London School of 
Economics, London, UK, Graduate Degree - 
Accountancy, July 1984; Wake Forest 
University School of Law, J.D., May 1986. 

Professional Background 

Attorney/Farmer, Zollicoffer & Long, Henderson, NC; Assistant United States 
Attorney, NC Eastern District, 1989-92. 

Political Activities 

Secretary, N. C. Department of Crime Control and Public Safety, December 1, 1995- 
present; Member, North Carolina House of Representatives, 22nd District, 1993-94. 

Organizations 

Vance, Granville, and Franklin Counties, Chamber of Commerce; Granville City 
United Way Campaign Cabinet. 

Boards and Commissions 

North Carolina State Health Coordinating Council, 1993-95; Director, North Carolina 
Rural Development Center, 1993-95; North Carolina Health Planning Commission, 
1993-95. 

Honors and A wards 

Special Achievement Award, United States Department of Justice, 1991. 

Personal Information 

Married, Noel Crook of San Narcos, Texas, May 18, 1985. Children: Will (1-11-91) and 
Charles (11-16-94). Member, St. Stephens Episcopal Church, Oxford, NC. 



"Sworn in December 1, 1995. 



356 North Cakolina Manual 

DEPARTMENT OF CRIME CX)NTROL 
AND PUBLIC SAFETYi 



SECRETARIES 

Name Residence Term 

J. Phillip Carlton2 Wake 1977-1978 

Herbert L. Hyde3 Buncombe 1979 

Burley B. Mitchell4 Wake 1979-1982 

HemanR. Clark^ Cumberland 1982-1985 

Joseph W. Dean6 Wake 1985-1992 

AlanV. Pugh^ Randolph 1992-1993 

Thurman B. HamptonS Rockingham 1993-1995 

Richard H. Moore9 Granville 1995-present 

iThe General Assembly of 1977 abolished the Department of Military and 
Veterans' Affairs and created the Department of Crime Control and Public Safety. 

^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. 

^Hyde was appointed on January 2, 1979, by Governor Hunt to replace Carlton. 

"^Mitchell was appointed on August 21, 1979, to replace Hyde. He resigned in 
early 1982 following his appointment to the N.C. Supreme Court. 

^Clark was appointed in February 2, 1982, by Governor Hunt to replace Mitchell. 

^Dean was appointed January 7, 1985 by Grovernor Martin. 

■^Pugh was appointed June 1, 1992, to serve the remainder of the Martin 
Administration. 

^Hampton was appointed by Governor Hunt and sworn in on February 3, 1993, 
and resigned September 30, 1995. 

^Moore was appointed by Grovernor Hunt and sworn in on December 1, 1995. 



The North Carolina Executive Branch 357 



DEPARTMENT OF CULTURAL RESOURCES 



The North Carolina Department exploration and interpretation of our 
of Cultural Resources was the culture and ways in which its aspects 
first state government cabinet- can be made increasingly available 
level cultural affairs department to the public. By emphasizing the 
established in America. It was creat- richness of our traditions, history 
ed under the State Government and art the Department works to 
Reorganization Act of 1971 as the preserve and protect our heritage for 
Department of Art, Culture and future generations. 
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 Council, and the State Library. It 
is to enhance the cultural climate of also administers two semi- 
North Carolina by providing access autonomous agencies, the North 
to the arts, historical resources and Carolina Symphony and the North 
libraries. Cultural Resources inter- Carolina Museum of Art, as well as 
prets "culture" as an inclusive term several special programs, 
for the many ways people have of Furthermore, Cultural Resources 
understanding their history, values works with numerous boards and 
and natural creativity. The commissions associated with the 
Department's functions highlight the Department. 



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 activi- 
ty. Within this 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 knowledgeable 
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 of 
objects significant to the history of North Carolina. Its collection, currently 
containing over 350,000 items, reflects our state's political, economic, and 
social history. This comprehensive collection is used by the central museum 



358 North Carolina Manual 

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. It 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 lec- 
tures, 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 v£irious 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 its appeal, thereby creating 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 opened 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 
of the state and of counties and municipalities. It also preserves other 
records of permanent historical interest including private manuscripts, maps 
and photographs. 

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 



The North Carolina Executive Branch 359 

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 bum, and records of great value 
may perish with them. Often those records already have been preserved 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. This 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 
Blackbeard'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. 

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 



360 North Carolina Manual 

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, this 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 proper- 
ties are selected for restoration by the State and are open to the public as 
historical, educational and recreational attractions. They range from the 
elaborate and lavish restoration of Tryon Palace in New Bern to the simplici- 
ty of the mountain-surrounded birthplace of Governor Zebulon Vance at 
Weaverville. 



The State Library of North Carolina 

The State Library has a long and proud history, beginning with its 
founding in 1812 as a collection of books in the office of the Secretary of State 
and the appointment of the first full-time State Librarian in 1843. Another 
historical milestone was the establishment of the North Carolina Library 
Commission in 1909. Its primary mission was to provide assistance, advice, 
and counsel to: all libraries; all communities that proposed to establish 
libraries; and all persons interested in the best means of establishing and 
administering libraries. By action of the General Assembly in 1955, the State 
Library and the Library Commission were merged to form a single State 
Library. Today, the State Library is a division of the Department of Cultural 
Resources and the State Library Commission, a 15-member group of citizens 
and professional librarians, advises the Secretary of Cultural Affairs and the 
State Librarian on priorities and policy issues. 

The State Library of North Carolina focuses its service to the people of 
the state in three ways: (1) by working in partnership with local communities 
to develop public library services statewide; (2) by developing library net- 
works coordinating efforts among all types of libraries to provide access to 
electronic information resources through a modern telecommunications 



The North Carolina Executive Branch 361 

infrastructure; and (3) by operating the State Library that provides services 
to a constituency which includes government officials, business people and 
the general public, as well as services offered through the Library for the 
Blind and Physically Handicapped. 

The Library Development Section works closely with local communities 
to ensure that every public library within the state offers the best possible 
service. The development staff provides continuing education, consulting 
assistance, and other types of support to local library staff, library board 
members, and local officials. The State Library also offers a rich array of 
statewide programs that are available through local public libraries. Its 
Summer Reading Program annually reaches more than 80,000 North 
Carolina children who read more than 2 million books during the summer, 
and Quiz Bowl offers more than 2,000 high school students from 268 high 
schools the opportunity to participate in a statewide academic competition. 

The State Library's staff of professionally trained librarians assists users 
in accessing a collection that includes 160,226 books and classified serials; 
subscriptions to 787 periodicals, newspapers, microfilm and microfiche items; 
subscriptions to a selection of online databases and CD-ROM databases, and 
a collection of 4,305 16mm films and 3,292 videocassettes. The State 
Documents Depository catalogs and distributes state government publica- 
tions to local depository libraries statewide. The North Carolina Newspaper 
Project, carried out jointly with the Division of Archives and History, identi- 
fies newspapers published throughout the state since the earliest days, pre- 
serves them on microfilm, and catalogs them so that they can be located and 
used by historians and researchers throughout the nation. 

The State Library's North Carolina Information Network links 
local libraries to the emerging national and international web of 
telecommunications networks and the exploding variety of resources 
available electronically. Staff at the State Library are developing innovative 
online resources to give people across the state access to government infor- 
mation. 

The Library for the Blind and Physically Handicapped offers free service 
to any North Carolinian unable to hold or read ordinary printed library 
materials because of physical or visual disability. This program is part of the 
Library of Congress National Library Service for the Blind and Physically 
Handicapped. Recorded on long-playing records or cassette tapes, in large 
type or Braille, the materials include books and magazines of all kinds and 
for all ages. Many thousands of titles are available for loan, as well as the 
equipment to use 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- 
ty. 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. 



362 North Carolina Manual 

Division of the Arts Council 

It is the mission of the North Carolina Arts Council to enrich the cultural 
life of North Carolina by nurturing and supporting excellence in the arts and 
providing 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, cultural centers, galleries and museums, crafts 
guilds, literary presses and magazines, folk arts programs, dance, opera and 
theatre companies, performing arts presenters, individual artists, and arts 
programs in public schools, community colleges, universities, public libraries, 
historical organizations, parks and recreation departments, community ser- 
vice organizations and public radio and television. 

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 March 1 for organizations, and February 1 for artists. 

The Arts Council's program sections are Community Development, 
Dance, Folklife, Literature, Music, Theatre, 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 and to 
address important issues affecting the arts in North Carolina. The Council is 
recognized nationally for its innovative leadership in arts programming. 

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 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, literary and 
visual artists in North Carolina public schools as well as in a variety of other 
settings from the largest cities to the most rural communities. The 
Organization of Color Development Program provides assistance to emerging 
arts groups at a crucial time in their development. The Folk Heritage 
Awards recognize and honor North Carolina's finest folk artists. Fellowships 
assist outstanding professional artists. 

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 sculpture representing 5,000 years of artistic achieve- 
ments from ancient Egypt to the present. When the General Assembly appro- 



The North Carolina Executive Branch 363 

priated $1 million in 1947 "to purchase an art collection for the state," North 
Carolina became the first state in the nation to devote public funds for that 
purpose. With that first appropriation, the Museum acquired 139 paintings 
that included works by Homer, Rubens, Van Dyck, 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 modem 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, its collection houses works by Monet, Pissarro, and Copley. 
The modern collection includes works by Hartley, O'Keeffe, Kline, Stella, 
Calder, Moore, Kiefer, and Wyeth, as well as a significant group of German 
Expressionist paintings. 

Docents conduct tours of the art collection and tours of special exhibitions 
for groups, including some 45,000 school children who visit the Museum 
annually for tours geared to their curriculum. A daily public tour is offered at 
1:30 p.m. It presents Sunday afternoon lectures and concerts, 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, Friday until 9 p.m., 11 a.m. - 6 p.m., 
Sunday, and is closed Monday. Admission to the museum is free; however 
there may be an admission charge to certain special exhibitions or programs. 

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 40 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. 



364 North Carolina Manual 

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. 

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 



The North Carolina Executive Branch 



365 



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-present. 

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-ofTicio); Member, Board of Directors, N.C. Equity; Co-founder and Board 
of Directors, Pine Needles Network; 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; 



366 North Carolina Manual 



I 



Member, General Alumni Association of UNC-Chapel Hill Board of Directors and 
Chair of the Program Committee; Member, Board of Directors, Treasurer, Wilson on J 
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, and 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, HI 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. 



i 



The North Carolina Executive Branch 367 

DEPARTMENT OF CULTURAL RESOURCESi 



SECRETARIES 

Name Residence Term 

Samuel T. Ragan2 Moore 1972-1973 

Grace J. RohrerS Forsyth 1973-1977 

Sara W. Hodgkins^ Moore 1977-1985 

Patric G. DorseyS Craven 1985-1993 

Betty R. McCainS 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." 

2Ragan was appointed by Governor Scott. 

3Rohrer was appointed on January 5, 1973, by Governor Holshouser to replace 
Ragan. 

'^Hodgkins was appointed on January 10, 1977, by Governor Hunt to replace 
Rohrer. 

^Dorsey was appointed January 7, 1985, by Governor Martin to replace 
Hodgkins. 

^McCain was appointed January 11, 1993 to replace Dorsey. 



368 North Carolina Manual 

DEPARTMENT OF ENVIRONMENT, HEALTH, 
AND NATURAL RESOURCES 



The N.C. Department of Legislature to save Mount Mitchell 
Environment, Health, and before loggers could ruin it. The leg- 
Natural Resources has a long islators created Mount Mitchell 
and diverse history. When North State Park in response. That same 
Carolina began enforcing game laws year federal and state laws were 
in 1738, acting years before state- passed to protect watersheds and 
hood became a fact, the process streams. The Legislature established 
began to form what we know today the North Carolina Fisheries 
as the Department of Environment, Commission Board, charging it with 
Health, and Natural Resources. the stewardship and management of 

By 1850 the State had embarked the state's fishery resources. With 

on an ambitious earth sciences pro- that creation came the power to reg- 

gram to include not only physical sci- ulate fisheries, enforce laws and reg- 

ences but also agricultural and silvi- ulations, operate hatcheries, and 

cultural functions. In 1823, the carry out shellfish rehabilitation 

North Carolina Geological Survey activities. 

was formed, later expanded, and in By 1925 the North Carolina 

1905 renamed the N.C. Geological Geological and Economic Survey 

and Economic Survey — the forerun- moved another step in its eventual 

ner organization to the Department progression to the present-day orga- 

of Environment, Health, and Natural nization. It became the Department 

Resources. of Conservation and Development, 

State direction on environmental consolidating and encompassing 

matters picked up speed as the 20th many natural resource functions. 

Century dawned. As early as 1899, The focus was on geology, but many 

the State Board of Health was given other associated natural resource 

some statutory powers over water functions also grew. Although the 

pollution affecting sources of domes- Depression slowed business at all 

tic water supply. The power to con- levels, the public programs, such as 

trol the pollution of our waters has the Civilian Conservation Corps 

remained constant since. (CCC), were a boon to the natural 

The State employed its first resource programs of North 

graduate forester in June of 1909, Carolina. More than 76,000 CCC 

leading to the creation of the North workers fanned out across the state, 

Carolina Forest Service (known constructing fire towers, bridges, ero- 

today as the Division of Forest sion control dams, buildings, planti- 

Resources) in 1915 with a single pur- ng trees and fighting forest fires, 

pose — to prevent and control wild- Many of the facilities in our state 

fires. parks built by the CCC are still in 

In that same year the system of use today, 
state parks also was born, when The Division of Forest Resources 

Governor Locke Craig moved the established its nursery seedling 



The North Carolina Executive Branch 369 

program in 1924, adding its manage- and geology - were coming into focus 

ment branch in 1937 and creating a at the same time. 
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 North Carolina, 
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 of geology and 1963, the Forestation Program was 

mineral resources in the western added in 1969, and the first 

regions of North Carolina in coopera- Educational State Forest became 

tion with the Tennessee Valley operational in 1976. 
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 



370 North Carolina Manual 

leisure spots for most of the years. That Act transferred 18 different 

The growth in attendance, and agencies, boards and commissions to 

a corresponding need for more the Department, including the func- 

appropriations to serve that tions of the old Department of 

growth, surfaced in the early 1960's Conservation and Development. As 

and continues today. The 1963 State some of the titles changed and some 

Natural Areas act guaranteed that of the duties of old agencies were 

future generations will have pockets combined or shifted, the stage was 

of unspoiled nature to enjoy. The set for the 1977 Executive Order 

1965 Federal Land and Water which created the Department of 

Conservation Fund required the Natural Resources and Community 

State to have a viable plan for park Development. That brought together 

growth. not only the growing community 

The General Assembly pumped development programs, but pulled 

new financial life into the state park the always popular North Carolina 

system with major appropriations in Zoological Park (created in 1969 and 

the 1970's for land acquisition and expanded continuously since) and 

operations. By the mid-1980's, park the Wildlife Resources Commission 

visitation was surpassing six million under the Natural Resources and 

a year, facilities were being taxed to Community Development umbrella, 
the limit, and a new era of parks During the mid-1980's however, a 

expansion and improvements was growing need developed to combine 

beginning. the interrelated natural resources. 

In the 1960's, the need to protect environmental and public health regu- 

fragile resources was evident on sev- latory agencies into a single depart- 

eral fronts. The Division of Geodetic ment. With the support of the 

Survey began in 1959, the Dam Administration, the General Assembly 

Safety Act was passed by the passed legislation in 1989 to combine 

General Assembly in 1967, and elements of the Department of Human 

North Carolina became the first Resources and the Department of 

state to gain federal approval of its Natural Resources and Community 

Coastal Management Program with Development (NRCD) into a single 

the 1974 passing of the Coastal Area Department of Environment, Health, 

Management Act. By the early and Natural Resources. 
1970's, the state's involvement in Three of the old NRCD divisions 

natural resource and community (Community Assistance, Economic 

lifestyle protection bore little resem- Opportunity, and Employment and 

blance to the limited structure of Training) transferred to other 

state organizations of the late 1800's. departments. The remaining divi- 

The Executive Organization Act of sions were combined with the Health 

1971 placed most of the environmen- Services Division from the N.C. 

tal functions under the Department of Department of Human Resources to 

Natural and Economic Resources, form the new agency. 



The North Carolina Executive Branch 371 

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 ofBce 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 its programs and available services. 

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 Equal Employment Opportunity: The Office of Equal 
Employment Opportunity (EEC) develops and implements programs to 
ensure the Department's compliance with the State Personnel Commission's 
policies on equal employment opportunity. The Office provides guidance to 
division directors, regional managers and executive staff on the attainment 
of EEC goals. 

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 
state level, coordinates department environmental education programs and 
activities, and supports the North Carolina "Keep America Beautiful" program. 



372 North Carolina Manual 

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. This division issues 
permits to control sources of pollution, monitors permitted facility compli- 
ance, evaluates 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 
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. 



The North Carolina Executive Branch 373 

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. This 
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 peirks, 
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 North Carolina'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 North Carolina's natural history. 

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 
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. 



374 North Carolina Manual 

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 Division: 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. 

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. 



The North Carolina Executive Branch 375 

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. Its staff maintains liaison with other 
state and federal health agencies, local health departments, volunteer 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 physiced 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 
Department's health divisions and is the fiscal intermediary for Medicaid 
funds. 

Assistant Secretary for Administration 

Computer Systems Division: Computer Systems supports the 
Department's mainframe computer applications, manages the communica- 
tion network, serves as the liaison to the State Information Processing 
Services for mainframe application development, and provides support for 
personal computers and mainframe applications. 

Fiscal Management Division: Fiscal Management provides support 
and services to the divisions in travel, invoice processing, budget manage- 
ment, capital projects, pajn^oll 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 
supports the Department with issue development, long-range planning and 
policy coordination through information gathering and research, and 
supports the department's budget process. 

Health and Environmental Statistics: The Center for Health and 
Environmental Statistics is North Carolina's focal point for developing and 



376 North Carolina Manual 

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 natur- 
al 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 

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 



The North Carolina Executive Branch 377 

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 



378 



North Carolina Manual 




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. 

Political Activities 

Secretary, N.C. Department of Environment, Health and Natural Resources, 1993- 
present; Mayor, Town of Chapel Hill, 1987-91; Council member, Town of Chapel Hill, 
1975-87. 

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. 

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. 

Honors and Awards 

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. 



The North Carolina Executive Branch 379 

DEPARTMENT OF ENVIRONMENT, HEALTH AND 
NATURAL RESOURCESi 



SECRETARIES 

Name Residence X^cm 

Roy G. Sowers2 Lee 1971 

Charles W. Bradshaw, Jr.3 Wake 1971-1973 

James E. Harrington^ Avery 1973-1976 

George W. Little^ Wake 1976-1977 

Howard N. Lee^ Orange 1977-1981 

Joseph W. Grimsley'7 Wake 1981-1983 

James A. Summer^ Rowan 1984-1985 

S. Thomas Rhodes^ New Hanover 1985-1988 

William W. Cobey, Jr.io Rowan 1989-1993 

Jonathan B. Howes Orange 1993-Present 

^The 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. 

^Sowers was appointed by Governor Scott and served until his resignation effec- 
tive November 30, 1971. 

^Bradshaw was appointed by Governor Scott and served until his resignation in 
1973. 

'^Harrington was appointed on January 5, 1973, by Governor Holshouser to 
replace Bradshaw. He resigned effective February 29, 1976. 

^Little was appointed on March 1, 1976, by Governor Holshouser to replace 
Harrington. 

^Lee was appointed on January 10, 1977, by Governor Hunt to replace Little. He 
resigned effective July 31, 1981. 

■^Grimsley was appointed on August 1, 1981, to replace Lee. He resigned effective 
December 31, 1983. 

^Summers was appointed on January 1, 1984, by Governor Hunt. He resigned 
effective January 5, 1985. 

^Rhodes was appointed January 7, 1985, by Governor Martin to replace 
Grimsley. 

^^Cobey was appointed by Grovernor Martin in January, 1989. 



380 North Carolina Manual 



DEPARTMENT OF HUMAN RESOURCES 



The Department of Human grams emphasize the advancement 
Resources (DHR) creates and of adequate health care, improved 
implements a wide variety of child care and comprehensive ser- 
programs and services that enhance vices that meet the diverse needs of 
the social, health and economic sta- older adults, youth and families, 
tus of individuals and families living Facilities under the auspices of 
in North Carolina. the Department include state psychi- 
The Department's programs and atric hospitals, juvenile training 
services are directed toward the schools, detention centers, schools for 
more than seven million North the deaf and hard of hearing, schools 
Carolinians, including the State's for the blind and visually impaired, 
most vulnerable citizens. The and state-operated treatment centers 
Department oversees more than 500 for substance abusers, 
programs that range from those that The Department accomplishes its 
promote disease prevention and sup- goals of providing availability and 
port the management of disabilities access to human services through 
to those that relieve the impact of cooperative arrangements with fed- 
poverty and encourage self-sufficien- eral, county and municipal agencies, 
cy. Many of the Department's pro- and community organizations. 



Office of the Secretary 

The Secretary for the Department of Human Resources is the 
Department's chief executive officer. Appointed by the Governor, the 
Secretary holds statutory authority to plan and direct its programs and ser- 
vices. The Secretary is supported by 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 staff members who report to the Secretary are the Director 
of Personnel Services, the Director of Legislative and External Affairs, the 
Director of Education, and the Director of Public Affairs. 

The Secretary oversees and manages the Department's array of pro- 
grams and services directed towards special client populations with the 
assistance of key management staff and division/institution directors. Staff 
work closely with federal granting agencies, local governments, the General 
Assembly, the judiciary, and government officials in the executive branch. 

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 service programs. The 
Deputy Secretary reviews proposals for new programs and makes revisions 
to existing programs and services; conducts policy reviews on major initia- 



The North Carolina Executive Branch 381 

tives 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 Division of Facility Services, the 
Division of Medical Assistance, the General Counsel, and the Division of 
Mental Health, Developmental Disabilities and Substance Abuse Services. 
Additionally, the Deputy Secretary has oversight responsibility for the pro- 
grams and services managed by the Assistant Secreteiry for Children, Youth 
and Families, the Assistant Secretar>' 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 Divisions of 
Aging, Services for the Blind, Services for the Deaf and Hard of Hearing, and 
Vocational Rehabilitation within the Department of Human Resources. This 
ofTice coordinates policy involving housing and care options for the aged and 
disabled, long-term care policy, and special education programs. 

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 and Families: The 

Assistant Secretary for Children, Youth and Families is responsible for 
spearheading the Department's efforts to better serve children and families 
in North Carolina. Along with coordinating children and family services 
within DHR, the assistant secretary is helping to develop long-range strate- 
gies for the State to help families become self-sufficient and successful. The 
assistant secretary oversees the Divisions of Child Development, Family 
Development, Social Services, Youth Services, the Office of Rural Health, 
and the Office of Economic Development. Some of the key inititatives in 
these divisions include Smart Start (the Governor's early childhood initia- 
tive). Support Our Students (SOS), welfare reform, Family Resource Centers, 
and an "Education Boot Camp" for at-risk youth. 

Director of Education/Special Assistant for Educational Policy: 

The Director of Education/Special Assistant for Educational Policy is respon- 
sible for education oversight for the Divisions of Aging, Services for the 
Blind, Services for the Deaf and Hard of Hearing and Vocational 
Rehabilitation. The Director of Education's primary function is to assist DHR 
by providing department-wide coordination, review, planning, assistance, 
and oversight to DHR's various educational programs and schools. The 
Director of Education assists the director as liaison with the Department of 
Public Instruction, the UNC system, and, as necessary, with the N.C. 



382 North Carolina Manual 

General Assembly. The director also chairs the Educational Advisory Council 
which is made up of representatives from each division of DHR. 

Office of Citizen Services 

The Office of Citizen Services guides citizens through the human service 
delivery system. Principally, this office provides one-stop shopping in the 
Department of Human Resources by answering questions, cutting through 
red tape and serving as a clearinghouse for information on the range of 
human services available to North Carolina citizens. 

It provides information and referral to the proper department or agency, 
assists with problem resolution of concerns and complaints, and serves as a 
resource for volunteer services. Under its auspices are the Ombudsman 
Program, Information and Referral Service/CARE-LINE, and Volunteer Services. 

The ombudsman is the liaison between citizens and the Department of 
Human Resources and oversees the handling of problems, complaints and 
inquiries related to the services provided through DHR. 

CARE-LINE, an informational and referral service, provides callers with 
information on and referrals to human service agencies within government, 
non-profit agencies, and support groups. 

Through its Volunteer Services component, information and referral is 
available on volunteer recruitment, training, evaluation, and program devel- 
opment. Additionally, it provides technical assistance for the staff in the 
Department of Human Resources. 

Office of Legal Affairs 

General Counsel: General Counsel provides legal advice to the 
Secretary. This office serves as the liaison between the Secretary and the 
Attorney General's Office. In addition, it 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 and monitoring their implementation. In addition, the office partici- 
pates in policy-making decisions as well as in the drafting and review of pro- 
posed 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 state and federal agencies as it 
relates to the Department's involvement with divisions and staff throughout 
the agency. It also assists the Secretary in developing and implementing key 
legislative and policy initiatives. 

This office is also 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 



The North Carolina Executive Branch 383 

director of this office represents the Department by sitting on both the 
Governor's Policy Council and the Council for Services for Special Needs 
Children. 

Office of the Controller 

The GfTice of the Controller is a staff office in the Secretary's Office. The 
controller is responsible to the Assistant Secretary for Budget and 
Management. The Office of the Controller was established to improve 
accountability and increase credibility of departmental accounting opera- 
tions. This office manages all accounting and financial reporting functions, 
including payroll, cash receipts, cash disbursements, accounts receivable, 
accounts payable, fixed assets accounting, cost allocation and reimburse- 
ment, cash management, accounting systems development, internal account- 
ing controls, and resolution of financial audits. The controller is the 
Department's liaison with the Offices of the State Controller and the State 
Auditor. 

Council on Developmental Disabilities 

This 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 this- 
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 Public Affairs 

The Office of Public Affairs advises the Secretary, management team, 
and division directors on communications and public relations issues. The 
office participates at the policy-making level, bringing a global, public per- 
spective to policy issues and discussions. 

This office also serves as the Department's major liaison with the news 
media. It is available to assist with production and dissemination of public 
information including news releases and public service announcements. It 
also provides assistance in planning, editing, and producing both external 
and internal communications such as newsletters, brochures, logos, and spe- 
cial documents. 

The Office of Public Affairs also assists divisions with the development of 
medial strategies to handle special events and crises. 

Office of Rural Health and Resource Development 

The principal mission of the Office of Rural Health and Resource 
Development is to strengthen and reinforce health services in rural areas by 
recruiting physicians and other health professionals to work in medically 
underserved communities. The office helps communities attract and recruit 



384 North Carolina Manual 

health care providers through the National Health Services Corps. 

The Office of Rural Health and Resource Development also supports 
rural hospitals with technical assistance and consultative services. Since its 
founding in 1973, this office has helped organize 60 community-based rural 
health centers and has recruited more than 1,200 doctors £ind other health 
care providers. 

North Carolina was the first state in the nation to recognize the impor- 
tance of serving isolated, rural communities by setting up an office to meet 
the needs of those areas. 

Division of Budget and Analysis 

The Division of Budget and Analysis is a staff division in the Secretary's 
Office. The division director reports to the Assistant Secretary for Budget 
and Management. It addresses the needs of the Department for in-depth, 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 services in the area of purchasing and 
contracts, property management and control, and management of special 
reports. Furthermore, it is responsible for aiding in the development of 
department legislative policy and keeping track of all legislative action which 
affects the department's budget. 

Division of Personnel Services 

The Division of Personnel Services provides consultation and technical 
assistance to employees and managers at all levels of the Department 
through a network of professional personnel staff assigned to division, insti- 
tution, and regional office settings across North Carolina. The Division 
plans, organizes, and administers comprehensive public personnel programs 
in the following areas: employee relations, employee selection and develop- 
ment, compensation, position management, policy and benefits, and safety 
and health. Through a Memorandum of Understanding with the N.C. Office 
of State Personnel, the Division has been given authority to administer most 
personnel programs and services. The Division's staff administers these pro- 
grams for 18,600 state employees and 24,000 local government employees in 
county departments of social services, county and district health depart- 
ments, and area mental health agencies. 



N.C. Health Planning Commission 

Created through the Jeralds-Ezzell-Fletcher Health Care Reform Act of 
1993, the North Carolina Health Planning Commission is charged with 
developing plans under which North Carolina's health care delivery system 
can restructure its financing and delivery of health services to the state's residents. 

The Commission was charged by the General Assembly with developing 
a plan for universal health care coverage and health reform that will improve 



The North Carolina Executive Branch 385 

North Carolinians' access to health care. 

This commission is also reviewing and making recommendations on 
issues that include expanding coverage for the uninsured, controlling the ris- 
ing cost of health care, expanding health services to rural and medically 
underserved areas in the state, improving residents' health status, maintain- 
ing and enhancing quality care, expanding health information and data col- 
lection, and addressing the needs of special populations. 

Established by the law, the Commission's members include the 
Governor, Lieutenant Governor, the Speaker of the House, the President Pro 
Tempore of the Senate, five members of the N.C. House, five members of the 
N.C. Senate, two ex-officio members, the Secretary of Human Resources, and 
the Secretary of Environment, Health and Natural Resources. The 
Commission elected the Governor as its chair and the Speaker and President 
Pro Tempore as its co-vice chairs. 

Division of Aging 

The Division of Aging develops and oversees several programs that 
enhance the lives of the North Carolina's older population. 

This division works with local agencies across the state to promote ser- 
vices that make continued independent living a reality for the growing older 
adult population. Through this division, individuals and families can receive 
information on the availability of home health, adult day care, legal aid and 
other services in their own communities. 

Services are also available to help active older adults find jobs and volun- 
teer programs in which they can continue to contribute to their communities. 

This division also provides information and support services for family 
caregivers and acts as an advocate for North Carolina's older adults with 
regard to the federal, state, and county policies that affect their lives. 

The Division of Aging's central office staff administers its programs 
through 18 area agencies on aging. The area agencies provide grants for ser- 
vices to each county. 

Division of Services for the Blind 

The Division of Services for the Blind provides treatment, rehabilitation, 
education and independent living alternatives. 

At the same time, it promotes the prevention of blindness through educa- 
tional programs. It also encourages the public to get regular vision screen- 
ings and tests for conditions such as glaucoma and cataracts. 

Through the division, funds are provided for North Carolinians who can- 
not afford eye examinations, glasses, or other treatment. 

Blind or visually impaired individuals maintain their employment or find 
new job opportunities through the division's comprehensive vocational reha- 
bilitation program. The program provides counseling, guidance, work evalua- 
tion, and extensive job training and placement. This division also offers ser- 
vices that make it possible for blind people to own and operate businesses. 

To help blind people achieve self-sufTiciency, this division ofTers a variety 
of services that include instruction in Braille, life skills, and mobility train- 
ing through the N.C. Rehabilitation Center for the Blind. 



386 North Carolina Manual 

The Governor Morehead School, the State's residential school for the 
blind, operates under the auspices of the division. Located in Raleigh, the 
school serves children from birth to age 21. Its programs include a preschool 
for children from birth to age five, an academic program for youths ages five 
to 21, and an alternative program for youths ages five to 21 who have disabil- 
ities in addition to blindness. An outreach program is also available to chil- 
dren attending public school. 

Division of Child Development 

The Division of Child Development works to ensure safe and develop- 
mentally appropriate child care for preschool children through licensing, 
monitoring, investigating allegations of abuse and neglect, and regulating 
child care services across the state. 

Technical assistance provided by this division enables child care pro- 
grams to accommodate children with special needs and home child care 
providers to meet safety and other quality standards. This division also 
works hand in hand with communities to establish resources and referral 
agencies that help families access the child care services they need. In addi- 
tion, it also helps low-income, working parents get more affordable child care 
through state and federally funded subsidies. 

The Division of Child Development administers the Smart Start initia- 
tive, a program which ensures that every child has access to high quality 
early childhood education, as well as other important services that guarantee 
that all children come to school healthy and ready to learn. It provides tech- 
nical assistance and support services to the county teams responsible for the 
design and oversight of the system of services for young children and their 
families. Furthermore, it provides funding for the delivery of services, accord- 
ing to the county's approved plan. 

This division is responsible for coordinating the training of personnel 
who work in early childhood programs and for providing information about 
early childhood issues to parents and the general public. It develops policy 
and manages funds for a variety of projects which enable local and regional 
agencies to provide training opportunities and public information. Some of 
these projects include child care resources and referral services, consumer 
education materials, scholarships and stipends for child care teachers, and 
conferences, and workshops for programs which serve special populations. 

Finally, this division provides staff and administrative support to the 
North Carolina Interagency Coordinating Council which assures state-level 
coordination and statewide availability of comprehensive services for chil- 
dren with special needs and their families. This council provides leadership 
to the local interagency coordinating councils which design and coordinate 
services for children with disabilities within 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, 



The North Carolina Executive Branch 387 

Raleigh, and Wilmington, as well as the four BEGINNINGS Family Resource 
Centers (FRCs) located in Raleigh, Wilson, Morganton, and Greensboro. This 
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 for those who are deaf with 
one or more other handicaps, and interpreter services to access local services. 
In addition to making resources and training opportunities available to per- 
sons who are deaf or hard of hearing, the centers also promote public aware- 
ness of their needs. 

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 students with multiple disabilities. (These stu- 
dents have one or more disabilities in addition to their hearing loss.) 

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. 

BEGINNINGS Family Resource Centers provide emotional support and 
access to unbiased information for families with deaf or heard of hearing 
children from birth to 21 years old. These services are also available to deaf 
parents who have children who can hear. The Center's mission is to help par- 
ents feel informed, empowered and supported as they make decisions about 
their child. Additionally, the FRCs provide technical assistance to profession- 
als who work with these families and promote the early identification of 
hearing loss through encouraging the establishment of infant hearing screen- 
ing programs. 

This 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 
older. Such equipment includes TTY 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. 

This division also conducts an interpreter assessment and certification 
program to evaluate the competencies of interpreters so they may assist per- 
sons who are deaf and heard of hearing in a wide range of situations. 

It provides staff and administrative support to the N.C. Council for the 
Deaf and Hard of Hearing. This council is responsible for reviewing existing 
state and local programs for persons who are deaf or hard of hearing and for 
making recommendations to the Department of Human Resources and the 
division for improvements of such programs and/or the need for new pro- 
grams or services. 



388 North Carolina Manual 

Division of Facility Services 

The Division of Facility Services inspects, certifies, registers, and licens- 
es hospitals, nursing homes, mental health facilities, domiciliary care and 
home care programs, and other health facilities and services across the state. 
It also develops a plan to meet that need. 

The division reviews health care facility designs and construction for 
safety and other concerns. It also administers the Health Care Facilities 
Finance Act which authorizes the state Medical Care Commission to issue 
tax-exempt revenue bonds to nonprofit health care facilities. These bonds are 
issued primarily for hospitals to build or expand programs and services in 
their communities. 

The division also oversees the effectiveness of the State's emergency 
medical services (EMS) system, issues permits for all ambulances in North 
Carolina and certifies all local EMS personnel. Other responsibilities include 
inspection and compliance enforcement as well as construction approval for 
local jails. It also regulates charitable solicitations and bingo. 

Division of Family Development 

The Division of Family Development promotes the concept of family-cen- 
tered services and seeks to identify efficient and effective ways to support 
family needs. 

By linking families with private and public agencies and community 
organizations, this division helps families locate services they want and 
need. The Division of Family Development has four sections: (1) Family 
Preservation Services Section is primarily responsible for policy coordination, 
strengthening and expanding family-centered services, and promoting pro- 
gram models that serve families-as a unit. It particularly emphasizes imple- 
mentation and management of the Family Preservation Services Program 
and is responsible for coordinating and integrating services with other divi- 
sions that include Mental Health, Developmental Disabilities and Substance 
Abuse, Youth Services and Social Services, in addition to other state and 
community-based agencies. (2) The Family Support Services Section pro- 
motes the well-being of families and seeks to decrease the need for crisis 
intervention services like foster care by integrating and enhancing existing 
preventive services and establishes new preventive service models. This sec- 
tion also manages the Family Resource Center Program, a comprehensive, 
easily accessible, and centralized way to provide necessary services to chil- 
dren and families. Through Family Resource Centers, public and private 
community resources are mobilized, community leadership is built, and 
efforts are made to assist families in attaining economic self-sufficiency. 
Family Resource Centers offer parenting classes and support groups, literacy 
and job skills training, family counseling, information services and other ser- 
vices. This section also oversees Family Ties, a community-based family out- 
reach, information and leadership strategy to identify low-income families 
with children ages birth to five years old who do not currently receive child 
care or child development services, but who may need such services. (3) The 
Head Start Collaboration Project, a partnership between the state and local 
Head Start programs, facilitates the involvement of Head Start in developing 



The North Carolina Executive Branch 389 

more integrated and comprehensive service delivery system by improving the 
quality of the program and faciUtating access to services by Head Start fami- 
nes. The project also encourages local collaborations between Head Start and 
other programs. (4) The Office of Economic Opportunity administers the fed- 
eral 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 Grants are channeled from the Office of 
Economic Opportunity (OEO) to Community Action Agencies and Limited 
Purpose Agencies located across North Ceirolina 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 Federal Emergency Shelter Grants 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 ingre- 
dient in operating each of the office's programs. 

The Division of Information Resource Management 

The Division of Information Resource Management supports DHR's busi- 
ness and client record-keeping needs using some of the most sophisticated 
computer systems in state government. This division also provides technical 
services to the Department and its related agencies, assuring access to 
department-maintained records for more than 13,000 local computer work- 
stations across the state. It processes and mails more than 18 million client 
documents each year. 

The division serves the Department with policy research and leadership 
by finding efficient ways to meet needs for automated systems as they are 
coordinated among local, state, and federal agencies. 

Division of Medical Assistance 

The Division of Medical Assistance administers the State's Medicaid pro- 
gram which serves more than one million people, including 380,000 children 
living in North Carolina. People eligible to receive Medicaid include the 
elderly, blind and disabled, as well as children and caregivers. Pregnant 
women whose income and assets are inadequate to meet the cost of health 
care are also eligible. 

Medicaid, jointly administered and financed by federal, state, and county 
governments, pays for comprehensive array of services, including doctor vis- 
its, hospital stays, prescription drugs, eye care, dental care, nursing home, 
and in-home services. Eligibility is determined by the county departments of 
social services. 

This division manages the Community Alternatives Program which helps 
the elderly and disabled remain in their homes by providing needed health 
and personal care services. Without such services, many frail and severely 
disabled citizens and their families would have to opt for nursing home care. 

Women's access to early prenatal care and preventive health care for low 
birthweight infants is improved through the national award-winning Baby 
Love Program. Begun in 1987, this program is aimed at reducing North 



390 North Carolina Manual 

Carolina's infant death rate and is run jointly by the Division of Information 
Resource Management and the Division of Maternal and Child Health. 

Carolina Access establishes stable doctor-patient relationships for those 
receiving Medicaid and reduces unnecessary hospital stays and emergency 
room visits. This program connects people with primary care doctors who 
manage their patient care needs. 

Health Check is an outreach program aimed at improving the quality of 
health care among low-income children. It guarantees eligible children regu- 
lar comprehensive health exams that include necessary immunizations, 
screenings and follow-up care. 

Division of Mental Health, Developmental Disabilities and 

Substance Abuse Services 

North Carolinians affected by mental illness, drug or alcohol addiction or a 
developmental disability can receive assistance and support from the Division 
of Mental Health, Developmental Disabilities and Substance Abuse Services. 

This division operates four regional psychiatric hospitals across the state 
for those who need inpatient psychiatric services and oversees a network of 
mental health programs in communities across the state. 

Nursing care for the elderly and other people affected by serious medical 
and mental problems is available at a Special Care Center overseen by this 
division. Through three educational institutions, it also responds to the special 
needs of children with serious emotional and behavioral disorders. 

This division plans and provides residential services for people with men- 
tal retardation and other developmental disabilities. Five regional mental 
retardation centers provide a wide range of services to people with severe 
and profound mental retardation and other related disabilities. 

For those individuals challenged by the physical and mental effects of 
alcohol and other drugs, the Division of Mental Health, 
Developmental Disabitlities and Substance Abuse Services oversees residen- 
tial and outpatient treatment at three alcohol and drug abuse treatment centers. 

This division also funds and regulates a variety of outpatient, day treat- 
ment, residential, and educational services available to people through area 
mental health centers in the state's 100 counties. These community care pro- 
grams are locally operated by area centers or nonprofit organizations and are 
overrseen by the State. 

They help people in the communities where they live, instead of depend- 
ing on institutionalization. Services include local crisis services, partial hos- 
pitalization, detoxification services, residential treatment group homes, 
halfway house, vocational workshops, family respite, educational programs 
and other services needed by those with mental, developmental, and addic- 
tive disabilities. 

Division of Social Services 

The Division of Social Services assists individuals and families with 
immediate economic and social support. Its principal mission is to strengthen 



The North Carolina Executive Branch 391 

families, protect the welfare of children and the elderly, and help individuals 
in need move toward self-sufficiency. 

This division oversees the administration of public assistance programs 
that include Aid to Families with Dependent Children (AFDC), AFDC- 
Emergency Assistance, AFDC-Unemployment Parent, food stamps, low 
income energy assistance, state-county special assistance, and foster care 
and adoption care assistance payments. 

This division also offers: (1) child support enforcement that ensures chil- 
dren receive financial support from absent parents; (2) foster care services 
which place children in private homes, group homes and other designated 
living arrangements; (3) adoption services that place children with perma- 
nent caring families; (4) protective services that identify youngsters who are 
at risk for abuse or neglect and provides help to assure them safety; and (5) 
adolescent parenting programs that acquaint young mothers with pregnancy 
prevention methods and responsible behavior to reduce the incidence of fur- 
ther pregnancies. 

Disadvantaged young people between the ages of 16 and 21 can get infor- 
mation and enroll in the Federal Job Corps Recruitment Program through 
the Division of Social Services. The Job Corps allows young people to receive 
skills training, basic education and counseling. 

Other programs overseen by this division include the Job Opportunities 
and Basic Skills Training (JOBS) Program, the Food Stamps Employment 
and Training Program, and the Food Stamps Workfare Program. 

Created in 1988 under the Family Support Act, JOBS enables AFDC 
recipients to obtain the education and training needed to find and retain 
emplojonent. Through the Food Stamps Employment and Training Program 
and the Food Stamps Workfare Program, people receiving food stamps can 
get job training leading to work in addition to finding or retaining employment. 

In an arrangement with the Social Security Administration, the 
Disability Determination Services Section makes medical decisions on dis- 
ability applicants' requests for Social Security Disability and Supplemental 
Security Income. 

Division of Vocational Rehabilitation Services 

The Division Vocational Rehabilitation Services oversees a wide range of 
services that include evaluations and retraining for suitable job placement. 
Vocational rehabilitation counselors work with business and community 
agencies to help them prepare their work sites to accomodate employees who 
have disabilities. 

Counselors also work extensively with clients to identify skills and abili- 
ties and to determine how they can be translated into satisfactory and 
rewarding work. Counselors design packages of rehabilitation services that 
may include clinical treatment, personal counseling, and educational prepar- 
tion to help clients become competitive in the job market, this division also 
provides services that encourage and reinforce independent living for the disabled. 



392 North Carolina Manual 

Division of Youth Services 

The Division of Youth Services is responsible for programs aimed at pro- 
viding comprehensive care for troubled youth between the ages of 7 and 17. 

This division offers funding and technical assistance to community pro- 
grams through Community-Based Alternatives (CBA), Governor's One-On- 
One programs and noninstitutional residential services such as wilderness 
camps and multipurpose juvenile homes. 

To help keep juvenile offenders out of adult jails, the Division of Youth 
Services oversees secure detention centers, and provides intensive therapeu- 
tic services at five state-operated training schools. 

More than 390 locally-run programs aimed at prevention and interven- 
tion are funded each year through its CBA program. These state-local part- 
nerships serve more than 28,000 youths across the state. 

More than 50 Governor's One-on-One programs help children who are in 
trouble with the law. In the programs, caring adult volunteers are paired 
with the youth and serve as positive adult role models. 

Young people ages eight to 15 with behavioral problems or who have had 
encounters with the law are helped through Eckerd Therapeutic Wilderness 
Camps. The camps provide an alternative setting for troubled youths to learn 
necessary life skills. 

While it emphasizes prevention and early intervention, young people who 
continue to get into trouble with the law sometimes need more intensive 
help. When all community resources have proven ineffective, repeat offend- 
ers ages 10 to 17 are often placed at one of its five training schools by order of 
the courts. The schools are located across the state, allowing juvenile offend- 
ers to remain close to home while they receive treatment, education and 
rehabilitative services. 

This division also operates seven detention centers and monitors four 
county-operated secure facilities around the state. The centers are an alter- 
native to adult JEiils for juvenile offenders awaiting trial and other short-term stays. 

Boards and Commissions 

ADATC-Black Mountain - Human Rights Committee 

ADATC-Butner - Human Rights Committee 

AD ATC- Greenville - Human Rights Committee 

Advisory Committee on Family Centered Services 

Advisory Committee on Rehabilitation Centers for the Physically Disabled 

Black Mountain Center - Human Rights Alz. Commission 

Black Mountain Center - Human Rights DD Commission 

Broughton Hospital - Human Rights Committee 

C. A. Dillon Community Advisory Council 

Caswell Center - Human Rights Committee 

Cherry Hospital - Human Rights Committee 

Child Day Care Commission 

Commission for the Blind 

Commission for Mental Health, Developmental Disabilities, and Substance 

Abuse Services 
Community of Butner Planning Commission 



The North Carolina Executive Branch 393 

Consumer and Advocacy Advisory Committee for the Blind 

Developmental Disabilities Council 

Dobbs School Community Advisory Council 

Domiciliary Care Issues, Task Force 

Dorothea Dix - Hospital Human Rights Committee 

Drug Use Review Board 

Emergency Medical Services Advisory Council 

Governor's Advisory Council on Aging 

Governor's Council on Alcohol and Other Drug Abuse 

Governor Morehead School Board of Directors 

Holocaust Council 

Home and Community Care Advisory Committee 

Independent Living Rehabilitation Advisory Committee 

Interagency Coordinating Council for the Handicapped 

Interagency Coordinating Council for the Homeless 

John Umstead Hospital - Human Rights Committee 

Juvenile Evaluation Centers Community Advisory Council 

Medical Care Advisory Committee 

Medical Care Commission 

Mental Health Planning Council 

Murdoch Center - Human Rights Committee 

N.C. Council for the Deaf and Hard of Hearing 

N.C. Special Care Center - Human Rights Committee 

O'Berry Center - Human Rights Committee 

Penalty Review Committee 

Pitt County Nursing Home Community Advisory Committee 

Professional Advisory Committee 

Samarkand Manor Community Advisory Council 

State Health Coordinating Council 

Stonewall Jackson Community Advisory Council 

Vocational Rehabilitation Business and Consumer Advisory Council 

Western Carolina Center - Human Rights Commission 

Whitaker School - Human Rights Committee 

Wright School - Human Rights Committee 

For Further Information 

(919) 733-4534 

Careline: (800) 662-7030 



394 



North Carolina Manual 




C Robin Britt^ Sr> 

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. 

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. 

Organiza 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: N.C. Partnership for Children; Health Planning 
Commission; Federal EBT Task Force; Human Services Automation Policy and 
Planning Council (HAPP); Information Resource Management Commission (IRMC). 

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 395 

DEPARTMENT OF HUMAN RESOURCESi 



SECRETARIES 

Name Residence Term 

Lenox D. Baker2 Durham 1972-1973 

David T. Flaherty3 Wake 1973-1976 

Phillip J. Kirk, Jr.4 Rowan 1976-1977 

Sarah T. MorrowS Guilford 1977-1985 

Lucy H. Bode6 Wake 1985 

Phillip J. Kirk, Jr.^ Rowan 1985-1987 

PaulKayye8 Wake 1987 

David T. Flaherty9 Wake 1987-1993 

C. Robin Britt, Sr Guilford 1993-Present 

iThe Executive Organization Act of 1971 created the "Department of Human 
Resources" with provisions for a "Secretary" appointed by the governor. 

^Baker was appointed by Governor Scott. 

^Flaherty was appointed on January 5, 1973, by Governor Holshouser to replace 
Baker. He resigned in April, 1976. 

'^Kirk was appointed on April 6, 1976, by Governor Holshouser to replace 
Flaherty. 

^Morrow was appointed on January 10, 1977, by Governor Hunt to replace Kirk. 

^Bode was appointed effective January 1, 1985 and served until Kirk was 
appointed. 

"^Kirk was appointed January 7, 1985, by Governor Martin. He resigned effective 
March 2, 1987 to become Chief of Staff to the Governor. 

^Kayye served as interim secretary between March 2 and April 8, 1987. 

^Flaherty was appointed April 8, 1987 to replace Kirk. 



396 North Carolina Manual 



The Department of Reveniie 



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 T£ix 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 397 

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- 

tration 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 t£ix was adopted each biennium. 

were enacted. A new unit was creat- Permanent legislation, however, was 

ed to administer the sales tax and enacted in 1939 which did not 

the administration of the beverage require action by subsequent ses- 

tax was placed in the license tax sions of the General Assembly unless 

unit. The Highway Patrol was the existing act was amended. This 

transferred from the Highway act, as amended, remained in effect 

Department to the N.C. Revenue until 1989 when major changes were 

Department and assigned to the made by the General Assembly. As 

Motor Vehicle Bureau. The gasoline enacted, the permanent Revenue Act 



398 North Carolina Manual 

of 1939 included a use tax to comple- in size from almost 800 permanent 

ment 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 



The North Carolina Executive Branch 399 

during the 1924 Special Session, and employers against amounts shown 

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, this 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, with the 

approval to construct a new building introduction of online systems, 20 

in 1986. Construction of the new data entry terminals were added, 

building at the corner of Polk and Furthermore, 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 and License and Excise Tax 

Department 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 within 
data from monthly returns. In 1949 a North Carolina had remote termi- 
larger unit was added to the Income nals for accessing central computer 
Tax Division. It provided mailing files of the Department and commu- 
lists of individual income taxpayers nicating via electronic mail. In 1985, 
from which forms were mailed to tax- an automated withholding and indi- 
payers the following year, provided a vidual income tax accounts receivable 
register used to locate returns which system was implemented, followed in 
were then put in "stack" files which 1986 by a remittance processing unit 
did not require hand alphabetizing, which collects data from tax remit- 
and aided enforcement of individual tances and transfers it to the 
income tax collections by matching Revenue computer center for pro- 
amounts of income reported by cessing. During 1986, the Motor 



400 North Carolina Manual 

Fuels, Corporate Income and Department of Revenue is to collect 

Franchise, and Inheritance Tax revenue for the State's General and 

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 ^^^^l^,.^.'/ ^,%^' license & Excise 

1 i. ^1-17 I.- J T 4. ^-ui Tax; Individual Income, Inheritance, 

later the Franchise and Intangibles _ ^ ' ... o /-i-^.^ m a i tt i 

rr^ t>»- • • J- -J J -^^ xi. Intangibles & Gift Tax; Ad Valorem 

Tax Division was divided, with the ^ jtv/to. -nim ttj 

r 1 • i p i- 1 • • J Tax; and Motor ruels lax. Under 

franchise tax function being assigned m /-. i • x j • • • 

.-, r^ XT 1 Tax Compliance are two divisions: 

to the Corporate Income and r\rr- -c^ • x- j r^rr- 

_, , . m T^- • • 1 -XT XI Office Examinations and Office 

Franchise Tax Division, and with the o • u-ur* x- -ij 

.,,.-,,' ... Services. Field Operations includes 

intangibles tax function remaining in ^^^ Criminal Investigations Division 

the Intangibles Tax Division. This ^^^ ^^^^ ^^^^^^1 divisions to cover 

Division also provided staff to the ^^^^ geographic areas of the state. 

State Board of Assessment until Under Legal & Administrative 

1967, when the Board was assigned a Services there are three separate divi- 

staff independent of the Department g^o^s: Administrative Services, 

of Revenue. Accounting, and Returns Processing. 

Following a constitutional xhe Tax Research Division, Controlled 

amendment, legislation was enacted Substance Tax Division, Management 

in 1971 to reorganize state govern- Information Services, and the 

ment. In that year, the Department Security, Legislative Liaison, 

of Tax Research became a division of Personnel, Internal Audit and Public 

the Department of Revenue, the staff Affairs offices come under the Office 

of the State Board of Assessment of the Secretary and Deputy 

was returned to the Department as Secretary. 

the Ad Valorem Tax Division, and The 1992 reorganization placed 

the Commissioner of Revenue like functions together, eliminating 

became the Secretary of Revenue. duplication and streamlining 

The Secretary is appointed by processes. The Department is now 

the Governor, and serves ex officio as organized under the leadership of 

a member of the Tax Review Board the Secretary, the Deputy Secretary 

in matters pertaining to corporate and four Assistant Secretaries — for 

allocation formulas only, and as a Tax Administration, Tax 

member of the Local Government Compliance, Field Operations, and 

Commission. Legal & Administrative Services, 

The principal duty of the respectively. 



The North Carolina Executive Branch 401 

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 
wdth 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. 



402 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 t£ix 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 403 

Public Affairs Office: The Public Affairs office is responsible for both 
internal and external communications for the Department. This 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 Q>mniissions 

Property Tax Commission 
Tax Review Board 

For Further Information 

(919) 715-0397 

Income Tax Questions (919) 733-4684 



404 



North Carolina Manual 




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; EngHsh and Social Studies Teacher, Enfield Grade School, 1953-55. 

Boards and Commissions 

Chair, East Carolina University Board of Visitors; Member and Immediate Past 
Chair, Board of Directors of the NC Institute of Political Leadership; Past President, 
N.C. World Trade Association; Past President, Friends of Hope; Former 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. 

Personal Information 

Member and pianist for the choir of Eastern Pines Church of Christ, Greenville. 



The North Carolina Executive Branch 405 

DEPARTMENT OF RE\TNUEi 

SECRETARIES 

Name Residence Term 

Alston D. Watts2 Iredell 1921-1923 

Rufus A. Doughton3 Alleghany 1923-1929 

Allen J. Maxwell^ Wake 1929-1942 

Edwin M.Gills Wake 1942-1949 

Eugene G. Shaw6 Guilford 1949-1957 

James S. Currie^ Wake 1957-1961 

William A. JohnsonS Harnett 1961-1964 

Lewis Sneed High9 Cumberland 1964-1965 

Ivie L. ClaytonlO Wake 1965-1971 

Gilmer Andrew Jones, Jr.n Wake 1972-1973 

Mark H. Coblei2 Guilford 1973-1977 

Mark G. Lynchl3 Wake 1977-1985 

Helen Ann Powers^^ Madison 1985-1990 

Betsy Y. Justuses Bertie 1990-1993 

Janice H. Faulkner Pitt 1993-Present 

^The 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". 

^Watts was appointed by Governor Morrison and served until his resignation on 
January 29, 1923. 

^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. 

'^Maxwell was appointed by Governor Gardner to replace Doughton and served 
following subsequent reappointments until June, 1942. 

^Gill was appointed by Governor Broughton to replace Maxwell and served fol- 
lowing his reappointment until his resignation effective July 1, 1949. 

^Shaw was appointed by Governor Scott to replace Gill and served following his 
reappointment until his resignation in August, 1957. 

"^Currie was appointed by Governor Hodges to replace Shaw and served until his 
resignation in January, 1961. 

^Johnson was appointed by Governor Sanford to replace Currie and served until 
April, 1964, when he was appointed to the Superior Court. 

^High was appointed by Governor Sanford to replace Johnson and served until 
his resignation in January, 1965. 

^^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. 

11 Jones was appointed by Governor Scott to replace Clayton and continued serv- 
ing until Coble took office. 



406 North Carolina Manual 

l^Coble was appointed on June 8, 1973, by Governor Holshouser to replace Jones. 
i^Lynch was appointed on January 10, 1977, to replace Coble. 
i^Powers was appointed January 7, 1985, by Grovernor Martin to replace Lynch. 
iSJustus was appointed May 1, 1990 by Governor Martin to replace Powers. 



The North Carouna Executive Branch 407 



DEPARTMENT OF TRANSPORTATION 



The North Carolina Department The North Carolina Department 

of Transportation (NCDOT) of Transportation is headed by a sec- 

provides a system to transport retary appointed by the governor, 

people and goods effectively, effi- Legislation passed in 1973 desig- 

ciently and safely while rendering nates the secretary as an ex-officio 

the highest level 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, ferry ser- 

North Carolina Department of vice, mass transit and rail, as well 

Transportation and Highway Safety as highways and motor vehicles, 

by the Executive Organization Act of are the responsibility of the 

1971. This act also created the North Department. The Board of 

Carolina Board of Transportation. In Transportation, the chief policy- 

1979, the term "Highway Safety" was making body of the Department, 

dropped from the Department's awards all highway contracts and 

name when the Highway Patrol sets transportation priorities. The 

Division was transferred to the staff executes the initiatives of the 

newly created Department of Crime board and is responsible for day-to- 

Control and Public Safety. day 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 system in the country. It utilizes both state and 
federal funds in its road improvement program and has a long history of ser- 
vice 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 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 North Carolina may have begun in 1879 with 



408 North Carolina Manual 

the 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 numbers of people acknowl- 
edged 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 North Carolina. 
They organized the North Carolina Road Improvement Association and pro- 
moted 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 
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 this 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 North Carolina. 

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 
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 of 
Chapel Hill into the association of good roads advocates. 



The North Carolina Executive Branch 409 

Miss Berry quickly became an uncompromising force in the campaign. 
She pushed for estabHshment 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. 

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 North Carolina into a dark period. 
The gloomy economy coupled with the assumption of the State's 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." As revenues continued to rise, stretch- 
es of a new highway were constructed. 

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 



410 North Carolina Manual I 

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. North Carolina was leading 
the nation in school bus operations, and ranked second in the number of 
small, family farms, but 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 (TIP). The TIP is a planned and programmed sched- 
ule of the state's major highway construction that balances projected con- 
struction 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 
North Carolina's transportation needs have been expanded to include avia- 
tion 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 
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 411 

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. In 1989, after much debate, the legisla- 
ture 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" 
system of four-lane roads across the state. When this system is completed, 
nearly all North Carolinians will live within 10 miles of a four-lane highway. 
The trust fund program also will 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 govern- 
ments 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 
more than 77,400 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 14,375 miles of primary highways (U.S. and N.C. Interstate) 
and 63,028 miles of rural secondary roads. 

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. 

To address those needs. Governor Jim Hunt unveiled a bold new trans- 
portation plan in 1994. Titled Transportation 2001, the program accelerates 
construction and calls for completing key economic development highways; it 
eliminates the $260 million highway maintenance backlog; and will develop 
and implement a master plan for public transportation. The program is a 
comprehensive effort to complete entire corridors, not isolated portions of 
highways, and ensure that necessary repairs are made and the highways 
maintained. 

The Division of Motor Vehicles 

The Division of Motor Vehicles (DMV) has more direct contact with citi- 
zens than any other state agency. This 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. 



412 North Carolina Manual 

The Division of Motor Vehicles is comprised of six major sections which 
are expanding rapidly to better serve the needs of North Carolinians. 

The 1980s and early 1990s brought some major changes to the Driver 
License Section. All 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. 
Six "express" drivers license offices in vEirious locations are opened to provide 
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. 

In 1994, The DMV Enforcement Section began the "Operation Rest 
Assured" program to monitor rest areas. This program reminds travelers on 
North Carolina highways that DMV Enforcement Officers, along with other 
law enforcement agencies, have joined in an intense effort to increase patrols 
and make rest areas safer. 

The Enforcement Section also headed up a joint effort - known as 
"Operation Blue Flame" - by the DMV, the Internal Revenue Service, and the 
state departments of Revenue and Agriculture to stop fuel-tax evasion. North 
Carolina is the first state to be involved in this type of joint effort. In addi- 
tion, the Enforcement Section operates a computer system that enables the 
DMV to keep statewide vehicle theft reports. 

The Collision Reports Section is the official storehouse for state accident 
reports. All law enforcement agencies in North Carolina file reportable acci- 
dents with this section. 

The International Registration Plan Section is responsible for issuing 
license plates to truckers that travel out-of-state. They also audit mileage 
and monitor for appropriate insurance coverage. 

The School Bus and Traffic Safety Section was recognized as the nation's 
most outstanding state agency teaching defensive driving in 1991. This 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 continue to grow, DMV strives to serve the 
public in a courteous, efficient and professional manner. 

The Division of Aviation 

North Carolina, the birthplace of modern aviation on 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 



The North Carolina Executive Branch 413 

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. In 1989, it 
began administering federal funds for almost all airports 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 75 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. 



Public Transportation 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, established in 1975, coordinates programs and ini- 
tiatives that support public transit in both urban and rural communities, as 
well as county-wide human service transportation and transit services for 
the elderly and disabled. The staff helps provide training for transit drivers 
using a mobile, self-contained employee development center called "THE 
BUS." This 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 
important to help meet the demands of commuter traffic in larger metropoli- 
tan areas. In 1993, the Public Transportation Division helped to initiate the 
State's regional commuter bus service in the Triangle Area. 

Rail Division 

The State's rail system is another vital part of the transportation net- 
work for both passenger rail service and freight shipment. Responsibility for 
railroad activities began under the Public Transportation Division in 1990. 
In 1994, the Rail Division became a separate office. This 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" train. 



414 North Carolina Manual 

Ferry Division 

The Ferry Division is the second largest state-owoied and operated ferry 
system in the United States and one of the oldest services provided by 
NCDOT. The State began subsidizing a few private ferry shuttle routes in 
1934, and in 1947, the state transportation department started operating 
regular ferry service. Given division status in 1974, the Ferry Division owns 
and operates 24 vessels at 13 locations along North Carolina's coast. It also 
maintains an in-house shipyard at Manns Harbor for all repair work. 

The 13 operations support seven ferry routes providing year-round trans- 
portation for pedestrians, cyclists, and vehicle passengers. Thanks to a thriv- 
ing tourist economy as well as regular commuters, about 800,000 vehicles 
and two million passengers are transported each year. 

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 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 follow. 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 
North Carolina citizens have the best transportation choices available. The 
program provides technical assistance and funding to cities and towns 
throughout the state for safe and desirable bicycle and pedestrian facilities as 
well as the most comprehensive education and training opportunities in bicycle 
and pedestrian safety. The majority of communities with populations exceed- 
ing 2,000 have become participants in these programs 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 cit- 
izens 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 volunteer 
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 avoid- 
ance 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. 



The North Carolina Executive Branch 415 

Scenic Byways Program 

The NCDOT designated 31 Scenic Byways to give visitors and residents 
a chance to explore some of North Carolina's finest less-traveled routes. The 
routes encompass North Carolina history, geography, and culture, by taking 
motorists along cascading waterfalls, rich marshlands, sheer cliffs, outdoor 
dramas, aquariums, museums, old battlegrounds, and state parks. Varying 
in length from three to 173 miles, the designated scenic byways cover more 
than 1,500 miles of North Carolina roadways. 

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 to groups promoting the concept of safety in 
work zones. By constantly seeking new and innovative methods of communi- 
cating the safety message across the state, we fully expect to see fewer acci- 
dents in our work zones. 

Boards and Commissions 

Governor's Highway Beautification Council 

North Carolina Air Cargo Airport Authority Board of Directors 

North Carolina Aeronautics Council 

North Carolina Bicycle Committee 

North Carolina Board of Transportation 

North Carolina Rail Council 

For Further Information 

(919) 733-4101 



416 




North Carolina Manual 

* Rector Samiiel Hiuiit, I II 
Secretary of Transportation 

Early Years 

Born September, 1, 1941, in Burlington, 
Alamance County, NC, to Rector S. Hunt, 
Jr. and Mildred Rachel Wester Hunt. 

Educational Background 

Williams High School, 1955-59; East 
Carolina University, A.B. - Social Studies 
and Political Science, 1965. 

Professional Background 

Secretary, North Carolina Department of 
Transportation, 1993-1995; President of 
Hunt Electric Supply Company; President 
of Atlas Electirc Corporation. 

Political Activities 

Member, North Carolina House of Representatives, 1985-92. 

Orga n iza tions 

Member, National Association of Electircal Distributors; Member, Affiliated I 
Distributors; Past Member, National Executive Committee of Affiliated Distributors; 
Past Director, Alamance Chamber of Commerce. 

Boards and Commissions 

PastPast Member, Allen Bradley National Advisory Board; Past Member, Cutler 
Hammer National Advisory Board; Past Board Member, Burlington YMCA; Board 
Member, First Union National Bank, Burlington. 

Major Legislative Transportation Involvement 

Appointed to the Highway Study Commission, which recommended the Highway 
Trust Fund legislation, during the 1987 legislative session; Sponsored the 65 mph leg- 
islation; 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, which included the Subcommittees on Highways, Airports, Railways, 
Waterways, Utilities, Water, Waste Water, and Solid Waste, 1989-90; 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. Child: Sam. Member, First Christian 
United Church of Christ. 



* Resigned August 18, 1995. 



The North Carolina Executive Branch 



417 



r 



f 



* Garlaiid B> Garrett, Jn 

Secretary of Transportation 

Early Years 

Born in Danville, Virginia, November 6, 
1939, to Garland Garrett, Sr. and Dorothy 
Fuqua Garrett. 

Educational Background 

UNC-Wilmington, Associate of Arts, 1963; 
Virginia Polytechnic Institute, B.S.- 
Business Administration, 1965. 

Professional Background 

Appointed Secretary of the Department of 

Transportation, September 1995; Deputy 

Secretary for Highways, February 1993 - 

September 1995; Vice President, Cape Fear Music Co., Inc., Wilmington, NC, 1967- 

1993; Ernst & Ernst, CPA Firm, Charlotte, NC, 1965-67. 




M¥ifilifMMiiii^A: 



fS^XE 



Orga n iza tions 

Vice President, Amusement and Music Operators of America Association, Chicago, 
Illinois, 3-year term ending 1994; Board of Directors, Amusement and Music 
Operators of America Association, 3-year term ending 1991; Second Vice President, 
NC Amusement Machine Association; Chairman, Legislative Committee; Life 
Member Alpha Kappa Psi, Business Professional Fraternity; Member, Wilmington 
Chamber of Commerce. 

Boards and Commissions 

Member, UNC-Wilmington, Board of Trustees; Member, UNC-Wilmington Alumni 
Board, 1978; North Carolina Board of Transportation, 1976-1981. 

Personal Information 

Married, Nancy Snead of Danville, Virginia, July 1960. Children: Garland Garrett, 
III, born August 8, 1964; and Dr. Gregory Garrett, born March 18, 1968. Member and 
Board of Deacons (1979-82), First Baptist Church, Wilmington, NC. 



*Sworn in August 21, 1995. 



418 North Carolina Manual 

DEPARTMENT OF TRANSPORTATION! 

SECRETARIES 

Name Residence Term 

Fred M. Mills, Jr.2 Anson 1971-1973 

Bruce A. Lentz3 Wake 1973-1974 

TroyA. Doby4 1974-1975 

Jacob F. Alexander, Jr.5 Rowan 1975-1976 

G. Perry Greene, Sr.6 Watauga 1976-1977 

Thomas W. Bradshaw, Jr7 Wake 1977-1981 

William R. Roberson, Jr.8 Beaufort 1981-1985 

James E. Harrington^ Wake 1985-1989 

Thomas J. HarrelsonlO Brunswick 1989-1993 

R. Samuel Hunt, HI Alamance 1993-1995 

Garland Garrett Wake 1995-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. 

2Mills was appointed by Governor Scott. 

^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. 

^Doby was appointed on July 1, 1974, by Governor Holshouser to replace Lentz. 
He resigned April 25, 1975. 

^Alexander was appointed on April 25, 1975, by Governor Holshouser to replace 
Doby. He resigned effective April 20, 1976. 

^Greene was appointed on April 20, 1976, by Governor Holshouser to replace 
Alexander. 

"^Bradshaw was appointed on January 10, 1977, by Governor Hunt to replace 
Greene. He resigned effective June 30, 1981. 

^Roberson was appointed July 1, 1981, to replace Bradshaw. 

^Harrington was appointed January 7, 1985, by Governor Martin to replace 
Roberson. 

i^Harrelson was appointed by Governor Martin on December 15, 1989 to replace 
Harrington. 



The North Carolina Executive Branch 419 



OfflCE OF THE STATE CONTROLLER 



In 1986, the Office of the State capacity, as specified in G.S. 143B- 
Controller (OSC) was created by 426, the State Controller prescribes 
the General Assembly. The agen- policies and procedures which support 
cy's head, the State Controller, is the NCAS and are incorporated into 
appointed by the Governor and con- the system to accomplish financial 
firmed by the General Assembly for a reporting and management for the 
seven-year term. Farris W. Womack state's financial entity. The purpose 
was North Carolina's first State of the NCAS is to maintain, for the 
Controller and served from February benefit of central and agency man- 
1987 to 1988, and Fred Wesley agers, timely, reliable, accurate, con- 
Talton served from 1988 to 1993. sistent, and complete financial, bud- 
Edward Renfrow was sworn in July getary, and management information 
21 1993. 0^ ^h® ^-C- State government entity. 
The State Controller is the chief Three major divisions comprise 
financial officer of the state and is the Office of the State Controller: 
responsible for the executive man- Accounting, Information Resource 
agement of the North Carolina Management, and State Information 
Accounting System (NCAS). In this Processing Services (SIPS). 

Accounting 

Financial Systems Division: The Financial Systems Division 
designs, develops, implements, and maintains the policies, procedures, and 
software that form the North Carolina Accounting System (NCAS). It pro- 
vides agency implementation, functional and technical systems administra- 
tion, client support, and maintenance of the NCAS. The NCAS utilizes Dun 
& Bradstreet Services, Inc. MARS/G "E" series financial software and inlcud- 
es the following modules: General Ledger, Budgetary Control, Purchasing, 
Inventory, Accounts Payable, Accounts Receivable, Fixed Assets, Project 
Tracking, and Financial Controller. The NCAS provides information access 
through the use of the mainframe-based on-line real-time inquiries and DBS 
Information Expert report generator, and client/server-based SmartStream 
Decision Support System. 

North Carolina Accounting System Division: The North Carolina 
Accounting System Division is responsible for the day-to-day and procedural 
control of agencies operating within the NCAS environment. The Division 
establishes and provides systems control over the NCAS to ensure that all 
financial transactions are entered, balanced, and reconciled. This division 
also researches technical accounting standards and incorporates these stan- 
dards into financial reporting on the State entity and provides daily, month- 
ly, quarterly, and annual reporting on the financial condition and results of 



420 North Carolina Manual 

operations of the State entity. Another major responsibility involves the 
administration of the statewide cash management program which includes 
statewide appropriation and allotment control. In addition, it operates a central 
pajo-oll system, a Flexible Benefit Program, and also provides tax compli- 
ance, cost allocation, and disbursing services to agencies. 



Information Resource Management 

The OSC's Information Resource Management (IRM) Division was estab- 
lished to provide leadership and 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 technol- 
ogy resources and with respect to long-range IRM planning. 

State Information Processing Services 

The mission of the State Information Processing Services (SIPS) Division 
is to help state and local government entities achieve success by providing 
responsive, competitive, and state-of-the-art information management and 
communications services that fulfill operational requirements, meet legislat- 
ed responsibilities, and provide business solutions. 

This division operates through four information management service areas: 

State Telecommunications Services (STS) plans and provides 
statewide voice, visual, and data telecommunications services and systems to 
state agencies, universities, community colleges, city and county govern- 
ments, and public schools. These systems and services include high speed 
data, interactive video, telephone systems, and wireless radio services. 

The State Computer Center (SCO operates a central, high-perfor- 
mance, cost-shared computer center 24 hours-a-day, 365 days-a-year to serve 
the general state government. The SCC provides a secure repository for the 
state's critical data resources, as well as hardware support, technical sup- 
port, and data communications support. 

Systems Development Services (SDS) provides a full-range of automat- 
ed applications, acquisition, transfer, development, maintenance, and end- 
user services for mainframe, LAN, or microcomputer platforms in dedicated 
or cooperative processing modes. SDS primarily supports state government 
agencies that do not have their own systems staff or cannot support addition- 
al requirements. 

Customer Services (CS) provides an enhanced customer service func- 
tion, a proactive marketing program, and enables SIPS to gain a better 
understanding of client plans and needs. CS functions include the Customer 
Support Center, Systems Integration Services, Training Services, and 
Business Development. 



The North Carolina Executive Branch 
Edward Renfrew 




State Controller 

Early Years 

Born in Johnston County, September 17, 
1940, to Donnie T. and Illamae (Lewis) 
Renfrow. 

Educational Background 

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 
University through Johnston Technical ^ 
College. 

Professional Background 

Accountant, Edward Renfrow & Co. (1962-1980). 

Political Activities 

State Controller (July 21, 1993-Present); Special Advisor To The Governor Of North 
Carolina (January 1993-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. 

Orga n 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. 

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; 



422 North Carolina Manual 

Governor's Commission on Public School Finance, 1978; N.C. Criminal Justice 
Education and Training Standards Commission, 1978-80. 

Military Service 

Served N.C. National Guard, Specialist 4th Class, 1962-66; Presently an Honorary Member. 

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 423 



STATE BOARD OF ELECTIONS 



The framework of North enacted a requirement that all 100 
Carolina's election laws was counties in North Carolina adopt 'full 
constructed in 1901; the time' registration offices. This accom- 
statute governing primary elections plishment provided, for the first 
dates from 1916. North Carolina's time, that all counties operate an 
version of the Australian Ballot was office for the specific purpose of prop- 
enacted in 1929; the Corrupt er administration of the elections 
Practices Act was adopted in 1931. laws as well as the registration of 
In 1933 there was substantial revi- voters. Under this new system, indi- 
sion of our state's elections laws, and viduals would be able to register only 
in July 1994, the North Carolina on three successive Saturdays every 
General Assembly adopted N.C. other year. 

General Statute Article 7A. This leg- In 1971 a significant change was 

islation places North Carolina in implemented when North Carolina 

compliance with the National Voter put into effect what is generally 

Registration Act of 1993 (NVRA). called the 'Uniform Municipal 

The 1965 General Assembly Election Code.' Simply put, this act 

authorized a seven member commis- guaranteed for the first time that a 

sion to study and analyze the State's person need only register one time at 

election procedures and mandated one place to qualify to vote in any 

that the commission prepare and election in which he was eligible to 

draft legislation necessary to recodify vote. Previously, it was necessary 

the chapter of the General Statutes that a citizen be registered on as 

dealing with elections laws in the many as five different sets of books, 

interest of clarity and simplification. The State Board of Elections was 

Alex K. Brock was appointed as the declared an independent agency by 

first Executive Secretary-Director of the General Assembly in 1974. The 

the State Board of Elections and North Carolina State Board of 

served from 1965 until 1993. The Elections is said to be one of the most 

changes recommended by the 1965 authoritative boards of its kind in 

commission were adopted, almost the country. As an independent state 

without alteration by the 1967 agency, it does not come under the 

General Assembly. jurisdiction of any other department 

After the 1967 recodification, the headed by an elected official. 
State enacted North Carolina's 'uni- All members on the State Board 
form loose leaf registration system' of Elections are appointed by the 
which replaced the old unmanage- Governor for a term of four years, 
able bound book system. Along with Law prescribes that not more than 
these new sophistications came the three of the board's five members be 
important audit trail to ensure the from the same political party; there- 
voters that elections were virtually fore, making it the only agency 
free from fraud. where a bipartisan membership is 

In 1969 the General Assembly mandated by law. 



424 North Carolina Manual 

The State Board appoints all 100 may appeal a decision rendered by a 

county boards of elections which are county board of elections to the State 

comprised of three members; both Board of Elections for review or further 

major political parties must be repre- proceedings. If sufficient evidence of 

sented. Each county board has a fraud, election irregularities, or vio- 

supervisor of elections who serves as lations is discovered through public 

the administrative head of the board hearings, the Board may order a new 

of elections and oversees the election ^^ ^^^1 ^^ 3 ^^1 1 

process in each county. The supervi- ti,« Ta«„ a 4. \i 4. • ^i. 

sor is selected by nomination to the ., J^! AT. ^^f ^^f.^f^.^^^ '^' 

State Board's Executive Secretary- f^""' ^^ ""^ I f ^^"°^^ ''''^'^'" 

Director who must approve both the J'°^ '^^^*'' abstract and return 

hiring and dismissal of each supervisor. forms certificates of election, and 

It is the duty of the State Board o^"®^ forms to be used for the con- 

of Elections to conduct annual train- ^^^^ ^^ primaries and elections, 

ing sessions for members and super- Ballots, which the law requires the 

visors of county boards of elections to ^^^^® Board to furnish, must also be 

prepare them to conduct training Pointed and distributed to counties, 

sessions within their respective ^^ voting equipment must be certi- 

counties for precinct officials. These ^^^^ ^y ^^® State Board, 

training sessions must be held once ^^ is also the responsibility of the 

during each odd-numbered year Board to recommend to the Governor 

before the municipal election held in ^^^ ^^^ General Assembly of North 

the county; once during each even- Carolina any necessary and/or advis- 

numbered year before the first parti- ^^^^ changes to the conduct and 

san primary; and once during each administration of primaries and elections, 

even-numbered year after the parti- With the addition of the National 

san primaries but before the general Voter Registration Act of 1993 and 

election. N.C. Gen. Stat. Article 7A, state leg- 

The State Board supervises all islation that places N.C. in compli- 

elections conducted in any county, ^^c® ^i^^ the NVRA, the State 

special district or municipality located Board of Elections has been charged 

in North Carolina. There are 100 ^^^h various other duties and 

counties, more than 500 municipali- responsibilities. In 1994 the State 

ties and approximately 1200 special Board successfully initiated mail-in 

districts in North Carolina, voter registration; a procedure that 

Supervision of all elections includes simplified the voter registration 

the requirement for the State Board Process for all North Carolinians, 

to promulgate rules and regulations, January of 1995, marked the begin- 

setting forth the procedures for pro- ^^^S of the State Board's implemen- 

cessing protests and complaints tation and administration of agency 

resulting either before or after an voter registration. This program 

election. A protest must first be filed allows individuals to register to vote 

with the county board of elections of when receiving various agency ser- 

the county in which the protest origi- vices. In order to maintain new regis- 

nates after which a public hearing is tration opportunities, forms were 

conducted and a decision rendered, developed and provided to more than 

Any party to the original complaint ^^^ designated voter registration 

sites throughout the State. These 



The North Carolina Executive Branch 425 

forms can be completed at a desig- responsible for receiving registration 

nated voter registration location or applications from political action 

mailed to the appropriate county committees, political parties, candi- 

board of elections. In order to sue- dates and all others involved in mak- 

cessfuUy administer the NVRA, the ing contributions to or making 

State Board of Elections may pro- expenditures on behalf of political 

mulgate necessary rules and regula- parties and candidates, 
tions. Periodic reports as prescribed by 

The Board of Elections also statute must be filed with the 

administers the Campaign Reporting Campaign Reporting Division after 

Act. Enacted into law and effective which they must be audited. Late fil- 

July 1, 1974, this law limits contri- ers are assessed a daily penalty, 

butions and expenditures to and by After five days, if the report is still 

political parties and political action delinquent, the office submits all rel- 

committees. evant material to the appropriate 

The Campaign Reporting Division District Attorney who is required to 

of the State Board of Elections is prosecute the violator. 



Boards and Commissions 
N.C. State Board of Elections 

For Further Information 

(919) 733-7173 



426 



North Carolina Manual 




Masonry Contractors, 1976-82, 



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 
Weil Enterprises, 1983-90; Oz Bartlett, Inc., 



Honors and Awards 

Goldsboro's "Young Man of the Year" Award, 1981; J. Albert House Award, 1977; God 
and Country Award, 1968. 

Personal Information 

Married, Mary Elizabeth Howard, May 21, 1995. Member, First Christian Church of 
Goldsboro. 



The North Carolina Executive Branch 427 

THE OEFICE 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 

tem 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 ^-^^ -^ ^^^^^ hours, leave, holidays, 

lump sum to the agencies, and the ^^^.^^ entrance requirements. They 

agency heads allocated it for operat- ^ , •/..,. /. n 

. "^ . , . V, , set classifications for all positions, 

mg expenses and salaries. Each , .,. .,,... , ,. 

. . o '. 1 grouped positions with similar duties 

agency set pay rates tor its workers *' % ^ , ,. , , 

until 1907 when the Legislature together, and estabhshed minimum 

elected to take over this responsibili- ^^^ maximum salary ranges, 

ty, including acting on pay increases Salaries were to be determined by 

for individual employees. In 1921 the the agency head. The Executive 

Legislature turned this function over Budget Act was also passed about 

to the Governor and the Council of this time which allocated money to 

State, resulting in the establishment agencies for specific purposes. 

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. 

From 1939 until 1965 the Merit System Council and the State Personnel 
Department operated independently. In 1965 the Legislature passed a new 



428 North Carolina Manual 

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 (OSP) purpose as an agency of state gov- 
ernment is to serve the interests of state employees; to manage the programs 
established 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 recommendations and input from the 
Personnel Roundtable which is made up of all agency and university person- 
nel officers. The Roundtable meets at least three times a year to review and 
discuss new and/or revised personnel policies. Additionally, numerous 
statewide committees representing various disciplines have been established 
to concentrate on specific subject areas. A public hearing is also held before 
the State Personnel Commission (SPC) meetings for further input and dis- 
cussion of policies before they are adopted. 

OSP exercises its powers under the State Personnel Act (General Statute 
126). It is the administrative arm of the State Personnel Commission, a 
seven member group appointed by the Governor. The SPC is responsible for 
establishing policies and procedures governing personnel programs and 
employment practices for approximately 83,700 employees covered by the 
State Personnel Act and over 34,200 local government employees in Federal 
grant-in-aid programs that are subject to the Federal Standards for a Merit 
System of Personnel Administration. 

OSF*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 and advises the Governor, elected and appointed 
department heads and university chancellors on personnel policies. The 
Director also participates in Cabinet and Executive Cabinet meetings, and 
meets with legislative members, professional groups and employee groups in 
order to promote a system of sound personnel management practices. 
Furthermore, the Director serves in national professional organizations as 
the representative of North Carolina State Government. 

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 



The North Carolina Executive Branch 429 

existing policies and procedures based on acceptable principles of personnel 
administration and by applying the best methods established by government 
and private industry. Under the direction of the State Personnel Director, a 
staff of approximately 110 carry out the services and programs of the Office 
of State Personnel. 

The Director's Office provides guidance on the policies, guidelines, pro- 
cedures, and programs of the personnel system for legislators, managers, 
supervisors and agency personnel staff. Other responsibilities include the 
monitoring of personnel problems within state government, federal laws and 
policies affecting personnel administration, and ratified bills of the N.C. 
General Assembly, as well as the managing of the Performance Management 
Programs. 

Policy development, interpretation and coordination of all personnel poli- 
cies which impact human resource functions are provided for state agencies 
and universities through this office. Coordination and action on substantially 
equivalent personnel system requests from local governments are also provided. 

Administrative Services Division administers and revises policies per- 
taining to salary, leave, holidays and other conditions of employment. The 
Personnel Management Information System (PMIS), an on-line data base 
system, provides a means for generating various management reports. The 
division also provides OSP's systematic administration and budget control 
and manages the Credentials Verification Program. Temporary Solutions, 
which provides short-term employees for clerical and professional needs, is 
also managed through this division. 

Employee and Management Development Division provides a vari- 
ety of training programs including management and supervisory skills devel- 
opment, computer technology and the Pre-Retriement Employees' Planning 
Program (PREPARE). The division serves as the central training agency and 
works collaboratively with department and university training coordinators 
to develop training systems. Its goals are to provide every state agency with 
the capacity to train middle managers and supervisors to competently man- 
age the performance of their employees and to plan, develop and implement 
a professional skills program which addresses employee development needs 
common to all state government departments and universities. 

The division also coordinates and manages the Governor's Awards for 
Excellence, service awards and statewide employee and management publi- 
cations. The division's media section provides consultation and some techni- 
cal assistance with media production upon request and as time permits. 

Employee Risk Control Services, through it Workplace Requirements 
Program and its State Government Workers' Compensation Program, pro- 
vides staff services for the development, implementation and monitoring of 
agency participation in programs involving workplace safety and health and 
workers' compensation. It also provides technical assistance to agencies and 
education for employees through other resources in state government. Two 



430 North Carolina Manual 

m^or division objectives are to eliminate exposure to unsafe conditions and 
work practices and to return employees to productive employment in a con- 
sistent and cost effective manner when injuries or illnesses do occur on the 
job. The Unemployment Insurance Cost Control and NC Flex, the statewide 
flexible benefits program, are also administered by this division. 

The Employee Services Division acts as administrator to the State 
Personnel Commission by preparing and managing the case docket of con- 
tested employee grievance cases received from the Office of Administrative 
Hearings, advising the commission and preparing final decisions and orders 
in such cases. The division also advises management and employees on the 
grievance procedures process, Wage and Hour Law and regarding statutes 
affecting reemplojonent. This division is concerned with statutory priorities 
for veterans' preference, internal promotion, the return of policy makers to 
career service and reduction in force. 

The Employee Services Director serves as OSP's liaison with the 
Legislature. The liaison tracks personnel and benefits legislation which may 
affect state employees. The division director also keeps OS? management 
apprised of legislative impacts and progress. 

The State Employees' Assistance Program, which is a comprehensive 
management support system focusing on resolving personal issues that 
impact adversely on overall productivity, is also housed here. 

Equal Opportunity Services strives to help state government make 
maximum use of all its human resources; create a bias free environment; 
assist state government to develop a personnel system which provides each 
employee individual opportunities; and to create a work force that reflects 
North Carolina's citizenry using specialized program services as a catalyst 
for change. The division also assesses state agencies and universities to 
determine the effectiveness of Equal Employment Opportunity programs in 
attracting, retaining and developing a diverse work force at all occupational 
levels. Specialized programs include the EEO Institute, the Positive 
Emphasis Program, the Model Cooperative Education Program, the New 
Horizons Program, Sexual Harassment Training, and Together We Make it 
Work. 

Position Management Division has the primary responsibility of 
establishing and maintaining North Carolina's position classification and 
pay for approximately 83,600 positions subject to the State Personnel Act. 
The objectives of this program are to ensure equitable and competitive classi- 
fication and pay relationships for positions based upon the type and level of 
work and labor market demands; also, to provide an effective operational 
response to management for the organization and job needs of the State's 
programs and services to the public. The division provides consultation to 
mangers, supervisors and personnel professionals in the areas of postions 
and organizational design, class concepts and the classification process. It is 
also responsible for analyzing, consulting and negotiating individual position 
action requests submitted from a variety of agencies and universities 
statewide. 

For Further Information 

(919) 733-7108 

Employee Assistance Program (800) 543-7327 



The North Carolina Executive Branch 



431 



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. 

Organiza tions 

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 Awards 

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. 

Personal Information 

Married, Carolyn McKay Penny. Child: Ronald G. Penny, Jr. 



432 North Carolina Manual 

OFHCE 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 



1995 STATE PERSONNEL COMMISSION 

Thomas Sobol, Chair Black Mountain, N.C. 

George Allison Hillsborough, N.C. 

F. Douglas Biddy Durham, N.C. 

Angela Massengill Raleigh, N.C. 

Maria Spaulding Raleigh, N.C. 

Judy Stephenson Garner, N.C. 

Allen Wellons Smithfield, N.C. 



The North Carolina Executive Branch 433 



THE OmCE OF ADMINISTRATIVE HEARINGS 



During the 1985 Session of the Assembly reflected the legislative 

General Assembly, House Bill opinion that state administrative 

52, ratified as Chapter 746, agencies too often had exceeded the 

rewrote the State Administrative powers given them by the General 

Procedure Act (APA). This act is now Assembly by adopting rules not 

codified as Chapter 150B of the authorized by statute and by impos- 

General Statutes. Enacted in 1974, ing through their rules criminal 

the Administrative Procedure Act penalties not legislatively autho- 

(then Chapter 150A) was intended to rized. The action also demonstrated 

safeguard citizens' interests by that merging in a single administra- 

establishing for most state adminis- tive agency the roles of investigator, 

trative agencies uniform procedures prosecutor, and judge of a contested 

for: case (as Chapter 150A had done) is 

,.. , X- X 11 /.-i- 1 fundamentally unjust. Thus the 

(1) adopting, centrally filing, and ^ , . ui t-j. ^ j. ^^ 

i^f- 1 • ^1-1 General Assembly sought to curtail 

publishing their rules \. i. j.- ^^ j 

.„. f , 1 1 .,. i i 1 agency powers substantially and 

(2) hearing and deciding contested , , . v • .. , v 

, ^ ^, " . placed the exercise of those powers 

cases before those agencies /v-v • i? j. j ^ .- r. 

,„.,..,, . r (which are, in fact, a delegation of 

(3 judicially reviewing agency i • i ,• .-, -. ^ j , 

J . . "^ & to .7 legislative authority) under closer 

decisions. ,. , •^- ^i 

scrutiny by rewriting the 

The Administrative Procedure Act Administrative Procedures Act sig- 

is not the source of agencies' rule mak- nificantly. 

ing and decision-making powers; rather. The Director is appointed to a 

it restricts and regularizes the exercise four-year term by the Chief Justice 

of powers granted by the numerous and serves as Chief Administrative 

statutes that create those agencies and Law Judge. The Director appoints 

define their functions or direct them to the Administrative Law Judges who 

carry out specified activities. may be removed only for just cause 

The 1985 action of the General 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 the following sections: 

The Administrative Staff: The Administrative Staff performs ministe- 
rial activities involved in personnel, purchasing, pajrroU, budget, and public 
relations. 



434 North Carolina Manual 

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 under G.S. 150B. 

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 Staff: The Rules Staff performs administrative and technical 
work in the compilation, production and publication of the North Carolina 
Register and the North Carolina Administrative Code. 

The Civil Rights Staff: The Civil Rights Division conducts investiga- 
tions and seeks resolutions of discrimination cases deferred by the Equal 
Employment Opportunity Commission. 

The Hearings Division 

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. Subsequently, Hawaii, Iowa, Maryland, North Dakota, South 
Carolina, South Dakota, Texas, Wisconsin and Wyoming have created cen- 
tral panels and agencies. 

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 initiate a "contested case" by fil- 
ing a Petition for a Contested Case Hearing. There are twenty-five primary 
state departments and thirty-eight occupational licensing 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 gov- 
ernment (not county or municipal governments). 

The Rules Division 

Article 2A of the Administrative Procedure Act (G.S. 150B) provides for a 
uniform procedure for the adoption of rules as well as for the publication of 
the North Carolina Register and the North Carolina Administrative Code. 
With minor exceptions found in Artile 1, all state agencies are required to fol- 
low the uniform procedure for conducting public rule-making hearings, 



The North Carolina Executive Branch 435 

adopting proposed rules, and filing the adopted rules for codification. The 
requirement for public notification of agency rule-making hearings is accom- 
plished through a notice published in the North Carolina Register. This reg- 
ister is published semi-monthly and contains information relating to agency, 
executive, legislative, and judicial actions required by or affecting Chapter 
150B, including all notices relating to and text of proposed administrative 
rules and amendments. After formal adoption and approval by the Rules 
Review Commission, the rule is then filed for codification in the North 
Carolina Administrative Code. This code is a compilation and index of the 
administrative rules of 26 state departments and 41 occupational Ucensing boards. 

Civil Rights Division 

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 
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 this division is to investigate and attempt to resolve by nego- 
tiation allegations of discrimination against state employees or applicants for 
state employment. 

For Further Information 

(919) 733-2698 



436 



North Carolina Manual 



CHAPTER THREE 



The Legislative Branch 



AN HISTORICAL OVERVIEW 

The Colonial Experience 



The General Assembly is the 
oldest governmental body in 
North Carolina. According to 
tradition, a "legislative assembly of 
free holders" met for the first time 
around 1666; however, there is no 
proof that this assembly actually 
met. Provisions for a representative 
assembly in Proprietary North 
Carolina can be traced to the 
Concessions and Agreements adopt- 
ed in 1665 and did not exist prior to 
this document. The Concessions and 
Agreement called for an unicameral 
body composed of the governor, his 
council, and "twelve men . . . chosen 
annually" to sit as a legislature. This 
system of representation prevailed 
until 1670 when Albemarle County 
was divided into three smaller units 
called "precincts". Berkeley Precinct, 
Carteret Precinct and Shaftsbury 
Precinct were apparently each 
allowed five representatives. Around 
1682, four new precincts were creat- 
ed from the original three as the pop- 
ulation grew and moved westward. 
The number of representatives for 
new precincts was usually two, 
although some were granted more. 
Beginning with the Assembly of 
1723, several of the larger, more 
important towns were allowed to 
elect their own representatives. 
Edenton was the first town granted 
this privilege, followed by Bath, New 
Bern, Wilmington, Brunswick, 



Halifax, Campbellton (now named 
Fayetteville), Salisbury, Hillsborough, 
and Tarborough. Around 1735 
Albemarle and Bath Counties ceased 
to exist and the geographical units 
known as "precincts" became counties. 

The unicameral form of the legis- 
lature continued until around 1697 
when a bicameral form was adopted. 
The "upper house" was composed of 
the governor, or chief executive at 
the time, and his council. The "lower 
house," or House of Burgesses, was 
made up of representatives elected 
from the various precincts. The lower 
house could adopt its own rules of 
procedure and elect its own speaker 
and other officers; however, it could 
meet only when called into session 
by the governor and only at a loca- 
tion designated by him. Because the 
lower house held "the power of the 
purse" and was responsible for pay- 
ing the salary of the governor, regu- 
lar meetings of the legislature were 
held at least once during a biennium, 
and usually more often. Throughout 
the colonial period, this control over 
the finances was a source of contro- 
versy between the governor and the 
lower house. The House of Burgesses 
used this power effectively to 
increase its influence and prestige. 

Early Statehood 

When our first state constitution 
was adopted in 1776, the power 



The North Carolina Legislative Branch 437 

struggle between the Governor and of senators based on the population 
his council on the one hand, and the of each individual district. The mem- 
Colonial Assembly on the other, had bership of the House of Commons 
a profound effect on the structure of was set at 120 with representation 
the new government. The legislature based on the population of the coun- 
became the primary organ of govern- ty. The more populous counties had 
ment with control over all other more representatives; however, each 
areas of government. Its most impor- county was entitled to at least one 
tant power was its authority to elect representative. Provisions were 
all officials in the executive and judi- made to adjust representation in 
cial branches. A joint ballot of the both houses. These adjustments 
members of the state Senate and the would be based on the federal census 
state House of Commons was held to taken every ten years. The responsi- 
elect the various officials. On many bility for adjusting districts and rep- 
occasions substantial amounts of resentation was given to the General 
time were used for these elections Assembly. 

when a majority of votes was not t ioco .-. j.- 

, , "^ T 1 X mi /- X ^^ 1868, a new constitution was 

received by one candidate. The first , ^ i , , , 

, 1 ^ ,v. J . adopted and several changes were 

break from this procedure came in , , ^ 

1835 when a constitutional amend- ^^^« regarding the legislative 

ment changed the method for elect- branch. The bicameral structure was 

ing the governor. Instead of being retained, but the name of the lower 

elected by the legislature for a one- house was changed from the "House 

year term, the governor was to be of Commons" to the "House of 

elected by the people for a two-year Representatives." Also the unfair 

term. It would, however, be another "property qualification" provision for 

thirty-three years before the remain- holding office was eliminated. For 

ing executive and judicial officials the first time since the Colonial 

would be elected by the people p^^^^^^ ^he office of lieutenant gover- 
Provisions for this were incorporated j mi. t i. 

• X XT- /^ i.-i. J.- r-innn rior appeared. The lieutenant gover- 
into the Constitution of 1868. , . , , , , , , 

nor, elected by the people, would 

The Constitution of 1776 provid- gerve as president of the Senate, as 

ed for a bicameral legislature with ^3^ ^g ^eing the next in line should 

members of both houses elected by i.u- u j. j.-l. 

,-, 1 mi X 1 1 something happen to the governor, 

the people. The Senate had one rep- t^ . . , , ^ , 

resentative from each county, while ^^^^'^'^^^ were also made for the 

the House of Commons had two electing of a president pro tempore. 

representatives from each county '^^^ president pro tempore, elected 

and one from each of the towns given ^^^^ among the members of the 

representative status in the constitu- Senate by his peers, would take over 

tion. This format continued until in the absence of the president of the 

1835 when several changes to the Senate. 

legislative branch were approved by In the year 1966, the House of 
the people. Membership in the Representatives adopted a district 
Senate was set at 50 with senators representation similar to that of the 
elected from districts. The state was Senate. Although the number of rep- 
divided into districts with the number resentatives stayed at 120, every 



438 North Carolina Manual 

county was no longer guaranteed a assemblies varied as much as the 

representative. Instead, the require- location. If the structure was big 

ment to maintain a balance among enough to hold the legislators, it 

districts in the constituent represen- ^ould be used. Courthouses, schools, 

tative ratio resulted in counties with ^^^ ^^^^ j^^^l residences served as 

lower populations losing their resi- ^i^^^i^^ive buildings." Tryon Palace 

dent representative. The district for- . °_ _ ^., o^^ ^ . /•• ^ 

mat has left nearly one-third of the ^^ ^ew Bern was the State s first 

counties with no resident legislator, ^apitol building. It was completed in 

1771, but was abandoned during the 

. Revolutionary War because of its 

^"^^""5:^1!"!°^ exposure to enemy attack. When 

Raleigh was established as the capi- 



Legislature 



Prior to the establishment of ^^^^ provisions were made for the 

Raleigh in 1792 as the permanent i. i.- p • i i. i. 

.. ° „-^ ,, ^ ,. ^^, ^ - construction of a simple, two-story 

capital of North Carolina, the seat of , . , ^ ^ , mi • .l 

. J r i. i. brick state house. This structure was 

government was moved from town to 

town with each new General Assembly, completed m 1796 and served as the 

This was also true during the colonial home for the General Assembly until 

period. Halifax, Hillsborough, it was destroyed by fire in 1831. A 

Fayetteville, New Bern, Smithfield, new capitol building was authorized 

and Tarborough all shared the distinc- to be built and was completed in 

tion of serving as the seat of govern- 1840. The first session to convene in 

ment between 1776 and 1794. The the Capitol was on November 16, 

Assembly of 1794-95 was the first leg- ^^^^ Construction began on the cur- 

islature to meet in Raleigh. ^^^^ legislative building in early 

The buildings used as meeting 1961 and on February 6, 1963, the 

places for the colonial and general first session was convened. 



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. 



The North Carolina Legislative Branch 439 

Election of Legislators: Legislators in both the Senate and House of 
Representatives are elected every two years in the even numbered years 
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 20 standing committees in the Senate and 21 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 
house to serve on the Commission. The Commission employs a Legislative 
Administrative Of^cer who serves as chief staff officer for the Commission. 
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 



440 North Carolina Manual 

Assembly in a variety of areas including budget preparation and administration, 
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 £ire 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 analyzes 
of subjects affecting and affected by state law and government when request- 
ed 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 
sister state agencies and private citizens. 

For Further Information 

(919) 733-4111 




The North Carolina Legislative Branch 

George Rubin Hall, In ^ 
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. CJeneral 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: (Jeorge Rubin, 
III, W. Gregory, and Carolyn Elizabeth. Member, Longview Baptist Church, Raleigh, 
N.C. 



442 North Carolina Manual 

THE 1995 GENERAL ASSEMBLY 

Convening of the Session: The 1995 General Assembly, the State's 
141st, was convened in the respective chambers of the Senate and House of 
Representatives in the Legislative Building in Raleigh at noon on January 
25, 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 1995 
General Assembly convened on Wednesday, January 25, 1995, as directed by 
law and did not adjourn until Saturday, July 29, 1995, 184 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 101 different women 
have served in the General Assembly since that time. There are 28 women in 
the 1995 General Assembly — six in the Senate and 22 in the House of 
Representatives. 

Former Senator Lura S. Tally, a Democrat from Cumberland County, 
and Former Representative Jo Graham Foster, a Democrat from 
Mecklenburg County, still hold the record for 11 terms in the General 
Assembly. Former Senator Tally served five terms in the House and six in 
the Senate; Former Representative Foster served all of her terms in the 
House. Closing in on this record is Senator Betsy L. Cochrane, a Republican 
from Davie County. She is in her eighth term of service to the General 
Assembly having served from 1981-88 in the House and 1989-96 in the 
Senate. Representative Ruth M. Easterling, a Democrat form Mecklenburg 
County, is also close to breaking the record and is serving her tenth term in 
the General Assembly. 

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 



( 



The North Carolina Legislative Branch 443 

century was Henry E. Frye from Guilford County who served in the House of 
Representatives in 1969. Twenty-three African-Americans have been elected 
to serve in the 1995 legislature - six in the Senate and 17 in the House of 
Representatives. 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 1995 Senate is R. L. Martin (11/8/18), a Democrat 
from Pitt County. The youngest member of the 1995 Senate is Daniel Page 
(10/13/66), a Republican from Harnett County. 

The oldest member of the 1995 House of Representatives is Ruth 
Easterling (12/26/10), a Democrat from Mecklenburg County. The youngest 
member of the 1995 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 ten in 
the Senate. The Representative with the longest tenure is Liston B. Ramsey, 
a Democrat from Madison County, serving his seventeenth 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 eigh- 
teen terms in the House. 

Salaries of Legislators 

The base salary of a member of the 1995 General Assembly is $13,951.00 
per year with a monthly expense allowance of $559.00. Officers of the respec- 
tive houses get higher base salaries and expense allowances. The Speaker of 
the House has a base salary of $38,151.00 per year and a monthly expense 
allowance of $1,413.00. The President Pro Tempore of the Senate receives 
$38,151.00 and $1,413.00 respectively; the Senate Deputy Pro Tempore 
receives $21,739.00 and $836.00, respectively; the Speaker Pro Tempore of 
the House receives $21,739.00 and $836.00 respectively; and the Majority 
and Minority Leaders of each house receive $17,048.00 and $666.00 respec- 
tively. During the legislative session and when they are carrying out the 
state's business, all legislators receive a subsistence allowance of $104.00 a 
day and a travel allowance of $.29 per mile. 



444 North Carolina Manual 



1995 NORTH CAROLINA SENATE 

Officers 

President (Lieutenant Governor) Dennis A. Wicker 

President Pro Tempore Marc Basnight 

Deputy President Pro Tempore R. C. Soles 

Majority Leader J. Richard Conder 

Minority Leader Betsy L. Cochrane 

Majority Whip Frank W. Ballance, Jr. 

Minority Whip Austin M. Allran 

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 

Ballantine, Patrick J. (R) 4th New Hanover Wilmington 

Basnight, Marc 1st Dare Manteo 

Blackmon, John Gerald (R) 35th Mecklenburg Charlotte 

Carpenter, Robert (R) 42nd Macon Franklin 

Carrington, John H (R) 36th Wake Raleigh 

Clark, R. L. (R) 28th Buncombe Asheville 

Cochrane, Betsy L. (R) 38th Davie Advance 

Conder, J. Richard 17th Richmond Rockingham 

Cooper, Roy A. Ill 10th Nash Rocky Mount 

Dannelly, Charlie Smith 33rd Mecklenburg Charlotte 

Davis, Dennis H. (R) 37th Cleveland Lattimore 

East, Don W. (R) 12th Surry Pilot Mountain 

Edwards C. R 41st Cumberland Fayetteville 

Forrester, James (R) 39th Gaston Stanly 

Foxx, Virginia (R) 12th Rockingham Banner Elk 

Gulley, Wilbur P 13th Durham Durham 

Hartsell, Fletcher L., Jr. (R) 22nd Cabarrus Concord 

Hobbs, Fred M 16th Orange Southern Pines 

Horton, Hamilton C, Jr. (R) 20th Forsyth Winston-Salem 

Hoyle, David 25th Gaston Gastonia 

Jordan, Luther Henry, Jr 7th New Hanover Wilmington 

Kerr, John H., Ill 8th Wayne Goldsboro 

Kincaid, Donald R. (R) 27th Caldwell Lenoir 

Ledbetter, Jesse Ingram (R) 28th Buncombe Asheville 

Little, Teena S. (R) 16th Orange Southern Pines 



The North Carolina Legislative Branch 445 

Name District Covuitv Address 

Lucas, Jeanne H 13th Durham Durham 

Martin, R. L 6th Pitt Bethel 

Martin, William N 31st Guilford Greensboro 

McDaniel, James Mark (R) 20th Forsyth Pfafftown 

McKoy, Henry Edward (R) 14th Wake Raleigh 

Odom, Thomas L., Sr 34th Mecklenburg Charlotte 

Page, Daniel E. (R) 15th Harnette Coats 

Parnell, David 30th Robeson Parkton 

Perdue, Beverly 3rd Craven New Bern 

Plexico, Clark 29th Henderson Hendersonville 

Plyler, Aaron W 17th Union Monroe 

Rand, Anthony E 24th Cumberland Fayetteville 

Sawyer, Thomas B., Sr. (R) 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 

Warren, Ed N 9th Pitt Greenville 

Webster, Hugh (R) 21st Caswell Yanceyville 

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 

1793-94 William Lenoir Wilkes 



446 North Carolina Manual 

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 Greorge Outlaw Bertie 

1814 Greorge 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 



The North Carolina Legislative Branch 447 

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. 



448 North Carolina Manual 

Assembly Senator Covuitv 

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 MarcBasnight Dare 



The North Carolina Legislative Branch 449 



450 



North Carolina Manual 




I 



The North Carolina Legislative Branch 451 



Marc Basnight 



President Pro Tempore 

(Democrat - Dare County) 

First Senatorial District - 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 owTier and President of Basnight Construction Company, Manteo. 

Political Activities 

Member, N.C. Senate, 1985-86, 1987-88, 1989-90, 1991-92, 1993-1994, 1995-present. 

Orga n iza tions 

32-Degree Mason; Member of the York Rite; Scottish Rite and Sudan Temple; First 
Flight Society. 

Boards and Commissions 

North Carolina Board of Transportation, representing Camden, Chowan, Currituck, 
Dare, Pasquotank and Perquimans Counties, 1977-83. 

Honors and A wards 

Paul Harris Fellow; 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, | r. 

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. 

Political Activities 

Member, N.C. Senate, 1977-Present (ten terms); N.C. House of Representatives, 1969, 
1971, 1973-74, 1975-76. 

Organiza tions 

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, U.N.C.-Wilmington; Former Trustee of the consolidated University of 
N.C. Medical Malpractice Study Commission; Former Member Governor's Crime 
Commission. 

Military Service 

Served, US Army Reserve, 1957-67 (Captain). 

Personal Information 

Member, Tabor City Baptist Church. 

COMMITTEE ASSIGNMENTS 

Co-Chair: Pensions and Retirement/Insurance/State Personnel. 
Vice Chair: Finance; Judiciary I/Constitution. 

Member: Commerce; Local Government and Regional Affairs; and Rules and 
Operation of the Senate. 



The North Carolina Legislative Branch 



453 




f ames 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. 

Political Activities 

Member, N.C. Senate, 1985-present; Commissioner, Richmond County, 1962-84 
(Chair, 1964-1984); President, National Association of Counties, 1981-82; President, 
N.C. Association of County Commissioners, 1972-1973. 

Orga n iza tions 

Hamlet Rotary Club (President, 1963); Rockingham Rotary Club (President, 1970). 

Boards and Commissions 

Former chair, Richmond County Industrial Development Commission, 1970-82. 

Military Service 

Served, US Air Force, 1951-55; Reserves, 1955-59. 

Honors and A warc/s 

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 

Co-Chair: Pensions and Retirement/Insurance/State Personnel. 

Vice Chair: Appropriations; Appropriations on Education/Higher Education; Base 

Budget. 
Member: Commerce; Education/Higher Education; Finance, and Local Government 

and Regional Affairs. 



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North Carolina Manual 




Betsy Lane Cochrane 

Minority Leader 

(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. 

Political Activities 

Member, N.C. Senate 1989-; Senate Minority Leader, 1995-96; Senate Minority 
Leader, 1994-95; 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. 

Organ iza tions 

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, 1981-1992; 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, 1989-95; Commission on Workforce Preparedness; 
Advisory Budget Commission; Meredith College Board of Advisors, 1994-present; 
Chairman, Legislative Ethics Committee, 1991; Commission on Libraries and 
Information Services; Governor's Advocacy Council on Children and Youth; 
Committee for a Competitive North Carolina. 



The North Carolina Legislative Branch 455 

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 
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; Commencement Speaker, Rowan Community 
College, 1993; Commencement Speaker, Meredith College, 1995. 

Personal Information 

Married, Joe Kenneth Cochrane. Children: Lisa and Craig. Member, KnoUwood 
Baptist Church; President, Women's WMU; Nominating Committee; Sunday School 
Teacher, 1966-77. 

COMMITTEE ASSIGNMENTS 

Vice Chair: Commerce. 

Ranking Minority: Agriculture/Environment/Natural Resources; Appropriations on 

Natural and Economic Resources. 
Member: Appropriations; Base Budget; Children and Human Resources; and 

Education/Higher Education. 



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North Carolina Manual 




Frank W« Ballance, In 

Majority Whip 

(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. 

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. 

Organizations 

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. 

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 
Deacons. 

COMMITTEE ASSIGNMENTS 

Chair: Appropriations on Justice and Public Safety. 
Vice-Chair: Judiciary II/Election Laws. 

Member: Appropriations; Base Budget; Commerce; Local Government and Regional 
Affairs; Ways and Means. 



The North Carolina Legislative Branch 



457 



Austin Murphy Allran 

Minority Whip 

(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. 




Attorney at Law. 



Professional Background 



Political Activities 



Member, N.C. Senate 1987-88, 1989-90, 1991-92, 1993-94; Senate Minority Whip, 
1995-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; Catawba County Republican Men's Forum. 

Orga n iza tions 

N.C. State Bar; Catawba County Bar Association; Hickory Museum of Art; Catawba 
County Historical Association; Duke University Alumni Association; Hickory 
Landmarks Society; Friends of the Chapel, Duke University. 

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 

Vice Chair: Education/Higher Education. 

Ranking Minority Member: Finance, Ways and Means. 

Member: Judiciary I/Constitution; Children and Human Resources. 




North Carolina Manual 

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. 

Political Activities 

Member, N.C. Senate, 1993-present; Member, North Carolina House of 
Representatives, 1989-92. 

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, 1977-1992, Chair of Board, 
1986-1989; 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. 

Military Service 

Served, U.S. Air Force, 1951-52. 

Honors and A wards 

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. 

Person a 1 Inform a tion 

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; 



The North Carolina Legislative Branch 459 

Choir Member; Former President, Wilmington Presbyterian Men's Council; Former 
Vice President, N.C. Synod Men's Council. 

COMMITTEE ASSIGNMENTS 

Chair: Agriculture/Environment/Natural Resources. 
Vice Chair: Appropriations on Department of Transportation. 

Member: Appropriations; Base Budget; Finance, Judiciary I/Constitution, Local 
Government and Regional Affairs. 



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North Carolina Manual 




Patrick J> Ballentine 

(Republican-New Hanover 
County) 

Fourth Senatorial District - Portions of 

Carteret, New Hanover, Onslow, and 

Pender Counties. 

Early Years 

Born March 17, 1965, in Grand Forks, 
North Dakota, to James Clinton and 
Margaret Wilker Ballentine. 

Educational Background 

Cape Fear Academy, Wilmington, NC, 1983; 
UNC-Chapel Hill, B.A. - Political Science, 
1987; University of Dayton School of Law, 
J.D., 1990. 



Professional Background 

Attorney, Patrick J. Ballantine, Attorney at Law. 

Political Activities 

Member, North Carolina Senate, March 1994-present; John Locke Foundation; 
Heritage Foundation; Republican National Committee; Lincoln Forum; New Hanover 
County Republican Executive Committee. 

Organizations 

NC Bar Association; NC Retail Merchants Association; Rotary; Jaycees; Historic 
Wilmington Foundation; Friends of Fort Macon; Ducks Unlimited; UNCW Seahawk 
Club; Special Olympics; United Way; High School Moot Court Coach; March of Dimes. 

Boards and Commissions 

Kidzone; American Lung Association of North Carolina; New Hanover Adolescent 
Health Center. 

Personal Information 

Married, Lisa Beard of Fort Worth, Texas, August 10, 1991. 

COMMITTEE ASSIGNMENTS 

Ranking Minority Member: Appropriations on Justice and Public Safety. 
Member: Appropriations; Base Budget; Commerce; Judiciary 1/ Constitution; Ways 
and Means. 



The North Carolina Legislative Branch 



461 




l ohn Gerald Blackmo n 

(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. 

Political Activities 

Member, N.C. Senate, 1991-present; Mecklenburg County Board of Commissioners; 
Mecklenburg County Board of Health. 

Organiza tions 

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, WTVI. 

Boards and Commissions 

United Carolina Bank Board; Principal Advisory Board, Liebert Corporation. 

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 

Vice Chair: Agriculture/Environment/Natural Resources; Appropriations; Base 

Budget. 
Member: Finance; Judiciary I/Constitution. 




North Carolina Manual 

f 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. 

Educational Background 

Franklin High School, 1942; Western Carolina 
University; UNC-Chapel Hill Pre-flight 
School; Purdue University, LUTC; University 
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, 1993-1994, 1995-present. 

Organiza tions 

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, and President, 1966); 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 on Department of Transportation. 
Member: Appropriations; Base Budget; Commerce; Judiciary II/Election Laws; 
Pensions and Retirement/Insurance/State Personnel; Transportation. 



The North Carolina Legislative Branch 



463 




|ohn H> Carrington 

(Republican - Wake County) 

Thirty-sixth Senatorial District • 
Portions of Wake County 

Early Years 

Born in Philadelphia, Pennsylvania, 
October 25, 1934, to William E. and Doretta 
Keyes Carrington. 

Educational Background 

Miami Edison High School, Miami Florida, 
1957; Pennsylvania Military College 
(Widener College), Mechanical Engineering, 
1962; American Institute of Applied 
Sciences, Forensic Sciences, 1960. 



Professional Background 

Businessman, The Sirchie Group of Companies; President and CEO, Sirchie Finger 
Print Laboratories, Inc., Director, Law Enforcement Associates, Inc.; Director, 
Premier Crown Corp.; Director, Pro-Light/Sireno Corp. 

Political Activities 

Member, North Carolina Senate, 1995-present. 

Orga n iza tions 

Board Member, The John Locke Foundation; Shriner 

Boards and Commissions 

North Carolina Board of Community Colleges, 1993-present; The North Carolina Port 
Authority, 1993-present. 

Military Activities 

Served U.S. Army, 3rd Army Airborne Training School, 1st Special Troops Brigade, 
1953-55; Highest rank of E-3; Parachutist Badge; Parachute Packing and Aerial 
Delivery Badge. 

Personal Information 

Children: Kent H. Carrington, February, 10, 1962; Scott E. Carrington, December 19, 
1964. 

COMMITTEE ASSIGNMENTS 

Member: Finance; Local Government and Regional Affairs; Transportation; and Ways 
and Means. 



464 



North Carolina Manual 



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R. L Clark 



(Republican - Buncombe County) 

Twenty-eighth Senatorial District - 
McDowell, Madison, Yancey, and por- 
tions of Buncombe and Burke Counties. 

Early Years 

Born in Spring Creek, Madison County, NC, 
November 21, 1930, to Raphus and Lois 
Gregory Clark. 

Educational Background 

Spring Creek High School, Spring Creek, 
NC, 1949; Western Carolina University, 
B.S. Business Administration, 1953; 
Western Carolina University, Masters in 
Education, 1969. 



Professional Background 

Retail Merchant, Walnut Cash and Carry, Inc.; President, Walnut Cash and Carry, 
Inc., 1983-present; President, Georgetown Food Mart, Inc., 1987-1993. 

Political Activities 

Member, North Carolina Senate, 1995-present. 

Organ iza tions 

Past Member, Director, President of Lions Club of Asheville, North Carolina. 

Personal Information 

Married to Patricia A. Blanchard of Wilmington, NC. Children: Darrell, June, 5, 
1953; Teresa, July 11, 1955; MeHssa, December 14, 1965. 

COMMITTEE ASSIGNMENTS 

Member: Appropriations; Appropriations on Human Resources; Base Budget, 
Children and Human Resources; Transportation; and Ways and Means. 



The North Carolina Legislative Branch 



465 



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Roy A« Cooper, III 

(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. 

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); Co-Chairman, Democratic Legislative 
Campaign Committee, 1994-present. 

Orga n iza tions 

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; Commission on the Future of Justice in NC, 1994-present. 

Hon ors and Awards 

Morehead Scholar; UNC Order of Golden Fleece, Grail, and Old Well; Order of the 
Long Leaf Pine State Honor Society; Freedom Guard Award (N.C. Jaycees); 
Distinguished Service Award (Rocky Mount Jaycees). 

Personal Information 

Married, Kristin B. Cooper. Children: Hilary, Natalie, and Claire. Member and 
Deacon, First Presbyterian Church, Rocky Mount. 

COMMITTEE ASSIGNMENTS 

Chair: Judiciary I/Constitution. 
Vice Chair: Finance. 

Member: Children and Human Resources; Education/Higher Education; Rules and 
Operation of the Senate. 



466 



North Carolina Manual 




f C harlie Smith Dannel ly 

(Democrat-Mecklenburg County) 

Thirty-third Senatorial District- 
Mecklenburg (part) County. 

Early Years 

Born in Bishopville, Lee County, South 
Carolina, August 13, 1924, to Robert 
Samuel and Minnie Smith Dannelly. 

Educational Background 

Mather Academy, Camden, South Carolina, 
1944; Johnson C. Smith University, B.A. in 
Education, 1962; UNC-Chapel Hill, Masters 
in Education and Administration, 1966. 

Professional Background 

Charlotte-Mecklenburg Board of Education, Teacher-1962, Assistant Principal,-1963, 
Principal-1966 to 1991. 

Political Activities 

Member, North Carolina Senate, 1995-present; Charlotte City Council, 1977-1989. 

Organizations 

Phi Delta Kappa, President; Democratic Men's Club, Secretary; Charlotte- 
Mecklenburg Principal's Association, Treasurer; Omega, Pi Phi Chapter KRS, 
Secretary; Committee to Preserve and Restore Third Ward Board of Directors; JCSU 
100 Club; NAACP; Chairman of Education Committee of Mecklenburg County; 
Omega Psi Phi; Sigma Pi Phi Boul6; Alph Kappa Mu; Phi Delta Kappa; NC Black 
Leadership Caucus; National Conference of Christians and Jews. 

Boards and Commissions 

Mecklenburg County ABC Board; Charlotte Council on Alcohol; Mecklenburg County 
Social Services Board; Selective Service Board; WBT Penny Pitch Children's 
Charities Board; Nevins Center Board of Directors; Arthritis Patient Services Board; 
West Charlotte Business Incubator Board. 

Military Activities 

U.S. Army, 82nd Airborne, 1st Lt., June 26, 1951-February 1954 (Korean War); 
Parachute Badge, United Nations Service Medal, Korean Service Medal with one 
Bronze Star, National Defense Service Medal. 

Hon orsandA wa rds 

Omega Man of the Year (Pi Phi Chapter), 1978; 6th District Omega Man of the Year, 
1979; Outstanding Service Awards- 1983, 1986, 1987. 

Personal Information 

Married to Rose LaVerne Rhodes of Orangeburg, SC, August 2, 1956. Children: 
Charlie Smith Dannelly, born September 15, 1961. Member, Friendship Missionary 
Baptist Church and Chairman of Board of Youth Opportunity University Summer School. 



The North Carolina Legislative Branch 467 

COMMITTEE ASSIGNMENTS 

Vice Chair: Children and Human Resources; Education/Higher Education. 
Member: Agriculture/Environment/Natural Resources; Appropriations; 
Appropriations on Human Resources; Base Budget; Judiciaryl/Constitution. 



468 



North Carolina Manual 




Dennis H> Davis 

(Republican-Cleveland County) 

Thirty-seventh Senatorial District- 

Clevleand (part) and Rutherford 

Counties. 

Early Years 

Born in Shelby, Cleveland County, NC, 
November 24, 1948, to Hugh Logan and 
Virginia Lattimore Davis. 

Educational Background 

Crest High School, Boiling Springs, NC, 
1967; Gardner-Webb University, A.A., 1969; 
Appalachian State University, B.S,-B, 1971. 

Professional Background 

Teacher, Crest High School, Boiling Springs, NC. 

Political Activities 

Member, North Carolina Senate, 1995-present. 

Organizations 

(PENC) Professional Educators of NC; Cleveland Tomorrow, Leadership Cleveland 
County; Fellowship of Christian Athletes; Former County Chairman of Adult 
Chapter; Lions Club Vice President; Former Cleveland County Republican Party 
Chairman; 11th District Republican Executive Committee; NC Republican Executive 
Committee. 

Personal Information 

Married to Joyce Toney Davis of Mooresboro, NC, August 3, 1969. Children: Amy, 
born July 15, 1975. Member Pleasant Ridge Baptist Church; Sunday School Teacher- 
Senior Adult II Ladies, Usher, Former Deacon. 

COMMITTEE ASSIGNMENTS 

Member: Appropriations; Appropriations on General Government; Base Budget; 
Education/Higher Education; Judiciary II/Election Laws; Local Government and 
Regional Affairs. 



The North Carolina Legislative Branch 



469 



Don W. East 




(Republican-Surry County) 

Twelfth Senatorial District- Alleghany, 

Ashe, Guilford (part), Rockingham, 
Stokes, Surry, and Watauga Counties. 

Early Years 

Born in Pilot Mountain, Surry County, NC, 
on December 26, 1944, to Ralph and Viola 
Hall East. 

Educational Background 

East Surry High School, Pilot Mountain, 
NC, 1962; Forsyth Technical College. 

Professional Background 

Retired Police Officer; Small Farm Owner. 

Political Activites 

Member, North Carolina Senate, 1995-present. 

Orga n iza tions 

Arart Long Hill Ruritan Club. 

Boards and Commissions 

Served two terms on Surry County Board of Commissioners, 1984-1992. 

Personal Information 

Married to Connie Needham of Pilot Mountain, NC, 1963. Children: Gina born March 
3, 1967. Member, First Baptist Church, King, NC; Chairman, Maintenance 
Committee. 

COMMITTEE ASSIGNMENTS 

Member: Agriculture/Environment/Natural Resources; Appropriations; 
Appropriations on Justice and Public Safety; Base Budget; Children and Human 
Resources; Ways and Means. 




North Carolina Manual 

f C hancy Rudolph Edward s 

(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 

^^1 Pastor, Emeritus, First Baptist Church, 
Fayetteville, N.C.; President, General 
Baptist State Convention of N.C.; State Board of Education. 

Political Activities 

Member N.C. House of Representatives, 1982-90; Member, N.C. Senate, 1993-pre- 
sent. 

Organizations 

President, General Baptist Convention; Member, Shaw Divinity School Board of 
Trustees; NAACP; United Way, QIC. 

Boards and Commissions 

Board of Trustees, Shaw University (Chair); State Commission on Aging; Fayetteville 
City Board of Education, Precinct Chair. 

Honors and Awards 

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: Ways and Means. 

Vice Chair: Transportation. 

Member: Appropriations; Appropriations on Department of Transportation; Base 

Budget; Commerce; Finance; Pensions and Retirement/Insurance/State 

Personnel. 



The North Carolina Legislative Branch 



471 




T ames STuminers 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, Family Practice; President, Gaston County Medical Society; Board of 
Trustees, Gaston Memorial Hospital; Past BOD, N.C. Heart Association, Board 
Certified in Family Practice and Preventive Medicine; Medical Director of Brian 
Center and Greenfield Manor, Gastonia. 

Political Activities 

Member, N.C. Senate, 1991-present; County Commissioner, Gaston County, 1982-90; 
Chair, Board of Commissioners, 1989-90. 

Organizations 

Gaston County Medical Society; N.C. Medical Society; Aerospace Medical Association 
(A. Fellow); American College of Preventive Medicine (fellow); AMA Southern Medical 
Association; Americ