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Full text of "North Carolina manual [serial]"







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THE LIBRARY OF THE 

UNIVERSITY OF 

NORTH CAROLINA 

AT CHAPEL HILL 




THE COLLECTION OF 
NORTH CAROLINIANA 




C917.05 

N87m 

1997/98 




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UNIVERSITY OF N.C. AT CHAPEL HILL 




00018466009 



This book may be kept out one month unless a recall 
notice is sent to you. It must be brought to the North 
Carolina Collection (in Wilson Library) for renewal. 



Form No. A-369 




North 
Carolina 



Manual 



1997 



1998 



Published by the n.C. Department of the 

Secretary of State 



Elaine F. Marshall 
Secretary 




A Message from the 
N.C Secretary of State 

For nearly a century, the North Carolina 
Manual has served as an accurate and thor- 
ough reference source for North Carolina 
state government and politics. In fact, I can- 
not think of another source for these topics as 
comprehensive as the one you are currently 
holding in your hand. 

Americans in general and North 
Carolinians in particular have always emphasized the importance of an informed 
citizenry in maintaining the health of our democracy. The North Carolina Manual 
serves to inform all of us about what our government does and who makes deci- 
sions that affect us. The manual helps the state's various executive branch agen- 
cies, universities and colleges and other institutions educate the people of North 
Carolina about their respective missions. In turn, I think, this manual reminds us 
that state government - and the political process - is not some faceless machine, 
but a human creation that functions only as well as the wisdom and sound judg- 
ment of the people who lead it. 

The North Carolina Manual also helps put a face on North Carolina itself for 
the many people outside our state who may wonder what kind of place North 
Carolina is and what its residents are like. Our state, as all of us know, enjoys a 
combination of scenic beauty, diversity of natural resources and quality of living 
that is unmatched by any other state in the United States. It is also a place where 
people accomplish some pretty remarkable goals without undue or excessive pub- 
lic pride or boastfulness. North Carolina's greatest resource throughout its four 
centuries of existence has been its people. Our state has provided far more than 
its fair share of regional and national leaders in politics, journalism, science, tech- 
nology, business, industry, national defense and education. I think we will see, as 
the next century begins to unfold, that many of the solutions to the challenges fac- 
ing us as a nation will first take root in North Carolina. Our state, in many 
respects, is a very humble, unpretentious giant. 

If this edition of the North Carolina Manual is your first exposure to our state, 
I would like to thank you for taking an interest in North Carolina. As any of our 
residents can tell you, it is an interest that will repay you many times over. Enjoy! 



Elaine^F. Marshair— 



N.C Secretary of State 






North Carolina Department of the 

Secretary of State 



Elaine F. Marshall Secretary of State 

Rodney Maddox Qiief Deputy 

Sam Stowe Director of Publications 

Linda Wise Editorial Assistant 

Cathy Moss Editorial Assistant 



E fid Papers: NortI? Carolina Capitol 



N.C. Department of the Secretary of State 

301 N. Salisbury Street 
Raleigh, N.C. 27603-5909 

(919)733-4161 



http://www.secstate.state.nc.us/secstate/ 



Statement of Publication Cost 

5.000 copies of this document were printed at a total cost of $87, 909, or $l~.58 per copy. 

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

of North Carolina. 



Table of Contents 

Dedications: Charles Kuralt and Terry Sanford 

Photos of North Carolina Officials 

Legislative and Judicial District Maps 

North Carolina: A Photo Gallery 

Special Section The North CaroHna Zoo 1 

Chapter One North Carohna's Beginnings 17 

Chapter Two North Carolina's State Symbols 27 

Chapter Three North Carolina's Constitution 55 

Chapter Four Council of State & Executive Branch.... 121 

Chapter Five State Legislature 405 

Chapter Six Judicial Branch 733 

Chapter Seven UNC System 787 

Chapter Eight N.C. Community College System ....867 

Chapter Nine Private Colleges and Universities ....915 

Chapter Ten North Carolina Political Parties 919 

Chapter Eleven United States Government 1017 

Chapter Twelve Counties and Their Governments ..1095 

Chapter Thirteen Elections and Voting Records 1 1 49 

Chapter Fourteen North Carolina Population Data 1263 

Chapter Fifteen North Carolina Law Enforcement ....1291 




OMriesKurak 1934-97 
A welcome, familiar visitor in homes across America for decades, broadcast 
journalist Charles Kuralt came home to North Carolina at the end of his own 
adventurous trek through life. Kuralt, who died on July 4, 1997, in New York, 
chose to be buried in the Old Chapel Hill Cemetery within sight of the university 
he loved so much and on whose behalf he worked ceaselessly during his entire 
adult life. A former reporter with the Charlotte News, Kuralt joined the CBS tel- 
evision network in 1957 and spent much of the next decade as a foreign corre- 
spondent. He came home, however, in 1967 and began chronicling the American 
heartland that lay outside the bright lights of our nation's big cities. For the rest 
of his life, Charles Kuralt used his On the Road reports and his Sunday Morning 
program to remind his audience of the strength and dignity of the lives they cre- 
ated for themselves every day through work, family, community and faith. At a 
time when skepticism and cynicism were the favored filters through which many 
people viewed life in the United States, Kuralt's work summoned them back to 
belief in themselves and the nation they built and sustain to this day. This year's 
North Carolina Manual is dedicated in memory of Charles Kuralt. if you would 
like to honor Kuralt's memory and career, please send your contributions to: 



The Charles Kuralt Memorial Fund 

UNC-CH School of Social Work 

Campus Box 3550 

Chapel Hill, N.C. 27599 




Terry Sarfoni 1917-98 

Terry Sanford's public life exemplified one of the primary lessons in conser- 
vation taught to all Boy Scouts: always leave a place better off than it was when 
you arrived. When Sanford, an Eagle Scout, died on April 18, 1998, North 
Carolina was far better off thanks to his efforts. As Governor, U.S. Senator, 
President of Duke University and Democratic Presidential candidate, Sanford 
never failed to respond to what Abraham Lincoln termed, "the better angels of our 
nature." His example of moderation, tolerance and pragmatic leadership steered 
North Carolina through the social turmoil of the civil rights movement, a struggle 
that led to violence and bloodshed in many other southern states. Sanford recon- 
ciled North Carolinians, black and white alike, to each other and did everything 
within his power to make their lives better through economic development and 
educational opportunity. Terry Sanford cultivated North Carolina, coaxing it into 
the modem era and sheltering it from the worst of the transitional pains. Sanford's 
vision and political talent dramatically altered the state's physical and psycholog- 
ical landscape, inspiring North Carolinians to make the sacrifices and effort that 
would allow later generations to live together in peace and prosperity. 

His remarkable life began in Laurinburg, North Carolina, where he was bom 
in 1917. His own family impoverished, like many others in the state, by the 
Depression, Sanford saw first-hand via the New Deal what political genius can 
accomplish. Frank Porter Graham, the president of the University of North 
Carolina, also made a profound impact on Sanford's life, helping awaken him to 
the suffering and poverty of many North Carolinians and to dedicate much ot his 



professional life to alleviating that grinding burden. 

Sanford was also one of the bravest North Carolinians of his day. He resigned 
his draft-exempt position as an FBI agent at the start of World War II and entered 
the U.S. Army. He fought as a paratrooper from D-Day to the end of the war. 
fighting in France, ltal\. Belgium and Germany. Sanford survived some of the 
fiercest combat of the war. earning the Bronze Star and the Purple Heart in the 
process. 

He came home at the end of the war and launched his adult political career. In 
1060. he entered the gubernatorial race, survived a bitter primary contest and handi- 
1\ won the general election that autumn. Sanford's four-year career as governor pro- 
duced phenomenal achievements: the N.C. School of the Arts, the North Carolina 
Fund, the Governor's School and Learning Institute of North Carolina among them. 
Sanford"s political talent and salesmanship moved the Research Triangle Park from 
the drawing board to reality, attracting some of the nation's most innovative indus- 
tries. Sanford *s achievements earned him a spot in a 1981 Harvard University study 
as one of the top ten governors in the United States during the 20th Century. 

Sanford. however, wasn't through when he left the Executive Mansion. He 
accepted the presidency of Duke University in 1970 and promptly applied the ener- 
gy and people skills that had served him so well in the political arena to work on 
behalf of the great Durham institution. Sanford guided the construction of the J.B. 
Fuqua School of Business and the swift growth of Duke University Medical Center 
into one of the largest, best research and teaching hospitals in the world. He provid- 
ed a strong intellectual legacy for North Carolina and the nation through Duke's 
Institute of Policy Science Affairs, later renamed the Sanford Institute in his honor. 
He left a much wealthier, academically prominent Duke in 1985 to run for the U.S. 
Senate. 

Sanford's 1986 victory astonished many North Carolina political observers who 
thought the fomier governor did not stand much of a chance of winning office a gen- 
eration after his last elected service. Sanford put his accustomed energy and intellec- 
tual power into carrying out his duties as a Senator. Sanford's always-outspoken can- 
dor on the issues and his poor health cost him his seat in 1992. Never one to brood 
over political reverses. Sanford moved gracefully on, spending the remainder of his 
life busily writing, teaching, practicing law and leading the North Carolina Museum 
of Art. This edition of the North Carolina Manual is also dedicated to the memory 
of Terry Sanford, who left North Carolina and its people so much better off than they 
were before him. Donations in Sanford's memory may be made to: 

Performing Arts Institute 

2200 W. Main St. 

Suite 500 

Durham, N.C. 27705 




Governor James B. Hunt, Jr. 




Lieutenant Governor Dennis A. Wicker 




Secretary of State Elaine F. Marshall 




State Auditor Ralph Campbell 




State Treasurer Harlan E. Boyles 




A Message from the 
N.C. Secretary of State 

For nearly a centur\; the North Carolina 
Manual has served as an accurate and thor- 
ough reference source for North Carolina 
state government and politics. In fact, 1 can- 
not think of another source for these topics as 
comprehensive as the one you are currently 
holding in your hand. 

Americans in general and North 
Carolinians in particular have always emphasized the importance of an informed 
citizenry in maintaining the health of our democracy. The North Carolina Manual 
serves to inform all of us about what our government does and who makes deci- 
sions that affect us. The manual helps the state's various executive branch agen- 
cies, universities and colleges and other institutions educate the people of North 
Carolina about their respective missions. In turn, I think, this manual reminds us 
that state government — and the political process — is not some faceless machine, 
but a human creation that functions only as well as the wisdom and sound judg- 
ment of the people who lead it. 

The North Carolina Manual also helps put a face on North Carolina itself for 
the many people outside our state who may wonder what kind of place North 
Carolina is and what its residents are like. Our state, as all of us know, enjoys a 
combination of scenic beauty, diversity of natural resources and quality of living 
that is unmatched by any other state in the United States. It is also a place where 
people accomplish some pretty remarkable goals without undue or excessive pub- 
lic pride or boastfulness. North Carolina's greatest resource throughout its four 
centuries of existence has been its people. Our state has provided far more than 
its fair share of regional and national leaders in politics, journalism, science, tech- 
nology, business, industry, national defense and education. 1 think we will see. as 
the next century begins to unfold, that many of the solutions to the challenges fac- 
ing us as a nation will first take root in North Carolina. Our state, in many 
respects, is a very humble, unpretentious giant. 

If this edition of the North Carolina Manual is your first exposure to our state, 
I would like to thank you for taking an interest in North Carolina. As any of our 
residents can tell you, it is an interest that will repay you many times over. Enjoy! 







Elaine F. Marshall 

N.C. Secretary of State 




Commissioner of Agriculture James A. Graham 




Commissioner of Labor Harry E. Payne Jr. 



North Carolina Department of the 

Secretary of State 



Elaine F. Marshall Secretary of State 

Rodney Maddox Qiief Deputy 

Sam Stowe Director of Publications 

Linda Wise Editorial Assistant 

Cathy Moss Editorial Assistant 



End Papers: Nordj Carolina Capitol 



N.C. Department of the Secretary of State 

301 N. Salisbury Street 
Raleigh, N.C. 27603-5909 

(919)733-4161 



http://www.secstate.state.nc.us/secstate/ 



Statement of Publication Cost 

5.000 copies of this document were printed at a total cost of $87,909. or $17.58 per copy. 

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

of North Carolina. 




N.C. House Speaker Harold J. Brnbaker 




N.C. Supreme Court Chief Justice Burley B. Mitchelljr. 



professional life to alleviating tiiat grinding burden. 

Sanford was also one of the bravest North Carolinians of his day. He resigned 
his draft-e.xempt position as an FBI agent at the start of World War II and entered 
the U.S. Army. He fought as a paratrooper from D-Day to the end of the war. 
fighting in France. Italy. Belgium and Germany. Sanford survived some of the 
fiercest combat of the war. earning the Bronze Star and the Purple Heart in the 
process. 

He came home at the end of the war and launched his adult political career. In 
1960. he entered the gubernatorial race, survived a bitter primary contest and handi- 
ly won the general election that autumn. Sanford's four-year career as governor pro- 
duced phenomenal achievements: the N.C. School of the Arts, the North Carolina 
Fund, the Governor's School and Learning Institute of North Carolina among them. 
Sanford "s political talent and salesmanship moved the Research Triangle Park from 
the drawing board to reality, attracting some of the nation's most innovative indus- 
tries. Sanford"s achievements earned him a spot in a 1981 Harvard University study 
as one of the top ten governors in the United States during the 20th Century. 

Sanford, however, wasn't through when he left the Executive Mansion. He 
accepted the presidency of Duke University in 1970 and promptly applied the ener- 
gy and people skills that had served him so well in the political arena to work on 
behalf of the great Durham institution. Sanford guided the construction of the J.B. 
Fuqua School of Business and the swift growth of Duke University Medical Center 
into one of the largest, best research and teaching hospitals in the world. He provid- 
ed a strong intellectual legacy for North Carolina and the nation through Duke's 
Institute of Policy Science Affairs, later renamed the Sanford Institute in his honor. 
He left a much wealthier, academically prominent Duke in 1985 to run for the U.S. 
Senate. 

Sanford's 1986 victory astonished many North Carolina political observers who 
thought the fornier governor did not stand much of a chance of winning oftlce a gen- 
eration after his last elected ser\ ice. Sanford put his accustomed energy and intellec- 
tual power into carrying out his duties as a Senator. Sanford's always-outspoken can- 
dor on the issues and his poor health cost him his seat in 1992. Never one to brood 
over political reverses. Sanford moved gracefully on. spending the remainder of his 
life busily writing, teaching, practicing law and leading the North Carolina Museum 
of Art. This edition of the North Carolina Manual is also dedicated to the memory 
of Terry Sanford, who left North Carolina and its people so much better off than they 
were before him. Donations in Sanford's memory may be made to; 

Performing Arts Institute 

2200 W. Main St. 

Suite 500 

Durham, N.C. 27705 




OjayiesKimk 1934-97 
A welcome, familiar visitor in homes across America for decades, broadcast 
journalist Charles Kuralt came home to North Carolina at the end of his own 
adventurous trek through life. Kuralt, who died on July 4, 1997, in New York, 
chose to be buried in the Old Chapel Hill Cemetery within sight of the universit\ 
he loved so much and on whose behalf he worked ceaselessly during his entire 
adult life. A former reporter with the Charlotte News, Kuralt joined the CBS tel- 
evision network in 1957 and spent much of the next decade as a foreign corre- 
spondent. He came home, however, in 1967 and began chronicling the American 
heartland that lay outside the bright lights of our nation's big cities. For the rest 
of his life, Charles Kuralt used his On the Road reports and his Sunday Morning, 
program to remind his audience of the strength and dignity of the lives they cre- 
ated for themselves every day through work, family, community and faith. At a 
time when skepticism and cynicism were the favored filters through which man\ 
people viewed life in the United States, Kuralt's work summoned them back to 
belief in themselves and the nation they built and sustain to this day. This year's 
North Carolina Manual is dedicated in memory of Charles Kuralt. If you would 
like to honor Kuralt's memory and career, please send your contributions to: 



The Charles Kuralt Memorial Fund 

UNC-CH School of Social Work 

Campus Box 3550 

Chapel Hill, N.C. 27599 




Vice-President Albert Gore, Jr. 



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North Carolina: A Photo Gallery 

Photo^aphs prcnxded bytheN.C Diusion cf Tamstn Film & Sports Deudoptrmt 




U.S.S. North Cardim Batdeslnp 




Ooarlotte Skylim 



Cormestee Falls 
Transylvxma County 





Roadside stand mar Hendmonulle 




GuiErmr's Mansion, Ralei^j 




Wild ponies on Shadzleford Banks 




Great Smoky Mountains Railmty 




Elizabethan Garden 




Old Salem 




Omstmis in Pindntrst 




Cape Hatteras L i^thouse 




Cradle cf Forestry, Breinrd 




North Carolina 



Elephants 
Photo by Bill Ritss 

North Carolina is a state of many firsts. Its citizens initiated one of the first 
state symphonies, began the first state school for performing arts and also estab- 
lished the first state-operated zoo. And not just any zoo, but one of the largest 
natural habitat zoological parks in the world. 

Nearly 25 years ago, no one could have imagined more than 1,400 acres of 
land in the foothills of the Uwharrie Mountain range could be transformed into 
representations of the rolling prairies of Kansas, the Serengeti Plains oi Africa 
or Alaskan cliffs where arctic animals 
frolic. 

Yet today, one of North Carolina's 
greatest treasures brings together 300 
acres set aside for representing Africa's 
wilderness and 200 acres recreating envi- 
ronments of our own continent. North 
America. These two exhibit regions are 
home to more than 1,100 animals and 
60,000 tropical and exotic plants. An 

additional 948 acres remains for future development of the zoo. which is an 
agency of the N.C. Department of Environment and Natural Resources. 

The N.C. Zoo's mission is to encourage understanding of -- and commit- 
ment to - the conservation of the world's wildlife and wild places through the 
recognition of the interdependence linking humans and nature. 



Text provided by 
the N.C. Zoo 




The idea for a state zoo began with civic leaders in Raleigh in the late 

1960s. The Raleigh Jaycees held an exhibition professional football game in 

August. 1967, and collected 
$18,000 to fund a feasibility 
study on establishing the zoo. 
Later that year, the North 
Carolina General Assembly 
passed a bill creating the 
N.C. Zoological Garden 
Study Commission to con- 
duct the study. That nine- 
member commission found 
that a state zoo was not only 
possible, but desirable. 

In late 1968, the N.C. 
Zoological Society, a non- 
profit organization, was 
incorporated to raise funds 
for the zoo. The state legisla- 
ture followed by creating the 
N.C. Zoological Authority to 
oversee development of the 

park. Authority members formed a Site Selection Committee and spent two 

years studying possible locations. 

In February, 1971. the authority approved the committee's recommendation 

that the zoo be located in the 

center of the state near 

Asheboro. At a joint meeting 

of the authority and the soci- 
ety, the Randolph County 

Society for Zoological 

Development gave 1,371 

acres to the N.C. Zoological 

Society. The society turned 

the land over to the authority 

for the State of North 

Carolina. 

The zoo site was dedicat- 
ed as a primitive recreation 

area by Governor Robert W. 

Scott in spring 1972. In May 

of the same year. North 



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Patas Monkeys 
Photo by Jim Page 



Carolina voters approved a $2 million zoo bond referendum. The first animals -- 
two Galapagos tortoises purchased by the society — arrived at the zoo in sum- 
mer 1973. 

The zoo authority approved a master plan concept in late 1973 reflecting the 
total anticipated development of the zoo over the next 30 years. Construction on 
the interim zoo began in early 1974. The interim zoo, consisting of nine outdoor 
paddocks, an orientation building and an animal display building, was dedicated 
and opened to the public in 
August, 1974. 

State and private support for 
the zoo increased, with the Z. 
Smith Reynolds Foundation of 
Winston-Salem awarding a $1 
million grant to the zoo for per- 
manent construction in 
December, 1975. In January, 
1976, the first zoo telethon in 
America raised $350,000 in 
pledges earmarked for animal 
purchases. 

Momentum grew in 1976 as 
Governor James E. Holshouser 
officiated at the ground-breaking 
ceremony for initial construction 
of natural habitats in Africa — 
the first geographic exhibit 
regions planned for the park. 
Over the next three years, the 
General Assembly appropriated 
$1 1 .8 million for the construc- 
tion of Africa. During the same 
period, the Zoo Society raised 
$250,000 through a second 

telethon and other contributions. The zoo also accepted $546,471 in various 
grants. 

Africa opened to the public in 1979 with the 3'/2-acre Forest Edge habitat 
(zebra/ostrich/giraffe) and public services facilities. The Forest Edge, along with 
five new habitats for elephant, rhinoceros, lion, chimpanzee and baboon, was 
dedicated by Gov. James B. Hunt, Jr., in summer 1980. The R.J. Reynolds 
Forest Aviary, the zoo's first indoor exhibit, was dedicated in August, 1982. 

The zoo became a total natural habitat park in October, 1983, when the 
interim zoo was closed and visitors were directed to permanent facilities in 




Sozrict Ibis 
Photo by John Sljuke, Jr. 








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Africa. The zoo received accreditation from the American Zoo and Aquarium 
Association in August, 1984. 

The African Region was expanded in October 1984 with the grand opening 
of the 53,500-square-foot African Pavilion and the adjacent 40-acre African 
Plains exhibit. Additional African habitats were added in August, 1989, with the 
opening of the Forest Glade outdoor gorilla exhibit and in July, 1992, with the 
unveiling of an African wart hog exhibit. 

Construction on the North America region, covering 200 acres and includ- 
ing 40 new exhibits displaying 95 species of animals and 200 species of plants, 
began in April, 1987. 
Species represented in 
the habitat range from 
the Arctic Circle to the 
Sonoran desert of 
Mexico. 

The $1.95 million 
Frederick Moir Hanes, 
M.D Veterinary 
Medical Center was 
dedicated in October, 
1988, and was the first 
facility to be complet- 
ed as part of the North 
America expansion. 
The W. David Stedman 
Education Center was 
dedicated on March 
22, 1990, providing 
special classrooms, a 
library and other facili- 
ties for the thousands 
of school children who 
visit the zoo each year. 
It also houses zoo and 
society administrative 
offices. 

The Sonora Desert, 
first of the North American habitats, was opened to the public on September 23, 
1993. In November, 1993, Dr. David Jones, former director of the London 
Zoological Society, became the fourth director in the 20-year history of the N.C. 
Zoo. 

Four North American region exhibit areas were were unveiled during grand 




Meerkat 
Photo byJimPa^ 




Grizzly Bear 
Plxjto lyyjim Pa^ 



opening ceremonies on August 4, 

1994, including the RJR/Nabisco 
Rocky Coast Habitat, the Cypress 
Swamp, the Marsh and the 
Hardee's Touch & Learn Center. 
In addition to the new exhibits, a 
new zoo entrance and parking lot, 
gift shops, restaurants and other 
visitor amenities also were 
opened. 

Seven additional North 
American habitats — the Prairie, 
Black Bear, Grizzly Bear and 
Red Wolf, along with an 
Alaskan seabird exhibit in the 
Rocky Coast — opened April 20, 

1995. The final North American 
exhibit. Streamside, is a re-cre- 
ation of a North Carolina stream 

flowing from the mountains to the coast and opened in June, 1996. Future 
plans call for additional regions 
representing Asia, Europe, 
South America. Australia and a 
World of Seas. 

Renowned as the first 
American zoo conceived and 
built entirely around the natural 
habitat philosophy, animals at the 
N.C. Zoo wander through large 
indoor and outdoor habitats that 
simulate their wild environments. 
Exhibited in the animal habitats 
and along visitor areas is the 
largest botanical collection 
between Washington. D.C., and 
Atlanta, including a number of 
rare and endangered plant 
species native to North Carolina. 
Following is a brief description 
of each of the zoo's major habi- 
tats: 




Read Rumcr 
Photo byJimPa^ 




Forest EdgB 
Photo by Jim Pa^ 

African Habitats 

The African Pavilion houses 200 animals and more than 3,000 plants repre- 
senting a variety of Africa's major ecosystems. Exotic wildlife from tropical rain 
forests, deciduous woodlands and 
grassland/savannahs recreate the 
diversity and wonder of the African 
continent. Among the species 
exhibited in the pavilion are 
Colobus monkeys, servals, 
meerkats, trumpeter hornbills and 
mandrills. 

The forest glade habitat sur- 
rounds a troop of lowland gorillas, 
an endangered species. The thick 
vegetation in this exhibit resembles 
the dense clearings where these ani- 
mals gather to forage for food. 

The African plains stretches 
over 37 acres of rolling grassland. 
Here, ten species of antelope and 
several species of large birds gather 
in herds and flocks that resemble 
the African veldt, home to the 




Caraoxl 
Photo by Boh Ednwnson 



8 



greatest assemblage of hoofed animals found anywhere in the world. Exhibited 
antelope species include impala, greater kudu, Defassa waterbuck. gemsbok and 
Thomson's gazelles. 

The forest edge habitat brings together wildlife from equatorial East Africa. 
Reticulated giraffes. Grant's zebras and ostriches meander through V/z acres of 

open woodland, for- 
aging in mixed 
groups that are 
almost identical to 
those that form on 
Kenya's savannahs. 

The wart hog 
habitat is a 3.200 
square-foot outdoor 
exhibit that serves as 
home to three 
African wart hogs. 
Fewer than 70 of 
these unusual ani- 
mals are currently 
found in North 
America. 

The lion habitat 
is home to a pride of 
these magnificent 
cats. Sheltered 
beneath towering 
mounds of artificial 
rock, the N.C. Zoo's 
lions rule over a 
grassy knoll with the 
same majesty that 
gives their wild brothers dominion over Africa's open grasslands. 

The chimpanzee habitat resembles the forests where troops of chimpanzees 
forage for fruits and termites. At the N.C. Zoo, a 14-member troop of males, 
females and their young is part of a study being conducted by Dr. Jane Goodall 
as she compares the behavior of captive chimps to chimps that live in the wild. 

The Hamadryas baboon habitat is an island exhibit that abounds with the 
lively antics of these monkeys from Africa's rocky steppes. As if in Africa, the 
dominant male watches over his harem as they scamper over rocks and forage 
for food in the exhibit. 

The elephant habitat offers sanctuary to four African elephants, a species 




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spoonbill 
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10 




Oodots 
Photo by Jim Pa^ 



that is threatened with extinc- 
tion. They graze in 3.5 acres 
of grassland that resembles 
the plains of Africa where 
they make their home. 

The southern white rhi- 
noceros exhibit is visually 
continuous with the ele- 
phants' grassland habitat. 
Endangered due to loss of 
habitat and illegal hunting for 
its horn, the rhino represents 
one often Species Survival 
Plan (SSP) programs at the 
N.C. Zoo. The SSPs are 
national efforts by zoos to 
improve the captive care and 
breeding of endangered ani- 
mals. 

The R. J. Reynolds 
Forest Aviary resembles a 
miniature jungle. Within its 



walls more than 1,700 tropical plants and 90 exotic birds recreate the wonders 
of a tropical forest. The aviary has recorded the first U.S. hatchings of two rare 
birds — the African pied barbet and the Asian red-faced liocichla. It also has 

been named one of 
the ten best natural 
habitat exhibits in 
American zoos. 



North America 
Habitats 

The Sonora 
Desert was the first 
habitat to open in 
the zoo's 200-acre, 
$32 million North 
American exhibit 
region. This $4.1- 
million, 14,000- 
square-foot, indoor 
recreation of the 




Grant's Guzcl/e 
Photo by Jim Page 



11 




Fenvde Lions 
Photo by Jim Pa^ 

desert Southwest includes tarantulas, gila monsters, road runners, ocelots and a 
host of other desert creatures in a diurnal exhibit area beneath a glass-domed 
roof. A nocturnal exhibit area 
features vampire bats and other 
animals that are active only 
during the desert night. 

The RJR Nabisco Rocky 
Coast is a recreation of an 
Arctic world, providing both 
above- and below-water view- 
ing of the polar bear and sea 
lion pools. The exhibits are 
complete with jagged rocks, 
waterfalls and streams, all part 
of the complex filtration 
process which pumps 1,600 
gallons of water per minute. 
The 2'/4-inch double laminated 
glass in the polar bear exhibit 
brings visitors face-to-face 




Gonlla 
Photo by Boh Edmonson 



12 




Gild Morister 
Photo lyyjim Pa^ 




Otter 
Photo by Tom Woods 



B 




Giraffe 
Photo by Bob Edmonson 




Rlnnocerxys 
PlxXo by John Shuke, Jr. 



14 




with these immense creatures 
swimming in the 12-foot- 
deep pool. The four- foot- 
deep sea lion pool also has 
several underground observa- 
tion windows. Arctic foxes 
reside in a large area resting 
along side the cliffs of the 
polar bear exhibit. 

The Hardee's Touch & 
Learn Center is a barnyard 
setting with Dexter cattle, 
Cotswold sheep, Nigerian 
dwarf goats, guinea hogs and 
other domestic animals. Its 
non-traditional design is 
painted in a soft blue lending 
to a wonderful experience for 
children to come in close 
contact with animals and pick 
fruit from an orchard or 
berries from a garden. 
The cypress swamp habitat is a tangle of bald cypress trees, holly berries 
and rhododendron. The meandering boardwalks carry visitors by ducks nesting 
as they would in the wild, an artificial-rock alligator pond and an octagon-win- 
dowed kiosk with glass aquariums and terrariums where turtles paddle under 
water. The carnivorous plant garden with insect-eating pitcher plants and Venus 
fly traps is nestled along the trails and cougars roam in a tent-like enclosure 
equipped with large rocks and fallen trees over natural streams. The marsh is a 
natural continuation of the swamp with native wildfowl lured by the lush and 
safe environment. 

The prairie is home to elk and American bison. Here, 1 1 acres of true 
prairie grass simulates a western grassland. Visitors are able to stop and view 
the animals from three overlooks as sidewalks open up from shaded trails lead- 
ing along the perimeter. Zoo visitors can see the animals from elevated viewing 
stands that offer a vista across the hilly terrain. The American bison is North 
America's largest terrestrial mammal. 

The Black Bear exhibit features three animals that arrived from the N.C. 
Wildlife Resources Commission after being seized from a roadside zoo in North 
Carolina. Their 14,500 square-foot exhibit is complete with high cliffs, a pool 
for wading and a stream lined with natural trees. The black bear is the only bear 
species native to North Carolina. 



Onmparizee 
Pixto liy Bill Russ 



15 




A rrEnmn Prairie E Ik 
Photo hyJimPa^ 





Gerrishok 
Photo by Jim Pa^ 



Colol^us Monkey 
Photo by Jim Page 



16 

Grizzlv bears reside in an exhibit where a hidden moat creates the illusion 
that these behemoths can wander into the thick forest behind the exhibit. The 
two male grizzly bears came to the zoo from Montana, where they were labeled 
nuisance bears by the Grizzly Bear Recovery Program and the U.S. Fish and 
Wildlife Service. They would have been destroyed if an appropriate home had 
not been found. Their exhibit is 8,000 square-feet and is equipped with a filtered 
pool, stream and two visitor overlooks. 

Red wolves are among the most endangered species in North America and 
represent an extraordinary addition to the zoo's animal collection. In cooperation 
with the U.S. Fish and Wildlife Service and the American Zoo and Aquarium 
Association, the zoo has also developed an off-exhibit breeding facility as part 
of a breeding program to reintroduce red wolves into the wild. Because of the 
red wolfs nature, they will have little or no contact with animal keepers to 
ensure they remain wild and fearful of humans for reintroduction purposes. 
Their habitat features a den designed by zoo staffers and an exhibit with a spa- 
cious area of nearly 5,500 square feet. 

Alaskan seabirds arrived at the zoo after zoo animal staff members traveled 
to an island off the coast of Alaska to collect three species, including thick- 
billed murres, parakeet aucklets and horned puffins. The N.C. Zoo is the only 
zoo in America that exhibits the three. Most of the birds arrived as chicks, 
because they could acclimate to their new home quicker and easier than adult 
birds. 

Inside the exhibit, which is located between the polar bear and sea lion 
exhibits, zoo visitors fmd a 200 square-foot habitat with a 28 foot-high rock 
cliff constructed by the zoo's design team. The exhibit enables the birds to climb 
atop the rocks and leap into a 45,000 gallon pool. The viewing gallery consists 
of a 9 X 36-foot window where visitors can see the birds gliding underwater 
through rock formations built in the 10 foot-deep pool or clambering into nest- 
ing holes created into the man-made cliff. Free tram ride between exhibits. 

lis it or Services 

In addition to the animal and plant exhibits, the zoo offers a number of 
amenities for visitors. These include: stroller and wheelchair rental; zoo audio 
tour rentals; tram and shuttle bus transportation; two lakeside picnic areas; six 
restaurants for sandwiches and snacks; five gift shops; on- and off-site educa- 
tional programs; a number of special events throughout year; and free admission 
for pre-registered North Carolina school groups. 

For more information about the N.C. Zoological Park, call: 

(800) 488-0444 

or visit the zoo's Web site at: 

http://w>wv.nczoo.org/index.html 



Chapter One 

North Carolina's 
Beginnings 



The first known European exploration of North Carolina occurred during the 
summer of 1524. A Florentine navigator named Giovanni da Verrazano, in the 
service 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 1. 
and published in Richard Hakluyt's Divers Voyages touching the Discoverie of 
America. No attempt was made to colonize the area. Between 1 540 and 1 570 sev- 
eral Spanish explorers from the Florida Gulf region explored portions of North 
Carolina, but again no permanent settlements were established. 

Coastal North Carolina was the scene of the first attempt by English-speak- 
ing people to colonize North America. Two colonies were begun in the 1580s 
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 1 10 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 expe- 
dition still standing. Two significant events occurred shortly after the colonists 
arrival — two '"friendly" Indians were baptized and a child was born. Virginia 
Dare was the first child born to English-speaking parents in the new world. 

The colonists faced many problems. With supplies running short. White was 
pressured to return to England for provisions. Once in England, White was unable 
to immediately return to Roanoke because of the impending attack by the Spanish 
Armada. When he was finally able to return in 1 590, he found only the abandoned 
remnants of what was once a thriving settlement. There were no signs of life, onI\ 
the word ''CROATAN" carved on a nearby tree. Much speculation has been made 
about the fate of the ''Lost Colony," but no one has successfully explained the dis- 
appearance of the colony and its settlers. 

Permanent Settlement 

The first permanent English settlers in North Carolina emigrated from the 
Tidewater area of southeastern Virginia. The first of these "overfiow" settlers 
moved into the area of the Albemarle Sound in northeast North Carolina around 
1650. 

In 1663, Charles II granted a charter to eight English noblemen who had 
helped him regain the throne of England, fhe charter document contains the fol- 
lowing description of the territory which the eight Lords Proprietor were granted 
title to: 



18 

"All {hat Territory or tract of groinicl. situate, lying, and being within our 
Dominions in America, extending from the North end of the Island called Luck 
Island, which lies in the Southern Virginia Seas and within six and Thirty' degrees 
of the Northern Latitude, and to the West as far as the South Seas; and so 
Southerly as far as the River Saint Mathias, which borders upon the Coast of 
Florida, and within one and Thirty degrees of Northern Latitude, and West in a 
direct line as far as the South Seas aforesaid: Together with all and singular 
Ports. Harbours. Bays. Rivers. Isles, and Islets belonging Into the Country afore- 
said: And also, all the Soil. Lands. Fields. Woods. Mountains. Farms. Lakes, 
Rivers. Bays, and Islets situate or being within the Bounds or Limits aforesaid: 
with the Fishing of all sorts of Fish, Whales, Sturgeons, cmd all other Royal 
Fishes in the Sea, Bays, Islets, and Rivers within the premises, and the Fish there- 
in taken: 

And moreover, all Veins, Mines, and Quarries, as well discovered as not dis- 
covered, of Gold, Silver, Gems, afid precious Stones, and all other whatsoever be 
it, of Stones. Metals, or any other thing whatsoever found or to be found within 
the Country, Isles, and Litnits .... " 

The territory was to be called "Carolina" in honor of Charles 1. In 1665, a 
second charter was granted in order to clarify territorial questions not answered 
in the first charter. This charter extended the boundary lines of Carolina to 
include: 

"All that Province, Territory, or Tract of ground, situate, lying, and being 
within our Dominions of America aforesaid, extending North and EastM'cird as far 
as the North end of Carahtuke River or Gullet: upon a straight Westerly line to 
Wyonoake Creek, which lies within or about the degrees of thirty six and thirty 
Minutes, Northern latitude, and so West in a direct line as far as the South Seas: 
and South and Westward as far as the degrees of twenty nine, inclusive, northern 
latitude: and so West in a direct line as far as the South Seas. " 

Between 1663 and 1729, North Carolina was under the near-absolute control 
of the Lords Proprietors and their descendants. The small group commissioned 
colonial officials and authorized the governor and his council to grant lands in the 
name of the Lords Proprietors. In 1669, philosopher John Locke wrote the 
Fundamental Constitutions as a model for the government of Carolina. Albemarle 
County was divided into local governmental units called precincts. Initially there 
were three precincts — Berkley, Carteret, and Shaftesbury — but as the colony 
expanded to the south and west, new precincts were created. By 1 729, there were 
a total of eleven precincts — six in Albemarle County and five in Bath County, 
which had been created in 1696. Although the Albemarle Region was the first 
permanent settlement in the Carolina area, another populated region soon devel- 



19 

oped around present-day Charleston, South Carolina. Because of the natural har- 
bor and easier access to trade with the West Indies, more attention was given to 
developing the Charleston area than her northern counterparts. For a twenty-year 
period, 1692-1712, the colonies of North and South Carolina existed as one unit 
of government. Although North Carolina still had her own assembly and council, 
the governor of Carolina resided in Charleston and a deputy governor was 
appointed for North Carolina. 

Royal Colony 

In 1729, seven of the Lords Proprietors sold their interest in North Carolina 
to the crown and North Carolina became a royal colony. The eighth proprietor. 
Lord Granville, retained economic interest and continued granting land in the 
northern half of North Carolina. The crown supervised all political and adminis- 
trative functions in the colony until 1775. 

Colonial government in North Carolina changed little between the proprietary 
and royal periods, the only major difference being who appointed colonial offi- 
cials. There were two primary units of government - the governor and his coun- 
cil and a colonial assembly whose representatives were elected by the qualified 
voters of the county. Colonial courts, unlike today's courts, rarely involved them- 
selves in formulating governmental policy. All colonial officials were appointed 
by either the Lords Proprietors prior to 1729 or by the crown afterwards. 
Members of the colonial assembly were elected from the various precincts (coun- 
ties) and from certain towns which had been granted representation. The term 
"precinct" as a geographical unit ceased to exist after 1735. These areas became 
known as "counties'" and about the same time "Albemarle County" and '"Bath 
County" ceased to exist as governmental units. 

The governor was an appointed official, as were the colonial secretary, attor- 
ney general, surveyor general and the receiver general. All officials served at the 
pleasure of the Lords Proprietors or the crown. The council served as an adviso- 
ry group to the governor during the proprietary and royal periods, in addition to 
serving as the upper house of the legislature when the assembly was in session. 
When vacancies occurred in colonial offices or on the council, the governor was 
authorized to carry out all mandates of the proprietors and could make a tempo- 
rary appointment until the vacancy was filled by proprietary or royal commission. 
One member of the council was chosen as president of the group and many coun- 
cil members were also colonial officials. If a governor or deputy governor was 
unable to carry on as chief executive because of illness, death, resignation or 
absence from the colony, the president of the council became the chief executive 
and exercised all powers of the governor until the governor returned or a new gov- 
ernor was commissioned. 

The colonial assembly was made up of men elected from each precinct and 
town where representation had been granted. Not all counties were entitled to the 



20 

same number of representatives. Many ot the older counties had five representa- 
tives each, while those formed after 1696 were each allowed only two. Each town 
granted representation was allowed one representative. The presiding officer of 
the colonial assembly vvas called the speaker and was elected from the entire 
membership of the house. When a vacancy occurred, a new election was ordered 
by the speaker to till it. On the final day of each session, bills passed by the leg- 
islature were signed by both the speaker and the president of the council. 

The colonial assembly could meet only when it vvas called into session by the 
governor. Since the assembly was the only body authorized to grant the governor 
his salary and spend tax monies raised in the colony, it met on a regular basis until 
just before the Revolutionary War. There was, however, a constant struggle for 
authority between the governor and his council on the one hand and the general 
assembly on the other. Two of the most explosive issues involved fiscal control of 
the colony's revenues and the election of treasurers. Both were privileges of the 
assembly. The question of who had the authority to create new counties also sim- 
mered throughout the colonial period. On more than one occasion, elected repre- 
sentatives from counties created by the governor and council without consulting 
the lower house were refused seats until the matter was resolved. These conflicts 
between the executive and legislative bodies were to have a profound effect on the 
organization of state government after independence. 

The Sinigg/e for hulepeudeuce 

On April 1 2, 1 776, North Carolina authorized its delegates to the Continental 
Congress to vote for independence. This was the first official call for indepen- 
dence from any of the colonies. The 83 delegates present in Halifax at the Fourth 
Provincial Congress unanimously adopted the Halifax Resolves, which indicted 
the colony's royalist government in blunt fashion: 

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

It appears to your Committee that pursuant to the Plan concerted by the 
British Ministry for subjugating America, the King and Parliament of Great 
Britain have usurped a Power over the Persons and Property of the People unlim- 
ited and uncontrolled and disregarding their humble Petitions for Peace. Liberty 
and Safety, have made divers Legislative Acts, denouncing War Famine and everv 
Species of Calamity daily employed in destroying the People and committing 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 consecpience of 



21 

M'hich 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 States 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 obtaining redress by those Means alone which have been 
hitherto tried. Your Committee are of the Opinion that the house should enter into 
the following 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 pur- 
posed as shall be hereafter pointed out... 

The Halifax Resolves were important because tiiey were the first official 
action calling for independence from Britain and they were directed at all of the 
colonies that had taken up arms against the crown. Virginia followed with her own 
recommendations soon after the adoption of the Halifax Resolution and on July 
4, delegates at the Continental Congress meeting in Philadelphia signed the final 
draft of the Declaration of Independence, North Carolinians William Hooper. 
Joseph Hewes and John Penn among them. In early December, 1 776, delegates to 
the Fifth Provincial Congress adopted the first constitution for North Carolina. On 
December 21, 1776, Richard Caswell became the first governor of North Carolina 
under the new constitution. 

Early Statehood 

On November 21, 1789, the state adopted the United States Constitution, 
becoming the twelfth state to enter the federal union. In 1 788. North Carolina had 
rejected the Constitution because of the lack of necessary amendments to ensure 
freedom of the people. The Bill of Rights satisfied the concerns of antifederalists 
enough to ensure the state's adoption of the Constitution a year later. 

State Constitution of J 835 

The 1832 legislative assembly passed a bill calling for a state constitutional 
convention. A popular referendum that same year supported the idea of a con- 
vention. The convention opened on June 4, 1835, in Raleigh. The new constitu- 
tion provided for popular election of the governor, as well as fixing the governor's 
term in office to two years per term and no more than two consecutive terms. It 
established a more equitable method of representation in the General Assembly. 
The new constitution fixed the terms of several offices in the Council of State, 



11 

equalized the poll tax, banned the legislature from considering private bills, estab- 
lished new legislative procedures for divorce and other matters of civil law and 
created a new structure for impeaching public officials. The new state constitution 
also created a mechanism that would allow successive General Assembly sessions 
to propose constitutional amendments for popular ratification. The Constitution of 
1835 passed when submitted to a popular referendum. 

C \mstitutiou of 1S6H 

The Constitution of 1868 provided for universal male suffrage. State and 
county officials would henceforth be elected by popular vote and the terms for 
governor and lieutenant governor were extended to four years. Most of the state's 
judges would likewise be elected by popular vote to eight-year terms. The new 
state constitution created extensive public services for North Carolinians with 
disabilities, provided for public orphanages and improved public access to high- 
er education. North Carolinians could no longer be imprisoned for debt under the 
new state constitution and women, while still not given full citizenship rights, 
gained considerable new property rights. The constitution also ended the archaic 
network of county justices, replacing them instead with county commissions and 
establishing townships in each county for administrative purposes. 

The Progressive Era 

The dawn of the 20th Century brought changes to North Carolina's economy 
and society. The state benefitted from strong, progressive political leadership 
from governors such as Charles Brantley Aycock (inaugurated in 1901 ). Aycock 
persuaded the General Assembly to undertake the most sweeping expansion of 
the state's public education system in nearly a century. Many North Carolina 
counties gained access to local public education for the first time ever between 
1900 and 1920. Gov. Aycock also convinced the General Assembly to make 
school funding and maintenance, including hiring and paying teachers, a state 
function. 

North Carolina's state government made other progressive changes during the 
first two decades of the new century. The state's park system was founded in 1915 
with the opening of Mount Mitchell State Park. Led by Gov. Cameron Morrison 
(1921-25) the state finally addressed its abysmal transportation network through 
the creation of a state highway commission and funding of new road construction 
through a series of statewide bond referenda. Morrison also coaxed the General 
Assembly into spending more money on public health throughout the state and 
funding vast improvements in the state's public schools and public universities 
and colleges. 

Morrison's successor, Angus McLean (1925-29), continued the pattern of 
expanding the administrative scope and expertise of state government and fund- 
ing badly-needed improvements in public infrastructure. McLean promoted the 



23 

expansion and diversification of the state economy, both in the industrial and agri- 
cultural sectors. Under McLean's guidance, the state also began systematic efforts 
to attract new capital investment to North Carolina. 

War and Sacrifice 

The Japanese Navy's attack on Pearl Harbor on Dec. 7, 1941, launched a new 
period of sacrifice for many North Carolina families. Coastal residents, particu- 
larly on the Outer Banks, had an uncomfortably close view of the horrors of mod- 
em war throughout 1942 and 1943 as German submarines torpedoed and sank 
scores of ships within sight of land. Many North Carolina civilians risked their 
lives to rescue sailors from these sinkings and hospitals along the coast treated 
many injured and burned survivors. More poignantly, the state's coastal residents 
collected the bodies of dead sailors that washed ashore and buried them next to 
generations of their own kin in local cemeteries. 

North Carolina played a significant role in the American war effort. Fort 
Bragg, which dated back to World War I, swelled in size, while Cherry Point 
Marine Air Station and Seymour Johnson Air Force Base were founded to train 
pilots for both the European and Pacific theaters. By the end of the war, military 
bases scattered throughout North Carolina had trained more men for combat than 
any other state in the Union. 

Over 360,000 North Carolinians served in the U.S. Armed Forces during 
World War II. More than 4,000 of them died in combat. Hundreds of thousands of 
other North Carolinians who remained in the state during the war worked long 
hours and often went hungry to support the war effort. 

The Humble Giant 

The living standards of most state residents improved steadily following 1960 
as North Carolina's investment in public higher education, unrivaled by nearly 
any state south of the Mason-Dixon Line, produced large numbers of skilled 
workers and professionals. By 1990, for the first time in its history, almost half of 
the state's residents lived in urban areas. Economic diversification, a better-edu- 
cated work force and shrewd public sector investments such as the Research 
Triangle Park in the Raleigh-Durham-Chapel Hill area led to mushrooming pop- 
ulation growth in the state's cities. North Carolina, by 1980, had become one of 
the ten most populous states in the United States. 



24 



The Mecklenburg Declaration of 1775 



Officers 

Abraham Alexander, Chair 

John McKnitt Alexander 



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



Delegates 

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



Waightstill Avery 

Benjamin Patton 

Mathew McClure 

Neil Morrison 

Robert Irvvin 

John Flenniken 

David Reese 

Richard Harris, Sen. 



The foil owing 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 inher- 
ent and inalienable rights of man. 

2. Resolved. That we the citizens of Mecklenburg County, do hereby dissolve 
the political bonds which have connected us 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. 

5. Resolved. That we do hereby declare ourselves a free and independent peo- 
ple, are, and of right ought to be a sovereign and self-governing association under 
the control 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. Resolved. 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 neverthe- 
less the Crown of Great Britain never can be considered as holding rights, privi- 
leges, 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 act- 



25 

ing comformably to these regulations. And that every member present of this del- 
egation shall henceforth be a civil officer, viz., a justice of the peace, in the char- 
acter 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 har- 
mony 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 govern- 
ment be established in this Province. 

* The Mecklenburg Declaration was adopted on May 20, 1775. This docu- 
ment 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 text of the Resolves was recalled from mem- 
ory by the clerk some twenty years after the Mecklenburg meeting. The original 
notes had been lost in a fire. 



26 

The Halifax Resolution of 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, 

// appears to your Committee that pursuant to the Plan concerted by 
the British Ministry for subjugating America, the King and Parliament of 
Great Britain have usurped a Power over the Persons and Properties of 
the People unlimited and uncontrouled; and disregarding their humble 
Petitions for Peace, Liberty and safety, have made divers Legislative 
Acts, denouncing War Famine and every Species of Calamity against the 
Continent in General. That British Fleets and Armies have been and still 
are daily employed in destroying the People and committing the most hor- 
rid 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 confiscat- 
ed 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 afore- 
said 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 be 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 general Representation thereof) to 
meet the delegates of the other Colonies for such purposes as shall be 
hereafter pointed out. 



The resolution was adopted on April 12, 1776. 



Chapter Two 



North Carolina's 
State Symbols 



Like every other state in the U.S. and nearly every country in the world, North 
Carolina's state government has selected a wide array of official state symbols. 
Some of these symbols, such as the state seal, are historic relics that played an 
important legal role earlier in the state's history. Others are symbols chosen by the 
N.C. General Assembly to promote important North Carolina products, natural 
resources and human achievement. Some symbols are literally larger than life, 
particularly such historic state buildings as the North Carolina Capitol, the N.C. 
Legislature Building and the Executive Mansion, the official residence of North 
Carolina's governor. All North Carolina symbols share one important function, 
namely reminding North Carolinians and the rest of the world of our state's cul- 
tural character, natural wonders and rich history. 

77?^ Great Seal of the State of North Carolina 

The state seal is probably the oldest official state symbol. A seal for impor- 
tant documents was used before a state government was organized in North 
Carolina. During the colonial period North Carolina used successively four dif- 
ferent seals. Since independence, the state has used six different versions of the 
seal. 

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 3 
and 3/8 inches in diameter. The impression 
was made by bonding two wax cakes togeth- 
er with tape before being impressed. The fin- 
ished impression was about a quarter-inch 
thick. This seal was used on all official 
papers of the Lords Proprietors of Carolina, 
which at the time included all of the territo- 
ry inside the current borders of both North 
Carolina and South 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 




Lcfrds Prcpnctors Seal 



28 




AllxtymieSml, 1665-1730 



was small, only 1 and 7/16 inches in diameter, and had only one face. The seal 
was usually impressed on red wax, but was occasionally imprinted on a wafer 

stuck to the instrument with soft wax. The 
government for Albemarle County was the 
first to use the seal. 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 troublesome times of the 
Cary Rebellion, the Albemarle seal was not 
used. Instead, Cary used his family arms as a 
seal for official papers. William Glover used 
his private seal during his presidency as 
well. 

When North Carolina became a royal colony in 1729. the old "Albemarle" 
seal was no longer applicable. On February 3, 1730, the Board of Trade recom- 
mended 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 presented 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. WT The chief engraver 
of seals, Rollos, was ordered to "engrave a 
silver 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 30, 1731, the old 
seal of the colony was ordered to be used 
until the new seal arrived. The new seal 
arrived in late April and the messenger fetch- 
ing the seal from Cape Fear was paid £10 for 
his journey. The impression of the new seal 
was made by placing two cakes or layers of 
wax together, 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 4 and 3/8 inches in diameter 
and from 1/2 to 5/8 inches thick and weighed about 5 and 1/2 ounces. 

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 from the Court of St. James bearing the date of the 9th day of July, 




PnmmalSeal, 1730-67 



29 




Proanaal Seal, 1767-76 



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 
instructions that the seal be used to seal all patents and grants of lands and all pub- 
lic instruments passed in the king's name for 
service within the province. It was 4 inches 
in diameter, 1/2 to 5/8 inches thick, and 
weighed 4 and 1/2 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 condi- 
tion of the seal. He states the seal had been repaired and though "awkwardly 
mended... [it was] in such manner as to answer all purposes." 

Following independence. Section XVII of the new constitution adopted at 
Halifax on December 1 8, 1 776. 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 rati- 
fied the current state constitution in 1970. Article III. Section 10. contained pro- 
visions for 'The Great Seal of the State of North Carolina.'" However, the word- 
ing 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. There is no record, however, that the commission ever made 
a report. The congress authorized the governor to use his ''private seal at arms" 
until a great seal for the state was procured. A bill to do just that became law on 
May 2, 1778. The legislation appointed William Tisdale. Esq.. to cut and engrave 
a seal for the state. On Sunday, November 7, 1779, the Senate granted Tisdale 



30 




£1 50 to make the seal. The seal procured under this act was used until 1794. The 
actual size of the seal was 3 inches in diameter and 1/4 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. An 
official description of this seal cannot be found, but many of the seals still in exis- 
tence are in an almost perfect state of preservation. 

In January, 1792, the General Assembly authorized a new state seal, requir- 
ing 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 mod- 
ification, was finally accepted by Governor 
Spaight, and Colonel Thomas had the seal 
made accordingly. 

The seal press for the old seal had proved 
unwieldy due to its two-sided nature and 
large diameter. 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 station- 
ary at the Secretary's office which makes it 
very convenient." The seal was cut some 
time during the summer of 1793. 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 2 
and 1/2 inches in diameter and was used 
until around 1835. 

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, 1 793. 
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 



State Seal, 1779-94 




State Seal, 1794-1836 



31 




State Seal, 1836-93 



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. In 1 883, Colonel S. McD. 
Tate introduced a bill that described in more 
detail what the seal should be like. In 1893, 
Jacob Battle introduced a bill to add the state 
motto, "Esse Quam Videri," to the foot of the 
state's coat of arms and the words "May 20, 
1775," to 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 moun- 
tains formed the only backdrop on the seal. 

The 1971 General Assembly, in an effort 
to "provide a standard for the Great Seal of 
the State of North Carolina," passed the fol- 
lowing act amending the General Statutes provision relative to the State Seal: 

The Governor shall procure of the State 
a Seal which shall be called the Great Seal 
of the State of North Carolina, and shall he 
two and one-quarter inches in diameter and 
its design shall be a representation of the 
figures of Liberty and Plenty, looking 
toward each other, but not more than half- 
fronting each other and otherwise disposed 
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 
a r m 




State Seal, 1893-1971 



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 mountains 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, 1 775 " shall appear within the seal 
and across the top of the seed and the words 




State Seal, 1971-1984 



32 




"esse quam videri" shall appear at the bot- 
tom 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 seed, certified to 
under his hcmd and attested to by the 
Secretary of State, which impression so cer- 
tified the Secretary of State shall carefully 
preserve among the records of this Office. 



State Seal, 1984-Pment 



The late Julian R. Allsbrook, who 
served in the North Carolina Senate for many years, feh 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 effec- 
tive date of January I. 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. 



North Carolina State Flag 

Flags developed from the earliest recorded human history as symbols 
designed to command respect for -- and obedience to -- the authority of the 
state. Since antiquity, nearly all nations and peoples have used flags and 
emblems, though ancient superstitions regarding their divine origins and super- 
natural powers have largely disappeared. Flags now, the world over, possess the 
same meaning as a symbol of strength, unity, spirit and patriotism. In addition 
to our national flag, each state in the U.S. has a state flag that symbolizes its 
own individual character. State flags also express a particular trait or commem- 
orate some specific, important historical event in state history. Most states flags 
consist of the state's official coat of arms superimposed upon a suitably colored 
field. 

Legislative records indicate that an official state fiag for North Carolina was 
not established or recognized until 1861. The constitutional convention of 1861, 
which passed the ordinance of secession, adopted a state fiag. On May 20, 1861, 
the day the secession resolution was adopted. Col. John D. Whitford, a member 
of the convention from Craven County, introduced an ordinance to create a state 
fiag. The ordinance specified that the fiag should contain a blue field with a white 
V on it and a star encircled by the words, "Surgit astrum. May 20, 1775." 

Colonel Whitford chaired the committee to which this ordinance was 



33 




The North Carolina State Flag 

referred. William Jarl Browne, a Raleigh artist, prepared and submitted a model 
to the committee and the convention approved Browne's design on June 22, 1 86 1 . 
The Browne model differed significantly from the original design proposed by 
Colonel Whitford. The law creating the new state flag included this description: 

The Flag of North Carolina shall consist of a red field with a white star in the 
centre, and with the inscription, above the star, in a semi-circular form of "May 
20th, 1775, " and below the star in a semi-circular form, of "May 20th, 1H61. " 
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. [Rati fed the 22 nd day of June, 1 861 J 



This state flag was 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 version of the flag existed until 1885, when the General 
Assembly adopted a new design. General Johnstone Jones introduced the bill to 



34 

redesign the state flag on February 5, 1885. The measure passed its final reading 
one month later after little debate: 

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, con- 
taining 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 proportioned 
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 perpendicular length of the union, and the total 
length of the flag shall be one-third more them 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. J 775, " and that below the star there shall be sitnilar 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 the document's authenticity was in question at the time. 
The second date appearing on the state flag of 1861, "May 20th, 1861," com- 
memorated North Carolina's secession from the Union. When a new flag was 
adopted in 1 885, this date was replaced with "April 1 2th, 1 776" to commemorate 
the Halifax Resolves, which had placed North Carolina in the very front ranks of 
those colonies fighting for independence from Britain. 

From 1885 to 1991, there was no change in our state flag. The 1991 General 
Assembly made minor changes to the flag, changing the length of the flag from 
1/3 of its width to 1/2. It also deleted the commas before the year dates. Public 
use of the flag has become more common. A 1907 General Assembly act requires 
state flag displays at all state institutions, public buildings and court houses. 

State Bird 

The cardinal was selected by popular choice as North Carolina's official State 
Bird on March 4. 1943 (Session Laws, 1943 c. 595; G.S. 145-2). Also known as 
the winter redbird, the cardinal is a year-round resident of North Carolina and is 
one of the most common birds that inhabit our state's 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 conspicuously crested and the large stout bill is red. The 



35 



female cardinal is much duller in color with 
the red confined mostly to the crest, wings and 
tail. There are no seasonal changes in the car- 
dinal's plumage. 

Male and female cardinals alike are 
renowned as a song birds. The cardinal's nest 
tends to be a rather an untidy affair built of 
weed stems, grass and similar materials in low 
shrubs, small trees or bunches of briars, gener- 
ally not over four feet above the ground. 
Cardinals in North Carolina typically set three 
eggs each spring. Further north, cardinals tend 
to set four eggs in spring. Seeds are the main- 




The Cavdinal 
stay of the cardinal's diet, but it will also eat small fruits and insects. 




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 uncom- 
mon. 



White DogLiood Blossom 



State Insect 

The General Assembly of 1973 designated 
the industrious honey bee as the official State 
Insect (Session Laws, 1973, c. 55). This indus- 
trious creature is responsible for the annual 
production of more than $552,000 worth of 
honey in the state. The North Carolina 
Department of Agriculture estimates that, in 
1997, North Carolina had nearly 8,000 honey- 
producing bee colonies maintained by apicul- 
turists throughout the state. The department 

also estimates that each colony produced an H B^e 

average of 58 lbs. of honey that year, a 
statewide honey output estimated for the year at 464,000 lbs. However, the great- 




36 

est value of honey bees is their role in the growing cycle as a major contributor to 
the pollination of North Carolina crops. 



State Tree 

The pine tree was officially designated as the State Tree by the General 
Assembly of 1963. (Session Laws, 1963, c.41 ) The pine is the most common tree 
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 state's economy centered on prod- 
ucts derived from the pines that grew through- 
out North Carolina. Many of the crucial naval 
stores — resin, turpentine and timber — needed 
by British and American merchant mariners 
and the navies of both nations came from 
North Carolina. North Carolina remains a 
major cultivator of pine trees and producer of 
pine tree products, particularly in the building 
industry. The state has also become a major 
source of Christmas trees for the entire nation. 
The North Carolina Department of Agriculture 
estimates that the state's 1,600 commercial evergreen growers sold $78 million 
worth of Christmas trees, wreaths, roping and greenery in 1996. Most of the 
state's Christmas trees are raised in Ashe, Avery, Alleghany, Watauga and Jackson 
counties in the North Carolina mountains. 




Puts Tree 



State Manunal 

The General Assembly of 1969 designated the gray squirrel as the official 
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 hardwood forests 
of the piedmont and western counties." This 
tree-dwelling rodent thrives equally well in an 
"untouched wilderness" environment and in 
urban areas and suburbs. To the delight of hik- 
ers 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 {Taniiascurns) whenever the two 
species meet. The gray squirrel is not a picky 




Gray Sqmirel 



37 

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 sum- 
mer, his diet consists of "new growth and fruits*' supplemented by early corn, 
peanuts, and the occasional insect. Many squirrels in cities supplement their nat- 
ural diet with raids on bird feeders. 

State Toast 

The following toast was officially adopted as the State Toast of North 
Carolina by the General Assembly of 1957 (Session Laws, 1957, cJ77): 



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 gal ax 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! 



State Motto 

The General Assembly of 1 893 (chapter 145) adopted the words "Esse Ouam 
Videri" as the state's official motto. The legislators directed that these words, 
along with the date "20 May, 1 775," be placed with North Carolina's coat of arms 
upon the Great Seal of the State of North Carolina. "Esse Quam Videri" means 
"to be rather than to seem. " Nearly every U.S. state has adopted a motto, gener- 
ally in Latin. North Carolina's motto is quoted from Cicero's essay on friendship 



38 

(Cicero de Amnicitia, Chapter 26). Until the 1893 act. North Carolina had no 
motto. It was one of the few states which did not have a motto and the only one 
of the orininal thirteen without one. 



State Precious Stone 

The General Assembly of 1973 desig- 
nated 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 
ErrEvald of New York, was also found at Hiddenite in 

1 970. When cut to 13.14 carats, the stone was valued at the time at $ 1 00,000 and 

became the largest and finest cut emerald on this continent. 



^^^^^H 




1 i 


IL 


■ifc^ 


31 



Salt Water Fish 

The General 

Assembly of 1971 desig- 
nated the Channel Bass 
(Red Drum) as the offi- 
cial State Salt Water Fish 
{Session laws, 1971, 
c.274; G.S. 145-6). 
Channel bass can usually 
be found in large num- 
bers along the Tar Heel 
coastal waters. The N.C. 
Division of Marine 
Fisheries lists the current 
state saltwater record and 
world all tackle record 
for a red drum was a 94- 
Ib. specimen caught on 
Hatteras Island in 1984. 
Other channel bass taken 
off the North Carolina 




Channel Bass and Sootd? Bonnet 



39 



coast have weighed up to 75 pounds, ahhough most large catches average 
between 30 and 40 pounds. North Carolina currently limits sport anglers to no 
more than five channel bass longer than 18 inches per day and one per day over 
27 inches. The state does not permit sales of channel bass over 27 inches. The 
N.C. Division of Marine Fisheries estimates that anglers landed 35,061 channel 



bass totalling 



94,136 lbs. in 1996. 



State Shell 

The General Assembly of 1965 designated the Scotch Bonnet (pronounced 
bonay) as the State Shell (Session Laws, 1965, c. 681 ). A colorful and beautiful- 
ly-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 off- 
shore commercial fishermen. 



State Reptile 

The General Assembly of 1979 designated 
the eastern box turtle as the official State 
Reptile of North Carolina (Session Laws. 
1979, c. 154). The turtle is one of nature's 
most useful creatures. Through its dietary 
habits it helps control harmful insect pests. 
The turtle also serves the state as a clean-up 
crew, helping to preserve the purity and beau- 
ty of our natural waters. 

The species, although virtually unchanged 
since prehistoric times, is well-adapted to 
modern environmental conditions. 




Eastern BoK. Turtle 



State Rock 

The General Assembly of 1979 designated 
granite as the official State Rock (Session 
Laws, 1979, c.906). North Carolina has been 
blessed with an abundant source of "the noble 
rock," granite. The largest open-face granite 
quarry in the world, measuring one mile long 
and 1,800 feet in width, lies near Mount Airy 
in Surry County. Granite from this quarry is 
unblemished, gleaming and has few interfer- 
ing seams to mar its splendor. The high quali- 
^ r^ J. ^ ty of this granite allows its widespread use as 

^ ^ ^ -" a building material, in both industrial and lab- 

oratory applications where super-smooth surfaces are necessary. North Carolina 




40 

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 court- 
houses throughout the land. Granite is a symbol of strength and steadfastness, 
qualities characteristic of North Carolinians. 



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 its immediate neighbor to the 
north, Virginia, and Wisconsin, the nation's number one dairy state. North 
Carolina ranks 20th among dairy producing states in the nation. The state's dairy 
farmers produced 127 million gallons of milk in 1996. The annual income from 
this production amounted to nearly $213 million in 1996. North Carolinians con- 
sume over 143 million gallons of milk every \ear. 




Shad Boat 

State Historic Boat 

The General Assembly of 1987 adopted the shad boat the official State 
Historic Boat (Session LaM\s, 1987, c. 366). The shad boat, first developed on 



41 

Roanoke Island, is known for its unique crafting and high maneuverability. The 
boat's name is derived from the fish it was used to catch ~ the shad. Traditional 
small sailing craft were generally ill-suited to the waterways and weather condi- 
tions along the North Carolina coast. The shallow draft of the shad boat, plus its 
speed and easy handling, made it ideal for use in the state's upper northeast 
sounds where the water was shallow and the weather changed rapidly. Shad 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 expen- 
sive that production of the shad boat ended in the 1930s, although they were wide- 
ly used into the 1950s. The boats were so well constructed that some, nearly 100 
years old, are still seen around Manteo and Hatteras. The North Carolina 
Maritime Museum in Beaufort also has a shad boat in its historic boat collection. 




^> 



^.J& 



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 originated in the mountains of 
North Carolina around 1 750 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 leg- 
endary hunting dog known as a coura- 
geous fighter and tenacious tracker. 
He is also a gentle and extremely loyal 
companion to North Carolina's Plott Haind 

hunters. The Plott hound is very quick, 

has 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. 




State Name and Nicknames 

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 older northern settlement, North Carolina. 
From this came the nickname the "Old North State." 

During its early history. North Carolina was best-known for products derived 
from pine trees, particularly tar pitch and turpentine, which were crucial naval 
supplies in the days of wooden sailing ships. A popular state legend holds that, 



42 



during the First Battle of Manassas in 1 86 1 , a ciiarge by federal troops against part 
of the Confederate army's lines broke through a Virginia regiment, causing its sol- 
diers to flee to the rear in panic. The North Carolina regiments holding the line 
next to the shattered Virginia regiment, however, held their ground, stemming the 
Union Army's breakthrough. 

After the battle the North Carolinians, who had successfully fought it out 
alone, were greeted by the chagrined 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 Jeff's bought it all up." 

■'Is that so? What is he soing to do with it?" the Virginians asked. 
"He is going to put it on you-uns' heels to make you stick better in the ne.xt 
fight!" 

R.B. Creecy claims that General Robert E. Lee, upon hearing of the incident, 
said: "God bless the Tar Heel boys," and that the name stuck to all North Carolina 
troops serving in the Army of Northern Virginia afterwards. (Adapted from 
Grandfather Tales of North Carolina by R.B. Creecy and Histories of North 
Carolina Regiments, Vol. Ill, by Walter Clark). 

State Colors 

The General Assembly of 1945 declared the shades of red and blue found in 
the North Carolina state flag and the United States flag as the official state colors. 
(Session Laws, 1945, c. 878). 



State Vegetable 

The General Assembly of 1995 
designated the sweet potato as the offi- 
cial State Vegetable {Session Laws, 
1995, C.52I). A staple of the tradition- 
al North Carolina diet since pre- 
Columbian times, the sweet potato is a 
nutritious source of vitamins A and C, 
as well as being low in fat. North 
Carolina is the largest producer o\^ 
sweet potatoes in the United States. 
According to the N.C. Department o\^ 
Agriculture, North Carolina growers 

raised 4.34 billion lbs. of sweet potatoes in 1996. That year's crop generated $53 

million in cash receipts. 




Siwet Potato 



43 

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 



(Traditional air as sung in 1926) 



WiLUAM Gaston 

With spirit 



COIXECTED AND ARRANGED 

BY Mrs E. E. Randolph 



mn \ i j =^j^^jEgn^ 




1. Car - li na' Car 

2. Tho' she en vies not 



h na' heaven's bless ings at tend her. 

oth - ers, their mer it - ed glo ry, 

3. Then let all those who. — love us, love the land that we live in, 

M ' ^ " I * * *^->- - - - 



^m 



i^iii^ 



^ 



m 



^ 







•^ t> 17 -- 



WhiTe we live we will cher ish. pro tect and de fend her. Tho the 

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

As hap  pv a re  pon as, on this side of heavers Where 



SS" ,-t33S 





t^^immi^^ 




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 pression. Who can yield to just 
pjen ty anji^ peace, love an_d j_oy smile be • forejis. Rai^se aloud, raise ,Jo- 



^FJ^1?TP -^ 



^^- 



M^M 





3 



1 



Chorus 



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. 



^fimmmM 



Hur rah' 



the 



^m 



Spfr^H 



^ V 



rit. 



h pf ^ ^iim ^mmm 




Old North Sui« for  ev 

~0t — m- 



Hur • rah! Hur rah! the good Old North SlaU 



44 

Si cite Capitol 

The North Carolina State Capitol is one of the finest and best-preserved 
examples of Greek Revival architecture incorporated in a civic building. Prior to 
1792. North Carolina legislators met in various towns throughout the state, gath- 
ering most frequently in Halifax, Hillsborough and New Bern. Meetings were 
held in local plantation houses, court houses and even churches. When Raleigh 
was founded as the permanent seat of North Carolina's state government in 1 792, 
a two-story brick State House was built on Union Square and opened in 1796. 

The State House was enlarged between 1820 and 1824 by state architect 
William Nichols. The project added a third floor, eastern and western wings, and 
a domed rotunda at the building's center. The rotunda housed a statue of President 
George Washington by sculptor Antonio Canova, acquired by the state in 1821. 
When the State House burned down on June 21, 1831, the statue was damaged 
beyond repair. 

The General Assembly of 1832-33 ordered that a new capitol be built as an 
enlarged version of the old State House. The new capitol would be a cross-shaped 
building with a central, domed rotunda. The assembly appropriated $50,000 for 
construction and appointed a building committee to manage the project. The com- 
mission first hired William Nichols. Jr,. to draft plans for the building. In August 
of 1833, however, the committee replaced Nichols with distinguished New York 
architects Ithiel Town and Alexander Jackson Davis. Town and Davis altered the 
earlier design dramatically and developed a plan which gave the capitol its pres- 
ent appearance. 

David Paton (1802-1882), an architect born in Edinburgh, Scotland, and for- 
mer associate of the noted English architect Sir John Soane, was hired in 
September, 1834, to supervise construction of the capitol. Paton replaced Town 
and Davis as the project architect in early 1 835. The Capitol was completed under 
Paton's direction, except for the exterior stone walls, which were largely in place 
when he arrived in Raleigh. Paton made several modifications to the Town and 
Davis plans for the interior. Among the changes were the canti levered gallery at 
the second floor level of the rotunda, the groined masonry vaulting of the first 
floor offices and corridor ceilings, and the interior arrangement of the east and 
west porticoes. 

The new Capitofs cornerstone was set in place on July 4. 1 833. After the ini- 
tial foundation was laid, however, work on the project progressed slowly. The 
original appropriation for construction was soon exhausted. The next session of 
the General Assembly authorized an additional appropriation of $75,000 to con- 
tinue work on the new Capitol. This phase of the project employed a large num- 
ber of skilled artisans from Scotland. 

Most of the Capitofs architectural details, including the columns, mouldings, 
ornamental plasterwork and ornamental honeysuckle atop the dome, were care- 
fully patterned after features of Greek temples. Its Doric e.xterior columns are 



45 




North Carolina State Capitol 

modeled after those of the Parthenon. The House of Representatives chamber imi- 
tates the semi-circular plan of a Greek amphitheater and its architectural orna- 
mentation is Corinthian (Order of the Tower of the Winds). The Senate chamber 
follows the Ionic Order of the Erechtheum. The only non-classical parts of the 
building are two large rooms on the third floor which were finished in the Gothic 
style that was just beginning to gain popularity in American architectural circles. 

The ornamental ironwork, plasterwork, chandeliers, hardware and marble 
mantels of the Capitol came from Philadelphia. Raleigh cabinetmaker William 
Thompson crafted the desks and chairs in the House and Senate chambers. The 
Capitol was completed in 1840 at a total cost (including furnishings) oi' 
$532,682.34 - an equivalent of more than three times the state's yearly general 
revenues at the time. 

The Capitol housed all of state government until the late 1880s. Today the 
building's only official occupants are the governor and the lieutenant governor. 
The N.C. Supreme Court moved to its own building in 1888 and in 1963. ihc 
General Assembly moved into the newly-constructed Legislative Building. 

A thorough renovation of the Capitol in 1971 replaced the leaky copper roof, 
cleaned and sealed the exterior stone and repainted the rotunda. More recent 



46 

preservation efforts have focused on repairing plasterwork damaged by roof 
leaks, replacing obsolete wiring and plumbing, installing new, less conspicuous 
heating and cooling systems in the upper tloors, replacing worn carpets and 
draperies and repainting the rest of the interior. 

in 1970 the state acquired a duplicate of the original marble statue of 
Washington by Canova which is located in the rotunda of the Capitol. In niches 
around the rotunda are busts of three North Carolina governors — John M. 
Morehead, William A. Graham, and Samuel Johnston — and United States 
Senator Matthew W. Ransom. During late 1988 and early 1989. extensive land- 
scaping and grounds renovations were undertaken to enhance the beauty of the 
Capitol and to improve its visibility. Memorials to North Carolinians who served 
in World War II and the Vietnam War were also added in the 1980s and 1990s. 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. 



47 

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 provide adequate quarters for legislators and staff. The act 
created a building commission of seven people: two who had served in the N.C. 
Senate and were appointed by the president of the Senate; two who had served in 
the N.C. House of Representatives and were appointed by the speaker of the 
House; and three appointed by the governor. 

The commission chose Edward Durell Stone of New York and John S. 
Holloway and Ralph B. Reeves, Jr., of Raleigh as architectural consultants for the 
project. After a thorough study, the commission selected a 5.5-acre site one block 
north of the capitol for the new building. This site, which encompasses two city 
blocks, is bounded by Jones, Salisbury, Lane and Wilmington streets. A section 
of Halifax Street between Jones and Lane was closed to tie the two blocks togeth- 
er. Bids on the new building were received in December, 1960, and construction 
began in early 1961. 

The 1961 General Assembly appropriated an additional one million dollars 
for furnishings and equipment, bringing the total appropriation for the new 
Legislative Building to $5.5 million - $1.24 for each citizen of North Carolina 
based on 1960 census figures. 

The consulting architects provided this detailed description of the new build- 
ing: 

77?^ State Legislative Building, though not an imitation of historic 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 fortning a colonnade encompassing the 
building and reaching 24 feet from the podium to the roof of the second froor 

Lnset in the south podium froor, at the main entrance, is a 28 foot diameter ter- 
razzo mosaic of the Great Seed of the State. From the first froor main entrance (on 
Jones Street) the carpeted 22froot wide main stair extends directly to the third 
froor 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 budding. These 
courts contain tropical plants, and three have pools, fountains, and hanging 
planters. The main froor areas of the courts are located on the frrst froor and gal- 
leries overlook the courts from the mezzanine froor The skylights which provide 
natural lighting are located within the roof gardens overhead. The courts provide 
access to committee rooms in the frrst froor the legislative chambers in the sec- 
ond froor and to members ' offices in both froor s. 

The Senate and House chambers, each 5,1 HO square feet in area, occupy the 
east and west wings of the second froor Following the traditional relationship of 
the two chambers in the Capitol, the two spaces are divided by the rotunda; and 



48 




L e^LuiiE Bialding 

M'hen the main brass doors arc open, the tMO presiding officers face one another 
Each pair of brass doors weighs 1,500 pounds. 

The five pyramidal roofs covering the Senate and House chambers, the audi- 
torium, 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 coffered ceiling; and inside the coffered patterns are con- 
centric 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 J 2 foot diameter chandelier 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, dog- 
woods, crabapples, magnolias, crepe myrtles, and pines. 

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



49 

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. 

Renovations to the Legislative Building in the 1980s created more office 
space and expanded the meeting room facilities to meet the needs of the General 
Assembly's various committees. The Legislative Office Building opened across 
Jones Street from the Legislative Building in 1982. Nearly half of the members of 
each house moved to new offices in the building, as well as several of the support 
divisions of Legislative Services. 

The area around the Legislative Building has changed dramatically since it 
opened in the 1960s. The west side of the building now opens onto a majestic 
plaza several block long and ringed by government office buildings constructed 
in the 1960s, 1970s and 1980s. The east side of the building now faces the North 
Carolina Museum of History and the new North Carolina Museum of Natural 
History, which was still under construction in early 1998. 



50 

Executive Mcnisiou 

North Carolina has not always provided an official home for its governors and 
their families. Prior to 1770. the governor lived wherever he chose at his own 
expense. It was not until 1767 that the General Assembly authorized the con- 
struction of the first permanent official residence. Designed by English architect 
John Haw ks and built between 1 767 and I 770, Trvon Palace in New Bern, named 
for Royal Governor William Tryon, became one of the most admired public struc- 
tures in North America. Tryon Palace, however, served as a formal gubernatorial 
residence for only a short time. Abandoned by Tryon when the Revolution erupt- 
ed, the palace was adopted as the new state's capitol. A fire in 1798 leveled the 
entire structure except for the west wing. The present structure, a popular historic 
attraction in its own right, is largely a 1950 reconstruction based on Hawks' orig- 
inal plans, as well as archaeological research. 

Shortly after Raleigh was selected as the permanent seat of state govern- 
ment in 1 792, the legislature enacted a law requiring the governor to reside there. 
Samuel Ashe of New Hanover County, elected in 1794, was the first governor to 
come under this law. Ashe was reluctant to undertake the construction of a new 
gubernatorial residence, "'(it) was never supposed that a Man annually elected to 
the Chief Magistracy would commit such folly as to attempt the building of a 
House at the seat of Government in which he might for a time reside," he wrote 
in a letter to the legislature. The General Assembly committee addressed by 
Ashe's letter assured him that the law, enacted before he was elected governor, 
could be considered "as a condition under the encumbrance of which he accepted 
the appointment." 

The General Assembly took steps to provide a suitable dwelling for the state's 
chief executive. It instructed the state treasurer to purchase or lease a house. In 
1797, a plain, two-story frame building painted white and an office for the gov- 
ernor were erected on lot 131, the southwest corner of Fayetteville and Hargett 
Streets. The house proved hopelessly inadequate. In an 1810 letter. Governor 
Benjamin Smith grumbled that the structure was "in such order that it is agreed 
by all who view it, not to be fit for the family of a decent tradesman, and certain- 
ly none could be satisfied; even if safe in it...'' 

To remedy this situation, the General Assembly of 1813 appointed a commit- 
tee to provide better facilities. The committee members selected a site at the foot 
of Fayetteville Street facing the old State House. An elaborate brick structure with 
white-columned porticoes was completed in 1816 and Governor William Miller 
became the first occupant of the Governor's Palace. 

Twenty succeeding governors resided in the "Palace," as it came to be cyni- 
cally termed. Many of the state's most notable historical events took place there. 
General Lafayette was an overnight guest in 1 825. Several sessions of the General 
Assembly were held in the building following the burning of the State House in 
1831. 



51 




Exeaitiw Mansion 

Zebulon Baird Vance was the last governor to occupy the structure, abandon- 
ing it at the close of the Civil War to avoid capture by the Union Army. General 
William T. Sherman and his staff were quartered in the palace during the spring 
of 1865. The unwelcome guests undoubtedly injured the pride of local citizens, 
but caused only minor damage to the palace itself. 

Years of neglect, however, had made the palace unattractive to governors and 
their families. During the Reconstruction period until the completion of the pres- 
ent Mansion in 1891, chief executives and their families rented houses or hotel 
rooms in Raleigh. Two governors of the period simply continued to live in their 
own homes. From 1871 to 1891, a noted Raleigh hotel, the Yarborough House, 
served as the unofficial residence for several governors. 

Governor Vance was re-elected to office in 1877. In 1879, a commission 
appointed two years earlier by the General Assembly to investigate the possibili- 
ties of providing a suitable residence for North Carolina's governors issued a 
report of its findings. Proceeds from the sales of unused state lands in the Raleigh 
area were earmarked for construction of a house and outbuildings suitable for ihc 
governor. 

The General Assembly finally approved the decision to build the present 



52 

Executive Mansion in 1883. thanks to the efforts and perseverance of Governor 
Thomas J. Jarvis ( 1879-1885). The legislature authorized construction of a house 
on Burke Square, provided some furnishings and required the governor to occu- 
py it upon its completion. The assembly directed the governor to use convict labor 
and building materials "'manufactured or prepared, either in whole or in part" at 
the penitentiary whenever feasible. 

The penitentiary board, realizing the law required it to furnish the major por- 
tion of labor and materials for the Executive Mansion, authorized the warden to 
make a contract for $25,000. The Council of State accepted this arrangement. 
Two months after passage of the bill, the Council of State met with the governor 
to discuss fmancing the project. Expenditures were not to exceed the funds avail- 
able and money spent by the governor and council was to be placed in an item- 
ized account under the strict supervision of the state auditor. 

David Paton, who had supervised the completion of the state capitol nearly 
half a century earlier, was initially recommended as the project's architect. 
Because of the architect's advanced age. however, he was passed over for the 
assignment. The council selected Samuel Sloan of Philadelphia and his assistant, 
Gustavus Adolphus Bauer, as project architects. Sloan delivered his proposed 
designs to the committee personally when he arrived in Raleigh on April 28, 
1883. The plans called for an three-story. Queen Anne-style building. On May 7, 
the committee accepted Sloan's designs with minor modifications. 

Using inmate labor and materials produced at the state penitentiary proved 
not to be as frugal an idea as state officials first thought. In November, 1889, 
before the mansion was even occupied, repair and preservation work had already 
begun with "certain exterior and interior painting" of the woodwork. Most con- 
temporary accounts of the newly-completed mansion emphasized its deplorable 
condition, including cheap plumbing and dirt used as soundproofing beneath 
floors. The third floor and basement had been left unfinished. 

The mansion was finished in late 1890. but Governor Daniel Fowle (1889- 
1891 ) did not move in until early January, 1891. He was particularly anxious to 
occupy the house in view of earlier attempts to abandon it as a residence for the 
governor. Fowle brought his own furniture to the mansion, setting a precedent fol- 
lowed for many years before the house was adequately furnished. Much of the 
money originally set aside to furnish the mansion had been siphoned off to cover 
mounting construction costs. 

Elias Carr was the first governor to live in the mansion for a full four-year 
term ( 1893-1897). Like his predecessors, he found the house in need of furnish- 
ings and repairs. The legislature allocated funds in February, 1893, to complete 
the mansion and make interior improvements. Two years later, another appropri- 
ation made landscaping the grounds possible. 

Shortly after the inauguration of Governor Daniel Russell (1897-1901), the 
General Assembly appointed a committee to examine the mansion and recom- 



53 




Interior, ExeoAtizE Mansum 

mend needed alterations. The committee found that minor repairs were needed 
and promptly introduced a resolution to provide the necessary money. In March, 
1897, an appropriation of $600 was allotted for the mansion's upkeep. 

As frequently seemed the case with new governors, Thomas Bickett's term 
(1917-1921) began with an inspection of the mansion and recommendations for 
improvement. Mrs. Bickett submitted suggestions for interior renovations by 
architect James A. Salter, along with his estimates of the cost of the proposed ren- 
ovations. As preparations were made for Governor Angus W. McLean's residence 
in the mansion (1925-1929), the previous renovations were pronounced inade- 
quate. Sentiment for removing the house and landscaping Burke Square as a pub- 
lic park was once again aroused. Secretary of State W. N. Everett halted the move- 
ment. He had made his own examination and reported that major repairs were 
needed to provide the governor with a comfortable dwelling. Everett suggested a 
sum of $50,000 for repairs and new furnishings. Although this action was taken 
without McLean's knowledge, upon learning of it, he soon became active in seek- 
ing the appropriation. 

Their case was strengthened by a State Board o{ Health inspection report 
issued in February, 1925, shortly after McLean's inauguration. The inspection 
report was startling, noting that the management of a hotel receiving such a bad 



54 

rating would be subject to criminal indictment. The principal deductions in scor- 
ing were tor uncleanliness. Dust pervaded the mansion, covering the woodwork, 
filming the furniture and stilling the air. Governor Fowle's contemporaries had 
described clouds of dust billowing up from the floor with every footstep. The first 
floor walls and floors were unsound and the ornate plasterwork was disintegrat- 
ing in some areas. The upstairs floors, composed of uneven, shoddy boards, had 
half-inch cracks. 

The architectural firm of Atwood and Nash carried out extensive renovations 
to the mansion. Their work vastly improved the mansion, saving it from further 
deterioration and correcting many of the defects caused by the use of prison labor 
and materials in the original construction. A newspaper account, lauding 
Governor McLean's accomplishments, claimed that renovating a building con- 
sidered eligible for demolition had saved the state more than a third of a million 
dollars. 

Later administrations made further improvements to the mansion. An elevator 
was installed, air conditioning units were placed in some rooms and a bomb shelter 
was added during Governor Luther H. Hodges" temi (1954-1961 ). Mrs. Terry Sanford 
added many antique furnishings during her husband's term of office (1961-1965). 

A legislative appropriation of $58,000 in the late 1960s financed renovation 
of the institutional kitchen facilities, providing a new food freezer, expansion of 
the food preparation area to the basement and a dumbwaiter-conveyor 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 constructed 
around the perimeter of Burke Square in early 1969. 

In May, 1973, the General Assembly ordered another round of repairs. This 
renovation was the most extensive in the history of the Executive Mansion. The 
General Assemblies of 1973 and 1975 appropriated $845,000 to complete the 
project. Governor James E. Holshouser, Jr., and his family moved out of the man- 
sion to a temporary home in the Foxcroft subdivision of Raleigh for eight months 
while interior renovations were carried out by F. Carter Williams, a local archi- 
tectural firm. Today, North Carolina's Executive Mansion draws 50,000 visitors 
each year. 



Chapter Three 

North Carolina's 
Constitution 



Our Constitutions: An Historical Perspective 

By John L. Sanders 

Former Director 

Institute of Government 

The University of North Carolina at Chapel Hill 

Constitution of 1776 

Drafted and promulgated by the Fifth Provincial Congress in December, 
1776, without submission to the people, the Constitution of 1776 and its separate, 
but accompanying. Declaration of Rights sketched the main outlines of the new 
state government and secured the rights of the citizen from government interfer- 
ence. While the principle of separation of powers was explicitly affirmed and the 
familiar three branches of government were provided for, the true center of power 
lay in the General Assembly. That body not only exercised full legislative power; 
it also chose all the state executive and judicial officers, the former for short terms 
and the judges for life. 

Profound distrust of the executive power is evident throughout the document. 
The governor was chosen by the legislature for a one-year term and was eligible 
for only three terms in six years. The little power granted him was hedged in many 
instances by requiring the concurrence of a seven-member Council of State, cho- 
sen by the legislature, for its exercise. 

Judicial offices were established, but the court system itself was left to leg- 
islative design. No system of local government was prescribed by the constitu- 
tion, although the offices of justice of the peace, sheriff, coroner and constable 
were created. 

The system of legislative representation was based on units of local govern- 
ment. The voters of each county elected one senator and two members of the 
House of Commons, while six (later seven) towns each elected one member of the 
lower house. It was distinctly a property owner's government, for only landown- 
ers could vote for senators until 1857 and progressive property qualifications 
were required of members of the house, senators and the governor until 1868. 
Legislators were the only state officers elected by the people until 1836. 

The Convention of 1835 

Dissatisfaction with the legislative representation system, which gave no 
direct recognition to population, resulted in the Convention of 1835. Extensive 



56 

constitutional amendments adopted by that convention were ratified by a vote of 
the people — 26,771 to 21,606 — on November 9, 1835. The 1835 amendments 
fixed the membership of the Senate and House of Commons at their present lev- 
els, 50 and 120. The new house apportionment formula gave one seat to each 
county and distributed the remainder of the seats — nearly half of them at that time 
— according to a mathematical formula favoring the more populous counties. 
From 1836 until 1868, senators were elected from districts laid out according to 
the amount of taxes paid to the state from the respective counties, thus distribut- 
ing senatorial representation in direct proportion to property values. 

The Amendments of 1 835 also instituted popular election of the governor for 
a two-year term, greatly strengthening that office; relaxed the religious qualifica- 
tions for office holding; abolished suffrage for free black residents; equalized the 
capitation tax on slaves and free white males; prohibited the General Assembly 
from granting divorces, legitimating persons or changing personal names by pri- 
vate act; specified procedures for the impeachment of state officers and the 
removal of judges for disability; made legislative sessions biennial instead of 
annual; and provided methods of amending the constitution. Following the prece- 
dent established in amending the United States Constitution, the 1835 amend- 
ments were appended to the Constitution of 1776, not incorporated in it as is the 
modern practice. 

In 1857. voters approved the only amendment submitted to them between 
1836 and 1868. The amendment - approved by a 50,095 to 19,382 vote - abol- 
ished the 50-acre land ownership requirement for voters to cast ballots in state 
senate races. The constitutional change opened that ballot to all white male tax- 
payers, greatly increasing the number of North Carolinians eligible to vote for 
senators. 

77?^ 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 adopted a dozen constitu- 
tional amendments. These changes were promulgated by the convention without 
submitting them for voter approval, a procedure permitted by the state constitu- 
tion until 1971. 

The Convention of 1865-66 

The Convention of 1865-66, called by the provisional governor on orders of 
the President of the United States, nullified secession and abolished slavery, with 
voter approval, in 1865. It also drafted a revised state constitution in 1866. That 
document was largely a restatement of the Constitution of 1776 and the 1835 
amendments, plus several new features. It was rejected by a vote of 21,770 to 
19,880 on August 2, 1866. 



57 

The Convention of 1868 

The Convention of 1868, called upon the initiative of Congress, but with a 
popular vote of approval, wrote a new state constitution which the people ratified 
in April, 1868, by a vote of 93,086 to 74,016. Drafted and put through the con- 
vention by a combination of native Republicans and a few carpetbaggers, the con- 
stitution was highly unpopular with the more conservative elements of the state. 
For its time, it was a progressive and democratic instrument of government. In 
this respect it differed markedly from the proposed Constitution of 1866. 

The Constitution of 1868 was an amalgam of provisions copied or adapted 
from the Declaration of Rights of 1776, the Constitution of 1776 and its amend- 
ments, the proposed Constitution of 1866 and the constitutions of other states, 
together with some new and original provisions. Although often amended, a 
majority of the provisions in the 1868 constitution remained intact until 1971. The 
Constitution of 1971 brought forward much of the 1 868 language with little or no 
change. 

The Constitution of 1 868 incorporated the 1 776 Declaration of Rights into the 
Constitution as Article I and added several important guarantees. The people were 
given the power to elect all significant state executive officers, all judges and all 
county officials, as well as state 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, while the 1835 house apportionment 
plan was retained. Annual legislative sessions were restored. 

The executive branch of government was strengthened by popular election of 
most department heads 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 specified in the constitution. The distinctions 
between actions at law and suits in equity were abolished. 

For the first time, detailed constitutional provision was made for a system of 
taxation and the powers 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 town- 
ship 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 thereupon resorted to legislative initiative to amend 
the constitution. That procedure called for legislative approval of each proposed 
amendment at two successive sessions, followed by a vote of the people on the 



58 

amendment. The 1 87 1 -72 legislative session adopted an act calling for about three 
dozen amendments to the constitution, all of which were intended to restore to the 
General Assembly the bulk of the power over local government, the courts, and 
the public schools and the University of North Carolina that had been taken from 
it by the Constitution of 1 868. 

The 1872-73 session of the General Assembly approved eight of those 
amendments for the second time and submitted them to a popular referendum. 
Voters approved all eight in 1873 by wide margins. These amendments restored 
biennial sessions of the General Assembly, transferred control of the University 
of North Carolina from the State Board of Education to the General Assembly, 
abolished various new state offices, altered the prohibition against double office- 
holding and repealed the prohibition against repudiation of the state debt. 

The Cofivenfion of 1875 

In 1875, the General Assembly called a convention of the people to consider 
constitutional revision. This action was not confirmed by popular referendum and 
none was constitutionally required at the time. The Convention of 1 875 (the most 
recent in the state's history) sat for five weeks in the fall of that year. It was a lim- 
ited convention that had been specifically forbidden to attempt certain actions, 
such as reinstatement of property qualifications for office-holding or voting. 

The Convention of 1875 adopted — and the voters on November 7, 1876, 
approved by a vote of 120,159 to 106,554 — a set of 30 amendments affecting 36 
sections of the state constitution. These amendments (which took effect on 
January 1, 1877): 

Prohibited secret political societies. 

Moved the legislative convening date from November of even-numbered 
years to January of odd-numbered years. 

Fixed in the constitution for the first time the rate of legislative compen- 
sation. 

Called for legislation establishing a state Department of Agriculture. 

Abandoned the simplicity and uniformity of the 1868 court system by 
giving the General Assembly the power to determine the jurisdiction of 
all courts below the Supreme Court and establish such courts inferior to 
the Supreme Court as it might see fit. 

Reduced the Supreme Court from five to three members. 

Required Superior Court judges to rotate among all judicial districts of 
the state. 

Disqualified for voting persons guilty of certain crimes. 
Established a one-year residency requirement for voting. 



59 

► Required non-discriminatory racial segregation in the public sciiools. 

► Gave the General Assembly full power to revise or abolish the form and 
powers of county and township governments. 

^ Simplified the procedure for constitutional amendment by providing that 

the General Assembly might, by act adopted by three-fifths of each house 
at one legislative session, submit an amendment to the voters of the state 
(thus eliminating the former requirement of enactment by two successive 
sessions of the General Assembly). 

The principal effect of the amendments of 1873 and 1875 was to restore in 
considerable measure the pre- 1868 power of the General Assembly, particularly 
over the state's courts and local governments. Documents from the late 1 9th and 
early 20th centuries occasionally refer to "the Constitution of 1876.'" There was 
no such constitution. The 1875 amendments were simply inserted at the appro- 
priate places in the 1 868 constitution, which continued in this amended form until 
1971. The designation ''Constitution of 1876" may have been intended to relieve 
the 1 868 constitution of the unpopularity heaped on it earlier by Conservative crit- 
ics. 

The amendments framed by the Convention of 1 875 seem to have satisfied 
most of the need for constitutional change for a generation. Only four amend- 
ments were submitted by the General Assembly to the voters throughout the 
remainder of the nineteenth century. Three of them were ratified; one failed. 

In 1900, the suffrage article was revised to add a literacy test and poll ta.\ 
requirement for voting (the latter provision was repealed in 1920). A slate often 
amendments prepared by a constitutional commission and proposed by the 
General Assembly in 1913 was rejected by voters in 1914. With the passage of 
time and amendments, the attitude towards the Constitution of 1 868 had changed 
from resentment to a reverence so great that, until the second third of the 20th 
Century, amendments were very difficult to obtain. Between 1900 and 1933, vot- 
ers ratified 1 5 constitutional amendments and rejected 20 others. During the first 
third of this century, nevertheless, amendments were adopted that lengthened the 
school term from four to six months, prohibited legislative charters to private cor- 
porations, authorized special Superior Court judges, further limited the General 
Assembly's powers to levy taxes and incur debt, abolished the poll tax require- 
ment for voting and reduced the residence qualification for voters. Amendments 
designed to restrict the legislature's power to enact local, private and special leg- 
islation were adopted, but subsequently rendered partly ineffective by judicial 
interpretation. 

The Proposed Constitution of 1 933 

A significant effort at general revision of the state constitution was made in 



60 

1931-33. A constitutional commission created by the General Assembly of 1931 
drafted — and the General Assembly of 1933 approved ~ a revised constitution. 
Blocked by a technicality raised in an advisory opinion of the N.C. Supreme 
Court, the proposed Constitution of 1933 never reached the voters for approval. 
It would have: 

Given the governor veto power. 

Given the power to make all rules of practice and procedure in the courts 
inferior to the Supreme Court to a judicial council composed of all the 
judges of the Supreme and Superior Courts. 

Required the creation of inferior courts by general laws only. 

Removed most of the limitations on the taxing powers of the General 
Assembly. 

Required the General Assembly to provide for the organization and pow- 
ers of local governments by general law only. 

Established an appointive state Board of Education with general supervi- 
sion over the public school system. 

Established an enlightened policy of state responsibility for the mainte- 
nance of educational, charitable and reformatory institutions and pro- 
grams. 

Several provisions of the proposed Constitution of 1933 were later incorpo- 
rated into the constitution by individual amendments. To a limited extent, the pro- 
posed Constitution of 1933 served as a model for the work of the 1957-59 
Constitutional Commission. 

Between the mid- 1930s and the late 1960s, greater receptiveness to constitu- 
tional change resulted in amendments: 



Authorizing the classification of property for taxation. 

Strengthening the limitations upon public debt. 

Authorizing the General Assembly to enlarge the Supreme Court, divide 
the State into judicial divisions, increase the number of Superior Court 
judges and create a Department of Justice under the Attorney General. 

^ Enlarging the Council of State by three members. 

^ Creating a new, appointive State Board of Education with general super- 

vision of the schools. 

^ Permitting women to serve as jurors. 

Transferring the governor's power to assign judges to the Chief Justice of 
the Supreme Court and his parole power to a Board of Paroles. 



► 



► 
► 



61 

Permitting the waiver of indictment in non-capital cases. 

Raising the compensation of General Assembly members and authorizing 
legislative expense allowances. 

► Increasing the general purpose property tax levy limitation and the max- 

imum income tax rate. 

^ Authorizing the closing of public schools on a local option basis and the 

payment of educational expense grants in certain cases. 

The increased legislative and public willingness to accept constitutional 
change between 1934 and 1960 resulted in 32 constitutional amendments being 
ratified by the voters, while only six were rejected. 

The Constitutional Commission of 1957-58 

At the request of Governor Luther H. Hodges, the General Assembly of 1957 
authorized the governor to appoint a fifteen-member Constitutional Commission 
to study the need for changes in the state constitution and to make recommenda- 
tions pursuant to its findings to the governor and the 1959 session of the General 
Assembly. 

The commission recommended rewriting the entire constitution and submit- 
ting it to the voters for approval or disapproval as a unit, since the suggested 
changes were too numerous to be easily effected by individual amendments. The 
proposed constitution drafted by the commission represented in large part a care- 
ful job of editorial pruning, rearrangement, clarification and modernization. It 
also incorporated several significant, substantive changes. The Senate would have 
been increased from 50 to 60 members and the initiative (but not the sole author- 
ity) for decennial redistricting of the Senate would have been shifted from the 
General Assembly to an ex-officio committee of three legislative officers. 
Decennial reapportionment of the House of Representatives would have been 
made a duty of the speaker of the House, rather than of the General Assembly as 
a whole. Problems of succession to constitutional state executive offices and how 
to settle questions of officers' disability would have been either resolved in the 
constitution or had their resolution assigned to the General Assembly. The author- 
ity to classify property for taxation and to exempt property from ta.xation would 
have been required to be exercised only by the General Assembly and only on a 
uniform, statewide basis. The requirement that the public schools constitute a 
"general and uniform system" would have been eliminated and the constitutional 
authority of the State Board of Education reduced. 

Fairly extensive changes were recommended in the judicial article of the con- 
stitution as well, including the establishment of a General Court of Justice with an 
Appellate Division, a Superior Court Division and a Local Trial Court Division. 
A uniform system of district courts and trial commissioners would have replaced 



62 

the existing multitude of inferior courts and justices of the peace. The creation of 
an intermediate Court of Appeals would have been provided for and uniformity 
of jurisdiction of the courts within each division would have been required. Aside 
from these changes, the General Assembly would have essentially retained its 
pre-existing power over the courts, including jurisdiction and procedures. 

The General Assembly of 1959 also had before it a recommendation for a 
constitutional reformation of the court system that had originated with a Court 
Study Committee of the North Carolina Bar Association. In general, the recom- 
mendations of that committee called for more fundamental changes in the courts 
than those proposed by the Constitutional Commission. The extent of the pro- 
posed authority of the General Assembly over the courts was the principal differ- 
ence between the two recommendations. The Constitutional Commission gener- 
ally favored legislative control of the courts and proposed only moderate curtail- 
ment of the General Assembly's authority. The Court Study Committee, howev- 
er, accepted a more literal interpretation of the concept of an independent judici- 
ary. Its proposals, therefore, would have minimized the authority of the General 
Assembly over the state's courts, although structurally its system would have 
closely resembled that recommended by the Constitutional Commission. 

The proposed constitution received extensive attention from the General 
Assembly of 1959. The Senate modified and passed the bill to submit the proposal 
to the voters, but it failed to pass the House of Representatives, chiefly due to dis- 
agreement 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 
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 suc- 
cessful in obtaining enactment of a constitutional amendment, approved by the 
voters in 1962. that created a unified and uniform General Court of Justice for the 
state. Other amendments submitted by the same session and approved by the vot- 
ers: 

^ Provided for the automatic decennial reapportionment of the House of 

Representatives. 

^ Clarified the provisions for succession to elective state executive offices 

and disability determination. 

^ Authorized a reduction in the in-state residence period for voters for 

President. 

^ Allowed increases in the compensation of elected state executive officers 

during their terms. 

^ Required that the power of the General Assembly to classify and exempt 



63 

property for taxation be exercised by it alone and only on a uniform, 
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 50 to 70 members and allocate one 
member of the House of Representative to each county, was rejected by the vot- 
ers. 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 proposed, and the voters approved, amendments 
authorizing the General Assembly to fix its own compensation and revising the 
legislative apportionment scheme to conform to the judicially-established require- 
ment of representation in proportion to population in both houses. 

Constitution of 1971 

From 1869 through 1968, a total of 97 propositions for amending the state 
constitution were submitted to the voters. All but one of these proposals originat- 
ed 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 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 1960s, the pressure for constitutional 
change subsided. Yet, while the frequent use of the 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 prob- 
lems experienced or anticipated. They were generally limited in scope so as to 
achieve the essential goal, while arousing minimum unnecessary opposition. This 
strategy meant amendments sometimes were not as comprehensive as they should 
have been to avoid inconsistency in result. Obsolete and invalid provisions clut- 
tered the constitution and misled unwary readers. Moreover, in the absence of a 
comprehensive reappraisal, there had been no recent occasion to reconsider con- 
stitutional provisions that, while obsolete, were not frustrating or unpopular 
enough to provoke curative amendments. 

The Constitutional Study Commission of 1968 

It was perhaps for these reasons that when Governor Dan K. Moore recom- 
mended 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 bar's response 
was prompt and affirmative. The North Carolina State Bar and the North Carolina 



64 

Bar Association joined to create the North Carolina State Constitution Study 
Commission, a joint agency of the two organizations. The commission's 25 mem- 
bers (fifteen attorneys and ten laymen) were chosen by a steering committee rep- 
resentative of the sponsoring organizations. The chairman of the study commis- 
sion 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 independent 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 dis- 
approved by the voters on a single vote. The compromise procedure developed by 
the commission and approved by the General Assembly was a blend of the two 
approaches. The commission combined, in a revised text of the constitution, all of 
the extensive editorial changes that it thought should be made in the constitution, 
together with substantive changes that the commission judged would not be con- 
troversial or fundamental in nature. These were embodied in the document that 
came to be known as the Constitution of 1971. 

Those proposals for change deemed to be sufficiently fundamental or poten- 
tially controversial in character were set out as independent amendment proposi- 
tions, 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 
cumulated. The separate proposals framed by the commission were ten in num- 
ber, including one extensive revision of the fmance article of the constitution 
which was largely the work of the Local Government Study Commission, a leg- 
islatively-established group then at work on the revision of constitutional and 
statutory provisions pertaining to local government. The amendments were so 
drafted that any number or combination of them might be ratified by the voters 
and still produce a consistent result. 

The General Assembly of 1969, which received the recommendations of the 
State Constitution Study Commission, reviewed a total of 28 proposals for con- 
stitutional amendments. Constitutional revision was an active topic of interest 
throughout the session. The proposed Constitution of 1971, in the course of seven 
roll-call votes (four in the House of Representatives and three in the Senate), 
received only one negative vote. The independent amendments fared variously; 
six were ultimately approved by the General Assembly and submitted to the vot- 
ers. These included the executive reorganization amendment, the fmance amend- 
ment, an amendment to the income tax provision of the constitution, a reassign- 
ment of the benefits of escheats, authorization for calling extra legislative 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 



65 

251,132. Five of the six separate amendments were also approved by the voters; 
the literacy test repeal was rejected. 

The Constitution of 1971 took effect under its own terms on July 1, 1971. So 
did the executive reorganization amendment, 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 taxation, took effect on July 1, 1973. The two-year 
delay in its effective date was required in order for the General Assembly of 1973 
to conform state statutes on local government finance to the terms of the amend- 
ment. 

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 consistency of lan- 
guage will be found in the proposed constitution. Some of the changes are 
substantive, but none is calculated to impair any present right of the indi- 
vidual citizen or to bring about any fundamental change in the power of 
state and local government or the distribution of that power 

The new constitution retained the old fourteen-article organization of its pred- 
ecessor, but the contents of several articles — notably Articles I, II. Ill, V, IX, and 
X — were rearranged into a more logical sequence. Sections were shifted from one 
article to another to arrange the subject matter more appropriately. Clearly obso- 
lete and erroneous text was deleted, as were provisions essentially legislative in 
character. The new constitution sought uniformity of expression where uniformi- 
ty of meaning was important. Directness and currency of language were also 
sought, together with standardization in spelling, punctuation, capitalization and 
other essentially editorial matters. Greater brevity of the constitution as a whole 
was a by-product of the revision, though not itself a primary objective. 

The Declaration of Rights (Article I), which dates from 1 776 (with some 1 868 
additions), was retained with a few additions. The organization of the article was 
improved and the frequently used subjunctive mood was replaced by the impera- 
tive in order to make clear that the provisions of that article are commands and 
not mere admonitions. (For example, "All elections ought to be free" became "All 
elections shall be free.") Guarantees of freedom of speech and equal protection of 
the laws and a prohibition against exclusion from jury service or other discrimi- 
nation by the state on the basis of race or religion were added to the article. Since 
all of the rights newly expressed in the Constitution of 1971 were already guar- 
anteed by the United States Constitution, their inclusion simply constituted an 
explicit recognition by the state of their importance. 

In the course of reorganizing and abbreviating Article III (the Executive), the 



66 

governor's role as chief executive was brought into clear focus. The scattered 
statements of the governor's duties were collected in one section to which was 
added a brief statement of his budget powers, formerly merely statutory in origin. 
No change was made in the governor's eligibility or term or in the list of state 
executives then elected by the people. The governor, lieutenant governor and 
attorney general were added to the Council of State (formerly seven elected exec- 
utives with the governor only serving as presiding officer) as ex-officio members. 

Having been entirely rewritten in 1962, the judicial article (Article IV) was 
the subject of little editorial alteration and of no substantive change. 

The editorial amendments to Article V, dealing with finance and taxation, 
were extensive. Provisions concerning finance were transferred to it from four 
other articles. The former fmance provisions were expanded in some instances to 
make clearer the meaning of excessively-condensed provisions. The only sub- 
stantive change of note gave a wife who is the primary wage-earner in the fami- 
ly the same constitutionally-guaranteed income tax exemption now granted a hus- 
band who is the chief wage-earner; she already had that benefit under statute. 

The revision of Article VI (voting and elections) added out-of-state and fed- 
eral felonies to felonies committed against the State of North Carolina as grounds 
for denial of voting and office-holding rights in this state. The General Assembly 
was directed to enact general laws governing voter registration. 

The provision that had been interpreted to mean that only voters can hold 
office was modified to limit its application to popularly elected offices only. Thus, 
it is left to the legislature to determine whether one must be a voter in order to 
hold an appointive office. 

The Constitution of 1971 prohibits the concurrent holding of two or more 
elective state offices or of a federal office and an elective state office. It express- 
ly prohibits the concurrent holding of any two or more appointive offices or 
places of trust or profit, or of any combination of elective and appointive offices 
or places of trust or profit, except as the General Assembly may allow by gener- 
al law. 

The legislature retained the power to provide for local government, confining 
the constitutional provisions on the subject to a general description of the General 
Assembly's plenary authority over local government and a declaration that any 
unit formed by the merger of a city and a county should be deemed both a city and 
a county for constitutional purposes and a section retaining the sheriff as an elec- 
tive county officer. 

The education article (Article IX) was rearranged to improve upon the former 
hodge-podge treatment of public schools and higher education. Obsolete provi- 
sions — especially those pertaining to racial matters — were eliminated and other 
changes were made to reflect current practice in the administration and financing 
of schools. 

The constitutionally mandated school term was extended from six months (set 



67 

in 1918) to a minimum of nine months (where it had been fixed by statute many 
years earlier). The possibly restrictive age limits on tuition-free public schooling 
were removed. Units of local government to which the General Assembly assigns 
a share of responsibility for financing public education were authorized to fmance 
education programs, including both public schools and technical institutes and 
community colleges, from local revenues without a popular vote of approval. It 
was made mandatory (it was formerly permissive) that the General Assembly 
require school attendance. 

The Superintendent of Public Instruction was eliminated as a voting member 
of the State Board of Education but retained as the board's secretary. He was 
replaced with an additional at-large appointee. A potential conflict of authority 
between the superintendent and the board, both of which previously had constitu- 
tional authority to administer the public schools, was eliminated by making the 
superintendent the chief administrative officer of the board, which was charged 
with supervising and administering the schools. 

The provisions governing state and county school funds were retained with 
only minor editorial modifications. Fines, penalties and forfeitures continued to 
be earmarked for the county school fund. 

The former provisions dealing with The University of North Carolina were 
broadened into a statement of the General Assembly's duty to maintain a system 
of higher education. 

The General Assembly was authorized by the changes made in Article X 
(Homesteads and Exemptions) to set the amounts of the personal property exemp- 
tion and the homestead exemption (constitutionally fixed at $500 and $1,000 
respectively since 1868) at what it considered to be reasonable levels, with the 
constitutional figures being treated as minimums. The provision protecting the 
rights of married women to deal with their own property was left untouched. The 
protection given life insurance taken out for the benefit of wives and children was 
broadened. 

The provisions prescribing the permissible punishments for crime and limit- 
ing the crimes punishable by death (Article XI) were left essentially intact. 

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

The five constitutional amendments 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 



68 

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 reorganize and consolidate agen- 
cies, subject to disapproval by action of either house of the legislature if the 
changes affected existing statutes. 

The second separate constitutional 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 provided that, 
on written request of three-tlfths of all the members of each house, the president 
of the Senate and the speaker of the House of Representatives must convene an 
extra session of the General Assembly. Thus the legislative branch is now able to 
convene itself, notwithstanding the contrary wishes of the governor. 

The most significant of the separate amendments — and in some ways the 
most important of the constitutional changes ratified in 1970 — is the Finance 
Amendment. This amendment, ratified in 1970 and effective July 1, 1973. is 
especially important in the financing of local government. Its principal provi- 
sions: 

^ Prohibited all forms of capitation or poll tax. 

^ Authorized the General Assembly to enact laws empowering counties, 

cities and towns to establish special taxing districts 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 that 
available in the unit at large, either by supplementing existing services or 
providing services not otherwise available. This provision eliminated the 
previous necessity of creating a new, independent governmental unit to 
accomplish the same result. 

^ Provided that the General Assembly, acting on a uniform, statewide basis, 

should make the final determination of whether voters must approve the 
levy of property taxes or the borrowing of money to finance particular 
activities of local government. For a century, the constitution had 
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 judiciary, not the 
General Assembly, was the final arbiter of what was a "necessary 
expense," and the Supreme Court tended to take a rather restrictive view 
of necessity. The determination of what types of public expenditures 
should require voter approval and what types should be made by a gov- 
erning board on its own authority was found by the General Assembly to 
be a legislative and not a judicial matter. The Finance Amendment hewed 
to this finding. 



69 

► Authorized state and local government units to enter into contracts with 
and appropriate money to private entities "for the accomplishment of 
public purposes only." This was designed to facilitate cooperative 
endeavors by government and the private sector for public purposes. 

► Defmed the various forms of public financial obligations more precisely 
than in the previous constitution, with the general effect of requiring voter 
approval only for the issuance of general obligation bonds and notes or 
for governmental guarantees of the debts of private persons or organiza- 
tions. The General Assembly was directed to regulate by general law 
(permitting classified but not local acts) the contracting of debt by local 
governments. 

^ Retained the existing limitation that state and local governments may not. 

without voter approval, borrow more than the equivalent of two-thirds of 
the amount by which the unit's indebtedness was reduced during the last 
fiscal period, except for purposes listed in the constitution. This list was 
lengthened to include "emergencies immediately threatening public 
health or safety." 

^ Retained unchanged the provisions governing the classification and 

exemption of property for purposes of property taxation. 

^ Omitted the limitation of 200 per $100 of valuation previously imposed 

on the general county property tax. 

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

The final amendment ratified in 1970 assigned to a special fund the benefits 
of property escheating to the state in cases where no heir or other lawful claimant 
came forward. These benefits were henceforth to help needy North Carolina stu- 
dents attend public institutions of higher education in the state. Property escheat- 
ing prior to July 1 , 1971, continued to be held by the University of North Carolina 
as then constituted. 

The one amendment defeated by the voters in 1970 would have repealed the 
state constitutional requirement that, in order to register as a voter, one must be 
able to read and write the English language. The requirement had already been 
nullified by federal legislation and the failure of repeal had no practical effect. 



70 

Constitutional Amendments, 197 1-98 

The General Assembly of 1971 submitted to the voters five state constitu- 
tional amendments, all of which were ratified by referendum on November 7, 
1972. These amendments: 

Set the constitutionally-specified voting age at 18 years. 

Required the General Assembly to set maximum age limits for service as 
justices and judges of the state courts. 

Authorized the General Assembly to prescribe procedures for the censure 
and removal of state judges and justices. 

Added to the constitution a statement of policy with regard to the conser- 
vation and protection of natural resources. 

Limited the authority of the General Assembly to incorporate cities and 
towns within close proximity of existing municipalities. 

The General Assembly, at its 1973 session, submitted — and voters in 1974 
approved — an amendment changing the title of solicitor to that of district attor- 
ney. The 1974 legislative session submitted an amendment authorizing the 
issuance by state or county governments of revenue bonds to finance industrial 
facilities, a measure the voters rejected. 

In 1975, the General Assembly submitted two amendments authorizing legis- 
lation to permit the issuance of tax-exempt revenue bonds by state and local gov- 
ernments to finance health care facilities and by counties to finance industrial 
facilities. Both received voter approval on March 23, 1976. 

The constitutional amendments of 1835 had permitted the voters to elect a 
governor for two successive two-year terms. The Constitution of 1868 extended 
the governor's term to four years, but prohibited the governor and lieutenant gov- 
ernor from serving successive four-year terms of the same office. The 1971 con- 
stitution retained this limitation. An amendment to empower voters to elect both 
the governor and lieutenant governor to two successive terms of the same office 
was submitted by the 1977 General Assembly and ratified by the voters on 
November 8, 1977. Four other amendments were approved by the voters at the 
same time. These amendments: 



► 

► 



Required that the state operate on a balanced budget at all times. 

Extended to widowers (as well as to widows) the benefit of the homestead 
exemption. 

Allowed a woman (as well as a man) to insure her life for the benefit of 
her spouse or children free from all claims of the insured's creditors or of 
her (or his) estate. 



71 

► Authorized municipalities owning or operating electric power facilities to 

do so jointly with other public or private power organizations and to issue 
electric system revenue bonds to finance such facilities. 

Only one amendment was proposed by the General Assembly of 1979. 
Approved by the voters in 1980, it required that all justices and judges of the state 
courts be licensed lawyers as a condition of election or appointment to the bench. 

The 1981 session of the General Assembly sent five amendments to the vot- 
ers for decision on June 29, 1982. The two amendments ratified by the voters 
authorized the General Assembly to provide for the recall of retired state Supreme 
Court justices and Court of Appeals judges to temporary duty on either court and 
to empower the Supreme Court to review direct appeals from the Utilities 
Commission. The voters rejected amendments: 

^ Extending the terms of all members of the General Assembly from two to 

four years. 

^ Authorizing the General Assembly to empower public agencies to devel- 

op new and existing seaports and airports and to finance and refinance 
seaport, airport and related commercial and industrial facilities for public 
and private parties. 

^ Authorizing the General Assembly to empower a state agency to issue 

tax-exempt bonds to finance facilities for private institutions of higher 
education. 

At its 1982 session, the General Assembly submitted two amendments. On 
November 2, 1982, the electorate ratified an amendment shifting the beginning of 
legislative terms from the date of election to January 1 following the election. 
They rejected an amendment that would have permitted municipalities to issue 
tax-increment bonds without voter approval. 

On May 8, 1984, voters ratified an amendment submitted by the General 
Assembly of 1983 that authorized the General Assembly to create an agency to 
issue tax-exempt revenue bonds to finance agricultural facilities. On November 6, 
1984, voters approved an amendment requiring that the attorney general and all 
district attorneys be licensed lawyers as a condition of election or appointment. 

An amendment to shift elections for state legislative, executive and judicial 
officers and for county officers from even-numbered to odd-numbered years 
(beginning in 1989 for legislators and 1993 for governors and other state execu- 
tives) was submitted by the General Assembly of 1985 to the voters, who reject- 
ed it on May 6, 1986. An amendment to revert to the pre- 1977 constitutional pol- 
icy that barred the governor and lieutenant governor from election to two succes- 
sive terms of the same office was proposed by the 1985 legislative session for a 



72 

popular vote on November 4, 1986. The 1986 adjourned session repealed the act 
proposing the amendment before it could go to popular referendum. 

in mid- 1986, the General Assembly at its adjourned session voted to send to 
the voters three constitutional amendments, all three of which were approved on 
November 4, 1986. These amendments: 

^ Authorized legislation enabling state and local governments to develop 

seaports and airports and to participate jointly with other public agencies 
and with private parties and issue tax-exempt bonds for that purpose. 

^ Authorized the state to issue tax-exempt bonds to finance or refmance 

private college facilities. 

^ Provided that when a vacancy occurs among the eight elected state exec- 

utive officers (not including the governor and lieutenant governor) or 
elected judges and justices more than 60 days (it had been 30 days) before 
a general election, the vacancy must be filled at that election. 

The legislative sessions from 1987 through 1994 sent only one proposed con- 
stitutional amendment to the voters, an unusually low number for so long a peri- 
od. The 1993 session submitted a proposal to allow cities and counties to issue tax 
increment bonds without voter approval. The amendment was rejected by a wide 
margin at the polls on November 2, 1993. 

The session of 1995 submitted three proposed amendments to voters, all of 
which they approved by majorities of 3-1 on November 5, 1996. These amend- 
ments: 

^ Ended North Carolina's unique status as the only state in the Union that 

did not allow its governor to veto legislation enacted by the state legisla- 
ture. Since January 1, 1997, the governor may veto ordinary statewide 
legislation enacted by the General Assembly. His veto may, however, be 
overridden by a vote of 3/5 of the members present and voting in both 
houses of the legislature. 

^ Expanded the types of punishments that state courts may impose on per- 

sons convicted of crimes without their consent. This amendment strength- 
ens the basis for more modern forms of punishment, such as probation 
and community service, not previously authorized by the state constitu- 
tion. 

^ Assured victims of crime (as defined by the General Assembly) of certain 

rights, such as the right to be informed about and attend court proceed- 
ings held with respect to the accused. 

Recent legislative sessions have considered several amendments to eliminate 



73 

the popularly-elected status of the Superintendent of Public Instruction. In 1997, 
one of those proposals won approval in the Senate and came within two votes of 
passing in the House of Representatives. 

Two other amendments passed the Senate and remain before the House of 
Representatives in the 1998 regular session. One amendment would limit legisla- 
tive sessions in odd-numbered years to 1 35 calendar days, which could be extend- 
ed by ten days. The amendment would limit regular sessions in even-numbered 
years to 60 days, also extendible by ten days. The amendment would also length- 
en terms for state senators from two years to four years, effective in 1998. 

A second pending proposal would allow counties to increase the portion of 
the value of an elderly or disabled taxpayer's residence (homestead) excluded 
from property taxation and raise the maximum income threshold for taxpayers to 
qualify for the homestead exemption. 

Conclusion 

The people of North Carolina have treated their constitution with conser- 
vatism and respect. The fact that we have adopted only three constitutions in over 
two centuries of existence as a state is the chief evidence of that attitude (some 
states have adopted as many as five or ten constitutions in a like period). The rel- 
atively small number of amendments, even in recent years, is another point of 
contrast to many states. It reflects the fact that North Carolina has been less dis- 
posed than have many states to write into its state constitution detailed provisions 
dealing with transitory or topical matters better left to legislation. The constitution 
has allowed the General Assembly wide latitude for decision on public affairs. 
Legislators consequently have been willing to accept responsibility for and act on 
matters within their authority instead of passing the responsibility for ditTicult 
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 constitutional con- 
ventions 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 constitution is two-fold: (1) to protect the rights of 
the individual from encroachment by the state: and (2) to provide a 
framework of government for the state and its subdivisions. It is not the 
function of a constitution to deal with temporary conditions, but to lay 
down general principles of government which must be observed amid 
changing conditions. It follows, then, that a constitution should not con- 
tain elaborate legislative provisions, but should lay down briefly and 



74 



clearly fimdamcntal principles upon which government shall proceed, 
leaving it to the people's representatives to apply these principles through 
legislation to conditions as they arise. 



75 

Constitutional Amendments Since 1868 

Year of Vote Ratified Rejected 

1868 1 

1873 8 

1876 1 

1880 2 

1888 1 

1892 1 

1900 1 

1914 10 

1916 4 

1918 2 

1920 2 

1922 1 

1924 3 1 

1926 1 

1928 1 2 

1930 3 

1932 1 3 

1936 5 

1938 2 

1942 2 

1944 5 

1946 1 1 

1948 1 3 

1950 5 

1952 3 

1954 4 1 

1956 4 

1958 1 

1962 6 

1964 1 • 

1966 1 

1968 2 

1970 6 1 

1972 5 



1974 



1 



1976 2 

1977 5 (^ 
1980 1 



76 

Year of Vote Ratified Rejected 

1982 3 4 

1984 2 

1986 3 1 

1993 1 

1996 3 

Totals 101 36 

This table counts each issue submitted to a vote of the people as a single propo- 
sition, regardless of whether it actually involved a single section (often the case), 
a whole article (such as the J 900 suffrctge amendment and the 1962 court 
amendment) or a revision of the entire constitution (such as those in 1868 a?id 
1970). 



77 

Constitution of North Carolina 

(A s ammded tojanmry 1, 1 998) 

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 continuance of those blessings to us and our pos- 
terity, do, for the more certain 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 people of this 
State to the rest of the American people may be defined and affirmed, we do 
declare that: 

Section 1 . 77?^ equality and rights of persons. We hold it to be self-evi- 
dent that all persons are created equal; that they are endowed by their Creator with 
certain inalienable rights; that among these are life, liberty, the enjoyment 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 gov- 
ernment 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 



78 

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. 

Sec. 6. Separation of powers. The legislative, executive, and supreme 
judicial powers of the State government shall be forever separate and distinct 
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 people, 
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 of 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 qualifications shall 
affect the right to vote or hold office. 

Sec. 1 2. Right of assembly and petition. The people have a right to assem- 
ble together to consult for their common good, to instruct their representatives, 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 consciences, 
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 



79 

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 educa- 
tion, and it is the duty of the State to guard and maintain that right. 

Sec. 16. Ex post facto laws. Retrospective laws, punishing acts commit- 
ted 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 prohibit- 
ed. Involuntary servitude, except as a punishment for crime whereof the parties 
have been adjudged guilty, is forever prohibited. 

Sec. 1 8. 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. 

Sec. 20. General warrants. General warrants, whereby any 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 dangerous to liberty and 
shall not be granted. 

Sec. 2 1 . 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 priv- 
ilege 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 repre- 



80 

sented by counsel, may, under such regulations as the General Assembly shall 
prescribe, waive indictment in noncapital 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 confront 
the accusers and witnesses with other testimony, and to have counsel for defense, 
and not be compelled to give self-incriminatingevidence, 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 con- 
victed 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 securities 
of the rights of the people, and shall remain sacred and inviolable. 

Sec. 26. Jury sen'ice. 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 inflict- 
ed. 

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 testimony of 
two witnesses to the same overt act, or on confession in open court. No convic- 
tion of treason or attainder shall work corruption of blood or forfeiture. 

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 dan- 
gerous 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 jus- 
tify the practice of carrying concealed weapons, or prevent the General Assembly 
from enacting penal statutes against that practice. 



81 

Sec. 31. Quartering of soldiers. No soldier shall in time of peace be 
quartered 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 con- 
sideration 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 principles. A frequent recurrence to 
fundamental principles is absolutely necessary to preserve the blessings of liber- 
ty- 
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. 

Sec. 37. Rights of victims of crime. 

(1) Basic rights. Victims of crime, as prescribed by law, shall be entitled 
to the following basic rights: 

(a) The right as prescribed by law to be informed of and to be present at 
court proceedings of the accused. 

(b) The right to be heard at sentencing of the accused in a manner pre- 
scribed by law, and at other times as prescribed by law or deemed appropriate by 
the court. 

(c) The right as prescribed by law to receive restitution. 

(d) The right as prescribed by law to be given information about the 
crime, how the criminal justice system works, the rights of victims, and the avail- 
ability of services for victims. 

(e) The right as prescribed by law to receive information about the con- 
viction or final disposition and sentence of the accused. 



82 

(f) The right as prescribed by law to receive notification of escape, 
release, proposed parole or pardon of the accused, or notice of a reprieve or com- 
mutation of the accused's sentence. 

(g) The right as prescribed by law to present their views and concerns to 
the Governor or agency considering any action that could result in the release of 
the accused, prior to such action becoming effective. 

(h) The right as prescribed by law to confer with the prosecution. 

(2) No money damages: other enforcement. Nothing in this section shall 
be construed as creating a claim for money damages against the State, a county, a 
municipality, or any of the agencies, instrumentalities, or employees thereof. The 
General Assembly may provide for other remedies to ensure adequate enforce- 
ment of this section. 

(3) No ground for relief in criminal case. The failure or inability of any 
person to provide a right or service provided under this section may not be used 
by a defendant in a criminal case, an inmate, or any other accused as a ground for 
relief in any trial, appeal, postconviction litigation, habeas corpus, civil action, or 
any similar criminal or civil proceeding. 



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 



83 

determined for this purpose by dividing the population of the district that he rep- 
resents 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 districts and the appor- 
tionment of Representatives among those districts, subject 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 Representative repre- 
sents being determined for this purpose by dividing the population of the district 
that he represents by the number of Representatives apportioned to that district; 



ritory; 



trict; 



(2) Each representative district shall at all times consist of contiguous ter- 



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



(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 



84 

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 preceding his elec- 
tion. 

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 elec- 
tion. 

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 therefor signed by three-fifths of all the members of the 
Senate and upon receipt by the Speaker of the House of Representatives of writ- 
ten requests therefor 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. 

Sec. 14. Other officers of the Senate. 



85 

(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 failure of the Lieutenant Govemor-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 his 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 session 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 journal. 

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. 



86 

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. 

(1) Bills subject to veto by Governor: override of veto. Except as pro- 
vided by subsections (2) through (6) of this section, all bills shall be read three 
times in each house and shall be signed by the presiding officer of each house 
before being presented to the Governor. If the Governor approves, the Governor 
shall sign it and it shall become a law; but if not, the Governor shall return it with 
objections, together with a veto message stating the reasons for such objections, 
to that house in which it shall have originated, which shall enter the objections 
and veto message at large on its journal, and proceed to reconsider it. If after such 
reconsideration three- fifths of the members of that house present and voting shall 
agree to pass the bill, it shall be sent, together with the objections and veto mes- 
sage, to the other house, by which it shall likewise be reconsidered; and if 
approved by three-fifths of the members of that house present and voting, it shall 
become a law notwithstanding the objections of the Governor. In all such cases 
the votes of both houses shall be determined by yeas and nays, and the names of 
the members voting shall be entered on the journal of each house respectively. 

(2) Amendments to Constitution of North Carolina. Every bill proposing 
a new or revised Constitution or an amendment or amendments to this 
Constitution or calling a convention of the people of this State, and containing no 
other matter, shall be submitted to the qualified voters of this State after it shall 
have been read three times in each house and signed by the presiding officers of 
both houses. 

(3) Amendments to Constitution of the United States. Every bill approv- 
ing an amendment to the Constitution of the United States, or applying for a con- 
vention to propose amendments to the Constitution of the United States, and con- 
taining no other matter, shall be read three times in each house before it becomes 
law, and shall be signed by the presiding officers of both houses. 

(4) Joint resolutions. Every joint resolution shall be read three times in 
each house before it becomes effective and shall be signed by the presiding offi- 
cers of both houses. 

(5) Other exceptions. Every bill: 

(a) In which the General Assembly makes an appointment or appoint- 
ments to public office and which contains no other matter; 



87 

(b) Revising the senate districts and the apportionment of Senators among 
those districts and containing no other matter; 

(c) Revising the representative districts and the apportionment of 
Representatives among those districts and containing no other matter; or 

(d) Revising the districts for election of members of the House of 
Representatives of the Congress of the United States and the apportionment of 
Representatives among those districts and containing no other matter, 

shall be read three times in each house before it becomes law and shall be signed 
by the presiding officers of both houses. 

(6) Local bills. Every bill that applies in fewer than 15 counties shall be 
read three times in each house before it becomes law and shall be signed by the 
presiding officers of both houses. The exemption from veto by the Governor pro- 
vided in this subsection does not apply if the bill, at the time it is signed by the 
presiding officers: 

(a) Would extend the application of a law signed by the presiding officers 
during that two year term of the General Assembly so that the law would apply in 
more than half the counties in the State, or 

(b) Would enact a law identical in effect to another law or laws signed by 
the presiding officers during that two year term of the General Assembly that the 
result of those laws taken together would be a law applying in more than half the 
counties in the State. 

Notwithstanding any other language in this subsection, the exemption 
from veto provided by this subsection does not apply to any bill to enact a gener- 
al law classified by population or other criteria, or to any bill that contains an 
appropriation from the State treasury. 

(7) Time for action by Governor: reconvening of session. If any bill shall 
not be returned by the Governor within 10 days after it shall have been presented 
to him, the same shall be a law in like manner as if he had signed it, unless the 
General Assembly shall have adjourned: 

(a) For more than 30 days jointly as provided under Section 20 of Article 
11 of this Constitution; or 

(b) Sine die 



88 

in which case it shall become a law unless, within 30 days after such adjournment, 
it is returned by the Governor with objections and veto message to that house in 
which it shall have originated. When the General Assembly has adjourned sine 
die or for more than 30 days jointly as provided under section 20 of Article II of 
this Constitution, the Governor shall reconvene that session as provided by 
Section 5(1 1) of Article III of this Constitution for reconsideration of the bill, and 
if the Governor does not reconvene the session, the bill shall become law on the 
fortieth day after such adjournment. Notwithstanding the previous sentence, if 
the Governor prior to reconvening the session receives written requests dated no 
earlier than 30 days after such adjournment, signed by a majority of the members 
of each house that a reconvened session to reconsider vetoed legislation is unnec- 
essary, the Governor shall not reconvene the session for that purpose and any leg- 
islation vetoed in accordance with this section after adjournment shall not become 
law. 

(8) Return of hills after adjournmefit. For purposes of return of bills not 
approved by the Governor, each house shall designate an officer to receive 
returned bills during its adjournment. 

Sec. 23. Revenue bills. No law 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 purpose shall have 
been read three several times in each house of the General Assembly and passed 
three several readings, which readings shall have been on three different days, and 
shall have been agreed to by each house respectively, and unless the yeas and nays 
on the second and third readings of the bill shall have been entered on the jour- 
nal. 

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

(I ) 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 discon- 
tinuing of highways, streets, or alleys; 

(d) Relating to ferries or bridges; 



89 

(e) Relating to non-navigable streams; 

(f) Relating to cemeteries; 

(g) Relating to the pay of jurors; 

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

(i) Remitting fines, penalties, and forfeitures, or refunding moneys legal- 
ly 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 bom in law- 
ful 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 the partial repeal of a general law; but the General 
Assembly may at any time repeal local, private, or special laws enacted 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 regu- 
lating 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. 



90 

Sec. 2. Governor and Lieutenant Governor: election, term, and qualifi- 
cations. 

( 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 election and continue until their successors are elected and 
qualified. 

(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 citizen 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, resignation, or 
removal from office of the Governor. The further order of succession to the office 
of Governor shall be prescribed by law. A successor shall serve for the remain- 
der 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 per- 
form 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 perfomi 
the duties of his office shall be determined only by joint resolution adopted by a 
vote of two-thirds of all the members of each house of the General Assembly. 
Thereafter, the mental capacity of the Governor to perform the duties of his office 



91 

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 ses- 
sion, the Council of State, a majority of its members concurring, may convene it 
in extra session for the purpose 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 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 the Governor. 

Sec. 5. Duties of Governor 

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

(2) Information to General Assembly. The Governor shall from time to 
time give the General Assembly information of the affairs of the State and rec- 
ommend 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 sur- 
plus 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 contin- 
ually survey the collection of the revenue and shall effect the necessary 
economies in State expenditures, after first making adequate provision for the 
prompt payment of the principal of and interest on bonds and notes of the State 
according to their terms, whenever he determines that receipts during the fiscal 
period, when added to any surplus remaining in the State Treasury at the begin- 
ning of the period, will not be sufficient to meet budgeted expenditures. This sec- 
tion shall not be construed to impair the power of the State to issue its bonds and 



92 

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 serv- 
ice of the United States. 

(6) Clemency. The Governor may grant reprieves, commutations, and 
pardons, after conviction, for all offenses (except in cases of impeachment), upon 
such conditions as he may think proper, subject to regulations prescribed by law 
relative to the manner of applying for pardons. The terms reprieves, commuta- 
tions, 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 his 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 otherw ise 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 sub- 
ject relating to the duties of his office. 

(10) Administrative reorganization. The General Assembly shall pre- 
scribe the functions, powers, and duties of the administrative departments 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 effective and shall have 
the force of law upon adjournment sine die of the session, unless specifically dis- 
approved by resolution of either house of the General Assembly or specifically 
modified by joint resolution of both houses of the General Assembly. 



93 

(11) Reconvened sessions. The Governor shall, when required by 
Section 22 of Article II of this Constitution, reconvene a session of the General 
Assembly. At such reconvened session, the General Assembly may only consid- 
er such bills as were returned by the Governor to that reconvened session for 
reconsideration. Such reconvened session shall begin on a date set by the 
Governor, but no later than 40 days after the General Assembly adjourned: 

(a) For more than 30 days jointly as provided under Section 20 of Article 
II of this Constitution; or 

(b) Sine die. 

If the date of reconvening the session occurs after the expiration of the 
terms of office of the members of the General Assembly, then the members serv- 
ing for the reconvened session shall be the members for the succeeding term. 

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 successors 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, resignation, or otherwise, it shall be duty of the Governor to appoint anoth- 
er to serve until his successor is elected and qualified. Every such vacancy shall 
be filled by election at the first election for members of the General Assembly that 
occurs more than 60 days after the vacancy has taken place, and the person cho- 
sen 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 



94 

Section and the term expires on tiie first day of January succeeding the next elec- 
tion for members of the General Assembly, the Governor shall appoint to fill the 
vacancy for the unexpired term of office. 

(4) Interim officers. Upon the occurrence of a vacancy in the office of 
any one of these 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 pursuant 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 perforin the duties of his office, as determined pursuant 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 
prescribe with respect to those officers, other than the Governor, whose offices are 
created by this Article, procedures for determining the physical or mental inca- 
pacity of any officer to perform the duties of his office, and for determining 
whether an officer who has been temporarily incapacitated has sufficiently recov- 
ered 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 
authorized to practice law in the courts of this State shall be eligible for appoint- 
ment or election as Attorney General. 

Sec. 8. Council of State. The Council of State shall consist of the offi- 
cers who 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 commis- 
sions 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. 



95 



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, quasi-judicial, and tempo- 
rary 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 jurisdiction that 
rightfully pertains to it as a co-ordinate department of the government, nor shall 
it establish or authorize any courts other than as permitted by this Article. 

Sec. 2. General Court of Justice. The General Court of Justice shall 
constitute 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 
judicial powers as may be reasonably necessary as an incident to the accomplish- 
ment of the purposes for which the agencies were created. Appeals from admin- 
istrative agencies shall be to the General Court of Justice. 

Sec. 4. Court for the Trial of Impeachments. The 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 major- 
ity of the members shall be necessary to a quorum, and no person shall be con- 
victed 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. 



96 

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 in unable, 
on account of absence or temporary incapacity, 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 that 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 or courts of the division 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 selec- 
tion or appointment 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 Courts 
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 annu- 
ally in each county. 



97 

(3) Clerks. A Clerk of 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 the Clerk of 
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 county shall appoint to fill the vacancy until an election can be regu- 
larly held. 

Sec. 1 0. District Courts. The General Assembly shall, from time to time, 
divide the State into a convenient number of local court districts and shall pre- 
scribe 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 district 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 sen- 
ior regular resident Judge of the Superior Court serving the county shall appoint 
for a term of two years, from nominations 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 pro- 
vided for original appointment to the office. 

Sec. 1 1 . Assignment of Judges. The Chief Justice of the Supreme Court, 
acting in accordance with rules of the Supreme Court, shall make assignments 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 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. 12. Jurisdiction of the General Court of Justice. 

(I) 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 "ques- 
tions 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 supervi- 



98 

sion and control over the proceedings of the other courts. The Supreme Court 
also has jurisdiction 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 
Assembly, the Superior Court shall have original general jurisdiction throughout 
the State. The Clerks of the Superior Court shall have such jurisdiction and pow- 
ers 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 gen- 
eral law uniformly applicable in every local court district of the State, prescribe 
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 prop- 
er 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 private 
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 peo- 
ple of the State as a party against a person 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 authori- 
ty 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. If the General Assembly should dele- 
gate to the Supreme Court the rule-making power, the General Assembly may, nev- 
ertheless, alter, amend, or repeal any rule of procedure or practice adopted by the 
Supreme Court for the Superior Court or District Court Divisions. 



99 

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 ojfice 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 qualified. 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 elect- 
ed by the qualified voters of the State or by the voters of their respective districts, 
as the General Assembly may prescribe. 

Sec. 17. Removal of Judges, Magistrates cmd 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 members 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 wilful misconduct in office, 
wilful and persistent failure to perform his duties, habitual intemperance, convic- 
tion of a crime involving moral turpitude, or conduct prejudicial to the adminis- 
tration of justice that brings the judicial office into disrepute. 

(3) Removal of Magistrates. The General Assembly shall provide by 
general law for the removal of Magistrates for misconduct or mental or physical 
incapacity. 



100 

(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 pro- 
ceedings are instituted shall receive written notice of the charges against him at 
least ten days before the hearing upon the charges. Any Clerk so removed from 
office shall be entitled to an appeal as provided by law. 

Sec. 1 8. 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 eligible for election or appointment as a District Attorney. The 
District Attorney shall advise the officers of justice in his district, be responsible 
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 therefrom as the 
Attorney General may require, and perform such other duties as the General 
Assembly may prescribe. 

(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 appoint- 
ment 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 appoint- 
ed 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 



101 

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 non-judicial officers, shall 
be paid from State funds. 

Sec. 21. Fees, salaries, and emoluments. The General Assembly shall 
prescribe 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 author- 
ized to practice law in the courts of this State shall be eligible for election or 
appointment as a Justice of the Supreme Court, Judge of the Court of Appeals, 
Judge of the Superior Court, or Judge of District Court. This section shall not 
apply to persons elected to or serving in such capacities on or before January 1, 
1981. 



ARTICLE V 

FINANCE 

Section 1 . No capitation tax to be levied. No poll or capitation tax shall 
be levied by the General Assembly or by any county, city or town, or other tax- 
ing unit. 

Sec. 2. State and local taxation. 

(1 ) Power of taxation. The power of taxation shall be exercised in a just 
and equitable manner, for public purposes only, and shall never be surrendered, 
suspended, or contracted away. 

(2) Classification. Only the General Assembly shall have the power to 
classify property for taxation, which power shall be exercised only on 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 munici- 
pal corporations shall be exempt from taxation. The General Assembly may 
exempt cemeteries and property held for educational, scientific, literary, cultural. 



102 

charitable, or religious purposes, and, to a value not exceeding $300, any person- 
al 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 exemption 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 gov- 
ernment. No taxing authority other than the General Assembly may grant exemp- 
tions, 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 services, facilities, and functions in addition to or to 
a greater extent than those financed, provided, or maintained for the entire coun- 
ty, 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 government to levy 
taxes on property, except for purposes authorized by general law uniformly appli- 
cable throughout the State, unless the tax is approved by a majority of the quali- 
fied voters of the unit who vote thereon. 

(6) Income tax. The rate of income tax on incomes shall not in any case 
exceed ten per cent, and there shall be allowed personal exemptions and deduc- 
tions 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 contract with and 
appropriate money to any person, association, or corporation for the accomplish- 
ment 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; 



103 

(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, or to repel invasions; 

(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 within the mean- 
ing 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 corpora- 
tion. 

(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 1 868, 
the special session of the General Assembly of 1868, or the General Assemblies 
of 1868-69 and 1869-70, unless the subject is submitted to the people of the State 
and is approved by a majority of all the qualified voters at a referendum 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. 



104 

( 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 contractingof 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 district, 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; 

(e) to meet emergencies immediately threatening the public health or 
safety, as conclusively determined in writing by the Governor; 

(0 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 fis- 
cal 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 purposes as authorized by 
general law, and unless approved by a majority 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 contracted direct- 
ly or indirectly in aid or support of rebellion or insurrection 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 



105 

local government borrows money. A pledge of faith and credit within the mean- 
ing 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 cor- 
poration. 

(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 offi- 
cer, 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 retire- 
ment 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. 

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 published 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. 



106 

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 governmental entity or 
any nonprofit private corporation, regardless of any church or religious relation- 
ship, 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 revenues, gross or net, of any such projects and 
any other health care facilities of any such governmental entity or nonprofit pri- 
vate corporation pledged therefor; shall not be secured by a pledge of the full faith 
and credit, or deemed to create an indebtedness requiring voter approval of any 
governmental 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 facil- 
ities to the governmental entity or nonprofit private corporation. The power of 
eminent domain shall not be used pursuant hereto for nonprofit private corpora- 
tions. 

Sec. 9[8] ' . Capital projects for iudiistryK Notwithstanding any other pro- 
vision of this Constitution, the General Assembly may enact general laws to 
authorize counties to create authorities to issue revenue bonds to finance, but not 
to refinance, the cost of capital projects consisting of industrial, manufacturing 
and pollution control facilities for industry and pollution control facilities for pub- 
lic 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 therefor 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 electric 
power and energy and joint agencies formed by such municipalities for the pur- 
pose of owning or operating facilities for the generation and transmission of elec- 



107 

trie power and energy (each, respectively, "a unit of municipal 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 pri- 
vate, 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 
contiguous 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 govern- 
ment 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 any other pro- 
vision of the Constitution 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 therefor 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. 12[1 1]2. Higher Education Facilities. Notwithstanding any other 
provisions 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 refi- 
nance the cost of acquiring, constructing, and financing higher education facilities 
to be operated to serve and benefit the public for any nonprofit private corpora- 



108 

tion, regardless of any church or religious relationship provided no cost incurred 
earlier than five years prior to the effective date of this section shall be refinanced. 
Such bonds shall be payable from any revenues or assets of any such nonprofit 
private corporation pledged therefor, 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 indebted- 
ness 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 provide for the conveyance of title to, with or without con- 
sideration, such facilities to the nonprofit private corporation. The power of emi- 
nent domain shall not be used pursuant hereto. 

Sec. 1 3 [ 1 2]^. 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 governmental 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 parties, 
lease as lessee, mortgage, sell, lease as lessor, or otherwise dispose of lands and 
facilities and improvements, including undivided interests therein; 

(b) to finance and refinance for public and private parties seaport and air- 
port facilities and improvements which relate to, develop or further waterborne or 
airborne commerce and cargo and passenger traffic, including commercial, indus- 
trial, 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 monies 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 prop- 
erties associated with any of their seaport or airport facilities and with the facili- 
ties 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. 



109 
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 qual- 
ifications set out in this Article, shall be entitled to vote at any election by the peo- 
ple 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 elec- 
tion district for 30 days next preceding an election, and possesses the other qual- 
ifications 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 operate 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 elections. A 
person made eligible by reason of a reduction in time of residence 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. 

(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 citizen- 
ship 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 registration 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 



110 

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: 

"1 do solemnly swear (or affirm) that I will sup- 
port 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 for office. The following persons shall be dis- 
qualified 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 has 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 cor- 
ruption 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 cit- 
izenship in the manner prescribed by law. 

Sec. 9. Dual office holding. 

(1) Prohibitions. It is salutary that the responsibilities of self-govern- 
ment be widely shared among the citizens of the State and that the potential abuse 
of authority inherent in the holding of multiple offices by an individual be avoid- 
ed. 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 peo- 



Ill 

pie. No person shall hold concurrently any two offices in this State that are 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 combination 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 
officer 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. 1 0. Continuation in office. In the absence of any contrary provision, 
all officers in this State, whether appointed or elected, shall hold their positions 
until other appointments are made or, if the offices are elective, until their suc- 
cessors are chosen and qualified. 



ARTICLE VII 

LOCAL GOVERNMENT 

Section 1 . General Assembly to provide for local government. The 
General Assembly shall provide for the organization and government and the fix- 
ing 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 subdivi- 
sions 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 having a population oi" 
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. 



112 

Notwithstanding the foregoing limitations, the General Assembly may incorpo- 
rate 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 quali- 
fied 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, subject 
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. 



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 corporations 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 pro- 
vide by general laws for the chartering, organization, and powers of all corpora- 
tions, 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 companies 
having any of the powers and privileges of corporations not possessed by indi- 
viduals 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 



113 

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 where- 
in 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 gov- 
ernment 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 educational 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 be made 
by the Governor for the unexpired terms and shall not be subject to confimiation. 

(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 



114 

hereafter may be granted by the United States to this State, and not otherwise 
appropriated by this State or the United States; all moneys, stocks, bonds, and 
other property belonging to the State for purposes of public education; the net pro- 
ceeds 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 pub- 
lic schools. 

Sec. 7. County^ school fund. All moneys, stocks, bonds, and other prop- 
erty 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 counties, and shall 
be faithfully appropriated and used exclusively for maintaining free public schools. 

Sec. 8. Higher education. The General Assembly shall maintain a pub- 
lic 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 insti- 
tutions 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) EscheatspriortoJulyl, 1971. All property that prior to July 1, 1971, 
accrued to the State from escheats, unclaimed dividends, or distributive 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 distributive 



115 

shares of the estates of deceased persons shall be used to aid worthy and needy 
students who are residents of this State and are enrolled in public institutions of 
higher education in this State. The method, amount, and type of distribution shall 
be prescribed by law. 



ARTICLE X 

HOMESTEADS AND EXEMPTIONS 

Section 1. Personal property exemptions. The personal property of any 
resident of this State, to a value fixed by the General Assembly but not less than 
$500, to be selected by the resident, is exempted from sale under execution 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 thereof, 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 payment 
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 during the 
minority of the owner's children, or any of them. 

(3) Exemption for benefit of surviving spouse. If the owner of a home- 
stead dies, leaving a surviving spouse but no minor children, the homestead shall 
be exempt from the debts of the owner, and the rents and profits thereof shall 
inure to the benefit of the surviving spouse until he or she remarries, unless the 
surviving spouse is the owner of a separate household. 

(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 signa- 
ture and acknowledgement of his or her spouse. 

Sec. 3. Mechanics' and laborers' liens. The General Assembly shall pro- 



116 

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 or a mechanic's lien for work, 
done on the premises. 

Sec. 4. Property of married women secured to them. The real and per- 
sonal property of any female in this State acquired before marriage, and all prop- 
erty, real and personal, to which she may. after marriage, become in any manner 
entitled, shall be and remain the sole and separate estate and property of such 
female, and shall not be liable for any debts, obligations, or engagements of her 
husband, and may be devised and bequeathed and conveyed by her. subject to 
such regulations and limitations as the General Assembly may prescribe. Every 
married woman may exercise powers of attorney conferred upon her by her hus- 
band, including the power to execute and acknowledge deeds to property owned 
by herself and her husband or by her husband. 

Sec. 5. Imurcmce. 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 creditors 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, suspension of 
a jail or prison term with or without conditions, restitution, community serv- 
ice, restraints on liberty, work programs, removal from office, and disqual- 
ification to hold and enjoy any office of honor, trust, or profit under this 
State. 

Sec. 2. Death punishment. The object of punishments being not only to 



117 

satisfy justice, but also to reform the offender and thus prevent crime, murder, 
arson, burglary, and rape, and these only, may be punishable with death, if the 
General Assembly shall so enact. 

Sec. 3 . Charitable and correctional institutions and agencies. Such char- 
itable, benevolent, penal, and correctional institutions and agencies as the needs 
of 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 civilized 
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. 

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 submitting the convention proposition, propose limita- 
tions upon the authority of the Convention; and if a majority o\^ 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 



118 

of the House of Representatives of the General Assembly that submits the con- 
vention 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 
people 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 meth- 
ods 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 amend- 
ment adopted by a Convention shall be submitted to the qualified voters 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 qualified 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 mem- 
bers of each house shall adopt an act submitting the proposal to the qualified vot- 
ers 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 the majori- 
ty 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 ratification by the voters unless a different effective date is 
prescribed in the act submitting the proposal or proposals to the qualified voters. 



ARTICLE XIV 

MISCELLANEOUS 

Section I. Seat of government. The pennanent 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. 



119 

Sec. 3. General laws defined. Whenever the General Assembly is direct- 
ed 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 mat- 
ter directed or authorized to be accomplished by general or uniformly applicable 
laws, and every amendment or repeal of any law relating 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 clas- 
sification 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 government 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 officer holders. The laws of 
North Carolina not in confiict 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 there- 
to. 

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 citizen- 
ry, 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, recreational, 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 preserve as a part of the common her- 
itage of this State its forests, wetlands, estuaries, beaches, historical sites, open- 
lands, 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 spe- 
cial 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 purpos- 
es, 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- 



120 

fifths of the members of each house of the General Assembly. The General 
Assembly shall prescribe by general law the conditions and procedures under 
which such properties or interests therein shall be dedicated for the aforemen- 
tioned public purposes. 



Notes 

1. The General Assembly of 1975, by 1975 N.C. Sess. Laws, ch. 641, submitted 
to the qualified voters of the State an amendment to add Art. V, Sec. 8, with 
respect to financing health care facilities, and the voters in 1976 ratified it (see 
above). At the same session, the General Assembly, by 1975 N.C. Sess. Laws, 
ch. 826, submitted to the qualified voters of the State an amendment to add a sec- 
tion with respect to industrial revenue bonds which it also designated Art. V, Sec. 
8 (inadvertently duplicating section number 8), and the voters in 1976 ratified it. 
The potential problem of duplicative section numbers was addressed by designat- 
ing the section regarding industrial revenue bonds as Sec. 9 in subsequent print- 
ings of the Constitution as issued by the Secretary of State and as published in the 
General Statutes of North Carolina. 

2. The General Assembly of 1983, by 1983 N.C. Sess. Laws, ch. 765, submitted 
to the qualified voters of the State an amendment to add Art. V, Sec. 11, with 
respect to financing agricultural facilities, and the voters in 1984 ratified it (see 
above). At the 1986 session, the General Assembly by 1985 N.C. Sess. Laws, ch. 
814, submitted to the qualified voters of the State an amendment to add a section 
with respect to private higher education facility financing which it also designat- 
ed Art. V, Sec. 1 1 (inadvertently duplicating section number 1 1 ), and the voters in 
1986 ratified it. The potential problem of duplicative section numbers was 
addressed by designating the section regarding private higher education facilities 
as Sec. 12 in subsequent printings of the Constitution as issued by the Secretary 
of State and as published in the General Statutes of North Carolina. 

3. At its 1986 session, the General Assembly by 1985 N.C. Sess. Laws, ch. 933, 
submitted to the qualified voters of the State an amendment to add Art. V, Sec. 1 2, 
with respect to financing airport and seaport facilities, and the voters in 1986 rat- 
ified it, notwithstanding the fact that there was already a Sec. 1 2, according to the 
practice in section numbering that had been followed to deal with the duplicative 
section numbers used by the General Assembly in 1986. The potential problem 
of duplicative section numbers was address by designating the section regarding 
airport and seaport facilities financing as Sec. 13 in subsequent printings of the 
Constitution as issued by the Secretary of State and as published in the General 
Statutes of North Carolina. 



Chapter Four 



The Council of State and 
the Executive Branch 



Under provisions in the Constitution of North Carohna, 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 fundamen- 
tal principal of state government's organizational structure since North Carolina's 
independence. 

In the nearly two hundred years since the forming of the State of North 
Carolina, many changes have occurred in that structure. State and local govern- 
ment in North Carolina have grown from minimal organizations comprising a 
handful of employees statewide in 1776 to the current multi-billion dollar enter- 
prise that employs thousands of public servants all over the state and provides 
services for millions of North Carolina's citizens each year. 

The increasing number of services and programs that state and local govern- 
ment provide to citizens and businesses throughout the state has brought with it 
management challenges. In 1970 the state's executive branch included over 200 
independent agencies. Recognizing the need to streamline and simplify the exec- 
utive branch's organization, the General Assembly undertook a major reorganiza- 
tion of state government. The legislators began the reorganization by defining the 
activities that most appropriately should be entrusted to executive branch agen- 
cies. 

In an 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. The Council of the North 
Carolina State Bar and the North Carolina Association joined in appointing a 
steering committee that selected twenty-five persons for a North Carolina State 
Constitution Commission. 

The commission's report, submitted on December 16, 1968, contained a pro- 
posed amendment to the state constitution that would reduce the number of exec- 
utive branch departments to 25 and authorize the governor to reorganize the 
administrative branch subject to approval by the General Assembly. 

The 1969 General Assembly submitted the proposed constitutional amend- 
ment 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 established the State Government 



122 



Reorganization Study Commission in October, 1969. Later, in May 1970, the gov- 
ernor appointed a fifty-member citizen Committee on State Government 
Organization to review the study and make specific recommendations for imple- 
mentation of the reorganization plan. 

Voters approved the constitutional proposal requiring the reduction of the 
number of administrative departments in the general election on November 3, 

1970. The amendment called for the executive branch to be reduced to 25 depart- 
ments by the end of 1975. The Committee on State Government Reorganization 
submitted its recommendations to the Governor on February 4, 1971. 

The committee recommended implementation of the amendment in two phas- 
es. Phase I would group agencies together in a limited number of functional 
departments. The General Assembly approved the implementation of Phase I in 

1971. Phase II began in 1971 and continued into 1973 as agencies began to eval- 
uate agency and department organizations. The results of this analysis were pre- 
sented to the 1973 General Assembly in the form of legislation that would revise 
existing statutes to more closely conform with the executive branch's new orga- 
nizational structure. The legislators began working to make the changes in state 
law needed to support the reorganization. 

With strong support from Governor Scott, the General Assembly ratified the 
Executive Organization Act of 1971 on July 14, 1971. The act divided the exec- 
utive branch into rough groupings. The first group was composed of 19 principal 
offices and departments headed by elected officials. Nine other departments 
organized along functional lines and headed by appointed administrators formed 
the second grouping of agencies. 

The act implemented Phase I of the reorganization through types of transfers. 
A Type I transfer meant transferring all or part of an agency — including its statu- 
tory authority, powers and duties — to a principal department. A Type II transfer 
meant transferring an existing agency intact to a principal department with the 
transferring agency retaining its statutory authority and functions, which would 
now be exercised under the direction and supervision of the principal depart- 
ment's head. Governor Scott created all of the offices and departments called for 
by the act prior to the mandated deadline of July 1, 1972. 

The Executive Reorganization Act of 1971 created the following principal 
departments and agencies: 

□ Office of the Governor 

G Office of the Lieutenant Governor 



123 



G Department of the Secretary of State 

G Department of the State Auditor 

G Department of State Treasurer 

□ Department of Public Education (now the Department of Public 

Instruction) 

G Department of Justice 

G Department of Agricuhure 

G Department of Labor 

G Department of Insurance 

G Department of Administration 

G Department of Transportation and Highway Safety (now named the 

Department of Transportation) 

G Department of Natural and Economic Resources (now the Department of 

Environment and Natural Resources) 

G Department of Human Resources (now the Department of Health and 

Human Services) 

G Department of Social Rehabilitation and Control (now the Department of 

Correction) 

Q Department of Commerce 

G Department of Revenue 

U Department of Art, Culture and History (now Department of Cultural 

Resources) 



124 



G Department of Military and Veterans Affairs (now the Department of 

Crime Control and Public Safety). 
A gubernatorial executive order issued June 26, 1972, created an executive cabi- 
net consisting of the heads of these departments. The newly-formed cabinet's first 
order of business was to manage the implementation of Phase II of reorganization 
plan. 

Further alterations in the executive branch's structure followed between 1972 
and 1 977. In 1 973, the General Assembly passed the Executive Organizations Act 
of 1973. The act affected four of the newly created departments — Cultural 
Resources, Human Resources, Military and Veterans Affairs and Revenue. The 
1973 law vested final administrative and managerial powers for the executive 
branch in the hands of the governor and gave him powers to appoint a secretary 
for each of the departments named. The law also defined the powers of the secre- 
taries, yet named specifically designated policy areas and executive powers 
already vested in various commissions that could not be countermanded by either 
the governor or a departmental secretary. 

The 1973 act changed the name of the Department of Culture and History to 
the Department of Cultural Resources. Various boards, commissions, councils, 
and societies providing cultural programs for North Carolina citizens were 
brought under the umbrella of the Department of Cultural Resources. 

The Department of Human Resources and the Department of Revenue were 
restructured. The 1973 act created a Board of Human Resources in the 
Department of Human Resources to serve as an advisory board to the secretary on 
any matter which he or she might refer to it. 

The Department of Military and Veterans Affairs was specifically charged 
with making sure the state's National Guard troops were trained to federal stan- 
dards. The act also made the department responsible for ensuring military and 
civil preparedness and assisting veterans and their families and dependents. A 
new Veterans Affairs Commission was created to assist the secretary with veter- 
ans services programs. 

The initial reorganization of the state's executive branch was mostly com- 
pleted by the end of 1975. The governor, however, sought several additional reor- 
ganizational changes. The proposals primarily affected four departments — 
Commerce, Military and Veterans Affairs, Natural and Economic Resources and 
Transportation. 

The 1977 General Assembly enacted several laws implementing the new pro- 
posals. The old Department of Military and Veterans Affairs was replaced by a 
new Department of Crime Control and Public Safety. The Veterans Affairs 
Commission was transferred to the Department of Administration. The State 



125 



Highway Patrol, formerly part of the Department of Transportation's Division of 
Motor Vehicles, was transferred to the Department of Crime Control and Public 
Safety. The 1977 act created a Governor's Crime Commission administered by 
Crime Control and Public Safety. 

The Energy Division and the Energy Policy Council were transferred from the 
Department of Military and Veterans Affairs to the Department of Commerce, along 
with three agencies previously under the Department of Transportation -- the State 
Ports Authority and two commissions on Navigation and Pilotage. 

Other legislative changes fiirther reorganized the Department of Commerce by 
transferring the Economic Development Division from the Department of Natural and 
Economic Development as well as by creating a Labor Force Development Council 
to coordinate the needs of industry with the programs offered in North Carolina's edu- 
cational institutions. The Economic Development Division transfer encountered some 
opposition because the existing structure had allowed new prospective industry to deal 
with only one department regarding environmental regulation and economic devel- 
opment. 

Reorganization has become a predictable, on-going feature of state government's 
executive branch since 1971. Department names changed, missions and mandates 
altered, some agencies, such as the Office of State Controller, given autonomous sta- 
tus and one new department — the Department of Community Colleges — created. 

The most sweeping reorganization since 1977 occurred in 1989 and involved 
major changes to the Departments of Commerce, Human Resources and Natural 
Resources and Community Development (NRCD). All three were restructured sig- 
nificantly. The Department of Natural Resources and Economic Development became 
the Department of Environment, Health and Natural Resources with primary respon- 
sibilities in the areas of environmental and natural resources management and public 
health protection. The Department of Commerce was renamed the Department of 
Economic and Community Development. This department acquired the community 
development activities of the old NRCD and added them to the commercial and indus- 
trial activity of the old Department of Commerce. The Department of Human 
Resources lost its Division of Health Services and several sections from other divi- 
sions relating to environmental and health management. 

The growth in programs at the Department of Environment, Health and Natural 
Resources led to legislation approved in the 1996 General Assembly that fonnally 
reorganized the department yet again. As of June 1, 1997, all health functions and pro- 
grams were consolidated in the newly-renamed Department o\^ Health and Human 
Services, which also comprised the fonner Department of Human Resources. The 
Department of Environment, Health and Natural Resources was renamed the 
Department of Environment and Natural Resources. 



126 



The Council of State 



Origin and Composition 

North Carolina's Council of State is composed of the elected officials enu- 
merated in Article ill of the Constitution of North Carolina. Each of these offi- 
cials is the executive head of a department of state government. The council 
advises the governor on certain important administrative matters of state. The 
council is also charged by statute with other specific duties and responsibilities. 

The Council of State had its origin in the Constitution of 1776. Drafted and 
promulgated by the Fifth Provincial Congress in December, 1776, this document 
was created without being subsequently submitted to North Carolina voters for 
popular approval. The constitution — and its accompanying declaration of rights, 
set forth the organizational structure of the new state government while, at the 
same time, limiting its ability to intrude in the private live of many state citizens. 
The 1776 constitution established the familiar three-way separation of power that 
still forms the basis of state government in North Carolina. True power of state, 
however, was concentrated in the legislative branch. 

A profound distrust of executive power was evident throughout the 
Constitution of 1 776. It allowed the governor only a one-year term with a limit of 
only three terms in any six years. The small amount of executive authority grant- 
ed to the governor was further limited by requiring, in many instances, the con- 
currence of the Council of State before power could be exercised by the governor. 

The Council of State consisted 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 



127 



State Treasurer 

Superintendent of Public Instruction 
Attorney General 
Commissioner of Labor 
Commissioner of Agriculture 
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 member of the Council of State may be elect- 
ed. In the event of vacancy on the council 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 consti- 
tute 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: 

Advise the governor on calling special sessions of the North Carolina 
General Assembly. 

Advise the governor and state treasurer on investment of assurance 
fund. 

Approve transfers from state property fire insurance fund agencies suf- 
fering losses. 

Approve the purchase of insurance for reinsurance. 

Control internal improvements and require the chief executive of public 
works to report on improvements to the council and the General 
Assembly. 

Approve the sale, lease and mortgage of corporate property in which the 
state has an interest. 

Investigate public works companies. 



128 




The North Carolina Council of State 

(From left to n^Jt) 

Midjdd F. Eos ley, A ttomey General 

James E. Long, Corniissioner cf Insurance 

Dr Midxid E. Ward, Supenntendett cf PuHic Instmction 

Harry E. Payne, Jr., Commissioner cf Labor 

Elaine F. Marsloall, Secretary cf State 

James. B. HwTt,Jr, Goiemor 

Denms Wuker, Liei4tenant Gouemor 

Jim Graljam, Gomnissioner cf A griadture 

Harlan E. Boyles, State Treasurer 

Ralph Garrpbdl, State A uditor 



129 



Approve the governor's determination of competitive positions. 

Allot contingency and emergency funds for many purposes. 

Approve survey of state boundaries. 

Sign bonds in lieu of treasurer. 

Autiiorize tlie treasurer on replacing bonds and notes. 

Authorize the treasurer to borrow in emergency and report such to the 
state legislature. 

Approve the issuance of bonds, set interest rate and approve the manner 
of sale. 

Request cancellation of highway bonds in sinking funds if necessary. 

Approve borrowing in anticipation of collection of taxes. 

Approve parking lot rules. 

Participate in lease, rental, purchase and sale of real property. 

Approve motor pool rules. 

Approve general service rules and regulations. 

Approve property and space allocations. 

Approve war and civil defense plans. 

Approve banks and securities for state funds. 

Approve all state land transactions. 



Meetings 

The Council of State meets monthly at a time agreed upon by its members. 
Currently, the council meets the first Tuesday of each month. Prior to 1985, 
Council of State meetings were exempted from the State Open Meetings Law by 
act of the General Assembly. There was, however, so much public uproar over 
this practice that since 1985 the meetings have been open. 



130 



The Office of the Governor 

The Office of the Governor is the oldest governmental office in the state. 
North Carolina's first governor was Ralph Lane, who served as Governor of Sir 
Walter Raleigh's first colony on Roanoke Island ( 1 585). The first permanent gov- 
ernor was William Drummond, appointed by William Berkeley, Governor of 
Virginia, and one of the Lords Proprietors. Prior to 1 729, governors were appoint- 
ed by the Lords Proprietors and, after 1 730. they were appointed by the crown. A 
governor served at the pleasure of the appointing body, usually until he resigned, 
although there were several instances where other factors were involved. When a 
regularly-appointed governor, for whatever reason, could no longer perform his 
functions as chief executive, either the president of the council, the deputy or lieu- 
tenant governor took over until a new governor could be appointed. Following our 
first state constitution, the governor was elected by the two houses of the General 
Assembly. He was elected to serve a one-year term and could serve no more than 
three years in any six. 

In 1835, with popular pressure for a more democratic form of government 
being felt in Raleigh, a constitutional convention voted to amend certain sections 
of the state constitution. One of the amendments provided for election of the gov- 
ernor by vote of the people every two years. Little was done, however, to increase 
his authority in areas other than that of appointments. 

In 1868, North Carolinians adopted their second constitution. The 
Constitution of 1868 incorporated many of the amendments that had been added 
to the original 1776 Constitution, but also included changes resulting from the 
Civil War and emerging new attitudes towards government. Provisions in this new 
constitution increased the governor's term of office from two to four years and 
increased some of his duties and powers as well. 

Today, North Carolina is governed by her third constitution. When ratified by 
the state's voters in 1970, the new state constitution contained few changes deal- 
ing with the executive branch in general and the governor in particular. The citi- 
zens of North Carolina addressed the issue of gubernatorial succession in 1977 
and voted to allow the governor and lieutenant governor to run for a second con- 
secutive term. Following his re-election in 1980, Governor James B. Hunt, Jr. 
became the first Governor of North Carolina since 1 866 to be elected to two con- 
secutive four-year terms and to an unprecedented third term in 1992. Gov. Hunt 
won re-election again in 1996. 

In 1972, the Office of the Governor was created as one of the 19 departments 
in the executive branch of state government. Under the governor's immediate 



131 



jurisdiction are assistants and personnel needed to carry out the functions of chief 
executive. The Governor of North Carolina is not only the state's chief executive. 
He or she also directs the state budget and is responsible for all phases of budg- 
eting from the initial preparation to final execution. The governor is commander- 
in-chief of the state's military forces. He or she also serves as chair of the Council 
of State, which meets regularly and which may convene in times of emergencies. 
The governor has the authority to convene a special session of the General 
Assembly should affairs of the state dictate such a move. 

The North Carol ina Constitution requires the governor to faithfu I ly execute the 
laws of the state. He or she has the power to grant pardons and commute prison 
sentences. The governor may also issue extradition warrants and requests, join 
interstate compacts and re-organize and consolidate state agencies under his direct 
control. The governor has final authority over state expenditures and is also 
responsible for the administration of all funds and loans from the federal govern- 
ment. At the start of each regular session of the General Assembly, the governor 
delivers the State of the State address to a joint session of the legislature. Chief 
administrative branches of the Office of the Governor include: 

Q Executive Assistant: The Executive Assistant to the Governor oversees 

the Office of the Governor. He or she monitors the cabinet's policy devel- 
opment, 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 or her representative. 

G Legal Counsel: The Legal Counsel of the Office of the Governor moni- 

tors all legal issues relating to the governor and his cabinet. The counsel, 
who is appointed by the governor, advises the governor when policy 
developments involve legal issues and investigates the merits of pardon 
requests, commutations, reprieves, extraditions, rewards and payments of 
legal fees charged by the state. 

Q Office of Budget and Management: Responsible for the state budget, the 

state budget officer is appointed by the governor to assist in carrying out 
fiscal responsibilities. The Office of Budget and Management, under 
direction of the state budget office, directs preparation of the state budg- 
et, advises the governor on policy decisions related to the biennial budg- 
et, legislative issues and the management of state government. Ihc state 
budget officer also serves as a liaison to the state's business community. 



132 



G Boards and Commissions Office: The Boards and Commissions Office 

reviews applications and submits recommendations for appointment to 
the governor for more than 350 statutory and non-statutory boards and 
commissions controlled by the Office of 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. 

□ Office of State Planning: The Office of State Planning compiles and dis- 
seminates accurate, comprehensive statistical data to help advance sound 
public policy analysis, planning and decision-making. The office's 
Strategic Planning and Analysis Section helps state agencies conduct 
strategic planning and other processes that review each agency's current 
operations, define the expected outcomes of those operations, identify 
trends and factor influencing operations and develop new objectives and 
strategies to meet changes in demand for the agency's services. The State 
Data Center is a consortium of state and local agencies that compiles and 
maintains economic and other data about North Carolina and its compo- 
nent geographic areas. The State Demographics Unit prepares annual 
population estimates for all North Carolina municipalities. The unit pre- 
pares county and state population estimates and projections by age, race 
and sex. The Center for Geographic Information and Analysis (CGIA) 
provides geographic information, products and services such as the N.C. 
Corporate Geographic Database and the N.C. Geographic Information 
Clearinghouse on a statewide basis to support public decision-making. 
The Community Resource Information System (CRIS) provides local 
communities throughout the state with information about state govern- 
ment financial and technical assistance programs and services. The CSIR 
database currently provides descriptive information on nearly 300 state 
agency programs. The North Carolina Geodetic Survey Section (NCGS) 
provides state-of-the-art methods of precise positioning and advanced 
geodetic techniques to establish and maintain the official survey base of 
the state. The survey supports mapping, boundary determination, proper- 
ty delineation, infrastructure development, resource evaluation surveys 
and scientific applications. 

□ Press Office: The press secretary serves as the spokesperson for the 
Office of the Governor and coordinates communications efforts for the 
administration, making sure the press and public get information about 



133 



their state government. In addition to preparing press releases, speeches 
and public service announcements, the Press Office also plans public 
events for the governor. 

□ Office of Citizen Affairs: The Office of Citizen Affairs works to make 
state government more responsive to the citizens of North Carolina. Its 
citizen relation representatives respond to complaints and help citizens 
tackle problems with the help of state agencies. In addition to handling 
citizen concerns, this office offers information about volunteerism in 
North Carolina. The office continually promotes volunteer activity with- 
in 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 Order of the Long-Leaf Pine 
Certificate and the 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. 

G Legislative Counsel: The Legislative Counsel of the Office of the 

Governor is responsible for establishing and maintaining a working rela- 
tionship with members of the General Assembly on all legislative matters 
of importance to the governor. The legislative counsel tracks legislation as 
it moves through the General Assembly and reports on its progress to the 
governor. 

G Eastern Office: Located in New Bern, this office serves as a regional 

extension of the governor's Raleigh office. The eastern office links local 
governments, the private sector and citizens of 33 eastern North Carolina 
counties. The 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 stafTalso 
represents the governor at forums, civic and business events. 

□ 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. The office, located in Asheville, serves 27 western 
counties, working with local governments and the prixatc sector to 



134 



respond to the needs of the region's citizens. This office also works with 
legislators representing the region to promote programs and funding to 
boost western North Carolina. The staff of the Western Office represents 
the governor on councils and boards, as well as at public forums and civic 
and business events. Day-to-day management and supervision of the use 
of the governor's western residence is a major responsibility of this 
office. The residence is available to non-profit, civic, state, local and fed- 
eral agencies for meetings, retreats and other gatherings. 

□ North Carolina's Washington, D.C., Office: The North Carolina 

Washington Office was established by Governor James E. Holshouser, Jr. 
The staff serves as a liaison between the governor. North Carolina's con- 
gressional delegation, federal agencies and the White House. The staff 
monitors and evaluates the impact of federal legislative initiatives pro- 
posed by the administration and advocates for the interests of the state. 
The Washington office also responds directly to constituent requests for 
information. 



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) 



135 



For further information about the Office of the Governor, call: 

(919) 733-4240 

or visit the Web site for the Office of State Management and Budget at: 
http://www.osbin.state.nc.us/osbm/ 



136 




137 



James B. Hunt, Jr. 



Governor 

Early Years 

Bom in Greensboro, N.C. on May 16, 1937, to James B. Hunt Sr. and Elsie 

(Brame) Hunt. 

Educational Background 

North Carolina 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 and 1993-present (first governor in North 
Carolina history ever elected to serve two consecutive terms and first governor 
elected to a third term); Lt. Governor, 1973-77; senior law partner, Poyner & 
Spruill, 1985-1992; Ford Foundation economic advisor to the Government of 
Nepal, 1964-66; partner, Kirby, Webb and Hunt, 1966-72. 

Political Activities 

Governor of North Carolina, 1977-85 and 1993-present; Lt. Governor, 1973-77; 
Former Chairman of the National Democratic Party Commission on the 
Presidential Nomination, 1981; Assistant Chairman of the N.C. Democratic Partv; 
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 



138 



University School of Arts and Sciences Advisory Board; Chair of the National 
Commission on Teaching and America's Future. 

Hofjors 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 contributing 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 vol- 
unteer leadership, 1983; Honor Award from the Soil Conservation Society of 
America, 1986. 

Publications 

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

Production Practices for Flue-Aired Tobacco," (Master's Thesis, chosen in 1963 

as one of the three best in US and Canada by American Farm Economic 

Association). 

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 
throughout North Carolina. His policy initiatives have included: 

^ Cutting taxes and government: In 1995, Gov. Hunt proposed a $483 

million 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 General Assembly to build 

no-frills prisons, toughen sentences, repeal the prison cap, put more pris- 
oners to work and put crime victims first. In 1994, he called a special ses- 
sion 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 prison beds have been 
built or authorized since Gov. 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 



139 



17,000 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 for their parents to 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 screenings 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 campus- 
es. He formed the N.C. Center for Prevention of School Violence to pro- 
vide hands-on help for schools. He initiated a drive to get students 
involved in making classrooms safer and has provided new resources for 
school resource officers. At Gov. Hunt's urging, the General Assembly 
has reduced class size in kindergartens and first grades throughout North 
Carolina. 

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 program requires North Carolinians to work 30 hours a week - paid 
or unpaid - within 1 2 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 North 
Carolina during 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. Forbes magazine has identified North Carolina 
as one of the top boom states in the country. In 1994, Gov. Hunt launched 



140 



JobReady, a program designed to prepare high school students for the 
workforce whether they attend a four-year college, attend a two-year col- 
lege or go straight to work after graduation. JobReady relies on school- 
business partnerships to give students first-hand experience in the work- 
place. 

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. 



141 



Governors of North Carolina 



Governors of "Virginia"^ 

Name Term 

Ralph Lane! 1585-1586 

John White2 1587 

Proprietary Chief Executives 

Name Term 

(Samuel Stephens)^ 1622-1664 

William Drummond4 1665-1667 

Samuel Stephens^ 1667-1670 

Peter Carteret^ 1670-1671 

Peter Carteret^ 1671-1672 

John Jenkins^ 1672-1675 

Thomas Eastchurch^ 1675-1676 

[Speaker-Assemblyj'O 1676 

John Jenkins" 1676-1677 

Thomas Eastchurch'- 1677 

Thomas Miller'^ 1677 

[Rebel Council]'4 1677-1679 

SethSothelJlS 1678 

JohnHarvey'6 1679 

John Jenkins'7 1679-1681 

Henry Wilkinson'8 1682 

SethSothell'9 1682-1689 

John Archdale20 1683-1686 

JohnGibbs2' 1689-1690 

Phillip Ludwel|22 1690-1691 

Thomas Jarvis23 1690-1694 

Phillip Ludwel|24 1693-1695 

Thomas Harvey25 1694-1699 

John Archdale26 1695 



142 



Name Term 

John Archdale27 1697 

Henderson Walker^^ 1699-1703 

Robert DanieP'^ 1703-1705 

Thomas Cary-^t* 1705-1706 

William Glover-'" 1706-1707 

Thomas Cary-'^^ I7Q7 

William Glover-^-^ 1707-1708 

Thomas Cary-^^ 1709-1710 

Edward Hyde-^^ 1711-1712 

Edward Hyde^^ 1712 

Thomas Pollock^^ 1712-1714 

Charles Eden-''9 1714-1722 

Thomas Pollock-K' 1722 

William Reed^' 1722-1724 

Edward Moseley^- 1724 

George Burrington^-'' 1724-1725 

Sir Richard Everard^ 1725-1731 

Royal Chief Executives'^^ 

Name Term 

George Burrington'^^ 1731-1734 

Nathaniel Rice-^7 I734 

Gabriel Johnston-^8 1734-1752 

Nathaniel Rice'^^ 1752-1753 

Matthew Rowan^O 1753-1754 

Arthur Dobbs5' 1754-1765 

James Haseip2 1763 

William Tryon53 1765 

William Tryon54 1765-1771 

James Hasel|55 1771 

Josiah Martin56 1771-1775 

James Haselp7 I774 



143 



Elected by the General Assembly^^ 

Name Residence Term 

Richard Caswel|59 Dobbs 1776-1777 

Richard Caswell Dobbs 1777-1778 

Richard Caswell Dobbs 1778-1779 

Richard Caswell Dobbs 1779-1780 

AbnerNash^O Craven 1780-1781 

Thomas Burke^l 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 1787-1788 

Samuel Johnston Chowan 1788-1789 

Samuel Johnston^^ Chowan 1789 

Alexander Martin64 Guilford 1789-1790 

Alexander Martin Guilford 1790-1792 

Alexander Martin Guilford 1792 

Richard Dobbs Spaight Craven 1792-1793 

Richard Dobbs Spaight Craven 1793-1795 

Richard Dobbs Spaight Craven 1795 

Samuel Ashe New Hanover 1795-1796 

Samuel Ashe New Hanover 1796-1797 

Samuel Ashe New Hanover 1797-1798 

William R. Davie65 Halifax 1798-1799 

Benjamin Williams Moore 1799-1800 

Benjamin Williams Moore 1800-1801 

Benjamin Williams Moore 1801-1802 

John Baptiste Ashe66 Halifax 1802 

James Turner67 Warren 1802-1803 

James Turner Warren 1803-1804 

James Turner68 Warren 1804-1805 

Nathaniel Alexander Mecklenburg 1805-1806 

Nathaniel Alexander Mecklenburg 1806-1807 

Benjamin Williams Moore 1807-1808 

David Stone Bertie 1808-1809 

David Stone Bertie 1809-1810 



144 



Name Residence Term 

Benjamin Smith Brunswick 1810-181 1 

William Hawkins Warren 1811-1812 

William Hawkins Warren 1812-1813 

William Hawkins Warren 1813-1814 

William Miller Warren 1814-1815 

William Miller Warren 1815-1816 

William Miller Warren 1816-1817 

John Branch Halifax 1817-1818 

John Branch Halifax 1818-1819 

John Branch Halifax 1819-1820 

Jesse Franklin Siirrv 1820-1821 

Gabriel Holmes Sampson 1821-1822 

Gabriel Holmes Sampson 1822-1823 

Gabriel Holmes Sampson 1823-1824 

HutchingsG. Burton Halifax 1824-1825 

HutchingsG. Burton Halifax 1825-1826 

HutchingsG. Burton Halifax 1826-1827 

James Iredell, Jr/''^ Chowan 1827-1828 

John Owen Bladen 1828-1829 

John Owen Bladen 1829-1830 

Montford Stokes^*^ Wilkes 1830-1831 

Montford Stokes Wilkes 1831-1832 

David L. Swain Buncombe 1832-1833 

David L. Swain Buncombe 1833-1834 

David L. Swain Buncombe 1834-1835 

Richard D. Spaight, Jr Craven 1835-1836 

Popular Election: Two-Year Terms^^ 

Name Residence Term 

Edward B. Dudley New Hanover 1836-1838 

Edward B. Dudley New Hanover 1838-1841 

JohnM. Morehead Guilford 1841-1842 

JohnM. Morehead Guilford 1842-1845 

William A.Graham Orange 1845-1847 

William A. Graham Orange 1847-1849 

Charles Manly Wake 1849-1851 

Davids. Reid^^ Rockingham 1851-1852 



145 



Name Residence Term 

Davids. Reid'^^ Rockingham 1852-1854 

Warren Winslow^4 Cumberland : 1854-1855 

Thomas Bragg Northampton 1855-1857 

Thomas Bragg Northampton 1857-1859 

John W. Ellis Rowan 1859-1861 

John W. Ellis^^ Rowan 1861 

Henry T Clark'76 Edgecombe 1861-1862 

Zebulon B. Vance Buncombe 1862-1864 

Zebulon B. Vance Buncombe 1864-1865 

William W. Holden^^ Wake 1865 

Jonathan Worth Randolph 1865-1866 

Jonathan Worth Randolph 1866-1868 

Popular Election: Four-Year Terms^^ 

Name Residence Term 

William W. Holden79 Wake 1868-1870 

Tod R. Caldwell^O Burke 1870-1873 

Tod R. Caldwell^' 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. Fowle85 Wake 1889-1891 

Thomas M. Holt 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 



146 



Name Residence Term 

Clyde R. Hoey Cleveland 1937-1941 

John Melville Broughton Wake I94I-I945 

Robert Gregg Cherry Gaston 1945-1949 

William Kerr Scott Alamance 1949-1953 

William B. Umstead^^ 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.^^ Watauga 1973-1977 

James B. Hunt, Jr Wilson 1977-1981 

James B. Hunt, Jr.88 Wilson 1981-1985 

James G. Martin^^ Iredell 1985-1989 

James G. Martin Iredell 1989-1993 

James B. Hunt, Jr.^O Wilson 1993-Present 



Notes 

Governors of " Virginia " 

'Lane was appointed by Sir Walter Raleigh and left Plymouth, England on 
April 9, 1585. His expedition reached the New World in July. A colony, howev- 
er, was not established until August. 

^White was appointed by Sir Walter Raleigh and departed from Portsmouth, 
England on April 26, 1587. The expedition made stops at the Isle of Wight and 
Plymouth before setting sail for "Virginia"" on May 5. They reached the area to 
be settled 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 
1 590. 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" remains unsolved. 
Proprietary Chief Executives 



147 



■^Stephens was appointed "commander of the southern plantations" by the 
council in Virginia. The geographical location of the "southern plantations" was 
the Albemarle Sound region of northeastern North Carolina where "overflow" 
settlers from Virginia lived. William S. Powell has suggested that Stephens' 
"presence in Carolina removed any urgency for a prompt appointment" of a gov- 
ernor 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, at the 
request of Berkeley's fellow 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, 1 664, it is possible 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. 

^The Lords Proprietors appointed Stephens to replace Drummond. Stephens 
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, 1 664, 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. 

^Carteret commissioned Jenkins to act as deputy governor when he left the 
colony. Carteret's legal authority to make this appointment rested in commissions 
issued by the Lords Proprietors in October, 1 670, 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. Jenkins, 
however, continued to serve. When the General Assembly met following elec- 
tions 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 
governor following the imprisonment of Jenkins. He seems to have remained in 
this position until the spring of 1676 when he departed the colony for England. 

'^Eastchurch "apparently left someone else as speaker, for the assembly 
remained in session". Jenkins, however, was forcibly liberated 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, 



148 



both he and Jenkins exercised control over the province. In October, 1676, 
Jenkins, backed by an armed force, dissolved the assembly and resumed the role 
of governor. 

' ' See footnote 1 0. 

'"-The Lords Proprietors commissioned Eastchurch as governor. Upon his 
return to the colony, he stopped at Nevis in the West Indies and sought the atten- 
tion 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, dying 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. When Miller reached Albemarle, however, he was 
able to secure his position with little initial trouble. Miller's aggressive attempts 
to quiet opposition and his general handling of the government soon put him in 
conflict with the populace. This conflict erupted into the political upheaval known 
as "Culpepper's Rebellion." 

'-^See footnote 12. 

'^Tradition is that John Culpepper was elected governor by the assembly 
members when they rebelled against Miller. There is no documentary evidence to 
substantiate claims 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 exec- 
utive of the colony, acted as a de facto government and evidence exists that a 
"rebel"' council meeting was held in early 1678 at his home. 

'^Sothell was appointed governor in 1678, but was captured "by the Turkes 
and carried into Argier (sic). . ." and did not take office. 

'"Harvey's commission instructed him to act as "President of the Council and 
execute 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. 

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

'^Sothell, following his purchase of the "Earl of Clarendon's share of 
Carolina", became governor under a provision of the Fundamental Constitution 
which "provided that the eldest proprietor that shall be in Carolina shall be 
Governor ...." The date of Sothel's assumption of Governorship is not known. 
Extant records tell nothing about the government of Albemarle in the year fol- 
lowing Jenkins' death. It is possible that Sothell reached the colony and took 



149 



office before Jenkins died or soon afterwards. It is also possible that for a time 
there was an acting governor chosen by the council or that there may have been a 
period of chaos. Nothing is known except that Sothell arrived in Albemarle at 
some time prior to March 10, 1682, when he held court at Edward Smithwick's 
house in Chowan Precinct. Sothell soon ran into trouble with the people of 
Albemarle and at the meeting of the assembly in 1689, thirteen charges of mis- 
conduct 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 
Sothell as governor because he abused the authority granted him as a proprietor. 

'-^Archdale was in the colony by December, 1683, to collect quitrents and 
remained in Albemarle until 1686. While Governor Sothell was absent from the 
county, Archdale served on many occasions as acting governor. 

^ ' The Fundamental Constitutions provided that the eldest proprietor living in 
the colony would be governor and that if there were none, then the eldest cacique 
was to act. "Gibbs, a relative of the Duke of Albemarle, had been made a cacique 
of Carolina in October, 1682, and had been granted a manor in the southern 
Carolina colony a few months later. Gibbs came to Albemarle at some date before 
November, 1689, by which time he was known as 'governor.' His claim to the 
governorship seems to have been recognized in the colony for a time; an assem- 
bly appears to have been held while he was governor.' It is probable that 
Albemarle inhabitants recognized his claim until word arrived of Ludwelfs 
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 dispute to the proprietors in 
England, which was apparently done. On November 8, 1691, the proprietors 
issued a proclamation to the inhabitants of Albemarle reaffirming Sothefs sus- 
pension 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 sus- 
pension was not made until May 11,1 693 .) 

^^The Lords Proprietors commissioned Ludwell as governor on December 5, 
1689, following the suspension of Sothell. 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. 

^■'Jarvis acted as deputy governor while Ludwell was in Virginia and 
England. He was officially appointed deputy governor upon LudwelFs acceptance 



150 



of the governorship of Carolina and served until his death in 1694. 

^^Ludwell served as acting governor, possibly by appointment of Thomas 
Smith, governor of Carolina. The authority under which he acted is not known. In 
October, 1694, it is apparent that the Lords Proprietors did not know of his posi- 
tion since surviving documents from that time refer to him as "our late Governor 
of North Carolina." Ludwell issued a proclamation on November 28, 1693, and 
land grant records indicate that he acted as chief executive intermittently through- 
out 1694 and as late as May of 1695. Records show that he was residing in 
Virginia by April, 1695, and had been elected to represent James City County in 
the Virginia Assembly. 

^-Harvey became president of the council upon the death of Jarvis in 1694. 
He was presiding over the council on July 12, 1694, and signed several survey 
warrants the same day. He continued serving until his death on July 3, 1699. 

*-"Archdale stopped in North Carolina for a few weeks and acted as chief 
executive on his way to Charleston to assume office as governor of Carolina. He 
was in Virginia en route to Charleston on June 11,12 and 13, 1695, and was in 
Charleston by August 17, 1695, the date on which he took the oath of office at 
Charleston. 

"'Archdale's authority to act as governor rested with his previous commis- 
sion, which was still valid. The problem of gubernatorial succession at this time 
is due to the death of Lord Craven and 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. 

"■"Walker, as president of the council, assumed the role of chief executive 
shortly after the death of Harvey and relinquished it upon the arrival of Robert 
Daniel sometime between June 20, 1703 and July 29, 1703. 

^^Daniel was appointed deputy governor of Carolina by Sir Nathaniel 
Johnson, Governor of Carolina, and was acting in this capacity by July 29, I 703. 
Conflicts with minority religious groups, primarily the Quakers, led to his sus- 
pension in March. 1705. 

■'^Cary was appointed by Sir Nathaniel Johnson, Governor of Carolina, to 
replace Daniel and arrived in North Carolina on March 21, 1705. Dissenters were 
pleased initially with the appointment, because Cary was related by marriage to 
John Archdale, the Quaker proprietor. This initial feeling of goodwill toward Cary 
soon changed. When he arrived in North Carolina, Cary found Anglicans in most 
places of power and, therefore, cast his lot with them. Although the law requiring 
oaths of allegiance was still on the statute books, dissenters had assumed that 



151 



Cary would not enforce it. When the General Court met on March 27, however, 
Cary did just that, the oath act being publicly read and put into execution. At the 
General Assembly meeting in November, 1705, Quaker members were again 
required to take oaths. They refused and were subsequently excluded from the 
legislature. Cary and his Anglican allies then passed a law voiding the election of 
anyone found guilty of promoting his own candidacy. This loosely-defmed 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. 

Gary's actions spurred dissenter leaders and some disgruntled Anglicans to 
send a representative to England to plead for relief. In October, 1706, their cho- 
sen spokesman, John Porter, left Albemarle for London. Surviving records make 
it clear 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 per- 
suaded the Lords Proprietors to issue orders to Porter suspending Sir Nathaniel 
Johnson's authority over North Carolina, removing Cary as deputy governor, 
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 elected, but the vote was illegal since Porter's instructions required 
that Cary and the former councillors be present for the voting. Porter knew exact- 
ly what he was doing, however, and later used the illegality of the election to force 
Glover out of office. 

On November 3, 1707, Glover convened the general assembly at John 
Hecklfield's house at Little River. Joining him in the upper house as lords 
deputies were Porter, Foster, Newby, Hawkins and Thomas Cary, recently 
returned from South Carolina. After requesting that the lower house send its list 
of members to him, the president proposed dissolution of the assembly without 
further business. Cary objected, but the following day Glover and the rest of the 
council dissolved the General Assembly. Although he had been required to con- 
vene the assembly in compliance with the biennial act which specified that a leg- 
islative session be held every two years. Glover apparently did not want Cary to 
use the gathering as a forum. 

At some point between the close of the assembly in November, 1707, and the 
summer of 1708, Glover turned on the dissenters. Apparently, he decided to 



152 



revive the oath of office and force the Quaker councillors to take it. Seeing the 
turn of events, Cary moved to join Porter and the dissenters in the hope of regain- 
ing the chief executive's office. After receiving assurances of toleration from 
Cary, Porter moved decisively. Late in the summer of 1708, he called together 
both 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 determine the validity of their rival claims. 
Cary and Glover each issued separate writs of election to every precinct which 
then proceeded to elect two sets of burgesses - one pledged to Cary and one to 
Glover. Cary men predominated in Bath County and Pasquotank and Perquimans 
precincts. Glover men controlled Currituck precinct, and Chowan was almost 
evenly divided. In the critical maneuvering for control of the assembly which met 
October 11, 1708, Cary forces scored an early, ultimately decisive victory. 
Edward Moseley, an Anglican vestryman, was chosen speaker of the house. 
Despite his religious affiliation, he was a Cary supporter. Through Moseley's 
careful management, Cary delegates were seated from every precinct except 
Currituck. When news of the Cary victory in the lower house reached Glover, he 
departed for Virginia. There is evidence that Glover continued to act in the capac- 
ity 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 council- 
lors. The general assembly nullified the test oaths and the council officially elect- 
ed Cary president. 

The Lords Proprietors were slow to intervene to stop the political turmoil in 
North Carolina. In December, 1708, they appointed Edward Tynte to be governor 
of Carolina and instructed him to make Edward Hyde deputy governor of North 
Carolina. Arriving in the colony early in 1711, Hyde had no legal claim on the 
deputy governorship because Tynte had died before commissioning him. He was, 
however, warmly received in Albemarle and his position as a distant kinsman of 
the queen so impressed the council that it elected Hyde to the presidency. He 
called a general assembly for March, 1711, where he recommended harsh legis- 
lation against dissenters and the arrest of Cary and Porter. From his home in Bath, 
Cary rallied his supporters to resist and the armed conflict known as the Cary 
Rebellion began. 

-''See footnote 30. 

■^■^See footnote 30. 

■^■^See footnote 30. 



153 



■^^See footnote 30. 

■^^See footnote 30. 

■^"Edward Hyde served first as president of the council and later as governor 
by commission from the Lords Proprietors. When Cary challenged his authority, 
armed conflict erupted between the two. Gary's Rebellion ended with the arrest of 
Cary. He was later released for lack of evidence. Hyde continued as governor until 
his death on September 8, 1712. 

^ 'See footnote 36. 

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

■^"Xhe Lords Proprietors commissioned Eden and he served until his death on 
March 22, 1722. 

^^Poilock, 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. 

^^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. 

"^-^ Burrington was commissioned governor of North Carolina by the Lords 
Proprietors and served until he was removed from office. Why he was removed is 
not officially known. 

^^The Lords Proprietors commissioned Everard following Burrington's 
removal from office. Burrington, however, 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. 

^"Burrington was the first governor commissioned by the crown, and the 
only man to be appointed by both the Lords Proprietors and the crown. He qual- 
ified 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. 



154 



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

'^ Rice, as president of the council, became chief executive following the 
death of Johnston. Johnston was considerably advanced in age when he assumed 
office and soon died. 

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

^^Dobbs was commissioned by the crown and arrived in North Carolina in 
late October, 1 754. 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. 

-'■^Tryon, who had been commissioned lieutenant governor under Dobbs, 
served as chief executive, first under his commission as lieutenant governor and 
then under a new commission as governor. He served in this capacity until 1771 
when he was appointed governor to New York. 

-^"^See footnote 53. 

^^James Hasell, 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 gov- 
ernor of North Carolina. The date of his actual relinquishing of authority has been 
one of controversy among historians. Some cite the day he left North Carolina soil 
as July, 1 775. Others accept July 4, 1 776. Martin considered himself to be gover- 
nor throughout the Revolution since his commission had not been rescinded. 

^ '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 

^^The Constitution of 1 776 provided that the General Assembly "elect a gov- 
ernor for one year, who shall not be eligible to that office longer than three years, 
in six successive years." 

^^The Provincial Congress appointed Caswell to act "until [the] next General 
Assembly." The General Assembly later elected him to one regular term and two 
additional terms. 

"^The House and Senate Journals for 1780 are missing. Loose papers found 



155 



in the North Carolina state archives, however, provided the necessary informa- 
tion. Nash requested that his name be withdrawn from nomination in 1 781 . 

"'On September 12, 1781, Burke and several other state officials and conti- 
nental officers were captured by the British. Burke was sent to Sullivan's Island 
near Charleston, South Carolina, and later transferred to James Island. After sev- 
eral attempts, he was able to obtain a parole to return to North Carolina in late 
January, 1 782. General Alexander Leslie, who issued the parole, later changed his 
mind and wrote General Nathaniel Greene requesting the immediate return of 
Burke. Feeling that it was more important for him to remain in North Carolina, 
Burke refused to comply with the request despite urging from several men of 
importance who questioned the legality, as well as the prudence, of his actions. 
Subsequent adversity prompted Burke to have his name withdrawn from the list 
of nominees for governor in 1782. He retired from public life to his home near 
Hillsborough where he died the following year. 

"'-Martin, as Speaker of the Senate, was qualified as acting governor upon 
receiving news of Burke's capture. He served in this capacity until Burke returned 
to North Carolina in late January, 1 782. 

"■^On November 26, 1789 Johnston was elected 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. 

"^See footnote 63. 

"■'Davie served only one term as governor due to his appointment in 1 799 by 
President Adams to a special diplomatic mission to France. Crabtree, North 
Carolina Governors, 57. 

""Ashe died before he could qualify and Turner was elected to replace him. 

"'See footnote 66. 

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

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

70 

'"Stokes was appointed by President Jackson in 1832 as "chairman of the 

Federal Indian Commission to supervise the settlement of southern Indians west 

of the Mississippi." 

Popularly-Elected Governors: Two- Year Term 

''The Constitutional Convention of 1835 approved an amendment to the 



156 



constitution providing for the popular election of governor. The terms of office for 
governor was lengthened to two years. He could only serve two terms in a six- 
year period. 

7'' 

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

'■^On November 24, 1 854, the General Assembly elected Reid to complete the 
unexpired term of Willie P. Mangum in the United States Senate. 

'"^Winslow, as Speaker of the House, qualified as governor following the res- 
ignation of Reid. 

^^Ellisdiedon July 7, 1861. 

'"Clark, as Speaker of the Senate, became governor following the death of 
Ellis. 

77 

''Major General Daniel E. Sickles, commander of the Second Military 

District, appointed Holden as provisional governor on May 9, 1 865. Worth defeat- 
ed him in the popular election of 1 865. 

'"The North Carolina Constitution of 1868 extended the term of office for 
governor from two years to four years, but prohibited him from seeking re-elec- 
tion for the following term. 

Popularly-Elected Governors: Four-Year Term 

70 

The efforts of 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 reso- 
lution 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. 

OA 

°"Caldwell became governor following the removal of Holden from office 
and was elected governor in the general elections of 1872. He died in office July 
II, 1874. 

^^See footnote 80. 

""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, 1 879. 

0-3 

"■^Jarvis became governor following the resignation of Vance, and was elect- 
ed governor in the general elections of 1880. 



157 



"^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. 

""Umstead died on November 7, 1954. 

^'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 
elected to another term. A constitutional amendment adopted in 1977 permitted 
the governor and lieutenant governor to run for re-election. 

"^Martin became only the second Republican elected in this century. He was 
re-elected in 1988. 

"^Hunt became the first governor to serve two consecutive four-year terms 
and then, after sitting out two gubernatorial elections, be re-elected for a third 
term. 



158 

Office of the Lieutenant Governor 

The origin of this office goes baciv to 16th century England when the English 
Crown established the office of the Lord Lieutenant, a county official who repre- 
sented the king in the management of local affairs. 

Although several early American colonial charters referred to a "deputy gov- 
ernor," the phrase "Lieutenant Governor'' was used for the first time in the 
Massachusetts Charter of 1 69 1 . 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 lieu- 
tenant governor the chief member of the governor's council. 

The North Carolina Constitution of 1776 made no provision for a lieutenant 
governor. The constitutional convention of 1 868 chose to create 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 to preside over 
the N.C. Senate. As the presiding officer, he appointed senators to committees and 
oversaw legislation as it passed through the Senate. Today, the Office of 
Lieutenant Governor is a full-time position and the lieutenant governor is no 
longer limited to one four-year term. Instead, he or she may be elected to one 
additional, consecutive four-year term. 

Unlike any other state official, the lieutenant governor straddles the executive 
and legislative branches. The office is vested with constitutional and statutory 
powers in both branches. Under the Constitution the lieutenant governor 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, 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 
and the North Carolina Capitol Planning Commission The lieutenant governor 
also chaired the State Board of Community Colleges for the 1995-97 term. 

The lieutenant governor is chairman of the North Carolina Small Business 
Council, which formulates policy to promote small business growth and econom- 
ic development across the state. The lieutenant governor chairs the State Health 
Plan Purchasing Alliance Board, which is helping provide more affordable health 



159 



care coverage for North Carolina's working families. He or she chairs the North 
Carolina Local Government Partnership Council, which helps promote a better 
relationship between state and local governments. 

The Office of the Lieutenant Governor consists of a staff that assists the lieu- 
tenant 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 

North Carolina Capitol Planning Commission 

North Carolina Small Business Council 

State Board of Community Colleges 

State Board of Education 

State Health Plan Purchasing Alliance Board 

North Carolina Local Government Partnership Council 

North Carolina Information Resource Management Commission (Chair) 

For further information about the Office of the Lieutenant Governor, cal 

(919) 733-7350 



160 




161 

Dennis Alvin \^cker 



Lieutenant Governor 

Early Years 

Bom 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. i 

Professional Background 

Attorney (firm of Love and Wicker, P.A., 1979-92). 

Political Activities 

Lieutenant Governor of North Carolina, 1993-present; N.C. House of 

Representatives, 1980-92 (6 terms). 

Organizations 

N.C. State and American Bar Associations; Academy of Trial Lawyers. 

Boards and Commissions 

N.C. Board of Education; Chair, N.C. Board of Community Colleges; Chair, 
Small Business Council; Chair, State Health Plan Purchasing Alliance Board; 
Chair, North Carolina Local Government Partnership Council; Chair, North 
Carolina Information Resource Management Commission. 

Personal Information 

Married, Alisa 0"Quinn of Mamers, N.C, November 6, 1982. Children: Quinn 

Edward, Jackson Dennis (twins) and Harrison Lee. Member, St. Lukes Methodist 

Church. 



162 



Lieutenant Governors 



Name Residence Term 

Tod R. CaldwelP Burke 1868-1870 

Curtis H. Brogden-^ Wayne 1873-1874 

Thomas J. Jarvis-^ Pitt 1877-1879 

James L. Robinson-'' Macon 1881-1885 

Charles M. Stedman New Hanover 1885-1889 

Thomas M. Holt^ Alamance 1889-1891 

Rufus A. Doughton Alleghany 1893-1897 

Charles A. Reynolds Forsyth 1897-1901 

Wilfred D. Turner Iredell 1901-1905 

Francis D. Winston Bertie 1905-1909 

William C. Newland Caldwell 1909-1913 

Elijah L. Daughtridge Edgecombe 1913-1917 

Oliver Max Gardner Cleveland 1917-1921 

William B. Cooper New Hanover 1921-1925 

Jacob E. Long Durham 1925-1929 

Richard T Fountain Edgecombe 1929-1933 

Alexander H. Graham Orange 1933-1937 

Wilkins R Horton Chatham 1937-1941 

Reginald L. Harris Person 1941-1945 

Lynton Y. Ballentine Wake 1945-1949 

Hoyt Patrick Taylor Anson 1949-1953 

Luther H. Hodges^ Rockingham 1953-1954 

Luther E. Barnhardt Cabarrus 1957-1961 

Harvey Cloyd Philpott^ Davidson 1961-1965 

Robert W. Scott Alamance 1965-1969 

Hoyt Patrick Taylor, Jr Anson 1969-1973 

James B. Hunt, Jr Wilson 1973-1977 

James C. Green'^ Bladen 1977-1985 

Robert B. Jordan, 111 Montgomerv' 1985-1989 

James C. Gardner'^* Nash .'. 1989-1993 

Dennis A. Wicker Lee 1993-Present 

Notes 

'The Office of Lieutenant Governor was created by the North Carolina 
Constitution of 1868. 

^Caldwell became governor following Holden's impeachment in 1870. 

-^Brogden became governor following CaldwelFs death. 



163 



"^Jarvis became governor following Vance's resignation. 

^Robinson resigned from office on October 13, 1884. 

"Holt became governor following Fowle's death. 

'Hodges became governor following Umstead's death. 

^Philpott died on August 18, 1961. 

"Green was the first lieutenant governor elected to a second term. 

^ ^Gardner was elected in 1988, becoming the first Republican elected lieutenant 
governor this century. 



164 



Department of the Secretary of State 

The Department of the Secretary of State is the second-oldest government office 
in North Carolina. Shortly after the Lords Proprietors were granted their charter 
in 1663, they appointed the first secretary to maintain the records of the colony. 
The office continued after the crown purchased North Carolina from the Lords 
Proprietors in 1 728. The Office of Secretary of State even survived the turmoil of 
the Revolution, finding its way into the North Carolina State Constitution of 
1776. 

From 1776 until 1835, the Secretary of State was elected by the General 
Assembly in joint session for a term of one year. The Convention of 1835, in addi- 
tion to changing the meeting schedule of the General Assembly from annually to 
biennially, also provided for the election of the Secretary of State by the General 
Assembly every two years. Beginning in 1 868, the Secretary of State was elected 
by the people of North Carolina. 

For decades afterwards, individuals elected to the office were usually re-elect- 
ed on a regular basis. Only seven men held the office during its first 92 years and 
only 21 individuals have held the office since its creation in 1776. William Hill, 
who served as Secretary of State from 1811 until his death in 1857, held the office 
a total of 46 years. This record of service seemed unbreakable until the election 
of 1936, when a young politician from Hertford County was elected Secretary of 
State. Nearly five decades later, on December 22, 1982, Thad Eure broke HilFs 
record, in the process becoming one of the longest-serving elected officials ever 
in North Carolina history. Eure, the self-styled "oldest rat in the Democratic 
barn," retired from office in 1989 after more than 52 years. 

Rufus Edmisten, a former North Carolina Attorney General and aide to the 
U.S. Senate's Watergate investigation committee in the 1970s, succeeded Eure in 
1989. Edmisten's tenure, however, was short-lived by the standard Eure set dur- 
ing his time in office. Re-elected in 1992, Edmisten resigned as Secretary of State 
in March, 1996. Governor James B. Hunt, Jr., appointed the former head of the 
N.C. Department of Revenue, Janice Faulkner, to serve out the remaining months 
of Edmisten's term. Faulkner's appointment made her the first woman ever to 
serve both as Secretary of State and as a member of the Council of State. 

Elaine F. Marshall, a Lillington attorney and former state senator, became 
North Carolina's first female elected Secretary of State in 1996, beating former 
stock car racer Richard Petty. The win at the polls also earned Marshall a place 
state history as the first woman elected to the Council of State. As Secretary of 
State, Marshall holds the highest elective office in the state government's execu- 



165 



tive branch ever won by a woman in North Carolina. 

The Secretary of State is a constitutional officer elected to a four-year term by 
the citizens of North Carolina at the same time as other elected executive officials. 
She heads the Department of the Secretary of State, which was created by the 
Executive Organization Act of 1971. The Secretary of State is a member of the 
Council of State and an ex-officio member of the Local Government Commission 
and Capital Planning Commission. 

By statute the secretary receives all ratified bills of the General Assembly, as 
well as the original journals of the state Senate and state House of 
Representatives. 

The Secretary of State is empowered by law to administer oaths to any pub- 
lic official of whom an oath is required. The secretary is frequently called upon to 
administer oaths to officers of the Highway Patrol, judges and other elected offi- 
cials. In an effort to provide leadership in an important, newly-emerging technol- 
ogy that will have wide-ranging impacts on North Carolina's business communi- 
ty. Secretary Marshall chairs the new North Carolina Electronic Commerce Work 
Group. 

The Department of the Secretary of State plays an important role in the state's 
economy. Many of the department's programs encourage capital investment in 
North Carolina by providing a stable regulatory environment for business and 
industry. The department's business-related sub-branches include: 

Q Business License Information Office: The Business License Information 

Office (BLIO) helps thousands of new businesses throughout North 
Carolina each year by providing them with information on required 
licenses and permits issued by any state agency. BLIO also serves as an 
information clearing house for many state organizations that focus on 
assisting new business start-ups. The Business License Information 
Office, created in 1987 by the General Assembly, helps new businesses 
navigate the state's regulatory channels. The State of North Carolina 
issues hundreds of business-related licenses. Since many of them require 
the business owner to find the correct application or related form among 
the hundreds in existence, this experience can prove very frustrating to 
the would-be entrepreneur. 

The Business License Information Office's Master Application System 
provides a one-stop business application procedure for the entrepreneur, 
eliminating much of the red tape in creating a business. The office also 
publishes the North Carolina State Directory of Business Licenses and 
Permits. The directory contains up-to-date information on more than 600 



166 



state-required licenses and permits. BLIO's services are available to all 
businesses regardless of size, type or location. The office does not charge 
for its services. Call BLIO at (800) 228-8443 for assistance. 

□ Corporations Division: This division regulates the formation, activities 
and dissolution of every corporation, limited liability company and limit- 
ed partnership in the state. The Department of the Secretary of State is 
required by North Carolina law to ensure uniform compliance with 
statutes governing the formation of business entities. As a result, the divi- 
sion records corporate information required by law as a public record, 
prevents duplication of corporate names and furnishes corporate infor- 
mation to the public. The division is responsible for maintaining records 
on approximately 226,775 current corporations, limited partnerships, lim- 
ited liability partnerships and limited liability companies. The 
Information Services Group handles more than 1,500 inquiries daily 
regarding corporate records. The Corporations Division currently 
processes more than 283,385 corporate documents and annual reports 
each year. 

□ Securities Division: The Securities Division of the Department of the 
Secretary of State regulates the sales of stocks and other financial instru- 
ments and the activities of brokers across the state. The Securities 
Division is responsible for administering North Carolina's securities 
laws. These "blue sky'' laws constitute Chapters 78A, and 78C of the 
General Statutes. These seek to protect the investing public by requiring 
a satisfactory investigation of both the people who offer securities and of 
the securities themselves. The laws provide the division with significant 
investigatory powers. 

The Securities Division addresses investor complaints concerning securi- 
ties brokers and dealers, investment advisors or commodity dealers. The 
division is also an information source for investors inquiring about offer- 
ings 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 broker's license. 
The division also has the statutory authority to issue stop orders against 
securities offerings, issue cease and desist orders, seek court ordered 
injunctions or refer the results of an investigation to an appropriate dis- 
trict attorney for criminal prosecution. Conviction of willfully violating 
the state security laws carries the penalty of a Class I felony. Investors 



167 



with concerns about or complaints against specific brokers can call the 
division at (800) 688-4507. The Securities Division is also responsible for 
the registration of athlete agents, loan brokers and investment advisors. 
The Department of the Secretary of State, acting as the securities admin- 
istrator 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, including the Securities and Exchange Commission, and 
with various industry groups such as the National Association of 
Securities Dealers. 

G Trademarks Section: This section issues trademarks and service marks 

for businesses in North Carolina and enforces the state's trademark laws 
against counterfeiters. 

G Uniform Commercial Code Division: This division serves as the reposi- 

tory for all lien records filed by banks, mortgage companies and other 
financial institutions throughout the state. Uniform Commercial Code 
Division Article 9 of the North Carolina General Statutes requires the 
Department of the Secretary of State to provide a method of notifying 
interested third parties of security interests in personal property. The divi- 
sion maintains a notice filing system similar to those used by nearly every 
state in the Union. The UCC Division's records are public record. The 
division processes more than 10,000 filings monthly. 
Records on file include 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 debtor name. A search 
of the records on a particular debtor will produce a list of all active cred- 
itors who have filed statements with this office. 

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 Department of the Secretary of 
State also serves as central filing office for federal tax liens, which are 
handled in the same manner as UCC filings. 

The Department of the Secretary of State also plays a role in the lives of many 
North Carolina residents through the following programs: 
G Authentications Section: The Authentications Section helps North 



168 



Carolina residents and businesses navigate the requirements of the Hague 
Convention. The convention governs international protocol for establish- 
ing the authenticity of official documents issued in the United States that 
are intended for use in business or official governmental transactions in 
other nations. In concrete terms, the Authentications Sections helps thou- 
sands of North Carolina residents complete the paperwork for overseas 
adoptions and shipment of bodies for burial outside the borders of the 
United States each year. North Carolina businesses conducting transac- 
tions overseas also rely on the section's services. 

□ North Carolina Boxing Commission: This commission sanctions and 

regulates all organized professional boxing matches and "toughman" 
fights throughout the state. 

U Land Records Section: The Land Records Section works with local gov- 

ernments to establish standards for the storage of vital land records such as 
deeds. The Land Records Section has provided expertise free to the many 
local governments trying to create electronic archives of their land records. 
The General Assembly created the Land Records Management Section in 
1977. The program encourages the creation and improvement of large- 
scale county maps and the improvement of record-keeping procedures 
with an emphasis on computerization when feasible. Land Records pro- 
vides technical assistance in four major areas — base mapping, cadastral 
mapping, parcel identifiers and automation of land records — to local gov- 
ernments wishing to modernize and standardize their local land records. 
The Land Records Management Division has an advisory committee of 
12 members nominated by professional associations and appointed by the 
Secretary of State. 

Q Notary Public Section: Nearly 1 50,000 North Carolinians are registered 

as notaries public through the department's Notary Section. The 
Department of the Secretary of State has issued commissions to notaries 
public since 1971. The office of notary public is one of the oldest in his- 
tory, having existed as far back as the Greek and Roman Empires. There 
are notaries in every one of the 50 states and in most of the countries 
around the world. Notaries provide a means for establishing the authen- 
ticity of signatures on legal documents such as deeds, automobile titles 
and other instruments. The Notary Public Section issues commissions to 
notaries public in every county in North Carolina. 



169 



G Publications Division: The Publications Division compiles and publish- 

es information useful to the General Assembly, other state agencies and 
the people of North Carolina. The Publications Division maintains a wide 
range of reference works, such as the North Carolina Manual and the 
Directory of State and County Officials, while also managing an archive 
that includes state voting records —both primary and general elections — 
as well as official copies of gubernatorial executive orders, N.C. House 
and Senate journals and N.C. Session Laws extending back over a centu- 
ry and an original copy of the N.C. Constitution of 1868. 

□ Lobbyist Registration: This division administers the state's legislative 

lobbying laws. It is also a repository for official copies of ratified laws. 

Boards and Commissions 
Advisory Committee on Land Records 
Capitol Planning Commission 
Information Technology Commission 
Constitution Publication Committee 
Local Government Commission 



For more information about the Department of the Secretary of State, call: 

(919) 733-4161 

or visit the department's Web site at: 
http://www.secstate.state.nc.us/secstate/ 

If you are starting a business in North Carolina, call the Business License 
Information Office for assistance at: 
(800) 228-8443 



170 




171 



Elaine F. Marshall 

N.C. Secretary of State 

Early Years 

Born November 18, 1945, in Lineboro, Md., to Donald and Pauline Folk. 

Educational Background 

Bachelor's of Science in Textiles and Clothing, University of Maryland, 1968; 

Juris Doctor, Campbell University School of Law, 1981. 

Professional Background 

Director of Camping, Maryland 4-H Foundation (summers), 1964-1966; Teacher, 
Lenoir County School System, 1969-1970; Co-Owner, Book and Gift Store, 
1969-74; Instructor, Lenoir Community College and Johnston Technical 
Community College, 1970-1977; Owner and Decorator, The Custom House, 
Dunn, 1975-1979; Associate, Office of Edgar R. Bain, Lillington, 1981-1984; 
Partner, Bain & Marshall, Lillington, 1985-1992; Partner, Marshall & Marshall, 
Lillington, 1993-Present. 

Political Activities 

North Carolina Secretary of State, 1997-Present; Senator, 15th District, North 
Carolina Senate, 1993-1994; Chair, Harnett County Democratic Party, 1991- 
1992; President, Democratic Women of Harnett County, 1983-1987; National 
Secretary, Young Democrats of America, 1977-1979; National Committee 
Member, Young Democrats of North Carolina, 1974-1977. 

Organizations 

Member, N.C. State Bar; Member, N.C. Bar Association; Member, N.C. 
Academy of Trial Lawyers; Member, N.C. Association of Women Attorneys; 
Member, American Bar Association; Member, American Academy of Trial 
Lawyers; Member, Delta Theta Phi Legal Fraternity; Member, Dunn Business and 
Professional Women, 1982-Present; President, Maryland 4-H, 1963; Legal advi- 
sor, N.C. Business and Professional Women, 1987-1990; Member, Women's 
Forum of North Carolina, Inc., 1993-Present; Fellow, N.C. Institute of Political 
Leadership, 1991. 

Boards and Commissions 

Member, North Carolina Courts Commission, Juvenile Code Study Commission, 



172 



Agriculture and Forestry Resources Study Commission and Joint Legislative 
Highway Oversight Committee, N.C. General Assembly, 1993-1994; Member, 
Legislative Research Study Commission on Alternative Health Care, 1992; 
Member, Board of Directors, N.C. Justice Academy Foundation, 1994-Present; 
Co-chair, Family Issues Study Commission and Medicaid Study Commission, 
N.C. Information Highway Grants Advisory Committee, 1993-1994; Member, 
Board of Directors, N.C. Center for Public Policy Research, 1994-Present; 
Member, North Carolina Board of Economic Development, 1993-1994; Member, 
Board of Directors, N.C. Rural Economic Development Fund, Inc., 1993-1995; 
Member, Board of Directors, N.C. 4-H Development Fund, Inc., 1990-Present; 
Member, Board of Directors, Harnett County United Way, 1987-1996; Founding 
board member, Harnett County Rape Crisis (now SAFE), 1988-1991; President, 
Harnett County Bar Association, 1988-1989; Governor, N.C. Academy of Trial 
Lawyers, 1988-1992; Legislative chair, N.C. Association of Women Attorneys, 
1995; Founding chair, Harnett HelpNet for Children, 1992; Member, State of the 
Child Conference Planning Committee, 1991-1992. 

Honors and Awards 

Distinguished Citizen of the Year, N.C. Council for Women, 1996; Academic 
Honorary, Phi Kappa Phi, 1989; Recipient, Richter Moore Public Service Award, 
N.C. Political Science Association, 1997; Recipient, Gwyneth B. Davis Award, 
N.C. Association of Women Attorneys; Honorary member. Delta Kappa Gamma 
Society, 1994; Lillington Woman of the Year, 1994; Public Citizen of the Year, 
N.C. Chapter of the National Association of Social Workers, 1994; Honorary 
Chair, Harnett HelpNet for Children, 1992-Present; Recipient, North Carolina 
Friend of Extension Award, 1992; Dunn Business Woman of the Year, 1990; 
Recipient, Special Support Award, N.C. Extension Homemakers Award, 1989; 
Harnett County 4-H Alumna of the Year. 1989; Delegate to Brazil, International 
Farm Young Exchange, 1967; National Scholarship Winner, 4-H Foundation, 
1963 

Personal Inforfnation 

Married to Sol Marshall, Esq.; Three step-children, five grandchildren; Member, 

Divine Street Methodist Church, Dunn. 



173 



North Carolina Secretaries of State 

Colonial Secretaries 

Name Term 

Richard Cobthrop' ca. 1665 

Peter Carteret^ 1665-1672 

Robert Holden^ 1675-1677 

Thomas Mi Iler4 1677-1679 

Robert Holden5 1679-1683 

Woodrowe6 1683-1685 

Francis Hartley^ 1685-1692 

Daniel Akehurst^ 1692-1700 

Samuel Swann9 1700-1704 

Tobias Knight'0 1704-1708 

George Lumley'' 1704 

George Lumley 1708 

NevilLowl2 1711 

Tobias Knight'3 1712-1719 

JohnLovick»4 1719-1722 

JohnLovick'5 1722-1731 

Joseph Anderson ^^ 1731 

Nathaniel Rice'^ 1731-1753 

James Murray'^ 1753-1755 

Henry McCullochl9 1755 

Richard Spaight20 1755-1762 

Richard Spaight2> 1762 

Benjamin Heron- 1762-1769 

JohnLondon23 1769-1770 

Robert Palmer24 1770-1771 

Thomas Faulkner^^ 1772 

Samuel Strudwick26 1772-1775 

Secretaries ofState^^ 

Name Residence Term 

James Glasgow28 1777-1798 



174 



Name Residence Term 

William White-'^ 1798-1811 

William Hill-^^^ 1811-1857 

RufusH. Page-^' 1857-1862 

John P. H. Russ-"*- 1862-1864 

Charles R. Thomas^^ 1864-1865 

Robert W. Best-"*-* 1865-1868 

Henry J. Menninger-^5 Wake 1868-1873 

William H. Howerton Rowan 1873-1877 

Joseph A. Engelhard^^ New Hanover 1877-1879 

William L. Saunders37 Wake 1879-1891 

Octavius Coke^8 Wake 1891-1895 

Charles M. Cooke^'^ Franklin 1895-1897 

Cyrus Thompson Onslow 1897-1901 

John Bryan Grimes^O pj^ 1901-1923 

William N. Everett-* • Richmond 1923-1928 

James A. Hartness^^- Richmond 1928-1933 

Stacey W. Wade^*^ Carteret 1933-1936 

Charles G. Powell^^ Granville 1936 

Thad A. Eure^5 Hertford 1936-1989 

RufusL. Edmisten'*^ Watauga 1989-1996 

Janice I. Faulkner'*^ 1996 

Elaine F. Marshall"*^ Harnett 1997-Present 

Notes 

Colonial Secretaries 

The Lords Proprietors chose Cobthrop, but he never sailed to Albemarle. 

^The Lords Proprietors commissioned Carteret and he 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 as 
his successor, 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 or dates of service. He was 
serving as secretary on July 26, 1 675, where he verified a sworn statement and seems 
to have continued in office until the arrival of Miller in July, 1677. It is possible he 
was appointed secretary prior to this date since he had been in the colony since 1 67 1 . 



175 



^When Eastchurch appointed Miller to act in his stead until he returned to 
North Carolina, he apparently appointed him secretary as well as deputy gover- 
nor. On October 9, 1677, Miller attested to the granting of a power of attorney, 
however this could have been in the capacity of acting governor rather than as 
secretary. 

^The Lords Proprietors appointed Holden. He apparently arrived in 
Albemarle in July, 1679. The Lords Proprietors issued a warrant appointing him 
Receiver General of North Carolina in February, 1679, and it is possible that a 
similar warrant was issued about the same time for secretary. Records indicate 
Holden was acting as secretary by November 6, 1679. Sometime between March, 
1681, and July, 1682, Holden was imprisoned on charges of "gross irregularities 
in the collection of Customs" — another office which he held. Extant records do 
not indicate what uhimately happened to him. His name does not appear in coun- 
cil records after 1 68 1 and, in 1 682, John Archdale was issued a blank commission 
to appoint a new receiver-general. It is possible that Holden was released from 
prison or acquitted of the charges and continued serving as secretary. Some 
sources indicate he served until 1684. Other references, however, indicate that 
someone else was acting as secretary in 1684 or earlier. 

"Little is known about Woodrowe, not even his first name. The only mention 
of him in extant records is in a letter written by the Lords Proprietors in February, 
1684. The letter indicates that he had been serving for some time. It is possible he 
was appointed as early as 1682. 

'The Lords Proprietors commissioned Hartley, but no record of when he 
qualified exists. According to one source he died in January, 1691-92, probably 
while still secretary. 

"When Akehurst took office is not known. He was apparently acting as sec- 
retary by June 26, 1693, when he acknowledged a land grant. It is possible that he 
was appointed as early as 1692 and presumably served until his death sometime 
in late 1699 or early 1700. His will was probated in Virginia in 1700. 

"Swann may have been appointed to replace Akehurst; When he took office 
is not known. He was serving by September, 1700, and probably served until 
Knight took over 1 704. 

^ ^Knight was apparently appointed to replace Swann and according to one source 
was in the office in 1 704. The earliest documentary evidence of Knight acting as sec- 
retary is his certification of a court proceeding on February 20, 1705. There is no evi- 
dence that he served as secretary after 1 708. He was, however, again serving in 1712. 

"Lumley was appointed by Knight to act as secretary on two occasions, once 



176 



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 condi- 
tions in the colony's government at the time. 

1 '' 

'"-The Lords Proprietors issued two commissions to Low, the first on January 

31, 1711, and a second on June 13, 1711. There is no record of Low actually serv- 
ing as secretary. 

'■^The Lords Proprietors commissioned Knight and he subsequently 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 was 
probated on July 7. 1719. 

'^Lovick was appointed by the governor and council following Knight's 
death. 

'-'The Lords Proprietors commissioned Lovick and he qualified before the 
governor and council. He served until 1 73 1 . 

'"Governor Burrington named Anderson as "acting" secretary until Rice 
arrived. 

' ^Rice was commissioned by the crown and qualified before the governor 
and council. He served until his death on January 28. 1 753. 

'°The Council appointed Murray upon the death of Rice. He served until 
McCulloch's arrival in 1755. Land grant records indicate that he was acting as 
secretary as late as March 31,1 755. 

'^A warrant was issued on June 21, 1754, for McCulloch's appointment as 
secretary and Governor Dobbs certified his commission on July 1 while both were 
still in England. McCulloch qualified as a council member on March 25, 1755, 
but does not appear to have acted as secretary until April. He served until his 
death later in 1755. 

^^Govemor Dobbs sent a letter to Spaight appointing him "Secretary of the 
Crown" on October 2, 1 755. A commission for Spaight in the Secretary of State's 
records, however, bears the date October 27, 1 755. He qualified before Dobbs on 

October 30. 

1 

^ ' Dobbs re-appointed Spaight and he served until his death sometime during 

July or early August, 1672. 

9') 

^"-Dobbs appointed Heron to replace Spaight. On March 6, 1 769, Heron was 
granted a leave of absence to return to England where he apparently died. 

■^•^London was already a deputy secretary under Heron and acted in this 



177 



capacity until news of Heron's death was received. Governor Tryon appointed 
London secretary upon the death of Heron and he served until he "declined act- 
ing any longer..." 

^"^Tryon appointed Palmer to replace London on July 8, 1 77 1 . He was grant- 
ed a leave of absence to return to England for reasons of health. 

^^The Board of Trade proposed Faulkner to King on March 17. On April 1 
the crown ordered the preparation of a commission for Faulkner. He rented his 
commission to Samuel Strudwick. 

^"Martin appointed Strudwick after the latter had produced "sufficient evi- 
dence that he had rented the Secretary's Office in this Province of Mr. Faulkner..." 
He apparently continued serving until the Revolution. 

Secretaries of State 

^ 'The Secretary of State was elected by the General Assembly at its annual 
(biennial, after 1835) meeting for a term of one year. The Constitutional 
Convention of 1868 extended the term. The power of electing the Secretary of 
State remained in the hands of the General Assembly until 1 868 when a new con- 
stitution was adopted. Since 1868, the Secretary of State has been elected by the 
people and serves for a four-year term. He or she can run for re-election. 

^°The provincial congress appointed Glasgow to serve until the next meeting 
of the General Assembly. He was later elected by the General Assembly to a reg- 
ular term and continued serving until 1798 when he resigned because of his 
involvement in a land scandal. The General Assembly received his resignation on 
November 20. 

^^White was elected to replace Glasgow and served until his death sometime 
in late September or early November, 1811. 

^^Hill died on October 29, 1857. 

■^'Page was appointed by the governor with the advice and consent of the 
council. He was later elected by the General Assembly to a regular term, but he 
was defeated for re-election in 1 862 by Russ. 

■^^Russ requested that his name be withdrawn at the end of the first round of 
balloting in 1864. 

■^ -^Thomas, elected by the General Assembly, took office on January 3, 1 865, and 
served until the end of the Civil War. Governor William W. Holden appointed Thomas 
as secretary in the provisional government. Thomas resigned on August 12, 1865. 

■^^Best may have been appointed earlier by Holden following Thomas' resig- 



178 



nation since his name appears beneath that of Thomas in the Record Book. The 
book simply states that Best was appointed in 1865. He was later elected by the 
General Assembly and served until the new state 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. 

^^Engelhard died February 15, 1879. 

-''Governor Jarvis appointed Saunders on February 18, 1879, to replace 
Engelhard. Saunders was elected to a full term in the general elections in 
1880 and served following subsequent re-elections until his death on April 2, 
1891. 

TO 

-'^Govemor Fowle appointed Coke 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. 

■'Governor Carr appointed Cooke on September 3, 1895, to replace Coke. 
Thomas defeated him in the general elections of 1896. 

■^^Grimes died January 16, 1923. 

'Governor Morrison appointed Everette on January 16, 1923, to replace 
Grimes. He was elected in the general elections in 1924 and served until his death 
February 7, 1928. 

^Governor McLean appointed Hartness on February 13, 1928, to replace 
Everett. He was elected in the general elections in 1928, but declined to run for 
re-election in 1932. 

'^■'Wade resigned in November, 1936. 

"^"^Governor Ehringhaus appointed Powell on November 17, 1936, to replace 
Wade. Powell resigned just one month after taking office. 

'^-'Eure had been elected in the general elections of 1936 and was appointed 
by Governor Ehringhaus on December 21, 1936, to replace Powell. On January 7, 
1937, he took office for his regular term and subsequent re-elections. He served 
longer than any other state official in North Carolina history, finally retiring on 
January 7, 1989. 

^"Edmisten was elected in November, 1988, when Eure declined to run for re- 
election. He won re-election in 1992. Edmisten resigned in March, 1996. 

'^ 'Governor Hunt appointed Faulkner on April I, 1996, to serve the remainder of 
Edmisten's term. 



179 



^^Marshall became North Carolina's first female elected Secretary of State after 
winning the general election of 1996. She took office in January, 1997. 



180 



Office of the State Auditor 



The Office of the State Auditor was created by the Constitution of 1868, 
although an "auditor of public accounts" had existed since 1862 and references to 
an auditor's duties go back to the colonial constitution of 1669. 

Today, the state auditor is a constitutional officer elected by vote of the peo- 
ple every four years. The Office of the State Auditor conducts audits of the finan- 
cial affairs of all state agencies. The department also has the statutory authority to 
other special audits, reviews or investigations deemed necessary by the state audi- 
tor or requested by the governor or the legislature. The state auditor is responsi- 
ble for annually auditing and rendering an opinion on the state's Comprehensive 
Annual Financial Report (CAFR). He or she also issues the Statewide Single 
Audit Report required by federal law. The department conducts performance 
audits of state agencies and programs to determine the economy, efficiency and 
effectiveness of their operations, as well as EDP audits to verify the reliability and 
controls over computer applications. The department also analyzes the quality 
reviews of certain non-profit organizations by public accounting fimis. 

In addition to being state government's accountability "watchdog,"' the state 
auditor performs several other statutory duties. He or she is a member of the 
Council of State, the Capitol Planning Commission, the Local Government 
Commission and the Information Resource Management Commission. 

The Office of the State Auditor is organized into two major divisions: General 
Administration and Auditing: 

Q General Administration Division: This division, under the general super- 

vision of the state auditor's chief deputy, handles all administrative mat- 
ters including personnel, budgeting and purchasing, as well as the overall 
planning and coordination of all departmental activities. 

G Auditing Division: The Auditing Division conducts financial audits and 

reviews of state agencies and institutions to determine whether they 
adhere to generally-accepted accounting principles and standards. The 
audits identify the specific strengths and weaknesses of each agency's 
internal control systems. Auditors also test the accuracy of financial 
reports and whether an agency complies with all applicable laws, regula- 
tions and policies. 

Office of the State Auditor employees conduct performance audits of 
selected programs administered by state agencies. These performance 



181 



audits determine whether programs are being administered as intended 
and whether they are accomplishing the desired results in an effective 
manner. The Auditing Division reviews electronic data processing appli- 
cations and controls to ensure the reliability and accuracy of computer- 
generated data. The division monitors the use of state funds provided to 
certain non-profit organizations and issues an annual report on such activ- 
ities. The department conducts special investigations of possible embez- 
zlements or misuse of state property. These special investigations nor- 
mally arise from specific allegations received via the state's Fraud, Waste 
and Abuse Hotline at (800) 730- TIPS. 

The Audit Division's managerial team includes two deputy state auditors 
and eight audit managers who are charged with auditing the major func- 
tions in state government. Audit supervisors are based in Raleigh and in 
branch offices throughout the state: Asheville, Morganton, Charlotte, 
Greensboro, Winston-Salem, Fayetteville, Greenville, Elizabeth City and 
Wilmington. 

Boards and Commissions 

Advisory Council, NCACTS 

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 on the Office of the State Auditor, call: 

(919) 733-3217 
Fax: (919)-733-8443 

To report specific incidents of fraud, waste or abuse in state government, call 

the department's Hotline at: 
(919) 733-3276 or (800)-730-8477 

E-mail information about fraud, waste or abuse in state government to: 

hotline @ aud.osa.state.nc.us 

You can visit the department's Web site at: 
http://www.osa.state.nc.us/ 



182 




183 



Ralph Campbell Jr. 



State Auditor 

Early Years 

Born in Raleigh, N.C., December 7, 1946, to the late Ralph Campbell, Sr., and 

June Kay Campbell. 

Educational Background 

Graduate, J. W. Ligon High School, Raleigh, 1964; B.S. Degree in Business 
Administration with Accounting Concentration, St Augustine's College, Raleigh, 
1968; Certified Fraud Examiner, 1995. 

Professional Background 

State Auditor, 1992-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, 1985-1992; Mayor Pro-Tem, 

Raleigh City Council, 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., Holiday Committee; American Council of Young Political 
Leaders; Widow's Son Lodge No. 4, Prince Hall Grand Lodge of Free and 
Accepted Masons of N.C, Kabala Temple No. 177; National Forum for Black 
Public Administrators; National Association of State Auditors, Comptrollers and 
Treasurers; National State Auditors Association; Vice-Chair, Southeastern Inter- 
Governmental Audit Forum; Flemming Fellow, Center for Policy Alternatives; 
Local Government Partnership Council; Association of Fraud Examiners. 

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; Chair, Fraud Committee, Electronic Benefits 



184 



Transfer Council, National Automated Clearinghouse Association, 1997-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; Co-Chair, Raleigh United Negro 
College Fund, 1986-89 and 1994-95; 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. 

Honors and Awards 

Omega Psi Phi Fraternity, Omega Man of the Year, 1984; State of North Carolina 
Order of the Long-Leaf Pine. 1985; 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; Secretary's Award for Distinguished 
Service, U.S. Department of Health and Human Services, 1996. 

Personal Information 

Married to Mary Savage Campbell. Member, St. Ambrose Episcopal Church, 

Raleigh, N.C. 



185 

State Auditors 

Auditors of Public Accounts 

Name Residence Qualified 

Samuel F. Phillips' Orange 1862-1864 

Richard H. Battle2 Wake 1864-1865 

State Auditors 

Henderson Adams^ 1868-1873 

JohnReilly Cumberland 1873-1877 

Samuel L. Love Haywood 1877-1881 

William R Roberts Gates 1881-1889 

George W. Sandlin Lenoir 1889-1893 

Robert M. Furman Buncombe 1893-1897 

Hal W. Ayer Wake 1897-1901 

Benjamin F. Dixon^ Cleveland 1901-1910 

Benjamin F. Dixon, Jr.^ Wake 1910-1911 

William R Wood^ 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. 10 Wake 1993- Present 

Notes 

Auditors of Public Accounts 

'Phillips resigned effective July 10, 1864. 

^Governor Vance, with the advice and consent of the Council of State, appointed 
Battle to replace Phillips. The General Assembly later elected Battle to a regular 
term, and he served until the office was abolished in 1865. 

State Auditors 

■^ Adams was elected in the general elections of April, 1868. 

^Dixon died September 26, 1910. 

^Governor Kitchen appointed Benjamin F. Dixon, Jr., on September 30, 1910, to 
replace his father, Benjamin F. Dixon, Sr. 



186 



"Wood was elected in the general elections of 1910 to complete the senior 
Dixon's unexpired term. He was elected to a full term in 1912. 

'Pou 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. 

^Renfrow was elected in 1980. 

'^Ralph Campbell, Jr., was elected in 1992. 



187 



Department of State Treasurer 

North Carolina's Treasurer's Court was established in 1669. The court was 
responsible for managing the colony's public monies. The office of treasurer was 
formally created in 1715. The lower house of the colonial assembly appointed 
treasurers. Between 1 740 and 1 779 there was one treasurer each for Northern and 
Southern North Carolina. The assembly added four additional treasurers in 1 779, 
each serving a defined geographical area called a district. In 1782 another district 
with its own treasurer was created. The multiple-treasurer arrangement continued 
until 1784, when the General Assembly eliminated multiple treasurers and 
assigned the duties of the office to a single individual elected by joint vote of the 
two houses of the legislature for a two-year term. This executive structure con- 
tinued until a new state constitution was ratified in 1868. The Constitution of 
1868 provided for a treasurer elected by the people for a four-year term. This 
arrangement was untouched by the new constitution of 1970. 

Many of the Department of State Treasurer's current duties and functions 
originated in the constitution of 1868. The constitution formalized the more 
important fiscal duties of the Department of State Treasurer. The department's 
functions had varied from administration to administration prior to 1868. The 
department has only garnered steady public notice since the middle of the 20th 
Century. Prior to then, the state had very limited financial resources. The entire 
state budget in 1901 — $450,000 — would currently fund one public high school 
in North Carolina for about a month. 

Only twelve men have occupied the office of state treasurer since 1868. 
Benjamin R. Lacy of Wake County held office the longest of any post-war treas- 
urer. Lacy served from 1901 to 1928. Edwin Gill of Scotland County, who served 
from 1953 until 1977, had the second-longest tenure in office of all post-war 
treasurers. The all-time record for tenure in office by a treasurer, however, still 
belongs to John Haywood. Haywood served the state for 40 years, from 1787 to 
1827. 

North Carolina's state treasurers have long enjoyed a nationwide reputation 
for fiscal integrity and financial responsibility. Edwin Gill, in particular, did much 
to earn that widespread public trust by establishing and maintaining high profes- 
sional standards for the department during his administration. As a result. North 
Carolina received the coveted Triple-A credit rating for the first time in the early 
1960s. The rating, which North Carolina has carefully maintained ever since, 
saves state taxpayers roughly $125 million each year through lower interest rates 
on the state's long-term debts. 



188 



Gill himself appreciated what his administration had achieved, saying pub- 
licly that "in North Carolina, we have made a habit of good government." A for- 
mer member of the General Assembly, Gill served as personal secretary to Gov. 
O. Max Gardner in the early 1930s. He provided crucial leadership in designing 
and implementing policies designed to help North Carolina recover from the 
Great Depression. 

Harlan Boyles, current North Carolina State Treasurer, served for 16 years as 
Gill's deputy treasurer. Boyles, who was re-elected to his sixth four-year term in 
1996, has continued to follow the same high standards of fiscal integrity that have 
characterized North Carolina's public finance system for the past half-century. 
Under Boyles' leadership, the state's trust funds have grown from slightly under 
$2 billion to more than $35 billion. Earnings from the trust funds currently total 
$2.6 billion per year, exceeding the amount of revenue the state generates from its 
share of the retail sales tax. 

As the state's banker and custodian of public monies, the Department of State 
Treasurer has become one of the most important agencies in the executive branch. 
The state treasurer has more constitutional and legislatively-assigned duties than 
any other public official in the state other than the governor. The treasurer is a 
member of the Council of State, presiding officer of the Local Government 
Commission and chair of the Tax Review Board, the State Banking Commission, 
the Teachers and State Employees Retirement System Board of Trustees and the 
North Carolina Educational Facilities Finance Agency. He is also a member of the 
State Board of Community Colleges, the State Board of Education and the Global 
TransPark Authority. 

Despite its tremendous administrative responsibilities and wide-ranging 
duties, the Department of State Treasurer is one of the smallest agencies in the 
executive branch. The department currently employs 240 people and has an annu- 
al budget of $1 7.6 million, it is divided into three operating divisions and one sup- 
port division. Those divisions are: 

G Retirement Systems Division: The Retirement Systems Division admin- 

isters the four statutory retirement and eight fringe benefit plans that 
cover the state's public employees. Administration of the several retire- 
ment systems and benefit plans requires a high level of fiduciary respon- 
sibility for the employees' trust funds entailing the prudent and efficient 
use of employee and taxpayer contributions. 

These retirement systems and benefit plans help the state recruit and 
retain competent employees for a career in public service. They provide 
replacement income for employee retirement or disability and death ben- 



189 



efits for an employee's survivors. More than 475,000 active and retired 
public employees and their dependents rely on these retirement and fringe 
benefit plans for a substantial portion of their long-term financial stabili- 
ty. The division administers the Teachers' and State Employees' 
Retirement System; the Local Governmental Employees' Retirement 
System; the Consolidated Judicial Retirement System; and the 
Legislative Retirement System 

Two boards of trustees govern these systems. The state treasurer is ex- 
officio chairman of each board. The board of the Teachers' 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 com- 
posed of the same 14 members plus three additional members represent- 
ing local governments. 

The Board of Trustees of the Teachers' and State Employees' Retirement 
System is the governing board of the Consolidated Judicial and 
Legislative Retirement Systems in addition to all other programs admin- 
istered by the division, except for the Firemen's and Rescue Squad 
Workers Pension Fund,. That fund is governed by a separate board of 
trustees, which is composed of six members, with the state treasurer serv- 
ing as ex-officio chairman. 

All retirement systems are joint contributory-defined benefit plans with 
contributions made by both employees and employers. Each active mem- 
ber contributes six percent (6%) of his compensation for creditable serv- 
ice by monthly payroll deduction. The only exception to this member 
contribution rate is the Legislative Retirement System to which each 
active member contributes 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. 

The Retirement Systems Division also administers the Public Employees 
Social Security Agency; the Disability Income Plan; the Legislative 
Retirement Fund; the National Guard Pension Plan; the Teachers and 
State Employees Benefit Trust; the Supplemental Retirement Income 
Plan; the Registers of Deeds' Supplemental Pension Fund; the 
Contributory Death Benefit for Retired Members; the Firemen's and 
Rescue Squad Workers' Pension Fund. 

The department's consistent use of conservative actuarial assumptions 
and an approved actuarial cost method over the years since the establish- 



190 



ment of the retirement systems and benefit plans have resulted in retire- 
ment systems which can be labeled as "actuarially sound." 
The division's administrative expenses are paid by receipts from the sys- 
tems based on the ratio of members in each system to the total number 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 funded by 
direct appropriation of the General Assembly. 

G Investment and Banking Division: The Investment and Banking 

Division carries out two of the Department of State Treasurer's primary 
functions. First, it serves as the state's banker by receiving and disbursing 
all state monies. Second, it serves as the state's chief investment officer 
by administering the State Funds Cash Management and Trust Funds 
Investment Programs. 

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. That system is cen- 
tralized in this division. The Department of State Treasurer provides each 
state agency the same services that a commercial bank would normally 
provide. This system assures that the state itself is the prime beneficiary 
of the flow of funds through the commercial banking system in the course 
of conducting state business. 

The division administers the state's Cash Management and Trust Funds 
Investment Program. State law requires the Department of State 
Treasurer to "establish, maintain, administer, manage and operate" 
investment programs for all state funds on deposit. The department has 
full fiduciary responsibility for these investment programs. State law 
requires that the programs be structured so investments can be readily 
converted to cash when needed. The state's constitution forbids the use of 
assets in retirement system funds for any purpose other than providing 
retirement benefits, administrative expenses and refunds. 

G State and Local Government Finance Division: The State and Local 

Government Finance Division provides the state treasurer with staff 
assistance in a variety of areas. It provides staff support to the Local 
Government Commission, the North Carolina Solid Waste Management 
Capital Projects Financing Agency and the North Carolina Educational 
Facilities Finance Agency. 



191 



The division provides two major types of services — debt management 
and fiscal management ~ to state and local governments. The deputy 
treasurer who leads the State and Local Government Finance Division 
also serves as secretary of the Local Government Commission. The Local 
Government Commission approves the issuance of the indebtedness of all 
units of local government and assists these units in the area of fiscal man- 
agement. The commission's nine members include the State Treasurer, 
the Secretary of State, the State Auditor, the Secretary of Revenue, as 
well as three members appointed by the governor, one by the lieutenant 
governor and one by the Speaker of the North Carolina House of 
Representatives. The State Treasurer serves as chairman and selects the 
secretary of the commission, who heads the administrative staff. 
The State Treasurer is responsible for the issuance and service 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 bond sales after consultation with 
other state agencies. It plans for repayment of the debt and prepares, 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. The division also participates in the 
actual sale and delivery of the bonds. 

Division staff maintain state bond records and a register of bonds and ini- 
tiate debt service payments as they become due. In addition, the division 
is responsible for the authorization 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 
I; 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. 
Division staff provide technical assistance in financial matters within the 
Department of State Treasurer and to other state agencies. 
The State and Local Government Finance Division provides technical 
assistance on financial matters to local governments and public authori- 
ties across North Carolina through the Local Government Commission. 
The division's staff makes recommendations to the commission on the 
approval, sale and delivery of all North Carolina local government bonds 
and notes. The Local Government Commission must approve any pro- 
posed issue before local governments can incur that debt. The commis- 



192 



sion examines the necessity for the issue, the size of the issue, the local 
government's debt management policy, the local taxes that will be need- 
ed to service the debt and the ability of the unit to repay. After the com- 
mission grants approval of the debt issue, the local government and its 
bond counsel work with State and Local Government Finance Division 
staff to gather and assemble information for an official statement that 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 local government. 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 gov- 
ernment unit. 

A second key divisional function is monitoring certain fiscal and account- 
ing standards prescribed for local governments by the Local Government 
Budget and Fiscal Control Act. The division furnishes on-site assistance 
to local governments concerning existing financial and accounting sys- 
tems as well as new systems. Division staff strive to ensure that local gov- 
ernments follow generally-accepted accounting principles, systems and 
practices. The division staff counsels local units in treasury and cash 
management budget preparation, as well as investment policies and pro- 
cedures. The division also provides educational programs for local gov- 
ernments in the form of seminars and classes. Division staff examine and 
analyze annual audited financial statements and other required reports 
from local governments. Information from these reports is compiled and 
provided 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 audited annually by a certified public accountant or by an 
accountant certified by the commission as qualified to audit local gov- 
ernment accounts. The department provides continued assistance to the 
independent auditors through individual assistance and continuing pro- 
fessional education. 

G Administrative Services Division: The Administrative Services Division 

provides administrative, technical and specialized support to the depart- 
ment's top administrators and to the three operating divisions. The divi- 
sion manages the department's supply and mail operations, personnel, 
forms management, printing, generalized training and accounting. The 
division administers the Escheat and Abandoned Property program. The 



193 



program recovers abandoned and unclaimed property, such as abandoned 
banking accounts, uncashed checks and the contents of safety deposit 
boxes, whose owners cannot be located. Division staff attempt to return 
unclaimed property to its legal owners. The department invests these 
escheat monies in high quality securities and uses the interest to provide 
educational aid to needy and worth students attending state-supported 
institutions of higher learning. 

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 more information about the Department of State Treasurer, call: 

(919) 733-3951 

or visit the department's Web site at: 
http://www.treasurer.state.nc.us/Treasurer/ 



194 




195 

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; B.S., UNC-Chapel Hill, 1948- 

5L 

Professional Backgroimd 
Certified Public Accountant. 

Political Activities 

State Treasurer, 1977-Present (elected 1976; re-elected, 1980, 1984, 1988, 1992 

and 1996); Member, 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. 



196 



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. 



197 



State Treasurers 



Colonial Treasurers^ 

Name Term 

Edward Moseley2 1715-1735 

William Smith^ 1735 

William Downing^ 1735-1739 

Edward Moseley5 1735-1749 

William Smith6 1739-1740 

John Hodgson^ 1740-1748 

Thomas Barker^ 1748-1752 

EleazerAllen^ 1749-1750 

John StarkeylO 1750-1765 

JohnHaywoodH 1752-1754 

Thomas Barker! 2 1754-1764 

Joseph Montford'^ 1764-1775 

Samuel Swannl4 1765-1766 

JohnAshel5 1766-1773 

Richard Caswell'6 1773-1775 

Samuel Johnston'^ 1775 

Richard Caswell 18 1775 

State Treasurers 

Name Residence Term 

Samuel Johnston ^^ Chowan \115-\111 

Richard CaswelpO Dobbs 1775-1776 

John Ashe2l New Hanover \111-\119 

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 



198 



Name Residence Term 

Memucan HunP^ Granville 1782-1784 

John Brown Wilkes 1782-1784 

Benjamin Exum Dobbs 1782-1784 

Joseph Cain New Hanover 1783-1784 

William Locke Rowan 1784 

Memucan Hunt Granville 1784-1787 

John Haywood^-* Edgecombe 1787-1827 

William Robards Granville 1827-1830 

William S. Mhoon Bertie 1831-1835 

Samuel F. Patterson-^ Wilkes 1835-1837 

Daniel W. Courts^^ Surr>' 1837-1839 

Charles L. Hinton Wake 1839-1843 

John H. Wheeler Lincoln 1843-1845 

Charles L. Hinton Wake 1845-1851 

Daniel W. Courts Surr>' 1851-1862 

Jonathan Worth27 Randolph 1862-1865 

William Sloan28 Anson 1865-1866 

Kemp R Battle^^ Wake 1866-1868 

David A. Jenkins^^' Gaston 1868-1876 

JohnM. Worth-"" Randolph 1876-1885 

Donald W. Bain-''^ Wake 1885-1892 

Samuel McD. Tate^-^ Burke 1892-1895 

William H. Worth Guilford 1895-1901 

Benjamin R. Lacy-^-^ Wake 1901-1929 

Nathan O'Berry-^-^ Wayne 1929-1932 

JohnR Stedman^6 Wake 1932 

Charles M. Johnson^^ Pender 1933-1949 

Brandon R Hodges-''^ Buncombe 1949-1953 

Edwin M. Gill39 Scotland 1953-1977 

Harlan E. Boyles^O Wake 1977-Present 



Notes 

Colonial Treasurers 

'The lower house of the colonial assembly reserved the right to appoint colo- 
nial treasurers. This policy, combined with the extensive control the assembly 



199 



already exercised over the colony's financial affairs, proved to be 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. Later, however, they were appointed via bills passed 
specifically for the purpose of appointing treasurers. The assembly apparently 
first appointed treasurers during the Tuscarora War of 1711, when several com- 
missioners were appointed to issue paper currency. This practice continued until 
173 1, when George Burrington, North Carolina's first royal governor, questioned 
the assembly's right to appoint treasurers and instead tried to appoint his own 
treasurer. The lower house resisted this infringement upon its traditional rights 
and Burrington sought support from royal authorities in England. Crown officials, 
anxious about upsetting the lower house, hesitated to support Burrington and suc- 
cessive colonial governors on the issue. 

By 1 729 the complexity of the colony's finances had become so great that the 
assembly created the office of precinct treasurer. The assembly submitted a list of 
two or three nominees to the governor for a final decision. The practice of "fill- 
ing 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. 

^Moseley, one of the commissioners selected to issue paper currency in 1711, 
was apparently appointed public treasurer in 1715. He seems to have served con- 
tinuously until 1735, when the assembly divided the office of treasurer into two 
positions: a treasurer appointed for the northern district and another appointed for 
the southern. The assembly named Moseley treasurer of the southern district and 
he continued in that capacity until his death in 1749. 

■^Governor Burrington and the council appointed Smith, but there is no evi- 
dence that he ever served. This may have been due to the response of the lower 
house to Smith's appointment. 

'^The legislature appointed Downing treasurer for the northern district and he 
served until his death in 1739. 

^See footnote 2. 

"The governor and council appointed Smith on November 21, 1 739, to act as 
temporary treasurer following Downing's death. 

'The assembly appointed Hodgson in August, 1740, to replace Downing. He 
served until 1748. 

^The assembly appointed Barker in April, 1 748. He served until he resigned in 1 752. 



200 



The general assembly appointed Allen in November, 1749, to replace 
Moseley. He served until his death in 1750. 

' ^Starkey was appointed in July, 1 750, to replace Eleazer Allen. He served as 
one of the colony's two district treasurers until his death in 1765. 

' 'Haywood was appointed to replace Barker and served until he apparently 
resigned in 1754. 

'^Barker was appointed in 1754 to replace Haywood and served until he 
apparently resigned in 1764. 

'■^N4ontford was appointed in February, 1764, to replace Barker and served 
until 1775. 

'"^Governor Tryon appointed Swann in 1765 to act as a temporary replace- 
ment for the deceased Starkey. 

'-*Ashe was appointed in November 1766 to replace Starkey. He served until 
he was replaced by Caswell in 1773. 

'"Caswell was appointed in 1773 to replace Ashe. He served until the col- 
lapse of the royalist 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. 

' 'Johnston and Caswell were appointed treasurers of the northern and south- 
ern 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 re-election. 

'°See footnote 17. 

State Treasurer 

'"See footnote 1 7. 

""See footnote 17. 

') 1 

"^Ashe was elected to replace Caswell. 

'^'^Governor Caswell, with the advice and consent of the council, appointed 
Skinner to replace Johnston. The legislature elected Skinner to a regular term. He 
served continuously until the district system was abandoned in 1784. 

"■^Hunt was the first sole treasurer elected by the General Assembly. In 1 786 
charges of misconduct were brought against him by a ''Secret Committee of the 
General Assembly." A joint session of the House and Senate heard the allegations 
against Hunt on December 28. Two days later he was defeated for re-election by 
John Haywood. 



201 



^^Haywood died on November 18, 1827, while still in office, having served 
for thirty years as state treasurer. 

^^Patterson was elected in 1834 to replace Mhoon. He was re-elected in 
1835, but failed to give bond within the prescribed fifteen-day time period. His 
failure to act in a timely manner voided his election. Governor Spaight, with the 
advice and consent of the council, then appointed Patterson to the office of treas- 
urer. He declined to run for re-election in 1836. 

'-"Court's resignation was presented to the council on April 15, 1839. 

^' Worth served until the end of the war. When the provisional government 
took over. Governor Holden appointed him treasurer. Worth resigned on 
November 15, 1865. 

^"Governor Holden appointed Sloan to replace Worth. He served until the 
new government took over. 

^"Battle was elected by the new General Assembly and began serving on 
January 1, 1866. He continued in office until the new constitution went into effect 
in 1868. 

■^^Jenkins was elected in the general elections of April, 1868, and served fol- 
lowing re-election in 1872 until his resignation on November 6, 1876. 

■^^ Governor Brogden appointed Worth on November 10, 1876. He had 
already been elected in the general elections in 1876. 

^^Bain died November 16, 1892. 

■^-'Governor Holt appointed Tate on November 19, 1892, to replace Bain. 
Worth defeated him in a special election in 1894. 

■^"^Lacy died February 21. 1929. 

-'-'Governor Gardner appointed O' Berry on February 23, 1929, to replace 
Lacy. O'Berry served until his death on January 6, 1932. 

-'"Governor Gardner appointed Stedman on January 7, 1932, to replace 
O'Berry. He resigned effective November 21, 1932. 

■^ 'Governor Gardner appointed Johnson on November 7, 1932, to take office 
November 11. Johnson, however, failed to qualify at that time. He had already 
been elected in the general elections in 1932. 

■'^Hodges resigned in June, 1953. 

■'"Governor Umstead appointed Gill on June 29, 1 953, to replace Hodges. He 
was elected in the general elections of 1954 to complete Hodges' unexpired term. 
Gill was elected to a full term in 1956 and served until his retirement in 1977. 



202 



"^^Boyles was elected in November, 1976, when Gil! declined to run for re- 
election. He is still serving following subsequent re-elections, most recently 1 996. 



203 

Department of Public Instruction 

The Department of Public Instruction, under the leadership of the State Board of 
Education, establishes and administers overall policy for North Carolina's public 
schools. The N.C. Superintendent of Public Instruction, whose office was estab- 
lished in the state constitution, manages the department and administers the poli- 
cies established by the board. The state board adopts rules and regulations for the 
states public schools that are consistent with other laws enacted by the General 
Assembly. Members of the board include the lieutenant governor, the state treas- 
urer and eleven gubernatorial appointees, who are subject to confirmation by the 
General Assembly in joint session. The Superintendent of Public Instruction 
serves as secretary to the board. 

The North Carolina Department of Public Instruction was formed in 
December, 1852, although the current title and specific delineation of responsi- 
bilities were first set forth in the Constitution of 1 868. The head of the department 
originally went by the title "superintendent of common schools," but that office 
was abolished in 1865. Today the superintendent of public instruction is elected 
by vote of the people to a four-year term. He or she is a member of the Council 
of State. 

The Department of Public Instruction's primary mission is to ensure 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..." The 
department allocates to local education agencies state funds appropriated by the 
General Assembly and federal public education funds to local public school sys- 
tems across the state. Department staff monitor the expenditure of that money, 
draft rules and regulations, collect statistical data of both general and specific 
nature on schools, expenditures and student progress. The department provides 
local public school systems with consultant services on fiscal and curriculum 
issues. 

The Department of Public Instruction is organized under the state superin- 
tendent into three program areas, each headed by an associate state superintend- 
ent and each reporting directly to a deputy state superintendent. In addition to the 
three primary program areas, the Communications and Information Division and 
the Office of Education Reform report directly to the State Superintendent. The 
N.C. Board of Education has several staff members, including a legislative direc- 
tor. The three primary program areas are: 

□ Instructional and Accountability Services: This area encompasses the 



204 



Office of Charter Schools, the Division of Accountability Services, the 
Division of Exceptional Children, the Division of Instructional Services 
and the Division of School Improvement. 

□ Information and Technology Services: This area includes the 
Administrative Applications Division, the Instructional Technologies 
Division and the Networking Technologies Division. 

□ Financial and Personnel Services: This area includes the Division of 
Financial Services, the Division of Human Resources Management, the 
Division of School Business and the Division of School Support. 



Boards and Commissions 

Basic Education Program Advisory Committee: Contact Dr. Henry Johnson, 

Education Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, 

(919)715-1506. 

Board of Governors for Governor's Schools East and West: Contact Nancy 
Doherty, Division of Exceptional Children, Education Building, 301 N. 
Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1994. 

Commission on School Technology: Contact Elsie Brumback, Instructional 
Technology Services, Education Building, 301 N. Wilmington St., Raleigh, N.C. 
27601-2825; Phone, (919) 715-1530. 

Council on Educational Services for Exceptional Children: Contact Mary Watson, 
Monitor, Due Process and Parents" Rights, Exceptional Children Services, 
Education Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, 
(919)715-1587. 

N.C. Advisory Committee for Services to Children with Deaf-Blindness: Contact 
Chris Jones, Deaf-Blind, Multihandicapped and Severely/Profoundly 
Handicapped Programs, Division of Exceptional Children, Education Building, 
301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1998. 

N.C. Migrant Education Parent Advisory Council: Contact Emmett Kimbrough, 
Migrant Education, Education Building, 301 N. Wilmington St., Raleigh, N.C. 
27601-2825; Phone, (919) 715-1356. 



205 



N.C. Professional Teaching Standards Commission: Contact Peggy Hopkins, 
Education Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, 
(919)715-1163. 

North Carolina School Improvement Panel: Contact Judy White, Director, 
Education Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, 
(919)715-1309. 

North Carolina Standards Board for Public School Administration: Contact Linda 
Stevens, Executive Director, Room 324, Education Building, 301 N. Wilmington 
St., Raleigh, N.C. 27601-2825; Phone, (919) 715-2050. 

North Carolina Textbook Commission: Contact Ann Fowler, Consultant, 
Department of Public Instruction, Education Building, 301 N. Wilmington St., 
Raleigh,N.C. 27601-2825; Phone, (919)715-1893. 

Personnel Administration Commission for Public School Employees, Education 
Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715- 
1095. 

Professional Practices Commission: Contact Gloria Bowman, Division of Human 
Resources Management, Education Building, 301 N. Wilmington St., Raleigh, 
N.C. 27601-2825; Phone, (919) 715-1 146. 

Professional Review Committee: Contact Harry Wilson, Education Building, 301 
N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1310. 

Sports Medicine Advisory Commission: Contact Kymm Ballard, Division of 
Instructional Services, Education Building, 301 N. Wilmington St., Raleigh, N.C. 
27601-2825; Phone, (919) 715-1823. 

State Advisory Council on Indian Education: Contact Priscilla Maynor, 
Consultant, Division of Exceptional Children, Education Building, 301 N. 
Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1587. 

State Evaluation Committee: Contact Donna Simmons, Division of Human 
Resource Management, Education Building, 301 N. Wilmington St., Raleigh, 
N.C. 27601-2825; Phone, (919) 715-1147. 



206 



State School Food Distribution Advisory Council: Contact Gary W. Gay, Food 
Distribution Division, N.C. Department of Agriculture, P.O. Box 659, Butner, 
N.C. 27509-0659; Phone, (919) 575-4490; Fax, (919) 575-4143. 

State Selection Committee for Teacher of the Year: Contact Jean Blackmon- 
Brauer, Division of Human Resources Management. Education Building, 301 N. 
Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1 149. 

Task Force on Vocational and Technical Education: Contact June Atkinson, 
Division of Vocational and Technical Education, Education Building, 301 N. 
Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1626. 

Title 1 Committee of Practitioners: Contact Bill McGrady, Compensatory 
Education, Division of Human Resource Management, Education Building, 301 
N. Wilmington St.. Raleigh. N.C. 27601-2825; Phone. (919) 715-1356. 

Vocational Education Program Area Advisor\' Committees: Workforce 
Development Education, Education Building. 301 N. Wilmington St., Raleigh, 
N.C. 27601-2825. Contact persons are: 

^ Agricultural Education: K.C. Beavers. Consultant. DPI, (919) 

715-1703 and Marshall Stewart. Consultant. N.C. State 
University, (919)515-1681. 



Business Education: Ken Smith, Section Chief, (919) 715-1661. 

Family and Consumer Sciences Education: Phyllis West, 
Consultant, (919)715-1779. 

Health Occupations Education: Nancy Raynor, Section Chief, 
(919)715-1765. 

Marketing Education: Ken Smith, Section Chief, (919) 715-1661. 

Technology Education: Deborah Shumate, Consultant, (919) 
715-1715? 

Trade and Industrial Education: Bob Dickerson. Consultant, 
(919)715-1708. 



207 



Workforce Development Committee of Practitioners: Contact Don Brannon, 
Workforce Education Development, Division of Human Resource Management, 
Education Building, 301 N. Wilmington St., Raleigh, NC 27601-2825; Phone, 
(919)715-1647. 



For more information on the N.C. Department of Public Instruction, cal 

(919) 715-1000 

Or visit the department's Web site, the DPI Info Web, at: 
http://www.dpi.state.nc.us 



208 




209 

Mike Ward 

Superintendent of Public Instruction 

Early Years 

Bom in Louisburg, Franklin County, November 17, 1953, to Max Edward Ward 

and Evelyn Strickland Ward. 

Educational Background 

Graduate, Wake Forest-Rolesville Senior High, 1972; B.S., Vocational/Technical 
Education, North Carolina State University, 1977; M. Ed., Occupational 
Education, N.C. State University, 1981; Ed. D., Educational Administration, N.C. 
State University, 1993. 

Professional Background 

Executive Director, N.C. Standards Board for Public School Administration; 
Local School Superintendent; Assistant Superintendent; Principal; Assistant 
Principal; Coordinator of Industrial/Cooperative Training. 

Political Activities 

N.C. Superintendent of Public Instruction, 1996-Present; Member, Democratic 

Party. 

Organizations 

Member, National Council of Chief State School Officers; Member, Governor's 
Executive Cabinet; Chair, Wake Electric Coop WE Care Board of Directors, 
1995-Present; Committee Chair, Governor's North Carolina 2000 Commission, 
1992-1993; Chair, Southeastern United States Volunteers-in-Mission Annual 
Convocation, 1986; Author, Six chapters on the preparation and training of inter- 
national volunteer work teams. Handbook for United Methodist Volunteers-in- 
Mission, T.L. Curtis, ed., 1985; Member, North Carolina State University Alumni 
Board of Directors, 1994-Present; Member, Granville County Habitat for 
Humanity Advisory Board, 1991 -Present; Member, Granville County Chamber of 
Commerce Local Government Committee, 1989-Present; Track and Field 
Official, Capital Area 2-A Conference and N.C. High School Athletic 
Association's Eastern Region, 1985-Present; Construction Volunteer, North 
Carolina Volunteers-in-Mission Work Teams, 1975-1995. 



210 



Boards and Commissions 

Member, National Council of Chief State School Officers: Member, Governor-s 
Committee; Vice-Chair, North Carolina Education Standards and Accountability 
Commission. 1993-Present. 

Honors and Awards 

Paul Harris Fellowship, Oxford Rotary Club, 1994; N.C. Superintendent of the 
Year, American Association of School Administrators, 1994; North Carolina 
District 10 Administrator of the Year, N.C. Association of Educational Office 
Personnel, 1994; Superintendent's Award, Excellence in Communications, N.C. 
Schools Public Relations Association, 1992; Service Above Self Award, Rotary 
International District 7710, 1992. 

Personal Information 

Married, the Rev. Hope Morgan, January 2, 1977; Children: Jason, born April 5, 
1979, and Brooke, born March 8, 1982: Member and Youth Counselor, Soapstone 
United Methodist Church, Raleigh, N.C. 



211 



Superintendents of Public Instruction 

Superintendent of Common Schools 

Name Residence Term 

Calvin H. Wiley' Guilford 1852-1865 

Superintendents of Public Instruction 

Name Residence Term 

Samuel S. Ashley^ New Hanover 1868-1871 

Alexander Mclver^ Guilford 1871-1875 

James C. Reid^ 1873 

Kemp P. Battle^ Wake 1873 

Stephen D. Pool^ Craven 1875-1876 

JohnPooF Pasquotank 1876-1877 

John C. Scarborough Johnston 1877-1885 

Sidney M. Finger Catawba 1885-1893 

JohnC. Scarborough Hertford 1893-1897 

Charles H. Mebane Catawba 1897-1901 

Thomas F. Toon8 Robeson 1901-1902 

James Y. Joyner9 Guilford 1902-1919 

Eugene C. Brooks^O Durham 1919-1923 

Arch T.Allen" Alexander 1923-1934 

Clyde A. Erwin'2 Rutherford 1934-1952 

Charles F. Carroll'^ Duplin 1952-1969 

Andrew Craig Phillips'4 Guilford 1969-1989 

BobR. Etheridge'5 Harnett 1989-1996 

Michael Edward Ward 16 Wake 1996-Present 

Notes 

' Wiley served until the office was abolished in 1865. 

^Ashley was elected in the general eL^uuns of April, 1868, and resigned 
effective October 1, 1871. 

•^Governor Caldwell appointed Mclver on September 21, 1871, to replace 
Ashley. He took office October 1, 1871 . 

'^Governor Caldwell apparently appointed Reid in late 1872 or early 1873, 



212 



but no record exists that he ever qualified or took the oath of office. 

-^Governor Caldwell appointed Battle on January 14, 1873 to replace Reid. 
Battle took the oath of office on January 15. Alexander Mclver, who was still 
serving under a previous appointment, challenged Battle's right to hold office. 
The North Carolina Supreme Court heard the case at its January, 1873, term. The 
court decided in favor of Mclver. Justice Reade, who wrote and delivered the 
majority opinion, 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 in August, 1874. 

"Pool resigned effective June 30, 1876. 

'Governor Brodgen appointed John Pool on June 30, 1876, to replace 
Stephen D. Pool. He took office July 1. 

"Toon was elected in the general elections of 1900 and served until his death 
on February 19, 1902. 

Governor Aycock appointed Joyner on February 24, 1902, to replace Toon. 
He was elected in a special election in 1902 to complete Toon's unexpired term. 
He was re-elected to a full term in 1904 and served following subsequent re-elec- 
tions until his resignation effective January 1, 1919. 

'^Governor Bickett appointed Brooks on December 21, 1918, to replace 
Joyner. He took office January 1, 1919, and was elected in the general elections 
of 1920. Brooks served until his resignation on June 1 1, 1923. 

' 'Governor Morrison appointed Allen on June 1 1, 1923, to replace Brooks. 
He was elected in the general elections in 1924 and served following subsequent 
re-elections until his death on October 20, 1934. 

'^Governor Ehringhaus appointed Erwin on October 23, 1934, to replace 
Allen. He was elected in the general elections of 1936 and served following sub- 
sequent re-elections until his death on July 19, 1952. 

'■^Governor Scott appointed Carroll on August 20, 1952, to replace Erwin. 
He was elected in the general elections of 1952 and served following subsequent 
re-elections until 1969, when he retired from office. 

'"^Phillips was elected in 1968 and served following subsequent re-elections 
until his retirement in 1989. 

'-^Etheridge was elected in November, 1988. He was re-elected in 1992 and 
declined to run for re-election in 1996. 

'"Ward was elected in November, 1996. 



213 

Office of the Attorney General 

The Attorney General of North Carolina heads both the Department of Justice 
and the Office of the Attorney General. The attorney general, having originated 
during colonial times, is one of the oldest continuous offices in North Carolina 
state government. North Carolina's first constitution, written in 1776, made the 
attorney general part of the executive branch framework. When the General 
Assembly began reorganizing the executive branch in the early 1970s, it created 
the Department of Justice as one of the major departments in the Council of State. 

The 1971 state constitution deleted all references to the Department of Justice 
and the State Bureau of Investigation. Instead, it simply requires an attorney gen- 
eral whose duties "shall be prescribed by law." [Article III, Section 7(2)] North 
Carolina's attorney general is elected every four years by vote of the people. The 
1971 constitution elevated the attorney general to full, voting membership in the 
Council of State. Until then, the attorney general had served only as legal advisor 
to the council. 

The historical roots of North Carolina's current Office of the Attorney 
General lie buried deep in English common law. As far back as the Middle Ages, 
the English crown conducted its legal business through attorneys, sergeants and 
solicitors. 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. The total number of attorneys representing the 
crown gradually decreased over time as individual attorneys were assigned broad- 
er duties. 

By the latter part of the fifteenth century, the title Attorney General was used 
to designate William Husee as a legal counsel for the crown. It may have been as 
late as 1530, however, before a single attorney held the title of Attorney General. 
Attorneys general throughout the sixteenth century still shared the role of legal 
representative to the crown with other legal agents. It was not until the seven- 
teenth century that the office assumed its modern form and the attorney general 
became, at least in practice, the crown's preeminent legal counsel. 

Although the early attorneys and other legal representatives of the crown 
occupied much the same position as comparable legal representatives of individ- 
uals, their professional development soon diverged from that of private counsel 
because of the peculiar role of the crown in legal proceedings. The king held "pre- 
rogative" and, in theory, was always present in his courts. Since the monarch 
could not literally appear in every court in the kingdom personally, the attorney 
general and his predecessors evolved as a legal-administrative mechanism to pro- 
tect the crown's interests. Consequently, the king's counsel enjoyed superior sta- 
tus 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, 



214 

therefore, was not subject to the usual discipUnary authority the courts held over 
individual attorneys. 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 intact from England to the 
American colonies. Here, attorneys general of the colonies served as representa- 
tives of the attorney general of England. Not surprisingly, these colonial attorneys 
general possessed the common law powers of the attorney general in England. 
During the early colonial period. North Carolina and South Carolina comprised a 
single colony and shared an attorney general. By 1767, North Carolina had its 
own attorney general, who was selected from among the lawyers practicing in 
North Carolina. North Carolina's attorney general exercised the same power and 
authority that attorneys general and solicitors general possessed in England. By 
the time the American Revolution brought independence to the former colonies, 
the office of attorney general was firmly established in the American states. 

After the Revolution, the newly-formed states continued to appoint or elect 
attorneys general with virtually the same powers and duties as their English and 
colonial predecessors. The most striking change to the office was that the people, 
not a hereditary monarch, held sovereignty over the laws and courts. The office 
of Attorney General has, in one form or another, continued into the modern era in 
almost all American states. Attorneys general still exercise many of the same 
duties and powers delegated to their colonial predecessors. In 1985, North 
Carolina's General Assembly re-affirmed the common law powers of the Office 
of the Attorney General. 

The attorney general's administrative powers and duties are specified in the 
General Statutes of North Carolina. The attorney general is responsible for repre- 
senting the State of North Carolina in all actions in the Appellate Court Division 
the state is either interested in or a part to. When requested by the governor or 
either house of the General Assembly, the Office of the Attorney General repre- 
sents 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. The attorney general, 
when requested by the governor, secretary of state, treasurer, auditor. Utilities 
Commission, Banking Commission, insurance commissioner or superintendent of 
public instruction prosecutes or defends all suits related to matters concerning 
their departments. The Office of the Attorney General represents all state institu- 
tions whenever requested to do so by the official head of that institution. 

The attorney general consults with and advises judges, district attorneys, 
magistrates and municipal and county attorneys upon request. The attorney gen- 
eral also renders legal opinions, either formally or informally, upon all questions 
of law submitted by the General Assembly, the governor or any other state offi- 
cer. 

The Office of the Attorney General, in the public interest, may intervene in 
proceedings before any courts, regulatory officers, agencies or bodies — either 



215 

state or federal — on behalf of the consuming public of the state. The Office of the 
Attorney General has the authority to originate proceedings before these same 
courts, officers, agencies or bodies on behalf of the state, its agencies or its citi- 
zens in any and all matters of public interest. The Office of the Attorney General 
administers the operations of the North Carolina Department of Justice. 

The Department of Justice is divided into two main program areas — Legal 
Services and Law Enforcement The Legal Services Area is organized into the fol- 
lowing divisions: 

□ Criminal Division: This division incorporates all sections of the depart- 

ment that deal with criminal matters. Its staff advises and represents state 
agencies such as Department of Correction and the Department of Crime 
Control and Public Safety. The Criminal 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 provides legal counsel to the Department of 
Corrections on matters involving prison regulations, personnel and statu- 
tory interpretations. 

The Crime Control Section provides legal counsel to the N.C. State 
Highway Highway Patrol and the Department of Crime Control and 
Public Safety. The section also serves as legal advisor to victim and jus- 
tice services. 

The Federal Habeas Section represents North Carolina in appeals of crim- 
inal convictions to the federal courts. 

The Appellate Section supervises and prepares criminal briefs in all 
appeals to which the state is a party. 

G Civil Division: Consisting of seven sections, this division handles civil 

claims and litigation principally arising from state construction contracts, 
real property acquisitions, highway right-of-way condemnation and the 
enforcement of laws governing labor matters, insurance, motor vehicles 
and state taxation. The section 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 N.C. Museum of Art, the N.C. Building Commission 
and other agencies. Its staff advises state agencies on real property, pub- 
lic building construction law and public procurement. 



216 

The Revenue Section represents the N.C. Department of Revenue. Its 
duties include instituting legal actions to collect taxes from individual and 
corporate taxpayers. Section attorneys also defend ad valorem tax valu- 
ations of public service companies before the Property Tax Commission 
and handle all responsibilities of the Attorney General under G.S. 36A- 
53 regarding the protection of charitable trusts. The section defends the 
Department of Revenue in state and federal litigation by taxpayers seek- 
ing tax refunds. 

The Labor Section acts as legal advisor to the N.C. 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 Insurance Section advises the N.C. Department of Insurance and the 
State Health Plan. Section attorneys litigate cases arising from enforce- 
ment of the state's insurance laws. 

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 insur- 
ance case appeals potentially resulting in the loss of vehicle plates. 
The Highway Section acts as legal advisor to the Secretary of 
Transportation and the State Board of Transportation and provides legal 
representation to the N.C. Department of Transportation in such matters 
as condemnation litigation, bids for highway construction and contracts. 
The Western Office handles condemnation cases for the Department of 
Transportation, tort claims and workers' compensation cases, license rev- 
ocation or suspension cases for the Division of Motor Vehicles, environ- 
mental enforcement cases for the Department of Environment and 
Natural Resources, as well as certain administrative hearings for state 
agencies located in western North Carolina. 
G Administrative Division: The Administrative Division includes six sep- 

arate legal sections, each of which is responsible for particular clients or 
areas of the law. 

The Mental Health/Medical Facilities Section represents various divi- 
sions of the N.C. Department of Health and Human Services, the 
University of North Carolina's hospitals and the Office of the State 
Controller. 

The Health and Public Assistance Section represents the Department of 
Health and Human Services' Divisions of Social Services and Medical 
Assistance, as well as all the department's health-related programs. 

The Tort Claims Section represents the state in tort and workers compen- 
sation claims. It also handles collection actions for the University of 



217 

North Carolina and the North Carolina Community College System. 
The Services to State Agencies Section provides legal services to the 
Department of State Treasurer, the Division of 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. 
The Elections Section represents the State Board of Elections and advis- 
es numerous state and local officials on legal matters related to elections. 
The Real Estate Commission Section represents the North Carolina Real 
Estate Commission and handles cases involving licensed real estate bro- 
kers. 

□ Special Litigation Division: The Special Litigation Division consists of 

the Special Litigation Unit and the Education Section. The Special 
Litigation Unit represents the state and its officials and employees in 
complex or controversial civil litigation. The Education Section repre- 
sents 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 handles litiga- 
tion for the University of North Carolina system and consults with local 
school boards and local school officials. 

G Citizens' Rights Division: The Citizens' Rights Division consists of the 

Consumer Protection Section and the Citizens' Rights Section. The 
Citizens' Rights Section is actively involved in many current and devel- 
oping legal issues that affect the lives of North Carolina citizens. Victims' 
rights issues, child abuse, elder abuse, hate crimes reporting, domestic 
violence and family matters, the "Safe Neighborhoods Initiative", com- 
munity policing, open government issues and environmental concerns 
have all been targeted by this section. The section also administers a 
number of special projects and programs, including the Sunshine Office, 
the Child Victim Assistance Project (CVAP), the Elder Abuse Task Force, 
mediation and the Child Sexual Assault Guidelines. Section staff perfomi 
appellate work, issue legal opinions and letters and provide technical 
assistance to citizens in response to complaints and inquiries. 
The Consumer Protection Section represents the interests of North 
Carolina consumers in maintaining a free, fair and competitive market- 
place and protecting the natural environment. The section protects the 
public against price fixing, price gouging, restraint of trade and other anti- 
competitive practices. It also protects the public from fraud, deception 
and other unfair trade practices. The section assists thousands of North 



218 

Carolinians each year with consumer complaints. The Consumer 
Protection Section also represents consumers in utility matters before the 
North Carolina Utilities Commission and the state courts. 

G Environmental Division: The Environmental Division provides legal 

representation to the Department of Environment and Natural Resources 
(DENR), the state's primary environmental regulatory agency, and its 
component divisions. The division also provides legal representation to 
citizen commissions operating in the environmental area. The division 
advises the Department of Administration in its environmental duties, 
particularly with regard to outer continental shelf development for oil and 
gas and administration of the state's Environmental Policy Act. 
Representation includes all aspects of civil and administrative litigation, 
legal advice and representation during commission meetings. The divi- 
sion prepares enforcement documents for issuance by DENR and pro- 
vides legal services in contested cases, civil injunctive actions, penalty 
collection actions and judicial reviews. 

The Environmental Division has three operating sections: the Water and 
Land Section, the Groundwater and Solid Waste Section and 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 where the state administers major federal programs such as water 
quality and air quality as permitted under the Clean Water Act and the 
Clean Air Act, underground storage tanks programs, EPA Superfund and 
RCRA in the hazardous and solid waste areas and safe drinking water 
regulation. 

Law Enforcement Area 

The Law Enforcement Area of the N.C. Department of Justice includes: 

□ State Bureau of Investigation: The State Bureau of investigation pro- 

vides effective administration of the state's criminal laws, works to pre- 
vent crime wherever possible and ensure the swift apprehension of crim- 
inals. The bureau assists local law enforcement in identifying criminals, 
provides expert scientific analysis of evidence and investigates and pre- 
pares evidence to be used in court. The State Bureau of Investigation 
lends its assistance whenever requested by the attorney general, the gov- 
ernor, sheriffs, police chiefs, district attorneys or judges. 
The State Bureau of Investigation has three major areas of operation: 
Field Investigations, the Crime Laboratory and the Division of Criminal 
Information. The bureau operates one of the most advanced crime labo- 
ratories in the nation. The Division of Criminal Information maintains 



219 

and operates a statewide database that helps law enforcement agencies 
across the state in the performance of their duties. Data stored in the SBI 
system includes motor vehicle registrations, driver's licenses, wanted and 
missing persons alerts, stolen property notifications, outstanding arrest 
warrants, stolen vehicle reports, firearms registration, drug-trafficking 
intelligence and parole and probation histories. The division pioneered 
the use of computers in state law enforcement and continues to provide a 
state-of-the-art computer filing system, information retrieval and com- 
munications network to qualified law enforcement agencies throughout 
North Carolina. 



□ Division of Training and Standards: The Division of Training and 

Standards includes the N.C. Justice Academy, the Criminal Justice 
Standards Division, the Sheriffs' Standards Division, the Law 
Enforcement Liaison Section and the Information Systems Section. The 
Division of Training and Standards" primary goal is to ensure and 
advance the competence and integrity of the criminal justice profession in 
North Carolina. 

The Justice Academy, located in Salemburg, N.C, and a council to guide 
its development were created in 1973 by an act of the General Assembly. 
The academy develops and conducts training courses primarily for local 
criminal justice agencies, as well as providing the resources and facilities 
for training personnel from various state criminal justice agencies. The 
N.C. Department of Correction, for example, 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 use as a site for the new academy. 
Salemburg has hosted an educational facility on the campus since 1875, 
starting with the establishment of Salem Academy, followed by Pinelands 
School for Girls, Edwards Military Academy, and Southwood College, a 
private two-year, post-secondary institution. 

With the establishment of the N.C. Criminal Justice Education and 
Training and Standards Commission in 1979, the academy's oversight 
council was eliminated and its role in support of commission-mandated 
curriculum grew rapidly. The academy now develops and maintains man- 
dated certification curriculums in basic law enforcement training, basic 
jailer training, criminal justice instructor training, radar enforcement and 
many advanced instructor areas. 

Academy staff train thousands of criminal justice personnel both at the 
Salemburg campus and throughout the state. Numerous state and local 



220 

agencies make use of the campus itself, its learning resource center and 
its professional staff for basic and in-service training. The academy sup- 
ports every aspect of the state's criminal justice system by providing pro- 
grams and working with other agencies to upgrade the system's practices 
and personnel. 

□ Sheriffs' Standards Division: Established by act of the General 

Assembly in 1983, the Sheriffs" Standards Division administers the pro- 
grams of the North Carolina Sheriffs' Education and Training Standards 
Commission. The commission establishes minimum employment, train- 
ing and retention standards for sheriff's deputies and jailers throughout 
the state. It also enforces those standards statewide. The division certi- 
fies sheriff's deputies and jailers, as well as administering accreditation 
procedures for schools and certifying instructors who teach in commis- 
sion-mandated training programs. The division administers the Sheriffs' 
Supplemental Pension Fund, which has paid benefits to more than 65 
retired sheriffs' since the fund's creation in 1985. 

G The Criminal Justice Standards Division: Established by act of the 

General Assembly in 1971, the Criminal Justice Standards Division 
administers the programs of the North Carolina Criminal Justice 
Education and Training Standards Commission. The commission was 
formed in 1979 when the General Assembly consolidated the original 
Criminal Justice Standards Council and the Justice Academy Council into 
a single, more powerful commission. Its responsibilities include estab- 
lishing and enforcing minimum employment, training and retention stan- 
dards for law enforcement officers, correction officers, youth correction 
officers, local detention officers, radar operators and criminal justice 
instructors and schools. 

The division administers seven criminal justice officer certification pro- 
grams encompassing some 27,000 certified officers as well as eight other 
specialty 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. 

G Law Enforcement Liaison Section: This small section of attorneys pro- 

vides legal advice to the majority of local law enforcement 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 law enforcement practices and 
procedures. 



221 



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 more information about the Office of the Attorney General and the N.C. 

Department of Justice, call: 
(919) 716-6400 

or visit the department's Web site at: 
http://www.jus.state.nc.us/Justice/ 



222 




223 

Michael F. Easley 

Attorney General 

Early Years 

Born in Rocky Mount, Nash County, March 23, 1950, to Henry Alexander and 

Huldah Marie Easley. 

Educational Background 

Rocky Mount Senior High School, 1968; Bachelor of Arts in Political Science 
with Honors, UNC-Chapel Hill, 1972; Graduate Cum Laude, School of Law, 
North Carolina Central University, 1976. 

Professional Background 

Managing Editor of the Law Journal, 1975-76; Assistant District Attorney, 13th 

Judicial District, 1976; District Attorney, 13th Judicial District, 1982-1992. 

Political Activities 

Attorney General, 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 



224 

Carolina Remedy?," 1975; 'The Final Argument: Your Last Clear Chance," 1985; 
The True Bill, "The Drug Trafficking Grand Jury: A Practical Imperative", 1986. 

Personal Infonualiou 

Married, Mary Pipines Easley. Children: Michael Jr. Member, Sacred Heart 

Catholic Church, Southport. 



225 

Attorneys General of North Carolina 

Colonial 

Name Term 

George Durant' 1677-1681 

William Wilkison^ 1694 

John Porter, Jr.3 1694-1695 

Henderson Walker 1695 

Thomas Abington^ 1696 

Richard Plater^ 1696-1703 

Christopher Gale^ 704-1705 

Thomas Snoden^ 1705-1708 

Christopher Gale^ 1708-1710 

Edward Bonwicke^ 1711-1714 

Daniel Richardson '0 1714-1724 

John Worley'l 1716 

James Stanaway'-^ ca. 1720 

John Montgomery'^ 1723 

William Little'^ 1724 

Thomas Boyd'5 1724-1725 

William Little 1725-1731 

JohnConnor'6 1731 

John Montgomery'^ 1731-1741 

JohnHodgson'8 1734 

Joseph Anderson '9 1741-1742 

John Montgomery 1742-1743 

Joseph Anderson^O 1743-1747 

Thomas Child2l 1747-1752 

George NichoIas22 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 



226 

State 

Name Residence Term 

Waightstill Avery29 Burke \111-\119 

James IredelP^^ Chowan 1779-1782 

Alfred Moore-^' Brunswick 1782-1791 

John Haywood, Jr.32 Halifax 1792-1795 

Blake Baker-^-'' Edgecombe 1795-1803 

Henry SeawelP-^ Wake 1803-1808 

Oliver Fitts-'^^ Warren 1808-1810 

William Miller^^ Warren 1810 

Hutching G. Burton-''^ Warren 1810-1816 

William P. Drew-^^ Halifax 1816-1824 

James F. Taylor-'^'^ Wake 1825-1828 

Robert H. Jones^*^* Warren 1828 

Romulus M. Saunders-*' Caswell 1828-1834 

John R. J. Daniel Halifax 1835-1841 

Hugh McQueen'*^ Chatham 1841-1842 

Spier Whitaker Halifax 1842-1846 

Edward Stanley^^ Beaufort 1846-1848 

Bartholomew F. Moore-*^ Halifax 1848-1851 

William Eaton, Jr.^5 Warren 1851-1852 

Matthew W. Ransom^^ Northampton 1853-1855 

Joseph B. Batchelor^^ Warren 1855-1856 

William H. Baiiey^8 Mecklenburg 1857 

William A. Jenkins^'^ Warren 1857-1862 

Sion H. Rogers^^^ Wake 1863-1868 

William M. Coleman^' 1868-1869 

Lewis R01ds52 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 I. Osborne Mecklenburg 1893-1897 

Zebulon V. Walser^^ Davidson 1897-1900 

Robert D. Douglas^^ Guilford 1900-1901 

Robert D. Gilmer Haywood 1901-1909 

Thomas W. Bicket56 Franklin 1909-1917 

James S. Manning Wake 1917-1925 



227 

Name Residence Term 

Dennis G. Brummitt^^ Granville 1925-1935 

Aaron A. F. Seawelp8 Lee 1935-1938 

Harry McMullan59 Beaufort 1938-1955 

William B. Rodman, Jr.60 Beaufort 1955-1956 

George B. Patton^l Macon 1956-1958 

Malcolm B. Seawell62 Robeson 1958-1960 

Wade Bruton63 Montgomery 1960-1969 

Robert Morgan^^ Harnett 1969-1974 

James H. Carson, Jr.65 Mecklenburg 1974-1975 

RufusL. Edmisten66 Wake 1975-1985 

Lacy H. Thomburg^^ Jackson 1985-1993 

Michael F. Easley^^ Brunswick 1993-Present 

Notes 
Colonial 

'Ourant was probably appointed by Jenkins, possibly as early as 1673 or 
1674. (He was serving by 1676.) When conflict between Eastchurch and Jenkins 
broke out, Durant went to England to plead Jenkin's case, not very successfully 
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 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 unspecified 
"Misdemeanors." 

-'Porter was appointed by Harvey to replace Wilkinson and qualified before 
the court. He probably served until Walker took office in 1695. 

^Abington served as attorney general for two indictments during the 
February, 1 696, 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 his 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 1 705 and 
was still serving in 1708. 

^Gale was again acting as attorney general by October, 1708. There are no 
court records available for 1709 and 1710 and the records for the First Court in 



228 

1711 indicate 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. By that October, 
however, he was no longer in office. 

'^Richardson was apparently appointed by Governor Eden sometime during 
the summer of 1714. Me 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 attorneys general 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 
Carol imiA\, 140. 

''-Instructions issued to Governor Burrington by the Lords Proprietors indi- 
cate that James Stanaway was appointed attorney general; however, there is no 
evidence to indicate that he served. 

'-^Montgomery is reported to have been appointed attorney general in 1723. 
No evidence, however, could be found to indicate that he served at this time. 

'"^Little was appointed by Governor Burrington to replace Richardson and 
qualified before the Council. His resignation was announced at a council meeting 
on November 7, 1724. 

'^Boyd was appointed by Governor Burrington to replace Little and qualified 
before the council. He served until Little took over in 1725. 

'"Connor was appointed by Governor Burrington and qualified before the 
council. He served only until Montgomery arrived. 

' '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, since he was considered the attorney general 
in November. He continued serving until 1741 when he was appointed acting 
chief justice. 

'^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, 1 734. 

'^Anderson was appointed acting attorney general by Governor Johnston 
when Montgomery became chief justice. He served until Montgomery returned to 
service in 1742. 

^^Anderson was appointed permanent attorney general by Governor 
Johnston when Montgomery was commissioned chief justice. He qualified before 

the council and continued serving until Child took office in 1747. 

') 1 

^' Child was appointed by the crown and qualified on May 16, 1747. He 



229 

served until he returned to England in 1752. 

^^Nicholas was apparently appointed to serve when Child left North Carolina 
to go to England. He was reported ill in October, 1755. There is no evidence that 
anyone else was appointed until 1 756. 

^-^Elliot was appointed by Governor Dobbs to replace Nicholas and appar- 
ently qualified before Dobbs. He only served a few months before he died. 

"^■^Jones was appointed by Governor Dobbs to replace Elliott and presumably 
qualified before him. He served until Child took over in 1761. Commission to 
Robert Jones, Jr., October 4, 1756, Commissions, 1754-1767. 

■^^Child was commissioned by the crown and apparently qualified before 
Governor Dobbs. He served until he resigned in 1761. 

^"Jones was appointed by the crown and apparently qualified before 
Governor Dobbs. He served until his death on October 2, 1766. 

^' Jones was appointed by Governor Tryon to replace Jones and served until 
McQuire took office in 1 767. 

^"The crown commissioned McGuire to replace Jones and he qualified 
before the council. He presumably served until the Revolution. 

State 

^"Avery resigned on May 8, 1 779. 

^^Iredell was appointed by the governor with the advice and consent of the 
council 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. 

■^^Haywood was elected to replace Moore and resigned following his election 
as judge of the Superior Court of Law and Equity on January 28, 1795. 

■^■^ Baker was elected to replace Haywood and resigned on November 25, 
1803. 

■^^Seawell was elected to replace Baker and resigned on November 30, 1808. 

■^^Fitts 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. 

'in 

"^ 'Burton resigned November 21, 1816. 

■^°Drew was elected to replace Burton and resigned in November, 1 824. 

^"Taylor was elected to replace Drew and died in late June, or early July, 
1828. 



230 

■^^Jones was appointed by governor with the advice and consent of the coun- 
cil to replace Taylor. 

'^' Saunders was elected to replace Taylor. On December 16, 1834 a resolu- 
tion was passed in the House of Commons declaring that the office of Attorney 
General was vacant because Saunders held a commission from the federal gov- 
ernment, which was in violation of Chapter 6 of the Laws of 1790. (The law pro- 
hibited dual office holding by a public official except in special cases.) Saunders 
wrote to Alexander Williams, 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. 

^^McQueen's resignation was received by the House of Commons on 
November 25, 1842. 

^■^Stanley 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 reg- 
ular term and resigned in May, or June, 1 85 1 . 

"^^Eaton was appointed by the governor with the advice and consent of the 
council to replace Moore. 

"^"Ransom was elected by the General Assembly to replace Moore and 
resigned on May 2, 1855. 

"^ '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; Batchclor to Bragg, 
November 26, 1 856, Bragg Letter Book, 1 855- 1 857, 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. The office, however, was declared 
vacant on December 8, 1862 because Jenkins had accepted a commission in the 
Confederate Army. 

^^Rogers was elected to replace Jenkins and served until the Constitution of 
1868 went into effect. Commission dated January 6, 1866, Commission Book, 
1841-1877. 

^' Coleman was elected in the general elections in April, 1868 and served 
until his resignation on May 29, 1 869. 

-'"-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 



231 

nomination by Samuel F. Phillips. 

^-'Siiipp was elected in the general elections in 1870 to complete Coleman's 
unexpired term, but was defeated for re-election in 1872. 

^^Walser was elected in the general elections in 1896. He resigned effective 
November 24, 1900, following his defeat for re-election by Gilmer. 

^^Douglas was appointed by Governor 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. 

^ 'Brummitt was elected in the general elections in 1924 and served follow- 
ing subsequent re-elections 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. 

^^McMullan was appointed by Governor Hoey on April 30, 1938, to replace 
Seawell. He was elected in the general elections in 1938 to complete Seawell's 
unexpired term. He was elected to a full term in 1940 and served following sub- 
sequent re-elections until his death on June 24, 1955. 

"^Rodman was appointed by Governor Hodges on June 1, 1955, to replace 
McMullan and served until he resigned in August, 1956, when he was appointed 
to the Supreme Court. 

"'Patton was appointed by Governor Hodges on August 21, 1956, to replace 
Rodman. He was elected in the general elections in 1956 and served until his res- 
ignation effective April 15, 1958. 

"^Seawell was appointed by Governor Hodges on April 15, 1958, to replace 
Patton. He was elected in the general elections in 1958 to complete Patton's unex- 
pired term and served until his resignation effective February 29, 1960. 

"-^Bruton was appointed by Governor Hodges on February 27, 1960 (to take 
office March 1) to replace Seawell. He was elected in the general elections in 
1960. 

""^Morgan resigned August 26, 1974, to run for United States Senator. 

"^Carson was appointed by Governor Holshouser on August 26 to replace 
Morgan. 

""Edmisten defeated Carson in a 1974 special election to complete Morgan's 
term. He was elected to a full term in 1976 and served following subsequent re- 
elections until 1985. 

"'Thomburg was elected in the general elections in 1984. 



232 

/TO 

"^Easley was elected in the general elections of 1992 and re-elected in the 
1996 elections. 



233 

Department of Agriculture 

The Civil War devastated North Carolina's economy. Agriculture, the mainstay of 
the state's slightly more than one million people, was severely stricken. Crop 
quality tended to be poor and market prices low. A system of farm tenancy devel- 
oped leading to smaller farms and decreased efficiency. 

In an effort to fight these and other problems, farmers joined such organiza- 
tions as the Patrons of Husbandry (the Grange) and the Farmers' Alliance. These 
populist groups gave farmers a united political voice, but were unable to solve 
many of the problems plaguing the state's agricultural economy. The solution for 
the majority of farmers was to establish a state government agriculture depart- 
ment. As early as 1860, Governor John E. Ellis had urged the General Assembly 
to set up a Board of Agriculture. Their attention instead riveted to the oncoming 
war, legislators ignored the request. 

The foundation for establishment of an agriculture department was laid in 
1 868 when North Carolinians approved a new state constitution. The constitution 
provided: 'There shall be established in the Office of the Secretary of State a 
Bureau of Statistics, Agriculture, and Immigration under such regulations as the 
General Assembly may provide.'" The new agency did not provide for the real 
needs of agriculture, however, and failed to win the favor of farmers who still 
wanted an independent department. 

Farmers' pleas did not fall on deaf ears. In 1875 at a constitutional conven- 
tion, delegates approved a petition calling upon the General Assembly to "estab- 
lish a Department of Agriculture, Immigration, and Statistics under such regula- 
tions as may best promote the agricultural interests of the State and shall enact 
laws for the adequate protection and encouragement of sheep husbandry." In 
March, 1877, a bill establishing such a department was introduced in the General 
Assembly and passed. The original law established a Board of Agriculture to 
supervise the North Carolina Department of Agriculture's (NCDA) activities. One 
of the board's first tasks was to select a commissioner to act as the department's 
administrative head. 

Colonel Leonidas LaFayette Polk of Anson County, a Civil War hero who had 
also been instrumental in the department's establishment, was named the first 
Commissioner of Agriculture. For a $2,000 a year salary, Polk was charged to 
carry out the following: 

^ Find a means of improving sheep husbandry and curb high mortality rates 
caused by dogs. 

^ Seek the causes of diseases among domestic animals, quarantine sick stock, 
and regulate transportation of all animals. 



234 

Seek to check insect ravages. 

Foster new crops suited to various soils of the state. 

Collect statistics on fences in North Carolina with the object of altering the 
system in use. 

Work with the United States Fish Commission in the protection and propaga- 
tion offish. 

Send a report to the General Assembly each session. 

Seek cooperation of other states on such matters as obstruction of fish in 
interstate waters. 

Make rules regulating the sale of feeds and fertilizers. 

In addition, the department was to establish a chemical laboratory at the 
University of North Carolina for testing fertilizers and to work with the U.S. 
Geological Survey in studying and analyzing natural resources. 

The NCDA's first official home was the second story of the Briggs Building 
on Fayetteville Street in downtown Raleigh. Other department employees were 
located at the Agricultural Experiment Station in Chapel Hill and in other Raleigh 
office buildings. 

The Board of Agriculture decided to bring all the divisions of the department 
together in 1881 and bought the National Hotel for $13,000. The hotel was on 
Edenton Street, the present site of the Agriculture Building. The building was 
later enlarged and remained the NCDA's home until 1923, when the Edenton and 
Halifax streets parts of the building were demolished and the present neo-classic 
building erected. A five-story annex was added to the main building in 1954 to 
provide new quarters for the Natural History Museum and space for laboratories 
and offices. 

Through the decades, the NCDA has expanded its services and responsibili- 
ties to meet agriculture's needs. The department now has 1,500 employees and 
17 divisions, it enforces rules and regulations that protect people, farming and the 
environment. 

The position of Commissioner of Agriculture became an elected office in 
1899. Samuel L. Patterson of Caldwell County, who had served earlier by board 
appointment, became the first elected commissioner. The current commissioner, 
James A. Graham of Cleveland (Rowan County), has served since 1964. 

During its first 130 years of service, the N.C. Department of Agriculture has 



235 

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 Commissioner of Agriculture serving as ex-officio chair. 

Agriculture is now North Carolina's No. 1 industry, generating more than $5 
billion in revenues annually. One out of every five jobs in North Carolina is agri- 
culturally-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 sec- 
ond nationwide in hogs, cucumbers for pickles, trout, poultry and egg products; 
fourth in commercial broilers, peanuts, blueberries, and rye; sixth in burley tobac- 
co; seventh in apples and greenhouse and nursery sales; eighth in strawberries, 
peaches and watermelons; ninth in eggs; and tenth in cotton. Following are the 
various divisions of the N.C. Department of Agriculture and the services they 
offer: 

□ Agricultural Statistics Division: Even though the N.C. Department of 
Agriculture's original title included "statistics,'" the intent was mainly to 
collect statistics relating to farm fences. Commissioner Polk did try send- 
ing 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, for the most part, incomplete. 

By 1887, it was apparent to Commissioner John Robinson that a statisti- 
cal service was needed. In that year's 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 information 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 the NCDA. Three 
years later, he moved his office to the Agriculture Building and became 
the first director of the Agricultural Statistics Division. 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 agri- 
cultural losses, such as those sustained through drought and floods. 

□ Agronomic Services Division: The North Carolina Department of 
Agriculture 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 



236 

county and collecting samples for analysis. In addition to chemical analy- 
sis, the office set up plot tests on each important soil type in the state. 
These plots demonstrated the benefits of various types of fertilizers and 
crop rotation. 

It was 1938, however, before the General Assembly established a Soil 
Testing Division in the department. The division was set up to accept soil 
samples from growers and homeowners statewide for analysis and to fur- 
nish 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 detenu inations were 
made from soil, plant, waste, solution and nematode samples. Soil man- 
agement recommendations are made to improve crop production effi- 
ciency while also 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 Division : Under the first elected commis- 

sioner, Samuel L. Patterson, the department took on more regulator)' 
duties. One of these was administration of the Pure Food Law, which the 
General Assembly passed in 1 899. The law was intended to prevent adul- 
teration and mislabeling of food and drink for both humans and animals. 
A statewide study in 1900 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 
percent 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 department's first 
statewide analysis showed a large amount of worthless material used in 
stock feeds as tiller. 

In the 1940s pesticides began to appear in large numbers and in broader 
effectiveness. Various weed and grass killers, defoliating chemicals, 
chemicals to control the premature falling of fruits, and new and more 
powerful insect and rodent controlling chemicals added to the agricultur- 
al insecticides and fungicides already on the market in North Carolina. It 
was obvious these products needed special attention to assure reasonable 
effectiveness, safety and product quality. The General Assembly respond- 
ed by passing the Insecticide, Fungicide, and Rodenticide Act of 1947. 
Under this law, the NCDA was charged with the registration of all pesti- 
cide brands to prevent mislabeling and adulteration. Examinations were 



237 

made of pesticide labels to ensure that the percentage of each active 
ingredient and total inert matter were indicated and that other label state- 
ments were acceptable. In 1953, the department began licensing contrac- 
tors and pilots for aerial application of pesticides. 

The Pesticide Law, passed in 1971, gave the NCDA authority to license 
pesticide 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 1 97 1 law also pro- 
vided 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 analyzes were performed on those samples. 

□ Food Distribution Division: In 1 944, the department began a cooperative 

effort with the U.S. Department of Agriculture (USDA) to receive and 
distribute surplus agricultural commodities. Such commodities as evapo- 
rated milk, potatoes, beets, eggs and grapefruit juice were sent to public 
schools for supplementing meals. Not only did schools benefit from serv- 
ing 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 dis- 
tributed $29.5 million worth of USDA commodities in 1994 to eligible 
recipients. 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. 

Q Marketing Division: Initially called the Division of Cooperative Marketing 

when it was established 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 fanners organize into cooperative marketing organizations. 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. 



238 

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 produced for sale throughout the 
state. 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 the "Flavors of 
Carolina" food product shows. The "Goodness Grows in North Carolina" 
marketing program, which identifies Tar Heel products to consumers, has 
met with wide success and support. 

Other division responsibilities include operation of regional farmers mar- 
kets in Asheville, Charlotte and Raleigh. A fourth market opened in 
Greensboro in 1995. The division has a regional fruit and vegetable mar- 
keting 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 collec- 
tion, known as the Cabinet of Minerals, was housed on the third floor of 
the N.C. Capitol prior to the Civil War. It formed the nucleus of the N.C. 
Museum of Natural Sciences. 

After the responsibility for the museum was transferred to the NCDA, the 
legislature expanded the museum's role 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, min- 
erals, fossils and ecology. In 1995, the North Carolina General Assembly 
transferred operations of the museum to the N.C. Department of 
Environment, Health and Natural Resources. 

The NCDA still maintains the N.C. Maritime Museum in Beaufort, which 
it has operated since 1975. The museum sponsors dolphin watches, con- 
ducts salt marsh hikes, builds old-replicas of historic wooden boats and 
features a collection of specimens and displays. 

G Plant Industry Division: Among the original duties given to the depart- 

ment were "investigations relative to the ravages of insects." Up until the 
late 1880s, however, department reports declared a "remarkable exemp- 
tion of the crops of the State" from insect pests. The situation changed 
considerably around 1900 when pests such as the San Jose Scale, which 
attacked the state's fruit orchards, began to move in. The San Jose Scale 
was called the "worst enemy of the deciduous fruits." 
The NCDA responded to the crisis by hiring an entomologist to work in 



239 

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 specimens of every 
type of insect found in the state and served as a useful tool in identifying 
pests for the public. 

In 1916, the NCDA established a honey and bee program. 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 incor- 
porate such tools as integrated pest management and biological pest con- 
trol. 

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 programs to deal 
with pests such as the gypsy moth, sweet potato weevil and witchweed. 
The NCDA inspects all plants shipped within the state and performs some 
inspections for interstate shipment under a cooperative arrangement with 
the federal government. 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 divi- 
sion's most successful programs. The boll weevil had decimated the 
state's cotton crop prior to program implementation in the early 1980s. 
Cotton acreage had plummeted to 45,000 acres statewide in 1978. The 
eradication program centered on 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 Division: The need for communication between the 

NCDA and the public it served was evident from the department's begin- 
ning. In 1 877, 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 expand- 
ed into all areas of agricultural production. It became necessary to hire a 
bulletin superintendent. 



240 

In 1914, an information office was established to coordinate a news serv- 
ice for the NCDA and the N.C. 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 more than 70,000 
subscribers. 

Public Affairs has become the public relations liaison between the public, 
the media and the department. The division manages public relations for 
the N.C. State Fair and coordinates enshrinement ceremonies for the N.C. 
Agricultural Hall of Fame. Division personnel also write speeches and 
news releases. 

G Research Stations: Created in 1877 by the same act that created the 

NCDA, the Experiment Station in Chapel Hill was the first such center 
devoted agricultural research in the South and only the second in the 
entire nation. It was directed to conduct experiments on plant nutrition 
and growth, ascertain which fertilizers were best suited to specific crops 
and conduct needed investigations on other agricultural topics. 
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, lay- 
ing out test plots and constructing buildings began. The station was trans- 
ferred from the NCDA to the newly created N.C. College of Agricultural 
and Mechanical Arts (later N.C. State University) in 1889. The federal 
Hatch Act, which had provided $15,000 to each state for agricultural 
research, had specified that the money be directed to the land grant col- 
lege. In establishing the A&M College, the General Assembly had pro- 
vided that the college would receive all land-grant benefits. 
While the NCDA maintained its associations with the station, it shifted its 
own efforts to establishing test farms in various locations statewide. The 
purpose was to experiment with different crop-fertilizer-soil combina- 
tions to find the most suitable for certain areas. The first two research sta- 
tions 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. The NCDA owns nine sta- 



241 

tions and provides administrative 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 demonstra- 
tion purposes. The Center for Environmental Farming Systems at Cherry 
Farm in Goldsboro was dedicated in February, 1994. Organic, no-till opti- 
mized yields and sustainable agriculture methods will be studied at the 
2,300-acre farm. 

□ Standards Division: The first laws relating to petroleum products were 

passed in 1903, at which time heating oil — kerosene — was being used 
primarily for lighting. Some of this product contained such large 
amounts of sulphur that it was found to be a health hazard. It also caused 
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 heat- 
ing or power purposes. When the program began, many companies were 
trying to sell low grades of gasoline 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 compliance with qual- 
ity 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. 

The Standards Division is responsible for testing commercial weighing 
and measuring devices, such as scales, to ensure accuracy. Bar code scan- 
ners, such as those employed in retail stores, are also checked. The divi- 
sion is also responsible for providing precision mass, volume, tempera- 
ture and length standard calibrations. 

G North Carolina 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 interruptions during the Civil War and 
Reconstruction. Among the fair's most famous guests during the era were 
Theodore Roosevelt in 1905 and William Jennings Bryan in 1907. 
The State Agricultural 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 the NCDA's administration. For a few years the department 
leased out the operation commercially, but in 1937, Commissioner Kerr 



242 

Scott decided that the NCDA should manage the fair directly. 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 October. Feature 
attractions include livestock and horse shows, crafts, carnival food, free 
concerts, thrilling rides, contests and much more. The James E. Strates 
Shows' midway has been a regular feature at the fair since 1948. 
The fairgrounds operate year-round. The 344-acre site has eight different 
buildings and 50 permanent employees. A variety of events — including 
the Dixie Deer Classic, Southern Farm Show and Ringling Bros, and 
Barnum & Bailey Circus — are held in the buildings. 

Q Structural Pest Control Division: Public concern for the unethical prac- 

tices 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 the NCDA responsibility 
for inspecting extermination work. 

In 1967, the law was revised, abolishing the commission and creating a 
Structural Pest Control Division in the NCDA. The division, which over- 
sees applicator licensing and compliance, was given the responsibility of 
administering the law under the Commissioner of Agriculture. A 
Structural Pest Control Committee was established to make necessary 
rules and regulations and to hold hearings related to law violations. 

□ Veterinary Division: Even though the original act establishing the NCDA 

called for animal health protection, it was 1898 before a state veterinari- 
an 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; it 
was also the first time anyone had proven that parasites are capable of 
transmitting disease in mammals. Curtice's work set the pattern for simi- 
lar 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. Containing and erad- 
icating the disease took many years of effort by the Veterinary Division's 
staff. 

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 



243 

livestock would improve soil fertility and better livestock would increase 
profit. Eventually this responsibility was given to the NCDA's Marketing 
Division. 

In 1925, the department was charged with supervising slaughtering and 
meat-packing establishments in North Carolina. This service was not 
compulsory 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 lab- 
oratories have been set up across the state to serve farmers, practicing vet- 
erinarians, animal health personnel and pet owners. Meat and poultry 
facility inspections have become compulsory. The division has been 
instrumental in combating various livestock diseases, including 
pseudorabies in swine, equine infectious anemia in horses and tuberculo- 
sis in cattle. 

□ Other Divisions: Other divisions of the NCDA coordinate the depart- 

ment's administration, fiscal management and personnel functions. The 
Administration Division includes offices of the Commissioner of 
Agriculture, deputy and assistant commissioners and a small farms and 
agriculture 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, environ- 
mental regulation and natural resource management. The aquaculture 
industry involves the commercial production of rainbow trout, crawfish, 
hybrid striped bass, catfish and clams. 

Fiscal Management is responsible for the NCDA's business affairs, 
including preparation and management of operating and capital improve- 
ment budgets, 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 
the NCDA in 1 971. The Personnel Division is responsible for providing 
support to the NCDA's divisions in the areas of personnel administration 
including recruitment, interviewing and placement, personnel records 
management, policy development and more. 

Agriculture-Related Boards and Commissions 
Aquaculture Advisory Board 



244 



Board of Crop Seed Improvement 

N.C. Public Livestock Market Advisory Board 

Pesticide Advisory Committee 

N.C. Grape Growers Council 

Northeastern N.C. Farmers Market Advisory Board 

Southeastern N.C. Farmers Market Commission 

Southeastern N.C. Farmers Market Advisory Board 

Grading Service Advisory Committee 

Tobacco Research Commission 



For further information about the N.C. Department of Agriculture, cal 

(919) 733-7125 

or visit the department's Web site at: 
http://vvww.agr.state.nc.us/ 



245 




246 

James Allen Graham 

Commissioner of Agriculture 

Early Years 

Bom in Cleveland, Rowan County, April 7, 1921, to James Turner and Laura 
Blanche (Allen) Graham. 

Educational Background 

Cleveland High School, 1938; B.S. in Agriculture Education, N.C. State College, 
1942. 

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 Terry Sanford to fill term of the late L. Y. Ballentine); elect- 
ed, 1964; re-elected 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). 



247 



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. 

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 Outstanding Service to Rural People Award, 1983; N.C. Pork Producers 
Association Special Service Award, 1983; N.C. Poultry Federation, Distinguished 
Service Award, 1983; Honorary member: N.C. Vocational Agricultural Teachers 
Association; N.C. Farm Writers Association; State Future Farmers of America: 
Permanent Class President, Class of '42, NCSU; N.C. Quarterhorse Association, 
Hall of Fame; Martin Litwack Award, NCSU College of Veterinary Medicine; 
N.C. Pest Control Association Award; N.C. Food Dealers Association; Division 
TEACCH, UNC School of Medicine; N.C. School Food Service Association, 
1990. 

Personal Information 

Married, Helen Ida Kirk, October 30, 1942; Children: Alice Kirk Graham 
Underbill and Laura Constance Graham Brooks; seven grandchildren. Member, 
First Baptist Church of Raleigh; Deacon, 1960-1964, 1969-Present. 



248 

Commissioners of Agriculture i 

Name Residence Term 

LeonidasL. Polk^ Anson 1877-1880 

Montford McGhee^ Caswell 1880-1887 

John Robinson^ Anson 1887-1895 

Samuel L. Patterson^ Caldwell 1895-1897 

James M. Newborne^ Lenoir 1897 

John R. Smith^ Wayne 1897-1899 

Samuel L. Patterson^ Caldwell 1899-1908 

William A. Graham^ Lincoln 1908-1923 

William A. Graham. Jr."^ Lincoln 1923-1937 

William Kerr Scott" Alamance 1937-1948 

David S. Coltrane'^ Wake 1948-1949 

Lynton Y. Ballentine'-'' Wake 1949-1964 

James A. Graham''^ Rowan 1964-Present 

Notes 

'The Department of Agriculture was created by the General Assembly of 
1 876-77. 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 
membership was then to elect a Commissioner of Agriculture, who would serve 
as head of the department. This arrangement continued until 1900, when the com- 
missioner was elected by the General Assembly, in the General Assembly of 
1899, a bill was passed which provided for the electing of the Commissioner of 
Agriculture in the general elections. 

"Polk 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 re-elections 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, 1 897, (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. 



249 

^Patterson was elected by the General Assembly on March 6, 1899. He was 
elected in the general elections in 1900 and served following re-election 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 fol- 
lowing subsequent re-elections until his death on December 24, 1923. 

'^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. 

'' Scott was elected in the general elections in 1936 and served following 
subsequent re-elections until his resignation in February, 1948. 

^^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. 

'■^Ballentine was elected in the general elections in 1948 and served follow- 
ing subsequent re-elections until his death on July 19, 1964. 

'"^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 fol- 
lowing subsequent re-elections. 



250 

Department of Labor 

The Constitution of North Carolina provides for the election by the people every 
four years of a Commissioner of Labor whose term of office runs concurrently 
with that of the governor. The commissioner is the administrative head of the 
Department of Labor and also serves as a member of the Council of State. 

The original "Bureau of Labor Statistics," the historical precursor of the pres- 
ent N.C. Department of Labor, was created by the General Assembly of 1887, 
with provision for appointment by the governor of a "Commissioner of Labor 
Statistics" for a two-year term. In 1 899 another act was passed providing that the 
commissioner, beginning with the general election of 1900, be elected by the peo- 
ple for a four-year term. 

For three decades, the department over which this newly-elected commis- 
sioner presided remained a very small agency of state government with limited 
duties and personnel. In 1925, the department employed a total of 15 people. In a 
general reorganization of the state's labor administration functions in 1931, the 
General Assembly laid the broad groundwork for the Department of Labor's sub- 
sequent, gradual development into an agency administering laws and programs 
affecting a majority of North Carolina citizens. 

Today, the North Carolina Department of Labor is charged by statute with 
promoting the "health, safety and general well-being" of the state's more than 
three million working people. The many laws and programs under its jurisdiction 
affect virtually every person in the state in one way or another. The General 
Statutes provide the commissioner with broad regulatory and enforcement pow- 
ers with which to carry out the department's duties and responsibilities to the peo- 
ple. 

The department's principal regulatory, enforcement and promotional pro- 
grams are carried out by 14 bureaus, each headed by a bureau chief. These include 
the Apprenticeship and Training Bureau; the Boiler Safety Bureau; the Elevator 
and Amusement Device Bureau; the Employment Mediation Bureau; the Labor 
Standards Bureau; the Mine and Quarry Bureau; the Occupational Safety and 
Health Division (OSH), which contains five different bureaus; the Private 
Personnel Service Bureau; the Training Initiatives Bureau; and the Workforce 
Training and Development Bureau. Support services are handled by the Budget 
and Management, Human Resources and Communications divisions, along with 
the Information Resources and Publications bureaus, the departmental library and 
the legal affairs office. 

Five statutory boards assist the commissioner with policy development and 
program planning. These are the Apprenticeship Council; the N.C. Board of 
Boiler and Pressure Vessel Rules; the Mine Safety and Health Advisory Council; 
the State Advisory Council on Occupational Safety and Health; and the Private 



251 

Personnel Service Advisory Council. The Industry Advisory Board and the 
Agricultural Safety and Health Council also advise the commissioner. 

The Occupational Safety and Health Review Board is a separate unit inde- 
pendent of the Department of Labor. The board hears appeals of citations and 
penalties imposed by the OSH Division. Its members are appointed by the gover- 
nor. The Department of Labor's major bureaus and their regulatory functions 
include: 

□ Apprenticeship and Training Bureau: The Apprenticeship and Training 
Bureau 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 1996 almost 7,000 citizens were enrolled in these private industry-sup- 
ported 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 bureau encourages high school graduates to pursue apprenticeship 
training as a means of acquiring steady, fulfilling employment that offers 
excellent wages and career-development potential. Apprentices begin at 
a fixed percentage of journeyman pay and receive planned wage increas- 
es as they learn new skills. Apprenticeships combine structured on-the- 
job training with related technical training furnished by the individual 
employer or at a local community college or technical institute. 
The bureau administers the National Apprenticeship Act of 1937 in North 
Carolina. This federal law established uniform standards for quality train- 
ing under approved apprenticeship agreements. The bureau establishes 
standards, approves apprenticeship programs which meet established cri- 
teria, serves as a records depository and issues completion certificates to 
citizens who complete apprenticeship training. 

□ Boiler Safety: The Boiler Safety Bureau enforces North Carolina's Unifonn 
Boiler and Pressure Vessel Act. This 1976 law expanded coverage of earli- 
er statutes that had existed since 1935. The bureau regulates the construc- 
tion, installation, repair, alteration, inspection, use and operation of vessels 
subject to the law. The bureau conducts periodic inspections of vessels under 
its jurisdiction and monitors inspection reports by certified insurance com- 
pany inspectors. The bureau maintains records concerning the ownership, 
location and condition of boilers and pressure vessels being operated and 
issues operating certificates to boiler owners and operators whose equip- 
ment is found to be in compliance with the act. More than 83,000 boilers and 
pressure vessels are currently on record with the division. 



252 

G Elevators and Amusement Devices: The Elevator and Amusement 

Devices Bureau is responsible for the proper installation and safe opera- 
tion of ail elevators, escalators, workman's hoists, dumbwaiters, moving 
walks, aerial passenger tramways, amusement rides, incline railways and 
lifting devices for persons with disabilities that operate in public estab- 
lishments (except federal buildings) and private places of employment. 
Nearly 22,201 inspections are conducted annually by this bureau, 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 bureau's 
jurisdiction (e.xcept amusement rides) must submit blueprints and appli- 
cations 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 bureau's Raleigh office at least five (5) 
days prior to the intended date of operation. 

Once notified through the permit application or location notice process- 
es, the bureau 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, bureau personnel 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 can obtain information from the bureau. The 
bureau also offers architects and builders a service that reviews plans for 
code compliance on proposed installations of elevators and related equip- 
ment. 

G Employment Mediation: The Employment Mediation Bureau directs the 

department's efforts to resolve conflicts between employees and manage- 
ment in the workplace. Created by the General Assembly in 1941, the 
bureau seeks to broker voluntary, amicable and swift settlements of dis- 
putes between employers and employees, disputes that otherwise would 
likely result in strikes, work slowdowns or lockouts. The bureau's servic- 
es include: 

^ Mediation: Upon application by both parties, the Commissioner 

of Labor will assign a mediator to assist the parties in their collective bar- 
gaining process. This effort is voluntary and does not bind the parties in 
any way legally. 



253 

^ Conciliation: When there is an imminent or existing labor dis- 

pute, the commissioner may assign a conciliator to help adjust and settle 
the differences between the parties. The conciliation effort has no binding 
legal effect upon the parties. 

^ Arbitration: In 1927, North Carolina was one of the first states to 

enact a Uniform Arbitration Act. The act establishes a formal procedure 
for voluntary, 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 arbitrator, the 
N.C. Administrative Code authorizes the commissioner to appoint an 
arbitrator. 

G Labor Standards: The Labor Standards Bureau administers and enforces 

the 1979 North Carolina Wage and Hour Act, which consolidated four 
previously separate state laws covering minimum wage, maximum work 
hours, wage payment and child labor. The bureau also administers and 
enforces the Retaliatory Employment Discrimination Act and the 
Controlled Substance Examination Regulation Act. 
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 employ- 
ee 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 haz- 
ardous occupations. There are daily and weekly hours restrictions, break 
requirements, and additional work limitations for 14 and 15-year-old 
workers. Youth aged 12 and 13 may be employed for newspaper delivery 
only, for which a youth employment certificate is not required. 



254 

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 bureau administers the Controlled Substance Examination 
Regulation Act, which protects individuals from inadequate controlled 
substance 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. 
The bureau also enforces the Retaliatory Employment Discrimination 
Act. This new law protects employees who in good faith file or initiate 
an inquiry in relation to worker's compensation 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 bureau impartially examine all written complaints 
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 pur- 
sue the claim through litigation. If the complaint is found to be valid by 
the bureau, the department attempts conciliation through informal means 
prior to issuing a right-to-sue letter or taking the complaint to court. In 
addition to its other duties, the bureau investigates worker complaints and 
collects back wages due employees. 

□ Mines and Quarries: The Mine and Quarry Bureau enforces the 1976 

Mine Safety and Health Act of North Carolina and conducts a broad pro- 
gram of inspections, education and training, technical assistance and con- 
sultations to implement provisions of the act. 

Previous North Carolina law on the operations and inspection of mines 
and quarries in the state dates back to 1897. In 1977 the U.S. Congress 
enacted the federal Mine Safety and Health Act, requiring mine and quar- 
ry operators to meet specific standards designed to achieve safe and 
healthful working conditions for the industry's employees. 
The Mine and Quarry Bureau assists operators in complying with the pro- 
visions of the federal act, which requires them to train their employees in 
safe working procedures. Some 460 private sector mines, quarries, and 
sand and gravel pit operations employing more than 4,500 citizens are 
under the division's jurisdiction. There also are approximately 300 pub- 
lic sector mines in North Carolina operated by the N.C. Department of 
Transportation. These mines are not under Department of Labor jurisdic- 
tion, but personnel from public sector mines do participate in training 
programs conducted by the Mine and Quarry Bureau. 



255 

□ 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 25 state-administered OSHA 
programs in the nation. The Occupational Safety and Health Division, 
through its Safety Compliance and Health Compliance bureaus, conducts 
more than 3,600 inspections a year. The division conducts investigations 
of complaints made by workers, investigations of work-related accidents 
and deaths, general schedule inspections of randomly-selected firms and 
follow-up inspections of firms previously cited for OSHA violations. 
Inspection schedules are coordinated through the Management 
Evaluation and Information Bureau. 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 to the state's 
180,000 private businesses and public employers under its jurisdiction 
through its Consultative Services Bureau. The division also offers engi- 
neering and educational assistance through its Education, Training and 
Technical Assistance Bureau. By making full use of these non-enforce- 
ment services, employers may bring their establishments into full com- 
pliance with OSHA standards. Employers may contact the bureaus to 
receive free aid, including technical assistance or on-site visits. 
The North Carolina Occupational Safety and Health standards parallel 
federal OSHA standards. North Carolina workplace safety standards may 
be more strict than the federal standards, but they can not be less strict. 
Serious violations of OSHA standards can result in monetary fines. When 
issuing citations for non-conformance with state standards, the division 
provides employers with dates by which the violations must be abated. 
The 1986 General Assembly enacted a law that requires housing provid- 
ed to migrant agricultural laborers to be registered with and inspected by 
the state. 

□ Private Personnel and Job Listing Services: The Private Personnel 
Service Bureau licenses and regulates private personnel and job-listing 
services operating in North Carolina. This regulatory activity was con- 
ducted under a 1929 statute until 1979, when the General Assembly 
enacted a completely new act. With the new law came additional protec- 
tions for job applicants who use personnel and job-listing services that 
charge fees to applicants. 



256 

The law specifies certain contract requirements between an applicant and 
a service and authorizes the department to inspect licensed services upon 
receipt of a formal consumer complaint. All personnel employment and 
job-listing services charging a fee to applicants must be licensed by the 
department. Currently 75 such services in the state are under departmen- 
tal jurisdiction. Services which are solely employer-paid do not have to 
be licensed by the department. 

□ Training Initiatives: The Bureau of Training Initiatives designs and 
implements model employment and training programs. Developed in 
close cooperation with employers and industry specialists, these pro- 
grams serve target populations across many business and industry sectors. 
The initiatives include developing individualized or group models, pilot 
or demonstration programs and developing or field-testing new process- 
es or tools. 

□ Workforce Training and Development: The Bureau of Workforce 
Training and Development implements innovative job training programs 
which provide long-term employability 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. 



Labor-Related Boards and Commissions 

Apprenticeship Council 

North Carolina Board of Boiler and Pressure Vessel Rules 

Mine Safety and Health Advisory Council 

Private Personnel Service Advisory Council 

State Advisory Council on Occupational Safety and Health 



For further information on the N.C. Department of Labor, call: 

1-800-LABOR-NC 

or visit the department's Web site at: 
http://www.dol.state.nc.us/DOL/ 



257 




258 

Harry Eugene Payne, Jr. 

Commissioner of Labor 

Early Years 

Born in Wilmington, New Hanover County, September 1 1, 1952, to Harry E. and 

Margaret G. (Tucker) Payne. 

Educational Background 

Graduated, New Hanover High School, 1970; A.B. in Psychology and Political 
Science, UNC-Chapel Hill, 1974; Juris Doctor, Wake Forest University School of 
Law, 1977. 

Profess ion a/ Background 

Commissioner of Labor, 1993-Present; Lawyer, 1977-92. 

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; First Vice- 
President, National Association of Government Labor Officials. 

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; Member, U.S Department of Labor Advisory 
Council on Construction Safety. 

Honors and Awards 

Distinguished Service Award, 1990, N.C. Public Health Association; Legislator 
of the Year, 1989, N.C. Association of the Deaf; Legislatorof 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 



259 

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. One son, Harry Eugene "Harley" 
Payne III. Lifelong Member, Grace United Methodist Church, Wilmington; 
Member, Avent Ferry United Methodist Church, Raleigh. 



260 

Commissioners of Labor> 

Name Residence Term 

Wesley N. Jones^ Wake 1887-1889 

JohnC. Scarborough-'* Hertford 1889-1892 

William 1. Karris'* 1892-1893 

Benjamin R. Lacy^ Wake 1893-1897 

James Y. Hamrick^ Cleveland 1897-1899 

Benjamin R. Lacy^ Wake 1899-1901 

Henry B. Varner^ Davidson 1901-1909 

Mitchell L. Shipman Henderson 1909-1925 

Franklin D. Grist Caldwell 1925-1933 

Arthur L. Fletcher^ Ashe 1933-1938 

Forest H. Shuford^O Guilford 1938-1954 

Frank Crane" Union 1954-1973 

William C. Creel '2 Wake 1973-1975 

Thomas A. Nye, Jr.' -^ Rowan 1975-1977 

JohnC. Brooks'-* Wake 1977-1993 

Harry E. Payne, Jr.'^ New Hanover 1993-Present 

Notes 

'The General Assembly of 1887 created the Bureau of Labor Statistics. In the 
act establishing this agency, provision was made for gubernatorial appointment of 
a commissioner to a two-year term. In 1 899 the General Assembly passed anoth- 
er act that allowed the General Assembly to elect the ne.xt Commissioner of Labor 
during that session. The legislation also mandated that future commissioners be 
elected in the general elections - beginning in 1900 - for a four-year term. 

"-Jones was appointed by Governor Scales on March 5, 1887, for a two-year 
term. 

■^Scarborough was appointed by Governor Fowle on February 1 5, 1 889, for a 
two-year term. He was apparently re-appointed in 1891 and resigned in 
December, 1892. 

"^Harris was appointed by Governor Holt on December 20, 1892, to replace 
Scarborough. 

-'Lacy was appointed by Governor Carr on March 2, 1893, for a two-year 
term. He was re-appointed on March 13, 1895. 

"Hamrick was appointed by Governor Russell on March 8, 1897 for a two- 
year term. 



261 

'Lacy was elected by the General Assembly on March 6, 1 899. 

^Varner was elected in the general elections of 1900. 

"Fletcher was elected in the general elections of 1932. He resigned effective 
September 12, 1938. 

^^Shuford was appointed by Governor Hoey on September 12, 1938, to 
replace Fletcher. He was elected in the general elections of 1938 and served fol- 
lowing subsequent re-elections until his death on May 19, 1954. 

'^Crane was appointed by Governor Umstead on June 3, 1954, to replace 
Shuford. He was elected in the general elections of 1954. 

l^Creel died August 25, 1975. 

'■^Governor Holshouser appointed Nye to fill Creel's unexpired term. 

'■^Brooks was elected in 1976 and served through 1992. 

^^Payne was elected in 1992 and began serving as commissioner on January 
11, 1993. He was re-elected in 1996. 



262 

Department of Insurance 

North Carolina's General Assembly established the N.C. Department of Insurance 
on March 6, 1899. The department's legal mandate included licensing and regu- 
lating insurance companies operating within the state's borders. Prior to the for- 
mation of the Department of Insurance, the N.C. Department of the Secretary of 
State had the responsibility of regulating the state's insurance industry. 

The General Assembly itself selected the first Commissioner of 
Insurance, James R. Young of Vance County. The General Assembly author- 
ized a referendum to amend the state's constitution in 1907 to provide for the 
election of the Commissioner of Insurance by the vote of the people of North 
Carolina. Since then. Commissioners of Insurance have been elected to four- 
year terms. 

The Department of Insurance regulates the various kinds of insurance sold in 
North Carolina, as well as the companies and agencies that sell these policies. The 
department: 

^ Regulates the formation and operation of insurance companies in North 
Carolina. 

^ Enforces the minimum financial standards required by law for licensing 
and continued operations of insurers. 

^ Regulates the premium rates insurers charge their customers, the lan- 
guage in the insurance policies they issue and their risk classification sys- 
tems. 

Requires that insurers and agents make periodic fmancial disclosures. 

Conducts audits of insurers to monitor their solvency. 

Licenses and regulates agents, brokers and claim adjusters. 

^ Prescribes and defmes what kinds of insurance may be sold in North 
Carolina. 

^ Provides information to insurance consumers about their rights and 
responsibilities under the terms of their policies. 

^ Prohibits unfair and deceptive trade practices by or among people in the 
insurance industry. 

The Department of Insurance also licenses and regulates bail bondsmen, 
motor clubs, premium finance companies and collection agencies. The depart- 
ment provides staff support to the North Carolina State Building Code Council, 
the Manufactured Housing Board, the North Carolina Home Inspectors Licensure 
Board, the State Fire and Rescue Commission, the Public Officers' and 
Employees' Liability Insurance Commission, the Arson Awareness Council and 
the Code Officials Qualifications Board. 



263 

The department provides training for fire and rescue squad workers and cer- 
tification of fire departments for purposes of fire insurance ratings. The 
Department of Insurance is divided into the following entities: 

G Administration Division: This division provides research for the 

Commissioner of Labor when setting policy and goals and priorities for 
the Department of Insurance. The division also administers the depart- 
ment's budget and personnel operations. 

G Public Services Group: This group contains four separate divisions. The 

Agents Services Division regulates and issues licenses for every agent, 
adjuster, broker and appraiser doing business in North Carolina as well as 
nonresident brokers and nonresident life agents, reviews all applications 
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 helps North Carolina consumers get 
answers to their insurance questions and works to solve their insurance 
problems. The division strives to acquaint consumers with alternatives 
and the courses of action they may pursue to solve their insurance prob- 
lems. 

The Special Services Division is responsible for licensing and regulating 
insurance premium finance companies, professional bail bondsmen and 
runners, collection agencies and motor clubs and investigating all com- 
plaints involving these entities. 

The Investigations Division is responsible for investigating violations of 
North Carolina's insurance laws. Requests for investigations come from 
within 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 compa- 
nies 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 ensure the financial solvency and employee 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 for 
financial evaluation work and is involved in special projects and studies. 
The Information Systems Division manages the department's information 



264 

technology resources, including data processing, word processing, office 
automation, data communications and voice communications. 
The Administrative Supervision Division closely monitors the financial 
condition and operations of domestic insurance companies to determine 
whether a troubled entity can be prevented from going into formal delin- 
quency proceedings by returning the insurer to sound fmancial condition 
and good business practices. 

□ Technical Services Group: The Property and Casualty Division reviews 
homeowners, automobile, workers compensation and other personal, 
commercial property or casualty insurance policies, rates and rules. 
The Life and Health Division reviews rate, rule and policy form filings 
made by life and health insurance companies. 

The Market Examinations Division conducts field examinations of the 
market practices of domestic and foreign insurers and their representa- 
tives. 

The Managed Care and Health Benefits Division monitors and regulates 
the activities of health maintenance organizations (HMOs), 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 activi- 
ties of these arrangements affect North Carolina consumers. 
The Seniors' Health Insurance Information Program has trained thou- 
sands of adults in every North Carolina county to counsel other older 
adults in the areas of Medicare regulations. Medicare supplement insur- 
ance, long-term care insurance and claims procedures. 

□ 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. 

LI Safety Services Group: The Engineering Division has primary responsi- 

bility for administering the state building code. This division also serves 
as staff to the North Carolina Building Code Council, the North Carolina 
Code Officials Qualifications Board and the Home Inspectors Licensure 
Board. The division is divided into seven sections: code consultation, elec- 
trical, mechanical, modular, inspector certification, accessibility and code 
council. The division 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. 



265 

The Manufactured Building Division works to ensure that construction 
standards for manufactured homes are maintained and that warranty obli- 
gations under state law are met. This division monitors manufacturers' 
handling of consumer complaints; 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 administers the self- 
insurance fund for state-owned property and vehicles and assists local 
governments with property and casualty insurance programs. The pro- 
gram also provides professional liability coverage for law enforcement 
officers, public officials and employees of any political subdivision of the 
state. The program provides staff, administration and research services to 
the Public Officers and Employees Liability Insurance Commission. 
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 the 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 the North Carolina 
Association of Rescue Squads. 

Insurance-Related Boards and Commissions 

N.C. Building Code Council 

N.C. Code Officials Qualification Board 

N.C. Manufactured Housing Board 

N.C. Home Inspections Licensure Board 

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 more information about the Department of Insurance's services, call 

Consumer Services at: 

(919) 733-2032 

Toll-free: (800) 546-5664 

For specific information on the department's programs for senior citizens, call 
the Seniors Health Insurance Information Program at: 

(800) 443-9354. 

You can also visit the N.C. Department of Insurance Web site at: 
http://www.sips.state.nc.us/DOiy 



266 




267 

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; Graduate, Walter M. Williams High School, 1958; 
North Carolina State University, 1958-62; A.B., University of North Carolina- 
Chapel Hill, 1963; Juris Doctor, University of North Carolina-Chapel Hill School 
of Law, 1966. 

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 and State Fire Marshal, 1985-present. Member, N.C. 
House of Representatives, 1971-73 and 1975; 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; 

Vice President, 1989-90; Executive Committee, 1987-present. 

Organizations 

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). , 



268 

Personal Inforniation 

Married, Mary Margaret 0"Connell. Two children, James E. Long, Jr. and 

Rebecca (Long) McNeal; Seven grandchildren. 



269 

Commissioners of Insurance! 

Name Residence Term 

James R. Young2 Vance 1899-1921 

Stacey W. Wade^ Carteret 1921-1927 

Daniel C. Boney^ Surry 1927-1942 

William P. Hodges^ Martin 1942-1949 

Waldo C. Cheek6 Moore 1949-1953 

Charles F. Gold^ Rutherford 1953-1962 

Edwin S. Lanier^ Orange 1962-1973 

JohnR. Ingram^ Randolph 1973-1985 

James E. Long'^ Alamance 1985-Present 



Notes 

'The General Assembly of 1899 created the Department of Insurance with 
provisions 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.) 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). 

^Young was elected by the General Assembly on March 6, 1899. He was 
appointed by Governor Aycock in 1901 and served following re-appointment in 
1905 until 1908 when he was elected in the general elections. 

■'Wade was elected in the general elections of 1920 and served following re- 
election 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 of 1928 and served follow- 
ing subsequent re-elections 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 of 1944 and served fol- 
lowing re-election 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 of 1950 to complete Hodges' 
unexpired term. He was elected to a full term in 1952 and served until his resig- 
nation effective October 15, 1953. 

-7 

'Gold was appointed by Governor Umstead on November 16, 1953, to 
replace Cheek. He was elected in the general elections of 1954 to complete 



270 

Cheek's unexpired term. He was elected to a full term in 1956 and served fol- 
lowing re-election 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 of 1962 to complete Gold's unexpired 
term. He was elected to a full term in 1964 and served until he declined to run for 
re-election in 1972. 

^Ingram was elected in 1972 and served until 1984. 

^^Long was elected in 1984 and was re-elected in 1988, 1992 and 1996. 



271 

Department of Administration 

The state Department of Administration is often referred to as the "business man- 
ager" of state government. Created in 1957, the department provides numerous 
services for state government agencies. As the state's business manager, the 
department oversees such operations as building construction, purchasing and 
contracting for goods and services, maintaining facilities, managing state vehi- 
cles, policing the State Government Complex, acquiring and disposing of real 
property and operating auxiliary services such as courier mail delivery and the 
sale of state and federal surplus property. The department offers still other ser- 
vices, including public service telecasts provided by the Agency for Public 
Telecommunications. The department assists North Carolina's military veterans 
through the Division of Veterans Affairs. 

In addition to its role as a service provider to other state agencies, the Depart- 
ment of Administration provides staff support to several councils and commis- 
sions which advocate for the special needs of North Carolina's citizens. These 
programs include the Governor's Advocacy Council for Persons with Disabilities, 
the N.C. Human Relations Commission, the N.C. Commission of Indian Affairs, 
the Youth Advocacy and Involvement Office and the N.C. Council for Women. 
All of the advocacy programs have an appointed council supported by a state 
staff. 

The North Carolina Department of Administration was re-established by the 
Executive Organization Act of 1971, to bring more efficient and effective man- 
agement to state government. Prior to the act's enactment, over 300 agencies 
reported directly to the governor. Recognizing the difficulty of providing good 
management under those conditions, state legislators re-created the Department of 
Administration. The act called for the department to "serve as a staff agency to 
the governor and to provide for such ancillary services as other departments of 
state government might need to ensure efficient and effective operations." 

The North Carolina Department of Administration has adopted the following 
mission statement to best reflect its purpose and goals: 

The North Carolina Department of Administration provides leadership to all 
state government agencies for the effective, efficient, economical and equi- 
table delivery of services to the public. The department also provides advo- 
cacy, assistance and services to various segments of the state 's population 
that have been traditionally underserved. (G.S. J 43-48, et. seq.; G.S. 143- 
128, et. seq; and G.S. 143B-336, et. seq.) The mission directs departmental 
efforts toward the accomplishment of the following goals: 

^ To acquire and develop properties and facilities and maintain a safe and suit- 



► 



272 

able work environment. 

^ To develop and maintain an efficient system for the purchase and disposition 
of goods and services to meet the needs of government agencies. 

^ To achieve fair and equitable opportunities and representation for various 
segments of the population that have special needs. 

^ To provide administrative support to independent state government agencies. 

^ To improve public access to the environmental review process. 

^ To provide mcmagement and administrative support to divisions within the 
department to maximize efficiencies. 

^ To coordinate and promote a comprehensive program to elevate the level of 
importance of science, mathematics and technology. 

To provide quality service for citizens, public agencies and cable system affil- 
iates through interactive teleconferencing, media productions and live pro- 
gramming. 

The Department of Administration strives to serve as a role model of state 
government, working to ensure that taxpayers* dollars are used wisely and that 
good management is pervasive. Some activities designed to improve management 
and increase productivity in the department itself and through other state agencies 
include the State Employee Suggestion System, which awards employees a per- 
centage of the money saved through their suggestions. The department's Human 
Resources Management Office offers training to top-level managers in the skills 
they need to make their agencies operate efficiently and effectively. The depart- 
ment is led by the Secretary of Administration, an appointee of the governor. 
There are several officers who report directly to the secretary, including the 
Deputy Secretary for Government Operations, The Deputy Secretary for Internal 
Services and Programs, the General Counsel, the Assistant Secretary and the Pub- 
lic Information Officer. The department includes the following divisions: 

□ Agency for Public Telecommunications: The Agency for Public 

Telecommunications operates public telecommunications facilities and 
provides state agencies with communications services designed to 
enhance public participation in government. The agency operates a tele- 
vision and radio production studio that offers media production, telecon- 
ferencing and public service telecasts, such as OPEN/net. Programs are 



273 

transmitted via cable, satellite and other communications technologies. 

□ Division of Veterans Affairs: The Division of Veterans Affairs assists 
North Carolina military veterans, their dependents and the dependents of 
deceased veterans in obtaining and maintaining those rights and benefits 
to which they are entitled by law. 

□ Office of Fiscal Management: The Office of Fiscal Management 
accounts for all fiscal activity of the department in conformity with the 
requirements of the Office of State Budget and Management, the Office 
of State Controller, the Department of State Auditor and federal funding 
agencies. The office files timely financial reports; invoices user agencies 
for central services; and recommends and administers fiscal policy with- 
in the department. 

G Human Resources Management Office: The Human Resources Man- 

agement Office provides a range of services for the Department of 
Administration, 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 person- 
nel administration in accordance with the requirements of the State Per- 
sonnel Act. The Personnel Division is responsible for employee selection 
and recruitment, position management, training and development, 
employee and management relations and health benefits administration. 

Ul Public Information Office: The Public Information Office helps the 

department enhance its communications 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 
with the public. 

□ State and Local Government Affairs Division: The State and Local Gov- 
ernment Affairs Division works with local governments and their region- 
al organizations. This division manages the Appalachian Regional Com- 
mission grant program, coordinates project reviews required by the state 
and national Environmental Protection Acts, and operates a project noti- 
fication, review and comment system to provide information to state and 
local agencies and the public about projects supported with public flinds. 



□ Motor Fleet Management Division: The Motor Fleet Management Divi- 



274 

sion 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 manages the State's centralized 
fleet of approximately 5,500 vehicles and enforces state policy and regu- 
lations concerning the use of the vehicles. The division also manages the 
State Courier Service. A receipt-supported operation, the State Courier 
Service provides delivery of government mail to state offices in 96 coun- 
ties in North Carolina. 

G Purchase and Contract Division: The Division of Purchase and Contract 

serves as the central purchasing authority for state government and cer- 
tain other entities. Contracts are established for the purchase, lease and 
lease-purchase of goods and services required by state agencies, institu- 
tions, public school districts, community colleges and the university sys- 
tem. Those goods and services currently total nearly $1 .2 billion each fis- 
cal year. 

Local governments, charitable non-profit hospitals, local non-profit com- 
munity sheltered workshops, certain child placement agencies or residen- 
tial child care facilities, volunteer non-protit fire departments and rescue 
squads may also use the services of the Division of Purchase and Con- 
tract. The division operates the Federal Surplus Property program, which 
acquires and donates available federal surplus property to eligible state 
recipients — government agencies, non-protlt educational institutions and 
public health facilities. Operation costs for this program are funded by 
receipts from sales. The division also operates the State Surplus Property 
program. This program sells supplies, materials and equipment owned by 
the state that are surplus, obsolete or unused. 

□ State Construction Office: The State Construction Office is responsible 

for the administration of planning, design and construction of all state 
facilities, including the university 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. 

G State Property Office: The State Property Office is responsible for state 

government's acquisition 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 computerized inventory of land and build- 
ings owned or leased by the State and prepares and maintains floor plans 
for state buildings. 

Ql Governor's Advocacy Council for Persons with Disabilities: The Gov- 



275 

emor's Advocacy Council for Persons with Disabilities pursues appro- 
priate remedies, including legal action, on behalf of disabled citizens who 
feel they have suffered discrimination. 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 per- 
sons with disabilities. 

G 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 coun- 
cil works cooperatively with local women's organizations; develops inno- 
vative projects and policy initiatives; and conducts workshops and train- 
ing to address women's needs. The council administers state and federal 
funds to local non-profit groups serving victims of sexual assault and 
domestic violence. Staff at its Raleigh headquarters and five regional 
offices provide technical assistance to individuals and public/private 
agencies. 

G North Carolina Commission of Indian Affairs: The Commission of 

Indian Affairs advocates for the rights of Native American Indian citi- 
zens. The commission works for the implementation or continuation of 
programs for Native American Indian citizens of North Carolina. The 
commission provides aid and protection for Native American Indians; 
assists Native American Indian communities in social and economic 
development; promotes unity among all Native American Indians; and 
encourages the right of Native American Indians to pursue cultural and 
religious traditions they consider sacred and meaningful. 

G North Carolina Human Relations Commission: The Human Relations 

Commission provides services and programs aimed at improving rela- 
tionships among all citizens of the state, while seeking to ensure equal 
opportunities in the areas of employment, housing, public accommoda- 
tion, recreation, education, justice and governmental services. The com- 
mission 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 participation in community services and leadership 
development. Experiential education opportunities are provided to young 
adults through an internship program. The office provides advocacy for 
individuals in need of child or youth services in the state and makes rec- 



276 

ommendations to the governor, the General Assembly and other policy- 
making groups. 

G Facility Management Division: The Facility Management Division pro- 

vides preventive maintenance and repair services to the State Govern- 
ment Complex and some facilities used by government workers in outly- 
ing areas. Services include construction; renovation; housekeeping; land- 
scaping; steam plant, HVAC and elevator maintenance; pest control; 
parking supervision and lock shop operations. 

□ Management Information Systems Division: The Management Informa- 

tion Systems Division provides a central resource of management con- 
sulting 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 implemen- 
tation guidance, consultation and assistance to the department. 

G State Capitol Police: The State Capitol Police, a law enforcement agency, 

with police powers throughout Raleigh, provides security and property 
protection for state government facilities in the city. The agency protects 
employees, secures state-owned property, assists visitors to state facili- 
ties, investigates crimes committed on state property, and monitors bur- 
glar and fire alarms. 



Administration-Related Boards and Commissions 

Board of Awards 

Board of Public Telecommunications Commissioners 

Board of Trustees of the N.C. Public Employee Deferred Compensation Plan 

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 Jobs for Veterans Committee 

Governor's Management Council 

Juvenile Law Study Commission 

N.C. Alcoholism Research Authority 

N.C. Board of Science and Technology 

N.C. Capital Planning Commission 

N.C. Advisory Council on the Eastern Band of the Cherokee 

N.C. Council for Women 

N.C. Board of Ethics 

N.C. Farmworker Council 



277 

N.C. Fund for Children and Families Commission 
N.C. Human Relations Commission 
N.C. State Commission of Indian Affairs 
N.C. Internship Council 

N.C. Low-Level Radioactive Waste Management Authority 
Martin Luther King, Jr. Commission 
Persian Gulf War Memorial Commission 

Protection and Advocacy for Individuals with Mental Illness Advisory Commit- 
tee 

Public Radio Advisory Committee 
State Building Commission 
State Health Plan Purchasing Alliance Board 
State Youth Council 
State Youth Advisory Council 
Veterans' Affairs Commission 
Veterans' Affairs Commission Advisory Committee 
N.C. State Indian Housing Authority 



For more information about the N.C. Department of Administration, cal 

(919) 733-7232 

You can also visit the department's Web site at: 
http://www.doa.state.nc.us/DOA/ 



278 




Katie G, Dorsett 

Secretary of Administration 

Early Years 

Born in Shaw, Mississippi, July 8, 1932, to 

Willie and Elizabeth Grays. 

#^p(.. Educational Background 

Southern Christian institute, 1949; B.S. in 
Business, Alcorn State University, 1953; 
M.S. in Business Education, Indiana Univer- 
sity, 1955; Ed.D. in Curriculum and Instruction, University of North Carolina at 
Greensboro, 1975. 



Professional Background 

Secretary of the N.C. Department of Administration, 1992-Present; Guilford Coun- 
ty 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, 1 955-87; Business Teacher, 1 953-54, Coahoma Junior College. 

Political Activities 

Secretary of the N.C. Department of Administration, 1992-Present; Member, 

Democratic Party. 

Organizations 

Board of Trustees for Guilford Technical Community College; Board of Directors 
of National Association of Counties; N.C. Association of County Commissioners; 
Greensboro Tourism Authority; Guilford County Board of Health; Greensboro 
National Bank; Member, National Association of Counties; Health Steering Com- 
mittee; Member, League of Women Voters; Life Member, NAACP. 

Boards and Commissions 

Chair, N.C. Public Employees Deferred Compensation Plan; Secretary, Informa- 
tion 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 Fam- 
ilies 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). 



279 

Secretaries of Administration 

Name Residence Term 

Paul A. Johnston' Orange 1957-1960 

David S. Coltrane2 Wake 1960-1961 

Hugh Cannon Wake 1961-1965 

Edward L. Rankin, Jr.^ Wake 1965-1967 

Wayne A. Corpening^ Forsyth 1967-1969 

William L. Turner Wake 1969-1973 

William L. Bondurant^ Forsyth 1973-1974 

Bruce A. Lentz^ Wake 1974-1977 

Joseph W Grimsley Wake 1977-1979 

Jane S. Patterson (acting)^ Wake 1979-1980 

Joseph W. Grimsley8 Wake 1980-1981 

Jane S. Patterson^ Wake 1981-1985 

Grace J. Rohrer'O Orange 1985-1987 

James S. Lofton" Wake 1987-1993 

Katie G. Dorsett'2 Guilford 1993-Present 



Notes 

'Johnston was appointed by Governor Hodges and served until his resigna- 
tion effective August 31, 1960. 

^Coltrane was appointed by Governor Hodges to replace Johnston. He was 
reappointed by Governor Sanford on January 6, 1961, and served until Novem- 
ber, 1961, when he was appointed chair of the Advisory Budget Commission. 

-'Rankin 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. 

-7 

'Patterson served as acting departmental secretary when Grimsley took a 
leave of absence to serve as campaign manager for Governor Hunt. 



280 

^Grimsley resigned effective August 1, 1981, following his appointment as 
secretary for the Department of Natural Resources and Community Development. 

Patterson was appointed by Governor Hunt to replace Grimsley. 

'^Rohrer was appointed by Governor Martin. 

' 'Lofton was appointed by Governor Martin. 

'"-Dorsett was appointed by Governor Hunt. 



281 

Department of Commerce 

When it was established as part of the State Government Reorganization Act of 
1971, the Department of Commerce (DOC) consisted almost entirely of regulato- 
ry agencies and the Employment Security Commission. 

While those responsibilities continue to be a very important part of DOC's 
role in state government, the department over the years has evolved into the 
state's lead agency for economic, community and workforce development. The 
department promotes a wide variety of opportunities to improve the economy of 
the entire Tar Heel State, rural and urban areas alike. Promoting tourism, export- 
ing, film production, community revitalization and industry recruitment are some 
of the activities the department undertakes. Under the leadership of former Sec- 
retary of Commerce E. Norris Tolson, department staff developed this statement 
of the agency's purpose: To improve the economic well-being and quality of life 
for all North Carolinians. The Secretary of Commerce is appointed by the gover- 
nor. A deputy secretary and four assistant secretaries help with the department's 
operations. Department functions directly housed in the Office of the Secretary 
include: 

Q 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. 

G Public Affairs: The Public Affairs Office informs the media and the pub- 

lic about activities within the department and the results of its work 
through press releases, news conferences and responses to direct 
inquiries. 

G North Carolina Economic Development Board: The Economic Devel- 

opment Board is an advisory board responsible for state economic devel- 
opment research, planning and policy recommendations. The governor 
and the General Assembly appoint 36 members to the board, which by 
law includes the lieutenant governor, the Secretary of Commerce, the 
Secretary of State, four legislators appointed by each chamber of the leg- 
islature, representatives of non-profit economic development organiza- 
tions, higher education institutions, county economic development orga- 
nizations and private sector organizations 

Deputy Secretary of Commerce 

The Deputy Secretary directly oversees the following programs for workforce 
development, finance, research and policy and entrepreneurship and technology: 



282 

G Finance Center: The Commerce Finance Center administers a variety of 
economic development financing programs for businesses that want to 
locate or expand operations in the Tar Heel State. Financing programs 
offered are: the Industrial Development Fund, the Basic Building Loan 
Fund, the Community Development Block Grant Program and the Busi- 
ness Energy Loan Fund for economic development projects. The agency 
also administers Industrial Revenue Bonds and the William S. Lee Qual- 
ity Jobs and Business Expansion Act, which provides tax credits to com- 
panies that invest in new jobs, machinery and equipment, research and 
development and worker training. 



G Research and Policy Development: The Research and Policy Division 

maintains data on the state's economy which it provides to industrial 
clients and the public. The division houses Commerce's information sys- 
tems, staffs the Economic Development Board, provides research and 
policy studies and provides support to business development divisions. 

G Entrepreneurial and Technology Development: The Entrepreneurial and 

Technology Development staff develops and implements initiatives to 
help small businesses and entrepreneurs adopt new technologies neces- 
sary to compete in the international marketplace. This division assists the 
high-tech/biotech entrepreneurial firms in North Carolina to secure non- 
traditional financing, seasoned management and advertising. This divi- 
sion also staffs the North Carolina Alliance for Competitive Technolo- 
gies, the organization responsible for developing strategy in technology 
development and coordinating state-supported technology transfer activ- 
ities. 

Ql Workforce Development: The Workforce Development Division helps 

the state's new and existing industries to find well-prepared employees. 
In addition, the division works with the community college system, the 
university system, public schools and the employment security commis- 
sion to prepare North Carolina's workers for the workplace. The Work- 
force Development Division encompasses three sections. 
The Workforce Preparedness Section develops and recommends policies 
to improve workforce preparedness programs in the state. The JobReady 
Program, designed to build local partnerships with businesses, schools 
and families to educate students on career opportunities and requirements 
is operated by the section. The JobReady Program includes apprentice- 
ships and internships to prepare students for the career of their choice. 
The Workforce Preparedness section oversees the state's 25 One- Stop 



283 

Career Centers. The centers bring together a variety of state and local 
agencies in one location to provide job-seekers with job information, 
including job listings, social services and job training opportunities, in a 
convenient, customer-friendly format. 

The goal of the Department of Commerce's part of the Work First initia- 
tive is to increase business involvement in moving welfare recipients into 
jobs. This section manages and staffs the Business Involvement Coun- 
cil, an outreach organization designed to connect businesses that need 
workers with qualified Work First participants. The state's Work First 
Program is administered by the Department of Health and Human Ser- 
vices. 

The Employment and Training Division administers worker training pro- 
grams for unemployed and displaced workers and provides summer job 
opportunities for low-income youth. The division administers $25 million 
in federal funds for the state's Welfare to Work Program and helps staff 
the Rapid Response Team, a team of state and local representatives sent 
to meet with companies that have announced closings or layoffs. The 
team meets with company officials and workers and informs them of 
available services, such as on-the-job or institutional retraining programs; 
counseling, job development and placement; and financial assistance 
such as emergency aid and relocation assistance. 

Community Development Divisions 

□ Energy Division: The Energy Division is North Carolina's official source 
for energy planning and management, energy information and energy 
technical assistance. The Energy Division provides the governor and the 
Energy Policy Council with support and recommendations on energy pol- 
icy and legislation. The division's key responsibilities include promoting 
renewable energy and energy efficiency in every sector of the economy, 
preparing energy forecasts and developing and updating North Carolina's 
energy emergency plans. 

□ Division of Community Assistance: The Division of Community Assis- 
tance assists local governments across the state through economic devel- 
opment, community development, growth management and downtown 
revitalization. DCA has three major components: the North Carolina 
Main Street Program, the Community Development Block Grant 
(CDBG) Program and local government services. 

The North Carolina Main Street Program was developed in 1980. Cities 
are selected every other year to join the 42 communities in the Main 
Street network. This program helps cities maintain a thriving downtown 
through a four-part self-help process involving organization, promotion, 



284 

design and economic restructuring. Participating communities have seen 
more than $420 million in new investment and experienced a net gain of 
7, 100 jobs in their downtowns. 

The Community Development Block Grant Program is a federally- fund- 
ed program that assists local governments with community and econom- 
ic development projects that primarily benefit low- and moderate-income 
people. Grants are awarded on merit in the following categories: commu- 
nity revitalization (improving existing neighbors, homes and 
water/wastewater lines), economic development (attracting and maintain- 
ing industry), community empowerment (helping people become self- 
sufficient), infrastructure (repairing/adding sewer or water lines), housing 
development and urgent needs. 

The Division of Community Assistance has seven regional offices with 
staff planners to assist local governments with their planning and man- 
agement needs. Services include strategic planning for economic and 
community development, downtown revitalization planning, growth 
management, group facilitation and program planning for boards and 
commissions. These services are free; however, local governments are 
asked to reimburse the division for travel and supply costs. 

□ Minority Development Initiative: This new initiative will work to ensure 

that minority populations are served by the Commerce Department's eco- 
nomic and community development activities that promote ownership, 
investment opportunities, job creation and improvement in the quality of 
life. This initiative will provide support and recommendations on 
untapped business opportunities in low-income communities with large 
minority concentrations. Key targets for the initiative include increasing 
the number of minority-owned businesses, increasing minority involve- 
ment with international trade and other department functions and promo- 
tion of ethnic culture to enhance the state's economic competitiveness. 

Economic Development Divisions 

G Business and Industry Development Division: The Business and Indus- 

try Development Division leads North Carolina's business and industrial 
recruitment eflForts. 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 ser- 
vice and equal access to companies throughout the state. The Department 
of Commerce has regional offices in Asheville, Bryson City, Lenoir, 
Charlotte, Greensboro, Raleigh, Fayetteville, Edenton and Greenville. 



285 

The Business/Industry Development Division also is responsible for 
recruiting foreign-owned firms to North Carolina and operates offices in 
Dusseldorf, Hong Kong, London and Tokyo. 

□ International Trade Division: The International Trade Division is 
responsible for the state's foreign trade activities. 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 manages the overseas state 
offices in Mexico City, London, Dusseldorf, Hong Kong and Tokyo. A 
new office in Toronto is scheduled to open in 1998. The division operates 
the North Carolina Furniture Export Office in High Point. 

The International Trade Division is partnered with the Japanese External 
Trade Organization, a non-profit government relations agency chartered 
in 1958. JETRO's mission is to support trade between Japan and other 
countries. JETRO promotes imports into Japan and industrial cooperation 
between Japan and other nations, as well as trade and industry in devel- 
oping nations and international exchange. A veteran trade expert from 
JETRO is on the department's staff to promote North Carolina exports to 
Japan. This specialist also introduces Japanese business techniques to 
help North Carolina businesses successfully import their products to 
Japan. 

G Tourism, Film and Sports Development: The Division of Tourism, Film 

and Sports Development undertakes a broad range of marketing activities 
and cooperates with local and regional development agencies to attract 
individuals, groups, conferences and athletic events, as well as film and 
television production projects to North Carolina. 

Q North Carolina Partnerships for Economic Development: The counties 

of North Carolina have been organized into seven regional partnerships 
for economic development. North Carolina's regional partnerships enable 
regions to compete effectively for new investment and to devise effective 
economic development strategies based on regional opportunities and 
advantages. There are seven regional partnership offices operating 
throughout the state. The Commerce Department oversees the partner- 
ships. Regional offices are located in Asheville, Charlotte, Greensboro, 
Wake County, Elizabethtown, Kinston and Hertford. 

State Information Procession Services Division 

□ State Information Processing Services: State Information Processing 
Services offers technology products and services directly to other state 



286 

agencies and county and local governments. SIPS is responsible for the 
distribution of technology to state government agencies and provides a 
full range of computing and telecommunications services on a central- 
ized, cost-shared basis. These services include telecommunications ser- 
vices, mainframe and client/server computing services, management of 
local and wide-area networks, system design and implementation assis- 
tance, applications development and support and support services in 
office automation and personal computers 

□ Information Resource Management: The Information Resource Man- 
agement Division provides state-level leadership in managing informa- 
tion technology and telecommunications resources, including staff assis- 
tance to the Information Resource Management Commission as it formu- 
lates state-level information technology strategies, plans, policies and 
procedures. Working with state agencies, federal and local governments, 
private citizens and private sector businesses, the division helps imple- 
ment new technologies consistent with the directions of the Information 
Resource Management Commission. 

□ Year 2000 Project: The Year 2000 project is working to prevent an 
impact on state government and its constituents resulting from the Year 
2000 problem. The Year 2000 problem is a universal problem involving 
computer codes that are incapable of comprehending dates beyond 1999. 
Cost-effective approaches are being used to correct the date calculations 
and storage formats in state government computer systems. 

Assistant Secretary for Administration 

The Assistant Secretary for Administration manages all fiscal, personnel, 
information services and executive aircraft operations for the department. The 
assistant secretary also directs several regulatory agencies and is the department's 
liaison with the State Ports Authority. The secretary manages the following units: 

□ Alcoholic Beverage Control Commission: The Alcoholic Beverage 
Control Commission is responsible for controlling all aspects of the sale 
and distribution of alcoholic beverages in North Carolina. North Caroli- 
na's system is unique among the 50 states because 1 56 county and munic- 
ipal 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. 

G Banking Commission: The Banking Commission regulates and super- 

vises the activities of banks and their branches chartered under North Car- 



287 

olina law. This commission is responsible for the safe conduct of busi- 
ness; maintenance of public confidence; and the protection of the banks' 
depositors, debtors, creditors and shareholders. Commission staff con- 
ducts examinations of all state-chartered banks and consumer finance 
licensees; processes applications 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 anticipation lenders and reverse mort- 
gage lenders. 

□ 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 and individual pre- 
need cemetery sales people. 

G Credit Union Division: The Credit Union Division supervises and regu- 

lates the operations of 142 state-chartered credit unions serving over 
829,000 members. Its staff conducts annual examinations of all credit 
unions to ensure their safety and soundness. 

G Industrial Commission: The Industrial Commission administers the 

Workers' Compensation Act; the State Tort Claims Act; the Law Enforce- 
ment Officers', Firemen's and Rescue Squad Workers' Death Benefit 
Act; and the Childhood Vaccine-Related Injury Compensation Program. 

G Rural Electrification Authority: The Rural Electrification Authority 

(REA) oversees the state's electric membership corporations and tele- 
phone membership corporations to see that they apply their rules and reg- 
ulations on a non-discriminatory basis. The REA also acts as ombudsman 
for member complaints and as the liaison between the membership cor- 
porations and the U.S. Rural Electrification Administration for federal 
loans. All loan applications must be approved by the state REA before 
they will be considered by the federal agency. 

□ Savings Institutions Division: The Savings Institutions Division regu- 
lates and supervises savings and loan associations and savings banks 
chartered under North Carolina law. It charters, supervises and examines 
all such institutions and processes applications for new charters, charter 
changes, new branches, branch relocations, mergers and acquisitions. 



288 

□ 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 
carriers, 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 Util- 
ities Commission and the appellate courts as an advocate of the consum- 
ing public. 

Q Employment Security Commission: The North Carolina Employment 

Security Commission (ESC) administers the state's employment service 
and unemployment insurance programs. It also gathers labor market 
information. 

The Employment Service provides job placement services — interview- 
ing, 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 entitle- 
ment to benefits and makes payments to eligible claimants. 
Labor Market Information compiles data on employment and unemploy- 
ment regarding wages and projected occupational needs. The information 
is used primarily by government officials and employers. 
To reach ESC call (919) 733-7546. 

□ Human Resources: The Commerce Department's Human Resources 
Office manages all human resources functions for the department includ- 
ing hirings, dismissals and resignations. This office plays a major role in 
developing policies governing Department of Commerce employees and 
in counseling employees on personal or career-related issues. In addition, 
the Human Resources Office administers the department's Equal Employ- 
ment Opportunity and Affirmative Action programs. 

□ Fiscal Management: Tlie Commerce Fiscal Management Office is responsi- 
ble for all accounting and budgeting within the Commerce Department. Fiscal 
Management representatives attend budgetary hearings during General Assem- 
bly sessions which detemiine the size and structure of the department budget. 

G Executive Air Operations: The Executive Aircraft Division transports 



289 

industry clients and state officials with a fleet of two planes and two heli- 
copters. 

G State Ports Authority: North Carolina operates state ports at Wilmington 

and Morehead City. It leases a small harbor at Southport as well as space 
in Charlotte and Greensboro for intermodal terminals. Ships from around 
the world deliver and pick up goods at the two deep-water seaports. 
Under the direction of the State Ports Authority Board of Directors, of 
which the Secretary of Commerce is an ex-officio member, the Ports 
Authority staff promotes the use of the ports, oversees construction at the 
ports and operates ports services. 

□ Wanchese Seafood Industrial Park: Wanchese Seafood Industrial Park, 

located in Dare County, was established during the early 1980s by feder- 
al and state grants. The state leases sites in the park to companies whose 
products are seafood or marine-related. Today, the park is a self-support- 
ing operation composed of small seafood and marine industry, including 
seafood processing plants, boat builders and fishing suppliers. 



Commerce-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 more information about the Department of Commerce, call: 

(919) 733-7651 

or visit the department's Web site at: 
http://www.commerce.state.nc.us/ 



290 



For more information about the Employment Security Commission, cal 

(919) 733-7546 

or visit the commission's Web site at: 
http://www.esc.state.nc.us/ 



291 



Rick Carlisle 

Secretary of Commerce 

Early Years 

Native of North Carolina. 



Educational Background 
B.A. in Economics, Duke University; Master 
of Regional Planning, University of North 
Carolina at Chapel Hill; Graduate, Govern- 
ment Executives Institute, UNC-Chapel Hill 
School of Business. 




Military Background 

Vietnamese Linguist, U.S. Air Force, 1969-1973. 

Professional Background 

Consultant; Vice-President, North Carolina Rural Economic Development Cen- 
ter; Economic Policy Advisor, Office of the Governor; Deputy Secretary, Depart- 
ment of Commerce; Acting Secretary of Commerce, 1998-Present. 

Boards and Commissions 

Director, Housing and Community Development, National Association of Hous- 
ing and Redevelopment Officials; Member, Board of Directors, N.C. Downtown 
Development Association. 



Personal Information 
Resident of Chapel Hill. 



292 

Secretaries of Commerce • 

Name Residence Term 

George Irving Aldridge^ Wake 1972-1973 

Tenney I. Deane, Jr.^ Wake 1973-1974 

WinfieldS. Harvey* Wake 1973-1976 

Donald R. Season^ Wake 1976-1977 

Duncan M. Faircloth^ Wake 1977-1983 

C.C. Hope Mecklenburg 1983-1985 

Howard Haworth^ Guilford 1985-1987 

Claude E. Pope^ Wake 1987-1989 

James T. Broyhill'^ Caldwell 1989-1990 

EsteilC. Lee'O New Hanover 1990-1993 

S. Davis Phillips' > Guilford 1993-1997 

E. NorrisTolson'2 Edgecombe 1997-1998 

Rick Carlisle'-^ Orange 1998-Present 

'The Executive Organization Act of 1971 created the "Department of Com- 
merce," with provisions for a ''Secretary" appointed by the Governor. The Depart- 
ment of Commerce was reorganized and renamed by legislative action of the 1 989 
General Assembly. 

"Aldridge was appointed by Governor Scott. 

■^Deane was appointed on January 5, 1973, by Governor Holshouser to 
replace Aldridge. He resigned in November, 1973. 

"^Harvey was appointed on December 3, 1973, by Governor Holshouser to 
replace Deane. 

^Beason was appointed on July 1, 1976, by Governor Holshouser to replace 
Harvey. 

"Faircloth was appointed on January 10, 1977, to replace Season. 

'Haworth was appointed January 5, 1985, to replace Hope. 

°Pope was appointed by Governor Martin to replace Haworth. 

"Broyhill was appointed by Governor Martin to replace Pope. 

'^Lee was appointed by Governor Martin April 1, 1990 to replace Broyhill. 

'' Phillips was appointed by Governor Hunt January 11,1 993, to replace Lee. 

'^Gov. Hunt appointed Tolson on January 17, 1997, to replace Phillips. 

' -^Gov. Hunt appointed Carlisle secretary on January 1 7, 1998, to replace Tolson. 



293 

Department of Correction 

The Department of Correction is responsible for the care, custody and supervision 
of all individuals sentenced after conviction of a felony or serious misdemeanor 
in North Carolina. Sentences range from probationary terms served in the com- 
munity to active prison sentences served in one of the state's 100-plus prison 
facilities. 

North Carolina's General Statutes direct the department to provide adequate 
custodial care, educational opportunities and medical and psychological treatment 
services to all incarcerated persons while at the same time providing community- 
based supervision and some needed social services to clients on probation or after 
parole. 

The Department of Correction was established in 1972 by authority of the 
Executive Reorganization Act of 1971 as the Department of Social Rehabilitation 
and Control. The act provided for merging the Parole Commission and the Advi- 
sory Board of Correction to form a new department made up of the Divisions of 
Prisons; Adult Probation and Parole; and Youth Development. 

The secretary of the department is appointed by the Governor and serves at 
his pleasure. The secretary is responsible for the supervision and administration 
of all department functions except that of the Parole Commission, which has sole 
authority to release incarcerated offenders prior to the expiration of their sentence. 

In July, 1974, the Department was renamed the Department of Correction, the 
Parole Commission was expanded from three to five members and further con- 
solidation of responsibilities and functions occurred. In 1975, the Division of 
Youth Development was transferred administratively to the Department of 
Human Resources, leaving the Department of Correction its current administra- 
tive configuration. 

The history of corrections in North Carolina reflects the continued develop- 
ment and refinement of the prison, probation and parole segments of the depart- 
ment. 

The Division of Prisons was organized in the late 1 860s and early 1 870s with 
the opening of a large prison farm in Wake County and the construction of Central 
Prison in Raleigh. This was a result of the "Reconstruction Constitution" of North 
Carolina which was accepted by the United States Congress in 1868. In 1899, 
Caledonia Prison Farm was purchased from Halifax County. This arrangement 
continued until 1933 when the General Assembly transferred supervision of the 
three state prisons and the various county prisons to the State Highway and Public 
Works Commission. This merger of the highway and prison systems was motivat- 
ed by the steadily worsening economic and social conditions caused by the Depres- 
sion. Under this arrangement, prisons were supported by appropriations from the 
Highway Fund while prisoners were extensively employed on road work. 



294 

The Division of Prisons remained under total administrative control of the 
Highway and Public Works Commission until 1955 when the director of prisons 
was granted the ability to set divisional rules, regulations and policies to include 
the hiring, promotion and dismissal of employees. At the same time, the General 
Assembly formed the Prison Reorganization Commission to study the relation- 
ship between prisons and the highway system. The commission recommended 
that a separate prison department be formed and legislation was enacted fonning 
the Prison Department in 1957. 

Also in 1957, landmark legislation was enacted authorizing a statewide sys- 
tem of work release. North Carolina thus became the first state prison system in 
the nation to allow inmates to work at private employment during the day and 
return to confinement in the evening. Today, North Carolina has the nation's 
largest work release population with approximately 1,000 individuals employed. 

The Prison Department remained a separate entity under the Prison Commis- 
sion 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 certain juveniles under the supervision of 
female officers. In 1937, legislation was enacted forming the Probation Commis- 
sion to supervise a statewide network of male and female offenders reporting to 
probation officers. In 1972, the commission was disbanded when the Division of 
Adult Probation and Parole was formed within the newly-created department. At 
first, probation officers retained a strictly probation supervision caseload; but by 
mid- 1974 they were carrying parole caseloads as well. Currently, probation and 
parole officers assigned to field services (probation) primarily carry probation 
caseloads but also supervise cases that are dual (prisoners who are on both pro- 
bation and parole simultaneously). 

Parole began as a system of pardons and commutations granted by the Gov- 
ernor 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 parole recom- 
mendations to the Governor. This board was reduced to the Commissioner of Par- 
dons in 1925, the Officer of Executive Counsel in 1929 and the Commissioner of 
Paroles in 1935. It was this 1935 legislation that created the position of parole 
officers under the supervision of the commissioner. 

The 1953 session of the General Assembly abolished the Office of Commis- 
sioner and established a Board of Paroles consisting of three members. At the 
same time, a constitutional amendment was approved in the 1 954 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 



295 

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 to release on parole. Today with the exception of dual cases (persons 
on both probation and parole), Parole Services (previously Pre-Release and After- 
care) handles the investigation and supervision for all paroles generated 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 operat- 
ing and maintaining prisons; supervising probationers and parolees; and provid- 
ing certain rehabilitative and educational programs to individuals supervised by 
the department. The department is divided into three major administrative sec- 
tions: the Office of the Secretary, the Divisions of Prisons, and the Division of 
Adult Probation and Parole. The Secretary of Correction and his immediate 
administrative staff are responsible for the major planning, fiscal, personnel and 
records-keeping functions of the department: 

Q Planning: The planning functions include policy development, federal grant 
development and administration, liaison with the General Assembly, com- 
missions and councils of government, and other state agencies. 

Q Grants: The Grants Section provides for the budgeting and management 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 adminis- 
tration, regular and grant accounting, work release and Inmate Trust Fund 
accounting, as well as internal auditing procedures. 

G Personnel: The Personnel Section is responsible for normal personnel func- 
tions including payroll, maintenance of employee records, and other matters 
associated with personnel management. It also includes the development of 
staff positions, the posting of position vacancies, and the actual hiring of new 
staff. 

G Staff Development and Training. This section administers and provides 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 



296 

records, including conviction data, sentence information and individual 
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 manage- 
ment. 

G 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. 

G 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 responsibility 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 sentence. This commission also advises the governor con- 
cerning potential commutations and/or pardons. 

Division of Prisons 

The Division of Prisons is charged with the direct care and supervision of 
inmates. Currently, the division operates 88 prison institutions and units, treat- 
ment facilities for women and has other institutions under construction. 

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 regulations and the perceived 
potential for escape. Incarceration options include: 

□ McLximum 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 pro- 
grams are available to inmates in close custody. 

Q Medium custody: Units have all programs and activities operating within the unit 
under the supervision of armed personnel, except for certain work assignments. 
Programs include academic and vocational education, substance abuse treatment, 
psychological and other counseling programs and varied work assignments. 



297 



□ Minimum custody: These 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 who 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. Sever- 
al of the minimum security 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. 

Minimum custody programs aimed at helping inmates begin the transition to 
life outside prison include education and drug treatment programs. Study 
release inmates attend classes on the campus of selected universities, colleges 
or community and technical colleges. Minimum custody inmates are also 
allowed to participate in the Community Volunteer and Home Leave pro- 
grams. Screened and selected volunteers are allowed to sponsor inmates for 
three-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 to rebuild family ties and to plan for the future prior to release. 
Normally, this program 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 1 8-20 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 counsel- 
ing 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. Signifi- 
cant advances have been made in the provision of educational services for 
youth inmates who are emotionally disturbed, mentally retarded, medically 
handicapped, deaf or have specific learning disabilities. This education pro- 
gram making use of state and federal resources is one of the few prison pro- 
grams in the country attempting to provide full and appropriate educational 
services to incarcerated youth. 

A wide range of vocational education programs are offered to adult prisoners. 
Using a combination of resources, including various CETA programs, the Depart- 
ment of Correction, in conjunction with the Department of Community Colleges, 
offers welding, carpentry, brick masonry, auto mechanics and other programs 
designed to permit inmates to gain and hold steady employment after release. 



298 

Division of Adult Probation and Parole 

The Division of Adult Probation and Parole is responsible for the communi- 
ty supervision of 109,000 parolees and probationers. Most of these individuals 
have been sentenced by the court to probated sentences and are supervised by 
divisional officers who offer counseling and job development services. Pre-trial 
and pre-sentence 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 responsible for 
supplying information to the commission regarding home and job placements, 
necessary specialized programming and any other community-oriented services 
that a potential parolee may need and from which he or she might benefit. 

The Mutual Agreement Parole (MAP) Program involves a binding contractu- 
al agreement between the inmate, the two divisions and the Parole Commission. 
The agreement, oriented around a specified release date, allows inmates to par- 
ticipate in long-range vocational training with the knowledge that they will be 
released on a given date. Inmates agree to participate in the training, to maintain 
an infraction- and escape-free record and to participate in any other Parole Com- 
mission-suggested rehabilitative program such as alcohol abuse treatment. In 
return, the Division of Prisons agrees to offer vocational training and specialized 
programming and the Parole Commission agrees to release inmates on the 
requested date. This contractual period, often 12 to 18 months, allows all parties 
to make specific plans while allowing inmates to learn a solid, marketable voca- 
tion tied to a specific release date. Release planning is made more specific, allow- 
ing the Parole Commission and Division of Adult Probation and Parole to offer 
more specialized pre-release programming to inmates selected for the MAP pro- 
gram. 



Correction-Related Boards and Commissions 

Board of Correction 

Grievance Resolution Board 

Parole Commission 

Substance Abuse Advisory Council 

Advisory Committee on Religious Ministry in Prisons 

For more information on the Department of Correction, cal 

(919) 733-4926 

or visit the department's Web site at: 
http://www.doc.state.nc.us/ 



299 




R. Mack Jarvis, Jr. 

Secretary of Correction 

Educational Background 

Graduated, Lenoir High School, 1956; 

Attended Clevenger College and N.C. State 

University 

Professional Background 
Secretary of Correction, 1997-Present; Sec- 
retary Jarvis began his correctional career as 

an office at the Caldwell Correctional Center in Hudson in 1959. He has held 
numerous positions in the department during the past 38 years including: super- 
intendent of Avery, Watauga, Stokes, Western and Piedmont correctional centers; 
program director for the Western Area Office; area administrator; deputy secre- 
tary, 1993-1997. Secretary Jarvis is the first Secretary of Correction in North Car- 
olina history to have started his career as a correctional officer. 

Organizations 

President, State Employees Association, 1981-83. 

Honors and Awards 

Former Secretary of Correction James C. Woodard named Jarvis as the depart- 
ment's top administrator in 1983. 



Personal hiformation 

Secretary Jarvis and his wife, Janet, have two children and six grandchildren. 



300 

Secretaries of Correctioni 

Name Residence Term 

George W. RandalP Wake 1972 

Ralph D. Edwards^ Wake 1972-1973 

David L. Jones'^ Cumberland 1973-1977 

Amos E. Reed5 Wake 1977-1981 

James C. Woodard^ Johnston 1981-1985 

Aaron J. Johnson^ Cumberland 1985-1992 

V. LeeBounds^ 1992-1993 

Franklin E. Freeman, Jr.'^ Wake 1993-1997 

R. Mack Jarvis'O 1997-Present 

Notes 

'The Executive Organization Act of 1971 created the "Department of Social 
Rehabilitation and Control" with provision for a ''Secretary" appointed by the 
governor. In 1974, the name was changed to the Department of Correction. 

"Randall was appointed by Governor Scott and served until his death on 
December 4, 1972. 

■^Edwards was appointed by Governor Scott to replace Randall. 

"^Jones was appointed on January 5, 1973, by Governor Holshouserto replace 
Edwards. 

-^Reed 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. 

^Freeman was appointed on January 15, 1993, by Governor Hunt. 

'^Jarvis was appointed on January 17, 1997, by Governor Hunt after Secre- 
tary Freeman was promoted to chief of staff for the governor. 



301 

Department of Crime Control and Public Safety 

The 1977 General Assembly passed legislation to restructure and rename the 
Department of Military and Veterans Affairs as the Department of Crime Control 
and Public Safety. The department was created April 1, 1977, by transferring law 
enforcement and public safety agencies from the Department of Military and Vet- 
erans Affairs, the State Department of Transportation, the Department of Com- 
merce and the Department of Natural Resources and Community Development. 

The duties of this department are to provide law enforcement and emergency 
services to protect against crime and against natural and man-made disasters; to 
serve as the state's chief coordinating agency to control crime and protect the pub- 
lic; to assist local law enforcement and public safety agencies; and to work for a 
more effective and efficient criminal justice system. In addition, the department 
coordinates the state's response to any emergency that requires the response of 
more than one sub-unit of state government. In 1980, the department was given 
the authority to direct the allocation of any or all available state resources from 
any state agency to respond to an emergency. 

The department is made up of the Office of the Secretary; four commissions: 
the Governor's Crime Commission, the Governor's Advisory Commission on 
Military Affairs, the State Emergency Response Commission and the Crime Vic- 
tims Compensation Commission; nine divisions: Alcohol Law Enforcement, But- 
ner Public Safety, Civil Air Patrol, Crime Prevention, Emergency Management, 
Governor's Crime Commission, N.C. National Guard, State Highway Patrol and 
Victim and Justice Services; and the Law Enforcement Support Services Section: 

Q Alcohol Law Enforcement Division: As a result of legislation in 1977, 

the Enforcement Division of the State Board of Alcoholic Beverage Con- 
trol (ABC) was transferred from the Department of Commerce to the 
newly-formed Department of Crime Control and Public Safety. The pri- 
mary responsibility of the Alcohol Law Enforcement Division (ALE) is 
to enforce the state's Alcoholic Beverage Control laws. 
Agents provide licensed outlets with the latest information on ABC laws 
and regulations, inspect premises and examine books and records. They 
prepare criminal and regulatory cases; present evidence in court and 
administrative 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 
investigatory 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 



302 

organizations; 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 investi- 
gation, alcoholic beverage control laws, firearms and vehicle operations. 
This division is commanded by a director, headquarters staff, field super- 
visors and their assistants. For administrative purposes, the field organi- 
zation is divided into twelve districts, each with a headquarters office 
readily accessible to the public. 

Ql Biitner 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. Camp 
Butner was purchased from the federal government 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 But- 
ner 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 keeping with the growth and development of the town of Butner, facil- 
ities 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 
captains, with master fire officers and master police officers as support 
staff. Including the investigative, support, communications and logistics 
sections, Butner's total force is 49. 

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. 



303 

□ 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 was transferred to the Department of Military and Veterans 
Affairs in 1971. In 1977, it was transferred from the Department of Mil- 
itary 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 budget. The Civil Air Patrol fulfills three primary functions: 

^ 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 dur- 
ing emergencies. 

^ Aerospace Education and Training: Aerospace Education and 

Training is designed to inform the public about aerospace activi- 
ties. The CAP supports aerospace education workshops for teach- 
ers at colleges and universities throughout the United States. 
These programs prepare teachers to teach aerospace education 
courses in their schools or to use the information to enrich tradi- 
tional classroom subjects. Scholarships are awarded to deserving 
cadets and senior members for study in engineering, the human- 
ities, 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 leader- 
ship and education. The program teaches cadets aviation, search 
and rescue, individual and group discipline and personal devel- 
opment, giving them the opportunity to serve themselves and 
their communities, state, nation and all humanity to the fullest 
extent of their capabilities. 



304 



G Crime Prevention Division: In 1979, the Crime Prevention Division was 

created to motivate citizens in every home and community to join active- 
ly in the fight against crime. Staff and funding were drawn from the Gov- 
ernor's Crime Commission Division and from other divisions of the 
department. 

The Crime Prevention Division's mission is to assist local law enforce- 
ment agencies and other groups to get citizens involved in crime preven- 
tion activities. These activities are designed to reduce not only the inci- 
dence 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 programs. 

Crime Prevention programs promoted or coordinated by this division 
include: Think Smart, Youth Awards Programs, Public Housing, Com- 
munity Watch, Ham Watch, Crime Stoppers, Crimes Against Business, 
Crimes Against Older Adults, Crimes Against Women, Domestic Vio- 
lence, 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. 

G Emergency Management Division: The evolution of emergency man- 

agement in North Carolina began with passage of the Emergency Man- 
agement 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 expo- 
sure of people and property to extremely high-risk situations due to our 
technological advancement, the need for a central coordinating agency to 
preserve and protect the citizens of North Carolina from all types of dis- 
asters, 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 Man- 
agement coordinates response and relief activities in the event of a major 
emergency or disaster using a four-phase approach to emergency situa- 
tions: preparedness, 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 



305 

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, fed- 
eral and private resources. By providing support to local governments 
through response efforts, planning and training, the Division of Emer- 
gency Management carries out its theme of cooperation, coordination, 
and unity. 

□ 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 miss- 
ing persons. Trained staff members provide technical assistance and train- 
ing to citizens, law enforcement officials, school personnel and human 
services professionals. The center's staff gives assistance 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 missing 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 Sec- 
retary 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 citi- 
zens. 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 Commis- 
sion has served in a leadership role in criminal justice planning, issue 
analysis, program development and coordination. The Crime Commis- 
sion has been a force behind many successful statewide programs such as 
driving-while-impaired legislation, community service restitution, crime 
prevention and community watch, rape victim assistance, victim com- 
pensation and sentencing reform. 

This commission currently oversees crime-related federal grant programs 
for the state. These programs include the Juvenile Justice and Delinquen- 



306 

cy 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. The Governor's Crime Commis- 
sion Division serves as staff to the 40-member Governor's Crime Com- 
mission. 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 crime-related federal grant programs for the state. 

G Highway Patrol Division: In 1929, the General Assembly of North Car- 

olina created the State Highway Patrol. Chapter 218 of the Public Laws 
of 1929 provides: 

"That the State Highway Commission of North Carolina is hereby autho- 
rized and directed to create under its control and supervision a division 
of the State Highway Patrol, consisting of one Captain with headquarters 
in the State Highway Building at Raleigh, and one Lieutenant and three 
patrolmen in each of the nine State Highway Division Districts of the 
State. " 

The Highway Patrol was given statutory responsibility to patrol the high- 
ways of the state, enforce the motor vehicle laws and assist the motoring 
public. The State Highway Commission appointed a captain as com- 
manding officer of the State Highway Patrol and nine lieutenants. These 
ten men were sent to Harrisburg, Pa., 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 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 orig- 
inal 400 applicants who applied for admission to the patrol, 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. 

On July 1, 1929, 37 members of the patrol took their oaths of office in the 
hall of the House of Representatives in the North Carolina Capitol. From 
this original authorized strength of 37, the State Highway Patrol's mem- 
bership has increased, reflecting growth in the state's population, inter- 



307 



state and state highways, and registered vehicles and licensed drivers. 
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 , 1 94 1 , 
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 Transporta- 
tion. In 1977, the patrol was transferred from the Department of Trans- 
portation 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 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 sup- 
port for civil disturbances, nuclear accidents, chemical spills and natural 
disasters. The patrol also provides security for the governor and his fam- 

iiy- 

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 no permanent training site 
until 1946, when classes were held at the Institute of Government at the 
University of North Carolina at Chapel Hill. When the Patrol outgrew 
that site, several locations throughout the state were considered as possi- 
ble training sites and the Governor Morehead School for the Blind locat- 
ed at 33 1 8 Garner Road in Raleigh was selected. 

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 
center in memory of the troopers killed in the line of duty. After a fund- 
raising campaign to pay for its construction, on May 18, 1986, Governor 
James G. Martin accepted the memorial on behalf of the state during ded- 
ication ceremonies. The inscription on the monument was written by 
Latish Williams, an employee of the Patrol Headquarters staff: 

In memory of those who lost their lives in the line of duty, we hope you 
see their faces and hearts in this stone of beauty. In dedication and honor 
to those who die throughout the years, we stand before this memorial and 
hold back the tears. Over the years, we lost brave troopers who were our 



308 

comrades and friends. We dedicate this monument in their honor blow- 
ing that when one dies, life begins. 

G 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 installations in North 
Carolina, state and local government officials and citizens who have an 
interest in or relationship to the military community. It meets at the call 
of the chairman or the secretary of the Department of Crime Control and 
Public Safety. Department employees serve as staff, providing adminis- 
trative support, drafting legislation and coordinating meetings. 
This commission provides a forum for the discussion of issues concern- 
ing major military installations in the state and active and retired military 
personnel and their families. It collects and studies information related to 
supporting and strengthening the military presence in the state. Commis- 
sion members recommend and review proposed military affairs legisla- 
tion, and advise the governor on measures and activities that would sup- 
port 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 attractive- 
ness as a home for retiring service personnel by proving an easy channel 
of communication between the military and state government. It has also 
provided the unforeseen benefit of serving as the only meeting ground for 
the commanders of the major military installations in the state to discuss 
ideas and problems. 

□ National Guard Division: Since the colonial era of this nation's history, 

there have been citizen soldiers who worked at their trades, jobs, farms, 
professions and other livelihoods, while also serving as members of orga- 
nized militia units. When needed, these citizen-soldiers assisted in the 
defense of life, property and their community. 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 Anned Forces' reserve force structure with the president as comman- 
der-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 service to the people 
of the state. On numerous occasions, the guard has provided assistance to 



309 



state and local authorities when natural disasters such as hurricanes, 
floods, fires and tornadoes occurred and during civil disturbances and 
other law enforcement emergencies that required additional trained 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. The N.C. National Guard's most recent 
combat experience came in the Persian Gulf War of 1 99 1 when thousands 
of North Carolinians spent months in Saudi Arabia, Kuwait and Iraq. 
In 1806, following the War for American Independence, under the author- 
ity of the Militia Acts of 1 792 and 1 795 passed by the U.S. Congress, the 
General Assembly 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 Con- 
gress of June 3, 1916, a definite place in the national defense structure 
was created for the guard; and the State Guard became the National 
Guard. 

Since this change in the federal laws, the National Guard has become an 
integral part of the country's first line of defense. With the backing of the 
federal government and laws passed by the respective states based upon 
the National Defense Acts, the National Guard has continuously, through 
its training, developed a high standard of efficiency. Today it is recog- 
nized 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 con- 
sists of more than 14,000 soldiers and airmen. It is a modem, well-trained 
force which continues to distinguish itself in peacetime and to fulfill both 
its federal and state missions. Guard troops are equipped with some of the 
most modem military equipment: 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 



310 

or more. Not only is the guard an important source of pride and commu- 
nity involvement, but it stands ready to protect and serve its citizens. 

G 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 ahernative punishment programs for 
persons sentenced under the Safe Roads Act became the responsibility of 
the Department of Crime Control and Public Safety in 1983. The depart- 
ment created a new division to administer these programs. This new divi- 
sion was called the Victim and Justice Services Division. Staff and fund- 
ing for this division were drawn from the Govenior'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 char- 
itable 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 did the state benefit from this free labor by offend- 
ers, it also collected more than $4,225,904 in fees which go to the Gen- 
eral Fund for schools and other vital services. The combined total of ser- 
vices and money to the state exceeds $15 million. Other programs have 
evolved from the Community Service Work Program. The Deferred Pros- 
ecution and Community Service Parole programs are administered in 
whole or in part by the division. 

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 unin- 
sured medical expenses and lost wages resulting from violent crime. Vic- 
tims 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 sub- 
mitted to the NCCVCC for verification and approval. The Rape Victim 
Assistance Program provides financial assistance to victims of sex 
offenses by reimbursing the cost of emergency medical treatment and evi- 
dence collection. This program has served thousands of victims since its 
inception in 1981. Division staff members also conduct workshops for 
law enforcement officers on managing occupational stress, using the ser- 
vices of a licensed psychologist to counsel police officers. 

Q Law Enforcement Support Services: Law Enforcement Support Services 

(LESS) is a unique state program that provides surplus equipment from 



311 

the U.S. Department of Defense free to state and local law enforcement 
agencies for use in counter-drug activities. Under the provisions of the 
National Defense Appropriations Act of 1989, the Department of Crime 
Control and Public Safety was designated as the agency in North Caroli- 
na that would handle distribution of military surplus items to local and 
state law enforcement agencies. 

LESS was formally created in 1994 to provide a coordinated means for 
local agencies to obtain federal surplus equipment. The section maintains 
a list of requests from local agencies, then obtains equipment in bulk and 
distributes it to the agencies that requested a particular item first. In order 
to receive the surplus equipment, agencies must describe their counter- 
drug efforts and justify the need for any items they request. Between May 
1 6, 1 994, and December 31,1 996, LESS issued items valued at a total of 
$46,053,377 to 356 police departments and sheriffs offices in 99 coun- 
ties, as well as to 18 state agencies. 

LESS also administers the North Carolina Police Corps scholarship pro- 
gram, which is designed to place officers who are college graduates in 
smaller law enforcement agencies involved in community-oriented polic- 
ing. There is also a scholarship for dependent children of officers killed 
while performing official police duties. 

Crime and Public Safety-Related 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 more information about the Department of Crime Control and Public Safety, call: 

(919) 733-2126 

or visit the department's Web site at: 

http://www.nccrimecontroLorg/ 



312 



Richard H. Moore 

Secretary of Crime Control and 
Public Safety 

Early Years 

Bom August 39, 1960, in Oxford, Granville 

County, to Tingley Moore and Lucy Hancock 

Moore. 

Educational Background 

J.F. Webb High School, Oxford, June, 1978; 
Bachelor of Arts in History, Wake Forest University, May, 1982; J.D., Wake Forest Uni- 
versity, May, 1986; Graduate Degree in Accountancy, London School of Economics, 
July, 1984. 

Professional Backgroimd 

Attorney, Zollicofer & Long, Henderson, N.C., 1993-1995; Assistant United States 

Attorney, Eastern District of North Carolina, 1989-1992; Attorney, Finley, Kumble, 

Wagner, Heine, Underberg, Manley, Myerson & Casey, Washington, D.C., 1987-1989; 

Federal Judicial Clerkship, United States District Court, Corpus Christi, Tx., 1986- 

1987. 




Political Activities 

Secretary, Department of Crime Control and Public Safety, 1995-Present; Member, 

N.C. House of Representatives, 22nd District, 1993-94. 

Ch'gcmizations 

N.C. Bar Association; N.C. State Bar; District of Columbia Bar; Vance, Granville and 
Franklin counties. Chamber of Commerce; Granville City United Way Campaign Cab- 
inet; Chair, St. James Episcopal Church Committee, Kitrell. 

Bocnxis and Commissions 

North Carolina Museum of History Associates Board of Directors; Governor's Crime 
Commission; Criminal Justice Infomiation Network Governing Board; North Carolina 
State Health Coordinating Council, 1993-1995; Director, North Carolina Rural Devel- 
opment Center, 1993-1995; North Carolina Health Planning Commission, 1993-1995. 

Honors and Awards 

Wake Forest Law Review; Goldberg Award; Order of the Barristers. 



313 

Personal Information 

Married, Noel Crook of San Marcos, Tx., May 18, 1985; two children, Will (bom Jan. 

1 1, 1991) and Charles (bom Nov. 16, 1994); Member, St. Stephens Episcopal Church, 

Oxford. 



314 

Secretaries of Crime Control and Public Safetyi 

Name Residence Term 

J. Phillip Carlton^ Wake 1977-1978 

Herbert L. Hyde^ Buncombe 1979 

Burley B. MitchelH Wake 1979-1982 

Heman R. Clark^ Cumberland 1982-1985 

Joseph W. Dean^ Wake 1985-1992 

Alan V. Pugh^ Randolph 1992-1993 

Thurman B. Hampton^ Rockingham 1993-1995 

Richard H. Moore^ Granville 1995-Present 

Notes 

^The 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 Carl- 
ton. 

^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 Governor 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. He resigned September 30, 1995. 

"Moore was appointed by Governor Hunt and sworn in on December 1 , 1 995. 



315 

Department of Cultural Resources 

The North Carolina Department of Cuhural Resources was the first state govern- 
ment cabinet-level department for cultural affairs established in the U.S. It was 
created under the State Government Reorganization Act of 1971 as the 
Department of Art, Culture and History. The name was changed a few years later. 

The purpose of the department is to enhance the cultural climate of North 
Carolina by providing access to the arts, historical resources and libraries. 
Cultural Resources interprets "'culture" as an inclusive term for the many ways 
people have of understanding their history, values and natural creativity. The 
department's functions highlight the exploration and interpretation of our culture 
and ways in which its aspects can be made increasingly available to the public. 
By emphasizing the richness of North Carolina traditions, history and art, the 
department works to preserve and protect the state's cultural heritage for future 
generations. 

The department has three divisions: Archives and History, the Arts Council 
and the State Library. It also administers two semi-autonomous agencies, the 
North Carolina Symphony and the North Carolina Museum of Art, as well as sev- 
eral special programs. Cultural Resources works with numerous boards and com- 
missions associated with the department. The department's divisions include: 

Division of Archives and History 

What is now the Division of Archives and History was created in 1903 to chart 
the state's history and preserve its records and historic places for posterity. The 
division has many diverse sections: 

G 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 knowl- 
edgeable 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 all North Carolinians. 

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, cur- 
rently containing over 350,000 items, reflects the state's political, eco- 
nomic and social history. This comprehensive collection is used by the 
central museum and its three branches, twenty-three State Historic Sites, 
the Executive Mansion and the N.C. Capitol. The museum also loans 



316 

items from its collection to other non-state historical museums through- 
out the state which meet standards 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 sil- 
ver and North Carolina crafts. The museum holds one of the outstanding 
collections of Confederate uniforms in the nation in addition to a collec- 
tion of costumes (over 6,000) ranging from 1775-1980. Its collection of 
350 historic flags ranges from the Revolutionary War-era Guilford Battle 
flag to flags from the Vietnam War. It has the largest known collection of 
Bechtler gold coins ( 1 54). The Bechtlers operated a private mint in North 
Carolina from 1831 to 1846 during the North Carolina Gold Rush. The 
Museum of History's collections are used in an average of twelve special 
exhibitions annually which are visited by over 170,000 school children 
and adults. It has mounted several important and critically acclaimed 
exhibitions in the past years. Enriching and complementing the exhibition 
program are lectures, movies, touch talks, demonstrations and a Tar Heel 
Junior Historian Program in the schools. 

The North Carolina Museum of History has an expanded mission to reach 
out to citizens throughout the state. In the 1940s, the museum began two 
extension services that are still active today: the Tar Heel Junior Historian 
Association, which promotes the study of state and local history in the 
public schools, and an extensive series of slide programs on various 
aspects of North Carolina histor> 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 edu- 
cational programs in communities throughout the state. These programs, 
together with the interest generated all over North Carolina by the asso- 
ciates, have greatly enhanced the museum's 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. 

Ul 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 pro- 
grams for state and local governments. As the state archival agency, it 
arranges, describes, preserves and makes available for use the valuable 
permanent public records of the state and of counties and municipalities. 



317 



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 containing more than 100 million pieces of paper, 800,000 pho- 
tographs, and 30,000 reels of microfilm. The State Archives is nationally 
known and serves as a model for the nation and other states. 
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 pre- 
served in the state archives. The archives are an especially rich source of 
data for anyone interested in family genealogy. 

Historical Publications: The Historical Publications Section is responsi- 
ble 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 quar- 
terly, 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 archae- 
ological program, the division identifies hundreds of historic and pre-his- 
toric sites each year, from Native American Indian encampments to early 
industrial sites and from gold mines to sunken seafaring vessels. 
Visitors can pan for gold, examine a Confederate ironclad or visit 
Blackbeard's hometown as they 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 
its program to plan, preserve, develop, interpret, operate and maintain this 
statewide section. A typical site contains one or more restored or recon- 
structed structures as well as a modem visitor center with exhibits, arti- 
facts and an audiovisual presentation. 

Tryon Palace in New Bern, the colonial capitol of North Carolina, has 
been reconstructed after its destruction in a 1 798 fire to provide an excep- 
tional experience for the visitor. Regular tours are conducted by costumed 
hostesses. An annual symposium on the decorative arts is a nationwide 
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 



318 



Revival style. With its original furnishings, the Capitol is still used for 
ceremonies and contains offices for the governor and lieutenant governor. 
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 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 historic preservation 
efforts. 

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 
archaeological 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. Some properties 
are selected for restoration by the state and are open to the public as his- 
torical, educational and recreational attractions. They range from the 
elaborate and lavish restoration of Tryon Palace in New Bern to the sim- 
plicity 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 assis- 
tance, advice, and counsel to: all libraries; all communities that proposed 
to establish libraries; and all persons interested in the best means of estab- 
lishing and administering libraries. By action of the General Assembly in 
1955, the State Library and the Library Commission were merged to fonn 
a single State Library. 

Today, the State Library is a division of the Department of Cultural 
Resources. The State Library Commission, a 15-member group of citi- 
zens and professional librarians, advises the Secretary of Cultural 
Resources and the State Librarian on priorities and policy issues. 



319 



The State Library of North Carolina focuses its services to the people of 
the state in three ways: (1) by working in partnership with local commu- 
nities to develop public library services statewide; (2) by developing 
library networks coordinating efforts among all types of libraries to pro- 
vide access to electronic information resources through a modern 
telecommunications infrastructure; and (3) by operating the State Library, 
which 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 in 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 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 through its Quiz Bowl, which 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 seri- 
als; subscriptions to 787 periodicals, newspapers, microfilm and micro- 
fiche items; subscriptions to a selection of online databases and CD-ROM 
databases; and a collection of 4,305 16mm films and 3,292 videocas- 
settes. 

The State Documents Depository catalogs and distributes state govern- 
ment publications to local depository libraries statewide. The North 
Carolina Newspaper Project, carried out jointly with the Division of 
Archives and History, identifies newspapers published throughout the 
state since the earliest days, preserves 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 telecommuni- 
cations networks and the exploding variety of resources available elec- 
tronically. Staff at the State Library are developing innovative on-line 
resources to give people across the state access to government informa- 
tion. 

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 



320 

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 
county. The library has secondary sources such as books, family and 
county histories, newspapers, and census records. Archives and History 
has primary sources — the original documents. 

Division of the Arts Comic il 

The North Carolina Arts Councifs mission is 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 1 98 1 . The Arts Council is governed 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. Organizations receiving grants 
include local arts councils, cultural centers, galleries and museums, crafts guilds, 
literary presses and magazines, folk arts programs, dance, opera and theatre com- 
panies, performing arts presenters, individual artists, and arts programs in public 
schools, community colleges, universities, public libraries, historical organiza- 
tions, parks and recreation departments, community service 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 federal 
agency in Washington, D.C. Major grant application deadlines are January 1 5 and 
March 1 for organizations and February 1 for artists. 

The Arts CounciFs program sections include Community Development, 
Dance, Folklife, Literature, Music, Theatre and Visual Arts. Each section offers 
technical assistance, information and consultation services and a variety of grant 
categories to constituent artists and organizations. The council also initiates pro- 
grams 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 CounciFs programs reach all 100 counties in North Carolina. 



321 

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 pro- 
vides 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. The division adminis- 
ters the following programs: 

G 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 
achievements from ancient Egypt to the present. When the General 
Assembly appropriated $1 million in 1947 "to purchase an art collection 
for the state," North Carolina became the first state in the nation to devote 
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 modern art, as well as a collection of Jewish cere- 
monial 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 exhibi- 
tions 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. The museum presents Sunday afternoon lectures 
and concerts, art workshops for children, seminars for teachers and a pop- 
ular 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 
contributions from the private sector administered by the North Carolina 
Museum of Art Foundation. Located at 2 1 1 Blue Ridge Road in Raleigh, 
the museum is open from 9 a.m. to 5 p.m. Tuesdays through Saturdays; 9 



322 

a.m. to 9 p.m. on Fridays; 11 a.m. to 6 p.m. on Sundays and is closed 
Mondays. Admission to the museum is free; however, there may be an 
admission charge for certain special exhibitions or programs. 

Q 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 nation's major orchestras, presenting the fmest in clas- 
sical and symphonic music. The symphony 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, 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 1 50,000 schoolchildren. Nationally rec- 
ognized as a major orchestra by the American Orchestra League, the sym- 
phony travels over 20.000 miles each year, bringing 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, citizens, private groups, schools and businesses. To 
meet these needs, the Department of Cultural Resources and other state govern- 
ment agencies have instituted several special programs. 

The Governor's Business Council on the Arts and Humanities seeks to 
enhance business support of cultural programs. It was the first such state-level 
effort in the nation. 

Cultural Resources attaches a special importance to arts education. Both the 
Office of the Secretary and the department's various agencies sponsor programs 
to meet this need. The Arts Council's Artists-in-Schools program, for example, 
provides residencies in public schools for artists who have shown excellence in 
their work and the ability to communicate their love of art to young people. It also 
co-sponsors the Visiting Artists program in the state's community college system. 
The Museum of Art and the Museum of History provide special tours and in- 
school programs for children. In addition. Cultural Resources sponsors cultural 
programs targeted to special populations including people of color, the disabled 
and residents of correctional institutions. The department's goal is to assure that 
richness of North Carolina's cultural heritage should be available to everyone. 



323 



Culture-Related Board and Commissions 

Board of Trustees of the N.C. Museum of Art 

Composer Laureate for the State of North Carohna 

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 more information on the Department of Cultural Resources, cal 

(919) 733-4867 

or visit the department's Web site at: 
http://web.dcr.state.nc.us/ 



324 




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). 

Profess ion a I 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-officio); 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 imple- 



325 

merited programs and trained volunteers to run programs); National Volunteer 
Health Services Chair, American Medical Association Auxiliary (supervised all 
volunteer health services in AMA Auxiliary); AMA Auxiliary Representative to 
the Council on Voluntary Health Organizations; Member, National Board of 
Directors, AMA Auxiliary; AMA Auxiliary Liaison Representative To The AMA 
Council On Mental Health; Chamber Of Commerce Representative to the Wilson 
Human Relations Commission; Member UNC Board of Governors; President, 
N.C. Museum of History Associates; Member, Advisory Budget Commission 
(first woman) 1981-84; Member, Board of Visitors, Wake Forest University 
School of Law; Member, UNC-Chapel Hill Board of Visitors; Member, General 
Alumni Association of UNC-Chapel Hill Board of Directors and Chair of the 
Program Committee; Member, Board of Directors, Treasurer, Wilson on the 
Move; Board of Directors, Wilson Downtown Development Corporation. 

Honors and Awards 

Distinguished Alumnae Award, UNC-Chapel Hill, 1993; Recipient of State 
awards from the N.C. Heart Association, N.C. Easter Seal Society, Jaycettes 
(Women in Government Award); Recipient of National Jaycettes (now Jaycee 
Women) Women in Government Award, 1985; Democratic National Convention 
Delegate 1972, 1988; Mid-Term Conference, 1978, National Democratic 
Conference 1982; Award of Merit from Wilson Downtown Business Association; 
Listed in Who s Who, Who s Who in American Politics, Who s Who in the South, 
and Who's Who in American Women. 

Personal Information 

Married, John McCain of Wilson. Children: Paul Pressly McCain, III, and Mary 
Eloise McCain; four granddaughters. Member, First Presbyterian, Wilson; former 
Sunday School teacher; Ruling Elder; former Deacon and Chair of Finance 
Committee; Member of Finance Committee and Chancel Choir. 



326 

Secretaries of Cultural Resources i 

Name Residence Term 

Samuel T. Ragan^ Moore 1972-1973 

Grace J. Rohrer^ Forsyth 1973-1977 

Sara W. Hodgkins^ Moore 1977-1985 

PatricG. Dorsey^ Craven 1985-1993 

Betty R. McCain^ 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. 

'-Ragan was appointed by Governor Scott. 

-'Rohrer 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 1 1, 1993 to replace Dorsey. 



327 

Department of Envimnment and Natutal Resomces 

The N.C. Department of Environment and Natural Resources has a long and 
diverse history. When North Carolina began enforcing game laws in 1738, acting 
years before statehood became a fact, the process began to form what we know 
today as the Department of Environment and Natural Resources. 

By 1850, the state had embarked on an ambitious earth sciences program to 
include not only physical sciences but also agricultural and forestry functions. In 
1823, the North Carolina Geological Survey was formed, later expanded, and in 
1905 renamed the N.C. Geological and Economic Survey — the forerunner organ- 
ization to the Department of Environment and Natural Resources. 

State direction on environmental matters picked up speed as the 20th Century 
dawned. As early as 1899, the State Board of Health was given some statutory 
powers over water pollution affecting sources of domestic water supply. The 
state's power to control the pollution of North Carolina's water resources has 
remained constant since. 

The state employed its first graduate forester in June of 1909, leading to the 
creation of the North Carolina Forest Service (known today as the Division of 
Forest Resources) in 1915. When it was established, the service's only task was 
to prevent and control wildfires. 

Also in 1915, the state parks system was bom when Governor Locke Craig 
moved the General Assembly to save Mount Mitchell before loggers could ruin 
it. Legislators created Mount Mitchell State Park in response to the governor's 
request. That same year federal and state laws were passed to protect watersheds 
and streams. The assembly established the North Carolina Fisheries Commission 
Board, charging it with the stewardship and management of the state's fishery 
resources. The board has the administrative power to regulate fisheries, enforce 
fishery laws and regulations, operate hatcheries and carry out shellfish rehabilita- 
tion activities. 

By 1925, the North Carolina Geological and Economic Survey took another 
step in its evolution, becoming the Department of Conservation and 
Development. The new department consolidated many natural resource functions. 
Its original focus was on geology, but its involvement in managing many other 
associated natural resources also grew. Although the Depression slowed business 
at all levels, public programs such as the Civilian Conservation Corps (CCC) 
were a boon to North Carolina's natural resource programs. More than 76,000 
CCC workers fanned out across the state, constructing fire towers, bridges, ero- 
sion control dams and buildings, planting trees and fighting forest fires. Many of 
the facilities in our state parks built by the CCC are still in use today. 

The Division of Forest Resources established its nursery seedling program in 
1924, adding a management branch in 1937 and creating a State Parks Program 



328 

as a branch operation in 1935. A full-timeSuperintendentof State Parks was hired 
and the stage was set for parks management to develop into division status by 
1948. 

By the late 1 930s, interest had declined in managing the state's geological and 
mineral resources, the function that has sparked the organizational push for natu- 
ral resource management in the first place. Geological and mineralogical investi- 
gations at both federal and state levels were poorly supported fmancially. From 
1926-1940, the Division of Mineral Resources was literally a one-man show, 
operated by the State Geologist. 

The war years (1938-1945) provided new impetus for state involvement in 
managing North Carolina's geological and mineral resources thanks to the need 
for minerals to meet wartime shortages. 

The state and the U.S. Geological Survey undertook an ambitious cooperative 
effort in 194 1 , beginning with a ground water resources study. That effort contin- 
ued through 1959, when the Department of Water Resources was formed. Also in 
1941, North Carolina conducted a far-ranging study of geology and mineral 
resources in the western regions of North Carolina in cooperation with the 
Tennessee Valley Authority. 

A long legislative struggle that lasted three full sessions of the General 
Assembly brought the state's first comprehensive, modern water pollution control 
law in 1951. The cornerstone of North Carolina's early 19th Century effort to 
affect our environmental lifestyle - water and geology - was finally being forged 
into law. 

The N.C. 1951 State Stream Sanitation Act (renamed in 1967 as the Water 
and Air Resources Act) became the bedrock for today's complex and inclusive 
efforts to protect the state's water resources. The act also provided an important 
part of the legal basis for today's water pollution control program. It established 
a pollution abatement and control program based on classifications and water 
quality standards applied to the surface waters of North Carolina. 

By 1959, the General Assembly had created the Department and Board of 
Water Resources, moving the State Stream Sanitation Committee and its pro- 
grams into the new department. In 1967, the agency was renamed the Department 
of Water and Air Resources. The department remained active in water pollution 
control and continued to develop a new air pollution control program. 

The Division of Forest Resources expanded its comprehensive services dur- 
ing the 1950- 1970s, as did many of the state agencies concerned with the grow- 
ing complexity of environmental issues. The nation's first Forest Insect and 
Disease Control Program was set up within the division in 1950. The Tree 
Improvement Program began in 1963. The Forestation Program was added in 
1969 and the first Educational State Forest became operational in 1976. 

For the first half of this century. North Carolina's state parks grew simply by 
the generosity of public-spirited citizens. Appropriations for operations were min- 



329 

imal until the State Parks Program was established within the N.C. Forest Service 
in 1935. The parks were busy sites for military camps in the 1940s, but isolated 
leisure spots for most of the years before and after World War II. 

Steady growth in park attendance, and a corresponding need for more appro- 
priations to serve that growth, surfaced in the early 1960s and continues today. 
The 1963 State Natural Areas Act guaranteed that future generations will have 
pockets of unspoiled nature to enjoy. The 1965 Federal Land and Water 
Conservation Fund required the state to have a viable plan for park growth. 

The General Assembly pumped new financial life into the state park system 
with major appropriations in the 1970s for park land acquisition and operations. 
By the mid-1980s, visitation at state parks had risen to six million visitors per 
year. Facilities were taxed to the limit and a new era of parks expansion and 
improvements was beginning. 

In the 1960s, the need to protect fragile natural resources was evident on sev- 
eral fronts. The Division of Geodetic Survey began in 1959; the Dam Safety Act 
was passed by the General Assembly in 1967; and North Carolina became the first 
state to gain federal approval of its Coastal Management Program with the 1974 
passing of the Coastal Area Management Act. By the early 1970s, the state's 
involvement in natural resource and community lifestyle protection bore little 
resemblance to the limited structure of state organizations of the late 1800s. 

The Executive Organization Act of 1971 placed most of the environmental 
functions under the Department of Natural and Economic Resources. The act 
transferred 18 different agencies, boards and commissions to the department, 
including the functions of the old Department of Conservation and Development. 
As some of the titles changed and some of the duties of the earlier agencies were 
combined or shifted, the stage was set for the 1977 Executive Order which creat- 
ed the Department of Natural Resources and Community Development. That 
brought together not only the growing community development programs, but 
pulled the always popular North Carolina Zoological Park (created in 1969 and 
expanded continuously since) and the Wildlife Resources Commission under the 
Natural Resources and Community Development umbrella. 

During the mid-1980s, however, a growing need developed to combine the 
state's interrelated natural resources, environmental and public health regulatory 
agencies into a single department. With the support of the administration, the 
General Assembly passed legislation in 1989 to combine elements of the 
Department of Human Resources and the Department of Natural Resources and 
Community Development (NRCD) into a single Department of Environment, 
Health, and Natural Resources. 

Three of the old NRCD divisions (Community Assistance, Economic 
Opportunity, and Employment and Training) were transferred to other depart- 
ments. The remaining divisions were combined with the Health Services Division 
from the N.C. Department of Human Resources to form the new agency. The ere- 



330 

ation of the Department of Environment, Health and Natural Resources (DEHNR) 
ushered in a new relationship between the environment and the health of the 
state's communities and citizens. 

From 1989 to 1997, new DEHNR divisions were formed, others split and still 
others expanded in both manpower and regulatory authority. The increases and 
changes were in response to a new awareness by the public and businesses that 
North Carolina's growing industrial, commercial and population expansion was 
exacting a high price on natural resources. 

The new agencies included the Office of Minority Health and its Minority 
Health Advisory Committee, legislatively created in 1992. The Governor's 
Council on Physical Fitness and Health and Healthy Carolinians 2000 followed. 
The state's three aquariums merged into one office inside DEHNR in 1993 and the 
Museum of Natural Sciences followed suit the same year. 

The Office of Environmental Education was created in 1993 to educate the 
public — and North Carolina youth in particular — about what constitutes the envi- 
ronment that supports us. Several of the department's health agencies were altered 
to meet public concerns about infant mortality, AIDS, septic tank systems and 
rabies. 

Those and other administrative changes between 1990 and 1996 resulted in 
an increase in Department manpower. Staffing reached 4,650 by 1997. The grow- 
ing response to environmental problems brought an infusion of money for inspec- 
tors, new regulatory powers and a speed-up of the permit processes. 

North Carolina's state parks system received major attention in the mid- 
1990s. Voters approved a $35 million bond package in 1993 for capital improve- 
ments to a deteriorating park system and land purchases to expand some parks. 
Two years later, the General Assembly for the first time gave the troubled parks 
system a guaranteed future source of funding — 75 percent of what the state had 
been taking from the excise tax on real estate tax transfers will now go to support 
our parks. 

As the decade of the 1990s dawned, legislators allocated substantial sums of 
money for programs to clean up the most dangerous of 10,000 underground gaso- 
line storage tanks thought to be leaking at any given time in the state. Some of the 
state's gasoline tax revenues have been earmarked to help owners clean up tank 
spills. 

By the mid-1990s, the fund was facing a deficit because of the overwhelming 
costs involved and the large numbers of underground tanks potentially leaking 
beneath North Carolina's soil. The department also began to respond to new con- 
cerns about fish kills, polluted streams and run-off of nitrogen and other sub- 
stances into rivers and creeks. In 1995 and 1996, animal waste spills into rivers in 
eastern North Carolina led to a stiffening of waste management requirements; the 
addition of inspectors to its water quality and its soil and water conservation divi- 
sions; and training requirements for farm operators. 



331 

With the health functions of DEHNR growing at a rate matching the growth 
of environmental pressures, the 1996 General Assembly divided the department 
once again. On June 1, 1997, health functions were transferred to the Department 
of Human Resources ~ which changed its name, as well. 

The Department of Environment and Natural Resources was bom. Before the 
new department was even a year old, water pollution was rising to the top of the 
state's list of environmental concerns. 

Chemists and scientists waged battle daily with "headline" problems — pfies- 
teria and hog waste spills. Pfiesteria was isolated as a dangerous fish-related 
organism suspected to have caused massive fish kills in the summers of 1995, 
1996 and 1997. The slippery problem of identifying and controlling non-point 
sources of pollution placed more departmental emphasis on problems of stormwa- 
ter and sedimentation run-off and nutrient pollution. 

In August, 1997, Governor Hunt signed into law the most comprehensive 
piece of environmental legislation in the state's history. It mandated a moratorium 
on hog farms, gave county government new power to control the swine industry, 
and tightened limits on how much nitrogen cities and industries can discharge into 
nutrient-sensitive waters. Later that year, the state's Environmental Management 
Commission approved a plan to reduce nitrogen in the Neuse River watershed by 
30 percent. 

As the 20th Century neared an end, the department was embarking on a series 
of measures that were proving effective in preserving and protecting North 
Carolina's natural resources. Those measures included reform of the Marine 
Fisheries operations, better enforcement measures against those who pollute the 
state's waters and the legislatively-funded Clean Water Management Trust Fund. 
Other effective measures included restoration of our wetlands, and an expanded 
environmental education program for the state's students and general population. 

The environmental challenges were many, but a better and cleaner environ- 
ment for the new century was becoming a reality. 

Perhaps no other state agency equals the complexity of responsibilities nor 
deals more directly with the public than does the Department of Environment and 
Natural Resources. Its day-to-day operations touch the lives of North Carolinians 
constantly, from the quality of water coming out of the faucets in their homes to 
how many campsites are available for their use at a state park. 

The department's work is carried out by nearly 3,300 employees. Most of 
these personnel are located in Raleigh, but a significant number must be stationed 
at specific sites throughout North Carolina to serve the public and protect the 
state's natural resources. 

Office of the Secretary 

Policy and administrative responsibility for the far-flung operations of the depart- 
ment rests with a secretary appointed by the governor. Working with the secretary 



332 

to manage the department's divisions and offices is a deputy secretary, chief of 
staff and assistant secretaries for three broad service areas — Environmental 
Protection, Natural Resources and Administration. The department also has an 
Office of Quality Coordinator to monitor the department's services and public 
contacts. Functions within the Office of the Secretary include: 

G 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 depart- 
ment activities and programs; conducts all personnel case appeals; and 
administers enforcement actions taken by the department. 

G Office of Legislative and Inter-Governmental Affairs: This office is the 

department's liaison with the North Carolina General Assembly. Part of 
its role is to monitor proposed legislation and the work of legislative 
study commissions and research committees, it also directs the work of 
the department's field representatives. The office works closely with each 
division to ensure adequate representation of the department's interest. 

Q Office of Public Affairs: Public Affairs provides graphic art, publication, 

photographic and writing/editing services for the department and its divi- 
sions. The office also informs the public about the department's programs 
and available services. 

G Regional Offices: Seven strategically located regional offices serve as 

home base for staff members from several divisions of the department, 
particularly those with regulatory authority. The regional offices allow 
the department to deliver its program services to citizens at the commu- 
nity level. Regional offices are in Asheville, Fayetteville, Mooresville, 
Raleigh, Washington, Wilmington and Winston-Salem. 

Assistant Secretary for Environmental Protection 

The Assistant Secretary for Environment is the chief administrative officer 

for the following departmental functions: 

G Air Quality Division: Air Quality regulates the quality of the air in North 

Carolina through technical assistance to industries and enforcement of 
state and federal air pollution standards. The division issues permits, 
establishes ambient air quality standards, monitors air quality and oper- 
ates a vehicle inspection/maintenance program. 

□ Coastal Management Division: Coastal Management is responsible for 

carrying out the provisions of the N.C. Coastal Area Management Act. It 



333 

processes major development permits in coastal areas, reviews all dredge 
and fill permit applications and administers state and federal grants and 
projects that are part of the N.C. Coastal Management Program. 

□ Environmental Health Division: Environmental Health (Public Water 
Supply, Pest Management, Environmental Community Health) is respon- 
sible for the protection of public health through the control of environ- 
mental hazards that cause human illnesses and disease or may have an 
adverse effect on human health. Its programs include the protection of 
public water supplies, wastewater management, restaurant sanitation 
grading and shellfish sanitation. 

□ Land Resources Division: Land Resources is responsible for protecting 
and conserving the state's land, minerals and related resources. Its pro- 
grams include sedimentation pollution control, mine land reclamation, 
dam safety, geodetic survey and mineral resources conservation and 
development. 

□ Pollution Prevention and Environmental Assistance Division: This 
division coordinates the state's solid 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 pro- 
grams are the division's core elements. 

G Radiation Protection Division: Radiation Protection administers a 

statewide radiation surveillance and control program. The division's goal 
is to assess and control radiation hazards to the public, workers and the 
environment through licensing, regulating, registering and monitoring the 
operations of radiation facilities. 

□ Waste Management Division: Waste Management administers programs 
to regulate and manage hazardous and solid waste disposal to protect the 
public health. Programs include Hazardous Waste, Solid Waste and the 
Superfund. 

□ Water Quality Division: Water Quality is responsible for the comprehen- 
sive planning and management of the state's surface water and ground- 
water resources. This division issues permits to control sources of pollu- 
tion; monitors permitted facility compliance; evaluates water quality; and 
pursues enforcement actions for violations of state water resource protec- 
tion regulations. 



334 

□ Water Resources Division: Water Resource conducts programs for river 
basin management, water supply, water conservation, navigation, stream 
clearance, flood control, beach protection, aquatic weed control, hydro- 
electric power and recreational uses of water. 

Assistant Secretary for Natural Resources 

The Assistant Secretary for Natural Resources manages the following depart- 
mental functions: 

Q Forest Resources Division: Forest Resources is the lead agency in man- 

aging, protecting and developing the state's forest resources. This divi- 
sion carries out forest management, assistance to private landowners, 
reforestation, forest fire prevention and suppression, and insect and dis- 
ease control programs. 

□ 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. 

G N.C. Aquariums: The N.C. Aquariums promote public appreciation of 

North Carolina's coastal culture and natural resources. There are three 
N.C. Aquariums located at Pine Knoll Shores, Fort Fisher and Roanoke 
Island. 

G 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 North Carolina's natural 
resources. It offers educational exhibits and programs for children, teach- 
ers, adults and families to preserve North Carolina's natural history. 

G Office of Environmental Education: Environmental Education serves as 

a clearinghouse for environmental education information at the state 
level. The office coordinates department environmental education pro- 
grams and activities and works with public schools and libraries to edu- 
cate the public about environmental issues. 

□ Parks and Recreation Division: Parks and Recreation administers a 
statewide system of park and recreation resources. It manages state parks, 
state natural areas, state recreation areas, state trails, state lakes and nat- 
ural and scenic rivers. 



335 



□ Soil and Water Conservation: Soil and Water Conservation administers 
a statewide program for the 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 conser- 
vation districts and their state association. 

□ Zoological Park: The North Carolina Zoo displays representative species 
of animal and plant life from the world's land and sea masses. It also pro- 
vides educational and research opportunities. The zoo maintains a pro- 
gram for the conservation, preservation and propagation of endangered 
and threatened plant and animal species. 

Assistant Secretary for Administration 

The Assistant Secretary for Administration is responsible for administering the 

following departmental programs: 

Q Budget, Planning and Analysis Division: Budget, Planning and Analysis 

supports the department with issue development; long-range planning 
and policy coordination through information-gathering and research; and 
supports the department's budget process. 

G Office of Equal Employment Opportunity: The Office of Equal 

Employment Opportunity (EEO) develops and initiates programs to 
ensure the departmenfs compliance with the State Personnel 
Commission's policies on equal employment opportunity. The office pro- 
vides guidance to division directors, regional managers and executive 
staff on the attainment of EEO goals. 

□ Purchase and Services Division: Purchase and Services is responsible 
] for the department's procurement policy. It provides support services to 
j the divisions on purchases and contracts, real property matters and other 
\ administrative services. 

p Information Technical Services Division: Information Technical 

I Services supports the department's mainframe computer applications; 

manages the communication network; serves as the liaison to State 

Information Processing Services for mainframe application development; 

and provides support for personal computers and mainframe applications. 

Office of the Controller: This office provides support and services to the 
divisions in travel, invoice processing, budget management, capital proj- 
ects, payroll and time-sheet reporting. 



336 



Q Personnel/Human Resources Division: The Personnel/Human 

Resources Division is responsible for all personnel management func- 
tions within the department, including compliance with all state and fed- 
eral laws and regulations and promoting a quality workforce of perma- 
nent and temporary employees. 

G Wildlife Resources Commission: The commission is a semi-autonomous 

agency that manages and protects wildlife in the state. The commission 
conducts restoration programs for endangered species of wildlife and 
restocks game fish in state waters. It is responsible for boating safety and 
boat registration, construction of boat access areas and hunter safety pro- 
grams. The commission conducts an extensive environmental education 
program for the state's school-age children. A force of wildlife officers 
patrols the state's waters and the commission issues permits to fish in the 
state's water and to hunt on land areas. 

Environmental and Natural Resource-Related Committees and Boards 

Advisory Medical Committee 

Agriculture and Forestry Awareness Legislative Study Commission 

Agriculture Task Force 

Air Quality Compliance Advisory Panel 

Atlantic States Marine Fisheries Commission 

Coastal Resources Advisory Council 

Coastal Resources Commission 

Environmental Management Commission 

Forestry Advisory Council 

Inter- Agency Committee on Hazardous Waste 

Inter- Agency Committee on Low-Level Radioactive Waste 

Marine Fisheries Commission 

Mining Commission 

Minority Health Advisory Council 

Natural Heritage Advisory Committee 

On-Site Wastewater Systems Institute Board of Directors 

Parks and Recreation Council 

Petroleum Underground Storage Tank Funds Council 

Radiation Protection Commission 

Recreation and Natural Heritage Trust Fund Board of Trustees 

State Board of Sanitarian Examiners 

Sedimentation Control Commission 

Soil and Water Conservation Commission 

Southeastern Interstate Forest Fire Protection Compact Advisory Committee 



337 

North Carolina Trails Committee 

Water Pollution Control System Operators Certification Commission 
Water Treatment Facility Operators Certification Board 
Zoological Park Council 

Authorized by Secretary of Department of Environment and Natural Resources 

(G.S. 115A-223) 

Aquatic Weed Council 

Geological Advisory Committee 

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 

Other Boards and Commissions 
Mining Commission Education Committee 
Parent Advisory Council 
Zoo Society 

For more information about the Department of Environment and Natural 

Resources, call: 
(919) 715-4102 

or visit the department's Web site at: 
http://www.ehnr.state.nc.us/EHNR/ 

For a free directory of DENR programs, managers and their telephone numbers, 

write: 

Ben Taylor 

Department of Environment and Natural Resources 

512 N. Salisbury St. 

Raleigh, N.C. 27611 



338 




Wayne McDevitt 

Secretary of Environment and 
Natural Resources 



Early Years 

Born on June 39, 1953, in Marshall to 

Oscar and Lucille McDevitt. 

Educational Background 

Marshall High School, 1971; B.A. in 

Political Science, UNC-Asheville, 1975; 

Graduate, Government Executives Institute, UNC-Chapel Hill, 1980; 

Attended, N.C. State University, 1974, and Oxford University, United 

Kingdom, 1972. 

Profess ion a I Backgro und 

Secretary of Environment and Natural Resources, 1997-Present; Senior Advisor 
to the Governor, 1993-97; General Manager and Associate Director, the North 
Carolina Arboretum, Asheville, 1986-93; Special Assistant to the Chancellor, 
UNC-Asheville, 1984-85; Western Office of the Governor, 1980-84; Regional 
Manager, Asheville, N.C. Department of Natural Resources and Community 
Development; Madison County Recreation Department, 1975-76; Teacher and 
Coach, Madison County High School, 1975-76; Office of the Speaker of the 
House of Representatives, N.C. General Assembly, 1974-75. 

Political Activities 

Chairman and Chief Executive Officer, Democratic Party of North Carolina, 
1995-96; Director, North Carolina Campaign Fund, 1982-83; Director, Statewide 
Campaign for the North Carolina Democratic Party, 1982; President, Young 
Democrats of North Carolina, 1980-81. 



Organizations 

American Society of Public Administrators; Conservation Council of North 
Carolina; North Carolina Leadership Forum; American Association of Botanical 
Gardens and Arboreta; North Carolina Arboretum Society; 1993 Council of State 
Governments; 1991 Western North Carolina Tomorrow; Rural Economic 
Development Center, 1993-95; Rural Economic Development Council, 1993-95; 
United States Trade Representative, Trade and Environmental Policy Advisory 
Committee, 1994-95; N.C. Local Government Partnership Council, 1994-95; 
Partnership for the Sounds, Inc., 1993-95; North Carolina State PTA, 1990-93; 



339 

Economic Development Association of Western North Carolina, 1988-93; 
WNCW Radio, 1988-93; 

Boards and Commissions 

Member, Board of Trustees, UNC-Asheville, 1995-96; Member, Pack Place 
Education Arts and Science Advisory Council, 1991-96; Member, Appalachian 
Regional Commission, 1993-94; Member, N.C. Association of Boards of Health, 
1992-93; Member, Board of Trustees, Gardner- Webb University, 1988-93; Chair, 
Madison County Board of Health, 1987-93; Southeastern Savings and Loan 
Association, Inc., 1982-90; Red Oak Community Development Organization, 
1989-90; Member, Board of Trustees, Baptist Children's Homes of N.C, Inc., 
1984-89; N.C. Governor's Waste Management Board, 1984-88; Agribusiness 
Council, Inc.; Board of Directors, Aquarium Society; Cancer Coordination and 
Control; Member, Advisory Board, Clean Water Management Trust Fund; 
Economic Development Cabinet; Environmental Education Advisory Council; 
Governor's Advisory Commission on Military Affairs; Local Government 
Partnership Council; Steering and Advisory Committees, Friends of the N.C. 
State Museum of Natural Sciences; N.C. Advisory Council on the Eastern Band 
of the Cherokees; N.C. Association of Environmental Education Centers; N.C. 
Energy Policy; N.C. Farm Workers Council; N.C. Geographic Information 
Coordinating Council; N.C. Heritage, Inc.; Member, Board of Directors, N.C. 
Partnership for Children; Northeastern North Carolina Regional Development 
Commission; Pigeon River Fund; Scientific Advisory Council; N.C. Zoological 
Society. 

Honors and Awards 

Tarheel of the Week, News & Observer 1995; Chancellor's Achievement Award, 
UNC-Asheville, 1985; Listed among ten Rising Stars Under 40 in North and 
South Carolina, Carolina Lifestyle, 1983; Jaycee of the Year, Thomas Wolfe 
Jaycees, 1978; President, Marshall High School Senior Class, 1971. 

Personal Information 

Married to Walda Harrell in 1972; Children: Nicholas and Kasey. Member, First 
Baptist Church, Marshall; Deacon, Sunday School Teacher, Masterlife Instructor, 
Chair of Stewardship Committee; Member, French Broad Baptist Association. 



340 



Secretaries of Environment and Natural 

Resources' 



Name Residence Term 

Roy G. Sowers- Lee 1971 

Charles W. Bradshaw, Jr.^ Wake 1971-1973 

James E. Harrington"^ Avery 1973-1976 

George W. Little^ Wake 1976-1977 

Howard N. Lee^ Orange 1977-1981 

Joseph W. Grimsiey^ Wake 1981-1983 

James A. Summer^ Rowan 1984-1985 

S. Thomas Rhodes^ New Hanover 1985-1988 

William W.Cobey, Jr. '0 Rowan 1989-1993 

Jonathan B. Howes Orange 1993-1997 

Wayne McDevitt'' Madison 1997-Present 

'The Executive Organization Act, passed by the 1971 General Assembly, cre- 
ated 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, renaming the agency the Department of 
Natural Resources and Community Development. NRCD was reorganized and 

renamed by legislative action in the 1989 General Assembly. 

o .... 

'-Sowers was appointed by Governor Scott and served until his resignation 

effective 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 , 1 984, by Governor Hunt. He resigned 
effective January 5, 1985. 



341 

"Rhodes was appointed January 7, 1985, by Governor Martin to replace 
Grimsiey. 

^^Cobey was appointed by Governor Martin in January, 1989. 

' ^McDevitt was appointed by Governor Hunt in August, 1997. 



342 

Department of Health and Human Services 

The N.C. Department of Health and Human Services (DHHS) aims to build a 
stronger North Carolina by enabling individuals, families and communities to be 
healthy and secure and to achieve social and economic well-being. The depart- 
ment's programs and services affect the lives of over seven million North 
Carolinians, including the state's most vulnerable citizens. Those programs and 
services range from promoting disease prevention and helping the disable func- 
tion at their peak to those that relieve the impact of poverty and encourage self- 
sufficiency. Through its programs and services, DHHS seeks: 

^ To support the development of children and families and encourage their 

independence. 

^ To encourage stable, nurturing and self-reliant families and individuals 

and give special emphasis to the needs of infants, children and teenagers. 

^ To ensure that children are prepared to successfully enter and remain in 

school. 

^ To enable older adults to secure and maintain maximum independence 

and dignity and to increase the self-sufficiency of physically, mentally 
and developmentally-disabled populations. 

^ To ensure geographic and economic access to high quality, affordable 

health care by all citizens of the state; to assist in reducing infant mortal- 
ity; and to prevent and treat drug and alcohol abuses. 

^ To provide appropriate, meaningful and challenging educational pro- 

grams and services which enable at-risk and special needs children to suc- 
ceed in a changing world. 

DHHS accomplishes its goals of providing access to health and human serv- 
ices through cooperative arrangements with federal, county and municipal agen- 
cies and community organizations. 

Office of the Secretary 

The Secretary for the Department of Health and Human Services is the 
department's chief executive officer. Appointed by the governor, the secretary 
holds statutory authority to plan and direct its programs and services. The secre- 



343 

tary is supported by a deputy secretary; a chief of staff; an Assistant Secretary for 
Aging, Disability and Long-Term Health Care; an Assistant Secretary for Budget, 
Management and Planning; an Assistant Secretary for Health; and an Assistant 
Secretary for Human Services and Education Policy. Other special personnel who 
report directly to the secretary are the Division of Human Resources, the Office 
of Communications, the Office of Legal Affairs, the Office of Intergovernmental 
Relations and the Office of Research and Development. 

The secretary oversees and manages the department's array of programs and 
services directed toward special client populations with the assistance of key 
management staff and division/institution directors. Department staff work close- 
ly with federal granting agencies, local governments, the General Assembly, the 
judiciary and government officials in the executive branch. The Office of the 
Secretary includes: 

□ Deputy Secretary: As senior member of the secretary's executive staff, 

the deputy secretary advises and assists the secretary in planning, organ- 
izing and directing the department's complex array of human service pro- 
grams. The deputy secretary helps manage North Carolina's largest state 
government agency with programs that improve public health and health 
services for all North Carolinians; protect and promote the causes of chil- 
dren; and foster self-reliance in families, the elderly and the disabled. 
Ronald H. Levine currently serves as Deputy Secretary. Dr. Levine has 
devoted more than 30 years to the practice of public health and preven- 
tive medicine in North Carolina. He joined the state's Public Health 
Office in 1965 as chief of community health services. In 1979, he became 
deputy state health director and, in 1981, he was appointed as the state's 
top public health official. With 16 years as director. Dr. Levine is the 
longest-serving state health director in the nation. 

G Chief of Staff : The chief of staff is responsible for overall staff direction 

and coordination within the agency. The chief of staff also spearheads 
efforts to merge health services back into the department in order to cre- 
ate a seamless system for delivering services for physical health, mental 
health, public health and social services. 

Stephanie Bass currently serves as Chief of Staff. Ms. Bass previously 
served as director of policy, budget and technology for Gov. James B. 
Hunt. She has worked on interagency teams to develop policies and 
strategies on welfare reform, health care, crime and government improve- 
ment. She is a member of the Governor's Management Improvement 
Council, a strategic planning group that explores ways to improve gov- 
ernment. 



344 

G Assistant Secretary for Aging, Disability and Long-Term Care: The 

assistant secretary is responsible for the Divisions of Aging; Services for 
the Blind; Services for the Deaf and Hard of Hearing; and Vocational 
Rehabilitation. This office coordinates policy involving housing and care 
options for the aged and disabled, long-term care policy and special edu- 
cation programs. Lynne M. Perrin currently serves as Assistant Secretary 
for Aging, Disability and Long-Term Care. 

□ Assistant Secretary for Budget, Management and Planning: The assis- 
tant secretary is responsible for the overall direction, management and 
supervision of the budget and financial operations, information resource 
management and the department's legal service operations. The assistant 
secretary manages the Division of Budget and Analysis; the Controller's 
Office; the Internal Auditor's Office; and the Division of Information 
Resource Management. James B. Edgerton currently serves as Assistant 
Secretary for Budget, Management and Planning. 

□ Assistant Secretary for Health: The assistant secretary is responsible for 
managing the Division of Facility Services; the Division of Mental 
Health/Developmental Disabilities/Substance Abuse Services; the 
Division of Women's and Children's Health; the Division of Community 
Health; the Division of Epidemiology; the Council on Developmental 
Disabilities; and the Division of Environmental Health. The assistant sec- 
retary also serves as State Health Director. 

G Assistant Secretary for Human Services and Education Policy: The 

assistant secretary leads the department's efforts to better serve children 
and families in North Carolina. The assistant secretary also helps devel- 
op long-term strategies for the state to help families become self-suffi- 
cient and successful. The assistant secretary manages the Divisions of 
Child Development; Social Services; Youth Services; and the Office of 
Economic Opportunity. Some of the key initiatives in these divisions 
include the Smart Start early childhood education program. Support Our 
Students (SOS), the Work First welfare reform effort, the Family 
Resource Centers and an "Education Boot Camp" for at-risk youth. The 
assistant secretary helps develop policy for the 15 educational facilities 
that DHHS administers through deaf and blind services, as well as train- 
ing schools and classes for delinquent youth. Peter Leousis currently 
serves as Assistant Secretary for Human Services and Education Policy. 

The Department of Health and Human Services' divisions include: 



345 

□ Division of Aging: The Division of Aging develops and manages sever- 

al programs that enhance the lives of North Carolina's older population. 
This division works with local agencies across the state to promote serv- 
ices 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, nutrition programs, 
legal aid and other services in their own communities. Services are avail- 
able to help active older adults find jobs and volunteer 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 
services to each county. 

G Division of Budget and Analysis: The Division of Budget and Analysis 

is a staff division in Central Management and Support. The division 
director reports to the Assistant Secretary for Budget, Management and 
Planning. 

This division addresses the department's need 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. 

The division is also responsible for aiding in the development of depart- 
ment legislative policy and keeping track of all legislative action which 
affects the department's budget. 

G Division of Child Development: The Division of Child Development 

works to ensure safe and developmentally-appropriate child care for 
young children through licensing, monitoring, investigating allegations of 
abuse and neglect, and regulating child care services across the state. 
In addition, this division helps low-income and other eligible parents get 
more affordable child care through blended state and federal subsidies. 
Sufficient availability of quality child care is a top priority in a state 
where over 200,000 children spend part or all of their day in regulated 
child care. 
This division is responsible for coordinating the training of personnel 



346 



who work in early childhood programs and for providing information 
about early childhood issues to parents and the general public. The divi- 
sion works hand-in-hand with communities to establish resource and 
referral agencies that help families gain access to the child care services 
they need. 

The division develops policy and manages funds for a variety of projects 
which enable local and regional agencies to provide training opportuni- 
ties and public information. Some of these projects include child care 
resources and referral services, consumer education and scholarships and 
stipends for child care teachers. 

The Division of Child Development provides support to the Smart Start 
initiative, a program involving public and private agency that ensures 
children will start school healthy and ready to succeed. The division also 
supports Family Resource Centers and Family Support Programs located 
in communities across the state. These programs provide a "one-stop" 
source of help for families by offering formal and informal community 
services and support systems. 

Finally, this division provides staff and administrative support to the 
North Carolina Interagency Coordinating Council providing leadership to 
local councils which design and coordinate services for children with dis- 
abilities in their area. The Head Start Collaboration Office is also housed 
in this division, linking Head Start with child care. Smart Start, Work 
First, literacy efforts and health initiatives to strengthen services for 
young children and their families. 

Division of Community Health: This division houses several health- 
related functions including the Dental Health Services Section, the Office 
of Minority Health, the Local Health Improvement Section and the Office 
of Public Health Nursing and Professional Development. 
Dental Health Services provides preventive dental and educational serv- 
ices to the citizens of North Carolina. Its services include oral health 
screening and referral; fluoride mouth rinse, community water fluorida- 
tion support and dental sealants. The section assists local communities 
with developing local clinical programs to improve access to dental care, 
especially for children. 

The Office of Minority Health works to improve the health status of racial and 
ethnic minorities by advocating policies, programs and services that increase 
access to public health. OMH works with state and federal health agencies, 
local health departments, community organizations and other public and pri- 
vate organizations. Tlie office provides partnership development, consultation, 
technical assistance, training and information dissemination. OMH also facil- 
itates access to health care for migrant fami workers and refugee populations. 



347 

The Local Health Improvement Section focuses on building capacity at 
the local level to identify and address health-related needs and assessing 
and documenting the success of local efforts to improve the health of 
North Carolina's citizens. The Office of Public Health Nursing and 
Professional Development is part of the Local Health Improvement 
Section. This office acts as a resource for policy-making related to public 
health nursing practice. It also provides technical assistance to local 
health departments in the areas of nursing practice, fiscal control/budget- 
ary matters and organization of support staff and records management. 
The office facilitates and provides training and education for the public 
health workforce. 

□ Environmental Health Division: This division protects the public health 
through control of environmental hazards that can cause human illness or 
disease or that may otherwise have a cumulative adverse effect on human 
health. The division comprises the Public Water Supply; Pest 
Management; Environmental Health Services; On-Site Wastewater and 
Shellfish Sanitation sections. The division's programs include protection 
of public water supplies; regulation of on-site wastewater; sanitation of 
food, lodging, institutions and child day care; lead poisoning prevention; 
regulation of public swimming pools, tattoo parlors and other establish- 
ments. 

□ Epidemiology Division: This division is responsible for collecting, eval- 
uating and interpreting data on health-related occurrences including 
births, deaths, marriages, divorces, communicable diseases and occupa- 
tional diseases and conditions. The division investigates and evaluates 
potentially hazardous environmental situations. It enforces control meas- 
ures for communicable diseases and certain hazardous substances such as 
asbestos and lead. Epidemiology also promotes driver safety through 
evaluation of individual drivers' medical status and management of the 
breath alcohol evaluation program. The division investigates suspicious 
deaths and provides laboratory support and consultation to local health 
departments and other health providers. The division also works with 
other public and private agencies to use the epidemiological method to 
positively influence the public health. Among the division's sub-units are 
the State Center for Health Statistics, the Office of Post-Mortem 
Medicolegal Examination and the State Laboratory of Public Health. 
The State Center for Health Statistics is North Carolina's focal point for 
developing and maintaining statewide health statistical data on births, 
deaths, marriages, divorces and fetal deaths. The center is also responsi- 
ble for collection, analysis and distribution of data related to the health 



348 

status of North Carolina's citizens. It does this through annual publica- 
tions, special research, statistical reports and electronic media. The cen- 
ter houses the state's geographic information system (GIS) which main- 
tains a database of natural and health-related information. 
The Office of Post-Mortem Medicolegal Examination is a statewide pub- 
lic service organization that provides health benefits to the state's citi- 
zens. Medical examiners provide forensic expertise in deaths caused by 
criminal acts, suicides and any other suspicious, unusual or unnatural cir- 
cumstances. The office also investigates the deaths of inmates in state 
penal institutions and any deaths that occur without medical attendance. 
The State Laboratory of Public Health provides testing, training and con- 
sultive services for local health departments, as well as providing primary 
laboratory support for local health departments. The laboratory's test 
areas include cancer cytology, newborn screening, environmental sci- 
ences, microbiology and virology/serology. 

G Division of Facility Services: This division inspects, certifies, registers 

and licenses hospitals, nursing homes, mental health facilities, adult care 
homes and home care programs and other health facilities and services 
across the state. It also develops planning to meet facility needs. 
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, licenses all EMS providers in the state and certifies all 
local EMS personnel. The division's other responsibilities include inspec- 
tion and compliance enforcement, as well as construction approval, for 
local jails. It also regulates charitable solicitations and bingo. 

□ Division of Human Resources: This division plans and administers a 

comprehensive program of human resource management that includes 
position classification, compensation and salary administration, policy 
analysis, employee and management development, human resource infor- 
mation systems, employee relations and human resource business servic- 
es. These services are both consultative and administrative and the HR 
staff supports the 20,000 department employees who are subject to the 
State Personnel Act, as well as approximately 26,000 local government 
employees engaged in the delivery of social, mental health and public 



349 

health services to citizens across the state. The division administers 
human resources programs and services for each of the department's 12 
program divisions and 19 human resources facilities dispersed geograph- 
ically throughout the state. 

G Division of Information Resource Management: This division supports 

DHR's business 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. 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. 

G Division of Medical Assistance: This division administers the State's 

Medicaid program, which currently serves more than 1.2 million people 
including 400,000 children living in North Carolina. People eligible to 
receive Medicaid include the elderly, blind and disabled, as well as chil- 
dren and caregivers. Pregnant women whose income and assets are inad- 
equate to meet the cost of health care are also eligible. 
Medicaid, jointly administered and financed by federal, state and county 
governments, pays for a comprehensive array of services including doc- 
tor visits, hospital stays, prescription drugs, eye care, dental care, nursing 
home and in-home services. County departments of social services deter- 
mine eligibility. 

This division manages the Community Alternatives Program, which 
helps the elderly and disabled remain in their homes by providing need- 
ed 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 aims at to reduce North 
Carolina's infant death rate and is run jointly by the Division of Medical 
Assistance 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 
regular comprehensive health exams that include necessary immuniza- 
tions, screenings and follow-up care. 



350 

Q 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 in-patient psychiatric services. The department main- 
tains a network of mental health programs in communities across the 
state. 

The division's Special Care Center provides intermediate and skilled 
nursing care for elderly patients who are affected by serious medical and 
mental problems and who have been referred to the center from one of the 
state hospitals. The division also responds to the special needs of children 
with serious emotional and behavioral disorders through three education- 
al institutions. 

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 individuals challenged by the physical and mental effects of alcohol 
and other substances the division provides residential 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 programs are locally operated by area authorities managed by the 
local governments. 

Local programs help people in the communities where they live, instead 
of depending on institutionalization. Services include local crisis servic- 
es, partial hospitalization, detoxification services, residential treatment 
group homes, halfway house, vocational workshops, family respite, edu- 
cational programs and other services needed by those with mental, devel- 
opmental and addictive disabilities. 

□ Division of Services for the Blind: This division provides treatment, 

rehabilitation, education and independent living alternatives for North 
Carolina's blind citizens. At the same time, it promotes the prevention of 
blindness through educational programs and regular vision screenings 
and tests for conditions such as glaucoma and cataracts. 
The division provides funds for North Carolinians who cannot afford eye 
examinations, glasses, or other treatment. Blind and visually-impaired 
individuals maintain their employment or find new job opportunities 



351 



through the division's comprehensive vocational rehabilitation program. 
The program provides counseling, guidance, work evaluation and exten- 
sive job training and placement. The division also offers services that 
make it possible for blind people to own and operate businesses. 
To help blind people achieve self-sufficiency, the Division of Services for 
the Blind offers a variety of services that include instruction in Braille, 
life skills and mobility training through the N.C. Rehabilitation Center for 
the Blind. 

The Governor Morehead School, the state's residential school for the 
blind, is one of the division's agencies. The school, located in Raleigh, is 
the only residential school in North Carolina for blind or visually- 
impaired children. The school serves children from birth to age 21. Its 
programs include a preschool for children from birth to age five; an aca- 
demic program for youths ages five to 21 ; and an alternative program for 
youths ages five to 21 who have other disabilities in addition to blindness. 
An outreach program is also available to children attending public school 
and the professionals who serve them. 

The governing board of the University of North Carolina system has des- 
ignated the Governor Morehead School as a professional development 
center. As such, the school serves as the location of a masters program in 
visual impairments education for North Carolina Central University. 

Division of Services for the Deaf and the Hard of Hearing: This divi- 
sion is responsible for the operation of six regional resource centers for 
the deaf and hard of hearing strategically located throughout the state. 
The division also manages 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, advo- 
cacy for persons who are deaf or hard of hearing and for those who are 
deaf with one or more other handicaps and interpreter services. In addi- 
tion to making resources and training opportunities available to persons 
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 that serve deaf and 
hard of hearing children under five years of age in a network of commu- 
nity-based classes throughout the state. Additionally, the schools for the 
deaf have developed special services for deaf and hard of hearing students 
with additional disabilities. 



352 



The N.C. Schools for the Deaf 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 
appropriate educational placement of deaf and hard of hearing children. 
This division is responsible for the management of the 
Telecommunications Devices for the Deaf (TDD) special equipment dis- 
tribution program to eligible hearing and speech-impaired persons ages 7 
and older. Equipment includes TTY communication units that allow deaf 
and speech-disabled persons to communicate over the telephone with 
others who have similar units, telephone ring signal units and special tele- 
phone amplifiers for hard of hearing persons. 

The division conducts a community and educational interpreter assess- 
ment and certification program to evaluate the competencies of inter- 
preters so they may assist persons who are deaf and heard of hearing in a 
wide range of situations. 

The Division of Services for the Deaf and the Hard of Hearing 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 Health and Human 
Services and the division for improvements of such programs and the 
need for new programs or services. 

Division of Social Serxices: This division assists individuals and families 
with immediate economic and social support. Its principal mission is to 
strengthen families, protect the welfare of children and the elderly and 
help individuals in need move toward self-sufficiency. 
This division administers the Temporary Assistance for Needy Families 
(TANF) program. TANF includes the Work First Family Assistance, 
Work First Diversion Assistance, Emergency Assistance and Work First 
Services programs. Other programs administered by the division include 
food stamps, low-income energy assistance, crisis intervention and state- 
county special assistance. 

This division offers child support enforcement that ensures children 
receive financial support from absent parents. It also provides foster care 
services that place children in private homes, group homes and other des- 
ignated living arrangements, as well as adoption services that place chil- 
dren with permanent caring families. The Division of Social Services pro- 
vides protective services that identify youngsters who are at risk of abuse 
or neglect and provides help to assure them safety. The division operates 
adolescent parenting programs that acquaint young mothers with preg- 



353 

nancy prevention methods and responsible behavior to reduce the inci- 
dence of further 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. 
In addition to the Job Corps, the division runs the Work First 
Employment Services, Food Stamp Employment and Training and Food 
Stamp Workfare programs. All three programs provide adult citizens with 
short-term job training and help them find and keep jobs. 

□ Division of Vocational Rehabilitation Services: This division provides 
the state's citizens with a wide range of services that include evaluations 
and retraining for suitable job placement. Vocational rehabilitation coun- 
selors work with business and community agencies to help them prepare 
their work sites to accommodate employees with disabilities. 
Division counselors also work extensively with clients to identify skills 
and abilities in order to determine how they can be translated into satis- 
factory and rewarding work. Counselors design packages of rehabilita- 
tion services that may include clinical treatment, personal counseling and 
educational preparation and restoration services to help clients become 
competitive in the job market. The division also provides services that 
encourage and reinforce independent and community living for the dis- 
abled. 

The Division of Vocational Rehabilitation Services manages the 
Disability Determination Section (DDS) for th^ state. The DDS rules on 
disability claims filed under the Social Security Disability Insurance 
(SSDI), the Supplemental Security Income (SSI) and other programs. 

□ Division of Women 's and Children 's Health: This division includes the 
Women's Health, Children and Youth, Immunization and Nutrition 
Services sections. The division's primary mission is to assure, promote 
and protect the health of women, children, adolescents and families in 
North Carolina. 

The division's programs include primary and preventive health services 
for women of child-bearing age, children from infancy through adoles- 
cence and children with developmental disabilities and other special 
needs. The division supports services provided by local health depart- 
ments, physician offices, community health centers, schools, day care 
centers and other community organizations. 

□ Division of Youth Services: This division provides comprehensive care 



354 

programs for troubled youths between the ages of seven and 1 7. The divi- 
sion offers funding and technical assistance to local community programs 
through the Community-Based Alternatives (CBA), Governor's One-On- 
One and Support Our Students programs, as well as non-institutional res- 
idential services such as wilderness camps and multipurpose juvenile 
homes. 

In order to keep juvenile offenders out of adult jails, the Division of 
Youth Services manages secure youth detention centers and provides 
intensive therapeutic services at five state-operated training schools. The 
Community-Based Alternatives program funds more than 610 locally- 
managed prevention and intervention programs each year. These partner- 
ships between the state and local organizations serve more than 30,000 
children in North Carolina. 

The Governor's One-On-One program helps children who are in trouble 
with the law. There are more than 60 such programs in communities 
throughout the state where caring adult volunteers are paired with youths 
who need positive adult role models. 

Youths ages eight to 1 5 with behavioral problems or past encounters with 
the state's justice system receive guidance through the Eckerd 
Therapeutic Wilderness Camps. The camps provide an alternative setting 
for troubled youths to learn the life skills they need to lead positive, pro- 
ductive adult lives. 

The Support Our Schools program operates from 150 sites in 64 counties 
in North Carolina. SOS works to reduce the number of youths who are 
unsupervised after school hours and to improve students' academic per- 
formance. Community volunteers across the state donate their time and 
talent to work one-on-one with students, teach classes and help with 
fundraising. 

The division emphasizes problem prevention and early intervention in the 
lives of youths who have broken the law. When all community-based 
resources have failed to help, however, repeat offenders ages ten to 1 7 are 
often placed by court order at one of the five training schools the division 
operates. The schools are located across the state in order to allow juve- 
nile offenders to remain close to home while they receive treatment, edu- 
cation and rehabilitative services. 

The Division of Youth Services operates eight youth detention centers 
and monitors four county-operated secure detention centers around the 
state. The centers are an alternative to adult jails for juvenile offenders 
awaiting trial and other short-term stays. 

Q Council on Developmental Disabilities: The council is a planning body 

working to ensure that the state of North Carolina responds to the needs 



355 

of individuals with developmental disabilities -- severe, chronic mental or 
physical impairments which begin at an early age and substantially limit 
major life activities. The council promotes the prevention of develop- 
mental disabilities; identifies the special needs of people with develop- 
mental disabilities; and helps meet those needs through interagency coor- 
dination, legislative action, public awareness and advocacy. 

□ Office of Citizen Services: This office guides citizens through the human 

service delivery system. The office provides one-stop shopping in the 
Department of Health and Human Services by answering questions, cut- 
ting through red tape and serving as a clearinghouse for information on 
human services available to North Carolina citizens. 
The Office of Citizen Services provides citizens with information and 
referral to the proper department or non-profit agency and provides prob- 
lem resolution of concerns and complaints regarding the Department of 
Health and Human Services. The office operates the Ombudsman 
Program and Information and Referral Service/CARE-LINE. 
The ombudsman is the liaison between citizens and the department and 
handles problems, complaints and inquiries related to the services pro- 
vided through DHHR. 

CARE-LINE, an information and referral service, provides callers with 
information on and referrals to human service agencies within govern- 
ment, as well as non-profit agencies and support groups. 

G Office of Communication: This office advises the secretary, management 

team and division directors on communications and public relations 
issues. The office participates at the policy-making level, bringing a glob- 
al, public perspective to policy issues and discussions. 
This office also serves as the department's major liaison with the news 
media. It produces and disseminates public information through news 
releases and public service announcements. It also provides assistance in 
planning, editing and producing both external and internal communica- 
tions such as newsletters, brochures, logos and special documents. 
The Office of Communications also assists divisions with the develop- 
ment of media strategies to handle special events and crises. 

G Office of Controller: The controller reports to the Assistant Secretary for 

Budget and Management. The Office of the Controller was established to 
improve accountability and increase the credibility of departmental 
accounting operations. This office manages all accounting and financial 
reporting functions, including payroll, cash receipts, cash disbursements, 
accounts receivable, accounts payable, fixed asset accounting, cost alio- 



356 

cation and reimbursement, cash management, accounting systems devel- 
opment, internal accounting controls and resolution of financial audits. 
The controller is the department's liaison with the Office of the State 
Controller, the State Auditor and the State Treasurer. 

G Office of Intergovernmental Affairs: This office handles liaison func- 

tions for the Department of Health and Human Services with the North 
Carolina General Assembly, U.S. Congress and federal agencies as well 
as the North Carolina Association of County Commissioners and other 
local governmental bodies. The office assists the secretary in developing 
and implementing key legislative and policy initiatives. The office pro- 
vides grants management and development from both federal and private 
sources. It also houses the department's office for the Americans with 
Disabilities Act. 

G Office of Legal Affairs: This office provides legal advice to the secre- 

tary and 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 par- 
ticipates in policy-making decisions as well as in the drafting and review 
of proposed legislation. 

G Office of Rural Health ami Resource Development: The principal mis- 

sion of the Office of Rural Health and Resource Development is to 
strengthen and reinforce health services in rural areas by recruiting physi- 
cians and other health professionals to work in medically-underserved 
communities. The office helps communities attract and recruit 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 and 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. 

Boards and Commissions 

ADATC-Butner - Human Rights Committee 



357 

ADATC-BIack Mountain - Human Rights Committee 

ADATC-Greenville - Human Rights Committee 

Advisory Committee on Family Centered Services 

Advisory Committee on Rehabilitation Centers for the Physically Disabled 

Black Mountain Center - Human Rights Alzheimers 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 

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 



358 



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 more information about the N.C. Department of Health and Human 

Services, call: 
(919) 733-4534 

or visit the department's Web site at: 
http://www.dhr.state.nc.us/DHR/ 

For information on referrals, call CARE-LINE at (800) 662-7030. 



359 



H. David Bruton, MP 

Secretary of Health and Human 
Services 




Early Years 

Born Dec. 31, 1934 in Candor, Montgomery 

County, to Earl and Evelyn Bruton. 

Educational Background 

Graduate, Oak Ridge Military Academy, 

1953; Bachelor of Arts in Philosophy, UNC- 

Chapel Hill, 1957; MD, UNC-Chapel Hill School of Medicine, 1961. 

Professional Background 

Pediatrician, Sandhills Pediatrics, Inc., 1 966- 1 997; Secretary, N.C. Department of 

Health and Human Services, 1997-present. 

Political Activities 

Secretary, N.C. Department of Health and Human Services, 1997-present. 

Organizations 

American Academy of Pediatrics; American Board of Pediatrics; Past Director, 
Moore Memorial Hospital; Past Chief of Medical Staff, Moore Regional Hospital; 
Immediate Past President,N.C. Medical Society; Executive Council, N.C. Medical 
Society; Legislative Council, American Medical Association; Director, Medical 
Mutual Insurance Co.; Executive Committee, First Savings Bank of Moore 
County; Past Director, Sandhills Area Chamber of Commerce; Past Director, 
United Fund of Moore County; Past President, Kiwanis Club of the Sandhills. 

Boards and Commissions 

Member, Moore County Board of Elections, 1968-1974; Chairman, N.C. State 

Board of Education, 1977-1982. 

Honors and Awards 

1993 Public Service Award, N.C. Pediatric Society; Distinguished Alumni, UNC 

School of Medicine, 1980. 

Military Service 

Captain, United States Air Force, 1964-1966. 



360 

Personal Information 

Married, Frieda Bryant, 1957; Children: David, Evelyn (Harris) and Ann (Willard); 

Six grandchildren; Member, United Methodist Church of Southern Pines. 



361 

Secretaries of Health and Human Services i 

Name Residence Term 

Lenox D. Baker^ Durham 1972-1973 

David T. Flaherty^ Wake 1973-1976 

Phillip J. Kirk, Jr.4 Rowan 1976-1977 

Sarah T. Morrow^ Guilford 1977-1985 

Lucy H. Bode^ Wake 1985 

Phillip J. Kirk, Jr7 Rowan 1985-1987 

Paul Kayye^ Wake 1987 

David T. Flaherty^ Wake 1987-1993 

C. Robin Britt, Sr Guilford 1993-1997 

H. David Bruton Moore 1997-Present 

Notes 

' The Executive Organization Act, passed by the 1 97 1 General Assembly, cre- 
ated the Department of Human Resources with provisions for a secretary 
appointed by the governor. 

^Baker was appointed by Governor Scott. 

■^Flaherty was appointed on Jan. 5, 1973, by Governor Holshouser to replace 
Lenox Baker. Flaherty resigned in April, 1976. 

"^Kirk was appointed on April 6, 1976, by Governor Holshouser to replace 
David Flaherty. 

^Morrow was appointed on Jan. 10, 1977, to replace Phillip Kirk. 

"Bode was appointed effective Jan. 1, 985, and served until Phillip Kirk was 
appointed. 

'Kirk was appointed on Jan. 7, 1985, by Governor Martin. He resigned effec- 
tive March 2, 1987, to serve as Governor Martin's chief of staff. 

"Kayye served as interim secretary between March 2 and April 8, 1987. 

"Flaherty was appointed on April 8, 1987, to replace Phillip Kirk. 



362 

Department of Revenue 

The North Carolina Department of Revenue collects and accounts for the state's 
taxes. It also supervises the valuation and taxation of property throughout the state 
and conducts research on revenue issues. The department collects revenue for the 
state's General Fund and Highway Fund, as well as collecting and distributing 
local government sales and use taxes. During the 1996-97 fiscal year, the depart- 
ment processed more than eight million individual and business tax returns. It col- 
lected $13.5 billion in revenue for the state and refunded ta.xpayers more than 
$834.7 million. 

The Department of Revenue, one of the first in the country, has a history dat- 
ing back to the 1920s. Before 1921, several state and county agencies adminis- 
tered North Carolina's tax laws. The North Carolina Tax Commission assessed 
the tangible property of railroads, public service companies and the ''corporate 
excess" of all corporations. It certified those amounts to counties for local ta.xes 
and the State Auditor for state taxes. The Office of State Auditor billed each cor- 
poration for property and franchise taxes, which were paid directly to the Office 
of the State Treasurer. County officials administered the general property tax, 
while the clerks of Superior Court administered the inheritance tax under the 
supervision on the N.C. Tax Commission. The Department of the Secretary of 
State collected fees for automobile licenses. 

In 1921, growing public dissatisfaction with North Carolina's tax structure 
and recommendations of substantial reforms from two study groups prompted the 
General Assembly to pass a constitutional amendment creating a comprehensive 
net income tax. The legislature also eliminated real property tax as a source of 
state revenue. 

The experience of other states had demonstrated that an income tax such as 
that enacted in 1921 could not be effectively enforced without centralized admin- 
istration. In recognition of this, the new law was assigned to the Tax Commission 
for administration. In the closing days of the 1921 Session, the General Assembly 
created the Department of Revenue, headed by a Commissioner of Revenue, to 
assume the responsibility of State revenue administration, enforcement and col- 
lection. The new department had the distinction of being the first such department 
in the United States. 

By May 1921, the new Department of Revenue employed a staff of 16 peo- 
ple. The inheritance tax unit and the franchise and corporation tax assessment 
units were transferred from the Tax Commission, and the department became 
responsible for administering the new income tax. The department started an 
income tax unit in October, 1921, to handle collections of the income tax. 

The department grew to 30 employees by the end of 1 92 1 -22 fiscal year. The 
cost of operation the Department of Revenue that year totalled $87,125. The 



363 

department's collections, however, amounted to $3,120,064 from income and 
inheritance taxes. 

In 1 923 the department began assessing and collecting the franchise tax, tasks 
the agency took over from the Office of the State Auditor and the Office of the 
State Treasurer. License taxes, previously collected by the county sheriffs or tax 
collectors, also fell under the administration of the new department. License tax 
field division were created to carry out the new responsibilities. 

The department expanded again in 1925 when the General Assembly moved 
the Motor Vehicle Bureau from the Department of the Secretary of State. The 
bureau administered automobile license taxes, the gasoline tax and the bus and 
truck franchise tax. The bureau had a registration unit, a theft unit, a gasoline tax 
unit and branch office. At about the same time, collection of taxes on insurance 
companies passed to the Department of Revenue, although liability for the tax 
was determined by the Commissioner of Insurance. 

The Department of Revenue continued to grow throughout the Great 
Depression. The legislature enacted a general sales tax and a beverage tax in 
1933. A new unit was created to administer the sales tax and the administration 
of the beverage tax was placed in the license tax unit. Shortly thereafter, the N.C. 
State Highway Patrol was transferred from the Highway Department to the N.C. 
Revenue Department and assigned to the Motor Vehicle Bureau. The N.C. 
Department of Agriculture's gasoline and oil inspection also moved to the N.C. 
Department of Revenue. 

Faced with increasing traffic on the state's highways, the Highway Patrol 
expanded in 1935 and the Motor Vehicle Bureau split into two divisions: the 
Division of Highway Safety (including the Highway Patrol, the Driver's License 
Unit, and the Radio Unit) and the Motor Vehicle Bureau. Each division had a 
director who reported directly to the Commissioner of Revenue. An entirely sep- 
arate Department of Motor Vehicles formed in 1941. 

The General Assembly enacted the intangible personal property tax in 1937. 
The new tax arose from a 1936 amendment to the state constitution that permit- 
ted the General Assembly to classify property for purposes of taxation with dif- 
ferent classes of property being treated differently. Intangible property was the 
only classification made initially and it was taxed exclusively by the state, 
although half of the revenues were to be distributed to counties, cities and towns. 
The local share of the tax increased to 96% by 1996, when the Supreme Court 
ruled the tax unconstitutional. 

Other changes in the department's administrative structure occurred in the 
1950s and 1960s. Separate divisions to administer corporate and individual 
income taxes formed in 1953. Later in that decade, the Franchise and Intangibles 
Tax Division were divided. The new Intangibles Tax Division provided staff to 
the State Board of Assessment until 1967, when the board was given a separate 
staff. 



364 

As the department grew and took on more administrative functions, its need 
for office space grew as well. The department's original home included the Senate 
Chamber in the Capitol, the clerk's office and several committee rooms on the 
building's third floor. This arrangement forced the department to move when the 
General Assembly met in 1923 and again during the special session of 1924. 
During the latter session, the General Assembly approved plans to move the 
Department of Revenue into a new building. The department moved temporarily 
to the Agriculture Building before the 1925 legislative session, then moved to the 
new Department of Revenue Building in 1926. 

Space problems continued, however, as various other state agencies moved 
into the building and the volume of tax returns and employees continued to 
increase. The department expanded into two annexes in 1948 and a third in 1969. 
By 1985, the Department of Revenue had acquired the adjacent Brown-Rogers 
Building to house the Property Tax Division and a number of other department 
offices. In order to provide a long-term solution to the department's ever-increas- 
ing need for space, the legislature agreed in 1986 construct a new Revenue 
Building. The department moved into its new quarters in 1992. 

The complex challenge of administering the state's tax laws has led the 
Department of Revenue to consistently pioneer new technologies during its his- 
tory. In 1947 a small data processing unit was set up in the Sales and Use Tax 
Division. The unit used punch cards to provide a mailing list of registered mer- 
chants, check monthly returns for delinquency, address letters for all delinquent 
accounts and compile statistical data from monthly returns. A larger unit, added 
to the Income Tax Division, in 1949, provided mailing lists of individual income 
taxpayers. This allowed the department to mail forms directly to taxpayers the fol- 
lowing year, as well as providing the department with a more efficient filing sys- 
tem that did not require alphabetizing files by hand. 

In 1958 the two data processing units were consolidated into a single unit, the 
Division of Planning and Processing. In 1 960, this division began processing indi- 
vidual income tax refunds on automated equipment. The department added com- 
puterized disk storage in 1970 and added 20 data entry terminals in 1972 when 
on-line information systems were introduced. During the next seven years, the 
department developed on-line inquiry systems for the Individual Income Sales 
and Use, Intangibles and License and Excise Tax Divisions. Revenue acquired an 
optical character reader in 1977 that scanned hand-coded auditor adjustment 
sheets. The first remote computer terminal was installed in a Revenue field office 
in 1984. By 1991, every field office in North Carolina had remote terminals that 
allowed employees to accesses the department's central computer files and com- 
municate via e-mail. The microcomputing revolution led the department to con- 
vert its existing computer systems to an integrated tax accounting system that 
would better serve the department's needs. The new system, installed throughout 
the department in 1997, brings information from the separate divisions and tax 



365 

schedules together in one database, making it quicker and easier to cross-check 
flies and tax returns. The new system also allows the department to provide infor- 
mation to taxpayers more swiftly. 

The reorganization of the state's executive branch in 1971 affected the 
Department of Revenue. The Department of Tax Research became a division of 
the Department of Revenue. The staff of the State Board of Assessment joined the 
department as the Ad Valorem Tax Division. The title of the department's top 
administrator changed from Commissioner of Revenue to Secretary of Revenue. 
The secretary is appointed by the governor, and serves ex officio as a member of 
the Tax Review Board in matters pertaining to corporate allocation formulas. He 
or she also serves as a member of the Local Government Commission. 

The Department of Revenue is currently led by the Secretary of Revenue, a 
deputy secretary and five assistant secretaries divided into four broad areas: Tax 
Administration, Tax Compliance, Field Operations, and Legal & Administrative 
Services. Those areas and the services they provide are: 



Tax Administration 

□ Corporate, Excise and Insurance Tax Division: The Corporate, Excise 
and Insurance Tax Division interprets the statutes relating to corporate 
income and franchise tax, provides information to taxpayers and confers 
with taxpayers on disputed issues. Representatives of the division appear 
in hearings before the Secretary of Revenue, the Tax Review Board and 
in court. 

□ Ad Valorem Tclx Division: The Ad Valorem Tax Division oversees city 
and county personal property valuation and taxation; offers assistance to 
local taxing authorities; responds to property tax valuation appeals; and 
staffs the State Property Tax Commission. The division manages the dis- 
tribution of inventory and homestead tax revenue to local governments. 

□ Sales & Use Tax Division: The Sales & Use Tax Division formulates tax 
policy and responds to technical issues, hearing requests and proposed 
legislation regarding state and local sales and use tax laws. The division 
maintains data on consumers and retail and wholesale merchants and 
audits monthly sales and use tax reports. 

G Tclx Research Division: The Tax Research Division compiles and pub- 

lishes statistical data on state and local taxation. The division analyzes 
proposed changes in tax laws and conducts special studies, as well as 
responding to internal and external inquiries. 



366 

Ul Individual Income, Inheritance, Intangibles and Gift Tclx Division: The 

Individual Income, Inheritance, Intangibles and Gift Tax Division helps 
taxpayers understand tax laws and file returns. The division holds con- 
ferences with taxpayers, accountants and attorneys to settle disputed tax 
issues. 

Tax Compliance 

Q Office Examination Division: The Office Examination Division audits 

and examines tax returns to make sure they comply with North Carolina 

tax laws. 

G Motor Fuels Tilx Division: The Motor Fuels Tax Division administers 

motor fuel laws, including taxes and inspection fees. 

G Office Services Division: The Office Services Division helps taxpayers 

file returns, answers questions about tax refunds and resolves taxpayers' 
questions about assessments, refunds, payments and other issues. The 
division also manages the bankruptcy program and accounts receivable. 

Field Operations 

G Interstate Audit Office: This office administers the out-of-state audit pro- 

gram. 

G East Collections and Audit Divisions/West Collections and Audits 

Divisions: These sub-branches manage all compliance, enforcement and 
taxpayer education programs. They also administer audit and collection 
efforts in 45 field offices throughout the state. 

G Controlled Substance T(lx Division: Administers the excise tax levied on 

controlled substances and counterfeit controlled substances. 



Legal and Financial Services 

G Accounting Division: The Accounting Division receives and deposits all 

tax payments. It maintains the department's budget and payroll records. 

Q Administrative Services Division: The Administrative Services Division 

provides supplies and equipment for the department. It also prints forms 
and processes incoming and outgoing mail. 

Q Returns Processing Division: Returns Processing enters information 

from taxpayer returns into the department's computer system. The divi- 
sion maintains the department's current records and inactive files. 



367 

Planning, Development and Technology 

□ Business Systems Development and Support Division: This division 
supports the department"'s business processes by developing and main- 
taining computer application systems. 

□ Technology Services Division: Technology Services schedules, monitors 
and controls computer systems and networks. 

□ Business Process Re-engineering Division: This division re-engineers 
and streamlines department business processes to improve efficiency and 
productivity. 

□ Production Systems Integration and Coordination Division: This divi- 
sion coordinates the Integrated Tax Administration System business func- 
tions. 

G Database Administration Division: Database Administration works to 

ensure the accuracy and performance of the department's computer sys- 
tem through database administration. 

Q Quality Assurance and Planning Divisions: Quality Assurance and 

Planning manage the department's quality assurance system and disaster 
recovery programs, as well as providing coordination and support for 
strategic and technology planning. 

Secretary s Office 

Q Internal Audit Division: This division monitors compliance with depart- 

mental policies and procedures and reviews and makes recommendations 
for improving the department's overall operating efficiency. 

□ Criminal Investigation Division: This division investigates taxpayers 
who fraudulently fail to adhere to the state's tax laws. 

Q Security Office: Develops and maintains an integrated system to protect 

all of the department's resources. 

□ Personnel Division: Personnel provides technical and administrative 
guidance and human resource services to the department and its employ- 
ees. 

□ Public Information Officer: The Public Affairs Office provides internal 
and external communication. 



368 

m Legislative Liaison: The Legislative Liaison monitors legislation and 

budgeting that affects the department. He or she works with the secretary 
and deputy secretary to keep lawmakers informed of the department's 
needs. 



Boards ami Commissions 
Property Tax Commission 
Tax Review Board 

For more information about the Department of Revenue, call: 

(919) 733-3991 

If you have questions about the state income tax, call: 

(919) 733-4684, or 

(919) 733-4828 

You can also visit the department's Web site at: 
http:/A\"W"w.dor.state.nc.us/DOR/ 



369 




Muriel K Offerman 

Secretary of Revenue 

Early Years 

Bom July 22, 1935, in Wilmington, New 

Hanover County, to Harry Edward Kramer 

(deceased) and Vivian Freda Katzoff 

Kramer. 



Educational Background 

Valedictorian, Wallace High School, 

Wallace, 1953; Attended Smith College, 

1953-56; B.A. in Humanities, University of Chicago, 1957. 

Professional Background 

Secretary, Department of Revenue, 1996-Present; Deputy Secretary, N.C. 
Department of Revenue, 1993-96; President and Co-Owner, Kramer's 
Department Store, Wallace, 1980-90; English and Geography Teacher, Chestnut 
Junior High School, Wilmington, 1957-58. 

Boards and Commissions 

Member, Board of Trustees, James Sprunt Community College, Kenansville, 
1989-93; Member, Board of Directors, North Carolina National Bank, Wallace, 
1978-93; Member, National Board of Directors, Women Executives in State 
Government, 1997-98; Treasurer, Women's Forum, 1996-98; Vice-President, Tar 
Heel Fine Arts Society; President, Wallace Chamber of Commerce, 1984; Vice- 
President, Duplin County Education Foundation; Vice-President, Wallace 100 
Committee; 1985; Member, Board of Directors, Wallace Jr. Women's Club, 1986- 
91. 

Political Activities 

Member, Democratic National Committee; Chair, Duplin County Democratic 
Party, 1987-91; Field Director, Hunt for Governor Campaign, 1992; Member, 
N.C. Democratic Party Executive Council and N.C. Democratic Party Executive 
Committee; Chair, Duplin County Sanford for Senate Campaign, 1986; Member, 
National Board of Jewish Democratic Council. 



Honors and Awards 

Who's Who in American Women, 1983; Outstanding Young Women of America; 

Woman of the Year, Wallace Chapter, American Business Woman's Association, 

1984. 



370 

Personal biformation 

Married Max H. Offerman of Galesburg, Illinois, July 29, 1956; Three children: 
Mark (bom September 27, 1958), Sheri (born October 1, 1960) and Lori (bom 
April 16, 1964); Six grandchildren; Member, Temple of Israel, Wilmington. 



371 

Secretaries of Revenue' 



Name Residence Term 

Alston D. Watts2 Iredell 1921-1923 

Rufus A. Doughton^ Alleghany 1923-1929 

Allen J. MaxwelH Wake 1929-1942 

Edwin M. Gill^ Wake 1942-1949 

Eugene G. Shaw^ Guilford 1949-1957 

James S. Currie^ Wake 1957-1961 

William A. Johnson^ Harnett 1961-1964 

Lewis Sneed High^ Cumberland 1964-1965 

Ivie L. Clayton'O Wake 1965-1971 

Gilmer Andrew Jones, Jr.' 1 Wake 1972-1973 

MarkH. Coble'2 Guilford 1973-1977 

Mark G. Lynch'3 Wake 1977-1985 

Helen Ann Powers'^ Madison 1985-1990 

Betsy Y. Justus'^ Bertie 1990-1993 

Janice H. Faulkner Pitt 1993-1996 

Muriel K. Offennan Duplin 1996-Present 

Notes 

'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 succeeding one to be ''nominated and elected" in 1924 "in the manner pro- 
vided for... other state officers." In 1929, the provision for electing a commis- 
sioner was repealed and a provision that called for appointment of the commis- 
sioner by the governor substituted in its place. The Executive Organization Act of 
1971 established the Department of Revenue as one of the nineteen major depart- 
ments. 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 re-election in 1928 
until March, 1929. 

^Maxwell was appointed by Governor Gardner to replace Doughton and 
served following subsequent reappointments until June, 1942. 



372 

^Gill was appointed by Governor Broughton to replace Maxwell and served 
following 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 commis- 
sioner. He was later appointed commissioner and served following reappointment 
by Governor Scott on July 21, 1969 until his resignation effective December 31, 
1971. 

' ' Jones was appointed by Governor Scott to replace Clayton and continued 
serving until Coble took office. 

'■^Coble was appointed on June 8, 1973, by Governor Holshouser to replace 
Jones. 

'^Lynch was appointed on January 10, 1977, to replace Coble. 

^ ^Powers was appointed January 7, 1985, by Governor Martin to replace 
Lynch. 

'^Justus was appointed May 1, 1990 by Governor Martin to replace Powers. 



373 

Department of Transportation 

The North Carolina Department of Transportation (NCDOT) provides a system to 
transport people and goods effectively, efficiently and safely while rendering the 
highest level of service to the public. 

The State Highway Commission and the Department of Motor Vehicles was 
combined to form the North Carolina Department of Transportation and Highway 
Safety by the Executive Organization Act of 1 97 1 . This act also created the North 
Carolina Board of Transportation. In 1979, the term "Highway Safety" was 
dropped from the department's name when the Highway Patrol Division was 
transferred to the newly-created Department of Crime Control and Public Safety. 

The North Carolina Department of Transportation is headed by a secretary 
appointed by the governor. Legislation passed in 1973 designates the secretary as 
an ex-officio member and chair of the Board of Transportation. All transportation 
responsibilities, including aviation, ferry service, mass transit and rail, as well as 
highways and motor vehicles, are the responsibility of the department. The Board 
of Transportation, the chief policy-making body of the department, awards all 
highway contracts and sets transportation priorities. The staff executes the initia- 
tives of the board and is responsible for day-to-day operations. 

□ Division of Highways: The Division of Highways administers state road 

planning, design, construction 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 transportation network. This division is 
responsible for the upkeep of the largest state-maintained highway sys- 
tem in the country. It utilizes both state and federal funds in its road 
improvement program. 

The division has a long history of service to North Carolina. As the 20th 
century approached, the need for better roads became increasingly appar- 
ent 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 sparked a transportation revolution that would serve 
North Carolina's interests and bring many benefits to citizens who sup- 
ported the system through their taxes. 

Modern road building in North Carolina may have begun in 1879 with 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 1 8 and 45. 



374 



The author of the legislation. Captain S.B. Alexander, saw his bill 
repealed, then re-enacted in 1883, as growing numbers of people 
acknowledged the need for better roads. By 1 895, most of the state's pro- 
gressive counties had established tax-based road building plans. 
As the new century neared, interest in better roads spread from the moun- 
tains 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 
promoted meetings the following year in Chapel Hill, Raleigh and 
Charlotte. Before 1900, most decisions concerning transportation were 
dictated by immediate local needs. Little thought was given to long-range 
transportation goals on a statewide basis. The concept of a statewide sys- 
tem existed only in the minds of a few visionary people. Well into the new 
century, state policy was limited to assisting counties in meeting trans- 
portation 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 trans- 
portation 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 period. 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. 
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. Counties issued a total of $84.5 mil- 
lion in road construction bonds before the practice was halted 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 



375 

good roads advocates. Miss Berry quickly became an uncompromising 
force in the campaign. She pushed for establishment of a State Highway 
Commission and, in 1915, helped draft legislation designed to establish 
and maintain a statewide highway system. The bill was defeated, but 
Hattie Berry was not. She mounted a campaign that carried into 89 coun- 
ties and, in 1919, when the bill was reintroduced. 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 deci- 
sion to accept debt as a means of getting better highways. It began slow- 
ly at the county level in New Hanover, Mecklenburg and Guilford coun- 
ties. The era of building roads using whatever money happened to be at 
hand and a day of required labor from each able-bodied man faded. In its 
place rose a sophisticated enterprise of structured funding and complex 
engineering. For the first time in North Carolina history, planning become 
part of the highway building and maintenance programs. 
Road-building swept the entire state through the mid- 1920s. Following 
passage of the Highway Act of 1 92 1 , almost 6,000 miles of highway were 
built in a four-year period. The aggressive leadership of Governor 
Cameron Morrison and other transportation advocates helped fuel the 
drive to improve transportation in North Carolina, as did public approval 
of a $50 million bond issue. During the Depression years of the early 
1930s, however, highway construction ground to a halt. Some state lead- 
ers began looking to the Highway Fund as a possible source of money 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 lead- 
ership of Governor O. Max Gardner, assumed responsibility for all coun- 
ty roads and an allocation of $16 million was made for maintenance. 
By 1933, the Depression had carried North Carolina into a dark period. 
The precarious state of the economy, coupled with the state's assumption 
of financial responsibility for public schools, prompted state leaders to 
use highway funds for non-highway purposes. As the economy began to 
recover later in the decade, the General Assembly recognized the damage 
caused to the roads system by years of neglect and allocated $3 million 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 state revenues 
continued to rise, stretches of a new highway were constructed. 
The outbreak of World War II again brought a halt to construction. This 



376 



time, however. North Carolina's highway program appeared to benefit 
from the moratorium. The state, led by Governors J. Melville Broughton 
and Gregg Cherry, used funds produced by the accelerated wartime econ- 
omy 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 peri- 
od rose from 58,000 to 64,000 miles. It was generally conceded, howev- 
er, that one important area of transportation had been neglected — sec- 
ondary roads. North Carolina led the nation in use of school buses. The 
state also ranked second in the number of small, family farms. But little 
cause existed 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. Scott instead requested $200 million from the 
state's voters. 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, construction promised in the bond proj- 
ect was 94 percent complete. 

Neither the proposal to borrow money for road building nor popular sup- 
port 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 1920s, the state had passed four bond issues totaling 
$16.8 million. The Scott bond issue added $200 million to that total. In 
Governor Dan Moore's administration, voters approved a $300 million 
issue. In 1977, Governor James B. Hunt Jr. proposed a second $300 mil- 
lion bond issue and voters approved the bond issue. 
The structure of the state's transportation programs have evolved through 
the years to make the program more credible and responsive to the state's 
needs. In 1971, 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 
schedule of the state's major highway construction that balances project- 
ed construction costs against anticipated revenues. The TIP is updated 



377 

annually to add new projects and adjust priorities. 
The N.C. Board of Transportation makes fmai decisions on new projects 
and priorities each year after local officials and interested citizens express 
views and make recommendations on their ftjture highway needs. This 
approach to meeting North Carolina's transportation needs has expanded 
to include aviation and public transportation projects. Other changes also 
improved reliability and responsiveness. Under Governor Bob Scott, the 
Board of Transportation expanded to 24 members and during the 
Holshouser administration, the department moved to fomiulate 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 mil- 
lion a year in additional revenues by Fiscal Year 1991-1992. These funds 
were to be used to bolster or improve the maintenance and safety on the 
state's highways. An additional $30 million was set aside to begin a pro- 
gram 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 legis- 
lature 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 governments for city street improvements. 
Funding for the program is provided by motor fuel and other highway use 
taxes. 

At the beginning of the century, North Carolina was a state of relatively 
few, and incredibly poor roads. Only 5,200 miles of state roads existed in 
1921 . From that inauspicious beginning, the highway network has grown 
to more than 77,400 miles, the largest state-maintained system in the 
nation. Significantly, construction and maintenance of the system, from 
the beginning, has been supported exclusively by highway user tax rev- 
enues. 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 



378 



with a Highway Fund that is not able to keep pace with needs resuhing 
from increased travel and traffic. 

To address those needs. Governor Jim Hunt unveiled a bold new trans- 
portation plan in 1994. Transportation 2001 accelerates road construction 
and calls for completing key economic development highways. The pro- 
gram emphasizes paving secondary roads and eliminating a road mainte- 
nance backlog. Transportation 2001 also seeks to improve public trans- 
portation in North Carolina by making transit, rail, ferry, aviation and 
bicycling more efficient and user-friendly. Transportation 2001 has 
helped NCDOT increase its construction program by 20 percent and 
accelerate more than 400 projects statewide. This total includes construc- 
tion of new interstates in North Carolina. Construction of 1-26 from 
Asheville to the Tennessee border was moved up by five years. NCDOT 
completed and opened the nation's first sections of 1-73 and 1-74 in 1996. 
The interstate highways will improve access to our state for visitors com- 
ing from Virginia and South Carolina. When completed, 1-73/74 will 
bring 325 miles of new interstate to North Carolina and will provide rout- 
ing all the way from the Piedmont to the southeastern coast. The project 
brings an interstate-type highway to areas of North Carolina that have not 
previously had such access. It will also give undeveloped areas of the 
state an opportunity to boost their economies. 

Another vital part of Transportation 2001 is its emphasis on key elements 
outlined in the Highway Trust Fund. Transportation 2001 and the new 
Highway Bond are two of the most significant developments in state 
transportation in recent memory. The Highway Bond passed both houses 
of the General Assembly and received the approval of voters in 1996. The 
bond allocates $950 million to accelerate highway construction in North 
Carolina, $500 million for construction of urban loops, $300 million for 
construction of the intrastate system and $150 million for paving second- 
ary roads. 

The transit portion of Transportation 2001 is already in high gear. The 
Transit 2001 Commission, whose members were appointed by Governor 
Hunt, spent 1 6 months researching North Carolina's public transportation 
needs and soliciting public input. The commission released a report with 
detailed recommendations in February, 1997. The highlights of the com- 
mission's recommendations included: 

^ Improving train speeds in the Raleigh-to-Charlotte rail corridor. 

^ Building community transportation systems. 



379 
► Increasing mobility for the elderly and persons with disabilities. 

^ Extending passenger train service to western North Carolina. 

□ Division of Motor Vehicles: The Division of Motor Vehicles (DMV) has 

more direct contact with citizens than any other state agency. This divi- 
sion serves more than 1 .5 million drivers and registers more than six mil- 
lion 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. During the reorganization of the 
executive branch in 1971, the Department of Motor Vehicles became a 
division under the control of what is now the Department of 
Transportation. The Division of Motor Vehicles is comprised of six major 
sections which are expanding rapidly to better serve the needs of North 
Carolinians. 

The 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. DMV also established a commercial driver 
license program, creating new testing and licensing standards for truck- 
ers. Six express drivers license offices in various locations throughout 
the state 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 - Operation Blue Flame - between 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 
undertake this type of joint effort. In addition, the Enforcement Section 
operates a computer system that enables the DMV to keep statewide vehi- 
cle theft reports. 

The Collision Reports Section is the official storehouse for state accident 
reports. All law enforcement agencies in North Carolina file reportable 
accidents with this section. 



380 

The International Registration Plan Section is responsible for issuing 
license plates to truckers who travel out-of-state. The section audits 
mileage and monitor truckers for appropriate insurance coverage. 
The School Bus and Traffic Safety Section was recognized in 1991 as the 
nation's most outstanding state agency teaching defensive driving. This 
section 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' opera- 
tions helps make North Carolina's roads 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. 

□ Division of Aviation: North Carolina, the birthplace of modern aviation 
on December 1 7, 1903, has kept pace with advancement in that important 
field through the Division of Aviation. North Carolina has more than 
15,500 licensed pilots and 6,500 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. 
responsibility for aviation was transferred to the Department of 
Transportation. 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 through- 
out the state. 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 20 1 0. The division currently works 
with 75 publicly-owned airports with three additional facilities under 
development. The NCASP recommended six new publicly-owned air- 
ports be constructed by 2010. In addition, there are more than 100 pri- 
vately-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 congres- 
sional district plus two at-large members. The council 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 



381 

advantage of matching funds, the Public Transportation Division, estab- 
lished in 1975, coordinates programs and initiatives 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 dis- 
abled. The staff helps provide training for transit drivers across the state 
using a mobile, self-contained employee development center called "THE 
BUS." The division also promotes public transit as an alternative form of 
transportation that is safe, convenient, economical and environmentally 
sound, helping to reduce traffic congestion and improve air quality. 
Planning for regional public transit services is becoming increasingly 
important to help meet the demands of commuter traffic in larger metro- 
politan areas. In 1993, the Public Transportation Division helped to initi- 
ate the state's regional commuter bus service in the Triangle Area. 

□ Rail Division: Railroads were the early backbone of North Carolina's 

transportation system and they continue to play a vital role in transport- 
ing passengers and freight in the state's transportation network. NCDOT 
began working in 1997 to promote, protect and improve the state's rail- 
road system. The Rail Division administers a revitalization program to 
maintain service on light-density branch lines and purchase inactive rail 
corridors to protect them from abandonment and preserve them for future 
use. The division also administers a program that assists with construc- 
tion of industrial access spurs. 

In 1992, the U.S. Department of Transportation designated the 
Washington, D.C.-Raleigh-Charlotte rail corridor as one of five national 
future high-speed rail corridors. Efforts have begun to modernize the cor- 
ridor through improvements to railroad tracks and stations that will allow 
higher-speed rail traffic and shorter travel times between Charlotte, 
Raleigh and the Northeast. 

The Rail Division staff works with local communities and railroad com- 
panies to improve safety at railroad/highway intersections by using inno- 
vative new technologies and closing redundant or unsafe crossings. In 
partnership with Amtrak, the Rail Division provides, promotes and 
improves inter-city rail passenger service on the state-sponsored 
Carolinian and state-owned Piedmont trains. 

G Ferry Division: The Ferry Division is the second largest state-owned and 

operated ferry system in the United States and one of the oldest services 
provided by NCDOT. The state began subsidizing a few private ferry 
shuttle routes in 1934. The state transportation department started regular 
ferry service operations in 1947. Given division status in 1974, the Ferry 
Division owns and operates 25 vessels at 13 locations along North 



382 

Carolina's coast. It also maintains an in-house shipyard at Manns Harbor 
for all repair work. 

The 13 operations support seven ferry routes that provide year-round 
transportation for pedestrians, cyclists and vehicle passengers. Thanks to 
a thriving tourist economy, as well as regular commuters, the division 
transports about 800,000 vehicles and 2 million passengers each year. 

□ Office of Bicycle and Pedestrian Transportation: Walking is the most 
common form of transportation in North Carolina and bicycling remains 
the fastest-growing mode of transportation. The General Assembly creat- 
ed the Bicycle Program in 1974, making it the oldest program of its kind 
in the nation. The Bicycle Program has since 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 ensure that 
North Carolina citizens have the best transportation choices available. 
The program provides technical assistance and funding to cities and 
towns throughout North Carolina for safe and desirable bicycle and 
pedestrian facilities, as well as comprehensive education and training 
opportunities in bicycle and pedestrian safety. The majority of the state's 
communities with populations exceeding 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 Office of Beautification encourages North 
Carolina citizens to take an active role in reducing litter along the road- 
ways and in their communities. Since the Adopt-A-Highway Program 
began in 1988. more than 14,000 miles of state-maintained roads have 
been adopted by 7,000 volunteer groups and 200,000 participants. This 
active participation makes North Carolina's program the largest anti-lit- 
tering effort of its kind in the nation and saves taxpayers $3 million each 
year. Many groups now recycle 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. 

Q Scenic Byways Program: NCDOT has designated 38 scenic byways to 

give visitors and residents the opportunity to explore some of North 



383 

Carolina's finest less-traveled routes. The routes encompass North 
Carolina history, geography and culture, by taking motorists along cas- 
cading waterfalls, rich marshlands, sheer cliffs, outdoor dramas, aquari- 
ums, museums, old battlegrounds and state parks. Varying in length from 
three to 173 miles, the designated scenic byways cover more than 1,600 
miles of North Carolina roadways. 

□ Work Zone Safety Program: This program is designed to increase the 

awareness of potential dangers to both motorists and workers in highway 
work zones. Its central theme is "'Stay Alert." The program has devel- 
oped a video specifically for the trucking industry that identifies the haz- 
ards of work zones from a trucker's eyes. Division staff make presenta- 
tions to groups promoting the concept of safety in work zones. By con- 
stantly seeking new and innovative methods of communicating the safe- 
ty message across the state, the program seeks to lower the number of 
accidents in highway work zones. 

Boards and Commissions 
Governor's Highway Beautification Council 
North Carolina Aeronautics Council 
North Carolina Bicycle Committee 
North Carolina Board of Transportation 
North Carolina Rail Council 

For further information about the Department of Transportation, call: 

(919) 733-2522 

or visit the department's Web site at: 
http://www.dot.state.nc.us/ 



384 




E. Norris Tolson 

Secretary of Transportation 

Early Years 

Born in Tarboro on November 18, 1939, to 

Thomas L. and Effie Mae Proctor Tolson Sr. 



Educational Background 
South Edgecombe High School, 1958; B.S. 
in Crop Science and Agribusiness, N.C. 
State University, 1962. 



Professional Background 

Secretary, N.C. Department of Transportation, 1998-Present; Secretary, N.C. 
Department of Commerce, 1997-98; Vice-President, General Manager and Sales 
and Marketing Executive, E.I. DuPont, 1965-93. 

Political Activities 

Member, N.C. House of Representatives. 1994-96. 

Organizations 

United Way; Lions Club; Community Policing Initiatives; Hospice and Home 

Health Care; Future Farmers of America. 

Boards and Commissions 

President and Chair, Executive Committee, N.C. State University College of 
Education and Psychology Foundation; Past National President, Student 
Subdivision, American Society of Agronomy; Past President, North Carolina 
Future Farmers of America; Member, Student Senate, N.C. State University; 
President and Vice-President, Student Body, N.C. State University; Board of 
Directors, Centura Bank. 

Military Service 

First Lieutenant, Counterintelligence Corps, U.S. Army, 1963-65. 



Personal Information 

Married, Betsy Faye Cobb of Edgecombe County. Three children and two grand- 
children. Member and Certified Lay Speaker, United Methodist Church. 



385 

Secretaries of Transportation! 

Name Residence Term 

Fred M. Mills, Jr.2 Anson 1971-1973 

Bruce A. Lentz^ Wake 1973-1974 

TroyA. Doby* 1974-1975 

Jacob F. Alexander, Jr.^ 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. Harrelson^O Brunswick 1989-1993 

R. Samuel Hunt, III Alamance 1993-1995 

Garland Garrett Wake 1995-1998 

E. Norris Tolson Edgecombe 1998-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. 

^Mills was appointed by Governor Scott. 

•^Lentz was appointed on January 5, 1 973, 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. 

^^Harrelson was appointed by Governor Martin on December 15, 1989 to 
replace Harrington. 



386 

Office of the State Controller 

In 1986, the Office of the State Controller (OSC) was created by the General 
Assembly. The agency's head, the State Controller, is appointed by the governor 
and confirmed by the General Assembly for a seven-year term. Farris W. Womack 
was North Carolina's first state controller and served from February, 1987, to 
1988. Fred Wesley Talton served from 1988 to 1993. The current state controller, 
Edward Renfrow, took office on July 21, 1993. 

The State Controller is the state's chief financial officer and manages the 
North Carolina Accounting System (NCAS). The State Controller prescribes 
policies and procedures that support the NCAS and accomplish financial report- 
ing and management of the state's financial entity. The purpose of the NCAS is to 
maintain, for the benefit of central and agency managers, timely, reliable, accu- 
rate, consistent and complete financial, budgetary and management information 
on North Carolina state government. Two major divisions comprise the Office of 
the State Controller: 

G Financial Systems Division: The Financial Systems Division designs, 

develops, implements and maintains the policies, procedures and soft- 
ware that form the North Carolina Accounting System (NCAS). It pro- 
vides agency implementation, functional and technical systems adminis- 
tration, client support, and maintenance of NCAS. NCAS uses GEAC 
Enterprise Service (formerly Dun & Bradstreet Services, Inc. MARS/G 
"E" series) financial software that provides General Ledger, Budgetary 
Control, Purchasing, Inventory, Accounts Payable, Accounts Receivable, 
Fixed Assets, Project Tracking and Financial Controller database mod- 
ules. NCAS provides information access through the use of the main- 
frame-based, on-line, real-time inquiries, the GEAC Information Expert 
report generator. Report Management Distribution System on-line report 
viewing and printing and client/server-based SmartStream Decision 
Support System. 

G Statewide Accounting Division: The Statewide Accounting Division 

administers day-to-day and procedural control of agencies using NCAS. 
The division establishes and provides systems control over NCAS to 
ensure that all financial transactions are entered, balanced and reconciled. 
This division also researches technical accounting standards and incorpo- 
rates these standards into its financial reporting. Statewide accounting 
provides daily, monthly, quarterly and annual reporting on the financial 
condition and results of operations of the state. Another major responsi- 
bility involves administering the statewide cash management program. 



387 

which includes statewide appropriation and allotment control. Statewide 
Accounting operates a central payroll system, a Flexible Benefit Program 
and provides tax compliance, cost allocation and disbursing services to 
state agencies. 

The Office of the State Controller's Business Services provides adminis- 
trative support for the agency primarily in terms of fiscal and human 
resource management activities. Fiscal activities include recommending 
and administering all fiscal policies within OSC and accounting for all 
fiscal activity in accordance with the requirements of the Office of State 
Budget and Management, the Office of the State Controller and the Office 
of the State Auditor. Personnel activities include planning and adminis- 
tering a comprehensive human resources program in accordance with 
N.C. General Statute 126 and applicable federal statutes governing equal 
opportunity and salary administration. 

For more information about the Office of the State Controller, call: 

(919)981-5454 

or visit the department's Web site at: 
http://www.osc.state.nc.us/OSC/ 



388 




Edward Renfrew 

State Controller 



Early Years 

Bom in Johnston County, September 17, 

1940, to Donnie T. and Ulamae (Lewis) 

Renfrow. 

Educational Background 

Graduate, Clayton High School, 1958; 

Associate Degree in Business Administration 

with Accounting Major, Hardbarger Junior College; continued education through 

courses at Atlantic Christian College, Duke University and East Carolina 

University through Johnston Technical College. 

Profess ion a I Background 

Accountant, Edward Renfrow & Co. (1962-1980) 

Political Activities 

State Controller, 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. Member, Democratic Party. 

Organizations 

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 speaker); 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 



389 

Federation Board of Directors, Governmental Accounting Standards Board 
(GASB) Task Force on Pension Accounting and Reporting (1984-92); Member, 
U.S. General Accounting Office's Auditing Standards Advisory Council (1985- 
88); former Chair of Board of Trustees, Firemen's & Rescue Squad Workers' 
Pension Fund; Community College Advisory Council, 1977-78; Study 
Committee to Rewrite N.C. Game Laws, 1977-1979; N.C. Wildlife Commission, 
1977-79; Study Commission to Recodify Community College Laws, 1977-79; 
Commission on Public School Laws 1977; Governor's Commission on Public 
School Finance, 1978; N.C. Criminal Justice Education and Training Standards 
Commission, 1978-80. 

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. 



390 

State Controllers 

Name Residence Term 

Farris W. Womack 1987-1988 

Fred Wesley Talton Wake 1988-1993 

Edward Renfrow Johnston 1993-Present 



391 

State Board of Elections 

The framework of North Carolina's election laws was constructed in 1901. The 
statute governing primary elections dates from 1916. North Carolina enacted a 
version of the Australian Ballot in 1929 and the General Assembly passed the 
Corrupt Practices Act in 1931. The legislature revised the state's election laws 
substantially in 1933. The most recent major change in North Carolina election 
laws came in July, 1994, when the North Carolina General Assembly adopted 
N.C. General Statute Article 7A. This legislation places North Carolina in com- 
pliance with the National Voter Registration Act of 1993 (NVRA). 

The 1965 General Assembly authorized a seven-member commission to 
study and analyze the state's election procedures and ordered the commission to 
draft legislation that would clarify and simplify state election laws. Alex K. Brock 
was appointed as the first Executive Secretary-Director of the State Board of 
Elections and served from 1965 until 1993. The 1967 General Assembly adopted 
the changes recommended by the 1965 commission almost without alteration. 
After the 1 967 recodification, the state developed North Carolina's uniform loose- 
leaf registration system, which replaced the old unmanageable bound book sys- 
tem. Along with these new sophistications came the important audit trail to ensure 
the voters that elections were virtually free from fraud. 

In 1969 the General Assembly enacted a requirement that all 100 counties in 
North Carolina adopt full-time registration offices. This accomplishment 
required, for the first time ever in North Carolina history, that all counties operate 
an office for the specific purpose of administering election laws and registering 
voters. 

North Carolina implemented a uniform municipal election code in 1971. This 
act guaranteed that state voters need only register one time at one place to quali- 
fy to vote in any election in which they were eligible to vote. Prior to the adop- 
tion of the code, voters were registered on as many as five different sets of books. 

The General Assembly made the State Board of Elections an independent 
agency in 1974. As an independent state agency, it does not come under the juris- 
diction of any other department headed by an elected official. All members on the 
State Board of Elections are appointed by the governor for a term of four years. 
State law forbids more than three members of the same political party serving on 
the five-member board at any time. This requirement makes North Carolina's 
Board of Elections the only such state elections agency where bipartisan mem- 
bership is mandated by law. 

The State Board of Elections appoints all 100 county boards of elections, 
which are comprised of three members. State law requires that both major politi- 
cal parties be represented on the county boards. Each county board has a supervi- 
sor of elections who serves as the administrative head of the board of elections 



392 

and guides the election process in each county. The supervisor is selected by nom- 
ination to the State Board's Executive Secretary-Director, who must approve both 
the hiring and dismissal of each supervisor. 

The State Board of Elections conducts annual training sessions for members 
and supervisors of county boards of elections to prepare them in turn to conduct 
training sessions for precinct officials in their respective counties. These training 
sessions must be held once during each odd-numbered year before the municipal 
election held in the county. They must also be held once during each even-num- 
bered year before the first partisan primary and once during each even-numbered 
year after the partisan primaries, but before the general election. 

The state board supervises all elections conducted in any county, special dis- 
trict or municipality in North Carolina. There are 100 counties, more than 500 
municipalities and approximately 1,200 special districts in North Carolina. The 
state board develops rules and regulations that govern each election. Those rules 
and regulations include procedures for processing protests and complaints result- 
ing either before or after an election. Protests must first be tiled with the county 
board of elections of the county in which the protest originates. Filing is followed 
by a public hearing on the complaint and a decision to either uphold or deny the 
complaint. Any party to the original complaint may appeal a decision rendered by 
a county board of elections to the State Board of Elections for review or further 
proceedings. If sufficient evidence of fraud, election irregularities or violations is 
discovered through public hearings, the board may order a new primary, general 
or special election. 

The State Board of Elections determines the form and content of ballots, 
instruction sheets, abstract and return forms, certificates of election and other 
forms used in primaries and general elections. State law requires the board to print 
ballots that are distributed to all counties. The state board must certify all voting 
equipment. 

The board recommends any necessary or advisable changes in the adminis- 
tration of primaries and general elections to the governor and the General 
Assembly of North Carolina. The State Board of Elections undertakes various 
other duties and responsibilities. In 1994, the state board successfully initiated 
mail-in voter registration, a procedure that simplified the voter registration 
process for all North Carolinians. An agency voter registration program followed 
in January, 1995. This program allows citizens to register to vote when receiving 
various agency services. The board provides registration forms to more than 500 
designated voter registration sites throughout the state. These forms can be com- 
pleted at a designated voter registration location or mailed to the appropriate 
county board of elections. 

The State Board of Elections also administers the Campaign Reporting Act. 
Enacted in 1974, this law limits contributions and expenditures to and by politi- 
cal parties and political action committees. The Campaign Reporting Division of 



393 

the State Board of Elections receives registration applications from political 
action committees, political parties, candidates and all others involved in making 
contributions to or making expenditures on behalf of political parties and candi- 
dates. The law requires that periodic reports be filed with the Campaign Reporting 
Division, after which they must be audited. Late filers are assessed a daily penal- 
ty. If the report is still delinquent after five days, the office submits all relevant 
material to the appropriate district attorney, who is required to prosecute the vio- 
lator. 

For more information about the State Board of Elections, call: 

(919) 733-7173 

or visit the board's Web site at: 
http://www.sboe.state.nc.us/SBOE/ 



394 



Gary O. Bardett 

Executive Director/Secretary 

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. 



Profess ion a/ Backgro und 

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., Masonry Contractors, 1976-82. 

Honors and Awards 

Goldsboro 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. 



395 

Office of Administrative Hearing s 

During its 1985 session, the General Assembly rewrote the State Administrative 
Procedure Act (APA). This act is now codified as Chapter 150B of the General 
Statutes. Enacted in 1974, the Administrative Procedure Act (then Chapter 150A) 
was intended to safeguard citizens' interests by establishing for most state admin- 
istrative agencies uniform procedures for: 

^ Adopting, centrally filing and publishing agency rules. 

^ Hearing and deciding contested cases before those agencies. 

^ Judicially reviewing agency decisions. 

The Administrative Procedure Act is not the source of any agency's rule-making 
and decision-making powers. It restricts and the scope of powers that state law 
grants to state agencies. It defines their functions or directs them to carry out spec- 
ified activities. 

The 1985 action of the General Assembly reflected a legislative consensus that 
state executive branch agencies had too often exceeded the powers given them by 
the General Assembly. Legislators were particularly concerned that agencies were 
adopting rules not authorized by statute and imposing criminal penalties through 
enforcement of rules that the General Assembly had not authorized. The 1985 act 
also reflected the reality that merging the roles of investigator, prosecutor, and 
judge in a single administrative agency could lead to fundamental injustice. The 
General Assembly sought to curtail agency powers substantially and placed the 
exercise of those powers (which are, in fact, a delegation of legislative authority) 
under closer scrutiny by rewriting the Administrative Procedures Act significant- 

ly- 

The director of the Office of Administrative Hearings is appointed to a four-year 
term by the Chief Justice of the N.C. Supreme Court and serves as North 
Carolina's chief administrative law judge. The director appoints administrative 
law judges who may be removed only for just cause under the State Personnel 
Act. 

The Office of Administrative Hearings is an independent agency equivalent 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 person- 
nel, budget, payroll, purchase and contract, and computer systems operation, as 
well as its operating missions. The administration and operations of the office are 
performed by the following sections: 



396 

G Administrative Staff: The Administrative Staff performs ministerial 

activities involved in personnel, purchasing, payroll, budget, and public 
relations. 

G Adjudicative Staff: The Adjudicative Staff consists of the chief adminis- 

trative law judge, who is also the agency's director, and eight administra- 
tive law judges responsible for conducting hearings on various grievable 
issues covered under G.S. 150B. 

□ Hearings Staff: The Hearings Staff administers the contested case hear- 
ing provisions, the processing of cases and the collection, coding and tab- 
ulation of data related to cases. 

□ 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. 

□ Civil Rights Staff: The Civil Rights Division conducts investigations and 
seeks resolutions of discrimination cases deferred by the Equal 
Employment Opportunity Commission. 

These employees staff programs in the following divisions: 

Q 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 prevent the commingling 
of legislative, executive and judicial functions in the administrative 
process. It is given the judicial power necessary to carry out these func- 
tions. 

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. Only California, Colorado, Florida, 
Massachusetts, Minnesota, Missouri, New Jersey, Tennessee and 
Washington preceded North Carolina in adopting the central panel sys- 
tem. Hawaii, Iowa, Maryland, North Dakota, South Carolina, South 
Dakota, Texas, Wisconsin and Wyoming have since created similar 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, the person may initiate a contested case by filing a 
petition for a contested case hearing. This dispute resolution process is 
open to individual citizens, businesses and other state agencies. North 



397 

Carolina's executive branch has 25 primary state departments and 38 
occupational licensing boards. Except for a few agencies that are exempt- 
ed from the Administrative Procedures Act, Chapter 150B applies to all 
agencies, boards and commissions of state government. It does not, how- 
ever, apply to county or municipal governments. 

G Rules Division: The Rules Division administers Article 2A of the 

Administrative Procedure Act (G.S. 150B), which 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. All 
state agencies, with minor exceptions, must follow the uniform procedure 
for conducting public rule-making hearings, adopting proposed rules and 
filing the adopted rules for codification. Public notification of agency 
rule-making hearings occurs through a notice published in the North 
Carolina Register. 

The register is published semi-monthly and contains information relating 
to agency, executive, legislative and judicial actions required by or affect- 
ing Chapter 1 SOB. It includes all required notices and the text of proposed 
administrative rules and amendments. After formal adoption and 
approval by the Rules Review Commission, the rule is filed for codifica- 
tion in the North Carolina Administrative Code. This code is a compila- 
tion and index of the administrative rules of 26 state departments and 41 
occupational licensing boards. 

□ Civil Rights Division: The Civil Rights Division administers cases filed 

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 handling deferred dis- 
crimination charges. This division investigates and attempts to resolve 
allegations of discrimination against state employees or applicants for 
state employment through negotiation. 

For more information about the Office of Administrative Hearings, call: 

(919) 733-2691 

or visit the office's Web site at: 
http://www.state.nc.us/OAH/ 



398 

Office of State Personnel 

North Carolina's state government did not have a systematic or uniform person- 
nel system prior to 1925. There was no equality or consistency in the administra- 
tion of personnel policies. The General Assembly appropriated money in a lump 
sum to each agency and agency heads allocated it for operating expenses and 
salaries. Each agency set pay rates for its workers until 1907, when the legislature 
assumed authority over personnel matters, including acting on pay increases for 
individual employees. In 1921, the General Assembly turned salary administra- 
tion over to the governor and the Council of State, resulting in the establishment 
of a ''Salary Standardization Board." 

In 1925, the General Assembly established a five-member Salary and Wage 
Commission. The Commission found that in addition to inequitable salaries, there 
was a lack of uniformity among the various state government agencies in office 
hours, leave, holidays and job entrance requirements. The commission set classi- 
fications for all positions, grouped positions with similar duties together and 
established minimum and maximum salary ranges. Agency heads determined 
salaries. A 193 1 law abolished the Salary and Wage Commission and established 
a Department of Personnel within the Office of the Governor to handle classifi- 
cation, compensation and personnel policies. In 1933, these duties were trans- 
ferred to the Budget Bureau and the Department of Personnel was abolished. 
From 1933 to 1949, with no staff to deal exclusively with personnel problems, a 
great disparity in personnel standards once again developed between agencies. 

In 1938 a Supervisor of Merit Examinations was appointed to prepare a clas- 
sification plan and administer examinations for the N.C. Unemployment 
Compensation Commission as required by the Social Security Act of 1935. The 
act was amended in 1939 to include merit system coverage for other state agen- 
cies subsidized by federal funds. A Merit System Council was formed to admin- 
ister federal regulations and policies regarding competitive examinations, job 
standards and pay. 

The State Personnel Act of 1949 established a State Personnel Department 
with a personnel council and a director. The law also required each agency to des- 
ignate a personnel officer. From 1939 until 1965, the Merit System Council and 
the State Personnel Department operated independently of one another. In 1965, 
the General Assembly passed a new State Personnel Act that consolidated the two 
agencies and created a seven-member State Personnel Board. Between 1965 and 
1975, a number of revisions and additions were made to the act. The General 
Assembly significantly revised the act in February, 1976, to provide for a seven- 
member commission, rather than a board. The new commission issued binding 
corrective orders in employee grievance appeals procedures. 



399 

The Office of State Personnel's (OSP) serves the interests of state employees; 
manages programs established by the governor, the General Assembly and the 
State Personnel Commission; and provides specific services to the general public. 
OSP seeks recommendations and input from the Personnel Roundtable, which is 
made up of all agency and university personnel officers. The roundtable meets at 
least three times a year to review and discuss new or revised personnel policies. 
Numerous other statewide committees representing various disciplines concen- 
trate on specific subject areas. Public hearings are held before the State Personnel 
Commission (SPC) meetings for further input and discussion of proposed poli- 
cies. 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 establishes policies and pro- 
cedures governing personnel programs and employment practices for approxi- 
mately 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. 

The State Personnel Director leads the Office of State Personnel and its staff 
of personnel professionals. The director advises the governor, elected and 
appointed department heads and university chancellors on personnel policies. The 
director also participates in cabinet and executive cabinet meetings. He or she 
meets with legislative members, professional groups and employee groups to pro- 
mote sound personnel management practices. The director serves in national pro- 
fessional organizations as the representative of North Carolina state government. 
The director and senior staff members develop new policies or revise existing 
policies and procedures based on acceptable principles of personnel administra- 
tion and applying the best methods established by government and private indus- 
try. A staff of approximately 110 employees carries out the services and programs 
of the Office of State Personnel: 

Q Director's Office: The office provides guidance on personnel system 

policies, guidelines, procedures and programs to legislators, managers, 
supervisors and agency personnel staff. Other responsibilities include 
monitoring personnel problems within state government, as well as fed- 
eral laws and policies affecting personnel administration and ratified bills 
of the N.C. General Assembly. The office administers the Performance 
Management Programs. Policy development, interpretation and coordina- 
tion of all personnel policies 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: This division administers and revises 



400 

policies pertaining to salary, leave, holidays and other conditions of 
employment. The Personnel Management Information System (PMIS), 
an on-line database system, provides a means for generating various man- 
agement reports. The division also provides OSP's systematic adminis- 
tration 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: This division pro- 

vides a variety of training programs, including management and supervi- 
sory skills development, computer technology and the Pre-Retirement 
Employees' Planning Program (PREPARE). The division serves as the 
central training agency for state government and works collaboratively 
with department and university training coordinators to develop training 
systems. It provides every state agency with the capacity to train middle 
managers and supervisors to competently manage their employees and to 
plan, develop and implement a professional skills program that addresses 
employee development needs common to all state government depart- 
ments and universities. The division also coordinates and manages the 
Governor's Awards for Excellence service awards and statewide employ- 
ee and management publications. The division's media section provides 
consultation and some technical assistance with media production upon 
request and as time permits. 

G Employee Risk Control Services: This division, through the Workplace 

Requirements Program and State Government Workers' Compensation 
Program, provides staff services for the development, implementation 
and monitoring of agency participation in programs involving workplace 
safety and health and workers' compensation. It provides technical assis- 
tance to agencies and education for employees through other resources in 
state government. The division seeks to eliminate exposure to unsafe con- 
ditions and work practices and to return employees to productive employ- 
ment in a consistent 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. 

G Employee Services Division: This division provides administrative sup- 

port to the State Personnel Commission by preparing and managing the 
case docket of contested employee grievance cases received from the 
Office of Administrative Hearings. The division advises the commission 
and prepares final decisions and orders in such cases. The division also 



401 

advises management and employees on the grievance procedures process, 
wage and hour laws and statutes affecting re-employment. This division 
is concerned with statutory priorities for veterans' preference, internal 
promotion, the return of policy-makers to career service and reductions in 
force. The Employee Services director serves as OSP's liaison with the 
General Assembly. The liaison tracks personnel and benefits legislation 
that may affect state employees. The division director also keeps OSP 
management apprised of legislative impacts and progress. The State 
Employees' Assistance Program, a comprehensive management support 
system focusing on resolving personal issues that impact adversely on 
overall productivity, is also housed here. 

Equal Opportunity Services: This division strives to help state govern- 
ment 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 create a 
work force that reflects the diversity of North Carolina's citizenry using 
specialized program services as a catalyst for change. The division 
assesses state agencies and universities to determine the effectiveness of 
their 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: Position Management establishes and 
maintains position classification and pay systems for approximately 
83,600 positions subject to the State Personnel Act. The program ensures 
equitable and competitive classification and pay relationships for posi- 
tions based upon the type and level of work and labor market demands. It 
analyzes, consults and negotiates individual position action requests sub- 
mitted from a variety of agencies and universities statewide. 

For more information about the Office of State Personnel, call: 

(919) 733-7108 

For more information on the Employee Assistance Program, call: 

(800) 543-7327 

You can visit the office's Web site at: 
http://www.osp.state.nc.us/OSP/ 



402 

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 

Ligon High School; University of Delaware; N.C. A&T State University; UNC- 

Chapel Hill, School of Law. 

Professional Background 

Senior Managing Partner, Penny & Barnes Law Firm; Lecturer and Legal Counsel 
to the Chancellor of Elizabeth City State University; Attorney, E.I. du Pont de 
Nemours and Company, Inc.; Agricultural Economic Intern, N.C. Department of 
Agriculture; Economic Researcher, U.S. Agency for International Development, 
U.S. Department of State, Washington, D.C.; Quality Control Intern, Mead 
Corporation; Radio Announcer; Loading Dock Worker; Tax Auditor. 

Boards and Commissions 

North Carolina Chapter, International Personnel Management Association; State 
Personnel System Study Commission; Committee on Governor's Conferences on 
Library and Information Services; Governor's Committee on Data Processing and 
Information Systems. 

Organizations 

N.C. Bar; N.C. Association of Black Lawyers; Admitted to Practice in the fol- 
lowing 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 



403 

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. 



404 

State Directors of Personnel 

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 



Chapter Five 

The State 
Legislature 



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. No documentary proof, however, exists proving that this 
assembly actually met. Provisions for a representative assembly in Proprietary 
North Carolina can be traced to the Concessions and Agreements, adopted in 
1665, which called for an unicameral body composed of the governor, his coun- 
cil and twelve delegates selected annually to sit as a legislature. 

This system of representation prevailed until 1670, when Albemarle County 
was divided into three precincts. Berkeley Precinct, Carteret Precinct and 
Shaftsbury Precinct were apparently each allowed five representatives. Around 
1682, four new precincts were created from the original three as the colony's pop- 
ulation grew and the frontier moved westward. The new precincts were usually 
allotted two representatives, 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 privi- 
lege, followed by Bath, New Bern, Wilmington, Brunswick, Halifax, 
Campbellton (Fayetteville), Salisbury, Hillsborough and Tarborough. Around 
1735 Albemarle and Bath Counties were dissolved and the precincts became 
counties. 

The unicameral legislature continued until around 1697, when a bicameral 
form was adopted. The governor, or chief executive at the time, and his council 
constituted the upper house. The lower house, the House of Burgesses, was com- 
posed of representatives elected from the colony's various precincts. The lower 
house could adopt its own rules of procedure and elect its own speaker and other 
officers. It could, however, meet only when called into session by the governor 
and only at a location designated by him. Because the lower house held the power 
of the purse and paying the governor's salary, regular meetings of the legislature 
were held at least once during a two-year period (a biennium), and usually more 
often. Throughout the colonial period, the House of Burgess' control over the 
colony's finances fueled controversy between the governor and the lower house. 
The house wielded its financial control effectively throughout this period, contin- 
ually increasing its influence and prestige. 

This power struggle between the governor and his council on one hand and 
the colonial legislature on the other, had a profound effect on the structure of the 
new government created by North Carolina's first state constitution, adopted in 
1776. The General Assembly became the primary organ of government with con- 
trol over all other areas of government. The legislature wielded the constitutional 



406 

authority to elect all executive and judicial branch officials. The N.C. Senate and 
House of Commons conducted joint balloting to elect these officials. On many 
occasions, the elections for administrative and judicial officials consumed sub- 
stantial amounts of time when one candidate for a position could not muster a 
majority of votes from the legislators. The first break from this unwieldy proce- 
dure came in 1835, when a constitutional amendment changed the method for 
electing the governor. Instead of being elected by the legislature for a one-year 
term, the governor would henceforth be elected by the people for a two-year term. 
Another 33 years — and a devastating civil war and military occupation — would 
pass before the remaining state executive and judicial offices were elected by vote 
of the people. The postwar Constitution of 1 868 dramatically reduced the General 
Assembly's appointive powers over the other two branches of state government. 

The state constitution of 1776 created a bicameral legislature with members 
of both houses elected by the people. The N.C. Senate had one representative 
from each county, while the N.C. House of Commons had two representatives 
from each county and one from each of the towns given representative status in 
the constitution. This scheme continued until 1835, when voters approved sever- 
al constitutional changes to the legislative branch. Membership in the Senate was 
set at 50 with senators elected from districts. The state was divided into districts 
with the number of senators based on the population of each individual district. 
The membership of the House of Commons was set at 120 with representation 
based on the population of the county. The more populous counties had more rep- 
resentatives, but each county was entitled to at least one representative. 
Representation in each house would be adjusted based on the federal census taken 
every ten years. The General Assembly retained the power to adjust districts and 
representation. 

In 1868, a new constitution was adopted, leading to more changes in the leg- 
islative branch. The bicameral structure was retained, but the name of the lower 
house was changed from the House of Commons to the House of Representatives. 
The new constitution eliminated the property qualification for holding office, 
opening up opportunities for less wealthy North Carolinians to serve. The Office 
of Lieutenant Governor re-appeared for the first time since 1776. The lieutenant 
governor, elected by the people, would now serve as president of the Senate. He 
would also take office as governor if the incumbent governor could not continue 
in office for any reason. The N.C. Senate members could also elect a president pro 
tempore from among their ranks. The president pro-tem chaired the Senate ses- 
sions in the absence of its president. 

In 1966, the House of Representatives adopted district representation similar 
to the Senate's arrangement. Although the total number of representatives stayed 
at 120, every county was no longer guaranteed a representative. Instead, the 
requirement to maintain a rough equality of population size between districts 
resulted in counties with lower populations losing their resident representative. 



407 

The switch to a district format left nearly one-third of the state's counties with no 
resident legislator. 

Prior to Raleigh's designation as North Carolina's permanent capital in 1792, 
the seat of government moved from town to town with each new General 
Assembly, a pattern established during the colonial period. Halifax, Hillsborough, 
Fayetteville, New Bern, Smithfield and Tarborough all served as the seat of gov- 
ernment between 1776 and 1794. The Assembly of 1794-95 was the first legisla- 
tive session to meet in Raleigh. 

The buildings used as meeting places for the colonial and early general 
assemblies varied as much as their location. If the structure was big enough to 
hold the legislators, it was pressed into use. Courthouses, schools and even local 
residences served as legislative buildings. Tryon Palace in New Bern was North 
Carolina's first capitol building. Completed in 1771, the palace was abandoned 
during the Revolutionary War because of its exposure to enemy attack. When 
Raleigh became the permanent state capital, the General Assembly approved the 
construction of a simple, two-story brick state house. This structure, completed in 
1796, served as the General Assembly's home until a fire gutted it in 1831. The 
legislature approved a new capitol building and construction on the current capi- 
tol was complete in 1840. The first session to convene in the capitol opened on 
November 16, 1840. Construction of the current legislative building started in 
early 1961. The first session held in the new building convened on February 6, 
1963. 

The organizational structure of state government established by the 
Constitution of 1868 remained basically unchanged with the adoption of the 
state's third constitution in 1971. As one of the three branches of government 
established by the constitution, the legislative branch is equal with, but independ- 
ent of, the executive and judicial branches. It is composed of the General 
Assembly and its administrative support units. The North Carolina constitution 
gives the General Assembly legislative, or law-making, power for the entire state. 
This means, in the words of the state's Supreme Court, 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 certain 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 
criminal law in North Carolina. 

Legislators in both the N.C. Senate and House of Representatives stand for 
election every two years in even-numbered years. Members of both houses are 
drawn 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 
or she wants to represent for at least one year prior to the election. Candidates 
must be registered to vote in North Carolina. Senate candidates must be at least 



408 

25 years old on the date of the election and a resident of the state for two years 
immediately preceding the election. House candidates 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 voters in 1982 set the first day of 
January following the November general election as the date legislators official- 
ly take office. Prior to the amendment, legislators took office immediately fol- 
lowing the November election. 

Each house of the legislature elects a principal clerk, a reading clerk and a ser- 
geant-at-arms, as well as its own officers. The president of the Senate (lieutenant 
governor) presides over its sessions. A president pro-tem, elected by senators 
from among their membership, presides over the Senate in the absence of the lieu- 
tenant governor. The speaker of the House of Representatives 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 of each 
party. 

Much of the General Assembly's legislative work occurs through standing 
committees. Shortly after the start of every legislative session, the leadership in 
each house forms standing committees, appointing members of their respective 
house to the committees. Since 1989, the president pro-tem has appointed Senate 
committees, a duty traditionally given the president of the Senate. The speaker of 
the House appoints committees in that chamber. These leaders often make com- 
mittee assignments based on legislators' interests and expertise. In the most recent 
session, there were 20 standing committees in the Senate and 24 in the House. 

The Legislative Services Commission manages the General Assembly's 
administrative staff, the Legislative Services Office. The president pro-tem 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 or her respective 
house to serve on the commission. The commission employs a legislative servic- 
es officer who serves as chief staff officer for the commission. The Legislative 
Services Office has five support divisions, each managed by a director appointed 
by the Legislative Services Commission: 

□ Administrative Division: The Administrative Division's primary role is 

to provide logistical support to the General Assembly in a variety of areas 
such as budget preparation and administration, building maintenance, 
equipment and supplies, mailing operations, printing (including printed 
bills) and a host of other services. 

G Information Systems Division: The Information Systems Division 

designs, develops and maintains a number of computer applications used 
by the General Assembly staff. Legal document retrieval, bill status 
reporting, fiscal information systems, office automation and electronic 



409 

publishing are all functions of the division. A Legislative Services 
Commission sub-committee sets policies governing the division's opera- 
tion and access to the Legislative Computer Center. 

G Bill Drafting Division: The Bill Drafting Division assists legislators by 

preparing bills for introduction. Staff attorneys draft the bills and make 
sure they are entered into the computer and printed. They also make sure 
that the proper number of copies of draft bills are delivered to the intro- 
ducing legislator. Division staff follow numerous guidelines to ensure 
confidentiality. 

Ul Fiscal Research Division: The Fiscal Research Division serves as the 

research and watchdog arm of the General Assembly on fiscal and com- 
pliance matters regarding state government. Its statutory duties include 
fiscal analysis, operational reviews and reporting. 

□ Research Division: The Research Division obtains information and 

makes legal and non-fiscal analyses of subjects affecting and affected by 
state law and government. Individual legislators and standing committee 
of the General Assembly alike can request the division's services. 
Division staff also answer questions from other North Carolina and sister 
state agencies and private citizens. 

For more information about the Legislative Services Office, call: 

(919) 733-4111 

or visit the office's Web site at: 
http://www.ncga.state.nc.us/ 



410 




George Rubin Hall, Jr. 

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; Bachelor's of Science, Campbell College, 
1964; Post-graduate work in Public Personnel Administration, N.C. State 
University; Government Executives Institute. UNC-Chapel Hill, 1982. 

Profess I on a I Background 

Legislative Services Officer, 1979-Present; 14 years, N.C. Division of Vocational 
Rehabilitation; former Administrative Officer with N.C. General Assembly; 
Licensed Building Contractor; Licensed Real Estate Broker. 

Organizations 

National Rehabilitation Association; N.C. Rehabilitation Association. 

Boards and Commissions 

Fiscal Affairs and Government Operations. Southern Legislative Conference; 
Legislative Organization and Management Committee, National Conference of 
State Legislators; former member. Wake County School Board Advisory Council; 
Manpower Area Planning Council, Region J, 1972-73. 

Military Service 

Staff Sgt., N.C. Army National Guard, 1959-60 (active duty), 1960-65 (reserve 

duty). 



Personal Information 

Married, Carolyn Marie Young of Raleigh on June 26, 1960. Children: George 
Rubin III, W. Gregory and Carolyn Elizabeth. Member, Longview Baptist 
Church, Raleigh, N.C. 



411 

The 1997 General Assembly 

The 1997 General Assembly, North Carolina's 142nd, convened in the respective 
chambers of the Senate and House of Representatives in the Legislative Building 
in Raleigh at noon on January 29. The opening of the session was convened 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 elimina- 
tion of the constitutionally fixed date. The assembly now convenes on the first 
Wednesday after the second Monday in January after the November election. The 
1997 General Assembly adjourned on Thursday, August 28, 1997, 212 days after 
it convened. 

Women in the General Assembly 

Lillian Exum Clement of Buncombe County was the first woman to serve in the 

General Assembly. Clement served in the 1921 House of Representatives. Since 

then, more than 101 women have served in the General Assembly. There were 29 

women in the 1997 General Assembly, six in the Senate and 23 in the House of 

Representatives. 

Representative Ruth M. Easterling, a Democrat form Mecklenburg County, 
became one of the longest-serving women in the General Assembly during the 
1997 session. Representative Easterling, currently in her eleventh term, tied for- 
mer Senator Lura S. Tally, a Democrat from Cumberland County, and Former 
Representative Jo Graham Foster, a Democrat from Mecklenburg County, for the 
longevity record. 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. Senator Cochrane is in her ninth term in the General Assembly, having 
served from 1981-88 in the House and 1989-Present in the Senate. 

Minorities in the General Assembly 

During Reconstruction — and particularly after the adoption of the Constitution of 
1868 — minorities were elected to the General Assembly for the first time in the 
state's history. 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 con- 



412 

servative Democrats regained power following the end of Reconstruction, 
African-American representation in the General Assembly disappeared for near- 
ly one hundred years. Henry E. Frye of Guilford County became the first African- 
American to serve in the General Assembly during this century when he was 
elected to the House of Representatives in 1969. Twenty-four African- Americans 
served in the 1997 General Assembly, seven in the Senate and 17 in the House of 
Representatives. Representative Frye still holds the record for most terms served 
in the General Assembly by an African-American. He has served six terms in the 
House of Representatives and one in the Senate. The House's only current mem- 
ber of Native American descent is Rep. Ronnie Sutton of Robeson County 
(Democrat, 85th House District). 

Miscellaneous Facts and Figures 

The oldest member of the 1997 Senate was R. L. Martin (11/8/18), a 
Democrat from Pitt County. The youngest member of the 1997 Senate was Daniel 
Page (10/13/66), a Republican from Harnett County. The oldest member of the 
1997 House of Representatives was Ruth Easterling (12/26/10). a Democrat from 
Mecklenburg County. The youngest member of the 1997 House of 
Representatives was Wayne Goodwin (2/22/67), a Republican from Richmond 
County. The senator with the longest tenure is R.C. Soles, Jr., a Democrat from 
Columbus County, serving his fifteenth term - four in the House and 1 1 in the 
Senate. The representative with the longest tenure is Liston B. Ramsey, a 
Democrat from Madison County, who is serving his eighteenth term, all in the 
House. Representative Ramsey has now tied the all-time record for longevity in 
service. The record is also held by former state Representative Dwight Quinn, a 
Democrat from Cabarrus County, who served all of his eighteen terms in the 
House. 

Salaries of Legislators 

Members of the 1997 General Assembly received a base salary of $13,951 
per year and a monthly expense allowance of $559. The speaker of the House and 
the president pro-tempore of the Senate each received a base salary of $38,151 per 
year and a monthly expense allowance of $1,413. The Senate deputy pro-tempore 
and the speaker pro-tempore of the House each received base salaries of $21,739 
and monthly expense allowances of $836. The majority and minority leaders of 
each house received $17,048 in base salary and monthly expense allowances of 
$666. During the legislative session and when they are carrying out the state's 
business, all legislators receive a subsistence allowance of $104 per day and a 
travel allowance of $.29 per mile. 



413 

1997 North Carolina Senate 

Officers 

President (Lieutenant Governor) Dennis A. Wicker 

President Pro Tempore Marc Basnight 

Deputy President Pro Tempore Frani^ W. Ballance, Jr. 

Majority Leader Roy A. Cooper III 

Minority Leader Robert G. Shaw 

Majority Whip Leslie J. Winner 

Minority Whip Hugh Webster 

Principal Clerk Janet B. Pruitt 

Reading Clerk LeRoy Clark, Jr. 

Sergeant at Arms Cecil Goins 

Senators 

Name District County Address 

Albertson, Charles W (D) 5th Duplin Beulaville 

Allran, Austin M. (R) 26th Catawba Hickory 

Ballance, Frank W., Jr. (D) 2nd Warren Warrenton 

Ballantine, Patrick J. (R) 4th New Hanover Wilmington 

Basnight, Marc (D) 1st Dare Manteo 

Blust, John M. (R) 32th Guilford Greensboro 

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 

Cooper, Roy A. Ill (D) 10th Nash Rocky Mount 

Dalton, Walter (D) 37th Rutherford Rutherfordton 

Dannelly, Charlie Smith (D) 33rd Mecklenburg Charlotte 

East, Don W. (R) 12th Surry Pilot Mountain 

Forrester, James (R) 39th Gaston Stanly 

Foxx, Virginia (R) 12th Watauga Banner Elk 

Garwood, John A. (R) 27th Wilkes North Wilkesboro 

Gulley, Wib (D) 13th Durham Durham 

Hartsell, Fletcher L., Jr. (R) 22nd Cabarrus Concord 

Horton, Hamilton C, Jr. (R) 20th Forsyth Winston-Salem 

Hoyle, David W. (D) 25th Gaston Gastonia 

Jenkins, Thomas K. (D) 29th Macon Franklin 

Jordan, Luther Henry, Jr. (D) 7th New Hanover Wilmington 



414 

Kerr, John H., Ill 8th Wayne Goldsboro 

Kinnaird, Eleanor (D) 16th Orange Carrboro 

Ledbetter, Jesse Ingram (R) 28th Buncombe Asheville 

Lee, Howard N. (D) 16th Orange Chapel Hill 

Lucas, Jeanne Hopkins (D) 13th Durham Durham 

Martin, R.L. (D) 6th Pitt Bethel 

Martin, William N. (D) 31st Guilford Greensboro 

McDaniel, James Mark (R) 20th Forsyth Pfafiftown 

Miller, Brad (D) 14th Wake Raleigh 

Moore, Kenneth R. (R) 27th Caldwell Lenoir 

Odom, Thomas L., Sr. (D) 34th Mecklenburg Charlotte 

Page, Daniel E. (R) 15th Harnett Coats 

Perdue, Beverly E. (D) 3rd Craven New Bern 

Phillips, Jim W., Sr. (D) 23rd Davidson Lexington 

Plyler, Aaron W. (D) 17th Union Monroe 

Purcell, William R. (D) 17th Scotland Laurinburg 

Rand, Anthony E. (D) 24th Cumberland Fayetteville 

Reeves, Eric M. (D) 14th Wake Raleigh 

Rucho, Robert A. (R) 35th Mecklenburg Matthews 

Shaw, Robert G. (R) 19th Guilford Greensboro 

Shaw, Larry (D) 41st Cumberland Fayetteville 

Soles, R.C., Jr. (D) 18th Columbus TaborCity 

Warren, Ed N. (D) 9th Pitt Greenville 

Webster, Hugh (R) 21st Caswell Yanceyville 

Weinstein, David (D) 30th Robeson Lumberton 

Wellons, Allen H. (D) 1 1th Johnston Smithfield 

Winner, Leslie 40th Mecklenburg Charlotte 



415 

Leaders of the Senate 



Speakers of the Senate 

Assembly Senator County 

1777 Samuel Ashe New Hanover 

1778 Whitmel Hill Martin 

1778 Allen Jones Northampton 

1779 Allen Jones Northampton 

1779 AbnerNash Jones 

1780 AbnerNash Jones 

1780 Alexander Martin Guilford 

1781 Alexander Martin Guilford 

1782 Alexander Martin Guilford 

1782 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 

1789 Charles Johnston Chowan 

1790 William Lenoir Wilkes 

1791-92 William Lenoir Wilkes 

1792-93 William Lenoir Wilkes 

1793-94 William Lenoir Wilkes 

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 



416 

Assembly Senator County 

1808 Joseph Riddick Gates 

1809 Joseph Riddick Gates 

1810 Joseph Riddick Gates 

1811 Joseph Riddick Gates 

1812 George Outlaw Bertie 

1813 George Outlaw Bertie 

1814 George Outlaw Bertie 

1815 John Branch Halifax 

1816 John Branch Halifax 

1817 John Branch Halifax 

1817 Bart lett Yancey Caswel 

1818 Bartlett Yancey Caswel 

1819 Bartlett Yancey Caswel 

1820 Bartlet Yancey Caswel 

1821 Bartlett Yancey Caswel 

1822 Bartlett Yancey Caswel 

1823-24 Bartlett Yancey Caswel 

1824-25 Bartlett Yancey Caswel 

1825-26 Bartlett Yancey Caswel 

1826-27 Bartlett Yancey Caswel 

1827-28 Bartlett Yancey Caswel 

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 Hugh Waddell 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 WeldonN. Edwards Warren 

1852 Weldon N. Edwards Warren 

1854-55 Warren Winslow Cumberland 

1856-57 William W.Avery Burke 



417 

Assembly Senator County 

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 JohnL. King Guilford 

1895 E. L. Franck, Jr Onslow 

1897 

1899-1900 R. L. Smith Stanly 

1899-1900 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 

1923-24 William L. Long Halifax 

1925 William S. H. Burgwyn Northampton 

1927 William L. Long Halifax 

1929 Thomas L. Johnson Robeson 



418 

Assembly Senator County 

1931 Rivers D. Johnson Duplin 

1933 William G. Clark Edgecombe 

1935 Paul D. Grady Johnston 

1937-38 Andrew H. Johnston Buncombe 

1937-38 James A. Bell Mecklenburg 

1939 Whitman E. Smith Stanly 

1941 John D. Larkins, Jr Jones 

1943 John H. 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 

1971 Gordon P Allen Person 

1973-74 Gordon R 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 R Barnes Wayne 

1990-91 Henson R Barnes Wayne 

1992-Present Marc Basnight Dare 

^The state constitution of 1868 abolished the office of speaker of the Senate, 
instead creating the office of lieutenant governor with similar duties and 
functions. The lieutenant governor presides over the Senate and is called "the 
president of the Senate" when serving in this capacity. Senators also elect one 
of their members to serve as president pro-tempore during periods when the 
lieutenant can not preside. 



419 




420 

Marc Basnight 



President Pro-Tempore of the N.C. Senate 

Democrat, Dare County 

First Senatorial District: Camden, Chowan, Currituck, Dare, 

Hyde, Pasquotank, Perquimans, Tyrrell cmd portions of 

Beaufort, Bertie cmd Washington counties. 

Early Years 

Born in Manteo, Dare County, May 13,1 947, to St. Clair and Cora Mae (Daniels) 

Basnight. 

Educational Background 
Manteo High School, 1966. 

Professional Background 

Part Owner and President of Basnight Construction Company, Manteo. 

Political Activities 

Member, N.C. Senate, 1985-86, 1987-88, 1989-90, 1991-92, 1993-1994, 1995- 

96, 1997-Present. 

Organizatiofis 

32nd-Degree Mason; Member of the York Rite, Scottish Rite and Sudan Temple; 

First in Flight Society. 

Boards and Commissions 

North Carolina Board of Transportation, representing Camden, Chowan, 

Currituck, Dare, Pasquotank and Perquimans Counties, 1977-83. 

Honors and Awards 

Paul Harris Fellow; Dare County Jaycees Citizen of the Year, 1980; Outer Banks 
Chamber of Commerce Citizen of the Year, 1983; Dare Day Citizenship Award, 
1974 and 1987; Nature Conservancy 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. 



421 



Committee Assignments 

Ex-Officio member of all standing Senate committees. 



422 




Frank. W. Ballance, Jr. 

Deputy President Pro-Tempore 



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-Present (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-Present; Member, N.C. House of Representatives 
1983-86; 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-Present; 

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, 



423 

and Valerie Michelle. Member, Greenwood Baptist Church, Warrenton; Chair, 
Board of Deacons. 

Committee Assignments 

Chair, Select Committee on the Future of the Courts; Vice-Chair, Appropriations 
on Justice and Public Safety. Member, Appropriations Base Budget Commerce, 
Judiciary, State and Local Government and Personnel, Ways and Means, Select 
Committee on Congressional Redistricting, Select Committee on Session Limits. 



424 




Roy A. Cooper III 

Senate Majority Leader 

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; Bachelor of Arts, UNC-Chapel Hill, 

1979; J.D., UNC-Chapel Hill, 1982. 

Professional Background 

Attorney and Partner, Fields & Cooper, Rocky Mount. 

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, 1994-1996; Co-Chair, N.C. Senate 
Committee, 1996-Present. 

Organizations 

Rocky Mount Jaycees; Chamber of Commerce; Tar River Chorus and Orchestra 
Society, Board of Directors; United Way, Board of Directors; American Heart 
Association, Board of Directors; Red Cross; Board of Directors, Visions, Inc.; 
N.C. Bar Association; N.C. Academy of Trial Lawyers. 

Boards and Commissions 

Fornier, 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 N.C, 

1994-1996. 



Honors and Awards 

Morehead Scholar; UNC Order of Golden Fleece, Grail, and Old Well; Order of 



425 

the Long Leaf Pine State Honor Society; Freedom Guard Award (N.C. Jaycees); 
Distinguished Service Award (Rocky Mount Jaycees); LTNC-Chapel Hill 
Outstanding Alumnus Award. 

Personal Information 

Married, Kristin B. Cooper. Children: Hilary, Natalie and Claire. Member and 

Deacon, First Presbyterian Church, Rocky Mount. 

Committee Assignments 

Chair, Judiciary, Select Committee on Congressional Redistricting, Select 
Committee on Session Limits; Vice-Chair, Finance; Member, 
Agriculture/Environment/Natural Resources, Children and Human Resources, 
Education/Higher Education, Rules and Operation of the Senate, Select 
Committee on the Future of the Courts. 




426 

Robert G. Shaw 

Senate Minority Leader 

Republican, Guilford County 
Nineteenth Senatorial District: Portions of 
Davidson, Guilford and Randolph counties 

Early Years 

Bom in Erwin, Harnett County, November 22, 1924, to R.G.B. and Annie Byrd 
Shaw. 

Educational Background 

Campbell College; UNC-Chapel Hill. 

Profess ional Backgro und 
Restaurateur. 

Boards and Commissions 

Chair. N.C. Council on Community and Economic Development, 1975-77; 
Member, Natural and Economic Resources Board, 1975-77; Member, N.C. 
Advisory Budget Committee; Member, Joint Legislative Committee on 
Governmental Operations. 

Political Activities 

Member, N.C. Senate, 1985-Present; N.C. Republican Party Chair, 1975-77; 
Republican National Committee, 1975-77; County Commissioner, Guilford 
County, 1968-76 (former Chair). 

Military Service 

U.S. Army Air Corps, 1943-46. 

Personal Information 

Married, Linda Owens of Jamestown, 1981. Children: Ann (Shaw) Hewett and 
Barbara (Shaw) Twining. Grandsons: Robert C. Hewett, John Christopher 
Hewett, James V. Twining, Jr., John Robert Twining, Michael Twining, and 
Steven S. Twining. Member, Presbyterian Church, Greensboro. 

Committee Assigtiments 

Vice Chair, Finance; Member, Commerce, Judiciary, Pensions and Retirement and 

Insurance, State and Local Govemment and Personnel; Select Committee on Session Limits. 




427 

Leslie Jane Wnner 

Senate Majority Whip 

Democrat, Mecklenburg County 

Fortieth Senatorial District: Portions of 

Mecklenburg County 

Early Years 

Born in Asheville, Buncombe County, October 24, 

1950, to Harry Winner and Julienne Marder Winner. 

Educational Background 

Lee H. Edwards High School, 1968; Brown University, Providence RI, A.B., 

1972; Northeastern University School of Law, J.D., 1976. 

Professional Background 
Attorney at Law. 

Political Activities 

Member, N.C. Senate, 1993-94, 1995-Present; Women's Political Caucus; 

Democratic Women's Club; State Democrat Party Executive Committee, 1981- 

87. 

Organizations 

Mecklenburg County Bar (Secretary-Treasurer, 1990-92); President, N.C. 
Association of Women Attorneys, 1982-83; N.C. Bar Association; N.C. Academy 
of Trial Lawyers; Permanent Member, 4th Circuit Judicial Conference; Rules 
Advisory Committee, 1988-Present; Director, National Conference of Christians 
& Jews, 1992-Present; Director, Children's Law Center, 1992-Present; Past 
President, Elizabeth Community Association; Volunteer Mediator, Charlotte 
Community Relations Committee; Volunteer, Friendship Troup and Amay James 
Elementary School. 

Personal Information 

Married, Kenneth Schorr, December 20, 1987. Children: Lilian liana Schorr. 

Temple Beth El. 

Committee Assignments 

Co-Chair, Appropriations on Education/Higher Education; Education/Higher 
Education; Vice-Chair, Children and Human Resources; Judiciary; Member: 
Appropriations, Base Budget, Finance, Select Committee on Congressional 



428 

Redistricting, Select Committee on the Future of the Courts; Select Committee on 
Session Limits. 



429 



Hugh B. Webster 

Senate Minority Whip 

Republican, Caswell County 

Twenty-First Senatorial District: Alamance, 

Caswell and Portions of Person counties 

Early Years 

Bom in Caswell County, August 6, 1943, to 

LeGrand and Kathleen Hicks Webster. 




Educational Background 

Bartlett Yancey High School, Yanceyville, 1961; N.C. State University, 1962-63; 
B.S. in Business, UNC-Chapel Hill, 1968, Specialization in Accounting, 1969; 
Tax Specialist Course, University of Illinois-Champaign, 1970. 

Professional Background 
CPA, Hugh B. Webster, PA. 

Political Activities 

Member, North Carolina Senate, 1995-Present. 

Organizations 

NCACPA; AICPA; NATP; Ruritan (Past President); Leasburg Volunteer Fire 

Department (Past President). 

Personal Information 

Married to Patricia Ramsey Webster of Topnot, N.C, on August 12, 1967. 

Children: LeGrand and Noel. 



Committee Assigivnents 

Vice-Chair, State and Local Government and Personnel; Member, Finance, 
Pensions and Retirement and Insurance, Ways and Means, Select Committee on 
Congressional Redistricting. 



430 




Charles W. Alberts on 

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. 

Profess ion a I Background 

Farmer; Retired PPQ Officer, USDA; Professional Musician; Songwriter and 

Publisher; Recording Artist. 



Political Activities 
Member, N.C. Senate, 
Representatives, 1989-92. 



1993-Present; Member, North Carolina House of 



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, 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 Senuce 

Served, U.S. Air Force, 1951-52. 



Honors and Awards 

Two Certificates of Esteem from U.S. Defense Department for entertaining troops 

in 26 counties; Duplin County Board of Commissioners proclaimed Charlie 



431 

Albertson Day, May 25, 1975; Long-Leaf Pine Award; Award for writing song for 
USDA APHIS; Has performed on tiie Grand Ole Opry. 

Personal Infonnation 

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, 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, State and Local Government and Personnel, Select Committee 
on Congressional Redistricting. 



432 

Austin Murphy Allmn 



Republican, Catawba County 



f 




Twenty-Sixth Senatorial District: Catawba and 
Portions of Lincoln counties 

Early Years 

Born in Hickory, Catawba County, December 13, 

1 95 1 , to Albert M. and Mary Ethel Houser AUran. 

Educational Background 

Hickory High School, 1970; B.A., Duke University, 1974; J.D., Southern 

Methodist University School of Law, 1978. 

Professional Background 
Attorney at Law. 

Political Activities 

Member, N.C. Senate 1987-88, 1989-90, 1991-92, 1993-94; Senate Minority 
Whip, 1995-1996; 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. 

Organizations 

N.C. State Bar; Catawba County Bar Association; Hickory Museum of Art; 
Catawba County Historical Association; Duke University Alumni Association; 
Hickory Landmarks Society. 

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); Former Chair of Spiritual 
Council; Former Member, Board of Business Management; Former Member, 
Board of Christian Education. 



433 

Committee Assignments 

Vice Chair: Appropriations, Base Budget; Ranking Minority Member, 
Education/Higher Education, Finance, Ways and Means; Member, Children and 
Human Resources, Judiciary, Select Committee on the Future of the Courts. 



434 




Patrick J. Ballantine 

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 Ballantine. 



Educational Background 

Cape Fear Academy, Wilmington, NC, 1983; B.A. in Political Science, UNC- 

Chapel Hill, 1987; J.D., University of Dayton School of Law, 1990. 

Profess ional Background 

Attorney, Ballantine & Ballantine, P.C. 

Political Activities 

Member, N.C. Senate. 1994-Present; John Locke Foundation; Heritage 
Foundation; Republican National Committee; Lincoln Forum; New Hanover 
County Republican Executive Committee. 

Organizations 

N.C. Bar Association; N.C. 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 Assigimients 

Ranking Minority Member, Commerce; Member, Finance, Appropriations, 

Judiciary, Ways and Means, Select Committee on Congressional Redistricting. 



435 



John M. Blust 

Republican, Guilford County 

Thirty-Second Senatorial District: Portions of 
Guilford County 



Early Years 

Bom June 4, 1954, in Hamilton, Ohio, to Gordon 

Charles Blust (deceased) and Barbara J. Brown. 




Education 

Western Guilford High School, Greensboro, 1972; Bachelor's of Science in 
Accounting and Business Administration, UNC-Chapel Hill, 1979: J.D., UNC 
School of Law, 1983. 

Professional Background 

Attorney, Ivey, McClellan, Gatton & Talcott, LLP. 

Political Activities 

Member, N.C. Senate, 1997-Present; Chairman, Guilford County Republican 

Party, 1993-95. 

Boards and Commissions 

Member, Guilford County Mental Health Board of Directors; Vance Hamer 

Scholarship Fund. 

Military Service 

Captain, 82nd Airborne, 2nd Infantry Division, U.S. Army, 1982-85. 

Personal Information 
Member, Westover Church. 



Committee Assignments 

Vice-Chair, Pensions and Retirement and Insurance; Member, Appropriations, 
Appropriations on Justice and Public Safety, Base Budget, Finance, Judiciary, 
Rules and Operations of the Senate, State Government, Local Government and 
Personnel, Ways and Means, Select Committee on Session Limits. 




436 

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 Euia D. 
Carpenter. 

Educational Background 

Franklin High School, 1942; Western Carolina University; UNC-Chapel Hill Pre- 
flight School; Purdue University, LUTC; Graduate, 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-Present. 

Organizations 

Director, Franklin Rotary Club (President, 1959); American Legion Post 108; 
Franklin AARP; Franklin Investment Club; St. Michaels Council of Knights of 
Columbus; Former member, Asheville Optimist Club, 1962-71 (President, 1965); 
Optimist International (Zone Governor 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 

Former Member, Macon County Economic Development Commission; Former 
Member, Board of Trustees, Southwestern Community College; Former Chair, 
Franklin First Union Board of Directors; Former Commissioner, Macon County 
Board of County Commissioners, 1978-82; Former President and Member, N.C. 
Association of Community College Trustees; Member, N.C. Developmental 
Disabilities Board, 1985-Present; Member, Governor Martin's Literacy 
Commission, 1987-88; Aging Study Commission; Mental Health Study 



437 

Commission; Financial Institutions Study Commission; Transportation 
Oversight; Western North Carolina Transportation Corridor Commission. 

Military Activities 

Aviation Cadet, U.S. Navy, 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, 

Judiciary; Member, Commerce, Pensions and Retirement; Vice-Chair, 

Transportation. 




438 

John 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 Backgrowid 

Miami Edison High School, Miami Florida, 1957; Mechanical Engineering, 
Pennsylvania Military College (Widener College), 1962; Forensic Sciences, 
American Institute of Applied Sciences, I960. 

Professional Background 

Executive, 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. 

Organizations 

Board Member, John Locke Foundation; Shriner. 

Boards and Commissions 

North Carolina Board of Community Colleges, 1993-Present; North Carolina Port 

Authority, 1993-Present. 

Military Service 

Served U.S. Army, 3rd Army Airborne Training School, 1st Special Troops 
Brigade, 1953-55; Highest rankof 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 Assiginnents 

Vice-Chair, Rules and Operations of the Senate; Member, Finance. Pensions and 

Retirement and Insurance, Transportation, and Ways and Means. 




439 

R.L. aark 

Republican, Buncombe County 

Twenty-eighth Senatorial District: McDowell, 

Madison, Yancey and Portions of Buncombe and 

Burke counties 

Early Years 

Born in Spring Creek, Madison County, N.C., on 

November 21, 1930, to Raphus and Lois Gregory Clark. 

Educational Background 

Spring Creek High School, Spring Creek, 1949; B.S. in Business Administration, 
Western Carolina University, 1953; Masters in Education, Western Carolina 
Universitv, 1969. 

Professional Background 

Sales and Sales Management, 1953-62; Employee, Department of Human 
Resources, 1963-83; 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. 

Organizations 

Past Member, Director and President, Lions Club of Asheville; Past 
Secretary /Treasurer, District 3 1-A, Lions International; Member, Local Board #3, 
Selective Service System, 1983-Present. 

Personal Information 

Married to Patricia A. Blanchard of Wilmington. Children: Darrell, June, 5, 1953; 

Teresa, July 11, 1955, and Melissa, December 14, 1965. 

Committee Assignments 

Member, Appropriations, Appropriations on Human Resources, Base Budget, 
Agriculture/Environment/Natural Resources, Children and Human Resources, 
Transportation, Ways and Means. 



440 

Betsy Lane Cochrane 




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; B.A. Cum Laude in Elementary 
Education, Meredith College; Legislative Leaders, Advanced Management 
Program, Boston University. 

Professional Background 

North Carolina State Senator, former educator and housewife. 

Political Activities 

Member, N.C. Senate 1989-Present; Senate Minority Leader, 1994-95, 95-96; 
Senate Minority Whip, 1993-94; Member, N.C. 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. 

Organizations 

Kappa Nu Sigma; Vice-President, Mocksville Women's Club; Director, 
Neighborhood Property Owners 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 80s; 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 



441 

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. 

Honors and Awards 

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; Wildlife Federation Legislator 
of the Year, 1994; N.C. Autism Legislator of the Year, 1995; Myer-Huneycutt 
Elected Official of the Year, 1996. 

Personal Informafion 

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, Appropriations, Base Budget, Commerce; Ranking Minority 
Member, Agriculture/Environment/Natural Resources, Appropriations on Natural 
and Economic Resources; Member, Children and Human Resources, 
Education/Higher Education, Finance, Select Committee on Congressional 
Redistricting, Select Committee on Session Limits. 



442 




Walter Harvey Dalton 

Democrat, Rutherford County 

Thirty^-Seveuth Senatorial District: Rutherford and 
Portions of Cleveland counties 



Early Years 

Born May 21, 1949, in Rutherfordton to Charles C. 
and Amanda Haynes Dalton. 

Educational Background 

Rutherfordton-Spindale High School, 1963-67; B.S. in Business Administration, 

UNC-Chapel Hill, 1971; J.D., UNC-Chapel Hill School of Law, 1975. 

Profess ional Backgro und 

Attorney, Hamrick, Bowen, Nanney and Dalton; Rutherford County Attorney, 

1986-96. 

Pol it iced Activities 

Member, N.C. Senate. 1997-Present. 

Organizations 

Former President, Rutherford County Bar; Member, North Carolina State Bar; 

Member, South Carolina State Bar. 

Boards and Commissions 

Former Member, Rutherford County Red Cross Board of Directors; Former 
Member, Child Abuse Prevention Society; Chairman, Board of Trustees, 
Isothermal Community College, 1995-97; Trustee, McClure Educational 
Foundation; Board Member, Rutherford County Community Foundation. 



Honors and Awards 

Honorary Member, Rutherford County Fire Service. 

Personcd 

Married Lucille Hodge Dalton of Rutherfordton on August 7, 1971. Children: 
Brian Walter, born August 12, 1976, and Elizabeth Lynette, bom February 2, 
1980. Member, Vice-Chair of Administrative Board, Finance Chair and Lay 
Leader, Spindale United Methodist Church; Certified Lay Speaker, United 
Methodist Church. 



443 

Committee Assignments 

Vice-Chair, State and Local Government and Personnel; Member, 
Appropriations, Appropriations on Education/Higher Education, Base Budget, 
Commerce, Education/Higher Education, Finance, Select Committee on the 
Future of the Courts, Select Committee on Session Limits. 



444 




Charlie Smith Dannelly 

Democrat, Mecklenburg County 

Thirty-third Senatorial District: Portions of 
Mecklenburg 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; B.A. in Education, Johnson C. 
Smith University, 1962; Masters in Education and Administration, UNC-Chapel 
Hill, 1966. 

Professional Background 

Charlotte-Mecklenburg Board of Education, Teacher- 1962, Assistant Principal, - 

1963, Principal- 1 966 to 1991. 

Political Activities 

Member, North Carolina Senate, 1995-Present; Charlotte City Council, 1977- 

1989. 

Organizations 

President, Phi Delta Kappa; Secretary, Democratic Men's Club; Treasurer, 
Charlotte-Mecklenburg PrincipaPs Association; Secretary, Omega Pi Phi Chapter 
KRS; 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 Boule; Alpha 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 



445 

Bronze Star, National Defense Service Medal. 

Honors and Awards 

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 LaVeme Rhodes of Orangeburg, S.C., 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. 

Committee Assignments 
Chair, Ways and Means; Vice-Chair, Appropriations on Human Resources, 
Children and Human Resources, Education/Higher Education; Member, 
Appropriations, Base Budget, Finance, Select Committee on the Future of the 
Courts. 



446 




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, N.C., on 
December 26, 1944, to Ralph and Viola Hall East. 

Educational Background 

East Surry High School, Pilot Mountain, N.C., 1962; Forsyth Technical College. 

Professional Background 

Retired Police Officer; Small Farm Owner. 

Political Activities 

Member, North Carolina Senate, 1995-Present. 



Organizations 

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, 1963. Children: Gina, bom 
March 3, 1967. Grandsons: Matthew and Jacob. Member, First Baptist Church, 
King, NC; Chairman, Maintenance Committee. 

Committee Assiginnents 

Vice-Chair, Appropriations, Base Budget; Ranking Minority Member, 
Appropriations on Justice and Public Safety; Member, 
Agriculture/Environment/Natural Resources, Children and Human Resources; 
Pensions & Retirement and Insurance, Ways and Means. 



447 



James S. Forrester, MD 

Republican, Gaston County 

Thirty-Ninth Senatorial District: Portions of 
Gaston, Iredell and Lincoln counties 



Early Years 

Bom in Aberdeen, Scotland, January 8, 1937, to 

James S. and Nancy McLennan Forrester. 




Educational Background 

New Hanover High, 1954; B.S. in Science, Wake Forest University, 1958; M.D., 

Bowman Gray School of Medicine of WFU, 1962; M. P.H., UNC-Chapel Hill, 

1976. 

Professional Background 

Physician, Family Practice; Past President, Gaston County Medical Society; Past 
Member, 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; American Medical Directors Association; 
Lions Club; Team Physician, East Gaston High School; Medical Consultant, 
Gaston County Health Department; N.C. Institute of Medicine. 

Boards and Commissions 

Past Vice Chair, Gaston-Lincoln Mental Health; Past President, Gaston County 
Heart Association; BOD (past) Childrens Council, Gaston County; Past BOD, 
United Arts Council; BOD, Gaston County Museum of Art and History. 

Military Service 

N.C. Air National Guard, HQ NCANG, Brig General, Ret., (Asst. A.G. for 
Air); USAF Command Flight Surgeon of the Year, 1976; Former 
Commander of 145 TAC clinic and State Air Surgeon; Chief Flight Surgeon, 



448 

Participated in air evacuation in Vietnam; Air War College graduate. Legion 
of Merit. 

Honors and Awards 

Jefferson Award for Public Service, 1988; N.C. Medical Society Physician 
Community Service Award, 1994; Distinguished Achievement Award, Bowman 
Gray School of Medicine, Wake Forest University, 1997. 

Other Activities 

Participated in Foreign Medical Missions in Belize and Haiti. 

Personal Information 

Married, Mary Frances All of Wilmington, March 12, 1960. Children: Lorri 
Wynn Ma.xwell, Gloria Ann Lucioni, Mary Paige Forrester and James S. 
Forrester, Jr. Member, First Baptist Church, Stanley; Member, Christian Medical 
and Dental Society. 

Committee Assigrnnents 

Vice-Chair, Appropriations, Base Budget; Ranking Minority Member, 
Appropriations on Human Resources, Children and Human Resources, Rules and 
Operations of the Senate. Member, Commerce, Education/Higher Education, 
Judiciary, Select Committee on Congressional Redistricting, Select Committee on 
Session Limits. 



449 




\^i^inia Foxx 

Republican, Rockingham County 

Twelfth Senatorial District: Alleghany, Ashe, 

Guilford (part), Rockingham, Stokes, Surry and 

Watauga counties 



Early Years 

Born in New York City, N.Y., on June 29, 1943, to 

Nunzio John and Dollie Garrison Palmieri. Moved to North Carolina at the age of 

6. 

Educational Background 

Crossnore High School, Crossnore, N.C., 1957-1961; A.B. in English, UNC- 
Chapel Hill, 1968; M.A.C.T. in Sociology, UNC-Chapel Hill, 1972; Ed.D. in 
Curriculum and Teaching, UNC-Greensboro, 1985. 

Professional Background 

Owner, Grandfather Mountain Nursery; Vice-President, Foxx Family, Inc.; 

Former President, Mayland Community College; Former Assistant Dean, General 

College, Appalachian State University; Deputy Secretary, Department of 

Administration. 

Political Activities 

Member, North Carolina Senate, 1995-Present; Member, Vice-Chair, Chair, 

District Chair, Watauga County Board of Education, 1976-1988. 

Organizations 

Executive Committee, NCCBI; Women's Forum; Rotary Club; N.C. Center for 
Public Policy Research Board; N.C. FREE Board; Executive Committee, N.C. 
Association of Colleges and Universities, 1991-1992; N.C. Child Advocacy 
Institute Advisory Board; N.C. Partnership for Children Board; Advisory Panel, 
Z. Smith Reynolds Foundation; Advisory Board, Third Century Project, Z. Smith 
Reynolds Foundation; Avery Habitat for Humanity; Lector, St. Bemadette 
Catholic Church; Avery County Chamber Board; UNC-CH Botanical Garden 
Foundation Board. 



Boards and Commissions 

Board of Directors, Mitchell YMCA, 1993-1994; Steering Committee, Women 
Administrators in Higher Education; Board, Western N.C. Development 
Association, 1988-1993; National Advisory Council for Women's Educational 



450 

Programs, appointed by President Carter and confirmed by U.S. Senate, 1980- 
1983. 

Honors and Awards 

Carpathian Award for Personal Advocacy, 1994; nominated for Nancy Susan 
Reynolds Award, 1993; Order of the Long-Leaf Pine from Governor Martin, 
1992; YMCA of the USA/Southfield, Distinguished Fundraising Award, 1993; 
Distinguished Woman of North Carolina, 1990. 

Personal Information 

Married to Thomas Allen Foxx of Grandfather Community, N.C., 1963. Children: 
Theresa, born May 22, 1964. Member, St. Bernadette Church, Linville, NC, 
Lector, 1989-Present. 

C \)mm it tee A ss ignments 

Member, Agriculture/Environment/Natural Resources, Children and Human 

Resources, Education/Higher Education, Finance. 




451 

John Allen Garwood 

Republican, Wilkes County 

Twenty-Seventh Senatorial District: Alexander 

Avery, Caldwell Mitchell, Wilkes, Yadkin and 

Portions of Burke counties 

Early Years 

Bom on July 8, 1932, in North Wilkesboro to James 

Lemuel and Annie Laura Carrigan Garwood. 

Educational Background 

Wilkesboro High School, Wilkesboro, 1951; B.S. in Business Education, 

Appalachian State University, 1957. 

Professional Background 

Vice-President, Lineberry, Inc.; Real Estate Broker's License; Life, Property and 

Casualty Licenses. Small business manufacturing wood-cutting tools. 

Political Activities 

Member, N.C. Senate, 1997-Present; Chair, Wilkes County Commission, 1992- 
94; Chair, 5th Congressional District Republican Party, 1980-82; Chair, Wilkes 
County Republican Party, 1978-79. 

Boards and Commissions 

Member, Local Board, First Citizens Bank, 1975-Present; Member, UNC Board 
of Governors, 1985-96; Member, Appalachian State University Board of 
Trustees, 1973-80 (Chair, 1979-80); Member, Health Foundation Board, 1996- 
Present; Current Member, North Carolina State University College of Agriculture 
and Life Science Advisory Board. 

Organizations 

Past Vice-President and Director, Wilkes Chamber of Commerce; Past Exalted 

Ruler, North Wilkesboro Elks Lodge. 

Military Service 

Sergeant, 11th Airborne, U.S. Army, 1953-55, Korean Theater. 

Personal Information 

Married Wanda Bandy on August 3, 1957. Children: John B., bom December 8, 



452 

1961, David, born December 7, 1963, and Susan G. Robertson, born May 15, 
1969. Member, Wilkesboro United Methodist Church; Chair, Administrative 
Board, 1972-73; Lay Leader, 1995-Present; Certified Lay Speaker. 



Committee Assignments 

Member, Agriculture/Environment/Natural Resources, Appropriations, 
Appropriations on Education/Higher Education, Base Budget, Education/Higher 
Education, Transportation. 




453 

Wib Gulley 

Democrat, Durham County 

Thirteenth Senatorial District: Durham, Granville 
and Portions of Person and Wake counties 

Early Years 

Bom in Little Rock, Arkansas, on July 31, 1948, to 

Wilbur P. Gulley, Jr. and Jane Harrison Ashley. 

Educational Background 

Hall High School, 1966; Bachelor of Arts in History, Duke University, 1970; J.D., 

Northeastern University, School of Law, 198L 

Professional Background 

Attorney and Partner, Law firm of Gulley and Calhoun. 

Political Activities 

Member, N.C. Senate, 1993-Present; Mayor, City of Durham, 1985-89; Member, 
Democratic National Committee, 1986-87; Member, N.C. Democratic Party, 
Executive Committee, 1986-95; First Vice-Chair, Durham County Democratic 
Party, 1983-86. 

Boards and Commissions 

Member of Board and Past Chair, Triangle Transit Authority; Member, Transit 
2001 Commission; Board Member and Past Chair, Durham Service Corps; 
Member, N.C. Economic Development Commission; Board Member and Past 
Chair, North Central Legal Assistance Program. 

Honors and Awards 

1995 Standing Legislator Award, N.C. Chapter, American Planning Association; 
The 1996 Margaret Sanger Award from Planned Parenthood; 1995 Legislator of 
the Year Award, N.C. Low Income Housing Coalition; Legislator of the Year 
Award, N.C. Academy of Trial Lawyers, 1997. 

Personal Information 

Married, Charlotte L. Nelson of Asheville on May 5, 1 985. Children: Paul Nelson 

and Caroline Louise. Member and Deacon, First Presbyterian Church, Durham. 

Committee Assignments 

Chair, Appropriations on Justice and Public Safety; Vice-Chair, 



454 

Agriculture/Environment/Natural Resources, Rules and Operations of the Senate, 
Transportation; Member, Appropriations, Base Budget, Education/Higher 
Education, Finance, Judiciary, Select Committee on Congressional Redistricting, 
Select Committee on Session Limits. 




455 

Fletcher Lee Hartsell, Jn 

Republican, Cabarrus County 

Twenty-Second Senatorial District: Cabarrus and 
portions of Rowan and Stanly counties 

Early Years 

Born in Concord, Cabarrus County, on February 15, 

1947, to Fletcher L. and Doris Wright Hartsell. 

Educational Background 

Concord High School, 1965; A.B. in Political Science, Davidson College, 1969; 

J.D, UNC-Chapel Hill, 1972. 

Professional Background 

Attorney; Cabarrus County Schools Attorney, 1979-Present; Cabarrus County 

Attorney, 1985-Present. 

Political Activities 

Member, N.C. Senate, 1991-Present. 

Organizations 

19-A Judicial District Bar Association, Cabarrus and Rowan Counties (Secretary- 
Treasurer, 1983-84, 1987-Present; President, 1985-86); American and N.C. Bar 
Association; N.C. State Bar; N.C. Academy of Trial Lawyers; President, Cabarrus 
County Bar Association, 1986-87; Regional Director, N.C. Council of School 
Attorneys; National Association of Social Security Claimant's Representatives; 
President, Kan-La-Can Community Concert Association, 1980-85; Chair, Board 
of Trustees, Cabarrus Academy, 1986-87; Volunteer, Cabarrus Winter Night 
Shelter; Concord Rotary Club; Help Line of Cabarrus County Advisory Board. 

Military Service 

First Lieutenant/Captain, U.S. Army, Reserve Commission, 1972; Honor 

Graduate, Officer Basic Course, U.S. Army Infantry School (lOBC 5-72). 

Personal Information 

Married, Tana (Honeycutt) Hartsell of Kannapolis on May 21, 1972. Children: 
Fletcher Lee Hartsell, III, Whitney Paige Hartsell and Alice Tyson Hartsell. 
Member, McGill Avenue Baptist Church, Diaconate (Chair 1979-80, 1987-88), 
Sunday School Teacher, Church Training Director, Brotherhood Director; 
Cabarrus Baptist Association; Baptist Men's Director and Parliamentarian; 



456 

Baptist State Convention of N.C.; Regional Baptist Men's Director and Assistant 
Parliamentarian; Southern Baptist Convention; Overseas Missions Volunteer 
(Guatemala 1985 and 1986; Bermuda, 1987); Secretary, National Fellowship of 
Baptist Lawyers, 1989. 

Committee Assigiunents 

Vice-Chair, Education/Higher Education, Judiciary; Ranking Minority Member, 
Appropriations on Education/Higher Education; Member, Appropriations, Base 
Budget, Commerce, Finance; State and Local Government and Personnel, Select 
Committee on the Future of the Courts, Select Committee on Session Limits. 




457 

Hamilton C. Horton, Jr. 

Republican, Forsyth County 

Twentieth Senatorial District: Portions of 
Forsyth County 

Early Years 

Born in Winston-Salem on August 6, 1931, to 

Hamilton C. and Virginia Lee Wiggins Horton. 

Educational Background 

R. J. Reynolds High School, Winston-Salem, 1949; A.B. in History, UNC-Chapel 
Hill, 1953; L.L.B., UNC-Chapel Hill, 1956; Summer study at Universite De 
Grenoble, 1950, and Universtat Von Salzburg, 1952. 

Professional Background 

Lawyer, Horton, Sloan & Roth; President, Forsyth County and 21st District Bar, 

1989-1990. 

Political Activities 

Member, North Carolina Senate, 1971-72, 1973-74, 1995-Present; Member, 

North Carolina House of Representatives, 1969-1970. 

Organizations 

N.C. Bar Association; Rotary Club; Chairman, Forsyth County Historic 
Properties Commission, 1 987-89; Vice-Chairman, N.C. Board on State Goals and 
Properties, 1987-1992; Chairman, N.C. Recreation and Natural Heritage Trust, 
1991-1994; Vice-Chairman, N.C. Environmental Defense Fund; Vice-Chairman, 
N.C. Institute of Political Leadership. 

Military Service 

Lieutenant, U.S. Navy, 8th Naval District, 1956-60. 

Honors and Awards 

Outdoor Recreation Achievement Award, U.S. Department of the Interior, 1976; 

New River Award, Conservation Council of N.C, 1976. 

Personal Information 

Married to Evelyn Hanes Moore of Winston-Salem on February 16, 1963. 

Children: Rosalie Hanes Horton. Member, Trustee, and Elder, Calvary Church. 



458 

Co mm ittee A ss igii merits 

Vice-Chair, Agriculture/Environment/Natural Resources; Member, Appropriations, 
Appropriations on Natural and Economic Resources, Base Budget, 
Education/Higher Education, Judiciary, Rules and Operations of the Senate, Select 
Committee on the Future of the Courts. 




459 

David William Hoyle 

Democrat, Gaston County 

Twenty-Fifth Senatorial District: Portions of 
Cleveland, Gaston and Lincoln counties 

Early Years 

Born in Gastonia on February 4, 1939, to William 

Atkin Hoyle and Ethel (Brown) Hoyle. 

Educational Background 

Dallas High School, 1957; B.A. in Business Administration, Lenoir-Rhyne 

College, 1960; Honorary Doctor of Laws, Lenoir-Rhyne College, 1983. 

Professional Background 

CEO/President, Summey Building Systems, Inc.; Founder/President, Summey 
Building Systems, Inc., 1960-1985; Founder-SBS, Inc., Manufactured Housing, 
Construction and Real Estate Development. 

Political Activities 

Member, N.C. Senate. 1993-Present; Mayor, Town of Dallas, 1967-71; Chair, 

Gaston County Democratic Party. 

Organizations 

Founder/Board Member, Home Builders Association of Gaston Co.; Vice-Chair, 
Board of Directors of Gaston Federal Savings & Loan Association; Board of 
Advisors, Branch Banking & Trust; Board of Directors, TI-CARO, Inc.; Director, 
Gaston County Chamber of Commerce; Chair, 1987 Arts Fund Drive; Board of 
Directors, Schiele Museum of Natural History, Inc.; Board of Directors, United 
Way of Gaston Co, Inc.; Director, Gaston County Heart Association; Board of 
Directors, Gaston County Area Mental Health; President, Dallas Jaycees; 
President, Lenoir-Rhyne College Alumni Association; Gaston County PTA 
Council; Board of Directors, Garrison Community Foundation of Gaston County, 
Inc.; Board of Directors, Shaw Group, Inc. 

Boards and Commissions 

N.C. Board of Transportation, 1977-1984; President, Piedmont Educational 
Foundation; Board of Trustees, Lenoir-Rhyne College; Chair, Board of Trustees, 
Gaston Memorial Hospital. 



460 

Personal Information 

Married, Linda Summey Hoyle on January 28, 1959. Children: Lonnia Hoyle 
Beam and David William Hoyle, Jr. Member, Holy Communion Lutheran 
Church, Dallas N.C.; Member/Chair, Church Council; Chair, Stewardship 
Committee; Church School Teacher. 

Committee Assignments 

Co-Chair, Finance; Vice-Chair, Commerce, Education/Higher Education; 
Member, Judiciary, Rules and Operations of the Senate, Transportation, Ways and 
Means, Select Committee on Congressional Redistricting, Select Committee on 
Session Limits. 




461 

Thomas K. Jenkins 

Democrat, Macon County 

Early Years 

Bom September 4, 1955, at Camp LeJeune to 

William Thomas and Adele Biebinger Jenkins. 

Educational Background 

Franklin High School, 1973; Mars Hill College, 

1973-75; B.S. in Business Administration, Western Carolina University, 1977; 

Fellow, N.C. Institute of Political Leadership, 1992. 

Professional Background 

Real Estate Sales and Development, DeSoto Trail. 

Political Activities 

Member, N.C. Senate, 1997-Present; Member, N.C. House of Representatives, 
1993-94; Past President, Macon County Young Democrats; Past Chair, Macon 
County Democratic Party; Chair, 1 1th Congressional District Democratic Party. 

Boards and Commissions 

Past President and Director, Franklin Board of Realtors; Past State Director, N.C. 
Board of Realtors; Member, Board of Trustees, Southwestern Community 
College, 1993-95; Member, Western N.C. Regional Economic Development 
Commission; Vice-Chair, Year of the Mountains Commission, 1995. 

Organizations 

Member, Rotary Club of Franklin. 

Personal Information 

Married, Robin Reneau Jenkins of Franklin on April 28, 1978; Children: Thomas 
William. Member, St. Agnes Episcopal Church; Former Junior Warden, Former 
Sunday School Teacher, Former Vestryman. 

Committee Assignments 

Chair, Pensions and Retirement and Insurance; Vice-Chair, Appropriations on 
Natural and Economic Resources; Member, Agriculture/Environment/Natural 
Resources, Appropriations, Base Budget, State and Local Government and 
Personnel, Ways and Means. 




462 

Luther H. Jordan 

Democrat, New Hanover County 

Seventh Senatorial District: Portions of Jones, 
Lenoir New Hanover, Onslow and Pender counties 

Early Years 

Born on June 1, 1950, in New York, N.Y. 



Educational Background 
New Hanover High School, 1969; Graduate of Mortuary Science, Gupton Jones 
College, 1972; B.A., Shaw University, 1997. 

Professional Background 

President, Jordan's Funeral Home, Inc.; international Longshoreman's 
Association, Local 1426; Past Vice-President, Cape Fear Mobile Phone Limited; 
Past Vice-President, Cape Fear District Funeral Directors Association; Past 
Appointee to N.C. Legislative Committee for Funeral Directors Association; Past 
Appointed Liaison between Unions and State Elected Representatives and 
Senators; Past Vice-President of Spica Development Group, Inc.; Past President, 
Jordan Corporation Land Developers; Former Mayor Pro-Tempore for the City of 
Wilmington. 

Political Activities 

N.C. Senate, 1993-Present; Appointed by N.C. General Assembly to Technology 
Development Authority, 1991; Re-elected to four-year term on City Council, 
1989; Sister Cities International Board of Directors, 1991; International Task 
Force for the National League of Cities, 1991; Re-elected to four year term of 
City Council, 1985; Elected Chair, Cape Fear Council of Governments, 1984; 
Appointed National League of Cities Transportation & Communication 
Committee, 1984; Appointed Vice-Chair, N.C. Transportation & Communication 
Committee, 1984; Appointed Regional Forum by County Commissioners 
Association and N.C. League of Municipalities, 1983; Appointed N.C. General 
Revenue Sharing Task Force by N.C. League of Municipalities, 1983; Chair Elect 
of Cape Fear Council of Governments (First Black Chair), 1983; Appointed to fill 
unexpired term on N.C. State Executive Democratic Board, 1982; Delegate to 
County, District and State Democratic Convention, 1982; Elected Vice-Chair, 
Cape Fear Council of Governments, 1982; Appointed N.C. Highway Policy Task 
Force, 1982; Attended NEC Convention in Los Angeles, CA, 1982; Elected to 
Board of Directors of N.C. Black Municipal Officials, 1981; Re-elected to four- 
year term on Wilmington City Council, 1981; NLC Convention in Detroit, 
Michigan, 1981; National League of Cities (NLC) Convention in Atlanta, GA, 



463 

1980; Committee to revamp City Boards and Committees, 1979; Elected 
Treasurer of Cape Fear Council of Governments, 1979; Attended National 
League of Cities in Las Vegas, Nevada, 1979; Appointed Audit Committee City 
of Wilmington, 1978; Wilmington Historic Foundation, 1978; Appointed to Cape 
Fear Council of Governments as Secretary, 1978; Appointed to Wilmington City 
Council, 1977; N.C. Senatorial Committee, 1975. 

Organizations 

Life Member, NAACP Member, Gupton Jones College Alumni Association; 
Member, Wilmington Sportsman Club; Member, Shriners-Habib Temple No. 1 59; 
Member, 1985 Wilmington/New Hanover Visitors & Meetings Council; Past 
Member, Cape Fear Council Boys Scouts of America Executive Board; City 
Representative to Zurich, Switzerland on Export-Import Growth, 1981; Past 
Member, Board of Directors of Sickle Cell Anemia Association; Member, New 
Hanover County PAC; Member, N.C. Black Municipal Association; Member, 
National Black Caucus; Past Member, Committee of 100/Regional Housing 
Board; Past Member, Chamber of Commerce; Past Member, Board of Directors 
of Girls Club; Epsilon Nu Delta Mortuary Fraternity; Hanover Lodge No. 14 
Masonic; Wilmington Consistory No. 63; Boys Club of American, Life Member; 
Optimist Club, Life Member. 

Honors and Awards 

Man of the Year, Winston-Salem State University Alumni, 1992; Omega Psi Phi 
Fraternity, Inc., 6th District Outstanding Service Award, 1988; Salute to 
Greatness Award, Shaw University, 1988; Citizen of the Year of New Hanover 
County/Omega Psi Phi Fraternity, 1981; Outstanding Young Man of the Year, 
U.S. Jaycees, 1981; N.C. Young Professional of the Year, 1977. 

Personal Infortnation 

Chestnut Street Presbyterian Church (U.S.A.); N.C. Representative (past) 
National Social Concerns Committee Presbyterian Church; Deacon, Chair of 
Board of Trustees, Board of Elders. 

Committee Assignments 

Chair, Appropriations on Department of Transportation; Vice-Chair, State and 

Local Government and Personnel; Member: Appropriations, Base Budget, 

Commerce, Pensions and Retirement and Insurance, Rules and Operations of the 

Senate. 



464 




John Hosea Kerr, III 

Democrat, Wayne County 

Eighth Senatorial District: Greene, Lenoir (part) 
and Wayne counties 



Early Years 

Born in Richmond, Virginia, on February 28, 1936, 

to John H., Jr., and Mary Hinton Duke Kerr. 



Educational Background 

John Graham High School, Warrenton, NC, 1954; A.B., University of North 

Carolina, 1958; J.D. with Honors, University of North Carolina School of Law, 

1961. 

Professional Background 

Attorney, Partner in Warren, Kerr, Walston and Hollowell and Taylor; N.C. Bar 
Association; N.C. State Bar; Wayne County Bar Association; Past President, 
Eighth Judicial Bar Association; Past President, Lawyers of N.C, Inc. 

Political Activities 

N.C. Senate, 1993-Present; N.C. House of Representatives, 1987-92; , Past Chair, 
Wayne County Democratic Executive Committee, 1980-85; Precinct Chair; Past 
President, Wayne County Young Democrats. 

Organizations 

Goldsboro Rotary Club; Wayne County Chamber of Commerce; Vice-President 

Goldsboro Jaycees, 1962-71. 

Boards a fid Commissions 

BB&T Advisory Board; Wayne County Boys Club; Past Chair, Wayne County 

Public Library Trustees, 1966-78; Past Chair, Wayne County Chapter, American 

Red Cross; Past Chair, Morehead Foundation, District II Committee; Past Chair, 

Wayne County Community Building Trustees; Past Chair, Advisory Board, N.C. 

National Bank; UNC Board of Visitors; Board of Governors, N.C. Bar 

Association. 



Military Service 

Sergeant, N.C. National Guard, 1954-62. 



465 

Honors and Awards 

Goldsboro Charter Chapter American Business Women; Boss of the Year, 1978; 
Jaycee Key Man Award; Phi Beta Kappa; Order of Coif; Recipient of Bob 
Futrelle Good Government Award, Wayne County, 1989. 

Personal Information 

Married, Sandra Edgerton Kerr of Goldsboro on December 21, 1960. Children: 
John and James. Member, Madison Avenue Baptist Church; Past Member, Board 
of Deacons. 

Committee Assigfiments 

Co-Chair, Finance; Vice-Chair, Ways and Means; Member, Appropriations, 
Appropriations on Human Resources, Children and Human Resources, 
Commerce, Judiciary, Select Committee on the Future of the Courts. 



466 

Eleanor Gates Kinnaird 




Democrat, Orange County 

Sixteenth Senatorial District: Chatham, Moore, 
Orange and Portions of Lee and Randolph counties 

Early Years 

Born November 14, 1931, in Rochester, Minnesota, 

to E. Vernon and Madge Pollock Gates. 

Educational Background 

Rochester High School, Rochester, Minnesota, 1953; B.A. in Music, Carleton 
College, 1953; M.M. in Music, UNC-Chapel Hill, 1973; J.D., N.C. Central 
University School of Law, 1992. 

Profess ion a I Background 

Attorney, N.C. Prisoner Legal Services, Inc. 

Political Activities 

Member, N.C. Senate, 1997-Present; Mayor, Town of Carrboro, 1987-95; 

Precinct Officer and County Convention Delegate, Orange County Democratic 

Party. 

Organizations 

Phi Alpha Delta Law Fraternity; After-School Middle School Steering 
Committee; League of Women Voters; Friends of the Carrboro Library; Volunteer, 
Carr Court Community. 

Boards and Commissions 

Governor's Advocacy Council on Children and Youth, 1997. 

Honors and Awards 

Pro Bono Award, N.C. Central University, 1994. 

Personal Information 

Children: Robinaon A. Kinnaird, born May 27, 1955, Michael G. Kinnaird, born 
December 4, 1956, and Paul N. Kinnaird, born March 4, 1959; Member, Chapel 
of the Cross Episcopal Church; Member, Social Ministry Committee. 

Committee Assigimients 

Vice-Chair, Children and Human Resources; Member, Agriculture/Environment/Natural 



467 

Resources, Appropriations, Appropriations on General Government, Base Budget, 
Pensions and Retirements and Insurance, Rules and Operations of the Senate. 




468 

Jesse Ingram Ledbetter 

Republican, Buncombe County 

Twenty-eighth Senatorial District: Buncombe (part), 
Burke (part), Madison, McDowell and Yancey counties 

Early Years 

Born in Avery's Creek, Buncombe County, on 
December 22, 1922, to Richard Johnson and Etta 
Maria Ingram Ledbetter. 

Educational Background 

Valley Springs High School, 1939; Brevard Junior College, 1941; B.S. in Military 

Science, University of Maryland, 1958. 

Professional Background 

Realtor, Ledbetter Realty; President, Asheville Board of Realtors, 1976. 

Political Activities 

Member, North Carolina Senate, 1995-Present; Buncombe County Board of 

Commissioners, 1980-92. 

Organizations 

Asheville Board of Realtors; Asheville Area Chamber of Commerce; Council of 
Independent Business Owners (CIBO); Asheville Merchants Association; Better 
Business Bureau; Asheville Civitan Club, Valley Springs Grange, VFW Post 891; 
Friends of South Buncombe Library; WNC Chapter of the Retired Officers 
Association; Buncombe County Children First, 1990-94; Buncombe County 
Council on Aging, 1993-94; Central Committee of N.C. Republican Party. 

Boards and Commissions 

Asheville/Buncombe Water Authority, 1986-1993; UNCA Board of Trustees, 

1985-1993; Buncombe County Board of Health, 1988-1992. 

Military Service 

Lieutenant Colonel, U.S. Air Force, 1942-66; Mediterranean Theater, WWII; 
Distinguished Flying Cross (DFC); Air Medal with Three Oak Leaf Clusters; 
WWII European Medal with six battle stars; Air Force Commendation Medal. 

Honors and Awards 

Asheville Board of Realtors Realtor of the Year, 1979. 



469 

Personal Information 

Married Marie Ensley of Weaverville on October 7, 1943. Children: Patricia 
Ledbetter Haley, born September 2, 1944, and Catherine Ledbetter Padgett, bom 
September 12, 1948. 

Committee Assigtmients 

Ranking Minority Member, State and Local Government and Personnel; Member, 
Appropriations, Appropriations on General Government, Base Budget, 
Commerce, Rules and Operation of the Senate, Ways and Means. 



470 




Howard N, Lee 

Democrat, Orange County 

Sixteenth Senatorial District: Chatham, Moore, 
Orange and Portions of Lee and Randolph counties 



Early Years 

Born July 28, 1934, in Georgia to Howard and Lou 

Temple Barnes Lee. 



Educational Background 

B.A. in Sociology, Forth Valley State College, Georgia, 1959; M.S.W., UNC- 

Chapel Hill, 1966. 

Professional Background 

President, Lee Enterprises, Inc., 1985-Present; President, Custom Molders, Inc.; 
Lecturer, School of Social Work, UNC-Chapel Hill, 1981-85; Development 
Officer, National Child Welfare Leadership Center. 1983-84; Administrative 
Assistant to the Dean, School of Social Work, UNC-Chapel Hill, 1982-83; 
Secretary, N.C. Department of Natural Resources and Community Development, 
1977-81; Duke University, 1966-75; President and Founder, the John H. Wheeler 
Foundation, Inc., 1978-85; President and Founder of La Spa Productions, 1981- 
84. 



Political Activities 

Member, N.C. Senate; First Chair, N.C. State Democratic Party, 1976-77; N.C. 
Democratic National Committeeman, 1972-76; Second Vice-Chair, N.C. 
Democratic Party, 1970-72; Mayor, Town of Chapel Hill, 1969-75. 

Organizations \ 

President, Eastern N.C. Chapter, National Association of Social Workers, 1967- 
69; First Vice-President, National Conference on Social Welfare, 1973-74; Chair, 
Round Up Campaign, Occoneechee Council of the Boy Scouts of America, 1977- j 
79; Member, Appalachian National Science Trail Advisory Council, 1979-81; \ 
Grand Boule, Sigma Pi Alpha Fraternity, Alpha Tau Boule, 1984; State Crusade I 
Chair, N.C. Division, American Cancer Society, 1985-87. 

Boards and Commissions \ 

Board of Visitors, School of Social Work, UNC-Chapel Hill, 1987-Present; Board | 
of Visitors, School of Public Health, UNC-Chapel Hill, 1985-Present; Board of ' 
Directors, Chapel Hill-Carrboro Public School Foundation (President, 1985-87); 



471 

Charter Member, Board of Visitors, School of Law, N.C. Central University, 
1980-Present; Board of Trustees, National Recreation and Park Association, NY, 
1980-82; Board of Visitors, School of Forestry, Duke University, 1987-88; Board 
of Trustees, Wake Forest University, 1972-76; Board of Directors, N.C. 
Advancement School, 1971-75; Board of Directors, N.C. Heart Association, 
1971-75; Board of Directors, Day Care and Child Development Council of 
America, 1970-74; Board of Directors and Executive Committee, Southern 
Regional Council, 1970-74; Board of Directors and Second Vice-President, 
National Association of Social Workers, 1969-76. 

Military Service 

U.S. Army, 1959-61; Psychiatric Social Worker with Mental Health Clinic at Fort 

Hood, Texas, and Company Clerk at Camp Casey, Korea; Two years active 

reserve. 

Honors ajid Awards 

Who's Who in the South, 1979; Who's Who in Politics, 1979; Order of the 

Golden Fleece, UNC-Chapel Hill, 1976; Who's Who in Black America, 1975; 

Who's Who in America, 1972; National Urban League Equal Opportunity Award, 

1970. 

Personal 

Married to Lillian Lee; Three children, three grandchildren. Member, Olin T. 

Binkley Memorial Baptist Church in Chapel Hill; Deacon, Sunday School 

Teacher. 

Committee Assignments 

Co-Chair, Appropriations on Education/Higher Education, Education/Higher 
Education; Vice-Chair, Transportation; Member, Appropriations, Base Budget, 
Commerce, Finance, Judiciary. 



472 




Jeanne Hopkins Lucas 

Democrat, Durham County 

Thirteenth Senatorial District: Durham, Granville 
and Portions of Person and Wake counties 



Early Years 

Born in Durham, December 25, 1935, to Robert 

Hopkins and Bertha Hohnan Hopkins. 



Educational Background 

Hillside High School, 1953; B.A., N.C. Central University, 1957; M.A., N.C. 

Central University, 1977. 

Profess ion a I Background 

Educator; Director (retired), School-Community Relations, Durham Public 
Schools, 1992-93; Director, Personnel/Staff Development, Durham City Schools. 
1991-92; Director, Staff Development Center, Durham City Schools, 1977-91; 
President, N.C. Association of Classroom Teachers, 1975-76; French and Spanish 
Classroom Teacher, Durham City Schools, 1957-75. 

Political Activities 

Member (First African-American Female in N.C. Senate), N.C. Senate, 1993- 
Present; Precinct Chair/Committee Member, Gorman Ruritan, Precinct #29; 
Member, Political Action Committee for Educators (PACE); Member, Legislative 
Committee, NCAE; Secretary, John F. Kennedy Young Democratic Club; 
Member, Durham Demonettes; Member, Durham Committee on the Affairs of 
Black People; Secretary, Durham County Democratic Party; Chair, 2nd 
Congressional District Democratic Party; Co-Chair, Political Committee, Durham 
Committee; Delegate, National Democratic Convention, 1984; Member, State 
Executive Committee, Democratic; N.C. State Textbook Commission, Governor 
James B. Hunt; Member, 1974 Senate Study Commission of Public and Private 
Schools, appointed by Lieutenant Governor. 

Organizations 

First Vice-President, WTVD Advisory Committee on Minority Affairs; Member, 
Durham Alumnae Chapter, Delta Sigma Theta Sorority, Inc., (Past President); 
Executive Board, Durham County Chapter, American National Red Cross; 
Durham Branch, NAACP; Member, Durham Chapter of Links, Inc., (Past 
President); Member, Human Relations Committee Greater Durham Chamber of 
Commerce; N.C. Association of Classroom Teachers, 1975-76; President, 



473 

Durham City Association of Educators; Parliamentarian DC, Association of 
Black Educators; Board of Visitors, Duke University Trinity College; National 
Teacher Examination Study Committee, State Board of Educational Background; 
President of N.C. Advisory Council, State Board of Educational Background. 

Honors and Awards 

Nominated Outstanding Young Educator of Hillside High School; Durham City 
Outstanding Young Educator from Hillside High School, 1973; Durham City 
Teacher of the Year, 1974; Public Service Sorority Merrick-Fisher-Spaulding; 
Mount Gilead Music/Service Awards; YWCA Woman of Achievement Silver 
Medallion Nominee; National Association of Negro Business and Professional 
Women's Clubs, Inc.; Sojourner Truth Award; American Business Woman of the 
Year, 1992. 

Personal Information 
Married William "Bill" Lucas on August 2, 1959. Member, Mount Gilead Baptist 
Church; Director, Gospel Choir; Ideal Sunday School Class; Member, Christian 
Educational Background Committee; Chapter President, United Christian Front 
for Brotherhood; Secretary Trustee Board, (Past Chair); Chair, Budget 
Committee; Member, Mass Choir; Sunday School Teacher, Teenagers; 
Interdenominational Health and Human Services Coordinator for three Durham 
churches. 

Committee Assignments 

Chair, Children and Human Resources; Vice-Chair, Appropriations on General 
Government, Ways and Means; Member, Appropriations, Appropriations on 
Human Resources, Base Budget, Education/Higher Education, Judiciary, Select 
Committee on Session Limits. 



474 




Robert Lafayette Martin 

Democrat, Pitt County 

Sixth Senatorial District: Portions of Edgecombe, 
Martin. Pitt, Washington and Wilson counties 



Early Years 

Born in Bethel, Pitt County, on November 8, 1912, to 

John Wesley and Lena Sessums Martin. 



Educational Background 

Oxford Orphanage High School; School of Electricity, Oxford Orphanage. 

Profess ion a I Background 

President, Farmers Mutual Fire Insurance Association; Farmer; Retired Railroad 

Official. 

Political Activities 

Member, N.C. Senate, 1985-Present; Commissioner, Pitt County, 1956-1984; 

Mayor, Town of Bethel, 1951-1956; Commissioner, Town of Bethel, 1949. ' 

Organizations \ 

Shriner; 32nd Degree Mason; Kiwanis Club. 1 

Personal Information \ 

Married Sue Cooper on June 29, 1940. Children: Lynda and Bobbie Sue. | 
Member, Bethel Missionary' Baptist Church; Past Chair, Board of Deacons; 
Superintendent, Sunday School; Sunday School Teacher. 

Committee Assiginnents 1 
Chair, Appropriations on Natural and Economic Resources; Vice-Chair, 

Commerce, Pensions and Retirement and Insurance; Member, Appropriations, \ 

Base Budget, Transportation, Ways and Means, Select Committee on 1 

Congressional Redistricting, Select Committee on the Future of the Courts. | 




475 

>^lliam Nelson Martin 

Democrat, Guilford County 

Thirty-First Senatorial District: Portions of Guilford 

County 

Early Years 

Born in Eden, Rockingham County, on May 25, 

1945, to Thomas William and Carolyn Henderson 

Martin. 

Educational Background 

Douglas High School, Eden, 1962; B.S. in Economics, N.C. A&T State 

University, 1966; J.D., George Washington University School of Law, 1973. 

Professional Background 
Attorney at Law. 

Political Activities 

Member, N.C. Senate, 1983-Present; National Conference of State Legislators, 
Assembly on the Legislature, Human Services Committee; Southern Legislative 
Conference, Human Resources Committee; North Carolina Legislative Black 
Caucus, 1983-Present (Chair, 1997-98); Vice-Chair, Piedmont Triad Legislative 
Caucus, 1997-98; Member, Bill Clinton for President, North Carolina Steering 
Committee, 1992; Chairman, Democratic Party Platform Committee, 1986; Co- 
Chairman of the Bob Jordan for Lieutenant Governor Campaign Committee, 
1984. 

Organizations 

Phi Beta Sigma Fraternity, 1965-present; Council of Churches of Greater 
Bridgeport (Co-Chair, Social Concerns Committee), 1967-69; Congress of Racial 
Equality, 1967-73 (Chair, Bridgeport CT Chapter, 1968-69; Special Assistant to 
Northeastern Regional Director, 1969-73); National Black Child Development 
Institute, 1976-present (member, national board of directors, 1979-81); Triad 
Sickle Cell Anemia Foundation Board, 1978-84; Life Member, NAACP; One 
Step Further, Inc. (Co-founder and first Board of Directors President); Charlotte 
Hawkins Brown Historical Foundation (Co-founder, member of board of direc- 
tors, 1983-Present); Board Member, Southeast Greensboro Youth Development 
Council, 1986); Board Member, Public School Policy Forum of N.C, 1986- 
Present; Board Member, Guilford County Minority AIDS Task Force, 1992-1995. 



476 

Boards and Commissions 

City of Greensboro Housing Commission, 1979-82; N.C. Historic Sites Advisory 
Committee, 1985-86; UNC Public Television Black Issues Forum Program 
Advisory Committee, 1988-93; Chair, N.C. At-Risk Children and Youth Task 
Force, 1988-89; Interstate Migrant Education Council, 1988-Present; N.C. 
Commission on Family-Centered Services, 1994-95; Governor's Task Force on 
Welfare Reform, 1994-95; N.C. Advisory Committee on Cancer Coordination 
and Control, 1995-Present; N.C. Alliance for Competitive Technologies, 1995- 
Present; N.C. Task Force on Human Services, 1995-96. 

Personal Information 

Married, Patricia Yancey. Children: Thomas William and William Nelson, Jr. 

Member, Providence Baptist Church, Greensboro. 

Committee Assignments 

Chair, Appropriations on Human Resources; Vice-Chair, Children and Human 
Resources; Member, Appropriations, Base Budget, Education/Higher Education, 
Judiciary, Ways and Means, Select Committee on Congressional Redistricting, 
Select Committee on the Future of the Courts. 




477 

James Mark McDaniel 

Republican, Forsyth County 

Twentieth Senatorial District: Portions of Forsyth 

County 

Early Years 

Born in Harrisonburg, Virginia, on March 3, 1953, to 

James Mark and Mary Jones McDaniel. 

Educational Background 

D.M. Thorrell High School, Atlanta, Georgia, 1971; Political Science, UNC- 

Greensboro, 1975. 

Professional Background 

Consultant, McDaniel Consulting Services; President, Southeastern Eye Center, 
1985-1993; Owner and President, Salem Optical, Inc. and Optical Shop, Inc.; 
General Partner, seven commercial real estate partnerships in North Carolina. 

Political Activities 

Member, North Carolina Senate, 1995-Present. 

Organizations 

Pop Warner Football Coach, Twelve Years (Pop Warner National Champions in 
Pee Wee Division, 1992; Pop Warner Mid South Regional Champions in Junior 
Pee Wee Division, 1993). 

Personal Information 

Married to Lynne Stewart McDaniel of Greensboro on March 21, 1981. Children: 
Diane and Laura. Member, Sunrise United Methodist Church; Chairman, 
Administrative Council. 

Committee Assignments 

Ranking Minority Member, Pensions and Retirement and Insurance; Member, 

Agriculture/Environment/Natural Resources, Finance, Transportation. 



478 




s\ 



.u 



Brad Miller 

Democrat, Wake County 

Fourteenth Senatorial District: Portions of Johnston \ 
and Wake counties 



Early Years 

Born in Fayetteville on May 19, 1953, to Nathan 

David Miller and Margaret Hale Miller. 



Education 

Terry Sanford High School, 1971; B.A. in Political Science, UNC-Chapel Hill, 
1975; M.S. in Comparative Government, London School of Economics, 1978; 
J.D., Columbia University School of Law, 1979. 

Professional Background 
Attorney. 

Political Activities 

Member, N.C. Senate, 1997-Present; Member, N.C. House, 1993-94; Chaimian, 

Wake County Democrat Party, 1985-87. 

Organizations 

N.C. Bar Association; N.C. Academy of Trial Lawyers; Wake County Bar 

Association; Raleigh Chamber of Commerce; Raleigh Civitan Club. 

Personal Information 

Married Esther Hall, December 19, 1981. 



Committee Assigfunents 

Chair, State and Local Government and Personnel; Vice-Chair, Judiciary; 

Member, Agriculture/Environment/Natural Resources, Appropriations, 

Appropriations on Human Resources, Base Budget, Rules and Operations of the 

Senate. 




479 

Kenneth Ray Moore 

Republican, Caldwell County 

Twenty-Seventh Senatorial District: Alexander, 

Avery, Caldwell, Mitchell, Wilkes, Yadkin and 

Portions of Burke counties 

Early Years 

Born July 17, 1948, in Lenoir to S. Ray and Ruth 

Clay Moore. 

Educational Background 

Gamewell/CoUettsville High School, Lenoir, 1966; B.S. in Business 

Administration, UNC-Chapel Hill, 1970. 

Professional Background 

Owner and President, Mulberry Group, Inc.; Vice-President and General Manager 
of Caldwell Personnel Services; 20 Years Executive Position in Home 
Furnishings Industry. 

Political Activities 

Member, N.C. Senate, 1997-Present; Chair, 10th Congressional District 

Republican Party; Caldwell County Commissioner, 1980-84. 

Military Service 

SP-4, 540th Transportation Battalion, N.C. Army National Guard; 1970-76. 

Personal Information 

Married to Charlene Andrews Moore of Lenoir on June 13, 1970, Children: 
Rebecca C. Moore, born March 13, 1973. Member, First United Methodist 
Church, Lenoir. 

Committee Assignments 

Member, Appropriations, Base Budget, Children and Human Resources, 

Judiciary, State and Local Government and Personnel. 



480 




Thomas LaFontaine Odom, Sr. 

Democrat, Mecklenburg County 

Thirty-fourth Senatorial District: Portions of 
Lincoln and Mecklenburg counties 



Early Years 

Born in Rocky Mount on April 18, 1938. 



Educational Background 

West Mecklenburg High School, 1956; attended Charlotte College, 1957; B.A., 

UNC-Chapel Hill, 1960; L.L.B./J.D., School of Law, UNC-Chapel Hill, 1962. 

Profess ional Backgro und 

Attorney, Senior Partner in law firm of Odom and Groves, P.A.; Assistant City 

Attorney, Charlotte, 1963-64; Research Assistant, N.C. Supreme Court, 1962-63. 

Political Activities 

Member, N.C. Senate, 1989-Present; Mecklenburg Board of County 

Commissioners, 1980-1986 (Chair, 1982-84; Vice-Chair, 1980-82). ! 

Organizations , 

American and North Carolina Bar Associations; N.C. State Bar; N.C. Academy ' 
of Trial Lawyers; Steele Creek Masonic Lodge (past Secretary); Red Fez Shrine 

Club (past member. Board of Directors); Former Scout Leader and Little League ! 

Baseball Coach. '! 



Boards and Commissions 

Board of Commissioners, Carolinas Health Care System, 1987-Present; Board of 
Directors, Salvation Army Adult Rehabilitation Center, 1984-Present; Board of 
Visitors, UNC-Charlotte; Board of Visitors, Johnson C. Smith University; Former 
Member, Mecklenburg County Parks and Recreation Commission, 1975-1980 
(Past Chair). 

Honors and Awards 

American Red Cross Certificate of Merit; Presidential Citation; National 
Association of County Commissioners National Award of Merit, 1986; 
Mecklenburg County Environmental Award, 1980; West Mecklenburg High 
School Hall of Fame; Legislator of the Year, N.C. Wildlife Federation, 1996. 



481 

Personal Information 

Married to Jane Lowe of Charlotte. Children: Tommy, David, Amy and Matt. 
Member, Pleasant Hill Presbyterian Church (former Elder and Deacon); Sunday 
School Teacher; Past President, Synod Men of North Carolina; Past President, 
Mecklenburg Presbyterian Men; Commissioner to Presbyterian Church General 
Assembly, 1975 and 1988. 

Committee Assignments 

Chair, Base Budget; Vice-Chair, Judiciary; Member, Appropriations; Pensions 

and Retirement and Insurance; Transportation; Ways and Means; Select 

Committee on the Future of the Courts, Agriculture/Environment/Natural 

Resources. 



482 




Daniel E. Page 

Republican, Harnett County 

Fifteenth Senatorial District: Harnett and Portions 
of Johnston, Lee and Sampson counties 



Early Years 

Born October 13, 1966, in Apex to Ronald and Fern 

McCuily Page. 



Educational Background 

Alleghany Christian High School, Clifton Forge, Virginia, 1984. 

Professional Background 
President/Owner, Avante Advertising, Inc. 

Political Activities 

Member, North Carolina Senate, 1995-Present; Chairman, Harnett County 

Republican Party, 1993-94. 

Organizations 

Former Co-Chair, Harnett County Chapter, Christian Coalition, 1992. 

Boards and Commissions 

Board Member, Beacon Rescue Mission. 



Personal Information | 

Married, Amy Menser Page. Children: Amber Victoria, Kristen Danielle and } 

Danielle Lauren. Member, Sunday School Teacher (College and Career), Central s 

Baptist Church. j 

Committee Assigtunents j 

Member, Agriculture/Environment/Natural Resources, Appropriations, I 

Appropriations on General Government, Basic Budget, Rules and Operations of | 
the Senate, Transportation. 



483 



Beverly Moore Perdue 

Democrat, Craven County 

Third Senatorial District: Craven, Pamlico and 
Portions of Carteret counties 



Early Years 

Born in Grundy, Virginia, to Alfred P. and Irene E. 

Morefield Moore. 




Educational Background 

Grundy High School, 1965; B.S. in History, University of Kentucky, 1969; M.Ed, 
in Community College Administration, University of Florida, 1974; Ph.D. in 
Administration, University of Florida, 1976; Fellow, Geriatrics Specialist, 
University of Florida Center of Gerontology. 

Professional Background 

Former Director, Geriatric Services, Craven County Hospital; Consultant, Robert 
W. Johnson Foundation; Neuse River Council of Governments; Director of 
Human Services, Gerontology Society; National Council on Aging; American 
Hospital Association. 

Political Activities 

Member, N.C. Senate 1991 -Present; Member, N.C. House of Representatives, 
1987-90; Precinct Chair, Treasurer and First Vice-President, Craven County 
Democratic Party; N.C. Democratic Party, Executive Committee & Executive 
Council; Co-Chair, Jim Hunt for Governor Campaign, 1992. 

Organizations 

Chamber of Commerce; Committee of 100; Historical Society; Arts Council; 

Chair, A.B.C. Board. 



Boards and Commissions 

Member, NationsBank Regional Board; Member, N.C. United Way Board; N.C. 
Tourism Council; Member, Advisory Budget Commission; Governmental 
Operations; N.C. Health Policy Task Force; N.C.S.L. Education Commission; 
S.L.C. Fiscal Affairs and Governmental Operations Commission; Co-Chair, State 
and Local Government Fiscal Relations and Trends Study Commission; Joint 
Legislative Education Oversight Commission; Chairman, State Ports Study 
Commission; Chairman, River Quality and Fish Kill Committee. 



484 

Personal Information 

Children: Garrett and Emmett. Member, Christ Episcopal Church. 

Committee Assignments 

Co-Chair, Appropriations; Member, Agriculture/Environment/Natural Resources, 

Base Budget, Education/Higher Education, Finance, Ways and Means. 




485 

Jimmie Watkins Phillips 

Democrat, Davidson County 

Twenty-Third Senatorial District: Portions of 
Davidson, Iredell and Rowan counties 

Early Life 

Bom July 21, 1931 in Tarboro to Morris W. and 

Jimmy Herring Phillips. 

Educational Background 

Burkeville High School, Burkeville, Virginia, 1950; Campbell College, 1954; 

UNC-Chapel Hill, 1954-1960. 

Professional Background 
Retired. 

Political Activities 

Member, N.C. Senate, 1997-Present. 

Military Service 

S/Sgt., U.S. Marine Corps, 1951-54, Korean Theater. 

Organizations 

Red Cross; Davidson Medical Ministries. 

Boards and Commissions 

North Carolina Mental Health, 1995-96. 

Personal Information 

Married Carolyn Winberry of Statesville on May 19, 1956; Children: Jimmie, 
Mary Virginia and Sara. Member, First Baptist Church; Sunday School Teacher; 
Moderator, 1974-75. 

Committee Appointments 

Vice-Chair, Rules and Operations of the Senate; Member, 
Agriculture/Environment/Natural Resources, Appropriations, Appropriations on 
Human Resources, Base Budget, Children and Human Resources, Finance. 




486 

Aaron W. Plyler 

Democrat, Union County 

Seventeenth Senatorial District: Anson. 
Montgomery, Richmond, Scotkmd, Union and por- 
tions of Hoke and Stanly counties 

Early Years 

Born in Union County, October 1, 1926, to Isom F. 
and Ida Foard Plyler. 

Educational Background 

Attended Benton Heights School; Florida Military Academy. 

Profess ion a I Background 

President and Owner. Plyler Grading and Paving, Inc.; President, Hill Top 

Enterprises; Farming and Real Estate Interests. 

Political Activities 

Member, N.C. Senate. 1983-Present; Member, N.C. House, 1975-82; Precinct 

Chair, 10 years; Past Chair, Union County Democratic Party. 

Orgcmizations 

Member and Past President, Wingate College Patron Club; Member and Past 
President, Monroe-Union County Chamber of Commerce; Member, North 
Carolina Restaurant Association; National Federation Independent Business. 

Boards and Commissions 

Member, General Board of Directors, United Carolina Bank; Board of Directors, 

North Carolina Restaurant Association; Hill Top Enterprises; Yadkin-Pee Dee 

River Basin, Mecklenburg-Union County United Way; Board of Advisors, UNC- 

Charlotte. 

Honors cmd Awards 

1970 Monroe-Union County Leadership Award; 1971 Union County Man of the 
Year Award; 1971 Wingate College Patron Club Award; 1973 Union County | 
Leadership Award; 1980 Andrew Jackson Award; 1985 NCAE Award for 
Outstanding Support of Education; 1985 N.C. Public Library Directors 
Association Distinguished Service Award; Association for Retarded Citizens of 
N.C. Award, 1985 and 1991; Honorary Doctorate of Law, Wingate College, 
1992; President, Southern Piedmont Legislative Caucus, 1992; 1993 Alumni 



1 



487 

Appreciation Award, UNC-Charlotte; 600 Award, Charlotte Motor Speedway, 
1993; Outstanding Recognition, American Cancer Society, 1993; Honorary 
Doctorate of Humanities, Pfeiffer College, 1994; 1994 Distinguished Service 
Award, N.C. Poultry Federation; 1997 Distinguished Service Award, Carolinas 
Urban Coalition. 

Personal Information 

Married Dorothy Moser Plyler on May 22, 1948. Children: Barbara Plyler Faulk, 
Dianne Plyler Hough, Aaron W. Plyler, Jr., Alan Plyler and Alton Plyler. 
Member, Benton Heights Presbyterian Church (Ruling Elder); Past Chair, Board 
of Deacons. 

Committee Assigtnnents 

Co-Chair, Appropriations; Member, Base Budget, Commerce, Pensions and 
Retirement and Insurance, Rules and Operation of the Senate, Transportation, 
Ways and Means. 



488 



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William Robert Putx:ell, MP 

Democrat, Scotland County 



Seventeenth Senatorial District: Anson, 

Montgomery, Richmond, Scotland, Union and 

Portions of Hoke and Stanly counties 



H^^^^^j^JI^^^ Early Years 

Bom February 12, 1931, in Laurinburg to Charles 
Aumistus Purcell and Anna Meta Buchanan Purcell. 



Educational Background 

Laurinburg High School, 1949; B.S. in Pre-Med, Davidson College, 1952; M.D., 
UNC School of Medicine, UNC-Chapel Hill, 1956; Internship and Pediatric 
Residency, Medical College of South Carolina Teaching Hospitals, 1961. 

Profess ional Background 

Pediatrician, Purcell Clinic, Laurinburg, 1961-97. 

Political Activities 

Member, N.C. Senate, 1997-Present; Mayor, City of Laurinburg, 1987-97; 

Member, Laurinburg City Council, 1981-87. 

Organizations 

Past Chair, Scotland Memorial Hospital Medical Staff; Consulting Associate, 
Department of Pediatrics, Duke University Medical Center, 1996-97; Adjunct 
Clinical Assistant Professor of Pediatrics, UNC School of Medicine, UNC- 
Chapel Hill, 1996-97; President, Laurinburg Rotary Club, 1973-1974; Co-Chair, 
Scotland County Bond Referendum Committee, 1973-74; President, Laurinburg- 
Scotland County Area Chamber of Commerce, 1977. 



Boards and Commissions 

Member and Past Chair, Scotland County Board of Health, 1972-81; Member, 
Richmond County College Foundation Board of Directors, 1994-Present; 
Member, Board of Trustees, Scotia Village Retirement Home, 1996-Present; 
Member, Laurinburg-Maxton Airport Commission, 1973-74. 

Honors and Awards 

David Tayloe, Sr., Award in Community Pediatrics, N.C. Chapter, American 
Academy of Pediatrics and N.C. Pediatric Society, 1995; Martin Luther King, Jr., 
Distinguished Service Award, Scotland County Ministerial Association, 1991; 



489 

Paul Harris Fellow, Laurinburg Rotary Club, 1989; Algernon Sydney Sullivan 
Award, St. Andrews Presbyterian College, 1983; Distinguished Service Award, 
UNC School of Medicine, UNC-Chapel Hill, 1998. 

Military Service 

Captain, 57th Field Hospital, U.S. Army Medical Corps, France, 1957-59; 

Reserves, 1959-61. 

Personal Information 

Married Jane G. McKeithan (deceased) on August 5, 1955; Children: William R. 
Purcell, Leslie Meta McCormick, Holly Lynn Albrecht, Augustus McKeithan 
Purcell; Member and Elder, Laurinburg Presbyterian Church. 

Committee Assignments 

Member, Appropriations, Appropriations on Education/Higher Education, Base 
Budget, Children and Human Resources, Commerce, Education/Higher 
Education, Finance. 



490 




Anthony E. Rand 

Democrat, Cumberland County 

Twenty-Fourth Senatorial District: Portions of 
Cumberland County 



Early Years 

Born in Gamer, Wake County, on September 1, 1939, 

to Walter Rand, Jr., and Geneva Yeargan Rand. 



Educational Background 

Garner High School, 1957; B.A., University of North Carolina, 1961; J.D., 

University of North Carolina School of Law, UNC-Chapel Hill, 1964. 

Professional Background 

Attorney, Lithotripters. Inc. ( secretary and counsel); Principal, Rand & Gregory, 

RA, 1989-96; Consultant, Prime Medical Services, Inc. 

Political Activities 

Member, N.C. Senate, 1981-88 and 1994-Present; Chair, Rules and Operation of 
the Senate, 1994-96; Majority Leader, N.C. Senate, 1986-1988; Chair 
Appropriations Base Budget Committee, 1985-88; Chair, Cumberland County 
Democratic Executive Committee, 1977-81; Member, N.C. Democratic 
Executive Committee, 1975-1981; Delegate, Democratic National Convention, 
1992; Page, N.C. House, 1953 and 1956. 

Organizations 

The Arts Council of Fayetteville/Cumberland County; Kiwanis; Fayetteville Area 
Chamber of Commerce; Special Activities Committee, Fort Bragg, N.C; 
Chairman, Fayetteville State University Foundation, Inc.; N.C. Bar Association; 
American Bar Association; National Health Lawyers Association. 

Boards and Commissions 

Chair, Board of Directors, General Alumni Association of the University of North 
Carolina; Board of Visitors of the University of North Carolina; Board of 
Directors, Fayetteville Technical Community College Foundation; Local Board of 
Directors, First Citizens Bank and Trust Company; Board of Directors, Caring 
Children Program; Board of Advisors, N.C. Academy of Physician Assistants; 
Board of Directors, Fayetteville Alternative Sentencing Center; Member: 
Advisory Budget Commission, Joint Legislative Committee on Governmental 
Operations; Committee on Employee Hospital and Medical Benefits; Health 



491 

Committee of the National Conference of State Legislators Assembly on Federal 
Issues. 

Personal Information 

Married to Karen Skarda of Downers Grove, Illinois, on May 30, 1981. Children: 
Ripley Eagles Rand, born July 23, 1967, and Craven McLean Rand, born October 
11, 1969. Member, St. John Episcopal Church. 

Committee Assignments 

Chair, Rules and Operations of the Senate; Vice-Chair, Appropriations, Base 
Budget; Member, Appropriations on Justice and Public Safety, Commerce, 
Finance, Judiciary, Transportation, Select Committee on Congressional 
Redistricting, Select Committee on the Future of the Courts, Select Committee on 
Session Limits. 



492 




Eric Miller Reeves 

Democrat, Wake County 

Fourteenth Senatorial District: Portions of Johnston 
and Wake counties 



Early Years 

Born October 18, 1963, in Ft. Sill. Oklahoma, to 

Stuart and Jennie Miller Reeves. 



Educational Background 

B.A., Duke University, 1986; J.D.. Wake Forest University, 1989. 

Professional Background 
Attorney, Morgan & Reeves. 

Political Activities 

Member, N.C. Senate, 1997-Present; Member, Raleigh City Council, 1993-96. 

Personal 

Married Mary Morgan of Lillington on March 4, 1989. Children: Elizabeth, bom 

December 30, 1993; First Baptist Church. 

Committee Assignments 

Vice-Chair, Pensions and Retirement and Insurance; Member, Appropriations, 
Appropriations on Department of Transportation, Base Budget, Commerce, 
Finance, Judiciary, State and Local Government and Personnel, Select Committee 
on the Future of the Courts. 



493 



Robert Anthony Rucho 

Republican, Mecklenburg County 

Thirty-Fifth Senatorial District: Portions of 
Mecklenburg County 



Early Years 

Bom Dec. 8, 1948, in Worcester, Massachusetts, to 

Thomas and Ernestine Tanca Rucho. 



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Educational Background 

South High School, Worcester, Massachusetts; B.A. in Biology, Northeastern 
University; D.D.S, MCV VCU School of Dentistry; Cert. Prosthodontics, Boston 
University; M.B.A., Belk College of Business, UNC-Charlotte. 

Professional Background 
Prosthodontist and Dentist. 

Political Activities 

Member, N.C. Senate, 1997-Present; Former Member, Mecklenburg County 

Commission; Former Member, Matthews Town Council. 



Personal Information 

Married Theresa Fritscher of New Orleans, Louisiana, on May 8, 1993. Children: 
Robby, born January 30, 1995, and Ross, born May 14, 1997. Member, Holy 
Trinity Greek Orthodox Cathedral. 

Committee Assignments 

Member, Appropriations, Appropriations on Department of Transportation, Base 

Budget, Education/Higher Education, Judiciary. 



494 




Larry Shaw 

Democrat, Cumberland County 

Forty-First Senatorial District: Portions of 
Cumberland County 



Early Years 

Born July, 15, 1949, in High Point to Dorffus and 

Odessa Shaw. 



Educational Background 

William Penn High School, High Point, 1967; B.S., Alabama State University, 

1972; Masters of Education, Alabama State University, 1974. 

Professional Background 

Founder and Chairman, Shaw Food Services Company, Inc. (President, 1974-95; 

Chairman, 1974-Present; CEO, 1997-Present). 

Political Activities 

Member, N.C. Senate. 1997-Present; Member, N.C. House, 1995-96; State of 
Georgia, Lt. Colonel, Aide De Camp, Gov. Joe Frank Harris' staff; Honorary 
Citizen of Kansas (Governor John Carlin) and Te.xas (Governor Mark White). 

Organizations 

American Association of Minority Contractors; N.C. Association of Minority 
Businesses; National Business League, Fayetteville Chapter; Chair, Elizabeth 
City State University Foundation; Fayetteville Chamber of Commerce; Minority 
Business National League Defense Fund; Operation Push. 

Boards and Commissions 

Cumberland County Finance Authority Board; N.C. Small Business Advocacy 
Council; N.C. Capitol Building Authority; N.C. Economic Development Board; 
Member, Board of Trustees, N.C. Museum of Art; Board of Trustees, N.C. Center 
for Nursing Board; Member, White House Conference on Small Business 
(Appointed by President Bill Clinton). 

Honors and Awards 

Honorary Doctor of Human Letters, Rock Hill College, 1984; Larry and Evelyn 
Shaw Day declared in North Carolina by Gov. Hunt; Coach of Special Olympics 
for Handicapped Children Award; Businessman of the Year, Fayetteville Business 
and Professional League, 1984; Order of the Long Leaf Pine; Leadership Award, 



495 

Fayetteville State University, 1989-93; Football Hall of Fame and Honor Student, 
Alabama State University; Outstanding Service Award, N.C. Association of 
Minority Businesses, 1985. 

Personal Information 

Married to Evelyn Oliver of Selma, Alabama, on December 15, 1973; Children: 

Larry P. Shaw, age 20, and Marcus J. Shaw, age 16. 



Committee Assigfunents 

Chair, Transportation; Vice-Chair, Pensions and Retirement and Insurance; 
Member, Appropriations on Natural and Economic Resources, Base Budget, 
Commerce, Finance. 




496 

Robert Charles Soles, Jr. 

Democrat, Columbus County 

Eighteenth Senatorial District: Brunswick, 

Cohimhus 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 (1 1 terms); N.C. House of Representatives, 

1969, 1971, 1973-74, 1975-76. 

Organizations 

American and N.C. Bar Associations; American Trial Lawyers Association; N.C. 

Association of County Attorneys; Phi Alpha Delta; Rotary Club (former 

President). 

Boards and Commissions 

President, Southeastern Community College Foundation; Southern Growth 
Policies Board; Trustee, 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 

Captain, US Army Reserve, 1957-67. 

Personal Information 

Member, Tabor City Baptist Church. 

Committee Assignments 

Chair, Commerce; Vice-Chair, Finance, Judiciary; Member, Pensions and 



497 

Retirement and Insurance, State Government, Local Government and Personnel, 
Select Committee on Congressional Redistricting, Select Committee on the 
Future of the Courts, Select Committee on Session Limits. 



498 




Ed Nelson Warren 

Democrat, Pitt County 

Ninth Senatorial District: Portions of Beaufort, 
Lenoir Martin and Pitt counties 



Early Years 

Born in Stokes, Pitt County, November 26, 1929, to 

Elmer Edward and Daisy Cox Warren. 



Educational Background 

A. A., Campbell University; A.B., Barton College; M.A., East Carolina 

University; Doctoral Program, Duke University. 

Professional Background 
Investor; Real Estate; Farming. 

Political A ctivities 

Member, N.C. Senate, 1991-Present; Member, N.C. House of Representatives, 

1981-90; Former Chair, Pitt County Board of County Commissioners. 

Organizations 

Greenville Rotary Club (Paul Harris Fellow); Pitt County Heart Association 
(Former Chair); Board of Directors, Greenville Chamber of Commerce; United 
Fund Board; Trustee, Salvation Army; Greenville Golf and Country Club, 
(Former President); East Carolina University Chancellor's Society. 

Boards and Commissions 

Board of Trustees, Pitt County Memorial Hospital (Former Chair); Pitt County 
Health Board; Pitt County Airport Authority; Board of Directors, Branch, 
Banking & Trust Company; Past President, United Fund. 

Military Service 
United States Air Force. 



Honors and Awards 

Pitt County Citizen of the Year Award, 1987; East Carolina University Alumni of 
the Year Award; Award for Outstanding Support of Education by N.C. Education 
Association; Distinguished Service Award in Recognition of Meritorious Service 
to Mental Health Association; Award for Outstanding Services from Board of 
Directors for Developmental Disability Services for Children; Honorary Member 



499 

of Pitt County Memorial Hospital Board of Trustees; Legislator of the Year, N.C. 
Alliance; Chair, Heart Disease and Stroke Task Force; Distinguished Legislator 
Award, N.C. Manufactured Housing Association. 

Personal Information 

Married, Joan Brasweil. Member, First Christian Church; Former Deacon; 

Finance Committee. 

Committee Assigfunents 

Chair, Appropriations on General Government; Vice-Chair, Commerce; 
Education/Higher Education; Member, Appropriations; Base Budget, Children 
and Human Resources, Ways and Means. 



500 




David Franklin Weinstein 

Democrat, Robeson County 

Thirtieth Senatorial District: Robeson and Portions 
oj Bladen, Cumberland, Hoke and Sampson counties 



Early Years 

Born in Charlotte, June 17, 1936, to Max M. and 

Evelyn Lebo Weinstein. 



Educational Background 

Lumberton Senior High School, Lumberton, 1954; Agronomy, N.C. State 

University, 1958. 

Professional Background 

President, A.J. Weinstein & Sons, Inc.; Secretary and Treasurer, National Co., inc. 

Political Activities 

Member. North Carolina Senate, 1997-Present; Mayor, City of Lumberton, 1987- 

91; Robeson County Democratic Party. 

Orgcmizations 

Rotary Club; Masons; Human Relations Commission. 

Boards and Commissions 

Chair, Board of Trustees, UNC-Pembroke, 1994-96; Local Board, First Union 
National Bank, 1990-Present; Local Board, Wesley Pines Methodist Retirement 
Home, 1988-96. 



Military Service 

Captain, Co. B, 108th Division, U.S. Army, 1960; Reserves, 1961-66. 

Personal Information 

Married to Karen Kulbersh Weinstein of Columbus, Georgia, on October 16, 
1960. Children: Aaron Steven Weinstein and Melinda Ann Weinstein. Member, 
Temple Beth-El (President, 1984-94). 

Committee Assignments 

Vice-Chair, Transportation; Member, Agriculture/Environment/Natural 
Resources, Appropriations, Appropriations on Natural and Economic Resources, 
Base Budget, Finance, Pensions and Retirement and Insurance. 



501 



Allen H. Wellons 

Democrat, Johnston County 

Eleventh Senatorial District: Franklin County and 
Portions of Johnston, Vance and Wilson counties 



Early Years 

Bom March 12, 1949, in Smithfield to Elmer J. and 

Ruth Sanders Rose Jr. 




Educational Background 

Smithfield High School, 1967; B.A., UNC-Chapel Hill, 1971; J.D., N.C. Central 

University, 1975. 

Professional Background 
Attorney, Wilkins & Wellons. 

Political Activities 

Member, N.C. Senate, 1997-Present; Former Member, State Executive 
Committee, Democratic Party; Former President, Young Democrats; Former 
Chair, North Smithfield Precinct, Democratic Party. 

Organizations 

Smithfield-Selma Chamber of Commerce; Kenly Chamber of Commerce; 
Clayton Chamber of Commerce; Vance County Chamber of Commerce; Franklin 
County Chamber of Commerce; Co-Chair, Johnston County YMCA; Chair, 
Johnston County Youth Task Force, 1995; Greater Triangle Regional Leadership 
Council; Smithfield Kiwanis Club; Former Scoutmaster, Troop 22; Member, 
Partners in Education, Johnston County. 

Boards and Commissions 

Member, Board of Directors, Johnston County Habitat for Humanity (President, 
1996); Member, Board of Directors, Children's Hospital, UNC-Chapel Hill; 
Member, Board of Directors, N.C. Museum of Natural History; Former Member, 
Board of Directors, Food Bank of N.C; Former Member, Board of Directors, 
Partners of Johnston County; State Personnel Commission; Member, Board of 
Directors, Historic Goodwin House. 



Honors and Awards 

1987 Tree Farmer of the Year. 



502 

Personal hiforniut ion 

Married Elizabeth Hobgood of Smithfieid on December 29, 1971; Children: 
Suefan, born May 14, 1973, Abram, born September 16, 1975, and Elizabeth, 
born January 29, 1980. 

Committee A ss iguments 

Vice-Chair, Agriculture/Environment/Natural Resources; Member, 
Appropriations, Appropriations on Justice and Public Safety, Base Budget, 
Children and Human Resources, Finance, Pensions and Retirement and 
Insurance, Select Committee on the Future of the Courts. 



503 



Janet B. Pruitt 

Principal Clerk, N.C. Senate 

Early Years 

Born March 27, 1944, in Nash County to James R. 

(deceased) and Marie Joyner (deceased) Bryant. 

Educational Background 

Spring Hope High School, 1962; Business, East 

Carolina University, 1962-64. 




Professional Background 

Principal Clerk, N.C. Senate, 1997-Present; Supervisor of Senate Clerks, 1988- 
96; Committee Clerk, 1981-88; Personnel Analyst, Social Services Division, 
Department of Human Resources, 1966-73. 

Organizations 

American Society of Legislative Clerks and Secretaries; Former Member, 

Business and Professional Women. 



Personal Information 

Children: Meredith and Bryan; Member, Holy Trinity Lutheran Church; Former 

Sunday School Teacher. 



504 





Cecil R, Goins 

Sergeant at Arms, N.C. Senate 

Early Years 

Born in Southern Pines in 1926, to T. R. Goins and 

Marie Barrett Goins. 



Educational Background 
West Soutiiern Pines High, 1944; B.S., Business 
Administration. N.C. A&T State University, 1950. 

Professional Background 

Sergeant at Arms, N. C. Senate; Private Investigator and Owner, Alpha 
Investigative Services; Retired Deputy U.S. Marshal, Inspector and Criminal 
Investigator, U.S. Marshals Service (25 years); Assistant Business Manager, 
Shaw University. 

Political Activities 

Chair, Precinct #20, Raleigh; Political Action Committee, RWCA. 

Organizations 

Member, National Legislative Services and Security Association; Retired U.S. 
Marshals Association; Life Member, Alpha Phi Alpha Fraternity, Inc.; Member, 
Sigma Pi Phi Fraternity Boule. 

Boards and Commissions 

Raleigh Civil Service Commission; N.C. Private Protective Service Board; Board 

of Directors, Meadowbrook Country Club. 



Military Service 

Enlisted, 2 years. Far East and Japan; M/Sgt., Europe & Germany; Five years 

active duty, 10 years reserve duty (Major). 

Personal Information 

Married, LaVerne C. Goins, August 29, 1951. Children: Wanda Goins 

Brockington and Carol L. Goins. Member, First Baptist Church. 



505 




Michael Wade Morris 

Chaplain, N.C. Senate 

Early Years 

Born in High Point on April 23, 1948, to Albert 

Wade Morris and Evelyn Faye Burrows Morris. 

Educational Background 

Wade Hampton, Greenville, S.C.; B.A. in Religion, 

Gardner Webb College; Masters of Divinity, Southeastern Baptist Theological 

Seminary. 

Professional Background 

Associate Pastor, First Baptist Church, Raleigh. 

Political Activities 
Chaplain, N.C. Senate. 

Organizations 

Kiwanis Club of High Point; Board, High Point Salvation Army; Habitat for 
Humanity; Coach, Boys Basketball, YMCA, High Point; Volunteer, Overflow 
Shelter for Homeless in Raleigh. 



Personal Information 

Married Noel LeGette of New Bern in January, 1992. Children: Elizabeth Traci 

Morris. First Baptist Church, Raleigh. 



506 

N.C. Senate Committee Assignments, 1997 Session 



Agriculture/En vironment/Natural Resources 

Chair: Albertson 

Vice-Chairs: GuUey, Horton, Wellons 

Ranking Minority Member: Cochrane 

Members: Clark, Cooper, East, Foxx, Garwood, Jenkins, Kinnaird, McDaniel, 

Miller, Odom, Page, Perdue, Phillips and Weinstein 

Appropriations 

Co-Chairs: Perdue and Plyler 

Vice-Chairs: Allran, Cochrane, East, Forrester and Rand 

Members: Albertson, Ballance, Blust, Carpenter, Clark, Dalton, Dannelly, 

Garwood, Gulley, Hartsell, Horton, Jenkins, Jordan, Kerr, Kinnaird, Ledbetter, 

Lee. Lucas, Martin of Guilford, Martin of Pitt, Miller, Moore, Odom, Page, 

Phillips, Purcell, Reeves, Rucho, Shaw of Cumberland, Warren, Weinstein, 

Wellons and Winner 

Appropriations on Department of Transportation 

Chair: Jordan 

Vice-Chair: Albertson 

Ranking Minority Member: Carpenter 

Members: Reeves, Rucho 

Appropriations on Education/Higher Education 

Co-Chairs: Lee and Winner 
Ranking Minority Member: Hartsell 
Members: Dalton, Garwood and Purcell 

Appropriations on General Government 

Chair: Warren 

Vice-Chair: Lucas 

Members: Kinnaird, Ledbetter and Page 

Appropriations on Human Resources 

Chair: Martin of Guilford 

Vice-Chair: Dannelly 

Ranking Minority Member: Forrester 

Members: Clark, Kerr, Lucas, Miller and Phillips 



507 

Appropriations on Justice and Safety 

Chair: Gulley 

Vice-Chair: Ballance 

Ranking Minority Member: East 

Members: Blust, Rand and Wellons 

Appropriations on Natural and Economic Resources 

Chair: Martin of Pitt 

Vice-Chair: Jenkins 

Ranking Minority Member: Cochrane 

Members: Horton, Shaw of Cumberland and Weinstein 

Base Budget 

Chair: Odom 

Vice-Chairs: Allran, Cochrane, East, Forrester and Rand 

Members: Albertson, Ballance, Blust, Carpenter, Clark, Dalton, Dannelly, 

Garwood, Gulley, Hartsell, Horton, Jenkins, Jordan, Kinnaird, Ledbetter, Lee, 

Lucas, Martin of Guilford, Martin of Pitt, Miller, Moore, Page, Perdue, Phillips, 

Plyler, Purcell, Reeves, Rucho, Shaw of Cumberland, Warren, Weinstein, Wellons 

and Winner 

Children and Human Resources 

Chair: Lucas 

Vice-Chairs: Dannelly, Kinnaird, Martin of Guilford and Winner 

Ranking Minority Member: Forrester 

Members: Allran, Clark, Cochrane, Cooper, East, Foxx, Kerr, Moore, Phillips, 

Purcell, Warren and Wellons 

Commerce 

Chair: Soles 

Vice-Chairs: Cochrane, Hoyle, Martin of Pitt and Warren 

Ranking Minority Member: Ballentine 

Members: Ballance, Carpenter, Dalton, Forrester, Hartsell, Jordan, Kerr, 

Ledbetter, Lee, Moore, Plyler, Purcell, Rand, Reeves, Shaw of Cumberland and 

Shaw of Guilford 

Education/Higher Education 

Co-Chairs: Lee and Winner 

Vice-Chairs: Dannelly, Hartsell, Hoyle and Warren 

Ranking Minority Member: Allran 

Members: Cochrane, Cooper, Dalton, Forrester, Foxx, Garwood, Gulley, Horton, 

Lucas, Martin of Guilford, Perdue, Purcell and Rucho 



508 

Finance 

Co-Chairs: Hoyle and Kerr 

Vice-Chairs: Cooper, Shaw of Guilford and Soles 

Ranking Minority Member: Aliran 

Members: Albertson, Ballentine, Blust, Carrington, Cochrane, Dalton, 

Dannelly, Foxx, Gulley, Hartsell, Lee, McDaniel, Perdue, Phillips, Purcell, 

Rand, Reeves Shaw of Cumberland, Webster, Weinstein, Wellons and 

Winner 

Judiciary 

Chair: Cooper 

Vice-Chairs: Hartsell, Miller, Odom, Soles, and Winner 

Ranking Minority Member: Carpenter 

Members: Albertson, Aliran, Ballance, Ballentine, Blust, Forrester, Gulley, 

Horton, Hoyle, Kerr, Lee, Lucas, Martin of Guilford, Moore, Rand, Reeves, 

Rucho and Shaw of Guilford 

Pensions and Retirement and Insurance 

Chair: Jenkins 

Vice-Chairs: Blust, Martin of Pitt, Reeves and Shaw of Cumberland 

Ranking Minority Member: McDaniel 

Members: Carpenter, Carrington, East, Jordan, Kinnaird, Odom, Plyler, Shaw of 

Guilford, Soles, Webster, Weinstein and Wellons 

Rules and Operations of the Senate 

Chair: Rand 

Vice-Chairs: Carrington, Gulley and Phillips 

Ranking Minority Member: Forrester 

Members: Blust, Cooper, Horton, Hoyle, Jordan, Kinnaird, Ledbetter, Miller, 

Page, Plyler and Soles 

State and Local Government and Personnel 

Chair: Miller 

Vice-Chairs: Dalton, Jordan and Webster 

Ranking Minority Member: Ledbetter 

Members: Albertson, Ballance, Hartsell, Jenkins, Moore, Reeves, Shaw of 

Guilford and Soles 

Transportation 

Chair: Shaw of Cumberland 

Vice-Chairs: Carpenter, Gulley, Lee and Weinstein 

Ranking Minority Member: Clark 



509 

Members: Carrington, Garwood, Hoyle, Martin of Pitt, McDaniei, Odom, Page, 
Plyler and Sherron 

Ways and Means 

Chair: Dannelly 

Vice-Chairs: Kerr and Lucas 

Rant:ing Minority Member: Allran 

Members: Ballance, Ballantine, Blust, Carrington, Clark, East, Hoyle, Jenkins, 

Ledbetter, Martin of Guilford, Martin of Pitt, Odom, Perdue, Plyler, Warren, and 

Webster 

Select Committee on Congressional Redistricting 

Chair: Cooper 

Members: Albertson, Ballance, Ballentine, Cochrane, Forrester, Gulley, Hoyle, 

Martin of Guilford, Martin of Pitt, Rand, Soles, Webster and Winner 

Select Committee on the Future of the Courts 

Chair: Ballance 

Members: Allran, Cooper, Dalton, Dannelly, Hartsell, Horton, Kerr, Martin of 

Guilford, Martin of Pitt, Odom, Rand, Reeves, Soles, Wellons and Winner 

Select Committee on Session Limits 

Chair: Cooper 

Members: Ballance, Blust, Cochrane, Dalton, Forrester, Gulley, Hartsell, Hoyle 

Lucas, Rand, Shaw of Guilford, Soles and Winner 



510 

1997 N.C. House of Representatives 

Officers 

Speaker Harold J. Brubaker 

Speaker Pro Tempore Stephen W. Wood 

Majority Leader N. Leo Daughtry 

Minority Leader James B. Black 

Deputy Minority Leader Milton F. Fitch, Jr. 

Majority Whip Julia C. Howard 

Minority Whips Martha Alexander, Jerry Braswell 

Principal Clerk Denise Weeks 

Reading Clerk John R. Dossenbach, Jr. 

Sergeant at Arms Clyde Cook, Jr. 

Representatives 

Name District County Address 

Adams, Alma S. (D) 26th Guilford Greensboro 

Aldridge, Marvin W. (R) 9th Pitt Greenville 

Alexander, Martha B. (D) 56th Mecklenburg Charlotte 

Allen, Gordon P. (D) 22nd Person Roxboro 

Allred, Cary D. (R) 25th Alamance Burlington 

Arnold, Gene G. (R) 72nd Nash Rocky Mount 

Baddour, Philip A., Jr. (D) 11th Wayne Goldsboro 

Baker, Rex L. (R) 40th Stokes King 

Barbee, Bobby H., Sr. (R) 82nd Stanly Locust 

Beall, Charles M. (D) 52nd Haywood Clyde 

Berry, Cherie Killian (R) 45th Catawba Maiden 

Black, James B. (D) 36th Mecklenburg Matthews 

Blue, Daniel T., Jr. (D) 21st Wake Raleigh 

Bonner, Donald A. (D) 87th Robeson Rowland 

Bowie, Joanne W. (R) 29th Guilford Greensboro 

Boyd-Mclntyre, Flossie (D) 28th Guilford Jamestown 

Braswell, Jerry (D) 97th Wayne Goldsboro 

Brawley, C. Robert, Jr. (R) 43rd Iredell Mooresville 

Brown, John W. (R) 41st Wilkes Elkins 

Brubaker, Harold J. (R) 38th Randolph Asheboro 

Buchanan, Charles F. (R) 46th Mitchell Green Mountain 



511 

Name District County Address 

Cansler, Lanier M. (R) 51st Buncombe Asheville 

Capps, J. Russell (R) 92nd Wake Raleigh 

Carpenter, James C. (R) 53rd Macon Otto 

Church, Walter G., Sr. (D) 47th Burke Valdese 

Clary, Debbie A. (R) 48th Cleveland Shelby 

Cole, Edward N. (D) 25th Rockingham Reidsville 

Crawford, James W., Jr. (D) 22nd Granville Oxford 

Creech, Billy J. (R) 20th Johnston Wilson's Mills 

Culp, Arlie F. (R) 30th Randolph Ramseur 

Culpepper, William T., Ill (D) ...86th Chowan Edenton 

Cunningham, W. Pete (D) 59th Mecklenburg Charlotte 

Daughtry, Namon Leo (R) 95th Johnston Smithfield 

Davis, Donald Spencer (R) 19th Harnett Erwin 

Decker, Michael R (R) 84th Forsyth Walkertown 

Dedmon, Andrew Thomas (D)...48th Cleveland Earl 

Dickson, Walter W. (R) 76th Gaston Gastonia 

Dockham, Jerry C. (R) 94th Davidson Denton 

Earle, Beverly M. (D) 60th Mecklenburg Charlotte 

Easterling, Ruth M. (D) 58th Mecklenburg Charlotte 

Eddins, Rick L. (R) 65th Wake Raleigh 

Ellis, James Samuel (R) 15th Wake Gamer 

Esposito, Theresa H. (R) 88th Forsyth Winston-Salem 

Fitch, Milton F., Jr. (D) 70th Wilson Wilson 

Fox, Stanley H. (D) 78th Granville Oxford 

Gamble, John Reeves, Jr. (D) ....44th Lincoln Lincolnton 

Gardner, Charlotte A. (R) 35th Rowan Salisbury 

Goodwin, George Wayne (D) ....32nd Richmond.... Rockingham 

Grady, Robert (R) 80th Onslow Jacksonville 

Gray, Lyons (R) 39th Forsyth Winston-Salem 

Gulley, Jim (R) 69th Mecklenburg Matthews 

Hackney, Joe (D) 24th Orange Chapel Hill 

Hall, Bobby R. (R) 19th Lee Sanford 

Hardaway, Thomas C. (D) 7th Halifax Enfield 

Hardy, Edwin M. (R) 2nd Beaufort Washington 

Hensley, Robert J., Jr. (D) 64th Wake Raleigh 

Hiatt, William S. (R) 40th Surry Mount Airy 

Hightower, Foyle R. Jr. (D) 33rd Anson Wadesboro 

Hill, Dewey L. (D) 14th Columbus Whiteville 

Holmes, George M. (R) 41st Yadkin Hamptonville 

Howard, Julia C. (R) 74th Davie Mocksville 

Hunter, Howard J., Jr. (D) 5th Northampton Murfreesboro 



512 

Name District County Address 

Hunter, Robert Carl (D) 49th McDowell Marion 

Hurley, John W. (D) 18th Cumberland Fayetteville 

Insko, VerlaC. (D) 24th Orange Chapel Hill 

Ives, William M. (R) 68th Transylvania Brevard 

Jarrell, Mary L. (D) 89th Guilford High Point 

Jeffus, Margaret M. (D) 89th Guilford Greensboro 

Justus, Larry T. (R) 50th Henderson Hendersonville 

Kinney, Theodore J. (D) 1 7th Cumberland Fayetteville 

Kiser, Joe L. (R) 45th Lincoln Vale 

Luebke, Paul (D) 23rd Durham Durham 

McAllister, Mary E. (D) 1 7th Cumberland Fayetteville 

McComas, Daniel F. (R) 13th New Hanover Wilmington 

McCombs, W. Eugene (R) 83rd Rowan Faith 

McCrary, Paul R. (D) 37th Davidson Lexington 

McMahan, W. Edwin (R) 55th Mecklenburg Charlotte 

Mercer, Linwood E. (D) 8th Pitt Famiville 

Michaux, Henry M., Jr. (D) 23rd Durham Durham 

Miller, George W. Jr. (D) 23rd Durham Durham 

Miner, David (R) 62nd Wake Gary 

Mitchell, W. Franklin (R) 42nd Iredell Olin 

Moore, Richard L. (D) 90th Cabarrus Kannapolis 

Morgan, Richard T. (R) 31st Moore Pinehurst 

Morris, Amelia A.H. (R) 18th Cumberland Fayetteville 

Mosley, Jane H. (D) 63rd Wake Gary 

Neely, Charles B., Jr. (R) 61st Wake Raleigh 

Nesbitt, Martin L., Jr. (D) 51st Buncombe Asheville 

Nichols, John M. (R) 3rd Craven New Bern 

Nye, Edd (D) 96th Bladen Elizabethtown 

Oldham, Warren Claude (D) 67th Forsyth Winston-Salem 

Owens, William C, Jr. (D) 1st Pasquotank Elizabeth City 

Preston, Jean Rouse (R) 4th Carteret Emerald Isle 

Ramsey, Liston B. (D) 52nd Madison Marshall 

Rayfield, John M. (R) 93rd Gaston Belmont 

Redwine, E. David (D) 14th Brunswick Shallotte 

Reynolds, Dennis A. (R) 25th Alamance Burlington 

Rogers, Richard Eugene (D) 6th Martin Williamston 

Russell, Carolyn B. (R) 77th Wayne Goldsboro 

Saunders, Drew P. (D) 54th Mecklenburg Huntersville 

Sexton, Paul W., Sr. (R) 73rd Rockingham Stoneville 

Sherrill, Wilma M. (R) 51st Buncombe Asheville 



5D 

Name District County Address 

Shubert, Fern Haywood (R) 34th Union Marshville 

Smith, Ronald L. (D) 4th Carteret Atlantic Beach 

Starnes, Edgar V. (R) 91st Caldwell Granite Falls 

Sutton, Ronnie N. (D) 85th Robeson Pembroke 

Tallent, Timothy N.(R) 81st Cabarrus Concord 

Thompson, Gregory J. (R) 46th Mitchell Spruce Pine 

Tolson, Joe R (D) 71st Edgecombe Pinetops 

Wainwright, William L. (D) 79th Craven Havelock 

Warner, Edward Alexander (D)...75th Cumberland Hope Mills 

Warwick, Nurham O. (D) 12th Sampson Clinton 

Watson, Cynthia B. (R) 10th Duplin Rose Hill 

Weatherly, John Hugh (R) 48th Cleveland Kings Mountain 

Wilson, Constance K. (R) 57th Mecklenburg Charlotte 

Wilson, W. Eugene (R) 40th Watauga Boone 

Womble, Larry W. (D) 66th Forsyth Winston-Salem 

Wood, Stephen W. (R) 27th Guilford High Point 

Wright, Thomas E. (D) 98th New Hanover Wilmington 

Yongue, Douglas Y. (D) 16th Scotland Laurinburg 



514 

N.C. Speakers of the House 



Speakers of the House of Burgesses (Lower House of the Colonial Assembly) 
Assembly Representative County 

1666 George Catchmaid Albemarle 

1672 Valentine Bird Pasquotank 

1673 Valentine Bird Pasquotank 

1675 Thomas Eastchurch Unhiown 

1677 Thomas Cullen Chowan 

1679 George Durant Currituck 

1689 John Nixon Chowan 

1697-98 John Porter Bath 

1703 William Wilkison Chowan 

1707 Thomas Boyd Unhiown 

1708 Edward Mosely Chowan 

1709 Richard Sanderson Currituck 

171 1 William Swann Currituck 

1711-12 Thomas Snoden Perquimans 

1715-16 Edward Moseley Chowan 

1720 Edward Moseley Chowan 

1722 Edward Moseley Chowan 

1723 Edward Moseley Chowan 

1725-26 Maurice Moore Perquimans 

1725-26 John Baptista Ashe Beaufort 

1727 John Baptista Ashe Beaufort 

1729 Thomas Swann Pasquotank 

1731 Edward Moseley Chowan 

1733 Edward Moseley Chowan 

1734 Edward Moseley Chowan 

1735 William Downing Tyrrell 

1736-37 William Downing Tyrrell 

1738-39 William Downing Tyrrell 

1739-40 John Hodgson Chowan 

1741 John Hodgson Chowan 

1742-44 Samuel Swann Onslow 

1744_45 Samuel Swann Onslow 

1746 Samuel Swann Onslow 

1746-52 Samuel Swann Onslow 

1753-54 Samuel Swann Onslow 

1754-60 John Campbell Bertie 



515 

Assembly Representative County 

1754-60 Samuel Swann Onslow 

1760 Samuel Swann Onslow 

1761 Samuel Swann Onslow 

1762 Samuel Swann Onslow 

1762 John Ashe New Hanover 

1764-65 John Ashe New Hanover 

1766-68 John Harvey Perquimans 

1769 John Harvey Perquimans 

1770-71 Richard Caswell Craven 

1773 John Harvey Perquimans 

1773_74 John Harvey Perquimans 

1775 John Harvey Perquimans 



House of Commons 

Assembly Representative County 

1777 AbnerNash Craven 

1778 John Williams Granville 

1778 Thomas Benbury Chowan 

1779 Thomas Benbury Chowan 

1780 Thomas Benbury Chowan 

1781 Thomas Benbury Chowan 

1782 Thomas Benbury Chowan 

1783 Edward Starkey Onslow 

1784 (April) Thomas Benbury Chowan 

1784 (October) William Blount Craven 

1785 Richard Dobbs Spaight Craven 

1786-87 John B. Ashe Halifax 

1787 John Sitgreaves Craven 

1788 John Sitgreaves Craven 

1789 Stephen Cabarrus Chowan 

1790 Stephen Cabarrus Chowan 

1791-92 Stephen Cabarrus Chowan 

1792-93 Stephen Cabarrus Chowan 

1793-94 John Leigh Edgecombe 

1794-95 Timothy Bloodworth New Hanover 

1795 John Leigh Edgecombe 

1796 John Leigh Edgecombe 

1797 Musendine Matthews Iredell 

1798 Musendine Matthews Iredell 

1799 Musendine Matthews Iredell 



516 

Assembly Representative County 

1800 Stephen Cabarrus Chowan 

1801 Stephen Cabarrus Chowan 

1802 Stephen Cabarrus Chowan 

1803 Stephen Cabarrus Chowan 

1804 Stephen Cabarrus Chowan 

1805 Stephen Cabarrus Chowan 

1806 John Moore Lincoln 

1807 Joshua Grainger Wright New Hanover 

1808 Joshua Grainger Wright New Hanover 

1808 William Gaston Craven 

1809 Thomas Davis Cumberland 

1810 William Hawkins Granville 

181 1 William Hawkins Granville 

1812 William Miller Warren 

1813 William Miller Warren 

1814 William Miller Warren 

1815 John Craig Orange 

1816 Thomas Ruffins Orange 

1816 James Iredell Chowan 

1817 James Iredell. Jr Chowan 

1818 James Iredell, Jr Chowan 

1819 Romulus M. Saunders Caswell 

1820 Romulus M. Saunders Caswell 

1821 James Mebane Orange 

1822 John D. Jones New Hanover 

1823-24 Alfred Moore Brunswick 

1824-25 Alfred Moore Brunswick 

1825-26 John Stanly Craven 

1826-27 John Stanly Craven 

1827-28 James Iredell, Jr Chowan 

1828-29 Thomas Settle Rockingham 

1829-30 William J. Alexander Mecklenburg 

1830-31 Charles Fisher Rowan 

1831-32 Charles Fisher Rowan 

1832-33 Louis D. Henry Cumberland 

1833-34 William J. Alexander Mecklenburg 

1834-35 William J. Alexander Mecklenburg 

1835 William D. Haywood, Jr Wake 

1836-37 William H. Haywood, Jr Wake 

1838-39 William A. Graham Orange 

1840-41 William A. Graham Orange 



517 

Assembly Representative County 

1840-41 Robert B. Gilliam Granville 

1842-43 Clavin Graves Caswell 

1844-45 Edward Stanly Beaufort 

1846-47 Edward Stanly Beaufort 

1846-47 Robert B. Gilliam Granville 

1848-49 Robert B. Gilliam Granville 

1850-51 James C. Dobbs Cumberland 

1852 John Baxter Henderson 

1854-55 Samuel R Hill Caswell 

1856-57 Jesse G. Shepherd Cumberland 

1858-59 Thomas Settle, Jr Rockingham 

1860-61 William T. Dortch Wayne 

1860-61 Nathan N. Fleming Rowan 

1862-64 Robert B. Gilliam Granville 

1862-64 Richard S. Donnell Beaufort 

1862-64 Marmaduke S. Robbins Randolph 

1864-65 Richard S. Donnel Beaufort 

1865-66 Samuel F. Phillips Orange 

1866 67 Rufus Y. McAden Alamance 



House of Representatives 

Assembly Representative County 

1868 Joseph W. Holden Wake 

1869-70 Joseph W. Holden Wake 

1870 Thomas J. Jarvis Tyrrell 

1872 James L. Robinson Macon 

1874-75 James L. Robinson Macon 

1876-77 Charles Price Davie 

1879 John M. Moring Chatham 

1881 Charles M. Cooke Franklin 

1883 George M. Rose Cumberland 

1885 Thomas M. Holt Alamance 

1887 John R. Webster Rockingham 

1889 Augustus Leazar Iredell 

1891 Rufus A. Doughton Alleghany 

1893 Lee S. Overman Rowan 

1895 Zeb V. Walser Davidson 

1897 A.F. Hileman Cabarrus 

1899-1900 Henry G. Connor Wilson 

1901 Walter E. Moore Jackson 



518 

Assembly Representative County 

1903 S. M. Gattis Orange 

1905 Owen H. Guion Craven 

1907 E.J. Justice Guilford 

1909 A. W. Graham Granville 

1911 W. C. Dowd Mecklenburg 

1913 George Connor Wilson 

1915 Enimett R. Wooten Lenoir 

1917 Walter Murphy Rowan 

1919 Dennis G. Brummitt Granville 

1921 Harry R Grier Iredell 

1923-24 John G. Dawson Lenoir 

1925 Edgar W. Pharr Mecklenburg 

1927 Richard T. Fountain Edgecombe 

1929 A. H. Graham Orange 

1931 Willis Smith Wake 

1933 R. L. Harris Person 

1935-36 Robert Johnson Pender 

1937 R. Gregg Cherry Gaston 

1939 D. L. Ward Craven 

1941 0. M. Mull Cleveland 

1943 John Kerr, Jr Warren 

1945 Oscar L. Richardson Union 

1947 Thomas J. Pearsall Nash 

1949 Kerr Craig Ramsay Rowan 

1951 W. Frank Taylor Wayne 

1953 Eugene T. Bost, Jr Cabarrus 

1955-56 Larry I. Moore, Jr Wilson 

1957 James K. Doughton Alleghany 

1959 Addison Hewlett New Hanover 

1961 Joseph M. Hunt, Jr Guilford 

1963 H. Clifton Blue Moore 

1965-66 H. Patrick Taylor, Jr Anson 

1967 David M. Britt Robeson 

1969 Earl W. Vaughn Rockingham 

1971 Philip P Godwin Gates 

1973-74 James E. Ramsey Person 

1975-76 James C. Green Bladen 

1977-78 Carl J. Stewart, Jr Gaston 

1979-80 Carl J. Stewart, Jr Gaston 

1981-82 Liston B. Ramsey Madison 

1983-84 Liston B. Ramsey Madison 



519 

Assembly Representative County 

1985-86 Liston B. Ramsey Madison 

1987-88 Liston B. Ramsey Madison 

1989-90 Josephus L. Mavretic Edgecombe 

1991-1994 Daniel T. Blue, Jr Wake 

1995-Present Harold J. Brubaker Randolph 



520 




521 

Harold James Brubaker 

speaker of the N.C. House of Representatives 

Republican, Randolph County 
Thirty-Eighth Representative District: Portions of Randolph and 

Guilford counties 

Early Years 

Born in Mount Joy, Pennsylvania, on November 1 1, 1946, to Paul N. and Vema 

Mae Miller Brubaker. 

Educational Background 

B.S. in Agricultural Economics, Pennsylvania State University, 1969; Masters in 

Economics, N.C. State University, 1971. 

Professional Background 

President, Brubaker & Associates, Inc. 

Political Activities 

Member, N.C. House of Representatives, 1977-Present; Speaker of the House, 
1995-Present; House Minority Leader, 1981-84; Joint Caucus Leader, Republican 
Members of the N.C. General Assembly, 1979-80; Executive and Central 
Committees, N.C. Republican Party (former Assistant Secretary); Executive 
Committee, Randolph County Republican Party; Executive Committee, National 
Association for Republican Legislators; Former Executive Committee Member, 
4th District Republican Party; Co-Chairman, N.C. Reagan-Bush Committee, 
1980; Delegate At Large, National Republican Convention, 1980; Chairman, 
Randolph County Young Republicans, 1971; State Chairman, American 
Legislative Exchange Council, 1982-1989; Member, National Board of Directors 
of the American Legislative Exchange Council, 1988-Present. 

Organizations 

Randolph County Farm Bureau; Grange; N.C. Holstein Association; 4-H Club 
leader (former President, N.C. Development Fund); Director, Salvation Army; 
Former Director, Westside Volunteer Fire Department; Randolph Technical 
College Foundation; National Conference on Citizenship; Former Vice-President, 
National FFA. 

Honors 

Outstanding Young Men in N.C, 1981; Outstanding 4-H Alumni of N.C, 1981; 

Distinguished Service Award, 1981. 



522 

Personal Information 

Married to Geraldine Baldwin, November, 1972. Children: Jonathon Nissley and 
Justin Andrew. Member, St. John's Lutheran Church; Congregation Chairman; 
Past Vice-Chairman, Deacon Board. 




523 

Stephen Wray Wood 

Speaker Pro-Tempore 

Republican, Guilford County 

Twenty-Seventh Representative District: Portions of 

Guilford and Davidson counties 

Early Years 

Born in Winston-Salem on October 6, 1948, to Dock 

Wesley Richard Thomas Edmund and Annie Harris Wood. 

Education 

North Forsyth High School, 1966; Th.B., John Wesley College, 1970; B.A., 
Asbury College, 1973; M.A., UNC-Greensboro, 1980; D. Min., Luther Rice 
Seminary, 1982; M.Div., Houston Graduate School of Theology; Post-Graduate 
Study, Princeton Seminary, UNC-Greensboro, Earlham School of Religion and 
Appalachian State University. 

Professional Background 

Pastor; Singer, Songwriter and Recording artist; Former Assistant Professor of 
History and Education, Assistant Academic Dean, John Wesley College; Veterans 
Services Officer, N.C. Division of Veterans Affairs, 1987-1989; Associate 
Professor, Houston Graduate School of Theology. 

Political Activities 

Member, N.C. House of Representatives, 1985-86, 1989-Present; Speaker Pro- 
Tem, 1997-Present; Vice-Chairman, Guilford County Republican Party, 1981- 
1985; Chairman, Guilford Legislative Delegation, 1995-96. 

Organizations 

American Historical Association; Society of American Church History; Southern 
Historical Association; High Point Jaycees (Chaplain, 1982); American 
Legislative Exchange Council, American Legion; State Legislative Leaders 
Foundation; Oxford Roundtable. 

Boards and Commissions 

Steering Committee, Friends Center, Guilford College; Trustee, John Wesley 

College; Director and President, Triad Christian Counseling Center. 

Military Service 

E-3, U.S. Army; Captain, North Carolina State Defense Militia, 55 Battalion. 



524 

Personal Information 

Married, Starr Smith on June 18, 1978. Children: Allyson Wray and Joshua 

Fleming Harris. Member, N.C. Friends: Pastor, N.C. Yearly Meeting of Friends, 

1980-Present. 

Conunittee Assignments 

Ex-Ofl1cio Member of All Committees. 




525 

Namon Leo Daughtry 

House Majority Leader 

Republican, Johnston County 

Ninety-Fifth Representative District: Portions of 

Johnston County 

Early Years 

Bom December 3, 1940, in Newton Grove, Sampson 

County, to Namon Lutrell and Annie Cathleen Thornton Daughtry. 

Educational Background 

Hobbton High School, 1958; B.A., Wake Forest University, 1962; L.L.B., Wake 

Forest University School of Law, 1965, 

Professional Background 

Attorney, Daughtry, Woodard, Lawrence & Starling. 

Political Activities 

Member, N.C. House, 1993-Present; Majority Leader, N.C. House, 1995-Present; 

Member, N.C. Senate, 1989-92. 

Organizations 

Johnston County Bar Association. 

Boards and Commissions 

Member, Board of Directors, Triangle Bank and Trust Company. 

Military Service 

Captain, U.S. Air Force, Europe, 1966-70. 

Personal Information 

Married to Helen Finch Daughtry of Smithfield on August 5, 1993; Children: 
Marjorie Dana Daughtry Riley (born Nov. 5, 1969) and Kelly Kathleen Daughtry 
(Born Nov. 5, 1969). Member, St. Paul's Episcopal Church, Smithfield; Past 
Vestry Member, 1985-88. 

Committee Assignments 

Co-Chair, Judiciary I; Ex-Officio Member of All Committees. 




526 

James Boyce Black 

House Minority Leader 

Democrat, Mecklenburg County 

Thirty-Sixth Representative District: Portions of 

Mecklenburg, County 

Early Years 

Born in Matthews, Mecklenburg County, on March | 
25, 1935, to Boyce and James Margaret Query Black. I 

Education : 

I 

East Mecklenburg, 1953; A.B. in Business Administration; Lenoir-Rhyne i 

College, 1959; Doctor of Optometry, Southern College of Optometry, 1962. 

I 

Professional Background 

Optometrist, Dr. James B. Black & Associates; Former President, N.C. State 

Optometric Society. 

) 
Political Activities \ 

Member, N.C. House, 1 98 1 -84 and 1 99 1 -Present; Matthews Town Council, 1 988; I 

House Minority Leader, 1995-Present.  

Organizations | 

Optimist Club. 

Boards and Commissions j 

Board Member, Mental Health Association of North Carolina; Board Member, 
Crostdale Community Association. 

Military Service 

Petty Officer, 3rd Class, USNR, USS Massey, 1955-56; Reserves 1957-61. 

Personal Information 

Married Betty Clodfelter Black of Matthews on May 13, 1955. Children: James 
Boyce Black, Jr., and Deborah Ann Black. Member, Matthews United Methodist 
Church; Administrative Board Member, 1985-87; President Methodist Norn., 1987. 

Committee Assigimients 

Member, Appropriations Subcommittee on Education, Education Subcommittee 

on Pre-School, Elementary and Secondary Education, Insurance, Ways and Means. 



527 



Milton R Fitch, Jr. 

Deputy House Minority Leader 

Democrat, Wilson County 

Seventieth Representative District: Portions of 

Edgecombe, Nash and Wilson counties 

Early Years 

Born in Wilson on October 20, 1946, to Milton 

Frederick and Cora Whitted Fitch. 




Education 

C.H. Darden High School, 1964; B.S., N.C. Central University, 1968; J.D., N.C. 

Central University School of Law, 1972. 

Professional Background 
Attorney. 

Political Activities 

Member, N.C. House of Representatives, 1985-Present; Deputy House Minority 

Leader, 1997-Present. 

Personal Information 

Member, Jackson Chapel Baptist Church, Wilson. 

« 

Committee Assigrnnents 

Ranking Minority Member, Public Employees; Member, Congressional 

Redistricting, Finance, Judiciary I. 




528 

Julia C. Howard 

House Majority Whip 

Republican, Davie County 

Seventy-Fourth Representative District: Davie and 

Portions of Davidson counties 

Early Years 

Born in Salisbury on August 20, 1944, to Allan 
Leary and Ruth Elizabeth Snider Craven. 

Education 

Davie High School, 1962; RM, American Institute of Real Estate Appraisers; 

GRl, N.C. Association of Realtors. 

Profess ion a I Background 

Realtor/Appraiser; President, Howard Realty & Insurance Agency, Inc.; 

President, Davie Builders, Inc. 

Political Activities 

Member, NC House of Representatives 1989-Present; House Majority Whip, 

1997-Present; Commissioner, Town of Mocksville, 1981-88. 

Organizations 

Sertoma Club; Realtors Association; Davie County Board (President. 1972, State 

Director, 1973-85); AIREA-Southeastern Regional/ Review Appraiser. 

Boards and Commissions 

Davie County Hospital Board of Trustees, (Former chair, 1978-85). 

Personal Information 

Married, Abe Nail Howard, Jr., (deceased) on August 26, 1962. Children: Amedia 

Paige and Abe Nail, III. Member, First United Methodist Church, Mocksville; 

Council of Ministries (Chair, 1979-81); Youth Council, 1974-84; Sunday School 

Teacher. 



3 



Committee Assigtunents 

Chair, Ethics, Finance; Co-Chair, Human Resources; Member, UNC Board of j 

Governors, Welfare Reform; Ex-Officio Member of All Committees. 



529 



Martha Bedell Alexander 

House Minority Whip 

Democrat, Mecklenburg County 

Fifty-Sixth Representative District: Portions of 

Mecklenburg County 



Early Years 

Born in Jacksonville, Florida, on August 30, 1939, to 

Chester Bedell and Edmonia Hair Bedell. 




Education 

Robert E. Lee School, Jacksonville Florida, 1957; B.S. in Education, Florida 
State University, 1961; Master of Human Development and Learning, UNC- 
Charlotte, 1979. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present; Minority Whip, 1997- 
Present; Charlotte Women's Political Caucus (Co-Chair of Political Planning 
Committee, 1991); Democratic Women's Club; Delegate to Mecklenburg County 
Convention; State Executive Committee, Democratic Party; N.C. Women's 
Political Caucus, Policy Council Member-at-Large; Pine Needles Network 
Delegate to Democratic National Convention, 1992. 

Organizations 

Addiction Professionals of N.C; Employee Assistance Professionals Association; 
College of Chaplains; Pastoral Counselors; Association for Spiritual, Ethical and 
Religious Values in Counseling; N.C. Association for Religious and Value Issues 
in Counseling; American Association for Counseling and Development; N.C. 
Association for Counseling and Development; Charlotte Junior League (President 
and Sustaining Advisor); United Way Board; Women Executives; General 
Chairman, Capital Campaign, 1988-89; Alzheimer's Association; YWCA. 

Boards and Commissions 

Board Member and President, YWCA, 1990-92; Mecklenburg Medical Auxiliary 
Endowment Fund Board; Chair, N.C. Alcoholism Research Authority, 1988-90 
and 1996; National Advisory Council on Alcohol Abuse and Alcoholism, 1996. 



Personal Information 

Married James Frosst Alexander on June 22, 1962. Children: Charlotte Tasse 

Alexander and James Chester Alexander. Grandchildren: William Glenn Little, 



530 

Jacob Alexander Little and Benjamin Frosst Little; Member, Christ Episcopal 
Church; Chair, Companion Diocese Commission, 1983-Present; Diocesan 
Council 1984-92; Overseas Commission Member; Delegate or Alternate to 
Diocesan Convention, 1975-Present. 

Committee Assigfiments 

Ranking Minority Member, Commerce Subcommittee on Business and Labor, 
UNC Board of Governors; Member, Appropriations Subcommittee on Human 
Resources, Election Law and Campaign Reform, Welfare Reform. 




531 

Jerry Braswell 

House Minority Whip 

Democrat, Wayne County 

Ninety-Seventh Representative District: Portions of 

Duplin, Sampson and Wayne counties 

Early Years 

Bom in Rosewood, Wayne County, on June 23, 1952, to Herbert Hoover Braswell 

and Ethel Eldridge Braswell. 

Education 

Goldsboro High School, 1967-1970; B.A. in Political Science and Business, 
Morehouse College, 1970-74; J.D., UNC School of Law, UNC-Chapel Hill, 
1974-77; Naval Justice School, 1978-79; Business Degree, University of San 
Diego School of Business, 1979-80. 

Professional Background 
Attorney. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present; House Minority Whip, 

1997-Present; Wayne County Commissioner, 1988-92. 

Organizations 

N.C. Bar Association; N.C. Association of Black Lawyers; N.C. Academy of 
Trial Lawyers; American Trial Lawyers Association; Sertoma Club of Wayne 
County; Goldsboro Area Chamber of Commerce. 

Boards and Commissions 

Board of Directors, Legal Services of N.C. (President), 1992-94; Advisory Board, 
Salvation Army; Board of Directors, Wayne County Boys and Girls Club; Board 
of Directors, Wayne Economic, Business and Professional Organization; 
Advisory Board, First Citizens Bank. 

Military Service 

Lieutenant, JAGC, U.S. Navy, 1977-1982; Reserves, 1973-77. 

Personal Information 
Children: Joi A. Braswell 



532 

Committee Assignments 

Ranking Minority Member, Judiciary I; Member: Appropriations Subcommittee 
on General Government, Commerce, Commerce Subcommittee on Public 
Utilities, Election Law and Campaign Reform. 



533 



Alma S. Adams 

Democrat, Guilford County 

Twenty-Sixth Representative District: Portions of 
Guilford County 



Early Years 

Born in High Point on May 27, 1946, to Benjamin 

(deceased) and Mattie Stokes Shealey. 




Educational Background 

West Side High School, Newark, N.J., 1964; B.S. in Art Education, N.C. A&T 
State University, 1969; M.S. in Art Education, N.C. A&T State University, 1972; 
Ph.D. in Art Education/Multicultural Education, Ohio State University, 1981. 

' Professional Background 

! Professor/Administrator, Bennett College (Chair, Visual Arts; Professor of Art). 



Political Activities 

Member, N.C. House, 1994-Present; Greensboro City School Board, 1984-86; 

Greensboro City Council, 1987-94; Vice-President, N.C. Legislative Black 

1 Caucus, 1995; Guilford County Democratic Women; Women's Political Caucus. 

Organizations 

National Art Education Association; National Conference of Artists; Co-Founder 
and President of the Board, African American Atelier, Inc.; Former Second Vice- 
President, Greensboro Branch, NAACP; One Step Further Board; Former Board 
Member, Carolina Peacemaker; NAACP Executive Board; Former Founding 
Board Member, Greensboro Education Development Corporation; N.C. Equity; 
League of Women Voters. 

Honors and Awards 

Distinguished W.K. Kellogg Fellow, 1990-93; Sojourner Truth Award, 1988; 
Woman of the Year, 1990; African American Woman of Distinction, 1994; 
! Woman of Achievement in the Arts, 1992. 

Personal Information 

Children: Billy Eugene and Linda Jeanelle; Member, New Zion Missionary 

Baptist Church; Former Member, W.D. Johnson Choir; Member, Women's Choir. 



534 

Committee Assignments 

Appropriations, Appropriations on Human Resources, Human Resources, Human 
Resources on Families, State Government, State Government Subcommittee on 
Military, Veterans and Indian Affairs. 



535 



M.W. "Henr/' Aldridge 

Republican, Pitt County 

Ninth Representative District: Portions of Greene 
and Pitt counties 



Early Years 

Born in Craven County on April 27, 1923, to Marvin 

Franklin and Neva Mae Warren Aldridge. 



t. * 






Educational Background 

Craven County Farmlife School, Vanceboro, 1939; Louisburg College; East 

Carolina University and UNC-Chapel Hill; D.D.S, Medical College of Virginia, 

1950. 

Professional Background 

Periodontist, Aldridge and Summers, D.D.S., P.A. Member, Consulting Staff of 
Pitt County Memorial Hospital; Clinical Instructor in the Department of Surgery, 
Division of Dentistry, East Carolina University School of Medicine; Attending 
Faculty, Dentistry, Department of Family Practice, East Carolina University 
School of Medicine. 



Political Activities 

Member, North Carolina House, 1995-Present; Greenville City Council, six 

years; Mayor Pro-Tem, City of Greenville, two years. 

Organizations 

American Dental Association; North Carolina Dental Society; Past President, Fifth 
District Dental Society; East Central Dental Society; American Academy of 
Periodontology; Southern Academy of Periodontology; Periodontal Study Club of 
the Carolinas; Past President, N.C. Society for Preventive Dentistry; Past President, 
Loblolly Dental Study Club; Carolina Preventive Study Club; Past Advisor, Dental 
Division, N.C. Public Health; Past Director, Dental Foundation of North Carolina; 
Past Regional Chair, N.C. Doctor Dial Program; Lenoir County Dental Society; 
Piedmont Periodontal Study Club; Past President, ECU Alumni; Past President, 
ECU Pirates Club; Past President, Greenville Chamber of Commerce; Past 
President, Junior Chamber of Commerce; Past President, Pitt Medical Associates; 
Past President, Greenville Boys Club; Past President, Greenville Lions Club; Past 
President, Fifth District Dental Society; Past President, Greenville Little League; 
Retired Director, NationsBank; Member, Hot Stove League; Former Little League 
Coach; Guest Co-Host, Carolina Today; Promise Keepers. 



536 

Boards and Commissions 

Member, Board of Directors, N.C. Family Policy Council; Former Member, 

Board of Directors, Carolina Pregnancy Center. 

Military Sen'ice 

Sgt., 1 13th Evacuation Hospital, U.S. Army, Europe, 1943-46; Two battle stars. 

Honors and Awards 

American College of Dentists; International College of Dentists; Pierre Fauchard 
Academy; Royal Society of Health; Graduate Chapter, Delta Sigma Delta; State 
Preventive Dentistry Award; State Distinguished Service Award, Public Health 
Association; State Dental Public Health Award; Distinguished Service Award 
Winner, Junior Chamber of Commerce; Eagle Scout; Defender of Life Award. 

Personal Information 

Married to Susan Emily Tuttle of Kannapolis. Five Children; 13 grandchildren; 
Member, Jarvis United Methodist Church; Past Chair, Board of Stewards; Past 
Lay Leader; Past Sunday School Teacher. 

Committee Assignments 

Co-Chair, Human Resources; Member, Agriculture, Appropriations 
Subcommittee on Human Resources, Election Law and Campaign Reform, 
Transportation, UNC Board of Governors. 




537 

Gordon Phillip Allen, Sr. 

Democrat, Person County 

Twenty-Second Representative District: Person and 

Portions of Franklin, Granville, Halifax, Vance and 

Warren counties 

Early Years 

Born in Roxboro, on April 29, 1929, to G. Lemuel 

and Sallie Wilkerson Allen. 

Educational Background 

Roxboro High School, 1947; A. A. in Business, Mars Hill College, 1949. 

Professional Background 

Independent Insurance Agent, Thompson-Allen, Inc.; 1978 Chairman Legislative 
Committee; 1978-1981 Director and Former Board Member Peoples Bank of 
Roxboro and Central Carolina Bank; Director and Chairman of Board of Home 
Savings and Loan of Durham, N.C.; Legislative Agent NCBA, 1978-1997. 

Political Activities 

Member, N.C. House of Representatives, 1997-Present; N.C. Senate, 1969-1974; 
Senate President Pro-Tem and Majority Leader, 1971-1974; Co-Chair, Legislative 
Research Committee; Co-Chair, Legislative Services Committee, 1971-1974. 

Organizations 

Chairman, Legislative Committee Independent Insurance Agents of North 
Carolina, 1978; Director, Independent Insurance Agents of North Carolina, 1976- 
1978; President, Roxboro Kiwanis Club; President, Roxboro Area Chamber of 
Commerce; Chairman, United Way Budget Committee. 

Boards and Commissions 

Member, Roxboro Development Board; Chairman and Longtime Member, 
Economic Development Commission; Chairman, Downtown Re-Development; 
Board Member and Finance Chairman, Partners in Education; Founding 
Chairman, Piedmont Community College and Board Member for 29 years. 

Honors and Awards 

Jaycees Distinguished Service Award, 1959. 



538 

Military Service 

1st Lieutenant, 2nd Infantry Division, U.S. Army, 1951-53; Served in the Korean 
War; North Carolina National Guard; Awarded Bronze Star while serving as 
Platoon Leader in Korean War; Company Commander, North Carolina National 
Guard, 30th Division. 

Personal Information 

Married Betsy Harris Allen of Ro.xboro on July 12, 1952. Children: Phillip, bom 
1953, Kassie, born 1956, Betsy Reade, born 1959, George, born 1961, and Page, 
born 1965; Sixteen grandchildren. Member, Long Memorial United Methodist 
Church; Chairman, Board of Stewards; Chairman, Finance Committee; Chaimian 
and Trustees; Sunday School Teacher for 30 years; Chairman, Building 
Committee; Delegate to Annual Conference. 

Committee Assiginnents 

Member, Appropriations Subcommittee on Natural and Economic Resources, 
Commerce, Subcommittee on Travel and Tourism, Education Subcommittee on 
Universities. Judiciary 11, Technology. 



539 




Gary D. Allred 

Republican, Alamance County 

Twenty-Fifth Representative District: Alamance, 
Caswell and Portions of Orange and Rockingham 

counties 



Early Years 

Born February 7, 1947, in Mebane, Alamance 

County, to Maurice Frank and Rosa Etta Frances Sykes Allred. 

Educational Background 

Southern Alamance High School, 1965; B.A. in Social Science, Elon College, 

1970; Graduate School, Davidson Community College and UNC-Greensboro, 

1974-75. 

Professional Background 

Founder, President and CEO, EconoMed Pharmaceuticals, Inc. 

Political Activities 

Member, N.C. House, 1995-Present; Member, N.C. Senate, 1981-84; Chair, 
Alamance County Republican Party, 1979; Alamance County Commissioner, 
1985-94; Governor's Appointee, Local Government Advocacy Council, 1985. 

Organizations 

Former Member, Graham Jaycees; Former Member, Alamance County Heart 

Association; American Legion. 

Boards and Commissions 

Alamance County Board of Health; Chair, Special Gifts, Alamance County Heart 
Association; Chair, Alamance Recycling and Solid Waste Commission; Former 
Member, Board of Directors, Salvation Army; Member, Board of Directors, 
Alamance County Community Services Agency; Member, Board of Directors, 
Alamance County Heart Association; Board of Directors, Fairfax School, 1974. 

Military Service 

U.S. Navy, NATO Special Forces, 1967-68; U.S. Naval Reserves. 

Honors and Awards 

4-H Outstanding Alumnus Award for Alamance County; Free Enterprise Award 

for Alamance County, Graham Jaycees, 1979; N.C. Heart Association Founders 



540 

Award, 1980; Outstanding Public Service Award; Service Award for Alamance 
County, Graham Jaycees, 1981. 

Personal Information 

Married to Jean Brown Allred of Burlington on November 5, 1967; Children: B. 

Kirk Allred, born February 23, 1970. 

Committee Assignments 

Chair, Ways and Means; Member, Commerce, Commerce Subcommittee on 
Public Utilities, Finance, Insurance, Local and Regional Government I, Pensions 
and Retirement, Transportation. 




541 

Gene Grey Arnold 

Republican, Nash County 

Seventy-Second Representative District: Portions of 
Nash and Wilson counties 

Early Years 

Born in Rocky Mount on December 31, 1936, to 

Jacob Harboard and Bessie Lee Pittman. 

Education 

Rocky Mount Senior High, 1955; UNC-Wilmington, 1956. 

Professional Background 

Executive, Hardee's Food System, inc.; President, Specialty Food Services 

Division; Senior Vice-President, Management Division; Former 

Restaurateur. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present; Treasurer, Nash 

County, 1992 Bush for President Committee. 

Organizations 

Past President, Management Development Institute, UNC; UNC Executive 
Program; Fellow, N.C. Institute of Political Leadership; Kiwanis Club; 
Former Jaycee; Shriners. 

Boards 

Nash Community College Foundation Board; NC Wesleyan College Board of 

Visitors; Cities in Schools Advisory Board, Nash County. 

Personal Information 

Married Lynne Shannon Arnold on June 23, 1957. Children: Lisa Lynne 
Davis, Gene G. Arnold, II, and Michael Lee Arnold. Member, St. Andrews 
Episcopal Church; Eucharist Minister, 1990-93; Jr. Warden, 1981; Sr. 
Warden, 1982; Vestry, 1989-92; Long Range Planning Committee, 1992. 

Committee Assignments 

Co-Chair, Appropriations Subcommittee on Education; Member, 
Appropriations Subcommittee on Capital and Budget, Congressional 
Redistricting, Education, Education Subcommittee on Preschool, Elementary 



542 

& Secondary Education, Election Law and Campaign Reform, Finance, 
Judiciary I, Ways and Means. 




543 

Philip A. Baddour Jr. 

Democrat, Wayne County 

Eleventh Representative District: Portions of Lenoir 
and Wayne counties 

Early Years 

Bom in Goldsboro on August 5, 1942, to Philip A. 

and Louise Farfour Baddour, Sr. 

Educational Background 

Goldsboro High School, 1960; A.B. in Economics, UNC-Chapel Hill, 1964; J.D., 

UNC-Chapel Hill Law School, 1967. 

Professional Background 

Attorney, Baddour, Parker & Hine, P.C. 

Political Activities 

Member, N.C. House of Representatives, 1992-93 and 1995-Present; Chairman, 
Wayne County Democratic Party, 1972-76; Wayne County Young Democratic 
Club, President, 1970; N.C. Young Democratic Club, State Secretary, 1965, Vice- 
President for the Third Congressional District, 1970-71. 

Organizations 

N.C. Bar Association; American Bar Association; American Trial Lawyers 
Association; N.C. Academy of Trial Lawyers; Goldsboro Rotary Club; 
Benevolent and Protective Order of Elks; Goldsboro Area Chamber of 
Commerce; Wayne County Economic Development Commission, 1977-81, 1985, 
Chairman, 1988-90; Industrial Park Committee, Chairman, 1990; Goldsboro Area 
Chamber of Commerce, President, 1976-77, Board of Directors, 1974-77; Vice 
President, 1974-76; Chairman, Wayne County Bar Association/Chamber of 
Commerce Court Study Committee, 1975-76; Goldsboro Rotary Club, President, 
1985; Wayne County Chapter of the American Cancer Society, Board of 
Directors, 1968-82; Goldsboro Jaycees, 1968-78; Wayne County Sheltered 
Workshop, President, 1972-74. 

Boards and Commissions 

New East Bank of Goldsboro, Board of Directors, 1988; UNC Law Alumni 
Association, Board of Directors, 1983-86, 1992; NC State Bar Disciplinary 
Hearing Commission, 1980-86; N.C. Academy of Trial Lawyers, Board of 
Directors, 1990; N.C. Board of Transportation, 1981-85; N.C. Board of Economic 



544 

Development, 1977-81; Wayne Community College, Board of Trustees, 1986-92; 
Family Y Board of Directors, 1982-84; University of North Carolina Alumni 
Association, Board of Directors, 1970-73; University of North Carolina Law 
School Alumni Associations, Board of Directors, 1991. 

Military Service 

Lt. Colonel, N.C. Army National Guard, HQ STARC; National Guard, 1967; 
Lieutenant Colonel, Staff Judge Advocate, 30th Infantry Brigade, N.C. National 
Guard, 1975. 

Honors and Awards 

Distinguished Service Award as Outstanding Young Man of the Year (Goldsboro 
Jaycees), 1977; Exchange Club Book of Golden Deeds Awards, 1983; Robert H. 
Futrelle Good Government Award, 1971; One of Ten Most Outstanding Young 
Democrats in NC, 1968; Awarded Paul Harris Fellow by Goldsboro Rotary Club, 
1986; Neuse River Council of Governments, Outstanding Regional Citizen, 1991. 

Personal Information 

Married to Margaret Boothe Baddour. Children: Philip, III, Mark, and Helen. 

Member, St. Mary's Catholic Church. 

Committee Assigtunents 

Member, Election Law and Campaign Reform, Environment, Finance, Judiciary 

II. 



li 



545 



Rex Levi Baker 

Republican, Stokes County 

Fortieth Representative District: Alleghany, Ashe, 
Stokes, Surry and Watauga counties 



Early Years 

Born in King, Stokes County, on June 9, 1938, to 

Henry Ralph and Mary Elizabeth Slate Baker. 




Educational Background 

King High School, 1956; B.B.A., Wake Forest College, 1963; M.B.A., UNC- 

ChapelHill, 1965. 

Professional Background 

Owner, King Foods, Inc. (President, 1989-Present); Retired Executive, R.J. 

Reynolds. 

Political Activities 

Member, N.C. House of Representatives, 1995-Present; N.C. Republican State 
Executive Committee; Fifth Congressional District Republican Executive 
Committee; Stokes County Republican Party Executive Committee; Vice-Chair, 
Mizpah Precinct, Stokes County. 

Organizations 

President, Mountain View Community Building, Inc., 1993-Present. 

Personal Information 

Married to Helen Virginia Wall of King on November 14, 1959. Children: Rex 

Lowell, born December 18, 1961, and David Eric, born August 24, 1964. 

Committee Assignments 

Co-Chair, Appropriations Subcommittee on Natural and Economic Resources; 
Member, Agriculture, Appropriations, Commerce, Commerce Subcommittee on 
Business and Labor, State Government, State Government Subcommittee on State 
Parks, Facilities and Property, Transportation, Ways and Means. 



546 




Bobby Harold Barbee, Sr. 

Republican, Stanly County 

Eighty-Second Representative District: Portions of 
Cabarrus, Stanly and Union counties 



Early Years 

Born in Locust, Stanly County, on November 24, 

1927, to Relus W. and Joy Hartsell Barbee. 



Educational Background 

Graduate, Stanfield High School, 1945. 

Professional Background 

Owner, Barbee Insurance and Associates. 

Political Activities 

Member, N.C. House oi Representatives, 1987-Present; Stanly County 

Republican Men's Club. 

Organizations 

President, West Stanly Colt Club, 1982-1985; Former Member, Locust 

Elementary P.T.A., President, 1964-66, 1984-85. 

Boards and Commissions 

Member, West Stanly High School Advisory Board, 1986-87; Member, 
Stanly County Community Schools Advisory Board, 1986-87; Board of ! 
Directors, Stanly Memorial Hospital Foundation, 1990-96. 

Military Service 

U.S. Army Air Force, 1945-47. 

Personal Information 

Married, Jacqueline Pethel, of Kannapolis, August 12, 1962. Children: 
Tammy, Michelle, Crystal, Julie and Bobby, Jr. Member, Carolina | 
Presbyterian Church; Former Deacon; Music Director for Congregation, 
Missionary Trips (Africa, Indonesia, Martinique and Mexico). 

Committee Assignments 

Chair, Pensions and Retirement; Member, Appropriations Subcommittee on 



547 

Transportation, Insurance Subcommittee on Health, Local and Regional 
Government II, Public Employees, UNC Board of Governors. 



548 




Charles Mill wee Be all 

Democrat, Haywood County 

Fifty-Second Representative District: Graham, 
Haywood, Madison, Swain and Portions of Jackson 

counties 



Early Years 

Born in Asheville on October 24, 1920, to Charles M. 



and Nina P. Morgan Beall. 



Education 

Bethel High School, 1936, Brevard College, 1937-38; Haywood Community 

College. 

Professional Background j 

Senior Accountant and Inventory Controller, Champion International. 

1 
Political Activities 

Member, N.C. House, 1981 -Present: Chairman, Haywood County Democratic i 
Executive Committee, six years; Delegate, National Democratic Convention, | 
1980; Chairman, Vance- Aycock Banquet, 1980; Board of Alderman, Town of 
Canton, two terms. I 



Organizations 

Mason, Pigeon River Lodge No. 386 (Past Master); Asheville Consistory Scottish 
Rite, 32nd Degree; Vaner-Rhinehart Post, American Legion; Canton Chapter, 
York Rite Masons (Past High Priest). 

Boards and Commissions 

Commission on the Future of N.C, 1982; Commission on Manufactured 
Housing, 1982; Revenue Laws Committee, 1981; Judicial Nominating 
Committee, 1981; Committee for a Comprehensive Study of the Property Tax 
System in N.C, 1983-85; Member, Legislative Research Commission's Study 
Committee on the Insurance Laws and Regulation of Insurance Industry, 1983; 
Local Government Advocacy Council, 1983-86; Emergency Medical Services 
Advisory Council, 1985-88; Liaison, llth Congressional District, Southern 
Legislative Conference of the Council of State Governments, 1985; House Co- 
Chairman of the Legislative Research Commission's study on Itinerant 
Merchants, 1985; House Co-Chairman of the Legislative Research Commission's 
study on Outdoor Advertising, 1985; Special Committee to Study the Department 



549 

of Transportation, 1985-87; House Co-chaimian of the Legislative Research 
Commission's study on Uniform System of Voting Machines, 1986; Cafeteria- 
Style Benefits Study Commission, 1985; Member of the Legislative Research 
Commission's study on Veterans Cemeteries, 1986; North Carolina Farmworker 
Council, 1986-87; Subcommittee of the House of Representatives to determine 
agricultural needs of the farmers of N.C., 1986; House Subcommittee to study 
Utilities Commission Staff, 1986; Committee on Employee Hospital and Medical 
Benefits, 1987; Alternate Representative, North Carolina House of 
Representatives, State Federal Assembly Committee on Commerce, Labor & 
Regulation, National Conference of State Legislatures, 1987; Board of Directors, 
Rural Economic Development Center, Inc., 1987; Joint Select Committee on 
Economic Growth, 1987; Chairman, Haywood County Board of Elections, eight 
years; Co-Chairman, Property Tax Appraisal Study Commission, 1987; N.C. 
Advisory Council, Eastern Band of the Cherokee, 1988. 

Military Service 

Corporal, USAAF, Air Transport Command, World War II; Good Conduct Medal, 

American Theater Operations Medal. 

Honors 

A Friend of the Working People Award, N.C. State AFL-CIO, 1989. 

Personal Information 

Married, Margaret Jewell Rhinehart on January 19, 1954. Children: Anna K., 
Cynthia H. Beall Hyatt and Margaret F. Beall Pollock. Grandson, Alexander 
Charles Pollack; Member, Central United Methodist Church; Sunday School 
Teacher; Chairman, Administrative Board, 1978-88; Former Finance Chairman; 
Former Lay Leader and Treasurer, 1988. 

Committee Assignments 

Member, Education Subcommittee on Pre-school, Elementary and Secondary 
Education, Finance, Pensions and Retirement, State Government Subcommittee 
on Military, Veterans and Indian Affairs. 



550 




Cherie Killian Berry 

Republican, Catawba County 

Forty-Fifth Representative District: Portions of 
Catcnvha. Gasto?i and Lincoln counties 



Early Years 

Born in Newton. Catawba County, on December 21, 

1946, to Earl Killian and Lena Carrigan Killian. 



Education 

Maiden High School, 1965; English. Lenoir Rhyne College, 1967; Art, Gaston 

Community College, 1969; Computer Science, Oakland Community College, 

1977. 

Professional Background 
Manufacturer/Business Owner, LGM, Ltd. 

Political Activities 

Member, N. C. House of Representatives, 1993-Present. Former Chair, 

Legislative Task Force for the Judiciary Committee of the Michigan Legislature. 

Organizations 

American Business Women Association; Director/Producer, Reading Stage, 
Hickory Community Theatre; President, Local Michigan PTA Chapter; Member, 
Detroit Variety Club; Committee for Children's Charity. 

Boards and Commissions 

Member, North Carolina Economic Development Board; Co-Chair, Welfare 
Reform Study Commission; Member, Blue Ribbon Task Force on the Issue of the 
Potential Impact of Federal Block Grant Funding and Other Federal Actions on 
Medicaid in North Carolina; Member, Mental Health Study Commission; 
Member, Advisory Committee on Family-Centered Services; Member, Joint 
Legislative Study Commission on Job Training Programs. 

Honors and Awards 

Friend of the Working People Award, N.C. State AFL-CIO, 1997; Tarheel of the 

Week, News & Observer, 1995; Distinguished Service Award , Michigan PTA. 



Personal Information 

Married to Norman H. Berry, Jr. Children: Kimberlee and Stephanie Taylor; Step- 



551 

Children: Patricia Berry and Norman H. Berry, III. 

Committee Assignments 

Chair, Welfare Reform; Co-Chair, Commerce; Member, Appropriations 

Subcommittee on the Capital and Budget