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Full text of "North Carolina manual [serial]"



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Sccveicivy of Stal^ 



THE LIBRARY OF THE 

UNIVERSITY OF 

NORTH CAROLINA 

AT CHAPEL HILL 







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THE COLLECTION OF 
NORTH CAROLINIANA 



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1999/2000 
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UNIVERSITY OF N.C. AT CHAPEL HILL 



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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. 



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Form No A- 369 



North Carolina Manual 
1999 - 2000 



Elaine E Marshall 

North Carolina Secretary of State 



illl 



published by the North Carolina Department of the Secretary of State 

Raleigh, North Carolina 




Saiuatown Woman {late 1600s) 



Dedication 

This special millennial edilion of the North Carolina Manual is dedicated to all 
the millions of people who have ever called the Great State of North Carolina home. 
From the Native Americans who moved into this retiion long; before it took the name 
w^e know now, to the people still coming here ever)' da\' Irom other states and other 
lands to mix and share their li\'es, their talents and their stories with those alread)' 
here. 

Modern North Carolina is a rich tapestry of such life stories that have been added 
o\'er time and across man\' cultural lines. This is the place where European settlers 
lirst tried to establish colonies in the New World. This is where the public uni\'ersity 
system became a model to the entire nation. This is the place where the modern age 
of powered air flight began. 

It is also a land whose people have been tested time and time again by historys 
harder edge as well. Rex'olutionary War and Ci\'il War battles have been fought on 
this states soil, fiard economic times that few modern North Carolinians can 
comprehend ha\'e swept the across the state in decades past. Many people were once 
brought here m chains as slaves, and they and their descendents have added a proud 
chapter to this states histor\' through their struggle to o\'ercome the hardships that 
unjust laws once imposed upon them. 



:o 




Thomas Day {1801 - ca. 1861) 



Frederick Augustus Olds (1853 - 1935) 



In the 20th Century, North Carolina and her people have played a key and often 
costly, role m World War I and World War II and other modern conflicts invoK'ing 
the United States' military 

And yet, through all the good, and bad, times the North Carolina sense of 
character has emerged as one where a love of the land, common sense, a desire for 
iairness, and a "neighbor helping neighbor" attitude have become the cornerstones 
of how the people here continue to mold this states place in the modern world. 

This very special place of diverse people, rich culture, and historical achievement 
is truly poised for even greater things in the century and new millennium ahead. 

All three statues pictured here are on exhibit outside the entrance to the N.C. 
Museum of History in Raleigh. The statues were designed by Studio EIS and the N.C. 
Museum of History The Sauratown Woman lued along the Dan River in present-day 
Stokes County The adorned deer skin dress and head suggest a high stature in the 
tribe. Thomas Day was a free African- American in Caswell County who created 
fashionable furniture and architectural elements before the Ci\il War. Frederick 
Augustus Olds founded the Hall of History now the North Carolina Museum o\ 
Hickory in 1902. He devoted his life to preserving the states heritage. 



DbDICAIION 



credit 

The inside cover photograph of ihe Executive Mansion is reprinted here courtesy 
of NC Division of Tourism, ¥\\m and Sports Development. 

printing information 

This publication is printed on permanent, acid-free paper in compliance with 
the General Statutes of North Carolina. 5,000 copies of this document were printed 
at a total cost of $ 76,865.00 or $ 15.37 per copy. 



NUK I H CAROLINA 



4 



North Carolina Department of the Secretary of State 



Executive 

Elaine F.Marshall 
Rodney Maddox 
George Jeter 

Publications Division 
Sam Stowe 
Kathleen O'Brien 
Linda Wise 
Cathy Moss 

mailing address * 

NC Department of the Secretary of State 

PO Box 29622 

Raleigh NC 27626-0622 

Web site address 
www.state.nc.us/secstate 



North Carolina Secretary of State 

Chief Deputy 
Director of Communications 

Director of Publications 
Graphic Designer 
Editorial Assistant 
Editorial Assistant 



:ECRt 



iMrM ^^r 5 



T7^ 



A Message from the North Carolina Secretary of State 

For nearly a cenlury, ihe North Ccuohnu Manual has served as an accurale and 
ihoroLigh relerence source lor NorUi Carolina stale goxernincni and politics. In lact, 
1 cannot think ol another scuirce lor liiese topics as comprehensive as the one you are 
currently holding m your hand. 

Americans in general and North (.Carolinians in particular luu'C always emphasized 
the importance ol an inlormed citizenry m maintaining the health ol our democracy. 
The North Caiolina Manual serves to inlorm all (^1 us about what cuir government 
does and who makes decisions that allect us. 1 he manual helps the states various 
executive bninch agencies, universities and colleges and other institutions educate 
the people ol North Carolina about their respecli\'e missions. In turn, I ihmk, this 
manual reminds us that state goxernment — and the political process — is not stime 
laceless machine, but a human creatit>n that lunctions only as well as the wisdom 
and sound judgment ol the people who lead it. 

The North C.aroiu]Li Manual also helps put a lace on NcMth Carolina itsell lor the 
many people outside our state who may wonder what kind ol place North Carolina is 
and what its residents are like. Our state, as all ol us know, enjc)ys a combination ol 




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 public 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 poUtics, journalism, science, technology, business, industry, national defense 
and education. I think we will see, as this new century begins to unfold, that many of 
the solutions to the challenges facing us as a nation will first take root in North 
Carolina. Our state, in many respects, is a very humble, unprcieniious giant. 

If this edition of the North Carolina Manual is your first exposure to our state, 1 
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. Secretaiy of Stale 



TABLb Oh CON I bN 




introduction 

Dedication 2 

Norih Carolina Depart mcni of the Secretary of State 5 

A Message Irom the North Carolina Secretary oi State 6 

North Carolina Leaders 20 

U ni ted States Leaders 34 

North Carolina Millennium Gallery 36 

Chapter one 

North Carolina's State Symbols 71 

Chapter two 

North Carolina's Beginnings Ill 

Chapter three 

Our Constitutions: An Historical Perspective 125 

Chapter four 

The Council of State and the Executive Branch 187 

The Office of the Governor 194 

James B. Huntjr 198 

Office of the Lieutenant Governor 218 

Dennis Alvin Wicker 219 

Department of the Secretary of State 222 

Elaine E Marshall 227 

Office of the State Auditor 235 

Ralph Campbell, Jr 236 

Department of State Treasurer 240 

Harlan Edward Boyles 246 

Department of Public Instruction 252 

Mike Ward 256 

Office of the Attorney General 260 

Michael E Easley 268 

Department of Agriculture and Consumer Services 276 

James Allen Graham 286 



8 



Department of Labor 290 

Harry Eugene Payne , Jr 296 

Department of Insurance 299 

James Eugene Long 302 

Department of Administration 305 

Katie G. Dorsett 312 

Department of Commerce 314 

Rick Carlisle 321 

Department of Correction 323 

Theodis Beck 329 

Department of Crime Control and Public Safety 331 

David E. Kelly 340 

Department of Cultural Resources 342 

Betty Ray McCain 353 

Department of Environment and Natural Resources 355 

William E . Holman 364 

Department of Health and Human Services 366 

H. David Bruton, MD 380 

Department of Revenue 382 

Muriel K. Offerman 388 

Department of Transportation 391 

David T. McCoy 401 

Office of the State Controller 403 

Edward Renfrow 404 

State Board of Elections 406 

Gary O. Bartlett 408 

Office of Administrative Hearings 409 

Office of State Personnel "^1 ' 

Ronald G. Penny "'■^'^ 



lABLbOhCONItNIb 



Chapter five 

The Siaie Legislature 417 

George Rubin Hall, Jr 422 

1999 North Carolina Senate 425 

Marc Basnighl 431 

Frank W Ballance,Jr 432 

Roy A. Cooper, 111 433 

Patrick J. Ballantine 434 

Luther H.Jordan, jr 435 

James S. Forrester, MD 437 

Charles W Albertson 439 

Austin Murphy Allran 441 

Robert C. Carpenter 442 

John H. Carrington 443 

Charles Newell Carter, Jr 444 

Daniel G. Clodlelter 445 

Betsy Lane Cochrane 446 

Walter Han-ev Dalton 447 

Charlie Smith Dannelly 448 

Don W East 450 

Virginia Foxx 451 

Linda Garrou 453 

John Al len Garwood 454 

Wib GuUey 455 

Kay Hagan 456 

Oscar N. Harris 457 

Fletcher Lee Hartsell , Jr 459 

Hamilton C. Horton , Jr 460 

David William Hovle 462 

John Hosea Kerr, 111 463 

Eleanor Gates Kinnaird 465 

Howard N. Lee 466 

Jeanne Hopkins Lucas 468 

Robert Lafayette Martin 470 

William Nelson Martin 471 

Stephen Michael Metcalf 473 

Brad Miller 474 

Kenneth Ra)' Moore 475 



10 



1999 N.C. Senate (continued) 

Thomas LaFontaine Odom, Sr 475 

Beverly Eaves Perdue 477 

Jimmie Watkins Phillips 47^ 

Aaron Wesley Plyler 479 

William Robert Purcell, MD 480 

Anthony E. Rand 482 

Eric Miller Reeves 483 

McDaniel "Dan" Robmson 484 

Robert Anthony Rucho 485 

Larry Shavv' 486 

Robert G. Shaw 487 

Robert Charles Soles , Jr 488 

Ed Nelson Warren 489 

Hugh B. Webster 491 

David Franklin Weinstein 492 

Allen Hewitt Wellons 493 

1999-2000 N.C. Senate Committees 497 

1999 N.C. House of Representatives 502 

James Boyce Black 511 

Joe Hackney 512 

Philip A. Baddourjr 514 

Richard Timothy Morgan 516 

Andrew Thomas Dedmon 518 

Beverly Earle 519 

Julia C. Howard 520 

Alma S. Adams 521 

Martha Bedell Alexander 522 

Gordon Phillip Allen, Sr 523 

Gary D. AUred 525 

Gene Grey Arnold 526 

Rex Levi Baker 527 

Bobby Harold Barbee, Sr 528 

Daniel Wilson Barefoot 529 

Cherie Killian Berry 530 

Daniel T Bluejr 531 

Donald Allen Bonner 532 

rABLbOK-ONIbNIS 



1999 N.C. House of Representatives (continued) 

Joanne W Bowie 533 

Flossie Boyd-Mclntyre 534 

Jerry Braswell 536 

John Douglas Bndgeman 537 

John Walter Brown 538 

Harold James Brubaker 539 

Charles Franklin Buchanan 540 

Lanier M . Cansler 541 

J . Russell Capps 542 

James C. Carpenter 543 

Walter Greene Church, Sr 544 

Debbie A. Clary 545 

Edward Nelson Cole 546 

A. Leslie Cox, Jr 547 

James W. Crawford , Jr 548 

Billy James Creech 550 

Arlie Franklin Cul p 551 

William T. Culpepper, 111 552 

William Pete Cunningham 553 

Namon Leo Daughtry 554 

Donald Spencer Davis 555 

Michael Paul Decker, Sr 556 

Jerry Charles Dockham 557 

Ruth M. Easterling 558 

Rick Louis Eddins 559 

Zeno L. Edwards, Jr 560 

J. Samuel ElHs 561 

Theresa H . Esposito 562 

Milton E Filch, Jr 563 

Jimmie Edward Ford 564 

Stanley Harold Fox 566 

Charlotte A. Gardner 567 

Pryor Allan Gibson, III 568 

Robert Mitchell Gillespie 569 

George Wayne Goodwin 570 

W Robert Grady 572 

Lyons Gray 573 



12 



1999 N.C. House of Representatives (continued) 

Jim Gulley 575 

Robert Phillip Haire 575 

John D. Hall 577 

Thomas C. Hardaway 578 

Robert J. Hensley, Jr 579 

William S. Hiatt 580 

Dewey Lewis Hill 582 

George Milton Holmes 583 

William James Horn 584 

Howard J . Hunter, Jr 585 

John W Hurley 586 

Verla Clemens Insko 587 

Mary Longjarrell 588 

Margaret A. Jeffus 589 

Larry Thomas Justus 591 

Theodore James Kinney 593 

Joe Leonard Kiser 594 

PaulLuebke 595 

Mary E. McAllister 596 

Daniel Francis McComas 598 

Willard Eugene McCombs 599 

Paul Reeves McCrary 600 

Marian Nelson McLawhorn 60 1 

William Edwin McMahan 603 

Olin Max Melton 604 

Henry M. Michaux, Jr 605 

George W Miller 606 

David Morris Miner 607 

William Franklin Mitchell 608 

Richard Lee Moore 609 

Amelia A.H. Morris 610 

Jane H. Mosley 611 

Charles B. Neely Jr 612 

Martin Luther Nesbitt, Jr 613 

EddNye 614 

Warren Claude Oldham 615 

William Clarence Owens, Jr 616 



rABLt 01- CON I LN I b 



1999 N.C. House of Represcnialixcs Cconiinued) 

J anies A n hu r Pope 618 

Jean Rouse Preston 619 

Lision Br)an Ramsey 621 

John M. Raytielcl 622 

Edward Da\'id Redwine 623 

Riehard Eugene Rogers 624 

Carolyn B. Russell 626 

Drew Pasehal Saunders 628 

Mitehell Smith Selzer 629 

Paul Wayne Sexton, Sr 630 

Wilma M. Sherrill 631 

Ronald Lynwood Smith 632 

Len Sossamon 633 

Edgar V Starnes 634 

Ronnie Neal Sutton 635 

Timothy N . Tallent 636 

WB. league, Jr 637 

Scott E. Thomas 638 

Gregory James Thompson 639 

Joe R Tblson 640 

Russell E. Tucker 641 

William L. Wainwright 642 

Trudi Walend 643 

Alex Warner 644 

Edith D. Warren 645 

Nurham Osbie Warwick 646 

Jennifer Weiss 647 

Thomas Roger West 648 

Constance K. Wilson 649 

William Eugene Wilson 650 

Larry W Wimble 651 

Stephen Wray Wood 653 

Thomas Edward Wright 654 

Douglas Yates Yongue 655 

1999-2000 N.C. House Committees 659 



14 



Chapter six 

The Judicial Branch 659 

N.C. Supreme Court 683 

Henry E. Frye 683 

Sarah E. Parker 684 

I. Beverly Lake, Jr 685 

Robert E Orr 686 

Mark D. Martin 687 

George L. Wainwright, Jr 688 

Eranklin E . Ereeman , Jr 689 

Thomas Warren Ross 692 

N.C. Supreme Court of Appeals 693 

Sidney Smith Eagles, Jr 693 

K. Edward Greene 694 

John Baker Lewis, Jr 695 

James Andrew Wynn , Jr 696 

John Charles Martin 697 

Joseph R. John, Sr 698 

Ralph A. Walker 699 

Linda M. McGee 700 

Patricia Timmons-Goodson 701 

Clarence E . Horton, Jr 702 

Robert Carl Hunter 703 

Robert Hok Edmunds, Jr 704 

Donald L. Smith 705 



TABLb 01- LUN I tN 




Chapter seven 

UN C Sysle m Col leges and D n i ve rsilies 719 

Molly Corbell Broad 722 

Appalachian State University 724 

Francis T. Borkowski 725 

East Caroltna Unix'ersity 726 

Richard Ronald Eakin 727 

Elizabeth City State University 728 

Mickc)' L. Bitrnim 730 

Eayettevillc State University 731 

Willis B. McLeod 733 

N.C. Agricultural and Technical State University 734 

Dr. James Carmichael Renick 735 

North Carolina Central University 736 

Julius LeVonne Chambers 738 

N.C. School of the Arts 739 

Alexander C. Ewing 741 

N.C. State University 742 

Marye Anne Fox 747 

University of North Carolina at Asheville 748 

James Hayes Mullen 749 

University of North Carolina at Chapel Hill 750 

Dr. James Moeser 755 

University of North Carolina at Charlotte 756 

James H. Woodward 758 



16 



University of North Carolina at Greensboro 759 

Patricia A. Sullivan 752 

University of North Carolina at Pembroke 753 

Dr. Allen C. Meadors 755 

University of North Carolina at Wilmington 766 

James R. Leutze 767 

Western Carolina University 768 

John William Bardo 769 

Winston-Salem State University 770 

Harold L. Martin, Sr 77I 

Chapter eight 

N. C. Community College System 773 

H . Martin Lancaster 775 

Chapter nine 

Private Colleges and Universities 823 

Chapter ten 

North Carolina Political Parties 829 

2000 Democratic Party of North CaroHna Platform 829 

2000 Libertarian Party of North Carolina Platform 851 

2000 Republican Party of North Carolina Platform 859 



TABLE Oh CON I bN I S 



Chapter eleven 

Ll n iicd Stales Govcrnmcn i 875 

ConslilLilion of the I'niled Stales 887 

Aniendmenis to the U.S. Constituiion 898 

W illiam Jelleison Clinton 908 

Albert Gore, J i 909 

One llundi-ed and Si.xth U.S. Congress 913 

Jesse Helms 914 

John Edwards 915 

House oi Represent al i\es 916 

Eva MePherson Clayton 917 

Bob Eihendge 918 

Walter B. Jones Jr 919 

David Eugene Priee 920 

Riehard Burr 921 

J. Howard Coble 922 

Mike Mclnlyre 923 

Robin Cannon Hayes 924 

Sue Myriek 925 

Thomas Cass Ballenger 926 

Charles H. Taylor 927 

Melvm Wall 928 

United States Judieiary 929 

Samuel James Ervm ,111 930 

James Dickson Phillips, J r 931 

United States District Court in North Carolina 932 

James Carroll Fox 933 

Malcolm Jones Howard 934 

W Earl Brill 935 

N. Carlton Tille\; Jr 936 

Frank William Bullock, Jr 937 

William L. Osteen 938 

James A. Beal>; Jr 939 



18 



Richard Cannon Erwin 940 

Hiram Hamilton Ward 94] 

Graham C . Mullen 942 

Richard Lesley Voorhees 943 

Lacy H . Thornburg 944 

Robert D . Potter 945 

Chapter twelve 

Counties and Then" Governments 947 

Chapter thirteen 

Elections and Voting Records 1005 

The North Carolina Electoral College 1008 

North Carolina Voter Registration - April 2000 1012 

1998 Primaries for U.S. Senate 1020 

1998 Primaries for U.S. House of Representatives 1032 

1998 General Election for U.S. Senator 1037 

1998 General Election for U.S. House of Representatives 1041 

2000 Primaries for U.S. President 1049 

2000 Primaries for U.S. House of Representatives 1057 

2000 Primaries for Governor 1 060 

2000 Primaries for Lieutenant Governor 1076 

2000 Primaries for State Auditor 1084 

2000 Primary for State Treasurer 1092 

2000 Primary for State Agriculture Commissioner 1096 

2000 Primaries for State Labor Commissioner 1 108 

Chapter fourteen 

North Carolina Population Data 1117 

1999 Certified County Population Estimates 1120 

1999 Percentage of County Population Living in Active Municipalities 1 128 

July 1999 Population Densities by County 1 132 

1999-2008 Projected Annual County Population 1 1 36 

1999 Municipal Population Estimates 1 144 



TABLE Oh (LON I bN I S 




Governor James B. Hunt, Jr. 



NORIH CAROLINA 



20 




Lieutenant Governor Dennis A. Wicker 



LEADERS 




Secretary of State Elaine E Marshall 

NORTH CAf^OLINA 



22 




State Auditor Ralph Campbell 



LbADERS 




State Treasurer Harlan E. Boyles 

NOf^lH CAROLINA 



24 




Superintendent of Public Instruction Dr Michael E. Ward 



LtADbRS 




Attonuy General Michael E Easley 



NORIHCAMOLINA 



26 




Commissioner of Agrkiihuyc James A. Graham 



LbADbHS 




Commissioner of Labor Harry E. Payne, Jr 



NORTH CAf^OLINA 



28 




Commissioner of Insurance James E. Long 



LbADbRS 





N.C. Senate President Pro Tempore Marc Basnight 



NOR I H CAROLINA 



30 




N.C. House Speaker Jim Black 



LEADERS 




N.C. Supreme Court Chief Justice Henry Frye 

NORTH CAROLINA 



32 




N.C. Court oj Appeals Chi cj Judge Sidney Eagles 



LbADEf^S 




President William Jefferson Clinton 



UNITED STATES 



34 



Vice-President Albert Gore, /»; 



LbADbRS 



Photography captures more that what can be seen through the view-finder of a 
camera. It freezes a gUmpse of a world that will soon enough fade from human 
memory. North Carolinians, like Americans in other states, are fascinated by 
their past. Photographs help satisfy that curiosity, telling us things about the past 
that no living person or written document could. The North Carolina Manual 
has always been a photograph of sorts, documenting the states government and 
people in one particular moment of time and guarding that moment for future 
generations to examine and re-live. The photographs in this gallery celebrate the 
spirit of North Carolina at the turn of the 21st Century. Some day they will serve 
as a li\^ng link between our age and generations unborn. We would like to 
thank all of the photographers whose work was chosen for this gallery for their 
willingness to share their view of our state for posterity. 



Julie Russell 



"Dawn of a New Millennium' 







CAROLINA BEACH 



I ^ 



ORTH CAf^OLINA 



Margaret Marker 



"Hatteras Moving" 




CAPE HATTERAS 




LLEN NKM GALLERY 



MILLENNIUM GALLERY 



LINVILLE GORGE 




Yoko Shimazaki-Kilburn 



'Linville Gorge' 



• 598»aKBS«tSSSii*-i>,:- ^ :j:.5tM • ii,V?ii: :■ 



NEAR LOUISBURG IN FRANKLIN COUNTY 




Brian Fleming 



''Laiucl Mill' 



North Carolina's past dwells in 
subtle corners, thrust up by human 
endeavor, weathered by the elements 
and cherished for its quiet beauty 
and rough-hewn dignity. 



North Carolina basks silent m the 
autumn sun, its colors in constant 
motion throughout the seasons. 



Rita McSwain 



'A Carolina Millennium Fall" 




GREENSBORO 




CINA 



Joni Henderson 



'Autumnal Red' 










ASHEBORO 



Teresa Cook 



"Grandfather Mountain" 




A VIEW OF GRANDFATHER MOUNTAIN FROM BLOWING ROCK 



MILLENNIUM GALLERY 



THE NORTH CAROLINA STATE FAIR IN RALEIGH 




Austin Proctor 



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"Fair Ride" 



A man-made wheel floats in a sky forged 
by no human hand. Even in celebration, 
nature and the creation of human minds 
seek a natural balance. 



THE NORTH CAROLINA STATE FAIR IN RALEIGH 




Austin Proctor 



'Fair Fun 



A majestic perch for sur\^eying the 
startling silence in a valley below, 
roiling with color, a jumping-off 
place for the human imagination. 



Yoko Shimazaki-Kilburn 



"Storyteller Rock" 




GRANDFATHER MOUNTAIN 



John Althouse 



"A Matter oj Balance" 




BACK SWAMP 




LLENNIUM GALLEf^Y 



MILLENNIUM GALLERY" 



BODIE ISLAND 




John Salem 



'Infinity" 



CAPE HATTERAS 





Amy Simmons 



The Light" 



CAPE LOOKOUT - CORE BANKS 




Fred Flora 



Tishing the Banks" 



The Atlantic Ocean is North Carolina's 
constant companion, by turns life-giving 
and Ufe-taking, always beckoning us out 
of time to remind us of timelessncss. 



Nancy Henderson 



"Waiting for the Train" 




NORTH CAROLINA TRANSPORTATION MUSEUM, SPENCER 




AROLINA 



Snow softens the landscape in North Carolina, 
summons the close silence of serenity... 



Christopher Westall 



Tisgah Snow Covered Bridge" 




RANDOLPH COUNTY 



MILLbNNIUM GALLtkY 




MILLENNIUM GALLERY 



SILK HOPE, CHATHAM COUNTY 




Jerry Barlow 



"Cowvcntum" 



It chills and challenges living beings to 
endure, to persevere, to meet the land 
on its own terms. 



SILK HOPE, CHATHAM COUNTY 




Jerry Barlow 



"Silent Morning" 



Nathan Thomas "Sentinel" 




DURHAM 



Larry Bennett 



"Blizzard 2000" 




\ A ■■AmjJt 



if/ 



FUQUAY-VARINA 




Kelly O'Neill 




''Heaven's Perch" 



"^^^^i^, 



FUQUAY-VARINA 




Krista Herold 



"Anson County's Blizzard oj 2000" 




DOWNTOWN WADESBORO 



MILLbNNIUM GALLbRY 




MILLENNIUM GALLERY 



OAK STREET IN HIGHLANDS 




Cynthia Strain 



"Cranes Stable' 



What is most eloquent about North Carolina 
lies in what survives. The elements may wear 
away all in the fullness of time and human 
folly may wither much in an instant. What 
abides both forces gains beauty and dignity 
in the process. 



oamHumeasiwx-^Niisb'K.^'is.'aiar* 



HIGHWAY 40 NEAR GARY 




Ted Zolkowski 



"Highway to Heaven (Giidlock)" 



Cheryl Warren 



'City Street" 




RALEIGH 



NORTFrrMOnNT^ 



56 



In North Carolina, the beauty 
of man's imagination and the 
splendor of nature can, given 
wisdom, patience and the 
states tradition of prudence, 
meld together in time. 



Deborah French 



affii 



fffis^ as iij jjj' !': '^ 



mm 

.am 





'Wilmington in Autumn" 





111 ' " "^ 

111 i ... I J 




WILMINGTON 



MILLENNIUM GALLbkY 



MILLENNIUM GALLERY 



RALEIGH 




Ray Kilburn 



"The National Opera Company - Cosi Belles' 



!IBIiKKXtf)k>aM&'» 



LAKE GLENVILLE 




Lori Turnipseed 



"Fire in the Sky' 



North Carolina is a tree standing 
watch stolidly on a ridge crest, the 
burning brand of heaven flowing 
past il undisturbed... 



North Carolina is a deep mountain lake 
at days end, its cool, emerald depths 
giving back last light as night wells up 
from its banks... 



Keiley Hinchliffe 



"DusJz of Lake Hiawassee' 




MURPHY 



NORTH CAROLINA 



60 



Karen Lanzer 



"Milleimiiim GaV 




DUKE POWER VISITOR'S CENTER AT LAKE NORMAN 



MILLENNIUM GALLERY 



MILLENNIUM GALLtHY 



GREENFIELD LAKE, WILMINGTON 




Dr. Harry Mathis 



"Beautiful Dying Lake' 



North Carolina is a fragile 
boundary between earth and ocean, 
a precious inheritance whose future 
depends on mankinds willingness 
to protect and preserve, to cure and 
restore what has been threatened... 



62 



«isj«su<si'  :-.«>!SV.'VaMi«»«t'«l»»*^'i,ijjii.v^.;„s.j ., .. -.., . 



CARROT ISLAND. OFF THE COAST FROM BEAUFORT 




Shannon Slater 



'Wild Mustang Grazing" 



North Carolina is a stage where 
human destiny is worked out each 
day against a backdrop of history 
and tradition challenged by social 
and economic change, a laboratory 
where the best of the past infuses 
the hopes of our common future... 



Pattie Templeton 



"Milking Time in Iredell County" 




NEAR STATESVILLE IN IREDELL COUNTY 




CAROLINA 



Marilyn Armlin 



"A Bit of Country" 




FORT DOBBS ROAD, STATESVILLE 




DM GALLbRY 



iVIIL-l-CiMINIUIVI ^J 




Harriet Wood-Pruden 



''Belvedere Swamp" 



' >K»iiXtilvjiiVKJtf^ 'H- ^'J{- .HA' rt> :»^-* - ->v' 



RALEIGH AT WADE AVENUE AND BLUE RIDGE ROAD 




Nolle Ferrell 



"Drive Homi 



North Carolina is a shaft of light in a darkening 
sky. It IS well-loved and well worth loving. It is 
a cosmos of humility, ingenuil); quiet strength 
and benediction. It is our home. 



Millennium Gallery Photographers 

John Althouse of Jacksonville A Matter of Balance 

Marilyn Armlin of Statesville A Bit of Country 

Jerry Barlow of Siler City Cowvention 

Jerry Barlow of Siler City Silent Morning 

Larry Bennett of Fuquay-Varina Blizzard 2000 

Teresa Cook of Kannapolis Grandfather Mountain 

Nolle Ferrell of Apex Drive Home 

Brian Fleming of Rocky Mount Laurel Mill 

Fred Flora of Lenoir Fishing the Banks 

Deborah French of Wilmington Wilmington in Autumn 

Margaret Marker of Morehead City Hatteras Moving 

Joni Henderson of Asheboro Autumnal Red 

Nancy Henderson of Lake Toxaway Waiting For The Train 

Krista Herold of Wadesboro Anson County s Blizzard of 2000 

Kelley Hinchliffe of Asheville Dusk over Lake Hiawassee 

Ray Kilburn of Raleigh Cosi Belles 

Karen Lanzer of Kure Beach Millennium Gal 

Dr. Harry Mathis of Wilmington Beautiful Dying Lake 

Rita McSwain of Lake Junaluska A Carolina Millennium Fall 

Kelly O'Neill of Fuquay-Varina Heaven's Perch 

Austin Proctor of Mint Hill Fair Fun 

Austin Proctor of Mint Hill Fair Ride 




UUK 



Julie Russell of Carolina Beach Dawn of a New Millennium 

John Salem of Ligonier, Pennsylvania Infinity 

Yoko Shimazaki-Kilburn of Raleigh Linville Gorge 

Yoko Shimazaki-Kilburn of Raleigh Stoiyleller Rock 

Amy Simmons of Kill Devil Hills The Light 

Shannon Slater of Mooresville Wild Mustang Grazing 

Cynthia Strain of Highlands Crane's Stable 

Pattie Templeton of Huntersville Milking Time in Iredell County' 

Nathan Thomas of Durham Dogwood Sentinel - fanuary 2000 

Lori Turnipseed of Glenville Fire in the Sky - Lake Glenville 

Cheryl Warren of Apex City Street 

Christopher Westall of Asheboro Pisgah Snow Covered Bridge 

Harriet Wood-Pruden of Edenton Albemarle Sound 

Ted Zolkowski of Gary Highway To Heaven (Giidlock) 



Photo courtesy of Statesville Record & Landmark. 



MILLENNIUM GALLERY 



NORIH CAROLINA 




Lords Proprietor Seal 



Albemarle Seal 1665-1730 



North Carolina's State 
Symbols 

Like every other state m 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 b\' the N.C. General 
Assembly to promote important North Carolina products, natural resources and 
human achievements. 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 cultural character, natural wonders 
and rich history. 

The Great Seal of the State of North Carolina 

The state seal is probably the oldest official state symbol. A seal lor imporiani 
documents was used before a state government was organized in Norih Carolina. 
During the colonial period North Carolina used four differeni seals m succession. 
Since independence, the state has used six differeni versions ol the seal. 



STATE SYMBOLS 



NORTH CAROLINA MANUAL 1999-2000 





Provincial Seal 1730-1767 



Provincial Seal 1767-1/76 



Shortly after King Charles 11 issued the Charter of 1663 to the Lords Proprietor, 
a seal was adopted to use m 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 Ofhce m London. The seal had two sides and was 3 and 3/8 
inches in diameter. The impression was made by bonding two wax cakes together 
with tape before being impressed. The finished impression was about a quarter-inch 
thick. This seal was used on all official papers of the Lords Proprietor ot Carolina, 
w^hich at the time included all of the territory inside the current borders ot both 
North Carolina and South Carolina. 

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



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NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




State Seal 1 779-1 794 



State Seal 1794-1836 



When North Carolina became a royal colony in 1729, the old "Albemarle" seal 
was no longer applicable. On February 3, 1730, the Board of Trade recommended 
that the kmg 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 origmal "Geo. 11." 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 
fetching the seal from Cape Fear was paid £10 for his journey The impression of ihc 
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 cusioinar)- 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, 1 767, Governor 
Tryon produced a new great seal of the province with His Majcsiys Royal Warrant 
from the Court of St. James bearing the dale of the Qlh day of Jiih', 1 767. The old seal 



73 



NORTH CAROLINA MANUAL 1999-2000 




State Seal 1836-1893 



State Seal 1893 - 1971 



was returned to his Majesty's Council office at Whitehall m England. Accompan)'ing 
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 public instruments passed in the kings 
name for service within the province. It was 4 inches m diameter, 1/2 to 5/8 inclies 
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 ot 
the Great Seal to take the impression of the crown. The royal gox'ernors also used 
their pri\'ate seals on commissions and grants. 

Lord Granx'ille, after the sale of the colony by the Lords Proprietor, 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 Go\'ernor Martin to the Earl ot 
Hillsborough m November, 1771, in which he recounts the broken condition ol ihe 
seal. He states the seal had been repaired and though '^uvkwardK' mended. . . |il wasl 
in such manner as to answer all purposes.'' 

Following independence. Section XVII of the new constitution adopted at Halifa.\ 
on December 18, 1776, provided "That there shall be a Seal of this State, which shall 
be kept by the Governor, and used by him as occasion may require; and shall be 
called the Great Seal of the State of North Carolina, and be alh.xed to all grants and 
commissions." When a new constitution was adopted m 1868, Article III, Section 



74 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




State Seal 1971-1984 



State Seal 1984 - present 



16, provided for ". . .a seal of the State, which shall be kept b\' the Governor, and used 
by him, as occasion may require, and shall be called The Great Seal of the Slate oi 
North Carolina." It also provided for the Secretary of State to countersign with the 
governor. When the people of North Carolma ratified the current state constitution 
in 1970, Article 111, Section 10, contained pro\asions for "The Great Seal of the Stale 
of North Carolina." However, the wording which authorized ihc Secretary of Stale 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 ihe 
stale. 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, 1 778. The legislation 
appointed William Tisdale, Esq., to cut and engrave a seal for ihe state. On Sunday, 
November 7, 1779, the Senate granted Tisdale £1 50 to make the seal. The seal jirocured 
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 cannol be found, bui 
many of the seals still in existence are in an almost perfect slate of preservation. 



75 



NORTH CAROLINA MANUAL 1999-2000 

In January, 1792, the General Assembly aulhorized a new state seal, requiring 
thai 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 states 
Revolutionary War claims against the federal government. Martin sent a design to 
Colonel Thomas for a new seal for the state; however, after suggestions by Dr. Hugh 
Williamson and Senator Samuel Johnston, this sketch was disregarded and a new 
one submitted. This new sketch, with some modification, was finally accepted by 
Governor Spaight, and Colonel Thomas had the seal made accordingly 

The seal press for the old seal had proved unwieldy due to its two-sided nature 
and large diameter. Governor Richard Dobbs Spaight in a letter to Colonel Abisha 
Thomas m 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 m use by which the Great Seal is at present made is so 
large and unv^eldy as to be carried only m a cart or wagon and of course has become 
stationary 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 m November, 1793, at which session it was 
"approbated." The screw to the seal was 2 and 1/2 inches m 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, 1793. A new seal, which was very similar to 
its predecessor, was adopted in 1835 and continued in use until 1893. In 1868, the 
legislature authorized the governor to procure a new replacement seal and required 
him to do so whenever the old one was lost or so worn or defaced that it wa.s unfit tor 
use. In 1883, Colonel S. McD. Tate introduced a bill thai described m 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 states 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 m the background of the early seals had disappeared. The North 
Carolina mountains formed the only backdrop on the seal. 

The 1971 General Assembly in an effort to "prox'ide a standard for the Great Seal 
of the State of North Carolina," passed the following act amending the General Statutes 
provision relative to the State Seal: 



76 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

The Governor shall procure oj the State a Seal, v^hxch shall he called the Great 
Seal of the State oj North Carolina, and shall be two and one-quarter inches in 
diameter, and its design shall he a representation oJ the figures oJ 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 lefi hand and a scroll with the word "Constitution" inscribed thereon in 
her light hand. Plenty, the second figure, sitting down, her right arm half extended 
toward Liberty, three heads of grain in her light hand, and in her left, the small end 
ojher horn, the mouth of which is resting at her feet, and the contents oJ the honi 
rolling out. 

The background on the seal shall contain a depiction oJ mountains running 
firom lefit 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 light of Plenty. The date "May 20, 1775" shall 
appear within the seal and across the top of the seal and the words "esse quam 
videri" shall appear at the bottom around the perimeter No other words, figures or 
other embellishments shall appear on the seal. 

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

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



77 



NORTH CAROLINA MANUAL 1999-2000 




North Carolina State Flag 

Flags developed from ihe 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 di\'inc origins and supernatural 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 hag that symbolizes its own mdix'idual character. State hags also 
express a particular trait or commemorate some specilic, important historical event 
in state history Most state hags consist of the states official coat ol arms superimposed 
upon a suitably colored field. 

Legislative records indicate that an oilicial state flag for North Carolina was not 
established or recognized until 1861. The constitutional convention ol 1861, which 
passed the ordinance of secession, adopted a state flag. On May 20, 1861, the day the 
secession resolution was adopted, Col. John D. Whitford, a member ol the con\'ention 



78 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

from Craven County, introduced an ordinance to create a state flag. The ordinance 
specified thai the flag 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 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, 1861. The Browne model 
differed significantly from the original design proposed by Colonel Whiiford. The 
law creating the new state flag included this description: 

The Flag of North Cawhna shall consisl of a vcdjield with a white star m ihe 
centre, and with the inscription, above the star, in a semi-circular [arm, oj "May 
20th, 1775," and below the star, in a scnii-circular form, of "May 20th, 1861." 
That there shall be two bars of equal width, and the length oj the jield shall be 
equal to the bar, the width of the field being equal to both bars: the first bar shall he 
blue, and second shall be white: and the length oj the flag shall be one-lhird niore 
than its width. [Ratified the 22nd day of June, 1861} 

This state flag was issued to North Carolina regiments of stale 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 redesign the stale flag 
on February 5, 1885. The measure passed its final reading one monili later afier liiilc 
debate: 

An Act to Establish a State Flag 

The General Assembly of North Carolina do enact: 

Section 1 That the flag of North Carolina shall consisl of a blue union, containing 
in the centre thereof a while star with the letter N in gill on ihc Icfl and ihc leller c: in 
gilt on the right of said star, the circle containing the same to be onc-ihml ilu- width 
of the union. 

Section 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; thai the length o\ the bars 
horizontally shall be equal to the perpendicular length of the unuMi, and the total 
length of the flag shall be one-third more than its width. 

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



79 



NORTH CAROLINA MANUAL 1999-2000 



Section 4 That this act shall take effect from and after its ratification. In the 
General Assembly read three times and ratified this 9th day ol 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 documents authenticity was m question at the time (and remains so). 
The second date appearing on the state flag of 1861, "May 20th, 1861," commemorated 
North Carolinas secession from the Union. When a new flag was adopted in 1885, 
this date was replaced with "April 12th, 1776" to commemorate the HaUfax Resolves, 
which had placed North Carolina m 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. 



80 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 





The Cardinal - North Carolina State Bird 

The cardinal was selected by popular choice as North Carolina's oflicial Stale 
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 ol 
the most common birds that inhabit our states 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 Icinale cardinal 
is much duller in color with the red confined mostly to the crest, wings and tail. 
There are no seasonal changes in the cardinal's plumage. 

Male and female cardinals alike are renowned as a song birds. The cardinal's ncsi 
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, generally not over four leci above ihe 
ground. Cardinals in North Carolina typically set three eggs each spring. Fuilher 
north, cardinals tend to set four eggs in spring. Seeds are the mainstay ol the cardinal's 
diet, but it will also eat small fruits and insects. 



81 



NORTH CAROLINA MANUAL 1999-2000 




Tite Dogwood - North Carolina State Flower 

The General Assembly ot 1 94 1 designated ihe dogwood as the Slate 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 earl)- spring and continue on into summer, are most often 
found in white, although shades of pink (red) are not uncommon. 



82 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Honey Bee - North Carolina State Insect 

The General Assembly of 1973 designated the industrious hone)' bee as the official 
State Insect (Session Laws, 1973, c. 55). This industrious creature is responsible for 
the annual production of more than $651,000 worth of honey in the state. The North 
CaroUna Department of Agriculture estimates that, in 1998, North Carolina had near!)- 
8,000 honey-producing bee colonies maintained by apiculturists throughout the state. 
The department also estimates that each colony produced an average of 59 lbs. ol 
honey that year, a statewide honey output estimated for ihe year at 472,000 lbs. 
However, the greatest value of honey bees is their role in ihc growing cycle as a major 
contributor to the pollination of North Carolina crops. 



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NORTH CAROLINA MANUAL 1999-2000 




The Pine - North Carolina 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 m the history of our state. During 
the colonial and early statehood periods, the states economy centered on products 
derived from the pines that grew throughout 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 ol pine trees and producer ol pine tree products, 
particularly m the building industry The state has also become a major source of 
Christmas trees for the entire nation. The North Carolina Department ol Agriculture 
estimates that the states 1 ,600 commercial evergreen growers sold $92 million worth 
of Christmas trees, wreaths, roping and greenery in 1998. Most ol the states Christmas 
trees are raised m Ashe, Avery, Alleghany, Watauga and Jackson counties m the North 
Carolina mountains. 



84 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Gray Squirrel - North Carolina State Mammal 

The General Assembly of 1969 designated the gray squirrel as the olficial Stale 
Mammal (Session Laws, 1969. c.1207; G.S. 145-5). The gray squirrel is a common 
mhabitant 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- 
dwellmg rodent thrives equally well in an "untouched wilderness" environmeni and in 
urban areas and suburbs. To the delight of hikers and park dwellers alike, this furr\' 
creature is extremely active during the day and, like most humans, sleeps at night. In 
Its favorite habitat — the evergreen coniferous forest — the gray squirrel is much larger 
than other species of squirrels, usually driving away the red sciuirrel (Tamiascurus) 
whenever the two species meet. The gray squirrel is not a picky eater. Puiing ihc fall 
and winter months, it survives on a diet of hardwoods, with acorns providing most oi 
Its carbohydrates and proteins. In the spring and summer, its diet consists of "new 
growth and fruits" supplemented by early corn, peanuts and ihc occasional insect. 
Many squirrels in cities supplement their natural diet w iili raids on bird feeders. 



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NORTH CAROLINA MANUAL 1999-2000 

State Toast 

The following loasl was officially adopted as ihc Stale Toast of North Carolina hy 
the General Assembly of 1957 (Session Laws, 1957, c.777): 

Here's to the land of the long leaf pine, 

The summer land where the sun doth shine, 

Where the weak grow strong and the strong grow great, 

Here's to "Down Home," the Old North State! 

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

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

Here's to the land where maidens are fair. 
Where friends are true and cold heabrts 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 1893 (Chapter 145) adopted the words "Esse Quam 
Videri" as the states official motto. The legislators directed that these words, along with 
the date "20 May, 1775," be placed with North Carolina's coat of arms upon the Great 
Seal ot the State of North Carolina. "Esse Quam Videri" means "to be rather than to 
seem." Nearly every U.S. state has adopted a motto, generally in Latin. North Carolina's 
motto is quoted from Ciceros essay on friendship (Cicero, dc Anmidtia, 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 original thirteen without one. 



86 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Emerald - North Carolina State Precious Stone 

The General Assembly of 1973 designated the emerald as the official State Precious 
Stone (Session Laws, 1973, c. 136). A greater variety of minerals, more than 300, 
have been found in North Carolina than in any other state. These minerals include 
some of the most valuable and unique gems in the world. 

The largest emerald ever found in North Carolina was 1,438 carats and was 
found at Hiddenite, near Statesville. The Carolina Emerald, now owned by Tiflan\' 6j^ 
Company of New York, was also found at Hiddenite in 1970. When cut to 13.14 
carats, the stone was valued at the time at $100,000 and became the largest and 
finest cut emerald on this continent. 



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NORTH CAROLINA MANUAL 1999-2000 




The Channel Bass - North Carolina Salt Water Fish 

The General Assembly of 1971 designated the Channel Bass (Red Drum) as the 
official State Salt Water Fish (Session laws, 1971, c.274; G.S. 145-6). Channel bass 
can usually be found in large numbers 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 as a 94-lb. specimen caught on Hatteras Island in 1984. 
Other channel bass taken off the North Carolina coast have weighed up to 75 pounds, 
although most large catches average between 30 and 40 pounds. North Carolina 
currently limits sport anglers to no more than one channel bass longer than 18 inches 
per day and none over 27 inches. The state does not permit sales of channel bass over 
27 inches. Federal law currently prohibits fishing for channel bass any further out 
than three miles from the coast. The N.C. Division of Marine Fisheries estimates thai 
recreational anglers landed 64,782 channel bass totaling 326,573 lbs. in 1999. 



88 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Scotch Bonnet - North Carolina State Shell 

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



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NORTH CAROLINA MANUAL 1999-2000 




The Eastern Box Turtle - North Carolina 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 beauty of our natural waters. 

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



90 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




Granite - North Carolina State Rock 

The General Assembly of 1979 designated granite as the olficial Slate 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 quarr)' 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 interfering seams to mar its 
splendor. The high quality of this granite allows its widespread use as a building 
material, in both industrial and laboratory applications where super-smooth surlaces 
are necessary North Carolina granite has been used for many magnificent edifices o\ 
government throughout the United States such as the Wright Brothers Memorial at 
Kitty Hawk, the gold depository at Fort Knox, the Arlington Memorial Bridge aiul 
numerous courthouses throughout the land. Granite is a symbol of strenglh ami 
steadfastness, quaUties characteristic of North Carolinians. 



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NORTH CAROLINA MANUAL 1999-2000 




Milh - North Carolina 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, inckiding its immediate neighbor to the north, Virginia, and 
Wisconsm, the nations number one dairy state. The states dairy farmers produced 
127 million gallons of milk in 1998. The annual income Irom this production 
amounted to nearly $209 milUon m 1998. North Carolinians consume over 143 
million gallons of milk every year. 



92 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 





The Shad Boat - North Carolina State Historic Boat 

The General Assembly of 1987 adopted the shad boat as the official State Historic 
Boat (Session Laws, 1987, c. 366). The shad boat, first developed on Roanoke Island. 
IS known for its unique crafting and high maneuverability. The boats 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 conditions along the North Carolina 
coast. The shallow draft of the shad boat, plus its speed and easy handling, made ii 
ideal for use in the states 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 expensive that production of the shad boat ended in the 
1930s, although they were widely used into the 1950s. The boats were so well 
constructed that some, nearly 100 years old, are still seen around Manteo and Hatieras. 
The North Carolina Maritime Museum in Beaufort also has a shad boat in its historic 
boat collection. 



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NORTH CAROLINA MANUAL 1999-2000 




The Plott Hound - North Carolina State Dog 

The Plott hound was adopted as our otficial 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 1750 and is the only breed known to have 
originated in this state. Named for Jonathon Plott, the German immigrant who 
developed the breed as a wild boar hound, the Plott hound is a legendary hunting 
dog known as a courageous fighter and tenacious tracker. He is also a gentle and 
extremely loyal companion to North Carolina's 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 lour breeds known to be ol American origin. 



94 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Sweet Potato - North Carolina State Vegetable 

The General Assembly of 1995 designated the sweet potato as the official State 
Vegetable (Session Laws, 1995, c.521). A staple of the traditional 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 of sweet potatoes 
in the United States. According to the N.C. Department of Agriculture, North Carolina 
growers raised 3.77 billion lbs. of sweet potatoes in 1999. That years crop generated 
$44 million in cash receipts. 



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NORTH CAROLINA MANUAL 1999-2000 

State Name and Nicknames 

In 1629, King Charles 1 o{ England "erected inlo a province," all the land from 
Albemarle Sound on the north to the St. Johns River on the south, which he directed 
should be called Carolina. The word Carolina is irom the word Carolus, the Latm 
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 
Ironi 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, during the 
First Battle of Manassas in 1861, a charge by federal troops against part of the 
Confederate army's lines broke through a Virginia regiment, causing its soldiers 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 going to do with it?" the Virginians asked. 

"He is going to put it on you-uns' heels to make you stick better in the next 
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 ser\4ng 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 offlcial State Colors. (Session 
Laws, 1945, c.878). 



96 



NORTH CAROLINA'S STATE SYMBOLS 



CHAPTER ONE 



William Oaston 
»ilh Spirit 

k 



The Old North State 

(Traditional air as sung in 1926) 



Collected and arranged 
hv Mr^ ( (- Randolph 



g 



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the 




State Song 

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



97 



NORTH CAROLINA MANUAL 1999-2000 




State 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 m various towns throughout the state, gathering most 
frec|uently m 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 Carolmas state gox'ernment m 1792, a two-story brick 
State House was built on Union Square and opened in 1 796. 

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 buildings 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 ol the old State House. The new Capitol would be a cross-shaped 



98 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

building with a central, domed rotunda. The assembly appropriated $50,000 for 
construction and appointed a building committee to manage the project. The 
commission 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 that gave the Capitol its present 
appearance. 

David Paton (1802-1882), an architect born m Edinburgh, Scotland, and former 
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 1835. 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 cantilevered 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 Capitol's cornerstone was set in place on July 4, 1833. After the initial 
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 continue work on 
the new Capitol. This phase of the project employed a large number of skilled artisans 
from Scotland. 

Most of the Capitols architectural details, including the columns, mouldings, 
ornamental plasterwork and ornamental honeysuckle atop the dome, were carefully 
patterned after features of Greek temples. Its Doric exterior columns are modeled 
after those of the Parthenon. The House of Representatives chamber imitates the 
semi-circular plan of a Greek amphitheater and its architectural ornamentation 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) of $532,682.34 — an 
equivalent of more than three times the states yearly general revenues at the time. 



99 



NORTH CAROLINA MANUAL 1999-2000 

The Capitol housed all ol slate government until the late 1880s. Today the 
buildings oiily official occupants are the governor and the lieutenant governor. The 
N.C. Supreme Court moved to its own building in 1888 and in 1963, the General 
Assembly moved into the newly-constructed Legislative Building. 

A thorough renovation ol the Capitol m 1971 replaced the leaky copper roof, 
cleaned and sealed the e.xterior stone and repainted the rotunda. More recent 
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 floors, replacing worn carpets and draperies and 
repainting the rest ol 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 landscaping 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 11 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. 



100 



NORTH CAROLINA'S STATE SYMBOLS 



CHAPTER ONE 




Legislathe 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 fiouse; 
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 ol 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 together. Bids on the new building 
were received in December, 1960, and construction began in early 1961 . 



101 



NORTH CAROLINA MANUAL 1999-2000 

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 building: 

The Slate Legislative Building, tlnnigh not an in]itation oj lustone elassieal 
styles, is elassieal in ehavaeter. Rising from a 340-joot wide podiwn oj North Carolina 
granite, the building proper is 2-12 feet square. The walls and the eolumns are oj 
Vermont nuirhle, the latter forming a eolonnade eneompassing the building and 
reaehing 24 jeet jrom the podium to the roof oj the second jhor 

Inset in the south podmm floor, at the main entrance, is a 28 foot diameter 
terrazzo mosaic oj the Great Seal oj the State. From the jirst floor main entrance 
ion Jones Street) the carpeted 22-foot wide main stair extends directly to the third 
jhor and the public galleries oj the Senate and House, the auditorium, the display 
area, and the roof gardens. 

The jour garden courts are located at the corners of the building. These courts 
contain tropical plants and three have pools, jountains and hanging planters. The 
main jhor areas oj die courts are located on the first jhor and galleries overlook 
the courts jrom the mezzanine jloor The skylights, which provide natural lighting, 
are located within the rooj gardens overhead. The courts provide access to committee 
rooms in the jirst jhor, the legislative chambers in the second floor and to nKinhers' 
offices in both jhors. 

The Senate and House chambers, each 5,180 square feet in area, occupy the 
east and west wings oj the second floor Following the traditional relationship oj the 
two chambers in the Capitol, the two spaces are divided by the rotunda; and when 
the main brass doors arc open, the two presiding ojjicers jace one another Fach 
pair of brass doors weighs 1,500 pounds. 

The jive pyramidal roofs covering the Senate and House chambers, the 
auditorium, the main stair, and the rotunda are sheathed with copper, as is the 
Capitol. The pyramidal shapes of the roofs are visible in the pointed ceilings inside. 
The structural ribs form a coffered ceiling; and inside the coffered patterns are 
concentric patterns outlined in gold. In each chamber, the distance from the jloor to 
the peak oj the ceiling is 45 feet. 

Chandeliers in the chambers and the niain stair are 8 feet in diameter and 
weigh 625 pounds each. The 12joot diameter chandelier oj the rotunda, like the 
others, is of brass, but its weight is 750 pounds. 



102 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

Because of the interior climate, the garden courts and rotunda have tropical 
plants and trees. Outside, however, the shrubs and trees cue of an indigenous type. 
Among the trees on the grounds and on the roof areas are sugar maples, dogwoods, 
crahapples, magnolias, crepe myrtles and pines. 

Throughout the building, the same color schenK is maintamed: walnut, accented 
with white, gold and red, as well as green foliage. In general, all wood is Ameiican 
walnut, metal is brass or similar material, carpets are red and upholstery is gold 
or black. 

The enclosed area consists of 206,000 square feet oj floor area with a volume 
of 3,210,000 cubic feet. Heating equipment provides over 7,000,000 B.T.U.s per 
hour; the cooling equipment has a capacity oj 620 tons. For lighting, motors and 
other electrical equipment, the building has a connected service load oj 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 opened in 
April, 1999. 



103 



NORTH CAROLINA MANUAL 1999-2000 




Executive Maitsion 

North Carolina has not always provided an official home for its governors and 
their families. Prior to 1 770, the governor lived wherever he chose at his ov^ai expense. 
It was not until 1767 that the General Assemblv authorized the construction ot the 
first permanent olhcial residence. Designed by English architect John Hawks and 
built between 1767 and 1770, Tryon Palace in New Bern, named lor Ro)'al Governor 
William Tryon, became one ot the most admired public structures in North America. 
Tryon Palace, however, served as a tormal gubernatorial residence for only a short 
time. Abandoned by Tryon when the Revolution erupted, the palace was adopted as 
the new states capitol. A hre in 1798 leveled the entire structure except tor the west 
wmg. The present structure, a popular historic attraction in its own right, is largely a 
1950 reconstruction based on Hawks' original plans, as well as archaeological research. 

Shortly after Raleigh was selected as the permanent seal ot state gox'ernment in 
1792, the legislature enacted a law rec[uiring the governor to reside there. Samuel 
Ashe of New Hanover County, elected m 1794, was the first governor to come under 



104 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

ihis law. Ashe was reluctanl lo 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 Ashes 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 states 
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 ofhce for the governor 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 certainly none could be satisfied; 
even if safe in it..." 

To remedy this situation, the General Assembly of 1813 appointed a committee 
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 Governors Palace. 

Twenty succeeding governors resided in the "Palace," as it came to be c)Tiically 
termed. Many of the states most notable historical events took place there. General 
Lafayette was an overnight guest in 1825. Several sessions of the General Assembly 
were held m the building following the burning of the State House in 1831. 

Zebulon Baird Vance was the last governor to occupy the structure, abandoning 
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 onK- 
minor damage to the palace itself. 

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



105 



NORTH CAROLINA MANUAL 1999-2000 

Go\'crnor Vance was re-elected to office in 1877. In 1879, a commission appointed 
two years earlier by the General Assembly to investigate the possibilities 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 the governor. 

The General Assembly finally approved the decision to build the present Executive 
Mansion in 1883, thanks to the ellorts and perseverance of Governor Thomas J. 
Jarxis (1879-1885). The legislature authorized construction of a house on Burke 
Square, provided some furnishings and required the governor to occupy 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 leasible. 

The penitentiary board, realizing the law required it to furnish the major portion 
of labor and materials lor the Executive Mansion, authorized the warden to make a 
contract for $25,000. The Council of State accepted this arrangement. Two months 
alter passage ol the bill, the Council ol State met with the governor to discuss financing 
the project. Expenditures were not to exceed the funds available and money spent by 
the governor and council was to be placed m an itemized 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 projects architect. Because of the 
architects advanced age, however, he was passed over for the assignment. The council 
selected Samuel Sloan of Philadelphia and his assistant, Gustavais Adolphus Bauer, as 
project architects. Sloan deli\ered his proposed designs to the committee personally 
when he arrived in Raleigh on April 28, 1883. The plans called lor a three-story, 
Queen Anne-style building. On May 7, the committee accepted Sloans 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 No\'ember, 1889, before the 
mansion vv'as even occupied, repair and preservation w^^rk had already begun with 
"certain exterior and interior painting" of the woodwork. Most contemporary accounts 
of the newly-completed mansion emphasized its deplorable condition, including cheap 
plumbing and dirt used as soundproofing beneath floors. The third fioor and basement 
had been left unfinished. 

The mansion was finished in late 1890, but Governor Daniel Fowle (1889-1891) 
did not mo\'e in until early January, 1891. He was particularly anxious to occupy the 



106 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

house in \4ew of earlier attempts to abandon it as a residence for the governor. Fowle 
brought his own furniture to the mansion, setting a precedent followed for many 
years before the house was adec[uately 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 m the mansion lor a full four-year term 
(1893-1897). Like his predecessors, he found the house m need of furnishings and 
repairs. The legislature allocated funds m February, 1893, to complete the mansion 
and make mterior improvements. Two years later, another appropriation 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 recommend needed 
alterations. The committee found that minor repairs were needed and promptly 
introduced a resolution to provide the necessary money. In March, 1897, an 
appropriation of $600 was allotted for the mansions upkeep. 

As frequently seemed the case with new governors, Thomas Bicketts 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 renovations. As 
preparations were made for Governor Angus W McLean's residence in the mansion 
(1925-1929), the previous renovations were pronounced inadequate. Sentiment for 
removing the house and landscaping Burke Square as a public park was once again 
aroused. Secretary of State W N. Everett halted the movement. He had made his own 
examination and reported that major repairs were needed to pro\ide the governor 
with a comfortable dwelling. Everett suggested a sum of $50,000 for repairs and new 
furnishings. Although this action was taken without McLeans knowledge, upon 
learning of it, he soon became active in seeking the appropriation. 

Their case was strengthened by a State Board of fiealth inspection report issued 
in February 1925, shortly after McLeans inauguration. The inspection report was 
staitling, noting that the management of a hotel receiving such a bad rating would Ijc 
subject to criminal indictment. The principal deductions in scoring were for 
uncleanliness. Dust pervaded the mansion, covering the woodwork, filming the 
furniture and stifling the air. Governor Fowle's contemporaries had described clouds 
of dust billowing up from the fioor with every footstep. The first lloor walls and 
fioors were unsound and the ornate plasterwork was disintegrating in some areas. 
The upstairs floors, composed of uneven, shoddy boards, had half-inch cracks. 



107 



NORTH CAROLINA MANUAL 1999-2000 

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 detects caused by the use of prison labor 
and materials in the original construction. A newspaper account, lauding Governor 
McLeans accomplishments, claimed that renovatmg a building considered eligible 
for demolition had saved the state more than a third ot 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. fiodges' term C1954-I96f ). Mrs. Terry Sanford 
added many antique furnishings during her husbands term of ofhce U961-1965). 

A legislative appropriation ot $58,000 in the late f960s financed renovation ot 
the institutional kitchen facilities, providing a new food freezer, expansion of the 
tood 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 
ot the grounds contributed to the efficiency and beauty ot the mansion. For added 
security, a decorative brick and wrought iron wall was constructed around the 
perimeter ot Burke Square m early 1969. 

In May, 1973, tlie General Assembly ordered another round of repairs. This 
renovation was the most extensive in the history ot 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 mansion to a 
temporary home in the Foxcrott subdivision oi Raleigh for eight months while interior 
renovations were carried out by F Carter Williams, a local architectural tirm. Today, 
North Carolina's Executive Mansion draws 50,000 visitors each year. 



Original state symbols art work by Angela Davis. 



108 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 



109 



NORTH 



North Carolina's Beginnings 

North Carolina's history began thousands of years ago as Native American tribes 
settled throughout the state. Pre-Columbian Native American history in North Carolina 
was, of course, unwritten. Bui the states first inhabitants left behind tangible signs of 
their existence, including sites as large and impressively engineered as the Town 
Creek Mound in Montgomery County 

North Carolina was an important boundary area between different Native 
American cultural areas, tribes and language stocks. The Algonquian-speaking tribes 
of northeastern North Carolina's Albemarle Sound region constituted the southern 
extremity of Eastern Woodlands culture. Further inland, lroc(Uoian and Siouan- 
speaking tribes such as the Tuscarora and the Catawba were more oriented toward 
the Southeastern cultural tradition. North Carolina's mountains were the homeland 
of the Cherokee tribe, lroc[uoian speakers who would be driven from North Carolina, 
save for a small remnant, during the winter of 1838-39 by federal troops. Those 
Cherokee who survived the "Trail of Tears" settled in what later became Oklahoma. 
The descendents of those Cherokee who managed to ax'oid capture and relocation 
still live today in their mountain homeland and are known as the Eastern Band of the 
Cherokee Nation. 

First European Contacts 

The first known European exploration of North Carolina occurred during the 
summer of 1524. A Elorentine navigator named Giovanni da Verrazano, in the ser\ace 
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 Discovcrie oj America. No attempt was 
made to colonize the area. Between 1540 and 1570 several Spanish explorers from 
the Florida Gulf region explored portions of North Carolina, but again no permanent 
settlements were established. 

Coastal North Carolina was the scene of the first attempt by English-speaking 
people to colonize North America. Two colonies were begun in ihc 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 110 settlers, 
including seventeen women and nine children, set sail for the new world. The White 
Colony arrived near Hatteras in June, 1587, and went on (o Roanoke Island, where 



CAROLINA'S BEGINNINGS 



NORTH CAROLINA MANUAL 1999-2000 

ihc)' louncl I he houses buill by Ralph Lanes expedilion si ill standing. Two signifieanl 
events oceurred shorlK' alter the eolonisls' arnxai — two h"iendl\' Indians were baptized 
and a ehild was born. Virginia Dare was the lirsi ehild born to English-speaking 
parents in the new world. 

The eolonists laeed man\' problems. With supplies rtmning short. White was 
presstired to return lo England lor prox'isions. Onee in England, White was unable to 
immedialel)' return to Roanoke because ol the impending attack by the Spanish 
Armada. When he was Imallv able to return in 1590, he tound onlv the abandoned 
remnants ol what was once a thru'ing settlement. There were no signs of life, onl\' the 
word "CROATAN" carved on a nearby tree. Much speculation has been made about 
the late ol the "Lost Colony," but no one has successtully explained the disappearance 
o[ the colonv and its settlers. 

Pemianent Settlement 

The lirsi permanent English settlers in North Carolina emigrated h-om the 
Tidewater area ol southeastern Virginia. The lirst ol these "overflow" settlers moved 
into the area ol the Albemarle Sound m northeast North Carolina around 1650. 

hi 1663, Charles II granted a charter to eight English noblemen who had helped 
him regain the throne ol England. The charter docunreni contains the lollowmg 
description ol the territory which the eight Lords Proprietor were granted title to: 

"A// that Tc}iiio)'\ 01' inut oj {:^}\nind. siluaic. Ixiiig, cuid /\'i/ii; i\i;/ii/i our 
Dominions m A/)icricc(, cxicndin^:^ jroni the NorOi end oj (/u' Island called Luck 
Island, which lies in d\e Soudiern Vi/einic/ Sctf.s c//u/ u'i(/ii/i .si.v t//ic/ Thiilv decrees 



\s 



K' 



oj f/ic Nort/ic/'/i Laiilude, aiid to (/ic West as jar as die SouOi Seas: and so Southerly 
as jar as the River Saint Mathias. which borders upon the Coast oj Florida, and 
within one and Thirty tlci^/vcs oj Northeiii Latitude, and West in a direct line as jar 
as the SouO] Seas ajoresaid: To\i^ethei' with all and sin\:^ulai' Ports, Haihours, Bays, 
Riyers, Isles, and Islets belonging Into the Country ajoresaid; And also, all the Soil, 
Lands, Fields, Woods, Mountains, Farms, Lakes, Rixers, Bays, and Islets situate or 
being within the Bounds or Limits ajoresaid: with die Fishing oj all sorts oj Fish, 
Whales, Sturgeons, and all other Royal Fishes in the Sea, Bays, Islets, and Rivers 
within the premises, and die Fish dierem taken: 

And moreover, all Veins, Mines, and Quarries, as well disiovered as not 
discovered, oj Gold, Silvei: Gems, luuI pii'Lious Stones, tind all other, whatsoevei' be 
It, oj Stones, Metals, or any other thing wJiatsoever jound or to be found within Oic 
Country, Isles, and Limits ...." 

The territory was to be called "Carolina" in honor ot Charles 1. In 1665, a second 
charter was granted in order to claril)' territorial questions not answered in the lirst 
charter. This charter extended the boundarv lines of Carolina lo include: 



112 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

"All thai Province, Tcnitoy, or Tract of ground, <,iluatc, lying, and being within 
our Dominions of America aforesaid, extending North and Eastward as Jar as the 
North end ofCarahtuke 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 jar as the South Seas; and South 
and Westward as far as the degrees of twenty nine, inclusive, northern latitude; 
and so West m a direct hne as far as the South Seas." 

Between 1663 and 1729, North Carolina was under the near-absolute control of 
the Lords Proprietor 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 Proprietor. 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 1729, there were a total of eleven 
precincts — six m 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 developed around present-day 
Charleston, South Carolina. Because of the natural harbor and easier access to trade 
with the West Indies, more attention was given to developing the Charleston area 
than her northern counterparts. For a twenty-year period, 1692-1712, the colonies 
of North and South Carolina existed as one unit of government. Although North 
Carolina still had her own assembly and council, the governor of Carolina resided in 
Charleston and a deputy governor was appointed for North Carolina. 

Royal Colony 

In 1729, seven of the Lords Proprietor 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 m the northern 
half of North Carolina. The crown supervised all political and administrative lunciions 
in the colony until 1775. 

Colonial government m North Carolina changed little between the proprietar)' and 
royal periods, the only major difference being who appointed colonial officials. There 
were two pnmaiy units of government — the governor and his council and a colonial 
assembly whose representatives were elected by the cfualified voters ol the county 
Colonial courts, unlike todays courts, rarely involved themselves in lormulating 
governmental policy All colonial officials were appointed by either the Loids Proprietor 
prior to 1729 or by the crown afterwards. Members o\ the colonial assembly were 
elected from the various precincts (counties) and from ceriam 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. 

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NORTH CAROLINA MANUAL 1999-2000 

The governor was an appomietl olfieial, as were ihe eolonial seerelar); auorney 
general, sur\'e)'or general and ihe receix'er general. All oltieials ser\ed ai ihe pleasure 
of ihe Lords Propiielor or the erown. The eouneil serx'ed as an ad\'isor\' group lo ihe 
go\ernor during ihe proprielary and royal periods, m addilion lo serving as ihe upper 
house ol ihe legislaiure when ihe assemhl)' was m session. When \'aeaneies oeeurred 
m eolonial olliees or on ihe eouneil, ihe governor was aulhonzed lo earr\' oul all 
inandaies ol ihe proprielors and eould make a lemporar)' ap]^oinlnienl uniil ihe 
N'aeaney was lilled b\' proprietary or ro\'al eommission. One member ol ihe eouneil 
was ehe^sen as presidenl ol ihe group and man\' eouneil members were also eolonial 
oflieials. If a gox'ernor or deputy go\'ernor was unable to earry on as ehiel exeeutive 
beeause ol illness, death, resignation or absenee Iroiu the eolon\', the president ol the 
eouneil beeame the ehief exeeulix'e and e.xereised all powers ol the governor until the 
gON'ernor returned or a new go\'ernor was eommissioned. 

The eolonial assembb' was made up ol men eleeted from eaeh preeinet and town 
where representation had been granted. Not all eounties were eniitled to the same 
number ol representatives. Many ol the older eounties had live representatives eaeh, 
while those formed alter 169(i were eaeh allowed only two. Eaeh town granted 
representation was allow-ed one representatix'e. The presiding ollieer ol the eolonial 
assembi)' was ealled the speaker and was eleeted Irom the entire membership ol the 
house. When a \'aeaney oeeurred, a new eleetion was ordered b\- the speaker to lill u. 
On the linal day ol eaeh session, bills passed b\- the legislature were signed b\- both 
the speaker and the president ol the eouneil. 

The eolonial assenibl)' eoulcl nieet onl)' when it was ealled into session b\- the 
governor. Smee the assembl)' was the onl\' bod\' authorized lo grant the governor his 
salary and spend lax monies raised in the eolony, it met on a regular basis until ]ust 
belore the Revolulionar)' War. There was, however, a eonstani struggle lor authority 
between the s2;o\'ernor and his eouneil on the one hand and the general assembh- on 
the other. Two ol the most explosi\'e issues mx'oh'ed liseal eonirol ol the eolonys 
re\'enues and the eleetion ol treasurers. Both were pri\'ileges ol the assembh'. The 
question ol who had the aulhorii\' to ereate new eounties also simmered throughout 
the eolonial period. On more than one oeeasion, eleeted representali\'es Irom eounlies 
ereated b\' the izox'ernor and eouneil without eonsultmg the lower house were relused 
seats until the matter was resolved. These eonlliels between the exeeuliw and legislative 
bodies were to have a prolound elleet on the organization ol state government aller 
independenee. 

T/i€ Siru^^c for Independence 

On April 12, 1776, North Carolina authorized us delegates lo the Continental 
Congress to vote lor independenee. This was the lirsl ollieial eall lor independenee 
from any of the eolonies. The 83 delegates present in Malilax at the Fourth Prox-meial 
Congress unanimousK' adopted the blalifax Rescd\es, whieh mdieled the eolon\'s 
ro)'alist go\'ernment m blunt lashion: 

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NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

The Select Committee, takmg into Consideration the usurpations and violence 
attempted and committed by the King and Parlicm^ent ofBiitain against Aniciica, 
and the further measures to he taken for frustrating the scune, and for the better 
defense oj this province reported as follows, to wit, 

It appears to your Conmiittee that pursuant to the Plan concerted by the British 
Ministry for subjugatmg Amehca, the King and Parliament of Great Britain have 
usurped a Power over the Persons and Property of the People unlimited and 
uncontrolled and disregarding their humble Petitions for Peace, Liberty and Safety, 
have made divers Legislative Acts, denouncing Wcw, Famine and every Species of 
Calamity daily employed m 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 oj their Masters. 
That the Ships belonging to America are declared prizes ojWar and many of them 
have been violently seized and confiscated in consequence of which multitudes of 
the people have been destroyed or jrom easy Circumstances reduced to the most 
Lamentable distress. 

And whereas the moderation hitherto manijested bv the United States and 
their sincere desire to be reconciled to the nwther Country on Constitutional 
Principles, have procured no mitigation oj the aforesaid wrongs and usurpations 
and no hopes remain oj obtaining redress by those Means alone which have been 
hitherto tried. Your Conmiittee are of the Opinion that the house should enter into 
the jollowing Resolve, to wit. 

Resolved that the delegates for this Colony in the Contmentcd Congress be 
empowered to concur with the other delegates oj the other colonies in declaiing 
Independence, and forming foreign Alliances, resolving to this Colony the Sole, and 
Exclusive right offornung a Constitution and Laws jor this Colony, and oj appointing 
delegates Jrom time to time under the direction oj a General Representation ihcreoj 
to meet the delegates of the other Colonies Jor such purposed as shall be hereafter 
pointed out... 

The Halifax Resolves were important because they 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 Resolves and on jul\' 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 hrst constitution for North Carolina. On December 2 1 , 1776, 
Richard Caswell became the hrst governor of North Carolina under the new 
constitution. 



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NORTH CAROLINA MANUAL 1999-2000 

Early Statehood 

On Nox'cmbcr 21, I7S^-), ilic sialc acUipiCLl the Llnilcd Stales Constitution, 
becoming the tweltth state to enter the lederal union. \n 1788, North Carolina had 
rejeeteil the Cc^nstitution because il lacked the necessar\' amendments to ensure 
freedom ol the people. The Bill o( Rights satislieel the concerns of antifederalisls 
enough to ensure the states adoption ol the Constitution a year later. 

State Constitution of 1835 

The coinention opened on June 4, f835, m Raleigh. The new constilulion 
l^rox'ided lor popular election ol the governor, as well as lixmg the governors term m 
otlice to two \'ears per term and no more than two consecutixe terms. It established 
a more ecjuitable method ol representation m the General Assembh'. The new 
constitution ti.xed the terms ol several otiices in the Council of Stale, ec[ualized the 
poll ta.x, banned the legislature Irom considering prixate bills, established new 
legislative procedures (or divorce and other matters ol civil law and created a new 
structure tor impeaching public ollicials. The new stale constitution also created a 
mechanism that would allow successi\'e General Assembly sessions to propose 
conslilulional amendments lor popular raiilicalion. The Constitution of 1835 passed 
when submitted to a popular relerendum. 

The Drift Toy^ard War 

North Carolina was not a leader m talk of Southern secession as the mid- 1800s 
came to a close. A popular relerendum held m Pebruar\', 18M, on whether to call a 
conx'ention on secession was deleaied b\' a \'er\- slim margin. Man\' ol North Carolina's 
political leaders looked lor ways to mediate between the Union and the emergmg 
Confederacy, to settle die secession question peacelulK-. But news that Conlederale 
troops had seized Ft. Sumter m Charleston fiad^or and President Lmcolns call lor 
militia troops Irom North Carolina to assist m putting down the incipient rebellion 
ended most North Carolinians" reluctance to choose sides m the conllict. The state 
seceded Irom the Llnion m Mav, 180 1. 

Once a member ol the Conlederac}-, however. North Carolina prox'ided more 
than its lair share ol manpower aiul other resources to the war ellort. One out of 
every lour Conlederale baltle casualties was a North Carolinian. Lhiion lorces seized 
much ol the Outer Banks and northeastern North Carolina in 1802, leading to 
constant, sn"iall-scale wartare m that region until the end ol the conllict. 

One ol the last ma|or battles ol the war occurred m March, 1805, at Benton\ille, 
where Conlederale troops under the command ol |oseph [-.Johnston tried lo smash 
the lell wing ol Union Cicn. William Tecumseh Shermans arm): lnstea(.l, Johnstons 
iroops hammered at the Union lines lor nearl\- three da\s in some ol the worst combat 
of the war. Unable lo break the Union Army, |ohnston reireated through Raleigh and 
surrendered his remaining iroops near Purham on April 18. 



116 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

Engulfed by a war not of ils making or choosing, North Carolina suffered terribly. 
At the end of the war, property damage throughout the state was immense. The loss 
of lives on battlefields in Virgmia, Maryland and Pennsylvania left many families 
grievmg. 

Constitution of 1868 

The Constitution of 1868 pro\'ided for universal male suffrage. State and county 
ofhcials would henceforth be elected by popular vote and the terms for governor and 
lieutenant governor were extended to four years. Most ol the states judges would 
likewise be elected by popular vote to eight-year terms. The new stale constitution 
created extensive public services for North Carolinians with disabilities, provided for 
public orphanages and improved public access to higher education. North Carolinians 
could no longer be imprisoned for debt under the new state constitution and women, 
while still not given full citizenship lights, 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 count)- for 
administrative purposes. 

The Progressi\e Era 

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

North Carolina's state government made other progressive changes during the 
first two decades of the new century The states park system was founded in 1915 
with the opening of Mount Mitchell State Park. Led by Governor Cameron Morrison 
(1921-25) the state hnally 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 m the states public schools and public uni\crsities and colleges. 

Morrison's successor, Angus McLean (1925-29), continued the pattern ol 
expanding the administrative scope and expertise of state government and funding 
badly-needed improvements m public infrastructure. McLean promoted the expansion 
and diversification of the state economy both m the industrial and agricultural sectors. 
Under McLean's guidance, the state also began systematic efforts to attract new capital 
investment to North Carolina. 



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NORTH CAROLINA MANUAL 1999-2000 

War and Sacrifice 

The Japanese Navys allaek on Pearl Harbor on Dee. 7, 1941, launehed a new 
period ol saeriliee tor iiian\' North Carolina laniilies. Coaslal residents, partieularly 
on the Outer Banks, had an uneoniltMtabK' elose view ol the horrors ol modern war 
throughout K)42 and 1943 as Germaii submarines torpedoed and sank seores ol 
ships within sight ol land. Many North Carolina eixilians risked their lives to reseue 
sailors Irom these sinkings and hospitals along the eoast treated many injured and 
burned survivors. More poignantly, the states eoastal residents eolleeted the bodies 
of dead sailors that washed ashore and buried them next to generations oi their own 
kin in loeal cemeteries. 

North Carolina ]^la)'ed a signilieant role in the American war eilort. Fort Bragg, 
which dated back to World War 1, swelled in size, while Cherr\' Point Marine Air 
Station and Se)'mour Johnson Air Force Base were tounded to train pilots lor both 
the European and Pacihc theaters. By the end ol the war, military bases scattered 
throughout North Carolina had trained more men lor combat than any other slate m 
the Union. 

Over 360,000 North Carolinians served m the U.S. Armed Forces during World 
War II. More than 4,000 o^ them died in combat. Hundreds ol thousands ol other 
North Carolinians who remained m the state during the war worked long hours and 
often went hungr)' to support the war eilort. 

The Humble Giant 

The living standards ol most state residents improved steadily following 1960 as 
North Carolina's investment m public higher education, unrn'aled by nearly any state 
south ol the Mason-Di.xon Line, produced large numbers ol skilled workers and 
professionals. By 1990, for the hrst time in its history, almost half of the states residents 
lived m urban areas. Economic diversitication, a better-educated work lorce and shrewd 
public sector investments such as the Research Triangle Park in the Raleigh-Durham- 
Chapel Hill area led to mushrooming population growth in the states cities. North 
Carolina, by 1980, had become one of the ten most populous stales m ihe United 
Slates. 



118 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 



The Mecklenburg Declaration of 1775 

officers 

Abraham Alexander, Chair 

John McKnitt Alexander 



Delegates 

Col. Thomas Polk 

Ephraim Bre\'ard 
HezekiahJ. Balch 
John Phifer 
James Harris 
William Kennon 
John Ford 
Richard Barry 
Henry Downs 



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



Waightslill Avery 
Benjamin Patlon 
Mathew McClure 
Neil Morrison 
Robert Irwin 
John Elenniken 
David Reese 
Richard Harris, Sen. 



The following resolutions were presented: 

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

2. 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. 

3. Resolved. That we do hereby declare ourselves a free and independent people, are, 
and of right ought to be a sovereign and self-governing association under ihc 
control of no power other than that of our God and the General Government ol 
the Congress to the maintenance of which independence we solemnly pledge lo 
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 ol no law or legal 
officer, civil or military within this County we do hereby ordain and adopt as a 
rule of life all, each and every of our former laws - wherein nevertheless the Crown 
of Great Britain never can be considered as holding rights, privileges, immunities, 
or authority therein. 



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NORTH CAROLINA MANUAL 1999-2000 

5. Resolved. Thai il is lurlhcr decreed dial all, each and every Military Officer in diis 
County is hereby reinstaleel in his lornier command and authority, he acting 
comtormahl)' to these regulations. And that every member present of this delegation 
shall hencelorih be a civil officer, vtz., a justice of the peace, m the character of a 
"commiilee man" to isstie process, hear and determine all matters ol controversy 
according to said ado|^ted laws and to preserve peace, union and harmony m said 
cotmty and to tise every exertion to spread the love ol Country and fire of freedom 
ihrotighoui America, until a more general and organizecf government be established 
m this Province. 

* The Mecklenburg Declaration was reportedly adopted on May 20, 1775. This 
document is lound m Vol. IX, pages 1263-65 ol the Colonuil Records oj Nordi 
Cci/'('/i/ic/; however, the authenticity ol the declaration has long l3een - and continues 
to be — a source ot controversy among historians. The text was recalled from 
memor)' b)' the clerk some twenty years alter the Mecklenburg meeting was 
supposedly held. The original notes had reportedly lieen lost m a lire. 

The Halifax Resolves of 1776* 

The Select Committee taking into Consideration the usurj^jations and x'lolences 
attempted and committed loy the King and Parliament ol Britain against America, 
and the lurther Measures to be taken lor trustrating the same, and lor the better 
delense ot this province reported as lollows, to wit, 

// appears to vour Coiuiuiliee ihal piasuaiil to ihe Plan ioneeried hv the British 
Ministrv for subju\:^atin\:^ Ame)'iea, the /\i/i>^ and Parhameiil oj Great Britain have 
usiii'ped a Power ovei' the Pe/scn.s ai]d Pri^peities oj the People iinhnjited tind 
unionti'ouled: and disre{!^a)din\:^ their humble Petitions joi Peaee, Lihertv and sajetv, 
have made divers Le\:^islative Acts, denountu]^:^ War Famine and everv Species oj 
Calamitv a\:^amst the Continent in General. That British Fleets and Arniies have 
been and still are daily eniploved in destroying the People and iommittm^:^ the most 
horrid devastations on the Gninlrv. That Governors in dijjeient Colonies have 
declared Pioteetion to Slaves who should imbrue then tlai]ds in the Bhukl oj their 
Masters. That the Ships belon\:^in\:^ to An]eriia are dechued prizes oj Wiw and nitmv 
oj them have been violently seized and ionjistated in tonsequenLC oj whuh 
multitudes oj the people have been destioyed or jrom easy Circumstances ledutcd 
to the LamentaJ^le distress. 

And wheieas the n]oderiUion hitherto manijested bv the I'nited Colonies and 
their sincere desire to be reconciled to the mothei' Countiv on Constitutional 
Principles, have procured no mitii^ation h' the ajoiesaid WTony^s and usuipations, 
and no hopes remain oj obtainin\i^ redress l^v those Means alone whuh htive been 
hitherto tried. Your Coninuttee aie of Opinion that the house should entei iiito the 
following Resolve to wit, 



120 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

Resolve that the delegates for this Colony in the Continental Congress be 
impowered to eoneur 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 Lawsjor this Colony, and of appointing 
delegates from tune to tune (under the direction of a general Representation thereof) 
to meet the delegates oj the other Colonies for such purposes as shall he hereafter 
pointed out. 

* The resolves were adopted on April 12, 1776. 

The Mecklenburg Resolves 

This day the Committee ot this county met and passed the following resolves: 

Whereas by an address presented to his majesty /:'v both House of Parliamcui 
in February last, the American colonies are declared to be in a state oj actual 
rebellion, we conceive that all laws and commissions confirmed by or derived from 
the authority of the Kmg and Parliament are annulled and vacated and the former 
civil constitution of these colonies for the present wholly suspended. To provide in 
some degree for the exigencies of this county, m the present ahirmirig period, we 
deem it proper and necessary to pass the following resolves, viz.: 

1. That all commissions civil and military heretofore granted by the Crown (o be exercised 
m these colonies are null and void and the constitution of each parluular colony u/i()//v 
suspended. 

2. That the Provincial Congress of each Province under the direction oj ihe great Conti- 
nental Congress is invested with all legislative and executive powers within their re- 
spective Provinces and that no other legislative or executive power does or can exist c// 
this tune in any of these colonies. 

3. As all former laws are now suspended in this Province and the Congress has nol vet 
provided others we judge it necessary for the better preservation of good oider. dyjoi in 
certain rules and r-egulatioris jor the internal government oj l/iis uninly until laws shall 
be provided jor us hv the Congress. 

4. That the inhabitants of this county do meet on a certain day appointed b\ ihc iommii- 
tee and having formed themselves into nine companies. ..eight in the county and one m 
the town of Charlotte do choose a Colonel and other military ojjicers who shall hold 
and exercise their several powers by virtue of this choice and independent of the Crown 
of Great Britain and former constitution of this Province. 

5. That for the better preservation of ihe peace and administialion oj juslice each oj those 
compariies do choose from their own body Iwi^ disneel jiecholdcis w/u' shiill be 
empowered... to decide and determine all mailers of lonlroversv lUising within said 
company under the sum of twenty shilhngs and jointly and together all cofU/oversies 



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NORTH CAROLINA MANUAL 1999-2000 



under ihc sum ol \oy[y shll/i;ii^s ihat <.i) as ihc'w decisions mav admit of appeal to f/ic 
ionvciUioii ol die sck\li)icn (>/ die ionnty and also thai anv one of these s/ui/l hcivf 
powei' to examine iind iommii to ionjinei}]enl persons aeensed oj petit lareenv. 

6. 7/it// those (w'c sek\t men thus thosen do jointly and to\j^ether thoose from die hodv of 
then pat'tiiulai' Ixkh' two peisons pwperlv qucdilied (o aet as constables who may assist 
them in the excLUtion 0/ theii' ofjice. 

7. That upon the complaint (>/ t//iv persons to either of these selettnui] he do issue his 
wai'iLint diiected to die constable iommandiny:^ iiim to brin\^ the a^ressor before him or 
them (() answei said ciunplaiiU. 

S. That liiese ei\:^i]teen selcitmen dnis appointed do meet eyerv third Tuesday m January, 
April, July and October, at the Court House in Cdiarlotte, to hear and determine all 
mattei's oj contioyersy jor sums exceedin\:, jorty shillini!^s, also appeals, and m cases of 
felony to comnut the person or persons convicted thereof to close confinement until the 
Proymiial Congress shall provide and estabhsh laws and modes of proceeding in all 
such cases. 

9. That these eighteen selectmen thus conyened do thoose a clerk to ivcord the transac- 
tions of said convention and that said cleik upiui die application of any person or 
peisons aggi'ievcd do issue his WiUrant to one of the lOi'tstaliles.. .diiecting said con- 
staf'>le to summon and wain said offender to appear before the convention at their next 
sitting to answer the aforesaid iomplaint.. . 

10. That any Person making Complaint upon Oath to the Clerk, or any Member of the 
Conventii)n, that he has Reason to suspcit ifiiit ci/iv Person or Persons indebted to him 
in a Sum aboye Toity Shdhngs, do intend Llandestinely to withdraw //o/h the County 
without paying smh a Debt; the Clerk, or such Member shall issue his Warrant to the 
Constiif^le, commanding him to tiib.e said Person (>;' Persons into safe Custody, until the 
next sitting of the Conyention. 

I J . That when a Defnor for a Sum below Fortx Shillings shall af'^scond and leave the dnintv, 
die Warrant granted as Liforesaid shall extend /(> any Coods or Chattels of the said 
Debtor as may l\- found, and such Goods or Chattels be seized and held in Custody Ia' 
die Constable for the spoiC of Thirty Dais; in whuh Term if die DebtiV fails to return 
and Discharge the Debt, the Constable shall return the Warrant to one of the Seldt 
Men of die Company where the Goods and Chattels ]vere found, wfio sluill issue Orders 
to the Constal'^le to sell siah a part of the said Gcuxls as shall amount ((> the Sum due; 
that when the Debt exceeds Forty Shillings, the Return shall be made to die Conyen- 
tion, who sfjidl issue the Orders for Sale. 

n. Thai idl iCieiyers and collcitois of quit rents, puf'^lu and nmnty taxes, c/(» pay ilie same 
into the hands of die ilhiiiiiuin of this committee to be /n' them disbursed as the pubhc 
exigencies may iccjuire, and tlitil sucfi reiCivers and Lt^llectors piOiced lu^ further m 
their office until diey fh' tipproved of Iw and liave given to this tommittee gikkf and 
suffiiient security for a fiiithful return of siuh md/JiVs wfien tollccted. 



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NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

13. That the committee be accoimtablc to the coimty joy the appheation of all monies re- 
ceived from such public officers. 

14. That all the officers hold their commissions during the pleasure of their severed 
constituents. 

15. That this committee will sustain all damages that ever hereafter may accrue to all or 
any of these officers thus appointed and thus acting on account of their obedience and 
conformitv to these resolves. 

16. That whatever person hereajter shall receive a conwiission from the Crown or attempt 
to exercise any such commission heretofore received shall be deemed an enemy to his 
country and upon injormation being made to the captain of the company in which he 
resides, the said company shall cause him to be apprehended and conveyed before the 
two selectmen oj the said company, who upon proof of the fact, shall convnit him the 
said offender to safe custody until the next sitting of the committee, who shall deal with 
him as prudence mav direct. 

1 7. That any person refusing to yield obedience to the above resolves shall be considered equally 
criminal and liable to the same punishment as the offenders above last mentioned. 

18. That these resolves be in jull force and virtue until instructions from the Provincial 
Congress... shall provide otherwise or the legislative body of Great Britain resign its 
unjust and arbitrarv pretensions with respect to America. 

19. That the eight Militia companies in this county do provide themselves with proper arms 
and accoutrements and hold themselves in readiness to exectUe the commands and 
directions of the General Congress oj this Province and oj this Committee. 

20. That the committee appoint Colonel Thomas Polk and Dr Joseph Kennedy to purchase 
three hundred pounds oj powder, six hundred pounds oj lead and one thousand flints for 
the use of the militia of this county and deposit the same in such place as the committee 
hereafter may direct. 

Signed by order of the Committee, 

Eph. Brevard, Clerk of the Committee 

On May 31, 1775, a committee of Mecklenburg County citizens drew up a set of 
resolves, declaring that all commissions theretofore issued by the Crown were to be 
considered null and void. They proceeded to re-organize their local government, 
saying they should "hold and exercise their several powers by virtue of this choice 
and independent oi the Crown of Great Britain and former consliiulion o^ this 
province." These resolves were printed in the North Carolina Gazette, New Bern, |une 
16, 1775. 

From North Carolina History Told bv Contemporaries edited by Hugh Talmage Lefler. 
Copyright © 1934 by the University of North Carolina Press, renewed 1956 and 
1965. Used by permission of the publisher. 



123 



OUR CONSTITUTION: AN 



Our Constitutions: An Historical Perspective 

by John L. Sanders 

Former Director of the Institute of Government 

The University oj North Carolina at Chapel Hill 

Constitution of 1 776 

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 interference. 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, chosen 
by the legislature, for its exercise. 

Judicial offices were established, but the court system itself was left to legislative 
design. No system of local government was prescribed by the constitution, 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 government. 
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 owners government, for only landowners 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 Conxention of 1835 

Dissatisfaction with the legislative representation system, which gave no direct 
recognition to population, resulted in the Convention of 1835. Extensive 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 levels, 50 and 
120. The new house apportionment formula gave one seat to each county and 



HISTORICAL PERSPECIIVb 



NORTH CAROLINA MANUAL 1999-2000 

dislribulcd ihc remainder of the seats — nearly hall ol theni at that time — according 
to a mathematical loi inula la\'C)ring the more populous counties. From 1836 until 
hSdcS, senators were elected Irom districts laid out according to the amount ot taxes 
paid to the state Irom the respective counties, thus distributing senatorial 
representation m direct proportion to propert)' values. 

The Amendments o\ 1835 also instituted popular election of the governor for a 
two-year term, greatly strengthening that ollice; relaxed the religious qualilications 
for olhce holding; aboUshed suffrage for free black residents; ec(uahzed the capitation 
tax on slaves and free white males; prohibited the General Assembl)' Irom granting 
di\'orces, legitimating persons or changing personal names by private act; specified 
procedures for the impeachment of state officers and the removal ot judges lor 
disability; made legislative sessions biennial instead ol annual; and pro\ided methods 
o{ amending the constitution. Following the precedent established m amending the 
United States Constitution, the 1835 amendments were appended to the Constitution 
o^ 1776, not incorporated in it as is the modern practice. 

In 1857, voters appreived the only amendment submitted to them between 1836 
and 1868. The amendment — approved by a 50,095 to 19,382 \'ote — abolished the 
50-acre land ownership requirement tor voters to cast ballots m state senate races. 
The constitutional change opened that ballot to all while male taxpayers, greatly 
increasing the number ot North Carolinians eligible to vote tor senators. 

The Con\ention of 1861-62 

The Convention of 1861-62, called by act of the General Assembly, took the 
State out of the Llnion and into the Confederacy and adopted a dozen constitutional 
amendments. These changes were promulgated l:)y the conxention without submitting 
them for voter appro\'al, a procedure permitted by the state constitution until 1971. 

The Convention of 1865-66 

The Convention o^ 1865-66, called by the provisional goxernor on orders ot the 
President of the Llnited States, nullified secession and abolished sku'cry, with voter 
approval, m 1865. It also drafted a revised state constitution in 1866. Thai document 
was largely a restatement ol 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. 

The Convention of 1868 

The Convention of 1868, called upon ihe 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. DraflCLl and put through the convention by a 
combination of native Republicans and a lew carpetbaggers, the constitution was 
highly unpopular with the more conservatix'c elements ol the state. For iis time, it 



126 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 amendments, 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 1868 language with little or no change. 

The Constitution of 1868 mcorporated the 1776 Declaration of Rights into the 
Constitution as Article 1 and added several important guarantees. The people were 
given the power to elect all signihcant state executive offtcers, 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 governors 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 township government 
was prescribed. 

The declared objective of the Conservative Party (under whose banner the older, 
native political leaders grouped themselves) was to repeal the Constitution of 1868 
at the earUest opportunity When the Conservative Party gained control of the General 
Assembly m 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 
amendment. The 1871-72 legislative session adopted an act calling for about three 
dozen amendments to the constitution, all of which were intended to restore lo 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 1868. 



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NORTH CAROLINA MANUAL 1999-2000 

The 1872-73 session ol 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 
ofhces, altered the prohibition against double ofhce-holding and repealed the 
prohibition against repudiation of the state debt. 

The Convention 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 recjuired at the time. The Convention of 1875 (the most 
recent in the states history) sat for hve weeks in the fall of that year. It was a limited 
convention that had been specifically forbidden to attempt certain actions, such as 
reinstatement of property cjualifications 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 
compensation. 

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. 

Required non-discriminatory racial segregation in the public schools. 

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



128 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 19th and early 
20th centuries occasionally refer to "the Constitution of 1876." There was no such 
constitution. The 1875 amendments were simply inserted at the appropriate places 
in the 1868 constitution, which continued in this amended form until 1971. The 
designation "Constitution of 1876" may have been intended to relieve the 1868 
constitution of the unpopularity heaped on it earlier by Conservative critics. 

The amendments framed by the Convention of 1875 seem to have satisfied most 
of the need for constitutional change for a generation. Only four amendments 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 tax 
requirement for voting (the latter provision was repealed in 1920). A slate of ten 
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 1868 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, voters ratihed 15 
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 corporations, authorized special 
Superior Court judges, further limited the General Assembly's powers to levy taxes 
and incur debt, abolished the poll tax requirement for voting and reduced the residence 
qualification for voters. Amendments designed to restrict the legislature's power to 
enact local, private and special legislation were adopted, but subsequently rendered 
partly ineffective by judicial interpretation. 



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NORTH CAROLINA MANUAL 1999-2000 

Tlte Proposed Constitution of 1 933 

A significant effort at general revision of tlie state constitution was made in 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 
powers of local governments by general law only. 

Established an appointive state Board of Education with general 
supervision over the public school system. 

Established an enlightened policy of state responsibility for the 
maintenance of educational, charitable and reformatory institutions and 
programs. 

Several provisions of the proposed Constitution of 1933 were later incorporated 
into the constitution by individual amendments. To a limited extent, the proposed 
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 constitutional 
change resulted m 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 Coimcil of State by three members. 

Creating a new, appointive State Board of Education with general 
supervision 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. 

Permitting the waiver of indictment in non-capital cases. 
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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

Increasing the general purpose property tax levy limitation and the 
maximum 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 recommendations 
pursuant to its findings to the governor and the 1959 session of the General Assembly 

The commission recommended rewriting the entire constitution and submitting 
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 careful 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 authority) 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 oi 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 authority to classify property for taxation and to exempt 
property from taxation 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 
constitution as well, including the establishment of a General Court ol Justice wiih 
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 the 
existing multitude of inferior courts and justices of the peace. The creation o\ 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 



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NORTH CAROLINA MANUAL 1999-2000 

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 
constilutional reformation of the court system that had originated with a Court Study 
Committee of the North Carolina Bar Association. In general, the recommendations 
of that committee called for more fundamental changes in the courts than those 
proposed by the Constitutional Commission. The extent of the proposed authority 
of the General Assembly over the courts was the principal difference between the two 
recommendations. The Constitutional Commission generally favored legislative control 
of the courts and proposed only moderate curtailment of the General Assembly s 
authority The Court Study Committee, however, accepted a more hteral interpretation 
of the concept of an independent judiciary. 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 disagreement 
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 successful 
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 voters: 

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 
property for taxation be exercised by it alone and only on a uniform, 
statewide basis. 

The session of 1963 submitted two amendments. The hrst, to enlarge the rights 
of married women to deal with their own property, was approved by the voters. The 

132 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 voters. The General 
Assembly of 1965 submitted, and the voters approved, an amendment authorizing 
the legislative creation of a Court of Appeals. 

The 1967 General Assembly 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 requirement 
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 originated 
in the General Assembly Of those 97 amendment proposals, 69 were ratified by the 
voters and 28 were rejected. The changing attitude of the voters toward constitutional 
amendments is well illustrated by the fact that from 1869 to 1933, 21 of the 48 
amendment propositions were rejected by the voters — a failure rate of nearly 43%. 
Between 1933 and 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 problems 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 cluttered the constitution and misled unwary 
readers. Moreover, in the absence of a comprehensive reappraisal, there had been no 
recent occasion to reconsider constitutional 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 recommended 
to the North Carolina State Bar in the fall of 1967 that it take the lead in making a 
study of the need for revision of the state constitution, the bar's response was prompt 
and affirmative. The North Carolina State Bar and the North Carolina Bar Association 
joined to create the North Carolina State Constitution Study Commission, a joint 
agency of the two organizations. The commission's 25 members (fifteen attorneys 
and ten laymen) were chosen by a steering committee representative of the sponsoring 
organizations. The chairman of the study commission was former state Chief Justice 
Emery B. Denny 



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NORTH CAROLINA MANUAL 1999-2000 

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 disapproved by 
the voters on a single vote. The compromise procedure developed by the commission 
and approved by the General Assembly was a blend ot 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 m the constitution, together with substantive 
changes that the commission judged would not be controversial 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 potentially 
controversial in character were set out as independent amendment propositions, to 
be considered by the General Assembly and by the voters of the state on their 
independent merits. Thus, the opposition to the latter proposals would not be 
cumulated. The separate proposals framed by the commission were ten m number, 
including one extensive revision ol the finance article of the constitution which was 
largely the work of the Local Government Study Commission, a legislatively- 
established group then at work on the revision ol 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 constitutional 
amendments. Constitutional revision was an active topic of interest throughout the 
session. The proposed Constitution of 1971, m the course of seven roll-call votes 
(four in the House of Representatives and three m the Senate), received only one 
negatu'e vote. The independent amendments fared variously; six were ultimately 
approved by the General Assembly and submitted to the voters. These included the 
executive reorganization amendment, the finance amendment, an amendment to the 
income tax provision ot the constitution, a reassignment of the benefits of escheats, 
authorization lor calling extra legislative sessions on the petition ot members of the 
General Assembly and abolition of the literacy test for voting. All but the last two of 
these amendments had been recommended by the State Constitution Study 
Commission. At the election held on November 3, 1970, the proposed Constitution 
of 1971 was approved by a vote of 393,759 to 251,132. Five of the six separate 
amendments were 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 

134 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 amendment. 

The Constitution of 1971, the State Constitution Study Commission stated in its 
report recommending its adoption: 

effects a general editorial revision of the constitution... The deletions, 
reorganizations, and improvements in the claiity and consistency of language will 
be jound in the proposed constitution. Some of the changes are substantive, but 
none is calculated to impair any present right of the individual citizen or to bring 
about any fundamental change in the power of state and local government or the 
distribution of that power 

The new constitution retained the old fourteen-article organization of its 
predecessor, but the contents of several articles — notably Articles 1, II, III, 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 obsolete 
and erroneous text was deleted, as were provisions essentially legislative in character. 
The new constitution sought uniformity of expression where uniformity 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 bre\ity of the constitution as a whole was a by-product of the revision, 
though not itself a primary objective. 

The Declaration of Rights (Article 1), which dates from 1776 (with some 1868 
additions), was retained with a few additions. The organization of the article was 
improved and the frequently used subjunctive mood was replaced by the imperative 
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 ol the laws and 
a prohibition against exclusion from jury service or other discrimination 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 guaranteed 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 ill (the Executive), the 
governors 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 governors 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 



135 



NORTH CAROLINA MANUAL 1999-2000 

the Council of State (lormeiiy seven elected executives with the governor only serving 
as i^residing officer) as ex-officio members. 

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

The editorial amendments to Article V dealmg with finance and taxation, were 
extensive. Provisions concerning finance were transferred to it from four other articles. 
The former finance provisions were expanded in some instances to make clearer the 
meaning of excessively-condensed pro\isions. The only substantive change of note 
gave a wife who is the primary wage-earner m the family the same constitutionally- 
guaranteed income tax exemption now granted a husband 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 federal 
felonies to felonies committed against the State of North Carolina as grounds for 
denial of voting and office-holding rights m this state. The General Assembly was 
directed to enact general laws governing voter registration. 

The pro\ision that had been interpreted to mean that only voters can hold office 
was modified to limit its application to popularly elected otfices 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 197 1 prohibits the concurrent holding ot two or more elective 
state offices or of a federal office and an elective state office. It expressly 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 general 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 elective 
county officer. 

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

The constitutionally mandated school term was extended from six months (set 
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 finance education 
programs, including both public schools and technical institutes and community 

136 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 Supermtendent of Public Instruction was eliminated as a voting member of 
the State Board of Education but retained as the boards 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 constitutional 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 exemption 
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 vvdves and children was broadened. 

The provisions prescribing the permissible punishments for crime and limiting 
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 Constitution and the constitutions 
of a few other states, requiring the General Assembly to reduce the number ol 
administrative departments to not more than 25 by 1975 and to give the governor 



137 



NORTH CAROLINA MANUAL 1999-2000 

authority to reorganize and consolidate agencies, subject to disapproval by action of 
cither house of the legislature if the changes affected existing statutes. 

The second separate constitutional amendment ratihed 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-hfths 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 m 1970 — is the Finance Amendment. 
This amendment, ratified m 1970 and effective July 1, 1973, is especially important 
in the financing of local government. Its principal provisions: 

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 
governing 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. 

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. 



138 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Defined 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 
organizations. 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 20<t 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 taxpayer of two sets of computations. 
The amendment retained the maximum tax rate of ten percent. 

The fmal 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 students attend 
public institutions of higher education in the state. Property escheating prior to July 
1 , 197 1 , 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. 

Constitutional Amendments, 1971-98 

The General Assembly of 1971 submitted to the voters five state constitutional 
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. 

139 



NORTH CAROLINA MANUAL 1999-2000 

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 
conservation 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 attorney 
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 legislation 
to permit the issuance of tax-exempt revenue bonds by state and local governments 
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 ot 1868 extended the 
governors term to four years, but prohibited the governor and lieutenant governor 
from serving successive four-year terms of the same office. The 1971 constitution 
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. 

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 voters 
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 



140 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 develop 
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 attorr^ys 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 executives) was submitted 
by the General Assembly of 1985 to the voters, who rejected it on May 6, 1986. An 
amendment to revert to the pre- 1977 constitutional policy that barred the governor 
and lieutenant governor from election to two successive terms of the same office was 
proposed by the 1985 legislative session for a 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 refinance 
private college facilities. 



141 



NORTH CAROLINA MANUAL 1999-2000 

Provided that when a vacancy occurs among the eight elected state 
executive 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 
constitutional amendment to the voters, an unusually low number for so long a 
period. 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 amendments: 

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 
legislature. 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 
persons convicted of crimes without their consent. This amendment 
strengthens the basis for more modern forms of punishment, such as 
probation and community service, not previously authorized by the state 
constitution. 

Assured victims of crime (as defined by the General Assembly) of certain 
rights, such as the right to be informed about and attend court 
proceedings held with respect to the accused. 

Recent legislative sessions have considered several amendments to eliminate the 
popularly-elected status of the Superintendent of Public Instruction. In 1997, one ot 
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 remained before the House oi 
Representatives m the 1998 regular session. One amendment would limit legislative 
sessions in odd-numbered years to 135 calendar days, which could be extended by 
ten days. The amendment would limit regular sessions m even-numbered years to 
60 days, also extendible by ten days. The amendment would also lengthen terms lor 
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 taxpayers residence (homestead) excluded from 
property taxation and raise the maximum income threshold for taxpayers to qualify 
for the homestead exemption. 



142 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Conclusion 

The people of North Carolina have treated their constitution with conservatism 
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 relatively 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 disposed 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 difhcult 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 regulatory 
detail often found in state constitutions. Delegates to constitutional conventions and 
members of the General Assembly have acted consistently with the advice of the late 
John J. Parker, Chief Judge of the United States Court ol 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 contain elaborate legislative provisions, but should lay down biiefly and 
clearly fundamental principles upon which government shall proceed, leaving it to 
the people's representatives to apply these piinciples through legislation to conditions 
as they arise. 



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NORTH CAROLINA MANUAL 1999-2000 

ConsdtMtional Amendments Since 1868 

This table counts each issue submitted to a vote of the people as a single 
proposition, regardless of whether it actually involved a single section (often the 
case), a whole article (such as the 1900 suffrage amendment and the 1962 court 
amendment) or a revision of the entire constitution (such as those m 1868 and 1970). 

Year of Vote Ratified Rejected Year of Vote Ratified Rejected 



1868 


1 





1948 


1 


3 


1873 


8 





1950 


5 





1876 


1 





1952 


3 





1880 


2 





1954 


4 


1 


1888 


1 





1956 


4 





1892 





1 


1958 





1 


1900 


1 





1962 


6 





1914 





10 


1964 


1 


1 


1916 


4 





1966 


1 





1918 


2 





1968 


2 





1920 


2 





1970 


6 


1 


1922 





1 


1972 


5 





1924 


3 


1 


1974 


1 


1 


1926 


1 





1976 


2 





1928 


1 


2 


1977 


5 





1930 





3 


1980 


1 





1932 


1 


3 


1982 


3 


4 


1936 


5 





1984 


2 





1938 


2 





1986 


3 


1 


1942 


2 





1993 





1 


1944 


5 





1996 


3 





1946 


1 


1 









totals 101 36 



144 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Constitution of North Carolina 

[as amended lo January 1 1998] 

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

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

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

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

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

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NORTH CAROLINA MANUAL 1999-2000 

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 consent of themselves 
or their representatives m 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. 1 1. 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. 12. Right of assembly and petition. The people have a right to assemble 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 press are two of 
the great bulwarks of liberty and therefore shall never be restrained, but every person 
shall be held responsible for their abuse. 

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

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

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

146 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Sec. 18. Courts shall be open. All courls 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 outlawed, or exiled, 
or m 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. 21. Inquiry into restraints on liberty. Every person restrained of his liberty is 
entitled to a remedy to inquire into the lawfulness thereof, and to remove the restraint 
if unlawful, and that remedy shall not be denied or delayed. The privilege of the writ 
of habeas corpus shall not be suspended. 

Sec. 22. Modes of prosecution. Except in misdemeanor cases initiated in the District 
Court Division, no person shall be put to answer any criminal charge but by 
indictment, presentment, or impeachment. But any person, when represented by 
counsel, may, under such regulations as the General Assembly shall prescribe, waive 
indictment m 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-incriminating evidence, or to pay costs, jail fees, or necessary witness fees 
of the defense, unless found guilty. 

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

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



147 



NORTH CAROLINA MANUAL 1999-2000 

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

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

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

Sec. 29. Treason against the State. Treason against the State shall consist only of 
levying vv^ar 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 m open court. No conviction 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 m time of peace are dangerous to liberty, they 
shall not be maintained, and the military shall be kept under strict subordination to, 
and governed by, the civil power. Nothing herein shall justify the practice of carrying 
concealed weapons, or prevent the General Assembly from enacting penal statutes 
against that practice. 

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

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

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

Sec. 34. Perpetuities and monopolies. Perpetuities and monopolies are contrary to 
the genius of a tree 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 liberty. 

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



148 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 prescribed 
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 
availability of services for victims. 

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

(0 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 
commutation of the accuseds 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 enforcement 
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. 



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Article II 

Legislati\e 

Section I . Le^lative power. The legislative power of the State shall be vested m 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 tirst regular session convening 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 oi 
inhabitants, the number of inhabitants that each Senator represents being 
determined for this purpose by dividing the population of the district that he 
represents by the number of Senators apportioned to that district; 

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

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

(4) When established, the senate districts and the apportionment of Senators 
shall remain unaltered until the return ol 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 hrst regular session 
convening after the return ot every decennial census of population taken by order of 
Congress, shall revise the representative districts and the apportionment ol 
Representatives among those districts, subject to the following requirements: 

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

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

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



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(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 election, shall be 
not less than 25 years of age, shall be a qualihed voter of the State, and shall have 
resided in the State as a citizen for two years and in the district for which he is chosen 
for one year immediately preceding his election. 

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

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

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

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

Sec. 11. Sessions. 

(1) Regular Sessions. The General Assembly shall meet in regular session 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 written 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 belore 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. 



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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 oj the Senate. 

(1) President Pro Tempore - succession to presidency. The Senate shall elect 
trom Its membership a President Pro Tempore, who shall become President of 
the Senate upon the failure of the Lieutenant Governor-elect to qualify, or upon 
succession by the Lieutenant Governor to the ofhce of Governor, or upon the 
death, resignation, or removal from ofhce of the President of the Senate, and who 
shall serve until the expiration of his term of ofhce 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 ofhcers. The Senate shall elect its other ofhcers. 

Sec. 15. Officers oj the House oJ Representatives. The House of Representatives shall 
elect its Speaker and other ofhcers. 

Sec. 16. Compensation and allowances. The members and officers of the General 
Assembly shall receive lor their services the compensation and allowances prescribed 
by law. An increase in the compensation or allowances of members shall become 
effective at the beginning ol 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 filth 
of the members present, the yeas and nays upon any question shall be taken and 
entered upon the journal. 

Sec. 20. Powers oj 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. 



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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 provided 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-hfths 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 
message, to the other house, by which it shall likewise be reconsidered; and if 
approved by three-hfths 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 m each house and signed by the presiding officers of both houses. 

(3) Amendments to Constitution of the United States. Every bill approving an 
amendment to the Constitution of the United States, or applying for a convention 
to propose amendments to the Constitution of the United States, 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. 

(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 officers of 
both houses. 

(5) Other exceptions. Every bill: 

(a) In which the General Assembly makes an appointment or appointments 
to public ofhce and which contains no other matter; 

(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 



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(d) Revising the districis for the election of members of the House of 
Representatives o^ 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 ot both houses. 

(6) Local bills. Every bill that applies m fewer than 15 counties shall be read 
three times m each house before it becomes law and shall be signed by the 
presiding officers of both houses. The exemption from veto by the Governor 
provided 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 b\- the presiding officers 
during that two year term of the General Assembly so that the law would 
apply in more than halt the counties in the State, or 

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

Notwithstanding any other language m this subsection, the exemption trom \'eto 
provided by this subsection does not apply to any bill to enact a general 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 withm 10 days after it shall have been presented to 
him, the same shall be a law m 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 II 
ot this Constitution; or 

(b) Sine die m 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 m which it shall have originated. When the General 
Assembly has adjourned sine die or tor 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(11) of Article III ot this 
Constitution for reconsideration of the bill, and if the Governor does not 
reconvene the session, the bill shall become law on the tortieth day after 
such adjournment. Notwithstanding tlie 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 
unnecessary, the Governor shall not reconvene the session for that purpose 

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and any legislation vetoed in accordance with this section after adjournment 
shall not become law. 

(8) Return of bills after adjournment. 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 hills. 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 journal. 

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

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

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

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

(c) Authorizing the laying out, opening, altering, maintaining, or discontinuing 
of highways, streets, or alleys; 

(d) Relating to ferries or bridges; 

(e) Relating to non-navigable streams; 
(0 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 legally 
paid into the public treasury; 

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

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

(1) Giving effect to informal wills and deeds; 

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

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

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(2) Repeals. Nor shall ihe General Assembly enact any such local, private, or 
special act by the partial repeal ot 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 ot this Section shall be void. 

(4) General laws. The General Assembly may enact general laws regulating the 
matters set out in this Section. 

Article III 

Executive 

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

Sec. 2. Governor and Lieutenant Governor: election, term, and qualifications. 

(1) Election and term. The Governor and Lieutenant Governor shall be elected 
by the qualified voters of the State m 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 hrst day of January 
next after their election and continue until their successors are elected and 
qualified. 

(2) Qualilications. No person shall be eligible for election to the ottice ol 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 hve years 
and a resident of this State lor two years immediately preceding his election. No 
person elected to the office of Governor or Lieutenant Governor shall be eligible 
tor election to more than two consecutive terms of the same office. 

Sec. 3. Succession to office of Governor 

CI) Succession as Governor. The Lieutenant Governor-elect shall become 
Governor upon the failure ot the Governor-elect to quality The Lieutenant 
Governor shall become Governor upon the death, resignation, or removal from 
office of the Governor. The further order of succession to the oftice of Governor 
shall be prescribed by law, A successor shall serve for the remainder ol the term 
of the Governor whom he succeeds and until a new Governor is elected and 
qualified. 

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



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

(4) Mental incapacity The mental incapacity of the Governor to perform the 
duties of his office shall be determined only by joint resolution adopted by a vote 
of two-thirds of all the members of each house of the General Assembly Thereafter, 
the mental capacity of the Governor to perform the duties of his office shall be 
determined only by joint resolution adopted by a vote of a majority of all the 
members of each house of the General Assembly in all cases, the General Assembly 
shall give the Governor such notice as it may deem proper and shall allow him 
an opportunity to be heard before a joint session of the General Assembly before 
it takes final action. When the General Assembly is not in session, the Council of 
State, a majority of its members concurring, may convene it in extra session for 
the 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 ojficejor 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 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 recommend to 
their consideration such measures as he shall deem expedient. 

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

The total expenditures of the State for the fiscal period covered by the budget 
shall not exceed the total of receipts during that fiscal period and the surplus 
remaining in the State Treasury at the beginning of the period. To insure that the 
State does not incur a deficit for any fiscal period, the Governor shall continually 
survey the collection of the revenue and shall effect the necessary economies in 
State 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 

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to any surplus remaining in the State Treasury at the beginning of the period, 
will not be sufficient to meet budgeted expenditures. This section shall not be 
construed to impair the power of the State to issue its bonds and notes withm 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 hercatter. 

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

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

(6) Clemency. The Governor may grant reprieves, commutations, and pardons, 
after conviction, lor all oftenses (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, commutations, and 
pardons shall not include paroles. 

(7) Extra sessions. The Governor may, on extraordinary occasions, by and with 
the advice of the Council of State, convene the General Assembly in extra session 
by 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 otherwise provided for. 

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

(10) Administrative reorganization. The General Assembly shall prescribe the 
functions, powers, and duties of the administrative departments and agencies ot 
the State and may alter them from time to time, but the Governor may make 
such changes in the allocation of ofhces and agencies and in the allocation of 
those functions, powers, and duties as he considers necessary tor 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 
disapproved by resolution of either house of the General Assembly or specifically 
modified by joint resolution of both houses of the General Assembly 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(11) Reconvened sessions. The Governor shall, when required by Section 22 of 
Article 11 of this Constitution, reconvene a session of the General Assembly. At 
such reconvened session, the General Assembly may only consider 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 serving 
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 equally 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 ol 
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 the duty of the Governor to appoint another to serve 
until his successor is elected and qualihed. 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 chosen shall 
hold the office for the remainder of the unexpired term fixed in this Section. 
When a vacancy occurs m the office of any of the officers named in this Section 
and the term expires on the first day of January succeeding the next election for 
members of the General Assembly the Governor shall appoint to fill the vacancy 
for the unexpired term of the office. 



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(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 perform 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 incapacity of 
any officer to perform the duties of his office, and for determining whether an 
officer who has been temporarily incapacitated has sufficiently recovered his 
physical or mental capacity to perform the duties of his office. Removal of those 
officers from office for any other cause shall be by impeachment. 

(7) Special Qualifications for Attorney General. Only persons duly authorized 
to practice law m the courts of this State shall be eligible for appointment or 
election as Attorney General. 

Sec. 8. Council oj State. The Council of State shall consist of the officers whose 
offices are established by this Article. 

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

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

Sec. 1 1. 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 temporary agencies may but need 
not, be allocated within a principal department. 



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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 accomplishment of the purposes for 
which the agencies were created. Appeals from administrative 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 majority of the members shall be necessary to 
a quorum, and no person shall be convicted without the concurrence of two-thirds 
of the Senators present. Judgment upon conviction shall not extend beyond removal 
from and disqualification to hold office in this State, but the party shall be liable to 
indictment and punishment according to law. 

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

Sec. 6. Supreme Court. 

(1) Membership. The Supreme Court shall consist of a Chief Justice and six 
Associate Justices, but the General Assembly may increase the number of Associate 
Justices to not more than eight. In the event the Chief Justice is unable, on 
account of absence or temporary 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 



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Sec. 7. Court of Appeals. The structure, organization, and composition of the Court 
of Appeals shall be determined by the General Assembly. The Court shall have not 
less than five members, and may be authorized to sit m 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 oj Justices and Judges. The General Assembly shall provide by 
general law for the retirement of Justices and Judges of the General Court ot 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. 

(T) 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. E:ach regular Superior Court Judge shall reside m the district for which 
he IS elected. The General Assembly may provide by general law for the selection 
or appointment of special or emergency Superior Court Judges not selected lor 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 ot fact 
requiring a jury Regular trial sessions of the Superior Court shall be held at 
times fixed pursuant to a calendar of courts promulgated by the Supreme Court. 
At least two sessions for the trial of jury cases shall be held annually in each 
county. 

(3) Clerks. A Clerk of the Superior Court for each county shall be elected for a 
term of four years by the c]ualified voters thereof, at the same time and places as 
members of the General Assembly are elected. If the office of Clerk of the Superior 
Court becomes vacant otherwise than by the expiration of the term, or if the 
people fail to elect, the senior regular resident Judge of the Superior Court serving 
the county shall appoint to fill the vacancy until an election can be regularly 
held. 

Sec. 10. District Courts. The General Assembly shall, from time to time, divide the 
State into a convenient number of local court districts and shall prescribe where the 
District Courts shall sit, but a District Court must sit m 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 ol 
the judges as Chief District Judge. Every District Judge shall reside in the district lor 
which he is elected. For each county, the senior regular resident Judge of the Superior 

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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 hlled for the unexpired term in a manner 
prescribed by law. Vacancies in the office of Magistrate shall be filled for the unexpired 
term in the manner provided for original appointment to the office. 

Sec. 11. Assignment of Judges. The Chief Justice of the Supreme Court, acting in 
accordance with rules of the Supreme Court, shall make 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 di\ide 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. 

(1) Supreme Court. The Supreme Court shall have jurisdiction to re\iew upon 
appeal any decision of the courts below, upon any matter of law or legal inference. 
The jurisdiction of the Supreme Court over "issues of fact" and "questions of 
fact" shall be the same exercised by it prior to the adoption of this Article, and 
the Court may issue any remedial writs necessary to give it general supervision 
and control over the proceedings of the other courts. The Supreme Court also 
has 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 powers as the General 
Assembly shall prescribe by general law uniformly applicable in every county of 
the State. 

(4) District Courts; Magistrates. The General Assembly shall, by general law 
uniformly applicable in every local court district of the State, prescribe the 
jurisdiction and powers of the District Courts and Magistrates. 

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

(6) Appeals. The General Assembly shall by general law provide a proper system 
of appeals. Appeals from Magistrates shall be heard de novo, with the right of 
trial by jury as defined in this Constitution and the laws of this Slate. 

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Sec. 13. Forms of action; rules of procedure. 

{ I ) 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 people 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 authority to 
make rules of procedure and practice for the Appellate Division. The General 
Assembly may make rules of procedure and practice for the Superior Court and 
District Court Divisions, and the General Assembly may delegate this authority 
to the Supreme Court, No rule of procedure or practice shall abridge substantive 
rights or abrogate or limit the right of trial by jury If the General Assembly 
should delegate to the Supreme Court the rule-making power, the General 
Assembly may, nevertheless, alter, amend, or repeal any rule of procedure or 
practice adopted by the Supreme Court for the Superior Court or District Court 
Divisions. 

Sec. 14. Waiver of jury trial. In all issues of fact joined m any court, the parties in 
any civil case may waive the right to have the issues determined by a jury, m 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 lor an administrative 
ofhce of the courts to cany out the provisions of this Article. 

Sec. 16. Terms of office and election of fustices 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 ofhce 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 qualihed voters of the State. Regular 
Judges of the Superior Court may be elected by the qualified voters of the State or by 
the voters of their respective districts, as the General Assembly may prescribe. 

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

(1) Removal of Judges by the General Assembly Any Justice or Judge of the 
General Court of Justice may be remo\'ed from ofhce 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 

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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 (his 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, conviction of a 
crime involving moral turpitude, or conduct prejudicial to the administration 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 

(4) Removal of Clerks. Any Clerk of the Superior Court may be removed from 
office for misconduct or mental or physical incapacity by the senior regular resident 
Superior Court Judge serving the county. Any Clerk against whom proceedings 
are instituted shall receive written notice of the charges 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. 18. District Attorney and prosecutorial districts. 

(1) District Attorneys. The General Assembly shall, from time to time, divide 
the State into a convenient number of prosecutorial districts, for each of which a 
District Attorney shall be chosen for a term of four years by the qualihed voters 
thereof, at the same time and places as members of the General Assembly are 
elected. Only persons duly authorized to practice law m 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 m such manner as the General Assembly may 
prescribe by general law uniformly applicable in every local court district ol the 
State. 

Sec. 19. Vacancies. Unless otherwise provided in this Article, all vacancies occurring 
in the offices provided for by this Article shall be filled by appointment of the Governor, 
and the appointees shall hold their places until the next election foi" members of the 
General Assembly that is held more than 60 days after the vacancy occurs, when 

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NORTH CAROLINA MANUAL 1999-2000 

elections shall be held to hll 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 till that vacancy for the unexpired term of 
the office. If any person elected or appointed to any of these offices shall fail to 
quality the office shall be appointed to, held, and filled as provided in case of vacancies 
occurring therein. All incumbents of these offices shall hold until their successors 
arc qualified. 

Sec. 20. Revenues and expenses of the judicial department. The General Assembly 
shall pro\ide for the establishment of a schedule of court fees and costs which shall 
be uniform throughout the State withm 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 m 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 andjudges. Only persons duly authorized to practice 
law in the courts of this State shall be eligible for election or appointment as a Justice 
of the Supreme Court, Judge of the Court of Appeals, Judge of the Superior Court, or 
Judge of District Court. This section shall not apply to persons elected to or serving 
in such capacities on or before January 1, 1981. 

Article V 

Finance 

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

Sec. 2. State and local taxation. 

(1) Power ot 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 e\'cry county city and town, and other unit of local government. 

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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(3) Exemptions. Property belonging to the State, counties, and municipal 
corporations shall be exempt from taxation. The General Assembly may exempt 
cemeteries and property held for educational, scientific, literary, cultural, 
charitable, or religious purposes, and, to a value not exceeding $300, any personal 
property The General Assembly may exempt from taxation not exceeding $ 1 ,000 
in value of property held and used as the place of residence of the owner. Every 
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 
government. No taxing authority other than the General Assembly may grant 
exemptions, and the General Assembly shall not delegate the powers accorded to 
it by this subsection. 

(4) Special tax areas. Subject to the limitations imposed by Section 4, the General 
Assembly may enact general laws authorizing the governing body of any county, 
city, or town to define territorial areas and to le\y taxes within those areas, in 
addition to those levied throughout the county city, or town, in order to finance, 
pro\ide, or maintain services, facilities, and functions in addition to or to a greater 
extent than those financed, provided, or maintained for the entire county, city, or 
town. 

(5) Purposes of property tax. The General Assembly shall not authorize any 
county, city or town, special district, or other unit of local government to levy 
taxes on property, except for purposes authorized by general law uniformly 
applicable throughout the State, unless the tax is approved by a majority of the 
qualified voters of the unit who vote thereon. 

(6) Income tax. The rate of tax on incomes shall not in any case exceed ten per 
cent, and there shall be allowed personal exemptions and deductions so that 
only net incomes are taxed. 

(7) Contracts. The General Assembly may enact laws whereby the State, any 
county city or town, and any other public corporation may contract with and 
appropriate money to any person, association, or corporation for the 
accomplishment of public purposes only. 

Sec. 3. Limitations upon the increase oj 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 \'olcrs of the Slate 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; 

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NORTH CAROLINA MANUAL 1999-2000 

(d) 10 suppress riots or insurrections, or to repel invasions; 

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

(0 for any other lawful purpose, to the extent of two-thirds of the amount by 
which the States 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 m 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 qualihed voters who vote thereon. 

(3) Dehnitions. A debt is incurred withm the meaning ol this Section when the 
State borrows money A pledge of the faith and credit within the meaning of this 
Section is a pledge of the taxing power. A loan of credit within the meaning of 
this Section occurs when the State exchanges its obligations with or m any way 
guarantees the debts of an individual, association, or private corporation. 

(4) Certain debts barred. The General Assembly shall never assume or pay any 
debt or obligation, express or implied, incurred in aid of insurrection or rebellion 
against the United States. Neither shall the General Assembly assume or pay any 
debt or bond incurred or issued by authority of the Convention of 1868, the 
special session of the General Assembly of 1868, or the General Assemblies of 
1868-69 and 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 m 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 tor issue as of 
July 1, 1973. 

Sec. 4. Limitations upon the increase of local government debt. 

(1) Regulation of borrowing and debt. The General Assembly shall enact general 
laws relating to the borrowing of money secured by a pledge of the faith and 
credit and the contracting of other debts by counties, cities and towns, special 
districts, and other units, authorities, and agencies of local government. 

(2) Authorized purposes; two-thirds limitation. The General Assembly shall 
have no power to authorize any county, city or town, special 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 qualihed voters of the unit who vote 
thereon, except for the following purposes: 

(a) to fund or refund a valid existing debt; 
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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(b) to supply an unforeseen deficiency m 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 pubHc health or safety, 
as conclusively determined in writing by the Governor; 

(0 for purposes authorized by general laws uniformly apphcable throughout 
the State, to the extent of two-thirds of the amount by which the unit's 
outstanding indebtedness shall have been reduced during the next preceding 
fiscal year. 

(3) Gift or loan of credit regulated. No county, city or town, special district, 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 directly 
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 local 
government borrows money. A pledge of faith and credit within the meaning of 
this Section is a pledge of the taxing power. A loan of credit within the meaning 
of this Section occurs when a county, city or town, special district, or other unit, 
authority, or agency of local government exchanges its obligations with or in any 
way guarantees the debts of an individual, association, or private corporation. 

(6) Outstanding debt. Except as provided in subsection (4), nothing in this 
Section shall be construed to invalidate or impair the obligation of any bond, 
note, or other evidence of indebtedness outstanding or authorized for issue as of 
July 1, 1973. 

Sec. 5. Acts levying taxes to state objects. Every act of the General Assembly levying 
a tax shall state the special object to which it is to be applied, and it shall be applied 
to no other purpose. 

Sec. 6. Inviolability of sinking funds and retirement funds. 

(1) Sinking funds. The General Assembly shall not use or authorize to be used 
any part of the amount of any sinking fund for any purpose other than ihc 
retirement of the bonds for which the sinking fund has been created, except that 
these funds may be invested as authorized by law. 

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NORTH CAROLINA MANUAL 1999-2000 

(2) Rctiremenl funds. Neither the General Assembly nor any public officer, 
employee, or agency shall use or authorize to be used any part of the funds of the 
Teachers" and State Employees' Retirement System or the Local Governmental 
Employees' Retirement System lor any purpose other than retirement system 
benefits and purposes, administrative expenses, and refunds; except that 
retirement system lunds 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. 

CD State treasury No money shall be drawn Irom the State Treasury but m 
consequence ot 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 ot law. 

Sec. 8. Health care facilities. Notwithstanding any other provisions of this 
Constitution, the General Assembly may enact general laws to authorize the State, 
counties, cities or towns, and other State and local governmental entities to issue 
revenue bonds to linance or retinance lor any such governmental entity or any 
nonproiit private corporation, regardless of any church or religious relationship, the 
cost of acquiring, constructing, and financing health care facility projects to be operated 
to serve and benefit the public; provided, no cost incurred earlier than two years 
prior to the effective date of this section shall be refinanced. Such bonds shall be 
payable trom the revenues, gross or net, of any such projects and any other health 
care facilities of any such governmental entity or nonprofit private 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 ior the conveyance o( title of, with or 
without consideration, any such project or tacilities to the governmental entity or 
nonprofit private corporation. The power of eminent domain shall not be used 
pursuant hereto ior nonproiit private corporations. 

Sec. 9[8].l. Capital projects for industry. Notwithstanding any other provision 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 rehnance, the cost 
of capital projects consisting of industrial, manufacturing and pollution control 
facilities ior industry and pollution control facilities for public utilities, and to refund 
such bonds. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 property for any 
such capital project. 

Sec. 10. Joint ownership of generation and transmission facilities. In addition lo 
other powers conferred upon them by law, municipalities owning or operating facilities 
for the generation, transmission or distribution of electric power and energy and 
jomt agencies formed by such municipalities for the purpose of owning or operating 
facilities for the generation and transmission of electric 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, ftrm, 
association or corporation, public or private, engaged in the generation, transmission 
or distribution of electric power and energy for resale (each, respectively, "a co-owner") 
within this State or any state 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 hable, either jointly or severally, for any acts, omissions or 
obligations of any co-owner, nor shall any money or property of any unit of municipal 
government be credited or otherwise applied to the account of any co-owner or be 
charged vvdth 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 proxision o\ ihc 
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. 



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NORTH CAROLINA MANUAL 1999-2000 

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 
trom revenues or property derived h'om 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 ot eminent domain shall not be exercised to provide any property for any 
such capital project. 

Sec. 12111). 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 hnance and refinance the cost of 
acquiring, constructing, and financing higher education facilities to be operated to 
serve and benefit the public for any nonprotit private corporation, 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 rehnanced. 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 indebtedness requiring voter approval of the 
State or such entity, and, where the title to such facilities is vested in the State or any 
State entity, may be secured by an agreement which may provide for the conveyance 
of title to, with or without consideration, such facilities to the nonproht private 
corporation. The power of eminent domain shall not be used pursuant hereto. 

Sec. 13[12].3. 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 m connection 
with the development of new and existing seaports and airports, and to authorize 
such public bodies: 

(a) to acquire, construct, own, own joindy 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 hnance and rehnance for public and private parties seaport and airport 
facilities and improvements which relate to, develop or further waterborne 
or airborne commerce and cargo and passenger trafhc, including commercial, 
industrial, manufacturing, processing, mining, transportation, distribution, 
storage, marine, aviation and environmental facilities and improvements; and 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(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 
properties associated with any of their seaport or airport facilities and with 
the facilities and improvements to be financed or refinanced, but in no event 
to create a debt secured by a pledge of the faith and credit of the State or any 
other public body in the State. 

Article VI 

Suffrage And Eligibility To Office 

Section 1. Who may vote. Every person born in the United States and every person 
who has been naturalized, 18 years of age, and possessing the quaUfications set out 
in this Article, shall be entitled to vote at any election by the people of the State, 
except as herein otherwise provided. 

Sec. 2. QuaUfications of voter. 

(1) Residence period for State elections. Any person who has resided in the 
State of North Carolina for one year and in the precinct, ward, or other election 
district for 30 days next preceding an election, and possesses the other 
qualifications set out in this Article, shall be entitled to vote at any election held 
in this State. Removal from one precinct, ward, or other election district lo 
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 citizenship m the 
manner prescribed by law. 

Sec. 3. RegLStmtion. Every person offering to vote shall be at the time legally registered 
as a voter as herein prescribed and in the manner provided b\' law. The General 
Assembly shall enact general laws governing the registration ol voters. 

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NORTH CAROLINA MANUAL 1999-2000 

Sec. 4. Qualification for re^tration. Every person presenting himself for registration 
shall be able lo read and vvnie any section of the Constitution in the English language. 

Sec. 5. Elections by people and General Assembly. All elections by the people shall 
be by ballot, and all elections by the General Assembly shall be viva voce. A contested 
election lor any office established by Article 111 of this Constitution shall be determined 
by joint ballot oi both houses oi the General Assembly in the manner prescribed by 
law. 

Sec. 6. Eli^bility to elective office. Every qualified voter in North Carolina who is 21 
years ol age, except as m this Constitution disc|ualified, shall be eligible for election 
by the people to office. 

Sec. 7. Oath. Before entering upon the duties of an ofhce, a person elected or 
appointed to the ofhce shall take and subscribe the following oath: 

"1 , do solemnly swear (or affirm") that 1 will support and maintain 

the Constitution and laws of the United States, and the Constitution and laws of 
North Carolina not inconsistent therewith, and that 1 will faithfully discharge the 
duties of my ofhce as so help me God." 

Sec. 8. Disqualifications for office. The following persons shall be disqualihed for 
ofhce: 

Eirst, any person who shall deny the being ol Almighty God. 

Second, with respect to any oiiice that is liUed by election by the people, any 
person who is not qualihed to vote in an election for that ofhce. 

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 m this State, or any person who has been adjudged guilty of corruption 
or malpractice in any ofhce, or any person who has been removed by impeachment 
from any ofhce, and who has not been restored to the rights ol citizenship in the 
manner prescribed by law. 

Sec. 9. Dual office holding. 

(1) Prohibitions. It is salutary that the responsibilities of self-government be 
widely shared among the citizens ol the State and that the potential abuse of 
authority inherent in the holding of multiple ofhces by an individual be avoided. 
Therefore, no person who holds any olhce or place ol trust or proht 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 hlled by election by the 
people. No person shall hold concurrently any two ofhces in this State that are 

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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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. 10. 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 olfices are elective, until their successors are chosen 
and qualified. 

Article VII 

Local Government 

Section 1. General Assembly to provide for local government. The General Assembly 
shall provide for the organization and government and the fixing of boundaries of 
counties, cities and towns, and other governmental subdivisions, and, except as 
otherwise prohibited by this Constitution, may give such powers and duties to 
counties, cities and towns, and other governmental subdivisions as it may deem 
advisable. 

The General Assembly shall not incorporate as a city or town, nor shall it authorize 
to be incorporated as a city or town, any territory lying within one mile of the corporate 
limits of any other city or town having a population of 5,000 or more according to 
the most recent decennial census of population taken by order of Congress, or lying 
within three miles of the corporate limits of any other city or town having a population 
of 10,000 or more according to the most recent decennial census of population taken 
by order of Congress, or lying within four miles of the corporate limits of any oilier 
city or town having a population of 25,000 or more according to the most recent 
decennial census of population taken by order of Congress, or lying within five miles 
of the corporate limits of any other city or town having a population of 50,000 or 
more according to the most recent decennial census of population taken by order of 
Congress. Notwithstanding the foregoing limitations, the General Assembly may 
incorporate a city or town by an act adopted by vole of three-fifths of all the members 
of each house. 



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Sec. 2. Sheriffs. In each county a Sheriff shall be elected by the qualihed 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 provide by general 
laws for the chartering, organization, and powers of all corporations, and for the 
amending, extending, and forfeiture of all charters, except those above permitted by 
special act. All such general acts may be altered from time to time or repealed. The 
General Assembly may at any time by special act repeal the charter ot any corporation. 

Sec. 2. Corporations defined. The term "corporation" as used m 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 individuals or partnerships. 
All corporations shall have the right to sue and shall be subject to be sued in all 
courts, in like cases as natural persons. 

Article IX 

Education 

Section 1. Education encouraged. Religion, morality and knowledge being necessary 
to good government and the happiness of mankind, schools, libraries, and the means 
of education shall forever be encouraged. 

Sec. 2. Uniform system of schools. 

(1) General and uniform system; term. The General Assembly shall provide by 
taxation and otherwise for a general and uniform system of free public schools, 
which shall be maintained at least nine months in every year, and wherein equal 
opportunities shall be provided for all students. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(2) Local responsibility. The General Assembly may assign to units of local 
government such responsibility for the financial support of the free public schools 
as it may deem appropriate. The governing boards of units of local government 
with financial responsibility for public education may use local revenues to add 
to or supplement any public school or post-secondary school program. 

Sec. 3. School attendance. The General Assembly shall provide that every child of 
appropriate age and of sufficient mental and physical abihty 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 confirmation. 

(2) Superintendent of Public Instruction. The Superintendent of Public 
Instruction shall be the secretary and chief administrative officer of the State 
Board of Education. 

Sec. 5. Powers and duties of Board. The State Board of Education shall supervise and 
administer the free public school system and the educational funds provided for its 
support, except the funds mentioned in Section 7 of this Article, and shall make all 
needed rules and regulations in relation thereto, subject to laws enacted by the General 
Assembly. 

Sec. 6. State school fund. The proceeds of all lands that have been or hereafter may 
be granted by the United States to this State, and not 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 proceeds of all sales of the 
swamp lands belonging to the State; and all other grants, gifts, and devises that have 
been or hereafter may be made to the State, and not otherwise appropriated by the 
State or by the terms of the grant, gift, or devise, shall be paid into the State Treasury 
and, together with so much of the revenue of the State as may be set apart for that 
purpose, shall be faithfully appropriated and used exclusively for establishing and 
maintaining a uniform system of free public schools. 



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Sec. 7. County school fund. All moneys, stocks, bonds, and other property belonging 
to a county school lund, 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, 
hall belong to and remain in the several counties, and shall be faithfully appropriated 
and used exclusively for maintaining free public schools. 



s 



Sec. 8. Higher education. The General Assembly shall maintain a public system of 
higher education, comprising The University of North Carolina and such other 
institutions of higher education as the General Assembly may deem vv^ise. The General 
Assembly shall provide for the selection of trustees of The University of North Carolina 
and of the other institutions of higher education, m whom shall be vested all the 
privileges, rights, franchises, and endowments heretofore granted to or conferred 
upon the trustees of these institutions. The General Assembly may enact laws necessary 
and expedient for the maintenance and management of The University of North 
Carolina and the other public institutions of higher education. 

Sec. 9. Benehts of public institutions of higher education. The General Assembly 
shall provide that the benehts of The University of North Carolina and other public 
institutions of higher education, as far as practicable, be extended to the people of 
the State free of expense. 

Sec. 10. Escheats. 

(1) Escheats prior to July 1, 1971. All property that prior to July 1, 1971, 
accrued to the State from escheats, unclaimed dividends, or distributive shares 
of the estates of deceased persons shall be appropriated to the use ot 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 du^dends, or distributive shares of 
the estates of deceased persons shall be used to aid worthy and needy students 
who are residents of this State and are enrolled m 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 ot 
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 hnal process 
of any court, issued for the collection ol any debt. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 m a city or tov^m 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 hnal 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 
ovmer thereof, shall be exempt from the payment of any debt during the minority 
of the owmers children, or any of them. 

(3) Exemption for benefit of surviving spouse. If the owner of a homestead dies, 
leaving a surviving spouse but no minor children, the 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 homestead. 

(4) Conveyance of homestead. Nothing contained in this Article shall operate to 
prevent the owner of a homestead from disposing of it by deed, but no deed 
made by a married owner of a homestead shall be valid without the signature 
and acknowledgement of his or her spouse. 

Sec. 3. Mechanics' and laborers' liens. The General Assembly shall provide 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 personal property 
of any female in this State acquired before marriage, and all property, real and personal, 
to which she may, after marriage, become in any manner entitled, shall be and remain 
the sole and separate estate and property of such female, and shall not he 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 husband, including the power to execute and 
acknowledge deeds to property owned by herself and her husband or h\' her husband. 



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NORTH CAROLINA MANUAL 1999-2000 

Sec. 5. Insurance. A person may insure his or her own life for the sole use and 
benefit of his or her spouse or children or both, and upon his or her death the 
proceeds from the insurance shall be paid to or for the beneht 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 beneht of that persons spouse or children or both shall 
not be subject to the claims of creditors of the insured during his or her hfetime, 
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 benehciaries predecease the 
insured. 

Article XI 

Punishments, Correcdoits, And Charities 

Section 1 . Punishments. The following punishments only shall be known to the 
laws of this State: death, imprisonment, hues, suspension of a jail or prison term 
with or without conditions, restitution, community service, restraints on liberty, work 
programs, removal from ofhce, and disqualihcation to hold and enjoy any ofhce of 
honor, trust, or profit under this State. 

Sec. 2. Death punishment. The object of punishments being not only to satisfy 
justice, but also to reform the offender and thus prevent crime, murder, arson, burglary, 
and rape, and these only, may be punishable with death, it the General Assembly 
shall so enact. 

Sec. 3. Charitable and correctional institutions and agencies. Such charitable, 
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; hoard of public welfare. Beneficent provision for the 
poor, the unfortunate, and the orphan is one of the hrst duties of a civilized and a 
Christian state. Therefore the General Assembly shall provide for and dehne the 
duties of a board of public welfare. 

Article XII 

Military Forces 

Section 1. Governor is Commander in Chief. The Governor shall be Commander 
m 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. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Article XIII 

Conxentions; Constitutional Amendment And Remsion 

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 limitations upon the authority of the Convention; 
and if a majority of the votes cast upon the proposition are in favor of a Convention, 
those limitations shall become binding upon the Convention. Delegates to the 
Convention shall be elected by the qualified voters at the time and in the manner 
prescribed in the act of submission. The Convention shall consist of a number of 
delegates equal to the membership of the House of Representatives of the General 
Assembly that submits the convention proposition and the delegates shall be 
apportioned as is the House of Representatives. A Convention shall adopt no ordinance 
not necessary to the purpose for which the Convention has been called. 

Sec. 2. Power to revise or amend Constitution reserved to people. The 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 methods set out hereinafter 
m this Article, but in no other way. 

Sec. 3. Revision or amendment by Convention of the People. A Convention of the 
People of this State may be called pursuant to Section 1 of this Article to propose a 
new or revised Constitution or to propose amendments to this Constitution. Every 
new or revised Constitution and every constitutional amendment adopted by a 
Convention shall be submitted to the qualified 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 afier 
ratification by the qualified voters unless a different effective date is prescribed by the 
Convention. 



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NORTH CAROLINA MANUAL 1999-2000 

Sec. 4. Revision or amendment hy legislative initiation. A proposal of a new or 
revised Constitulion or an amendment or amendmenis to this Constitution may be 
initiated by the General Assembly, but only if three-hfths of all the members of each 
house shall adopt an act submitting the proposal to the qualified voters of the State 
for their ratification or rejection. The proposal shall be submitted at the time and m 
the manner prescribed by the General Assembly If a majority of the votes cast thereon 
are in tavor of the proposed new or revised Constitution or constitutional amendment 
or amendments, it or they shall become effective January hrst next after ratification 
b\' 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 1 . Seat of government. The permanent seat of government of this State shall 
be at the City of Raleigh. 

Sec. 2. State boundaries. The limits and boundaries of the State shall be and remain 
as they now are. 

Sec. 3. General laM/s defined. Whenever the General Assembly is directed or 
authorized by this Constitution to enact general laws, or general laws uniformly 
applicable throughout the State, or general laws uniformly applicable in every county, 
city and tow^n, and other unit of local government, or m e\'ery local court district, no 
special or local act shall be enacted concerning the subject matter directed or authorized 
to be accomplished by general or uniformly applicable laws, and every amendment 
or repeal of any law relating to such subject matter shall also be general and uniform 
m its effect throughout the State. General laws may be enacted for classes dehned by 
population or other criteria. General laws uniformly applicable throughout the State 
shall be made applicable without classification or exception in every unit of focal 
government of fil\e f\ind, such as every county, or every city and town, but need not 
be made appficabfe in every unit of local government in the State. General laws 
uniformly applicable m 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 focal court 
district, as tlie case may be. The General Assembly may at any time repeal any 
special, local, or private act. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Sec. 4. Continuity of laws; protection oj officer holders. The laws of North Carolina 
not in conflict with this Constitution shall continue m 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 \4rtue of 
any election or appointment made under the prior Constitution of North Carolina 
and the laws of the State enacted pursuant thereto. 

Sec. 5. Conservation of natural resources. It shall be the policy of this State to 
conserve and protect its lands and waters for the benefit of all its citizenry, and lo 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 heritage of this State its 
forests, wedands, estuaries, beaches, historical sites, openlands, and places of beauty 

To accomplish the aforementioned public purposes, the State and its counties, cities 
and towns, and other units of local government may acquire by purchase or gift 
properties or interests m properties which shall, upon their special dedication to and 
acceptance by resolution adopted by a vote of three-fifths of the members of each 
house of the General Assembly for those public purposes, constitute part of the "State 
Nature and Historic Preserve", and which shall not be used for other purposes except 
as authorized by law enacted by a vote of three-fifths of the members of each house 
of the General 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 aforementioned 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 section with 
respect to industrial revenue bonds which it also designated Art. V, Sec. 8 
(inadvertently duplicating section number 8), and the voters in 1976 raiificd it. 
The potential problem of duplicative section numbers was addressed by designating 
the section regarding industrial revenue bonds as Sec. 9 in subsequent printings 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. 1 1 , wiih 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, 

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NORTH CAROLINA MANUAL 1999-2000 

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 designated Art. 
V, Sec. 11 (inadvertently duplicating section number 11), and the voters m 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. 12, 
with respect to financing airport and seaport facilities, and the voters m 1986 
ratified it, notwithstanding the fact that there was already a Sec. 12, 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 addressed 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 m the General 
Statutes of North Carolina. 



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CHAPTER THREE 



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THE COUNCIL OF STATE 



The Council of State and the Executive Branch 

Under provisions in the Constitution of North Carolina, the three branches of 
state government - legislative, executive and judicial - are distinct and separate from 
each other (Article I, Section 6). This separation of powers has been a fundamental 
principal of state governments organizational structure since North Carolina's 
independence. 

In the nearly two hundred years since the formation of the State of North Carolina, 
many changes have occurred in that structure. State and local government in North 
Carolina have grown from minimal organizations comprising a handful of employees 
statewide in 1 776 to the current multi-billion dollar enterprise 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 governments 
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 executive 
branch's organization, the General Assembly undertook a major reorganization of 
state government. The legislators began the reorganization by defining the activities 
that most appropriately should be entrusted to executive branch agencies. 

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 the 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 people for a North Carolina State Constitution Commission. 

The commission's report, submitted on December 16, 1968, contained a proposed 
amendment to the state constitution that would reduce the number of executive 
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 amendment to 
a vote of the people and also authorized the governor to begin a study of consolidation 
of state agencies and to prepare recommendation for the General Assembly Governor 
Robert W Scott established the State Government Reorganization Study Commission 
in October, 1969. Later, m May, 1970, the governor appointed a fifty-member citizen 
Committee on State Government Organization to review the study and make specific 
recommendations for implementation of the reorganization plan. 



Il t he ex EC u tivebranch 



NORTH CAROLINA MANUAL 1999-2000 

Voters approved the conslitutional 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 departments 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 phases. 
Phase 1 would group agencies together in a limited number of functional departments. 
The General Assembly approved the implementation of Phase I m 1971. Phase 11 
began in 1971 and continued into 1973 as agencies began to evaluate agency and 
department organizations. The results of this analysis were presented to the 1973 
General Assembly in the form of legislation that would revise existing statutes to 
more closely conform to the executive branch's new organizational 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 ratihed the 
Executive Organization Act of 1971 on July 14, 1971. The act divided the executive 
branch into rough groupings. The hrst group was composed of 19 principal offices 
and departments headed by elected ofhcials. Nine other departments organized along 
functional lines and headed by appointed administrators formed the second grouping 
of agencies. 

The act implemented Phase 1 of the reorganization through types of transfers. A 
Type 1 transfer meant transferring all or part of an agency — including its statutory 
authority powers and duties — to a principal department. A Type 11 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 departments head. Governor 
Scott created all of the odices 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 

Office of the Lieutenant Governor 

Department of the Secretary of State 

Department of the State Auditor 

Department of State Treasurer 

Department of Public Education 

(now the Department of Public Instruction) 

Department of Justice 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Agriculture 

(now named the Department of Agriculture and Consumer Services) 

Department of Labor 

Department of Insurance 

Department of Administration 

Department of Transportation and Highway Safety 
(now named the Department of Transportation) 

Department of Natural and Economic Resources 

(now the Department of Environment and Natural Resources) 

Department of Human Resources 

(now the Department of Health and Human Services) 

Department of Social Rehabilitation and Control 
(now the Department of Correction) 

Department of Commerce 

Department of Revenue 

Department of Art, Culture and History 
(now Department of Cultural Resources) 

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 cabinet 
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 1977. In 1973, 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 secretaries, 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 ihc 
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 he 
or she might refer to it. 

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NORTH CAROLINA MANUAL 1999-2000 

The Department of Military and Veterans Affairs was specifically charged with 
making sure the states National Guard troops were trained to federal standards. 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 veterans services programs. 

The initial reorganization ol the states executive branch was mostly completed 
by the end of 1Q75. The governor, however, sought several additional reorganizational 
changes. The proposals primarily affected four departments — Commerce, Military 
and Veterans Affairs, Natural and Iiconomic Resources and Transportation. 

The 1977 General Assembly enacted several laws implementing the new proposals. 
The old Department of Military and Veterans Affairs was replaced by a new Department 
oi Crime Control and Public Safety. The Veterans Affairs Commission was transferred 
to the Department of Administration. The State Highway Patrol, formerly part of the 
Department of Transportations Division of Motor Vehicles, was transferred to the 
Department of Crime Control and Public Safety. The 1977 act created a Governors 
Crime Commission administered by Crime Control and Public Safety. 

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

Other legislative changes further 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 m North Carolina's 
educational 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 
development. 

Reorganization has become a predictable, on-going feature ot state governments 
executive branch since 1 971 . Department names have changed, missions and mandates 
have been altered and some agencies, such as the Office of State Controller, have 
been given autonomous status. One new department — the Department ol 
Community Colleges - has been 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 
significantly The Department of Natural Resources and Economic Development 
became the Department of Environment, Health and Natural Resources with primary 
responsibilities in the areas of environmental and natural resources management and 
public health protection. The Department of Commerce was renamed the Department 



190 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

of Economic and Community Development. This department acquired the community 
development activities of the old NRCD and added them to the commercial and 
industrial activity of the old Department of Commerce. The Department of Human 
Resources lost its Division of Health Services and several sections from other divisions 
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 formally 
reorganized the department yet again. As of June 1, 1997, all health functions and 
programs were consoUdated in the newly-renamed Department of Health and Human 
Services, which also comprised the former Department of Human Resources. The 
Department of Environment, Health and Natural Resources was renamed the 
Department of En\ironment and Natural Resources. 

The Council of State 

Origin and Composition 

North Carolina's Council of State is composed of the elected officials enumerated 
in Article 111 of the Constitution of North Carolina. Each of these officials 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 m 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 1776. 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 granted lo ihe governor 
was further limited by requiring, in many instances, the concurrence oi the Council 
of State before the governor could exercise power. 

The Council of State consisted of seven men elected by joint voic ol ihc two 
houses of the General Assembly They were elected for a one-year icrni and couUl not 
be members of either the state Senate or the state House of Commons. II a \acancy 
occurred, it was filled at the next session of ihe General Assembly The council was 
created to "advise the governor in the execution of his office," but was independent 
of the governor. 

191 



NORTH CAROLINA MANUAL 1999-2000 

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 o( advising the governor and making decisions which are important to the 
operation ol government have survived. 

Constitutional Basis 

Article III, Section 7, of the Constitution of North Carolina provides for the election 
of the following state ofhcers: 

Secretary of State 

State Auditor 

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 thai 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 elected. 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 111 of the Constitution provides 
that those elected officials shall constitute the Council of Slate. 

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 
suffering 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. 

192 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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

Investigate public works companies. 

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. 

Authorize the 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 b)' us 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. 



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NORTH CAROLINA MANUAL 1999-2000 

The Office of the Governor 

The Office oi ihe Gox'ernor is llie oldest go\'ernmenial office in ilie state. North 
Carolinas first go\'ernor was Ralph Lane, who served as governor of Sir Walter Raleigh s 
first colony on Roanoke Island (1585). The first permanent governor was William 
Drummond, appointed hy William Berkeley, Governor ot Virginia, and one of the 
Lords Proprietor. Prior to 1729, governors were appointed by the Lords Proprietor 
and, afier 1730, they were appointed by the crown. A governor served at the pleasure 
of the appointing body, usualK' until he resigned, although there were several instances 
where other factors were InvoK'ed. When a regularly-appointed governor, for whatever 
reason, could no longer perform his functions as chief executive, either the president 
of the council, the deput)' or lieutenant 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 proxided tor election ot the governor by 
vote of the people every two years. Little was done, however, to increase his authority 
m 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 governors term o{ office from two to four )ears and increased some of 
his duties and powers as well. 

Today North Carolina is go\'erned b\' its third constitution. When ratified by the 
states voters m 1970, the new state constitution contained few changes dealing with 
the executive branch in general and the governor m particular. The citizens 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 consecutive term. Following 
his re-election m 1980, Governor James B. Hunt, Jr. became the first Governor ot 
North Carolina since 1866 to be elected to two consecutix'c tour-year terms and to an 
unprecedented third term m 1992. Gov Hunt won re-election again m 199h. 

In 1972, the Office of the Governor was created as one of the 19 departments m 
the executive branch of state government. Under the governor's immediate jurisdiction 
are assistants and personnel needed to carry out the tunctions of chief executive. The 
Governor of North Carolina is not only the states chief executne. He or she also 
directs the state budget and is responsible for all phases ot budgeting trom the initial 
preparation to final execution. The governor is commander-in-chief of the states 
military forces. He or she also serves as chair of the Council ot State, which meets 



194 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 Carolma Constitution requires the governor to faithfully 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 consoUdate 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 government. 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: 

Executi\e Assistant 

The Executive Assistant to the Governor oversees the Office of the Governor. He 
or she monitors the cabinets policy development, serves as the governor's link to 
cabinet members and advises the governor on legislative matters. The executive 
assistant also represents the governor in matters of state, serving as his or her 
representative. 

Legal Counsel 

The Legal Counsel of the Office of the Governor monitors all legal issues relating 
to the governor and his cabinet. The counsel, 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. 

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 budget, advises the governor on policy decisions related to the biennial budget, 
legislative issues and the management of state government. The state budget officer 
also serves as a Uaison to the states business community 

Boards and Commissions Office 

The Boards and Commissions Office reviews apphcalions and sul-tniiis 
recommendations for appointment to the governor for more than 350 statulor)- and 
non-statutory boards and commissions controlled by the Office ol the Cuncrnor. I he 
Boards and Commissions Office researches qualifications and requirements, maintains 
records and serves as a liaison with associations, agencies and interested individuals 
and groups. 

195 



NORTH CAROLINA MANUAL 1999-2000 

Office of State Planning 

The Office of Slale Planning compiles and disseminates accurate, comprefiensive 
statistical data to help adx'ance sound public policy analysis, planning and decision- 
making. The oltices Strategic Plannmg 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 lor the agency's services. The State Data Center is a consortium of 
state and focal agencies that compiles and maintains economic and other data about 
North Carolina and its component geographic areas. The State Demographics Unit 
prepares annual population estimates for all North Carolina municipalities. The unit 
prepares county and state population estimates and projections by age, race and sex. 
The Center for Geographic Information and Analysis CCGIA) provides geographic 
information, products and serxices 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 
government hnancial 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 ot precise positioning and advanced geodetic techniques to establish 
and maintain the official survey base of the state. The survey supports mapping, 
boundary determination, propert)' delineation, infrastructure development, resource 
evaluation surveys and scientific applications. 

Press Office 

The press secretary serves as the spokesperson lor the Office of the Governor and 
coordinates communications etlorts for the administration, making sure the press 
and public get information about their state government. In addition to preparing 
press releases, speeches and public service announcements, 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 responsu'e to 
the citizens of North Carolina. Its citizen relation representatives respond to coniplaints 
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 within the stale and 
sponsors three regional volunteer recognition ceremonies each year. Among the awards 
presented at these ceremonies are the Governors Awards for Bravery and Heroism, 
the Governors Awards for Outstanding Volunteer Service, the Order of the Long- 
Leaf Pine Certificate and the Honorary Tar Heel Ceriificatc. By encouraging citizen 

196 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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. 

Legislati\e Counsel 

The Legislative Counsel of the Office of the Governor is responsible for establishing 
and maintaining a vv'orking relationship 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. 

Eastern Office 

Located m Nevv^ 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 governors policies 
and addresses the needs of citizens in eastern North Carolina. The staff also represents 
the governor at forums, ci\ic and business events. 

Western Office 

Established m 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 
private sector to respond to the needs of the regions 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 federal 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 congressional delegation, federal agencies 
and the White House. The staff monitors and evaluates the impact of federal legislative 
initiatives proposed by the administration and advocates for the interests of the state. 
The Washington office also responds directly to constituent rec|uests for information. 



197 



NORTH CAROLINA MANUAL 1999-2000 

Boards and Commissions 

Advisory Budget Commission 

Christa McAuliffe Fellowship Program Selection Committee 

Education Commission of the States 

Governor's Council on Minority Executives 

Governor's Minority, Female and Disabled- Owned Businesses Contractors 

Advisory Committee 

Governor's Programs of Excellence in Education Selection Committee 

Governor's Western Residence Board of Directors 

National Football League Blue Ribbon Commission 

N.C. Business Council of Management and Development, Inc. 

N.C. Governor's Commission on Workforce Preparedness 

N.C. 2000 Steering Committee 

Southeast Compact Commission for Low-Level Radioactive Waste Management 

Southern Regional Education Board 

Southern Regional Education Board Legislative Work Conference Delegates 

Southern States Energy Board 

Governor's Volunteer Advisory Council (Office of Citizen Affairs) 

For further mtormalion about the Office of the Governor, call (919) 733-4240 or 
visit the Web site for the Ofhce of the Governor at w-w^v. go\'ernor. state . nc . us . 



James B.Hunt, Jr. 

Governor 

Early Years 

Born m Greensboro, N.C. on May 16, 1937, to 
James B. Hunt, Sr., and Elsie Brame Hunt. 

Educational Background 

North Carolina State University, B.S. m 
Agricultural Education 1959; M.S. m 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 




198 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 Party, 1969; President 
of North Carolina Young Democrats, 1968; Delegate to the Democratic National 
Convention, 1968; National College Director for the Democratic National Committee, 
1962-63; State Chairman of College Young Voters, 1960; Vice President of N.C. Young 
Democrats, 1959. 

Boards and Commissions 

Founding Chairman of the National Center for Public Policy and Higher Education; 
Chairman and Founding Chairman of the National Board for Professional Teaching 
Standards; Chairman of the National Commission on Teaching and America's Future; 
Chairman and Member of the National Education Goals Panel; Co-Chairman of the 
Nation Education Goals Panel Task Force on the Future of Education; Vice-Chairman 
and Member of the Achieve Board of Directors; Vice-Chair of the National Center on 
Education and the Economy; Member of the Carnegie Forum Advisory Council; 
Chairman and Business Advisory Council Member of the Education Commission of 
the States; Chair of the National Governors Association Task Force on Technological 
Innovation and Education Committee; Chairman of the Southern Regional Education 
Board; Co-Chair of the National Commission on Asia in the Schools; Co-Chair of the 
National Commission on Math and Science Teaching for the 21st Century; Vice- 
Chairman of the National Center on Education and the Economy Board; Chair of the 
National Task Force on Education for Economic Growth; Co-Chair of the 1993-94 
National Governors Association Education Leadership Team; Chair of N.C. State 
Emerging Issues Forum; Chairman of the Triangle East; ; Member of Wake Forest 
University Board of Trustees and Barton College Board of Trustees; Member of N.C. 
Central University School of Arts and Sciences Advisory Board; Chairman oi the 
Phase 11 Tobacco Trust Fund; Co-Chair of the N.C. State Advisory Council on Juvenile 
Justice and Delinquency Prevention; Member of the Southern Regional Education 
Board (SREB); Member of the Southern Growth Policies Board; Member of the Arts 
Societ Incorporated; Member of the N.C. Symphony Society, Inc., Board of Trustees. 

Honors and Awards 

Distinguished Service Award, National Association of Secondary School Principals 
(NASSP), 2000; NAACP Humanitarian Award, 2000; Citation for Distinguished Public 
Service Award, NCCBl, 2000; Children's Defense Fund Award, 2000; Leadership in 
Science, Technology and Education Award, N.C. Association of Biomedical Research 
(NCABR), 2000; Bell Award (NGA) for outstanding progress made in education, 
1999; Breaking the Glass Ceiling Award; Women Executives in State Government 



199 



NORTH CAROLINA MANUAL 1999-2000 

Award; HdPrcss Award, \999: McGraw Hill, 1999; Child Heakh Advocate Award, 
American Academy of Pediatrics, 1994; James B. Conant Award, lor service as the 
public leader in America contributing most signilicantly to progress in public 
education, I9(S4; National 4-H Outstanding Alumnus Award, 1984; Conservation 
Achievement Award, presented to the outstanding government leader in U.S. by the 
National Wildlife Federation, 1983; National Religious Heritage Award for national 
volunteer leadership, 1983; Honor Award from the Soil Conservation Society ot 
America, 1986. 

Legislative Initiatives 

Since beginning his third term m January, 1993, Go\'. Hunt has kept North Carolina 
on course in educating and caring for our children, cleaning up the environment, 
creating good jobs, reducing crime and helping families succeed. His policy initiatives 
have included: 

Good Start & Good Education 

North Carolina has led the nation m education progress. In addition, the state is 
a national leader m the area of early childhood education. Under Gov Hunts 
leadership. North Carolina has expanded the Smart Start program to all 100 
counties; launched N.C. Cares to help provide health insurance and salary 
supplements to child care workers who improve their education and stay m the 
held; reduced the rate of school violence and the reported number ot tire arms 
on school property; climbed from 43rd m the nation to 29th in teacher salaries - 
more progress than any other state; made signihcant gams m tourth-grade reading 
skills from 1992-98, according to the National Assessment of Educational Progress 
(NAEP) and been named one of hve states making the most improvement in 
public schools during the 1990s. 

Clean Environment 

Gov. Hunt is committed to putting in place - and enforcing - the programs that 
are essential to restoring and protecting the natural heritage of the state and the 
health of its citizens. He has introduced a plan to better prevent pollution from 
hog lagoons and to expand the moratorium on new lagoons until July 1, 2001; 
secured $5.7 million for a \'oluntary program to buy out hog tarms in flood 
plains; increased hues for water polluters by 500% since 1997; leveraged $224 
million in federal funds to create 100,000 acres of protective bufters of vegetation 
along the Neuse, Tar-Pamlico and Chowan rivers and their tributaries; pushed 
for the Clean Air Act of 1999, which will reduce pollution through the use ot 
low-sulfer gasoline, alternative fuel vehicles and tougher inspections ot cars; 
proposed rules that will help cut emissions of ozone-causing pollutants from 
power plants; dedicated a 7,000-acre park in the western part of the state and an 
18,000-acre nature preserve along the coast. In addition. Gov Hunt has proposed 
a plan to conserve one million acres of open space and farmland over the next 
ten years. 



200 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Safe Communities 

North Carolina is a safer place to raise a family thanks to Gov. Hunts strong steps 
to reduce crime and protect citizens through a balanced approach of punishment 
and prevention. The violent crime rate in North Carolina has dropped more than 
10% since 1994. Tough new juvenile sentencing laws went into effect on July 1, 
1999. The state is more than halfway to its goal of matching 40,000 children 
with mentors - more than 21,000 so far. More than 21,000 inmates are working 
or training to work - a 50% increase since 1993. Prisoners working at Correction 
Enterprises returned more than $1.5 million to the state and more than $450,000 
to the Crime Victims Compensation Fund in 1999. In 1999 more than 89,000 
victims of domestic violence, family members and friends received counseling 
and support services. 

Financial Secuiity 

Gov. Hunt has been committed to keeping North Carolina's economy strong - 
remaining aggressive about attracting high-paying, high-quality jobs to all areas 
of the state. The number of jobs increased by more than 35,000 in 1999. Businesses 
invested $5.2 billion in the state, including $750 million by foreign companies. 
Statewide unemployment remains low at just over 3%. Gov. Hunt introduced 
the Next Steps initiative and the Widely-Shared Prosperity Act to increase training 
opportunities for low-wage workers, people at risk from layoffs and the 
unemployed. The programs provide incentives to businesses to invest in inner 
cities, provide health insurance and meet federal worker safety regulations. In 
addition, Gov. Hunt formed the N.C. Rural Prosperity Task Force which looks at 
ways to bring economic prosperity to the parts of our state that are getting left 
behind - places where, m many cases, poverty is persistent, young people are 
lea\'ing, plants are closing, farms are struggling and hopes are fading. 

Better Health Care for Children and Families 

The percentage of children lacking health insurance has declined almost 9% 
since the N.C. Health Choice for Children started in 1998. More than 53,000 
children have enrolled so far. Gov Hunt introduced the Long-Term Care Safety 
initiative to bring tougher requirements for staff and facilities at adult care facilities 
and more frequent monitoring. 

Agriculture 

In response to the plight of North Carolina's tobacco farmers. Gov. Hunt convinced 
tobacco companies to create a trust fund to distribute $1.9 billion over the next 
twelve years to tobacco growers and quota holders in North Carolina. The non- 
proht organization will help communities whose local economies are tobacco- 
dependent by using 50% of North Carolina's share of the tobacco settlement, 
more than $28 million this year. 



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NORTH CAROLINA MANUAL 1999-2000 

Government That Works for People and Business 

In making stale govcrnmtMTl work belter, Gov. Hunt found $150 million in savings 
and elliciencies in order to increase funding tor high-priority issues like children's 
well-being, education and public salety. 

Personal and Parental Responsibility 

Gov. Hunt continues to j^roN'ide options for families and children who need 
support. Since Work First began, the number of families receiving wellare in 
North Carolina has dropped nearly 57%. More than 75,000 families have left 
welfare for work and have not returned. Gov. Hunt has increased efforts to help 
low-income and Work First families leave or avoid welfare by boosting subsidies 
for child care, increasingjob training programs, building more affordable housing 
and helping with transportation. Under his leadership, child support collections 
have increased 38% since 1996, from $280 million to $386 million. Gov. Hunt 
launched the N.C. Helping Dads initiative to teach parenting skills to incarcerated 
fathers and to connect non-custodial fathers with employment opportunities. 
The pregnancy rate for girls ages 10-19 has declined more than 13% since 1993. 
The number of children adopted m North Carolina continues to rise, with more 
than 880 being adopted in 1999. North Carolina children are now spending less 
time m foster care, down 17% since 1994. In addition. Gov. Hunt launched the 
Safe Kids initiative to boost child abuse prevention efforts and help more children 
live m safe and permanent homes. 

Race/Ethnic Relations and Equal Opportunity 

Gox. Hunt believes that all North Carolinians deserve a high C[uality ot life and an 
opportunity to prosper. As a result, he launched the North Carolina Initiative on 
Race and hosted the Governors Conference on Racial Reconciliation, the lirst- 
ever statewide summit. He also hosted the Business/Education Race Summit, 
bringing together 300 of the states top business and education leaders; supported 
anti-discrimination efforts; and awarded state contracts totaling $273.4 million 
to historically-underutilized businesses, more than 7% ot the states total contracts. 
Since 1993, more than $1.1 billion m state contracts have been awarded to HUB 
vendors. 

Personal Information 

Married, Carolyn Leonard of Mingo, Iowa, Aug. 20, 1958. Three children. Eight 
grandchildren. Member, First Presbyterian Church of Wilson. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Governors of North Carolina 

Governors of "Virginia"' 

Name Term 

Ralph Lane' 1585-1586 

John White^ , 1587 



Proprietary Chief Executives 




Name 


Term 


(Samuel Stephens)^ 


1622-1664 


William Drummond"* 


1665-1667 


Samuel Stephens^ 


1667-1670 


Peter Carteret^ 


1670-1671 


Peter Carteret^ 


1671-1672 


John Jenkins^ 


1672-1675 


Thomas Eastchurch*^ 


1675-1676 


Speaker-Assembly '^^ 


1676 


John Jenkins" 


1676-1677 


Thomas Eastchurch'^ 


1677 


Thomas Miller'^ 


1677 


Rebel Council]'"' 


1677-1679 


Seth SothelP^ 


1678 


John Harvey'^ 


1679 


John Jenkins'^ 


1679-1681 


Henry Wilkinson"^ 


1682 


Seth SothelP^ 


1682-1689 


John Archdale^° 


1683-1686 


John Gibbs^' 


1689-1690 


Phillip LudwelP^ 


1690-1691 


Thomas Jarvis^^ 


1690-1694 


Phillip LudwelP^ 


1693-1695 


Thomas Harvey^^ 


1694-1699 


John Archdale^^ 


1695 


John Archdale'' 


1697 


Henderson Walker^*^ 


1699-1703 


Robert DanieF'^ 


1703-1705 


Thomas Cary^*^ 


1705-1706 


William Glover^' 


1706-1707 


Thomas Cary^^ 


1707 


William Glover^^ 


1707-1708 


Thomas Cary^'^ 


1709-1710 



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NORTH CAROLINA MANUAL 1999-2000 

Proprietary Chief Executives (continued) 

Name Term 

Edward Hyde^'^ 1711-1712 

Edward Hyde'' 1712 

Thomas Pollock''^ 1712-1714 

Charles Eden ^^' 1714-1722 

Thomas Pollock-*'^ 1722 

William Reed-^' 1722-1724 

Edward Moseley"*' 1724 

George Burrington"^^ 1724-1725 

Sir Richard Everard^^ 1725-1731 

Royal Chief Executi\es^^ 

Name Term 

George Burrmgton"^" 1731-1734 

Nathamel Rice^' 1734 

Gabriel Johnston^' 1734-1752 

Nadiamel Rice^' 1752-1753 

Mauhew Rowan'^^ 1753-1754 

Arthur Dobbs'i 1754-1765 

James Haseir- 1763 

William Tryon'^ 1765 

William Tryon'^ 1765-1771 

James HaselP' 1771 

Josiah Martm^'^ 1771-1775 

James HaselP" 1774 

Elected hy the General Assembly^ 

Name Resulenee Term 

Richard CaswelP" Dobbs 1776-1777 

Richard Caswell Dobbs 1777-1778 

Richard Caswell Dobbs 1778-1779 

Richard Caswell Dobbs 1779-1780 

Abner Nash*^'' Craven 1780-1781 

Thomas Burke'^' Orange 1781-1782 

Alexander Martin"^- 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 

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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH 



CHAPTER FOUR 



Elected by the General 

Name 

Samuel Johnston 
Samuel Johnston^^ 
Alexander Martin''"^ 
Alexander Martin 
Alexander Martin 
Richard Dobbs Spaight 
Richard Dobbs Spaight 
Richard Dobbs Spaight 
Samuel Ashe 
Samuel Ashe 
Samuel Ashe 
William R. Davie'^^^ 
Benjamin Williams 
Benjamin Williams 
Benjamin Williams 
John Baptiste Ashe^^ 
James Turner''^ 
James Turner 
James Turner^^ 
Nathaniel Alexander 
Nathaniel Alexander 
Benjamin Williams 
David Stone 
David Stone 
Benjamin Smith 
William Hawkins 
William Hawkins 
William Hawkins 
William Miller 
William Miller 
William Miller 
John Branch 
John Branch 
John Branch 
Jesse Franklin 
Gabriel Holmes 
Gabriel Holmes 
Gabriel Holmes 
Hutchings G. Burton 



Assemhly^^ (continued) 

Residence 

Chowan 

Chowan 

Guilford 

Guilford 

Guilford 

Craven 

Craven 

Craven 

New Hanover 

New Hanover 

New Hanover 

Halifax 

Moore 

Moore 

Moore 

Halifax 

Warren 

Warren 

Warren 

Mecklenburg 

Mecklenburg 

Moore 

Bertie 

Bertie 

Brunswick 

Warren 

Warren 

Warren 

Warren 

Warren 

Warren 

Halifax 

Halifax 

Halifax 

Surry 

Sampson 

Sampson 

Sampson 

Halifax 



Term 

1788-1789 

1789 

1789-1790 

1790-1792 

1792 

1792-1793 

1793-1795 

1795 

1795-1796 

1796-1797 

1797-1798 

1798-1799 

1799-1800 

1800-1801 

1801-1802 

1802 

1802-1803 

1803-1804 

1804-1805 

1805-1806 

1806-1807 

1807-1808 

1808-1809 

1809-1810 

1810-1811 

1811-1812 

812-1813 

1813-1814 

1814-1815 

1815-1816 

1816-1817 

1817-1818 

1818-1819 

1819-1820 

1820-1821 

1821-1822 

1822-1823 

1823-1824 

1824-1825 



205 



NORTH CAROLINA MANUAL 1999-2000 



Elected by the General Assembly^^ (continued) 



Name 


Residence 


Term 


Hiuchings G. Burton 


Halifax 


1825-1826 


Huichings G. Burton 


Halifax 


1826-1827 


James Iredell Jr.'" 


Chowan 


1827-1828 


John Owen 


Bladen 


1828-1829 


ohn Owen 


Bladen 


1829-1830 


Montford Stokes^^^ 


Wilkes 


1830-1831 


Montford Stokes 


Wilkes 


1831-1832 


David L. Swam 


Buncombe 


1832-1833 


David L. Swam 


Buncombe 


1833-1834 


David L. Swain 


Buncombe 


1834-1835 


Richard D. Spaight, Jr. 


Craven 


1835-1836 


Popular Election: Two-Year Tentis^^ 




Name 


Residence 


Term 


Edward B. Dudley 


New Hanover 


1836-1838 


Edward B. Dudley 


New Hanover 


1838-1841 


John M. Morehead 


Guilford 


1841-1842 


John M. Morehead 


Guilford 


1842-1845 


William A. Graham 


Orange 


1845-1847 


William A. Graham 


Orange 


1847-1849 


Charles Manly 


Wake 


1849-1851 


David S. Reid"- 


Rockingham 


1851-1852 


David S. Reid^' 


Rockingham 


1852-1854 


Warren Winslow^'^ 


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''^ 


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 



206 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



Popular Election: Four- 
Name 

William W Holden^^ 
Tod R. CaldwelF^' 
Tod R. CaldwelF' 
Curtis H. Brogden 
Zebulon B. Vance^^ 
Thomas J. Jarvls^^ 
Thomas J. Jarvis 
James L. Robinson^"^ 
Alfred M. Scales 
Daniel G. Fowle*^^ 
Thomas M. Holt 
Elias Carr 
Daniel L. Russell 
Charles B. Aycock 
Robert B. Glenn 
William W Kitchin 
Locke Craig 
Thomas W Bickett 
Cameron Morrison 
Angus W McLean 
Oliver Max Gardner 
John C. B. Ehringhaus 
Clyde R. Hoey 
John Melville Broughton 
Robert Gregg Cherry 
William Kerr Scott 
William B. Umstead^^ 
Luther H. Hodges 
Luther H. Hodges 
Terry Sanford 
Daniel K. Moore 
Robert W Scott 
James E. Holshouser, Jr."^ 
lames B. Hunt, Jr. 
James B. Hunt, Jr.^^ 
James G. Martin*^'^ 
James G. Martin 
James B. Hunt, Jr.*^^^ 



Year Terms^^ 

Residence 

Wake 

Burke 

Burke 

Wayne 

Buncombe 

Pitt 

Pitt 

Macon 

Rockingham 

Wake 

Alamance 

Edgecombe 

Brunswick 

Wayne 

Forsyth 

Person 

Buncombe 

Franklin 

Mecklenburg 

Robeson 

Cleveland 

Pasquotank 

Cleveland 

Wake 

Gaston 

Alamance 

Durham 

Rockingham 

Rockingham 

Cumberland 

Jackson 

Alamance 

Watauga 

Wilson 

Wilson 

Iredell 

Iredell 

Wilson 



Term 

1868-1870 

1870-1873 

1873-1874 

1874-1877 

1877-1879 

1879-1881 

1881-1885 

1883 

1885-1889 

1889-1891 

1891-1893 

1893-1897 

1897-1901 

1901-1905 

1905-1909 

1909-1913 

1913-1917 

1917-1921 

1921-1925 

1925-1929 

1929-1933 

1933-1937 

1937-1941 

1941-1945 

1945-1949 

1949-1953 

1953-1954 

1954-1957 

1957-1961 

1961-1965 

1965-1969 

1969-1973 

1973-1977 

1977-1981 

1981-1985 

1985-1989 

1989-1993 

1993-Present 



207 



NORTH CAROLINA MANUAL 1999-2000 

Governors of "Virginia" 

' Lane was appointed b)' Sir Waller Raleigh and left PlymoLUh, England on April 9, 
1585. His expedition reached the New World in July. A colony, however, was not 
established until August. 

~ White was appointed by Sir Waller 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 m England because of war with 
Spain, White did not return to North Carolina until 1590. Leaving England on 
March 20, he arrived m 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 

-' Stephens was appointed "commander of the southern plantations" by the council 
m 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 governor for Carolina 
when Berkeley was instructed to do so by the Lords Proprietor and explains why 
Dmmmond was not appointed until 1664. 

^ Drummond was appointed by William Berkeley, Governor of Virginia, at the request 
of Berkeley's fellow Lords Proprietor in England. Lie began serving prior to the 
delivery of his commission by Peter Carteret in Eebruary, 1665. Since other 
commissions issued to Carteret bear the date December, 3, 1664, 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. fie supposedly moved to Virginia sometime during 1667. 

^ The Lords Proprietor appointed Stephens to replace Drummond. Stephens began 
serving prior to the delivery of his commission in April, 1668. Lie died while still 
in office sometime before March 7, 1670. 

" Carteret had been commissioned lieutenant governor by the Lords Proprietor on 
December 3, 1664, and was chosen president by the North Carolina Council upon 
the death ot Stephens, fie was later appointed governor by the Lords Proprietor. 
He left the colony for England sometime after May 10, 1672. 

" See footnote 6. 



208 



10 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Carteret commissioned Jenkins to act as deputy governor when he left the colony. 
Carterets legal authority to make this appointment rested in commissions issued 
by the Lords Proprietor in October, 1670, but expired "at the end of four years" 
according to provisions in the Fundamental Constitutions. Carteret had not returned 
to the colony when his commission to Jenkins officially expired. Jenkins, however, 
continued to serve. When the General Assembly met following elections in 
September, 1675, opposition had formed against Jenkins and he was imprisoned 
on charges of "several misdemeanors". 

Eastchurch was elected speaker of the assembly and assumed the role of 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 m 
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, 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 10. 

The Lords Proprietor commissioned Eastchurch as governor. Upon his return to 
the colony, he stopped at Nevis in the West Indies and sought the attention of a 
wealthy lady Deciding to remain in Nevis for a while, he appointed Thomas Miller 
deputy governor until his return. Eastchurch never returned to North Carolina, 
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. Millers 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 dcjure executive of the 
colony, acted as a dc facto government and evidence exists thai 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. 

209 



13 



16 



NORTH CAROLINA MANUAL 1999-2000 

''^ Jenkins was elected president of the council following the death of Harvey and 
died on December 17, 1681, while still in ollice. 

'" Wilkinson was a]Tpointed b\' the Lords Proprietor but never left England — "he 
was arrested and imprisoned in London while preparing to sail". 

'" Sothell, following his purchase ol the "Earl of Clarendons share of Carolina", became 
governor under a pro\'ision of the Fundamental Constitution which "provided 
that the eldest proprietor that shall be m Carolina shall be Governor " The date of 
Sothells assumption of governorship is not known. Extant records tell nothing 
about the government of Albemarle in the year following Jenkins' death. It is possible 
that Sothell reached the colony and took ofhce 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 Smithwicks house in Chowan Precinct. Sothell 
soon ran into trouble with the people of Albemarle and at the meeting of the 
assembly m 1689, thirteen charges of misconduct and irregularities were brought 
against him. He was banished trom the colony for 12 months and was prohibited 
trom ever again holding public ottice in Albemarle. On December 5, 1689, the 
Lords Proprietor 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 manv occasions as acting governor. 

'' The Fundamental Constitutions provided that the eldest proprietor living in the 
colony would be governor and that il there were none, then the eldest cacique was 
to act. "Gibbs, a relative ot the Duke of Albemarle, had been made a cacique of 
Carolina m October, 1 682, and had been granted a manor in the southern Carolina 
colon\' 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 goxernorship 
seems to have been recognized in the colon)' tor a time; an assembly appears to 
have been held while he was governor.' It is probable that Albemarle inhabitants 
recognized his claim until word arrived ol Ludwell's appointment, which was made 
in December, 1689." Even after Ludwell arri\'ed in Albemarle Gibbs continued to 
claim his right to the office. In July, 1690, both were advised by the Virginia go\'ernor 
to carry their dispute to the Proprietor in England, which was apparently done. 
On November 8, 1691, the Proprietor issued a ]Troclamation to the inhabitants of 
Albemarle reaffirming Sothel's suspension and repudiating the claim ot Gibbs. They 
also suspended the Fundamental Constitutions, which stripped Gibbs ol any turther 
legal basis for his actions. (The actions o\ the Proprietors on November 8, 1691, 
did in fact suspend the Fundamental Constitutions even though tormal 
announcement of their suspension was not made until May 1 1, 1693.) 

210 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^^ The Lords Proprietor commissioned Ludwell as governor on December 5, 1689, 
following the suspension of Sothcll. 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 m Virginia and England. He 
was ofhcially appointed deputy governor upon Ludwell's acceptance 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 knovvn. In October, 

1694, It is apparent that the Lords Proprietor did not know of his position 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 throughout 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 m 
Virginia en route to Charleston on June 11,12 and 13, 1695, and was in Charleston 
by August 17, 1695, the date on which he took the oath of office at Charleston. 

^' Archdale's authority to act as governor rested with his previous commission, which 
was still valid. The problem of gubernatorial succession at this time is due to the 
death of Lord Craven and 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, 1703. Conflicts 
with minority religious groups, primarily the Quakers, led to his suspension in 
March, 1705. 

^° Gary 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 Gary was related by marriage to John 
Archdale, the Quaker proprietor. This initial feeling of goodwill toward Gary soon 
changed. When he arrived in North Carolina, Gary found Anglicans in most places 
of power and, therefore, cast his lot with ihem. Although the law requiring oaths 

211 



NORTH CAROLINA MANUAL 1999-2000 

ol allegiance was sUll on ihe siaiuie books, dissenters had assumed that Gary would 
not enforce il. When the General Gouri met on March 27, however, Gary did just 
that, the oath act being publicly read and put into execution. At the General 
Assembly meeting m November, 1705, Quaker members were again recjuired to 
take oaths. They refused and were subsec|uently excluded from the legislature. 
Gary and his Anglican allies then passed a law voiding the election of anyone 
lound gtiilt)' ol promoting his own candidacy This loosely-defined bill gave the 
ma]orit)' iaclion in the lower house the power to exclude any undesirable member 
and was designed to be used against troublesome non-Quakers. 

Gar)'s actions spurred dissenter leaders and some disgruntled Anglicans to send a 
representative to England to plead for relief. In October, 1706, their chosen 
spokesman, John Porter, left Albemarle for London. Surviving records make it 
clear that Porter was not a Quaker and, m 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 Gourt, he had taken them m March, 1705. In England, 
Porter received the support ol John Archdale, who persuaded the Lords Proprietor 
to issue orders to Porter suspending Sir Nathaniel Johnsons authority over North 
Garolina, removing Gary as deputy governor, naming hve new councilors and 
authorizing the council to elect a chief executive. 

Returning to Albemarle in October, 1707, Porter found William Glo\'er and the 
council presiding over the government because Gary had left for a visit to South 
Garolina. This arrangement appeared satisfactor\' to Porter, who called the new 
lords deputies together and nominated Glover as president of the council. Glover 
was elected, but the \'Ole was illegal since Porters instructions rec[uired that Gary 
and the lormer councillors be present for the voting. Porter knew exactly what he 
was doing, however, and later used the illegality ol the election to lorce Glover out 
of office. 

On November 3, 1707, Glover convened the general assembly at John Hecklfields 
house at Little River. Joining him in the upper house as lords deputies were Porter, 
Foster, Newby, Hawkins and Thomas Gary, recently returned from South Garolina. 
After requesting that the lower house send its list ol members to him, the president 
proposed dissolution o( the assembly without further business. Gary objected, but 
the following day Glo\'er and the rest ol the council dissoh-ed the General Assembly. 
Although he had been rec[uired to con\'ene the assembly in compliance with the 
biennial act which specitied that a legislative session be held every two years, 
Glover apparentl)' did not want Gary to use the gathering as a forum. 

At some point between the close of the assembly in November, 1707, and the 
summer of 1708, Glover turned on the dissenters. Apparently, he decided to revive 
the oath of office and force the Quaker councillors to lake it. Seeing the turn of 
events, Gary moved to join Porter and the dissenters m the hope of regaining the 
chief executives ofhce. After receiving assurances ol toleration from Gary, Porter 

212 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 Glovers 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. Gary and Glover each issued 
separate writs of election to every precinct which then proceeded to elect two sets 
of burgesses - one pledged to Gary and one to Glover. Gary men predominated in 
Bath Gounty and Pasquotank and Perquimans precincts. Glover men controlled 
Gurrituck precinct, and Ghowan was almost evenly divided. In the critical 
maneuvering for control of the assembly which met October 1 1 , 1708, Gary forces 
scored an early, ultimately decisive victory. Edward Moseley an Anghcan vestryman, 
was chosen speaker of the house. Despite his religious affiliation, he was a Gary 
supporter. Through Moseley's careful management, Gary delegates were seated 
from every precinct except Gurrituck. When news of the Gary victory in the lower 
house reached Glover, he departed for Virginia. There is evidence that Glover 
continued to act in the capacity of president of a council during 1709 and 1710. 
Land grant records indicate several grants throughout each year bear his name and 
the names of his councillors. The general assembly nullified the test oaths and the 
council officially elected Gary president. 

The Lords Proprietor were slow to intervene to stop the political turmoil in North 
Garolina. In December, 1708, they appointed Edward Tynte to be governor of 
Garolina and instructed him to make Edward Hyde deputy governor of North 
Garolina. Arriving in the colony early m 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 legislation 
against dissenters and the arrest of Gary and Porter. From his home in Bath, Gary 
rallied his supporters to resist and the armed conflict known as the Gary Rebellion 
began. 

^' See footnote 30. 

^^ See footnote 30. 

^^ See footnote 30. 

^■* See footnote 30. 

^^ See footnote 30. 

^^ Edward Hyde served first as president of the council and later as governor by 
commission from the Lords Proprietor. When Gary challenged his authority, armed 
conflict erupted between the two. Gary's Rebellion ended with the arrest of Gary 



213 



NORTH CAROLINA MANUAL 1999-2000 

He was later released loi" laek oi evidenee. Hyde eoniinued as governeir until his 
death on September 8, 1712. 

^' See footnote 36. 

^" Polloek, as president of the eoiineil, beeame governor following the death of Hyde 
and serx'ed in that capacity until the arrival of Charles Eden. 

''" The Lords Proprietor commissioned Eden and he served until his death on March 
22, 1722. 

"^^^ Pollock, as president oi the council, became chief executive after Edens 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 Carolma. 

"*^ Burlington was commissioned governor of North Carolina by the Lords Proprietor 
and served until he was removed from office. Why he was remo\'ed is not ofhcially 
known. 

"*"* The Lords Proprietor 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 ol transition when North 
Carolina became a royal colony. 

Royal Chief Executives 

In 1729, the Lords Proprietor gave up ownership of North Carolina and with it the 
right to appoint goxernors and other officials. 

Burrington was the first governor commissioned by the crown, and the only man 
to be appointed by both the Lords Proprietor and the crown. He cfualified before 
the council in 1731. His political enemies succeeded in securing his removal from 
office m 1734. 

Rice served as chiel executive while Burrington was out ol the colony 

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

"''' Rice, as president of the council, became chief executive following the death of 
Johnston. 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 arri\'al of Dobbs. 



45 



4n 



47 
48 



214 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^^ Dobbs was commissioned by the crown and arrived in North Carolina in late 
October, 1754. He qualified before the chief justice and three members of the 
council who had met him in Bath. He continued serving until his death in March, 
1765. 

^^ 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 governor 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, 
1775. Others accept July 4, 1776. Martin considered himself to be governor 
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. 

Goxemors Elected by the General Assembly 

The Constitution of 1776 provided that the General Assembly "elect a governor 
for one year, who shall not be eligible to that office longer than three years, in six 
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 in the 
North Carolina state archives, however, provided the necessary information. Nash 
requested that his name be withdrawn from nomination in 1781. 

On September 12, 1781, Burke and several other state officials and continental 
officers were captured by the British. Burke was sent to Sullivan's Island near 
Charleston, South Carolina, and later transferred to James Island. After several 
attempts, he was able to obtain a parole to return to North Carolina in late January, 
1782. General Alexander Leslie, who issued the parole, later changed his mind 
and wrote General Nathaniel Greene requesting the immediate return of Burke. 
Feeling that it was more important for him to remain in North Carolina, Burke 
refused to comply with the request despite urging from several men of importance 



215 



58 



59 



60 



61 



NORTH CAROLINA MANUAL 1999-2000 

who questioned ihe legality, as well as the prudence, of his actions. Subsecjuent 
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 lollowing year. 

"- Martin, as Speaker of the Senate, was qualiiied as acting governor upon receiving 
news of Burkes capture. He serx-ed in this capacity until Burke returned to North 
Carolina in late January, 1782. 

^^ On November 26, 1789 Johnston was elected United States Senator after having 
already qualihed as governor. A new election was held on December 5, and 
Alexander Martin was elected to replace him. 

*"■* See footnote 63. 

*"' Da\ne 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 qualiiy 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 Montiord 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. 

"'^ Stokes was appointed by President Jackson m 1832 as "chairman ol the Federal 
Indian Commission to supervise the settlement of southern Indians west of the 
Mississippi." 

Popularly-Elected Goxemors: Two-Year Term 

' ' The Constitutional Convention of 1835 approved an amendment to the constitution 
providing lor the popular election ot governor. The terms of office lor governor 
was lengthened to two years. He could only serve two terms m a six- year period. 

'- Manly was deleated lor re-election by Reid m 1850. 

^^ On November 24, 1854, the General Assembly elected Reid to complete the 
unexpired term of Willie P Mangum m the United States Senate. 

'■^ Winslow, as Speaker oi the House, qualified as governor lollowing the resignation 
of Reid. 

'5 Ellis died on July 7, 1861. 

'"^ Clark, as Speaker ol the Senate, became governor lollowing the death of Ellis. 

'' Major General Daniel E. Sickles, commander of the Second Military District, 
appointed Holden as provisional governor on May 9, 1865. Worth defeated him 
in the popular election of 1865. 

216 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

™ 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-election for the 
following term. 

Popularly-Elected Governors: Four-Year Term 

^^ 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 bemg won by conservative candidates. On December 9, 1870, a resolution 
of impeachment against Holden was introduced in the House of Representatives 
by Frederick N. Strudwick of Orange. In all, eight charges were brought against 
Governor Holden. The trial lasted from February 21, 1871, to March 23, 1871, 
and Holden was found guilty on six of the eight charges. He was immediately 
removed from office. 

^•-^ Caldwell became governor following the removal of Holden from office and was 
elected governor in the general elections of 1872. He died in office July 11, 1874. 

^^ 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, 1879. 

^^ Jarvis became governor following the resignation of Vance, and was elected governor 
in the general elections of 1880. 

^'^ 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. 

«5 Fowle 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. 



217 



NORTH CAROLINA MANUAL 1999-2000 

Office of the Lieutenant Governor 

The origin of this oftice goes back to 16th century England when the English 
Crown established the office of the Lord Lieutenant, a county official who represented 
the king m the management ot local atfairs. 

Although several early American colonial charters referred to a "deputy governor," 
the phrase "Lieutenant Governor" was used lor the Hrst time in the Massachusetts 
Charter of 1691. That charter also made it clear that the Lieutenant Governor would 
become go\'ernor in the event of a vacancy The Office of the Lieutenant Governor in 
colonial tinies 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 ma)' have had its roots in the colonial practice of making the lieutenant 
governor the chief member of the governors council. 

The North Carolina Constitution of 1776 made no provision for a lieutenant 
governor. The constitutional conx-ention of 1868 chose to create an elective Office ot 
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 m session or 
m the absence of the governor. His primary responsibilit)' 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 mav be elected to one additional, consecutive four-vear 
term. 

Unlike any other state official, the lieutenant governor straddles the executive 
and legislative branches. The ofhce 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 ot the Senate, and, as chief presiding officer, 
directs the debate of bifls 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 tormulates policy to promote small business growth and economic development 
across the state. The lieutenant goxernor chairs the State Health Plan Purchasing 
Alliance Board, which is helping provide more affordable health care coverage for 
North Carolina's working families. He or she chairs the North Carolina Local 



218 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH 



CHAPTER FOUR 



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 lieutenant 
governor in carrying out his duties. Much of the work of the staff involves responding 
to citizen inquiries and problems, developing policy initiatives and working with 
other state agencies. 

Boards and Commissions 

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, call (919) 
733-7350 or visit the offices Web site at www.ltgov.state.nc.us . 



Dennis Alvin Wicker 

Lieutenant Governor 

Early Years 

Born in Sanford, Lee County, June 14, 1952, to J. 
Shelton and Clarice Burns Wicker. 

Educational Background 

Lee County Public Schools; UNC-Chapel Hill, 
1974, B.A. m Economics; Wake Forest University 
Law School, 1978. 

Professional Background 

Attorney (firm of Love and Wicker, PA., 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. 




219 



NORTH CAROLINA MANUAL 1999-2000 

Boards and Commissions 

N.C. Board ol Education; Chair, N.C. Board o{ Communily Colleges; Chair, Small 
Business Council; Chair, Slate Health Plan Purchasing Alliance Board; Chair, North 
Carolina Local Government Partnership Council; Chair, North Carolina Information 
Resource Management Commission. 

Personal Information 

Married, Alisa O'Quinn of Mamers, N.C, November 6, 1982. Three children. Member, 
St. Lukes Methodist Church. 

Lieutenant Governors^ 



Name 


Residence 


Term 


Tod R. Caldwell- 


Burke 


1868-1870 


Curiis 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. Ballentme 


Wake 


1945-1949 


Hoyt Patrick Taylor 


Anson 


1949-1953 


Luther H. Hodges^ 


Rockingham 


1953-1954 


Luther E. Barnhardt 


Cabarrus 


1957-1901 


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, HI 


Montgomery 


1985-1989 


James C. Gardner "^^ 


Nash 


1989-1993 


Dennis A. Wicker 


Lee 


1993-Present 



220 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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

^ Caldwell became governor following Holdens impeachment in 1870. 

^ Brogden became governor following Caldwell's death. 

■^ Jarvis became governor following Vance s resignation. 

^ Robinson resigned from office on October 13, 1884. 

^ Holt became governor following Fowles death. 

^ Hodges became governor following Umsteads 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. 



221 



NORTH CAROLINA MANUAL 1999-2000 

Department of the Secretary of State 

The Deparimcnt ol ihc Sccrclary o^ Stale is the second-oldest government office 
in North Carolina. Shortly after the Lords Proprietor 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 Irom the Lords Proprietor 
in 1728. The Ofhce ol Secretary ot State even survived the turmoil ol 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 tor a term of one year. The Convention of 1 835, m addition to changing 
the meeting schedule of the General Assembly Irom annually to biennially, also 
provided lor the election oi the Secretary ot State by the General Assembly every tvv-o 
years. Beginning in 1868, the Secretary of State was elected by the people of North 
Carolina. 

For decades afterwards, individuals elected to the ottice were usually re-elected 
on a regular basis. Only seven men held the office during its hrst 92 years and only 
21 individuals have held the ottice since its creation m 1776. William Hitl, who 
served as Secretary of State from 181 1 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 Irom Hertford County was elected Secretary of State. Nearly 
five decades later, on December 22, 1982, Thad Eure broke Hills record, in the 
process becoming one of the longest-serving elected officials ever m North Carolina 
history Eure, the self-styled "oldest rat m the Democratic barn," retired from office m 
1989 after more than 52 years. 

Rutus Edmisten, a iormer North Carolina Attorney General and aide to the U.S. 
Senates Watergate investigation committee m the 1970s, succeeded Eure in 1989. 
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 
Carolinas first female elected Secretary ot State m 1996, beating Iormer stock car 
racer Richard Petty The win at the polls also earned Marshall a place in state history 
as the first woman ever elected to the Council of State. As Secretary of State, Marshall 
holds the highest elective ottice in the state governments executive branch ever won 
by a woman in North Carolina. 



222 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 ratihed 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 public 
ofhcial of whom an oath is required. The secretary is frequently called upon to 
administer oaths to ofhcers of the Highway Patrol, judges and other elected officials. 
In an effort to provide leadership in an important, newly-emerging technology that 
will have wide-ranging impacts on North Carolina's business community, 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 agency is also a leader in developing electronic commerce throughout the state. 
The department's business-related sub-branches include: 

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



223 



NORTH CAROLINA MANUAL 1999-2000 

Corporations Division 

This di\'ision regulates the formation, activities and dissolution of every 
corporation, limited liability company and limited 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 du'ision records corporate information required by law as a public record, 
prevents duplication of corporate names and furnishes corporate information to the 
public. The division is responsible for maintaining records on approximately 226,775 
current corporations, limited partnerships, limited liability partnerships and limited 
liability companies. The Information Sendees Group handles more than 1 ,500 inquines 
daily regarding corporate records. The Corporations DiMsion 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 instruments 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 ol 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 investigative powers. 

The Securities Division addresses investor complaints concerning securities 
brokers and dealers, investment advisors or commodity dealers. The division is also 
an information source for investors inquiring about offerings of particular securities 
or commodities. Although the division cannot represent an investor m a claim tor 
monetary damages, the staff can in\'estigate alleged violations and suspend or revoke 
a brokers license. The division also has the statutory authoritx' 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 district attorney lor criminal 
prosecution. Conviction of willfully violating the state security law^s carries the penalty 
of a Class 1 felony Investors with concerns about or complaints against specific brokers 
can call the di\'ision 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 administrator for North 
Carolina, is a member of the North American Securities Administrators Association 
(NASAA). Through this organization the divisions 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. 



224 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Trademarks Section 

This section issues trademarks and service marks for businesses in North CaroUna 
and enforces the states trademark laws against counterfeiters. 

Uniform Commercial Code Division 

This division serves as the repository 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 division maintains a notice filing system 
similar to those used by nearly every state in the Union. The UCC Divisions 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 creditors 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: 

Authentications Section 

The Authentications Section helps North Carolina residents and businesses 
navigate the requirements of the Hague Convention. The convention governs 
international protocol for establishing 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 
thousands 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 transactions overseas also rely on the section's 
services. 

Solicitation Licensing Section 

The Solicitation Licensing Section maintains records of charitable organizations 
that raise money within the geographical boundaries of North Carolina. 



225 



NORTH CAROLINA MANUAL 1999-2000 

Land Records Section 

The Land Records Seel ion works with local governments to establish standards 
for the storage of xilal land records such as deeds. The Land Records Section has 
provided expertise free to the many local governments trymg to create electronic 
archives o^ 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 provides technical assistance in four 
major areas — base mapping, cadastral mapping, parcel identifiers and automation 
of land records — to local governments 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. 

Notary Piihlic Section 

Nearly 150,000 North Carolinians are registered as notaries public through the departments 
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 history, 
having existed as far back as the Greek and Roman Empires. There are notaries m 
ever)' one of the 50 states and in most of the countnes around the world. Notaries 
provide a means for establishing the authenticity of signatures on legal documents 
such as deeds, automobile titles and other instruments. The Notar)^ Public Section 
issues commissions to notaries public m every count)' in North Carolina. 

Publications Division 

The Publications Division compiles and publishes information useful to the 
General Assembly, other state agencies and the people of North Carolina. The 
Publications Division maintains a wide range ot reference works, such as the North 
Caivlina Manual and the Directory oj State and Countv Ofjiciah, 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 century and an original, hand- 
written copy of the N.C. Constitution of 1868. The Publications Division is also the 
repository for gender equity reports mandated by state law for various state and local 
appointed commissions. The divisions web site has developed an extensive list of 
North Carolina-related URLs. In addition, the division's staff serves as an accurate 
information resource to North Carolina citizens and businesses who aren't familiar 
with state government and may not know which agency they need to contact to 
complete a specific transaction. 



226 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Lobbyist Registration 

This division administers the states legislative lobbying laws. It is also a repository 
for official copies of ratiffed 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) 
807-2000 or \asit the department's Web site at www secstate. state. nc.us/secstate . 



Elaine F. Marshall 

N.C. Secretary of State 

Early Years 

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

Educational Background 

Bachelors of Science m 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. Bam, Lillington, 1981-1984; Partner, Bain & 

Marshall, Lillington, 1985-1992; Partner, Marshall & Marshall, Lillington, 1993-96. 

Political Activities 

North Carolina Secretary of State, 1997-Present; Senator, 1 5th 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. 




227 



NORTH CAROLINA MANUAL 1999-2000 

Organizations 

Member, N.C. Slate 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, f 963; Legal advisor, N.C. Business and Professional Women, 
1987-f990; Member, Women's Forum of North Carolina, Inc., 1993-Present; Fellow, 
N.C. Institute of Political Leadership, I99f . 

Boards and Commissions 

Member, North Carolina Courts Commission, Juvenile Code Study Commission, 
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; Lillinglon 
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 Information 

Husband, Sol Marshall, Esq. (deceased). Three step-children. Five grandchildren. 
Member, Divine Street Methodist Church, Dunn. 



228 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH 



CHAPTER FOUR 



North Carolina Secretaries of State 



Colonial Secretaries 






Name 


Term 




Richard Cobthrop' 


ca. 1665 




Peter Carteret^ 


1665-1672 




Robert Holden^ 


1675-1677 




Thomas Miller'^ 


1677-1679 




Robert Holden^ 


1679-1683 




Woodrowe" 


1683-1685 




Francis Hartley^ 


1685-1692 




Daniel Akehurst*^ 


1692-1700 




Samuel Swann"^ 


1700-1704 




Tobias Knight ^° 


1704-1708 




George Lumley^^ 


1704 




George Lumley 


1708 




Nevil Low^^ 


1711 




Tobias Knight'^ 


1712-1719 




John Lovick^'* 


1719-1722 




John Lovick^^ 


1722-1731 




Joseph Anderson^^ 


1731 




Nathaniel Rice^^ 


1731-1753 




James Murray^^ 


1753-1755 




Henry McCullochi^ 


1755 




Richard Spaight'*^ 


1755-1762 




Richard Spaight-^ 


1762 




Benjamin Heron^^ 


1762-1769 




John London^^ 


1769-1770 




Robert Palmer^"* 


1770-1771 




Thomas Faulkner^^ 


1772 




Samuel Strudwick^^ 


1772-1775 




Secretaries of State^^ 






Name 


Residence 


Term 


James Glasgow^*^ 




1777-1798 


William White^^ 




1798-1811 


William HilP^^ 




1811-1857 


Rufus H. Page^^ 




1857-1862 


John R H. Russ^2 




1862-1864 


Charles R. Thomas" 




1864-1865 


Robert W Best^^ 




1865-1868 


Henry J. Menninger^^ 


Wake 


1868-1873 



229 



NORTH CAROLINA MANUAL 1999-2000 



Secretaries of State (continued) 

Name 

William H. Howerton 
Joseph A. Engelhard''" 
William L. Saunders^' 
Ociavius Coke^" 
Charles M. Cooke ^'^ 
Cyrus Thompson 
John Bryan Grimes"**^ 
William N. EN'eretf*' 
James A. Hartness"*- 
Stacey W Wade^^ 
Charles G. Powell^^ 
Thad A. Eure^' 
Rufus L. Edmisten'*" 
Janice 1. Eaulkner"*' 
Elaine E Marshall'^'^ 



Residence 


Term 


Rowan 


1873-1877 


New Hanover 


1877-1879 


Wake 


1879-1891 


Wake 


1891-1895 


Eranklm 


1895-1897 


Onslow 


1897-1901 


Pitl 


1901-1923 


Richmond 


1923-1928 


Richmond 


1928-1933 


Carteret 


1933-1936 


Granville 


1936 


Hertford 


1936-1989 


Watauga 


1989-1996 




1996 


Harnett 


1997-Prese 



Colonial Secretaries 

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

- The Lords Proprietor commissioned Carteret and he arrived in Albemarle on 
Eebruary 23, 1665. He was presumably qualified shortly after his arrival. Eollowing 
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 m both 
capacities until his departure for England m 1672. 

^ Little IS known concerning Holdens appointment or dates of service. He was serving 
as secretary on July 26, 1675, where he venhed a sworn statement and seems to 
have continued in office until the arrival of Miller m July 1677. It is possible he 
was appointed secretary prior to this date since he had been in the colony since 
1671. 

"^ When Eastchurch appointed Miller to act m his stead until he returned to North 
Carolina, he apparently appointed him secretary as well as deputy governor. On 
October 9, 1677, Miller attested to the granting of a pow^r of attorney, however 
this could have been m the capacity of acting governor rather than as secretary. 

^ The Lords Proprietor appointed Holden. He apparently arrived m Albemarle in 
July, 1679. The Lords Proprietor issued a warrant appointing him Receiver General 
of North Carolina in Eebruary, 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 



230 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Customs" — another office which he held. Extant records do not indicate what 
ultimately happened to him. His name does not appear m council records after 
1681 and, in 1682, 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 m extant records is in a letter written by the Lords Proprietor in February, 
1684. The letter indicates that he had been ser\dng for some time. It is possible he 
was appointed as early as 1682. 

" The Lords Proprietor 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 secretary 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 m 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 1704. 

^'^ Knight was apparently appointed to replace Swann and according to one source 
was in the office in 1704. The earliest documentary evidence of Knight acting as 
secretary is his certification of a court proceeding on February 20, 1705. There is 
no evidence that he served as secretary after 1708. He was, however, again ser\ang 
m 1712. 

" Lumley was appointed by Knight to act as secretary on two occasions, once in 
October, 1704, and again m 1708 during Knights absence due to an illness. It is 
not known who served between 1708 and 1712 because of the chaotic conditions 
m the colony's government at the time. 

^^ The Lords Proprietor 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 serving 
as secretary. 

'^ The Lords Proprietor 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 apparendy 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. 



231 



NORTH CAROLINA MANUAL 1999-2000 

" The Lords Proprietor commissioned Lovick and he qualified before the governor 
and council. He served until 1731. 

'^ 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, 1753. 

^^ The Council appointed Murray upon the death of Rice. He served until McCuUochs 
arrival in 1755, Land grant records indicate that he was acting as secretary as late 
as March 31, 1755. 

^" A warrant was issued on June 21, 1754, for McCuUochs appointment as secretary 
and Governor Dobbs certitied 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. 

•^'-^ Governor Dobbs sent a letter to Spaight appointing him "Secretary of the Crown" 
on October 2, 1755. A commission for Spaight in the Secretary of States records, 
however, bears the date October 27, 1755. He qualihed before Dobbs on October 
30. 

^^ Dobbs re-appointed Spaight and he served until his death sometime during July 
or early August, 1672. 

^' Dobbs appointed Heron to replace Spaight. On March 6, 1769, 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 m this capacity 
until news of Herons death was received. Governor Tryon appointed London 
secretary upon the death of Heron and he served until he "declined acting any 
longer." 

^■^ Tryon appointed Palmer to replace London on July 8, 1771. He was granted 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 lor Faulkner. He rented his commission 
to Samuel Strudwick. 

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

Secretaries of State 

'' 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 1868 when a new constitution was adopted. 



232 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 regular term 
and continued serving until 1 798 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. 

^0 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 1862 by Russ. 

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

^^ Thomas, elected by the General Assembly, took office on January 3, 1865, 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' resignation 
since his name appears beneath that of Thomas m 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 m 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. 

^^ Governor 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 m 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. 



233 



NORTH CAROLINA MANUAL 1999-2000 

"*- Governor McLean appointed Harlness 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 ofhce for his regular term and subsequent re-elections. He served 

longer than any other state official m North Carolina history finally retiring on 

January 7, 1989. 

"*" Edmisten was elected m No\'ember, 1988, when Eure declined to run for re-election. 
He won re-election in 1992. Edmisten resigned m March, 1996. 

"*" Governor Hunt appointed Faulkner on April 1, 1996, to serve the remainder of 
Edmistens term. 

■^" Marshall became North Carolina's first female elected Secretary of State after v^inning 
the general election of 1996. She took office m January, 1997. 



234 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Office of the State Auditor 

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

Today, the state auditor is a constitutional officer elected by vote of the people 
every four years. The Ofhce of the State Auditor conducts audits of the financial 
affairs of all state agencies. The department also has the statutory authority to perform 
other special audits, reviews or investigations deemed necessary by the state auditor 
or requested by the governor or the legislature. The state auditor is responsible for 
annually auditing and rendering an opinion on the states 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 firms. 

In addition to being state governments 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. 

General Administration Division 

This division, under the general supervision of the state auditors chief deputy, 
handles all administrative matters including personnel, budgeting and purchasing, 
as well as the overall planning and coordination of all departmental acti\ities. 

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, regulations and 
policies. 

Office of the State Auditor employees conduct performance audits of selected 
programs administered by state agencies. These performance 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 applications and controls to ensure the reliability and accuracy of 



235 



NORTH CAROLINA MANUAL 1999-2000 

computer-generated data. The division monitors the use of state funds provided to 
certain non-profit organizations and issues an annual report on such activities. The 
department conducts special investigations of possible embezzlements or misuse of 
state property. These special investigations normally arise from specitic allegations 
received via the states Fraud, Waste and Abuse Hotline at (800) 730-TlPS. 

The Audit Divisions managerial team includes two deputy state auditors and 
eight audit managers who are charged with auditing the major functions in state 
government. Audit supervisors are based in Raleigh and m 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 (9i9) 807-7500 
or fax: (919) 807-7647. To report specific incidents of fraud, waste or abuse in state 
government, call the departments fiotlme at (800)-730-8477 

E-mail mlormalion about fraud, waste or abuse in state government to 
hotline@aud.osa. state. nc. us. You can visit the department's Web site at: 
www.osa.state.nc.us. 



Ralph Campbell, Jr. 

State Auditor 

Early Years 

Born m Raleigh, N.C, December 7, 1946, to the 
late Ralph Campbell, Sr., and June Kay Campliell. 

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. 




236 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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-Tern, 
Raleigh City Council, 1989-91. 

Organizations 

Advisory Council on Government Auditing Standards, U.S. General Accounting Office; 
National Electronic Benefits Transfer Council; Raleigh-Wake Citizens Association; 
State Employees Association of North Carolina; National Association for the 
Advancement of Colored People; Omega Psi Phi Fraternity; American Council of 
Young Political Leaders; Widows 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, Chair, Auditor Training Committee, 
1999; NSAA Information Technology Committee; Chair, Southeastern Inter- 
Governmental Audit Forum, 1999; Flemming Fellows Leadership Institute; 
Association of Certified Fraud Examiners; 100 Black Men of America, Triangle East 
Chapter. 

Boards and Commissions 

Chair, Region 5, State Employees Combined Campaign, 1999-2000; N.C. Council of 
State 1993-Present; St. Augustine's College Board of Trustees, 1995-96; Capital 
Planning Commission, 1993-Present; Local Government Commission, 1993-Present; 
Information Resource Management Commission, 1993-Present (Chair, 2000); Shaw 
Divinity School Board of Trustees, 1988-89; 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, 1989-92; 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- 
89 and 1991-92; Public School Administrators Task Force, 1994-95. 

Military Service 

Served U.S. Army Reserve, 1971-77. 



237 



NORTH CAROLINA MANUAL 1999-2000 

Honors and Awards 

Omega Psi Phi Fraternity, Omega Man o{ the Year, 1984; State of North Carolina 
Order of the Long-Leaf Pine, 1985; St. Augustmes 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; 1995 Auditor Generals 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 Injorniation 

Married to Mary Savage Campbell. Member, St. Ambrose Episcopal Church, Raleigh, 

N.C. 



State Auditors 

Auditors of Public Accounts 

Name 

Samuel E Phillips' 

Richard H. Batde^ 

State Auditors 

Henderson Adams^ 
John Reilly 
Samuel L. Love 
William P Roberts 
George W Sandlin 
Robert M. Eurman 
Hal W Ayer 
Benjamin E Dixon"* 
Benjamin E Di.xon, Jr.^ 
William P Wood'^ 
Baxter Durham 
George Ross Pou'' 
Henry L. Bridges'^ 
Edward Renfrew'' 
Ralph Campbell, Jr."' 

Auditors of Public Accounts 

' Phillips resigned effective July 10, 1864. 

^ Governor Vance, with the advice and consent of the 
Battle to replace Phillips. The General Assembly late 
term, and he served until the ofhce was abolished m 



Residence 


Quail j led 


Orange 


1862-1864 


Wake 


1864-1865 




1868-1873 


Cumberland 


1873-1877 


Haywood 


1877-1881 


Gates 


1881-1889 


Lenoir 


1889-1893 


Buncombe 


1893-1897 


Wake 


1897-1901 


Cleveland 


1901-1910 


Wake 


1910-1911 


Randolph 


1911-1921 


Wake 


1921-1937 


Johnston 


1937-1947 


Guilford 


1947-1981 


Johnston 


1981-1993 


Wake 


1993-Present 



Council of State, appointed 
r elected Battle to a regular 
1865. 



238 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

State Auditors 

^ Adams was elected in the general elections of April, 1868. 

^ Dixon died September 26, 1910. 

^ Governor Kitchen appointed Benjamin E Dixon, Jr., on September 30, 1910, to 
replace his father, Benjamin E Dixon, Sr. 

^ Wood was elected in the general elections of 1910 to complete the senior Dixon's 
unexpired term. He was elected to a full term m 1912. 

^ Pou died Eebruary 9, 1947. 

^ Bridges was appointed by Governor Cherry on Eebruary 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 m 1992. 



239 



NORTH CAROLINA MANUAL 1999-2000 

Department of State Treasurer 

Nonh Carolmas Treasurers 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 1740 and 1779 there was one treasurer each for Northern and 
Southern North Carolina. The assembly added four additional treasurers in 1779, 
each serving a dehned 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 continued until a new 
state constitution was ratified in 1868. The Constitution of 1868 provided tor 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 Treasurers 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 departments 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 m 1901 — $450,000 
— would currently fund one public high school m 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 treasurer. 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 m office by a treasurer, however, still belongs to John Hay^wood. 
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, m particular, did much to 
earn that widespread public trust by establishing and maintaining high professional 
standards for the department during his administration. As a result. North Carolina 
received the coveted Triple-A credit rating for the first time m 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. 

Gill himself appreciated what his administration had achieved, saying publicly 
that "m North Carolina, we have made a habit of good government." A former member 
of the General Assembly, GUI served as personal secretary to Gov O. Max Gardner in 
the early 1930s. He provided crucial leadership m designing and implementing policies 
designed to help North Carolina recover from the Great Depression. 



240 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 287 people and has an annual budget of 
$22 million. It is divided into three operating divisions and one support division. 
Those di\4sions are: 

Retirement Systems Division 

The Retirement Systems Division administers the four statutory retirement and 
eight fringe benefit plans that cover the state's public employees. Administration of 
the several retirement systems and benefit plans requires a high level of fiduciary 
responsibility for the employees' trust funds entailing the prudent and efficient use 
of 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 benefits 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 stability The division administers the Teachers' and State Employees' 
Retirement System; the Local Governmental Employees' Retirement System; the 
ConsoHdated 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. 



241 



NORTH CAROLINA MANUAL 1999-2000 

The Local Governmental Employees' Retirement System Board, while legally separate, 
is composed of the same 14 members plus three additional members representmg 
local governments. 

The Board of Trustees of the Teachers' and State Employees' Retirement System is 
the gox'erning board of the Consolidated Judicial and Legislative Retirement Systems 
m addition to all other programs administered 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 serving as ex- 
officio chairman. 

All retirement systems are joint contributory-defined benefit plans with 
contributions made by both employees and employers. Each active member 
contributes six percent (6%) of his compensation for creditable service by monthly 
payroll deduction. The only exception to this member contribution rate is the 
Legislative Retirement System to which each active member 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 
Sc(uad Workers' Pension Fund. 

The departments consistent use of conservative actuarial assumptions and an 
approved actuarial cost method over the years since the establishment of the retirement 
systems and benefit plans have resulted in retirement systems which can be labeled 
as "actuarially sound." 

The division's administrative expenses are paid by receipts from the systems 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 

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. 



242 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The General Assembly of North Carolina has provided a centralized system for 
managing the flow of monies collected and disbursed by all state departments, 
agencies, institutions and universities. That system is centralized 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 
m the course of conducting state business. 

The division administers the states 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 hduciary responsibility for these investment programs. State 
law requires that the programs be structured so investments can be readily converted 
to cash when needed. The states constitution forbids the use of assets in retirement 
system funds for any purpose other than providing retirement benefits, administrative 
expenses and refunds. 

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. 

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 management. The commissions 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 ot all stale 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 ior 
scheduling bond sales after consultation with other state agencies. It plans lor 
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. 



243 



NORTH CAROLINA MANUAL 1999-2000 

Division staff mainlain stale bond records and a register of bonds and initiate 
debt ser\ice 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 1 ; the North Carolina Eastern Municipal Power 
Agency; the North Carolina Educational Facilities Finance Agency; the North Carolina 
Solid Waste Management Capital Projects Financing Agency; and the North Carolina 
Industrial and Pollution Control Financing Authority 

Division staff provide technical assistance in hnancial 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 authorities across North Carolina 
through the Local Government Commission. The divisions statf makes 
recommendations to the commission on the approval, sale and delivery of all North 
Carolina local government bonds and notes. The Local Go\'ernment Commission 
must approve any proposed issue before local governments can incur that debt. The 
commission examines the necessity for the issue, the size of the issue, the local 
governments debt management polic); the local taxes that will be needed to service 
the debt and the ability of the unit to repay. After the commission 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 government unit. 

A second key divisional function is monitoring certain hscal and accounting 
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 systems as well as new systems. Division 
staff strive to ensure that local governments 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 
procedures. The division also provides educational programs lor local governments 
in the form of seminars and classes. Division staff examine and analyze annual audited 
hnancial 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 certihed public accountant or by an accountant certified 



244 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

by the commission as qualified to audit local government accounts. The department 
provides continued assistance to the independent auditors through individual 
assistance and continuing professional education. 

Administrative Services Division 

The Admmistrative Services Division provides administrative, technical and 
specialized support to the departments top administrators and to the three operating 
divisions. The division manages the departments supply and mail operations, 
personnel, forms management, printing, generalized training and accounting. The 
division administers the Escheat and Abandoned Property program. The 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 m 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) 508- 
5176 or visit the department's Web site at www.treasurer.state.nc.us . 



245 



NORTH CAROLINA MANUAL 1999-2000 



Harlan Edward Boyles 

State Treasurer 

Early Years 

Born in Vale, Lincoln County, May 6, 1929, to 
Curtis E. and Kate Schronce Boyles. 

Ediicatkon 

North Brook Schools, Lincoln County, 1935-45; 
Crossnore School, Avery County, 1945-47; 
University of Georgia, 1947-48; B.S., UNC-Chapel 
Hill, 1948-51. 

Professional Background 

Certified Public Accountant. 




Political Activities 

State Treasurer, 1977-Present (elected 1976; re-elected, 1980, 1984, 1988, 1992 and 
1996); Member, Democratic Party 

Organizations 

Municipal Fmance Officers Association; N.C. Association of Certified Public 
Accountants (Past President, Triangle Chapter); National Association ol 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 o'i Directors, N.C. Art Society; John Motley Morehead 
Memorial Commission; State Board of Community Colleges; Chairman, Local 
Government Commission; Tax Review Board; State Bankmg Commission; Board of 
Tmstees, Teachers and State Employees Retirement Systems; Local Governmental 
Employees Retirement System; Eormer Member, U.S. Securities and Exchange 
Commissions Municipal Securities Rulemaking Board. 

Personal Information 

Married, Erances (Erankie) Wilder of Johnston County May 17, 1952. Three children. 
Member, Westminister Presbyterian Church. 



246 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH 



CHAPTER FOUR 



State Treasurers 



Colonial Treasurers^ 






Name 


Term 




Edward Moseley^ 


1715-1735 




William Smith^ 


1735 




William Downing'* 


1735-1739 




Edward Moseley' 


1735-1749 




William Smith^ 


1739-1740 




John Hodgson^ 


1740-1748 




Thomas Barker^ 


1748-1752 




Eleazer Allen" 


1749-1750 




John Starkey"-^ 


1750-1765 




John Haywood^ ^ 


1752-1754 




Thomas Barker ^- 


1754-1764 




Joseph Montford^^ 


1764-1775 




Samuel Swann''* 


1765-1766 




John Ashe^-^ 


1766-1773 




Richard Caswell'^ 


1773-1775 




Samuel Johnston ^^ 


1775 




Richard CaswelP^ 


1775 




State Treasurers 






Name 


Residence 


Term 


Samuel Johnston^^ 


Chowan 


1775-1777 


Richard CaswelF*-^ 


Dobbs 


1775-1776 


John Ashe^' 


New Hanover 


1777-1779 


William Skinner^^ 


Perquimans 


1777-1784 


Green Hill 


Franklin 


1779-1784 


Richard Cogdell 


Craven 


1779-1782 


William Cathey 


Rowan 


1779-1781 


John Ashe 


New Hanover 


1779-1781 


Matthew Jones 


Chatham 


1779-1782 


Timothy Bloodworth 


Surry 


1780-1784 


Robert Lanier 


New Hanover 


1780-1783 


Memucan Hunt" 


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 



247 



NORTH CAROLINA MANUAL 1999-2000 



State Treasurers (continued) 

Name 

William S. Mhoon 
Samuel ¥. Pallerson'- 
Daniel W Courts'*' 
Charles L. Hinton 
John H. Wheeler 
Charles L. Hinton 
Daniel W Courts 
Jonathan Worth'' 
William Sloan^^" 
Kemp R Battle^^ 
David A. Jenkins -^^ 
John M. Worth^^ 
Donald W Bam^- 
Samuel McD. Tate^^ 
William H. Worth 
Benjamin R. Lacy'"* 
Nathan O'Berry" 
John R Stedman'*' 
Charles M. Johnson' 
Brandon R Hodges^*^ 
Edwin M. Gill-'" 
Harlan E. Boyles''^' 



,37 



Residence 

Bertie 

Wilkes 

Surry 

Wake 

Lincoln 

Wake 

Surry 

Randolph 

Anson 

Wake 

Gaston 

Randolph 

Wake 

Burke 

Guilford 

Wake 

Wayne 

Wake 

Render 

Buncombe 

Scotland 

Wake 



Term 

1831-1835 

1835-1837 

1837-1839 

1839-1843 

1843-1845 

1845-1851 

1851-1862 

1862-1865 

1865-1866 

1866-1868 

1868-1876 

1876-1885 

1885-1892 

1892-1895 

1895-1901 

1901-1929 

1929-1932 

1932 

1933-1949 

1949-1953 

1953-1977 

1977-Rresent 



Colonial Treasurers 

' The lower house of the colonial assembly reserved the right to appoint colonial 
treasurers. This policy combined with the extensive control the assembly already 
exercised over the colony's hnancial 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 ofhce. Later, however, they were appointed via bills passed 
specihcally for the purpose of appointing treasurers. The assembly apparently hrst 
appointed treasurers during the Tuscarora War of 1 7 1 1 , when several commissioners 
were appointed to issue paper currency This practice continued until 1731, when 
George Burrington, North Carolina's hrst 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 successive colonial 
governors on the issue. 



248 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

By 1729 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 'Tilling 
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 
continuously 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 evidence 
that he ever served. This may have been due to the response of the lower house to 
Smiths 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, 1739, to act as 
temporary treasurer following Downings death. 

^ The assembly appointed Hodgson m August, 1740, to replace Downing. He served 
until 1748. 

^ The assembly appointed Barker in April, 1748. He served until he resigned in 
1752. 

^ The general assembly appointed Allen in November, 1749, to replace Moseley. He 
served until his death in 1750. 

^^ Starkey was appointed m July, 1750, 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. 

^^ Montford was appointed in February, 1764, to replace Barker and ser\'ed until 
1775. 

^"^ Governor Tryon appointed Swann in 1765 to act as a temporary replacement for 
the deceased Starkey 



249 



NORTH CAROLINA MANUAL 1999-2000 

'^ Ashe was appointed in November 1766 lo replace Starkey. He served uniil he was 
replaced by Caswell in 1773. 

'" Caswell was appointed in 1773 to replace Ashe. He served until the collapse of the 
royalist government in 1 775. "An Act for appointing Public Treasurers, and directing 
their duty in ofhce," Chapter V, Laws of North Carolina, Clark, State Records, 
XXlll, 904-906. 

'' Johnston and Caswell were appointed treasurers of the northern and southern 
districts respectively on September 8, 1775, by the provincial congress. Caswell 
served until his election as governor m 1776. Johnston served until 1777 when ill 
health torced him to decline re-election. 



18 



See footnote 17. 



State Treasurers 

''' See footnote 17. 

''^ See footnote 17. 

-^ Ashe was elected to replace Caswell. 

-- Governor Caswell, with the ad\ice and consent of the council, appointed Skinner 
to replace Johnston. The legislature elected Skinner to a regular term. He served 
continuouslv until the district svstem was abandoned m 1784. 

" Hunt was the hrst sole treasurer elected by the General Assembly. In 1786 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 b\' John 
Ha)^'Ood. 

-"' Ha)"wood died on Noveniber 18, 1827, while still in ofhce, having served for 
thirty years as state treasurer. 

'^ Patterson w^as 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 ottice of treasurer. He 
declined to run for re-election in 1836. 



26 

27 



28 



Courts resignation was presented to the council on April 15, 1839. 

Worth served until the end of the war. Wheri 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. 



250 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^"^ 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 following 
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. 

^^ Bam 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'Beriy 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 ofhce 
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, 1953, 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. 

■*° Boyles was elected m November, 1976, when Gill declined to run for re-election. 
He is still serving following subsequent re-elections, most recently 1996. 



251 



NORTH CAROLINA MANUAL 1999-2000 

Department of Public Instruction 

The Deparimenl of Public Instruclion, under ihe leadership of the Slate Board of 
Education, establishes and administers overall policy for North Carolmas public 
schools. The N.C. Superintendent of Public Instruction, whose office was established 
in the state constitution, manages the department and administers the policies 
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 treasurer 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 responsibilities were hrst 
set forth m the Constitution of 1868. The head of the department originally went by 
the title "superintendent of common schools," but that office was abolished m 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 ol the Council of State. 

The Department of Public Instructions 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 systems 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 hscal and curriculum issues. 

The Department of Public Instruction is organized under the state superintendent 
into three program areas, each headed by an associate state superintendent 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 ot 
Education Reform report directly to the State Superintendent. The N.C. Board ol 
Education has several staff members, including a legislative director. The three primary 
program areas are: 

Instructional and Accountability Services 

This area encompasses the 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. 



252 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Information and Technology Services 

This area includes the Administrative AppUcations Division, the Instructional 
Technologies Division and the Networking Technologies Division. 

Financial and Personnel Sermces 

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. 

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. 



253 



NORTH CAROLINA MANUAL 1999-2000 

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 Buildmg, 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) 715-1146. 

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. 

State School Food Distribution Advisory Council: Contact Gary W. Gay, 
Food Distribution Division, N.C. Department of Agriculture, PO. 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) 
715-1149. 

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 Hiunan Resource Management, Education Building, 
301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1356. 



254 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Vocational Education Program Area Advisory 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. 

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 Instruciion, call (919) 
715-lOOOor visit the departments Website, the DPI Info Web, at www.dpi.state.nc.us . 



255 



NORTH CAROLINA MANUAL 1999-2000 




Mike Ward 

Superintendent of Public 
Instruction 

Early Years 

Born in Louisburg, Franklin County, Octoberl7, 
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, North Carolina Council of State, 1997-Present; Member, North Carolina 
Education Cabinet, 1997-Present; Council of Chief State School Officers, 1997-Present 
(Member, Executive Board, 1999-Present); Member, National Assessment Governing 
Board, U.S. Department o^ Education, 1999-Present; National Council for the 
Accreditation of Teacher Education, 1998-Present (Executive Committee; Chair, State 
Partnership Board); Oflice of Juvenile Justice Advisory Council 1998-Present; Adjunct 
Professor, College of Education and Psychology, North Carolina State University 1994- 
Present; Volunteer, World Games of the Special Olympics, 1999; Volunteer, State 
Games of the Special Olympics, 1999; Member, Capital Campaign Steenng Committee, 
Wake Interfaith Hospitality Network for Homeless Eamilies, 1998-Present; Volunteer, 
Wake Interfaith Hospitality Network for Homeless Eamilies, 1994-Present. 

Honors and Awards 

Education Award lor Leadership in School Reform, Zeta Phi Beta Sorority and Phi 
Beta Sigma Eraternity 1 999; O. Max Gardner Award, North Carolina Young Democrats, 
1999; Distinguished Alumnus Award, North Carolina State University 1997; Paul 
Harris Eellowship, Oxford Rotary Club, 1994; N.C. Superintendent of the Year, 
American Association of School Administrators, 1994; Outstanding Leadership Award, 
Phi Delta Kappa, Carolina Chapter, 1988; Principal of the Year, Granville County 
Schools, 1988. 



256 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH 



CHAPTER FOUR 



Personal Information 

Married, the Rev. Hope Morgan Ward, January 2, 1977; Two children. Member, 
Soapstone United Methodist Church, Raleigh. 

Superintendents of Public Instruction 



Superintendent of Common Schools 

Name Residence 

Calvm H. Wiley > Guilford 



Superintendents of Public 

Name 

Samuel S. Ashley^ 
Alexander Mclver^ 
James C. Reid'* 
Kemp P Battle^ 
Stephen D. Poor 
John Pooh 
John C. Scarborough 
Sidney M. Finger 
John C. Scarborough 
Charles H. Mebane 
Thomas ¥. Toon^ 
James Y. Joyner'^ 
Eugene C. Brooks^'-^ 
Arch T.Allen" 
Clyde A. Erwin'- 
Charles h Carrolh^ 



Instruction 

Residence 
New Hanover 
Guilford 

Wake 

Craven 

Pasquotank 

Johnston 

Catawba 

Hertford 

Catawba 

Robeson 

Guilford 

Durham 

Alexander 

Rutherford 

Duplin 



Term 
1852-1865 



Term 

1868- 

1871- 

1873 

1873 

1875- 

1876- 

1877- 

1885- 

1893- 

1897- 

1901- 

1902- 

1919- 

1923- 

1934- 

1952- 



1871 
1875 



1876 
1877 
1885 
1893 
1897 
1901 
1902 
1919 
1923 
1934 
1952 
1969 



257 



NORTH CAROLINA MANUAL 1999-2000 

Superintendents of Public Instruction (continued) 

Name Residence Term 

Andrew Craig Phillips'" Guilford 1969-1989 

Bob R. Elheridge" Harnett 1989-1996 

Michael Edward Ward'^ Wake 1996-Present 



1 



10 



Wiley served until the office was abolished in 1865. 

Ashley was elected in the general elections 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 m late 1872 or early 1873, but no 
record exists that he e\er qualified or took the oath of office. 

Governor Caldwell appointed Battle on January 14, 1873 to replace Reid. Battle 
took the oath ot ofhce on January 15. Alexander Mclver, who was still serving 
under a previous appointment, challenged Battles right to hold ofhce. The North 
Carolina Supreme Court heard the case at its January 1873, term. The court decided 
m favor of Mclver, Justice Reade, who wrote and delivered the majorit)' 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 m ofhce until the 
next election m August, 1874. 

Pool resigned eflective June 30, 1876. 

Governor Brodgen appointed John Pool on June 30, 1876, to replace Stephen D. 
Pool. He took ofhce 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 m a special election in 1902 to complete Toons unexpired term. He 
was re-elected to a full term in 1904 and served following subsequent re-elections 
until his resignation effective January 1, 1919. 

Governor Bickett appointed Brooks on December 21, 1918, to replace Joyner. He 
took ofhce January 1, 1919, and was elected in the general elections of 1920. 
Brooks served until his resignation on June 11, 1923. 

Governor Morrison appointed Allen on June 11, 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 Fhringhaus appointed Erwin on October 23, 1934, to replace Allen. He 
was elected in the general elections of 1 936 and served following subsequent re- 
elections until his death on July 19, 1952. 



258 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^^ 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 m 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. 



259 



NORTH CAROLINA MANUAL 1999-2000 



Office of the Attorney General 

The Auorncy General ot Norlh Carolina heads both the Department of Justice 
and the Office of the Auorncy General. The attorney general, having originated during 
colonial times, is one of the oldest continuous offices in North Carolina state 
government. North Carolinas first constitution, written m 1776, made the attorney 
general part of the executive branch framework. When the General Assembly began 
reorganizing the executive branch m the early 1970s, it created the Department oi 
Justice as one o\ the major departments m the Council ol State. 

The 1971 state constitution deleted all references to the Department of Justice 
and the State Bureau of investigation. Instead, it simply recjuires an attorney general 
whose duties "shall be prescribed by law." [Article 111, Section 7(2)1 North Carolinas 
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 ot State. 
Until then, the attorney general had served only as legal advisor to the council. 

The historical roots of North Carolinas 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 m the courts ot particular geographical 
areas. The total number of attorneys representing the crown gradually decreased 
over time as individual attorneys were assigned broader duties. 

By the latter part o'i the fifteenth century the title Attorney General was used to 
designate William Husce as a legal counsel for the crown, ll 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 seventeenth century that the 
office assumed its modern form and the attorney general became, at least m practice, 
the crowns preeminent legal counsel. 

Although the early attorneys and other legal representatives of the crown occupied 
much the same position as comparable legal representatives ol individuals, their 
professional development soon diverged from that of prix'ate counsel because ol the 
peculiar role of the crown m legal proceedings. The king held "prerogative" and, in 
theoiy, was always present m 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 protect the crowns interests. 
Consequently, the kings counsel enjoyed superior status to that of attorneys tor 
individuals. Unlike an attorney representing a private party, the attorney general or 
kings attorney was not an officer of the courts and, therefore, was not subject to the 



260 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

usual disciplinary authority the courts held over indi\idual attorneys. As a representative 
of the crown, the attorney general was subject only to the control of the crowTi. 

The ofhce of Attorney General was transported intact from England lo the 
American colonies. Here, attorneys general of the colonies served as representatives 
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 m 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 representing the 
State of North Carolina in all actions in the Appellate Court Division the state is 
either mterested m or a part to. When requested by the governor or either house of 
the General Assembly, the Office of the Attorney General represents the state before 
any other court or tribunal m 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 institutions 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 general 
also renders legal opinions, either formally or informally, upon all questions of law 
submitted by the General Assembly, the governor or any other state officer. 

The Office of the Attorney General, in the public interest, may intervene in 
proceedings before any courts, regulatory officers, agencies or bodies — either state 
or federal — on behalf of the consuming public of the state. The Office of the Attorney 



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NORTH CAROLINA MANUAL 1999-2000 

General has the auihoriiy lo ongmaie proceedings before these same courts, officers, 
agencies or bodies on behalf of the state, its agencies or its citizens m any and all 
matters of public interest. The Office of the Attorney General administers the operations 
of the North Carolina Department ol 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 following divisions: 

Criminal Division 

This division incorporates all sections of the department that deal with criminal 
matters. Its staff advises and represents state agencies such as Department ot Correction 
and the Department of Crime Control and Public Safety. The Criminal Division is 
broken down into sex'eral 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 appro\'al of the attorney 
general. It also serves as legal advisor to the State Bureau of Investigation. 

The Correction Section proxides legal counsel to the Department of Corrections 
on matters involving prison regulations, personnel and statutory 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 justice services. 

The Federal Habeas Section represents North Carolina in appeals ot criminal 
convictions to the federal courts. 

The Appellate Section supervises and prepares criminal briefs m all appeals to 
which the state is a party. 

Cixil Division 

Consisting of seven sections, this dix'ision handles civil claims and litigation 
principally arising from state construction contracts, real property acquisitions, 
highway right-of-way condemnation and the enlorcement ol 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 m workers compensation and tort claims cases. 

The Property Control Section represents the Department ot 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, public building construction law and public procurement. 



262 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 valuations 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 seeking 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 enforcement 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 insurance 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 m 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 revocation or 
suspension cases for the Division of Motor Vehicles, environmental enforcement cases 
for the Department of Environment and Natural Resources, as well as certain 
administrative hearings for state agencies located in western North Carolina. 

Administrative Division 

The Administrative Division includes six separate legal sections, each of which is 
responsible for particular clients or areas of the law. 

The Mental Health/Medical Facilities Section represents various divisions ol 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 ol 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 compensation 
claims. It also handles collection actions for the Unixcrsity of North Carolina and the 
North Carolina Community College System. 

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NORTH CAROLINA MANUAL 1999-2000 

The Services lo State Agencies Section provides legal services to the Department 
o'i State Treasurer, the Division of Retirement Systems, the Office ol State Personnel, 
the Administrative Ofhce 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 ad\iscs numerous 
stale and local oihcials 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 brokers. 

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 m complex or controversial civil litigation. The Education Section 
represents the State Board of Education, the Department of Public Instruction, the 
State Board of Community Colleges, the Department of Community Colleges and 
the Education Assistance Authority It also handles litigation for the University of 
North Carolina system and consults with local school boards and local school ofhcials. 

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 developing 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", community 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 OITice, the Child Victim Assistance Project (CVAP), the Elder Abuse 
Task Force, mediation and the Child Sexual Assault Guidelines. Section staff perform 
appellate work, issue legal opinions and letters and provide technical assistance to 
citizens m response to complaints and inquiries. 

The Consumer Protection Section represents the interests ol North Carolina 
consumers m maintaining a free, fair and competitive marketplace and protecting 
the natural environment. The section protects the public against price tixing, 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 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. 



264 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 states Environmental Policy Act. Representation includes all 
aspects of civil and administrative litigation, legal ad\ice and representation during 
commission meetings. The division prepares enforcement documents for issuance 
by DENR and provides 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 states 
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 provides effective 
administration of the state's criminal laws, works to prevent crime wherever possible 
and ensure the swift apprehension of criminals. The bureau assists local law 
enforcement in identifying criminals, provides expert scientific analysis of evidence 
and investigates and prepares evidence to be used in court. The State Bureau of 
Investigation lends its assistance whenever requested by the attorney general, the 
governor, 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 laboratories in the nation. The 
Division of Criminal Information maintains and operates a statewide database that 
helps law enforcement agencies across the state in the performance of their duties. 
Data stored in the SBl system includes motor vehicle registrations, driver's licenses, 
wanted and missing persons alerts, stolen property notihcations, 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 communications network lo quahlicd law 
enforcement agencies throughout North Carolina. 

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NORTH CAROLINA MANUAL 1999-2000 

Division of Training and Standards: The Division of Training and Standards 
includes the N.C. Juslice 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 iniegrit)' of the criminal justice profession in North Carolina. 

The Justice Academy located m 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 tor 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 ot 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, toUowed 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 m 1979, the academy's oversight council was eliminated and 
its role m support of commission-mandated curriculum grew rapidly The academy 
now develops and maintains mandated certihcation curriculums m basic law 
enforcement training, basic jailer training, criminal justice instructor training, radar 
enforcement and many advanced instructor areas. 

Academy staff tram thousands of criminal justice personnel both at the Salemburg 
campus and throughout the state. Numerous state and local agencies make use of the 
campus itself, its learning resource center and its professional staff tor basic and in- 
service training. The academy supports every aspect of the state's criminal justice 
system by providing programs 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 programs of the North Carolina 
Sheriffs' Education and Training Standards Commission. The commission establishes 
minimum emplo)TTient, training and retention standards tor sheritt's deputies and 
jailers throughout the state. It also enforces those standards statewide. The di\'ision 
certifies sheriff's deputies and jailers, as well as administering accreditation procedures 
tor schools and certifying instmctors who teach m commission-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. 

The Criminal Justice Standards Division: Established by act of the General 
Assembly m 1971, the Criminal Justice Standards Division administers the programs 



266 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 mto a 
single, more powerful commission. Its responsibilities include establishing and 
enforcing minimum employment, training and retention standards 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 programs 
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. 

Law Enforcement Liaison Section: This small section of attorneys provides 
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. 

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 Ofhce of the Attorney General and the N.C. 
Department of Justice, call (919) 716-6400 or visit the departments Web site at 
www.jus. state. nc. us . 



267 




NORTH CAROLINA MANUAL 1999-2000 

Michael F. Easley 

Attorney General 

Early Years 

Born in Rocky Mounl, Nash County, March 23, 
1950, 10 Henry Alexander and Huldah Marie 
Easley. 

Educational Background 

Rocky Mounl Senior High School, 1968; Bachelor 
of Arts m Political Science with Honors, UNC- 
Chapel Hill, 1972; Graduate Cum Laude, School 
of Law, North Carolina Central University, 1976. 

Professional Background 

Managing Editor ol the Law Journal, 1975-76; 

Assistant District Attorney, 13th Judicial District, 1976; District Attorney, 13thjudicial 

District, 1982-1992. 

Political Activities 

Attorney General, 1993-Present. 

Organizations 

National Association of Attorneys General; 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 ot Visitors, N.C.C.U Law School. 

Honors and Awards 

American Cancer Society American Heart Association and American Lung Association 
(N.C. Chapters), John R. Kernodle, M.D., Health Policy Award, 1997; Common Cause, 
Leadership in State Government Award, 1997; Humanitarian Award, N.C. Association 
of Black County Officials, 1997; National Association of Attorneys General, Innovation 
Award for the N.C. Child Victims Assistance Project, 1996; Recognized by USA Today 
as one of Americas Top Drug Busters, 1989; U.S. Department of Justice Drug 
Enforcement Administration Certihcate of Appreciation, 1987; Outstanding Young 
Men of America, 1983. 

Personal Information 

Married, Mary Pipines Easley One child. Member, Sacred Heart Catholic Church, 
Southport. 



268 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Attorneys General of North Carolina 



Colonial 




Name 


Term 


George Durant' 


1677-1681 


William Wilkison^ 


1694 


John Porter, Jr.^ 


1694-1695 


Henderson Walker 


1695 


Thomas Abmgton"* 


1696 


Richard Plater^ 


1696-1703 


Christopher Gale*" 


1704-1705 


Thomas Snoden' 


1705-1708 


Christopher Gale*^ 


1708-1710 


Edward Bonwicke"^ 


1711-1714 


Daniel Richardson ^'^' 


1714-1724 


John Worley" 


1716 


James Stanaway^' 


ca. 1720 


John Montgomery^ ^ 


1723 


William Little'^ 


1724 


Thomas Boyd^^ 


1724-1725 


William Little 


1725-1731 


John Connor^*" 


1731 


John Montgomery^'' 


1731-1741 


John Hodgson'^ 


1734 


Joseph Anderson^'^ 


1741-1742 


John Montgomery 


1742-1743 


Joseph Anderson^'^ 


1743-1747 


Thomas Child^^ 


1747-1752 


George Nicholas^^ 


1752-1756 


Charles ElUot^^ 


1756 


Robert Jones, Jr.^'* 


1756-1759 


Thomas Child^^ 


1759-1761 


Robert Jones, Jr. ■^^ 


1761-1766 


Marmaduke Jones" 


1766-1767 


Thomas McGuire^^ 


1767-1776 



269 



NORTH CAROLINA MANUAL 1999-2000 



,J^) 



41 



State 

Name 

Waightstill Avery 
James Iredell'^^ 
Alfred Moore" 
|ohn Haywood, Jr." 
Blake Baker''' 
Henry Seawelk'"* 
Oliver Fitts^' 
William Miller'^ 
Hutching G. Burton" 
William R Drew'" 
James k Taylor'*^ 
Robert H. Jones^'' 
Romulus M. Saunders 
John R. J. Daniel 
Hugh McQueen^' 
Spier Whitaker 
Edward Stanley'^^ 
Bartholomew k Moore '^'^ 
William Eaton, Jr."^"^ 
Matthew W RansonT^^ 
Joseph B. Batchelor"*' 
William H. Bailey'*^ 
William A. Jenkins^"" 
Sion H. Rogers'^' 
William M. Coleman" 
kewis R Olds'- 
William M. Shipp" 
Tazewell k. Hargrove 
Thomas S. Kenan 
Theodore k Davidson 
Frank 1. Osborne 
Zebulon V Walser'"* 
Robert D. Douglas^"^ 
Robert D. Gilmer 
Thomas W Bicket'^ 
James S. Manning 
Dennis G. Biiimmitt^^ 
Aaron A. F Seawelk'^ 
Harry McMullan^" 



RcsulcuiC 

Burke 

Chowan 

Brunswick 

Halifax 

Edgecombe 

Wake 

Warren 

Warren 

Warren 

Halifax 

Wake 

Warren 

Caswell 

Halifax 

Chatham 

Halifax 

Beaufort 

Halifax 

Warren 

Northampton 

Warren 

Mecklenburg 

Warren 

Wake 

Wake 

kincoln 

Granville 

Wilson 

Buncombe 

Mecklenburg 

Davidson 

Guilford 

Haywood 

Franklin 

Wake 

Granville 

Lee 

Beaufort 



Term 

1777- 

1779- 

1782- 

1792- 

1795- 

1803- 

1808- 

1810 

1810- 

1816- 

1825- 

1828 

1828- 

1835- 

1841- 

1842- 

1846- 

1848- 

1851- 

1853- 

1855- 

1857 

1857- 

1863- 

1868- 

1869- 

1870- 

1873- 

1877- 

1885- 

1893- 

1897- 

1900- 

1901- 

1909- 

1917- 

1925- 

1935- 

1938- 



1779 
1782 
1791 
1795 
1803 
1808 
1810 

1816 
1824 
1828 

1834 
1841 
1842 
1846 
1848 
1851 
1852 
1855 
1856 

1862 
1868 
1869 
1870 
1873 
1877 
1885 
1893 
1897 
1900 
1901 
1909 
1917 
1925 
1935 
1938 
1955 



270 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

State (continued) 

Name Residence Term 

William B. Rodman, Jr. ^° Beaufort 1955-1956 

George B. Patton^^ Macon 1956-1958 

Malcolm B. SeawelF Robeson 1958-1960 

Wade Bruton*^^ Montgomery 1960-1969 

Robert Morgan^'^ Harnett 1969-1974 

James H. Carson, Jr.^5 Mecklenburg 1974-1975 

Rufus L. Edmisten^^ Wake 1975-1985 

Lacy H. Thornburg^' Jackson 1985-1993 

Michael E Easley^*^ Brunswick 199 3 -Present 

Colonial 

' Durant 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 Jenkins 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 Wilkinsons service as attorney general except that he was 
suspended from office m 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 Eebruary 1696, 
court. 

^ Plater was appointed by Governor Harvey and qualified before the court. He was 
still serving in October, 1703. 

^ When Gale was appointed is not known. The first record of 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 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, hovv^ever, he 
was no longer in office. 



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NORTH CAROLINA MANUAL 1999-2000 



10 



Richardson was apparenily appomled by Governor Eden somelime during the 
summer of 1714. He qualified before the General Court on October 26, 1714 and 
served until 1724 u'hen he was replaced by Little. 

" Worleys 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 Carolina, 11, 
140. 

'- Instructions issued to Governor Burrington by the Lords Proprietors indicate that 
James Stanaway was appointed attorney general; however, there is no evidence to 
indicate that he served. 

'^ 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 qualifted 

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 c^uaUhed before 

the council. He served until Little took over m 1725. 
^^ Connor was appointed by Governor Burrington and qualihed 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 m 
November. He continued serving until 1741 when he was appointed acting chiel 
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, 1734. 

^'^ 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 ciualified before the council and 

continued serving until Child took office m 1747. 
-' Child was appointed by the crown and qualified on May 16, 1747. He 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 1756. 



272 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^^ Elliot was appointed by Governor Dobbs to replace Nicholas and apparently 
qualified before Dobbs. He only served a few months before he died. 

^"* Jones was appointed by Governor Dobbs to replace EUiott and presumably qualified 
before him. He served until Child took over m 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 1767. 

^^ 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, 1779. 

^•^ 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. 

^^ Burton resigned November 21, 1816. 

^^ Drew was elected to replace Burton and resigned in November, 1824. 

^'^ Taylor was elected to replace Drew and died in late June, or early July, 1828. 

■*" Jones was appointed by governor with the advice and consent of the council to 
replace Taylor. 

'^' Saunders was elected to replace Taylor. On December 16, 1834 a resolution was 
passed in the House of Commons declaring that the office of Attorney General was 
vacant because Saunders held a commission from the federal government, which 
was in violation of Chapter 6 of the Laws of 1790. (The law prohibited dual office 



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NORTH CAROLINA MANUAL 1999-2000 

holding by a public ollicial 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 fiouse 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 m 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 regular term 
and resigned m May, or June, 1851. 

"*■' 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 ad\ice and consent of the council 
to replace Ransom. He resigned November 26, 1856. Council Minutes, May 25, 
1855, Council Journal, 1855-1889; Batchelor to Bragg, November 26, 1856, Bragg 
Letter Book, 1855-1857, 600. 

"**^ Bailey was elected by the General Assembly to fill the unexpired term of Batchelor. 
Commission dated January 5, 1857, Commission Book, 1841-1877. 

■^^ Jenkins was elected to replace Ransom. The office, however, was declared \acant 
on December 8, 1862 because Jenkins had accepted a commission m 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 m April, 1868 and ser\'ed until his 
resignation on May 29, 1869. 

^^ Olds was appointed by Governor Holden on June 1, 1869 to replace Coleman. At 
the State Republican Party Convention in 1870, he was defeated for nomination 
by Samuel k Phillips. 

''^ Shipp 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. 



274 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

■'^ Douglas was appointed by Governor Russell on November 24, 1900 to complete 
Walsers term. 

5^ 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 following 
subsequent re-elections until his death on February 5, 1935. 

^^ Seawell was appointed by Governor Ehrmghaus 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. 

5*^ McMullan was appointed by Governor Hoey on Apiil 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 subsequent 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 2 1 , 1 9 5 6 , to replace Rodman . 
He was elected in the general elections in 1956 and served until his resignation 
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 Pattons unexpired 
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 Morgans term. 

He was elected to a full term in 1976 and served following subsequent re-elections 

until 1985. 

^'' Thornburg was elected in the general elections in 1984. 

^^ Easley was elected in the general elections of 1992 and re-elected in the 1996 
elections. 



61 



62 



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NORTH CAROLINA MANUAL 1999-2000 



Department of Agriculture and Consumer Services 

The Civil War dcvaslaled North CaroUnas economy. Agricullure, the mainstay of 
the states slightk more than cme million people, was severely stricken. Crop quality 
tended to be poc>r and market prices low. A system of farm tenancy developed leadirig 
to smaller tarms and decreased efticiency. 

In an etfort to tight these and other problems, farmers joined such organizations 
as the Patrons ol Husbandry (the Grange) and the Farniers' Alliance. These populist 
groups gave farmers a united political voice, but were unable to solve many of the 
problems plaguing the states agricultural economy The solution for the majority of 
farmers was to establish a state government agriculture department. 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 m 1868 
when North Carolinians approved a new state constitution. The constitution prox'ided: 
"There shall be established in the Office of the Secretary of State a Bureau ol 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 convention, 
delegates approved a petition calling upon the General Assembly to "establish a 
Department ol Agriculture, Immigration, and Statistics under such regulations 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 Agricultures (NCDA) activities. One of the boards first tasks was to 
select a commissioner to act as the departments administratue head. 

Colonel Leonidas LaFayette Polk of Anson County, a Civil War hero who had 
also been instrumental in the departments establishment, was named the hrst 
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 morlahty 
rates caused by dogs. 

Seek the causes of diseases among domestic animals, quarantine sick 
stock, and regulate transportation of all animals. 

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. 



276 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Work with the United States Fish Commission in the protection and 
propagation of fish. 

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 departmeni 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 NCDAs first official home was the second story of the Briggs Building on 
Fayetteville Street m downtown Raleigh. Other department employees were located 
at the Agricultural Experiment Station in Chapel fiill 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 NCDAs 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 responsibiUties 
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. 

The state Board of Agriculture is still the poUcy-making body of the department. 
It has 10 members, with the Commissioner of Agriculture serving as ex-officio chair. 
The departments name was modified in 1997 to include "and Consumer Services" in 
order to better reflect the modern role of the agency. 

Agriculture is North Carolina's No. 1 industry generating more than $5 billion in 
revenues annually One out of every five jobs in North Carolina is agriculturally-related. 
Twenty-eight percent of the gross state product comes from agriculture. 

North Carolina is the third most agriculturally diverse state in the nation and ranks 
first in the production of sweet potatoes, tobacco and turkeys. It ranks second nationwide 
in hogs, cucumbers for pickles, trout, poultry and egg products; fourth in commercial 
broilers, peanuts, blueberries, and rye; sixth in hurley tobacco; seventh in apples and 

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NORTH CAROLINA MANUAL 1999-2000 

greenhouse and nurser}' sales; eighth in slrawbernes, peaches and watermelons; ninth 
in eggs; and tenth m cotton. Following are the various di\isions of the N.C. Department 
of Agriculture and Consumer Senices and the services the)' offer: 

Agricultural Statistics Division 

Even though the N.C. Department of Agriculture and Consumer Services" original 
title included "statistics," the intent was mainh' to collect statistics relating to farm 
fences. Commissioner Polk did try sending iorms to larmers asking them to list then- 
taxable assets and their crop production. Most forms, though, were never returned 
and the few that came m were, for the most part, incomplete. 

By 1887, It was apparent to Commissioner John Robinson that a statistical ser\ice 
was needed. In that years Biennial Report he wrote: "The means of acc[uiring statistical 
information are very inadequate. Such information is one ol the necessities of the 
times. There are frec[uent calls upon this office for such statistics, the applicants 
thinking that we had the information for distribution, and they were warranted m 
expecting to find correct information in regard to agricultural products m this office."" 

In 1916, Frank Parker, a representative of the Federal Crop Reporting SerMce, 
began statistical work in cooperation with the NCDA & CS. 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 m 1918. 
It became state law m 1921. The Agricultural Statistics Division maintains county, 
state and federal crop and lix'estock statistics and rankings. It also assesses weather- 
related agricultural losses, such as those sustained through drought and fioods. 

Agronomic Services Division 

The North Carolina Department ot Agriculture and Consumer Services 
demonstrated an interest in soils from its earliest vears. Much ot the soil work was 

J 

conducted by the Office of the State Chemist. This office worked with the U.S. Bureau 
of Soils m surveying the soils ot each county and collecting samples tor analysis. In 
addition to chemical analysis, the office set up plot tests on each important soil type 
m 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 lor analysis and to furnish them with mtormation 
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 nutrients and 
nematodes. In 1993, nearly 3.2 million determinations were made from soil, plant, 
waste, solution and nematode samples. Soil management recommendations are made 
to improve crop production efficiency while also protecting the environment. Regional 



278 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 hrst elected commissioner, Samuel L. Patterson, the department took 
on more regulatory duties. One of these was administration of the Pure Food Law, 
which the General Assembly passed in 1899. The law was intended to prevent 
adulteration 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. 

Catde 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 filler. 

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 agricultural 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 responded by passing the Insecticide, Fungicide, and Rodenticide Act of 
1947. Under this law, the NCDA & CS was charged with the registration of all pesticide 
brands to prevent mislabeling and adulteration. Examinations were made of pesticide 
labels to ensure that the percentage of each active ingredient and total inert matter 
were indicated and that other label statements were acceptable. In 1953, the 
department began licensing contractors and pilots for aerial application of pesticides. 

The Pesticide Law, passed in 1971, gave the NCDA & CS authority to hcense 
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 1971 law also provided for a seven-member Pesticide 
Board which acts as a policy-making body. 

The Food and Drug Protection Division assures consumers that foods, feeds, 
drugs, cosmetics, pesticides and automotive antifreezes are sale, 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. 



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NORTH CAROLINA MANUAL 1999-2000 

Food Distribution Division 

In K)44, the deparlmenl began a cooperative effort with the U.S. Department of 
Agriculture (USDA) to receive and distribute surplus agricultural commodities. Such 
commodities as evaporated milk, potatoes, beets, eggs and grapefruit juice were sent 
to public schools for supplementing meals. Not only did schools beneht from serving 
low cost meals, but the program helped hold agricultural prices at or above levels 
acceptable to producers. 

Food Distribution provides 14 cents per plate in value in USDA commodities to 
700,000 school children each day. It received, stored and distributed $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 m Raleigh to Butner. The new offices are larger and will save m operational 
cost. The division has warehouses m Butner and Salisbury for storage and distribution. 

Marketing Division 

Initially called the Division of Cooperative Marketing when it was established in 
1913, the Marketing Divisions early work invoh'ed compiling lists of farm product 
dealers and finding markets for North Carolina sweet potatoes, butter and apples. A 
market news service was launched for cotton and cottonseed. Several years later the 
division began helping local farmers organize into cooperative marketing organizations. 
A popular project initiated in the early 1900s was publication of the Farmers Market 
Bulletin, later called Market News. The publication had articles on marketing 
conditions oi certain crops as well as agricultural items tor sale. 

The Marketing Division continues to promote the sale ol North Carolina products 
domestically and abroad. Staff work to develop and expand markets, report farm 
market prices on major commodities and determine and certify official grades ot 
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 m North Carolina" 
marketing program, which identihes Tar fieel products to consumers, has met with 
wide success and support. 

Other division responsibilities include operation of regional farmers markets in 
Asheville, Charlotte, Greensboro and Raleigh. A hfth market opened in Lumberton 
in 1999. The division has regional fruit and vegetable marketing offices in Elizabeth 
City, Kmston and Roseboro. The division also administers the N.C. Egg Law and the 
Farm Products Marketing and Branding Law. 



280 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Plant Industry Division 

Among the original duties given to the department were "investigations relative 
to the ravages of insects." Up until the late 1880s, however, department reports 
declared a "remarkable exemption of the crops of the State" from insect pests. The 
situation changed considerably around 1900 when pests such as the San Jose Scale, 
which attacked the states fruit orchards, began to move m. The San Jose Scale was 
called the "worst enemy of the deciduous fruits." 

The NCDA & CS responded to the crisis by hiring an entomologist to work in 
conjunction with the already-existing Commission for the Control of Crop Pests. An 
inspection program was launched, including nursery inspections. Nurseries found 
to have no pest problems were certified as pest-free. Another task of the entomologists 
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 m 
identifying pests for the public. 

In 1916, the NCDA & CS established a honey and bee program. The legislature 
authorized the division to investigate bee diseases and ways to improve the industry. 

The Plant Industry Divisions duties and responsibilities have expanded to include 
the total area of plant protection. Programs dealing with insects, weeds and diseases 
have become more sophisticated and incorporate such tools as integrated pest 
management and biological pest control. 

Staff examine fertilizer and seed for accurate labeling and product quality 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 & CS 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 division's most 
successful programs. The boll weevil had decimated the states cotton crop prior to 
program implementation m 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. 



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NORTH CAROLINA MANUAL 1999-2000 

Public Affairs Division 

The need lor communication between the NCDA &r CS and the public it served 
was evident from the departments beginning, hi 1877, Commissioner Polk started a 
weekly farm paper called The Farmer and N4echanic. This paper eventually became 
independeiit and was replaced by The Bulletin of the N.C. Department of Agriculture. 
The Bulletins iiiitial purpose u'as to inform farmers of tertilizer analysis so they could 
judge their money value. Soon, though. The Bulletin expanded into all areas of 
agricultural production. It became necessary to hire a bulletin superintendent. 

In 1914, an mlormation olfice was established to coordmate a news service for 
the NCDA & CS and the N.C. State Agricultural & Engineering College (N.C. State 
Umversityy This arrangement ended in f 925 when the Agricultural Extension Ser\ice, 
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, die 
media and the department. The division manages public relations for the N.C. State 
Fair and coordinates enshnnement ceremonies for the N.C. Agricultural Hall ot Fame. 
Division personnel also write speeches and news releases. 

Research Stations 

Created in 1877 by the same act that created the NCDA & CS, the Experiment 
Station m Chapel fiill was the hrst such center dex'oted 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 tertilizers 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 fiiUsborough Street in 
Raleigh, and the job of clearing land, laying out test plots and constructing buildings 
began. The station was transferred from the NCDA & CS 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 college. In 
establishing the A&M College, the General Assembly had provided that the college 
would receive all land-grant benefits. 

While the NCDA 6? CS maintained its associations with the station, it shilted its own 
efforts to establishing test farms in various locations statewide. The purpose was to 
experiment with different crop-fertilizer-soil combinations to find the most suitable for 
certain areas. The first two research stations were in Edgecombe and Robeson counties. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Today, 1 5 stations are conducting research on farming practices, livestock, 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 ReidsviUe. The N.C. Department of Agriculture and 
Consumer Services and N.C. State University operate the stations cooperatively The 
NCDA & CS owns nine stations 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, teachmg and demonstration purposes. The 
Center for Environmental Farming Systems at Cherry Farm in Goldsboro was 
dedicated in February, 1994. Organic, no-till optimized yields and sustainable 
agriculture methods are 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 appUed to gasoline and other liquids used for heating 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 quality specifications and gasoline pumps are tested for octane levels 
and accuracy. Liquid petroleum gas and anhydrous ammonia installations are checked 
for compliance with safety codes. 

The Standards Division is responsible for testing commercial weighing and 
measuring devices, such as scales, to ensure accuracy. Bar code scanners, such as 
those employed in retail stores, are also checked. The division is also responsible for 
providing precision mass, volume, temperature and length standard calibrations. 

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. 



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NORTH CAROLINA MANUAL 1999-2000 

The Slate Agricullural Society asked the city and state lor help m 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 & CS's 
administration. For a few years the departnient leased out the operation commercially, 
hut in 1937, Commissioner Kerr Scott decided that the NCDA & CS should manage 
the fair directly Dr. J. S. Dorton was chosen as manager and the fair ftrst began to 
show profits. 

The State Fair has become North Carolinas biggest event, attracting about 750,000 
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 e\'enls — including the Dixie Deer Classic, 
Southern Farm Show and horse shows — are held m the buildings. 

Structural Pest Control Division 

Public concern for the unethical practices of some exlernrinators 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 & CS responsibility for inspecting 
extermination work. 

In 1967, the law was revised, abolishing the commission and creating a Structural 
Pest Control Division in the NCDA & CS. The division, which oversees 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 & CS called for animal 
health protection, it was 1898 before a state veterinarian was appointed. Chosen for 
the position was Dr. Cooper Curtice of Columbia Veterinary College. Dr. Curtice 
launched an investigation of the cattle tick and was able to show that the parasite was 
a carrier of Texas fever. Not only was this the first step toward eradication ot the 
fever; it was also the first time anyone had proven that parasites are capable oi 
transmitting disease in mammals. Curtice's work set the pattern tor similar 
investigations into human diseases. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Another threat to hvestock at the time the veterinary program began was hog 
cholera, which had first been reported in the state m 1859. By 1877, it was killing 
one out of every nine hogs each year. Containing and eradicating the disease took 
many years of effort by the Veterinary Divisions staff. 

In the early days, the state veterinarian was not only concerned with animal 
protection, but also with livestock promotion. The idea was that more livestock would 
miprove soil fertility and better livestock would increase profit. Eventually this 
responsibility was given to the NCDA &r CSs Marketing Division. 

In 1925, the department was charged with supervising slaughtering and meat- 
packing establishments m North Carolina. This service was not compulsory at that 
tmie, 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 laboratories have been set up 
across the state to serve farmers, practicing veterinarians, 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 tuberculosis in cattle. 

Other Divisions 

Other divisions of the NCDA & CS coordinate the department'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, environmental 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 & CSs business affairs, including 
preparation and management of operating and capital improvement 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 & CS in 1971. The Personnel Division is 
responsible for providing support to the NCDA & CSs divisions in the areas of 
personnel administration including recruitment, interviewing and placement, 
personnel records management, policy development and more. 



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NORTH CAROLINA MANUAL 1999-2000 

Agriculture-Related Boards and Commissions 

Aquaculturc Advisory Board 

Board of Crop Seed Improvement 

N.C. Public Livestock Market Advisory Board 

Pesticide Advisory Committee 

N.C. Grape Growers Council 

Northeastern N.C. Farmers Market Advisory Board 

Southeastern N.C. Farmers Market Commission 

Southeastern N.C. Farmers Market Advisory Board 

Grading Service Advisory Committee 

Tobacco Research Commission 

For funher information about the N.C. Department of Agriculture, call (919") 
733-7125 or visit the departments Web site at wva\'. agr. state . nc . us . 



James Allen Graham 

Commissioner of Agriculture 

Early Years 

Born m Cleveland, Rowan County, April 7, 1921, 
to James Turner and Laura Blanche Allen Graham. 

Educational Background 

Cleveland High School, 1938; B.S. m Agriculture 
Education, N.C. State College, 1942. 

Professional Background 

Farmer Cowner 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); elected, 1964; re- 
elected 1968, 1972, 1976, 1980, 1984, 1988,1992 and 1996; Democratic Party 




286 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Organizations 

Member, Phi Kappa Phi Honorary Fraternity; N.C. Grange; Farm Bureau, N.C. Farm 
Managers and Rural Appraisers; N.C. Cattlemen's Association; National Association 
of Producer Market Managers (Board of Directors; Past President); N.C. Soil 
Conservation Society; N.C. Branch, United Fresh Fruit and Vegetable Association 
(Board of Directors, secretary, 1959-1964); N.C. Sheep Breeders Association (Board 
of Directors, 1949-1953); National Association of State Departments of Agriculture 
(President, 1979; Board of Directors, 1969-70; 1976-1981); President, Southern 
Association of State Departments of Agriculture, 1969; 32nd degree Mason; President, 
Raleigh Kiwanis Club, 1965; WOW (Board of Directors; Executive Committee); 
Raleigh Chamber of Commerce (Board of Directors); President, Northwest Association, 
N.C. State Alumni Association (Vice President, Wake County Association); President, 
Jefferson Rotary Club, 1951-1952; Executive Secretary, Hereford Cattle Breeders 
Association, 1948-1956 (first full-time Secretary 1954-1956). 

Boards and Commissions 

Council of State Member; Robert Lee Doughton Memorial Commission; Board of 
Tmstees, 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; Governors Council on Occupational Health; 
Governors Council for Economic Development; State Committee on Natural 
Resources; State Emergency Resources Management Planning Committee; Governors 
State-City Cooperative Committee; FCX Advisory Committee; Presidential Board of 
Advisors, Campbell University; Governors 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 Graham (deceased), October 30, 1942. Two children. Seven 
grandchildren. Member, First Baptist Church of Raleigh. 

287 



NORTH CAROLINA MANUAL 1999-2000 



Commissioners of Agriculture^ 




Name 


Re,sicle/u"C 


Lconidas L. Polk- 


Anson 


Moniford McGhec' 


Caswell 


John RobinsotT^ 


Anson 


Samuel L. Pauerson"' 


Caldwell 


James M. Newborne" 


Lenoir 


John R. Smith' 


Wa)Tie 


Samuel L. Patterson'^ 


Caldwell 


William A. Graham" 


Lincoln 


William A. Graham, Jr.'" 


Lincoln 


William Kerr Scotl" 


ALimance 


David S. Coltrane'- 


Wake 


Lynton Y. Ballenline'' 


Wake 


James A. Graham'^ 


Rowan 



Icrm 

1877- 

1880- 

1887- 

1895- 

1897 

1897- 

1899- 

1908- 

1923- 

1937- 

1948- 

1949- 

1964- 



1880 
1887 
1895 
1897 

1899 
1908 
1923 
1937 
1948 
1949 
1964 
Present 



The Department of Agriculture was created by the General Assembly of 1876-77. 
In the bill creating the department, provisions were made for a Board of Agriculture 
whose members were to be appointed by the governor. The boards membership 
was then to elect a Commissioner of Agriculture, who would serve as head of the 
department. This arrangement continued until 1900, when the commissioner was 
elected by the General Assembly. In the General Assembly of 1899, a bill was 
passed which provided tor the electing oi the Commissioner ol Agriculture in the 
general elections. 

Polk was chosen by the Board of Agriculture on April 2, 1877, and served until his 
apparent resignation m 1880. 

McGhee was apparently chosen by the Board oi 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, 1897, (to take office June 15, 
1897) and served until his resignation effective January 1, 1898. 

Smith was elected by the board on December 14, 1897 ,(to take office January 1, 
1899) to complete the term of Mewborne. 

Patterson was elected by the General Assembly on March 6, 1899. He was elected 
in the general elections in 1900 and served following re-election in 1904 until his 
death on September 14, 1908. 



288 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

'=' Graham was appointed by Governor Glenn on September 16, 1908, to replace 
Patterson. He was elected in the general elections in 1908 and served following 
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 m 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 following 
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 following subsequent 
re-elections. 



11 



12 



13 



14 



289 



NORTH CAROLINA MANUAL 1999-2000 

Department of Labor 

The Consiiuuion ol North Carolina provides for ihe eleclion by the people every 
four years of a Commissioner ol Labor whose term ol ofliee runs coneurrently with 
that of the governor. The eommissioner is the administrative head of the Department 
o\ Labor and also serves as a member ol the Couneil ol State. 

The original "Bureau o^ Labor Statistics," the historical precursor of the present 
N.C, Department oi Labor, was created by the General Assembly of 1887, with 
provision for appointment by the governor ol a ''Commissioner ol Labor Statistics" 
for a two-year terni. In 1899 another act was passed providing that the commissioner, 
beginning with the general eleclion of 1900, be elected by the people for a four-year 
term. 

For three decades, the department over which this newly-elecled commissioner 
presided remained a x'cry sniall agency of state government with limited duties and 
personnel. In 1925, the department emplo)'ed a total ol 15 people. In a general 
reorganization of the states labor administration lunctions m 1931, the General 
Assembly laid the broad groundwork for the Department ol Labors subsequent, 
gradual development into an agency administering laws and programs affecting a 
majority of North Carolina citizens. 

Today, the North Carolina Department ol Labor is charged by statute with 
promoting the "health, safely and general well-being" ol the slates more than three 
million worf;ing people. The man)' laws and programs under its jurisdiction allect 
virtually every person m the state m one way or another. The General Statutes provide 
the commissioner v\'ith broad regulatory and enlorcement powers with which to 
carry out the departments duties and responsibilities to the people. 

The departments principal regulatory, enforcement and promotional programs 
are carried out by 13 bureaus, each headed by a bureau chieL These include the 
Apprenticeship and Training Bureau; the Boiler Safety Bureau; the Ekn'ator 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 hve different bureaus; and the Training Initiatives Bureau. 
Support services are handled b)- the Budget and Management, Human Resources and 
Communications divisions, along with the Information Technology and Publications 
bureaus, the departmental library and the legal aflairs olHce. 

Five statutory boards assist the commissioner with policy development and 
program planning. These are the Apprenticeship Council; the N.C. Board ol Boiler 
and Pressure Vessel Rules; the Mine Safety and Health Advisory Council; the Slate 
Advisory Council on Occupational Safety and Health; and the Private Personnel Service 
Advisory Council. The Industry Advisory Board and the Agricultural Safety and Health 
Council also advise the commissioner. 



290 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Occupational Safety and Health Re\iew Board is a separate unit independent 
of the Department of Labor. The board hears appeals of citations and penalties imposed 
by the OSH Division. Its members are appointed by the governor. The Department 
of Labors 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. 

By 2000, over 9,000 citizens were enrolled in these private industry-supported 
programs, which are authorized under a 1939 state law enacted "to relate the supply 
of skilled workers to employment demands." Apprenticeship programs are established 
with private employers or under the sponsorship of joint labor-management 
committees. 

This bureau encourages high school graduates to pursue apprenticeship training 
as a means of acquiring steady, fulhlling employment that offers excellent wages and 
career-development potential. Apprentices begin at a fixed percentage of journeyman 
pay and receive planned wage increases as they learn new skills. Apprenticeships 
combine structured on-the-job training with related technical training furnished by 
the individual employer or at a 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 training under 
approved apprenticeship agreements. The bureau establishes standards, approves 
apprenticeship programs which meet established criteria, 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 Uniform Boiler and Pressure 
Vessel Act. This 1976 law expanded coverage of earlier statutes that had existed since 
1935. The bureau regulates the construction, 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 company 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 equipment is 
found to be m compliance with the act. More than 90,000 boilers and pressure vessels 
are currently on record with the division. 



291 



NORTH CAROLINA MANUAL 1999-2000 

Elevators and Amusement Devices 

The Elcxalor and Anuiscnicni Devices Bureau is respc^nsible for the proper 
insiallalion and sale operation oi all elevators, escalators, workman's hoists, 
dumbwaiters, mox'ing walks, aerial passenger tramways, amusement rides, incline 
railways and lilting dexices tor persons with disabilities that operate m public 
establishments (except lederal buildings) and priwtte places of employment. 

More than 28,000 inspections are conducted annually by this bureau, which 
lirst undertook its periodic safety code inspection program m 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 bureaus jurisdiction (except amusement 
rides) must submit blueprints and applications for approx'al before any installation is 
begun. An)' company or person wanting to operate amusement de\ices is required to 
submit a location notice in writing to the bureaus Raleigh ofhce at least fi\'e (5) days 
prior to the intended date ol operation. 

Once notified through the permit application or location notice processes, 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 ec[uipment, 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 prixate individuals who desire 
technical assistance m 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 
ot elevators and related equipment. 

Employment Mediation 

The Employment Mediation Bureau directs the departments efforts to resolve 
conflicts between employees and management in the workplace. Created by the 
General Assembly in 1941, the bureau seeks to broker voluntary, amicable and swift 
settlements of disputes between employers and employees, disputes that otherwise 
would likely result in strikes, work slowdowns or lockouts. The bureaus serxices 
include: 

Mediation: Upon application by both parties, the Commissioner of Labor will 
assign a mediator to assist the parties m their collectixe bargaining process. This 
effort IS voluntary and does not bind the parties in an\- way legally 

Conciliation: When tliere is an imminent or existing labor dispute, the 
commissioner may assign a conciliator to help adjust and settle the differences between 
the parties. The conciliation effort has no binding fegal effect upon the parties. 



292 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Arbitration: In 1927, North Carolina was one of ihe 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 qualihed 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. 

Labor Standards 

The Labor Standards Bureau administers and enforces the 1979 North Carolina 
Wage and Hour Act, which consoUdated 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 benehts, cover all employees in North Carolina except those 
employed in federal, state and local governm.ent. 

Since 1997, the state minimum wage has tracked changes m the federal minimum 
wage. Currently that wage is $5.15 per hour. An employee must work for more than 
40 hours in any work week to qualify for overtime under state laws. 

Youth employment certihcates are required for workers aged 14 through 17. 
This age group is prohibited from being employed in certain hazardous occupations. 
There are daily and weekly hours restrictions, break requirements, and additional 
work limitations for 14 and 15-year-oId workers. Youth aged 12 and 13 may be 
employed for newspaper delivery only, for which a youth employment certificate is 
not required. Employment for youth under age 12 is not permitted. Full and partial 
exemptions from the youth employment requirements under the act are granted for 
certain occupations, such as those in agriculture and domestic work. 

The 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. 



293 



NORTH CAROLINA MANUAL 1999-2000 

The bureau also enlorees ihe Retaliatory Employment Discrimination Act. This 
new law protects employees who in good faith iile or initiate an inquiry m relation to 
workers compensation claims, or exercise their rights under the states Occupational 
Safety and fiealth Act, the Mine Safety and HIealth Act, or the Wage and Hour Act. 

Inx'estigators from this bureau impartially examine all written complaints hied 
with the department under the act. If a complaint does not have merit, a right-to-sue 
letter is issued to the complainant, who may then pursue the claim through litigation. 
If the complaint is found to be valid by the 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 program of inspections, education and training, 
technical assistance and consultations to implement provisions ol the act. 

Previous North Carolina law on the operations and inspection of mines and 
quarries m the state dates back to 1897. In 1977 the U.S. Congress enacted the 
federal Mine Safety and Health Act, requiring mine and quarry operators to meet 
specihc standards designed to achieve safe and healthful working conditions for the 
industry's employees. 

The Mine and Quarry Bureau assists operators in complying v^ith the provisions 
of the federal act, which requires them to tram 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 divisions jurisdiction. 
There also are approximately 300 public sector mines m North Carolina operated by 
the N.C. Department of Transportation. These mines are not under Department of 
Labor jurisdiction, but personnel from public sector mines do participate in training 
programs conducted by the Mine and Quarry Bureau. 

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 ot 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 Us Safety 
Compliance and Health Compliance bureaus, conducts more than 4,000 inspections 
a year. The division conducts investigations of complaints made by workers, 
investigations of work-related accidents and deaths, general schedule inspections of 



294 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 states 180,000 private 
businesses and public employers under its jurisdiction through its Consultative 
Services Bureau. The division also offers engineering and educational assistance 
through its Education, Training and Technical Assistance Bureau. By making full use 
of these non-enforcement services, employers may bring their establishments into 
full compliance 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 provided to 
migrant agricultural laborers to be registered with and inspected by the state. 

Pri\ate 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 
conducted under a 1929 statute until 1979, when the General Assembly enacted a 
completely new act. With the new law came additional protections for job applicants 
who use personnel and job-listing services that charge fees to applicants. 

The law specifies certain contract requirements between an applicant and a ser\'ice 
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. 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 programs 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 processes or tools. 



295 



NORTH CAROLINA MANUAL 1999-2000 

Labor-Related Boards and Commissions 

Apprenticeship Council 

North CaroHna 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 inlormalion on the N.C. Department o( Labor, call 1-800-LABOR- 
NC or visit the departments Web site at: www.dol.state.nc.us . 



Harry Eugene Payne, Jr. 

Commissioner of Labor 

Early Years 

Born m Wilmington, New Hanover County, on 
September 11, 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. 

Professional 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 Atlairs, 1993-Present; Chair, Literacy Tasklorce, Governors Commission 
on Workforce Preparedness, 1993-Present; First Vice-President, National Association 
of Government Labor Ofhcials, 1997-98; President, National Association of 
Government Labor Ofhcials, 1998-99. 




296 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Boards and Commissions 

Ad\asory 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 Avv'ard, f990, N.C. Public Health Association; Legislator of the 
Year, 1989, N.C. Association of the Deaf; Legislator of the Year, 1989, N.C. Academy 
of Trial Lawyers; Award of Appreciation, 1987-88, N.C. Speech & Hearing Association; 
Legislative Award, 1988, N.C. Chapter, American Planning Association; Susan B. 
Anthony Award, 1987, New Hanover Chapter of the National Organization of Women; 
Certificate of Appreciation, 1988, Boys Club of America; Friends of Labor Award, 
1987, American Federation of Labor-Congress of Industrial Organizations; Award of 
Appreciation, 1987, Wilmington Chamber of Commerce; Boss of the Year, 1988, 
American Business Women's' Association, Battleship Chapter; Outstanding 
Government Ofhcial, 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, on May 28, 1994. Two children. Lifelong Member, 
Grace United Methodist Church, Wilmington; Member, Avent Ferry United Methodist 
Church, Raleigh. 

Commissioners of Lahor^ 

Name 

Wesley N. Jones- 
John C. Scarborough^ 
William 1. Harris'* 
Benjamin R. Lacy^ 
James Y. Hamrick'' 
Benjamin R. Lacy'' 
Henry B. Varner*^ 
Mitchell L. Shipman 
Franklin D. Grist 
Arthur L. Fletcher^ 
Forest H. Shuford'^^ 
Frank Crane" 



Residence 


Tcim 


Wake 


1887-1889 


Hertford 


1889-1892 




1892-1893 


Wake 


1893-1897 


Cleveland 


1897-1899 


Wake 


1899-1901 


Davidson 


1901-1909 


Henderson 


1909-1925 


Caldwell 


1925-1933 


Ashe 


1933-1938 


Guilford 


1938-1954 


Union 


1954-1973 



297 



NORTH CAROLINA MANUAL 1999-2000 

Commissioners of Labor (continued) 

Name Residence Term 

William C. Creel'- Wake 1973-1975 

Thomas A. Nye, Jr.' ^^ Rowan 1975-1977 

John C. Brooks'^ Wake 1977-1993 

Harry E. Payne, Jr. '^ New Hanover 1993-Preseni 

' The General Assembly ot 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 1899 the General Assembly passed another 
act that allowed the General Assembly to elect the next Commissioner of Labor 
during that session. The legislation also mandated that future commissioners be 
elected in the general elections - beginning m 1900 - for a four- year term. 

- Jones was appointed by Governor Scales on March 5, 1887, tor a tvv'o-year term. 

^ Scarborough was appointed by Governor Fowle on February 15, 1889, for a two- 
year term. He was apparently re-appomted 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-appomted on March 13, 1895. 

*" Hamrick was appointed by Governor Russell on March 8, 1897 for a two-year 
term. 

' Lacy was elected b\' the General Assembl)- on March 6, 1899. 

^ Varner was elected in the general elections of 1900. 

" Fletcher was elected m the general elections ot 1932. He resigned eilective 
September 12, 1938. 

'^^ Shuford was appointed by Governor Hoey on September 12, 1938, to replace 
Fletcher. He was elected in the general elections ot 1938 and served following 
subsequent re-elections until his deatli on May 19, 1954. 

" Crane was appoitited by Governor Umstead on ]une 3, 1954, to replace Shulord. 
He was elected in the general elections of 1954. 

'- Creel died August 25, 1975. 

'' Governor Holshouser appointed Nye to hll Creel's unexpired term. 

'"* Brooks was elected in 1976 and served through 1992. 

'^ Payne was elected in 1992 and began serving as c(.-)mmissioner on January 11, 
1993. He was re-elected in 1996. 



298 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Insurance 

North Carolina's General Assembly established the N.C. Department of Insurance 
on March 6, 1899. The departments legal mandate mcluded licensing and regulating 
insurance companies operating within the states borders. Prior to the formation of 
the Department of Insurance, the N.C. Department of the Secretary of State had the 
responsibility of regulating the states insurance industry. 

The General Assembly itself selected the first Commissioner of Insurance, James 
R. Young of Vance County The General Assembly authorized a referendum to amend 
the states constitution m 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 
language in the insurance policies they issue and their risk classification 
systems. 

Requires that insurers and agents make periodic financial disclosures. 

Conducts audits of insurers to monitor their solvency. 

Licenses and regulates agents, brokers and claim adjusters. 

Prescribes and defines 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 department provides 
staff support to the North Carolina State Building Code Council, the Manufactured 
Housing Board, the North CaroHna Home Inspectors Licensure Board, the State Fire 
and Rescue Commission, the Pubhc Officers' and Employees' Liability Insurance 
Commission, the Arson Awareness Council and the Code Officials Qualifications Board. 

The department provides training for fire and rescue squad workers and 
certification of fire departments for purposes of fire insurance ratings. The Department 
of Insurance is divided into the following entities: 

299 



NORTH CAROLINA MANUAL 1999-2000 

Administration Division 

Ihis clix'ision pi"o\ides research lor the Commissioner of hisurance when selling 
policy and goals and priorities lor the Deparimeni of Insurance. The division also 
administers the departments budget and personnel operations. 

Public Services Group 

This group consists ot four separate divisions. The Agents Services Division 
regulates and issues licenses for insurance agents, adjusters, brokers and appraisers. 
The division additionally reviews license applications and licensing examinations 
and maintains a file on every licensed insurance professional doing business in North 
Carolina. 

The Consumer Services Division assists North Carolina consumers by answering 
iheir insurance ciuestions and resolving their insurance problems. A staff of consumer 
specialists advises and acquaints consumers with courses ol action the\- may pursue 
to resoK'e their particular insurance problem. 

The Special Ser\'ices Division is responsible lor licensing and regulating insurance 
premium linance companies, professional bail bondsmen and runners, collection 
agencies and motor clubs and in\'esiigating all complaints in\'olving these entities. 

The Investigations Division is responsible lor investigating criminal x'iolations of 
North Carolinas insurance laws. Requests lor investigations come Irom within the 
department, consumers, law entorcement agencies, local, state and federal agencies 
and insurance companies. 

Company Services Group 

The responsibilities ol the Financial Evaluation Division are to monitor the 
solvenc)' ol all insurance companies under the supervision ot the Commissioner of 
Insurance; to review and recommend tor admission oul-ot-slate, 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 
iinancial solvency and employee stability of self-insured workers compensation groups 
in the state. 

The Actuarial Services Division assists in the review of rale, form and statistical 
hiings. In addition, this division provides actuarial studies lor Imancial exaluaiion 
work and is involved in special projects and studies. 

The Intormaiion Systems Division manages the departments inlormation 
technology resources, including data processing, word processing, otlice automation, 
data communications and voice communications. 

The Administratix'C Supervision Division closely monitors the financial condition 
and operations ol domestic insurance companies to determine whether a troubled 
entity can be prevented from going into formal delinquency proceedings by returning 
the insurer to sound Imancial condition and good business practices. 

300 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Technical Services Group 

The Property and Casualty Division reviews homeowners, automobile, workers 
compensation and other personal, commercial property or casualty insurance pohcies, 
rates and rules. 

The Life and Health Division reviews rate, rule and policy form filings made by 
life and health insurance companies. The division also licenses third-party 
administrators (TPAs) and regulates companies selUng viatical settlements. 

The Market Examinations Division conducts on-site examinations of the market 
practices of domestic and foreign insurers and their representatives. 

The Managed Care and Health Benefits Division monitors and regulates the 
activities of health maintenance organizations (HMOs), preferred provider organization 
(PPO) health plans and multiple employer welfare arrangements (MEWAs). The 
divisions emphasis is on how the acti\dties of these arrangements affect North Carolina 
consumers. This regulation is carried out through on-site examination of company 
operations and review of company information regarding managed care. 

The Seniors' Health Insurance Information Program has trained thousands of 
adults m every North Carolina county to counsel other older adults in the areas of 
Medicare regulations. Medicare supplement insurance, 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. 

Office of the State Fire Marshall (OSFM) 

The Office of the State Fire Marshall has six divisions carrying out the 
commissioners responsibility as State Fire Marshall. The Engineering Division has 
primary responsibility for administering the state building code. This division also 
serves as staff to the North Carolina Building Code Council, the North CaroHna Code 
Officials Qualifications Board and the Home Inspectors Licensure Board. The division 
is divided into seven sections: code consultation, electrical, 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. 

The Manufactured Building Division works to ensure that construction standards 
for manufactured homes are maintained and that warranty obligations 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. 

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NORTH CAROLINA MANUAL 1999-2000 

The Stale Properly Fire Insuranee Fund Division administers the selt-insurance 
kind lor state-owned properly and vehieles and assists loeal governments with property 
and easuall)' insuranee programs. The program also prox'ides professional liability 
eoxerage lor law enlorcemeni olfieers, publie ofheials and employees of any political 
subdivision ol the stale. The program provides staff, administration and research 
services to the Public Ollicers and Employees Liability Insurance Commission. 

The Fire and Rescue Services Area, consisting of three di\'isions, administers the 
Firemens Relief Fund; develops and carries out training lor lire departments and 
rescue squads; provides staff to the Fire and Rescue Commission; and works to imprewe 
lire and rescue protection in the state in association with the North Carolina Firemens 
Association and the North Carolina Association oi Rescue Sc(uads. 

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 

For more information about the Department ol Insurances services, call Consumer 
Services at (919) 733-2032 or Toll-free (800) 546-5664. For specihc information on 
the departments programs lor senior citizens, call the Seniors Health Insurance 
Information Program at (800) 443-9354. You can also visit the N.C. Department of 
Insurances Web site at www.ncdoi.com/ncdoi. 



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. 




302 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Professional Background 

Attorney; Counsel to Speaker of N.C. House of Representatives, 1980-84; Partner, 
Long &r 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). 

Personal Information 

Married, Mary Margaret O'Connell Long. Two children. Seven grandchildren. 

Commissioners of Insurance^ 

Name 

James R. Young^ 
Stacey W Wade^ 
Daniel C. Boney"^ 
William P Hodges^ 
Waldo C. Cheek^ 
Charles F Gold'' 
Edwin S. Lanier"^ 
John R. Ingram" 
James E. Long"^ 

^ The General Assembly of 1 899 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 



303 



Residence 


Term 


Vance 


1899-1921 


Carteret 


1921-1927 


Surry 


1927-1942 


Martin 


1942-1949 


Moore 


1949-1953 


Rutherford 


1953-1962 


Orange 


1962-1973 


Randolph 


1973-1985 


Alamance 


1985-Present 



NORTH CAROLINA MANUAL 1999-2000 

Laws, 1899, Chapter 54.) In 1907, the General Assembly passed a bill which 
pro\'ided for the election ot the commissioner in the general elections, beginnmg 
in 1908. (Public Laws, Chapter 868). 

- Young was elected by the General Assembly on March 6, 1899. He was appointed 
by Goxernor Aycock in 1901 and served following re-appointment in 1905 until 
1908 when he was elected in the general elections. 

^ Wade was elected m the general elections of 1920 and served following re-election 
in 1924 until his resignation on November 15, 1927. 

"* Boney was appointed by GoN^^rnor McLean on November 15, 1927, to replace 
Wade. He was elected m the general elections of 1928 and served following 
subsequent re-elections until his death on September 7, 1942. 

^ Hodges was appomted by Governor Broughton on September 10, 1942, to replace 
Boney He was elected in the general elections of 1944 and served following re- 
election m 1948 until his resignation m 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 resignation effective 
October 15, 1953. 

' Gold was appointed by Governor Umstead on November 16, 1953, to replace 
Cheek. He was elected in the general elections of 1954 to complete Cheeks 
unexpired term. He was elected to a full term m 1956 and served following 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 m the general elections of 1962 to complete Golds 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. 

Lontz was elected in 1984 and was re-elected in 1988, 1992 and 1996. 



10 



304 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Administration 

The N.C. Department of Administration is often referred to as the "business 
manager" of state government. Created in 1957, the department provides numerous 
services for state government agencies. As the states business manager, the department 
oversees such operations as building construction, purchasing and contracting for 
goods and services, maintaining facilities, managing state vehicles, policing the State 
Government Complex, acquiring and disposing of real property and operating 
auxiliary ser\aces such as courier mail delivery and the sale of state and federal surplus 
property. The department offers still other services, 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 Department 
of Administration provides staff support to several councils and commissions 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 197 1 , to bring more efficient and effective management 
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's mission is to provide high- 
quality services effectively, efficiently and economically to its customers - the citizens, 
agencies and communities of North Carolina. The department is committed to quality, 
service, excellence, integrity. 

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 percentage 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 department 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 



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NORTH CAROLINA MANUAL 1999-2000 

Operations, The Depul\' Seeretary lor Iniernal Services and Programs, ihe General 
Counsel, the Assislani Secretary and the Public Information Officer. The department 
includes the following di\isions; 

Agency for Public Telecommunications 

The Agency for Pubfic Telecommunications operates public telecommunications 
facilities and proxides stale agencies with communications ser\'ices designed to 
enhance public participation m government. The agency operates a television and 
radio production studio that offers media production, teleconferencing and public 
serx'ice telecasts, such as OPEN/net. Programs are transmitted via cable, satellite and 
other communications technologies. 

Division of Veterans Affairs 

The Division of Veterans Affairs assists North Carofina 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 ot Fiscal Management accounts for all hscal actix'ity of the department 
in conformity with the requirements of the Office of State Budget and Management, 
the Office of State Controller, the Depart nieni of State Auditor and federal funding 
agencies. The office fifes timefy fmanciaf reports; invoices user agencies for central 
services; and recommends and administers fiscal poiicy within the department. 

Human Resources Management Office 

The Human Resources Management 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 ot Science and Technology. 
These services encompass all major areas of public personnel administration in 
accordance with the rec(uirements of the Slate Personnel Act. The Personnel Division 
is responsible for employee selection and recruitment, position management, training 
and development, employee and management relations and health benefits 
administration. 

Public Information Office 

The Pubfic Information Ofhce hefps the department enhance its communications 
with the people of the slate and other governmentaf agencies. Responsibilities include 
assistance with public inquiries, media relations, news releases, publications, graphics, 
editing, publicity, speech writing and counseling the secretary's executi\'e staff, division 
directors and employees on the best way to communicate with the public. 



306 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

State and Local Government Affairs Division 

The State and Local Government Affairs Di\asion works with local governments 
and their regional organizations. This division manages the Appalachian Regional 
Commission grant program, coordinates project reviews required by the state and 
national Environmental Protection Acts, and operates a project notification, review 
and comment system to provide information to state and local agencies and the public 
about projects supported with public funds. 

Motor Fleet Management Division 

The Motor Fleet Management Division provides passenger vehicles to state 
agencies for employees in the performance of their duties. This division is a receipt- 
supported operation that purchases, maintains, assigns and manages the States 
centralized fleet of approximately 5,500 vehicles and enforces state pohcy and 
regulations concerning the use of the vehicles. 

Purchase and Contract Division 

The Division of Purchase and Contract serves as the central purchasing authority 
for state government and certain other entities. Contracts are established for the 
purchase, lease and lease-purchase of goods and services required by state agencies, 
institutions, public school districts, community colleges and the university system. 
Those goods and services currently total nearly $1.2 billion each hscal year. 

Local governments, charitable non-proht hospitals, local non-profit community 
sheltered workshops, certain child placement agencies or residential child care 
facilities, volunteer non-profit fire departments and rescue squads may also use the 
ser\ices of the Division of Purchase and Contract. The division operates the Federal 
Surplus Property program, which acquires and donates available federal surplus 
property to eligible state recipients — government agencies, non-proht 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. 



307 



NORTH CAROLINA MANUAL 1999-2000 

State Property Office 

The Slate Properly Office is responsilile for slale governmenis acquisilion and 
disposition of all interest in real property whether by purchase, sale, exercise ol power 
of eminent domain, lease or rental. The otiice maintains a computerized inventory of 
land and buildings owned or leased by the State and prepares and maintains lloor 
plans for slate buildings. 

Governor's Advocacy Council for Persons with Disabilities 

The Gox'crnors Advocacx' Council for Persons with Disabilities pursues appropriate 
remedies, including legal action, on behalf of disabled citizens who teel they have 
suffered discrimination. This council also offers technical assistance regarding disability 
issues; prox'ides information on accessing Social Security disability benefits; promotes 
employment opportunities for disabled persons; and reviews poUcies and legislation 
relating to persons with disabilities. 

North Carolina Council for Women 

The North Carolina Council for Women advises the governor, the General 
Assembly and other state departments on the special needs ot women m North 
Carolina. This council works cooperatively with local womens organizations; develops 
innovative projects and policy initiatives; and conducts workshops and training to 
address womens needs. The council administers state and federal funds to local non- 
proht groups serving victims of sexual assault and domestic violence. Staff at its 
Raleigh headquarters and hve regional ofhces provide technical assistance to 
mdiNiduals and public/private agencies. 

North Carolina Commission of Indian Affairs 

The Commission of Indian Affairs advocates for the rights o^ Native American 
Indian citizens. 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 Natix'c American Indians to 
pursue cultural and religious traditions they consider sacred and meaningful. 

North Carolina Human Relations Commission 

The Human Relations Commission pro\-ides services and programs aimed at 
improx'ing relationships among all citizens of the state, while seeking to ensure equal 
opportunities in the areas of employment, housing, public accommodation, recreation, 
education, justice and go\'ernmental services. The commission also enforces the North 
Carolina Fair Housini^ Law. 



308 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Youth Adxocacy and Inxohement 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 recommendations to the governor, 
the General Assembly and other policy-making groups. 

Facility Management Di\ision 

The Facility Management Division provides preventive maintenance and repair 
services to the State Government Complex and some facilities used by government 
workers in outlying areas. Services include construction; renovation; housekeeping; 
landscaping; steam plant, HVAC and elevator maintenance; pest control; parking 
supervision and lock shop operations. 

Management Information Systems Division 

The Management Information Systems Division provides a central resource of 
management consulting services with emphasis on improving operations, reducing 
costs, and impro\"ing service delivery for all divisions m the Department. This office 
develops integrated data processing plans, and provides implementation guidance, 
consultation and assistance to the department. 

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 facilities, investigates crimes committed on state property, and monitors burglar 
and fire alarms. 

Historically Underutilized Business (HUB) Office 

HUB serves as an advocate for businesses owned by minorities, women and 
persons with disabilities in their efforts to conduct business with the State ot North 
Carolina. The Hub Office provides vendors access to on-line vendor registration, 
conducts on-line HUB certification and provides technical assistance and training on 
how to conduct business with government purchasing and construction arms. Its 
core functions include increasing the amount of goods and services acquired by the 
state from HUBs; ensuring the absence of barriers that reduce the participation of 
HUBs; and encouraging state purchasing offices to identify prospective HUB vendors 
and service providers. 



309 



NORTH CAROLINA MANUAL 1999-2000 

Mail Service Center 

rhc MSC IS a lull-service, centralized mail operation for state government that 
includes the processing and delivery of outbound and inbound U.S. mail and interoffice 
mail lor state offices in Wake County and courier mail services for state agencies, 
community colleges, public school systems and the university system in all 100 
counties. Located off Blue Ridge Road m Raleigh, the Mail Service Center is the result 
ol the consolidation of 26 mailrooms out ot 39 in state government in Raleigh as of 
July 199Q. 

Domestic Violence Commission 

This commission is the states iirst permanent commission to coordinate strategy 
policy programs and services to combat domestic violence. Gov Jim Hunt created 
the commission by executive order to improve the states response to domestic violence. 
The commissions purposes are to assess statewide needs related to domestic \aolence, 
assure that necessary services, policies and programs are provided to those m need; 
coordinate and collaborate with the N.C. Council on Women and to strengthen the 
existing Domestic Violence Center Fund and establish new domestic violence 
programs. 

State Parking System Office 

This ottice is responsible tor planning, developing and implementing parking in 
the State Government Complex, which includes over 8,000 spaces and three visitor 
lots. The ofhce also administers the state employees' commuting program in the 
downtown coniplex and works closely with parking coordinators m the various state 
government departments. 

Division of Non-Public Education (DNPE) 

This division serves as a liaison between state government, con\'entional private 
elementary and secondary schools, home schools and the general public. DNPE 
provides oversight to North Carolinas private elementary and secondary schools. 
The division is responsible for verifying, by periodic inspection ol certain school 
records, that all such schools meet statutory requirements. DNPE maintains current 
statistical data on each private elementary and secondary school in the state. That 
data IS published annually as the N.C. Duvctoiy oj Non-Public Schools. 

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 



310 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 

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 
Committee 

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, call (919) 
807-2425. You can also visit the department's Web site at www.doa. state. nc.us/DOA . 



311 



NORTH CAROLINA MANUAL 1999-2000 




Katie G. Dorsett 

Secretary of Administration 

Early Years 

Born in Shaw, Mississippi, Jul)' 8, 1Q32, lo Willie 
and Elizabeth Gravs. 

J 

Educational Background 

Soiuhern Christian Insiitule, 1949; B.S. in 
Business, Alcorn Stale University, 1953; M.S. in 
Business Education, Indiana University, 1955; 
Ed.D. m Curriculum and Instruction, University 
of North Carolina at Greensboro, 1975. 

Professional Background 

Secretary ol the N.C. Department of 

Administration, 1992-Present; Guilford County 

Board of Commissioners, Member, 1986-92; Greensboro City Council Member, 1983- 

86; Associate Professor, School of Business and Economics, N.C. A&T State University, 

1955-87; Business Teacher, 1953-54, Coahoma Junior College. 

Political Activities 

Secretary of the N.C. Department of Administration, 1992-Present; Member, 
Democratic Party 

Organizations 

Board ot Trustees for Guilford Technical Community College; Board of Directors ol 
National Association ot Counties; N.C. Association of County Commissioners; 
Greensboro Tourism Authont)'; Guilford Count)' Board of Health; Greensboro National 
Bank; Member, National Association of Counties; Health Steering Committee; Member, 
League ol Women Voters; Life Member, NAACP 

Boards and Commissions 

Chair, N.C. Public Employees Deferred Compensation Plan; Secretary, Information 
Resource Management Commission; Ex Ofhcio Member, N.C. Commission on Indian 
Alfairs; Ex-Ofhcio Member, Internship Council; Ex Officio Member, Board of Public 
Telecommunications; Member, N.C. Fund for Children and Families Commission; 
Member, N.C. Capital Planning Commission; Member, N.C. Advisory Council on 
the Eastern Band ol the Cherokees. 

Personal Information 

Married, Warren Dorsett. Two children (one deceased). 



Secretaries of Administration 

Name RcsidciKc 

Paul A. Johnston' Orange 

David S. Coltrane- Wake 



Term 

1957-1960 

1960-1961 



312 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Secretaries of Administration (continued) 

Name Residence Term 

Hugh Cannon Wake 1961-1965 

Edward L. Rankin, Jr.^ Wake 1965-1967 

Wayne A. Corpening"* Forsyth 1967-1969 

WilHam 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 Grimsley^ Wake 1980-1981 

Jane S. Patterson'' Wake 1981-1985 

GraceJ. Rohrer^^' Orange 1985-1987 

James S. Lofton'^ Wake 1987-1993 

Katie G. Dorsett^- Guilford 1993-Present 

^ Johnston was appointed by Governor Hodges and served until his resignation 
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 November, 
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. 

'' Patterson served as acting departmental secretary when Grimsley took a leave of 
absence to serve as campaign manager for Governor Hunt. 

^ Grimsley resigned effective August 1 , 198 1 , following his appointment as secretary 
for the Department of Natural Resources and Community Development. 

'^ Patterson was appointed by Governor Hunt lo replace Grimsley. 

'" Rohrer was appointed by Governor Martin. 

" Lofton was appointed by Governor Martin. 

'^ Dorsett was appointed by Governor Hunt. 

313 



NORTH CAROLINA MANUAL 1999-2000 

Department of Commerce 

when il was established as pari of the Stale Ge^vernmeni Reorganization Ael of 
1971, the Department ol Commerce (DOC) consisted almost entirely of regulatory 
agencies and the Employment Security Commission. 

While those responsibilities continue to be a very important part of DOCs role in 
state gox'ernment, the department o\'er the years has evolved into the states lead 
agency lor economic, community and workforce development. The department 
promotes a wide variety ot opportunities to improve the economy of the entire Tar 
Heel State, rural and urban areas alike. Promoting tourism, exporting, film production, 
community revitalization and industry recruitment are some of the activities the 
department undertakes. The Secretary ol Commerce is appointed by the governor. 
Five assistant secretaries and two executive directors help with the departments 
operations. The departments operating budget currently totals more than $600 million 
and over 3,300 full-time stafl. Department functions include: 

The Assistant Secretary for Community Development directly administers the 
following programs: 

Division of Community Assistance 

The Division ol Community Assistance assists local go\'ernments across the state 
through economic development, community development, growth management and 
downtowii 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 helps cities maintain a thriving 
downtown through a lour-part self-help process inx'olving organization, promotion, 
design and economic restructuring. 

The Community Dex'clopment Block Grant Program is a lederally-lunded program 
that assists local governnients with communit)' and economic development projects 
that primarily benefit low- and moderate-income families. 

The Division of Community Assistance assists local governments with their 
planning and growth management needs. 

Energy Division 

The Energy Division is North Carolmas ollicial 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 policy and legislation. The divisions key responsibilities 
include promoting renewable energy and energy elticiency in every sector of the 
economy, preparing energy iorecasts and developing and updating North Carolinas 



314 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

energy emergency plans. This division also administers the Weatherization Program, 
which makes improvements to homes owned or occupied by low-income families in 
order to improve energy efficiency and lower the cost of heating and cooling. 

Workforce Development 

The Workforce Development Division operates the JobReady Program, designed 
to build local partnerships with businesses, schools and families to educate students 
on career opportunities. The JobReady Program includes apprenticeships and 
internships to prepare students for the career of their choice. The di\'ision is also 
responsible for the activities of the Governors Work First Business Council. The 
council, with membership from various sectors of the North Carolina business 
community, furthers the states welfare reform efforts, known as Work First, by 
developing mechanisms to connect businesses that need workers with qualified Work 
First participants. 

The Assistant Secretary for Economic Development administers the following 
programs: 

Center for Entrepreneurship and Technology (CET) 

The Center for Entrepreneurship and Technology develops programs to create 
more small businesses and entrepreneurial development programs for disadvantaged 
persons in inner cities and rural areas. CET designs and proposed activities to increase 
the availability of equity capital and other forms of start-up financing for small 
businesses. It also works to recruit additional venture capital to North Carolina. The 
CET staff engages in information gathering and infrastructure building activities that 
focus on research, technology development and technology deployment for key 
industries. 

Commerce Finance Center 

The Commerce Finance Center offers "one-stop financing" assistance for 
businesses that locate or expand operations in the Tar Heel State. The center 
administers the tax credits available to new and expanding industries under the 
William S. Lee Quality Jobs and Business Expansion Act. It also offers direct grant 
and loan funding to businesses locating or expanding in North Carolina through the 
Industrial Competitive Fund, the Industrial Development Fund, the Utility Fund, 
the Business Energy Loan Fund and the Community Development Block Grant 
Program. The agency also administers the Industrial Revenue Bond program for the 
state. 



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NORTH CAROLINA MANUAL 1999-2000 

Division of Business and Industry Dexelopment 

The Division of Business and Industry Development leads North Carolina's 
business and industrial reeruitment etiorts. Its staff works closely with other public 
and private dex'elopment organizations to attract new industries to the state. This 
includes ellorts aimed at recruiting foreign-owned firms to North Carolina. The 
division operates international odices in Duesseldorf, Hong Kong, Toronto and Tokyo. 
The division also offers retention and expansion services to companies currently 
located in North Carolina. These programs are staffed by industrial developers located 
in nine offices spread throughout the seven regions ot the state: Asheville, Bryson 
City and Lenoir in the Western Region; Charlotte in the Carolmas Region; Greensboro 
in the Piedmont Triad Region; Raleigh m the Research Triangle Region; Fayetteville 
in the Southeastern Region; Greenville in the Global TransPark Region; and Edenton 
in the Northeastern Region. 

International Trade Division 

The International Trade Division assists primarily small and mid-sized North 
Carolina hrms in marketing their goods and services outside ot the United States. It 
seeks to facilitate exporting by North Carolina companies, educate companies that 
are not currently engaged in the global marketplace to the opportunities available 
and stimulate demand for North Carolina products in international markets. Industry 
consultants located m Raleigh accomplish these activities with the assistance of five 
foreign trade ofhces located in Frankfurt, Hong Kong, Tokyo, Toronto, and Mexico 
City The division also offers specialized services to tlie states furniture industry through 
the North Carolina Furniture Export Office in High Point. 

The Assistant Secretary for fnformation Technofogy, Chief tnformation Officer 
administers the following programs: 

Division of Infomiation Technology Services (ITS) 

The Division of Information Technology Serx'ices offers technology products and 
services to North Carolina state government agencies and to county and municipal 
governments. Services offered by the division include: telecommunication services; 
mainframe and client-server coniputmg; management ot local and wide-area networks; 
system design and implementation; application development and support; ofhce 
automation and personal computer support services. ITS also develops policies and 
standards for state government technolog)' tor adoption by the Information Resource 
Management Commission (IRMC)and provides staff support to the commission. 

Executive Director for Poficy and Empfoyment administers the following programs: 



316 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Workforce Development 

The Workforce Development section administers the creation and operation of 
One-Stop Career Centers. These centers, which are a requirement of the federal 
Workforce Investment Act, bring together a variety of state and local agencies in one 
location to provide job seekers with information, vacancy listings, and job training 
opportunities. The Workforce Development section also serves as staff to the Workforce 
Development Commission. 

Division of Employment and Training 

The Division of Employment and Traming (DET) administers worker-training 
programs for unemployed and displaced workers and for workers whose family income 
is below 200% of the federal poverty level. The division is also responsible for the 
administration of the states Welfare-to-Work grant, which offers training and other 
job-support services to Work First clients facing the greatest obstacles to employment. 
The division offers its services through 25 local Workforce Boards, who in turn work 
with the community college system, the state university system, public schools, the 
Employment Security Commission and other agencies to provide training and support 
services. 

Research and Policy Development 

The Research and Policy Development Office maintains data on the states economy 
for use by industrial clients and the public. The office publishes annual Economic 
Scans of all 100 counties in the state, as well as quarterly Economic Trends reports. 
The unit analyzes the impact of trends and changes in the states economy and 
recommends refinements in the departments programs in response to those analyses. 
The division also provides staff support to the North Carolina Economic Development 
Board. 

The Executive Director of Tourism, Film and Sports Development administers the 
following programs: 

Division of Tourism 

This division undertakes a broad range of marketing activities in cooperation 
with local and regional economic development and tourism promotion organizations. 
The common goal is to increase tourism m the state. This includes an increasing 
emphasis on international marketing. The division partners with the Economic 
Development arm of the department to maintain a presence in overseas offices in 
Duesseldorf, London, Dubai, Hong Kong, Tokyo, Toronto, and Mexico City The 
division also administers a grants program to assist local areas in making improvements 
to promote tourism in their locale and operates a program to promote Heritage Tourism 
in the state. The division also has staff in eight welcome centers on interstate highways 
m the state to assist travelers to North Carolina. 

317 



NORTH CAROLINA MANUAL 1999-2000 

ISorth Carolina Film Office 

The ollice promotes Norlh Carolina as a loealion for television, motion picture 
and acKertising productions. The olfice offers location scout services to producers 
and supports the state's four regional lilm commissions m their ellorts to increase 
Hhn production in the state. 

Division of Sports Development 

The Division ot Sports Development promotes North Carolina as a leading site 
for sports events involving amateur and professional organizations. The office works 
with local government and corporate allies to serve as a clearinghouse lor sporting 
acti\'ities in North Carolina and to assist sports organizations and promoters in making 
North Carolina a host site tor leading amateur and professional sports events. 

Assistant Secretary for Administration administers the following programs: 

Executive Aircraft Operations 

The Executive Aircraft Operations maintains two airplanes and two helicopters 
that are used to transport industrial development clients and consultants, him 
producers, sporting event promoters and state personnel on olficiaf business. 

Fiscal Management Division 

The Fiscal Management Division is responsible for the accounting, budgeting 
and purchasing lunctions of the department. 

Human Resources 

The ITuman Resources Office performs personnef lunctions tor the department, 
including recruitment and employee relations, position classification and fringe benetit 
administration. 

Management Information Systems Division (MIS) 

The Management Intormation Systems Division (MIS) is responsible for aft 
information technology services within the department. This includes LAN 
management, project management lunctions for appfications devcfopmeni, 
maintenance of personal computers and peripherals and graphics design and 
reproduction. 

Wanchese Seafood Industrial Park 

The Wanchese Seafood Industrial Park works to promote hshing and marine 
industries and serves as a location lor seafood processing plants, boat builders, fishing 
supplies and other marine-related businesses. 



318 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Oregon Inlet Project 

The Oregon Inlet Project leads the states efforts to stabilize the channel in Oregon 
Inlet through the construction of jetties. 

The following agencies report directly to their respective Boards and Commissions, 
rather than to the Secretary of Commerce. They receive administrative oversight from 
the Department through the Assistant Secretary for Administration: 

Alcoholic Beverage Control Commission 

The Alcoholic Beverage Control Commission controls the sale of alcoholic 
beverages in the state through operation of a centralized warehouse, oversight of 
local government-operated retail sales outlets, and permitting of facilities authorized 
to sell alcohol in bulk or by the drink. 

Banking Commission 

The Bankmg Commission, is responsible for chartering and regulating North 
Carolina's state banks and trust companies, as well as registration and licensing of 
various financial institutions operating in the state, including check-cashers, consumer 
finance companies, mortgage bankers and mortgage brokers, money transmitters 
and refund anticipation lenders. 

Cemetery Commission 

The Cemetery Commission regulates and monitors the activities of all state- 
licensed cemeteries. 

Credit Union Commission 

The Credit Union Commission regulates and monitors the operations of all state- 
chartered credit unions. 

Employment Security Commission 

The Employment Security Commission administers the state's unemployment 
insurance program. It also offers job placement and referral services to all North 
Carolina citizens and maintains the state's labor market information service. 

Industrial Commission 

The N.C. Industrial Commission administers the Workers' Compensation Act 
for all employees and employers in the state to protect Tar Heel workers and employers 
against loss due to work-related injury or disease. The Industrial Commission also 
has jurisdiction over tort claims against the state and claims by families of law 
enforcement officers, fire fighters and rescue squad workers. 



319 



NORTH CAROLINA MANUAL 1999-2000 

Public Staff of the Utilities Commission 

The public slalT reviews, investigates and makes recommendations to the North 
Carolina Utihties Commission on the reasonableness ol rates and adequacy of service 
proxided by all public utilities m the state. The staff is also charged with ensurmg the 
consistency of public policy assuring an energ)' suppl)' adeciuate to protect public 
health and salctv. 

Kurai Electrification Authority 

The Rural Electrilication Authority ensures that customers in predominantly rural 
areas of the state have access to adequate, dependable, affordable electric and telephone 
service. 

Savings Institutions Commission 

The Savings Institutions Commission regulates and monitors the operations of 
all state-chartered savings institutions. 

Utilities Commission 

The Utilities Commission regulates the rates and services offered by more than 
1,200 utility companies m North Carolina. Companies under the jurisdiction of the 
commission include electric companies, local and long-distance telephone companies, 
natural gas companies, household goods motor freight carriers, motor passenger 
carriers, companies providing pri\'ate pay phone ser\'ice, water and sewer companies 
consisting of approximately 1,500 systems and ferryboat operators. 

Economic Development Allies 

N.C. Partnerships for Economic Development: The seven partnerships work on a 
regional basis to serve North Carolina s 100 counties in promoting economic 
development marketing, strategies and opportunities. Partnership offices are located 
in Asheville, Charlotte, Greensboro, Raleigh, Elizabethtown, Kinston and Edenton. 

State Ports Authority: The Ports Authority staff operates and promotes the use of 
North Carolina's port facilities including deep-water ports at Morehead City and 
Wilmington; intermodal terminals m Charlotte and Greensboro; and the harbor at 
Southport. The State Ports Authority Board of Directors governs the authority The 
Secretarv of Commerce serx'cs as an ex-officio member of the board. 

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 

320 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH 



CHAPTER FOUR 



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) 733-4151 
or visit the departments Web site at www.nccommerce.com/default.asp . For more 
information about the Employment Security Commission, call (919) 733-7546 or 
visit the commissions Web site at w^ww.esc. state. nc. us. 



Rick Carlisle 

Secretary of Commerce 

Early Years 

Native of Charlotte, North Carolina. 

Educational Background 

B.A. m Economics, Duke University; Master of 
Regional Planning, University of North Carolina 
at Chapel Hill; Graduate, Government Executives 
Institute, UNC-Chapel Hill School of Business. 

Military Background 

Vietnamese Linguist, U.S. Air Force, 1969-1973. 

Professional Background 

Secretary of Commerce, 1998-Present; Consultant; 

Vice-President, North Carolina Rural Economic Development Center; Economic Policy 

Advisor, Office of the Governor; Deputy Secretary, Department of Commerce. 

Boards and Commissions 

Director, Housing and Community Development, National Association of Housing 
and Redevelopment Officials; Member, Board of Directors, N.C. Downtown 
Development Association. 

Personal Information 

Resident of Chapel Hill. 




321 



NORTH CAROLINA MANUAL 1999-2000 

Secretaries of Commerce' 

Name Residence Term 

George Irving Aldndge' Wake 1972-1973 

Tenney I. Deanejr.' Wake 1973-1974 

Winfield S. Harvey"* Wake 1973-1976 

Donald R. Beason' Wake 1976-1977 

Duncan M. Faircloth'^ Wake 1977-1983 

C.C. Hope Mecklenburg 1983-1985 

Howard HaworilV Guilford 1985-1987 

Claude E. Pope^ Wake 1987-1989 

James T. Broyhir Caldwell 1989-1990 

Eslell C. Lee"^ New Hanover 1990-1993 

S. Da\qs Phillips' 1 Guilford 1993-1997 

E. Norris Tolson'- Edgecombe 1997-1998 

Rick Carlisle '^^ Orange 1998-Present 

' The Executive Organization Act of 1971 created the "Department of Commerce," 
with provisions for a "Secretary" appointed by the Governor. The Department of 
Commerce was reorganized and renamed by legislative action of the 1989 General 
Assembly. 

" 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 Beason. 

' Haworth was appointed January 5, 1985, to replace Hope. 

" Pope was appointed by Governor N4artin 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, 1993, to replace Lee. 

'' Go\'. Hunt appointed Tolson on January 17, 1997, to replace Phillips. 

'^ Gov Hunt appointed Carlisle secretary on January 17, 1998, to replace Tolson. 



322 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 community 
to active prison sentences served in one of the states 75-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, parole or 
post-release supervision. 

The Department of Correction was established m 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 Advisory 
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 eligible 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 
consolidation of responsibihties 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 administrative 
configuration. 

The history of corrections in North Carolina reflects the continued development 
and refinement of the prison, probation and parole segments of the department. 

The Division of Prisons was organized in the late 1860s and early 1870s 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 transterred 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 motivated by the 
steadily worsening economic and social conditions caused by the Depression. Under 
this arrangement, prisons were supported by appropriations from the Highway Fund 
while prisoners were extensively employed on road work. 



323 



NORTH CAROLINA MANUAL 1999-2000 

The Division ol Prisons remained under total administrative control ol the 
1 lighvvay and Public Works Commission until 1955 vv/hen the director ol prisons was 
granted the abilii\- to set dix'isional 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 stud)' the relationship between 
prisons and the highway system. The commission recommended that a separate prison 
department be lormed and legislation was enacted forming the Prison Department in 
f957. 

Also in 1957, landmark legislation was enacted authorizing a statewide system 
ol work release. North Carolina thus became the hrst slate prison system in the 
nation to allow inmates to work at private employment during the day and return to 
confinement in the ex'cning. Today, North Carolina has approximately 1,000 
indi\iduals participating in the work release program. 

The Prison Department remained a separate entity under the Prison Commission 
until the Department of Social Rehabilitation and Control was lormed in 1972. 

Probation was hrst initiated m the United States m 1878 in Massachusetts. In 
1919, North Carolina enacted its hrst probation laws, but limited probation to hrst- 
offender female prostitutes and certain juveniles under the supervision of female 
ofhcers. In 1937, legislation was enacted forming the Probation Commission to 
supervise a statewide network of male and female offenders reporting to probation 
officers. In 1972, the commission was disbanded when the Dix'ision of Adult Probation 
and Parole v/as fornied within the newi)'-created department. At first, probation officers 
retained a strictly probation super\'ision caseload; but b\' mid- 1974 they were carrying 
parole caseloads as well. Currently, probation and parole ollicers carry a comhinalion 
of probation and parole caseloads, as well as cases where prisoners are on both 
probation and parole simultaneously 

Parole began as a system of pardons and commuiations granted by the Governor 
in the original Constitution of North Carolina in 1776. This system was maintained 
in the Reconstruction Constitution of 1868. In 1919, the General Assembly established 
an Advisory Board of Paroles which made parole recommendations to the Gox'ernor. 
This board was reduced to the Commissioner ol Pardons in 1925, the Ollicer ol 
Executive Counsel in 1929 and the Commissioner ol Paroles m 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 Commissioner 
and established a Board ol Paroles consisting ol three members. At the same time, a 
constitutional amendment was approved in the 1954 general election to give the 
board full authority to grant, revoke or terminate paroles. 

The 1974 General Assembly enlarged the board members to five full-time members 
and transferred administration and supervision ol parole ollicers to the Division of 



324 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Adult Probation and Parole. The Structured Sentencing Act enacted by the General 
Assembly abolished parole for crimes committed on or after October 1, 1994. As a 
result of the declining number ol paroles, the General Assembly reduced the number 
of parole commissioners from five to three in 1999. The Division of Adult Probation 
and Parole was renamed the Division of Community Corrections in 1998. 

The General Statutes establishing the Department of Correction direct the secretary 
to provide for the general safety of North Carolina's citizens by operating and 
maintaining prisons; supervising probationers and parolees; and providing certain 
rehabilitative and educational programs to individuals supervised by the department. 
The department is divided into three major operational sections: the Division of 
Prisons, the Division of Community Corrections and the Division of Alcohol and 
Chemical Dependency. The Secretary of Correction and his immediate administrative 
staff are responsible for the major planning, fiscal, personnel and records-keeping 
functions of the department: 

Research and Planning 

The planning functions include policy development, federal grant development 
and administration, liaison with the General Assembly and providing statistical 
information, analysis and evaluation. 

Engineering 

This section is the departments capital program manager and manager of physical 
plant operations. Engineering provides a full range of architectural, engineering and 
construction services to all DOC divisions. Construction services include extensive 
use of supervised inmate labor, extending the departments resources and creating 
the opportunity for inmate rehabilitation through job training. 

Extradition 

This section coordinates the transfer of fugitives back to the state for the 
Department of Correction, as well as to local law enforcement throughout the state. 
This includes escapees from prison and absconders from supervision. 

IMPACT 

The states boot camp program is a highly-structured, military-style alternative to 
long-term imprisonment of offenders. The Intense Motivational Program of Alternative 
Correctional Treatment is a designated sanction under the state's current sentencing 
law. 



325 



NORTH CAROLINA MANUAL 1999-2000 

Purchasing and Auxiliary Services 

This section is responsible tor purchasing goods and services, warehousing and 
dehvery ot goods, transportation, communications and security installations, 
departmental mail services and real and personal property lease acquisitions. 

Fiscal Operations 

This section includes budget development and administration, regular and grant 
accounting, work release and Inniate Trust Fund accounting, as well as internal 
auditing procedures. 

Personnel 

The Personnel Section is responsible for personnel functions including payroll, 
maintenance ot employee records, and other matters associated with human resource 
management. It also includes the development of staff positions, the posting of position 
vacancies and the actual hiring of new staff. 

Staff Dexelopment and Training 

This section administers and pro\ides basic training and certification for all new 
staff, advanced training in particular skill areas, and in-service training where needed 
for re-certification or continuing education. 

Correction Enterprises 

Correction Enterprises is a self-sustaining industrial program that trains inmates 
as productive workers by utilizing their labor to manulacture products and provide 
services for sale to tax-supported agencies. Correction Enterprises returns part of its 
net protits to the Crime Victims Compensation Fund of North Carolina, m addition 
to paying tor incentive wages for all inmate jobs in North Carolina prisons and 
industrial expansion costs. 

Management Information Systems 

This section provides assistance to Correction employees and others in the area 
of information needed to appropriately manage offenders, including recording 
pertinent data about offenders; tracking their movements; and charting their progress 
in programs and other rehabilitative efforts. 

Citizen Services 

Established m 1998, the Office of Citizen Services provides information and 
educational materials to citizens in general and specifically to crime victims and 
offenders' families. The office also assists other divisions in the development of policies 
and services for specific constituencies. 



326 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 

Post-Release Supervision and Parole Commission 

The commission has the sole authority for determining which eligible offenders 
should be released from prison prior to the completion of their active sentence and 
for setting the terms and conditions of their supervision period. The commission is 
also responsible for setting the conditions of post-release supervision for eligible 
offenders who receive supervision following completion of their active structured 
sentence. 

Division of Prisons 

The Division of Prisons is charged with the direct care and supervision of inmates. 
Currently, the division operates 77 prison facilities. 

This division receives felons and misdemeanants sentenced by the court to a 
period of active incarceration. Sentences range from a minimum of 90 days for certain 
misdemeanors to death or life imprisonment for serious crimes. The Structured 
Sentencing Act has had a tremendous impact on the prison system, with prison beds 
now designated for more serious and violent inmates. Structured sentencing has also 
allowed the prison system to better predict what type of offenders will be entering 
the system and how long they will remain incarcerated. 

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. The division provides appropriately secure facilities in three inmate custody 
levels: 

Close custody: Inmates need extra security but do not need the more stringent 
security of maximum custody. Basic education, counseling and work programs are 
available to inmates in close custody. 

Medium custody: Units have all programs and activities operating 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. 

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. 



327 



NORTH CAROLINA MANUAL 1999-2000 

Selected inmaies are allowed U) work in ihe communiiy lor the prevailing wage. 
They pay reslilutioii and lines, when ordered b)' the sentencing court, and help their 
lamilies by sending nionc)' home. Part ol their income goes to the department to help 
ollset llie cost ol their incarceration. 

N'linimiim ciistiul)' programs are aimed at helping inmates begin the transition to 
lile outside prison include education and drug treatment programs. Minimum custody 
inmates are also allowed to participate in the Community Volunteer and Home Leave 
programs. Screened and selected volunteers are allowed to sponsor inmates lor 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 lamilies tor periods of time up 
to 48 hours. The purpose of this program is to allow inmates to rebuild family ties 
and to plan lor the future prior to release. 

Division of Community Corrections 

The Division ol Community Corrections is responsible for the community 
supervision of 113,000 parolees and probationers. More than 105,000 of these 
individuals have been sentenced to probation and are super\'ised by officers who 
protect the publics salety by enlorcmg special conditions such as curlews and random 
drug tests. These olticers also make appropriate referrals for community rehabilitation 
programs. 

With the advent of structured sentencing, a greater responsibility has been placed 
on this division because many ol lenders sentenced to j^rison under prexious state 
sentencing laws are now subject to supervision m the community. Structured 
sentencing distinguishes between communit)' punishments and intermediate 
punishments. Community punishment otienders are superx'ised much like traditional 
probation. Intermediate punishment offenders are subject to more intensive controls 
such as electronic monitoring, intensive supervision and required attendance at day 
reporting centers. 

The division retains responsibility for supervising indi\'iduals who were convicted 
under previous sentencing laws and who are eligible for discretionary release by the 
Parole Commission. Also, the division supervises offenders who are eligible lor post- 
release supervision alter completion ol their active structured sentence. 

The Division ol Communit)' Corrections administers the state-county Criminal 
Justice Partnership Program which provides kinds for locally-managed, community- 
based sanction programs. These programs are designed to assure ollender 
accountability m the community; divert lower- risk oftenders Irom jTrison; and oiler 
rehabilitative opportunities to olfenders. 



328 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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, call (919) 733-4926 or 
\isit the departments Web site at www.doc.state.nc.us . 




Theodis Beck 

Secretary of Correction 

Educational Background 

Graduated, South French Broad High School, 
1966; B.A. in Sociology, North Carolina Central 
University, 1970; A.A.S. in Business 
Administration, Asheville-Buncombe Community 
College, 1978. 

Professional Background 

Secretary of Correction, 1999-Present. 

Organizations 

National Association of Blacks in Criminal Justice; 
Association of State Correctional Administrators; 
American Correctional Association; North 

Carolina Athletic Officials Association; Past member, Asheville Optimist Club; Member, 
State Employees Credit Union Advisory Board; Member, Governor's Crime 
Commission (Member, Juvenile Delinquency and Prevention Committee; Chair, Safe 
Communities Issues Team); Member, Drug Treatment Court Advisory Board; Member, 
State Advisory Council on Juvenile Justice and Delinquency Prevention. 

Militaiy Service 

First Sergeant, U.S. Army 1970-72 (active) and 1975-97 (reserve); National Defense 
Senice Medal; Good Conduct Medal; Army Reserve Components Achievement Medal; 
Armed Forces Reserve Medal; Drill Sergeant of the Year, T' Battalion, 518^'' Regiment, 
1984. 

Personal Information 

Married to Linda Jean Chiles Beck. Two children. Member, Hill Street Baptist Church. 



329 



Secretaries of Conection ' 




Name 




Residence 


George W Randall- 




Wake 


Ralph D. Edwards' 




Wake 


David L. Jones^ 




Cumberland 


Amos E. Reed' 




Wake 


James C. Woodard"" 




Johnston 


Aaron J. Johnson" 




Cumberland 


V. Lee Bounds^ 






Franklin E. Freeman, 


Jr.^ 


Wake 


R. Mackjarvis'^' 






Theodis Beck" 




Wake 



NORTH CAROLINA MANUAL 1999-2000 



Term 

1972 

1972-1973 

1973-1977 

1977-1981 

1981-1985 

1985-1992 

1992-1993 

1993-1997 

1997-1998 

1999-Present 

' 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 Holshouser to 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 fiunt. 

''^ Jarvis was appointed on January 17, 1997, by Governor Hunt after Secretary 
Freeman was promoted to chief o'l staff for the governor. 

" Beck was appointed on x-Xpril 19, 1999, by Gov. Hunt. Deputy Secretary Joseph L. 
Hamilton served as acting secretary from Oct. 1, 1998, until Secretary Becks 
appointment. 



330 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 Veterans 
Affairs, the State Department of Transportation, the Department of Commerce and 
the Department of Natural Resources and Community Development. 

The duties of this department are to provide law enforcement and emergency 
services to protect agamst crime and against natural and man-made disasters; to 
serve as the state's chief coordinating agency to control crime and protect the public; 
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 consists of the Office of the Secretary; nine divisions: Alcohol 
Law Enforcement, Butner Public Safety, Civil Air Patrol, Emergency Management, 
Governor's Crime Commission staff, Law Enforcement Support Services, N.C. National 
Guard, State Highway Patrol and Victim and Justice Services; and five commissions: 
the Governor's Crime Commission, the N.C. Crime Victims Compensation 
Commission, the N.C. Emergency Response Commission, the Boxing Commission 
and the Governor's Advisory Commission on Military Affairs. Five administrative 
sections in the Ofhce of the Secretary support the divisions: Fiscal, Information 
Systems, Personnel and Benefits, Public Affairs and Organizational Effectiveness. 

Alcohol Law Enforcement Division 

As a result of legislation in 1977, the Enforcement Division of the State Board of 
Alcoholic Beverage Control (ABC) was transferred from the Department of Commerce 
to the newly-formed Department of Crime Control and Public Safety The primary 
responsibility of the Alcohol Law Enforcement Division (ALE) is to enforce the 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 apphcant 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. 



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NORTH CAROLINA MANUAL 1999-2000 

Public education is also an imporlant pan of the job of an Alcoholic Law 
Enforcement agent. Agents routinely conduct semin.ars regarding the irresponsible 
service of alcohol; present classes to youth groups and civic organizations; and teach 
ABC laws at local and state law enlorcement schools. 

New agents are trained during a 20-week ALE Basic School, which was designed 
and ccrtihed specilically for ALE agents. This training includes physical conditioning 
and defensive tactics, instruction in constitutional and criminal laws, court procedures, 
search and seizure, criminal inx'estigation, alcoholic beverage control laws, firearms 
and vehicle operations. 

This di\'ision is commanded by a director, headc[uarters staff, field supervisors 
and their assistants. For administrative purposes, the field organization is dix'ided 
into twelve districts, each with a headquarters office readily accessible to the public. 

ALE also nianages the North Carolina Center for Missing Persons. The center, 
formerly the North Carolina Center for Missing Children and Child Victimization, 
was established m 1984 as the state clearinghouse for information about missing 
persons. In 1999, the center was mo\'ed trom the Emergency Management Dix'ision 
to the Alcohol Law Enforcement Division to provide the stall easier access to law 
enforcement resources. Trained statf members provide technical assistance and training 
to citizens, law enforcement officials, school personnel and human services 
professionals. The centers stall gives assistance and support to both the lamilies of 
missing persons and to the law enforcement otficials investigating missing person 
cases. Staff members also participate m emergency operations and searches lor persons 
who are missing and endangered. 

Butner Public Safety Division 

The Butner Public Safety Division traces its roots back to the Camp Butner Eire 
Department set up in 1 942 when Camp Butner was established as a U.S. Army Training 
Camp. In 1 947, John Umslead, 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 lor this complex. 

The Camp Butner Eire Department became part of the John Umstead Hospital in 
the Department of Lluman Resources. The staff consisted of 18 men. As the Butner 
complex and the community grew, the staff was trained as fire fighters and policemen 
and It became known as the Public Safety Department. It was then transferred to the 
Department of Crime Control and Public Safety in 1981 and its name was changed to 
the Butner Public Salety Division. 

Butner Public Salety Officers provide police and lire protection lor the state 
hospitals at Butner; other state facilities there, including the 4,600-acre National 
Guard Training Range; the Butner Eederal Correctional Eacility; and the residential, 
business and industrial community of Butner. In keeping with the growth and 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

development of the town of Butner, facilities for the Butner Public Safety Division 
were expanded. On January 29, 1985, the new 15,000 square-foot Butner Public 
Safety Division building was dedicated by Governor Martin. 

This division is commanded by a public safety director, chief of fire services 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. 

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 m 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 Mifitary and Veterans Affairs in 1971. In 1977, 
It was transferred from the Department of Military and Veterans Affairs to the newly- 
formed Department of Crime Control and Public Safety. 

There are 39 squadrons in the North Carolina Wing. Although the wing is partially 
funded by the state, the department has no operational control over it. Many members 
operate their own airplanes and fly at their own expense; however, membership 
dues, donations, grants, estates, state funds and Air Force reimbursements account 
for a large portion of the wing's 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 during emergencies. 

Aerospace Education and Training 

Aerospace Education and Training is designed to inform the public about aerospace 
activities. The CAP supports aerospace education workshops for teachers at colleges 
and universities throughout the United States. These programs prepare teachers to 
teach aerospace education courses in their schools or to use the information to enrich 
traditional classroom subjects. Scholarships are awarded to deserving cadets and 
senior members for study in engineering, the humanities, education, science and 
other fields related to aerospace. 



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NORTH CAROLINA MANUAL 1999-2000 

Cadet Training Program 

The Cadei Training Program provides young people, ages 13 through 18, with 
opportunities lor leadership and education. The program teaches cadets aviation, 
search and rescue, individual and group discipline and personal development, giving 
them the opportunity to serve themselves and their communities, state, nation and 
all humanity to the fullest extent of their capabilities. 

Emergency Management Division 

The evolution ot emergency management in North Carolina began with passage 
ot the Emergency Management Act of 1977. Prior to that, the Emergency Management 
Division went through two transitions from Civil Defense to Civil Preparedness. Both 
Civil Defense and Civil Preparedness focused primarily on war-related disasters, but 
also supported local law enforcement and hre departments m the event of a major 
catastrophe. With the increased exposure 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 disasters, natural and man-made, soon became apparent. 

The State Civil Defense Agency was transferred to the Department of Military 
and Veterans Affairs in 1971 and transferred again in 1977 to the newly-formed 
Department of Crime Control and Public Safety where it was named the Division of 
Emergency Management. Under the direction of the Department of Crime Control 
and Public Safety, Emergency Management coordinates response and relief activities 
in the event of a major emergency or disaster using a four-phase approach to emergency 
situations; preparedness, response, recovery, and mitigation. 

This divisions major emergency response lunctions are carried out by the State 
Emergency Response Team (SERT). The SERT is composed of top-level management 
representatives from each state agency mvoh'ed in response activities. During an 
emergency, the Secretary of Crime Control and Public Safety is the governors 
authorized representative to call and direct any state agency to respond to the 
emergency. The SERT directs on-site response acti\"ities when two or more state 
agencies are involved and will, upon rec[uest, direct the total response including 
local, state, federal and prix'ate resources. By providing support to local go\ernments 
through response efforts, planning and training, the Division of Emergency 
Management carries out its theme of cooperation, coordination, and unity 

Governor's Crime Commission 

The Governors Crime Commission embodies the iormer 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 Governors Crime Commission serves 
by statute as the chief advisory board to the governor and the Secretary of Crime 
Control and Public Safety on crime and justice issues and policies. 

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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The 40-member commission has representatives from all parts of the criminal 
justice system, local government, the legislature and other citizens. This commission 
IS supported by a staff in the Governors Crime Commission Division and has been a 
unique forum for criminal justice in North Carolina. Throughout its history, the 
Governors Crime Commission has served in a leadership role in criminal justice 
planning, issue analysis, program development and coordination. The Crime 
Commission has been a force behind many successful statewide programs such as 
driving- while-impaired legislation, community service restitution, crime prevention 
and community watch, rape victim assistance, victim compensation and sentencing 
reform. 

This commission currently oversees crime-related federal grant programs for the 
state. These programs include the Juvenile Justice and Delinquency Prevention 
Program, the Justice Assistance Program, the Victim of Crime Act Program and the 
Drug Control and System Improvement Program. The programs bring approximately 
$20 million in federal monies to North Carolina for criminal justice improvement 
programs. The Governor's Crime Commission Division serves as staff to the 40- 
member Governors Crime Commission. The staff is responsible for researching the 
issues under review by the commission and writing the resulting reports to the 
governor. The staff also administers crime-related federal grant programs for the state. 

In an effort to streamline management, the Crime Prevention Division returned 
to its original home m the Governors Crime Commission in 1999. The division was 
originally created using GCC funding and staff in 1979 to motivate citizens in every 
home and community to join actively in the fight against crime. The Crime Prevention 
Division provides technical assistance and crime prevention awareness materials free 
of charge to citizens, local law enforcement agencies and other groups. Among the 
programs promoted and coordinated by the division are Crime Stoppers, Community 
Watch, Business Crime Prevention, Sexual Assault Prevention, Crimes Against the 
Elderly, Church Watch, Crime Prevention in Public Housing and others. 

Highway Patrol Division 

In 1929, the General Assembly of North Carolina created the State Highway 
Patrol. Chapter 218 of the Public Laws of 1929 provides: 

"That the State Highway Commission oj North CaroUna is hereby authorized 
and directed to create under its control and supervision a division of the State 
Highway Patrol, consisting of one Captain with headquarters in the State Highway 
Building at Raleigh, and one Lieutenant and three patrolmen in each of the nine 
State Highway Division Districts of the State. " 

The Highway Patrol was given statutory responsibility to patrol the highways of 
the state, enforce the motor vehicle laws and assist the motoring public. The State 
Highway Commission appointed a captain as commanding officer of the State Highway 
Patrol and nine lieutenants. These ten men were sent to Harrisburg, Pa., to attend a 

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NORTH CAROLINA MANUAL 1999-2000 

Iwo-week training school lor stale police. The captain and the nine lieutenants returned 
to North Carolina and made plans tor recruiting 27 patrolmen, three for each of the 
nine highway districts in the state. 

The year 1929 was the Hrst lime in North Carolina hislor\' that all members of a 
law enforcement unit were reciuired to go through a training school to study the laws 
they would be called on to enforce. Of the original 400 applicants who applied for 
admission to the patrol, onl\' 67 were ordered to report to Camp Glenn, an abandoned 
army encampment near Morehead City The school ran tor 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 m the North Carolina Capitol. From this original 
authorized strength of 37, the State Highway Patrols membership has increased, 
reflecting growth m the states population, interstate 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, 1941, the General Assembly created the 
Department of Motor Vehicles and the State Highway Patrol was transferred from the 
State Revenue Department to the Department of Motor Vehicles. The patrol was 
transferred from the Department of Motor Vehicles in 1973 to the Department of 
Transportation. In 1977, the patrol was transferred from the Department of 
Transportation to the newly-formed Department of Crime Control and Public Satety 

As the primary trafhc law enforcement agency m North Carolina, the chief 
responsibility of the State Highway Patrol is safeguarding life and property on the 
states 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 ot Crime 
Control and Public Safety, such as providing manpower and support for civil 
disturbances, nuclear accidents, chemical spills and natural disasters. The patrol also 
provides security for the governor and his tamily. 

The year 1977 also brought a change m location and tacilities for the Patrols 
training schools. Camp Glenn was the site for training the tirst class oi 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 possible training sites and the Governor Morehead School for the Blind 
located at 3318 Garner Road in Raleigh was selected. 



336 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 m 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 dedication ceremonies. The inscription on the monument 
was written by Latish Williams, an employee of the Patrol Headquarters staff: 

In memory of Oiose wJw lost their lives in the line oj duty, we hope you see their 
Jaees 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 comrades and friends. We dedicate 
this monument ui their honor knowing that when one dies, life beff.ns. 

Law Enforcement Support Services 

Law Enforcement Support Services (LESS) is a unique state program that provides 
surplus equipment from 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 Carolina 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 reciuest. Between May 16, 1994, and March 31, 2000, LESS issued items valued 
at a total of $81,358,028 to 420 police departments and sheriffs offices in 100 counties, 
as well as to 18 state agencies. 

LESS also administers the North Carolina Police Corps scholarship program, 
which is designed to place officers who are college graduates in smaller law 
enforcement agencies involved in community-oriented policing. There is also a 
scholarship for dependent children of officers killed while performing official police 
duties. 

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 organized militia units. When needed, these citizen-soldiers 
assisted in the defense of Hfe, property and their community. The North Carolina 
National Guard has its roots in this tradition. 



337 



NORTH CAROLINA MANUAL 1999-2000 

The National Guard today is the organized militia of the state and the governor is 
the commander-in-chief. The National Guard is also a part of the Armed Forces' 
reserve force structure with the president as commander-in-chief, which gives the 
guard a federal as well as a state mission. 

As the state militia, the guard has a long history of service to the people of the 
state. On numerous occasions, the guard has provided assistance to 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 manpower 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 Guards most recent combat experience came m the Persian Gulf War 
of 1991 when thousands of North Carolinians spent months m Saudi Arabia, Kuwait 
and Iraq. More recently North Carolina National Guard members have served extended 
tours of duty m Bosnia, Croatia, Somalia and Haiti. 

In 1806, following the War for American Independence, under the authority of 
the Militia Acts of 1792 and 1795 passed by the U.S. Congress, the General Assembly 
passed a law establishing the Adjutant Generals Department. The militia then began 
to become better organized and trained. For many years the State Guard, as it was 
then known, had no federal recognition; and at the time of the Spanish-American 
War in 1898, it was discovered that the president of the United States had no authority 
to order the guard into federal service. Under the Acts of Congress of June 3, 1916, a 
definite place m 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 recognized as an important part ot 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 ot the guard in the 
national defense plan and to develop a "One Army" concept of active and reserve 
forces. Today the North Carolina Army and Air Guard consists of more than 14,000 
soldiers and airmen. It is a modern, well-trained force which continues to distinguish 
itself in peacetime and to fulfill both its federal and stale missions. Guard troops are 



338 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

equipped with some of the most modern 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 or more. Not only is the 
guard an important source of pride and community involvement, but it stands ready 
to protect and serve its citizens. 

Victim and Justice Services Division 

The Victim and Justice Services Division formerly was a section of the Governor's 
Crime Commission Division. The community services alternative punishment 
programs for persons sentenced under the Safe Roads Act became the responsibility 
of the Department of Crime Control and Public Safety in 1983. The department 
created a new division to administer these programs. This new division was called 
the Victim and Justice Services Division. Staff and funding for this division were 
drawn from the Governors Crime Commission Division and other divisions of the 
department. Through field offices located in each of the state's 34 judicial districts, 
the Community Service Work Program places and supervises convicted offenders 
who have been ordered by the court to make restitution in the form of free labor to 
charitable organizations and government agencies. 

Since 1983, the Community Service Work Program admitted clients who gave 
the State of North Carolina 27.6 million hours of free labor with an estimated monetary 
value of $153 million. Not only did the state benefit from this free labor by offenders, 
it also collected more than $56 million in fees which go to the General Fund for 
schools and other vital services. The combined total of services and money to the 
state exceeds $200 million. Other programs have evolved from the Community Service 
Work Program. The Deferred Prosecution 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 victims and 
to justice system agencies. The North Carolina Crime Victims Compensation 
Commission (NCCVCC) reimburses persons for uninsured medical expenses and 
lost wages resulting from violent crime. Victims may receive a maximum of $30,000, 
plus an additional $3,500 for funeral expenses if the victim dies from the crime. 
Claims must be submitted to the NCCVCC for verification and approval. The Rape 
Victim Assistance Program provides financial assistance to victims of sex offenses by 
reimbursing the cost of emergency medical treatment and evidence 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 services of a licensed psychologist to counsel police 
officers. 



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NORTH CAROLINA MANUAL 1999-2000 

Crime and Public Safety-Related Boards and Commissions 

Governor's Advisory Commission on Military Affairs 

Governor's Crime Commission 

N.C. Boxing Commission 

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 \'isit the departments Web site at www.nccrimecontrol.org . 




David E.Kelly 

Secretary of Crime Control and 
Public Safety 

Early Years 

Born May 5, f935, in Charlotte, Mecklenburg 
County, to D. Ben Kelly and Julia Cashion Kelly, 

Educational Background 

West Mecklenburg High School, Charlotte, 1953; 
Studied Mechanical Engineering, North Carolina 
State UniN'ersity 

Political Activities 

Secretaiy, Department of Crime Control and Public 

Safety 1999-Present; Deputy Secretary of Crime 

Control and Public Safety 1 997-1999; Assistant Secretary for Public Safety Department 

of Crime Control and Public Safety 1977-1982. 

Organizations 

Public Relations Society of America; N.C. Emergency Management Association; N.C. 
Community College Trustees Association; N.C. Fourth ol July Festival (President, 
1990); Southport-Oak Island Chamber of Commerce. 

Boards and Commissions 

Member, Board ol Directors, Brunswick Community College Foundation, U^Hf-t- 1995; 
President, Southport Rotary Club, 1987-1995 (President, 1988); Member, Executive 
Council, Cape Fear Council of the Boy Scouts of America, 1988-1995; Chair, N.C. 
Ports Railway Commission, 1996-1997; Member, Board ol Trustees, Brunswick 
Community College, 1985-1995 (Chairman, 1986-1995); Member, Legislative 
Commission to Address Hurricane Flovd Disaster Reliel, 1999-Present. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Honors and Awards 

Presidents Award, Soudiport-Oak Island Chamber of Commerce, 1991; Lifetime 
Membership, N.C. Emergency Management Association (NCEMA); Col. William A. 
Thompson Award, NCEMA, 1982; Lion of the Year, Southport Lions Club, 1984. 

Personal Information 

Married, Dorothy Llewellyn Kelly Three children. Six grandchildren. Member, Trinity 
United Methodist Church, Southport. 

Secretaries of Crime Control and Public Safety^ 

Name Residence Term 

J, Phillip Carlton^ Wake 1977-1978 

Herbert L. Hyde^ Buncombe 1979 

Burley B. MitchelL Wake 1979-1982 

Heman R. Clark' Cumberland 1982-1985 

Joseph WDean^ Wake 1985-1992 

AlanVPugh' Randolph 1992-1993 

Thurman B. Hampton- Rockingham 1993-1995 

Richard H. Moore'' Granville 1995-1999 

David E. Kelly ^^ Brunswick 1999-Present 

^ 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 Carlton. 

"* Mitchell was appointed on August 21, 1979, to replace Hyde. He resigned in early 
1982 following his appointment to the N.C. Supreme Court. 

^ Clark was appointed m 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 Eebruary 3, 1993. 
He resigned September 30, 1995. 

^ Moore was appointed by Governor Hunt and sworn in on December 1, 1995. 

'^'' Kelly was appointed by Governor Hunt and sworn in on Nov 23, 1999. 



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NORTH CAROLINA MANUAL 1999-2000 

Department of Cultural Resources 

The North Carohna Department of Cultural Resources was the first state 
government 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 aiid 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 departments functions 
highlight the exploration and interpretation of our culture and ways m 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 states cultural heritage for future generations. 

The department has six divisions: Archives and History the N.C. Arts Council, 
the State Library, the North Carolina Symphony, the North Carolina Museum of Art 
and the North Carolina Museum of History. The department also manages the State 
Capitol, the Battleship North Carolina and the First Flight Centennial. Cultural 
Resources works with numerous boards and commissions associated with the 
department. The departments divisions include: 

N.C. Museum of History 

Since the grand opening of its new building in 1994, the North Carolina Museum 
of History has welcomed more than 1.5 million visitors. Drop in during a weekday 
afternoon and you will see a lobby teeming with schoolchildren eager to visit the 
various exhibits. Stop by on a weekend and ]oin families participating in engaging 
hands-on activities. There is always something new to see and do. 

The museum has hosted a multitude of short and long-term exhibits since 1994, 
six of which are currently open. Four long-term exhibits include The Past m Progress: 
Gathering the Treasures of North Carolina, highlighting a collection of artifacts and a 
multimedia presentation that tell our story chronologically; The Spirit of Community: 
North Carolina Folklife, celebrating the crafts, music and experiences that make North 
Carolina unique; the North Carolina Sports Hall of Fame, recognizing the states 
sports heroes in an innovative exhibit hall; and Tar Heel Junior Historian Association, 
displaying the award-winning projects of young historians from across the state. 

A major 9,500 sq. ft. exhibit. Health and Healing Experiences m North Carolina, 
opened in 1998 and will run for several years. The exhibit captures the rich diversity 
of North Carolina's healing systems past and present. Another long-run exhibit entitled 
North Carolina and the Civil War debuted in September, 1999. The 3,500 sq. ft. 
gallery showcases personal belongings, photographs, military items and close-up 
accounts of Tar Heels who endured the nations bloodiest contlict. In addition to 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

these exhibitions, the museum features an on-going series of short-term exhibits that 
highlight a variety of topics in our state's history. 

Besides regular tours offered each weekend, the museum presents special programs 
for visitors of all ages. Featuring musical perfomances ranging from the spirit-lifting 
sounds of the First Cosmopolitan Baptist Church All-Male Chorus to the old-time 
country music of the Briarhoppers, the Music of the Carolinas series draws large 
crowds for free concerts held the second Sunday of each month. Workshops, Discovery 
Tours and Gallery Carts provide children with hands-on opportunities to experience 
history, while History a la Carte programs offer a chance to explore various topics 
during lunch-hour presentations the second Wednesday of every month. On the first 
Saturday of each month, the series entitled Writer's Block highlights a North Carolina- 
related book and invites the author to speak and autograph readers' copies. 

The museum's innovative gallery theater program helps visitors explore the past 
and gain perspective about their place in history. Professional actors, called the History 
Players, perform dramatic monologues based on original journals, letters and oral 
history interviews of North Carolinians. 

Through its three regional museums - the Museum of the Cape Fear Historical 
Complex in Fayetteville, the Mountain Gateway Museum in Old Fort and the Museum 
of the Albemarle in Elizabeth City - the North Carolina Museum of History reaches 
beyond Raleigh to offer quality programming and exhibits to all of the state's citizens. 
Through its Tar Heel Junior Historian Association clubs, audiovisual materials loans, 
electronic teacher workshops and distance-learning programs for students, the 
museum extends its programs to every county in the state. The museum's membership 
group, the North Carolina Museum of History Associates, provides opportunities for 
involvement through an active statewide membership program. 

The Museum of the Cape Fear Histoncal Complex centers on the rich history 
and culture of southern North Carolina. The historical complex - comprised of the 
museum, the 1897 Poe House and Arsenal Park - recounts the social, economic and 
political history of the Cape Fear River region. Exhibits, guided tours and educational 
programs help visitors gain a deeper understanding of the region and its people. 
Further development of Arsenal Park, the site of a United States arsenal commissioned 
in 1836, is underway. 

Mountain Gateway Museum captures the spirit of mountain communities in 
western North Carolina. Exhibits, programs and living-history demonstrations depict 
the area's history from the time of its original inhabitants through the settlement 
period and into the 20th Century The site includes the museum, an amphitheater, 
two pioneer-era log cabins and a picnic area. 

The Museum of the Albemarle breathes life into northeastern North Carolina's 
unique history, culture and traditions. Known as the birthplace of the state, the 
Albemarle region saw the beginnings of English culture and government more than 



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NORTH CAROLINA MANUAL 1999-2000 

four hundred years ago. The museums exhibits lell the story of the people who have 
dwelled in this region - from the earliest Native Americans to the first English-speaking 
colonists to ad\'eniurcrs, larmcrs and fishermen. Guided tours, hands-on presentations, 
lectures and audiovisuals provide additional educational opportunities tor \'isitors. 
In 1999 the Museum of the Albemarle broke ground lor a new 50,000 sc[. ft. building, 
which will be located on the waterfront in downtown Elizabeth City. 

The North Carolina Museum of fiistory and its regional museums bring together 
and share the fascinating stories ol men, women and children who have helped shape 
our states heritage. The divisions institutions remain places where the stories of 
North Carolinians are treasured and rediscovered by each succeeding generation. 

Division of Archives and History 

What is now the Division ol Archives and fiistory was created m 1903 to chart 
the states history and preser\'e its records and historic places lor posterity. The dix'ision 
has many diverse sections: 

Archives and Records 

An important lorm ol written history is to be found m public records and 
documents. The Archives and Records Section of Cultural Resources is responsible 
for administering the North Carolina State Archives and lor conducting records 
management programs tor state and local governments. As the state archival agency, 
it arranges, describes, preserves and makes available tor use the xaluable permanent 
public records of the state and of counties and municipalities. It also preserves other 
recorcis of permanent historical interest, including prixate manuscripts, maps and 
photographs. 

The Archives and Records Section maintains ox'cr 50,000 cubic teet of records 
containing more than 100 million pieces of paper, 800,000 photographs, and 30,000 
reels of microhlm. The State Archives is nationally known and serves as a model tor 
the nation and other states. 

A courthouse may be torn down, a church may burn and I'ecords of great value 
may perish with them. Ottcn those records already hax'c been preserved in the state 
archives. The archix'cs arc an especially rich source of data lor anyone interested in 
lamih' genealogy. 

Historical Publications 

The fiistorical Publications Section is responsible tor the publication ot 
documentary volumes, periodicals, pamphlets, leaflets, maps and other materials on 
North Carolina history This section publishes volumes of addresses and public papers 
of each North Carolina governor at the close ot his administration. Among ongoing 
projects is the pubhcation of North Carolina Troops, 1861-1865, a comprehensive 
Civil War roster. The North Carolina Historical Review, published quarterly is one of 
the most respected publications ot its kind m tlie United States. 

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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Historic Sites 

The purpose of North Carolina Historic Sites is to preserve throughout the state 
significant properties related to events, people and themes important to our past. 
The 22 state historic sites preserve buildings and grounds for the enjoyment of all 
visitors and for future generations who wish to learn more about the Tar Heel State. 
In addition, artifacts unique to each site are preserved so that the Hfestyles of our 
ancestors can be better understood. The sites are open to the public on a daily basis 
and admission to most sites is free. 

North Carolina Maritime Museum 

The museum's mission is to preserve and interpret all aspects of the rich maritime 
heritage found in North Carolina's coastal environment. Its organization includes 
administrative, education, maritime and exhibits branches, as well as oversight of 
two branch facilities: the North Carolina Maritime Museum in Southport and the 
North Carolina Maritime Museum on Roanoke Island. The Beaufort facility has an 
active Boatbuilding Program and offers many environmental education programs, 
including the Cape Lookout Studies Program, which operates from a remote facility 
on North Carolina's Outer Banks. 

State Capitol/Visitor Seryices 

This section operates the historic State Capitol, whose staff researches, interprets 
and preserves the National Historic Landmark building that was completed in 1840 
and the Capital Area Visitor Center, which schedules and coordinates tours of state- 
owned points of interest, conducts tours and programs for the Executive Mansion 
and provides visitor information about the city for the general public. 

State Historic Preservation Office 

This section assists private citizens, private institutions, local governments and 
agencies of state and federal government in identihcation, evaluation, protection and 
enhancement of properties significant in North Carolina history and archaeology 
Among the responsibilities of this section are oversight of the statewide survey of 
historic, prehistoric and underwater archaeological sites and of historical architectural 
sites, as well as coordination of the National Register program. Staff members also 
provide technical support and advice for restoration of historic properties and 
administer a program of grants. 

Tryon Palace Historic Site & Gardens 

Visitors can enjoy daily tours of North Carolina's restored colonial capitol and 
governor's residence, originally completed in 1770 for Governor William Tryon. The 
site also includes the John Wright Stanly House (1779), the Dixon-Stevenson House 
(ca. 1830), the New Bern Academy (ca. 1809), the Robert Hay House (ca. 1804) and 
tourteen acres of period-inspired gardens. The staff researches, collects, preserves 

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NORTH CAROLINA MANUAL 1999-2000 

and interprets the material culture of New Bern in the context of North Carolina's 
history. Programs include guided tours, crafts programs, summer drama tours, garden 
workshops, lectures, workshops, concerts, the annual Decorative Arts Symposium 
and seasonal special events. Tryon Palace Historic Site & Gardens is open to the 
public daily There is an admission fee. 

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 m 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 pnmary mission was to provide assistance, ad\ace and counsel 
to: all libraries; all communities that proposed to establish libraries; and all persons 
interested m the best means of establishing and administering libraries. By action of 
the General Assembly in 1955, the State Library and the Library Commission were 
merged to form a single State Library 

Today, the State Library is a division of the Department of Cultural Resources. 
The State Library Commission, a 15-member group of citizens and professional 
librarians, advises the Secretary of Cultural Resources and the State Librarian on 
priorities and policy issues. 

The State Library of North Carolina focuses its services to the people of the state 
in three ways: CD by working in partnership with local communities to develop 
public library services statewide; (2) by developing library networks coordinating 
efforts among all types of libraries to provide 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 with an emphasis on genealog)' researchers 
and blind and physically handicapped people in North Carolina. 

The Library Development Section works closely with local communities to ensure 
that every public library in the state offers the best possible service. Section staff also 
work with libraries in North Carolmas public schools, colleges and universities to 
strengthen library services statewide. The consultant staif provides continuing 
education, consulting assistance and other types of support to local library stall, 
library board members and local officials. 

The State Library also offers a rich array of statewide programs that support the 
efforts of local public libraries. Its Summer Reading Program is offered in most of the 
states 75 public library systems, reaching more than 80,000 North Carolina children 
each year who read more than 2 milUon books during the summer. The Quiz Bowl 
offers more than 2,000 high school students from 268 high schools the opportunity 



346 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

to participate in a statewide academic competition. The Center for the Book, another 
State Library program, coordinates a variety of programs available through local 
libraries that focus on books and the value of reading. 

The State Library manages two grant programs aimed at strengthening local library 
services. The Aid to Public Libraries Fund is a state program that provides on-going 
grants for qualihed local libraries on a formula basis. The federal Library Services 
and Technology Act provides grants to support cooperative programs among libraries 
and expand services in areas that are underserved. 

The Internet is transforming the way that North Carolina's libraries do business. 
The new telecommunications technologies are removing barriers created by rural 
isolation, poverty and institutional resources. The State Library provides a variety of 
programs and services to help local public libraries close the "digital divide" in their 
community by providing access to the Internet to people of all ages. Another innovative 
program - NC LIVE - provides access to magazine articles and reference books online 
to library patrons in all 100 counties. 

The Library' Services Section acquires and makes available informational materials 
to meet the work-related needs of state government employees. A staff of 
professionally-trained librarians assists users in meeting their informational needs 
using a collection that includes state and federal government publications, online 
and CD-ROM databases, books, videos and newspaper and magazine subscriptions. 
The State Library's web site — www.statelibrarydcr.state.nc.us. - has additional 
information on how to use the library's collections and services, as well as links to its 
online public access catalog and an electronic reference request form. 

The State Library is North Carolina's ofhcial state documents depository The 
library's State Publications Clearinghouse collects, catalogs and distributes state 
government publications to depository libraries statevvdde. Staff at the State Library 
are developing innovative online search and retrieval resources to improve public 
access to state government information in electronic format. 

Both the State Library and the Division of Archives and History collect materials 
for genealogical research. The State Library's collection consists of secondary sources 
such as books, family and county histories and census records. Archives and History 
has primary sources — the original documents. 

The Library for the Blind and Physically Handicapped offers free service to any 
North Carolinian unable to hold or read ordinary printed library materials because 
of physical or visual disability This program is part of the Library of Congress National 
Library Service for the Blind and Physically Handicapped. Recorded on long-playing 
records or cassette tapes, in large type or Braille, the materials include books and 
magazines of all kinds and for all ages. Special playback equipment for these materials 
is also provided. 



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NORTH CAROLINA MANUAL 1999-2000 

Dhision of the N.C. Arts Council 

The Norih Carolina Arts Council strives lo enrich the cullural life of the stale by 
nurturing and supporting excellence in the arts and prox'iding opportunities for every 
North Carolinian to experience the arts. The North Carolina Arts Council was 
established by executix'e order of Governor Terry Sanford in 1964 and became a 
statutory agency in 1967. Through a 24-member board ol directors appointed by the 
gox'ernor, the council serves as the steward of state and federal funds appropriated 
tor arts programs. The council is recognized nationally for its innovative leadership 
in arts programming. 

N.C. Arts Council Programs 

Arts in Communities: Arts m Communities works with local arts councils, 
multicultural organizations, local government agencies and other community groups 
to make the arts an integral j^art of community life. The Arts in Communities staff 
directs the Grassroots Arts Program, a per-capita tunding program recognized around 
the country as a model for stimulating community-based arts development by 
emphasizing decision-making at the local level. Arts m Communities also directs the 
Regional Artists Project Grant program, which provides funds to regional consortia 
of local arts councils to award project grants to artists m their regions, and the 
Multicultural Organizational Development Program, which provides targeted 
assistance to previously under-served communities. 

Arts in Education: Through Arts in Education Partnerships, the council 
encourages long-term collaborative initiatives betweens arts organizations, artists and 
schools. These programs underscore the key role the arts pla)' at the core of learning. 

Arts and Tourism: The council provides consultations, technical assistance and 
information to help arts organizations develop tourism initiatives. Marketing and 
public relations strategies are developed by the council to promote the states arts 
resources to tourists. 

Folklife: The council oversees initiatives to celebrate the states cultural heritage 
and promote public appreciation ot folklife, including surveys of traditional culture 
in communities across the state. The council initiated Eolk Heritage Awards in 1989. 
More than 90 artists have been honored since then. 

Literary, Visual and Performing Arts: The council proxides hnancial support, 
mlormation resources and organizational development assistance to museums, 
symphonies, dance and opera companies, craft schools, theaters, galleries, literary 
publications, public media organizations, arts centers, summer music, dance and 
theater festivals and outdoor dramas. Eellowships are awarded to 25 artists each year 
to support their work and, thus, the creative vitality of the state. 

Touring and Presenting: The council publishes a listing of selected North Carolina 
artists and companies m all disciplines who work in performance and residenc\- 



348 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

settings. It provides funds to organizations to hire artists and companies for school 
or community activities such as performances, workshops, readings, residencies, 
festivals and after-school and summer programs. 

Public Art: The council administers the Artworks for State Buildings program, 
for which 63 artworks were commissioned using one-half of one percent of a buildings 
construction budget between 1989 and 1995. Council staff also provides assistance 
to communities interested in public art projects and community design. 

Communications: The council publishes a free journal, ncarts, three times a 
year. The journal covers issues and activities of statewide importance in the arts. A 
brochure. Arts, and a video. Artful State, are also available from the council. A website, 
www.ncarts.org, provides access and links to arts programs locally and nationally 
The council also provides research and information services, statistical data about 
the arts and mailing lists. 

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 m the nation to devote public funds for 
that purpose. With that first appropriation, the museum acquired 139 paintings that 
included works by Rubens, Canaletto, Gainsborough, Copley and Homer. This 
appropriation attracted a gift from the Samuel H. Kress Foundation, which donated 
most of the museums collection of Italian Renaissance and Baroque art. 

Since those early days, the museum has acquired Egyptian, Greek, Roman, African 
and Pre-Columbian art. Its important collection of Jewish ceremonial objects is the 
only one of its kind in a general museum in the United States. Today, the museum's 
collection houses works by Canova, Monet and Pissarro. The modern collection 
includes works by Hartley, O'Keeffe, Kline, Stella, Moore, Kiefer and Wyeth, as well 
as a significant group of German Expressionist paintings. 

Docents conduct tours of the art collection and tours of special exhibitions for 
groups, including school children who visit the museum for tours geared to their 
curriculum. A daily public tour is offered at 1:30 p.m. The museum presents lectures, 
concerts, films, classes, workshops for children and seminars for teachers. During 
warm weather months, the museums Joseph M. Bryan, Jr., Theater is the setting for 
a wide range of popular outdoor programs and events. 

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 CaroUna Museum of Art Foundation. Located at 
2110 Blue Ridge Road in Raleigh, the museum is open from 9 a.m. to 5 p.m. Tuesdays 



349 



NORTH CAROLINA MANUAL 1999-2000 

through Saturdays; 9 a.m. to 9 p.m. on Fridays; 1 1 a.m. to 6 p.m. on Sundays and is 
closed Mondays. A full-service restaurant and a gift shop are available to visitors. 
Admission to the museum is iree; however, there may be an admission charge for 
special exhibitions or programs. 

The North Carolina Symphony 

The North Carolina Symphony has the distinction of being the first orchestra in 
the country to receive continuous state funding. When the 1943 General Assembly 
passed the "Horn-Tootin' Bill," the symphony began taking the orchestra to the people 
of the state, a tradition that continues today In its role as North Carolina's premier 
performing arts organization, the North Carolina Symphony travels more than 20,000 
miles during the regular season each year, performing in large and small communities 
from the mountains to the coast. Presenting approximately 185 concerts throughout 
the state, the orchestra reaches 100,000 children and more than 275,000 adults each 
year. 

Under the leadership of Music Director and Conductor Gerhardt Zimmermann 
and Associate Conductor William Henry Curry, the North Carolina S>Tnphony ranks 
as one of the nations major orchestras, presenting the finest m live, symphonic music. 
In addition to its outstanding reputation, the s)Tnphony also has one of the most 
extensive music education programs m the country More than 50 of its yearly concerts 
are given free of admission to school children throughout the state, in their home 
communities. 

Along with Its statewide concerts, the orchestra presents 75 classical and pops 
concerts each year m the Raleigh, Durham, Chapel Hill and Gary metropolitan area. 
The North Carolina Symphony is a full-time, professional orchestra with 65 members, 
currently based in Raleigh's Memorial Auditorium. When it opens m February, 2001, 
the new, 1,700-seat Meymandi Concert Hall will become the permanent home of the 
North Carolina Symphony 

This highly-respected orchestra has appeared twice at Carnegie Hall m New York 
City and once each at Orchestra Hall in Chicago and the Kennedy Center in 
Washington, D.G. World-renowned soloists and conductors including Andre Watts, 
Nadja Salerno-Sonnenberg, Doc Severmsen, Raymond Leppard and Lynn Harrell 
regularly perform with the North Carolina Symphony The symphony has produced 
four recordings: one of Durham composer Robert Wards compositions, one ol holida\- 
pops music, an all-Beethoven recording and a recording of patriotic works entitled, 
Amcncan Favontcs. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Long known for its many conceits 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 
150,000 schoolchildren. Nationally recognized as a major orchestra by the American 
Orchestra League, the symphony 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 government agencies 
have instituted several special programs. 

The Governors 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 Ofhce 
of the Secretary and the department's various agencies sponsor programs to meet this 
need. The Arts Councils 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 states 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 departments goal is to assure that richness of North Carolina's cultural 
heritage should be available to everyone. 



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NORTH CAROLINA MANUAL 1999-2000 

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 

First Flight Centennial Commission 

For more information on the Department of Cullural Resources, call (919) 733- 
4867 or visit the departments Web site at http://web.dcr.state.nc.us . 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 




Betty Ray McCain 

Secretary of Cultural Resources 

Early Years 

Bom to Mary Perrett and Horace Truman Ray (both 
deceased). 

Educational Background 

Faison High School; St. Mary's College; University 
of North Carolina at Chapel Hill (A.B, m Music); 
Teacher's College, Columbia University New York 
(M.A. in Music). 

Professional Background 

Courier, Educational Travel Associates (escorted 

European tours 1952, 1954); Assistant Director, 

YWCA, UNC-Chapel Hill, 1953-55; Assistant to 

the Chair, Department of Internal Medicine, Medical College of Virginia, Richmond 

1955-56; Secretary Department of Cultural Resources, 1993-Present. 

Political Activities 

Chair and Staff Director, N.C. Democratic Party (unpaid), 1976-79; Co-chair, Jim 
Hunt Campaigns for Governor, 1976, 1980, and Senate Campaign, 1984, (unpaid), 
Campaign Volunteer, Jim Hunt for Governor, 1992, Lobbyist (unpaid) for ERA for 
Governor Jim Hunt. 

Boards and Commissions 

Current Posts Held: Life Member, Eriends of the N.C. Archives; Friends of the Wilson 
County Library; Friends of the Hackney Library at Barton College; Board of Directors, 
N.C. Institute of Medicine; Member, Board of Directors, UNC Center for Public 
Television; Board of Directors, Agency for Public Telecommunications; Member, 
Information Resources Management Commission; Member, N.C. School of the Arts 
Board of Trustees (ex-officio); Member, Board of Directors, Imagination Solution 
(Science Museum). Former Posts Held: President, N.C. Medical Auxiliary; Founding 
Board Member, N.C. Equity; 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 (hrst 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; 
Member, Board of Regents, Barium Springs Home for Children. 



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NORTH CAROLINA MANUAL 1999-2000 

Honors and Awards 

Distinguished Alumnae Award, UNC-Chapel Hill, 1^93; Recipient of State awards 
from the N.C. Heart Association, N.C. Easter Seal Society, Jaycetles (Women in 
Go\'ernment Award); Recipient of National Jaycettes (now Jaycee Women) Women 
in Goxernment Award, 1985; Democratic National Convention Delegate 1972, 1988; 
Mid-Term Conference, 1978, National Democratic Conference 1982; Award of Merit 
trom Wilson Downtown Business Association; Listed in Whos Who, Whos Who in 
American Politics, Whos Who in the South, and Whos Who in American Women; 
Honorary Degrees, UNC-Wilmington, UNC-Chapel Hill, Wake Forest University and 
Barton College. 

Personal Infonnation 

Married, Dr. John McCain of Wilson. Two children. Five grandchildren. Member, 
First Presbyterian, Wilson. 

Secretaries of Cultural Resources^ 

Nluuc Residence Term 

Samuel T Ragan- Moore 1972-1973 

GraceJ. Rohrer' Forsyath 1973-1977 

Sara W Hodgkms' Moore 1977-1985 

Patric G. 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 lor 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. 

■^ Hodgkms was appointed on January 10, 1977, by Governor Hunt to replace Rohrer. 

^ Dorsey was appointed January 7, 1985, by Governor Martin to replace Hodgkins. 

^ McCain was appointed January 11, 1993 by Governor Hunt. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Environment and Natural Resources 

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 
organization 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 states 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 services only task was to prevent 
and control wildfires. 

Also in 1 9 1 5 , the state parks system was born when Governor Locke Craig moved 
the General Assembly to save Mount Mitchell before loggers could rum 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 hshery resources. The board has 
the administrative power to regulate fisheries, enforce fishery laws and regulations, 
operate hatcheries and carry out shellfish rehabilitation 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, erosion 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 as a 
branch operation in 1935. A full-time Superintendent of State Parks was hired and 
the stage was set for parks management to develop into division status by 1948. 

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NORTH CAROLINA MANUAL 1999-2000 

By the late 1930s, interest had declined in managing the states geological and 
mineral resources, the function that has sparked the organizational push for natural 
resource management in the first place. Geological and mineralogical investigations 
at both federal and state levels were poorly supported financially. 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 Carolinas 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 1941, beginning with a ground water resources study That effort continued 
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 states 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 ftnally 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 todays complex and inclusive efforts to 
protect the states water resources. The act also provided an important part of the 
legal basis for todays water pollution control program. It established a pollution 
abatement and control program based on classifications and water quality standards 
appHed 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 programs 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 ot Forest Resources expanded its comprehensive services during 
the 1950- 1970s, as did many of the state agencies concerned with the growing 
complexity ot environmental issues. The nations 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 m 1969 and the first Fducational 
State Forest became operational in 1976. 

For the hrst half of this century, North Carolinas state parks grew simply through 
the generosity of public-spirited citizens. Appropriations for operations were minimal 
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 11. 

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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Steady growth in park attendance, and a corresponding need for more 
appropriations 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 parkland 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 several 
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 hrst 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 states involvement m 
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 created 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 states 
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 departments. The remaining 
divisions were combined with the Health Services Division from the N.C. Department 
of Human Resources to form the new agency The creation 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. 



357 



NORTH CAROLINA MANUAL 1999-2000 

From 198s) lo 1997, new DEHNR divisions were formed, others split and slill 
others expanded in both manpower and regulator)' authority. The increases and 
changes were in response to a new awareness by the pubHc 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 Governors Council on Physical 
Fitness and Health and Healthy Carolinians 2000 followed. The states three ac(uariums 
merged into one ofhce 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 environment 
that supports us. Several of the departments 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 m an 
increase in Department manpower. Stafhng reached 4,650 by 1997. The growing 
response to environmental problems brought an intusion of money tor inspectors, 
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 improvements 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 ol funding — 75 percent of what the state had been taking Irom 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 ol 10,000 underground gasoline 
storage tanks thought to be leaking at an)' gix'en time in the state. Some of the state's 
gasoline tax rex'enues have been earmarked to help owners clean up tank spills. 

By the mid-1990s, the fund was facing a dehcit because of the overwhelming 
costs invoh'ed and the large numbers ol underground tanks potentially leaking beneath 
North Carolina's soil. The department also began to respond to new concerns about 
fish kills, polluted streams and run-olf ol nitrogen and other substances into rivers 
and creeks. In 1995 and 1996, animal waste spills into rix'ers 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 divisions; and training 
requirements for farm operators. 

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. Onjune 1, 1997, health functions were transferred to the Department of Human 
Resources — which changed its name, as well. 



358 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Department of Environment and Natural Resources was born. Before the 
new department was even a year old, water pollution was rising to the top of the 
states list of environmental concerns. 

Chemists and scientists waged batde daily with "headline" problems — pfiesteria 
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 stormwater and sedimentation 
run-off and nutrient pollution. 

In August, 1997, Governor Hunt signed into law the most comprehensive piece 
of environmental legislation m the states 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 states 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 states waters and the 
legislatively-funded Clean Water Management Trust Eund. Other effective measures 
included restoration of our wetlands, and an expanded environmental education 
program for the states students and general population. 

The environmental challenges were many, but a better and cleaner environment 
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 departments work is carried out by nearly 3,600 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 
department rests with a secretary appointed by the governor. Working with the 
secretary to manage the department's divisions and offices are two deputy secretaries 
and two assistant secretaries. Functions within the Ofhce of the Secretary include: 



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NORTH CAROLINA MANUAL 1999-2000 

Ojfice of the General Counsel: The Office of the General Counsel provides legal 
opinions and advice to divisions in the department; negotiates settlement agreements; 
reviews and evaluates the legal aspects of department activities and programs; conducts 
all personnel case appeals; and administers enforcement actions taken by the 
department. 

Ojfice of Legislative and Inter-Governmental Affairs: This ofhce is the department's 
liaison with the North Carolina General Assembly and local governments. 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 departments field 
representatives. The office works closely with each division to ensure adequate 
representation of the departments interest. 

Office of Public Affairs: Public Affairs provides graphic art, publication, 
photographic and writing/editing services for the department and its divisions. The 
otiice also informs the public and media about the departments programs and available 
services. 

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 community level. Regional offices are m Asheville, 
FayetteviUe, Mooresville, Raleigh, Washington, Wilmington and Winston-Salem. 

Assistant Secretary for Environmental Protection 

The Assistant Secretary for Environmental Protection is the chief administrative 
officer for the following departmental functions: 

Air Quality Division: Air Quality regulates the qualit)' 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 cjuality 
standards, monitors air quality and operates 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 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 fiealth is responsible for the 
protection of public health through the control of environmental hazards that cause 
human illness. Its programs include the protection of drinking water, wastewater 
management, restaurant sanitation grading, shellfish sanitation, pest management 
and lead poisoning. 



360 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Land Resources Division: Land Resources is responsible for protecting and 
conserving the states land, mineral and related resources. Its programs 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 states 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 programs are the divisions core elements. 

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 comprehensive 
planning and management of the states surface water and groundwater resources. 
This di\'ision issues permits to control sources of pollution; monitors permitted facility 
compliance; evaluates water quality; and pursues enforcement actions for violations 
of state water resource protection regulations. 

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, hydroelectric power and recreational 
uses of water. 

Assistant Secretary for Natural Resources 

The Assistant Secretary for Natural Resources manages the following departmental 
functions: 

Forest Resources Division: Forest Resources is the lead agency in managing, 
protecting and developing the state's forest resources. This division carries out forest 
management, assistance to private landowners, reforestation, forest fire prevention 
and suppression, and insect and disease 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. 

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. 

361 



NORTH CAROLINA MANUAL 1999-2000 

N.C. Museum of Natural Science: The museum promotes the importance of the 
biodiversity ot the stale and the Southeastern United States by collecting, preservmg 
and displaying North Carolina's natural resources. It offers educational exhibits and 
programs for children, teachers, adults and families to preserve North Carolina's natural 
history 

Office of Environmental Education: Environmental Education serves as a 
clearinghouse lor environmental education information at the state level. The ofhce 
coordinates department enx'ironmental education programs and activities and works 
with public schools and libraries to educate the public about environmental issues. 

Parks and Recreation Division: Parks and Recreation administers a statewide 
system ot park and recreation resources. It manages state parks, state natural areas, 
state recreation areas, state trails, state lakes and natural and scenic rix'ers. 

Soil and Water Conservation: Soil and Water Conservation administers a statewide 
program for the conser\'ation of North Carolina's soil and water resources. It ser\'es 
as staft for the state's Soil and 'Water Conservation Commission and assists the 94 
local soil and water conservation districts and their state association. 

Zoolo^cal Park: The North Carolina Zoo displays representative species of animal 
and plant life from the world's land and sea masses. It also provides educational and 
research opportunities. The zoo maintains a program for the conservation, preservation 
and propagation of endangered and threatened plant and animal species. 

Wildlife Resources Commission 

The commission is a semi-autonomous agency thai manages and protects wildlife 
in the state. The commission conducts restoration programs lor endangered species 
of wqldlife and restocks game hsh m state waters. It is responsible for boating safety 
and boat registration, construction of boat access areas and hunter safety programs. 
The commission conducts an extensive environmental education program for the 
state's school-age children. A force of wildlife olhcers patrols the state's waters and 
the commission issues permits to hsh m the state's water and to hunt on land areas. 

Environmental and Natural Resource-Related Committees and Boards 

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 



362 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Marine Fisheries Commission 

Mining Commission 

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 

North Carolina Trails Committee 

Water Pollution Control System Operators Certification Commission 

Water Treatment Facility Operators Certification Board 

Zoological Park Council 

The following are authorized by Secretary of Department of Environment and Natural 
Resources (G.S. 113A-223) 

Aquatic Weed Council 

Geological Advisory Committee 

Neuse-White Oak Citizen Advisory Committee 

Scientific Advisory Board on Toxic Air Pollutants, Secretary's 

The following are authorized by Executive Order 

Geographic Information Coordinating Council 
Other Boards and Commissions 

Mining Commission Education Committee 

Parent Advisory Council 

N.C. Zoological Society 

N.C. Aquarium Society 

Friends of the Museum 

For more information about the Department of Environment and Natural 
Resources, call (919) 733-4984 or visit the department's Web site at 
www.enr.state.nc.us . 

363 



NORTH CAROLINA MANUAL 1999-2000 




William E. Holman 

Secretary of Environment and 
Natural Resources 

Early Years 

Born September 27, 1956, m Greensboro to Earl 
and Jane Holman. 

Educational Background 

Sanderson High School, Raleigh, 1974; Magna 
Cum Laude, B.S. in Biology, N.C. State University, 
1978. 

Professional Background 

Lobbyist, Conservation Council, 1979; Lobbyist 

and Consultant, Conservation Council and Sierra 

Club, 1985; Lobbyist, N.C. Chapter of the American Planning Association, N.C. 

Public Transportation Association and the N.C. Coalition for Public Transportation; 

Director of Government Relations, N.C. Chapter of the Nature Conservancy, 1997. 

Political Activities 

Assistant Secretary for Environmental Protection, N.C. Department of Environmental 
and Natural Resources, 1998; Secretary, N.C. Department ot Environmental and 
Natural Resources, 1999. 

Organizations 

Phi Kappa Phi Honor Society; Conservation Council of North Carolina; Clean Water 
Fund of North Carolina; The Nature Conservancy; Pamlico-Tar River Eoundation; 
Sierra Club; N.C. Coastal Federation; Neuse River Foundation; Western N.C. Alliance; 
Southern Appalachian Highlands Conservancy; Sandhills Area Land Trust; Triangle 
Land Conservancy; Trout Unlimited; Coastal Conservation Association; National 
Wildlife Federation; N.C. Wildlife Federation; Environmental Defense Fund; Natural 
Resources Defense Council; Earth Justice Legal Defense Fund; N.C. Forestry 
Association. 

Honors and Awards 

Distinguished Alumni Award, College of Agriculture and Life Sciences, N.C. State 
University 1998; 1999 North Carolina Conservationist of the Year, Governors Award, 
North Carolina Wildlife Federation. 

Personal Information 

Married, Stephanie Bass on August 24, 1985. 



364 



THE COUNCIL OF STATE A 


ND THE EXECUTIVE BRANCH 


i CHAPTER FOUR 


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 Grimsley'' 


Wake 


1981-1983 


James A. Summer*^ 


Rowan 


1984-1985 


S. Thomas Rhodes^ 


New Hanover 


1985-1988 


WilHam W Cobey,Jr.'° 


Rowan 


1989-1993 


Jonathan B. Howes 


Orange 


1993-1997 


Wayne McDevitt^' 


Madison 


1997-1999 


Bill Holman'^ 


Wake 


1999-Present 



^ The Executive Organization Act, passed by the 1971 General Assembly, created 
the Department of Natural and Economic Resources with provisions for a secretary 
appointed by the governor. The 1977 General Assembly took further steps in 
government reorganization, renaming the agency the Department of Natural 
Resources and Community Development. NRCD was reorganized and renamed 
by legislative action in the 1989 General Assembly. 

^ Sowers was appointed by Governor Scott and served until his resignation effective 
November 30, 1971. 

^ Bradshaw was appomted by Governor Scott and served until his resignation in 
1973. 

'^ Harrington was appointed on January 5, 1973, by Governor Holshouser to replace 
Bradshaw. He resigned effective February 29, 1976. 

^ Little was appointed on March 1, 1976, by Governor Holshouser to replace 
Harrington. 

^ Lee was appointed on January 10, 1977, by Governor Hunt to replace Little. He 
resigned effective July 31, 1981. 

^ Grimsley was appointed on August 1, 1981, to replace Lee. He resigned effective 
December 31, 1983. 

^ Summers was appointed on January 1, 1984, by Governor Hunt. He resigned 
effective January 5, 1985. 

'^ Rhodes was appomted January 7, 1985, by Governor Martin to replace Grimsley 

'^^ Cobey was appointed by Governor Martin in January, 1989. 

" McDevitt was appointed by Governor Hunt in August, 1997. 

'•^ Holman was appointed by Governor Hunt in September, 1999. 

365 



NORTH CAROLINA MANUAL 1999-2000 

Department of Health and Human Services 

The N.C. Deparlmenl ol Heallh and Human Services (DHHS) aims to build a 
stronger North Carolina by enabling individuals, families and communities to be 
heahhy and secure and to achieve social and economic v/ell-being. The departments 
programs and services atlect the lives ol over seven million North Carolinians, 
including the states most vulnerable citizens. Those programs and services range 
Irom promoting disease prevention and helping the disable lunction at their peak to 
those that relieve the impact ol pox-erty and encourage self-sulhciency 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 
mortality; and to prevent and treat drug and alcohol abuses. 

To provide appropriate, meaningfid and challenging educational programs 
and services which enable at-risk and special needs children to succeed in 
a changing world. 

DHHS accomplishes its goals of providing access to health and human 
services through cooperative arrangements with federal, county and 
municipal agencies and community organizations. 

Office of the Secretary 

The Secretary lor the Department ol Health and Human Services is the 
departments chiel executive officer. Appointed by the gox'crnor, the secretary holds 
statutory authority to plan and direct its programs and services. The secretary is 
supported by a deputy secretary; a chiel of stall; an Assistant Secretary for Aging, 
Disability and Long-Term Health Care; an Assistant Secretary for Budget, Management 
and Planning; an Assistant Secretary lor Health; and an Assistant Secretary for Human 
Services and Education Policy. Other special personnel who report directly to the 
secretary are die Division of Human Resources, the Office ol Communicalions, the 
Office of Legal Affairs, the Office ol Intergovernmental Relations and ihc Ollice of 
Research and Developmeni. The secretary oversees and manages the departments 
array of programs and services directed toward special client populations. 



366 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Department of Health and Human Services' divisions include: 

Division of Aging 

The Division of Aging develops and manages several programs that enhance the 
lives of North Carolina's older population. This division works with local agencies 
across the state to promote services 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 available 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 ofhce staff administers its programs through 18 
area agencies on aging. The area agencies provide grants for services to each county. 

Division of Services for the Blind 

This division provides eye-related medical services, independent living services 
and employment services for North Carohnians who are blind and visually-impaired. 
At the same time, it promotes the prevention of blindness through educational 
programs and regular \ision screenings and tests for conditions such as glaucoma. 

The division provides funds for eligible individuals who cannot afford eye 
examinations, glasses or other treatment. Blind and visually-impaired individuals 
maintain their employment or hnd new job opportunities through the division's 
comprehensive Vocational Rehabilitation Program. The program provides counseling, 
guidance, work evaluation and extensive job training and placement. The division 
also offers services that make it possible for blind people to operate food service, 
vending and some other businesses. 

To help blind people achieve self-sufhciency, the Division of Services for the 
Blind offers a variety of specialized services that include instruction in Braille, computer 
and adaptive technology training, life skills, orientation and mobility training through 
the N.C. Rehabilitation Center for the Blind. 

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 deputy secretary. 



367 



NORTH CAROLINA MANUAL 1999-2000 

This division addresses the departments need for m-depth, on-going monitoring 
and analysis of program operations and budget utilization. The division manages the 
development and operation of the departments budget and provides departmental 
serxices in the area of purchasing and contracts; property management and control; 
and management of special reports. 

The division is also responsible for aiding m the development of department 
legislative policy and keeping track of all legislative action that affects the departments 
budget. 

Division of Child Development 

The Division ot Child Development vvorks to ensure safe and developmentally- 
appropriate child care for young children through licensing, monitoring, investigating 
allegations of abuse and neglect, and regulating child care ser\'ices 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 m a state where over 200,000 children spend 
part or all of their day m regulated child care. 

This division is responsible tor coordinating the training of personnel who work 
in early childhood programs and for providing information about early childhood 
issues to parents and the general public. The division 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 opportunities and public 
information. Some of these projects include child care resources and referral services, 
consumer education and scholarships and stipends tor child care teachers. 

The Division of Child Development provides support to the Smart Start initiative, 
a program invoMng public and private agency that ensures children will start school 
healthy and ready to succeed. 

Division of Early Intervention and Education 

The mission of DEIE is to provide state-level leadership and policy for the 
Governor Morehead School for the Blind, Raleigh; the Eastern School for the Deal", 
Wilson; the Central School for the Deaf, Greensboro; and the Western School for the 
Deaf, Morganton. The divisions teaching staff is roughly equivalent to a school system 
of 8,000 students. Services to children and families include: 

Four residential schools serving school-age children with hearing or 
vision impairments. 

The Preschool/Early Intervention Programs serving hearing- or vision- 
impaired children ages birth to five. 



368 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Infant-Toddler Program serving children ages birth to three who have 
developmental delays. 

Developmental Evaluation Centers serving children who do need 
evaluation or therapy. 

The division served over 30,000 children and families in 1999. It also 
provides policy and program support to 13 schools located in facilities 
operated by the Division of Mental Health. 

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 Ser\ices; On-Site Wastewater and Shellfish 
Sanitation sections. The divisions 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 establishments. 

Division of Facility Services 

This division inspects, certifies, registers and licenses hospitals, nursing homes, 
mental health facihties, 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 Eacilities 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 states 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 divisions other 
responsibilities include inspection and compliance enforcement, as well as 
construction approval, for local jails. 

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 information systems, employee relations and human resource business 
services. 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 



369 



NORTH CAROLINA MANUAL 1999-2000 

delivery of social, mental health and public health services to citizens across the 
state. I lie duision administers human resources programs and services for each of 
the departments 12 program dix'isions and 1*-) human resources facilities dispersed 
geographicalK' throughout the state. 

Division of lufonnation Resource Management 

This division supports DHHSs business and client record-keeping needs using 
some ol 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. 

Division of Medical Assistance 

This dix'ision administers the States Medicaid program, which currently serves 
more than 1.2 million people including 450,000 children living in North Carolina. 
People eligible to receive Medicaid include the elderly blind and disabled, as well as 
children and caregivers. Pregnant women whose income and assets are inadecjuate 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 doctor Msits, 
hospital stays, prescription drugs, eye care, dental care, nursing home and m-home 
services. County departments ol social services determine eligibility. 

This division manages the Community Alternatix^^s Program, which helps the 
elderly and disabled remain in their homes by prox'iding needed health and personal 
care services. Without such services, many frail and severely disabled citizens and 
their families would have to opt tor nursing home care. 

Womens 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 Carolinas infant 
death rate and is run jointly by the Division of Medical Assistance and the Dix'ision 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 cjuality of health 
care among low-income children. It guarantees eligible children regular comprehensive 
health exams that include necessary immunizations, screenings and lollow-up care. 



370 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 works with the statewide 
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 educational institutions. 

This division plans and provides residential services for people with mental 
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 treatment, 
residential and educational services available to people through area mental health 
centers in the states 100 counties. These community care programs are locally operated 
by area authorities managed by the local governments. 

Local programs help people m the communities where they live, instead of 
depending on institutionahzation. Services include local crisis services, partial 
hospitalization, detoxification services, residential treatment group homes, halfway 
house, vocational workshops, family respite, educational programs and other services 
needed by those with mental, developmental and addictive disabilities. 

Division of Public Health 

This division houses several health-related functions including the Dental Health 
Services Section, the Office of Minority Health, the Local Health Services Section and 
the Office of Public Health Nursing and Professional Development. 

It also includes the Epidemiology Division. This division is responsible for 
collecting, evaluating and interpreting data on health-related occurrences including 
births, deaths, marriages, divorces, communicable diseases and occupational diseases 
and conditions. The division investigates and evaluates potentially hazardous 
environmental situations. It enforces control measures for communicable diseases 
and certain hazardous substances such as asbestos and lead. Epidemiology also 



371 



NORTH CAROLINA MANUAL 1999-2000 

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 divisions 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 responsible for collection, analysis and distribution 
of data related to the health status of North Carolina's citizens. It does this through 
annual publications, special research, statistical reports and electronic media. The 
center houses the state's geographic information system (CIS) which maintains a 
database of natural and health-related information. 

The Office of Post-Mortem Medicolegal Examination is a statev^dde public ser\qce 
organization that provides health benefits to the state's citizens. Medical examiners 
provide forensic expertise in deaths caused by criminal acts, suicides and any other 
suspicious, unusual or unnatural circumstances. 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 consulting 
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 sciences, microbiology and virology/serology 

Dental Health Services pro\ides preventive dental and educational services to 
the citizens of North Carolina. Its services include oral health screening and referral; 
tluoride mouth rinse, community water fluoridation support and dental sealants. 
The section assists local communities with developing local clinical programs to 
improve access to dental care, especially for children. 

The Ofhce 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 private organizations. 
The ofhce provides partnership development, consultation, technical assistance, 
training and information dissemination. OMH also facilitates access to health care 
lor migrant farm workers and refugee populations. 

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 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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/budgetary matters and organization of 
support staff and records management. The office facilitates and provides training 
and education for the public health workforce. 

This division also mcludes the Women's Health, Children and Youth, 
Immunization and Nutrition Services sections. The sections' primary mission is to 
assure, promote and protect the health of women, children, adolescents and families 
in North Carolina. 

The sections' programs include primary and preventive health services for women 
of child-bearing age, children from infancy through adolescence and children with 
developmental disabilities and other special needs. The sections supports services 
provided by local health departments, physician offices, community health centers, 
schools, day care centers and other community organizations. 

Division of Services for the Deaf and the Hard of Hearing 

This division 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, advocacy for persons who are deaf or 
hard of hearing and for those who are deaf with one or more other handicaps and 
interpreter services. In addition to making resources and training opportunities 
available to persons who are deaf or hard of hearing, the centers also promote public 
awareness 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 community-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. 

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. 



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NORTH CAROLINA MANUAL 1999-2000 

This division is responsible lor the management oi the Teleeommunications 
Devices lor the Deal (TDD) special equipment distribution pixigram to eligible hearing 
and speech-impaired persons ages 7 and older. Equipment includes TTY 
communication units that allow deal and speech-disabled persons to communicate 
over the telephone with others who have similar units, telephone ring signal units 
and special telephone amplifiers for hard oi hearing persons. 

The division conducts a community and educational interpreter assessment and 
certilication program to evaluate the competencies of interpreters so they may assist 
persons who are deaf and heard of hearing in a wide raiige 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 tor new programs or serMces. 

Division of Social Services 

This diMsion assists mdix'iduals 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 m need move tow^ard self-sufficiency 

This di\'ision administers the Temporary Assistance for Needy Families (Tz'\NF) 
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 Irom absent parents. It also pro\'ides foster care serx'ices that place 
children m private homes, group homes and other designated lixing arrangements, 
as well as adoption ser\ices that place children with permanent caring families. The 
Division of Social Services provides protective services that identify youngsters who 
are at risk ol abuse or neglect and provides help to assure them safety The division 
operates adolescent parenting programs that acquaint young mothers with pregnancy 
prevention methods and responsible behavior to reduce the incidence of further 
pregnancies. 

Disadvantaged young people between the ages of 16 and 21 can get information 
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. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 states citizens with a wide range of services that include 
evaluations and retraining for suitable job placement. Vocational rehabilitation 
counselors work with business and community agencies to help them prepare their 
work sites to 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 satisfactory and rewarding 
work. Counselors design packages of rehabilitation 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 
disabled. 

The Division of Vocational Rehabilitation Services manages the Disability 
Determination Section (DDS) for the 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 Youth Services 

This division provides comprehensive care programs for troubled youths between 
the ages of seven and 17. The division offers funding and technical assistance to local 
community programs through the Community-Based Alternatives (CBA), Governors 
One-On-One and Support Our Students programs, as well as non-institutional 
residential ser\ices 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 partnerships between the state and local organizations serve more than 
30,000 children in North Carolina. 

The Governors 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 15 with behavioral problems or past encounters with the 
states 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, productive adult lives. 



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NORTH CAROLINA MANUAL 1999-2000 

The Support Our Schools program operates from 150 sites m 64 counties in 
North Carohna. SOS works to reduce the number of youths who are unsupervised 
after school hours and to improve students' academic performance. Community 
volunteers across the state donate their time and talent to work one-on-one with 
students, teach classes and help with fundraismg. 

The division emphasizes problem prevention and early intervention m the lives 
of youths who have broken the law. When all community-based resources have failed 
to help, however, repeat offenders ages ten to 17 are often placed by court order at 
one of the live training schools the division operates. The schools are located across 
the state in order to allow juvenile offenders to remain close to home while they 
receive treatment, education and rehabilitative ser\ices. 

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. 

Council on Dexelopmental Disabilities 

The council is a planning body working to ensure that the state of North Carolina 
responds to the needs of individuals with developmental disabihties — severe, chronic 
mental or physical impairments which begin at an early age and substantially limit 
major life activities. The council promotes the prevention of developmental disabilities; 
identifies the special needs of people with developmental disabilities; and helps meet 
those needs through interagency coordination, 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 Ser\ices by 
answering questions, cutting through red tape and serving as a clearinghouse for 
information on human ser\ices 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 problem 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 provided through DHHS. 

CARE-LINE, an information and reterral service, provides callers with information 
on and referrals to human service agencies within government, as well as non-profit 
agencies and support groups. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 global, public perspective to policy issues and discussions. 

This office also serves as the departments 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 communications such as newsletters, brochures, logos 
and special documents. 

Office of Controller 

The controller reports to the deputy secretary 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 allocation and reimbursement, cash 
management, accounting systems development, 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. 

Office of Intergovernmental Affairs 

This office handles liaison functions 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 provides grants management and 
development from both federal and private sources. It also houses the departments 
office for the Americans with Disabilities Act. 

Office of Legal Affairs 

This office provides legal advice to the secretary and serves as the liaison between 
the secretary and the Attorney General's Office. In addition, it 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 participates in policy- 
making decisions as well as in the drafting and review of proposed legislation. 



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NORTH CAROLINA MANUAL 1999-2000 



Office of Research, Demonstration and Rural Health Development 

The principal mission of ihe Office of Research, Demonstration and Rural Health 
Development is to strengthen and reinforce health services m rural areas by recruitmg 
physicians and other health professionals to work in medically-underserved 
communities. The olTice helps communities attract and recruit health care providers 
thiough the National Health Services Corps. 

The Office oi Research, Demonstration and Rural Health Development also 
supports rural hospitals with technical assistance and consultative services. Since its 
lounding in 1973, this office has hefped 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 m the nation to recognize the importance 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 

ADATC-Black Mountain - Human Rights Committee 

ADATC-Greenville - Human Rights Committee 

Advisory Committee on Family Centered Services 

Advisory Committee on Rehabihtation Centers for the Physically 
Disabled 

Black Mountain Center - Human Rights Alzheimers Commission 

Black Mountain Center - Human Rights DD Commission 

Broughton Hospital - Human Rights Committee 

Cancer Coordinating and Control Advisory Committee 

Caswell Center - Human Rights Committee 

Cherry Hospital - Human Rights Committee 

Child Day Care Commission 

Commission on Anatomy 

Commission for the Blind 

Commission on Children with Special Health Care Needs 

Commission on Fatherhood 

Commission for Mental Health, Developmental Disabilities and Substance 
Abuse Services 

Community of Butner Planning Commission 

Consumer and Advocacy Advisory Committee for the Blind 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Council on Sickle Cell Syndrome 

Developmental Disabilities Council 

Dorothea Dix - Hospital Human Rights Committee 

Drug Use Review Board 

Eastern School for the Blind - Human Rights Committee 

Emergency Medical Services Advisory Council 

Governor's Advisory Council on Aging 

Governor's Council on Alcohol and Other Drug Abuse 

Governor's Council on Physical Fitness and Health 

Governor Morehead School Board of Directors 

Governor's Task Force on Health Objectives for the Year 2000 

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 

Medical Care Advisory Committee 

Medical Care Commission 

Mental Health Planning Council 

Murdoch Center - Human Rights Committee 

N.C. Advisory Committee on Family-Centered Services 

N.C. Commission for Health Services 

N.C. Council for the Deaf and Hard of Hearing 

N.C. Heart Disease and Stroke Prevention Task Force 

N.C. Minority Health Advisory Council 

N.C. Partnership for Children, Inc. 

N.C. Special Care Unit 

N.C. Water Treatment Facility Operators 

O'Berry Center - Human Rights Committee 

Osteoporosis Task Force 

Penalty Review Committee 

Professional Advisory Committee 

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NORTH CAROLINA MANUAL 1999-2000 

Social Services Commission 

State Health Coordinating Council 

State Board of Sanitary Examiners 

Vocational Rehabilitation Council 

Western Carolina Center - Human Rights Commission 

Whitaker School - Human Rights Committee 

For more information about the N.C. Department of Health and Human Services, 
call (919) 733-4534 or visit the departments Web site at v>-"ww.dhr.state.nc.us/DHR . 
For information on referrals, call CARE-LINE at (800) 662-7030. 




H. David Bruton, MD 

Secretary of Health and Human 
Services 

Early Years 

Born Dec. 31, 1934 m Candor, Montgomerv 
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; Pediatric Residency, The Johns Hopkins 
Hospital, 1962-1964. 

Professional Background 

Pediatrician, Sandhills Pediatrics, Inc., 1966-1997; 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; 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 Education, 1968-1974; Chairman, N.C. State Board 
of Education, 1977-1982. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Honors and Awards 

1993 Public Service Award, N.C. Pediatric Society; Distinguished Alumni, UNC School 
of Medicine, 1980; Sandhills Builders Cup, 1994; Razor Walker Award, University of 
North Carolina at Wilmington, 1998. 

Military Service 

Captam, United States Air Force, 1964-1966. 

Personal Information 

Married, Frieda Bryant Bruton, 1957. Two children. Eight grandchildren; Member, 
United Methodist Church of Southern Pines. 

Secretaries of Health and Human Services^ 

Name Residence Term 

Lenox D. Baker^ Durham 1972-1973 

Da\dd T. Flaherty^ Wake 1973-1976 

Phillip J. Kirk, Jr.^ Rowan 1976-1977 

Sarah T. Morrow^ Guilford 1977-1985 

Lucy H. Bode^ Wake 1985 

Phillip J. Kirk, Jr.^ Rowan 1985-1987 

Paul Kayye^ Wake 1987 

David T. Flaherty'^ Wake 1987-1993 

C. Robm Britt, Sr. Guilford 1993-1997 

H. David Bruton Moore 1997-Present 

^ The Executive Organization Act, passed by the 1971 General Assembly, created 
the Department of Human Resources with provisions for a secretary appointed by 
the governor. 

^ Baker was appointed by Governor Scott. 

^ Flaherty was appointed on 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 effective 
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. 



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NORTH CAROLINA MANUAL 1999-2000 

Department of Revenue 

As Norih Carolina cnicrs ihe 2P' Cenlury, ihc Norlh Carolina Departmeni o{ 
RcN'cnue coniinucs lo keep pace with ihe changing needs of slate taxpayers by 
proxiding better customer service and improving efficiency. The departmeni 
administers state tax laws and collects taxes owed to the state m a fair, impartial and 
uniform manner. The department supervises the x'aluation and taxation of property 
throughout the state and conducts research on revenue issues. 

The department collects revenue for the states General Fund and blighway Fund, 
as well as collecting and distributing local government sales and use taxes. During 
the 1998-99 tiscal year, the department processed more than 9.6 million individual 
and business tax returns. It collected $16.8 billion in revenue for the state and refunded 
individual income taxpayers more than $1 billion during the same period. 

The Department of Revenue, one of the hrst in the country, has a long and varied 
history Before 1921, several state and county agencies administered North Carolina's 
tax laws. The North Carolina Tax Commission assessed the personal property of 
railroads, public service companies and the "corporate excess" of all corporations. It 
certified those amounts to counties for local taxes and the State Auditor for state 
taxes. 

The Office ot State Auditor billed corporations for property and franchise taxes, 
which vv'ere paid directly to the Office of the State Treasurer. County officials 
administered the general property tax, while the clerks ot Superior Court administered 
the inheritance tax under the supervision ot the N.C. Tax Commission. The 
Department ot the Secretary of State collected fees for automobile licenses. 

In 1921, growing public dissatisfaction with North Carolmas tax structure and 
recommendations of substantial reforms trom 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 ot state revenue. In 
the closing days oi the 1921 session, the General Assembly created the Department 
of Revenue to assume the responsibility of administration, eniorcement and collection 
of state taxes, including the new income tax. The new department had the distinction 
of being the first such department m the United States. 

The department also took responsibility tor the inheritance tax and the franchise 
and corporation tax assessments, which were formerly administered by the Tax 
Commission. By May, 1921 , the new Department ot Revenue employed a staft of 16 
people and a unit was formed in October that same year to handle collections of the 
income tax. By the end of 1921-22 fiscal year, the department had grown to 30 
employees and the departments operating costs totaled $87,125. The departments 
collections during that same period, however, amounted to just over $3 million in 
income and inheritance taxes. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

In its early years, the department operated temporarily from the Capitol's Senate 
Chamber, clerks office and committee rooms. Without a permanent home, the 
department was forced to move while the legislature met in 1923 and 1924. 
Throughout the next decade, the departments size grew as it was assigned tax 
collection duties formerly held by other state government agencies. In 1923 the 
department began assessing and collecting the franchise tax, duties performed 
previously by the Office of the State Auditor and the Offfce of the State Treasurer. At 
about the same time, license taxes, previously collected by the county sheriffs or tax 
collectors, also fell under the administration of the new department. 

The department expanded again in 1925 when the General Assembly moved the 
Motor Vehicle Bureau, which administered automobile license taxes, the gasoline tax 
and the bus and truck franchise tax, from the Department of the Secretary of State. 
The bureau included a registration unit, a theft unit, a gasoline tax unit and a branch 
offtce. Also during this period, collection of taxes on insurance companies passed to 
the Department of Revenue, although the Commissioner of Insurance continued to 
determine tax liability. 

As its operations grew, space became a more pressing problem for the department. 
During the 1924 session, the legislature approved plans to move the department to a 
new building. In the meantime, the Agriculture Building served as the departments 
temporary home. By 1926 a new Revenue Building was completed at the corner of 
Morgan and Salisbury streets in downtown Raleigh. 

The Department of Revenues responsibilities continued to grow throughout the 
Great Depression. The legislature enacted a 3% general sales tax and a beverage tax 
in 1933. A new unit was created to administer the sales tax, while the license tax unit 
administered the beverage tax. During this same era, the N.C. State Highway Patrol 
moved from the Highway Department to the N.C. Revenue Department, where it 
formed part of the Motor Vehicle Bureau. Faced with increasing traffic on the states 
highways, the Highway Patrol expanded in 1935 and the Motor Vehicle Bureau spUt 
into two divisions: the Division of Highway Safety (including the Highway Patrol, 
the Drivers 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 separate Department of Motor Vehicles formed in 1941, leaving only the 
gasoline tax unit under the control of the Department of Revenue. 

The General Assembly enacted the intangible personal property tax in 1937. The 
new tax arose from a 1936 amendment to the state constitution that permitted the 
General Assembly to classify property for purposes of taxation with different 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. 



383 



NORTH CAROLINA MANUAL 1999-2000 

Throughoui ihc 1950s and I9(~)0s, ihe departmeni coniinued lo expand. New 
divisions formed lo administer corporate and individual income taxes m 1953. Shortly 
alter, the Franchise and Intangibles Tax Division divided and the new Intangibles Tax 
Di\'ision prox'ided administrative staff support to the State Board of Assessment until 
1967, when the board was given a separate staff of its own. 

Committed to administering the states tax laws and providing the best possible 
service to North Carolina taxpayers, the Department of Revenue worked hard to 
keep pace with technological innovation. In 1947 a small data-processing unit was 
created in the Sales and Use Tax Division. This allowed the division to use punch 
cards to maintain a mailing list of registered merchants, check monthly returns for 
delinquency and address letters and compile statistics. The Income Tax Division 
received similar technology m 1949 that allowed the division to create mailing lists 
of individual income taxpayers, mail forms directly to them and keep track ot hies 
more efficiently. 

The department established the Division of Planning and Processing in 1958 to 
monitor and develop new technology useful to employees and state taxpayers. By 
1960 the department began using automated ec[uipment to process individual income 
tax returns. The department added computerized disk storage to its operations m 
1970 and acc|uired an optical character reader capable ot scanning hand-coded 
adjustments on tax forms m 1977. 

The reorganization of the states executive branch in 1 971 affected the Department 
of Revenue. The title of the departments 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 
regarding corporate allocation formulas. The secretary also ser\'es as a member of the 
Local Government Commission. 

As various other state agencies moved into the Revenue Building and the volume 
of tax returns and the number of Department of Revenue employees continued to 
increase, the department expanded into two annexes in 1948 and a third in 1969. By 
1985 the Department of Rex'enue had acquired the adjacent Brown-Rogers Building 
to house several department offices. A long-term solution to the departments ever- 
increasing need for space came in 1986 when the legislature agreed to construct a 
new Revenue Building. The department moved into its new quarters on Wilmington 
Street in 1992. 

The hrst remote computer terminal was installed m a Rex-enue field ofhce m 
1984. By 1991, every held ofhce in North Carolina had remote terminals that allowed 
employees to accesses the departments central computer hies and communicate \'ia 
e-mail. As computer efhciency increased and the cost of technology became more 
reasonable, the department created an integrated tax administration system to bring 
information from the separate divisions and tax schedules together into one database. 



384 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The new system making it quicker and easier to perform routine functions such as 
cross-checking files and tax returns and providing information to taxpayers more 
swiftly. 

Other technological innovations have helped the department make filing income 
tax returns faster and easier for North Carolina taxpayers. In 1981 the department 
began offering electronic hling for individual taxpayers through the Federal/State 
Electronic Filing Program m conjunction with the Internal Revenue Service. The 
system allows taxpayers using software approved by the department to file their state 
and federal returns using a home computer or with assistance from a tax preparer. By 
1999, over 650,000 indmdual income tax returns were filed electronically with the 
department. 

The Department of Revenue continues to use new technology to improve the 
service it pro\ides North Carolina taxpayers. The department was honored in 1999 
for its Java-Enabled Tax System QETS), which allows the agency to manage data not 
included in the integrated tax administration system, which handles individual income 
taxes, business taxes and other tax schedules. JETS eliminates the need for employees 
to enter basic information more than once, thus saving time and increasing 
departmental efficiency. 

The department has also revamped its web site to further increase taxpayer 
accessibiUty. Taxpayers visiting the site can now hnd indi\adual and corporate income 
tax forms, instructions and other information regarding state taxes. In 1999, the 
department implemented a new, state-of-the-art electronic system to process tax 
returns and payments. With the use of specially-designed tax forms, the Data Capture 
system allows information from tax forms to be scanned and stored electronically. As 
the system is fully implemented, taxpayers will have their returns processed more 
quickly, while department staff will be more readily able to access the information 
they need. 

The department has created various delivery routes to get important, timely 
information to taxpayers. The ''NC Tax Talk" telephone program allows taxpayers 
round-the-clock access, seven days per week, to answers on commonly-asked 
questions concerning state individual income taxes. 

The Department of Revenue is currently led by the Secretary of Revenue, a deputy 
secretary and five assistant secretaries. They assist taxpayers based on four broad 
areas. Those areas and the services they pro\ide 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 Re\iew Board and in court. 

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NORTH CAROLINA MANUAL 1999-2000 

Property Tax Division: The Property Tax Division administers city and county 
personal propert)' xaluation 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 distribution of inventory and homestead tax 
rexenue 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. 

Tax Research Division: The Tax Research Division compiles and publishes 
statistical data on state and local taxation. The division analyzes proposed changes in 
tax lav/s and conducts special studies, as well as responding to internal and external 
inquiries. 

Personal Taxes Division: The Personal Tax Division interprets statutes relating 
to individual income, inheritance, intangibles and gift taxes. The division holds 
conferences with taxpayers, accountants and attorneys to settle disputed tax issues. 

Tax Compliance 

Office Examination Division: The Ofhce Examination Division audits and 
examines tax returns to make sure they comply with North Carolina tax laws. 

Motor Fuels Tax Division: The Motor Fuels Tax Division administers motor 
fuel laws, including ta.xes and inspection fees. 

Office Services Division: The Office Ser\ices Division helps taxpayers file returns, 
answers questions about tax relunds and resolves taxpayers' questions about 
assessments, refunds, payments and other issues. The division also manages the 
bankruptcy program and accounts receivable. 

Documents and Payments Processing Division: This dixision enters information 
from taxpayer returns and payments into the departments computer system and 
deposits all tax payments. The division also maintains the departments current records 
and inacti\-e hies. 

Field Operations 

Interstate Audit Office: This ofiice administers the out-of-state audit program. 

EastAVest Field Collection Divisions: These sub-branches manage all 
compliance, enforcement and taxpayer education programs in 41 lield ofhces 
throughout the state. 

EastAVest Field Examination Divisions: Administers audit efforts in 13 field 
offices throughout the state. 

Unauthorized Substance Tax Division: Administers the excise tax levied on 
unauthorized substances and counterfeit unauthorized substances. 

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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Planning, Development and Technology 

Business Systems Development and Support Division: This division supports 
the department's business processes by developing and maintaining computer 
application systems. 

Technology Services Division: Technology Services schedules, monitors and 
controls the departments computer systems and networks. 

Business Process Re-engineering: This area re-engineers and streamlines 
department busmess processes to improve efficiency and productivity. 

Production Systems Integration and Coordination: This area coordinates the 
Integrated Tax Administration System business functions. 

Database Administration: Database Administration works to ensure the accuracy 
and performance of the department's computer system through database 
administration. 

Quality Assurance: Quality Assurance manages the department's quality 
assurance system and disaster recovery programs. 

Secretary's Office 

Hearings Officer: The Hearings Ofhcer is responsible for handling all of the 
department's formal administrative hearings. 

Internal Audit Division: This section monitors compliance with departmental 
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. 

Security Office: Develops and maintains an integrated system to protect all of 
the departments resources. 

Planning: Manages the development and maintenance of the department's strategic 
business plans and performance measurement system. 

Financial Services Division: The Financial Services Division maintains the 
department's budget and payroll records and handles all of its fiscal processes. 

Administrative Services Division: The Administrative Services Division provides 
supplies and equipment for the department. It also prints forms and processes 
incoming and outgoing mail. 

Personnel Division: Personnel provides technical and administrative guidance 
and human resource services to the department and its employees. 

Public Information Officer: The Pubhc Affairs Office provides iniernal and 
external communication. 

Training Unit: Coordinates all departmental training for employees. 

387 



NORTH CAROLINA MANUAL 1999-2000 

Legislative Liaison: The Legislative Liaison monitors legislation and budgeting 
thai allcels ihc department. He or she works with the seeretary and deputy seeretary 
to keep lawmakers mlormed ol the departments needs. 

Boards and 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. For NC Ta.x Talk, a pre-recorded information line call (919) 733-4829. You 
can also visit the departments Web site at ww\v.dor.state.nc.us/DOR . 



Muriel K. Offerman 

Secretary of Revenue 

Early Years 

Born July 22, 1935, m Wilmington, New fianover 
County, to Harry Edward Kramer (deceased) and 
Vix'ian Freda Katzoff Kramer. 

Educational Background 

Valedictorian, Wallace High School, Wallace, 
1953; Attended Smith College, 1953-56; B.A. in 
Humanities, University ot Chicago, 1957. 

Professional Background 

Secretary, Department of Revenue, 1996-Present; 

Deputy Secretary, N.C. Department of Revenue, 

1993-96; President and Co-Owner, Kramers Department Store, Wallace, 1980-90; 

English and Geography Teacher, Chestnut Junior High School, Wilmington, 1957- 

Boards and Commissions 

Member, Board of Trustees, James Sprunt Community College, Kcnansville, 1989- 
93; Member, Board of Directors, North Carolina National Bank, Wallace, 1978-93; 
Member, National Board of Trustees, Women Executives in State Government, 1997- 
98; Treasurer, Women's Forum, 1996-98; Vice-President, Tar Heel Fine Arts Society; 
President, Wallace Chamber o( Commerce, 1984; Vice-President, Duplin County 
Education Foundation; Vice-President, Wallace 100 Committee; 1985; Member, Board 
of Directors, Wallace Jr. Womens Club, 1986-91; Member, Board of Trustees, 
Federation oi Tax Administrators; Member, Hadassah. 




388 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Political Activities 

Member, Democratic National Committee, 1988-Present; Member, Executive 
Committee, N.C. Democratic Party; Chair, Duplin County Democratic Party. 

Honors and Awards 

Whos Who in American Women, 1983; Outstanding Young Women of America; 
Woman of the Year, Wallace Chapter, American Business Woman's Association, 1984. 

Personal Information 

Married Max H. Offerman of Galesburg, Illinois, July 29, 1956; Three children. Seven 
grandchildren. Member, Temple of Israel, Wilmington. 

Secretaries of Revenue^ 

Name 

Alston D. Watts' 
Rufus A. Doughton- 
AllenJ. Maxwell^ 
Edwin M. Giir 
Eugene G. Shaw^ 
James S. Currie^ 
WiUiam A. Johnson*^ 
Lewis Sneed High'^ 
Ivie L. Clayton"-^ 
Gilmer Andrew Jones, Jr.^^ 
Mark H. Coble^' 
Mark G. Lynch ^^ 
Helen Ann Powers^^ 
Betsy Y Justus'' 
Janice H. Faulkner 
Muriel K. Offerman 

' 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 provided 
for... other state ofhcers." In 1929, the provision for electing a commissioner was 
repealed and a provision that called for appointment of the commissioner by the 
governor substituted in its place. The Executive Organization Act of 1971 
established the Department of Revenue as one of the nineteen major departments. 
In 1973 the title "Commissioner" was changed to "Secretary." 

^ Watts was appointed by Governor Morrison and served until his resignation on 
January 29, 1923. 



Residence 


Term 


Iredell 


1921-1923 


Alleghany 


1923-1929 


Wake 


1929-1942 


Wake 


1942-1949 


Guilford 


1949-1957 


Wake 


1957-1961 


Harnett 


1961-1964 


Cumberland 


1964-1965 


Wake 


1965-1971 


Wake 


1972-1973 


Guilford 


1973-1977 


Wake 


1977-1985 


Madison 


1985-1990 


Bertie 


1990-1993 


Pitt 


1993-1996 


Duplin 


1996-Present 



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NORTH CAROLINA MANUAL 1999-2000 

^ Doughion was appointed by Governor Morrison to replace Watts. He was elected 
in the general elections m 1Q24 and served following re-election in 1928 until 
March, 1929. 

"* Ma.xwell was appointed by Governor Gardner to replace Doughton and served 
following subsequent reappointments until June, 1942. 

^ Gill was appointed by Governor Broughton to replace Maxwell and sen'ed following 
his reappointment until his resignation effective July 1, 1949. 

^ Shaw was appointed by Governor Scott to replace GUI and served following his 
reappointment until his resignation m August, 1957. 

' Currie was appointed by Governor Hodges to replace Shaw and served until his 
resignation m January, 1961. 

'"^ Johnson was appointed by Governor Sanford to replace Currie and ser\'ed until 
April, 1964, when he was appointed to the Superior Court. 

"^ High was appointed by Governor Sanford to replace Johnson and ser\'ed until his 
resignation m January, 1965. 

"^ Clayton was appointed by Governor Moore to serve as acting commissioner. He 
was later appointed commissioner and served following reappointment by Governor 
Scott on July 21, 1969 until his resignation effective December 31, 1971. 

" 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 L)nch. 

'^ Justus was appointed May 1, 1990 by Governor Martin to replace Powers. 



390 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 ser\'ice 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 1971. This act also created the North 
Carolina Board of Transportation. In 1979, the term "Highway Safety" was dropped 
from the departments 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 
responsibiUties, 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 initiatives 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 system 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 apparent to most North 
Carolinians. Railroads simply could not provide the internal trade and travel 
connections required by an ambitious people in an expanding economy. The beginning 
of the "Good Roads" movement was hesitant, but it sparked a transportation revolution 
that would serve North Carolina's interests and bring many benefits to citizens who 
supported the system through their taxes. 

Modern road building m North Carolina may have begun m 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 18 and 45. 



391 



NORTH CAROLINA MANUAL 1999-2000 

The auihm- ol llie legislation. Captain S.B. Alexander, saw his bill repealed, then 
re-enacted m 1883, as growing numbers of people acknowledged the need for better 
roads. B\' 18Q5, most of the states progressive counties had established tax-based 
road building plans. 

As the new century neared, interest in better roads spread from the mountains to 
the coast. A Good Roads Conference in 1893 attracted more than 100 business and 
government leaders Irom throughout North Carolina. They organized the North 
Carolina Road Improx'ement Association arid 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 ol a statewide system 
existed only in the minds ol a tew visionary people. Well into the new century, state 
policy was limited to assisting counties in meeting transportation needs. 

Fortunately, there were emerging leaders who could look beyond county 
boundaries, practical people who had the conviction, determination and know-how 
to match their x'lsion. These leaders knew that good transportation had a place among 
the states top priorities and labored to nrake North Carolina's highway system one of 
the best in the country 

In 1913, Governor Locke Craig took ofhce. Lie led the call for good roads and 
established the State Highway Commission m 1915. Because of his efforts, Go\-ernor 
Craig would be the first chief executive to be called "The Good Roads Gox'ernor." 
Many other individuals labored for better roads during this crucial period. Three 
whose names would rank high on an\' "honor roll" o{ 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 mox'ement 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 
de\'elopment of organized efforts to promote the cause. He was a prime mo\'er m 
establishing the Good Roads Association and served as its lirst 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 million m road construction bonds before the practice was halted m 1927. 

Yet, Pratts most important contribution to North Carolina ma)' ha\'e been bringing 
Harriet M. "Hattie" Berry of Chapel Hill into the association of good roads advocates. 
Miss Berry c^uickly became an uncompromising force m the campaign. She pushed 
for establishment of a State Highway Commission and, m 191 5, helped draft legislation 
designed to establish and maintain a statewide highway system. The bill was defeated, 



392 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

but Hattie Berry was not. She mounted a campaign that carried into 89 counties 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 States transportation history came with the decision to 
accept debt as a means of getting better highways. It began slowly at the county level 
in New Hanover, Mecklenburg and Guilford counties. The 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 1921, almost 6,000 miles of highway were built m 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 
leaders 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 leadership of Governor O. Max 
Gardner, assumed responsibility for all county roads and an allocation of $16 million 
was made for maintenance. 

By 1933, the Depression had carried North Carolina into a dark period. The 
precarious state of the economy, coupled with the states assumption of financial 
responsibihty 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 m emergency funds for bridge repair in 1935. Later 
m the session, more comprehensive action was taken to restore the hnancial 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 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 economy to pay off highway debts. When Cherry 
left office, all debts had either been eliminated or money had been set aside to meet 
obligations. 



393 



NORTH CAROLINA MANUAL 1999-2000 

Despite ihe inlermplion of the war years, North Carolinas road building progress 
from 1937 to 1950 was dramatic. Road mileage during the period rose from 58,000 
to 64,000 miles. It was generally conceded, however, that one important area of 
transportation had been neglected — secondary roads. North Carolina led the nation 
in use ol school buses. The state also ranked second m the number ot small, family 
farms. But little cause existed for pride in the condition ot school bus routes and 
farm-to-niarket roads. 

In his campaign tor 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 states voters. Despite strong opposition Irom urban 
leaders, the bond issue was approved. Work began immediately to pave thousands ol 
miles of rural roads that previously had been impassable in bad weather. By the end 
of the Scott administration, construction promised in the bond project was 94 percent 
complete. 

Neither the proposal to borrow money for road building nor popular support of 
the proposal was surprising. Borrowing money to improve roads and paying the debt 
with road-use taxes had become a tradition in North Carolina. During the 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 
million bond issue and voters approved the bond issue. 

The structure of the states transportation programs have evolved through the 
years to make the program more credible and responsive to the states 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 states major highway 
construction that balances projected construction costs against anticipated revenues. 
The TIP is updated annually to add new projects and adjust priorities. 

The N.C. Board of Transportation makes hnal decisions on new projects and 
priorities each year after local ofhcials and interested citizens express views and make 
recommendations on their future 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, tlie Board o'i Transportation expanded to 24 members 
and during the Holshouser administration, the department moved to lormulate 
funding for some transportation improvements. 

394 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

In 1986, the General Assembly passed Governor Jim Martins "Roads to the Future" 
program. The legislation was designed to produce $240 million a year in additional 
revenues by Fiscal Year 1991-1992. These funds were to be used to bolster or improve 
the maintenance and safety on the states highways. An additional $30 million was 
set aside to begin a program of state-funded construction. Governor Martin also 
directed the Department to improve the reliability of the Transportation Improvement 
Program by more closely matching the program to anticipated revenues. 

In 1987, poor highway construction prospects caused the Martin Administration 
and the General Assembly to take a hard look at the transportation needs of North 
Carolina. In 1989, after much debate, the legislature approved a large and ambitious 
public works program - the Highway Trust Fund. The law calls for major construction 
to meet a wide variety of the States 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. Signihcantly, construction and 
maintenance of the system, from the beginning, has been supported exclusively by 
highway user tax revenues. North Carolina boasts 14,375 miles of primary highways 
(U.S. and N.C. Interstate) and 63,028 miles of rural secondary roads. 

The most severe problem confronting transportation officials in North Carolina 
today is meeting the highway safety and maintenance demands with a Highway Fund 
that is not able to keep pace with needs resulting from increased travel and traffic. 

To address those needs. Governor Jim Hunt unveiled a bold new transportation 
plan in 1994. Transportation 2001 accelerates road construction and calls for 
completing key economic development highways. The program emphasizes paving 
secondary roads and eliminating a road maintenance backlog. Transportation 2001 
also seeks to improve public transportation 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 construction 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 nations first sections of 
1-73 and 1-74 in 1996. The interstate highways will improve access to our state for 
visitors coming from Virginia and South Carolina. When completed, 1-73/74 will 

395 



NORTH CAROLINA MANUAL 1999-2000 

bring 325 miles of new interstate to North Carolina and will provide routing all the 
wa\' from the Piedmont to the southeastern eoast. The project brings an interstate- 
type highway to areas ol North Carolina that ha\'e not previously had such access. It 
will also give undex'eloped areas ol the state an opportunity to boost their economies. 

Another \'ital part ol Transportation 2001 is its emphasis on key elements outlined 
in the Highway Trust Fund. Transportation 2001 and the new Highway Bond are two 
o{ the most significant developments m state transportation in recent memory The 
Highway Bond passed both houses of the General Assembly and received the appro\'al 
of voters in 1996. The bond allocates $950 niillion to accelerate highway constructioii 
in North Carolina, $500 million for construction ot urban loops, $300 million for 
construction ol the intrastate system and $150 million lor paving secondary roads. 

The transit portion of Transportation 2001 is already m high gear. The Transit 
2001 Commission, whose members were appointed b\' Governor Hunt, spent 16 
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 commissions recommendations included: 

Improving train speeds in the Raleigh-to-Charlotte rail corridor. 
Building community transportation systems. 
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 division ser\'es more than 1.5 million drivers and registers 
more than si.\ million vehicles each year. 

The General Assembly created the State Department of Motor Vehicles m 1941 
to consolidate services previously provided by the Secretary ol State and the 
Department of Revenue. During the reorganization ol the execulixe branch in 1971, 
the Department of Motor Vehicles became a division under the control ol what is 
now the Department of Transportation. The Division ol Motor Vehicles is comprised 
of six major sections which are expanding rapidly to better serve the needs ol North 
Carolinians. 

The 1980s and earh' 1990s brought some major changes to the Driver License 
Section. All offices were automated to promote a quick exchange ol inlormation and 
services. DMV also established a commercial drix'er license program, creating new 
testing and licensing standards for truckers. 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. 



396 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 ofhcers, 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 Elame — between 
DMV, the Internal Revenue Service and the state departments of Revenue and 
Agriculture to stop fuel tax evasion. North Carolina is the hrst state to undertake this 
type of joint effort. In addition, the Enforcement Section operates a computer system 
that enables the DMV to keep statewide vehicle theft reports. 

The Collision Reports Section is the official storehouse for state accident reports. 
All law enforcement agencies in North Carolina hie reportable accidents with this 
section. 

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 m 1991 as the nations 
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' operations 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 17, 1903, has 
kept pace with advancement in that important field through the Division of Aviation. 
North CaroHna 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 direction 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 throughout the state. In 1989, it began 
administering federal funds for almost all aiiports under the State Block Grant Program. 



397 



NORTH CAROLINA MANUAL 1999-2000 

The original North Carolina Airport System Plan (NCASP) of 1979 was updated 
m 1992. The revised NCASP projects aviation activity arid required airport 
requirements through 2010. The division currently works with 75 publicly-owned 
airports with three additional facilit:ies under development. The NCASP recommended 
six new publicly-owned airports be constructed by 2010. In addition, there are more 
than 100 privately-owned airports that are open lo the public. 

An integral part ol the aviation program is the Aeronautics Council, appointed 
by the governor with one representative from each congressional district plus two at- 
large members. The council serves as North Carolmas advisory board on grants and 
other aviation matters. 

Public Transportation Division 

In North Carolina, where the population is widely dispersed and the majority of 
people live in small cities and rural communities, public transit plays an important 
role. Taking full advantage ot matching funds, the Public Transportation Division, 
established m 1975, coordinates programs and initiatives that support public transit 
m both urban and rural communities, as well as county-wide human service 
transportation and transit services for the elderly and disabled. The staff helps provide 
training lor transit drivers across the state using a mobile, sell-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 tor regional public transit services is becoming increasingly important 
to help meet the demands of commuter traffic in larger metropolitan areas. In 1993, 
the Public Transportation Division helped to initiate the states 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 transporting passengers and freight in the states 
transportation network. NCDOT began working in 1997 to promote, protect and 
improve the states railroad 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 construction 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 corridor through improvements lo railroad tracks 
and stations that will allow higher-speed rail traffic and shorter travel times between 
Charlotte, Raleigh and the Northeast. 



398 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Rail Division staff works with local communities and railroad companies to 
improve safety at railroad/highway intersections by using innovative 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. 

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 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 
created 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 states communities with populations exceeding 2,000 have 
become participants m 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 roadways 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-littering effort of 
its kind in the nation and saves taxpayers $3 million each year. Many groups now 

399 



NORTH CAROLINA MANUAL 1999-2000 

recycle ihe liiler lhe\' pick up lo tunher help the en\'ironment. Each year ihe 
deparlmenl solicils volunteer support ior an additional spring and iall cleanup 
campaign. 

The Swat-A-Liiierbug Program is a popular anti-littcring educational effort. It 
gives every citizen the opportunit)' lo be an acti\'c participant m keeping our highways 
clean. Citizens report littering incidents they observe and educational letters are sent 
to offenders. 

Scenic Byways Program 

NCDOT has designated 38 scenic byways to give x'lsitors and residents the 
opportunity to explore some ol North Carolinas finest less-traveled routes. The routes 
encompass North Carolina history geography and culture, by taking motorists along 
cascading waterfalls, rich marshlands, sheer cliffs, outdoor dramas, aquariums, 
museums, old battlegrounds and state parks. Varying in length Irom 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 m highway work zones. Its central theme is "Stay Alert." The 
program has developed a video specihcally for the trucking industry that identifies 
the hazards of work zones trom a truckers eyes. Division stall make presentations to 
groups promoting the concept of safety in work zones. By constantly seeking new 
and innovative methods of communicating the safety message across the state, the 
program seeks to lower the riumber of accidents m highway work zones. 

Boards and Commissions 

Governor's Highway BeaiUification Council 

North Carolina Aeronautics Council 
North Carohna Bicycle Committee 
North Carolina Board of Transportation 
North Carolina Rail Coimcil 

For further information about the Department of Transportation, call (919) 733- 
2522 or visit the departments Web site at www. dot . state . nc . us . 



400 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 




David T. McCoy 

Secretary of Transportation 

Early Years 

Born in Tacoma, Washington, to the late Merwin 
G. and Lila Mae Nicholas McCoy. 

Educational Background 

Bachelors in Social Science, University of Georgia, 
1976; Masters in Educational Psychology, 
University of Georgia, 1979; Masters in PubHc 
Health, University of North Carolina at Chapel 
Hill, 1982; Law Degree, University of North 
Carolina at Chapel Hill, 1985. 

Political Activities 

Secretary of Transportation, 1999-Present; Deputy Chief of Staff to Governor James 
B. Hunt, 1995-1999; Deputy Secretary Department of Administration, 1995-1997; 
General Counsel, Department of Administration, 1989-1995; Assistant Director of 
State Commission of Indian Affairs, 1987-1989. 

Organizations 

N.C. State Bar; American Association of Highway and Transportation Officials; 32"'' 
Degree Mason, University Lodge No. 408, AF and AM; Scottish Rite. 

Boards and Commissions 

Member, Board of Directors, Methodist Home for Children; Member, Board of Trustees, 
The Teachers and State Employees Comprehensive Major Medical Plan, 1994-1998; 
Member, Substance Abuse and the Courts Task Force. 

Honors and Awards 

Order of the Golden Fleece, UNC-Chapel Hill; Delta Omega Community Service 
Award; American Legion School Award. 

Personal Information 

Married, Robin Bruce McCoy Two children. Member, Christ United Methodist Church. 



Secretaries of Transportation^ 




Name 


Residence 


Fred M. Mills, Jr.- 


Anson 


Bruce A. Lentz^ 


Wake 


Troy A. Doby^ 




Jacob F Alexander, Jr.' 


Rowan 


G. Perry Greene, Sr.^ 


Watauga 


Thomas W Bradshaw, Jr.' 


Wake 


William R. Roberson, Jr.'"^ 


Beaufort 



Term 

1971- 

1973- 

1974- 

1975- 

1976- 

1977- 

1981- 



1973 
1974 
1975 
1976 
1977 
1981 
1985 



401 



NORTH CAROLINA MANUAL 1999-2000 

Secretaries of Transportation' (continued) 

James E. Harrington^ Wake 1985-1989 

Thomas J. Harrelson^^' Brunswick 1989-1993 

R. Samuel Hunt, III Alamance 1993-1995 

Garland Garrett Wake 1995-1998 

E. Norris Tolson Edgecombe 1998-1999 

David T. McCoy" Orange 1999-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, 1973, by Governor Holshouser to replace Mills. 
He resigned June 30, 1974, toUowing 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. 

" McCoy was appointed by Governor Hunt and sworn into office on June 29, 1999. 



402 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 reporting 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, accurate, consistent 
and complete financial, budgetary and management information on North Carolina 
state government. Three major divisions comprise the Office of the State Controller: 

Statewide Accounting Division 

The Statewide Accounting Division is responsible for day-to-day and procedural 
control of agencies operating within the NCAS environment. The division establishes 
and provides systems control over NCAS to ensure that all hnancial transactions are 
entered, balanced and reconciled. This division also researches technical accounting 
standards and incorporates these standards into hnancial reporting on the state entity 
and provides daily monthly quarterly and annual reporting on the hnancial condition 
and results of operations of the state entity Another major responsibility involves 
administering the statewide cash management program, which includes statewide 
appropriation and allotment control. In addition, the division operates a central payroll 
system, a Flexible Beneht Program and pro\ides tax compliance, cost allocation and 
disbursing services to state agencies. 

Financial Systems Division 

The Financial Systems Division designs, develops, implements and maintains 
the policies, procedures and software that form the North Carolina Accounting System 
(NCAS). It provides agency implementation, functional and technical systems 
administration, client support, and maintenance of NCAS. NCAS uses financial 
software and includes the following modules: General Ledger, Budgetary Control, 
Purchasing, Inventory, Accounts Payable, Accounts Receivable, Fixed Assets, Project 
Tracking and Financial Controller database modules. NCAS provides information 
access through the use of the mainframe-based, on-line, real-time inquiries; report 
generator software; software that provides on-line report viewing and printing 
capabilities and client/server-based decision support software. 



403 



NORTH CAROLINA MANUAL 1999-2000 

Administrative Division 

This division is responsible for the overall support of ihe Office of the State 
Controller. Serxices include: Business Serx'ices, which represents a broad range of 
accounting functions including accounts payable, accounts receivable, lixed assets, 
budgeting, purchasing, maintenance of the accounting system, tmancial reporting, 
switchboard operator/receptionist duties and building security and maintenance; 
Personnel Services, which includes recruitment/selection, employee benelits, 
maintenance of personnel records, employee relations and personnel policies and 
procedures; and Internal Audit Services, which perlorms internal audits on OSC 
operations to determine areas of mefhciency and potential tor improvement and 
statewide monitoring ot internal controls to ensure compliance with policies, 
procedures and guidelines issued by other regulatory authorities. 

For more information about the Office of the State Controller, call (919) 981- 
5454 or x'lsit the departments Vvtrb site at w"vv\v. osc .state . nc . us . 



Edward Renfrew 

State Controller 

Early Years 

Born in Johnston County, September 17, 1940, to 
Donnie T. and lllamae Lewis Renfrow. 

Educational Background 

Graduate, Clayton High School, 1958; Associate 
Degree m Business Administration with 
Accounting Major, Hardbarger Junior College; 
continued education through courses at Atlantic 
Christian College, Duke Universitv and East 
Carolina University throtigh Johnston Technical 
College. 

Professional Background 

Accountant, Edward Renfrow & Co. (1962-1980). 

Political Activities 

State Controller, 1993-Present; Special Advisor To The GoN'ernor Of North Carolina, 
January, 1993-July, 1993; Slate Auditor, 1981-1993 (elected 1980, re-elected 1984, 
1988); Served in N.C. Senate 1974-80; Member, Democratic Party. 

Organizations 

National Association of State Comptrollers; National Association of State Auditors, 
Comptrollers and Treasurers (President 1990-91); Governmental Finance Officers 
Association; Former Member, State Auditors Association, National Governmental 
Audit Forum, Southeastern Intergovernmental Audit Forum (Past Chair 1987-88). 




404 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Boards and Commissions 

Member, Information Resource Management Commission; Former member, N.C. 
Council of State; U.S. Comptroller Generals Task Force to Revise the Standards for 
Audit of Governmental Organizations, Programs, Activities and Functions; 
Governmental Accounting Standards Board (GASB) Task Force on Pension Accounting 
and Reporting; Member, Board of Trustees, Firemen's & Rescue Squad Workers' 
Pension Fund. 

Military Service 

Served N.C. National Guard, Specialist 4th Class, 1962-66; Presently an Honorary 
Member. 

Honors and Awards 

Donald L. Scantlebury Memorial Award for Distinguished Leadership in Financial 
Management Improvement, 1999; National Association of State Auditors, Comptrollers 
and Treasurers President's Award, 1992; Raleigh News & Observer's Tar Heel of the 
Week, March 10, 1985; N.C. WildUfe Federation's Governor's Award for Conservation 
Legislator of the Year, 1977 and 1979. 

Personal Information 

Married, Rebecca (Becky) Stephenson, December 4, 1960. Two children. Member, 
Smithfield First Baptist Church. 

State Controllers 

Name Residence Term 

Farris W Womack 1987-1988 

Fred Wesley Talton Wake 1988-1993 

Edward Renfrow Johnston 1993-Present 



405 



NORTH CAROLINA MANUAL 1999-2000 

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 states election laws substantially m 1933. 
The most recent major change in North Carolina election laws came m July 1994, 
when the North Carolina General Assembly adopted N.C. General Statute Article 7A. 
This legislation places North Carolina in compliance with the National Voter 
Registration Act of 1993 (NVRA). 

The 1965 General Assembly authorized a seven-member commission to study 
and analyze the states 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 1967 
recodification, the state developed North Carolina's uniform loose-leaf registration 
system, which replaced the old unmanageable bound book system. 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 otTices. This accomplishment required, 
for the hist time ever m 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 m 1971. This 
act guaranteed that state voters need only register one time at one place to qualify to 
vote m any election in which they were eligible to vote. Prior to the adoption of the 
code, voters were registered on as many as hve 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 jurisdiction ol 
any other department headed by an elected ofhcial. All members on the State Board 
of Elections are appointed by the governor for a term of four years. State law iorbids 
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 membership 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 political parties 
be represented on the county boards. Each county board has a supervisor of elections 
who serves as the administrative head of the board of elections and guides the election 



406 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

process in each county. The supervisor is selected by nomination to the State Boards 
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 m the county They must also be held once during each even-numbered 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 district 
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 resulting either 
before or after an election. Protests must first be filed 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, certihcates 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 administration 
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 simplihed 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 completed 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 political parties 
and political action committees. The Campaign Reporting Division of the State Board 
of Elections receives registration applications from political action committees, political 



407 



NORTH CAROLINA MANUAL 1999-2000 

parlies, candidates and all oihers involved in making conlribulions to or making 
expenditures on behall of political parties and candidates. The law requires that 
periodic reports be filed with the Campaign Reporting Division, after which they 
must be audited. Late hlers are assessed a daily penalty If the report is still dehnquent 
after hve days, the office submits all relevant material to the appropriate district 
attornc); who is rec|uired to prosecute the violator. 

For more information about the State Board of Elections, call (919) 733-7173 or 
visit the boards Web site at www. shoe . state . nc . us . 



Gary O. Bartlett 

Executive Director/Secretary 

Early Years 

Born in Goldsboro, Wayne County June 27, 1954, 
to Oz and Carol)Ti Lassiter Bartlett. 

Educational Background 

University of North Carolina at Chapel Hill, B.A., 
1976, History 

Professional Background 

Executive Secretary/Director, State Board of 
Elections, 1993-Present; Legislative Assistant to 
Congressman H. Martin Lancaster, 1990-93; 
Managing Agent for Weil Enterprises, 1983-90; 
Oz Bartlett, Inc., 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. One son. Member, Eirst Christian 
Church of Goldsboro. 




408 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Office of Administrative Hearings 

The Office of Administrative Hearings (OAH) is an independent, quasi-judicial 
agency whiich was established by the General Assembly in 1985 to provide a source 
of independent Administrative Law Judges (ALJs) to preside in state administrative 
law proceedings. The enabling legislation is found in G.S. 7A- 1 50 et seq. and references 
Article III, Section 1 1 and Article IV, Section 3 of the North Carolina Constitution as 
authority for the establishment of the ofhce. Following the constitutional precept of 
separation of powers, OAH was created to ensure that the legislative, executive and 
judicial functions of were not combined in the same administrative process. As a 
consequence of this policy North Carolina operates under what is referred to as the 
"central panel" system of adjudication. Simply stated, this means that the 
Administrative Law Judges are employed independently of the agency which 
investigates and prefers charges against the regulated parties. As a result, there is no 
perception of a conflict or interference from the agency which is a party to the contested 
case hearing. 

North Carolina became the thirteenth jurisdiction to adopt a central panel system. 
Other central panel states include Alabama, Arizona, California, Colorado, Florida, 
Georgia, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, 
Missouri, New Jersey North Dakota, South Carolina, South Dakota, Tennessee, Texas, 
Washington, Wisconsin and Wyoming. The cities of New York and Chicago also use 
the central panel system. The federal government has been studying the merits of the 
central panel system for U.S. government agencies. The U.S. Senate has enacted 
legislation authorizing such a system at the federal level, but the measure failed in 
the U.S. House of Representatives. 

Besides administrative hearings, there are two other major functions of OAH. 
The first deals with the procedures that govern rulemaking in North Carolina. Article 
2A of the Administrative Procedure Act (APA) (Chapter 150B) provides for a uniform 
procedure for the adoption of rules, both permanent and temporary and authorizes 
OAH to publish the North Carolina Register and the North Carolina Administrative 
Code. Except for minor exemptions found m G.S. 150B-Ud), all state agencies are 
required to follow this uniform procedure for conducting public rulemaking hearings, 
for adopting proposed rules and for filing the adopted rules for codification. The 
public is notified of agency rulemaking hearings through a notice published in the 
Register. This notice provides a means for interested parties to be present and debate 
the merits of a proposed rule before adoption by the agency After the formal adoption, 
review by the Rules Review Commission and Joint Legislative Administrative Procedure 
Oversight Committee (unless a bill is enacted by the General Assembly specifically 
disapproving a proposed rule), the rule is then filed for codification in the Code. All 
of the rules adopted by state agencies are published in the Code. Both the Register 
and the Code are available to subscribers. 



409 



NORTH CAROLINA MANUAL 1999-2000 

The other major function of OAH is found under the provisions of G.S. 7A-759 
wherein the Ofhce of Administrative Hearings is designated as a 706 deferral agency 
of the Equal Employment Opportunity Commission. The Civil Rights Division of 
OAH is charged with the investigation of alleged acts ol discrimination and other 
related unlawful employment practices for charges filed by state and local government 
employees covered under the State Personnel Act (Chapter 126). The director of this 
division is also assigned the duty to confer, conciliate or resolve the civil rights charges 
hied with OAH. In the event that these informal procedures do not produce a 
settlement for meritorious charges, OAHs Administrative Law Judges are empowered 
to grant full relief through a contested case hearing process. In addition to the EEOC 
deferral investigations, the General Assembly also granted the Civil Rights Division 
the investigative responsibilities for claims of political discrimination in hiring under 
G.S. 126-12.4. After investigation and determination of probable cause by the Civil 
Rights Division, the employee may hie a contested case m the Hearings Division of 
OAH. This statute also authorized a new cause of action under the State Personnel 
Act for political discrimination in hiring and promotion. During the 1998 short session, 
the General Assembly authorized a new cause of action in OAH for state employee 
workplace harassment grievances. 

OAHs central panel adjudicatory functions are found in Article 3 ot the APA, but 
OAH has concurrent jurisdiction with certain autonomous agencies, primarily 
professional and occupational licensing boards, under the parallel adjudicatory 
procedures set out m Article 3A. In contrast to Article 3A, Article 3 confers m OAH 
the exclusive jurisdiction over contested case hearings involving most of North 
Carolinas state agencies. Article 3 provides the jurisdiction for a broad range of cases 
arising out of public employment, alcoholic beverage control, environmental 
permitting and penalties, child day care and nursing homes, hospital certificates ol 
need, competitive bidding for state projects and special education in public schools. 

Eor more information about the Office of Administrative Hearings, call (919) 
733-2698 or visit the offices Web site at www.oah.state.nc.us or e-mail the office at 
oah.postmaster@ncmail.net. 



410 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Office of State Personnel 

North Carolinas state government did not have a systematic or uniform personnel 
system prior to 1925. There was no equality or consistency in the administration 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 administration 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, hoUdays and job entrance requirements. The commission set classifications for 
all positions, grouped positions with similar duties together and established minimum 
and maximum salary ranges. Agency heads determined salaries. A 1931 law abolished 
the Salary and Wage Commission and established a Department of Personnel within 
the Office of the Governor to handle classification, compensation and personnel 
policies. In 1933, these duties were transferred to the Budget Bureau and the 
Department of Personnel was abohshed. 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 
classification 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 agencies 
subsidized by federal funds. A Merit System Council was formed to administer 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 designate 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. 

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 

411 



NORTH CAROLINA MANUAL 1999-2000 

seeks recommendalions and input from the Personnel Roundtable, whieh is made 
up of all agency and unixersily personnel officers. The roundlable meets at least 
three times a year to re\ievv and discuss new or revised personnel policies. Numerous 
other statewide committees representing various disciplines concentrate on specific 
subject areas. Public hearings are held before the State Personnel Commission (SPC) 
meetings for further input and discussion of proposed policies. OSP exercises lis 
powers under the Slate Personnel Act (General Statute 126). It is the administrative 
arm of the Slate Personnel Commission, a seven-member group appointed by the 
Governor. The SPC establishes policies and procedures governing personnel programs 
and employment practices for approximately 83,700 employees covered by the Stale 
Personnel Act and over 34,200 local government employees m 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 stall ol 
personnel professionals. The director advises the go\'ernor, elected and appointed 
department heads and unu'crsity chancellors on personnel policies. The director 
also participates m cabinet and executive cabinet meetings, f^e or she meets with 
legislative members, professional groups and employee groups to promote sound 
personnel management practices. The director serves in national prolessional 
organizations as ihe 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 administration and applying 
the best methods established by government and private industry. A stall of 
approximately 110 employees carries out the services and programs of the Oltice oi 
State Personnel: 

Director's Office 

The office provides guidance on personnel system policies, guidelines, procedures 
and programs to legislators, managers, supervisors and agency personnel stafi. Other 
responsibilities include monitoring personnel problems within state government, as 
well as federal 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 coordination of all personnel policies 
which impact human resource iunclions are provided lor state agencies and uni\'ersilies 
through this office. Coordination and action on substantially equivalent personnel 
system rec(uests from local governments arc also provided. 

Administrative Services Division 

This division administers and revises policies pertaining lo salar>; leave, holidays 
and other conditions of employment. The Personnel Management Information System 
(PMIS), an on-line database system, provides a means for generating various 
management reports. The division also pro\'ides OSPs systematic administration and 

412 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 Dexelopment Division 

This division provides a variety of training programs, including management 
and supervisory 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 tram 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 departments 
and universities. The division also coordinates and manages the Governors Awards 
for Excellence service awards and statewide employee and management publications. 
The division's media section provides consultation and some technical assistance 
with media production upon request and as time permits. 

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 assistance to agencies and education for employees through other resources 
in state government. The division seeks to eliminate exposure to unsafe conditions 
and work practices and to return employees to productive employment 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. 

Employee Services Division 

This division provides administrative support to the State Personnel Commission 
by preparing and managing the case docket of contested employee grievance cases 
received from the Ofhce of Administrative Hearings. The division advises the 
commission and prepares final decisions and orders in such cases. The division also 
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' 



413 



NORTH CAROLINA MANUAL 1999-2000 

Assistance Program, a comprehensive management support system focusing on resoKmg 
personal issues that impact adversely on overall producti\ity, is also housed here. 

Equal Opportunity Services 

This division strives to help state government make maximum use of all its human 
resources; create a bias-free environment; assist state government to develop a 
personnel system vv'hich 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 m 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 
positions based upon the type and level of work and labor market demands. It analyzes, 
consults and negotiates individual position action requests submitted from a variety 
of agencies and universities state v^ide. 

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 offices Web site at wwvvosp. state. nc. us . 



Ronald G. Penny 

State Personnel Director 

Early Years 

Born m Tallahassee, Fla., to Leon J. Penny and 
Ernestine E. Penny (deceased). 

Educational Background 

Ligon High School, Raleigh, 1971; B.S. in 
Economics, N.C. A&T State University 1974;J.D., 
UNC-Chapel Hill, School of Law, 1978. 

Professional Background 

State Personnel Director, 1973-present; Senior 
Managing Partner, Penny & Barnes Law Firm; 
Lecturer and Legal Counsel to the Chancellor ot 




414 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH 



CHAPTER FOUR 



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. 

Organizations 

National Association of State Personnel Executives (President); Society for Human 
Resource Management; Internal Affairs Committee, NAACP; Member, Alpha Phi Alpha 
Fraternity; N.C. Bar; National Association of Black Public Administrators; Phi Alpha 
Alpha Honor Society. 

Boards and Commissions 

Clayton Branch, State Employees Credit Union; Domestic Violence Commission. 

Honors and Awards 

NAACP Service Award; Distinguished Alumni Award, NAFEO; Community Service 
Award, Omega Psi Phi. 

Personal Infoiination 

Married, Carolyn McKay Penny. One child. Member, Good Samaritan Baptist Church. 



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 



415 



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 hrst 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 council 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 population 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 ovvtl 
representatives. Edenton was the first town granted this privilege, 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 lowTr house, the House of Burgesses, was composed 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 vvdelded its financial 
control effectively throughout this period, continually increasing its infiuence 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 control over 



THE STATE LEGISLATURE 



NORTH CAROLINA MANUAL 1999-2000 

all other areas of go vernmenl. The legislature wielded the constitutional 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 substantial 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 procedure 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 
1868 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 m the constitution. 
This scheme continued until 1835, when voters approved several 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 representatives, but each county was entitled 
to at least one representative. Representation m each house would be adjusted based 
on the federal census taken ex'ery 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 legislative 
branch. The bicameral structure was retained, but the name of the lower house was 
changed from the House of Commons to the House of Representatives. The new 
constitution eliminated the property quaUfication 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 an\' reason. 
The N.C. Senate members could also elect a president pro tempore from among their 
ranks. The president pro-tem chaired the Senate sessions in the absence of its president. 



418 



THE STATE LEGISLATURE CHAPTER FIVE 

In 1966, ihe House of Representatives adopted district representation similar to 
the Senates arrangement. Although the total number of representatives stayed at 
1 20, 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. The switch to a district 
format left nearly one-third of the states 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 government between 
1776 and 1 794. The Assembly of 1794-95 was the first legislative 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 hrst 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 1 796, served as the General Assembly's 
home until a ftre gutted it in 1831. The legislature approved a new capitol building 
and construction on the current capitol was complete in 1840. The first session to 
convene m 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 independent 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 acti\ities." 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. 



419 



NORTH CAROLINA MANUAL 1999-2000 

Legislators in both ihe N.C. Senate and House of Representatives stand for election 
every two years in e\'en-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 tor at least one year prior to the election. Candidates must be registered to 
vote in North Carolina. Senate candidates must be at least 25 years old on the date of 
the election and a resident of the state for two years immediately preceding the election. 
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 officially take office. 
Prior to the amendment, legislators took office immediately following the November 
election. 

Each house of the legislature elects a principal clerk. The Senate also elects a 
reading clerk and a sergeant-at-arms. These positions are appointed in the House. 
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 lieutenant 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 ever)^ 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 m that chamber. These leaders often make committee assignments 
based on legislators' interests and expertise. In the most recent session, there were 17 
standing committees in the Senate and 41 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 alternate chairmanship of the Legislative Services 
Commission on a yearly basis and each appoints seven members from his or her 
respective house to serve on the commission. The commission employs a Legislative 
Services Officer who serves as chief staff officer for the commission. The Legislative 
Services Office has five support divisions, each managed by a director: 



420 



THE STATE LEGISLATURE CHAPTER FIVE 

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. 

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 
publishing are all functions of the division. A Legislative Services Commission sub- 
committee sets policies governing the divisions operation and access to the Legislative 
Computer Center. 

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 introducing legislator. Division staff follow numerous guidelines to 
ensure confidentiality. 

Fiscal Research Division 

The Fiscal Research Division serves as the research and watchdog arm of the 
General Assembly on fiscal and compliance 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 aUke 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 www.ncga.state.nc.us . 



421 



NORTH CAROLINA MANUAL 1999-2000 

George Rubin Hall, Jr. 

Legislative Services Officer 

Early Years 

Born in Raleigh, N.C. April 14, 1939, lo George 
Rubin, Sr. (deceased) and Ludie Jane Conner Hall 
(deceased). 

Educational Background 

Hugh Morson High School, 1953-55; Needham 
Broughion High School, 1955-57; Bachelors of 
Science, Campbell College, 1964; Post-graduaie 
work m Public Personnel Administration, N.C. 
State University; Government Executives 
Institute, UNC-Chapel Hill, 1982. 

Professional Background 

Legislative Services Ofhcer, 1979-Present; 14 years, N.C. Division of Vocational 
Rehabilitation; lormer Administrative Ofhcer with N.C. General Assembly; Licensed 
Building Contractor; Licensed Real Estate Broker. 

Boards and Commissions 

Former member. Wake County School Board Advisory Council; Manpower Area 
Planning Council, Region J, 1972-73. 

Militaiy Service 

Staff Sgt., N.C. Army National Guard, 1959-60 (active duty), 1960-65 (reserve duty). 

Personal Information 

Married, Carolyn Marie Young ol Raleigh on June 26, 1960. Three children. Three 
grandchildren. Member, Longview Baptist Church, Raleigh, N.C. 




The 1999 General Assembly 



The 1999 General Assembly, North Carolmas 143rd, convened in the respective 
chambers of the Senate and House of Representatu'es in the Legislative Building in 
Raleigh at noon on January 27. The opening of the session was convened by Lieutenant 
Governor Dennis A. Wicker m the Senate and Principal Clerk o( the House, Denise 
Weeks. Prior to 1957. the General Assembly convened m January at a time hxed by 
the Constitution of North Carolina. From 1957 through 1967, sessions convened in 
February at a time hxed by the Constitution. The 1969 General Assembly was the 
tirst to convene on a date lixed by law alter elimination of the constitutionally hxed 
date. The assembly now convenes on the hrst Wednesday after the second Monday 
in January after the November election. The 1999 General Assembly adjourned on 
Wednesday July 21, 1999. 



422 



THE STATE LEGISLATURE CHAPTER FIVE 

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 31 women 
in the 1999 General Assembly, seven in the Senate and 24 m the House of 
Representatives. 

Representative Ruth M. Easterling, a Democrat form Mecklenburg County, became 
the longest-serving woman in the General Assembly during the 1999 session. 
Representative Easterling, currently in her twelfth term, surpassed former 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 m 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 tenth term in the General Assembly, having served from 1981-88 in the House 
and 1989-Present m 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 
states 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 conservative Democrats regained power 
following the end of Reconstruction, African-American representation in the General 
Assembly disappeared for nearly one hundred years. Henry E. Frye of Guilford County 
became the first African-Ameiican 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 1999 General Assembly seven in the Senate and 17 
in the House of Representatives. Representative H.M. Michaux holds the record for 
most terms served in the General Assembly by an African- American. He has served 
over ten terms in the House of Representatives. The Houses only current member of 
Native American descent is Rep. Ronnie Sutton of Robeson County (Democrat, 85th 
House District). 



423 



NORTH CAROLINA MANUAL 1999-2000 

Miscellaneous Facts and Figures 

The oldest member oi ihe 1999 Senate was R. L. Martin (11/8/18), a Democrat 
from Pitt County. The youngest member of the 1999 Senate was Charles Carter (5/9/ 
67), a Democrat from Buncombe County. The oldest member of the 1999 House of 
Representatives was Ruth Easterling (12/26/10), a Democrat from Mecklenburg 
County. The youngest member of the 1999 House of Representatives was Richard 
Moore (1/14/71), a Democrat irom Cabarrus County. The senator with the longest 
tenure is R.C. Soles, Jr., a Democrat from Columbus County, serving his sixteenth 
term - lour in the House and 12 in the Senate. The representative with the longest 
tenure is Liston B. Ramsey, a Democrat from Madison County, who is serving his 
nineteenth term, all in the House. Representative Ramsey now holds the all-time 
record for longevity in service. The record was previously held by tormer state 
Representative Dwight Quinn, a Democrat from CabarRts County, who ser\'ed all of 
his eighteen terms in the House. 

Salaries of Legislators 

Members of the 1999 General Assembly received a base salary of $13,951 per 
year and a monthly expense allowance of $559. The speaker ot 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 m base salary and monthly expense allowances of $666. 
During the legislative session and when they are carr)'ing out the states business, all 
legislators receive a subsistence allowance of $104 per day and a travel allowance of 
$.29 per mile. 



424 



THE STATE LEGISLATURE 



CHAPTER FIVE 



1999 North Carolina Senate 

officers 

President (Lieutenant Governor) 

President Pro Tempore 

Deputy President Pro Tempore 

Majority Leader 

Mmority Leader 

Majority Whip 

Minority Whip 

Principal Clerk 

Reading Clerk 

Sergeant at Arms 

Senators 

Name 

Albertson, Charles W (D) 
Allran, Austin M. (R) 
Ballance, Frank W, Jr. (D) 
Ballantme, Patrick]. (R) 
Basnight, Marc (D) 
Carpenter, Robert C. (R) 
Carrington, John H. (R) 
Carter, Charles (D) 
Clodfelter, Daniel G. (D) 
Cochrane, Betsy L, (R) 
Cooper, Roy A., Ill (D) 
Dalton, Walter H. (D) 
Dannelly, Charlie Smith (D) 
East, Don W (R) 
Forrester, James (R) 
Foxx, Virginia (R) 
Garrou, Linda (D) 
Garwood, John A. (R) 
GuUey Wib (D) 
Hagan, Kay R. (D) 
Harris, Oscar N. (D) 
Hartsell, Fletcher L., Jr. (R) 
Horton, Hamilton C, Jr. (R) 
Hoyle, David W (D) 
Jordan, Luther Henry, Jr. (D) 
Kerr, John H., Ill (D) 





Dennis A. Wicker 






Marc Basnight 






Frank W Ballance 


^Jr. 




Roy A. Cooper, 111 




Patrick J. Ballantme 




Luther Henry Jordan, Jr. 




James Forrester 






Janet B. Pmitt 






LeRoy Clark, Jr. 






Cecil Coins 




Distnct 


County 


Address 


5th 


Duplin 


Beulaville 


26th 


Catawba 


Hickory 


2nd 


Warren 


Warrenton 


4th 


New Hanover 


Wilmington 


1st 


Dare 


Manteo 


42nd 


Macon 


Franklin 


36th 


Wake 


Raleigh 


28th 


Buncombe 


Ashe\'ille 


40th 


Mecklenburg 


Charlotte 


38th 


Davie 


Advance 


10th 


Nash 


Rocky Mount 


37th 


Rutherford 


Rutherfordton 


33rd 


Mecklenburg 


Charlotte 


12th 


Surry 


Pilot Mountain 


39th 


Gaston 


Stanley 


12th 


Watauga 


Banner Elk 


20th 


Forsyth 


Winston-Salem 


27th 


Wilkes 


North Wilkesboro 


13th 


Durham 


Durham 


32nd 


Guilford 


Greensboro 


15th 


Johnston 


Dunn 


22nd 


Cabarrus 


Concord 


20th 


Forsyth 


Winston-Salem 


25th 


Gaston 


Gastonia 


7th 


New Hanover 


Wilmington 


8th 


Wayne 


Goldsboro 



425 



NORTH CAROLINA MANUAL 1999-2000 



Senators (continued) 

Name 

Kinnaird, Eleanor (D) 
Lee, Howard N. (D) 
Lucas, Jeanne Hopkins {D) 
Martin, R.L. (D) 
Martin, William N. (D) 
Metcalf, Stephen M. (D) 
Miller, Brad (D) 
Moore, Kenneth R. (R) 
Odom, T. LaFontine, Sr. (D) 
Perdue, Beverly E. (D) 
Phillips, Jim W, Sr. (D) 
Plyler, Aaron W (D) 
Purcell, William R. (D) 
Rand, Anthony E. (D) 
Reeves, Eric M. (D) 
Robinson, Dan (D) 
Rucho, Robert A. (R) 
Shaw, Robert G. (R) 
Shaw, Larry (D) 
Soles, R.CJr. (D) 
Warren, Ed N. (D) 
Webster, Hugh (R) 
Wemstein, David E (D) 
Wellons, Allen H. (D) 



District 


County 


Address 


16th 


Orange 


Carrboro 


16th 


Orange 


Chapel Hill 


13th 


Durham 


Durham 


6th 


Pitt 


Bethel 


31st 


Guilford 


Greensboro 


28th 


Buncombe 


AsheviUe 


14th 


Wake 


Raleigh 


27th 


Caldwell 


Lenoir 


34th 


Mecklenburg 


Charlotte 


3rd 


Craven 


New Bern 


23rd 


Davidson 


Lexington 


17th 


Union 


Monroe 


17th 


Scotland 


Laurinburg 


24th 


Cumberland 


Eayetteville 


14th 


Wake 


Raleigh 


29th 


Jackson 


Cullowhee 


35th 


Mecklenburg 


Matthews 


19th 


Guilford 


Greensboro 


41st 


Cumberland 


Eayetteville 


18th 


Columbus 


Tabor City 


9th 


Pitt 


Greenville 


21st 


Caswell 


Yancewille 


30th 


Robeson 


Lumberton 


11th 


Johnston 


Smithfield 



Leaders of the Senate 



Speakers of the Senate 




Scmitor 


County 


Asscmhh' 


Samuel Ashe 


New Hanover 


1777 


Whitmel Hill 


Martin 


1778 


Allen Jones 


Northampton 


1778 


Allen Jones 


Northampton 


1779 


Abncr Nash 


Jones 


1779 


Abner Nash 


Jones 


1780 


Alexander Martin 


Guilford 


1780 


Alexander Martin 


Guilford 


1781 


Alexander Martin 


Guilford 


1782 


Richard Caswell 


Dobbs 


1782 


Richard Caswell 


Dobbs 


1783 



426 





THE 


STATE LEGISLATURE 


CHAPTER FIVE 


Speakers of the Senate (continued) 






Senator 


County 


Assembly 




Richard Caswell 


Dobbs 


1784 (April) 




Richard Caswell 


Dobbs 


1784 (October) 




Alexander Martin 


Guilford 


1785 




James Coor 


Craven 


1786-87 




Alexander Martin 


Guilford 


1787 




Alexander Martin 


Guilford 


1788 




Richard Caswell 


Dobbs 


1789 




Charles Johnston 


Chowan 


1789 




William Lenoir 


Wilkes 


1790 




William Lenoir 


Wilkes 


1791-92 




William Lenoir 


Wilkes 


1792-93 




William Lenoir 


Wilkes 


1793-94 




William Lenoir 


Wilkes 


1794-95 




Benjamin Smith 


Brunswick 


1795 




Benjamin Smith 


Brunswick 


1796 




Benjamin Smith 


Brunswick 


1797 




Benjamin Smith 


Brunswick 


1798 




Benjamin Smith 


Brunswick 


1799 




Joseph Riddick 


Gates 


1800 




Joseph Riddick 


Gates 


1801 




Joseph Riddick 


Gates 


1802 




Joseph Riddick 


Gates 


1803 




Joseph Riddick 


Gates 


1804 




Alexander Martin 


Guilford 


1805 




Joseph Riddick 


Gates 


1806 




Joseph Riddick 


Gates 


1807 




Joseph Riddick 


Gates 


1808 




Joseph Riddick 


Gates 


1809 




Joseph Riddick 


Gates 


1810 




Joseph Riddick 


Gates 


1811 




George Outlaw 


Bertie 


1812 




George Outlaw 


Bertie 


1813 




George Outlaw 


Bertie 


1814 




John Branch 


Halifax 


1815 




John Branch 


Halifax 


1816 




John Branch 


Halifax 


1817 




Bartlett Yancey 


Caswell 


1817 




Bartlett Yancey 


Caswell 


1818 




Bartlett Yancey 


Caswell 


1819 





427 



NORTH CAROLINA MANUAL 1999-2000 



Speakers of the Senate (continued) 




Scnatov 


C(H(n(y 


Assembly 


Barllcl Yancey 


Caswell 


1820 


Ban lei 1 Yancey 


Caswell 


1821 


Bartlett Yancey 


Caswell 


1822 


Bartlell Yancey 


Caswell 


1823-24 


Bartlett Yancey 


Caswell 


1824-25 


Bartlett Yancey 


Caswell 


1825-26 


Bartlett Yancey 


Caswell 


1826-27 


Bartlett Yancey 


Caswell 


1827-28 


Jesse Speight 


Greene 


1828-29 


Bedford Brown 


Caswell 


1829-30 


David ¥. Caldwell 


Rowan 


1830-31 


David E Caldwell 


Rowan 


1831-32 


William D. Mosely 


Lenoir 


1832-33 


William D. Mosely 


Lenoir 


1833-34 


William D. Mosely 


Lenoir 


1834-35 


William D. Mosely 


Lenoir 


1835 


Hugh Waddell 


Orange 


1836-37 


Andrew Joyner 


Halifax 


1838-39 


Andrew Joyner 


Halifax 


1840-41 


Lewis D. Wilson 


Edgecombe 


1842-43 


Burgess S. Gaither 


Burke 


1844-45 


Andrew Joyner 


Halifax 


1846-47 


Calvin Graves 


Caswell 


1848-49 


Weldon N. Edwards 


Warren 


1850-51 


Weldon N. Edwards 


Warren 


1852 


Warren Winslow 


Cumberland 


1854-55 


William W Avery 


Burke 


1856-57 


Henry T. Clark 


Edgecombe 


1858-59 


Henry T. Clark 


Edgecombe 


1860-61 


Giles Mebane 


Alamance 


1862-64 


Giles Mebane 


Alamance 


1864-65 


Thomas Settle 


Rockingham 


1865-66 


Matthias E. Manly 


Craven 


1866-67 


Joseph H. Wilson 


Mecklenburg 


1866-67 



428 



THE STATE LEGISLATURE 



CHAPTER FIVE 



Presidents Pro-Tempore of the Senate^ 



Senator 


County 


Assembly 


Edward J. Warren 


Beaufort 


1870-72 


James T. Morehead 


Guilford 


1872-74 
1874-75 


James L. Robinson 


Macon 


1876-77 


William A. Graham 


Lincoln 


1879-80 


William T. Dorch 


Buncombe 


1881 
1883 


E. T. Boykin 


Sampson 


1885 
1887 


Edwin W Kerr 


Sampson 


1889 


William D. Turner 


Iredell 


1891 


John L. King 


Guilford 


1893 


E. L. Franck, Jr. 


Onslow 


1895 
1897 


R. L. Smith 


Stanly 


1899-1900 


E A. Whitaker 


Wake 


1899-1900 


Henry A. London 


Chatham 


1901 


Henry A. London 


Chatham 


1903 


Charles A. Webb 


Buncombe 


1905 


Charles A. Webb 


Buncombe 


1907-08 


Whitehead Klutz 


Rowan 


1909 


Henry N. Pharr 


Mecklenburg 


1911 


Henry N. Pharr 


Mecklenburg 


1913 


Oliver Max Gardner 


Cleveland 


1915 


Fordyce C. Harding 


Pitt 


1917 


Lindsey C. Warren 


Washington 


1917 


William L. Long 


Hahfax 


1921 


William L. Long 


Halifax 


1923-24 


William S. H. Burgwyn 


Northampton 


1925 


William L. Long 


Halifax 


1927 


Thomas L. Johnson 


Robeson 


1929 


Rivers D. Johnson 


Duplin 


1931 


William G. Clark 


Edgecombe 


1933 


Paul D. Grady 


Johnston 


1935 


Andrew H. Johnston 


Buncombe 


1937-38 


James A. Bell 


Mecklenburg 


1937-38 


Whitman E. Smith 


Stanly 


1939 


John D. Larkins, Jr. 


Jones 


1941 


John H. Price 


Rockingham 


1943 



429 



NORTH CAROLINA MANUAL 1999-2000 



' of the Senate (continued) 


County 


Assembly 


Norlhamplon 


1945 


Mecklenburg 


1947 


Lee 


1949 


Gaston 


1951 


Scotland 


1953 


Put 


1955-56 


Durham 


1957 


Cleveland 


1959 


Halifax 


1961 


Alamance 


1963 


Harnett 


1965-66 


Mecklenburs, 


1967 


Cumberland 


1969 


Stanly 


1971 


Person 


1971 


Person 


1973-74 


Cumberland 


1975-76 


Cumberland 


1977-78 


Mecklenburg 


1979-80 


Mecklenburg 


1981-82 


Mecklenburg 


1983-84 


Bertie 


1985-86 


Bertie 


1987-88 


Wayne 


1989-90 


Wayne 


1990-91 


Dare 


1992-Present 



Scnalor 
Archie C. Gay 
Joseph L. Blythe 
James C. Pittman 
Rufus G. Rankin 
Edwin Pate 
Paul E. Jones 
Claude Currie 
Robert E Morgan 
William L. Crew 
Ralph H. Scott 
Robert B, Morgan 
Herman A. Moore 
Neill H. McGeachy 
Frank N. Patterson, Jr. 
Gordon R Allen 
Gordon R Allen 
John T. Henley 
John T. Henley 
W Craig Lawmg 
W Craig Rawing 
W Craig Rawing 
J.J. Harrington 
J.J. Harrington 
Henson R Barnes 
Henson R Barnes 
Marc Basmght 

^ The state constitution of 1 868 abolished the office of speaker of the Senate, instead 
creating the ottice ol lieutenant governor with similar duties and tunctions. The 
lieutenant governor presides over the Senate and is called "the president of the 
Senate" when serving m this capacity. Senators also elect one of their members to 
serve as president pro-tempore during periods when the lieutenant can not preside. 



430 



THE STATE LEGISLATURE 



CHAPTER FIVE 




MarcBasnight 

President Pro-Tempore of the 
N.C. Senate 

Democrat, Dare County 

First Senatorial District: Camden, Clwwan, 
Currituck, Dare, Hyde, Pasquotank, 
Perquimans, Tyrrell and portions of Beaufort, 
Bertie and Washington counties. 

Early Years 

Born in Manteo, Dare County, May 13, 1947, to 
St. Clair and Cora Mae Daniels Basnight. 

Educational Background 

Manteo High School, 1966. 

Professional Background 

Basnight Construction Company and Lone Cedar Cafe. 

Political Activities 

Member, N.C. Senate, 1985-Present (President Pro-Tempore 1993-Present). 

Organizations 

Manteo Lions Club; 32nd-Degree Mason; Member of the York Rite, Scottish Rite and 
Sudan Temple; First Flight Society. 

Boards and Commissions 

North CaroUna Board of Transportation, representing Camden, Chowan, Currituck, 
Dare, Pasquotank and Perquimans Counties, 1977-83; Dare County Tourist Bureau 
(Chairman 1974-76). 

Honors and Awards 

Most Effective Senator, N.C. Center for Public PoHcy Research, 1999, 1997, 1995, 
1993; 1998 Lifetime Achievement Award, N.C. Cooperative Extension 4-H; fionorary 
Doctor of Laws (1999) and William Richardson Davie Award (1995), University of 
North Carolina at Chapel Hill; 1993 William C. Lassiter First Amendment Award, 
N.C. Press Association; 1989 Presidents Public Service Award, Nature Conservancy 

Personal Information 

Married, Sandy Tillett Basnight, March 23, 1968. Two children. Member, Methodist 
Church. 

Committee Assignments 

Ex-Officio member of all standing Senate committees. 



431 




NORTH CAROLINA MANUAL 1999-2000 

Frank W.Ballance, Jr. 

Deputy President Pro-Tempore 

Democrat, Warren County 

Second Senatorial District: Gates, Hertford, 
Northampton, Warren and Portions ojBerti, 
Halifax and Vance counties 

Early Years 

Born in Windsor, Bertie County, February 15, 
1942, to Frank Winston and Alice (Eason) 
Ballance. 

Educational Background 

WS. Ethe ridge 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 ot Law, 1965-66. 

Political Activities 

Member, N.C. Senate, 1989-Present; Member, N.C. House of Representatives 1983- 
86. 

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 Smallvvood Ballance, 1969. Three children. Member, Greenwood 
Baptist Church, Warrenton. 

Committee Assignments 

Vice-Chair, Appropriations on Justice and Public Safety and Judiciary 11. Member, 
Appropriations/Base Budget, Commerce, Insurance, State and Local Government, 
Ways and Means, Select Committee on Tobacco Settlement Issues. 



432 



THE STATE LEGISLATURE CHAPTER FIVE 




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., Jr., and Beverly Cooper. 

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. 

Organizations 

Chamber of Commerce; N.C. Bar Association; N.C. Academy of Trial Lawyers; Red 
Cross. 

Boards and Commissions 

United Way, Board of Directors; American Heart Association, Board of Directors; 
Board of Governors, N.C. Academy of Trial Lawyers. 

Honors and Awards 

Morehead Scholar, University of North Carolina at Chapel Hill; Freedom Guard Award, 
N.C. Jaycees; William C. Lassiter First Amendment Award, N.C. Press Association; 
NCAE Excellence in Equity Award; Legislator of the Year, N.C. Academy of Trial 
Lawyers. 

Personal Information 

Married, Kristin B. Cooper. Three children. Member, First Presbyterian Church, Rocky 
Mount. 

Committee Assignments 

Chair, Judiciary 1; Vice-Chair, Finance and Rules and Operation of the Senate; Member, 
Education/Higher Education and Health Care. 



433 



NORTH CAROLINA MANUAL 1999-2000 




Patrick J. Ballantine 

Senate Minority Leader 

Republican, New Hanover County 

Fourth Scnatoiial 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, N.C., 1983; 
B.A. m Political Science, UNC-Chapel Hill, 1987; 
J.D., University of Dayton School of Law, 1990. 

Professional Background 

Attorney and Businessman, Lineberiy White, Hearne & Ballantine, LLP. 

Political Activities 

Member, N.C. Senate, 1994-Present. 

Organizations 

Rotary International; National Republican Legislators Association; Lincoln Forum; 
UNCW Seahawk Club; Friends of Fort Macon; Flistonc Wilmington Foundation; 
Special Olympics; United Way; March of Dimes. 

Boards and Commissions 

American Lung Association; New Hanover County Children's Museum; New Hanover 
County Crime Commission; New Hanover Adolescent Health Center. 

Personal Information 

Married to Lisa Beard Ballantine of Fort Worth, Texas on August 10, 1991. One 
child. Member, St. Andrews on the Sound Episcopal Church. 

Committee Assignments 

Ranking Minority Member, Commerce; Member, Finance, Insurance, Judiciary I 
and Ways and Means. 



434 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Luther H. Jordan, Jr. 

Senate Majority Whip 

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., Wilmington, and Jordan Columbus County 
Chapel, Riegelwood, N.C. 

Political Activities 

N.C. Senate, 1993-Present (Senate Majority Whip, 1999-Present); Member, 
Wilmington City Council, 15 years (Mayor Pro-Tempore). 

Organizations 

Life Member, NAACP; Member, Gupton Jones College Alumni Association; Member, 
Wilmington Sportsman Club; Member, Shriners-Habib Temple No. 159; Member, 
1985 Wilmingtorb/New Hanover Visitors &r Meetings Council City Representative 
to Zurich, Switzerland on Export-Import Growth, 1981; Member, New Hanover 
County PAC; Member, N.C. Black Municipal Association; Member, National Black 
Caucus; Past Member, Chamber of Commerce. 

Boards and Commissions 

Past Member, Cape Fear Council Boys Scouts of America Executive Board; Past 
Member, Board of Directors of Sickle Cell Anemia Association; Past Member, 
Committee of 100/Regional Housing Board; Past Member, Board of Directors of 
Girls Club; Vice-President, Cape Fear District Funeral Directors Association. 

Honors and Awards 

Man of the Year, Wmston-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. 

Personal Information 

Chestnut Street Presbyterian Church (U.S.A.). 



435 



NORTH CAROLINA MANUAL 1999-2000 

Luther H. Jordan Jr. (continued) 

Senate Majority Whip 

Committee Assignments 

Chair, Appropriations on Justice and Public Safely; Vice-Chan; State and Local 
Government; Member, Appropriations/Base Budget, Commerce, Information 
Technology, Pensions and Retirement and Aging, Rules and Operations of the Senate. 



436 



THE STATE LEGISLATURE 



CHAPTER FIVE 




James S. Forrester, MD 

Senate Minority Whip 

Republican, Gaston County 

Thirty-Ninth Senatorial District: Portions oj 
Gaston, Iredell and Lincoln counties 

Early Years 

Born in Aberdeen, Scotland, January 8, 1937, to 
James S. and Nancy McLennan Forrester. 

Educational Background 

New Hanover High, 1954; B.S. in Science, Wake 
Forest University, 1958; M.D., Bowman Gray 
School of Medicine of WFU, 1962; M. PH., UNC- 
ChapelHiU, 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, 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; 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; Board of Directors (past), Childrens Council, Gaston County; Past 
Member, Board of Directors , United Arts Council; Board of Directors , 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 Fhght Surgeon of the Year, 1976; Former Commander of 145 TAG clinic 
and State Air Surgeon; Chief Flight Surgeon, Participated in air evacuation in Vietnam; 
Air War College graduate, Legion of Merit. 



437 



NORTH CAROLINA MANUAL 1999-2000 

James S. Forrester, IVID (continued) 

Senate Minority Whip 

Honors and Awards 

Jefferson Award for Public Service, 1988; N.C. Medical Society Pliysician Communiiy 
Service Award, 1994; Distinguished Achievement Award, Bowman Gray School of 
Medicine, Wake Forest University, 1997. 

Personal Information 

Married to Mary Frances All Forrester of Wilmington on March 12, 19(^0. Four 
children. Member, First Baptist Church, Stanley 

Committee Assignments 

Vice-Chair, Appropriations/Base Budget; Ranking Minority Member, Appropriations 
on Human Resources, Children & Human Resources, Rules and Operations of the 
Senate; Member, Commerce, Education/Higher Education, Health Care, Judiciary II, 
Select Committee on Tobacco Setdement Issues. 



438 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Charles W.AIbertson 

Democrat, Duplin County 

Fifth Senatorial District: Duplin and Portions 
of Jones, Onslow, Pender and Sampson coun- 
ties 

Early Years 

Born in Beulaville, Duplin County, January 4, 
1932, to James Edward and Mary Elizabeth Norns 
Albertson. 

Educational Background 

Beulaville Elementary and High School, 1938-50; 
attended James Sprunt Community College. 

Professional Background 

Farmer; Retired PPQ Officer, USDA; Professional Musician; Songwriter and 
Publisher; Recording Artist. 

Political Activities 

Member, N.C. Senate, 1993-Present; Member, N.C. House of Representatives, 1989- 
92. 

Organizations 

Beulaville Investors Club; North Carolina Farm Bureau; Co-coordinator, Yokefellow 
Prison Ministry 1978-80; Chair, Duplin County Red Cross Fund Drive, 1980; Duplin 
Rural Development Panel, Food and Agriculture Council, 1980-87; Duplin County 
Fair Committee, 1982. 

Boards and Commissions 

James Sprunt Community College, Board of Trustees, 1977-1992 (Chair, 1986-1989); 
James Sprunt Community College Foundation Board of Directors, 1980; Chair, James 
Sprunt Community College Foundation, 1983-86; Duplin County Agriculture- 
Business Council, 1980-Present (President, 1981); Duplin County Arts Council Board 
of Directors, 1977-79. 

Military Service 

Served, U.S. Air Force, 1951-52. 

Honors and Awards 

Two Certificates of Esteem from U.S. Defense Department for entertaining troops in 
26 counties; Duplin County Board of Commissioners proclaimed Charlie Albertson 
Day May 25, 1975; Long-Leaf Pine Award; Award for writing song for USDA APHIS; 
Has performed on the Grand Ole Opry (wrote and recorded the first jingle for the 
"Goodness Grows in North Carolina" Program). 



439 



NORTH CAROLINA MANUAL 1999-2000 

CharlesW.AIbertson (continued) 

Democrat, Duplin County 

Personal Information 

Married to Grace Sholar Albertson on February 15, 1953. Two children. Three 
grandchildren. Member, Beulaville Presbyterian Church. 

Committee Assignments 

Chair: Agriculture/Environment/Natural Resources; Vice-Chair: Appropriations on 
Department of Transportation, Select Committee on Tobacco Settlement Issues; 
Member, Appropriations/Base Budget, Finance, Judiciary 1, Pensions & Retirement 
and Aging, Rules and Operations of the Senate, State and Local Government. 



440 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Austin Murphy Allran 

Republican, Catawba County 

Twenty-Sixth Senatorial District: Catawba and 
Portions of Lincoln counties 

Early Years 

Born in Hickory, Catawba County, December 13, 
195 1 , to Albert M. and Mary Ethel Houser Allran. 

Educational Background 

Hickory High School, 1970; B.A. in English and 
History, Duke University, 1974; J. D., Southern 
Methodist University School of Law, 1978; M.A. 
in English, North Carolina State University, 1998. 

Professional Background 

Attorney at Law. 

Political Activities 

Member, N.C. Senate 1987-Present (Senate Mmority Whip, 1995-1996); Member, 
N.C. House, 1981-86. 

Organizations 

N.C. State Bar; Catawba County Bar Association; Hickory Downtown Development 
Association; Sons of Confederate Veterans; Catawba County Historical Association; 
Sons of the American Revolution; Hickory Landmarks Society; Bible Study Fellowship 
International; Hickory Museum of Art. 

Boards and Commissions 

Board of Trustees, Hickory Landmarks Society; Legislative Research Commission; 
Child Fatality Task Force; Coastal Beach Movement Study Commission; Information 
Technology Study Commission. 

Honors and Awards 

1999 Legislator of the Year, Initiative to Reduce Underage Drinking; 1992 Taxpayers' 
Best Friend, N.C. Taxpayers United; 1999 Certificate of Appreciation Award, Catawba 
County Partnership Against Underage Drinking; Friend of the Family Award (1995 
and 1996), Christian Coahtion; 1995 First Place for Short Story Award, N.C. Writers' 
Network. 

Personal Information 

Married to Judy Mosbach Allran on September 27, 1980. Two children. Life-long 
member, Corinth Reformed United Church of Christ, Hickory. 

Committee Assignments 

Vice Chair: Appropriations/Base Budget; Ranking Minority Member, Education/Higher 
Education, Finance, Ways and Means; Member, Appropriations on General 
Government, Children and Human Resources, Judiciary I. 



441 



NORTH CAROLINA MANUAL 1999-2000 




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 m Franklin, Macon County, June 18, 1924, 
10 Edgar J. and Eula 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). 

Boards and Commissions 

Former Member, Macon County Economic Development Commission; Former 
Member, Board of Tmstees, Southwestern Community College; Former Chair, Franklin 
First Union Board of Directors; Former Commissioner, Macon County Board ot County 
Commissioners, 1978-82; Former President and Member, N.C. Association of 
Community College Trustees. 

Military Activities 

Aviation Cadet, U.S. Navy, 1943-45. 

Personal Information 

MaiTied, T. Helen Edwards Bryant Caipenter, Januaiy 18, 1986 (First wife, Ruth, deceased); 
Eight children; 17 grandchildren; Member, Saint Francis Catholic Church, Franklin. 

Committee Assignments 

Vice-Chair, Transportation; Ranking Minority Member, Appropriations on Department 
of Transportation, Judiciary I; Member, Appropriations/Base Budget, Commerce, 
Pensions & Retirement and Agmg. 



442 



THE STATE LEGISLATURE 



CHAPTER FIVE 




JohnH.Carrington 

Republican, Wake County 

Thirty-Sixth Senatorial District: Portions of 
Wake County 

Early Years 

Born in Philadelphia, Pennsylvania, October 25, 
1934, to William E. and Doretta Keyes 
Carrington. 

Educational Background 

Miami Edison High School, Miami Florida, 1957; 
Mechanical Engineering, Pennsylvania Military 
College (Widener College), 1962; Forensic 
Sciences, American Institute of Applied Sciences, 
1960. 

Professional Background 

CEO/Director, the Sirchie Group of Companies. 

Political Activities 

Member, North Carolma 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 rank of E-3; Parachutist Badge; Parachute Packing and Aerial 
Delivery Badge. 

Personal Information 

Two children; one grandchild. 

Committee Assignments 

Vice-Chair, Rules and Operations of the Senate; Ranking Minority Member, Insurance; 
Member, Appropriations on Justice and Public Safety, Appropriations/Base Budget, 
Commerce, Information Technology, Judiciary I, Transportation, and Ways and Means. 



443 



NORTH CAROLINA MANUAL 1999-2000 



Charles Newell Carter, Jr. 

Democrat, Buncombe County 

Twenty-Eighth Senatorial District: Buncombe, 
Burke, Madison, McDowell and Yancey counties 

Early Years 

Born in Asheville, Buncombe County, to Charles 
Newell, Sr. and Tura Carter. 

Educational Background 

Asheville High School, 1986; Bachelor of Arts m 
International Studies and History, Oglethorpe 
University, 1990. 

Professional Background 

Teacher, Buncombe County Public School System. 

Political Activities 

Member, N.C. Senate, 1998-Present. 

Personal Information 

Member, Grace Episcopal Church. 

Committee Assignments 

Vice-Chair, Appropriations on Education/Higher Education; Member, Appropriations/ 
Base Budget, Commerce, Education/Higher Education, Information Technology, 
Judiciary 1, Transportation and Select Committee on Tobacco Settlement Issues. 




444 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Daniel G.CIodfelter 

Democrat, Mecklenburg County 

Fortieth Senatorial District: Mecklenburg 
County 

Early Years 

Born June 2, 1950, m Thomasville, Davison 
County, to Billy G. and Lorene Wells Clodfelter. 

Educational Background 

Bachelor's, Davidson College, 1972; Bachelor's, 
Oxford University, 1974; Law Degree, Yale Law 
School, 1977. 

Professional Background 

Attorney at law. 

Political Activities 

Member, N.C. Senate, 1998-Present; Member, Charlotte City Council. 

Boards and Commissions 

loint Select Committee on Information Technology; Study Commission on the Future 
of Electric Services in North Carolina; Civil Litigation Study Commission; Co-Chair, 
Consumer Protection Committee, Legislative Research Commission; Courts 
Commission. 

Honors and Awards 

1972 Rhodes Scholar. 

Personal Information 

Married to Elizabeth K. Bevan Clodfelter. Two children. 

Committee Assignments 

Vice-Chair, Judiciary 1; Member, Agriculture/Environment/Natural Resources, 
Appropriations on Department of Transportation, Appropriations on Information 
Technology, Appropriations/Base Budget, Einance, Information Technology, Pensions 
and Retirement and Aging, State and Local Government. 



445 



NORTH CAROLINA MANUAL 1999-2000 




Betsy Lane Cochrane 

Republican, Davie County 

Thiny-cighth Senatorial DisUict: Davie and 
Portions of Davidson, Rowan and Forsyth counties 

Early Years 

Born in Asheboro, Randolph County, lo 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 

N.C. State Senator, Former Educator and Housev^ife. 

Political Activities 

Member, N.C. Senate 1989-Present (Senate Minority Leader, 1994-96; Senate Minority 
Whip, 1993-94); Member, N.C. House of Representatives, 1981-88 (House Minority 
Leader, 1985-89. 

Organizations 

ALEC; Eederation of Republican Women; Meredith College Alumnae Association; 
N.C. Museum of History Associates; United Way; Mocksville Women's Club; N.C. 
Symphony; Chair, Meredith College Presidents Council, 1999-Present; Governors 
Blue Ribbon Task Force on Environmental Indicators. 

Boards and Commissions Ij 

Davie County Hospital Board of Trustees; Z. Smith Reynolds Advisory Board; Public 
School Forum; Co-Chair, Commission on Aging, 1989-97; Southern Regional i 
Education Board. 

Honors and Awards 

One of Ten Outstanding Legislators in the Nation, 1987; Distinguished Alumna of Meredith 
College, 1996; Legislator of the Year for Autism, 1995; Wildlife Federation Legislator of 
the Year, 1994; 1992 N.C. Association for Home Care Legislator of the Year. 

Personal Information 

Married to Joe Kenneth Cochrane. Two children. Member, Knollwood Baptist Church. 

Committee Assignments 

Vice-Chair, Appropriations/Base Budget, Commerce; Ranking Minority Member, 
Agnculture/Environment/Natural Resources, Appropriations on Natural and Economic 
Resources; Member, Children and Human Resources, Education/Higher Education, 
Finance, Information Technology, Select Committee on Tobacco Settlement Issues. 



446 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Walter Harvey Dalton 

Democrat, Rutherford County 

Thirty-Seventh 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. 

Professional Background 

Attorney, Nanney, Dalton & Miller. 

Political Activities 

Member, N.C. Senate, 1997-Present. 

Organizations 

Former Member, Child Abuse Prevention Society; Member, North Carolina State 
Bar; Member, South Carolina State Bar; Director, UNC Law Alumm Association; UNC- 
Chapel Hill Board of Visitors; Board of Directors, Public School Forum. 

Boards and Commissions 

Former President, Rutherford County Bar; Chairman, Board of Trustees, Isothermal 
Community College, 1995-97; Board Member, Rutherford County Community 
Foundation; Former Member, Rutherford County Red Cross Board of Directors; 
Trustee, McClure Educational Foundation; Board Member. 

Honors and Awards 

Honorary Life Member, Rutherford County Fire Service, 1992; Legislator of the Year 
for Region C Law Enforcement, 1997 and 1999. 

Personal 

Married Lucille Hodge Dalton of Rutherfordton on August 7, 1971. Two children. 
Member, Spindale United Methodist Church. 

Committee Assignments 

Chair, Appropriations on Education/Higher Education, Education/Higher Education; 
Vice-Chair, Judiciary 11, State and Local Government; Member, Appropriations/Base 
Budget, Commerce, Finance, Rules and Operations of the Senate. 



447 




NORTH CAROLINA MANUAL 1999-2000 

Charlie Smith Dannelly 

Democrat, Mecklenburg County 

Thirty-third Senatorial District: Portions of 
Mecklenburg County 

Early Years 

Bom 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 m Education and Administration, 
UNC-Charlotte, 1966. 

Professional Background 

Retired educator, Charlotte-Mecklenburg Schools. 

Political Activities 

Member, North Carolina Senate, 1995-Present; Charlotte City Council, 1977-1989. 

Organizations 

President, Phi Delta Kappa; Secretary, Democratic Mens Club; Treasurer, Charlotte- 
Mecklenburg Principals Association; Secretary, Omega Psi Phi, Omega Pi Phi Chapter; 
Committee to Preserve and Restore Third Ward Board of Directors; Johnston C. Smith 
University 100 Club; NAACP (Chair ol Education Committee, Mecklenburg County); 
Omega Psi Phi. 

Boards and Commissions 

Mecklenburg County ABC Board; Charlotte Council on Alcohol; Mecklenburg County 
Social Services Board; Arthritis Patient Services Board; West Charlotte Business 
Incubator Board. 

Military Activities 

U.S. Army, 82nd Airborne, 1st Lt., June 26, 1951 -February, 1954 (Korean War); 
Parachute Badge, United Nations Service Medal, Korean Service Medal with one Bronze 
Star, National Defense Service Medal. 

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. 



448 



THE STATE LEGISLATURE CHAPTER FIVE 



Personal Information 

Married to Rose La Verne Rhodes Dannelly of Orangeburg, S.C, August 2, 1956. One 
child. Member, Friendship Missionary Baptist Church. 

Committee Assignments 

Chair, Ways and Means; Vice-Chair, Appropriations on Human Resources, Children 
and Human Resources, Education/Higher Education; Member, Appropriations/Base 
Budget, Finance, Health Care, Select Committee on Tobacco Settlement Issues. 



449 




NORTH CAROLINA MANUAL 1999-2000 

Don W. East 

Republican, Surry County 

Twcljlh ScncUoiial Disliict: Alleghany, Ashe, 
Giiiljord and portions of Rockingham, Stokes, 
Siiny 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, N.C. Senate, 1995-Present. 

Organizations 

Arart Long Hill Puritan Club. 

Boards and Commissions 

Served two terms on Surry County Board of Commissioners, 1984-1992. 

Personal Information 

Married to Connie Needham East of Pilot Mountain, 1963. One child. Two grandsons. 
Member, First Baptist Church, King. 

Committee Assignments 

Ranking Minority Member, Appropriations on Justice and Public Satety; Member, 
Agriculture/Environment/Natural Resources, Appropriations/Base Budget, Children 
and Human Resources, Insurance, Ways and Means, Select Committee on Tobacco 
Settlement Issues. 



450 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Virginia Foxx 

Republican, Watauga County 

Twelfth Senatorial District: Alleghany, Ashe, 
Guilford (part), Rockingham, Stokes, Surry and 
Watauga counties 

Early Years 

Born m New York City, N.Y., on June 29, 1943, 
to Nunzio John and Dollie Garrison Palmieri. 

Educational Background 

Crossnore High School, Crossnore, N.C., 1957- 
1961; A.B. in English, UNC-Chapel Hill, 1968; 
M.A.C.T. m 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; Watauga County Board of Education, 
1976-1988. 

Organizations 

N.C. Center for Public Pohcy Research Board; N.C. FREE; UNC Board of Visitors; 
Foscoe-Grandfather Community Center Board; N.C. Equity; UNC Botanical Garden 
Foundation Board; NCCBI; Board, WNC Development Association, 1991-94. 

Boards and Commissions 

Partner, NC Civic Education Consortium, 1999-Present; ROAN Scholarship Selection 
Committee, ETSU, 1999-Present; Member, Banner Elk Chamber of Commerce Board, 
1990-94; Advisory Panel, Z. Smith Reynolds Foundation, 1989-93; National Advisory 
Council for Women's Educational Programs, appointed by President Carter and 
confirmed by U.S. Senate, 1980-1983. 

Honors and Awards 

1994 Carpathian Award for Personal Advocacy, N.C. Equity; 1993 Distinguished 
Fundraising Award, YMCA of the USA/Southfield; 1992 Order of the Long-Leaf Pine; 
1999-2000 Flemming Fellowship, Center for Policy Alternatives; 1 990 Distinguished 
Woman of North Carolina. 



451 



NORTH CAROLINA MANUAL 1999-2000 

Virginia Foxx (continued) 

Republican, Rockingham County 

Personal Information 

Married to Thomas Allen Foxx of Grandfather Community, N.C., 1963. One child. 
Two grandchildren. Member, St. Elizabeth of the Hill Countiy Roman Catholic Church. 

Committee Assignments 

Ranking Minority Member, Appropriations on General Government, Appropriations 
on Information Technology; Member, Appropriations/Base Budget, Children and 
Human Resources, Commerce, Education/Higher Education, Einance, Information 
Technology. 



452 



THE STATE LEGISLATURE 



CHAPTER FIVE 



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Linda Garrou 

Democrat, Forsyth County 

Twc?ificdi ScnaioriaX District: Forsyth County 

Early Years 

Born in Atlanta, Georgia, to Joe and Rubye Spears 
Dew. 

Educational Background 

Columbus High School, Columbus, Ga., I960; 
B.S. Ed. in Secondary Education (History), 
University of Georgia, 1964; M.A.T. m History, 
UNC-Chapel Hill, 1967. 

Professional Background 

High School Teacher. 

Political Activities 

Member, North Carolma Senate, 1998-Present. 

Organizations 

Guardian Ad Litem (District Administrator, 1987-91; Regional Administrator, 1991- 
97); Forsyth County Juvenile Justice Council; Big Brother-Big Sister; Leadership 
Winston-Salem, Piedmont Triad Leadership; Winston-Salem Junior League; N.C. Child 
Advocacy Council (Founding President); Chair, Permanent Famihes Task Force; 
Forsyth County Child Protection Team. 

Boards and Commissions 

Governor's Advocacy Council for Children and Youth; Business Advisory Council, 
Bryan Business School, UNC-Greensboro; Alumni Council, School of Education, UNC- 
Chapel Hill; Metrolina YMCA, Forsyth County; Board of Directors, Habitat for 
Humanity. 

Honors and Awards 

Ellen Winston Award for Service to Children in North Carolina, State Council for 
Social Legislation. 

Personal Information 

Married to John L.W Garrou. Two children. Member, First Presbyterian Church of 
Winston-Salem. 

Committee Assignments 

Vice-Chair, Appropriations on Information Technology, Information Technology; 
Member, Agriculture/Environment/Natural Resources, Appropriations on Education/ 
Higher Education, Appropriations/Base Budget, Children and Human Resources, 
Education/Higher Education, Select Committee on Tobacco Settlement Issues. 



453 



NORTH CAROLINA MANUAL 1999-2000 




John Allen Garwood 

Republican, Wilkes County 

Twenty -Seventh Senatorial District: Alexander 
Avery, Caldwell Mitchell, Wilkes, Yadkin and 
Portions of Burke counties 

Early Years 

Born on July 8, 1932, in North Wilkesboro to 
James Lemuel and Annie Lura Carrigan Garwood. 

Educational Background 

Wilkesboro High School, Wilkesboro, 1951; B.S. 
in Business Education, Appalachian State 
University, 1957. 

Professional Background 

Vice-President, Lineberr); Inc. (Small business manufacturing wood-cutting tools). 

Political Activities 

Member, N.C. Senate, 1996-Present; Chair, Wilkes County Commission, 1992-94; 
Chair, 5th Congressional District Republican Party, 1980-82; Chair, Wilkes County 
Republican Party 1975-79. 

Boards and Commissions 

Member, Local Board, First Citizens Bank, 1975-Present; Member, UNC Board ol' 
Governors, 1985-96; Member, Appalachian Slate 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 Lile Science 
Advisory Board. 

Organizations 

Past Vice-President and Director, Wilkes Chamber of Commerce; Past Exalted Ruler, 
North Wilkesboro Elks Lodge. 

Honors and Awards 

Outstanding Alumnus Award, 1997. 

Military Service 

Sergeant, 1 1th Airborne, U.S. Army 1953-55, Korean War. 

Personal Information 

Married Wanda Bandy Garwood on August 3, 1957. Three children. Four 
grandchildren. Member, Wilkesboro United Methodist Church. 

Committee Assignments 

Ranking Minority Member, Transportation; Member, Agriculture/En\ironmcnt/Natural 
Resources, Appropriations/Base Budget, Appropriations on Education/Higher 
Education, Education/Higher Education, Health Care, State and Local Government. 



454 



THE STATE LEGISLATURE 



CHAPTER FIVE 




WibGulley 

Democrat, Durham County 

Thirteenth Senatorial District: Durham, Granville 
and Portions of Person and Wake counties 

Early Years 

Born m 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, 1981. 

Professional Baclzground 

Attorney and Partner, Law firm of Gulley and 
Calhoun. 

Political Activities 

N4ember, 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 Outstanding 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 Gulley of Ashevillc on May 5, 1985. Two children. 
Member, First Presbyterian Church, Durham. 

Committee Assignments 

Chair, Appropriations on Department of Transportation; Vice-Chair, Agriculture/ 
Environment/Natural Resources, Rules and Operations of the Senate, Transportation; 
Member, Appropriations/Base Budget, Education/Higher Education, Finance, 
Information Technology, Judiciary 1, Select Committee on Tobacco Settlement Issues. 



455 




NORTH CAROLINA MANUAL 1999-2000 

Kay Hagan 

Democrat, Guilford County 

Thirty-second Senatorial District: Guilford 
County 

Early Years 

Born m Shelby, N.C., to Joseph P. and Jeaneite 
Chiles Ruthven. 

Educational Background 

Lakeland High School, Lakeland, Fla., 1971; 
Bachelor of Arts, Florida State University, 1975; 
J.D., Wake Forest University, School of Law, 1978. 

Professional Background 

Attorney at law. 

Political Activities 

Member, N.C. Senate, 1999-Present. 

Organizations 

Legal Representative, Ethics Committee, Cone Hospital; Executive Committee, UNC- 
Greensboro Excellence Foundation; Advisory Council, Greensboro Convention & 
Visitors Bureau. 

Boards and Commissions 

Board of Directors, United Arts Council; Board of Directors, National Conference for 
Community & Justice; UNC-G Friends of the Jackson Library; Triad Leadership 
Network. 

Personal Information 

Married, Charles Tilden Hagan. Three children. Member, First Presbyterian Church. 

Committee Assignments 

Vice-Chair, Judiciary II; Member, Agriculture/Fnvironment/Natural Resources, 
Appropriations on Education/Higher Education, Appropriations/Base Budget, Children 
and Human Resources, Education/Higher Education, Health Care. 



456 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Oscar N.Harris 

Democrat, Johnston County 

Fifteenth Senatorial District: Harnett, Johnston, 
Sampson and Lee counties 

Early Years 

Born in Newton Grove, Sampson County to 
William Asber and Mamie Washington Godwin 
Harris. 

Educational Background 

Hobbton High School, Newton Grove, 1958; 
Edwards MiUtary Academy, 1962; B.S. in Business 
Administration, Campbell University, 1965. 

Professional Background 

Certified Public Accountant, Oscar N. Harris & Associates, PA. 

Political Activities 

Member, N.C. Senate, 1999-Present; Mayor, City of Dunn, 1987-95. 

Organizations 

N.C. Association of Certified Public Accountants; American Institute of Certified 
Public Accountants; Dunn Area Chamber of Commerce; Harnett County Habitat for 
Humanity, Inc.; Harnett County Community Fund; Rotary Club of Dunn; Senator, 
Jaycees International; Shrine Club of Dunn; General William C. Lee Memorial 
Commission, Inc. 

Boards and Commissions 

Southeastern College of the Assemblies of God; Presidential Board of Advisors, 
Campbell University; New Century Bank; Carohna Council for Affordable Housing; 
Board of Advisors, N.C. Masonic Charities. 

Military Service 

Sergeant, 2"'' Marine Division, U.S. Marine Corps, 1958-61 (active reserves, 1961- 
66); Good Conduct Award. 

Honors and Awards 

1968 Young Man of the Year for the City of Dunn; 1986 Man of the Year, City of 
Dunn; 1991 Public Service Award, N.C. Association of Certified Public Accountants; 
1997 Distinguished Service Award, Boy Scouts of America; Distinguished Alumnus, 
Campbell University. 

Personal Information 

Married, Jean Carolyn Wood Harris. Two children. Three grandchildren. Member, 
Glad Tidings Assembly of God. 



457 



NORTH CAROLINA MANUAL 1999-2000 

Oscar N.Harris (continued) 

Democrat, Johnston County 

Committee Assignments 

Vice-Chair, Insurance; Member, Agricullure/Environment/Nalural Resources, 
Appropnalions on General Governmenl, Approprialions/Base Budget, Finance, 
Information Technology, Transportation, Select Committee on Tobacco Settlement 
Issues. 



458 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Fletcher Lee Hartsell, Jr. 

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., Sr., and Doris Wright 
Hartsell. 

Educational Background 

Concord High School, 1965; A.B. m Political 
Science, Davidson College, 1969; J.D., UNC- 
ChapelHill, 1972. 

Professional Background 

Attorney Hartsell, Hartsell &r White. 

Political Activities 

Member, N.C. Senate, 1991-Present. 

Organizations 

Cabarrus County Bar Association; N.C. Council of School Attorneys; National 
Association of Veterans' Advocates; Concord Rotary Club; Trustee, Baptist Retirement 
Homes of N.C; Co-President, Concord High School RT.S.O.; Gold History 
Corporation. 

Boards and Commissions 

Board of Visitors, UNC-Chapel Hill; Public School Forum; N.C. Center for Public 
Policy Research; Christian Women's Job Corps Board. 

Military Service 

First Lieutenant, U.S. Army. 

Honors and Awards 

Order of the Long Leaf Pine; 1997 Outstanding Legislator Award, N.C. Academy of 
Trial Lavv^ers. 

Personal Information 

Married, Tana Renee Honeycutt Hartsell o^ Kannapolis. Three children. Member, 
McGill Avenue Baptist Church. 

Committee Assignments 

Vice-Chair, Education/Higher Education, Judiciary 1; Ranking Minority Member, 
Appropriations on Education/Higher Education, Select Committee on Tobacco 
Settlement Issues; Member, Agriculture/Environment/Nalural Resources, 
Appropriations/Base Budget, Finance, Health Care, Transportation. 



459 



NORTH CAROLINA MANUAL 1999-2000 




Hamilton C.HortonJr. 

Republican, Forsyth County 

Twentieth Senatorial District: Portions oj 
Forsyth County 

Early Years 

Born in Winston-Salem on August 6, 1931, to 
Hamilton Cowles and Virgmia Lee Wiggms 
Horton. 

Educational Background 

R. J. Reynolds High School, Winston-Salem, 
1949; A.B. m History, UNC-Chapel Hill, 1953; 
L.L.B., UNC-Chapel Hill, 1956; Summer study 
at Universite De Grenoble, 1950, and Umverstat 
Von Salzburg, 1952. 

Professional Background 

Attorney, Horton, Sloan & Gerber, LLC. 

Political Activities 

Member, N.C. Senate, 1971-74, 1995-Present; Member, N.C. House ol 
Representatives, 1969-1970. 

Organizations 

N.C. Bar Association; Forsyth County Bar Association (President, 1989-90); 21" 
District Bar Association (President, 1989-90); Rotary Club; Forsyth County Historic 
Properties Commission, (Chair, 1987-89), N.C. Environmental Defense Fund (Vice- 
Chair, 1994); N.C. Institute of Political Leadership (Vice-Chair, 1994). 

Boards and Commissions 

N.C. Board on State Goals and Policies (Vice-Chair, 1987-92); N.C. Recreational and 
Natural Heritage Trust (Chair, 1991-94); N.C. Milk Commission (Chair, 1974). 

Militaiy Service 

Lieutenant, U.S. Navy, 8th Naval District, 1956-60. 

Honors and Awards 

Carraway Award, Preservation North Carolina, 1997; Outdoor Recreation Achievement 
Award, U.S. Department of the Interior, 1976; New River Award, Conser\^ation Council 
of N.C, 1976. 

Personal Information 

Married to Evelyn Hanes Moore Horton of Winston-Salem on February 16, 1963. 
One child. Member, Calvary Moravian Church. 



460 



THE STATE LEGISLATURE CHAPTER FIVE 



Committee Assignments 

Vice-Chair, Agriculture/Environment/Natural Resources; Ranking Minority Member, 
Information Technology; Member, Appropriations/Base Budget, Appropriations on 
Natural and Economic Resources, Education/Higher Education, Judiciary II, Rules 
and Operations of the Senate, State and Local Government, Select Committee on 
Tobacco Settlement Issues. 



461 



NORTH CAROLINA MANUAL 1999-2000 




David William Hoyle 

Democrat, Gaston County 

Twenty-Fifth Scnatoiial District: Portions of 
Cleveland, Gaston and Lincoln counties 

Early Years 

Born in Gaslonia on February 4, 1939, to William 
Atkin Hoyle and Ethel Brown Hoyle. 

Educational Background 

Dallas High School, Dallas, N.C., 1957; B.A. in 
Business Administration, Lenoir-Rhyne College, 
1960. 

Professional Background 

Real Estate investor/Developer, DWH 
Investments. 

Political Activities 

Member, N.C. Senate, 1993-Present; Mayor, Town of Dallas, 1967-71; Chair, Gaston 
County Democratic Party. 

Organizations 

Chair, Board of Directors, Gaston Federal Bank; Board ol Directors, the Shaw Group; 
Founder/President, Summey Building Systems, Inc.; Former Board Member, Gaston- 
Lincoln Area Mental Health; Former Member, Board of Directors, Schiele Museum ol 
Natural History, Inc.; Former Director, Gaston County Heart Association; Former 
Director, Gaston County Chamber of Commerce; Former Member, Board ol Directors, 
United Way of Gaston Co, Inc.; Chair, 1987 Arts Fund Drive. 

Boards and Commissions 

N.C. Board of Transportation, 1977-1984; Past President, Piedmont Educational 
Foundation; Former Chair and Member (17 years). Board of Trustees, Lenoir-Rhyne 
College; Former Chair and Member, Board of Trustees, Gaston Memorial Hospital; 
Founder/Former Board Member, Home Builders Association ol Gaston County 

Honors and Awards 

Honorary Doctor of Laws, Lenoir-Rhyne College, 1983. 

Personal Information 

Married to Linda Summey Hoyle on January 28, 1959. Two children. Three 
grandchildren. Member, Holy Communion Lutheran Church, Dallas N.C. 

Committee Assignments 

Chair, Finance; Vice-Chair, Commerce, Education/Higher Education; Member, 
Appropriations on Base Budget, Appropriations on Department of Transportation, 
Information Technology, Judiciary, Rules and Operations of the Senate, Transportation, 
Ways and Means. 



462 



THE STATE LEGISLATURE 



CHAPTER FIVE 




John Hosea Kerr, III 

Democrat, Wayne County 

Eighth Senatorial District: Greene, Wayne and 
portions of Lenoir 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, Taylor and Smith, LLP 

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; 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.; Wa}Tie County Boys Club. 

Boards and Commissions 

BB&T Advisory Board; Past Chair, Wayne County Chapter, American Red Cross; 
Past Chair, Morehead Foundation, District 11 Committee; UNC Board of Visitors; 
Board of Governors. 

Military Service 

Sergeant, N.C. National Guard, 1954-62. 

Honors and Awards 

Goldsboro Charter Chapter American Business Women, Boss of the Year, 1978; Jaycee 
Key Man Award; Phi Beta Kappa; Order of Coif; Recipient of Bob Futrelle Good 
Government Award, Wayne County, 1989. 

Personal Information 

Married to Sandra Edgerton Kerr of Goldsboro on December 21, 1960. Two children. 
Member, Madison Avenue Baptist Church. 



463 



NORTH CAROLINA MANUAL 1999-2000 

John Hosea Kerr, III (continued) 

Democrat, Wayne County 

Committee Assignments 

Chair, Finance; Vice-Chair, Ways and Means; Member, Appropriations/Base Budget, 
Appropriations on Human Resources, Children and Human Resources, Commerce, 
Information Technology, Judiciary 11, Select Committee on Tobacco Settlement Issues. 



464 



THE STATE LEGISLATURE 



CHAPTER FIVE 




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 Judge Vernon and Madge Pollock 
Gates. 

Educational Background 

Rochester High School, Rochester, Minnesota, 
1949; B.A. in English and Music, Carleton 
College, 1953; M.M. m Music, UNC-Chapel Hill, 
1973; J. D., N.C. Central University School of Law, 1992. 

Professional Background 

Attorney, N.C. Prisoner Legal Services, Inc. 

Political Activities 

Member, N.C. Senate, 1997-Present; Mayor, Town of Carrboro, 1987-95. 

Organizations 

N.C. Association of Women Attorneys; N.C. Academy of Trial Lawyers; N.C. Bar 
Association; League of Women Voters; NAACP; Sierra Club; Chapel of the Cross 
Social Ministry; Carr Court Community Center; Phi Alpha Delta Law Fraternity. 

Boards and Commissions 

Governor's Advocacy Council on Children and Youth; Environmental Review 
Commission; Summit House; Raleigh Contemporary Gallery of Art; NCCU Law School 
Capitol Campaign. 

Honors and Awards 

1997 Clifton E. Johnson Award for Outstanding Contribution to the Legal Profession, 
North Carolina Central University; Pro Bono Award, N.C. Central University, 1994; 
1991 Outstanding Achievement Award, Sierra Club; Volunteer Award, A Mission in 
Excellence, 1994. 

Personal Information 

Three children. One grandchild. Member, Chapel of the Cross Episcopal Church, 
Chapel Hill. 

Committee Assignments 

Chair, State and Local Government; Vice-Chair, Pensions & Retirement and Aging; 
Member, Agriculture/Environment/Natural Resources, Appropriations/Base Budget, 
Appropriations on General Government, Judiciary II, Rules and Operations of the 
Senate. 



465 




NORTH CAROLINA MANUAL 1999-2000 

Howard N.Lee 

Democrat, Orange County 

SixtcaUh ScmUoyial District: Chatham, Moore, 
Orange and Portions of Lee and Randolph counties 

Early Years 

Born July 28, 1934, in Georgia to Howard and 
Lou Tempie Barnes Lee. 

Educational Background 

B.A. in Sociology, Fort Valley State College, 
Georgia, 1959; M.S.W, UNC-Chapel Hill, 1966. 

Professional Background 

President, Lee Enterprises, Inc., 1985-Present; 
President, Custom Holders, 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, 1990-94 and 1997-Present, Mayor, Town of Chapel Hill, 1969- 

75. 

Organizations 

Eastern N.C. Chapter, National Association of Social Workers; Chapel Hill Rotary 
Club; Chapel Hill Chamber of Commerce; N.C. Division, American Cancer Society, 
1985-Presenl; Occoneechee Council of the Boy Scouts of America, 1977-79. 

Boards and Commissions 

Board of Directors, Durham-Chapel Hill Centura Bank; Board oi Directors and 
Executive Committee, Southern Regional Education Board; Board ol Directors, 
National Board for Professional Teaching Standards; Board of Directors, Institute ol 
Government Foundation; Board of Visitors, School ol Social Work, UNC-Chapel 
Hill. 

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 
with honorable discharge in 1963. 



466 



THE STATE LEGISLATURE CHAPTER FIVE 



Honors and Awards 

1999 Distinguished Alumnus Award, University of North Carolina at Chapel Hills 
Faculty and Trustees Award; 1999 Distinguished Service Medal, Alumni Association, 
UNC-Chapel Hill; 1999 Razor Walker Award, University of North Carolina- 
Wilmington; 2000 Governors Conservation Achievement Award & Legislator of the 
Year Award, N.C. WildUfe Foundation; 1999 Advocate of the Year, N.C. Chapter, 
National Association of Social Workers. 

Personal 

Married to Lillian Wesley Lee; Three children. Two grandchildren. Member, Olm T 
Binkley Memorial Baptist Church, Chapel Hill. 

Committee Assignments 

Chair, Appropriations on Education/Higher Education, Education/Higher Education; 
Vice-Chair, Commerce, Transportation; Member, Appropriations/Base Budget, 
Finance, Information Technology, Judiciary 11. 



467 



NORTH CAROLINA MANUAL 1999-2000 




Jeanne Hopkins Lucas 

Democrat, Durham County 

Thirteenth Senatorial District: Durham, Granville 
and Portions of Person and Wake counties 

Early Years 

Born in Durham, Durham County, on December 
25, 1935, 10 Robert and Bertha Hohiian Hopkins. 

Educational Background 

Hillside High School, Durham, 1953; B.A., N.C. 
Central University, 1957; M.A., N.C. Central 
University, 1977. 

Professional Background 

Educator; Director (retired), School-Community 

Relations, Durham Public Schools, 1992-93; Director, Personnel/Staff Development, 
Durham City Schools, 1991-92; Director, Stall Development Center, Durham City 
Schools, 1977-91 ; President, N.C. Association ol 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. 

Organizations 

WTVD Advisory Committee on Minority Affairs (Past First Vice-President); Member, 
Durham Alumnae Chapter, Delta Sigma Theta Sorority Inc., (Past President); Life 
Member, Durham Branch, NAACP; Durham City Association of Black Educators (Past 
President); Member, Durham Chapter of Links, Inc., (Past President); Member, Human 
Relations Committee, Greater Durham Chamber of Commerce; Member, Summit 
House; N.C. Association of Classroom Teachers (Past President); Durham City 
Association of Educators (Past President). 

Boards and Commissions 

Executive Board, Durham County Chapter, American National Red Cross; Board of 
Visitors, Duke University Trinity College; National Teacher Examination Study 
Committee, State Board of Education; N.C. State Textbook Commission; Martin Luther 
King Commission. 

Honors and Awards 

2000 Legislative Award, Arc, Inc.; 1995 Jeanne H. Lucas Scholarship Established; 
1995 Citizen of the Year Award, Omega Psi Phi Fraternity; 1992 American Business 
Woman of the Year; Sojourner Truth Award. 



468 



THE STATE LEGISLATURE CHAPTER FIVE 



Personal Infonnation 

Married William "Bill" Lucas on August 2, 1959. Member, Mount Gilead Baptist 
Church. 

Committee Assignments 

Chair, Children and Human Resources; Vice-Chair, Appropriations on General 
Government, Health Care, Ways and Means; Member, Appropriations/Base Budget, 
Education/Higher Education, Judiciary I. 



469 




NORTH CAROLINA MANUAL 1999-2000 

Robert Lafayette Martin 

Democrat, Pitt County 

5i.Y(/i Senatorial District: Portions of 
Edgecombe, Martin, Pitt, Washington and 
Wilson counties 

Early Years 

Born in Bethel, Pill Ce^uniy, on November 8, 1912, 
10 John Wesley and Lena Sessums Marlm. 

Educational Background 

Oxford Orphanage High School; School of 
Eleclricily, Oxford Orphanage. 

Professional Background 

Presideni, Farmers Mulual Fire Insurance 
Associaiion; Farmer; Relired Railroad Otticial. 

Political Activities 

Member, N.C. Senate, 1985-Presenl; Commissioner, Pitt County, 1956-1984; Mayor, 
Town of Bethel, 1951-1956; Commissioner, Town of Bethel, 1949. 

Organizations 

Shriner; 32nd Degree Mason; Kiwanis Club. 

Personal Information 

Married to Sue Cooper Martin on June 29, 1940. Two children. Member, Bethel 
Missionary Baptist Church. 

Committee Assignments 

Chair, Appropriations on Natural and Economic Resources; Vice-Chair, Commerce, 
Insurance; Member, Appropriations/Base Budget, Information Technology, Rules and 
Operations of the Senate, Transportation, Ways and Means, Select Committee on 
Tobacco Settlement Issues. 



470 



THE STATE LEGISLATURE 



CHAPTER FIVE 




William 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. m 
Economics, N.C. A&rT 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 directors, 1983-Present); Board Member, Southeast 
Greensboro Youth Development Council, 1986). 

Boards and Commissions 

City of Greensboro Housing Commission, 1979-82; N.C. Historic Sites Advisory 
Committee, 1985-86; UNC Pubhc 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. 



471 



NORTH CAROLINA MANUAL 1999-2000 

William Nelson Martin (continued) 

Democrat, Guilford County 

Personal Information 

Married, Patricia Yancey Martin. Two children. Member, Providence Baptist Church, 
Greensboro. 

Committee Assignments 

Chair, Appropriations on Human Resources; Vice-Chau", Children and Human 
Resources, Health Care; Member, Agriculture/Environment/Natural Resources, 
Appropriations/Base Budget, Education/Higher Education, Judiciary 11, Select 
Committee on Tobacco Settlement Issues. 



472 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Stephen Michael Metcalf 

Democrat, Buncombe 

Twenty-eighth Senatorial District: Buncombe, 
Burke, Madison, McDowell and Yancey counties 

Early Years 

Born in Asheville, Buncombe County, to Edgar 
Byrd and Louella Crowder Metcalf. 

Educational Background 

Enka High School, Enka, N.C., 1968; Bachelor 
of Arts, Appalachian State University, 1973; 
Masters in Public Administration, University of 
Tennessee-Knoxville, 1984. 

Professional Background 

Real Estate Broker, Gatewood Real Estate. 

Political Activities 

Member, N.C. Senate, 1998-Present. 

Organizations 

National Kidney Foundation of North Carolina. 

Boards and Commissions 

Chair, N.C. Infrastructure Council; Board of Trustees, Asheville-Buncombe Technical 
Community College; Board of Directors, N.C. Rural Economic Development Center; 
N.C. Progress Board; N.C. Film Council. 

Military Service 

E-4, 86''' Combat Support Hospital, U.S. Army 1976-78. 

Personal Information 

Married to Donna Ball Metcalf. One child. Baptist. 

Committee Assignments 

Vice-Chair, Health Care; Member, Appropriations on Information Technology, 
Appropriations on Natural and Economic Resources, Appropriations/Base Budget, 
Commerce, Finance, Insurance, Judiciary 1, Rules and Operations of the Senate, Select 
Committee on Tobacco Settlement Issues. 



473 



NORTH CAROLINA MANUAL 1999-2000 




Brad Miller 

Democrat, Wake County 

Fourteenth Senatorial District: Portions of 
Johnston and Wake counties 

Early Years 

Bom in FayetteviUe on May 19, 1953, to Nathan 
David Miller and Martha Hale Miller. 

Education 

Terry Sanford High School, FayetteviUe, 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 at law. 

Political Activities 

Member, N.C. Senate, 1997-Present; Member, N.C. House, 1993-94. 

Organizations 

N.C. Bar Association; N.C. Academy of Trial Lawyers; Wake County Bar Association. 

Personal Information 

Married Esther Hall, December 19, 1981. Member, Church of the Good Shepherd 
Episcopal. 

Committee Assignments 

Chair, Judiciary 11; Vice-Chair, State and Local Government; Member, Appropriations 
on Department of Transportation, Finance, Health Care, Insurance. 



474 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Kenneth Ray Moore 

Republican, Caldwell County 

Twenty -Seventh Senatorial District: Alexander, 
Avery, Caldwell, Mitchell, Wilkes, Yadhin and 
Portions of Burke counties 

Early Years 

Born July 17, 1948, in Lenoir, Caldwell County, 
10 S. Ray and Ruth Clay Moore. 

Educational Background 

Gamewell/Collettsville 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. 

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, One child. Member, 
First United Methodist Church, Lenoir. 

Committee Assignments 

Ranking Minority Member, Pensions & Retirement and Aging; Member, 
Appropriations on Information Technology, Children and Human Resources, 
Commerce, Finance, Health Care, Judiciary 11. 



475 



NORTH CAROLINA MANUAL 1999-2000 




Thomas LaFontaineOdom,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^957; B.A., UNC-Chapel Hill, 
1960; L.L.B./J.D., School of Law, UNC-Chapel 
Hill, 1962. 

Professional Background 

Attorney, of counsel to the Odom Firm, L.L.C.; 

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 Law)'ers; 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, Carolmas HealthCare Systems, 1987-Present; Board ol 
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 

2000 Spirit Award, Mint Museum of Art; American Red Cross Certihcate of Merit; 
Presidential Citation; National Association of County Commissioners National Award 
of Merit, 1986; Legislator of the Year, N.C. Wildlife Federation, 1996. 

Personal Information 

Married Jane Lowe Odom (deceased) of Charlotte on August 27, 1960. Four children. 
Member, Pleasant Hill Presbyterian Church. 

Committee Assignments 

Chair, Appropriations/Base Budget; Vice-Chair, Judiciary 11; Member, Agriculture/ 
Environment/Natural Resources, Pensions & Retirement and Aging, Transportation; 
Ways and Means. 



476 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Beverly Eaves Perdue 

Democrat, Craven County 

Third Senatorial District: Craven, Pamlico and 
Portions oj Carteret counties 

Early Years 

Born m Grundy, Virginia, to Alfred R 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 Elorida, 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-Rresent; Member, N.C. House of Representatives, 1987- 
90. 

Organizations 

Chamber of Commerce; Committee of 100; Historical Society; Arts Council; Chair, 
A. B.C. Board; Member, NationsBank Regional Board; Member, N.C. United Way Board; 
N.C. Tourism Council; N.C. Health Policy Task Force. 

Boards and Commissions 

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; Chair, State 
Ports Study Commission. 

Personal Information 

Two children. Member, Christ Episcopal Church. 

Committee Assignments 

Chair, Appropriations/Base Budget; Vice-Chair, Select Committee on Tobacco 
Settlement Issues; Member, Agriculture/Environment/Natural Resources, Education/ 
Higher Education, Finance, Heakh Care, Ways and Means. 



477 




NORTH CAROLINA MANUAL 1999-2000 

Jimmie Watkins Phillips 

Democrat, Davidson County 

Twenty-Third Senatorial District: Portions of 
Davidson, Iredell and Rowan counties 

Early Years 

Born July 21, 1931, in Tarboro, Edgecombe 
County, lo 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. 

Organizations 

Kiwanis Club; Davidson Medical Ministry 

Boards and Commissions 

North Carolina Mental Health Council, 1995-96. 

Military Service 

S/Sgt., U.S. Marine Corps, 1951-54, Korean Theater. 

Personal Information 

Married Carolyn Winberry Phillips of Statesville on May 19, 1956; Three children. 
Five grandchildren. Member, First Baptist Church ot Lexington. 

Committee Appointments 

Chair, Pensions *Sr Retirement and Aging; Vice-Chair, Health Care; Member, 
Agriculture/Environment/Natural Resources, Appropriations/Base Budget, 
Appropriations on Human Resources, Children and Human Resources, Finance. 



478 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Aaron Wesley Plyler 

Democrat, Union County 

Seventeenth Senatorial District: Anson, 
Montgomery, Richmond, Scotland, Union and 
Portions of Hoke and Stanly counties 

Early Years 

Born in Monroe, Union County, October 1 , 1926, 
to Isom Franklin and Ida Foard Plyler. 

Educational Background 

Attended Benton Heights School, Monroe, N.C.; 
Florida Military Academy. 

Professional Background 

President and Owner, Plyler Paving and Grading, 
Inc. 

Political Activities 

Member, N.C. Senate, 1982-Present; Member, N.C. House, 1974-82. 

Organizations 

Member and Past President, Wmgate 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; Yadkin-Pee Dee River Basin, Mecklenburg-Union 
County United Way; Board of Advisors, UNC-Charlotte; Chair Advisory Budget 
Commission. 

Honors and Awards 

1993 600 Award, Charlotte Motor Speedway; 1993 Outstanding Recognition, 
American Cancer Society; 1994 Honorary Doctorate of Humanities, Pfeiffer College; 

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. Five children. Member, Benton 
Heights Presbyterian Church. 

Committee Assignments 

Chair, Appropriations/Base Budget; Member, Commerce, Pensions & Retirement and 
Aging, Rules and Operation of the Senate, Transportation, Ways and Means. 



479 



NORTH CAROLINA MANUAL 1999-2000 




William Robert Purcell, MD 

Democrat, Scotland County 

Scvcniccnlh Senatorial District: Anson, Mont- 
gomery, Richmond, Scotland, Union and Por- 
tions of Hoke cmd Stanly counties 

Early Years 

Born February 12, 1931, in Laurinburgto Charles 
Augustus Purcell and Anna Meta Buchanan 
Purcell. 

Educational Background 

Laurmburg High School, 1949; B.S. m 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. 

Professional Background 

Pediatrician, 1961-97 (retired). 

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 Stall; Consulting Associate, 
Department of Pediatrics, Duke University Medical Center, 1996-97; Adjunct Clinical 
Assistant Professor o'l Pediatrics, UNC School of Medicine, UNC-Chapel Hill, 1996- 
97; President, Laurinburg Rotary Club, 1973-1974; Co-Chair, Scotland County School 
Bond Referendum Committee, 1973-74; President, Laurinburg-Scotland County Area 
Chamber of Commerce, 1977. 

Boards and Commissions 

Member, Board of Trustees, St. Andrews Presbyterian College, 1999-Present; Member 
and Past Chair, Scotland County Board of Health, 1972-81; Member, Richmond 
County College Foundation Board ot Directors, 1994-Present; Member, Board of 
Trustees, Scotia Village Retirement Home, 1996-98; Member, Laurmburg-Maxlon 
Airport Commission, 1973-74. 

Honors and Awards 

1999 N.C. Perinatal Association Association Award; 1999 Luther (Nick) Ceralds 
Award; 1999 Humanitarian Award, Scotland County NAACP; David Tayloe, Sr., Award 
in Community Pediatrics, N.C. Chapter, American Academy of Pediatrics and N.C. 
Pediatric Society, 1995; Distinguished Service Award, UNC School of Medicine, UNC- 
Chapel Hill, 1998. 



480 



THE STATE LEGISLATURE CHAPTER FIVE 



Military Service 

Captain, 57th Field Hospital, U.S. Army Medical Corps, France, 1957-59; Reserves, 
1959-61. 

Personal Information 

Married to Jane G. McKeithan Purcell (deceased) on August 5, 1955; Four children. 
Member, Laurinburg Presbyterian Church. 

Committee Assignments 

Chair, Health Care; Vice-Chair, Children and Human Resources; Member, 
Appropriations/Base Budget, Appropriations on Human Resources, Commerce, 
Education/Higher Education, Finance, Select Committee on Tobacco Setdement Issues. 



481 



NORTH CAROLINA MANUAL 1999-2000 




Anthony E. Rand 

Democrat, Cumberland County 

Twcuty-Foiiith Senatorial District: Portions oj 
Cumberland Count)/ 

Early Years 

Born in Panther Branch Township, Wake Count); 
on September 1, 1939, to Walter Rand, Jr., and 
Geneva Yeargan Rand. 

Educational Background 

Garner High School 1957; B.A, m Political 
Science, University of North Carolina, 1961 ; J. D., 
University of North Carolina School of Law, UNC- 
ChapelHill, 1964. 

Professional Background 

Consultant, Prime Medical Services, Inc.; President, MedTech Investments, Inc.; 
President, Rand & Gregory, PA. 

Political Activities 

Member, N.C. Senate, 1981-88 and 1994-Present. 

Organizcitions 

The Arts Council of Fayctteville/Cumberland County; Kiwanis; Fayetteville Area 
Chamber of Commerce; Chairman, Fayetteville State University Foundation, Inc.; 
N.C. Bar Association; American Bar Association; National Health Lawyers Association. 

Boards and Commissions 

Treasurer, Board of Directors, General Alumni Association of the University of North 
Carolina; Board of Directors, Fayetteville State University Foundation and Fayetteville 
Technical Community College Foundation; Legislative Advisory Committee, N.C. 
Bar Association; Local Board of Directors, First Citizens Bank and Trust Company; 
Board of Advisors, N.C. Academy of Physician Assistants. 

Personal Information 

Married to Karen Skarda Rand of Downers Grove, Illinois, on May 30, 1981. Two 
children. Member, St. Johns Episcopal Church, Fayetteville. 

Committee Assignments 

Chair, Rules and Operations of the Senate; Vice-Chair, Appropriations/Base Budget, 
Information Technology; Member, Appropriations on Justice and Public Safety, 
Commerce, Finance, Insurance, Judiciary 1, Transportation, Select Committee on 
Tobacco Settlement Issues. 



482 



THE STATE LEGISLATURE 



CHAPTER FIVE 




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. 

Organizations 

Advisory Panel, Z. Smith Reynolds Foundation. 

Boards and Commissions 

N.C. Capital Planning Commission; Governor's Crime Commission. 

Honors and Awards 

1999 Distinguished Leader of the Year, Leadership Raleigh, Raleigh Chamber of 
Commerce; 1999 Public Leadership in Technology Award, NCEITA; 1999 Human 
Service Award, Garner Road YMCA; 1999 Chiropractic Honor Roll Award. 

Personal 

Married to Mary Morgan Reeves of Lillington on March 4, 1989. One child. First 
Baptist Church. 

Committee Assignments 

Chair, Appropriations on Information Technology, Information Technology; Vice- 
Chair, Insurance; Member, Appropriations/Base Budget, Appropriations on Natural 
and Economic Resources, Commerce, Finance. 



483 




NORTH CAROLINA MANUAL 1999-2000 

l\/lcDanier'Dan"Robinson 

Democrat, Jackson County 

Twenty-ninth Senatorial District: Portions of 
Haywood, Henderson, Jackson, Macon, Swain 
and Transylvania counties 

Early Years 

Born in Marion, McDowell Couniy, to W.L. and 
Bertha Lee Jarrett Robinson. 

Educational Background 

Marion High School, 1943; B.S. in Education, 
Western Carolina University, 1950; M.A. in 
Administration, George Peabody University, 1951. 

Professional Background 

Retired. 

Political Activities 

Member, N.C. Senate, 1998-Present; Past Chair, Jackson County Board of County 
Commissioners. 

Organizations 

State Employees Association ot North Carolina; Past Member, Western North Carolina 
Tomorrow. 

Boards and Commissions 

N.C. Wildlite Resources Commission; N.C. Natural Heritage. 

Military Service 

2"'' Class Petty Officer, United States Na\y; U' Lieutenant, U.S. Army Reserves. 

Honors and Awards 

Western Carolina University Athletic Hall of Fame. 

Personal 

Married Jean Williams Robinson. Three children. Three grandchildren. Syh'a First 
Baptist Church. 

Committee Assignments 

Vice-Chair, Agriculture/En\'ironment/Natural Resources; Member, Appropriations on 
Natural and Economic Resources, Appropriations/Base Budget, Education/Higher 
Education, Judiciary II, State and Local Government, Select Committee on Tobacco 
Settlement Issues. 



484 



THE STATE LEGISLATURE 



CHAPTER FIVE 



Robert Anthony Rucho 

Republican, Mecklenburg County 

Thirty-Fifth Senatorial District: Portions of 
Mecklenburg County 

Early Years 

Born Dec. 8, 1948, in Worcester, Massachusetts, 
to Thomas and Ernestine Tanca Rucho. 

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 Board. 

Personal Information 

Married Theresa Fritscher Rucho of New Orleans, Louisiana, on May 8, 1993. Two 
children. Member, Holy Trinity Greek Orthodox Cathedral. 

Committee Assignments 

Member, Appropriations on Department of Transportation, Commerce, Education/ 
Higher Education, Finance, Rules and Operations of the Senate, Transportation. 




485 




NORTH CAROLINA MANUAL 1999-2000 

Larry Shaw 

Democrat, Cumberland County 

Forty-First Senatorial District: Portions of 
Cumberland County 

Early Years 

Born July 15, 1949, in High Point, Guilford 
County, 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 

President and Chairman, Shavv^ Food Services 
Company, Inc. 

Political Activities 

Member, N.C. Senate, 1997-Present; Member, N.C. House, 1995-96. 

Organizations 

American Association of Minority Contractors; N.C. Association ot Minority 
Businesses; National Business League, Fayette\alle Chapter; Chair, Elizabeth City State 
University Foundation; Fayetteville Chamber of Commerce; Minority Business 
National League Defense Fund. 

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 
oi Trustees, N.C. Museum oi Art. 

Honors and Awards 

Honorary Doctor of Human Letters, Rock Hill College, 1984; Larry and Evelyn Shaw 
Day declared in North Carolina by Gov. Hunt; Order of the Long Leaf Pine; Leadership 
Award, Fayetteville State University, 1989-93; Award, Fayetteville Business and 
Professional League. 

Personal Information 

Married to Evelyn Oliver Shaw of Selma, Alabama, on December 15, 1973; Two 
children. 

Committee Assignments 

Chair, Transportation; Vice-Chair, Information Technology, Pensions & Retirement 
and Aging; Member, Appropriations/Base Budget, Appropriations on Human 
Resources, Commerce, Finance. 



486 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Robert G.Shaw 

Republican, Guilford County 

Nineteenth Senatorial District: Portions of 
Davidson, Guilford and Randolph counties 

Early Years 

Born 111 Erwin, Harnett County, November 22, 
1924, to R.G.B. and Annie Byrd Shaw. 

Educational Background 

Campbell College; UNC-Chapel Hill. 

Professional Background 

Restaurateur. 

Political Activities 

Member, N.C. Senate, 1985-Present; County 
Commissioner, Guilford County, 1968-76 (former Chair). 

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. 

Military Service 

U.S. Army Air Corps, 1943-46. 

Personal Infoimation 

Married to Linda Owens Shaw of Jamestown in 1981. Two children. Six grandchildren. 
Member, Presbyterian Church, Greensboro. 

Committee Assignments 

Vice-Chair, Finance; Rankmg Mmority Member, Judiciary 11; Member, Commerce, 
Pensions & Retirement and Aging, Transportation. 



487 



NORTH CAROLINA MANUAL 1999-2000 




Robert Charles Soles, Jr. 

Democrat, Columbus County 

Eighteenth Senatorial Distiiet: Brunswick, 
Columbus and Portions oj 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, 1952; B.S. in Science 
and English, Wake Forest University, 1956; J. D., 
UNC-Chapel Hill, 1959. 

Professional Background 

Attorney, Soles, Phipps, Ray, Prince & Williford. 

Political Activities 

Member, N.C. Senate, 1977-Present. N.C. House of Representatives, 1969-77. 

Organizations 

American and N.C. Bar Associations; American Trial Lawyers Association; N.C. 
Association of County Attorneys; Phi Alpha Delta; Rotary Club (former President). 

Boards and Commissions 

President, Southeastern Community College Foundation; Southern Growth Policies 
Board; Trustee, UNC-Wilmmgton; Former Trustee of the Consolidated University of 
N.C. Medical Malpractice Study Commission; Former Member, Governors Crime 
Commission. 

Military Service 

Captain, U.S. Army Reserve, 1957-67. 

Personal Information 

Member, Tabor City Baptist Church. 

Committee Assignments 

Chair, Commerce; Vice-Chair, Finance, Insurance, judiciary I; Member, Rules and 
Operations of the Senate, State and Local Government, Select Committee on Tobacco 
Settlement Issues. 



488 



THE STATE LEGISLATURE 



CHAPTER FIVE 




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 

Stokes High School; A. A., Campbell University; 
A.B. in Science, Barton College; M.A. m 
Administration, East Carolina University; 
Doctoral Program, Duke University. 

Professional Background 

Investor; Real Estate, Warren and Associates. 

Political Activities 

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); Board of Directors, Greenville Country 
Club; Board of Directors, Greenville Chamber of Commerce; United Fund (Past 
President); Trustee, Salvation Army; Former Chair, Pitt County Heart Association; 
East Carolina University Chancellors Society; Honorary Member, Board of Trustees, 
Pitt County Memorial Hospital; Chair, N.C. Heart Disease and Stroke Task Force. 

Boards and Commissions 

Former Chair, Pitt County Health Board; Pitt County Airport Authority; Board of 
Directors, Branch Banking & Trust Company; Advisory Budget Commission. 

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; Named and Dedicated Life Sciences Building at East 
Carolina. 



489 



NORTH CAROLINA MANUAL 1999-2000 

Ed Nelson Warren (continued) 

Democrat, Pitt County 

Personal Information 

Married, Joan Braswell Warren. K4ember, First Christian Church. 

Committee Assignments 

Chair, Appropriations on General Government; Vice-Chair, Commerce, Select 
Committee on Tobacco Settlement Issues, Education/Higher Education; Member, 
Appropriations/Base Budget, Children and Human Resources, Health Care, Ways 
and Means. 



490 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Hugh B.Webster 

Republican, Caswell County 

Twenty-First Senatorial District: Alamance, 
Caswell and Portions of Person counties 

Early Years 

Born 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, N.C. Senate, 1995-Present. 

Organizations 

AICPA; NATP; Ruritan (Past President); Leasburg Volunteer Fire Department (Past 
President). 

Personal Information 

Married to Patricia Ramey Webster of Topnot, N.C, on August 12, 1967. Tvv'o children. 

Committee Assignments 

Ranking Minority Member, State and Local Government; Member, Agriculture/ 
Environment/Natural Resources, Finance, Insurance, Ways and Means. 



491 



NORTH CAROLINA MANUAL 1999-2000 




David Franklin Weinstein 

Democrat, Robeson County 

Thirtieth Senatorial District: Robeson and 
Portions of Bladen, Cumberland, Hoke and 
Sampson counties 

Early Years 

Born in Charlotte, Mecklenburg County, June 17, 
1936, to Max M. and Evelyn Lebo Weinstein. 

Educational Background 

Lumberton Senior High School, Lumberton, 
1954; Agronomy N.C. State University 1958; 
Business, University of Alabama, 1959. 

Professional Background 

Retired. 

Political Activities 

Member, N.C. Senate, 1997-Present; Mayor, City of Lumberton, 1987-91. 

Organizations 

Rotary Club; Masonic Lodge; Shrine Club. 

Boards and Commissions 

Local Board, First Union National Bank, 1990-Present. 

Military Service 

Captain, 108th Infantry Division, U.S. Army 1959-60; Reserves, 1960-66. 

Personal Information 

Married to Karen Kulbersh Weinstein of Columbus, Georgia, on October 16, 1960. 
Two children. Two grandchildren. Jewish. 

Committee Assignments 

Chair, Select Committee on Tobacco Settlement Issues; Vice-Chair, Appropriations 
on Natural and Economic Resources, Finance; Member, Agriculture/Environment/ 
Natural Resources, Appropriations/Base Budget, Health Care, Pensions & Retirement 
and Aging, Ways and Means. 



492 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Allen Hewitt 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, Johnston 
County, to Elmer J., Jr., and Ruth Sanders Rose 
Wellons. 

Educational Background 

Smithheld High School, 1967; B.A. in Political 
Science, UNC-Chapel Hill, 1971; J.D., N.C. 
Central University, 1975. 

Professional Background 

Attorney/Farm Manager, Wilkins & Wellons. 

Political Activities 

Member, N.C. Senate, 1996-Present. 

Organizations 

N.C. Bar Association; Smithfield-Selma Chamber of Commerce; Greater Triangle 
Regional Leadership Council; Member, Board of Directors, Johnston County Habitat 
for Humanity; Former Scoutmaster, Troop 22; Co-Chair, Johnston County YMCA; 
Partners in Education, Johnston County. 

Boards and Commissions 

State Personnel Commission; Member, Board of Directors, Children's Hospital, UNC- 
Chapel Hill; Former Member, Board of Directors, Food Bank of N.C. 

Honors and Awards 

1987 Tree Farmer of the Year. 

Personal Information 

Married to Elizabeth Hobgood Wellons of Smithfield on December 29, 1971. Three 
children. Member, St. Pauls Episcopal Church. 

Committee Assignments 

Chair, Insurance; Vice-Chair, Agriculture/Environment/Natural Resources, Select 
Committee on Tobacco Settlement Issues; Member, Appropriations/Base Budget, 
Appropriations on Education/Higher Education, Children and Human Resources, 
Finance, Information Technology, Judiciary 1. 



493 



NORTH CAROLINA MANUAL 1999-2000 

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-Presenf, 
Super\dsor of Senate Clerks, 1988-96; Committee 
Clerk, 1981-88; Personnel Analyst, Social Semces 
Dmsion, Department of Human Resources, 1966- 
73. 

Organizations 

American Society ol Legislative Clerks and Secretaries; Former Member, Business 
and Professional Women. 

Personal Information 

Two children. Member, Holy Trinity Lutheran Church. 




494 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Cecil R.Goins 

Sergeant at Arms, N.C. Senate 

Early Years 

Born in Southern Pines in 1926, to T. R. Coins 
and Marie Barrett Goins. 

Educational Background 

West Southern 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; Pohtical 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 

Fnlisted, 2 years, Far East and Japan; M/Sgt., Europe & Germany; Five years active 
duty, 10 years reserve duty (Major). 

Personal Information 

Married, La Verne C. Goins, August 29, 1951. Two children. Member, First Baptist 
Church. 



495 



NORTH CAROLINA MANUAL 1999-2000 



Sally Glenn Bates 

Chaplain, N.C. Senate 

Early Years 

Born in Orange, New Jersey, to Wilfred C, Jr., 
and Barbara Jane McChesney Bales. 

Educational Background 

Manasquan High School, Manasquan, N.J., 1968; 
B.A. in Theatre Aris, Mary Washington College, 
1973; Master oi Arts in Theatre Arts, University 
of North Carolina at Chapel Hill, 1978; Masters 
of Divinity, Duke Divinity School, 1995. 

Professional Background 

Associate Pastor, Hayes Barton United Methodist 
Church. 

Political Activities 

Chaplain, N.C. Senate, 1999-Present. 

Organizations 

Ordained Elder, N.C. Conference of the United Methodist Church; Methodist Home 
for Children; Capital Area Chorale; Heart of Carolina Emmaus Community; United 
Methodist Volunteers m Mission; Raleigh Board oi Missions; Urban Ministries of 
Raleigh (Chaplain tor the Open Door Clinic). 

Personal Information 

United Methodist 




496 



THE STATE LEGISLATURE CHAPTER FIVE 

1 999-2000 N.C. Senate Committees 

AgricMlture/En\ironinent/Natural Resources 

Chair: Albertson 

Vice-Chairs: Gulley, Horton, Robinson, Wellons 

Ranking Minority Member: Cochrane 

Members: Clodfelter, East, Garrou, Garwood, Hagan, Harris, Hartsell, Kinnaird, William 
Martin, Odom, Perdue, Phillips, Webster, Weinstein 

Appropriations/Base Budget 

Co-Chairs: Odom, Perdue, Plyler 

Vice-Chairs: Allran, Cochrane, Forrester, Rand 

Members: Albertson, Ballance, Carpenter, Carrington, Carter, Clodfelter, Dalton, Dannelly, 
East, Eoxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, 
Kerr, Kinnaird, Lee, Lucas, Robert Martin, William Martin, Metcalf, Phillips, Purcell, 
Reeves, Robinson, Larry Shaw, Warren, Weinstein, Wellons 

Appropriations on Department of Transportation 

Chair: Gulley 

Vice-Chair: Albertson 

Ranking Minonty Member: Carpenter 

Members: Clodfelter, Hoyle, Miller, Rucho 

Appropriations on Education/Higher Education 

Co-Chairs: Dalton, Lee 

Vice-Chair: Carter 

Ranking Minority Member: Hartsell 

Members: Garrou, Garwood, Hagan, Wellons 

Appropriations on General Go\emment 

Chair: Warren 

Vice-Chair: Lucas 

Ranking Minonty Member: Foxx 

Members: Allran, Harris, Kinnaird 



497 



NORTH CAROLINA MANUAL 1999-2000 

Appropriations on Human Resources 

Chair: William Martin 

Vice-Chair: Dannelly 

Ranking Minority Member: Forrester 

Members: Kerr, Phillips, Purcell, Lany Shaw 

Appropriations on Information Technology 

Chair: Reeves 

Vice-Chair: Garrou 

Ranking Minonty Member: Foxx 

Members: Clodfelter, Metcalf, Moore 

Appropriations on Justice and Public Safety 

Chair: Jordan 

Vice-Chair: Ballance 

Ranking Minonty Member: East 

Members: Canington, Rand 

Appropriations on Natural and Economic Resources 

Chair: Robert Martin 

Vice-Chair: Weinstem 

Ranking Minority Member: Cochrane 

Members: Horton, Metcall, Reex'es, Robinson 

Children and Human Resources 

Chair: Lucas 

Vice-Chairs: Dannelly, William Martin, Purcell 

Ranking Minority Member: Forrester 

Members: Allran, Cochrane, East, Foxx, Garrou, Hagan, Kerr, Moore, Phillips, Warren, 
Wellons 

Commerce 

Chair: Soles 

Vice-Chairs: Cochrane, Hoyle, Lee, Robert Martin, Warren 

Ranking Minority Member: Ballantine 

Members: Ballance, Carpenter, Carrington, Carter, Dalton, Forrester, Foxx, Jordan, Kerr, 
Metcalf, Moore, Plyler, Purcell, Rand, Reeves, Rucho, b^rry Shaw, Robert Shaw 

498 



THE STATE LEGISLATURE CHAPTER FIVE 

Education/Higher Education 

Co-Chairs: Dalton, Lee 

Vice-Chairs: Dannelly, Hartsell, Hoyle, Warren 

Ranking Minority Member: Allran 

Members: Carter, Cochrane, Cooper, Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, 
Horton, Lucas, WiUiam Martin, Perdue, Purcell, Robinson, Rucho 

Finance 

Co-Chairs: Hoyle and Kerr 

Vice-Chairs: Cooper, Robert Shaw, Soles, Vvfeinstein 

Ranking Minonty Member: Allran 

Members: Albertson, Ballantine, Clodfelter, Cochrane, Dalton, Dannelly, Foxx, Gulley, 
Harris, Haitsell, Lee, Metcalf, Miller, Moore, Perdue, Phillips, Purcell, Rand, Reeves, 
Rucho, Larry Shaw, Webster, Wellons 

Health Care 

Chair: Purcell 

Vice-Chairs: Lucas, William Martin, Metcalf, Phillips 

Members: Cooper, Dannelly, Forrester, Garwood, Hagan, Hartsell, Miller, Moore, Perdue, 
Warren, Weinstein 

Information Technology 

Chair: Reeves 

Vice-Chairs: Garrou, Rand, Larry Shaw 

Ranking Minority Member: Horton 

Members: Carrington, Carter, Clodfelter, Cochrane, Foxx, Gulley, Harris, Hoyle, Jordan, 
Kerr, Lee, Robert Martin, Wellons 

Insurance 

Chair: Wellons 

Vice-Chair: Harris, Robert Martin, Reeves, Soles 

Ranking Minority Member: Carrington 

Members: Ballance, Ballantine, East, Metcalf, Miller, Rand, Webster 



499 



NORTH CAROLINA MANUAL 1999-2000 

Judiciary I 

Chair: Cooper 

Vice-Chairs: Clodleller, Harisell, Soles 

Ranking Mmorii)' Member: Carpenier 

Members: Albertson, Allran, Ballanime, Carrington, Carter, Gulley, Hoyle, Lucas, Melcalf, 
Rand, Wellons 

Judiciary II 

Chair: Miller 

Vice-Chairs: Ballance, Dallon, Haean, Oclom 

Ranking Minorii)' Member: Robert Shaw 

Members: Forrester, Horton, Kerr, Kinnaird, Lee, William Martin, Moore, Robinson 

Pensions & Retirement and Aging 

Chair: Phillips 

Vice-Chairs: Kinnaird, Liny Shaw 
Ranking Minority Member: Moore 
Members: Albertson, Carpenter, Clodfelter, Jordan, Odom, Plyler, Robert Shaw, Wemstein 

Rules and Operations of the Senate 

Chair: Rand 

Vice-Chairs: Carrington, Cooper, Gulley 

Ranking Minonty Member: Forrester 

Members: Albertson, Dalton, Horton, Hoyle, Jordan, Kinnaird, Robert Martin, Metcalf, 
Plyler, Rucho, Soles 

State and Local Government 

Chair: Kinnaird 

Vice-Chairs: Dalton, Jordan, Miller 

Ranking Minority Member: Webster 

Members: Albertson, Ballance, Clodfelter, Garwood, Horton, Robinson, Soles 



500 



THE STATE LEGISLATURE CHAPTER FIVE 

Transportation 

Chair: Larr)' Shaw 

Vice-Chairs: Carpenter, Gulley, Lee 

Ranking Minority Member: Gai"wood 

Members: Carrington, Carter, Harris, Hartsell, Hoyle, Robert Martin, Odom, Plyler, Rand, 
Rucho, Robert Shaw 

Ways and Means 

Chair: Dannelly 

Vice-Chairs: Ken; Lucas 

Ranking Minority Member: Allran 

Members: Ballance, Ballantine, Carrington, East, Hoyle, Robert Martin, Odom, Perdue, 
Plyler, Warren, Webster, Weinstein 

Select Committee on Tobacco Settlement Issues 

Chair: Weinstein 

Vice-Chairs: Albertson, Perdue, Warren, Wellons 

Ranking Minority Member: Hartsell 

Members: Ballance, Carter, Cochrane, Dannelly, East, Forrester, Garrou, Gulley, Harris, 
Horton, Kerr, Robert Martin, William Martin, Metcalf, Purcell, Rand, Robinson, Soles 



501 



NORTH CAROLINA MANUAL 1999-2000 



1 999 N.C. House of Representatives 



Officers 

Speaker 

Special Assistant lo ihe Speaker 

Speaker Pro Tempore 

Majority Leader 

Minority Leader 

Majority Whips 

Minority Whip 

Principal Clerk 

Reading Clerk 

Sergeant at Arms 

Representatixes 

Name 

Adams, Alma S. (D) 
Alexander, Martha B. (D) 
Allen, Gordon P (D) 
AUred, Cary D. CR) 
Arnold, Gene G. (R) 
Baddour, Philip A.,Jr. (D) 
Baker, Rex L. (R) 
Barbee, Bobby H., Sr. (R) 
Barefoot, Daniel W (D) 
Berry, Cherie Killian (R) 
Black, James B. (D) 
Blue, Daniel T., Jr. (D) 
Bonner, Donald A. (D) 
Bowie, Joanne W (R) 
Boyd-Mclntyre, Flossie (D) 
Braswell, Jeriy (D) (Resigned) 
Bridgeman, John D. (D) 
Brown, John W {R) 
Brubaker, Harold J. (R) 
Buchanan, Charles ¥. (R) 
Cansler, Lanier M. (R) 
Capps, J. Russell (R) 
Carpenter, James C. (R) (Resigned) 
Church, Walter G.,Sr. (D) 
Clary, Debbie A. (R) 
Cole, Edward N. (D) 
Cox, A. Leslie, Jr. (D) 

502 



James B. Black 

W Pete Cunningham 

Joe Hackney 

Philip Baddour 

Richard T. Morgan 

Andrew T. Dedmon, Beverly Earle 

Julia Howard 

Denise Weeks 

Robert R. Samuels 



District 


County 


Address 


26th 


Guilford 


Greensboro 


56th 


Mecklenburg 


Charlotte 


22nd 


Person 


Roxboro 


25th 


Alamance 


Burlington 


72nd 


Nash 


Rocky Mount 


11th 


Wayne 


Goldsboro 


40th 


Stokes 


King 


82nd 


Stanly 


Locust 


44th 


Lincoln 


Lincolnton 


45th 


Catawba 


Newton 


36th 


Mecklenburg 


Matthews 


21st 


Wake 


Raleigh 


87th 


Robeson 


Rowland 


29th 


Guilford 


Greensboro 


28th 


Guilford 


Jamestown 


97th 


Wayne 


Goldsboro 


76th 


Gaston 


Gastonia 


41st 


Wilkes 


Elkm 


38th 


Randolph 


Asheboro 


46th 


Mitchell 


Green Mountain 


51st 


Buncombe 


AsheviUe 


92nd 


Wake 


Raleigh 


53rd 


Macon 


Otto 


47th 


Burke 


Valdese 


48th 


Cleveland 


Cherry\ille 


25th 


Rockingham 


Reidsville 


19th 


Lee 


Sanford 



Representatixes (continued) 

Name 

Crawford, James W, Jr. (D) 

Creech, Billy J. (R) 

Culp, Arlie E (R) 

Culpepper, William T, III (D) 

Cunmngham, W Pete (D) 

Daughtry, N. Leo (R) 

Davis, Donald Spencer (R) 

Decker, Michael R (R) 

Dedmon, Andrew Thomas (D) 

Dockham, Jerry C. (R) 

Earle, Beverly M. (D) 

Easterling, Ruth M. (D) 

Eddms, Rick L. (R) 

Edwards, Zeno L., Jr. (D) 

Ellis, James Samuel (R) 

Esposito, Theresa H. (R) 

Eitch, Milton E, Jr. (D) 

Eord, Jimmie E. (D) 

Eox, Stanley H. (D) 

Gardner, Charlotte A. (R) 

Gibson, Pryor A., Ill (D) 

Gillespie, Mitch (R) 

Goodwin, George Wayne (D) 

Grady W Robert (R) 

Gray, Lyons (R) 

Gulley Jim (R) 

Hackney, Joe (D) 

Haire, R. Phillip (D) 

Hall, John D. (D) 

Hardaway Thomas C. (DXResigned) 

Hensley, Robert J., Jr. (D) 

Hiatt, William S. (R) 

Hill, Dewey L. (D) 

Holmes, George M. (R) 

Horn, W James (D) 

Howard, Julia C. (R) 

Hunter, Howard J., Jr. (D) 

Hurley John W (D) 

Insko, Verla C. (D) 



THE STATE LEGISLATURE CHAPTER FIVE 


District 


County 


Address 


22nd 


Granville 


Oxford 


20th 


Johnston 


Clayton 


30th 


Randolph 


Ramseur 


86th 


Chowan 


Edenton 


59th 


Mecklenburg 


Charlotte 


95th 


Johnston 


Smithheld 


19th 


Harnett 


Erv^an 


84th 


Forsyth 


Walkertown 


48th 


Cleveland 


Earl 


94th 


Davidson 


Denton 


60th 


Mecklenburg 


Charlotte 


58th 


Mecklenburg 


Charlotte 


65th 


Wake 


Raleigh 


2nd 


Beaufort 


Washington 


15th 


Wake 


Raleigh 


88th 


Eorsyth 


Winston-Salem 


70th 


Wilson 


Wilson 


97th 


Wayne 


Goldsboro 


78th 


Granville 


Oxford 


35th 


Rowan 


Salisbury 


33rd 


Montgomery 


Troy 


49th 


McDowell 


Marion 


32nd 


Richmond 


Rockingham 


80th 


Onslow 


Jacksonville 


39th 


Eorsyth 


Winston-Salem 


69th 


Mecklenburg 


Matthews 


24th 


Orange 


Chapel Hill 


52nd 


Jackson 


Sylva 


7th 


Halifax 


Scotland Neck 


7th 


Halifax 


Enfield 


64th 


Wake 


Raleigh 


40th 


Surry 


Mount Airy 


14th 


Columbus 


Whiteville 


41st 


Yadkin 


Hamptonville 


48th 


Cleveland 


Shelby 


74th 


Davie 


Mocksville 


5th 


Northampton 


Murfreesboro 


18th 


Cumberland 


Eayetteville 


24th 


Orange 


Chapel Hill 



503 



NORTH CAROLINA MANUAL 1999-2000 



Representatixes (continued) 








Name 


District 


County 


Mihcss 


Jarrell, Mary L. CD) 


89th 


Guilford 


High Point 


Jeffus, Margaret M, (D) 


89th 


Guilford 


Greensboro 


Justus, Larry T. (R) 


50th 


Henderson 


Hendersonville 


Kinney Theodore J. (D) 


17th 


Cumberland 


Eayetteville 


Kiserjoe L. (R) 


45th 


Lincoln 


Vale 


Luebke, Paul (D) 


23rd 


Durham 


Durham 


McAllister, Mary E. (D) 


17th 


Cumberland 


Eayetteville 


McComas, Daniel E (R) 


13th 


New Hanover 


Wilmington 


McCombs, W. Eugene (R) 


83rd 


Rowan 


Faith 


McCrary Paul R. (D) 


37th 


Davidson 


Lexington 


McLawhorn, Marian N. (D) 


9th 


Pitt 


Grifton 


McMahan, W. Edwin (R) 


55th 


Mecklenburg 


Charlotte 


Melton, 0. Max CD) 


34th 


Union 


Monroe 


Michaux, Henry M., Jr. CD) 


23rd 


Durham 


Durham 


Miller, George W Jr. CD)CResigned) 23rd 


Durham 


Durham 


Miner, David CR) 


62nd 


Wake 


Cary 


Mitchell, W Eranklm CR) 


42nd 


Iredell 


Olm 


Moore, Richard L. CD) 


90th 


Cabarrus 


Kannapolis 


Morgan, Richard T. (R) 


31st 


Moore 


Pinehurst 


Morns, Amelia A.H. (R) 


18th 


Cumberland 


Eayetteville 


Mosley Jane H. CD)CDeceased) 


63rd 


Wake 


Cary 


Neely Charles B., Jr. CR)CResigned)61st 


Wake 


Raleigh 


Nesbitt, Martin L.,Jr. CD) 


51st 


Buncombe 


Asheville 


Nye, Edd CD) 


96th 


Bladen 


Elizabethtown 


Oldham, Warren Claude CD) 


67th 


Forsylh 


Winston-Salem 


Owens, William C, Jr. CD) 


1st 


Pasquotank 


Elizabeth City 


Pope, Art CR) 


61st 


Wake 


Raleigh 


Preston, Jean Rouse CR) 


4th 


Carteret 


Emerald Isle 


Ramsey, Liston B. CD) 


52nd 


Madison 


Marshall 


Rayheld,JohnM. CR) 


93rd 


Gaston 


Belmont 


Redwme, E. David CD) 


14th 


Brunswick 


Shallotte 


Rogers, Richard Eugene CD) 


6th 


Martin 


Williamston 


Russell, Carolyn B. (R) 


77th 


Wayne 


Goldsboro 


Saunders, Drew P CD) 


54th 


Mecklenburg 


Huntersville 


Setzer, Mitchell S. CR) 


43rd 


Catawba 


Catawba 


Sexton, R Wayne, Sr. CR) 


73rd 


Rockingham 


Stoneville 


Sherrill, Wilma M. CR) 


51st 


Buncombe 


Asheville 


Smith, Ronald L. CD) 


4th 


Carteret 


Newport 


Sossamon, Len CD) 


90th 


Cabarrus 


Concord 


Starnes, Edgar V CR) 


91st 


Caldwell 


Granite Falls 



504 





THE 5 


;tate legislature chapter five 


Representatixes (continued) 








Name 


District 


County 


Address 


Sutton, Ronnie N. (D) 


85th 


Robeson 


Pembroke 


Tallent, Timothy N. (R) 


81st 


Cabarrus 


Kannapolis 


league, WB., Jr. (R) 


25th 


Alamance 


Liberty 


Thomas, Scott E. (D) 


3rd 


Craven 


New Bern 


Thompson, Gregory J. (R) 


46th 


Mitchell 


Spruce Pine 


Tolson,JoeP (D) 


71st 


Edgecombe 


Pinetops 


Tucker, Russell E. (D) 


10th 


Duplin 


Pink Hill 


Wainwright, William L. (D) 


79th 


Craven 


Havelock 


Walend, Trudi (R) 


68th 


Transylvania 


Brevard 


Warner, Edward Alexander (D) 


75th 


Cumberland 


Hope Mills 


Warren, Edith D. (D) 


8th 


Pitt 


Earmville 


Warwick, Nurham O. (D) 


12th 


Sampson 


Clinton 


Weiss, Jennifer (D) 


63rd 


Wake 


Gary 


West, Roger (R) 


53rd 


Cherokee 


Marble 


Wilson, Constance K. (R) 


57th 


Mecklenburg 


Charlotte 


Wilson, W Eugene (R) 


40th 


Watauga 


Boone 


Womble, Larry W (D) 


66th 


Eorsyth 


Winston-Salem 


Wood, Stephen W (Ref.) 


27th 


Guilford 


High Point 


Wright, Thomas E. (D) 


98th 


New Hanover 


Wilmington 


Yongue, Douglas Y. (D) 


16th 


Scotland 


Laurinburg 



N.C. Speakers of the House 

Speakers of the House of Burgesses (Lower House of the Colonial Assembly) 



Representative 
George Catchmaid 
Valentine Bird 
Valentine Bird 
Thomas Eastchurch 
Thomas Cullen 
George Durant 
John Nixon 
John Porter 
William Wilkison 
Thomas Boyd 
Edward Mosely 
Richard Sanderson 
William Swann 
Thomas Snoden 
Edward Moseley 



County 
Albemarle 
Pasquotank 
Pasquotank 
Unknown 
Chowan 
Currituck 
Chowan 
Bath 
Chowan 
Unknown 
Chowan 
Currituck 
Currituck 
Perquimans 
Chowan 



Assembly 

1666 

1672 

1673 

1675 

1677 

1679 

1689 

1697-98 

1703 

1707 

1708 

1709 

1711 

1711-12 

1715-16 



505 



NORTH CAROLINA MANUAL 1999-2000 



Speakers of the House 


of Burgesses (L 


ovier Hous 


Rcpicscniativc 


County 


Assembly 


Edward Moseley 


Chowan 


1720 


Edward Moseley 


Chowan 


1722 


Edward Moseley 


Chowan 


1723 


Maurice Moore 


Perquimans 


1725-26 


John Baptista Ashe 


Beaufort 


1725-26 


John Baptista Ashe 


Beaufort 


1727 


Thomas Swann 


Pasquotank 


1729 


Edward Moseley 


Chowan 


1731 


Edward Moseley 


Chowan 


1733 


Edward Moseley 


Chowan 


1734 


William Downing 


Tyrrell 


1735 


William Downing 


Tyrrell 


1736-37 


William Downing 


Tyrrell 


1738-39 


John Hodgson 


Chowan 


1739-40 


John Hodgson 


Chowan 


1741 


Samuel Swann 


Onslow 


1742-44 


Samuel Swann 


Onslow 


1744-45 


Samuel Swann 


Onslow 


1746 


Samuel Swann 


Onslow 


1746-52 


Samuel Swann 


Onslow 


1753-54 


John Campbell 


Bertie 


1754-60 


Samuel Swann 


Onslow 


1754-60 


Samuel Swann 


Onslow 


1760 


Samuel Swann 


Onslow 


1761 


Samuel Swann 


Onslow 


1762 


John Ashe 


New Hanover 


1762 


John Ashe 


New Hanover 


1764-65 


John Harvey 


Perquimans 


1766-68 


John Harvey 


Perquimans 


1769 


Richard Caswell 


Craven 


1770-71 


John Harvey 


Perquimans 


1773 


John Harvey 


Perquimans 


1773-74 


John Harvey 


Perquimans 


1775 



506 





THE : 


STATE LEGISLATURE 


CHAPTER FIVE 


House of Commons 








Representative 


County 


Assembly 




Abner Nash 


Craven 


1777 




John WilUams 


Granville 


1778 




Thomas Benbury 


Chowan 


1778 




Thomas Benbury 


Chowan 


1779 




Thomas Benbury 


Chowan 


1780 




Thomas Benbury 


Chowan 


1781 




Thomas Benbury 


Chowan 


1782 




Edward Starkey 


Onslow 


1783 




Thomas Benbury 


Chowan 


1784 (April) 




Wilham Blount 


Craven 


1784 (October) 




Richard Dobbs Spaight 


Craven 


1785 




John B. Ashe 


Halifax 


1786-87 




John Sitgreaves 


Craven 


1787 




John Sitgreaves 


Craven 


1788 




Stephen Cabarrus 


Chowan 


1789 




Stephen Cabarrus 


Chowan 


1790 




Stephen Cabarrus 


Chowan 


1791-92 




Stephen Cabarrus 


Chowan 


1792-93 




John Leigh 


Edgecombe 


1793-94 




Timothy Bloodworth 


New Hanover 


1794-95 




John Leigh 


Edgecombe 


1795 




John Leigh 


Edgecombe 


1796 




Musendine Matthews 


Iredell 


1797 




Musendme Matthews 


Iredell 


1798 




Musendine Matthews 


Iredell 


1799 




Stephen Cabarrus 


Chowan 


1800 




Stephen Cabarrus 


Chowan 


1801 




Stephen Cabarrus 


Chowan 


1802 




Stephen Cabarrus 


Chowan 


1803 




Stephen Cabarrus 


Chowan 


1804 




Stephen Cabarrus 


Chowan 


1805 




John Moore 


Lincoln 


1806 




Joshua Grainger Wright 


New Hanover 


1807 




Joshua Grainger Wright 


New Hanover 


1808 




WilUam Gaston 


Craven 


1808 




Thomas Davis 


Cumberland 


1809 




Wilham Hawkins 


Granville 


1810 




William Hawkins 


Granville 


1811 




William Miller 


Warren 


1812 





507 



NORTH CAROLINA MANUAL 1999-2000 



House of Commons 

Rcprcscnialivc 
William Miller 
William Miller 
John Craig 
Thomas Ruffins 
James Iredell 
James Iredell, Jr. 
James Iredell, Jr. 
Romulus M. Saunders 
Romulus M. Saunders 
James Mebane 
John D. Jones 
Alfred Moore 
Alfred Moore 
John Stanly 
John Stanly 
James Iredell, Jr. 
Thomas Settle 
William J. Alexander 
Charles Fisher 
Charles Fisher 
Louis D. Henry 
William J. Alexander 
William J. Alexander 
William D. Haywood, 
William H. Haywood, 
William A. Graham 
William A. Graham 
Robert B. Gilliam 
Clavin Graves 
Edward Stanly 
Edward Stanly 
Robert B. Gilliam 
Robert B. Gilliam 
James C. Dobbs 
John Baxter 
Samuel P. Hill 
Jesse G. Shepherd 
Thomas Settle, Jr. 
William T Dorteh 



(continued) 




County 


Asscmhlv 


Warren 


1813 


Warren 


1814 


Orange 


1815 


Orange 


1816 


Chowan 


1816 


Chowan 


1817 


Chowan 


1818 


Caswell 


1819 


Caswell 


1820 


Orange 


1821 


New Hanover 


1822 


Brunswick 


1823-24 


Brunswick 


1824-25 


Craven 


1825-26 


Crax'en 


1826-27 


Chowan 


1827-28 


Rockingham 


1828-29 


Mecklenburg 


1829-30 


Rowan 


1830-31 


Rowan 


1831-32 


Cumberland 


1832-33 


Mecklenburg 


1833-34 


Mecklenburg 


1834-35 


Jr. Wake 


1835 


Jr. Wake 


1836-37 


Orange 


1838-39 


Orange 


1840-41 


Granville 


1840-41 


Caswell 


1842-43 


Beaufort 


1844-45 


Beaufort 


1846-47 


Granville 


1846-47 


Granville 


1848-49 


Cumberland 


1850-51 


Henderson 


1852 


Caswell 


1854-55 


Cumberland 


1856-57 


Rockingham 


1858-59 


Wayne 


1860-61 



508 



THE STATE LEGISLATURE 



CHAPTER FIVE 



House of Commons (continued) 

Representative County 

Nathan N. Fleming Rowan 

Robert B. Gilliam Granville 

Richard S. Donnell Beaufort 

Marmaduke S. Robbins Randolph 

Richard S. Donnel Beaufort 

Samuel E Phillips Orange 

Rufus Y. McAden Alamance 

House of Representati\es 



Repvesentative 
Joseph W Holden 
Joseph W Holden 
Thomas J. Jarvis 
James L. Robinson 
James L. Robinson 
Charles Price 
John M. Moring 
Charles M. Cooke 
George M. Rose 
Thomas M. Hok 
John R. Webster 
Augustus Leazar 
Rufus A. Doughton 
Lee S. Overman 
Zeb V Walser 
A.F: Hileman 
Henry G. Connor 
Walter E. Moore 
S. M. Gattis 
Owen H. Guion 
E. J. Justice 
A. W Graham 
W C. Dowd 
George Connor 
Emmett R. Wooten 
Walter Murphy 
Dennis G. Brummitt 
Harry R Grier 
John G. Dawson 
Edgar W Pharr 



County 

Wake 

Wake 

Tyrrell 

Macon 

Macon 

Davie 

Chatham 

Franklin 

Cumberland 

Alamance 

Rockingham 

Iredell 

Alleghany 

Rowan 

Davidson 

Cabarrus 

Wilson 

Jackson 

Orange 

Craven 

Guilford 

Granville 

Mecklenburg 

Wilson 

Lenoir 

Rowan 

Granville 

Iredell 

Lenoir 

Mecklenburg 



Assembly 
1860-61 
1862-64 
1862-64 
1862-64 
1864-65 
1865-66 
1866-67 



Assembly 

1868 

1869-70 

1870 

1872 

1874-75 

1876-77 

1879 

1881 

1883 

1885 

1887 

1889 

1891 

1893 

1895 

1897 

1899-1900 

1901 

1903 

1905 

1907 

1909 

1911 

1913 

1915 

1917 

1919 

1921 

1923-24 

1925 



509 



NORTH CAROLINA MANUAL 1999-2000 



House of Representatixes (continued) 



Representative 
Richard T. Founiain 
A. H. Graham 
WilUs Smith 
R. L. Harris 
Robert Johnson 
R. Gregg Cherry 
D. L. Ward 
O. M. Mull 
John Kerr, Jr. 
Oscar L. Richardson 
Thomas J. Pearsall 
Kerr Craig Ramsay 
W Frank Taylor 
Eugene T. Bost, Jr. 
Larry 1. Moore, Jr. 
James K. Doughton 
Addison Hewlett 
Joseph M. Hunt, Jr. 
H. Clifton Blue 
H. Patrick Taylor, Jr. 
David M. Britt 
Earl W Vaughn 
Philip R Godwin 
James E. Ramsey 
James C. Green 
Carl J. Stewart, Jr. 
Carl J. Stewart, Jr. 
Liston B. Ramsey 
Liston B. Ramsey 
Liston B. Ramsey 
Liston B. Ramsey 
Josephus L. Mavretic 
Daniel T Blue, Jr. 
Harold J. Brubaker 
James B. Black 



County 

Edgecombe 

Orange 

Wake 

Person 

Pender 

Gaston 

Craven 

Cleveland 

Warren 

Union 

Nash 

Rowan 

Wayne 

Cabarrus 

Wilson 

Alleghany 

New Hanover 

Guilford 

Moore 

Anson 

Robeson 

Rockingham 

Gates 

Person 

Bladen 

Gaston 

Gaston 

Madison 

Madison 

Madison 

Madison 

Edgecombe 

Wake 

Randolph 

Mecklenburg 



Assembly 

1927 

1929 

1931 

1933 

1935-36 

1937 

1939 

1941 

1943 

1945 

1947 

1949 

1951 

1953 

1955-56 

1957 

1959 

1961 

1963 

1965-66 

1967 

1969 

1971 

1973-74 

1975-76 

1977-78 

1979-80 

1981-82 

1983-84 

1985-86 

1987-88 

1989-90 

1991-94 

1995-98 

1999-Present 



510 



THE STATE LEGISLATURE 



CHAPTER FIVE 




James Boyce Black 

Speaker of the House 

Democrat, Mecklenburg County 

Thirty-Sixth Representative District: Portions of 
Medzlenburg County 

Early Years 

Born 111 Matthews, Mecklenburg County, on 
March 25, 1935, to Boyce and James Margaret 
Query Black. 

Education 

East Mecklenburg, 1953; B.A. in Business 
Administration; Lenoir-Rhyne College, 1958; B.S. 
and Doctor of Optometry, Southern College of 
Optometry, 1962. 

Professional Background 

Optometrist, Dr. James B. Black & Associates. 

Political Activities 

Speaker of the House, 1999-Present, Member, N.C. House, 1981-84 and 1991-Present 
(Majority Whip, 1993-94; Mmority Leader, 1995-98); Matthews Town Council, 1988. 

Organizations 

Past President, Mecklenburg County Optometric Association, Past President, North 
Carolina State Optometric Society; Matthews Optimist Club; Crostdale Community 
Association; Mason-Shriner; President, Methodist Men, Matthews United Methodist 
Church, 1987. 

Boards and Commissions 

Board Member, Mecklenburg County Mental Health Association; Board Member, Local 
Advisory Board, United Carolina Bank; Board of Trustees, N.C. Optometric Society; 
Member, Administrative Board, Matthews United Methodist Church, 1985-87. 

Military Service 

Petty Officer, 3rd Class, USNR, USS Massey 1955-56; Reserves 1956-60. 

Honors and Awards 

1983 N.C. Optometrist of the Year; 1999 Honorary Doctorate, Lenoir Rhyne; 2000 
Optometrist of the South; 1995 Legislator of the Year, N.C. Nursing Association. 

Personal Information 

Married Betty Clodfelter Black of Matthews on May 13, 1955. Two children. Two 
grandchildren. Member, Matthews United Methodist Church. 

Committee Assignments 

The Speaker of the House appoints all committee memberships. 



511 



NORTH CAROLINA MANUAL 1999-2000 




Joe Hackney 

Speaker Pro-Tempore 

Democrat, Orange County 

Twenty-Fourth Representative District: Portions 
of Chatham and Orange counties 

Early Years 

Born in Silcr Cily, Chatham Couniy, on September 
23, 1945, to Herbert Harold and Ida Lilhan 
Dorsett Haekney. 

Educational Background 

Silk Hope High School, 1963; N.C. State 
University, 1963-64; A.B. with Honors m Political 
Science, UNC-Chapel Hill, 1964-67; J. D., UNC- 
Chapel Hill School of Law, 1970. 

Professional Background 

Attorney and Partner, firm of Epting & Hackney; Assistant District Attorney 15th 
District, 1971-74; Research Assistant to J. Frank Hiiskins, Associate Justice, N.C. 
Supreme Court, 1970-71. 

Political Activities 

Member, N.C. House, 1981-Present. 

Organizations 

Orange County (Former President), N.C. and American Bar Associations; N.C. 
Academy of Trial Law)'ers; Committee on Legislation and Law Reform, N.C. Bar; 
Former President, 15th District Bar; Former President, Orange-Chatham Legal 
Services; Conservation Council of N.C; Sierra Club; N.C. Nature Conservancy; 
Appalachian Trail Conference; N.C. Cattlemens Association. 

Boards and Commissions 

Former Member, Joint Orange-Chatham Community Action, Inc.; Former Member, 
Conservation Foundation of N.C; Citizens Commission on Alternatives to 
Incarceration; Former Member, Governors Crime Commission; Former Chair, 
Environmental Quality Committee, Southern Legislatix'e Conference. 

Honors and Awards 

Recycling Merit Award, N.C. Recycling Association, 1991; Legislative Award, N.C. 
Pediatric Society, 1989; Legislative Award, N.C. Chapter, American Planning 
Association, 1989; Outstanding Service Award, Sierra Club, N.C. Chapter, 1988; 
Distinguished Service Award, Joint Orange-Chatham Community Action, 1988. 



512 



THE STATE LEGISLATURE CHAPTER FIVE 



Personal Information 

Married Betsy Strandberg on September 15, 1979. Two children. Member, Hickory 
Mountain Baptist Church. 

Committee Assignments 

Chair, Judiciary 1; Vice-Chair, Rules, Calendar and Operations of the House; Member 
(Ex-ofhcio of all committees), Environment and Natural Resources, Finance, 
Technology. 



513 




NORTH CAROLINA MANUAL 1999-2000 

Philip A. Baddour, Jr. 

House Majority Leader 

Democrat, Wayne County 

Eleventh Representative Distriet: Portions of 
Lenoir and Wayne counties 

Early Years 

Born in Goldsboro, Wayne County, on August 5, 
1942, to Philip A. and Louise Fariour Baddour, 
Sr. 

Educational Background 

Goldsboro High School, 1960; A.B. m Economics, 
UNC-Chapel Hill, 1964; J.D., UNC-Chapel Hill 
Law School, 1967. 

Professional Background 

Attorney, Baddour, Parker, Hine &r Grander. 

Political Activities 

Member, N.C. House of Representatives, 1992-93 and 1995-Present. 

Organizations 

N.C. Bar Association; American Bar Association; American Trial La\v)'ers Association; 
Goldsboro Rotar)' Club; Wayne County Chamber of Commerce; Benevolent and 
Protective Order of Elks; Wayne County Chapter of the American Cancer Society 
(Board of Directors, 1968-82); Goldsboro Jaycees, 1968-78; Wa>aie County Sheltered 
Workshop (President, 1972-74). 

Boards and Commissions 

UNC Law Alumni Association, Board of Directors, 1983-86, 1992; N.C. Academy of 
Trial Lawyers, Board of Directors, 1990; N.C. Board of Transportation, 1981-85; 
N.C. Board of Economic Development, 1977-81; Wayne Community College, Board 
of Trustees, 1986-92. 

Militaiy Service 

Colonel, N.C. Army National Guard, HQ STARC; National Guard, 1967-99; Charles 
Dick Medal of Merit, 1998. 

Honors and Awards 

Distinguished Service Award as Outstanding Young Man of the Year, Goldsboro Jaycees, 
1977; One of Ten Most Outstanding Young Democrats in N.C, 1968; Paul Harris 
Fellow, Goldsboro Rotary Club, 1986; Robert H. Futrelle Good Government Award, 
1971; Neuse River Council of Governments, Outstanding Regional Citizen, 1991. 



514 



THE STATE LEGISLATURE CHAPTER FIVE 



Personal Information 

Married to Margaret Boothe Baddour. Three children. Member, St. Mary's Catholic 
Church. 

Committee Assignments 

Ex-officio member of all committees; Chair, Judiciary IV 



515 



NORTH CAROLINA MANUAL 1999-2000 

Richard Timothy Morgan 

House Minority Leader 

Republican, Moore County 

Thirty-First Representative District: Portions of 
Moore County 

Early Years 

Born in Southern Pines on July 12, 1952, to 
Alexander (deceased) and Mary Katherine Cram 
Moriian, 



V'-.'^ 




Educational Background 

Pinecresl High School, 1970; A. A. m Liberal Arts, 
Sandhills Community College, 1972; B.A. in 
Political Science, UNC-Chapel Hill, 1974. 

Professional Background 

Owner, Richard T. Morgan & Associates; General Agent, Chubb Insurance Group; 
Registered Representative, District Manager, Chubb Securities Corporation; 
Southeastern Insurance Institute Certification, UNC-Greensboro School of Business 
and Economics; Licensed by the N.C. Department of Insurance for Life, Accident & 
Health, and Property & Casualty Insurance; Licensed by the National Association of 
Securities Dealers (NASD); Licensed by the N.C. Real Estate Licensing Board as a 
Real Estate Broker; Business Insurance Certification; Personal Insurance Certification; 
Diploma in Lile Insurance Marketing. 

Political Activities 

Member, N.C. House, 1991-Present. 

Organizations 

Life Underwriter Training Council (LUIC); Professional Insurance Agents Association; 
Carolmas Association ol Professional Insurance Agents, Independent Insurance Agents 
Association of America; Independent Insurance Agents Association ol N.C; National 
Association of Life Underwriters; Sandhills Association of Life Underwriters; Sandhills 
Area Chamber of Commerce; Chairman, Moore County Capital Dru'c for Boy Scouts 
ol America. 

Boards and Commissions 

Chairman, First Moore County Drug Task Eorce; Member, Moore County Drug Task 
Eorce; Chairman, Moore County Insurance Review Committee; Member, North 
Carolina Council on Status of Women; Member, North Carolina Council on Juvenile 
Justice and Delinquency Prevention. 



516 



THE STATE LEGISLATURE CHAPTER FIVE 



Honors and Awards 

Outstanding Young Men in North Carolina, 1991; Distinguished Service Award, 1991; 
Outstanding Young Men in America, 1976, 1977, 1979, 1980 and 1981 editions; 
Community Leaders and Noteworthy Americans, 1977; Distinguished Alumnus, 
Sandhills Community College, 1993. 

Personal Information 

Married Cynthia Sue Richardson of Carthage on May 28, 1988. Member, Community 
Presbyterian Church of Pinehurst. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Education, Cultural 
Resources, Economic Growth and Community Development, Education, Education 
Subcommittee on Universities, Pensions and Retirement, Welfare Reform. 



517 




NORTH CAROLINA MANUAL 1999-2000 

Andrew Thomas Dedmon 

House Majority Whip 

Democrat, Cleveland County 

Foviy -Eighth Representative District: Clevehjnd, 
Rutherford and Portions of Gaston and Polk 
eounties 

Early Years 

Born in Kings Mountain, Cleveland County, on 
August 19, 1960, to Ned Dedmon and Deedie 
Bryant Dedmon. 

Educational Background 

Crest Senior High School, Shelby, 1978; Gardner- 
Webb University. 

Professional Background 

Real Estate, Century 21 Dedmon Properties. 

Political Activities 

Member, N.C. House, 1997-Present; President, Cleveland County Young Democrats. 

Organizations 

Cleveland County Association of Realtors; Project Graduation; Cleveland Lodge #202 
Scottish Rite. 

Boards and Commissions 

Cleveland County Planning Board; Cleveland County Land Use Task Force. 

Honors and Awards 

Top Five Young Democrats in North Carolina, 1993. 

Personal Infoiination 

Married Lisa Pearson Dedmon of Earl on December 22, 1985. One child. Member, 
New Hope Baptist Church. 

Committee Assignments 

Ex-officio member of all committees; Chair, Law Enforcement, Local Government 1; 
Member, Education, Education Subcommittee on Community Colleges, Election Law 
and Campaign Finance Reform, Finance, Health, Highway Safety Insurance, Judiciary II. 



518 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Beverly Earle 

House Majority Whip 

Democrat, Mecklenburg County 

Sixtieth Representative Distriet: Portions of 
Mecklenburg County 

Early Years 

Born in Greensboro, Guilford County, on 
December 30, 1943, to Angelo Jr. and Edna 
Wilkins Miller. 

Educational Background 

Dudley High School, Greensboro, 1961; Social 
Science, N.C. A&T State University 

Professional Background 

Retired. 

Political Activities 

Member, N.C. House, 1995-Present. 

Organizations 

National Conference of State Legislators; Democratic State Executive Committee; 
Women m Government; NAACP; National Council of Negro Women; Executive 
Committee, Third Ward Community Organization. 

Boards and Commissions 

Board of Visitors, Johnson C. Smith University; Nevins Center (Workshop for 
Developmental Disabilities); N.C. Council on Developmental Disabihties; Exceptional 
Children Assistance Council; Housing Partnership. 

Honors and Awards 

Advocate of the Year, Easter Seals N.C; Person of Prominence, Char Post Publishing; 
Advocate of the Year, The ARC of North Carolina; Award of Excellence, N.C. 
Community Support Providers Council. 

Personal Injoiination 

One child; Member, Christ the King Episcopal Church. 

Committee Assignments 

Ex-officio member of all committees; Chair, Appropriations Subcommittee on Health 
and Human Services, Welfare Reform; Member, Aging, Appropriations, Appropriations 
Subcommittee on Capital, Appropriations Subcommittee on Information Technology, 
Health, Insurance, Judiciary IV, Public Utilities, Transportation, Select Committee 
on Health Care Delivery 



519 




NORTH CAROLINA MANUAL 1999-2000 

Julia C.Howard 

House Minority Whip 

Republican, Davie County 

Seventy-Fourth Representative District: Davie 
and Portions of Davidson counties 

Early Years 

Born m Salisbury, Rowan Couniy, on August 20, 
1944, to Allan Leary and Ruth Elizabeth Siiider 
Craven. 

Education 

Davie High School, 1962; RM, American Institute 
of Real Estate Appraisers; GRl, N.C. Association 
ot Realtors. 

Professional Background 

Realtor/Appraiser; President, Howard Realty &r Insurance Agency, Inc.; President, 
Da\ie Builders, Inc. 

Political Activities 

Member, NC House oi Representatives 1989-Present (House Majority Whip, 1997- 
98; 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 to Abe Nail Howard, Jr., (deceased) on August 26, 1962. Two children. 
Member, First United Methodist Church, Mocksville. 

Committee Assignments 

Member, Ethics, Finance, Financial Institutions, Health, Insurance, Public Health. 



520 



THE STATE LEGISLATURE 



CHAPTER FIVE 




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. m 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 Council, 1987-94; Greensboro 
City School Board, 1984-86. 

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; Former Founding Board Member, Greensboro Education Development 
Corporation; N.C. Equity; League of Women Voters. 

Boards and Commissions 

Chair, N.C. Women's Legislative Caucus; NAACP Executive Board. 

Honors and Awards 

Distinguished WK. 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 

Two children. Member, New Zion Missionary Baptist Church. 

Committee Assignments 

Chair, Highway Safety; Vice-Chair, Welfare Reform; Member, Appropriations, 
Appropriations Subcommittee on Health and Human Services, Cultural Resources, 
Education, Education Subcommittee on Universities, Health, Transportation, Select 
Committee on the Tobacco Settlement. 



521 




NORTH CAROLINA MANUAL 1999-2000 

Martha Bedell Alexander 

Democrat, Mecklenburg County 

Fifty-Sixth Representative Disliict: Portions oj 
Mecklenburg County 

Early Years 

Born in Jacksonville, Florida, on August 30, 1939, 
10 Chester Bedell and Edmonia Hair Bedell. 

Education 

Robert E. Lee School, Jacksonville Florida, 1957; 
B.S. m Education, Florida State University, 1961; 
Master of Human Development and Learning, 
UNC-Charlotte, 1979. 

Professional Background 

Housewite. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present. 

Organizations 

Addiction Professionals of N.C; Employee Assistance Professionals Association; 
American Counseling Association; Charlotte Junior League; Women Executives; World 
Service Council, YWCA; Companion Diocese Committee, Episcopal Church. 

Boards and Commissions 

Arts and Sciences Council; Crisis Assistance Ministry; Senior Resources Advisory 
Council; Advisory Budget Commission; Governors Commission on Substance Abuse 
Treatment and Prevention. 

Honors and Awards 

1999 State of the Art Martha Alexander Legislative Advocacy Award, Eastern Region, 
N.C. Division of MH/DD/SAS; 1999 Pete Peterson Distinguished Service Award, Mental 
Health Association of Mecklenburg County; 1999 C. Odell Tyndall Award, N.C. 
Rehabilitation Association; 1999 Advocate of the Year, National Association ol Social 
Workers (NC PACE); 1997 Norbert R. Kelly Award, Addiction Professionals of N.C. 

Personal Information 

Married James Erosst Alexander on June 22, 1962. Two children. Four grandchildren. 
Member, Christ Episcopal Church, Charlotte. 

Committee Assignments 

Chair, Election Law and Campaign Finance Reform, Select Committee on the Tobacco 
Settlement; Vice-Chair, Appropriations Subcommittee on Health and Human Services, 
Select Committee on Health Care Delivery; Member, Appropriations, Cultural 
Resources, Education, Education Subcommittee on Universities, Health, Highway 
Safety, Judiciary 1, Rules, Calendar and Operations of the House, Welfare Reform. 



522 



THE STATE LEGISLATURE 



CHAPTER FIVE 




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, Person County, 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. 

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; 
Director, Independent Insurance Agents of North Carolina; Past President, Roxboro 
Kiwanis Club; Partners in Education; Chair, Economic Development Committee of 
Person County; President, Roxboro Chamber of Commerce; Chairman, Downtown 
Re-development. 

Boards and Commissions 

Chair, Board of Directors, Homesavings of Durham; Member, Board of Directors, 
Central Carolina Bank of Durham; Member, Board of Directors, Peoples Bank; Finance 
Chairman, Partners in Education; Founding Chairman, Piedmont Community College 
(Board Member for 30 years). 

Military Service 

1st Lieutenant, 2nd Infantry Division, U.S. Army 1951-53; Served in the Korean 
War; Company Commander, North Carohna National Guard, 1954-58; Awarded 
Bronze Star while serving as Platoon Leader in Korean War, Korean Ser\4ce Medal 
with Two Bronze Service Stars; United Nations Medal with Two Bronze Stars; Overseas 
Service Bar. 

Honors and Awards 

1999 Distinguished Service Award, Mars Hill College; Thirty Year Service Award, 
Piedmont Community College; 1959 Jaycees Distinguished Service Award. 



523 



NORTH CAROLINA MANUAL 1999-2000 

Gordon Phillip Allen, Sr. (continued) 

Democrat, Person County 

Personal Information 

Married Betsy Harris Allen of Roxboro on July 12, 1952. Five children. Sixteen 
grandchildren. Member, Long Memorial United Methodist Church. 

Committee Assignments 

Chair, Finance, Select Committee on the Tobacco Setllemenl; Member, Economic 
Growth and Development, Education, Education Subcommittee on Pre-School, 
Elementary and Secondary Education, Rules, Calendar and Operations ot the House, 
Small Business, W4tys and Means. 



524 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Gary D. All red 

Republican, Alamance County 

Twenty-Fifth Representative District: Alamance, 
Caswell and Portions of Orange and 
Rockingham counties 

Early Years 

Bom February 7, 1947, m 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. 

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. 

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 Award, 
1980; Outstanding Public Service Award; Service Award for Alamance County Graham 
Jaycees, 1981. 

Personal Infoiination 

Married to Jean Brown Allred of Burlington on November 5, 1967. One child. 

Committee Assignments 

Member, Agriculture, Appropriations, Appropriations Subcommittee on Capital, 
Appropriations Subcommittee on Transportation, Financial Institutions, Health, 
Highway Safety, Transportation. 



525 



NORTH CAROLINA MANUAL 1999-2000 




Gene Grey Arnold 

Republican, Nash County 

Seventy -Second Rcpiesentative District: Portions 
of Nash and Wilson counties 

Early Years 

Born in Rocky Mount, Edgecombe Couniy, on 
December 31, 1936, lo Jacob Harboard and Bessie 
Lcc Pittman Arnold. 

Education 

Rocky Mount Senior High, 1955; UNC- 
Wilmington, 1956. 

Professional Background 

Retired Executive, Hardee's Food Svstem, Inc. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present. 

Organizations 

Past President, Management Development Institute, UNC; UNC Executive Program; 
Fellow, N.C. Institute of Political Leadership; Kiwanis Club; Former Jaycee; Shriners; 
Bombay Bridge and Bicycle Club. 

Boards 

Nash Community College Foundation Board; NC Wcsleyan College Board of Visitors; 
Cities in Schools Advisory Board, Nash County; Board of Visitors, UNC-Wilmington. 

Personal Information 

Married Lyiine Shannon Arnold on June 23, 1957. Three children. Two grandchildren. 
Member, St. Andrews Episcopal Church. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Capital, Appropriations 
Subcommittee on Information Technology, Economic Growth and Communinity 
Development, Education, Education Subcommittee on Preschool, Elementary and 
Secondary Education, Law Enforcement. 



526 



THE STATE LEGISLATURE 



CHAPTER FIVE 



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-Chapel Hill, 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. 

Personal Information 

Married to Helen Virginia Wall of King on November 14, 1959. Two children. 

Committee Assignments 

Member, Agriculture, Alcoholic Beverage Control, Appropriations, Appropriations 
Subcommittee on Natural and Economic Resources, State Parks and Properties, 
Transportation, Travel and Tourism, Select Committee on the Tobacco Settlement. 




527 



NORTH CAROLINA MANUAL 1999-2000 




Bobby Harold Barbee, Sr. 

Republican, Stanly County 

Eighty-Second Repvcsentative District: Portions 
of Cabcirrus, Stanly and Union counties 

Early Years 

Born in Locust, Slanly Counly, 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; Land 
development and home-building with B.B.S. 
Construction. 

Political Activities 

Member, N.C. House of Representatives, 1987-Present. 

Organizations 

President, West Stanly Colt Club, 1982-1985; Former Member, Locust Elementary 
PT.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 Seryice 

U.S. Army Air Force, 1945-47. 

Personal Information 

Married to Jacqueline Pethel Barbee of Kannapolis, August 12, 1962. Five children. 
Eight grandchildren. Member, Carolina Presbyterian Church. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Transportation, Insurance, 
Local Government II, Pensions and Retirement, UNC Board of Go\'ernors Nominating. 



528 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Daniel Wilson Barefoot 

Democrat, Lincoln County 

Forty-Fourth Representative District: Portions of 
Gaston and Lincon counties 

Early Years 

Born in Charlotte, Mecklenburg County, on March 
18, 1951, to Pressly Wilson and Ramona Jane 
Pennell Barefoot. 

Educational Background 

Graduate, Maiden High School, Maiden, 1969; 
A.B. m Political Science (Phi Beta Kappa), UNC- 
Chapel Hill, 1973; J. D., UNC-Chapel Hill School 
of Law, 1976. 

Professional Background 

Attorney/Author. 

Political Activities 

Member, N.C. House of Representatives, 1998-Present. 

Organizations 

Lmcolnton-Lincoln County Chamber of Commerce; Past President, Lincoln County 
Bar Association; Past President, 27-B Judicial District Bar Association; President, 
Lincolnton Rotary Club; President, Lincoln County Public Education Foundation; 
Board of Directors, Christian Ministries of Lincoln County, Inc.; Past Vice-President, 
Lincoln County Historical Association. 

Boards and Commissions 

Chair, Board of Directors, First Citizens Bank & Tmst, Lincolnton; USS North Carolina 
Battleship Commission; Board of Directors, Vagabond School of Dance; Regional 
Advisory Board, Museum of the New South; Past Chair, Lincoln County Historic 
Properties Commission. 

Honors and Awards 

1997 Governors Award for Outstanding Volunteer Service; 1998 North Carolina 
Historian of the Year, N.C. Society of Historians; History Book Award (1996, 1997, 
1998), N.C. Society of Historians. 

Personal Information 

Married, Kay Anne Townsend Barefoot, 1974. One child. Member, First Presbyterian 
Church of Lincolnton. 

Committee Assignments 

Chair, Cultural Resources; Vice-Chair, Travel and Tourism; Member, Appropriations, 
Appropriations Subcommittee on General Government, Economic Growth and 
Community Development, Judiciary 11, Local Governmcni L Public Health, State 
Parks and Properties. 

529 



NORTH CAROLINA MANUAL 1999-2000 




Cherie Killian Berry 

Republican, Catawba County 

Forty-Fifth Rcpicscntative District: Portions of 
Catawba, Gaston 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, Maideii, 1965; Lenoir- 
Rhyne College, 1967; Gaston Community 
College, 1969; Oakland Community College, 
1977.^ 

Professional Background 

Consultant, LGM, Ltd. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present. 

Organizations 

American Business Women Association; Director/Producer, Reading Stage, Hickory 
Community Theatre; President, Local Michigan PTA Chapter; Member, Detroit Variety 
Club; Committee for Childrens 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 

1997 Friend of the Working People Award, N.C. State AFL-CIO; 1997 Chairman's 
Award, N.C. Employment Security Commission; 1998 Guardian of Small Business 
Award, National Federation of Independent Business; Taxpayers' Best Friend, 
Taxpayers United. 

Personal Infoiination 

Married to Norman H. Berry, Jr. Four children. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Capital, Cultural 
cResources, Election Law and Campaign Finance Reform, Mental Health, Pensions 
and Retirement. 



530 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Daniel T. Blue, Jr. 

Democrat, Wake County 

Twenty-First Representative District: Portions of 
Wake County 

Early Years 

Born in Lumberton, Robeson County, on April 
18, 1949, to Daniel Terry, Sr., and Allene Morris 
Blue. 

Education 

Oak Ridge High School, Lumberton, 1966; B.S. 
in Mathematics, N.C. Central University, 1970; 
J.D., Duke University School of Law, 1973; 
Certihcate, National Institute of Trial Advocacy, 
1977. 

Professional Background 

Attorney, Managing Partner, Thigpen, Blue, Stephens & Fellers. 

Political Activities 

Member, N.C. House, 1981-Present (Speaker, N.C. House, 1991-94). 

Organizations 

President, National Conference of State Legislators, 1998-99; Executive Committee, 
Southern Legislative Conference; Executive Committee, State and Local Legal Center, 
Washington, D.C. 

Boards and Commissions 

Trustee, Duke University; Member, Board of Directors, Duke University Health 
Systems; Advisory Council, Association of Governing Boards of Universities and 
Colleges, Washington, D.C. 

Honors and Awards 

Joseph Branch Professionalism Award, Wake County Bar Association; Recipient of 
eight honorary degrees. 

Personal Information 

Married, Edna Smith Blue on January 26, 1972. Three children. Member, Davie St. 
Presbyterian Church. 

Committee Assignments 

Chair, Small Business; Member, Appropriations, Appropriations Subcommittee on 
Transportation, Judiciary I, Ways and Means, Select Committee on the Tobacco 
Settlement. 



531 



NORTH CAROLINA MANUAL 1999-2000 




Donald Allen Bonner 

Democrat, Robeson County 

Eighty -Seventh Representative Distriet: Portions 
of Hoke, Robeson and Seotland counties 

Early Years 

Born in Rowland, Robeson Couniy, North 
Carolina on June 22, 1935, to Ernest and 
Catherine G. McGirt Bonner. 

Educational Background 

Southside High School, Rowland, N.C., 1951; 
B.S. in Biology/Physical Education, N.C. Central 
University 1955; M.S. in Physical Education, N.C. 
Central University, 1964; Ed. Specialist, East 
Carolina University 1982. 

Professional Background 

Retired Educator, Robeson County Public Schools (Associate Superintendent, 1977- 
92). 

Political Activities 

Member, N.C. House, 1997-Present. 

Organizations 

Life Member, NAACP; N.C. Association ot Retired School Personnel; Alpha Phi Alpha 
Fraternity. 

Boards and Commissions 

Advisory Board, Rowland Branch, Lumbce Guarant)' Bank. 

Military Service 

Spec-4, Medical Corps, U.S. Army 1958-60. 

Honors and Av^ards 

Andre' Nadeau Educator o^ the Year Award, 1988; NCHSAA Hall of Eame, 1993. 

Personal Information 

Married Elizabeth Parnell ol Rowland on December 24, 1959. One child. Member, 
New Hope United Methodist Church. 

Committee Assignments 

Chair, Education Subcommittee on Pre-School, Elementary and Secondary Education, 
Election Law and Campaign Einance Reform; Vice-Chair, Local Government U; 
Member, Agriculture, Appropriations, Appropriations Subcommittee on Education, 
Cultural Resources, Education, Environment and Natural Resources, State Parks and 
Properties, Select Committee on the Tobacco Settlement. 



532 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Joanne W.Bowie 

Republican, Guilford County 

Twenty-Ninth Representative District: Portions 
of Guilford County 

Early Years 

Born in Terre Haute, Indiana, on June 18 to Phillip 
and lona Brown Walker. 

Education 

B.A. in Fine Art, English, West Virginia University; 
M.S. m Communication-Visual Aides, West 
Virginia University. 

Professional Background 

Public Relations Specialist. 

Political Activities 

Member, N.C. House, 1989-Present; Greensboro City Council, 1977-88. 

Organizations 

Guilford County Medical Auxiliary, 1972-1984 (President, 1982); Greensboro Chamber 
of Commerce (Board of Directors, 1986); Mother's March, March of Dimes (Chairman 
of Local March, 1974-75); Greensboro Symphony Guild; Greensboro Preservation 
Society. 

Boards and Commissions 

State Board of Community Colleges, 1985-88; National League of Municipalities 
Administration Commission, 1984-88; Guilford County Convention and Visitors 
Board, 1984-88; Trustee, Guilford Technical and Community College, 1978-1985; 
Governors Appointee, Rail Passenger Service Task Force Committee, 1991. 

Personal Information 

Two children. Member, Saint Paul the Apostle Catholic Church, Greensboro. 

Committee Appointments 

Member, Appropriations, Appropriations Subcommittee on Transportation, Health, 
Judiciary IV, Ways and Means, Select Committee on Health Care Delivery 



533 



NORTH CAROLINA MANUAL 1999-2000 




Flossie Boyd-Mclntyre 

Democrat, Guilford County 

Twenty-Eighth Representative District: Portions 
of Guilford County 

Early Years 

Born in Louisville, Mississippi, on December 22, 
1937, to Bob and Dorothy Boyd Hickman. 

Educational Background 

Louisville High School, 1956; B.S. in Language 
Arts, Jackson State University, 1960; M.A. in 
English & Literature, Northwestern University, 
1967; Ed.D. m English and Education, Rutgers 
University, 1975. 

Professional Background 

Owner and President, American Classic Realty, Inc. 

Political Activities 

Member, N.C. House, 1995-Present (Democratic Whip, 1997-98); First Vice-Chair, 
Legislative Black Caucus & Foundation, 1999-Present. 

Organizations 

National Association of Negro Business and Professional Women's Clubs, High Point, 
Senior Club (President, 1985-87); National Council of Teachers of English (NCTE); 
Governing Member, National Women's Political Caucus; Founder and Chair, 
Jamestown-High Point Women's Council; Co-Chair, Agency Study, United Way of 
Greater High Point; Co-Chair, Academically-Gifted Committee, Model Schools Task 
Force; Life Member, NAACP (Executive Committee); Past President, Virginia Beach, 
Alpha Kappa Alpha Sorority, Inc.; Member, High Point Chamber of Commerce. 

Boards and Commissions 

Director, Workforce Development Board; Director, Board of Management, Hayes- 
Taylor YMCA; Board of Directors, Student Enrichment Foundation; Tmstee Board, 
Western Conference, AME Church; National Committee Chair, National Order of 
Women Legislators. 

Honors and Awards 

1999 National Legislative Award and Tribute, Strong Women Inside and Out; 2000 
Millennium Award, Bethel AME Church; 1999 Phenommal Women Recognition, 
Sinclair Media Group; 1998 A+ Award, National Association of Educators; 1997 
National Sojourner Truth Meritorious Service Award, National Association of Negro 
Business and Professional Women's Club. 



534 



THE STATE LEGISLATURE CHAPTER FIVE 



Personal Injomiation 

Married Charles Mclntyre of Hollandale, Mississippi, on June 21, 1964. One child. 
One grandchild. Member, Bethel AME Church of Greensboro. 

Committee Assignments 

Chair, Appropriations Subcommittee on Education; Vice-Chair, Technology, UNC 
Board of Governors Nominating; Member, Appropriations, Appropriations 
Subcommittee on Capital, Appropriations Subcommittee on Information Technology, 
Children, Youth and Families, Education, Education Subcommittee on Universities, 
Ethics, Insurance, Judiciary 1, Rules, Calendar and Operations of the House. 



535 



NORTH CAROLINA MANUAL 1999-2000 




Jerry Braswell 

Democrat, Wayne County 

Ninety-Seventh Representative Distriet: Portions 
of Duplin, Sampson and Wayne counties 

Resigned Februar\- 1 1 , 2000 

Early Years 

Born in Rosewood, Wayne County, on June 23, 
1952, 10 Herbert Hoover Braswell and Ethel 
Eldridge Braswell. 

Education 

Goldsboro High School, 1967-1970; B.A. m 

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 o^ Representatives, 1993-2000 (House Minority Whip, 1997- 
99); 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 ol Wayne County; 
Goldsboro Area Chamber ot 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 ol 
Directors, Wayne Economic, Business and Professional Organization; Ad\'isory Board, 
First Citizens Bank. 

Military Service 

Lieutenant, JAGG, U.S. Navy, 1977-1982; Reserves, 1973-77. 

Personal Information 

One child. 



536 



THE STATE LEGISLATURE 



CHAPTER FIVE 




John Douglas Bridgeman 

Democrat, Gaston County 

Seventy-Sixth Representative District: Portions 
of Gaston and Mecklenburg counties 

Early Years 

Born in Gastonia, Gaston County, to John Charles 
and Ruth Phillips Bridgeman. 

Education 

Ashley High School, Gastonia, 1962; Charlotte 
College, 1963; Gardner-Webb College, 1964. 

Professional Background 

Realtor and Consultant, Allen Tate Co. 

Political Activities 

Member, N.C. House of Representatives, 1999-Present; Gastonia City Council (three 
terms). 

Organizations 

Gaston Association of Realtors (Past President); Gaston County Homebuilders 
Association; Gaston Jaycees (Past President); Gastonia Rotary Club; Chair, Historic 
Firestone Committee. 

Boards and Commissions 

Salvation Army Advisory Board; Gaston County United Way Board; N.C. Real Estate 
Commission (Past Chair); N.C. Economic Development Board. 

Honors and Awards 

1995 Realtor of the Year, Gaston County; 1996 Order of the Long Leaf Pme; 1975 
Distinguished Service Award, Gastonia Jaycees. 

Personal Information 

Married to Nan Blythe Falls Bridgeman. Four children. Member, First Presbyterian 
Church of Gastonia. 

Committee Assignments 

Vice-Chair, Education Subcommittee on Community Colleges; Member, Education, 
Finance, Financial Institutions, Small Business, State Parks and Properties, 
Transportation, UNC Board of Governors Nominating. 



537 



NORTH CAROLINA MANUAL 1999-2000 

John Walter Brown 

Republican, Wilkes County 

Forty-First Representative District: Wilkes, 
Yadkin and Portions of Alexander counties 

Early Years 

Born in Traphill, Wilkes Counly, on September 
12, 1918, to James Walter and Nora Blackburn 
Brown. 

Education 

Traphill High School, 1936; Appalachian State 
University, 1937; Virginia Trade School, 1940. 

Professional Background 

Farmer, Beef Cattle and Poultry. 

Political Activities 

Member, N.C. House, 1971, 1973-74, 1979-Present. 

Organizations 

N.C. Cattlemen's Association; Woodmen of the World; Farm Bureau; N.C. Grange. 

Military Service 

Private, Engineer Corps, U.S. Army, 1944-46, World War 11. 

Personal Information 

Married, Ruth Hanks Brown of Wilkes County on September 14, 1941. Two children. 
Two grandchildren. Member, Charity United Methodist Church. 

Committee Assignments 

Vice-Chair, Agriculture; Member, Environment and Natural Resources, Finance, 
Military, Veterans and Indian Affairs, Transportation, Select Committee on the Tobacco 
Setdement. 




538 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Harold James Brubaker 

Republican, Randolph County 

Thirty -Eighth Representative District: Portions 
of Randolph and Guilford counties 

Early Years 

Born in Mount Joy, Pennsylvania, on November 
11, 1946, to Paul N. and Verna 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- 
98; House Minority Leader, 1981-84; Joint Caucus Leader, Republican Members of 
the N.C. General Assembly, 1979-80); Co-Chairman, N.C. Reagan-Bush Committee, 
1980. 

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 and Awards 

Outstanding Young Men in N.C, 1981; Outstanding 4