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Full text of "North Carolina manual [serial]"

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THE COLI.FX TION OF 
NORTH CAROLINIANA 



C917.05 
N87m 

2001/2002 
C.2 



UNIVERSITY OF N.C. AT CHAPEL HILL 



00025326512 



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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. 



Form No. A-369 



The Gifting 



To add fair aspect to a state so fair 
Bids fair to seem as pointless as the actor's foil 

That scores a touch yet does no harm 
And gives a fleeting moment's grace 
To eternal drama taking place 
Within our Carolina landscape where 
The artist's toil 
Takes for its matter sea and mountain, city street and farm. 

The artist from God's Nature and his own nature takes 

Nothing away 
That is not given back in freshened guise 
To bring our minds and senses to consider 
How^ w^e might measure us to better 
Standard, as when a new light breaks 
Upon us from an unforeseeably brightened day 
And lifts habitual blindness from our eyes 



In our fair Carolina may we strive 
To find within our mind and spirit, flesh and blood 

Lineaments of that high ideal 

That Thomas Wolfe so arduously pursued, 
That Randall Jarrell recognized as real 

And everywhere most vividly alive. 

And may the artists bring their gifts of seeing 

To seemly Carolina's place of being 

Fred Chappell 
North Carolina State Poet laureate 



DEDICAIION 



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 $ 53,750.00 or $ 10.75 per copy. 

NOI^IH CAROLINA 



>2, 



North Carolina Department of the Secretary of State 

Executive 

Elaine F. Marshall North Carolina Secretary of State 

Rodney Maddox Chief Deputy Secretary of State 

George Jeter Director of Communications 

Publications Division 

Sam Stowe Director of Publications 

Linda Wise Editorial Assistant 

Cathy Moss Editorial Assistant 

mailing address 

NC Department of the Secretary of State 

PO Box 29622 

Raleigh NC 27626-0622 

Web site address 

www.sosnc.com 



SbCKblAkYOI-SIAIt 



A Message from the North Carolina Secretary of State 

For nearly a century, the North Carolina Manual has served as an accurate and 
thorough reference source for North Carohna state government and poUtics. In 
fact, I cannot think of another source for these topics as comprehensive as the one 
you are currentl)' holding in your hand. 

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

The North Carolina Manual also helps put a face on North Carolina itself for the 
many people outside our state who may wonder what kind of place North Carolina 
is and what its residents are like. Our state, as all of us know, enjoys a combination 



NORTH CAROLINA 





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of scenic beauty, diversity of natural resources and quality of living thai 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 politics, journalism, science, technology, business, 
industry, national defense and education. 1 think we will see, as this new century 
continues to unfold, that many of the solutions to the challenges facing us as a 
nation will first take root in North CaroUna. Our state, in man)' respects, is a ver)' 
humble, unpretentious giant. 

If this edition of the North Carolina Manual is your first exposure to our stale, 
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 limes over. Enjoy! 




Elaine F. Marshall 



N.C. Secretary of State 

bbCRETAl^YOhSIAlb 



Introduction 

l\\lKaiion by I'rccl Chappcll, North Carolina Slate Poet Laureate 2 

North Carolina Department oi the Secretar)' of State 5 

A Message tVom the North Carolina Secrelaiy of State 6 

North Carolina Photo Callery by Bill Russ 20 

Chapter one 

North Carolina's State S\'mbols 54 

Chapter two 

North Carolina's Beginnings 94 

Chapter three 

Our Constitutions: An Historieal Perspective 110 

Chapter four 

The Council ot State and the Executive Branch 173 

The Office of the Gox'ernor 181 

Nhchael ¥. Easley 186 

Office of the Lieutenant Governor 203 

Beverly Eaves Perdue 204 

Departnient of the Secretaiy of State 207 

Elaine E Marshall 212 

Office of the State Auditor 220 

Ralph Campbell, Jr 221 

Department of State Treasurer 224 

Richard H. Moore 229 

Department of Public Instruction 235 

Michael E. Ward 239 

Office of the Attorney General 242 

Roy A. Cooper 250 

Department of Agriculture and Consumer Services 258 

Meg Scott Phipps 268 



Department of Labor 271 

Cherie K. Berry 277 

Department of Insurance 280 

James Eugene Long 284 

Department of Administration 286 

Gwynn T. Swinson 293 

Department of Commerce 296 

James T. Fain, III 3Q3 

Department of Correction 306 

Theodis Beck 312 

Department of Crime Control and Public Safety 315 

Bryan E Beaty 324 

Department of Cultural Resources 326 

Lisbeth Evans 336 

Department of Environment and Natural Resources 338 

William G. Ross 348 

Department of Health and Human Services 351 

Carmen Hooker Odom 360 

Department of Revenue 362 

E . Norris Tolson 368 

Department of Transportation 371 

Walter Lyndo Tippett 381 

Office of the State Controller 383 

Robert L. Powell 384 

State Board of Elections 386 

Gary O. Bartlett 389 

Office of Administrative Hearings 390 

Office of State Personnel 392 

Thomas H. Wright 394 

Department of Juvenile Justice & Delinquency Prevention 396 

George L. Sweat 399 



"ABLE Oh CON I tN I S 



Chapter five 

The State Legislature ^+^^1 

George Rubin Hall, Jr 406 

2001 North Carolina Senate 409 

Marc Basnight 415 

Frank W Ballance, Jr 416 

Anthony E. Rand 417 

Patrick J. Ballantine 418 

Luther H.Jordan, Jr 419 

James S. Forrester, MD 420 

Charles W. Albertson 421 

Austin Murphy AUran 422 

Philipp E. Berger 423 

Stan Bingham 424 

Robert C. Carpenter 425 

John H. Carrington 426 

Charles Newell Carter, Jr 427 

Daniel G. Clodfelter 428 

Kames Calvin Cunningham 429 

Walter Harvey Dalton 430 

Charlie Smith Dannelly 431 

Virginia Foxx 432 

Linda Garrou 433 

John Allen Garwood 434 

Wib Gulley 435 

Kay Hagan 436 

Oscar N. Harris 437 

Fletcher Lee Hartsell, Jr 438 

Hamikon C. Horton, Jr 439 

Dav^d William Hoyle 440 

John Hosea Kerr, 111 441 

Eleanor Gates Kinnaird 442 

Howard N. Lee 443 

Jeanne Hopkins Lucas 444 

Robert Lafayette Martin 445 

William Nelson Martin 446 

Stephen Michael Metcalf 447 

Brad Miller 448 

Kenneth Ray Moore 449 



10 



2001 N.C. Senate (continued) 

Thomas LaFontaine Odom, Sr . 45Q 

Aaron Wesley Plyler 45^ 

William Robert Purcell, MD 452 

Eric Miller Reeves 453 

McDaniel "Dan" Robinson 454 

Robert Anthony Rucho 455 

Larry Shaw 455 

Robert G. Shaw 457 

Robert Charles Soles, Jr 458 

Alvin B . Swindell 459 

Scott E. Thomas 450 

Ed Nelson Warren 461 

Hugh B. Webster 462 

David Franklm Weinstein 463 

Allen Hewitt Wellons 464 

2001-2002 N.C. Senate Committees 468 

2001 N.C. House of Representatives 473 

James Boyce Black 483 

Joe Hackney 484 

Philip A. Baddour, Jr 485 

N. Leo Daughtr}^ 486 

Andrew Thomas Dedmon 487 

Beverly Earle 488 

William Franklin Mitchell 489 

Alma S. Adams 490 

Martha Bedell Alexander 4^)1 

Gordon Phillip Allen, Sr 492 

Gary D. Allred 493 

Gene Grey Arnold '♦■94 

Rex Levi Baker 495 

Bobby Harold Barbee, Sr 496 

Daniel Wilson Barefoot 497 

Jeffrey L. Barnhart 498 

Larry M. Bell 499 

Daniel T Blue, Jr 500 



TABLb Oh CON I bN I S 



2001 N.C. House of Rcprescnuuives (continued) 

John M. Blusi 501 

Donald Allen Bonner 502 

Joanne W. Bowie 503 

Flossie Boyd-Mclniyre 504 

Harold James Rruhaker 505 

Charles Franklin Buchanan 506 

J. Russell Lapps 507 

Margaret M. Carpenter 508 

Walter Greene Church, Sr 509 

Debbie A. Claiy 510 

Lorene Thomason Coates 511 

Edward Nelson Cole 512 

A. Leslie Cox, Jr 513 

James W Crawford, Jr 514 

Mark Crawford, Jr 515 

Billy James Creech 516 

Arlie Franklin Culp 517 

William T. Culpepper, 111 518 

William Pete Cunningham 519 

Donald Spencer Davis 520 

Michael Paul Decker, Sr 521 

Jerr)- Charles Dockham 522 

Ruih M. Easterling 523 

Rick Louis Eddins 524 

Zeno L. Edwards, Jr 525 

J. Samuel Ellis 526 

Theresa H. Esposito 527 

Milton E Fitch, Jr 528 

Stanley Harold Fox 529 

Pr)-or Allan Gibson, 111 530 

Robert Mitchell Gillespie 531 

George Wa)Tie Goodwin 532 

W Robert Grady 533 

L\'ons Gray 534 



12 



2001 N.C. House of Representatives (continued) 

Jim Gulley 5^5 

Robert Pliillip Haire 53^ 

John D. Hall '^[ 537 

Michael Harrington 33g 

Robert J. Hensley, Jr 539 

William S. Hiatt 54Q 

Dewey Lewis Hill 54I 

Mark Kelly Hinton 542 

L, Hugh Holliman 543 

George Milton Holmes 544 

Julia Craven Howard 545 

Howard J. Hunter, Jr 545 

John W Hurley 547 

Verla Clemens Insko 548 

Mary Long Jarrell 549 

Margaret A. Jeffus 550 

Linda P. Johnson 551 

Larry Thomas Justus 552 

Joe Leonard Kiser 553 

Marvin W. Lucas 554 

Paul Luebke 555 

Mary E. McAllister 556 

Daniel Francis McComas 557 

Willard Eugene McCombs 558 

Marian Nelson McLawhorn 559 

William Edwin McMahan 560 

Henry M. Michaux, Jr 561 

Paul Miller 562 

David Morris Miner 563 

Richard Timothy Morgan 564 

Amelia A.H. Morris 565 

Martin Luther Nesbitt, Jr 566 

EddNye 567 

Warren Claude Oldham 568 

William Clarence Owens, Jr 569 



FABLE Oh CON I bN I S 



2001 N.C. House of Representatives (continued) 

James Arthur Pope 570 

Jean Rouse Preston 571 

John M Rayfield 572 

Edward Da\id Redwine 573 

Richard Eugene Rogers 574 

Carol)'n B . Russell 575 

Drew Paschal Saunders 576 

Mitchell Smith Setzer 577 

Paul Wa)Tie Sexton, Sr 578 

Wilma M. Sherrill 579 

Fern H. Shubert 580 

Ronald Lynwood Smith 581 

Edgar Y Starnes 582 

Ronnie Neal Sutton 583 

WB. league, Jr 584 

Gregor}' James Thompson 585 

Joe R Tolson 586 

Russell E. Tucker 587 

Alice G. Underhill 588 

William L. Wamwright 589 

Trudi Walend 590 

R. Tracy Walker 591 

Alex Warner 592 

Edith D. Warren 593 

Nurham Osbie Warwick 594 

John Huch Weatherly 595 

Jennifer Weiss 596 

Thomas Roger West 597 

Shelly Willingham 598 

Constance K. Wilson 599 

William Eugene Wilson 600 

Lany W Womble 601 

Thomas Edward Wright 602 

Douglas Yates Yongue 603 

2001-2002 N.C. House Ceimmittees 607 

2003-2004 Senate Roster 615 

2003-2004 House Roster 617 



14 



Chapter six 

The Judicial Branch 523 

N.C. Supreme Court 53 1 

1. Beverly Lake, Jr 537 

Sarah E. Parker 533 

Robert Holt Edmunds, Jr 539 

Robert EOrr 540 

Mark D. Martin 641 

George L. Wainwright, Jr 642 

G.K. Butterheld, Jr 643 

Administrative Office of the Courts 644 

N.C. Supreme Court of Appeals 646 

Sidney Smith Eagles, Jr 646 

K. Edward Greene 647 

James Andrew Wynn, Jr 648 

John Charles Martin 649 

Ralph A. Walker 650 

Linda M. McGee 651 

Patricia Timmons-Goodson 652 

Robert Carl Hunter 653 

John Douglas McCullough 654 

Robin E . Hunter 655 

John Marsh Tyson 656 

Hugh B. Campbell, Jr 657 

Albert S. Thomas, Jr 658 

Loretta Copeland Biggs 659 

Wanda G. Bryant 660 

N.C. Superior Court Judges 661 

N.C. District Court Judges i^(^-+ 

N.C. District Attorneys <^71 



TABLt Oh (.ON I bN I S 



2^ Chapter seven 

L NC Sxsicni Colleges and I'niversilies 675 

Mollv Corbell Broad 678 

Appalachian Stale U ni versily 680 

Francis T. Borkowski 681 

Easi Carolina Uni\'ersily 682 

Richard Ronald Eakin 693 

lilizabeih Cii\' Stale University 684 

Mickey L. Burnini 685 

Fayelteville State University 687 

Willis B. McLeod 689 

N.C. Agricultural and Technical Slate University 690 

Dr. James Carmichael Renick 691 

North Carolina Central University 693 

James H. Amnions 695 

N.C. School of the Arts 697 

N.C. Slate University 698 

Maiye Anne Fox 703 

University of North Carolina at Asheville 705 

James Hayes Mullen 706 

University of North Carolina at Chapel Hill 707 

Dr. James Moeser 712 

University of North Carolina at Charlotte 713 

lames H. Woodward 715 



16 



University of North Carolina at Greensboro 716 

Patricia A. Sullivan 719 

University of North Carolina at Pembroke 720 

Dr. Allen C. Meadors 722 

University of North Carolina at Wilmington 723 

James R. Leutze 724 

Western Carolina University 725 

John William Bardo 726 

Winston-Salem State University 728 

Harold L. Martin, Sr 729 

Chapter eight 

N. C. Community College System 731 

H . Martin Lancaster 733 

Chapter nine 

Private Colleges and Universities 781 

Chapter ten 

North Carolina Political Parties 787 

2002 Democratic Party of North Carolina Platform 787 

2002 Libertarian Party of North Carolina Platform 811 

2002 Republican Party of North Carohna Platform 819 



lABLbOhLuNltNIS 



Chapter eleven 

United Slates Governmcni 833 

Constitution of the I'nited States 845 

Amendments to the LIS. Coiistitution 856 

George Walker Bush 866 

Richard B. Cheney 867 

One Hundred and Sex'enth U.S. Congress 871 

Jesse Hehrrs 872 

John Edwards 873 

House ot Representatives 874 

Eva McPherson Clavton 875 

J 

Bob Ethendge 876 

Walter B. Jones, Jr 877 

David Eugene Prtce 878 

Richard Burr 879 

J. Howard Coble 880 

Mike Mclntyre 881 

Robin Cannon Hayes 882 

Sue Myrick 883 

Thomas Cass Ballenger 884 

Charles H. Taylor 885 

Melvm Watt 886 

United Slates Judiciary 887 

United States District Court m North Carolina 888 

James Carroll Fox 889 

Malcolm Jones Howard 890 

W Earl Brut 891 

N. Carlton Tilley, Jr 892 

Frank William Bullock, Jr 893 

William L. Osleen 894 

James A. Beaty, Jr 895 

Richard Cannon Erwin 896 

Hiram Hamilton Ward 897 



18 



Graham C. Mullen 898 

Richard Lesley Voorhees 899 

Lacy H. Thornburg 900 

Robert D. Potter 901 

Chapter twelve 

Counties and Their Governments 903 

Chapter thirteen 

Elections and Voting Records 960 

The North Carolina Electoral College 964 

North Carolina Voter Registration - 2002 968 

2000 General Election for U.S. President 976 

2000 General Election for U.S. House of Representatives 980 

2000 General Election for Governor 988 

2000 General Election for N.C. Council of State 992 

2002 Primaries for U.S. Senate 994 

2002 Primaries for U.S. House of Representatives 1010 

2002 General Election for U.S. Senate 1014 

2002 General Election for U.S. House 1019 

Chapter fourteen 

North Carolina Population Data 1029 

2001 Certified County Population Estimates 1032 

2000-2009 Projected Annual County Population 1040 

2001 Municipal Population Estimates 1048 

Chapter fifteen 

Foreign Consuls in North Carolina 1069 



TABLb Oh 




For nearly 20 years, the \isual images that shape the worlds perceptions of what 
North Carolina looks like and what it means to be a North Carolinian have been 
products of the artistic genius of Bill Russ. Russ, a North Carolina native, works 
for the N.C. Department of Commerces Division of Tourism, Film and Sports 
Development. His brief is a simple one: use his remarkable gifts as a 
professional photographer to capture the very essence of our state ~ every square 
inch of it — and present it to the world. Russ sees himself as a "reporter of visual 
scenes." He adds succinctly, "I capture and document." For North Carolina, 
though, Russ' eye for detail, texture and stoiy has forged an impressive \dsual 
record of all of North Carolina, from the mountains to the Piedmont and the 
coast. The North Carolina Manual is honored to provide a show of his work m 
this years edition. 




NORTH CAROLINA POWDER SKIING 



NORTH CAROLINA 



20 




WRIGHT BROTHERS MEMORIAL AT KITTY HAWK 



PHO T O GALLERV 



NORTH CAf^OLINA 



HISTORIC BETHABARA 




22 



PHOTO GALLERY 




SEA KAYAKING 





R-M'vaiSfTS*/?*. 



FOOTHILLS EQUESTRIAN CENTER, TRYON 



NORTH CAROLINA 



24 




NORTH CAROLINA SANDHILLS GOLF 




BUILDING SAND CASTLES ON THE BEACH 



PHOTO GALLtRY 



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GUILFORD COURTHOUSE NATIONAL MILITARY PARK 




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PHOTO GALLERY 



STATE AQUARIUM, FORT FISHER 




FOLKMOOT USA, WAYNESVILLE 





WESTBEND VINEYARDS 



NORTH CAI^OLINA 




SEAGROVE POTTERY 



mOIOGALLbk 




NORIH CAROLINA 



CHEROKEE INDIAN RESERVATION 




3 



PHOTO (jALlERY 



WILMINGTON RIVERFRONT 





NORTH CAROLINA TRANSPORTATION MUSEUM, SPENCER 



— NORIH CAkOUNA 




MAST GENERAL STORE 



TROTO UALLthfY 



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NOKIH CAROLINA 



SOMERSET PLANTATION, CRESWELL 




PHOTO GALLERY 



N.C. AQUARIUM, PINE KNOLL SHORES 




SHOPPING IN CASHIERS 





PEARSON'S FALLS 




PISGAH NATIONAL FOREST 



"~ — NORTH CAf^OUNA 



36 




N.C. ZOOLOGICAL PARK, ASHEBORO 




AMERICAN DANCE FESTIVAL 



PHOIO GALLtRT 



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NORTH CAf^OLINA 



MOUNTAIN APPLE STAND 




38 



PHOTO GALLERY 



N.C. MUSEUM OF ART, RALEIGH 





DUKE CHAPEL, DURHAM 



NORTH CAf^OLINA 



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ARTSPACE, RALEIGH 







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'UNTO THESE HILLS" OUTDOOR DRAMA, CHEROKEE 



NORTH CAROLINA 



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N.C. CRAFTSMAN 




PENLAND SCHOOL OF CRAFTS 

PRDTD OTECERY 



NOI^IH CAROLINA 



RAVEN ROCK STATE PARK, LILLINGTON 




PHOTO GALLERY 



CAPE HATTERAS LIGHTHOUSE 




FISHING ON THE OUTER BANKS 





N.C. MOTORSPORTS 



NORTH CAnOETNA 




OCONALUFTEE INDIAN VILLAGE 



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UNION GROVE 



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Note: All photographs in this section were 
taken by Bill Russ. We would like to thank 
Russ and the Division of Tourism, Film and 
Sports Development, N.C. Department of 
Commerce, for allowing us to re-prim these 
photographs in the North Carolina Manual 



PHOIO GALLbRY 



NORTH 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 m the world, North 
Carolinas state government has selected a wide array of official state s>Tnbols. Some 
of these symbols, such as the state seal, are historic reUcs that played an important 
legal role earlier in the states history Others are synibols chosen by the N.C. General 
Assembly to promote important North Carohna products, natural resources and 
human achievements. Some symbols are literally larger than life, particularly such 
historic state buildings as the North Carohna Capitol, the N.C. Legislature Building 
and the Executive Mansion, the official residence of North Carolinas governor. All 
North Carolina symbols share one important function, namely reminding North 
Carolinians and the rest of the world of our states cultural character, natural wonders 
and rich history. 

The Great Seal of the State of North Carolina 

The state seal is probably the oldest olficial state symbol. A seal for impoiiani 
documents was used before a state government was organized in North Carolina. 
During the colonial period North Carolina used four different seals in succession. 
Since independence, the state has used six different versions of the seal. 



i> I Alb SYMBOLS 



NORTH CAROLINA MANUAL 2001-2002 





Provincial Seal 1730-1767 



Provincial Seal 1767-17/6 



56 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




^hj 




State Seal 1779-1794 



State Seal 1794 -1836 



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 Office in London. The seal had two sides and was 3 and 3/8 
inches in diameter. The mipression was made by bonding two wax cakes together 
with tape before being impressed. The finished impression was about a quarter- 
mch thick. This seal was used on all official papers of the Lords Proprietor of 
Carolina, which at the time included all of the territor}' mside the current borders of 
both North Carolina and South Carolina. 

When the Government of Albemarle was organized in 1665, it adopted for a 
seal the reverse side of the seal of the Lords Proprietor. Between the coat of arms, 
the word A-L-B-E-M-A-R-L-E was fixed in capitals beginning with ihc kntcr "A" 
between the Craven arms and those of Lord John Berkeley. The Albemarle seal was 
small, only 1 and 7/16 mches in diameter, and had only one face. The seal was 
usually impressed on red wax, but was occasionally imprinted on a wafer stuck to 
the instrument with soft wax. The government for Albemarle County was the first 
to use the seal. As the colony grew, it became the seal of the entire Province of North 
Carolina. It continued in use until just after the purchase of North Carolina by ihc 
crown. 



57 



NORTH CAROLINA MANUAL 2001-2002 




State Seal 1836 - 1893 



State Seal 1893-1971 



During ihe troublesome times of the Caiy Rebellion, the Albemarle seal was 
not used. Instead, Caiy used his tamily arms as a seal for oflicial papers. William 
Glover used his private seal during his presidency as well. 

When North Carolina became a royal colony m 1729, the old "Albemarle" seal 
was no longer applicable. On February 3, 1730, the Board of Trade recommended 
that the king order a public seal for the Province of North Carolina. Later that same 
month, the king approved the recommendations and ordered that a new seal be 
prepared for the governor of North Carolina. On March 25, the Board of Trade 
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" v/as to be substituted for the original "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 m 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 
the new seal was made by placing two cakes or layers of wax together, then interlacing 
ribbon or tape with the attached seal between the wax cakes. It was customar)' 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 m diameter and from 1/2 to 5/8 inches thick 
and weighed about 5 and 1/2 ounces. 



58 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 





State Seal 1971 - 1984 



State Seal 1984 - present 



At a meeting of the council held in New Bern on December 14, 1767, Governor 
Tryon produced a new great seal of the province with His Majesty's Royal Warrant 
from the Court of St. James bearing the date of the 9th day of July 1767. The old 
seal was returned to his Majesty's Council office at Whitehall in England. 
Accompanying the warrant was a description of the new seal with instructions that 
the seal be used to seal all patents and grants of lands and all public instruments 
passed in the kings name for service within the province. It was 4 inches in diameter, 
1/2 to 5/8 inches thick, and weighed 4 and 1/2 ounces. 

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

Lord Granville, after the sale of the colony by the Lords 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 Governor Martin to the Earl of 
Hillsborough in November, 1771, in which he recounts the broken condition of 
the seal. He states the seal had been repaired and though "awkwardly mended. . . |ii 
was] in such manner as to answer all purposes." 



59 



NORTH CAROLINA MANUAL 2001-2002 

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

On December 22, 1776, the Provincial Congress at Halifax appointed William 
Hooper, Joseph Hewes and Thomas Burke as commissioners to procure a seal for 
the state. There is no record, however, that the commission ever made a report. The 
congress authorized the governor to use his "private seal at arms" until a great seal 
for the state was procured. A bill to do just that became law on May 2, 1778. The 
legislation appointed William Tisdale, Esq., to cut and engrave a seal for the state. 
On Sunday, November 7, 1779, the Senate granted Tisdale £150 to make the seal. 
The seal procured under this act was used until 1794. The actual size of the seal 
was 3 inches in diameter and 1/4 inch thick. It was made by putting two cakes of 
wax together with paper wafers on the outside and pressing them between the dies, 
thus forming the obverse and reverse sides of the seal. An ofhcial description of this 
seal cannot be found, but many of the seals still in existence are m an almost perfect 
state of preservation. 

In January, 1792, the General Assembly authorized a new state seal, requiring 
that It be prepared with only one side. Colonel Abisha Thomas, an agent of North 
Carolina commissioned by Governor Martin, was m 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. 



60 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

The seal press for the old seal had proved unwieldy due to its two-sided nature 
and large diameter. Governor Richard Dobbs Spaight in a letter to Colonel Abisha 
Thomas in February, 1793, wrote: "Let the screws by which the impression is to be 
made be as portable as possible so as it may be adapted to our present itinerant 
government. The one now in use by which the Great Seal is at present made is so 
large and unwieldy as to be carried only in a cart or wagon and of course has 
become 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 m time for the meeting of the legislature in November, 1793, at which 
session it was "approbated." The screw to the seal was 2 and 1/2 inches in diameter 
and was used until around 1835. 

In the winter of 1834-35 the legislature enacted legislation authorizing the 
governor to procure a new seal. The preamble to the act stated that the old seal had 
been used since the first day of March, 1793. A new seal, which was very similar to 
its predecessor, was adopted in 1835 and continued in use until 1893. In 1868, 
the legislature authorized the governor to procure a new replacement seal and required 
him to do so whenever the old one was lost or so worn or defaced that it was unfit 
for use. In 1883, Colonel S. McD. Tate introduced a bill that described in more 
detail what the seal should be like. In 1893, Jacob Battle introduced a bill to add 
the state motto, "Esse Quam Videri," to the foot of the state's coat of arms and the 
words "May 20, 1775," to the top of the coat-of-arms. By the late 19th and early 
20th century, the ship that appeared in the background of the early seals had 
disappeared. The North Carolina mountains formed the only backdrop on the seal. 

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

The Governor shall procure of the State a Seal which shall be called the 
Great Seal of the State of North Carolina, and shall be two and one-ciuarier 
inches in dianieter, and its design shcdl be a representation oj the jigures oj 
Liberty and Plenty, looking toward each other, but not more than half-fronting 



61 



NORTH CAROLINA MANUAL 2001-2002 





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each other and otherwise disposed as follows: Liberty, the first figure, standing, 
her pole with cap on it in her left hand and a scroll with the word "Constitution" 
inscribed thereon in her right hand. Plenty, the second figure, sitting down, her 
right arm half extended toward Liberty, three heads of grain in her light hand, 
and in her left, the small end oj her horn, the mouth of which is resting at her 
feet, and the contents oj the horn rolling out. 

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

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

The laie Julian R. Allsbrook, who served m the North CaroHna Senate for many 
years, feh that the adoption date of the HaUfax Resolves ought to be commemorated 



62 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

on the state seal as it was already on the state flag. This was to "serve as a constant 
reminder of the people of this states commitment to liberty." Legislation adding the 
date "April 12, 1776" to the Great Seal of the State of North Carolina was ratified 
May 2, 1983, with an effective date of January 1, 1984. Chapter 257 of the 1983 
Session Laws of North Carolina included pro\isions that would not invalidate any 
Great Seal of the State of North Carolina m use or on display Instead replacement 
could occur as the need arose. 

North Carolina State Flag 

Flags developed from the earliest recorded human histor)' 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 divme origins and supernatural powers have largely 
disappeared. Flags now, the world over, possess the same meaning as a s)Tnbol of 
strength, unity, spirit and patriotism. In addition to our national flag, each stale in 
the U.S. has a state flag that symbolizes its own individual character. State flags also 
express a particular trait or commemorate some specific, important historical event 
in state history. Most state flags consist of the states official coat of arms superimposed 
upon a suitably colored field. 

Legislative records indicate that an official state flag for North Carolina was not 
established or recognized until 1861. The constitutional convention of 1861, which 
passed the ordinance of secession, adopted a state flag. On May 20, 1861, the day 
the secession resolution was adopted, Col. John D. Whitford, a member of the 
convention from Craven County introduced an ordinance to create a state flag. The 
ordinance specified that 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 submiued a model lo ihc 
committee and the convention approved Browne's design on June 22, 1861. The 
Browne model differed significantly from the original design proposed by Colonel 
Whitford. The law creating the new state flag included this description: 

The Flag oj North Cayolina shall consist oj a rcdjidd with a white star in 
the centre, and with the inscription, above the star, in a semi-circular form, of 
"May 20th, 1775," and below the star, in a semi-circular form, of "May 20(h, 
1861." That there shall be two bars of equal width, and the length of the jield 
shall be equal to the bar, the width oj the field being equal to both bars: the first 
bar shall be blue, and second shall be white: and the length oj the flag shall be 
one-third more than Us width. [Ratified the 22nd day of fime, 1801 j 



63 



NORTH CAROLINA MANUAL 2001-2002 

This state flag was issued to North Carolina regiments of state troops during 
the summer of 1861 and borne by them throughout the war. It was the only flag, 
except the national and Confederate colors, used by North Carolina troops during 
the Civil War. This version of the flag existed until 1885, when the General Assembly 
adopted a new design. General Johnstone Jones introduced the bill to redesign the 
state flag on February 5, 1885. The measure passed its hnal reading one month 
later after little 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 consist of a blue union, containing 
in the centre thereof a white star with the letter N in gilt on the left and the letter C 
in gilt on the right of said star, the circle containing the same to be one-third the 
v/idth 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; that the length of the bars 
horizontally shall be equal to the perpendicular length of the union, and the total 
length of the flag shall be one-third more than its width. 

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

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

It is interesting to examine the significance of the dates found on the flag. The 
first date, "May 20, 1775," refers to the Mecklenburg Declaration of Independence, 
although the documents authenticity was in question at the time (and remains so). 
The second date appearing on the state flag of 1861, "May 20th, 1861," 
commemorated North Carolina s secession from the Union. When a new flag was 
adopted m 1885, this date was replaced with "April 12th, 1776" to commemorate 
the Halifax Resolves, which had placed North Carolina m the ver)' front ranks of 
those colonies fighting for independence from Britain. 

From 1885 to 1991, there was no change m our state llag. 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. Pubhc 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. 



64 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Cardinal - North Carolina State Bird 

The cardinal was selected by popular choice as North Carolina's official 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 of 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 
female cardinal is much duller in color with the red confined mostly to the crcsl, 
wings and tail. There are no seasonal changes in the cardinals plumage. 

Male and female cardinals alike are renowned as a song birds. The cardinals 
nest tends to be a rather an untidy affair built of weed stems, grass and similar 
materials in low shrubs, small trees or bunches of briars, generally not over four 
feet above the ground. Cardinals in North Carolina typically set three eggs each 
spring. Further north, cardinals tend to set four eggs in spring. Seeds arc the mainstay 
of the cardinals diet, but it will also eat small fruits and insects. 



65 



NORTH CAROLINA MANUAL 2001-2002 




The Dogwood - North Carolina State Flower 

The General Assembly of 1941 designated the dogwood as the State Flower 
(Public Laws, 1941, c. 289; G.S. 145-1). The dogwood is one of the most prevalent 
trees in our state and can be found m all parts of the state from the mountains to the 
coast. Its blossoms, which appear in early spring and continue on into summer, are 
most often found in white, although shades of pink (red) are not uncommon. 



66 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 



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The Honey Bee - North Carolina State Insect 

The General Assembly of 1973 designated the industrious honey bee as the 
ofticial 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 Carohna Department of Agriculture estimates that, in 1998, 
North Carohna had nearly 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. of honey that year, a statewide honey output estimated 
for the year at 472,000 lbs. However, the greatest value of honey bees is their role 
in the growing cycle as a major contributor to the pollination of North Carolina 
crops. 



67 



NORTH CAROLINA MANUAL 2001-2002 




Tlie 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 m 
North Carolina, as well as the most important one in 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 — resm, turpentine and timber — needed by British and American 
merchant mariners and the navies of both nations came from North Carolina. North 
Carolina remains a major cultivator of pme trees and producer of 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 of Agriculture 
estimates that the states 1,600 commercial evergreen growers sold $92 million 
worth of Christmas trees, wreaths, roping and greenery m 1998. Most of the states 
Christmas trees are raised in Ashe, Avery, Alleghany Watauga and Jackson counties 
m the North Carolina mountains. 



68 



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 official State 
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- 
dwelling rodent thrives equally well in an "untouched wilderness" environment and 
m urban areas and suburbs. To the delight of hikers and park dwellers alike, this 
furry creature is extremely active dunng 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 squirrel 
(Tamiascurus) whenever the two species meet. The gray squirrel is not a picky eater. 
During the fall and winter months, it survives on a diet of hardwoods, with acorns 
providing most of its carbohydrates and proteins. In the spring and summer, its diet 
consists of "new growth and fruits" supplemented by early corn, peanuts and the 
occasional insect. Many squirrels in cities supplement their natural diet with raids on 
bird feeders. 



69 



NORTH CAROLINA MANUAL 2001-2002 

State Toast 

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

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

The summer land where the sun doth shine, 

Where the weak grow strong and the strong grow great, 

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

Here's to the land of the cotton bloom white. 
Where the scuppemong perfumes the breeze at ni^t, 
Where the soft southern moss and jessamine mate, 
'Neath the murmuring pines of the Old North State! 

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

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



State Motto 

The General Assembly of 1893 (Chapter 145) adopted the words "Esse Quam 
Viden" 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 of the State of North Carolina. "Esse Quam Viden" means "to be rather than 
to seem." Nearly every U.S. state has adopted a motto, generally in Latin. North 
Carolinas motto is quoted from Ciceros essay on friendship (Cicero, dc Ammcitia, 
Chapter 26). Until the 1893 act. North Carolina had no motto. It was one of the few- 
states which did not ha\'e a motto and the only one of the original thirteen without 
one. 



70 



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 Stale 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 stale. These minerals include 
some of the most valuable and unic[ue gems in the world. 

The largest emerald ever found m North Carolina was 1,438 carats and was 
found at Hiddenite, near Statesville. The Carolina Emerald, now owned b)' Tiffany 
& Company of New York, was also found at Hiddenite m 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. 



71 



NORTH CAROLINA MANUAL 2001-2002 




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 m 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 m 
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 that recreational anglers landed 64,782 channel bass totaling 
326,573 lbs. m 1999. 



72 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Scotch Bonnet - North Carolina State Shell 

The General Assembly of 1965 designated the Scotch Bonnet (pronounced bonc- 
AY) as the official State Shell (Session Laws, 1965, c. 681). A colorful and beautifull)-- 
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. 



73 



NORTH CAROLINA MANUAL 2001-2002 




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 
natures 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. 



74 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




Granite - North Carolina State Rock 

The General Assembly of 1979 designated granite as the official State Rock 
(Session Laws, 1979, c.906). North Carolina has been blessed with an abundant 
source of "the noble rock,'' granite. The largest open-face granite quarr>' in the world, 
measuring one mile long and 1,800 feet in width, Hes near Mount Air)' in Surr)- 
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 surfaces are necessary North Carolina granite has been used for many 
magnificent edifices of government throughout the United States such as the Wright 
Brothers Memorial at Kitty Hawk, the gold depositoiy at Fort Knox, the Arlington 
Memorial Bridge and numerous courthouses throughout the land. Granite is a symbol 
of strength and steadfastness, quaUties characteristic of North Carolinians. 



75 



NORTH CAROLINA MANUAL 2001-2002 




Milk - North Carolina State Beverage 

The General Assembly of 1987 adopted milk as the official State Beverage (Session 
Laws, 1987, c. 347). In makmg milk the official state beverage, North Carolina 
followed many other states, including its immediate neighbor to the north, Virginia, 
and Wisconsin, the nations number one dairy state. The states dairy farmers produced 
127 million gallons of milk m 1998. The annual income from this production 
amounted to nearly $209 million m 1998. North Carolinians consume over 143 
million gallons of milk every year. 



76 



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 it 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 ot 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 Hatteras. The North Carolina Maritime Museum in Beaufort also has a 
shad boat in its historic boat collection. 



77 



NORTH CAROLINA MANUAL 2001-2002 




The Plott Hound - North Carolina State Dog 

The Plott hound was adopted as our official State Dog on August 12, 1989 
(Session Laws of North Carolina, 1989 c. 773; G.S. 145-13). The Plott hound 
originated m 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 bnndle-colored coat and a spme- 
tmgling, bugle-like call. It is also only one of four breeds known to be of American 
origin. 



78 



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 \itamins 
A and C, as well as being low in fat. North Carolina is the largest producer of swcei 
potatoes m the United States. According to the N.C. Department of Agriculture, 
North Carolina growers raised 3.77 billion lbs. of sweet potatoes in 1999. Thai 
years crop generated $44 million in cash receipts. 



79 



NORTH CAROLINA MANUAL 2001-2002 

State ISame and Nicknames 

In 1629, King Charles I of England "erected into a province;' all the land h"om 
Albemarle Sound on the north to the St. Johns River on the south, which he directed 
should be called Carolina. The word Carolina is from the word Carolus, the Latin 
form of Charles. When Carolina was divided m 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 CaroHna was best-known for products derived 
from pme 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 m 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 m panic. The North Carolina regiments holding the line next to the 
shattered Virginia regiment, however, held their ground, stemming the Union Armys 
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, hoys?" 

Quick as a flash came the answer: 

"No, not a hit, old Jeff's hought 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 hless the Tar Heel hoys," and that the name stuck to all North Carolina 
troops serving m 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 Vv^alter Clark). 

State Colors 

The General Assembly of 1945 declared the shades of red and blue found m the 
North Carolina state flag and the United States flag as the offlcial State Colors. 
(Session Laws, 1945, c.878). 



80 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 



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peace, love and 



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Siaiz Song 

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



81 



NORTH CAROLINA MANUAL 2001-2002 




State Capitol 

The North Carolina State Capitol is one of the finest and best-preser\'ed examples 
of Greek Revival architecture incorporated m a civic building. Prior to 1792, North 
Carolina legislators met in various towns throughout the state, gathering most 
frequently 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 Carolinas state government in 1792, a two-story brick 
State House was built on Union Square and opened in 1796. 

The State House was enlarged between 1820 and 1824 by state architect William 
Nichols. The project added a third floor, eastern and western wings and a domed 
rotunda at the 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 of the old State House. The new Capitol would be a cross-shaped 



82 



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, hi 
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 bom in 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 Da\is as 
the project architect m early 1835. The Capitol was completed under Patons 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 carctulK' 
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 lollows the 
Ionic Order of the Erechtheum. The only non-classical parts oi the building are two 
large rooms on the third floor which were finished in the Gothic st\-le 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) ol 



83 



NORTH CAROLINA MANUAL 2001-2002 

$532,682.34 — an equivalent of more than three times the states yearly general 
revenues at the time. 

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

A thorough renovation of the Capitol m 1971 replaced the leaky copper roof, 
cleaned and sealed the exterior stone and repainted the rotunda. More recent 
preser\^ation 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 of the interior. 

In 1970 the state acquired a duplicate of the original marble statue of Washington 
by Canova, which is located in the rotunda of the Capitol. In niches around the 
rotunda are busts of three North Carolina governors — John M. Morehead, William 
A. Graham, and Samuel Johnston — and United States Senator Matthew W Ransom. 
During late 1988 and early 1989, extensive 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 II and the Vietnam War 
were also added m 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 
pubhc on weekends with guided tours available. 



84 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




Legisladxe Building 

In 1959, the General Assembly appropriated funds for the construction of a 
new legislative building. The new facility was needed to accommodate a growing 
legislative branch and provide adequate quarters for legislators and staff. The act 
created a building commission of seven people: two who had served in the N.C. 
Senate and were appointed by the president of the Senate; two who had served in 
the N.C. House of Representatives and were appointed by the speaker of the 
House; and three appointed by the governor. 

The commission chose Edward Durell Stone of New York and John S. Holloway 
and Ralph B. Reeves, Jr., of Raleigh as architectural consultants for the project. After 
a thorough study, the commission selected a 5.5-acre site one block north 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 



NORTH CAROLINA MANUAL 2001-2002 

the new building were received in December, 1960, and construction began m 
early 1961. 

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

The consulting architects provided this detailed description of the new building: 

The State Legislative Building, though not an unitation of historic classical 
styles, is classical in charactey. Rising from a 3-iO-foot wide podium of North 
Carolina granite, the building proper is 242 feet sciuare. The walls and the 
columns are oj Vermont nmrble, the latter forming a colonnade encompassing 
the building and reaching 2-1 feet from the podium to the roof of the second floor 

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

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

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

The five 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 oj the roojs are visible in the pointed ceilings 
inside. The structural libs form a coffered ceiling; and inside the coffered patterns 
are concentric patterns oudined in gold. In each chamber, the distance fiom the 
Jloor to the peak of the ceiling is ~15 feet. 

Chandehers in the chambers and the main stair are 8 feet in diameter and 



86 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

weigh 625 pounds each. The 12-foot diameter chandelier of the rotunda, like 
the others, is of brass, but its weight is 750 pounds. 

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

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

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

Renovations to the Legislative Building m 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 mo\'ed 
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 ihe North Carolina 
Museum of History and the new North Carolina Museum ol Natural History, which 
opened in April, 1999. 



87 



NORTH CAROLINA MANUAL 2001-2002 




Executive Mansion 

North Carolina has not always provided an official home for its governors and 
their families. Prior to 1770, the governor lived wherever he chose at his own 
expense. It was not until 1767 that the General Assembly authorized the construction 
of the first permanent official residence. Designed by English architect John Hawks 
and built between 1767 and 1770, Tryon Palace m New Bern, named for Royal 
Governor WiUiam Tryon, became one of the most admired public structures m 
North America. Try-on Palace, however, served as a formal gubernatorial residence 
for only a short time. Abandoned by Tryon when the Revolution erupted, the palace 
was adopted as the new states capitol. A fire in 1798 leveled the entire structure 
except for the west wing. The present structure, a popular historic attraction m 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 seat of state government m 
1792, the legislature enacted a law requiring the governor to reside there. Samuel 



88 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

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

The General Assembly took steps to provide a suitable dwelling for the 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 office 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 thai 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 cynically 
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 in 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 
only 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 m 1891, chief executives and their families rented houses or hotel rooms 
in Raleigh. Two governors of the period simply continued to li\c in their own 
homes. From 1871 to 1891, a noted Raleigh hotel, the Yarborough House, served 
as the unofficial residence for several governors. 



89 



NORTH CAROLINA MANUAL 2001-2002 

Governor Vance was re-elected to office m 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 m 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 m 1883, thanks to the efforts and perseverance of Governor Thomas J. 
Jarvis (1879-1885). The legislature authorized construction of a house on Burke 
Square, provided some furnishings and required the governor to 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 feasible. 

The penitentiaiy board, realizing the law required it to turnish the major portion 
of labor and materials for the Executive Mansion, authorized the warden to make a 
contract for $25,000. The Council of State accepted this arrangement. Two months 
after passage of the bill, the Council of State met with the governor to discuss 
hnancmg 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 super\ision of the state auditor. 

David Paton, who had supervised the completion of the state capitol nearly half 
a century earUer, 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, Gustavus Adolphus Bauer, 
as project architects. Sloan delivered his proposed designs to the committee 
personally when he arrived in Raleigh on April 28, 1883. The plans called for a 
three-story. Queen Anne-style building. On May 7, the committee accepted Sloans 
designs with minor modihcations. 

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

The mansion was hnished in late 1890, but Governor Daniel Fowle (1889- 
1891) did not move m until early January, 1891. He was particularly anxious to 



90 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

occupy the house in view of earlier attempts to abandon it as a residence for the 
governor. Fowle brought his own furniture to the mansion, setting a precedent 
followed for many years before the house was adequately furnished. Much of the 
money originally set aside to furnish the mansion had been siphoned off to cover 
mounting construction costs. 

Elias Carr was the ftrst governor to live in the mansion for a full four-year term 
(1893-1897). Like his predecessors, he found the house in need of furnishings 
and repairs. The legislature allocated funds m February, 1893, to complete the 
mansion and make interior 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. McLeans residence 
m 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 hailed 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 Health inspection report issued 
in February, 1925, shortly after McLeans inauguration. The inspection report was 
starding, noting that the management of a hotel receiving such a bad rating would 
be subject to criminal indictment. The principal deductions in scoring were for 
uncleanlmess. Dust pervaded the mansion, covering the woodwork, filming the 
furniture and stifling the air. Governor Fowles contemporaries had described clouds 
of dust billowing up from the floor with every footstep. The first floor walls and 



91 



NORTH CAROLINA MANUAL 2001-2002 

Hoors were unsound and ihe ornate plasterwork was disintegrating in some areas. 
The upstairs floors, composed of uneven, shoddy boards, had half-inch cracks. 

The architectural tirm of Atwood and Nash carried out extensive renovations to 
the mansion. Their work vastly improved the mansion, saving it from further 
deterioration and correcting many of the defects caused by the use of prison labor 
and materials m the original construction. A newspaper account, lauding Governor 
McLeans accompHshments, claimed that renovating a building considered eligible 
for demoHtion had saved the state more than a third of a million dollars. 

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

A legislative appropriation of $58,000 in the late 1960s financed renovation of 
the institutional kitchen facilities, providing a new food freezer, expansion of the 
food preparation area to the basement and a dumbwaiter-conveyor belt system to 
move trays from the first floor. Extension of the garage area, landscaping and lighting 
of the grounds contributed to the efficiency and beauty of the mansion. For added 
security, a decorative brick and wrought iron wall v/as constructed around the 
perimeter of Burke Square m early 1969. 

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



Original state symbols art work by Angela Davis. 
92 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER 



ONE 



93 



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. But the state's first inhabitants left behind tangible 
signs of their existence, including sites as large and impressively engineered as the 
Town Creek Mound m 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, Iroquoian and Siouan- 
speaking tribes such as the Tuscarora and the Catawba were more oriented toward 
the Southeastern cultural tradition. North Carolinas mountains were the homeland 
of the Cherokee tribe, Iroquoian 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 avoid capture and 
relocation still live today m 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 Florentine navigator named Giovanni da Verrazano, in the 
service of France, explored the coastal area of North Carolina between the Cape 
Fear River area and Kitty Hawk. A report of his findings was sent to Francis I, and 
published m Richard Hakluyts Divers Voyages touc/iini^ the Discoverie of Amenea. 
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 setdements 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 the 1580s under a 
charter granted by Queen Elizabeth to Sir Walter Raleigh. The first colony established 
in 1585 under the leadership of Ralph Lane, ended in failure. A second expedition 
under the leadership of John White began m the spring of 1587 when 110 settlers, 
including seventeen women and nine children, set sail for ihc new world. 1 he 
White Colony arrived near Hatteras m June, 1587, and went on lo Roanoke Island, 



CAROLINA'S BEGINNINGS 



NORTH CAROLINA MANUAL 2001-2002 

where they found the houses built b\' Ralph Lanes expedition still standing. Two 
significant ex'ents occurred shortly after the colonists" arri\al — two friendly Indians 
were baptized and a child was born. Virginia Dare was the first child born to English- 
speaking parents m the new world. 

The colonists faced many probfems. With supplies running short. White was 
pressured to return to England for pro\'isions. Once m England, W'hite was unable 
to immediatel)' return to Roanoke because of the impending attack by the Spanish 
Armada. When he was finally able to return m 1590, he found only the abandoned 
remnants of what was once a thriving settlement. There were no signs ot lite, only 
the word "CROATAN" carved on a nearby tree. Much speculation has been made 
about the fate of the "Lost Colony," but no one has successfully explained the 
disappearance of the colony and its settlers. 

Permanait Settlement 

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

In 1663, Charles II granted a charter to eight English noblemen who had helped 
him regain the throne of England. The charter document contains the lollowmg 
description of the territor\' which the eight Lords Proprietor were granted title to: 

"A// that Tcrrltoyy or trait of ground, situalc, Ixing, and being within our 
Dominions m Amcrita. extending jnvn the North end oj (he Idand tailed LuLk 
Island, whieh lies m the Southern Virginia Seas and within six and Thirty 
degrees of the Northern Latitude, and to the West as far as the South Seas: and 
so Southerly as far as the Rixer Saint Mathias, whith borders upon the Coast oj 
Florida, and withm one and Thirty degrees oj Northern Latitude, and West in a 
direet line as far as the South Seas aforesaid: Together with all and singular 
Ports, Harbours, Bays, Rivers, Isles, and Islets belonging Into the Country 
aforesaid: And also, all the Sod, Lands, Fields, Woods, Mountains, Farnis, 
Lakes, Rivers, Bays, and Islets situate or being within the Bounds or Limits 
aforesaid: with the Fishing of all sorts of Fish, Whales, Sturgeons, and all other 
Royal Fishes in the Sea, Bays, Islets, and Riyers within the premises, and the 
Fish theiein taken: 

And moreover all Veins, Mines, and Quarries, as well diseovered as not 
diseoyered, of Gold, Silver, Gems, and preeious Stones, and all other whatsoever 
be It, of Stones, Metals, or any other thing whatsoever found or to be jound 
within the Country, Isles, and Limits ...." 



96 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

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

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

Between 1663 and 1729, North Carolina was under the near-absolute control 
of the Lords 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 m 1696. Although the Albemarle Region was the first permanent 
setdement 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 ol 
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 [o 
the crown and North Carolina became a royal colony The eighth proprietor, Lord 
Granville, retained economic interest and continued granting land in the northern 
half of North Carolina. The crown supervised all political and administrative 
functions m the colony until 1775. 

Colonial government m North Carolina changed little between the propriciar>' 
and royal periods, the only major difference being who appointed colonial officials. 
There were two primary units of government — the governor and his council and a 
colonial assembly whose representatives were elected by the qualified voters of the 
county Colonial courts, unlike today's courts, rarely mvolved themselves in 
formulating governmental policy All colonial officials were appointed by either the 

97 



NORTH CAROLINA MANUAL 2001-2002 

Lords Proprietor prior to 1729 or by the crown afterwards. Members of the colonial 
assembly were elected from the various precincts (counties) and from certain towns 
which had been granted 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 e.xist as governmental 
units. 

The governor was an appointed official, as were the colonial secretary attorney 
general, surveyor general and the receiver general. All officials ser\'ed at the pleasure 
of the Lords Proprietor or the crown. The council ser\'ed as an advisor}' group to 
the governor during the proprietaiy and royal periods, m addition to sen-mg as the 
upper house of the legislature when the assembly was m session. When vacancies 
occurred in colonial offices or on the council, the governor was authorized to carry' 
out all mandates of the proprietors and could make a temporary appointment until 
the vacancy was filled by proprietary or royal commission. One member of the 
council was chosen as president of the group and many council members were also 
colonial officials. If a governor or deputy governor was unable to carry on as chief 
executive because of illness, death, resignation or absence from the colony, the 
president of the council became the chief executive and exercised all powers of the 
governor until the governor returned or a new governor was commissioned. 

The colonial assembly was made up of men elected from each precinct and 
town where representation had been granted. Not all counties were entitled to the 
same number of representatives. Many of the older counties had five representatives 
each, while those formed after 1696 were each alkowed only two. Each town granted 
representation was allowed one representative. The presiding officer of the colonial 
assembly was called the speaker and was elected from the entire membership ot the 
house. When a vacancy occurred, a new election was ordered by the speaker to fill 
It. On the final day of each session, bills passed by the legislature were signed by 
both the speaker and the president ol the council. 

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

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NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

The Struggle for Independence 

On April 12, 1776, North Carolina authorized its delegates to the Continental 
Congress to vote for independence. This was the first official call for independence 
from any of the colonies. The 83 delegates present in Halifax at the Fourth Provincial 
Congress unanimously adopted the Halifax Resolves, which indicted the colony's 
royalist government in blunt fashion: 

The Select Committee, taking into Consideration the usurpations and violence 
attempted and committed by the King and Parliament oj Britain against Ameiica, 
and the further measures to be taken for frustrating the same, and for the better 
defense of this province reported as follows, to wit, 

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

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

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

The HaUfax Resolves were iinportant because they were the first official action 
calling for mdependence from Britain and they were directed at all o( 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 July 4, 
delegates at the Continental Congress meeting in Philadelphia signed the final draft 

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NORTH CAROLINA MANUAL 2001-2002 

of the Declaration of Independence, North Carolinians William Hooper, Joseph 
Hewes and John Penn among them. In early December, 1776, delegates to the Fifth 
Provincial Congress adopted the first constitution for North Carolina. On December 
21, 1776, Richard Caswell became the first governor of North Carolina under the 
new constitution. 

Early Statehood 

On November 21, 1789, the state adopted the United States Constitution, 
becoming the twelfth state to enter the federal union. In 1788, North Carolina had 
rejected the Constitution because it lacked the necessar}^ amendments to ensure 
freedom of the people. The Bill of Rights satisfied the concerns of antifederalists 
enough to ensure the states adoption of the Constitution a year later. 

State Constitution of 1835 

The convention opened on June 4, 1835, m Raleigh. The new constitution 
provided for popular election of the governor, as well as hxing the governors term 
m otlice to two years per term and no more than two consecutive terms. It established 
a more equitable method of representation in the General Assembly. The new 
constitution fixed the terms of several offices m the Council of State, equalized the 
poll tax, banned the legislature from considering private bills, established new 
legislative procedures for divorce and other matters of civil law and created a new 
structure for impeaching public ofhcials. The new state constitution also created a 
mechanism that would allow successive General Assembly sessions to propose 
constitutional amendments for popular ratification. The Constitution of 1835 passed 
when submitted to a popular referendum. 

The Drift Toward War 

North Carolina was not a leader m talk of Southern secession as the mid- 1800s 
came to a close. A popular referendum held in February, 1861, on whether to call a 
convention on secession was defeated by a very slim margin. Many of North 
Carolmas political leaders looked for ways to mediate between the Union and the 
emerging Confederacy, to settle the secession question peacefully But news that 
Confederate troops had seized Ft. Sumter in Charleston Harbor and President 
Lmcolns call for militia troops from North Carolina to assist in putting down the 
incipient rebellion ended most North Carolinians' reluctance to choose sides in the 
conflict. The state seceded from the Union in May, 1861. 

Once a member of the Confederacy, however. North Carolina provided more 
than Its fair share of manpower and other resources to the war effort. One out of 
ever)' four Confederate battle casualties was a North Carolinian. Union forces seized 
much of the Outer Banks and northeastern North Carolina in 1862, leading to 
constant, small-scale warfare in that region until the end of the conflict. 



100 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

One of the last major battles of the war occurred in March, 1865, at Bentonville, 
where Confederate troops under the command of Joseph E. Johnston tried to smash 
the left wing of Union Gen. William Tecumseh Shermans army. Instead, Johnstons 
troops hammered at the Union lines for nearly three days in some of the worst 
combat of the war. Unable to break the Union Army, Johnston retreated through 
Raleigh and surrendered his remaining troops near Durham on April 18. 

Engulfed by a war not of its 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 Virginia, Maryland and Pennsylvania left many 
families grieving. 

Constitution of 1868 

The Constitution of 1868 provided for universal male suffrage. State and county 
officials would henceforth be elected by popular vote and the terms for governor 
and lieutenant governor were extended to four years. Most of the state's judges 
would likewise be elected by popular vote to eight-year terms. The new state 
constitution created extensive public services for North Carolinians with disabilities, 
provided for pubUc 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 rights, gained 
considerable new property rights. The constitution also ended the archaic network 
of county justices, replacing them instead with county commissions and establishing 
townships in each county for administrative purposes. 

The Progressi\e Era 

The dawn of the 20th Century brought changes to North Carolina's economy 
and society The state benefited from strong, progressive political leadership from 
governors such as Charles Brandey Aycock (inaugurated in 1901). Aycock persuaded 
the General Assembly to undertake the most sweeping expansion of the states public 
education system m nearly a century Many North Carolina counties gained access 
to local public education for the first 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 function. 

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

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NORTH CAROLINA MANUAL 2001-2002 

Morrison's successor, Angus McLean (1925-29), continued the pattern of 
expanding the administrative scope and expertise of state government and funding 
badly-needed miprovements m pubhc nifrastructure. McLean promoted the 
expansion and diversihcation of the state economy, both m the mdustnal and 
agricultural sectors. Under McLeans guidance, the state also began systematic efforts 
to attract new capital investment to North Carolina. 

War and Sacrifice 

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

North Carolina played a significant role in the American war effort. Fort Bragg, 
which dated back to World War 1, swelled in size, while Cherry Point Marine Air 
Station and Seymour Johnson Air Force Base were founded to tram pilots for both 
the European and Pacific theaters. By the end o'i the war, military bases scattered 
throughout North Carolina had trained more men for combat than any other state 
in the Union. 

Over 360,000 North Carolinians served m the U.S. Armed Forces during World 
War 11. More than 4,000 of them died m combat. Hundreds of thousands of other 
North Carolinians who remained m the state during the war worked long hours 
and often went hungry to support the war effort. 

The Humble Giant 

The living standards of most state residents improved steadily following 1960 
as North Carolmas investment m public higher education, unrivaled by nearly any 
state south of the Mason-Dixon Line, produced large numbers of skilled workers 



102 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

and professionals. By 1990, for the first time in its history, almost half of the states 
residents lived in urban areas. Economic diversification, a better-educated work 
force and shrewd pubUc 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 
states in the United States. 

The Mecklenburg Declaration of 1 775 * 

Officers 

Abraham Alexander, Chair 

John McKnitt Alexander 



Delegates 

Col. Thomas Polk 

Ephraim Brevard 
HezekiahJ. Balch 
John Phifer 
James Harris 
WiUiam 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. 



Waightstill Aver)' 
Benjamin Patton 
Mathew McClure 
Neil Morrison 
Robert Irwin 
John Flenniken 
David Reese 
Richard Harris, Sen. 



The following resolutions were presented: 

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

2. Resolved. That we the citizens of Mecklenburg County, do hereby dissolve the 
pohtical 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, arc. 
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 



103 



NORTH CAROLINA MANUAL 2001-2002 

the Congress lo the mainlenance of which independence we solemnly pledge to 
each other our mutual cooperation, our lives, our lortunes, and our most sacred 
honor. 

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

5. Resolved. That it is iurther decreed that all, each and eveiy Militaiy Ofhcer m this 
County is hereby reinstated m his former command and authority, he acting 
comformably to these regulations. And that every member present of this 
delegation shall henceforth be a civil officer, viz., a justice of the peace, in the 
character of a ''committee man" to issue process, hear and determine all matters 
of controversy according to said adopted laws and to preseiTe peace, union and 
harmony in said count); and to use every exertion to spread the love of Country 
and hre of freedom throughout America, until a more general and organized 
government be established in this Province. 

* The Mecklenburg Declaration was reportedly adopted on May 20, 1775. This 
document is found in Vol. IX, pages 1263-65 of the Colonial Records oj North 
Carolina; however, the authenticity of the declaration has long been - and continues 
to be — a source of controversy among historians. The text was recalled from 
memory by the clerk some twenty years after the Mecklenburg meeting was 
supposedly held. The original notes had reportedl)' been lost m a fire. 

The Halifax Resolves of 1776* 

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

It appears to your Comnuttee that pursuant to the Plan concerted hv the 
British Ministry jor subjugating America, the King and Parlianient of Great 
Britain have usurped a Power over the Persons and Properties of the People 
unhmited and uncontrouled: and disregarding their humble Petitions for Peace, 
Liberty and safety, have made divers Legislative Acts, denouncing War Famine 
and every Species of Calamity against the Continent in General. That British 
Fleets and Arnues have been and still are daUv employed in destroying the 
People and committing the most horrid devastations on the Country. Thai 
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 of War and manv of them have been violendy 



104 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

seized and confiscated in consequence of which multitudes oj the people have 
been destroyed or fivm easy Circunistances reduced to the Lamentable distress. 

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

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

* The resolves were adopted on April 12, 1776. 

The Mecklenburg Resolves 

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

Whereas by an address presented to his majesty by both House oj Parliament 
in February last, the American colonies are declared to be in a state of actual 
rebellion, we conceive that all laws and commissions confirmed by or derived 
from the authority of the King and Pariiament are annulled and vacated and 
the for-mer civil constitution of these colonies for the pr-esent wholly susperided. 
To provide in some degree for the exigencies of this cowUy, in the pr-esent alaimirig 
period, we deem it proper and rwcessary to pass the jollowing resolves, vie.: 

1. That all commissions civil and military heretofore granted by the Crown to be exer- 
cised in these colonies arc null and void and the constitution of each particular 
colony wholly suspended. 

2. That the Provincial Congress of each Province under the direction of the great Cori- 
tinental Congress is invested with all legislative and executive powers within their 
respective Prvvinces and that no other legislative or executive power docs or can 
exist at this time in any oj these colonies. 

3. As all former laws are now suspended in this Province and the Corigrcss has rwt yet 
provided others we judge il necessary for the better preservation of good order, lo 
form certain rules and r-egulaiions for the internal governmeni of this county until 
laws shall be provided for us by the Congress. 



105 



NORTH CAROLINA MANUAL 2001-2002 

-/. That the inhabitants of this county do meet on a certain day appointed by the com- 
mittee and havmg formed themselves mto nine companies... eight m the countv and 
one in the town of Charhnte do choose a Colonel and other military officers who 
shall hold and exercise their several powers by virtue of this choice and indepen- 
dent of the Crown of Great Britain and former constitution of this Province. 

5. That for the better preservation of the peace and administration oj justice each of 
those companies do choose from their own body two discreet freeholders who shall 
be empowered... to decide and determine all matters of controversy arising within 
said company under the sum of twenty shillings and jointly and together all con- 
troversies under the sum of forty shillings that so as their decisions may admit of 
appeal to the convention of the selectmen of the county and also that any one of these 
shall have power to examine and conwiit to conjinement persons accused oj petit 
larceny. 

6. That those two select men thus chosen do jointly and together choose from the bodv 
oj their particular body two persons properly qualified to act as constables who 
may assist them in the execution of their office. 

7. That upon the complaint of any persons to either of these selectmen he do issue his 
warrant directed to the constable commanding hini to bring the aggressor before 
him or them to answer said complaint. 

8. That these eighteen selectmen thus appointed do meet every third Tuesday in Janu- 
ary, April, July and October, at the Court House in Charlotte, to hear and deter- 
mine all matters oj controversy for sums exceeding forty shillings, also appeals, and 
in cases oj felony to commit the person or persons convicted thereof to close confine- 
ment until the Provincial Congress shall provide and establish laws and modes of 
proceeding in all such cases. 

9. That these eighteen selectmen thus convened do choose a clerk to record the transac- 
tions of said convention and that said clerk upon the application of any person or 
persons aggrieved do issue his warrant to one of the constables. . .directing said con- 
stable to summon and warn said ojjender to appear before the convention at their 
next sitting to answer the aforesaid complaint... 

10. That any Person making Complaint upon Oath to the Clerk, or any Member of the 
Convention, that he has Reason to suspect that any Person or Persons indebted to 
him in a Sum above Forty Shillings, do intend clandestinely to withdraw from the 
County without paying such a Debt; the Clerk, or such Member, shall issue his 
Warrant to the Constable, commanding him to take said Person or Persons into safe 
Custody, until the ne.xt sitting of the Convention. 

IT That when a Debtor for a Sum below Forty Shillings shall abscond and leave the 
County, the Warrant granted as aforesaid shall extend to any Goods or Chattels oJ 
the said Debtor as may be found, and such Goods or Chattels be seized and held in 
Custody by the Constable for the space of Thirty Dais; in which Term if the Debtor 

106 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

fails to return and Discharge the Debt, the Constable shall reliirn the Warrant to 
one of the Select Men of the Company where the Goods and Chattels were found, 
who shall issue Orders to the Constable to sell such a part oj the said Goods as shall 
amount to the Sum due; that when the Debt exceeds Forty Shillings, the Return shall 
he made to the Convention, who shall issue the Orders for Sale. 

12. That all receivers and collectors oj quit rents, public and county taxes, do pay the 
same into the hands oj the chairman oj this committee to be by them disbursed as 
the public exigencies may require, and that such receivers and collectors proceed no 
jurther in their ojjice until they be approved oj by and have given to this committee 
good and sufficient security jor a jaithjul return of such monies when collected. 

13. That the committee be accountable to the county jor the application oj all monies 
received from such public ojjicers. 

H. That all the ojjicers hold their commissions during the pleasure oj their several 
constituents. 

15. That this committee will sustain all damages that ever hereajter may accrue to all 
or any of these ojjicers thus appointed and thus acting on account oj their obedience 
and conformity to these resolves. 

16. That whatever person hereajter shall receive a commission jrom the Crown or at- 
tempt to exercise any such commission heretojore received shall be deemed an en- 
emy to his country and upon injormation being made to the captain oj the company 
in which he resides, the said company shall cause him to be apprehended and con- 
veyed hejore the two selectmen oj the said company, who upon prooj oj the fact, shall 
commit him the said ojjender to safe custody until the next sitting oj the committee, 
who shall deal with him as prudence may direct. 

17. That any person rejusing to yield obedience to the above resolves shall he considered 
equally criminal and liable to the same punishment as the offenders above last men- 
tioned. 

18. That these resolves be in full jorce and virtue until instructions from the Provincial 
Congress... shall provide otherwise or the legislative body oj Great Biitain resign its 
unjust and arbitrary 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 execute the commands 
and directions oj the General Congress oj this Province and oj this CommHtee. 

20. That the committee appoint Colonel Thomas Polk and Dr Joseph Kennedy to pur- 
chase three hundred pounds oj powder, six hundred pounds ojlead and one thousand 
jlintsjor the use oj the militia oj 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 

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NORTH CAROLINA MANUAL 2001-2002 

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 of the Crown of Great Britain and former constitution of this 
province." These resolves were printed in the North Cavohna Gazette, New Bern, 
June 16, 1775. 

From North CaroUna History Told hy 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. 



108 



NORTH CAROLINA'S BEGINNINGS 



CHAPTER TWO 



109 



OU R CON STITDTIO N : AN 



Our Constitutions: An Historical Perspective 

hy 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 ofhcers, 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 Convention of 1835 

Dissatisfaction with the legislative representation system, which ga\-c no dircci 
recognition to population, resulted in the Convention of 1835. Extensive 
constitutional amendments adopted by that convention were ratified by a \oic of 
the people — 26,771 to 21,606 — on November 9, 1835. The 1835 amcndmcnis 
fixed the membership of the Senate and House of Commons at their present levels, 



■HISTORICAL PERSPECTIVE 



NORTH CAROLINA MANUAL 2001-2002 

50 and 120. The new house apporiionment formula gave one seat to each county 
and distributed the remainder of the seats — nearly half of them at that time — 
according to a mathematical formula fax'oring the more populous counties. From 
1836 until 1868, senators were elected from districts laid out according to the 
amount of taxes paid to the state from the respective counties, thus distributing 
senatorial representation m direct proportion to property values. 

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

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

The Conxention of 1861-62 

The Convention of 1861-62, called by act of the General Assembly, took the 
State out of the Union and into the Confederacy and adopted a dozen constitutional 
amendments. These changes were promulgated by the convention without 
submitting them for voter approval, a procedure permitted by the state constitution 
until 1971. 

Jlte Convention of 1865-66 

The Convention of 1865-66, called by the provisional governor on orders of 
the President of the United States, nullified secession and abolished slaver)', with 
voter approval, m 1865. It also drafted a revised state constitution m 1866. That 
document was largely a restatement of the Constitution ot 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 o^ 1868, called upon the initiative of Congress, but with a 
popular vote of approval, wrote a new state constitution which the people ratified 
in April, 1868, by a vote of 93,086 to 74,016. Drafted and put through the 
convention by a combination of native Republicans and a few carpetbaggers, the 

112 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

constitution was highly unpopular with the more conservative elements of the state. 
For its time, it was a progressive and democratic instrument of government. In this 
respect it differed markedly from the proposed Constitution of 1866. 

The Constitution of 1868 was an amalgam of provisions copied or adapted 
from the Declaration of Rights of 1776, the Constitution of 1776 and its 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 liiilc or no change. 

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

The executive branch of government was strengthened by popular election of 
most department heads for four-year terms of office and the governor's powers were 
mcreased sigmhcantly A srniple and uniform court system was established with 
the jurisdiction of each court specified in the constitution. The distinctions between 
actions at law and suits m equity were aboUshed. 

For the first time, detailed constitutional provision was made for a system of 
taxation and the powers of the General Assembly to \e\j 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 pohtical leaders grouped themselves) was to repeal the Constitution of 1868 
at the earliest opportunity When the Conservative Party gained control of the General 
Assembly in 1870, a proposal to call a convention of the people to revise the 
constitution was submitted by the General Assembly to the voters and rejected in 
1871 by a vote of 95,252 to 86,007. 

The General Assembly thereupon resorted to legislative initiative to amend ihc 
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 liiree 
dozen amendments to the constitution, all of which were intended to restore to the 
General Assembly the bulk of the power over local government, the courts, and the 



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NORTH CAROLINA MANUAL 2001-2002 

public schools and the University of North Carolina that had been taken from it by 
the Constitution of 1868. 

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

The Conxention of 1875 

In 1875, the General Assembly called a convention of the people to consider 
constitutional revision. This action was not confirmed by popular referendum and 
none was constitutionally required at the time. The Convention of 1875 (the most 
recent in the states history) sat for five weeks in the fall of that year. It vv^as a limited 
convention that had been specihcally forbidden to attempt certain actions, such as 
reinstatement of property quahfications 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 Januaiy 
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 unifonnity 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. 



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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 states courts and local governments. Documents from the late 19ih 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 Uteracy 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 m 1913 was rejected by voters m 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 Centur>', 
amendments were very difficult to obtain. Between 1900 and 1933, voters ratified 
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. 

The Proposed Constitution of 1933 

A significant effort at general revision of the state constitution was made in 
1931-33. A constitutional commission created by the General Assembly of H>'^1 
drafted — and the General Assembly of 1933 approved — a revised constitution. 



1 15 



NORTH CAROLINA MANUAL 2001-2002 

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 ol the proposed Constitution of 1933 were later incorporated 
into the constitution by individual amendments. To a limited extent, the proposed 
Constitution of 1933 ser\'ed 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 in amendments: 

Authorizing the classification of property for taxation. 

Strengthening the limitations upon public debt. 

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

Enlarging the Council of State by three members. 

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

Permitting women to serve as jurors. 

Transferring the governors 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. 

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



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 m 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 of the 
House of Representatives would have been made a duty of the speaker of the House, 
rather than of the General Assembly as a whole. Problems of succession to 
constitutional state executive offices and how to setde 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 onl>- 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 estabfishment of a General Court of Justice with 
an Appellate Division, a Superior Court Division and a Local Trial Court Division. 
A uniform system of district courts and trial commissioners would have rephiccd 
the existing multitude of inferior courts and justices of the peace. The creation ol an 
intermediate Court of Appeals would have been provided for and uniformity of 
jurisdiction of the courts within each division would have been required. Aside 
from these changes, the General Assembly would have essentially retained its pre- 
existing power over the courts, including jurisdiction and procedures. 



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NORTH CAROLINA MANUAL 2001-2002 

The General Assembly of 1959 also had before it a recommendation for a 
constitutional reformation of the court system that had originated with a Court 
Study Committee of the North Carolina Bar Association. In general, the 
recommendations of that committee called for more fundamental changes m 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 literal interpretation of the concept of an independent 
judiciary. Its proposals, therefore, would have minimized the authority of the General 
Assembly over the states 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 ol 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 m 
1962, that created a unihed 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 disabihty 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 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 

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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 hx 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 origmated 
m 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 lake the lead 
m making a study of the need for revision of the state constitution, the bars 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 commissions 25 members 
(fifteen attorneys and ten laymen) were chosen by a steering coniniittee 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 2001-2002 

The State Constituiie^n 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 of the two 
approaches. The commission combined, m 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 m the document that 
came to be known as the Constitution of 1971. 

Those proposals tor change deemed to be sufhciently fundamental or potentially 
controversial m 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 of the hnance article of the constitution which was 
largely the work ol the Local Government Study Commission, a legislatively- 
established group then at work on the revision of constitutional and statutory 
provisions pertaining to local government. The amendments were so drafted that 
any number or combination of them might be ratihed 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 ot 1971, in the course of seven 
roll-call votes (four m the House of Representatives and three in the Senate), received 
only one negative vote. The independent amendments fared variously; six were 
ultimately approved by the General Assembly and submitted to the voters. These 
included the executive reorganization amendment, the finance amendment, an 
amendment to the income tax provision ot the constitution, a reassignment of the 
benehts of escheats, authorization for calling extra legislative sessions on the petition 
of members of the General Assembly and abolition of the literacy test for voting. All 
but the last two of these amendments had been recommended by the State 
Constitution Study Commission. At the election held on November 3, 1970, the 
proposed Constitution of 1971 was approved by a vote of 393,759 to 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 

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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

amendment and the amendment with respect to extra legislative sessions, all of 
which amended the Constitution of 1971 at the instant it took effect. The finance 
amendment, which made extensive revisions in the Constitution of 1971 with respect 
to debt and local taxation, took effect on July 1, 1973. The two-year delay in its 
effective date was required in order for the General Assembly of 1973 to conform 
state statutes on local government hnance to the terms of the amendment. 

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

effects a general editorial revision of the constitution... The deletions, 
reorganizations, and improvements in the clarity and consistency of language 
will he found in the proposed constitution. Some of the changes are substantive, 
hut none is calculated to impair any present right of the individual citizen or to 
hring 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 I, II, III, \', 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 
m 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 brevity of the constitution as a whole was a by- 
product of the revision, though not itself a primary objective. 

The Declaration of Rights (Article I), which dates from 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 ihc imperative 
in order to make clear that the provisions of that article are commands and no[ mere 
admonitions. (For example, "All elections ought to be free" became "All elections 
shall be free.") Guarantees of freedom of speech and equal protection of the laws 
and a prohibition against exclusion from jur)' service or other discrimination by 
the state on the basis of race or religion were added to the article. Since all of ihc 
rights newly expressed m 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 111 iiiie Executive), the 
governor's role as chief executive was brought into clear focus. The scattered siatcmcnls 
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 m the governor's eligibility or term or in ihe list of slate executives then 



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NORTH CAROLINA MANUAL 2001-2002 

elected by the people. The governor, lieutenant governor and attorney general were 
added to the Council of State (formerly seven elected executives with the governor 
only serving as presiding officer) as ex-officio members. 

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

The editorial amendments to Article V, dealing with finance and taxation, were 
extensive. Provisions concerning finance were transferred to it from four other articles. 
The former hnance provisions were expanded in some instances to make clearer 
the meaning of excessively-condensed provisions. 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 provision that had been interpreted to mean that only voters can hold 
office was modified to limit its application to popularly elected offices only Thus, 
it is left to the legislature to determine whether one must be a voter m order to hold 
an appointive office. 

The Constitution of 1971 prohibits the concurrent holding of two or more 
elective state offices or of a federal ofhce and an elective state office. It expressly 
prohibits the concurrent holding of any two or more appointive offices or places of 
trust or proht, 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 reflect current practice in the administration and hnancing 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 hnancing public education were authorized to hnance 

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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

education programs, including both public schools and technical institutes and 
community colleges, from local revenues without a popular vote of approval. It 
was made mandatory (it was formerly permissive) that the General Assembly require 
school attendance. 

The Superintendent of Public Instruction was eliminated as a voting member of 
the State Board of Education but retained as the 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 wives 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 deser\^e 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 I he 
commissions solution was an amendment, patterned after the Model State 
Constitution and the constitutions of a few other states, rcquiiing the General 



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NORTH CAROLINA MANUAL 2001-2002 

Assembly to reduce the number of administrative departments to not more than 25 
by 1975 and to give the governor authority to reorganize and consolidate agencies, 
subject to disapproval by action of either house of the legislature if the changes 
affected existing statutes. 

The second separate constitutional amendment ratitied m 1970 supplemented 
the existing authority of the governor to call extra sessions ot the General Assembly 
with the advice of the Council of State. The amendment provided that, on written 
request of three-ftfths of all the members of each house, the president ot 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 signihcant of the separate amendments — and m some ways the 
most important of the constitutional changes ratified in 1970 — is the Finance 
Amendment. This amendment, ratified m 1970 and effective July 1, 1973, is 
especially important m 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. 



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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 ihe 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 reUeving the taxpayer of two sets 
of computations. The amendment retained the maximum tax rate of ten percent. 

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

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

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. 



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NORTH CAROLINA MANUAL 2001-2002 

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

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

Added to the constitution a statement of policy with regard to the 
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 
tacihties. Both received voter approval on March 23, 1976. 

The constitutional amendments of 1835 had permitted the voters to elect a 
governor for two successive two-year terms. The Constitution of 1868 extended 
the governors term to tour 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 o( election or appointment to the bench. 



126 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 
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 attorneys be hcensed 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 amcndmcni 
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: 



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NORTH CAROLINA MANUAL 2001-2002 

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. 

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 Irom 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 of those proposals won approval in the Senate and came within two votes of j 
passing in the House of Representatives. 

Two other amendments passed the Senate and remained before the House of 
Representatives m the 1998 regular session. One amendment would limit legislative 
sessions m odd-numbered years to 135 calendar days, which could be extended by 
ten days. The amendment would limit regular sessions in even-numbered years to 



128 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

60 days, also extendible by ten days. The amendment would also lengthen terms 
for state senators from two years to four years, effective in 1998. 

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

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 m 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 responsibiUty for and act on matters within 
their authority instead of passing the responsibiUty for difficult decisions on to the 
voters m the form of constitutional amendments. 

Constitutional draftsmen have not been so convinced of their owm exclusive 
hold on wisdom or so doubtful of the reUability 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 ot 
Appeals for the Fourth Circuit (1925-58), who observed: 

The purpose oj a state constitution is two-fold: (1) to protect the lights 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 Junction oj 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 briefly and clearly fundamental prmciplcs upon which government 
shall proceed, leaving it to the people's representatives to apply these principles 
through legislation to conditions as they arise. 



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NORTH CAROLINA MANUAL 2001-2002 

Constitutional 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 oj Vote Raiijicd 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 



130 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Constitution of North Carolina 

[as amended to 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 estabUshed, 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 
inahenable rights; that among these are Ufe, liberty the enjoyment of the fruits ol 
their own labor, and the pursuit of happiness. 

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

Sec. 3. Internal government of the State. The people of this State have the inherent, 
sole, and exclusive right of regulating the internal government and police thereol. 
and of altering or aboUshing 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 ihc Constitution ol ihc United 
States. 

Sec. 4. Secession prohibited. This State shall ever remain a mcnilier 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. 



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NORTH CAROLINA MANUAL 2001-2002 

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

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

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

Sec. 8. Representation and taxation. The people of this State shall not be taxed or 
made subject to the payment of any impost or duty without the 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. 11. Property qualifications. As political rights and privileges are not dependent 
upon or modified by property, no property qualihcations 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, m 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 ne\'er be restrained, but ever)' 
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. 



132 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

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

Sec. 18. Courts shall he open. All courts shall be open; every person for an injury- 
done him m 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 in any manner deprived of his Ufe, 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 e\idence 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 ihc 
writ of habeas corpus shall not be suspended. 

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



133 



NORTH CAROLINA MANUAL 2001-2002 

Sec. 23. Rights oj accused. In all criminal prosecutions, ever}' 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-incriminatmg 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 juiy in open court. The General Assembly 
may, however, provide for other means of trial for misdemeanors, with the right of 
appeal for trial de novo. 

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

Sec. 26. Jury service. No person shall be excluded Irom ]ury 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 hues imposed, nor cruel or unusual punishments inflicted. 

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

Sec. 29. Treason against the State. Treason against the State shall consist only of 
levying war against it or adhering to its enemies by giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of two witnesses 
to the same overt act, or on confession 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 in time of peace are dangerous to liberty they 
shall not be maintained, and the militar)' 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 in 
any house without the consent of the owner, nor in time of war but in a manner 
prescribed by law. 



134 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

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

Sec. 34. Perpetuities and monopolies. Perpetuities and monopolies are contrar)' to 
the genius of a free state and shall not be allovv^ed. 

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. 

Sec. 37. Rights of victims of crime. 

(1) Basic rights. Victims of crime, as prescribed by law, shall be entided 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 oi 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 lo such action becoming effect i\'c. 
(h) The right as prescribed by law to confer with the prosecution. 



135 



NORTH CAROLINA MANUAL 2001-2002 

(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 adecjuate 
enforcement ol this section. 

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

Article II 

Legislatixe 

Section 1 . Legislative 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 hrst 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 ot Senators among those 
districts, subject to the following requirements: 

(1) Each Senator shall represent, as nearly as may be, an equal number of 
inhabitants, the number of inhabitants that each Senator represents being 
determined tor 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 oi contiguous territoiy; 

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

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

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



136 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

(1) Each Representative shall represent, as nearly as may be, an equal number 
of inhabitants, the number of inhabitants that each Representative represents 
being determined for 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 territor)'; 

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

(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 qualified voter of the State, and shall have 
resided in the State as a citizen for two years and m the district for which he is 
i chosen for one year immediately preceding his election. 

' Sec. 7. Qualifications for Representative. Each Representative, at the time of his 
I election, shall be a quaUfied voter of the State, and shall have resided in the disirici 
j 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 m 1972 and every two years thereafter, at the places and 
on the day prescribed by law. 

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

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

Sec. 11. Sessions. 

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



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NORTH CAROLINA MANUAL 2001-2002 

(2) Extra sessions on legislative call. The President of the Senate and the 
Speaker of the House of Representatives shall convene the General Assembly m 
extra session by their joint proclamation upon receipt by the President of the 
Senate of written requests therefor signed by three-hfths of all the members of j 
the Senate and upon receipt by the Speaker of the House of Representatives of j 
written requests therefor signed by three-fifths of all the members of the House j 
of Representatives. 

Sec. 12. Oath oj members. Each member of the General Assembly before taking 
his seat, shall take an oath or affirmation that he will support the Constitution and 
laws of the United States and the Constitution of the State of North Carolina, and 
will faithfully discharge his duty as a member of the Senate or House of 
Representatives. 

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

Sec. 14. Other officers of the Senate. 

{!) President Pro Tempore - succession to presidency. The Senate shall elect 
from Its membership a President Pro Tempore, who shall become President of 
the Senate upon the failure of the Lieutenant Governor-elect to qualify, or upon 
succession by the Lieutenant Governor to the office of Governor, or upon the 
death, resignation, or removal from office of the President of the Senate, and 
who shall serve until the expiration of 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 ol his 
office, or during the absence of the President of the Senate, the President Pro 
Tempore shall preside over the Senate. 

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

Sec. 15. Officers of the House of 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 for their services the compensation and allowances prescribed 
by law. An increase in the compensation or allowances of members shall become 
effective at the beginning of the next regular session of the General Assembly following 
the session at which it was enacted. 



138 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

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

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

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

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 ii 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 alter 
such reconsideration three-ftfths of the members of that house present and voting 
shall agree to pass the bill, it shall be sent, together with the objections and \-eio 
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 oi 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. 



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NORTH CAROLINA MANUAL 2001-2002 

(2) Amendments to Constitution of North Carolina. Ever)' 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. Ever)' bill: 

(a) In which the General Assembly makes an appointment or appointments 
to pubhc office 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 

(d) Revising the districts for the election of members of the House of 
Representatives of the Congress of the United States and the apportionment 
of Representatives among those districts and containing no other matter, 
shall be read three times m each house before it becomes law and shall be 
signed by the presiding officers of 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 m this subsection does not apply if the bill, at the time it is signed by 
the presiding officers: 

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

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



140 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Notwithstanding any other language in this subsection, the exemption from 
veto 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 within 10 days after it shall have been presented to 
him, the same shall be a law in like manner as if he had signed it, unless the 
General Assembly shall have adjourned: 

(a) For more than 30 days jointly as provided under Section 20 of Article II 
of 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 in which it shall have originated. When the General 
Assembly has adjourned sine die or for more than 30 days jointly as provided 
under section 20 of Article 11 of this Constitution, the Governor shall 
reconvene that session as provided by Section 5(11) of Article 111 of this 
Constitution for reconsideration of the bill, and if the Governor does not 
reconvene the session, the bill shall become law on the fortieth day after 
such adjournment. Notwithstanding the previous sentence, if the Governor 
prior to reconvening the session receives written requests dated no earlier 
than 30 days after such adjournment, signed by a majority of the members 
of each house that a reconvened session to reconsider vetoed legislation is 
unnecessary, the Governor shall not reconvene the session for that purpose 
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 ihc 
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 ihrcc 
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 ihe yeas and nays on ihe 
second and third readings of the bill shall have been cnicied 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: 

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(a) Relating lo health, sanitation, and the abatement ot 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 treasuiy; 

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

Ck) Extending the time for the lexy or collection of taxes or othei-wise relieving 
any collector of taxes from the due performance of his official duties or his 
sureties from liability; 

(1) Giving effect to informal wills and deeds; 

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

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

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

(3) Prohibited acts void. Any local, private, or special act or resolution enacted 
m violation of the provisions of 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 of the State shall be vested m the 
Governor. 

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



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

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

. 3. Succession to office of Governor. 

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

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

(3) Physical incapacity The Governor may by a written statement filed with 
the Attorney General, declare that he is physically incapable o( 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 mcapacity The mental mcapacity 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 lo perform the duties of his 
office shall be determined only by joint resolution adopted by a vole of a majoriiy 
of all the members of each house of the General Assembly in all cases, ihe 
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 m 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. 

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NORTH CAROLINA MANUAL 2001-2002 

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

Sec. 4. Oath of office for Governor. The Governor, before entering upon the duties 
of his office, shall, before any Justice of Supreme Court, take an oath or affirmation 
that he will support the Constitution and laws of the United States and of the State 
of North Carolina, and that he will faithfully perform the duties pertaining to the 
ofhce 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 hscal period. The budget as enacted 
by the General Assembly shall be administered by the Governor. 

The total expenditures of the State for the hscal period covered by the budget 
shall not exceed the total of receipts during that hscal period and the surplus 
remaining m the State Treasury at the beginning of the period. To insure that 
the State does not incur a dehcit for any hscal period, the Governor shall 
continually survey the collection of the revenue and shall effect the necessary 
economies m State expenditures, after hrst 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 tiscal 
period, when added to any surplus remaining in the State Treasury at the 
beginning of the period, will not be sufhcient 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 m Article V of this Constitution, 
nor to impair the obligation of bonds and notes of the State now outstanding 
or issued hereafter. 

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

(5) Commander m 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. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(6) Clemency. The Governor may grant reprieves, commutations, and pardons, 
after con\4ction, for all offenses (except m 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 
of the State and may alter them from time to time, but the Governor may make 
such changes in the allocation of offices and agencies and in the allocation of 
those functions, powers, and duries as he considers necessary for efficient 
administration. If those changes affect existing law, they shall be set forth in 
executive orders, which shall be submitted to the General Assembly not later 
than the sixtieth calendar day of its session, and shall become effective and shall 
have the force of law upon adjournment sine die of the session, unless specifically 
disapproved by resolution of either house of the General Assembly or specificall)' 
modified by joint resolution of both houses of the General Assembly 

(11) Reconvened sessions. The Governor shall, when required by Section 11 
of Article II 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 
reconsiderarion. Such reconvened session shall begin on a date set by ihc 
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 Ariick- II 
of this Constitution; or 

(b) Sine die. 

If the date of reconvening the session occurs aficr ihc 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. 



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NORTH CAROLINA MANUAL 2001-2002 | 

I 

Sec. 6. Duties of the Lieutenant Governor. The Lieuienani Governor shall be ^ 
President ol 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 of! 
Public Instruction, an Attorney General, a Commissioner of Agriculture, a , 
Commissioner of Labor, and a Commissioner of Insurance shall be elected by 
the qualified voters of the State m 1972 and every four years thereafter, at the 
same time and places as members of the General Assembly are elected. Their 
term of ofhce 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) Duties. Their respective duties shall be prescribed by law. i 

(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 ser\'e : 
until his successor is elected and qualified. Every such vacancy shall be hlled 
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 ofhce for the remainder of the unexpired term hxed m this Section. 
When a vacancy occurs m the ofhce of any of the ofhcers named m this Section 
and the term expires on the hrst day of January succeeding the next election lor 
members of the General Assembly, the Governor shall appoint to hll the vacancy 
for the unexpired term of the ofhce. i 

(4) Interim ofhcers. Upon the occurrence of a vacancy in the ofhce of any one 
of these ofhcers for any of the causes stated m the preceding paragraph, the  
Governor may appoint an interim ofhcer to perform the duties of that ofhce 
until a person is appointed or elected pursuant to this Section to hll the vacancy ' 
and IS qualihed. , 

(5) Acting ofhcers. During the physical or mental incapacity of any one of > 
these ofhcers to perform the duties of his ofhce, as determined pursuant to this ' 
Section, the duties of his ofhce shall be performed by an acting ofhcer who i 
shall be appointed by the Governor. 



146 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(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 in the courts of this State shall be eligible for appointment or 
election as Attorney General. 

Sec. 8. Council of State. The Council of State shall consist of ihc 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 CaroHna". 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. 11. Administrative departments. Not later than July 1, 1975, all administrative 
departments, agencies, and offices of the State and their respective functions, powers, 
and duties shall be allocated by law among and within not more than 25 principal 
administrative departments so as to group them as far as practicable according to 
major purposes. Regulatory quasi-judicial, and temporary agencies may, but need 
not, be allocated within a principal department. 

Article IV 

Judicial 

Section 1. Judicial power. The judicial power of the State shall, except as provided 
in Section 3 of this Article, be vested in a Court for the Trial of Impeachmcnis and 
in a General Court of Justice. The General Assembly shall have no power lo deprive 
the judicial department of any power or jurisdiction ihai 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. 



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NORTH CAROLINA MANUAL 2001-2002 

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 Di\dsion, 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 ofhce m 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 temporaiy incapacity, to perform any of the 
duties placed upon him, the senior Associate Justice available may discharge 
those duties. 

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

Sec. 7. Court of Appeals. The structure, organization, and composition oi 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. I 

I 
I 



148 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

Sec. 9. Superior Courts. 

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

(2) Open at all times; sessions for trial of cases. The Superior Courts shall be 
open at all times for the transaction of all business except the trial of issues of 
fact requiring a jury Regular trial sessions of the Superior Court shall be held 
at times fixed pursuant to a calendar of courts promulgated by the Supreme 
Court. At least two sessions for the trial of juiy 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 qualified voters thereof, at the same time and places 
as members of the General Assembly are elected. If the office of Clerk of the 
Superior Court becomes vacant otherwise than by the expiration of the term, or 
if the people fail to elect, the senior regular resident Judge of the Superior Court 
serving the county shall appoint to fill the vacancy until an election can be 
regularly held. 

Sec. 10. District Courts. The General Assembly shall, from lime lo lime, divide 
the State into a convenient number of local court districts and shall prescribe where 
the District Courts shall sit, but a District Court must sit in at least one place in each 
county District Judges shall be elected for each district for a term of four years, in 
a manner prescribed by law. When more than one District Judge is authorized and 
elected for a district, the Chief Justice of the Supreme Court shall designate one of 
the judges as Chief District Judge. Every District Judge shall reside in the district 
for which he is elected. For each county, the senior regular resident Judge of the 
Superior Court serving the county shall appoirii for a term o\ 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 lo lime, be determined by the General 
Assembly Vacancies in the office of District Judge shall be filled for the unexpired 
term m a manner prescribed by law. Vacancies in the office of Magistrate shall be 

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filled for ihe unexpired lerm m ihe manner provided for original appomtmeni to 
ihe office. 

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

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

(1) Supreme Court. The Supreme Court shall have jurisdiction to review 
upon appeal any decision of the courts below, upon any matter of law or legal 
inference. The jurisdiction of the Supreme Court over "issues of fact" and 
"questions of fact" shall be the same exercised by it prior to the adoption of this 
Article, and the Court may issue any remedial writs necessar)' 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 m 
every county of the State. 

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

C5) Waiver. The General Assembly may by general law provide that the 
jurisdictional limits may be waived m 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 m this Constitution and the laws of this State. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

(1) Forms of Action. There shall be in this State but one form of action for the 
enforcement or protection of private rights or the redress of private wrongs, 
which shall be denominated a civil action, and in which there shall be a right to 
have issues of fact tried before a jury. Every action prosecuted by the 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 in any court, the parlies in 
any civil case may waive the right to have the issues determined by a jury, in which 
case the finding of the judge upon the facts shall have the force and effect of a verdict 
by a jury. 

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

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

Sec. 17. Removal of Judges, Mag;istrates and Clerks. 

(1) Removal of Judges by the General Assembly Any Justice or Judge of the 
General Court of Justice may be removed from office foi' uK-nial or physical 
incapacity by joint resolution of two-thirds of all the members oi 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 

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NORTH CAROLINA MANUAL 2001-2002 

either house of the General Assembly shall act thereon. Removal hom office by 
the General Assembly for any other cause shall be by impeachment. 

(2) Additional niethod of removal of Judges. The General Assembly shall 
prescribe a procedure, m addition to impeachment and address set forth in this 
Section, for the removal of a Justice or Judge of the General Court of Justice for 
mental or physical incapacity interfering with the performance of his duties 
which is, or is likely to become, permanent, and for the censure and removal of 
a Justice or Judge of the General Court of Justice for wiltul misconduct in 
ofhce, wiltul 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 oi which 
a District Attorney shall be chosen for a term of four years by the qualified 
voters thereof, at the same time and places as members of the General Assembly 
are elected. Only persons duly authorized to practice law m the courts of this 
State shall be eligible tor 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 ot all criminal actions m the Superior 
Courts ot 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 m every local court district 
of the State. 

Sec. 19. Vacancies. Unless otherwise provided in this Article, all vacancies occurring 
m the offices provided for by this Article shall be filled by appointment of the 



152 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Governor, and the appointees shall hold their places until the next election for 
members of the General Assembly that is held more than 60 days after the vacancy 
occurs, when elections shall be held to fill the offices. When the unexpired term of 
any of the offices named in this Article of the Constitution in which a vacancy has 
occurred, and in which it is herein provided that the Governor shall fill the vacancy 
expires on the first day of January succeeding the next election for members of the 
: General Assembly, the Governor shall appoint to fill that vacancy for the unexpired 
term of the office. If any person elected or appointed to any of these offices shall fail 
to qualify, the office shall be appointed to, held, and filled as provided in case of 
vacancies occurring therein. All incumbents of these offices shall hold until their 
successors are quaUfied. 

Sec. 20. Revenues and expenses oj the judicial department. The General Assembly 
shall provide for the establishment of a schedule of court fees and costs which shall 
! be uniform throughout the State within each division of the General Court of Justice. 
The operating expenses of the judicial department, other than compensation to 
process servers and other locally paid non-judicial officers, shall be paid from Slate 
funds. 

Sec. 21. Fees, salaries, and emoluments. The General Assembly shall prescribe and 
regulate the fees, salaries, and emoluments of all officers provided for in this Article, 
but the salaries of Judges shall not be diminished during their continuance in office. 
In no case shall the compensation of any Judge or Magistrate be dependent upon 
his decision or upon the collection of costs. 

Sec. 22. Qualification of Justices and Judges. Only persons duly authorized to 
practice law m the courts of this State shall be eligible for election or appointment 
as a Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the 
Superior Court, or Judge of District Court. This section shall not apply to persons 
elected to or serving in such capacities on or before January 1, 1981. 

Article V 

Finance 

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



Sec. 2. State and local taxation. 

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



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NORTH CAROLINA MANUAL 2001-2002 

(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 m every county, city and town, and other unit ot local government. 

(3) Exemptions. Property belonging to the State, counties, and municipal 
corporations shall be exempt from taxation. The General Assembly may exempt 
cemeteries and property held for educational, scientific, literary, cultural, 
charitable, or religious purposes, and, to a value not exceeding $300, any 
personal property. The General Assembly may exempt from taxation not 
exceeding $1,000 m 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 levy taxes within those 
areas, in addition to those levied throughout the county, city, or town, m order 
to finance, provide, or maintain services, facilities, and functions in addition to 
or to a greater extent than those financed, provided, or maintained for the entire 
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 le\y 
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 niay contract with and 
appropriate money to any person, association, or corporation for the 
accomplishment of public purposes only. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Sec. 3. Limitations upon the increase of State debt. 

(1) Authorized purposes; two-thirds limitation. The General Assembly shall 
have no power to contract debts secured by a pledge of the faith and credit of 
the State, unless approved by a majority of the qualified voters of the State who 
vote thereon, except for the following purposes: 

(a) to fund or refund a valid existing debt; 

(b) to supply an unforeseen deficiency in the revenue; 

(c) to borrow in anticipation of the collection of taxes due and payable 
within the current fiscal year to an amount not exceeding 50 per cent of 
such taxes; 

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

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

(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 in which the State has a controlling interest, 
unless the subject is submitted to a direct vote of the people oi ihc State, and is 
approved by a majority of the qualified voters who vote thereon. 

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

(4) Certain debts barred. The General Assembly shall never assume or pay any 
debt or obligation, express or implied, incurred in aid of insurrection or rebellion 
against the United States. Neither shall the General Assembl)' assume or pay 
any debt or bond incurred or issued by authority of the Convention of I8(i8, 
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 ihc people of ihc 
State and is approved by a majority of all the qualified voters ai a referendum 
held for that sole purpose. 

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



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NORTH CAROLINA MANUAL 2001-2002 

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

U) Regulation oi 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 qualified voters of the unit who 
vote thereon, except for the following purposes: 

{a) to fund or refund a valid existing debt; 

(b) to supply an unforeseen deficiency in the revenue; 

(c) to borrow m anticipation of the collection of taxes due and payable 
within the current hscal year to an amount not exceeding 50 per cent of 
such taxes; 

(d) to suppress riots or insurrections; 

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

(0 for purposes authorized by general laws uniformly applicable throughout 
the State, to the extent of two-thirds of the amount by which the units jj 
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 oi local government shall give or lend its credit m 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. i 

(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 taith and credit within the meaning 
of this Section is a pledge of the taxing power. A loan of credit within thCj 
meaning of this Section occurs when a county, city or town, special district, ori 
other unit, authority, or agency of local government exchanges its obligations! 
with or m any way guarantees the debts of an individual, association, or private.' 
corporation. 

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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(6) 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 for issue as 
of July 1, 1973. 

Sec. 5. Acts levying taxes to state objects. Every act of the General Assembly 

levying a tax shall state the special object to which it is to be applied, and it shall be 
applied to no other purpose. 

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

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

(2) Retirement funds. Neither the General Assembly nor any public officer, 
employee, or agency shall use or authorize to be used any part of the funds of 
the Teachers' and State Employees' Retirement System or the Local Governmental 
Employees' Retirement System for any purpose other than retirement system 
benefits and purposes, administrative expenses, and refunds; except that 
retirement system funds may be invested as authorized by law, subject to the 
investment limitation that the funds of the Teachers' and State Employees' 
Retirement System and the Local Governmental Employees' Retirement System 
shall not be applied, diverted, loaned to, or used by the State, any State agency. 
State officer, public officer, or public employee. 

Sec. 7. Drawing public money. 

(1) State treasury. No money shall be drawTi from the State Treasury but in 
consequence of appropriations made by law, and an accurate account of the 
receipts and expenditures of State funds shall be published annually 

(2) Local treasury. No money shall be drawn from the treasury of any county 
city or town, or other unit of local government except by authority of law. 



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NORTH CAROLINA MANUAL 2001-2002 

Sec. 8. Health care facilities. Noiwithstanding 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 hnance or reftnance for any such governmental entity or any 
nonprofit private corporation, regardless of any church or religious relationship, 
the cost of acquiring, constructing, and financing health care faciUty projects to be 
operated to seiTC and benefit the public; provided, no cost incurred earlier than two 
years prior to the effective date of this section shall be refinanced. Such bonds shall 
be payable from the revenues, gross or net, ot any such projects and any other 
health care facilities of any such go\'ernmental 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 for the conveyance 
of title of, with or without consideration, any such project or facilities to the 
governmental entity or nonprofit private corporation. The power of eminent domain 
shall not be used pursuant hereto for nonprofit private corporations. 

Sec. 9 [81.1. 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 refinance, the cost 
of capital projects consisting of industrial, manufacturing and pollution control 
facilities tor mdustiy and pollution control facilities tor public utilities, and to refund 
such bonds. 

In no event shall such revenue bonds be secured by or payable from any public 
moneys whatsoever, but such revenue bonds shall be secured b)' and payable only 
from revenues or property derived from private parties. All such capital projects 
and all transactions theretor 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 withm the State. 

The power of eminent domain shall not be exercised to provide any property for 
any such capital project. 

Sec. 10. Joint ownership oj generation and transmission facilities. In addition to 
other powers conterred upon them by law, municipalities owning or operating 
facifities for the generation, transmission or distribution of electric powder and energy 
and joint agencies formed by such municipalities tor 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 j 
the generation and transmission of electric power and energy, or both, with anyj 

158 I 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

person, firm, association or corporation, public or private, engaged in the generation, 
transmission or distribution of electric power and energy for resale (each, respectively, 
"a co-owner") withm this State or any state contiguous to this State, and may enter 
mto 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 facihties, a unit of municipal government may issue its revenue 
bonds in the manner prescribed by the General Assembly payable as to both principal 
and interest solely from and secured by a lien and charge on all or any part of the 
revenue derived, or to be derived, by such unit of municipal government from the 
ownership and operation of its electric facilities; provided, however, that no unit of 
municipal government shall be liable, either jointly or severally, for any acts, 
omissions or obligations of any co-owner, nor shall any money or property of any 
unit of municipal government be credited or otherwise applied to the account of 
any co-owner or be charged with any debt, lien or mortgage as a result of any debt 
or obligation of any co-owner. 

Sec. 11. Capital projects for agriculture. Notwithstanding any other provision of 
the Constitution the General Assembly may enact general laws to authorize the 
creation of an agency to issue revenue bonds to finance the cost of capital projects 
consisting of agricultural facilities, and to refund such bonds. 

jln 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 
land 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 
itherewith; provided, however, that the General Assembly may provide that the interest 

jon such revenue bonds shall be exempt from income taxes within the State. 

ij 

(The power of eminent domain shall not be exercised to provide any property for 
lany such capital project. 

i| 

[Sec. 12[11].2. Higher Education Facilities. Notwithstanding any other provisions 
[of this Constitution, the General Assembly may enact general laws to authorize the 
IState or any State entity to issue revenue bonds to finance and refinance the cost of 
[acquiring, constructing, and financing higher education facilities to be operated to 
jserve and benefit the public for any nonprofit 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 refinanced. Such bonds shall be 
ipayable from any revenues or assets of any such nonprofit private corporation 
■jpledged therefor, shall not be secured by a pledge of the full faith and credit of the 
btate or such State entity or deemed to create an indebtedness requiring voter approval 
 pf the State or such entity and, where the title to such facilities is vested in the State 

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NORTH CAROLINA MANUAL 2001-2002 

or any State entity, may be secured by an agreement which may provide for the 
conveyance ol title to, with or without consideration, such facilities to the nonprofit 
private corporation. The power of eminent domain shall not be used pursuant 
hereto. 

Sec. 13[121.3. 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 jointly with public and private parties, 
lease as lessee, mortgage, sell, lease as lessor, or otherwise dispose of lands 
and facilities and improvements, including undi\dded interests therein; 

(b) to hnance and refinance 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 traffic, including commercial, 
industrial, manufacturing, processing, mining, transportation, distribution, 
storage, marine, aviation and environmental facilities and improvements; 
and 

{c) to secure any such financing or refinancing by all or any portion of their 
revenues, income or assets or other available 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 m 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 m the United States and every 
person who has been naturalized, 18 years of age, and possessing the qualifications 
set out in this Article, shall be entided to vote at any election by the people of the 
State, except as herein otherwise provided. 

Sec. 2. Qualifications of voter, 

(1) Residence period for State elections. Any person who has resided in the' 
State of North Carolina for one year and in the precinct, ward, or other election; 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 to 
another in this State shall not operate to deprive any person of the right to vote 
in the precinct, ward, or other election district from which that person has 
removed until 30 days after the removal. 

(2) Residence period for presidential elections. The General Assembly may 
reduce the time of residence for persons voting in presidential elections. A 
person made eligible by reason of a reduction in time of residence shall possess 
the other qualihcations 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) Disqualihcation 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 hrst restored lo the rights of 
citizenship in the manner prescribed by law. 

Sec. 3. Registration. Every person offering to vote shall be at the lime legally 
registered as a voter as herein prescribed and in the manner provided by law. The 
General Assembly shall enact general laws governing the registration of voters. 

Sec. 4. Qualification for registration. Every person presenting himself for registration 
shall be able to read and write any section of the Constitution in the English language. 

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

law. 

Sec. 6. Eligibility to elective office. Every qualified voter in North Carolina who is 

121 years of age, except as m this Constitution disqualified, shall be eligible for 
I election by the people to office. 

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



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NORTH CAROLINA MANUAL 2001-2002 

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

mamtain the Constitution and laws of the United States, and the Constitution and 
laws of North Carolina not mconsistent therewith, and that I will faithfully discharge 
the duties of my office as , so help me God." 

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

First, any person who shall deny the being of Almighty God. 

Second, with respect to any office that is filled by election by the people, any 
person who is not qualified to vote in an election for that office. 

Third, any person who has been adjudged guilty of treason or any other felony 
against this State or the United States, or any person who has been adjudged 
guilty of a felony in another state that also would be a felony if it had been 
committed in this State, or any person who has been adjudged guilty of 
corruption or malpractice m any office, or any person who has been removed 
by impeachment from any office, and who has not been restored to the rights of 
citizenship m the manner prescribed by law. 

Sec. 9. Dual office holding. 

(1) Prohibitions. It is salutary that the responsibilities of self-government be 
widely shared among the citizens of the State and that the potential abuse of 
authority inherent in the holding of multiple offices by an individual be avoided. 
Therefore, no person who holds any office or place of trust or profit under the 
United States or any department thereof, or under any other state or government, 
shall be eligible to hold any office in this State that is hlled by election by the 
people. No person shall hold concurrently any two offices m this State that are 
filled by election ol the people. No person shall hold concurrently any two or 
more appointive offices or places of trust or proht, or any combination of elective 
and appointive offices or places of trust or profit, except as the General Assembly 
shall provide by general law. 

C2) Exceptions. The provisions of this Section shall not prohibit an\' 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 m this State, whether appointed or elected, shall hold their positions until 
other appointments are made or, if the offices are elective, until their successors are 
chosen and qualified. 



162 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Article VII 

Local Government 

Section 1 . General Assembly to provide for local government. The General Assembl)' 
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 withm three miles of the corporate limits of any other city or 
town having a population of 10,000 or more according to the most recent decennial 
census of population taken by order of Congress, or lying within four miles of the 
corporate limits of any other city or town having a population of 25,000 or more 
according to the most recent decennial census of population taken by order ol 
I Congress, or lying within five miles of the corporate limits of any other city or 
town having a population of 50,000 or more according to the most recent decennial 
census of population taken by order of Congress. Notwithstanding the foregoing 
limitations, the General Assembly may incorporate a city or town by an act adopted 
by vote of three-fifths of all the members of each house. 

Sec. 2. Sheriffs. In each county a Sheriff shall be elected by the qualified voters 
thereof at the same time and places as members of the General Assembly are elected 
and shall hold his office for a period of four years, 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 consohdation 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. 



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NORTH CAROLINA MANUAL 2001-2002 

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 reformatoiy purposes that are to be and remain under the 
patronage and control of the State; but the General Assembly shall provide by general 
laws for the chartering, organization, and powers of all corporations, and for the 
amending, extending, and forfeiture of all charters, except those above permitted by 
special act. All such general acts may be altered from time to time or repealed. The 
General Assembly may at any time by special act repeal the charter of any corporation. 

Sec. 2. Corporations defined. The term "corporation'" as used m this Section shall 
be construed to include all associations and joint-stock companies having any of 
the pov^'ers 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 
necessar}' 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 m every year, and wherein 
equal opportunities shall be proMded for all students. 

(2) Local responsibility The General Assembly may assign to units of local 
government such responsibility for the financial support of the free public schools 
as it may deem appropriate. The governing boards of units of local government 
with hnancial 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 eveiy child of 
appropriate age and of sufficient mental and physical ability shall attend the public 
schools, unless educated by other means. 



164 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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. 

Sec. 7. County school fund. All moneys, stocks, bonds, and other property belonging 

to a county school fund, and the clear proceeds of all penalties and forfeitures and 

J of all fines collected m the several counties for any breach of the penal laws of the 

i State, shall belong to and remain m the several counties, and shall be faithlully 

appropriated and used exclusively for maintaining free public schools. 

Sec. 8. Higher education. The General Assembly shall maintain a public system ol 
higher education, comprising The University of North Carolina and such other 
institutions of higher education as the General Assembly may deem wise. The 
General Assembly shall provide for the selection of trustees of The University ol 
North Carolina and of the other institutions of higher education, in whom shall be 
vested all the privileges, rights, franchises, and endowments heretofore granted to 

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NORTH CAROLINA MANUAL 2001-2002 

or conferred upon the trustees of these institutions. The General Assembly may 
enact laws necessary and expedient for the maintenance and management of The 
University of North Carolina and the other public institutions of higher education. 

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

Sec. 10. Escheats. 

(1) Escheats prior to July 1, 1971. All property that prior to July 1, 1971, 
accrued to the State from escheats, unclaimed dividends, or distributive shares 
of the estates of deceased persons shall be appropriated to the use of The 
University of North Carolina. 

(2) Escheats after June 30, 1971. All property that, after June 30, 1971, shall 
accrue to the State from escheats, unclaimed dividends, or distributive 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 oi any resident of 
this State, to a value fixed by the General Assembly but not less than $500, to be 
selected by the resident, is exempted from sale under execution or other final process 
of any court, issued for the collection of any debt. 

Sec. 2. Homestead exemptions. , 

(1) Exemption from sale; exceptions. Ever)- 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 m lieu thereof, at the 
option of the owner, any lot m a city or town with the dwellings and buildings 
used thereon, and to the same value, owned and occupied by a resident of the ' 
State, shall be exempt from sale under execution or other final process obtained 
on any debt. But no property shall be exempt from sale for taxes, or for payment , 
of obligations contracted for its purchase. 1 

(2) Exemption for benefit of children. The homestead, afier the death of the i 
owner thereof, shall be exempt from the payment of any debt during the minority 
of the owners children, or any ol them. 

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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(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 prohts thereof shall 
inure to the beneht 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 
t 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 
i for the person claiming the exemption or a mechanics lien for work done on the 
premises. 

I Sec. 4. Property of married women secured to them. The real and personal property 

of any female m 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 

I remain the sole and separate estate and property of such female, and shall not be 

! liable for any debts, obligations, or engagements of her husband, and may be devised 

land bequeathed and conveyed by her, subject to such regulations and limitations as 

jthe General Assembly may prescribe. Ever)^ married woman may exercise powers 

I 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 by her 

'husband. 

Sec. 5. Insurance. A person may insure his or her own life for the sole use and 
beneht of his or her spouse or children or both, and upon his or her death the 
proceeds from the insurance shall be paid to or for the benefit of the spouse or 
children or both, or to a guardian, free from all claims of the representatives or 
creditors of the insured or his or her estate. Any insurance policy which insures the 
life of a person for the sole use and benefit of that person's spouse or children or 
both shall not be subject to the claims of creditors of the insured during his or her 
lifetime, whether or not the policy reserves to the insured during his or her lileiimc 
any or all rights provided for by the policy and whether or not the polic)- proceeds 
are payable to the estate of the insured in the event the beneficiary or beneficiaries 
predecease the insured. 



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NORTH CAROLINA MANUAL 2001-2002 j 

! 

Article XI 

Punishments, Conections, And Charities 

Seciion 1 . Punishments. The following punishments only shall be known to i 
the laws of this State: death, imprisonment, hnes, suspension of a jail or prison 
term with or without conditions, restitution, community service, restraints on liberty , 
work programs, remox'al from ofhce, and disqualification to hold and enjoy any ! 
office of honor, trust, or proht under this State. | 

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

Sec. 3. Charitable and correctional institutions and agencies. Such charitable, i 
benevolent, penal, and correctional institutions and agencies as the needs ol humanity | 
and the public good may require shall be established and operated by the State 
under such organization and m such manner as the General Assembly may prescribe, i 

Sec. 4. Welfare policy; board of public welfare. Beneficent provision for the 
poor, the unfortunate, and the orphan is one of the first duties of a civilized and a 
Christian state. Therefore the General Assembly shall provide for and define the 
duties of a board of pubfic welfare. 

Article XII 

Military Forces 

Section 1 . Governor is Commander in Chief. The Governor shall be Commander 
m Chief of the militaiy forces of the State and may call out those forces to execute : 
the law, suppress riots and insurrections, and repel invasion. 

Article XIII 

Conventions; Constitutional Amendment And Revision 

! 

Section 1 . Convention of the People. No Convention of the People of this State ) 
shall ever be called unless by the concurrence of two-thirds of all the members of : 
each house of the General Assembly and unless the proposition "Convention or j 
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 actj 
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. 

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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Delegates to the Convention shall be elected by the qualified voters at the time and 

in the manner prescribed m the act of submission. The Convention shall consist of 

a number of delegates equal to the membership of the House of Representatives of 

J 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 ihe Convention has been 

'called. 

I 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 in this Article, but in no other way. 

i 

(Sec. 3. Revision or amendment hy 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 qualifted 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 
lamendment or amendments, it or they shall become effective January first next after 
J ratification by the qualified voters unless a different effective date is prescribed by 
'the Convention. 

I Sec. 4. Revision or amendment hy legislative initiation. A proposal of a new or 
{revised Constitution or an amendment or amendments to this Constitution may be 

I initiated by the General Assembly but only if three-fifths of all the members of each 

II house shall adopt an act submitting the proposal to the qualified voters of the Slate 
jfor their ratification or rejection. The proposal shall be submitted at the lime and in 

the manner prescribed by the General Assembly If a majority of the \'oics cast 
thereon are in favor of the proposed new or revised Constitution or constituiional 
amendment or amendments, it or they shall become effective January first nexi ailcr 
I ratification by the voters unless a different effective date is prescribed in thr act 
submitting the proposal or proposals to the qualified voters. 

'Article XIV 

Miscellaneous 

Section 1. Seat of government. The permanent seat of governmeni of this Slate 
shall be at the City of Raleigh. 



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I 

I 

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

j 
Sec. 3. General laws 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 town, and other unit of local government, or m every local court district, ' 
no special or local act shall be enacted concerning the subject matter directed or \ 
authorized to be accomphshed 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 classihcation or exception in 
every unit of local government of like kind, such as every county, or every city and ' 
town, but need not be made applicable in eveiy unit of local government in the 
State. General laws uniformly applicable m every county, city and town, and other 
unit ol local government, or in ever)^ local court district, shall be made applicable i 
without classification or exception in every unit of local government, or m every 
local court district, as the case may be. The General Assembly may at any time : 
repeal any special, local, or private act. 

Sec. 4. Continuity of laws; protection of officer holders. The laws of North Carolina 
not m conflict with this Constitution shall continue in force until lawfully altered. 
Except as otherwise specifically provided, the adoption of this Constitution shall 
not have the effect of vacating any ofhce or term of ofhce now hlled or held by 
virtue of any election or appointment made under the prior Constitution of North 
Carolina and the laws of the State enacted pursuant thereto. 

Sec. 5. Conservation of natural resources. It shall be the policy of this State to 
conserve and protect its lands and waters for the beneht of all its citizenry, and to 
this end it shall be a proper function of the State of North Carolina and its political^ 
subdivisions to acquire and preserve park, recreational, and scenic areas, to control 
and limit the pollution of our air and water, to control excessive noise, and m every; 
other appropriate way to preserve as a part of the common heritage of this State its 
forests, wetlands, estuaries, beaches, historical sites, openlands, and places of beauty 

To accomplish the aforementioned public purposes, the State and its counties, cities 
and towns, and other units of local government may acquire by purchase or gift 
properties or interests m properties which shall, upon their special dedication to' 
and acceptance by resolution adopted by a vote of three-fifths of the members ofj 
each house of the General Assembly for those public purposes, constitute part of; 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

he "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 
if each house of the General Assembly The General Assembly shall prescribe by 
general law the conditions and procedures under which such properties or interests 
herein shall be dedicated for the aforementioned public purposes. 

Sotes 

[.The General Assembly of 1975, by 1975 N.C. Sess. Laws, Ch. 641, submitted 
, to the quaUfied voters of the State an amendment to add Art. V, Sec. 8, with 
respect to financing health care facihties, 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 ratified 
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. 

^^The General Assembly of 1983, by 1983 N.C. Sess. Laws, Ch. 765, submitted 
to the qualified voters of the State an amendment to add Art. V, Sec. 11, with 
respect to financing agricultural facihties, and the voters in 1984 ratified it (see 
above). At the 1986 session, the General Assembly by 1985 N.C. Sess. Laws, 
Ch. 814, submitted to the qualified voters of the State an amendment to add a 
section with respect to private higher education facility financing which it also 
designated Art. V, Sec. 11 (inadvertently dupUcating section number 1 1), and the 
voters in 1986 ratified it. The potential problem of duplicative section numbers 
was addressed by designating the section regarding private higher education 
facihties 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. 

).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 in 1986 
ratified it, notwithstanding the fact that there was already a Sec. 12, according to 
the practice in secrion numbering that had been followed lo deal wiih 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 in the 
General Statutes of North Carolina. 



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THE COUNCIL OF STATEJI 



The Council of State and the Executive Branch 

Under pro\isions m the Constitution of North Carolina, the three branches of 
[state government - legislative, executive and judicial - are distinct and separate from 
teach other (Article I, Section 6). This separation of powers has been a fundamental 
ilprincipal of state government's organizational structure since North Carolina's 
'mdependence. 

In the nearly two hundred years smce the formation of the State of North 

tCarolina, many changes have occurred in that structure. State and local governments 

in North Carolina have grown from minimal organizations comprising a handful 

of employees statewide in 1776 to the current multi-billion dollar enterprise that 

lemploys 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 u 
management challenges. In 1970 the state's executive branch Included over 200 
mdependent 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 actixities 
;that most appropriately should be entrusted to executive branch agencies. 

I 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 
iCarolina 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 ol 
llexecutive branch departments to 25 and authorize the governor to reorganize the 
administrative branch subject to approval by the General Assembly 

The 1969 General Assembly submiued the proposed constitutional amendment 
to a vote of the people and also authorized the governor to begin a study of 
jconsolidation of state agencies and to prepare a recommendation for the General 
Assembly Governor Robert W. Scott established the State Government Reorganization 
Study Commission in October, 1969. Later, in May 1970, the governor appointed a 
fifty-member citizen Committee on State Government Organization to review the study 
and make specific recommendations for implementation ol the reorganization plan. 

ferpfTEXECUTIVE BRANCH 



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NORTH CAROLINA MANUAL 2001-2002 | 

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Voters approved the constitutional proposal requiring the reduction of the ! 
number of administrative departments m the general election on November 3, 1970. 1 
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. j 

The committee recommended implementation of the amendment m two phases. , 
Phase 1 would group agencies together in a limited number of functional : 
departments. The General Assembly approved the implementation of Phase 1 in j 
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 i 
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 first group was composed of 19 principal offices 
and departments headed by elected officials. Nine other departments organized along 
functional lines and headed by appointed administrators formed the second grouping 
of agencies. 

The act implemented Phase 1 of the reorganization through types of transfers. A 
Type I 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 statutor)' authority and functions, which would now be exercised 
under the direction and supervision of the principal departments head. Governor 
Scott created all of the offices and departments called for by the act prior to the 
mandated deadline of July 1, 1972. j 

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

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 PubHc Education 

(now the Department of Pubhc 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) 

1 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 Safely). 

A gubernatorial executive order issued June 26, 1972, created an executive cabinet 
Iconsisting of the heads of these departments. The newly-formed cabinet's first order of 
'business was to manage the implementation of Phase 11 of the reorganization plan. 

Further alterations m the executive branch's structure followed between 1972 
'and 1977. In 1973, the General Assembly passed the Executive Organizations Act 
jof 1973. The act affected four of the newly created departments — Cultural Resources, 
[Human Resources, MiUtary and Veterans Affairs and Revenue. The 1973 law vested 
^final administrative and managerial powers for the executive branch in the hands of 
khe governor and gave him powers to appoint a secretary for each of the departments 
jnamed. The law also defined the powers of the secretaries, yet named specifically- 
designated policy areas and executive powers already vested in various commissions 
jthat could not be countermanded by either the governor or a departmental secretary 

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

The Department of Human Resources and the Department o^ Revenue were 
Restructured. The 1973 act created a Board of Human Resources in the Department 
jof 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 2001-2002 

The Depariment 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 ot the states executive branch was mostly completed 
by the end of 1975. The governor, however, sought several additional  
reorganizational changes. The proposals primarily affected four departments — | 
Commerce, Military and Veterans Affairs, Natural and Economic Resources and i 
Transportation. - 1 

The 1977 General Assembly enacted several laws implementing the new j 
proposals. The old Department of Military and Veterans Affairs was replaced by a j 
new Department of Crime Control and Public Safety. The Veterans Affairs j 
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 transferred from the 
Department of Military and Veterans Affairs to the Department of Commerce, along 
with three agencies previously under the Department ot Transportation — the State 
Ports Authority and two commissions on Navigation and Pilotage. ' 

Other legislative changes further reorganized the Department of Commerce by 

transterring the Economic Development Division from the Department oi Natural 

and Economic Development as well as by creating a Labor Eorce Development  

Council to coordinate the needs of industry' with the programs offered in North ' 

Carolmas 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 enx'ironmental' 

regulation and economic development. 

i 
Reorganization has become a predictable, on-going feature of state government's! 

executive branch since 1971. 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 of' 

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 Naturall 
Resources and Community Development (NRCD). All three were restructured! 
significantly. The Department of Natural Resources and Economic Development | 



176 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 

I Department 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. 

I The growth in programs at the Department of Environment, Health and Natural 
[Resources led to legislation approved in the 1996 General Assembly that formally 
I reorganized the department yet again. As of June 1, 1997, all health functions and 

programs were consolidated 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 Environment and Natural Resources. 

North Carolina's newest executive branch agency is North Carolina Department 
of Juvenile Justice and Delinquency Prevention. George L. Sweat, the departments 
first secretary, was sworn into office on July 20, 2000. 



JThe Council of State 

I 

, Origin and Composition 

\ North Carolinas 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 Eifth Provincial Congress in December, 1776, this document 
was created without being subsequently submitted to North Carolina voters for 
popular approval. The constitution — and its accompanying declaration of rights 
— set forth the organizational structure of the new state government while, ai ihc 
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 thai 
still forms the basis of state government in North Carolina. True power of stale, 
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 to the 



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NORTH CAROLINA MANUAL 2001-2002 

governor was further limited by requiring, in many instances, the concurrence of I 
the Council of State before the governor could exercise power j 

The Council of State consisted of seven men elected by joint vote of the two ; 

houses of the General Assembly They were elected for a one-year term and could i 

not be members of either the state Senate or the state House of Commons. If a ; 

vacancy occurred, it was filled at the next session of the General Assembly. The , 

council was created to "advise the governor in the execution of his office," but was ; 

independent of the governor. j 

I 

The role of our Council of State today is similar to what it was centuries ago. i 
While no longer a separate and distinct body elected by the General Assembly, the ' 
functions of advising the governor and making decisions which are important to I 
the operation of government have survived. j 

i 
Constitutional Basis 

Article 111, 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 that votes are cast for president I 
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 seiTe until a successor is elected at the next general election  
for members of the General Assembly Section 8, Article HI of the Constitution ; 
provides that those elected officials shall constitute the Council of State. 



178 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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. 

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. 



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NORTH CAROLINA MANUAL 2001-2002 

Meetings 

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



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Office of the Governor 

The Office of the Governor is the oldest governmental office in the state. North 
! Carolina's hrst governor was Ralph Lane, v^'ho served as governor of Sir Walter 

Raleigh's first colony on Roanoke Island (1585). The first permanent governor was 
. William Drummond, appointed by William Berkeley, Governor of Virginia, and 
I one of the Lords Proprietor. Prior to 1729, governors were appointed by the Lords 

Proprietor and, after 1730, they were appointed by the crown. A governor serv'ed at 

the pleasure of the appointing body, usually until he resigned, although there were 
' several instances where other factors were involved. When a regularly-appointed 

governor, for whatever reason, could no longer perform his functions as chief 
i executive, either the president of the council, the deputy or lieutenant governor 

took over until a new governor could be appointed. Following our first state 
i constitution, the governor was elected by the two houses of the General Assembly. 

He was elected to serv^e a one-year term and could serve no more than three years in 

any six. 

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

' authority in areas other than that of appointments. 

In 1868, North Carolinians adopted their second constitution. The Constitution 
' of 1868 incorporated many of the amendments that had been added to the original 
1 1776 Constitution, but also included changes resulting from the Civil War and 
emerging new attitudes towards government. Provisions in this new constitution 
I increased the governor's term of office from two to four years and increased some of 
' his duties and powers as well. 

Today North Carolina is governed by its third consiuulion. When ratified by 
the state's voters m 1970, the new state constitution contained few changes dealing 
with the executive branch in general and the governor in particular. The citizens of 
North Carolina addressed the issue of gubernatorial succession in 1977 and voted 
to allow the governor and heutenant governor to run for a second consecutive 
term. Following his re-election in 1980, Governor James B. Hunt, Jr. became the 
first Governor of North Carolina since 1866 to be elected to two consecutive four- 
year terms and to an unprecedented third term in 1992. Gov Hunt won re-election 
again in 1996. 

In 1972, the Office of the Governor was created as one of the 19 departments in 
the executive branch of state government. Under the governor's immediate jurisdiction 
are assistants and personnel needed to carry out the functions of chief executive. 
The Governor of North Carolina is not only the state's chief executive. He or she 
also directs the state budget and is responsible for all phases of budgeting from the 



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NORTH CAROLINA MANUAL 2001-2002 i 

I 

I 

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 of State, which I 
meets regularly and which may convene m 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 CaroUna 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 j 
interstate compacts and re-orgamze and consolidate state agencies under his direct \ 
control. The governor has hnal 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: 

I 

Executive Assistants 

The Executive Assistants to the Governor oversee the Office of the Governor. ' 
They monitor the cabinets policy development, serve as the Governors link to 
cabinet members and advise the Governor on legislative matters. The executive 
assistants also represent the Governor m matters of state, serving as his or her 
representative. 

Legal Counsel 

The Legal Counsel to the Governor, appointed by the Governor, monitors all 
legal issues relating to the Governor, his cabinet and the Council of State. He advises 
the Governor when policy developments involve legal issues, coordinates judicial 
appointments, coordinates the preparation and execution of all Executive Orders  
issued by the Governor and investigates the merits of pardon requests, commutations, 
reprieves, extraditions and rewards. ! 

Office of Budget and Management I 

Responsible for the state budget, the state budget officer is appointed by the 
governor to assist m 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 liaison to the states business community. 



Boards and Commissions Office 

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



182 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

i The Boards and Commissions Office researches quahfications and requirements, 
mamtains records and serves as a haison with associations, agencies and interested 
individuals and groups. 

I 
Press Office 

The Press Secretary serves as the spokesperson for the Office of the Governor 
and coordinates communications efforts for the administration, making sure the 
' press and pubhc get information about their state government. The office prepares 
I press releases, speeches and plans public events for the Governor. 

Policy Office 

The Policy Office is responsible for developing the Governor's key policy 
initiatives, including those presented to the General Assembly for enactment or 

! funding and those implemented by executive action or in cabinet agencies. The 
PoUcy Ofhce works with state agencies, interest groups, nonproht organizations, 
community and business leaders and others in an effort to develop initiatives that 

; reflect the Governors agenda. An emphasis is placed on public-private partnerships, 
with a focus on community-based solutions to North Carolina's problems. 

Office of Citizen Services and Community Relations 

The Office of Citizen Services and Community Relations serves as a source of 
'information and referral to the citizens of the state. It serves as the source for 
' citizens to call to let the Governor know how they feel about issues of importance 
j to them. It also serves to refer callers to the appropriate local, state or federal agency 
from which they need assistance. The office handles much of the Governors 
correspondence to the citizens of North Carolina. Requests from students across 
the country seeking information about North Carolina for school reports, birthda\' 
and anniversary greetings and military retirement letters are processed through this 
office. All e-mail sent to the Governor is routed through the Office of Citizen Services. 
The office answers much of the e-mail or it is forwarded to the proper agency for a 
response. The Order of the Long Leaf Pine, Certificates of Appreciation, Honorarv- 
Tar Heel and Volunteer Certificates of Appreciation are processed through this office. 
Additionally requests for proclamations and other special letters, i.e. condolence. 
greetings/welcome/congratulatory letters for conventions, conferences, church and 
business anniversaries and commendation letters for acts of braver)' and heroism, 
are processed in this office. 

Education Policy Office 

The Education Policy Office is responsible for advising the Governor and 
developing the Governors key policy initiatives on education from the K-12 level 
through higher education. The office works with the stales public school, 
community college and university systems, private colleges and universities, interest 

183 



NORTH CAROLINA MANUAL 2001-2002 

groups, nonprofit organizations, community and business leaders and others to 
develop the Governors education mitiatives. The Education Policy Office includes 
the Senior Education Advisor and Teacher Advisor. 

Office of Community Affairs \ 

The Oftice of Community Affairs advises the Governor on issues related to 
minority citizens of North Carolina with an emphasis on pohcy, legislation and 
personnel. The office is responsible for making recommendations to the Go\'ernor 
to address current issues of concern to minority citizens. They plan and coordinate ' 
conferences related to the minority populations such as conferences on race, the I 
African American Male Summit and Martin Luther King, Jr. Observance Day j 

Legislati\e Counsel 

The Legislative Counsel of the Office of the Governor is responsible for ' 
establishing and maintaining a working relationship with members ot the General I 
Assembly on all legislative matters of importance to the Governor. The Legislative 
Counsel tracks legislation as it moves through the General Assembly and reports i 
on its progress to the Governor. 

Intergoxentmental Affairs ' 

This ofhce is responsible for coordinating state-federal issues and state-local 
issues of the importance to North Carolina. It serves as the point of contact and 
provides staff support for the state's participation m national and regional 
organizations such as the National Governors' Association, the Southern Governors' 
Association, Southern Growth Policies Board, Council ol State Governments, 
Appalachian Regional Commission and many others. On state-local issues, the 
unit is the liaison with the local government interests m the state. Staff works withl 
the N.C. Association of County Commissioners, N.C. League of Municipalities, 
councils of government, as well as individual local otticials. i 

Eastern Office 1 

Located m New Bern, this office serves as a regional extension of the Governors 
Raleigh office. The eastern office links local governments, the private sector and' 
citizens of 33 eastern North Carolina counties. The office ser\'es as a resource for 
citizens, works with public and private groups to assist them, carries out the. 
Governors policies and addresses the needs ot citizens in eastern North Carolina.' 
The staif also represents the Governor at lorums, civic and business events. 

Western Office 

Established in 1977, the Western Office serves as a direct link between the 
Governor and western North Carolina residents. The office, located in Ashe\ille 
serves 27 western counties, working with local governments and the private sectoi 



184 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 

i boards, as well as at public forums and civic and business events. Day-to-day 

' management and super\ision of the use of the Governor's western residence is a 

major responsibiUty of this ofhce. The residence is available to non-profit, civic, 

! state, local and federal agencies for meetings, retreats and other gatherings. 

I 

Washington, B.C. Office 

! The North Carolina Washington Office serves as a liaison for 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 
jby the administration and advocates for the interests of the state. The Washington 
Office also responds directly to constituent requests for information. 

For further mformation about the Office of the Governor, call (919) 733-5811 
or visit the Web site for the Office of the Governor at aa^v^v. governor. state. nc. us . 

Boards and Commissions 

Advisory Budget Commission 

Christa McAulifJe Fellowship Program Selection Committee 
\ Education Commission of the States 
I 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 Manage- 
ment 

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) 



185 




NORTH CAROLINA MANUAL 2001-2002 

Michael F. Easley 

Governor 

Early Years 

Born m Nash County, N.C. on March 23, 1950, to 
Huldah and Alex Easley. 

Educational Background 

University of North Carolina at Chapel Hill, B.A. 
in Political Science 1972; North Carolina Central 
University, Juris Doctor, 1976. 

Professional Background 

Governor of North Carolina, 2001 -Present; North 
Carolina Attorney General, 1992-2001; District 
Attorney for the 13th Judicial District m Bmnswick, 
Bladen, and Columbus counties, 1982-1990. 

Honors and Awards 

The North Carolina Association of Black County Ofhcials' Humanitarian Award; 
the North Carolina Chapter of the American Academy of Pediatrics' Excellence in 
Public Service for Children Award; the North Carolina Common Causes 1999 
Leadership m State Government Award; and the 1998 Health Policy Award from 
the state Heart and Lung Associations, and the Cancer Society 

Personal Information 

Gov. Easley is an avid hunter and sailor and an accomplished woodworker. He and 
his wife Mary have one child, Michael, Jr., age 17. 

Legislative Initiatives 

Since taking ofhce in February 2001, Gov. Easley has kept North Carolina on a' 
progressive and competitive course by improving education for our children, 
creating good jobs for working families, caring for our elderly, and cleaning up the' 
environment. His policy initiatives have included: | 

Putting Education First 

Less than one year after Mike Easley was elected Governor, he signed into law a; 
budget that makes significant investments and progress in education. More than 
80 percent of his budget was earmarked for education improvements, including a 
pre-kindergarten program for at-risk four-year-olds called More at Four, a class-sizel 
reduction plan, and teacher recruitment and retention initiatives. Easleys budget 
also includes incentives designed to keep and attract the best teachers for North 
Carolina s children. In fact. North Carolina was recently ranked first m the countr)'; 
in improving teacher quality [Education Weeks Quality Counts Report, Press| 
Release, 1/7/011 In proposing a funding initiative for higher education, Easleyi 



186 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER F 



OUR 



Strove to better prepare North Carolina's workforce by including a package that 
enhances training programs and college scholarships. 

Economic Prosperity 

Gov. Easley's commitment to an economically progressive North Carolina is 
profound. His vision of "One North CaroUna" where every community has the 
I opportunity for success is quickly becoming a reality. Easley initiated the 2 P' Century 
i Communities' Initiative, which partners local communities with the Department of 
Commerce and other regional, state and federal agencies to rapidly develop an 
I economic game plan tailored for that community. In his first year in office, North 
; CaroUna saw a total of $5.8 bilUon in new business investment and the creation of 
I 31,216 new jobs. 

Better Health Care for Children and Families 

In 2001, Easley signed into law the nation's strongest Patients" Bill of Rights 
legislation. The bipartisan bill provides an expedient external review process for 

I situations in which care was denied, allows patients to hold health plans accountable, 
requires managed care plans to allow patients with special needs to continue to see 
their doctor even if that doctor is no longer part of the health plan and allows 

; patient referrals to nonparticipating specialists if in-plan specialists were unavailable. 

J Easley's Patients' Bill of Rights also establishes an ombudsman to provide assistance 

: to patients. 

;In December 2001, Easley established the state's Prescription Drug Plan to help 
(seniors cope with the high cost of prescription drugs. A priority of Easley's, the 
j plan makes eligible those seniors with incomes less than $17,180 a year and couples 
'with incomes less than $23,220. The plan includes treatment for three specific 
diseases: cardiovascular disease, diabetes melhtus and chronic obstructive pulmonar)- 
'disease. 

Cleaning Up the Environment 

Gov. Easley is committed to putting m place and enforcing the programs thai arc 
essential to restoring and protecting the natural heritage of the state and the health 
of its citizens. In April 2002, he announced an agreement that will enable the clean 
smokestacks legislation to dramatically reduce emissions without raising increasing 
electricity rates for consumers. 

iGovernors of North Carolina 

Governors of ''Virginia"* 

Name Term 

Ralph Lane^ 1585-1586 

John White^ 1587 



187 



NORTH CAROLINA MANUAL 2001-2002 

Proprietary Chief Executives 

Name Term 

(Samuel Stephens)^ 1622-1664 

William Drummond"* 1665-1667 

Samuel Sicphens' 1667-1670 

Peter Caneret'^ 1670-1671 

Peter Carteret' 1671-1672 

John Jenkms^ 1672-1675 

Thomas Eastchurch- 1675-1676 

[Speaker-Assembly]^'^ 1676 

John Jenkins" 1676-1677 

Thomas Eastchurch'- 1677 

Thomas Miller" 1677 

[Rebel Council]'^ 1677-1679 

Seth Sothell'^ 1678 

John Harvey'' 1679 

Johnjenkms'' 1679-1681 

Henry Wilkmson'^ 1682 

Seth SothelP^ 1682-1689 

John Archdale^*-^ 1683-1686 

John Gibbs-' 1689-1690 

Phillip Ludwell" 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 DanieP" 1703-1705 

Thomas Cary^^' 1705-1706 

William Glover^' 1706-1707 

Thomas Cary^^ 1707 

William Glover" 1707-1708 

Thomas Cary^^ 1709-1710 

Edward Hyde'' 1711-1712 

Edward Hyde '^ 1712 

Thomas PoUock'^^ 1712-1714 

Charles Eden'^ 1714-1722 

Thomas Pollock"^' 1722 

William Reed-^' 1722-1724 

Edward Moseley"^' 1724 



188 



I 



( 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOU 



Proprietary Chief Executives (continued) 

Name Term 

George Burrington'^^ 1724-1725 

Sir Richard E verard"*^ 1725-1731 



Royal Chief Executives'^ 




Name 


Term 


George Burrington'^^ 


1731-1734 


Nathaniel Rice'*^ 


1734 


Gabriel Johnston'^'^ 


1734-1752 


Nathaniel Rice"*'^ 


1752-1753 


Matthew Rowan^*^ 


1753-1754 


Arthur Dobbs^^ 


1754-1765 


James Hasell" 


1763 


Wilham Tryon" 


1765 


Wilham Tryon^"^ 


1765-1771 


James HaselP^ 


1771 


Josiah Martin^^ 


1771-1775 


James Hasell" 


1774 


Elected hy the General Assembly^^ 


Name 


Residence 


Richard CaswelP^ 


Dobbs 


Richard Caswell 


Dobbs 


1 Richard Caswell 


Dobbs 


1 Richard Caswell 


Dobbs 


Abner Nash*'° 


Craven 


Thomas Burke^^ 


Orange 


1 Alexander Martin^^ 


Guilford 


', Alexander Martin 


Guilford 


1 Alexander Martin 


Guilford 


^[Alexander Martin 


Guilford 


; Richard Caswell 


Dobbs 


5 Richard Caswell 


Dobbs 


Samuel Johnston 


Chowan 


Samuel Johnston*^^ 


Chowan 


Alexander Martin^'^ 


Guilford 


i Alexander Martin 


Guilford 


! Alexander Martin 


Guilford 


i Richard Dobbs Spaight 


Craven 


j Richard Dobbs Spaight 


Craven 



Term 

1776- 

1777- 

1778- 

1779- 

1780- 

1781- 

1781- 

1782- 

1783- 

1784- 

1785- 

1787- 

1788- 

1789 

1 789- 

1 790- 

1792 

1792- 

1793- 



1777 
1778 
1779 
1780 
1781 
1782 
1782 
1783 
1784 
1785 
1786 
1788 
1789 

1790 
1792 

1793 
1795 



189 



NORTH CAROLINA MANUAL 2001-2002 



Elected by the General Asse 


jtihly^^ (continued) 




Name 


Residence 


Term 


Richard Dobbs Spaight 


Craven 


1795 


Samuel Ashe 


New Hanover 


1795-1796 


Samuel Ashe 


New Hanover 


1796-1797 


Samuel Ashe 


New Hanover 


1797-1798 


William R. Davie^^ 


Halifax 


1798-1799 


Benjamin Williams 


Moore 


1799-1800 


Benjamin Williams 


Moore 


1800-1801 


Benjamin Williams 


Moore 


1801-1802 


John Baptiste Ashe'^'' 


Halifax 


1802 


James Turner'"'' 


Warren 


1802-1803 


James Turner 


Warren 


1803-1804 


James Turner''^ 


Warren 


1804-1805 


Nathaniel Alexander 


Mecklenburg 


1805-1806 


Nathaniel Alexander 


Mecklenburg 


1806-1807 


Benjamin Williams 


Moore 


1807-1808 


David Stone 


Bertie 


1808-1809 


David Stone 


Bertie 


1809-1810 


Benjamin Smith 


Brunswick 


1810-1811 


William Hawkins 


Warren 


1811-1812 


William Hawkins 


Warren 


1812-1813 


William Hawkins 


Warren 


1813-1814 


William Miller 


Warren 


1814-1815 


William Miller 


Warren 


1815-1816 


William Miller 


Warren 


1816-1817 


John Branch 


Halifax 


1817-1818 


John Branch 


Halifax 


1818-1819 


John Branch 


Halifax 


1819-1820 


Jesse Franklin 


Surry 


1820-1821 


Gabriel Holmes 


Sampson 


1821-1822 


Gabriel Holmes 


Sampson 


1822-1823 


Gabriel Holmes 


Sampson 


1823-1824 


Hutchings G. Burton 


Halifax 


1824-1825 


Hutchings G. Burton 


Halifax 


1825-1826 


Hutchings G. Burton 


Halifax 


1826-1827 


James Iredell, Jr.'^" 


Chowan 


1827-1828 


John Owen 


Bladen 


1828-1829 


John Owen 


Bladen 


1829-1830 


Montford Stokes^*^ 


Wilkes 


1830-1831 



190 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Elected hy the General Assembly^^ (continued) 

I Name Residence 

I Montford Stokes Wilkes 

j David L. Swain Buncombe 

I David L. Swain Buncombe 

I David L. Swain Buncombe 



' Richard D. Spaight, Jr. 



Craven 



Popular Election: Two-Year Terms^^ 


Name 


Residence 


Edward B. Dudley 


New Hanover 


Edward B. Dudley 


New Hanover 


John M. Morehead 


Guilford 


John M. Morehead 


Guilford 


i William A. Graham 


Orange 


William A. Graham 


Orange 


Charles Manly 


Wake 


[David S. Reid'^ 


Rockingham 


[David S. Reid^^ 


Rockingham 


• Warren Winslow^'^ 


Cumberland 


1 Thomas Bragg 


Northampton 


j Thomas Bragg 


Northampton 


jjohn W. Ellis 


Rowan 


Ijohn W. Ellis^5 


Rowan 


Henry T. Clark^^ 


Edgecombe 


Zebulon B. Vance 


Buncombe 


Zebulon B. Vance 


Buncombe 


jWilliam W. Holden^^ 


Wake 


^Jonathan Worth 


Randolph 


Jonathan Worth 


Randolph 


\Popular Election: Eour-Year Terms^^ 

1 


JName 


Residence 


IWilliam W Holden^^ 


Wake 


Tod R. Caldwell''^'^ 


Burke 


Tod R. Caldwell"' 


Burke 


'Curtis H. Brogden 


Wayne 


jZebulon B. Vance^^ 


Buncombe 


JThomas J. Jarvis^^ 


Pill 


jThomas J. Jarvis 


Pill 


lames L. Robinson*^"* 


Macon 



Term 

1831-1832 

1832-1833 

1833-1834 

1834-1835 

1835-1836 



Term 

1836- 

1838- 

1841- 

1842- 

1845- 

1847- 

1849- 

1851- 

1852- 

1854- 

1855- 

1857- 

1859- 

1861 

1861- 

1862- 

1864- 

1865 

1865- 

1866- 



1838 
1841 
1842 
1845 
1847 
1849 
1851 
1852 
1854 
1855 
1857 
1859 
1861 

1862 
1864 
1865 

1866 
1868 



Term 

1868-1870 

1870-1873 

1873-1874 

1874-1877 

1877-1879 

1879-1881 

1881-1885 

1883 



191 



NORTH CAROLINA MANUAL 2001-2002 



Popular Election: Four-Year Terms^'^ (continued) 



Name 

Alfred M. Scales 
Daniel G. Fowle'^'' 
Thomas M. Holt 
Elias Can- 
Daniel L. Russell 
Charles B. Aycock 
Roberl B. Glenn 
William W. Kitchm 
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 Cheriy 
William Kerr Scott 
William B. Umstead^*" 
Luther H. Hodges 
Luther H. Hodges 
Terry Sanford 
Daniel K. Moore 
Robert W Scott 
James E. Holshouser, Jr.'^^ 
James B. Hunt, Jr. 
James B. Hunt, Jr;'^'- 
James G. Martin"" 
James G. Martin 
James B. Hunt, Jr."^' 
Michael E Easley 



Residence 

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 

New Hanover 



Term 

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 

1993-2000 

2001 -Present 



Goxemors of ''Virginia'' 

' Lane was appointed by Sir Walter Raleigh and left Plymouth, England on Api! 
9, 1585. His expedition reached the New World in July A colony, however, w. 
not established until August. 

^ White was appointed by Sir Walter Raleigh and departed from Portsmout 
England on April 26, 1587. The expedition made stops at the Isle of Wight ar 
Plymouth before setting sail for "Virginia" on May 5. They reached the area to | 
settled on July 22, but Governor White wanted to make some preliminaj' 



192 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

explorations before allowing the remainder of his party to go ashore. Three days 
later the colonists left the ships. Food shortages and the absence of other needed 
supplies forced White to leave for England on August 27, 1587. Delayed in 
England because of war with Spam, 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 Executi\es 

^ Stephens was appointed ''commander of the southern plantations" by the council 
in Virginia. The geographical location of the "southern plantations" was the 
Albemarle Sound region of northeastern North Carolina where "overflow" settlers 
from Virginia lived. William S. Powell has suggested that Stephens' "presence in 
Carolina removed any urgency for a prompt appointment" of a governor for 
I CaroUna when Berkeley was instructed to do so by the Lords Proprietor and 
explains why Drummond was not appointed until 1664. 

Drummond was appointed by William Berkeley, Governor of Virginia, at the 
request of Berkeley's fellow Lords Proprietor in England. He began serving prior 
to the delivery of his commission by Peter Carteret in February, 1665. Since 
other commissions issued to Carteret bear the date December, 3, 1664, it is 
possible that Drummond's commission was also issued on that date. Records 
show that he was still governor in December, 1666, and that a successor was not 
appointed until October, 1667. He supposedly moved to Virginia sometime during 
1667. 

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

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

See footnote 6. 

Carteret commissioned Jenkins to act as deputy governor when he left ilic colony 
Carteret's legal authority to make this appointment rested in commissions issued 
by the Lords Proprietor in October, 1670, hm expired "at ihc end of four years" 
according to provisions in the Fundamental Constitutions. Carierei 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". 



193 



NORTH CAROLINA MANUAL 2001-2002 

"^ Eastchurch was elecled speaker of the assembly and assumed the role of governor 
following the imprisonment of Jenkins. He seems to have remamed ni this 
position until the spring of 1676 when he departed the colony for England. 

^^' Eastchurch "apparently left someone else as speaker, for the assembly remained 

in session". Jenkins, however, was forcibly liberated from prison by friends "at 

some date before late March, 1676." He exercised enough control to hold a court 

and, for a period prior to the departure of Eastchurch for England, both he and 

Jenkins exercised control over the province. In October, 1676, Jenkins, backed i 

by an armed force, dissolved the assembly and resumed the role of governor. I 

I 
" See footnote 10. ! 

^' The Lords Proprietor commissioned Eastchurch as governor. Upon his return to! 
the colony, he stopped at Nevis m the West Indies and sought the attention of a! 
wealthy lady. Deciding to remain in Nevis for a while, he appointed Thomas i 
Miller deputy governor until his return. Eastchurch never returned to Northi 
Carolina, dying m Virginia while on his way back to the colony Because he had 
not officially qualihed 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 ot 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. kindle) 
Butler suggests that it is possible that John Jenkins, the last de jure executive c 
the colony, acted as a dc jacto government and evidence exists that a "rebel" counci 
meeting was held in early 1678 at his home. i 

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

Harvey s commission instructed him to act as "President of the Council and executi! 
the authority of the government until the arrival of Mr. Sothell". Other details ari' 
not known. He died while still m office. 

Jenkins was elected president of the council following the death of Han'ey anc! 
died on December 17, 1681, while still in office. 

Wilkinson was appointed by the Lords Proprietor but never left England — "hj 
was arrested and imprisoned m London while preparing to sail". j 

Sothell, following his purchase of the "Earl of Clarendons share of Carolina'; 
became governor under a provision of the Fundamental Constitution whic 



194 



16 



18 



IQ 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

"provided that the eldest proprietor that shall be in 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 office before Jenkins 
died or soon afterwards. It is also possible that for a time there was an acting 
governor chosen by the council or that there may have been a period of chaos. 
Nothing is known except that Sothell arrived in Albemarle at some time prior to 
March 10, 1682, when he held court at Edward Smithwick's house in Chowan 
Precinct. Sothell soon ran into trouble with the people of Albemarle and at the 
meeting of the assembly in 1689, thirteen charges of misconduct and irregularities 
were brought against him. He was banished from the colony for 12 months and 
was prohibited from ever again holding public office in Albemarle. On December 
5, 1689, the Lords Proprietor ofhcially suspended Sothell as governor because 
he abused the authority granted him as a proprietor. 

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

^^ The Fundamental Constitutions provided that the eldest proprietor living in the 
colony would be governor and that if there were none, then the eldest cacique 
was to act. "Gibbs, a relative of the Duke of Albemarle, had been made a cacique 
of Carolina in October, 1682, and had been granted a manor in the southern 
Carolina colony a few months later. Gibbs came to Albemarle at some date before 
November, 1689, by which time he was known as 'governor.' His claim to the 
governorship seems to have been recognized in the colony for a time; an assembly 
appears to have been held while he was governor.' It is probable that Albemarle 
inhabitants recognized his claim until word arrived of Ludwell's appointment, 
which was made in December, 1689." Even after Ludwell arrived in Albemarle 
Gibbs continued to claim his right to the office. In July 1690, both were advised 
by the Virginia governor to carry their dispute to the Proprietor in England. 
which was apparently done. On November 8, 1691, the Proprietor issued a 
proclamation to the inhabitants of Albemarle reaffirming Sothel's suspension and 
repudiating the claim of Gibbs. They also suspended the Fundamcnial 
Constitutions, which stripped Gibbs of any further legal basis for his actions. 
(The actions of the Proprietors on November 8, 1691, did in fact suspend ihc 
Fundamental Constitutions even though formal announcement of their 
suspension was not made until May 11, 1693.) 

The Lords Proprietor commissioned Ludwell as governor on December 5. l089, 
following the suspension of Sothell. His dispute with Gibbs led to the issuance 
of a second commission on November 8, 1691. He served as governor uniil hi-; 
appointment as governor of all Carolina. 



195 



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NORTH CAROLINA MANUAL 2001-2002 

^^ Jams acted as deputy governor while Ludwell was in Virginia and England. He I 
was officially appointed deputy governor upon LudwelTs acceptance of the j 
governorship ol Carolina and served until his death m 1694. 

^"^ Ludwell served as acting governor, possibly by appointment of Thomas Smith, 
governor ol Carolina. The authority under which he acted is not known. 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 j 
Governor of North Carolina." Ludwell issued a proclamation on November 28, j 
1693, and land grant records indicate that he acted as chief executive intermittently j 
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 . 
m the Virginia Assembly. j 

'^^ HdYvey became president of the council upon the death of Jawis m 1694. He was j 
presiding over the council on July 12, 1694, and signed several sur\'ey warrants ; 
the same day. He continued serving until his death on July 3, 1699. 

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

''^ Archdale s authority to act as governor rested with his previous commission, i 
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 go\-crnor, 
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 ol 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 m 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 Car}' was related by marriage to John 
Archdale, the Quaker proprietor. This initial feeling of goodwill toward Caryj 
soon changed. When he arrived in North Carolina, Gary found Anglicans in; 
most places of power and, therefore, cast his lot with them. Although the lawj 
requiring oaths of allegiance was still on the statute books, dissenters had assumedi 
that Gary would not enforce it. When the General Court met on March 27.i 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

however, Gary did just that, the oath act being publicly read and put into execution. 
At the General Assembly meeting in November, 1705, Quaker members were 
again required to take oaths. They refused and were subsequently excluded from 
the legislature. Gary and his Anglican allies then passed a law voiding the election 
of anyone found guilty of promoting his own candidacy This loosely-defined 
bill gave the majority faction in the lower house the power to exclude any 
undesirable member and was designed to be used against troublesome non- 
Quakers. 

Gary'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 in March, 
1705. In England, Porter received the support of John Archdale, who persuaded 
the Lords Proprietor to issue orders to Porter suspendmg Sir Nathaniel Johnsons 
authority over North Garolina, removing Gary as deputy governor, naming five 
new councilors and authorizing the council to elect a chief executive. 

Returning to Albemarle in October, 1707, Porter found William Glover and the 
council presiding over the government because Gary had left for a visit to South 
GaroHna. This arrangement appeared satisfactory to Porter, who called the new 
lords deputies together and nominated Glover as president of the council. Glover 
was elected, but the vote was illegal since Porters instructions required that Gary 
and the former councillors be present for the voting. Porter knew exactly what he 
was doing, however, and later used the illegality of the election to force Glover 
out of office. 

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 of members to him. 
the president proposed dissolution of the assembly without further business. 
Gary objected, but the following day Glover and the rest of the council dissolved 
the General Assembly Although he had been required to convene the assembly 
in comphance with the biennial act which specified that a legislative session lie 
held every two years, Glover apparently did not want Gar\- lo use ihc gathering as 
a forum. 

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

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NORTH CAROLINA MANUAL 2001-2002 

Gary, Porter moved decisively. Late in the summer of 1708, he called together 
both Carys old councillors and the new ones, as he was ongmally supposed to 
have done in October, 1707, and announced that Glovers election as president 
had been illegal. Glover, jomed 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 ever}^ precinct which 
then proceeded to elect two sets of burgesses - one pledged to Gar)- 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 tor control of the assembly which 
met October 11, 1708, Gary forces scored an early ultimately decisive victory. 
Edward Moseley an Anglican vestryman, was chosen speaker of the house. Despite ' 
his religious afhliation, he was a Gary supporter. Through Moseleys careful ' 
management, Gar)' delegates were seated from ever}' precinct except Gurrituck. j 
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 i 
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 nullihed 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 T)Tite to be governor 
oi Garolina and instructed him to make Edward Hyde deputy governor of North 
Garolina. Arriving in the colony early in 1711, Hyde had no legal claim on the ' 
deputy governorship because Tynte had died before commissioning him. 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' 
Gar)' Rebellion began. 

^' See footnote 30. 

^' See footnote 30. 

^- See footnote 30. 

^"* See footnote 30. 

^^ See footnote 30. ! 

^^ Edward Hyde ser\'ed 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 

198 



19 



iO 



1 2 



3 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

of Gary. He was later released for lack of evidence. Hyde continued as governor 
until his death on September 8, 1712. 

'^ See footnote 36. 

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

The Lords Proprietor commissioned Eden and he served until his death on March 

22, 1722. 

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

f Reed was elected president of the council to replace Pollock and as such served 
until the arrival of George Burrington. 

Moseley, as president of the council, was sworn in as acting governor when 
Burrington left the colony to travel to South Carolina. By November 7, 1724 
Burrington had returned to North Carolina. 

Burrmgton was commissioned governor of North Carolina by the Lords 
Proprietor and served until he was removed from office. Why he was removed 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 of transition when 
North Carolina became a royal colony. 

Royal Chief Executixes 

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

^ Burrington was the hrst governor commissioned by the crown, and the onk 

man to be appointed by both the Lords Proprietor and the crown. He qualiiicd 

before the council in 1731. His political enemies succeeded in securing his removal 

from ofhce in 1734. 

Rice served as chief executive while Burrington was out of the colony 
^Johnston was commissioned by the crown and served as governor until his 

death on July 17, 1752. 
^ Rice, as president of the council, became chief executive following the death ol 

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 
I executive until the arrival of Dobbs. 



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NORTH CAROLINA MANUAL 2001-2002 



T I 



Dobbs was commissioned by the crown and arru'cd in North CaroHna in late 
October, 1754. He quaUfied before the chief justice and three members of the \ 
council who had met him m Bath, He continued serving until his death m March, . 
1765. I 

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

^' Tryon, who had been commissioned lieutenant governor under Dobbs, served ; 
as chiei executive, tirst under his commission as lieutenant governor and then | 
under a nevv' commission as governor. He served m this capacity until 1771 I 
when he was appointed governor to New York. ' 

See tootnote 53. | 

"'^ James Hasell, president of the council, acted as interim governor until the arrival  

ot losiah Martin. i 

1 
^" 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. 

Goxertiors Elected by the General Assembly i 

^''^ The Constitution ot 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." j 

^" The Provincial Congress appointed Caswell to act "until [thel 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. j 

^' 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 nearj 
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 mindi 
and wrote General Nathaniel Greene requesting the immediate return of Burke.j 
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 



200 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

who questioned the legahty, as well as the prudence, of his actions. Subsequent 
adversity prompted Burke to have his name withdrawn from the list of nominees 
for governor in 1782. He retired from pubUc Ufe to his home near Hillsborough 
where he died the following year. 

^^ Martin, as Speaker of the Senate, was qualified as acting governor upon recei\ing 
news of Burkes capture. He served 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. 

^^ Davie served only one term as governor due to his appointment in 1799 by 
President Adams to a special diplomatic mission to France. Crabtree, North 
Carolina Governors, 57. 

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

^'' See footnote 66. 

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

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

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

Popularly-Elected Governors: Two-Year Term 

 ' The Constitutional Convention of 1835 approved an amendment to the 
constitution providing for the popular election of governor. The terms of office 
for governor was lengthened to two years. He could only sen'e two terms in a 
six- year period. 

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

" On November 24, 1854, the General Assembly elected Reid to complete the 
unexpired term of Willie R Mangum in the United States Senate. 

^^ Winslow, as Speaker of the House, qualihed as governor following the resignation 
of Reid. 

"Ellis died on July 7, 1861. 

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



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NORTH CAROLINA MANUAL 2001-2002 

' ' 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. 

^^ The North Carolina Constitution o{ 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 Tenn 

^"^ The efforts of conser\'atives m keeping blacks away from the polls during the 
election of 1870 resulted m a substantial majority of the seats m the General 
Assembly being won by conservative candidates. On December 9, 1870, a 
resolution of impeachment against Holden was introduced m 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 ofhce. 

*^'^ Caldwell became governor following the removal of Holden from ofhce and was 
elected governor m the general elections of 1872. He died m ofhce 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 
Februaiy 5, 1879. 

^' Jarvis became governor follov/mg the resignation of Vance, and was elected 
governor in the general elections of 1880. 

^^ Robinson was sworn m as governor on September 1, 1883 to act while Jar\ds 
was out of the state. He served from September 1 through September 28. 

^"^ 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 m this century. He was re- 
elected m 1988. 

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



202 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Office of the Lieutenant Governor 

The origin of this office goes back to 16th centuty England when the English 
Crown established the office of the Lord Lieutenant, a county official who represented 
the king in the management of local affairs. 

Although several early American colonial charters referred to a "deputy governor," 
the phrase "Lieutenant Governor" was used for the first time in the Massachusetts 
Charter of 1691. That charter also made it clear that the Lieutenant Governor would 
become governor m the event of a vacancy The Office of the Lieutenant Governor 
in colonial times seems to have been established expressly to cope with the problem 
of gubernatorial absence. 

The concept of the Lieutenant Governor presiding over the upper house of the 
state legislature may have had its roots in the colonial practice of making the 
Lieutenant Governor the chief member of the governors council. 

The North Carolina Constitution of 1776 made no provision for a Lieutenant 
Governor. The constitutional convention of 1868 chose to create an elective Office 
of the Lieutenant Governor. 

Between 1868 and 1970, the Lieutenant Governor was a part-time official with 
very limited authority. He served only when the General Assembly was in session 
or in the absence of the Governor. His primary responsibility was to preside over 
the N.C. Senate. As the presiding officer, he appointed senators to committees and 
oversaw legislation as it passed through the Senate. Today, the Office of Lieutenant 
Governor is a full-time position and the Lieutenant Governor is no longer limited 
to one four-year term. Instead, he or she may be elected to one additional, consecutive 
four-year term. 

Unhke any other state offtcial, the Lieutenant Governor straddles the executive 
and legislative branches. The office is vested with constitutional and statutory powers 
in both branches. Under the Constitution the Lieutenant Governor is ftrst in line to 
succeed the Governor should that office become vacant. 

The Lieutenant Governor is President of the Senate, and, as chief presiding 
officer, directs the debate of bills on the Senate floor. The Lieutenant Governor is 
also a member of the Council of State and serves on the State Board of Education 
and the North Carolina Capitol Planning Commission, as well as serving on the 
North Carolina Board of Community Colleges and the Board of Economic 
Development. 

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. 



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NORTH CAROLINA MANUAL 2001-2002 

I 
I 

Boards and Commissions | 

North Carolina Capitol Planning Commission { 

North Carolina Small Business Council I 

State Board of Community Colleges ! 

State Board of Education I 

State Health Plan Purchasing Alliance Board 1 

North Carolina Local Government Partnership Council \ 

North Carolina Information Resource Management Commission (Chair) \ 

1 
For further information about the Office of the Lieutenant Go\'ernor, call (919)i 

733-7350 or visit the offices Web site at wAvw.lteov.state.nc.us. i 



Beverly Eaves Perdue 

Lieutenant Governor 

Early Years 

Born in Grundy, Va. 

Educational Background 

B.A., University of Kentucky; Masters in Education, 
University of Florida; Ph.D. in Administration, 
University of Florida. 

Professional Background 

Lieutenant Governor 

Political Activities 

Lieutenant Governor of North Carolina, 2001- 

Present; N.C. Senate, 1990-2000; N.C. House of I 

Representatives, 1986-1990. i 

! 
Business/Professional, Charitahle/Civic or Community Service Organizcitions ' 

Volunteer, North Carolina Food Bank; Volunteer, Carolina Center for Hospice anc. 

End ot Life Care; Member, National Conference of Lieutenant Governors. ) 

Elective or Appointed Boards and Commissions \ 

Chair, Health and Welfare Trust Fund Commission; Slate Board of Education; Stat(' 
Economic Development Board. ? 

Honors and Awards I 

NCEITA Public Leadership m Technology Award; Gold Heart Honoree, Amencai 
Heart Association; Presidents Award, N.C. Educators Association. 




204 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Personal Information 

Married, Robert W Eaves, Jr.; two children, two stepchildren, two grandchildren; 
Episcopalian. 



Lieutenant Governors^ 

[hJame 

Tod R. CaldwelP 
Curtis H. Brogden^ 
iThomas J. Jarvis*^ 
tjames L. Robinson^ 
(Charles M. Stedman 
Thomas M. Holt'' 
Rufus A. Doughton 
I Charles A. Reynolds 
jWilfred D. Turner 
iFrancis D. Winston 
William C. Newland 
Elijah L. Daughtridge 
Oliver Max Gardner 
WiUiam B. Cooper 
Jacob E. Long 
Richard T. Eountain 
Alexander H. Graham 
Wilkins R Horton 
Reginald L. Harris 
Lynton Y. Ballentine 
Hoyt Patrick Taylor 
|Luther H. Hodges^ 
iJLuther E. Earnhardt 
|Harvey Cloyd Philpott^ 
JRobert W Scott 
iHoyt Patrick Taylor, Jr. 
James B. Hunt, Jr. 
jjames C. Green*^ 
Robert B. Jordan, 111 
James C. Gardner ^° 
Dennis A. Wicker 
Beverly Eaves Perdue 

The Office of Lieutenant Governor 
of 1868. 



Residence 


Term 


Burke 


1868-1870 


Wayne 


1873-1874 


Pitt 


1877-1879 


Macon 


1881-1885 


New Hanover 


1885-1889 


Alamance 


1889-1891 


Alleghany 


1893-1897 


Forsyth 


1897-1901 


Iredell 


1901-1905 


Bertie 


1905-1909 


Caldwell 


1909-1913 


Edgecombe 


1913-1917 


Cleveland 


1917-1921 


New Hanover 


1921-1925 


Durham 


1925-1929 


Edgecombe 


1929-1933 


Orange 


1933-1937 


Chatham 


1937-1941 


Person 


1941-1945 


Wake 


1945-1949 


Anson 


1949-1953 


Rockingham 


1953-1954 


Cabarrus 


1957-1961 


Davidson 


1961-1965 


Alamance 


1965-1969 


Anson 


1969-1973 


Wilson 


1973-1977 


Bladen 


1977-1985 


Montgomery 


1985-1989 


Nash 


1989-1993 


Lee 


1993-2000 


Craven 


2001-Present 


was created by the North Carolina Constiti 



.. 



205 



NORTH CAROLINA MANUAL 2001-2002 

•^ Caldwell became governor following Holdens impeachment m 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. j 

' Hodges became governor following Umsteads death. i 

^ Philpott died on August 18, 1961. I 

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

'^^ Gardner was elected m 1988, becoming the first Republican elected lieutenant! 
governor this century. j 



206 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of the Secretary of State 

The Department of the Secretary of State is the second-oldest government office 
in North Carohna. Shortly after the Lords Proprietor were granted their charter in 
1663, they appointed the first secretary to maintain the records of the colony. The 
Joffice continued after the crown purchased North Carolina from the Lords Proprietor 
[in 1728. The Office of Secretary of State even survived the turmoil of the Revolution, 
! finding its way into the North Carolina State Constitution of 1776. 

I From 1776 until 1835, the Secretary of State was elected by the General Assembly 
iin joint session for a term of one year. The Convention of 1835, in addition to 
•'changing the meeting schedule of the General Assembly from annually to biennially, 
'also provided for the election of the Secretary of State by the General Assembly 
"every two years. Beginning in 1868, the Secretary of State was elected by the people 
of North Carohna. 

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

Rufus Edmisten, a former North Carolina Attorney General and aide to the U.S. 
Senates Watergate investigation committee in the 1970s, succeeded Eure in 1989. 
;'Re-elected in 1992, Edmisten resigned as Secretary of State in March, 1996. Governor 
pames B. Hunt, Jr., appointed the former secretary of the Department of Revenue, 
panice Faulkner, to serve out the remaining months of Edmistens term. Faulkner's 
appointment made her the hrst woman ever to serve both as Secretary of State and 
as a member of the Council of State. 

Elaine E Marshall, a Lillington attorney and former state senator, became North 
Carolina's first female elected Secretary of State in 1996, defeating former stock car 
racer Richard Petty The victory at the polls also earned Marshall a place in state 
history as the first woman ever elected to the Council of State. Marshall was re- 
elected in 2000. 

Today 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 



207 



NORTH CAROLINA MANUAL 2001-2002 

and an ex-otficio member ot the Local Government Commission and Capital | 
Planning Commission and the Information Resources Management Commission. | 

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

The Secretary of State is empowered by law to administer oaths to any public 
ofiicial of whom an oath is required. The secretary is frequently called upon to i 
administer oaths to officers of the Highway Patrol, judges and other elected officials, i 

The department plays an important role m the states economy. Many of the • 
department s programs encourage capital investment m North Carolina by providing i 
a stable regulatory environment for business and industry. The agency is also a i 
leader m developing electronic commerce throughout the state. The departments! 
business-related sub-branches include: > 

Business License Infortnation Office 

The Business License Information Office (BLIO) helps thousands of businesses,, 
ranging from sole proprietorships to multinational corporations, that operate or' 
desire to operate m North Carolina. BLIO was created in 1987 by the General 
Assembly to help businesses navigate through the many state agencies and boards i 
that together issue over 700 different types of business-related licenses. Without: 
charging any fee, the oifice provides new and established businesses with mlormatiori; 
on licenses and permits required by state law. BLIO often assists businesses with^ 
useful information regarding federal and local government requirements. New 
businesses may take advantage of BLlOs clearinghouse function as a central source^ 
of information about organizations focused on assisting new business start-ups. 

The office also publishes the Nonh Cavolina State Dircctoiy of Business Licenses^ 
and Permits. This directoiy provides basic information identifying the more than' 
700 state licenses and permits, indicating the agencies or boards that issue the; 
Ucenses ands indicating the fee amounts charged for the licenses. To save time ir; 
learning state business requirements, call BLIO at (800) 228-8443 or (919) 807- 
2166. 

Corporations Division 

This division regulates the formation, activities and dissolution of ever)] 
corporation, limited liability company and limited partnership in the state. Tbj 
department is required by North Carolina law to ensure uniform compliance witli 
statutes governing the formation of business entities. As a result, the division record: 
business entity information rec[uired by law as a public record, prevents duplicatioij 
of business entity names and furnishes entity information to the public. The di\isioi 
is responsible for maintaining records on approximately 300,000 curren 
corporations, limited partnerships, limited liability partnerships and limited liabiliti 
companies. The Information Services Group responds to thousands of inquirie 

208 



|THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

regarding entity records. Information on the Corporations Division website is 
1 accessed m excess of 700,000 times per month. 

Securities Division 

The Securities Division regulates the sales of stocks and other financial instruments 
iand the activities of brokers across the state. The division is responsible for 
■administering North Carolma's securities laws. These "blue sky" laws constitute 
'Chapters 78A, and 78C of the General Statutes. These seek to protect the investing 
; public by requiring a satisfactory investigation of both the people who offer securities 
■and of the securities themselves. The laws provide the division with significant 
Tnvestigative powers. 

The Securities Division handles investor complaints concerning securities brokers 

• and dealers, investment advisers or commodities 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 in a claim for 

monetar)' damages, the staff can investigate alleged \iolations and suspend or revoke 

a brokers license. The di\'ision also has the statutory authority to issue stop orders 

.against securities offerings, issue cease and desist orders, seek court injunctions or 

'refer the results of an investigation to a district attorney for criminal prosecution. 

. Comiction of willfully violating the state security laws is a felony Investors with 

i concerns about or complaints against specific brokers can call the division at (800) 

j 688-4507. The division is also responsible for the registration of loan brokers and 

j investment advisers. The department, acting as the securities administrator for North 

' Carolina, is a member of the North American Securities Administrators Association. 

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 

j Commission, and with various industry groups such as the National Association 

|l of Securities Dealers. 

i 

Trademarks Section 

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

Uniform Commercial Code Division 

This division ser\'es as the repository for lien records filed by banks, mortgage 
companies and other financial institutions throughout the state. Uniform Commercial 
j Code Article 9 of the North Carolina General Statutes requires the department to 
provide a method of notifying interested third parties of security interests in personal 
property The division maintains a notice hling system similar to those used by 
nearly every state in the Union. The UCC Division's records are public records. The 
di\asion processes more than 10,000 filings monthly 

209 



NORTH CAROLINA MANUAL 2001-2002 

Records on file include a statement showing the name and address of the debtor, 
the secured party and a brief description of the collateral. These documents are I 
indexed by debtor name. A search of the records on a particular debtor will produce 
a list of all active creditors who have tiled statements with this office. I 

Financing statements are generally effective for a five-year period. Prior to their ' 
expiration date, the statements may be extended for an additional five years. The : 
department also ser\Ts as central filing office for federal tax liens, which are handled \ 
in the same manner as UCC filings. I 

The department also plays a role in the lives of many North Carolina residents 
through the following programs: j 

Authentications Section I 

The Authentications Section helps residents and businesses navigate the ! 
requirements of the Hague Convention, which governs international protocol for i 
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 residents complete 
the paperwork for overseas adoptions and shipment of bodies tor burial outside . 
the borders of the United States each year. Businesses conducting transactions overseas : 
also rely on the sections services. 

Charitable Solicitation Licensing Section 

The Charitable Solicitation Licensing Section regulates organizations and persons j 
who raise money tor charitable purposes from persons within the geographical, 
boundaries of North Carolina. The section administers the Solicitation of 
Contributions Act, Chapter 13 IF of the North Carolina General Statutes. The section ; 
protects the public from deception, fraud or misinterpretation regarding how or for; 
what purpose donations will be used. j 

Before soliciting residents of North Carolina for contributions, organizations ' 
subject to the state law must apply for and obtain a license to solicit. Licenses musti 
be renewed annually and the section reviews applications and issues licenses to 
those in compliance with the law. The section has broad power to investigate' 
complaints that soliciting organizations and individuals are not complying with; 
the state law. The section may provide assistance to the states attorney general in.' 
prosecuting civil actions brought to enforce solicitation laws. j 

Land Records Section i 

The Land Records Section works with local governments to establish standards,' 
for the storage of vital land records such as deeds. The section has provided expertise 
free to the many local governments creating electronic archives of their land records. 



210 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The section is also responsible for maintaining the municipal annexation maps 
and ordinances, municipal charter amendments and county boundary maps that 
are required to be filed with the department. 

Notary Public Section 

Over 164,000 North Carolinians are registered as notaries public through the 

departments Notary Section. The department has issued commissions to notaries 

public since 1971. The office of notary public is one of the oldest in history, having 

i existed as far back as the Greek and Roman Empires. There are notaries in all 50 

(States and in most of the countries around the world. Notaries provide a means for 

' establishmg the authenticity of signatures on legal documents such as deeds, 

automobile titles and other instruments. The section has an enforcement section 

I that works v/ith local and state agencies to enforce notary public law and prosecute 

1 violators. 

Publications Division 

The Publications Division compiles and publishes information useful to the 
General Assembly other state agencies and the people of North Carolina. The division 
, maintains a wide range of reference works, such as the North Carolina Manual and 
the Directory of State and County Officials, while also managing an archive that 
includes state voting records — both primar)' 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 division is also the repository for 
gender equity reports mandated by law for various state and local appointed 
commissions. The divisions web site has developed an extensive list of North 
Carolina-related URLs. 

Lobbyist Registration 

This division administers the state's legislative lobbying laws. It is also a 
repository for official copies of ratified laws. 

For more information about the Department of the Secretar>' of State, call: (919) 
I 807-2000 or visit the department's Web site at www.sosnc.com. 



211 



NORTH CAROLINA MANUAL 2001-2002 




Elaine F. Marshall 

N.C. Secretary of State 

Early Years 

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

Educational Background 

Bachelors of Science in Textiles and Clothing, 
University of Maryland, 1968; Juris Doctor, 
Campbell University School of Law, 1981. 

Professional Background 

Director of Camping, Maryland 4-f4 Foundation 

(summers), 1964-1966; Teacher, Lenoir County 

School System, 1969-1970; Co-Owner, Book 

and Gift Store, 1969-74; Instructor, Lenoir 

Community College and Johnston Technical Community College, 1970-1977; Owner 

and Decorator, The Custom House, Dunn, 1975-1979; Associate, Office of Edgar R, 

Bain, Lillington, 1981-1984; Partner, Bam & Marshall, Lillington, 1985-1992; Partner, 

Marshall & Marshall, Lillington, 1993-96. 

Political Activities 

North Carolina Secretary of State, 1997-Present; Senator, 15th District, North' 

CaroUna 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 j 

Democrats of North Carolina, 1974-1977. ' 

I 
Organizations, Boards and Commissions j 

Member, North Carolina Courts Commission, hivenile Code Studv Commission,; 

Agriculture and Forestiy Resources Study Commission and Joint Legislative Highway! 

Oversight Committee, N.C. General Assembly, 1993-1994; Member, Board ofj 

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 Lhiited Way, 1987-1996; Founding boards 

member, Harnett County Rape Crisis (now SAFE), 1988-1991; President, Harnett; 

County Bar Association, 1988-1989; Governor, N.C. Association of Women, 

Attorneys, 1995; Founding Chair, Harnett HelpNel for Children, 1992; International] 

Farm Young Exchange Delegate to Brazil, 1967; National Scholarship Winner, 4-Hf 

Foundation, 1963; President, Maryland 4-H, 1963. 

Honors and Awards 

In the Arena Award (for departments new interactive database system) and Best ol 
Breed Award (for leadership in opening up state government through Internet-based 
access). Center for Digital Government, 2002; Alumni of the Year, North Carolina 



212 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

4-H, 2001; Inductee, Academy of Women, Wake County YWCA, 2001; James Earl 

Carter Outstanding Alumni Award, Young Democrats of America, 2001; Special 

Achievement Award for Technology, Academy of Trial Lawyers, 2000; Leadership 

in Technology Award, Government/Non-Profit Sector, NCEITA, 1998; Career 

jWoman of the Year, Business & Professional Women m North Carolina, 1998; 

Distinguished Citizen Award, N.C. Council for Women, 1997; Distinguished Citizen 

jiof the Year, N.C. Council for Women, 1996; Recipient, Richter Moore Public Service 

Award, N.C. PoUtical Science Association, 1997; Recipient, Gwyneth B. Davis Award, 

iN.C. Association of Women Attorneys, 1996; Honorary member, Delta Kappa 

I Gamma Society, 1994; Lillington Woman of the Year, 1994; Public Citizen of the 

'Year, N.C. Chapter of the National Association of Social Workers, 1994; Dunn 

Business Woman of the Year, 1990; Academic Honorary, Phi Kappa Phi, 1989; 

i 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, Bill Holford. Five step-children. Seven grandchildren. Member, Divine 
Street Methodist Church, Dunn. 

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 

iWoodrowe^ 1683-1685 

Francis Hartley' 1685-1692 

Daniel Akehurst^ 1692-1700 



213 



NORTH CAROLINA MANUAL 2001-2002 



Colonial Secretaries-^ (continued) 



Name 


Residence 


Term 


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 McCuUoch'" 




1755 


Richard Spaight-*-^ 




1755-1762 


Richard Spaight'' 




1762 


Benjamin Herons- 




1762-1769 


John London-' 




1769-1770 


Robert Palmer-"* 




1770-1771 


Thomas Faulkner-^ 




1772 


Samuel Strudwick-'' 




1772-1775 


Secretaries of State^ 






James Glasgow-"^ 




1777-1798 


William White-*^ 




1798-1811 


William Hiir^^^ 




1811-1857 


Rufus H. Page'' 




1857-1862 


John P H. Russ'- 




1862-1864 


Charles R. Thomas" 




1864-1865 


Robert W Best'^ 




1865-1868 


Henry J. Menninger" 


Wake 


1868-1873 


William H. Howerton 


Rowan 


1873-1877 


Joseph A. Engelhard'" 


New Hanover 


1877-1879 


William L. Saunders^^ 


Wake 


1879-1891 


Octavius Coke'*^ 


Wake 


1891-1895 



214 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Secretaries of State^^ (continued) 

Name Residence Term 

iCharles M. Cooke^^ Franklin 1895-1897 

i Cyrus Thompson Onslow 1897-1901 

IJJohn Bryan Grimes^^ Pitt 1901-1923 

jWilliam N. Everett^^ Richmond 1923-1928 

ijames A. Hartness^^ Richmond 1928-1933 

.Stacey W. Wade^^ Carteret 1933-1936 

Charles G. Powell"^ Granville 1936 

Thad A. Eure^^ Hertford 1936-1989 

Rufus L. Edmisten^^ Watauga 1989-1996 

[Janice 1. Faulkner^^ Pitt 1996 

i Elaine E Marshal^*' Harnett 1997-Present 

Colonial Secretaries 

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

' The Lords Proprietor commissioned Carteret and he arrived in Albemarle on 
 February 23, 1665. He was presumably qualified shortly after his arrival. 
, Following the death of Governor Stephens in early 1670, Carteret was chosen as 
; his successor, but apparently continued serving as secretary. It is possible that he 
acted in both capacities until his departure for England in 1672. 

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

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

The Lords Proprietor appointed Holden. He apparently arrived in Albemarle in 
July 1679. The Lords Proprietor issued a warrant appointing him Receiver General 
of North Carolina in February 1679, and it is possible that a similar warrant was 
issued about the same time for secretary Records indicate Holden was acting as 
secretary by November 6, 1679. Sometime between March, 1681, and July 1682, 
Holden was imprisoned on charges of "gross irregularities in the collection of 
Customs" — another office which he held. Extant records do not indicate what 
ultimately happened to him. His name does not appear in council records after 
1681 and, in 1682, John Archdale was issued a blank commission to appoint a 
new receiver-general. It is possible that Holden was released from prison or 



4 



215 



NORTH CAROLINA MANUAL 2001-2002 



acquitted ol ihc charges and continued serving as secretary. Some sources indicate 
he served until 1684. Other references, however, indicate that someone else was 
acimiz as secretarv in 1684 or earlier. 



't> 



10 



Little IS known about Woodrowe, not even his hrst name. The only mention of 
him in extant records is in a letter written by the Lords Proprietor m February, 
1684. The letter indicates that he had been sewing 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 ser\Td until his death sometime m 
late 1699 or early 1700. His will was probated m Virginia m 1700. 

Swann may have been appointed to replace Akehurst; When he took ofhce 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 documentaiy evidence of Knight acting as 
secretary is his certification of a court proceeding on Februaiy 20, 1705. There is 
no e\idence that he served as secretary after 1708. He was, however, again serving' 
in 1712. I 

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

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 ot Low actually serving 
as secretary. 

'^ The Lords Proprietor commissioned Knight and he subsequently qualified befoni 
the governor and council. In 1719 he was called before the council to answe) 
charges ot conspiracy with pirates, but was acquitted. He apparently died in lat(' 
June, 1719, since a successor was appointed on June 30, and his will was probatecj 
on July 7, 1719. ! 

'"* Lovick was appointed by the governor and council loUowing Knights death, j 

' ' The Lords Proprietor commissioned Lovick and he qualihed before the governo! 
and council. He served until 1731. 

'•^ Governor Burrington named Anderson as "acting" secretar\^ until Rice arrived 



216 



12 



18 



19 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

i^'' Rice was commissioned by the crown and qualified before the governor and 
council. He ser\'ed 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 McCulloch's appointment as secretary 
and Governor Dobbs certified his commission on July 1 while both were still in 
England. McCulloch quaUfied 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. 

,p° 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 qualified before Dobbs on October 
30. 

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

l" 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 in 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 for Faulkner. He rented his 
commission to Samuel Strudwick. 

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



13 



,25 



•7 



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. Since 1868, the Secretar)' of State has been elected by the people and 
serves for a four-year term. He or she can run for re-election. 



217 



NORTH CAROLINA MANUAL 2001-2002 

I 

^^ The provincial congress appointed Glasgow to ser\-e until the next meeting of 
the General Assembly. He was later elected by the General Assembly to a regular 
term and continued servmg until 1798 when he resigned because of his i 
involvement m a land scandal. The General Assembly received his resignation 
on November 20. 

^"^ White was elected to replace Glasgow and serv'ed until his death sometime m late 
September or early November, 1811. 

''' Hill died on October 29, 1857. 

^' Page was appointed by the governor with the advice and consent of the council. 
He was later elected by the General Assembly to a regular term, but he w^as defeated 
for re-election in 1862 by Russ. 

-^- Russ requested that his name be withdrawn at the end of the hrst round of balloting 

m 1864. 

I 
^^ Thomas, elected by the General Assembly, took office on January 3, 1865, and: 

ser\'ed until the end of the Civil War. Governor William W Holden appointed 

Thomas as secretaiy m the pro\isional government. Thomas resigned on August 

12, 1865. ' ' 

^"^ Best may have been appointed earlier by Holden following Thomas' resignation 
since his name appears beneath that ot Thomas in the Record Book. The book 
simply states that Best was appointed m 1865. He was later elected by the General 
Assembly and ser\'ed until the new state constitution was put into effect m 1868. 

^^ Mennmger w^as elected m the general election m April, 1868, but declined to run 
for re-election m 1872. 

^^ Engelhard died Februaiy 15, 1879. 

^'' Governor Jarv'is appointed Saunders on February 18, 1879, to replace Engelhard.; 
Saunders was elected to a full term in the general elections in 1880 and ser\^ed' 
following subsequent re-elections until his death on April 2, 1891. 

''^ Governor Eowle appointed Coke on April 4, 1891, to replace Saunders. He waf' 
elected to a full term m the general elections in 1892 and ser\'ed until his death 
on August 30, 1895. 

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

"•^^ Grimes died January 16, 1923. , 

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



218 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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

''^ Wade resigned in November, 1936. 

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

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

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

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

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

I 



219 



NORTH CAROLINA MANUAL 2001-2002 

Office of the State Auditor 

The Ofiicc of the Stale Auditor was created by the Constitution of 1868, although 
an "auditor ol public 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 
eveiy four years. The Office of the State Auditor conducts audits of the financial 
attairs of all stale 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, efhciency 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 re\iews of certain non-profit 
organizations by public accounting firms. 

In addition to being state governments accountabihty "watchdog," the state 
auditor performs several other statutoiy 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 Oftice 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 activities. 

Auditing Division 

The Auditing Division conducts hnancial 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 
oi 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 



220 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

and accuracy of computer-generated data. The division monitors the use of state 
funds pro\ided 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 specific allegations received via the states Fraud, Waste and Abuse Hotline 
at (800) 730-TIPS. 

The Audit Dndsions 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 in branch offices throughout 
the state: Asheville, Morganton, Charlotte, Greensboro, Winston-Salem, Fayetteville, 
Greenville, Elizabeth City and Wilmington. 

Boards and Commissions 

Advisory Council, NCACTS 

Capital Planning Commission 

Council of State 

Education Facilities Finance Agency 

Information Resource Management Commission 

Local Government Commission 

N.C. Local Government Partnership Commission 

For further mformation on the Office of the State Auditor, call (919) 807-7500 
or fax: (919) 807-7647. To report specihc incidents of fraud, waste or abuse in 
state government, call the departments Hodine at (800)-730-8477 

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



Ralph Campbell Jr. 

State Auditor 

Early Years 

Born in Raleigh, Wake County on December 7, 
1946, to the late Ralph and June Kay Campbell, 
Sr. 

Educational Background 

J. W Ligon High School, Raleigh, 1964; B.S. in 
Business Administration with Accounting 
Concentration, St. Augustine's College, Raleigh, 
1968; Certified Fraud Examiner, 1995. 




221 



NORTH CAROLINA MANUAL 2001-2002 

Professional Background 

Stale Audilor, 1992-Present; Administrative Officer, N.C. Department of Insurance, 
1990-92; Plan Auditor, State Health Benefits Office, 1986-90; Field Auditor, N.C. 
Department of Revenue, 1977-86. 

Political Activities 

State Auditor, 1992-Present; Raleigh City Council, 1985-1992; Mayor Pro-Tem, 
Raleigh City Council, 1989-91. 

Business/Professional, Civic/Charitable or Community Service Organizations 

Harvard Policy Group; Advisory Council on Government Auditing Standards, U.S. 
General Accounting Office; National Association of State Auditors, Comptrollers 
and Treasurers. 

Elective or Appointed Boards and Commissions 

N.C. Council of State 1993-Present; N.C. Information Resource Management 
Commission, 1993-Present (Chair, 2000); North Carolina Local Government 
Commission. I 

Military Service 

Served as SP-4, Field Artillery, U.S. Army Reserve, 1971-77. I 

Honors and Av^ards 

1995 Auditor General's Integrity Award, U.S. Department of Health and Human' 
Services, 1995; Secretary's Award for Distinguished Service, U.S. Department of- 
Health and Human Ser\ices, 1996; Omega Man of the Year, Omega Psi Phi Fraternity 
1984. 

Personal Information i 

Member, St. Ambrose Episcopal Church, Raleigh, N.C. I 

State Auditors 

Auditors of Public Accounts 

Name 

Samuel F Phillips' 
Richard H. Battle- 
State Auditors 

Henderson Adams ^ 
John Reilly 
Samuel L. Love 
William P Roberts 
George W. Sandlin 
Robert M. Furman 
Hal W Ayer 
Benjamin F Dixon"* 

222 



Residence 


Term t 


Orange 


1862-1864 1 


Wake 


1864-1865 




1868-1873 


Cumberland 


1873-1877 1 


Haywood 


1877-1881 i 


Gates 


1881-1889 


Lenoir 


1889-1893 1 


Buncombe 


1893-1897 


Wake 


1897-1901 


Cleveland 


1901-1910 j 



Residence 


Term 


Wake 


1910-1911 


Randolph 


1911-1921 


Wake 


1921-1937 


Johnston 


1937-1947 


Guilford 


1947-1981 


Johnston 


1981-1993 


Wake 


1993-Present 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

State Auditors (Continued) 
Name 

Benjamin F. Dixon, Jr.^ 
William P. Wood*^ 
Baxter Durham 
George Ross Pou^ 
Henr)' L. Bridges'^ 
Edward Renfrow" 
Ralph Campbell, Jr.i° 

Auditors of Public Accounts 

^ Phillips resigned effective July 10, 1864. 

^ Governor Vance, with the advice and consent of the Council of State, appointed 
Battle to replace Phillips. The General Assembly later elected Battle to a regular 
term, and he served until the offtce was abolished in 1865. 

State Auditors 

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

f'^ Dixon died September 26, 1910. 

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

f 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. 

.' Renfrew was elected in 1980. 

Ralph Campbell, Jr., was elected in 1992. 



223 



NORTH CAROLINA MANUAL 2001-2002 

Department of State Treasurer 

North Carolina's Treasurers Court was established in 1669. The court wasj 
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 andi 
Southern North Carolina. The assembly added four additional treasurers m 1779,; 
each seiTing a defined geographical area called a district. In 1782 another district! 
with its own treasurer was created. The multiple-treasurer arrangement continued; 
until 1784, when the General Assembly eliminated multiple treasurers and assigned! 
the duties of the office to a single individual elected by joint vote of the two houses! 
of the legislature for a two-year term. This executive structure continued until a new! 
state constitution was ratified m 1868. The Constitution of 1868 provided for ai 
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 ot 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 Prioi; 
to then, the state had veiy limited financial resources. The entire state budget iri^ 
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. Benjamir 
R. Lacy of Wake County held office the longest of any post-war treasurer. Lac)' 
served from 1901 to 1928. Edwm Gill of Scotland County, who served from 195: 
until 1977, had the second-longest tenure in office of all post-war treasurers. Th( 
all-time record tor tenure m office by a treasurer, however, still belongs to Johri 
Hay^'ood. Hay'wood sen'cd the state for 40 years, from 1787 to 1827. ' 

North Carolinas state treasurers have long enjoyed a nationwide reputation fo; 
fiscal integrity and financial responsibility Edwin Gill, m particular, did much tcj 
earn that v^ndespread public trust b)' establishing and maintaining high professiona 
standards for the department during his administration. As a result. North Carolin; 
received the coveted Triple-A credit rating for the first time m the early 1960s. Th( 
rating, which North Carolina has carefully maintained ever since, saves state taxpayer 
roughly $125 million each year through lower interest rates on the states long-tern 
debts. This rating was maintained by Harlan Boyles, North Carolina State Treasure; 
from 1977 to 2000 and Gills deputy treasurer for 16 years before. 

Richard Moore, current North Carolina State Treasurer, who was elected to hi' 
first term in 2000, is continuing to follow the same high standards of fiscal integrit; 
that have characterized North Carolinas public finance system for the past half centur; 



224 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

As State Treasurer, Moore has taken steps to put rigorous investment standards in 
place, expand outreach of the Escheats and Unclaimed Property Program and promote 
the cause of financial literacy among North Carolina citizens. 

As the states banker and custodian of public monies, the Department of State 
; Treasurer has become one of the most important agencies in the executive branch. 
fThe state treasurer has more constitutional and legislatively-assigned duties than 
,iany 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 
IjCommission and chair of the Tax Review Board, the State Banking Commission, 
Ithe Teachers and State Employees Retirement System Board of Trustees and the 
fNorth 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 
ijbranch. The department currently employs 290 people and has an annual budget 
[of $31 million. It is divided into four operating divisions and one support division. 
jThose divisions are: 

Retirement Systems Division 

,| The Retirement Systems Division administers the four statutory retirement and 
•eight fringe benefit plans that cover the states pubfic employees. Administration of 
;the several retirement systems and benefit plans requires a high level of fiduciary 
jresponsibility for the employees' trust funds entailing the prudent and efficient use 
f employee and taxpayer contributions. 

These retirement systems and benefit plans help the state recruit and retain 
ompetent employees for a career in public service. They provide replacement income 
jfor employee retirement or disability and death benefits for an employees sur\ivors. 
More than 600,000 active and retired public employees and their dependents rely 
jpn these retirement and fringe benefit plans for a substantial portion of their long- 
lerm financial stability The division administers the Teachers' and State Employees' 
Retirement System; the Local Governmental Employees' Retirement System; the 
jlonsolidated Judicial Retirement System; and the Legislative Retirement System. 

I Two boards of trustees govern these systems. The state treasurer is ex-otticio 
hhairman of each board. The board of the Teachers' and State Employees' Retirement 

ystem is composed of 14 actively-working employees, retirees and public members. 

fhe Local Governmental Employees' Retirement System Board, while legally separate, 

s composed of the same 14 members plus three additional members representing 

ocal governments. 

The Board of Trustees of the Teachers' and State Employees' Retirement System 
s the governing board of the Consohdated Judicial and Legislative Retirement 

225 



NORTH CAROLINA MANUAL 2001-2002 

Systems in 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 ser\'ing as ex-ofhcio chairman. j 

All retirement systems are joint coniributory-defmed benefit plans withi 
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 percentj 
(7%) ot his compensation. Fmployers make monthly contributions based on a| 
percentage rate of the members' compensation for the month. Employer contribution] 
rates are actuarially calculated. j 

The Retirement Systems Division also administers the Separate Insurance Benefits! 
Plan; the Disability Income Plan; the Legislative Retirement Fund; the Nationalj 
Guard Pension Plan; the Teachers and State Employees Death Beneht Trust; the; 
Supplemental Retirement Income Plan; the Registers of Deeds' Supplemental Pension; 
Fund; the Contributory Death Beneht for Retired Members; the Firemen's and Rescue 
Squad Workers' Pension Fund. The division also acts as State Social Security 
Administrators. 

The department's consistent use of conservative actuarial assumptions and an 
approved actuarial cost method over the years since the establishment of the retirement 
systems and beneht plans ha\'e 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 m each system to the total number of members of al 
systems. Receipt support from other programs pays for their cost of administratior 
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 Division I 

The Investment Division serves as the state's chief investment officer by 
administering the State Funds Cash Management and Trust Funds Investmen 
Programs. 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 lull hduciary responsibility for these investment programs, 
State law requires that the programs be structured so investments can be readiL 
converted to cash when needed. The state's constitution forbids the use of assets ii 
retirement system funds for any purpose other than providing retirement benefitsj 
administrative expenses and refunds. 



226 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Financial Operations Division 

The Financial Operations Division senses as the states banker by receiving and 
disbursing all state monies. The General Assembly of North Carolina has pro\ided 
a centralized system for managing the flow of monies collected and disbursed by all 
state departments, agencies, institutions and universities. That system is centralized 
m 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 benehciary of the flow of funds through the commercial 
banking system in the course of conducting state business. 

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 and the North Carolina Capital FacUities 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 
jwell as three members appointed by the governor, one by the lieutenant governor 
iand 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. 

j The State Treasurer is responsible for the issuance and service of all state debts 
^ecured by a pledge of the taxing power of the state. After approval of a bond issue, 
ithe division assists in determining the cash needs and most appropriate time for 
scheduling bond sales after consultation with other state agencies. It plans for 
Repayment of the debt and prepares, with the advice and cooperation of bond counsel 
knd the assistance of other state agencies, the official statement describing the bond 
jssue and other required disclosures about the state. The division also participates 
In the actual sale and delivery of the bonds. 

Division staff maintain state bond records and a register of bonds and initiate 
jiebt service payments as they become due. In addition, the division is responsible 
jbr the authorization and issuance of revenue bonds for the North Carolina Medical 
Care Commission; the North Carolina Housing Finance Agency; the North Carolina 
IVlunicipal Power Agency Number 1 ; the North Carolina Eastern Municipal Power 
•agency and the North Carolina Educational Facilities Finance Agency 



227 



NORTH CAROLINA MANUAL 2001-2002 

Division staff provide technical assistance in financial matters within the 
Department of State Treasurer and to other state agencies. 

The State and Local Government Fmance Division provides technical assistance 
on hnancial matters to local governments and public authorities across North 
Carolina through the Local Government Commission. The divisions staff makes 
recommendations to the commission on the approval, sale and deliveiy of all North 
Carolina local government bonds and notes. The Local Government Commission 
must approve any proposed issue before local governments can incur that debt. 
The commission examines the necessity for the issue, the size oi the issue, the local 
governments debt management policy, 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 dehnitive 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 fiscal 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 hnancial 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 treasuiy and cash management budget preparation, as well as investment policies 
and procedures. The division also provides educational programs tor local 
governments m the form of seminars and classes. Division staff examine and analyze 
annual audited hnancial statements and other rec^uired reports trom local 
governments. Information from these reports is compiled and provided to local 
government officials and outside organizations to enhance the management of public 
funds. The Local Government Budget and Fiscal Control Act requires each unit of 
local government to have its accounts audited annually by a certified public 
accountant or by an accountant certified by the commission as quaUfied to audit 
local government accounts. The department provides continued assistance to the 
independent auditors through individual assistance and continuing professional 
education. 

Administrathe Services Division 

The Administrative Ser\'ices Division includes the areas of Human Resources, 
Public Affairs, Supply and Mailroom Operations and the Escheat and Unclaimed 
Property Property. The Escheat and Unclaimed Property Program is responsible for 



228 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

holding funds and property when the rightful owner cannot be located. Individuals 
and businesses turn over funds such as abandoned bank accounts and uncashed 
checks to the program. The program also receives tangible property, such as the 
contents of unclaimed safe deposit boxes. Escheat and Unclaimed Property staff 
attempt to return this property to its rightful owners whenever possible. The 
department invests escheat monies and uses the interest earned to provide financial 
assistance to needy and worthy students attending state-supported institutions of 
higher education. 

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. Capital Facilities Finance Agency Board of Directors 

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 . 

Richard Hancock Moore 

State Treasurer 

Early Years 

Born in Granville County on August 30, 1960, to 
G. Tingley and Lucy Hancock Moore. 

Educaticon 

J.F Webb High School, Oxford, 1978; B.A. m 
History, Wake Forest University, 1982; Graduate 
Degree in Accounting and Finance, London School 
of Economics, 1984; J.D., Wake Forest University 
School of Law, 1986. 

Professional Background 

State Treasurer. 

Political Activities 

State Treasurer, 2000-Present; Secretary, N.C. Department of Crime Control and 

Public Safety; Representative, 22nd District, N.C. House of Representatives, 1993- 

1994. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Board, St. James Historic Episcopal Church, Kitrell; Board, Impact; Board, N.C. 

Museum of History Associates. 



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229 



NORTH CAROLINA MANUAL 2001-2002 

Elective or Appointed Boards and Commissions 

Council of Slate; Chair, Local Government Commission; Chair, Board of Trustees, 
Teachers' and State Employees' Retirement System. 

Honors and Awards 

Honorary Lifetime Member, N.C. State Highway Patrol; Honorary Lifetime Member, 
N.C. National Guard Association; Order of the Long Leaf Pine. 

Personal Information 

Married, Noel Crook Moore. Three children. Member, St. Stephens Episcopal Church 

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 Barkers- 


1754-1764 




Joseph Montford^' 


1764-1775 




Samuel Swann^^^ 


1765-1766 




John Ashe^^ 


1766-1773 




Richard Caswell'" 


1773-1775 




Samuel Johnston'' 


1775 




Richard Caswell'*^ 


1775 




State Treasurers 






Name 


Residence 


Term 


Samuel Johnston'" 


Chowan 


1775-1777 


Richard CaswelP^^ 


Dobbs 


1775-1776 


John Ashe-' 


New Hanover 


1777-1779 


William Skinners- 


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 



230 



IHb LUUNLIL Oh bTATE AND 


THE EXECUTIVE BR 


ANCH CHAPTER FOUR 


State Treasurers (continued) 






Name 


Residence 


Term 


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 


WiUiam Locke 


Rowan 


1784 


Memucan Hunt 


Granville 


1784-1787 


John Haywood^'* 


Edgecombe 


1787-1827 


Wilham Robards 


Granville 


1827-1830 


WilUam S. Mhoon 


Bertie 


1831-1835 


Samuel E Patterson^^ 


Wilkes 


1835-1837 


Daniel W Courts^^ 


Surry 


1837-1839 


Charles L. Hinton 


Wake 


1839-1843 


John H. Wheeler 


Lincoln 


1843-1845 


Charles L. Hinton 


Wake 


1845-1851 


Daniel W Courts 


Surry 


1851-1862 


Jonathan Worth^^ 


Randolph 


1862-1865 


William Sloan^^ 


Anson 


1865-1866 


Kemp P. Battle^^ 


Wake 


1866-1868 


David A. Jenkins^*^ 


Gaston 


1868-1876 


John M. Worth^i 


Randolph 


1876-1885 


Donald W Bain^^ 


Wake 


1885-1892 


Samuel McD. Tate" 


Burke 


1892-1895 


William H. Worth 


Guilford 


1895-1901 


Benjamin R. Lacy^"* 


Wake 


1901-1929 


Nathan O'Berry^^ 


Wayne 


1929-1932 


John R Stedman^^ 


Wake 


1932 


Charles M. Johnson" 


Pender 


1933-1949 


Brandon R Hodges^^ 


Buncombe 


1949-1953 


Edwin M. Gill'^ 


Scotland 


1953-1977 


Harlan E. Boyles^° 


Wake 


1977-2000 


Richard H. Moore 


Wake 


2001-Present 



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. 



231 



NORTH CAROLINA MANUAL 2001-2002 

Treasurers were usually appointed in conjunction with money bills during the 
early years of the office. Later, however, they were appointed via bills passed 
specifically for the purpose of appointing treasurers. The assembly apparently 
hrst appointed treasurers during the Tuscarora War of 1711, when several 
commissioners were appointed to issue paper currency. This practice continued 
until 1731, when George Burnngton, North Carolina's tirst 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 Burnngton sought support from royal authorities in England. Crown 
officials, anxious about upsetting the lower house, hesitated to support Burnngton 
and successive colonial governors on the issue. 

By 1729 the complexity of the colony's hnances 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 'lilling 
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 lor 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 m 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 oi the southern district 
and he continued m that capacity until his death in 1749. 

^ Governor Burnngton and the council appointed Smith, but there is no evidence 
that he ever sen'ed. This ma)' have been due to the response of the lower house 
to Smith's appointment. 

"^ The legislature appointed Downing treasurer for the northern district and he 
ser\'ed until his death m 1739. 

^ See footnote 2. 

" The governor and council appointed Smith on November 21, 1739, to act as 
temporary treasurer following Downing's death. 

' The assembly appointed Hodgson m August, 1740, to replace Downing. He 
sen'ed until 1748. 

''^ The assembly appointed Barker m April, 1748. He sen'ed until he resigned in 
1752. 

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



232 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^° Starkey was appointed in July, 1750, to replace Eleazer Allen. He served as one of 
the colony's two district treasurers until his death m 1765. 

^ ^ Haywood was appointed to replace Barker and served until he apparently resigned 
in 1754. 

^^ Barker was appointed in 1754 to replace Haywood and serv^ed until he apparently 
resigned in 1764. 

^^ Montford was appointed in February, 1764, to replace Barker and served until 
1775. 

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

^^ Ashe was appointed in November 1766 to replace Starkey. He served until he 
was replaced by Caswell in 1773. 

^^ Caswell was appointed m 1773 to replace Ashe. He ser\^ed until the collapse of 
the royalist government m 1775. "An Act for appointing Public Treasurers, and 
directing their duty m office," Chapter V, Laws of North Carolina, Clark, State 
Records, XXIU, 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 in 1776. Johnston serv^ed until 1777 when 
ill health forced him to decline re-election. 

^^ See footnote 17. 

State Treasurers 

^"^ See footnote 17. 

^^ See footnote 17. 

^^ Ashe was elected to replace Caswell. 

^^ Governor Caswell, with the advice and consent of the council, appointed Skinner 
to replace Johnston. The legislature elected Skinner to a regular term. He served 
continuously until the district system was abandoned 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 by John 
Haywood. 

^^ Haywood died on November 18, 1827, while still in office, having served for 
thirty years as state treasurer. 



233 



NORTH CAROLINA MANUAL 2001-2002 

^^ Patterson was elected in 1834 to replace Mhoon. He was re-elected in 1835, but 
failed to give bond within the prescribed fifteen-day time period. His failure to 
act in a timely manner voided his election. Governor Spaight, with the advice 
and consent of the council, then appointed Patterson to the office of treasurer. He 
declined to run for re-election in 1836. 

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

^' Worth served until the end of the war. When the provisional government took 
over, Governor Holden appointed him treasurer. Worth resigned on November 
15, 1865. 

''^ Governor Holden appointed Sloan to replace Worth. He served until the new 
government took over. 

'-'^ Battle was elected by the new General Assembly and began serving on Januaiy 1, 
1866. He continued m office until the new constitution went into effect m 1868. 

^''Jenkins was elected m the general elections of April, 1868, and seized 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 m the general elections in 1876. 

-'- Bain died November 16, 1892. 

" Governor Holt appointed Tate on November 19, 1892, to replace Bam. Wbrth 
defeated him m a special election m 1894. 

^^ Lacy died February 21, 1929. 

^' Governor Gardner appointed O'Berry on February 23, 1929, to replace Lacy 
O'Beriy sen'ed until his death on Januaiy 6, 1932. 

^^ Governor Gardner appointed Stedman on January 7, 1932, to replace O'Berr)'. 
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 m June, 1953. 

^"^ Governor Umstead appointed Gill on June 29, 1953, to replace Hodges. He was 
elected m 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. 



234 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Public Instruction 

The Department of Public Instruction, under the leadership of the State Board 
of Education, estabUshes and administers overall policy for North Carolina's 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 Heutenant 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 CaroUna Department of Public Instruction was formed in December, 
1852, although the current title and specific delineation of responsibilities were 
first set forth in the Constitution of 1868. The head of the department originally 
went by the title "superintendent of common schools," but that office was abolished 
in 1865. Today the superintendent of public instruction is elected by vote of the 
people to a four-year term. He or she is a member of the Council of State. 

The Department of Public Instructions primary mission is to ensure that a 
"general and uniform system of free pubUc 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 fiscal 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 primar)- 
program areas, the Communications and Information Division and the Office of 
Education Reform report directly to the State Superintendent. The N.C. Board of 
Education has several staff members, including a legislative 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. 



235 



NORTH CAROLINA MANUAL 2001-2002 

Information and Technology Services 

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

Financial and Personnel Services • 

This area includes the Division of Financial Services, the Division of Human! 
Resources Management, the Division of School Business and the Division of Schooii 

Support. I 

i 
I 

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, j 

301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715- ! 

1994. I 

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. ' 

'j 

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. j 

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. 



236 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

North Carolina Standards Board for Public School Administration: 

Contact Linda Stevens, Executive Director, Room 324, Education 
Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 
715-2050. 

North Carolina Textbook Commission: Contact Ann Fowler, Consultant, 
Department of Pubhc Instruction, Education Building, 301 N. 
Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1893. 

Personnel Administration Commission for Public School Employees: 

Education Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; 
Phone, (919) 715-1095. 

Professional Practices Commission: Contact Gloria Bowman, Division of 
Human Resources Management, Education Building, 301 N. Wilmington 
St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1146. 

Professional Review Committee: Contact Harry Wilson, Education 
Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 
j 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, 
j Consultant, Division of Exceptional Children, Education Building, 301 N. 
j Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1587. 

• State Evaluation Committee: Contact Donna Simmons, Division of 

1 Human Resource Management, Education Building, 301 N. Wilmington 

I 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, P.O. Box 
659, Butner, N.C. 27509-0659; Phone, (919) 575-4490; Fax, (919) 575- 
4143. 

State Selection Committee for Teacher of the Year: Contact Jean 
Blackmon-Brauer, Division of Human Resources Management, Education 
Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 
715-1149. 

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



237 



NORTH CAROLINA MANUAL 2001-2002 

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 Instruction, call (919) 
715-1000 or visit the department's Web site, the DPI Info Web, at 
www.dpi.state.nc.us . 



238 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 




Mike Ward 

Superintendent of Public 
Instruction 

Early Years 

Born in Louisburg, Franklin County, October 
17, 1953, to Max Edward 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 

State Superintendent, Department of Public Instruction 

Political Activities 

N.C. Superintendent of Public Instruction, 1996-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Board Member, Stop Hunger Now; Board Member, Special Olympics of North 
Carolina; Volunteer, Local and International Humanitarian Service Teams. 

Elective or Appointed Boards and Commissions 

President-Elect, Council of Chief State School Officers, 2002; Chair, State Partnership 
Board, National Council for the Accreditation of Teacher Education; Member, 
National Assessment Governing Board. 

Honors and Awards 

2002 McEwin Distinguished Service Award, N.C. Middle School Association; 
Distinguished Alumnus Award, North Carolina State University, 1997; N.C. 
Superintendent of the Year, American Association of School Administrators, 1994. 

Personal Information 

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

Superintendents of Public Instruction 



Superintendent of Common Schools 

Name Residence 

Calvin H. Wiley' Guilford 



Term 
1852-1865 



239 



NORTH CAROLINA MANUAL 


2001-2002 




Superintendents of Public 


Instruction 


1 
1 


Name 


Residence 


Term j 


Samuel S. Ashley- 


New Hanover 


1868-1871 ! 


Alexander Mclver^ 


Guilford 


1871-1875 


James C. Reid"^ 




1873 1 


Kemp P Battle' 


Wake 


1873 ! 


Stephen D. Pool'^ 


Craven 


1875-1876 i 


John Pool' 


Pasquotank 


1876-1877 


John C. Scarborough 


Johnston 


1877-1885 


Sidney M. Finger 


Catawba 


1885-1893 


John C. Scarborough 


Hertford 


1893-1897 ! 


Charles H. Mebane 


Catawba 


1897-1901 


Thomas F. Toon"* 


Robeson 


1901-1902 


James Y. Joyner"" 


Guilford 


1902-1919 1 


Eugene C. Brooks '^^ 


Durham 


1919-1923 


Arch T. Allen '1 


Alexander 


1923-1934 


Clyde A. Erwm'- 


Rutherford 


1934-1952 i 

1 


Charles F Carroll''' 


Duplm 


1952-1969 i 


Andrew Craig Phillips'^ 


Guilford 


1969-1989 j 


Bob R. Etheridge''^ 


Harnett 


1989-1996 1 


Michael Edward Ward"^ 


Wake 


1996-Present j 


' Wiley sen-ed until the office was abolished in 1865. 


1 



Ashley was elected m the general elections of April, 1868, and resigned effecti\( 
October 1, 1871. ^ ; 

Governor Caldwell appointed Mclver on September 21, 1871, to replace Ashle 
He took office October 1, 1871. j 

Governor Caldwell apparently appointed Reid in late 1872 or early 1873, but n; 
record exists that he ever qualified or took the oath of office. | 

Governor Caldwell appointed Battle on Januaiy 14, 1873 to replace Reid. Batt' 
took the oath of office on January 15. Alexander Mclver, who was still servirj 
under a previous appointment, challenged Battles right to hold office. The Norti 
Carolina Supreme Court heard the case at its January, 1873, term. The coUj 
decided m favor of Mclver. Justice Reade, who wrote and delivered the majori; 
opinion, stated that since Mclver had been duly appointed and qualified, arj 
that since the officer-elect could not qualify, Mclver was entitled to remain ' 
office until the next election in August, 1874. ' 

I 
Pool resigned effective June 30, 1876. j 

Governor Brodgen appointed John Pool on June 30, 1876, to replace Stephen I; 
Pool. He took office July 1. 



240 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

s Toon was elected in the general elections of 1900 and served until his death on 
February 19, 1902. 

^ Governor Aycock appointed Joyner on February 24, 1902, to replace Toon. He 
was elected in a special election in 1902 to complete Toon's unexpired term. He 
was re-elected to a full term in 1904 and served following subsequent re-elections 
until his resignation effective January 1, 1919. 

^° Governor Bickett appointed Brooks on December 21, 1918, to replace Jo)Tier. 
He took office 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 Ehrmghaus appointed Erwin on October 23, 1934, to replace Allen. 
He was elected in the general elections of 1936 and ser\Td following subsequent 
, re-elections until his death on July 19, 1952. 

^^ Governor Scott appointed Carroll on August 20, 1952, to replace Erwin. He was 
elected m the general elections of 1952 and served following subsequent re- 
elections until 1969, when he retired from office. 

i'^'^ Phillips was elected in 1968 and served following subsequent re-elections until 
his retirement in 1989. 

P 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. 



241 



NORTH CAROLINA MANUAL 2001-2002 

Office of the Attorney General 

The Attorney General of North Carolina heads both the Department of Justice 
and the Office of the Attorney General. The attorney general, having originated 
during colonial times, is one of the oldest continuous offices m North Carolina 
state government. North Carolina's hrst 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 
of Justice as one of the major departments m the Council of State. 

The 1971 state constitution deleted all references to the Department of Justice 
and the State Bureau of Investigation. Instead, it simply requires an attorney general 
whose duties ^'shall be prescribed by law." [Article III, 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 m the Council 
of State. Until then, the attorney general had sewed only as legal advisor to the 
council. 

The historical roots of North Carolinas current Office of the Attorney General 
lie buried deep m English common law. As far back as the Middle Ages, the English 
crown conducted its legal business through attorneys, sergeants and solicitors. At 
that time, the crown did not act through a single attorney at all. Instead, the king 
appointed numerous legal representatives and granted each authority to appear only 
in particular courts, on particular matters or in the courts of particular geographical 
areas. The total number of attorneys representing the crovm gradually decreased 
over time as individual attorneys were assigned broader duties. 

By the latter part of the fifteenth century the title Attorney General was used to 
designate William Husee as a legal counsel for the crown. It may have been as late 
as 1530, however, before a single attorney held the title of Attorney General. Attorneys 
general throughout the sixteenth century still shared the role of legal representative 
to the crowii with other legal agents. It was not until the seventeenth centur\' that 
the ofhce assumed its modern form and the attorney general became, at least in 
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 of individuals, their 
professional development soon diverged from that of private counsel because of the 
peculiar role of the crown m legal proceedings. The king held "prerogative" and, in 
theory, was always present in his courts. Since the monarch could not literally appear 
in every court m 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 for 
individuals. Unlike an attorney representing a private party, the attorney general or 
king's attorney was not an officer of the courts and, therefore, was not subject to the 



242 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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

The office of Attorney General was transported intact from England to the 
American colonies. Here, attorneys general of the colonies served as 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 in the American states. 

After the Revolution, the newly-formed states continued to appoint or elect 
attorneys general with virtually the same powers and duties as their English and 
colonial predecessors. The most striking change to the office was that the people, 
not a hereditary monarch, held sovereignty over the laws and courts. The office of 
Attorney General has, in one form or another, continued into the modern era in 
almost all American states. Attorneys general still exercise many of the same duties 
and powers delegated to their colonial predecessors. In 1985, North Carolina's 
General Assembly re-affirmed the common law powers of the Office of the Attorney 
General. 

The attorney generals 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 interested in 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 in any case or matter — ci\il 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 

243 



NORTH CAROLINA MANUAL 2001-2002 

Attorney General has the authority to originate proceedings before these same courts, 
officers, agencies or bodies on behall of the state, its agencies or its citizens in any 
and all matters ot public interest. The Ofhce of the Attorney General administers the 
operations of the North Carolina Department of Justice. 

The Department of Justice is divided into two main program areas — Legal 
Senices and Law Enforcement The Legal Ser\aces Area is organized into the following 
divisions: 

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 of the 
N.C. Department of Health and Human Services, the University of North Carolmas 
hospitals and the Office of the State Controller. 

The Health and Public Assistance Section represents the Department of Health 
and Human Semces' Divisions of Social Sen'ices and Medical Assistance, as well as 
all the departments health-related programs. 

The Tort Claims Section represents the state m tort and workers compensation 
claims. It also handles collection actions for the University of North Carolina and 
the North Carolina Community College System. 

The Senaces to State Agencies Section provides legal services to the Depar' iient 
of State Treasurer, the Division of Retirement Systems, the Office of State Personnel, 
the Administrative Office of the Courts, the Department of Agriculture, the General 
Statutes Commission, the Wildlife Resources Commission and numerous licensing 
boards. 

The Elections Section represents the State Board of Elections and advises 
numerous state and local officials on legal matters related to elections. 

The Real Estate Commission Section represents the North Carolina Real Estate 
Commission and handles cases involving licensed real estate brokers. 

Civil Division 

Consisting of seven sections, this division handles civil claims and litigation 
principally arising from state construction contracts, real property acquisitions, 
highway right-of-way condemnation and the enforcement of laws governing labor 
matters, insurance, motor vehicles and state taxation. The section also assists in 
environmental enforcement matters and provides representation to certain state 
agencies in workers compensation and tort claims cases. 

The Property Control Section represents the Department of Administration, the 
North Carolina Ports Authority, the Railway Commission, the N.C. Museum of 



244 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Art, the N.C. Building Commission and other agencies. Us staff advises state agencies 
on real property, public building construction law and pubhc procurement. 

The Revenue Section represents the N.C. Department of Revenue. Its duties 
include mstitutmg 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 Utigate cases arising from enforcement of the states 
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' Ucenses, 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 in such matters as condemnation Utigation, 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. 

Consumer Protection Division 

The Consumer Protection Division represents the interests of North Carolina 
consumers in maintaining a free, fair and competitive marketplace and protecting 
the natural environment. The section protects the public against price fixing, price 
gouging, restraint of trade and other anti-competitive practices. It also protects the 
pubUc from fraud, deception and other unfair trade practices. The section assists 
thousands of North Carolinians each year with consumer complaints. The Consumer 
Protection Division also represents consumers in utility matters before the North 
Carolina Utilities Commission and the state courts. 



245 



NORTH CAROLINA MANUAL 2001-2002 

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 of 
Correction and the Department of Crime Control and Public Safety. The Criminal 
Division is broken down into several sections m order to pro\ide specialized support. 

The Special Prosecutions Section prosecutes, or assists in the prosecution of, 
criminal cases upon request of district attorneys and upon the approval of the attorney 
general. It also ser\'es as legal advisor to the State Bureau of Investigation. 

The Correction Section provides legal counsel to the Department of Corrections 
on matters involving prison regulations, personnel and statutor)' 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 ser\aces. 

The Federal Habeas Section represents North Carolina m appeals of criminal 
convictions to the federal courts. 

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

Environmental Division 

The Environmental Division provides legal representation to the Department of 
Environment and Natural Resources (DENR), the states 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 m its environmental duties, 
particularly with regard to outer continental shelf development for oil and gas and 
administration of the states Environmental PoUcy Act. Representation includes all 
aspects of civil and administrative litigation, legal advice 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 m 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. 



246 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Special Litigation Division 

The Special Litigation Di\asion consists of tiie Special Litigation Unit and the 
Education Section. The Special Litigation Unit represents the state and its officials 
and employees in complex or controversial civil litigation. The Education Section 
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. 

Victims and Citizen Services Section 

The Victims and Citizens Services Section provides direct assistance to \actims, 
particularly \actims of crime, domestic violence, and elder abuse. The Section works 
in collaboration with various State, local, and nonprofit agencies by providing 
guidance and information to citizens. The section leads the Department of Justice 
on poUcies concerning and initiatives in Open Government, Victims= Rights, Senior 
Citizens Rights, child victims= rights, domestic violence, child abuse prevention, 
and hate crimes. Additionally the section maintains a child identification kit program 
that has fingerprinted more than 40,000 North Carolina children since its inception. 
The section also ser\'es victims of crime through its participation criminal appellate 
brief process. When appropriate the section coordinates its poUcy and initiatives 
into legislation. The section has forged partnerships and associations with sections 
within the Department of Justice, organizations, law enforcement agencies, and other 
agencies in order to provide direct assistance to victims of crime, domestic violence, 
and to answer citizen complaints and inquires. To that end this Section is at the 
forefront of the Department to guarantee that crime victims have been afforded their 
rights. The section continues to work on legislation that vvall help increase victims= 
understanding of the criminal justice system and to work with law enforcement 
and other actors in the criminal justice system to do so. 



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 states criminal laws, works to prevent crime wherever 
possible and ensure the swiff 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. 



247 



NORTH CAROLINA MANUAL 2001-2002 

The Slate Bureau o( Invesligation has three major areas of operation: Field 
hivestigalions, the Crime Laboratory and the Division of Criminal Information. 
The bureau operates one oi the most advanced crime laboratories in the nation. The 
Division of Criminal Information mainiains and operates a statewide database that 
helps law enforcement agencies across the state m the performance ot their duties. 
Data stored in the SBl system includes motor vehicle registrations, drivers licenses, 
wanted and missing persons alerts, stolen property notihcations, outstanding arrest 
warrants, stolen vehicle reports, hrearms registration, drug-trafficking intelligence 
and parole and probation histories. The division pioneered the use of computers m 
state law enforcement and continues to provide a state-of-the-art computer filing 
system, information retrieval and communications network to qualified law 
enforcement agencies throughout North Carolina. 

Division of Training and Standards: The Division of Training and Standards 
includes the N.C. Justice Academy, the Criminal Justice Standards Division, the 
Sheriffs" Standards Division, the Law Entorcement Liaison Section and the 
Information Systems Section. The Division of Training and Standards' primary goal 
IS to ensure and advance the competence and integrity of the criminal justice 
profession in North Carolina. 

The Justice Academy, located 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 lor local criminal justice agencies, 
as well as providing the resources and facilities for training personnel from various 
state criminal justice agencies. The N.C. Department of Correction, for example, 
has provideci basic officer training at the Salemburg campus since 1974. 

In 1974, the Board of Trustees of the Southwood College and the Sampson 
County Board of Commissioners donated the 95-acre Southwood campus to the 
state for use as a site for the new academy Salemburg has hosted an educational 
facility on the campus since 1875, starting with the establishment of Salem Academy, 
followed by Pmelands 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 in 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 train thousands ol criminal justice personnel both at the Salemburg 
campus and throughout the state. Numerous state and local agencies make use of 
the campus itself, its learning resource center and its professional staff for basic and 
in-service training. The academy supports every aspect of the state's criminal justice 



248 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

system by providing programs and working with other agencies to upgrade the 
systems 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 employment, training and retention standards for sheriffs 
deputies and jailers throughout the state. It also enforces those standards statewide. 
The division certifies sheriff's deputies and jailers, as well as administering 
accreditation procedures for schools and certifying instructors who teach in 
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 in 1971, the Criminal Justice Standards Division administers the programs 
of the North Carolina Criminal Justice Education and Training Standards 
Commission. The commission was formed in 1979 when the General Assembly 
consolidated the original Criminal Justice Standards Council and the Justice Academy 
Council into a single, more powerful commission. Its responsibilities include 
establishing and enforcing minimum employment, training and retention standards 
for law enforcement ofhcers, 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 PoUce 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 ot 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 



249 



NORTH CAROLINA MANUAL 2001-2002 



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




Roy A.Cooper, 

Attorney General 

Early Years 

Born in Nash\ille, Nash County, June 13, 1957, 
to Roy A., Jr., and Beverly Cooper. 

Educational Background 

Northern Nash Sr. High School, 1973-75; 
Bachelor of Arts (Morehead Scholar), UNC- 
Chapel Hill, 1979; J.D., UNC-Chapel Hill, 
1982. 

Professional Background 

Attorney General ; 

Political Activities  

Member, N.C. Senate, 1991-2000 (Majority Leader, 1997-2000); Member, N.C, 
House of Representatives, 1987-91. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Rocky Mount Area United Way Campaign (Chair, 1997-98); Sunday School Teacher 
First Presbyterian Church of Rocky Mount. ' 

Elective and Appointed Boards and Commissions 

Board of Directors, North Carolinians tor Community Colleges. ': 

Honors and Awards \ 

1998 Victims Assistance Network Award; 1998 Excellence in Education Award! 
NCAE; 2000 Legislator of the Year, Covenant with North Carolina's Children. 

Personal Information I 

Married, Kristin B. Cooper. Three children. Member, First Presbyterian Church, 
Rocky Mount. ; 



250 



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 




iJohn Porter, Jr.^ 


1694-1695 




' Henderson Walker 


1695 




Thomas Abington'^ 


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 




WiUiam Little ^-^ 


1724 




Thomas Boyd^^ 


1724-1725 




William Little 


1725-1731 




ilohn Connor^^ 


1731 




tohn Montgomery^^ 


1731-1741 




lohn Hodgson'*^ 


1734 




[oseph Anderson'*^ 


1741-1742 




ohn Montgomery 


1742-1743 




oseph Anderson^" 


1743-1747 




Thomas Child-^^ 


1747-1752 




peorge Nicholas^^ 
jpharles Elliot^^ 


1752-1756 




1756 




Robert Jones, Jr.^'* 
:homas Child^^ 


1756-1759 




1759-1761 




ibbert Jones, Jr.^*^ 


1761-1766 




;/Iarmaduke Jones^^ 


1766-1767 




Thomas McGuire^*^ 


1767-1776 




l>rare 






hme 


Residence 


Term 


Vaightstill Avery^'' 


Burke 


1777-1779 


iames IredelP" 

(1 


Chowan 


1779-1782 


ifred Moore^^ 


Brunswick 


1782-1791 


3hn Haywood, Jr.^^ 


Halifax 


1792-1795 



251 



NORTH CAROLINA MANUAL 2001-2002 



State (continued) 

Name 

Blake Baker'' 
Henry SeawelP"* 
Oliver Fitts" 
William Miller''^ 
Hutching G. Burton'" 
William P Drew'-'' 
James F. Taylor''' 
Robert H. Jones'^' 
Romulus M. Saunders'^' 
John R. J. Daniel 
Hugh McQueen"^- 
Spier Whitaker 
Edward Stanley"*' 
Bartholomew F Moore '^'^ 
William Eaton, Jr."*' 
Matthew W. Ransom"*'' 
Joseph B. Batchelor"^' 
William H. Bailey"''^ 
William A, Jenkins^'' 
Sion H. Rogers ^'^ 
William M. Coleman^ ^ 
Lewis P Olds" 
WilUam M. Shipp" 
Tazewell L, Hargrove 
Thomas S. Kenan 
Theodore F Davidson 
Frank I. Osborne 
Zebulon V Walser^"* 
Robert D. Douglas'^ 
Robert D. Gilmer 
Thomas W Bicket"^^ 
James S. Manning 
Dennis G. Brummitt"^^ 
Aaron A. F SeawelP'"^ 
Harry McMullan' 



,iQ 



Residence 


Term 


Edgecombe 


1795-1803 


Wake 


1803-1808 


Warren 


1808-1810 


Warren 


1810 


Warren 


1810-1816 


Halifax 


1816-1824 


Wake 


1825-1828 


Warren 


1828 


Caswell 


1828-1834 


Halifax 


1835-1841 


Chatham 


1841-1842 


Halifax 


1842-1846 


Beaufort 


1846-1848 


Halifax 


1848-1851 


Warren 


1851-1852 


Northampton 


1853-1855 


Warren 


1855-1856 


Mecklenburg 


1857 


Warren 


1857-1862 


Wake 


1863-1868 




1868-1869 


Wake 


1869-1870 


Lincoln 


1870-1873 


Granville 


1873-1877 


Wilson 


1877-1885 


Buncombe 


1885-1893 


Mecklenburg 


1893-1897 


Davidson 


1897-1900 


Guilford 


1900-1901 


Haywood 


1901-1909 


Franklin 


1909-1917 


Wake 


1917-1925 


Granville 


1925-1935 


Lee 


1935-1938 


Beaufort 


1938-1955 



252 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

State (continued) 

j Name Residence Term 

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

j George B. Patton^^ Macon 1956-1958 

i Malcolm B. SeawelP^ Robeson 1958-1960 

jlWade Bruton" Montgomery 1960-1969 

(Robert Morgan^^ Harnett 1969-1974 

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

;Rufus L. Edmisten^^ Wake 1975-1985 

llacy H. Thornburg^' Jackson 1985-1993 

jMichael ¥. Easley^^ Brunswick 1993-2000 

jRoy A. Cooper Nash 2001 -Present 



Colonial 

■:f 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 agam served as attorney general. He was 
still ser\ing in November, 1679, and probably contmued serving until 1681 or 

, I later. 

r Little is known of Wilkinsons service as attorney general except that he was 
j suspended from office in 1694 by Governor Harvey for unspecified 
"Misdemeanors." 

I Porter was appointed by Harvey to replace Wilkinson and quaUfied before the 
court. He probably served until Walker took office in 1695. 

Abington served as attorney general for two mdictments during the February, 
1696, court. 

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

When Gale was appointed is not known. The first record of 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 1705 and was 
still serving in 1708. 

I Gale was again acting as attorney general by October, 1708. There are no court 
j records available for 1709 and 1710 and the records for the First Court in 1711 
indicate that Bonwicke was attorney general. 



253 



NORTH CAROLINA MANUAL 2001-2002 

"^ Bonwicke was serving by March, 1711, and records from the Receiver Generals 
office indicate that he was still serving in June, 1714. By that October, however, 
he was no longer in office. 

"' Richardson was apparently appointed by Governor Eden sometime during the 
summer ol 1714. He qualified before the General Court on October 26, 1714 
and sen-ed until 1724 when he was replaced by Little. 

" Worleys name appears m 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, Histor}' 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 sensed. 

'^ Montgomery is reported to have been appointed attorney general m 1723. No 
evidence, however, could be found to indicate that he served at this time. 

'"* Little was appointed by Governor Burrington to replace Richardson and qualified 
before the Council. His resignation was announced at a council meeting on 
November 7, 1724. 

^ ' Boyd was appointed by Governor Burrington to replace Little and qualihed before 
the council. He served until Litde took over in 1725. 

^" Connor was appointed by Governor Burrington and qualihed before the council. 
He seived only until Montgomeiy arrived. 

^' Montgomery was appointed by the crown and qualified before the council. He 
was suspended by Burrington on September 29, 1734, but was either restored to 
office by Johnston or never left, since he was considered the attorney general in 
November. He continued serving until 1741 when he was appointed acting chief 
justice. 

'" Hodgson was appointed by Burrington following the suspension of Montgomery 
and apparently qualihed before the council. He served only until Governor 
Johnston took ofhce in November, 1734. 

^^ Anderson was appointed acting attorney general by Governor Johnston when 
Mt^ntgomery became chief justice. He served until Montgomer)- returned to semce 
in 1742. 

^'^ Anderson was appointed permanent attorney general by Governor Johnston when 
Montgomery was commissioned chief justice. He qualihed before the council 
and continued sening until Child took ofhce m 1747. 

"' Child was appointed by the crown and qualified on May 16, 1747. He sewed 
until he returned to England in 1752. 



254 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^^ Nicholas was apparently appointed to sewe 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. 

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

^^ Jones was appointed by Governor Dobbs to replace Elliott and presumably 
quaUfied before him. He served until Child took over in 1761. Commission to 
Robert Jones, Jr., October 4, 1756, Commissions, 1754-1767. 

^^ Child was commissioned by the crown and apparently qualified before Governor 
Dobbs. He served until he resigned in 1761. 

^•^ Jones was appointed by the crown and apparently quahfied before Governor 
Dobbs. He ser\'ed 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 ser\^ed 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 ser\'e. 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 ad\ice 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. 



255 



NORTH CAROLINA MANUAL 2001-2002 

■*' 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 m violation of Chapter 6 of the Laws of 1790. (The law prohibited 
dual oftice holding by a public ofhcial except in special cases.) Saunders wrote to 
Alexander Williams, Speaker of the House, the following day requesting that he 
be given "permission to be heard at the bar of the House upon the subject of the 
Resolution." The request was granted. Despite testimony by Saunders on his 
own behalf, the House voted 68-60 to uphold the resolution. On December 31, 
1834, Saunders sent m his resignation. 

■*- McQueen s resignation was received b)' 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 advice and consent of the 
council to replace Ransom. He resigned November 26, 1856. Council Minutes, 
May 25, 1855, Council Journal, 1855-1889; Batchelor to Bragg, November 26, 
1856, Bragg Letter Book, 1855-1857, 600. 

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

"''^ Jenkins was elected to replace Ransom. The ofhce, however, was declared vacant 
on December 8, 1862 because Jenkins had accepted a commission in the 
Confederate Army. 

^^^ Rogers was elected to replace Jenkins and ser\'ed until the Constitution of 1868 
went into effect. Commission dated Januaiy 6, 1866, Commission Book, 1841- 
1877. 

''^ Coleman was elected m 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 m 1870, he was defeated for nomination 
by Samuel E Phillips. 

" Shipp was elected in the general elections m 1870 to complete Coleman's 
unexpired term, but was defeated for re-election in 1872. 

256 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^"* Walser was elected in the general elections in 1896. He resigned effective November 
24, 1900, following his defeat for re-election by Gilmer. 

^^ Douglas was appointed by Governor Russell on November 24, 1900 to complete 
Walser s term. 

^'^ Bickett was elected in the general elections m 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 Februaiy 5, 1935. 

^^ Seawell was appointed by Governor Ehringhaus on January' 16, 1935, to replace 
Brummitt. He was elected in the general elections in 1936 and served until April, 
1938, when he was appointed to the State Supreme Court. 

^'^ McMullan was appointed by Governor Hoey on April 30, 1938, to replace Seawell. 
He was elected in the general elections in 1938 to complete Seawell s unexpired 
term. He was elected to a full term in 1940 and served following 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 m August, 1956, when he was appointed 
to the Supreme Court. 

^^ Patton was appointed by Governor Hodges on August 21, 1956, to replace 
Rodman. He was elected in the general elections in 1956 and served until his 
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 Patton s unexpired 
term and ser\^ed until his resignation effective February 29, 1960. 

^^ Bruton was appointed by Governor Hodges on Februar)' 27, 1960 (to take office 
March 1) to replace Seawell. He was elected in the general elections m 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 m 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 m the general elections of 1992 and re-elected in the 1996 
elections. 



257 



NORTH CAROLINA MANUAL 2001-2002 

Department of Agriculture and Consumer Services 

The Civil War dc\'astated Norih Carolina s economy. Agriculture, ihe mainstay 
of the states slightly more than one million people, was severely stricken. Crop 
C[uality tended to be poor and market prices low. A system of farm tenancy developed 
leading to smaller farms and decreased efficiency 

In an effort to fight these and other problems, farmers joined such organizations 
as the Patrons of Husbandry (the Grange) and the Farmers' Alliance. These populist 
groups gave farmers a united political voice, but were unable to solve many of the 
problems plaguing the 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 in 1868 
when North Carolinians approved a new state constitution. The constitution 
provided: 'There shall be established m the Office of the Secretary of State a Bureau 
of Statistics, Agriculture, and Immigration under such regulations as the General 
Assembly may provide." The new agency did not provide for the real needs of 
agriculture, however, and failed to wm 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 of 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 ftrst 
tasks was to select a commissioner to act as the departments administrative head. 

Colonel Leonidas LaFayette Polk of Anson County, a Civil War hero who had 
also been instrumental m 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 mortality 
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. 



258 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Collect statistics on fences in North Carolina with the object of altering 
the system in use. 

Work with the United States Fish Commission in the protection and 
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 department was to establish a chemical laboratory at the 
University of North Carolina for testing fertilizers and to work with the U.S. 
Geological Survey in studying and analyzing natural resources. 

The NCDAs first official home was the second story of the Briggs Building on 
Fayetteville Street in downtown Raleigh. Other department employees were located 
at the Agricultural Experiment Station in Chapel Hill and in other Raleigh office 
buildings. 

The Board of Agriculture decided to bring all the divisions of the department 
together in 1881 and bought the National Hotel for $13,000. The hotel was on 
Edenton Street, the present site of the Agriculture Building. The building was later 
enlarged and remained the NCD/& home until 1923, when the Edenton and Hahfax 
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 responsibilities 
to meet agricultures 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 policy-making body of the department. 
It has 10 members, with the Commissioner of Agriculture serving as ex-ofhcio 
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 

259 



NORTH CAROLINA MANUAL 2001-2002 

nationwide in hogs, cucumbers for pickles, trout, poultr)^ and egg products; fourth 
in commercial broilers, peanuts, blueberries, and lye; sixth in hurley tobacco; seventh 
in apples and greenhouse and nursery sales; eighth in strawberries, peaches and 
watermelons; ninth in eggs; and tenth in cotton. Following are the various divisions 
of the N.C. Department of Agriculture and Consumer Semces and the services they 
offer: 

Agricultural Statistics Division 

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

By 1887, it was apparent to Commissioner John Robinson that a statistical 
service was needed. In that years Biennial Report he wrote: 'The means of acquiring 
statistical information are veiy inadequate. Such information is one of the necessities 
of the times. There are frequent calls upon this office for such statistics, the applicants 
thinking that we had the information for distribution, and they were warranted in 
expecting to hnd correct information m regard to agricultural products in this office." 

In 1916, Frank Parker, a representative of the Federal Crop Reporting Service, 
began statistical work in cooperation with the NCDA & CS. Three years later, he 
moved his office to the Agriculture Building and became the hrst director of the 
Agricultural Statistics Division. The Farm Census began on a voluntary basis in 
1918. It became state law in 1921. The Agricultural Statistics Division maintains 
county, state and federal crop and livestock statistics and rankings. It also assesses 
weather-related agricultural losses, such as those sustained through drought and 
floods. 

Agronomic Services Division 

The North Carolina Department of Agriculture and Consumer Services 
demonstrated an interest m soils from its earliest years. N4uch of the soil work was 
conducted by the Oftice of the State Chemist. This ofhce worked with the U.S. 
Bureau oi Soils m surveying the soils of each county and collecting samples for 
analysis. In addition to chemical analysis, the office set up plot tests on each important 
soil type 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 m the department. The division was set up to accept soil samples from 
growers and homeowners statewide for analysis and to furnish them with 
information on fertilizer needs. Seventy thousand tests were made on approximately 
6,500 soil samples the first year. 



260 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The dmsion 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 agronomists help growers solve field problems and carry out 
recommendations in the most effective way The General Assembly appropriated 
$7.5 million in 1992 to build a new agronomic laboratory in Raleigh for soil and 
waste testing. The 33,000 square-foot facility opened in May, 1994. 

Food and Drug Protection Division 

Under the first elected 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. 

Cattle and stock feeds were also inspected and found to be of a low grade. A 
few even contained poisonous substances. The departments 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 hcensing contractors and pilots for aerial application of 
pesticides. 

The Pesticide Law, passed in 1971, gave the NCDA & CS authority to license 
pesticide applicators, dealers and consultants. It also allowed the Food and Drug 
Protection Division to collect samples and conduct inspections at all levels of 
pesticide production, sales and use. The 1971 law also provided for a seven-member 
Pesticide Board which acts as a policy-making body 

The Food and Drug Protection Division assures consumers that foods, feeds, 
drugs, cosmetics, pesticides and automotive antifreezes are safe, wholesome and 
labeled properly During 1992, the division collected and tested 45,000 samples of 



261 



NORTH CAROLINA MANUAL 2001-2002 

commodities subject to the N.C. Food and Drug Law. Two hundred thousand 
analyzes were performed on those samples. 

Food Distribution Division 

In 1944, the department 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 benefit from 
serving low cost meals, but the program helped hold agricultural prices at or above 
levels acceptable to producers. 

Food Distribution provides 14 cents per plate in value in USDA commodities 
to 700,000 school children each day. It received, stored and distributed $29.5 
million worth of USDA commodities in 1994 to ehgible 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 ofhces from the Agriculture 
Building in Raleigh to Butner. The new ofhces are larger and will save in operational 
cost. The division has warehouses in Butner and Salisbury for storage and 
distribution. 

Marketing Division 

Initially called the Division of Cooperative Marketing when it was established 
in 1913, the Marketing Division s early work involved compiUng Usts 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 m the early 1900s was pubhcation of the 
Farmers Market Bulletin, later called Market News. The publication had articles on 
marketing conditions of certain crops as well as agricultural items tor sale. 

The Marketing Division continues to promote the sale of 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 
of farm products produced for sale throughout the state. The division organizes 
special livestock sales, such as the Junior Livestock Show at the N.C. State Fair. It 
pro\ides 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 Heel 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 

262 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

City, Kinston and Roseboro. The dmsion also administers the N.C. Egg Law and 
the Farm Products Marketing and Branding Law. 

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 in. 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 in identifying pests for the public. 

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

The Plant Industry Divisions duties and responsibiUties have expanded to 
mclude 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 examme 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 vvdth 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 divisions 
most successful programs. The boll weevil had decimated the state's 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 2001-2002 

Public Affairs Division 

The need for communication between the NCDA & CS and the public it sen'ed 
was evident h'om the departments beginning, hi 1877, Commissioner Polk started 
a weekly farm paper called The Farmer and Mechanic. This paper eventually became 
independent and was replaced by The Bulletin of the N.C. Department of Agriculture. 
The Bulletins initial purpose was to inform farmers of fertilizer analysis so they 
could judge their money value. Soon, though, The Bulletin expanded into all areas 
of agricultural production. It became necessary to hire a bulletin superintendent. 

In 1914, an information ofhce was established to coordinate a news ser\ace for 
the NCDA & CS and the N.C. State Agricultural & Engineering College (N.C. State 
Uni\-ersity). This arrangement ended m 1925 when the Agricultural Extension 
SeiTice, which had been a joint program oi the department and college, was moved 
entirely to the college. The division then began pubUshing the Agricultural Review, 
a semi-monthly paper. The Re\aew is now published once a month and has more 
than 70,000 subscribers. 

Public Affairs has beconre the public relations liaison between the public, the 
media and the department. The division manages public relations for the N.C. State 
Fair and coordinates enshrinement ceremonies for the N.C. Agricultural Hall of 
Fame. Duision personnel also write speeches and news releases. 

Research Stations 

Created m 1877 by the same act that created the NCDA & CS, the Experiment 
Station in Chapel Hill was the first such center devoted agricultural research in the 
South and only the second m the entire nation. It was directed to conduct experiments 
on plant nutrition and growth, ascertain which fertilizers were best suited to specihc 
crops and conduct needed investigations on other agricultural topics. 

The initial movement to establish held testing stations began in 1885 when the 
General Assembly directed the Board of Agriculture to secure prices on lands and 
machinery The board obtained 35 acres on the north side of Hillsborough Street in 
Raleigh, and the job of clearing land, laying out test plots and constructing buildings 
began. The station was transferred from 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 benehts. 

While the NCDA & CS maintained its associations with the station, it shifted its 
own efforts to establishing test famis in \'anous locations statewide. The purpose was 
to expenmcnt with different crop-fertilizer-soil combinations to find the most suitable 
for certain areas. The first two research stations were m Edgecombe and Robeson counties. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Today, 15 stations are conducting research on farming practices, livestock, poultry 
and crops. The stations are m Whiteville, Clayton, Castle Hayne, Clinton, Kinston, 
Fletcher, Waynesville, Oxford, Lewiston, Salisbury Jackson Springs, Plymouth, 
Rocky Mount, Laurel Springs and Reidsville. The N.C. Department of Agriculture 
and 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, teaching and demonstration purposes. The 
Center for Environmental Farming Systems at Cherry Farm m 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 responsibiUty to enforce the gasoline 
law. This law applied to gasoline and other hquids 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 gasoUne pumps are tested for 
octane levels and accuracy. Liquid petroleum gas and anhydrous ammonia 
installations are checked for compliance uith 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. 

The State Agricultural Society asked the city and state for help in 1924. A State 
Fair Board was appointed and in a few years the fair was moved to its present site 

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NORTH CAROLINA MANUAL 2001-2002 

on the west side of Raleigh. In 1930, the State Fair was placed under the NCDA & 
CSs administration. For a tew years the department leased out the operation 
commercially, but 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 
hrst began to show profits. 

The State Fair has become North Carolina's 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 events — including the Dixie Deer Classic, 
Southern Farm Show and horse shows — are held m the buildings. 

Structural Pest Control Dixision 

Public concern tor the unethical practices of some exterminators led to the General 
Assembly's enactment of the N.C. Structural Pest Control Law in 1955. The law- 
was intended to protect consumers, the environment and the good name of the 
structural pest control industry. The law created a policy-making board, the N.C. 
Structural Pest Control Commission, and gave 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 di\asion, 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 necessar}' 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 of the 
fever; it was also the hrst time anyone had proven that parasites are capable of 
transmitting disease in mammals. Curtice's work set the pattern for similar 
investigations into human diseases. 



266 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Another threat to Uvestock at the time the veterinary program began was hog 
cholera, which had hrst been reported in the state in 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 improve soil fertiUty and better livestock would increase profit. Eventually 
this responsibility was given to the NCDA & CSs Marketing Division. 

In 1925, the department was charged with supervising slaughtering and meat- 
packing establishments in North Carolina. This service was not compulsory at that 
time, but it did enable any establishment that chose to use it to sell anywhere 
within the state without further inspection by a city or town. 

The Veterinary Division is authorized to inspect livestock markets to see that 
animals have received proper tests and vaccinations and to insure that sick animals 
are not offered for sale. Nine animal disease diagnostic 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 & CS's 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 



267 



NORTH CAROLINA MANUAL 2001-2002 

Personnel Division is responsible for providing support to the NCDA & CS's 
divisions in the areas of personnel administration including recruitment, interviewing 
and placement, personnel records management, policy development and 
more, Agriculture-Related Boards and Commissions 

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 further information about the N.C. Department of Agriculture, call (919) 
733-7125 or visit the departments Web site at wwwagr.state.nc.us . 



Meg Scott Phipps 

Commissioner of Agriculture 

Early Years 

Born m Haw River, Alamance County, February 18, 
1956, to Governor Bob Scott and Jesse Rae Scott. 

Educational Background 

B.A. m History, Wake Forest University, 1978; J.D., 
Campbell University School oi Law, 1981; Master of 
Laws, Ag. Law, University of Arkansas, 1983. 

Professional Background 

Commissioner of Agriculture., 2001 -Present 

Personal Information 

Married, Robert Phipps, Jr.; Two children. Member, Hawhelds Presbyterian Church. 




268 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



Commissioners of Agriculture^ 

Name 

Leonidas L. Polk- 
Montford McGhee^ 
John Robinson"^ 
Samuel L. Patterson^ 
James M. Newborne'' 
John R. Smith^ 
Samuel L. Patterson^ 
William A. Graham*^ 
William A. Graham, Jr.^^^ 
William Kerr Scott ^' 
David S. Coltrane^^ 
Lynton Y. Ballentine'^ 
James A. Graham''* 
Meg Scott Phipps 



Residence 

Anson 

Caswell 

Anson 

Caldwell 

Lenoir 

Wayne 

Caldwell 

Lincoln 

Lincoln 

Alamance 

Wake 

Wake 

Rowan 

Alamance 



Term 

1877- 

1880- 

1887- 

1895- 

1897 

1897- 

1899- 

1908- 

1923- 

1937- 

1948- 

1949- 

1964- 

2001- 



1880 
1887 
1895 
1897 

1899 
1908 
1923 
1937 
1948 
1949 
■1964 
■2000 
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 for the electing of the Commissioner of Agriculture 
in the general elections. 

^ Polk was chosen by the Board of Agriculture on April 2, 1877, and served until 
his apparent resignation m 1880. 

^ McGhee was apparently chosen by the Board of Agriculture to replace Polk and 
served until 1887. 

'^ Robinson was elected by the Board of Agriculture on April 22, 1887, and seiTed 
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. 



269 



NORTH CAROLINA MANUAL 2001-2002 



a 



10 



1 1 



1 ^ 



1 4 



Patterson was elected by the General Assembly on March 6, 1899. He was elected 
in the general elections in 1900 and served following re-election in 1904 until 
his death on September 14, 1908. 

Graham was appointed by Governor Glenn on September 16, 1908, to replace 
Patterson. He was elected in the general elections in 1908 and sei"ved 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 m the general elections in 1924. 

Scott was elected in the general elections in 1936 and sensed 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 m the general elections m 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 m general elections m 1964 and retired in 2000. 



270 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Labor 

The Constitution of North CaroUna provides for the election by the people 
every four years of a Commissioner of Labor whose term of office runs concurrently 
with that of the governor. The commissioner is the administrative head of the 
Department of Labor and also serves as a member of the Council of State. 

The original "Bureau of Labor Statistics," the historical precursor of the present 
N.C. Department of Labor, was created by the General Assembly of 1887, with 
provision for appointment by the governor of a "Commissioner of Labor Statistics" 
for a two-year term. In 1899 another act was passed providing that the commissioner, 
beginning with the general election of 1900, be elected by the people for a four-year 
term. 

For three decades, the department over which this newly-elected commissioner 
presided remained a very small agency of state government with limited duties and 
personnel. In 1925, the department employed a total of 15 people. In a general 
reorganization of the states labor administration functions m 1931, the General 
Assembly laid the broad groundwork for the Department of Labors subsequent, 
gradual development into an agency administering laws and programs affecting a 
majority of North Carolina citizens. 

Today, the North Carolina Department of Labor is charged by statute with 
promoting the "health, safety and general well-being" of the states more than three 
million working people. The many laws and programs under its jurisdiction affect 
virtually every person in the state in one way or another. The General Statutes pro\ide 
the commissioner with broad regulatory and enforcement powers with which to 
carry out the department's duties and responsibiUties to the people. 

The departments principal regulatory, enforcement and promotional programs 
are carried out by 1 1 bureaus, each headed by a bureau chief. These include the 
Apprenticeship and Training Bureau; the Boiler Safety Bureau; the Elevator and 
Amusement Device Bureau; the Labor Standards Bureau; the Mine and Quarry Bureau; 
the Occupational Safety and Health Division (OSH), which contains five different 
bureaus; and the Training Initiatives Bureau. Support services are handled by the 
Budget and Management, Human Resources and Communications 
divisions, Research and Policy along with the Information Technology and 
Publications bureaus, the departmental library and the legal affairs office. 

Five statutory boards assist the commissioner with policy development and 
program planning. These are the Apprenticeship Council; the N.C. Board of Boiler 
and Pressure Vessel Rules; the Mine Safety and Health Advisory Council; the State 
Advisory Council on Occupational Safety and Health; and the Private Personnel 
Service Ad\isory Council. 

The Occupational Safety and Health Review Board is a separate unit independent 
I of the Department of Labor. The board hears appeals of citations and penalties 

271 



NORTH CAROLINA MANUAL 2001-2002 

imposed by the OSH Division. Us members are appointed by the governor. The 
Department of Labors major bureaus and then' 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 2001, over 10,000 citizens were sen^d by this voluntary system of employee 
training that combines on-the-job training and related instruction to form a quality 
training system for employers throughout the state. The apprentice learning a trade 
is taught b)' a skilled journeyman. 

This bureau encourages high school graduates to pursue apprenticeship training 
as a means of acquiring steady, fulfilling employment that offers excellent wages 
and career-development potential. Apprentices begin at a fixed percentage of 
journeyman pay and receive planned wage increases as they learn new skills. 
Apprenticeships combine structured on-the-job training with related technical 
training furnished by the indi\'idual employer or at a local community college or 
technical institute. 

The bureau administers the National Apprenticeship Act ot 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 and use of pressure equipment subject to the law. The bureau conducts 
periodic inspections of equipment under its jurisdiction and monitors inspection 
reports by certified insurance company inspectors. The bureau maintains records 
concerning the ownership, location and condition of pressure equipment being 
operated and issues inspection certificates to boiler owners and operators whose 
eciuipment is found to be m compliance with the act. More than 95,000 boilers and 
pressure vessels are currently on record with the division. 

Elevators and Amusement Devices 

The Elevator and Amusement Devices Bureau is responsible for the proper 
installation and safe operation of all elevators, escalators, workman's hoists, 
dumbwaiters, moving walks, aerial passenger tramways, amusement rides, incline 



272 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

railways and lifting devices for people with disabilities that operate in public 
establishments, except federal buildings and private residences. 

More than 28,000 inspections are conducted annually by this bureau, which 
first undertook its periodic safety code inspection program in 1938. It now operates 
under a law passed by the General Assembly in 1986. Any company or persons 
wanting to erect any equipment under this bureau's jurisdiction (except amusement 
rides) must submit blueprints and applications for approval before any installation 
is begun. Any company or person wanting to operate amusement devices is required 
to submit a location notice in writing to the bureaus Raleigh office at least five (5) 
days prior to the intended date of 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 equipment, are inspected. In 
addition, bureau personnel conduct regular, periodic inspections of all such operating 
equipment in the state and inspect amusement rides before they operate at each 
location. 

Employers, institutions such as churches and private individuals who desire 
technical assistance in selecting and installing safe lifting devices for persons with 
disabilities can obtain information from the bureau. The bureau also offers architects 
and builders a service that reviews plans for code compliance on proposed 
installations of elevators and related 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 m 1941, the bureau seeks to broker voluntary amicable and 
swifi settlements of disputes between employers and employees, disputes that 
otherwise would likely result m strikes, work slowdowns or lockouts. The bureaus 
services include: 

Mediation: Upon application by both parties, the Commissioner of Labor will 
assign a mediator to assist the parties in their collective bargaining process. This 
effort is voluntary and does not bind the parties in any way legally 

Conciliation: When there 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 legal effect upon the 
parties. 

Arbitration: In 1927, North Carolina was one of the first states to enact a 
Uniform Arbitration Act. The act establishes a formal procedure for voluntary binding 
arbitration of questions in controversy between two or more parties. In 1945, the 



273 



NORTH CAROLINA MANUAL 2001-2002 

General Assembly established an arbitration service administered by the 
Commissioner ol Labor, who appoints and maintains a voluntary arbitration panel. 

The panel is composed of highly qualified and experienced individuals who 
have agreed to make themselves available to arbitrate controversies and grievances 
relating primarily to wages, hours and other conditions of employment. Assignment 
or selection of an arbitrator is made pursuant to provisions of a contract or voluntar)' 
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. 

Wage and Hour 

The Wage and Hour Bureau is responsible for enforcement of the North Carolina 
Wage and Hour Act, the Controlled Substance Examination Regulation Act, Private 
Personnel Services Act and the Job Listing Services Act. 

The Wage and Hour Act includes employee protection includes employee 
protections for minimum wage and overtime payments, payment of amounts 
promised where not required by law, youth employment and record-keeping. The 
minimum wage, o\-ertime and youth emplo)Trient provisions generally parallel the 
federal Fair Labor Standards Act (FLSA) and apply to all businesses whose annual 
dollar volume is less than $500,000. The Act requires all businesses, except public 
sector employers, to pay promised wages including vacation, sick leave, holiday 
pay, and rates of pay above the statutory minimum m accordance with employer 
policies or practices. The states minimum wage rate is $5.15 per hour and increases 
with changes m the federal minimum wage. Overtime is based on hours actually 
worked in a workweek and is generally paid for hours m excess ot 40. Some 
exemptions and alternate methods of calculation are allowed. Written notification 
of promised wage amounts, including changes, is required. Youth employment 
certihcates are required for all youth under the age of 18; restrictions on hours of 
work and occupations apply to youth under 18. Some exemptions are allowed for 
public sector, domestic, and agricultural employers 

The Controlled Substance Examination Regulation Act establishes procedural 
standards to be followed by employers who conduct drug testing of applicants and 
employees. The Act does not include employee protections from adverse actions 
by employers as a result of drug testing. 

The Private Personnel Services and Job Listing Services Act establish license, 
certihcation and notihcation requirements of agencies that hold themselves as 
providing information or senaces leading to employment of an applicant. 



274 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Employment Discrimination 

This bureau enforces the RetaUatory Employment Discrimination Act. This law 
protects employees who in good faith file or initiate an inquiry in relation to workers 
compensation claims, or exercise their rights under the state's Occupational Safety 
and Health Act, the Mine Safety and Health Act, the Wage and Hour Act, service in 
the National Guard, genetic testing, possessing the sickle cell trait or hemoglobin C 
trait or participation m the Juvenile Justice System. 

Investigators from this bureau impartially examine all written complaints filed 
with the department under the act. If a complaint does not have merit, a right-to- 
sue letter is issued to the complainant, who may then pursue the claim through 
litigation. If the complaint is found to be vaUd 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 1975 Mine Safety and Health Act of 
North Carolina and conducts a broad program of inspections, education and training, 
technical assistance and consultations to implement provisions of the act. 

Previous North Carolina law on the operations and inspection of mines and 
quarries in the state dates back to 1897. In 1977 the U.S. Congress enacted the 
federal Mine Safety and Health Act, requiring mine and quarr)' operators to meet 
specific standards designed to achieve safe and healthful working conditions for 
the industry's employees. 

The Mine and Quarry Bureau assists operators in complying vvdth the provisions 
of the federal act, which requires them to train their employees in safe working 
procedures. Some 460 private sector mines, quarries, and sand and gravel pit 
operations employing more than 4,500 citizens are under the division's jurisdiction. 
There also are approximately 300 public sector mines in 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 of state 
and local government. 

North Carolina currently conducts one of 26 state-administered OSHA programs 
in the nation. The Occupational Safety and Health Division, through its Safety 
Compliance and Health Compliance bureaus, conducts more than 3,000 inspections 

275 



NORTH CAROLINA MANUAL 2001-2002 

a year. The division conducts investigations of complaints made by vvorkers, 
investigations of work-related accidents and deaths, general schedule inspections 
of randomly-selected firms and follow-up inspections of tirms previously cited for 
OSHA violations. Inspection schedules are coordinated through the Planning, 
Statistics and Information Management Bureau. Worker complaints about unsafe 
or unhealthy working conditions should reported to the Occupational Safety and 
Health Division in writing, by phone or on-line at the N.C. Labor web site. 

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 
Ser\aces Bureau. The division also offers engineering, standards interpretation and 
educational assistance through its Education, Training and Technical Assistance 
Bureau. By making full use of these non-enforcement senices, employers may bring 
their estabhshments into full compUance with OSHA standards. Employers may 
contact the bureaus to receive free aid, including technical assistance or on-site 
visits. Another feature ot the OSH Di\'ision includes recognizing organizations with 
excellent safety and health performance through the Safety Award and Carolina Star 
programs. 

The North Carolina Occupational Safety and Health standards parallel federal 
OSHA standards. North Carolina workplace safet)- standards may be stricter than 
the federal standards, but they can not be less strict. Serious violations of OSHA 
standards can result m monetar}^ 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. 

Labor-Related Boards and Commissions 

Apprenticeship Council 

North Carolina Board of Boiler and Pressure Vessel Rules 

Mine Safety and Health Advisory Council 

Private Personnel Service Advisory Council 

State Advisory Council on Occupational Safety and Health 

For further information on the N.C. Department of Labor, call 1-800-LABOR- 
NC or visit the departments Web site at: \\^\av. dol . state . nc . us . 



276 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



1 


^H 


1 


mm 



Cherie Killian Berry 

Commissioner of Labor 

Early Years 

Born in Newton, Catawba County, on December 21, 
1946, to Earl and Lena Carrigan Killian. 

Educational Background 

Graduated, Maiden High School, Maiden, 1965; Lenoir 
Rhyne College, 1967; Gaston Community College, 
1969; Oakland Community College, 1977. 

Professional Background 

Commissioner of Labor, 2001 -Present. 

Political Activities 

Commissioner of Labor, 2001-Present; Member, N.C. House of Representatives, 
1993-2001. 

Elective or Appointed Boards and Commissions 

Former Member, N.C. Economic Development Board; Eormer Co-Chair, Welfare 
Reform Study Commission; Former Member; Joint Legislative Study Commission 
on Job Training Programs. 

Honors and Awards 

1997 Friend of the Workmg 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 Businesses. 

Personal Information 

Married to Norman H. Berry, Jr. 

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 



Residence 


Term 


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 



277 



NORTH CAROLINA MANUAL 2001-2002 

Commissioners of Labor (continued) 

Name Residence Term 

Arthur L. Fletchef' Ashe 1933-1938 

Forest H. Shuford'^' Guilford 1938-1954 

Frank Crane '^ Union 1954-1973 

William C. Creel'- Wake 1973-1975 

Thomas A. Nye, Jr.'' Rowan 1975-1977 

John C. Brooks'^ Wake 1977-1993 

Harry E. Payne, Jr. '5 New Hanover 1993-2000 

Cherie K. Beriy Catawba 2001 -Present 



1 



The General Assembly of 1887 created the Bureau of Labor Statistics. In the act 
establishing this agency, provision was made for gubernatorial appointment of s> 
commissioner to a two-year term. In 1899 the General Assembly passed anotheil 
act that allowed the General Assembly to elect the next Commissioner of Laboij 
during that session. The legislation also mandated that future commissioners bt 
elected m the general elections - beginning in 1900 - for a four-year term. , 

Jones was appointed by Governor Scales on March 5, 1887, for a two-year term 

Scarborough was appointed by Governor Fowle on February 15, 1889, for ; 
two-year term. He was apparently re-appointed in 1891 and resigned m December 
1892. 

Harris was appointed by Governor Holt on December 20, 1892, to replac 
Scarborough. 

Lacy was appointed by Governor Carr on March 2, 1893, tor a two-year terrr 
He was re-appointed on March 13, 1895. 

Hamrick was appointed by Governor Russell on March 8, 1897 for a two-yes- 
term. 

Lacy was elected by the General Assembly on March 6, 1899. 1 

Varner was elected in the general elections of 1900. \ 

Fletcher was elected m the general elections of 1932. He resigned effecti\ 
September 12, 1938. 

Shuford was appointed by Governor Hoey on September 12, 1938, to replac 
Fletcher. He was elected in the general elections of 1938 and served followir 
subsequent re-elections until his death on May 19, 1954. 



278 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^^ Crane was appointed by Governor Umstead on June 3, 1954, to replace Shuford. 
He was elected in the general elections of 1954. 

12 Creel died August 25, 1975. 

1^ Governor Holshouser appointed Nye to fill Creels unexpired term. 

'' Brooks was elected in 1976 and served through 1992. 

■p Payne was elected in 1992 and began serving as commissioner on January 11, 
1993. He was re-elected in 1996. 



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NORTH CAROLINA MANUAL 2001-2002 

Department of Insurance 

North Carolinas General Assembly established the N.C. Department of Insurance 
on March 6, 1899. The departments legal mandate included 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 in 1907 to provide for the election of the Commissioner of 
Insurance by the vote of the people of North Carolina. Since then. Commissioners 
of Insurance ha\'e been elected to four-year terms. 

The Department of Insurance regulates the various kinds of insurance sold m 
North CaroUna, as well as the companies and agencies that sell these pohcies. 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 consiuners 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 pro\idc^ 
staff support to the North Carolina State Building Code Council, the Manufactured 
Housing Board, the North Carolina Home Inspectors Licensure Board, the State Fn\ 
and Rescue Commission, the Public Officers' and Employees' Liability Insurance 
Commission, the Arson Awareness Council and the Code Officials Qualifications 
Board. 



280 



I 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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: 

Administration Division 

This division provides research for the Commissioner of Insurance when setting 
policy and goals and priorities for the Department of Insurance. The division also 
administers the departments budget and personnel operations. 

Public Services Group 

This group consists of four separate divisions. The Agents Services Division 
regulates and issues licenses for insurance agents, adjusters, brokers and appraisers. 
The division additionally reviews hcense applications and licensing examinations 
and maintains a hie on every licensed insurance professional doing business in 
North Carolina. 

The Consumer Services Division assists North CaroHna consumers by answering 
their insurance questions and resolving their insurance problems. A staff of consumer 
specialists advises and acquaints consumers with courses of action they may pursue 
to resolve their particular insurance problem. 

The Investigations Division is responsible for investigating criminal violations 
of North Carolina's insurance laws. Requests for investigations come from within 
the department, consumers, law enforcement agencies, local, state and federal 
agencies and insurance companies. The Investigations Division is also responsible 
for hcensing and regulating insurance premium finance companies, professional 
bail bondsmen and runners, collection agencies and motor clubs and investigating 
all complaints invoKing these entities. 

Company Services Group 

The responsibilities of the Financial Evaluation Division are to monitor the 
solvency of all insurance companies under the supervision of the Commissioner of 
Insurance; to review and recommend for admission out-of-state, domestic and 
surplus lines companies seeking to transact business in the state; lo examine and 
audit domestic and foreign insurance organizations licensed in North Carolina; 
and to ensure the financial solvency and employee stability of self-insured workers 
compensation groups in the state. 

The Actuarial Services Division assists in the review of rate, iorm and siaiistical 
filings. In addition, this division provides actuarial studies for financial evaluation 
work and is involved in special projects and studies. 

The Information Systems Division manages the departments information 
technology resources, including data processing, word processing, office automation, 
data communications and voice communications. 



281 



NORTH CAROLINA MANUAL 2001-2002 

The Administrative Supervision Division closely monitors the hnancial condition 
and operations of domestic insurance companies to determine whether a troubled 
entity can be prevented from going into formal delinquency proceedings by returning 
the insurer to sound financial condition and good business practices. 

Technical Services Group 

The Property and Casualty Division reviews homeowners, automobile, workers 
compensation and other personal, commercial property or casualty insurance 
policies, rates and rules. 

The Life and Health Division reviews rate, rule and policy form filings made by 
life and health msurance companies. The division also licenses third-party 
administrators CTPAs) and regulates companies selling 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 Benehts 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 activities 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 in eveiy 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 Gefteral Counsel 

The Ofhce of General Counsel advises department personnel on legal matters 
and acts as liaison to the Ofhce 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 Carolina 
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 ? 



282 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

and the general public, administers certification of code officials, reviews building 
plans and inspects electrical systems m 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. 

The State Property Fire Insurance Fund Division administers the self-insurance 
fund for state-owned property and vehicles and assists local governments with 
property and casualty insurance programs. The program also provides professional 
liability coverage for law enforcement officers, public officials and employees of 
any political subdivision of the state. The program provides staff, administration 
and research services to the Public Officers and Employees Liability Insurance 
Commission. 

The Fire and Rescue Services Area, consisting of three divisions, administers 
the Firemen's Relief Fund; develops and carries out training for fire departments 
and rescue squads; provides staff to the Fire and Rescue Commission; and works 
to improve fire and rescue protection m the state in association with the North 
Carolina Firemen's Association and the North Carolina Association of Rescue Squads. 

Insurance-Related Boards and Commissions 
N.C. Building Code Council 

N.C. Code Officials Qualification Board 

N.C. Manufactured Housing Board 

N.C. Home Inspections Licensure Board 

N.C. Fire and Rescue Commission 

N.C. Public Officers and Employees Liability Insurance Commission 

N.C. Arson Awareness Council 

For more information about the Department of Insurance's services, call 
Consumer Services at (919) 733-2032 or Toll-free (800) 546-5664. You can also 
visit the N.C. Department of Insurance's Web site at www.ncdoi.com/ncdoi . 



283 



NORTH CAROLINA MANUAL 2001-2002 




James Eugene Long 

Commissioner of Insurance 

Early Years 

Born m Burlington, Alamance County, March 
19, 1940, to George Attmore and Helen Brooks 
Long. 

Educational Background 

Burlington City Schools; Graduate, Walter M. 
Williams High School, 1958; North Carolina 
State University, 1958-62; A.B., University of 
North Carolina-Chapel Hill, 1963; Juris Doctor, 
University of North Carolina-Chapel Hill School 
of Law, 1966. 

Professional Background 

Attorney. 

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). 

Business/Professional, Charitable/Civic and Community Service Organizations 

Chair, N.C. Arson Awareness Council, 1985-present; Chair, N.C. Manufacturec 
Housing Board, 1985-present; Member, N.C. Council of State. 

Elective or Appointed Boards and Commissions 

N.C. State Bar, 1966-present; BurUngton-Alamance Chamber of Commerce, 1968 
74; Secretary and Director, N.C. Special Olympics, 1967-75 (helped start N.C 
Special Olympics movement). ' 

Personal Information . 

Married, Mary Margaret O'Connell. Two children. Seven grandchildren. f 



Commissioners of Insurance^ 

Name Residence 

James R. Young' Vance 

Stacey W Wade^ Carteret 

Daniel C. Boney"* Suny 

William R Hodges^ Martin 

Waldo C. Cheek'^ Moore 

Charles E Gold' Rutherford 

Edwin S. Lanier"^ Orange 

John R. Ingram"* Randolph 

James E. Long'^^ Alamance 



Tcrni 

1899-1921 

1921-1927 

1927-1942 

1942-1949 

1949-1953 

1953-1962 

1962-1973 

1973-1985 

1985-Preseni 



284 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The General Assembly of 1899 created the Department of Insurance with 
provisions that the first commissioner would be elected by the current General 
Assembly with future commissioners appointed by the governor for a four-year 
term. (PubHc Laws, 1899, Chapter 54.) In 1907, the General Assembly passed a 
bill which provided for the election of the commissioner in the general elections, 
beginning in 1908. (Public Laws, Chapter 868). 

Young was elected by the General Assembly on March 6, 1899. He was appointed 
by Governor Aycock in 1901 and served following re-appointment in 1905 until 
1908 when he was elected in the general elections. 

Wade was elected in the general elections of 1920 and served following re-election 
in 1924 until his resignation on November 15, 1927. 

Boney was appointed by Governor McLean on November 15, 1927, to replace 
Wade. He was elected in the general elections of 1928 and served following 
subsequent re-elections until his death on September 7, 1942. 

Hodges was appointed by Governor Broughton on September 10, 1942, to replace 
Boney He was elected in the general elections of 1944 and served following re- 
election in 1948 until his resignation in June, 1949. 

Cheek was appointed by Governor Scott on June 14, 1949, to replace Hodges. 
He was elected in the general elections of 1950 to complete Hodges' unexpired 
term. He was elected to a full term in 1952 and served until his 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 in 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 in the general elections of 1962 to complete Golds unexpired 
term. He was elected to a full term m 1964 and served until he declined to run 
for re-election in 1972. 

Ingram was elected in 1972 and served until 1984. 

' Long was elected in 1984 and was re-elected in 1988, 1992, 1996 and 2000. 



285 



NORTH CAROLINA MANUAL 2001-2002 

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 faciHties, managing state vehicles, poUcing the 
State Government Complex, acquiring and disposing of real property and operating 
auxiliar}' ser\'ices such as courier mail deliveiy and the sale of state and federal 
surplus propert)'. The department offers 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 senice 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 Ofhce and the N.C. Council for Women. All of the advocacy 
programs have an appointed council supported by a state staft. 

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 "ser\'e as a staff agency to the governor and to 
provide for such ancillary seivices as other departments oi state government might 
need to ensure efficient and efiective 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. The department's Human Resources Management 
Office offers training to top-level managers m 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 Operations, 
The Deputy Secretaiy tor Internal Services and Programs, the General Counsel, the 
Assistant Secretary and the Public Information Officer. The department includes the 
following divisions: 



286 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Agency for Public Telecommunications 

The Agency for Public Telecommunications operates public telecommunications 
facilities and provides state agencies with communications services designed to 
enhance public participation in government. The agency operates a television and 
radio production studio that offers media production, teleconferencing and public 
semce 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 Carolina military veterans, their 
dependents and the dependents of deceased veterans in obtaining and maintaining 
those rights and benefits to which they are entitled by law. 

Office of Fiscal Management 

The Office of Fiscal Management accounts for all fiscal activity of the department 
in conformity vvdth the requirements of the Office of State Budget and Management, 
the Office of State Controller, the Department of State Auditor and federal funding 
agencies. The office files timely financial reports; invoices user agencies for central 
ser\aces; and recommends and administers fiscal policy 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 of Science and Technology. 
These services encompass all major areas of public personnel administration in 
accordance with the requirements of the State 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 PubUc Information Office helps the department enhance its communications 
with the people of the state and other governmental agencies. Responsibilities include 
assistance with public inquiries, media relations, news releases, publications, 
graphics, editing, publicity, speech writing and counseling the secretary's executive 
staff, division directors and employees on the best way to communicate with the 
public. 

State and Local Government Affairs Division 

The State and Local Government Affairs Division 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 

287 



NORTH CAROLINA MANUAL 2001-2002 

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 perlormance of their duties. This division is a receipt- 
supported operation thai purchases, maintains, assigns and manages the States 
centralized fleet of approximately 5,500 vehicles and enforces state policy and 
regulations concerning the use of the vehicles. 

Purchase and Contract Division 

The Division ol 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 ot goods and ser\'ices required by state agencies, 
institutions, public school districts, community colleges and the university system. 
Those goods and ser\'ices currently total nearly $1.2 billion each fiscal year. 

Local governments, charitable non-proht hospitals, local non-proht community 
sheltered workshops, certain child placement agencies or residential child care 
facilities, volunteer non-profit tire 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 ser\'ices necessary 
to carry out the capital improvement program lor all state institutions and agencies. 

State Property Office 

The State Property Office is responsible for state governments acquisition and 
disposition ot all interest m real property whether by purchase, sale, exercise of 
power of eminent domain, lease or rental. The ofhce maintains a computerized 
inventory of land and buildings ov^Tied or leased by the State and prepares and 
maintains floor plans for state buildings. 



288 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Goxemor's Adyocacy Council for Persons with Disabilities 

The Governors Advocacy Council for Persons with Disabihties pursues 
appropriate remedies, including legal action, on behalf of disabled citizens who feel 
they have suffered discrimination. This council also offers technical assistance 
regarding disability issues; provides information on accessing Social Security 
disability beneftts; promotes employment opportunities for disabled persons; and 
reviews policies and legislation relating to persons with disabilities. 

North Carolina Council for Women and Domestic Violence Commission 

The North Carolina Council for Women and Domestic Violence Commission 
were consolidated m 2001 m order to bring greater efhciency to the two agencies. 
The Council for Women advises the governor, the General Assembly and other 
state departments on the special needs of women in North Carolina. The council 
administers state and federal funds to local non-proht groups ser\ing victims of 
sexual assault and domestic violence. The Domestic Violence Commission is the 
states hrst permanent commission to coordinate strategy, policy, programs and 
services to combat domestic violence. The commissions purposes are to assess 
statewide needs related to domestic violence and assure that necessary services, 
policies and programs are provided to those m need. 

North Carolina Commission of Indian Affairs 

The Commission of Indian Affairs advocates for the rights of 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 Native American Indians 
to pursue cultural and reUgious traditions they consider sacred and meaningful. 

North Carolina Human Relations Commission 

The Human Relations Commission provides services and programs aimed at 
improving relationships among all citizens of the state, while seeking to ensure 
equal opportunities in the areas of employment, housing, public accommodation, 
recreation, education, justice and governmental services. The commission also 
enforces the North Carolina Fair Housing Law. 



289 



NORTH CAROLINA MANUAL 2001-2002 

Youth Advocacy and Invoheinent Office 

The Youth Advocacy and Involvement Office seeks to tap the productivity of 
the youth ol North Carohna through participation in community services and 
leadership development. Experiential education opportunities are pro\'ided to young 
adults through an internship program. The office provides advocacy for individuals 
in need ot child or youth services in the state and makes recommendations to the 
governor, the General Assembly and other policy-making groups. 

Facility Management Division 

The Facility Management Division provides preventive maintenance and repair 
services to the State Government Complex and some facilities used by government 
workers m 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 impro\ang operations, reducing 
costs, and improving service delivery for all divisions m the Department. This 
oltice 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 m 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 hre alarms. 

Historically Underutilized Business (HUB) Office 

HUB serves as an advocate tor businesses owned by minorities, women and 
persons with disabilities m their efforts to conduct business with the State of 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 ofhces to identify prospective HUB 
vendors and service providers. 



290 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Mail Service Center 

The MSC is a full-service, centralized mail operation for state government that 
mcludes the processing and delivery of outbound and inbound U.S. mail and 
interoffice mail for 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 in Raleigh, the Mail Service Center is 
the result of the consoUdation of 26 mailrooms out of 39 in state government in 
Raleigh as of July 1999. 

State Parking System Office 

This office is responsible for planning, developing and implementing parking 
in the State Government Complex, which includes over 8,000 spaces and three 
visitor lots. The office also administers the state employees' commuting program in 
the downtown complex and works closely with parking coordinators in the various 
state government departments. 

Division of Non-Puhlic Education (DNPE) 

This division serves as a liaison between state government, conventional private 
elementary and secondary schools, home schools and the general public. DNPE 
provides oversight to North Carolina's private elementary and secondary schools. 
The division is responsible for verifying, by periodic inspection of 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. Directory of Non-Public Schools. 

Administration-Related Boards and Commissions 

Board of Trustees of the N.C. Public Employee Deferred Compensation Plan 

Commission on Prevention and Treatment oof Substance Abuse and 
Addiction 

Domestic Violence Commission 

North Carolina Energy Policy Council 

North Carolina Housing Partnership 

Historically Underutilized Business Advisory Council 

Incentive Bonus Review Committee 

Governor's Advocacy Council for Persons with Disabilities 

Governor's Advocacy Council on Children and Youth 

N.C. Council for Women 

N.C. Board of Public Telecommunications 

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NORTH CAROLINA MANUAL 2001-2002 

Republic of Moldova and the State of North Carolina Partnership 
Program 

N.C. Human Relations Commission 

N.C. State Commission on Indian Affairs 

N.C. Internship Council 

Martin Luther King, Jr. Commission 

Persian Gulf War Memorial Commission 

N.C. State Building Commission 

Southeast Compact Commission for Low-Level Radioactive Wasre 
Management 

State Youth Advisory Council 

Veterans' Affairs Commission 

N.C. State Indian Housing Authority 

Underage Drinking Study Commission 

N.C. Wireless 911 Board 

For more information about the N.C. Department of Administration, call (919) 
807-2425. You can also visit the departments Web site at wu^w.doa. state .nc. us/ 
DOA. 



292 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 




GwynnT.Swinson 

Secretary of Administration 

Early Years 

Born in New York, N.Y., on March 10, 1953, to 
G.T. and Romaine Godley Swinson. 

Educational Background 

Sandy Springs High School, Sandy Springs, Md.; 
B.A., Antioch College, 1973; J.D. Antioch School 
of Law, Antioch College, 1976; Master of Law, Duke 
Law School, Duke University, 1986. 

Professional Background 

Secretary of the N.C. Department of Administration, 

2001-Present; Special Deputy Attorney General for Administration, N.C. Department 

of Justice. 

Political Activities 

Secretary of the N.C. Department of Administration, 2001-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Executive Committee, National Association of State Chief Administrators; Board of 
Directors, Ther Spencer Foundation; Board of Directors, SAFE Child. 

Elective or Appointed Boards and Commissions 

Chair, N.C. Public Employees Deferred Compensation Plan; Chair, Governor's 
Efficiency Working Group; Member, Information Resource Management 
Commission. 

Honors and Awards 

Pacesetter, Stennis Center for Public Service; Clean Cities Program Award, U.S. 
Department of Energy; Efficiency Working Group Contributor of the Year, Carolinas 
Chapter, Employee Involvement Association. 

Personal Information 

Two children. 



Secretaries of Administration 

Name Residence 

Paul A. Johnston^ Orange 

Da\id S. Coltrane^ Wake 



Term 

1957-1960 

1960-1961 



293 



NORTH CAROLINA MANUAL 2001-2002 

Secretaries of Administration (continued) 

Name Residence Term 

Hugh Cannon Wake 1961-1965 

Edward L. Rankm, Jr.' Wake 1965-1967 

Wa)Tie A. Corpening"* Forsyth 1967-1969 

William L. Turner Wake 1969-1973 ! 

William L. Bondurant' Forsyth 1973-1974 i 

Bruce A. Lentz'^ Wake 1974-1977 ' 

Joseph W Grmisley Wake 1977-1979 j 

Jane S. Patterson Cactmg)' Wake 1979-1980 | 

Joseph W Grimsley^' Wake 1980-1981 ! 

Jane S. Patterson' Wake 1981-1985 | 

Grace J. Rohrer'^' Orange 1985-1987 | 

James S. Loiton'^ Wake 1987-1993 | 

Katie G. Dorsett^^ Guilford 1993-2000 j 

Gwynn T. Smson Wake 2001 -Present 

I 

' Johnston was appointed by Governor Hodges and sensed until his resignation 

effective August 31, 1960. j 

- 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 ser\'ed 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. i 

"* Bondurant was appointed on Januaiy 5, 1973, by Governor Holshouser to replace; 
Turner and resigned effective June 21, 1974. i 

" Lentz was appointed by Governor Holshouser to replace Bondurant. Copy o 
Commission to Lentz, July 1, 1974, Division of Publications, Department of the 
Secretar)' of State, Raleigh. j 

' Patterson sen'ed as acting departmental secretary when Grimsley took a leave o' 
absence to seive as campaign manager for Governor Hunt. j 

''^ Grimsley resigned effective August 1 , 1981, following his appointment as secretar 
for the Department of Natural Resources and Community Development. 

"^ Patterson was appointed by Governor Hunt to replace Grimsley 

Rohrer was appointed by Governor Martin. 



10 



294 



HE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

1 Lofton was appointed by Governor Martin. 
Dorsett was appointed by Governor Hunt. 



2 



295 



NORTH CAROLINA MANUAL 2001-2002 

Department of Commerce 

When 11 was established as pan of the State Government Reorganization Act of 
1Q71, the Department of Commerce (DOC) consisted almost entirely of regulatory 
agencies and the Empk)yment Security Commission. 

While those responsibilities continue to be a x'cry important part of DOCs role 
in slate governmeni, the dei^ariment o\er the years has evolved into the states lead 
agenc)' lor economic, communitx' and vvorklorce development. The department 
promotes a wide variety of opportunities to improve the economy of the entire Tar 
Heel State, rural and urban areas alike. Promoting tourism, exporting, film 
production, community revitalization and industry recruitment are some of the 
activities the department undertakes. The Secretary of Commerce is appointed by 
the governor. Three 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 stafk 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 governments across the 
state through economic development, community development, growth management 
and downtown revitalization. DCA has four major components: the N. C. Main 
Street Program, the Community Development Block Grant (CDBG) Program, local 
government ser\'ices and the 21st Century Communities initiative. 

The North Carolina Mam Street Program helps cities maintain a thriving 
downtown through a lour-part sell-help process in\'ol\'ing organization, promotion, 
design and economic restructuring. 

The Community Development Block Grant Program is a federally-funded 
program that assists local governments with community and economic development 
projects that primarily beneht low- and moderate-income families. 

The Division ot Community Assistance assists local governments generally with 
their planning and growth management needs. In ten counties, the DCA administers 
the 21st Century Communities initiative, an effort to assist local communities m 
achieving readiness m economic dex-elopment by working in partnership to develop 
strategic plans for economic growth. 



296 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Executive Director for Policy and Employment administers the following 
programs: 

Workforce Development 

The 38-member North Carolina Commission on Workforce Development is 
an external oversight board that is staffed by the Department of Commerce. The 
commission and its staff are responsible for recommending policies and strategies 
that will enable the states workforce to compete in the current and future global 
economy The commission makes its recommendations to the Governor, the General 
Assembly the Department of Commerce and the various education and workforce 
agencies of state government in an effort to create an effective, coherent and 
comprehensive workforce system. Under the terms of the federal Workforce 
Investment Act, the One-Stop Career Center Governance and Support Unit provides 
oversight and technical assistance to the states JobLink Career Center System and 
ad\dses the Workforce Development Institute on system-wide training needs. 

Division of Employment and Training 

The Division of Employment and Traming administers a statewide system of 
workforce programs that prepare North Carolina's citizens facing economic 
disadvantage, job loss and other serious barriers to employment for participation 
m the workforce. The programs provide high-support training and other services 
that result m increase employment and earnings, increased educational and 
occupational skills and decreased welfare dependency. The statewide system is 
designed to improve the quality of the workforce as well as the state's competitiveness 
in a global economy. Workforce programs administered through the division include 
the federal Workforce Investment Act of 1998, which provides services to adults, 
dislocated workers and low-income youth; the federal Welfare-to-Work grant 
program, designed to pro\ide employment and training services to the hardest-too 
-serve welfare recipients and non-custodial parents; and the North Carolina 
Employment and Training Grant Program that pro\ades resources to complement 
Workforce Investment Act programs. National Emergency Grants funded by the 
Workforce Investment Act provide funding to retrain workers displaced by NAFTA 
from specific textile and apparel hrms and to provide relief employment for those 
impacted by Hurricane Floyd. 

The Assistant Secretary for Economic Development administers the following 
programs: 

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 

297 



NORTH CAROLINA MANUAL 2001-2002 

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. 

Division of Business and Industry Development 

The Division o^ Business and Industry Development leads North Carolina's 
business and industrial recruitment efforts. Its staff works closely with other public 
and priN'ate development organizations to attract new industries to the state. This 
includes efforts aimed at recruiting foreign-owned firms to North Carolina. The 
division operates international ofhces m 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 of the state: 
Asheville, Bryson City and Lenoir m the Western Region; Charlotte m the Carolinas 
Region; Greensboro in the Piedmont Triad Region; Raleigh in the Research Triangle 
Region; Fayetteville m the Southeastern Region; Greenville m 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 firms m marketing their goods and ser\ices outside of the United States. 
It seeks to faciUtate 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 m international markets. Industiy 
consultants located m Raleigh accomplish these activities with the assistance of five 
foreign trade offices located m Frankfurt, Hong Kong, Tokyo, Toronto, and Mexico 
City The division also offers specialized services to the states furniture industry 
through the North Carolina Furniture Export Ofhce m High Point. 

Division of Infoiination Technology Services (ITS) 

The Division of Information Technology Services offers technology products 
and services to North Carolina state government agencies and to county and 
municipal governments. Services offered by the division include: telecommunication 
senaces; mainframe and client-server computing; management of local and wide- 
area networks; system design and implementation; application development and 
support; office automation and personal computer support services. ITS also develops 
policies and standards for state government technology for adoption by the 
Information Resource Management Commission (IRMOand provides staff support 
to the commission. 



298 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



Executive Director for Policy and Employment administers the following programs: 

Economic Polity and Research Division 

The Economic Policy and Research Division develops policy studies and may 
make policy recommendations to improve the well-being of the people of the state. 
The division collects and maintains data on the states economy; monitors and 
analyzes global, national, state and regional economic trends; does background 
research on industries to support recruitment and economic development efforts; 
and performs economic impact analysis and provides relevant and timely information 
in support of policy analysis, strategic planning and economic development. This 
mformation is provided to all divisions within the department. The division produces 
quarterly community investment reports and monthly layoffs and closing reports 
and maintains the departments county profiles, state comparisons and industry 
profiles web pages. The division also staffs the Economic Development Board. 

Board of Science and Technology 

The General Assembly established the N.C. Board of Science and Technolog)' 
in 1963 to encourage, promote and support scientific, engineering and industrial 
research applications m North Carolina. The board works to investigate new areas 
of emerging science and technology and conducts studies on the competitiveness 
of state industry and research institutions in these field. The board also works with 
the General Assembly and the Governor to put into place the infrastructure that 
keeps North Carolina on the leading edge of science and technology. Seventeen 
members sit on the board, drawn from universities, corporations, non-profit 
organizations and government agencies from across the state. 

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 in 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 in the state to assist travelers to North Carolina. 



299 



NORTH CAROLINA MANUAL 2001-2002 

North Carolina Film Office 

The ollicc promotes North Carolina as a location for television, motion picture 
and advertising productions. The office offers location scout services to producers 
and supports the states four regional lilm commissions in their efforts to increase 
film production in the state. 

Division of Sports Development 

The Division of Sports Development promotes North Carolina as a leading site 
lor sports events in\'ol\'ing amateur and professional organizations. The office works 
with local go\'ernment and corporate allies to serve as a clearinghouse for sporting 
activities in North Carolina and to assist sports organizations and promoters m 
making North Carolina a host site for leading amateur and professional sports 
events. 

Assistant Secretaiy lor 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, film 
producers, sporting event promoters and state personnel on ofhcial business. 

Fiscal Management Division 

The Fiscal Management Dix'ision is responsible for the accounting, budgeting 
and purchasing functions of the department. 

Human Resources 

The Fiuman Resources Ofhce performs personnel functions for the department, 
including recruitment and employee relations, position classification and fringe 
benefit administration. 

Management Information Systems Division (MIS) 

The Management Information Systems Division (MIS) is responsible for all 
information technology services within the department. This includes LAN 
management, project management functions for applications development, 
maintenance of personal computers and peripherals and graphics design and 
reproduction. 

Wanchese Seafood Industrial Park 

The Wanchese Seafood Industrial Park works to promote fishing and marine 
industries and serves as a location for seafood processing plants, boat builders, 
fishing supplies and other marine-related businesses. 



300 



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 Secretar}^ for Administration: 

Alcoholic Beverage Control Commission 

The Alcoholic Beverage Control Commission controls the sale of alcoholic 
beverages m the state through operation of a centralized warehouse, oversight of 
local government-operated retail sales outlets, and permitting of facilities authorized 
to sell alcohol m bulk or by the drink. 

Banking Commission 

The Banking Commission, is responsible for chartering and regulating North 
Carolina's state banks and trust companies, as well as registration and Ucensing of 
various financial institutions operating m the state, including check-cashers, 
consumer hnance 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 states unemployment 
insurance program. It also offers job placement and referral services to all North 
Carolina citizens and maintains the states 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. 



301 



NORTH CAROLINA MANUAL 2001-2002 

Public Staff of the Utilities Commission 

The public staff reviews, investigates and makes recommendations to the North 
Carolina Utilities Commission on the reasonableness of rates and adequacy of serv^ice 
provided by all public utilities in the state. The staff is also charged vv^ith ensuring 
the consistency ot public policy assuring an energy supply adequate to protect 
public health and safely. 

Rural Electrification Authority 

The Rural Electnlication Authority ensures that customers m 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 senices offered by more than 
1,200 utility companies in North Carohna. 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 private pay phone service, 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 ofhces are located 
m Asheville, Charlotte, Greensboro, Raleigh, Elizabethtown, Kinston and Edenton. 

State Ports Authority: The Ports Authority staff operates and promotes the use 
of North Carolinas 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 
Secretar)' of Commerce serx-es as an c.x-officio member of the board. 

Commerce-Related Boards and Commissions 

Cape Fear Navigation and Pilotage Commission 

Community Development Council 
Economic Development Board 



302 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Employment Security Commission Advisory Council 

Energy Policy Council 

Entrepreneurial Development Board 

Morehead City Navigation and Pilotage Commission 

N.C. Mutual Burial Association Commission 

N.C. National Park, Parkway and Forest Development Council 

N.C. Seafood Industrial Park Authority 

N.C. Small Business Council 

N.C. Sports Development Commission 

N.C. State Ports Authority 

N.C. Travel and Tourism Board 

For more information about the Department of Commerce, call (919) 733- 
4151 or visit the department's Web site at www.nccommerce.com . For more 
information about the Employment Security Commission, call (919) 733-7546 or 
visit the commissions Web site at www.esc.state.nc.us. 



James T. Fain 

Secretary of Commerce 

Early Years 

Born May 22, 1943 m Hendersonville, 
Henderson County, to James T. and 
Thomasina Shepherd Fain, Jr. 

Educational Background 

1961 Hendersonville High School; B.A. m 
Political Science, UNC-Chapel Hill, 1971; 
Master in Business Administration, UNC- 
Chapel Hill, 1975. 

Professional Background 

Secretary of Commerce, 2001-Present; 
Assistant Secretary for Economic 
Development, N.C. Department of 
Commerce, 1999-2001. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Foundation Board, N.C. Museum of Art; Trustee, Rex Hospital, Raleigh; Member, 
Downtown Raleigh Alliance Board. 




303 



NORTH CAROLINA MANUAL 2001-2002 

Elective or Appointed Boards and Commissions 

Member, N.C. Pons Aulhoriiy; Member, N.C. Bioieeh Center; Member, N.(j 
Economic Dc\'elopmenl Board. 

Honors and Awards | 

A.E. Fmley Award, Greater Raleigh Chamber of Commerce, 1999; hidividual Awaij 
lor Support o{ the Arts, Wake County Arts Council, 1996 

Personal Information 

Married to Peggy Ann Rhodes Fain; Two children; Member, Christ Episcop! 
Church, Raleigh. 



Secretaries of Commerce^ 

NcfMlC 

George Irving Aldridge' 
Tenney I. Deane, Jr.' 
Winfield S. Han-ey"* 
Donald R. Beason" 
Duncan M. Faircloth" 
C.C. Hope 
Howard Haworth' 
Claude E. Pope^ 
James T. BroyhilF' 
Estell C. Lce'^^ 
S. Davis Phillips'^ 
E. N orris Tolson'-^ 
Rick Carhsle'^ 
James T. Fain III 



The Executive Organization Act of 1971 created the "Department ol Commerc' 
vvath provisions for a "Secretary" appointed by the Governor. The Department 'f 
Commerce was reorganized and renamed by legislati\'e action ol the 1989 Genel 
Assembly. 

Aldridge was appointed by Governor Scott. 

Deane was appointed on January 5, 1973, by Governor Holshouser to repk- 
Aldridge. He resigned in November, 1973. 

Har\Ty was appointed on December 3, 1973, by Governor Holshouser to repk- 
Deane. ' 

Season was appointed on July 1, 1976, by Governor Holshouser to repbp 
Harvey. 

haircloth was appointed on January 10, 1977, to replace Beason. 

Haworth was appointed January 5, 1985, to replace Hope. 



304 



Residence 


Term 


Wake 


1972-1973 1 


Wake 


1973-1974 


Wake 


1973-1976 


Wake 


1976-1977 j 


Wake 


1977-1983 


Mecklenburg 


1983-1985 


Guilford 


1985-1987 


Wake 


1987-1989 


Caldwell 


1989-1990 


New Hanover 


1990-1993 ' 


Guilford 


1993-1997 


Edgecombe 


1997-1998 


Orange 


1998-2000 


Wake 


2001 -Present : 



rHE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Pope was appointed by Governor Martin to replace Haworth. 

Broyhill was appointed by Governor Martin to replace Pope. 
^ Lee was appointed by Governor Martin April 1, 1990 to replace Broyhill. 
' Phillips was appointed by Governor Hunt January 11, 1993, to replace Lee. 
f Gov Hunt appointed Tolson on January 17, 1997, to replace Phillips. 
; Gov Hunt appointed Carlisle secretary on January 17, 1998, to replace Tolson. 



305 



NORTH CAROLINA MANUAL 2001-2002 



Department of Correction 

The Depatiment ol 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 Irom 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 
serx'iccs to all incarcerated persons while at the same time providing community- 
based supeiTision and some needed social services to clients on probation, parole 
or post-release supervision. 

The Department of Correction was established in 1972 by authority of the 
Executive Reorganization Act of 1971 as the Department of Social Rehabilitation 
and Control. The act provided for merging the Parole Commission and the 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 ser\'es at his 
pleasure. The secretar)- 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 responsibiUties and functions occurred. In 1975, the Division ot 
Youth Development was transferred administratively to the Department of Human 
Resources, leaving the Department of Correction its current administrative 
conhguration. 

The histor}' of corrections m North Carolina reflects the continued development 
and rehnement 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 m Wake County and the construction of Central 
Prison m Raleigh. This was a result of the "Reconstruction Constitution" of North 
Carolina which was accepted by the United States Congress in 1868. In 1899, 
Caledonia Prison Farm was purchased from Halifax County. This arrangement 
continued until 1933 when the General Assembly transferred supervision of the 
three state prisons and the various county prisons to the State Highway and Public 
Works Commission. This merger of the highway and prison systems was 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. 



306 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Division of Prisons remained under total administrative control of the 
Highway and Public Works Commission until 1955 when the director of prisons 
was granted the ability to set divisional rules, regulations and policies to include 
the hiring, promotion and dismissal of employees. At the same time, the General 
Assembly formed the Prison Reorganization Commission to study the relationship 
between prisons and the highway system. The commission recommended that a 
separate prison department be formed and legislation was enacted forming the Prison 
Department in 1957. 

Also in 1957, landmark legislation was enacted authorizing a statewide system 
of work release. North Carolina thus became the first state prison system in the 
nation to allow inmates to work at private employment during the day and return 
to confinement in the evening. Today, North Carolina has 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 RehabiUtation and Control was formed in 1972. 

Probation was first initiated in the United States in 1878 in Massachusetts. In 
1919, North Carolina enacted its hrst probation laws, but limited probation to 
first-offender female prostitutes and certain juveniles under the supervision of female 
officers. In 1937, legislation was enacted forming the Probation Commission to 
super\ise a statewide network of male and female offenders reporting to probation 
officers. In 1972, the commission was disbanded when the Division of Adult 
Probation and Parole was formed within the newly-created department. At first, 
probation officers retained a strictly probation supervision caseload; but by mid- 
1974 they were carrying parole caseloads as well. Currently, probation and parole 
officers carry a combination 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 commutations granted by the Governor 
in the original Constitution of North Carolina in 1776. This system was maintained 
in the Reconstruction Constitution of 1868. In 1919, the General Assembly 
established an Ad\dsory Board of Paroles which made parole recommendations to 
the Governor. This board was reduced to the Commissioner of Pardons in 1925, 
the Officer of Executive Counsel in 1929 and the Commissioner of Paroles in 1935. 
It was this 1935 legislation that 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 of Paroles consisting of 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 of parole officers to the 



307 



NORTH CAROLINA MANUAL 2001-2002 

Division of 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 of paroles, the General Assembly reduced 
the number of parole commissioners from five to three m 1999. The Division of 
Adult Probation and Parole was renamed the Division of Community Corrections 
in 1998. 

The General Statutes establishing the Department oi 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 Communit)' Corrections and the Division of Alcohol and 
Chemical Dependency The Secretary of Correction and his immediate administrative 
staff are responsible for the major planning, hscal, 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 lull range of architectural, engineering and 
construction services to all DOC divisions. Construction semces 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 supenision. 

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 states current 
sentencing law. 



308 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Purchasing and Auxiliary Services 

This section is responsible for purchasing goods and services, warehousing 
and delivery of 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 Inmate Trust Fund accounting, as well as internal 
auditing procedures. 

Personnel 

The Personnel Section is responsible for personnel functions including payroll, 
maintenance of employee records, and other matters associated vv^th 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 provides basic training and certification for all 
new staff, advanced training in particular skill areas, and in-ser\ace 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 manufacture products and provide 
services for sale to tax-supported agencies. Correction Enterprises returns part of its 
net prohts to the Crime Victims Compensation Fund of North Carolina, in addition 
to paying for incentive wages for all inmate jobs m 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. 

Victims Services 

Established in December, 2001, the Ofhce of Victim Services provides direct 
services in response to victim inquiries and develops programs, policies and 
procedures relating to the departments victims issues. 



309 



NORTH CAROLINA MANUAL 2001-2002 

Citizen Services 

Established in 1998, the Citizen Services call center operates the departments 
toll-free telephone number and serves as a clearinghouse for information about the 
department. The section is now a part of the Public Information Office. 

Inmate Griexance 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 m 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 bv 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 m 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. 



310 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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. Mmimum 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. Selected inmates are allowed to work in the community for the prevailing 
wage. They pay restitution and fines, when ordered by the sentencing court, and 
help their families by sending money home. Part of their income goes to the 
department to help offset the cost of their incarceration. 

Minimum custody programs are aimed at helping inmates begin the transition 
to life outside prison include education and drug treatment programs. Minimum 
custody inmates are also allowed to participate m the Community Volunteer and 
Home Leave programs. Screened and selected volunteers are allowed to sponsor 
inmates for three-hour passes to attend approved community programs such as 
religious meetings. Alcoholics Anonymous and drug treatment sessions. The Home 
Leave program allows specially screened and approved inmates to \isit their families 
for periods of time up to 48 hours. The purpose of this program is to allow inmates 
to rebuild family ties and to plan for the future prior to release. 

Division of Community Corrections 

The Division of 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 supervised by ofhcers who 
protect the publics safety by enforcing special conditions such as curfews and 
random drug tests. These officers 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 offenders sentenced to prison under pre\dous state 
sentencing laws are now subject to supervision in the community. Structured 
sentencing distinguishes between community punishments and intermediate 
punishments. Community punishment offenders are supervised 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 individuals who were 
convicted under previous sentencing laws and who are eligible for discretionary- 
release by the Parole Commission. Also, the dixision supervises offenders who are 
eligible for post-release supervision after completion of their active structured 
sentence. 



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NORTH CAROLINA MANUAL 2001-2002 

The Division of Community Corrections administers the state-county Criminal 
Justice Partnership Program which provides funds for locally-managed, community- 
based sanction programs. These programs are designed to assure offender 
accountability in the community; divert lower-risk offenders from prison; and offer 
rehabilitative opportunities to offenders. 

Corrections-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, cail (919) 733-4926 
or visit 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. m Sociology, North 
Carolina Central University, 1970; A.A.S. m 
Business Administration, AsheviUe-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, 

Governors 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. 




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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Military Service 

First Sergeant, U.S. Army, 1970-72 (active) and 1975-97 (reserve); National Defense 
Service Medal; Good Conduct Medal; Army Reserve Components Achievement 
Medal; Armed Forces Reserve Medal; Drill Sergeant of the Year, P' Battalion, 5W^ 
Regiment, 1984. 

Personal Information 

Married to Linda Jean Chiles Beck. Two children. Member, Hill Street Baptist Church. 



Secretaries of Correction^ 

Name 

George W Randall- 
Ralph D. Edwards^ 
David L. Jones"* 
Amos E. Reed^ 
James C. Woodard'' 
Aaron J. Johnson' 
V Lee Bounds*^ 
Franklin E. Freeman, Jr.'' 
R. Mack Jarvis'^' 
Theodis Beck'^ 

^ The Executive Organization Act of 1971 created the "Department of Social 
Rehabihtation 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 Hunt. 

^° Jarvis was appointed on January 17, 1997, by Governor Hunt after Secretary 
Freeman was promoted to chief of staff for the governor. 



313 



Residence 


Term 


Wake 


1972 


Wake 


1972-1973 


Cumberland 


1973-1977 


Wake 


1977-1981 


Johnston 


1981-1985 


Cumberland 


1985-1992 




1992-1993 


Wake 


1993-1997 




1997-1998 


Wake 


1999-Present 



NORTH CAROLINA MANUAL 2001-2002 

" Beck was appointed on April 19, 1999, by Gov. Hunt. Deputy Secretary Joseph 
L. Hamilton served as acting secretary from Oct. 1, 1998, until Secretary Becks 
appointment. 



314 



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 against crime and against natural and man-made disasters; to 
serve as the states 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 states 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, 
Governors 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 Governors Advisory Commission on Military Affairs. Five 
administrative sections in the Office of the Secretary support the divisions: Eiscal, 
Information Systems, Personnel and Benefits, Public Affairs and Organizational 
Effectiveness. 

Alcohol LuM^ 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 states Alcoholic Beverage Control laws. 

Agents pro\ide 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 appUcant 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. 



315 



NORTH CAROLINA MANUAL 2001-2002 

Public education is also an important part of the job of an Alcoholic Law 
Enforcement agent. Agents routinely conduct seminars regarding the irresponsible 
service of alcohol; present classes to youth groups and civic organizations; and 
teach ABC laws at local and state law enforcement schools. 

New agents are trained during a 20- week ALE Basic School, which was designed 
and certified specifically tor ALE agents. This training includes physical conditioning 
and defensive tactics, instruction in constitutional and criminal laws, court 
procedures, search and seizure, criminal investigation, alcoholic beverage control 
laws, firearms and vehicle operations. 

This division is commanded by a director, headquarters staff, field supervisors 
and their assistants. For administrative purposes, the field organization is di\'ided 
into twelve districts, each with a headquarters office readily accessible to the public. 

ALE also manages the North Carolina Center lor 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 moved trom the Emergency Management Division 
to the Alcohol Law Enlorcement Division to provide the statf easier access to law 
enforcement resources. Trained staff members provide technical assistance and 
training to citizens, law enforcement officials, school personnel and human seiwices 
professionals. The centers staff gives assistance and support to both the families of 
missing persons and to the law enforcement ofiicials investigating missing person 
cases. Staff members also participate m emergency operations and searches for 
persons who are missing and endangered. 

Butner Public Safety Division 

The Butner Public Satety Division traces its roots back to the Camp Butner Fire 
Department set up m 1942 when Camp Butner was established as a LIS. Army 
Training Camp. In 1947, John Umstead, brother of Governor William B. Umstead, 
led a move m the General Assembly to build a new facility for the mentally ill. 
Camp Butner was purchased from the federal go\'ernment for $1 as the site for this 
complex. 

The Camp Butner Fire Department became part of the John Umstead Hospital 
in the Department of Human Resources. The staff consisted of 18 men. As the 
Butner complex and the community grew, the stall was trained as lire fighters and 
policemen and it became known as the Public Salety Department. It was then 
transferred to the Department of Crime Control and Public Safety m 1981 and its 
name was changed to the Butner Public Safety Division. 

Butner Public Salety Officers provide police and fire protection for the state 
hospitals at Butner; other state facilities there, including the 4,600-acre National 
Guard Training Range; the Butner Federal Correctional Facility; and the residential, 
business and industrial community of Butner. In keeping with the growth and ; 

316 [ 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

development of the town of Butner, facilities for the Butner PubHc 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 di\4sion is commanded by a public safety director, chief of hre services 
and chief of police services. The four platoons are commanded by captains, with 
master hre ofhcers and master police officers as support staff. Including the 
mvestigative, support, communications and logistics sections, Butner's total force 
IS 49. 

The duties of these ofhcers 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 estabUshed nationally on December 1, 1941, as 
an auxihary of the United States Army Air Corps. It was a part of the Ci\il Defense 
structure and shortly thereafter became involved in the war effort. In 1948, Congress 
made the Ci\al 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 Mihtary 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 m 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 wings budget. The Civil Air 
Patrol fulfills three primar)' 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, pro\T.ding 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. 



317 



NORTH CAROLINA MANUAL 2001-2002 

Cadet Training Program 

The Cadet Training Program provides young people, ages 13 through 18, with 
opportunities for leadership and education. The program teaches cadets aviation, 
search and rescue, individual and group discipline and personal development, gi\ing 
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 of emergency management in North Carolina began with passage 
of the Emergency Management Act of 1977. Prior to that, the Emergency Management 
Division went through two transitions from Civil Defense to Civil Preparedness. 
Both Civil Defense and Civil Preparedness focused primarily on war-related disasters, 
but also supported local law enforcement and fire departments in the event of a 
major catastrophe. With the increased exposure of people and property to extremely 
high-risk situations due to our technological advancement, the need tor a central 
coordinating agency to preser\'e 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 Militaiy 
and Veterans Affairs m 1971 and transferred again m 1977 to the newly-formed 
Department of Crime Control and Public Safety, where it was named the Di\^sion 
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 functions are carried out by the State 
Emergency Response Team (SERT). The SERT is composed of top-level management 
representatives from each state agency involved m 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 activities when two or more state 
agencies are involved and will, upon request, direct the total response including 
local, state, federal and private resources. By providing support to local governments 
through response efforts, planning and training, the Division of Emergency 
Management carries out its theme of cooperation, coordination, and unity 

Governor's Crime Commission 

The Governors Crime Commission embodies the former Law and Order 
Committee created m 1968 m 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 m 1977. The Governors Crime Commission serves 



318 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

by statute as the chief advisory board to the governor and the Secretary of Crime 
Control and Pubhc Safety on crime and justice issues and policies. 

The 40-member commission has representatives from all parts of the criminal 
justice system, local government, the legislature and other citizens. This commission 
is supported by a staff in the 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 miUion in federal monies to North Carolina for criminal justice improvement 
programs. The Governors 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 m 
every home and community to join actively in the ftght 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 PubUc Laws of 1929 provides: 

"That the State Highway Commission of North Carolina is hereby authonzed 
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." 



319 



NORTH CAROLINA MANUAL 2001-2002 

The Highway Patrol was given statutoiy responsibility to patrol the highways 
of the state, eniorce the motor vehicle laws and assist the motoring public. The 
State Highway Commission appointed a captain as commanding ofticer of the State 
Highway Patrol and nine lieutenants. These ten men were sent to Harrisburg, Pa., 
to attend a two-week training school lor state police. The captain and the nine 
lieutenants returned to North Carolina and made plans for recruiting 27 patrolmen, 
three for each ol the nine highway districts m the state. 

The year 1929 was the first time in North Carolina histoiy that all members of 
a law enforcement unit were required to go through a training school to study the 
laws they would be called on to enforce. Of the original 400 applicants who applied 
tor admission to the patrol, only 67 were ordered to report to Camp Glenn, an 
abandoned army encampnient near Morehead City. The school ran for six weeks 
and the names of the 27 men with the highest records were posted on the bulletin 
board as the first State Highway Patrolmen. Others who had come through the 
training course with credit were put on a reserve list to be called into seiwice as 
openings occurred. 

On July 1, 1929, 37 members of the patrol took their oaths of office m the hall 
of the House of Representatives in the North Carolina Capitol. From this original 
authorized strength of 37, the State Highway Patrol's 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 m 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 Safety 

As the primary traffic 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 enlorcmg all 
laws and regulations pertaining to tra\'el and use of vehicles upon the highways. 

Additional duties may be assigned by the governor and the secretaiy of Crime 
Control and Public Satety, 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 family 

The year 1977 also brought a change in location and facilities for the Patrols 
training schools. Camp Glenn was the site tor training the first class ot Highway 
Patrol recruits, but there was no permanent training site until 1946, when classes 

320 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

were held at the Institute of Government at the University of North CaroHna 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. 

In the fall of 1982, the Highway Patrol State Auxiliary, an organization of patrol 
wives and widows, decided to place a monument at the training center in memory 
of the troopers killed in the line of duty. After a fund-raising campaign to pay for its 
construction, on May 18, 1986, Governor James G. Martin accepted the memorial 
on behalf of the state during dedication ceremonies. The inscription on the 
monument was written by Latish Williams, an employee of the Patrol Headquarters 
staff: 

In memory of those who lost their lives in the line of duty, we hope you see 
their faces and hearts in this stone of beauty. In dedication and honor to those 
who die throughout the years, we stand before this memorial and hold back the 
tears. Over the years, we lost brave troopers who were our comrades and friends. 
We dedicate this monument in their honor knowing that when one dies, life 
begins. 

Law Enforcement Support Services 

Law Enforcement Support Ser\dces (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 miUtary surplus items to local and state law enforcement agencies. 

LESS was formally created in 1994 to provide a coordinated means for local 
agencies to obtain federal surplus equipment. The section maintains a list of requests 
from local agencies, then obtains equipment in bulk and distributes it to the agencies 
that requested a particular item first. In order to receive the surplus equipment, 
agencies must describe their counter-drug efforts and justify the need for any items 
they request. Between May 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 PoUce Corps scholarship program, 
which is designed to place officers who are college graduates in smaller law 
enforcement agencies involved in community-oriented pohcing. There is also a 
scholarship for dependent children of officers killed while performing official police 
duties. 



321 



NORTH CAROLINA MANUAL 2001-2002 

National Guard Dixision 

Since the colonial era ol ihis nations history, there have been citizen soldiers 
who worked at their trades, jobs, farms, professions and other liveUhoods, while 
also serving as members of organized mihtia units. When needed, these citizen- 
soldiers assisted in the dclense of life, property and their community. The North 
Carolina National Guard has its roots in this tradition. 

The National Guard today is the organized miHtia 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 histoiy of ser\'ice 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, hres and tornadoes 
occurred and during civil disturbances and other law enforcement emergencies that 
required additional trained manpovv^er to supplement state and local resources. 

As a part of the resen-e forces of the United States Armed Forces, the guard has 
been called or ordered to active federal ser\'ice 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 ser\'ed 
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 111 1898, it was discovered that the president of the United States had no authority 
to order the guard into federal sen'ice. 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 hrst line of defense. With the backing of the federal government 
and laws passed by the respective states based upon the National Defense Acts, the 
National Guard has continuously, through its training, developed a high standard 
of efficiency Today it is recognized as an important part of the Army of the United 
States. In 1947, the Army Air Corps was designated the United States Air Force and 
became a separate component of the armed ser\aces. At the same time, the National 
Guard of the United States was divided into the Army National Guard and the Air 
National Guard. 



322 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Department of Defense continues to expand the role of the guard in the 
national defense plan and to develop a "One Army" concept of active and reserve 
forces. Today, the North Carolina Army and Air Guard consists of more than 14,000 
soldiers and airmen. It is a modern, well-trained force which continues to distinguish 
itself in peacetime and to fulfill both its federal and state missions. Guard troops are 
equipped with some of the most modern miUtary 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 serv^e its citizens. 

Victim and Justice Services Division 

The Victim and Justice Services Division formerly was a section of the Governors 
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 PubUc Safety m 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 states 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 Carohna 27.6 million hours of free labor with an estimated 
monetar}' value of $153 milUon. 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 
Servdce Parole programs are administered in whole or in part by the division. 

This di\ision 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 



323 



NORTH CAROLINA MANUAL 2001-2002 

by reimbursing the cost of emergency medical treatment and e\adence collection. 
This program has ser\'ed thousands of victims since its inception m 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. 

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 visit the departments Web site at ww^v.nccrimecontrol.org . 



Bryan E. Beatty 

Secretary of Crime Control and Public Safety 



Early Years 

Born March 10, 1958, m Salisbury, Rowan County, to 
O.K. and Ellestme Dillard Beatty 

Educational Background 

Salisbury High School, Salisbury 1976; B.A., Political 
Science, State University of New York, 1980; Law 
Enforcement Certification, N.C. State Bureau of 
Investigation, 1981; J.D., School of Law, University of 
North Carolina at Chapel Hill, 1987. 

Political Activities 

Secretary Department of Crime Control and Public 
Safety, 2001 -Present; Director, N.C. State Bureau of 
Investigation; Deputy Attorney General, N.C. 
Department of Justice. 

Business/Professional, Charitahlc/Civic and Community Service Organizations 

Board of Directors, Pines of Carolina; Board of Directors, Frankie Lemmon School. 




324 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Elected or Appointed Boards and Commissions 

Governing Board, Crmiinal Justice Information Network; Governor's Crime 
Commission. 

Personal Information 

Married, Rhonda Hubbard Beatty. Two children. Member, Redeeming Love Baptist 
Church 

Secretaries of Crime Control and Public Safety^ 

Name Residence Term 

J. PhiUip Carlton^ Wake 1977-1978 

Herbert L. Hyde^ Buncombe 1979 

Burley B. Mitchell" Wake 1979-1982 

Heman R. Clark^ Cumberland 1982-1985 

Joseph W Dean^^ Wake 1985-1992 

Alan V Pugh^ Randolph 1992-1993 

Thurman B. Hampton^"^ Rockingham 1993-1995 

Richard H. Moore' Granville . 1995-1999 

Da\id E. Kellyi'^ Brunswick 1999-2000 

Br)^an E. Beatty Wake 2001-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 
Januar)^ 1, 1979, following his appointment to the N.C. Court of Appeals. 

^ Hyde was appointed on January 2, 1979, by Governor Hunt to replace Carlton. 

"^ Mitchell was appointed on August 21, 1979, to replace Hyde. He resigned in 
early 1982 following his appointment to the N.C. Supreme Court. 

^ Clark was appointed in February 2, 1982, by Governor Hunt to replace Mitchell. 

^ Dean was appointed January 7, 1985 by Governor Martin. 

^ Pugh was appointed June 1, 1992, to serve the remainder of the Martin 
Administration. 

^ Hampton was appointed by Governor Hunt and sworn m 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 m on Nov 23, 1999. 



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NORTH CAROLINA MANUAL 2001-2002 

Department of Cultural Resources 

when the North CaroUna Department ol Cultural Resources was created m 
1971, it became the hrsl state government cabinet-level department for cultural 
affairs established in the U.S. The purpose of the department is to enhance the 
cultural climate ol 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 ol understanding their history, values and natural creativity. 
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 consists of two major offices: Archives and History and Arts 
and Libraries. Each ofhce oversees numerous sections. The Ofhce of Archives and 
History is made up of the North Carolina Museum of History, Historic Sites and 
Historical Resources. The Ofhce of Arts and Libraries includes the North Carolina 
Museum of Art, North Carolina Arts Council, the State Libraiy of North Carolina 
and the North Carolina Symphon)'. 

The Office of Archives and History 

Founded in 1903 as the North Carolina Historical Commission, the North 
Carolina Office of Archives and History is the agency responsible for stewardship 
of the states past. The mission of the office of is to collect, preserve and utilize the 
states historic resources so that present and future residents may better understand 
their history. To that end, the office safeguards the documentary and material evidence 
ol past generations for the education of all citizens and the protection of their 
democratic rights. 

The agency provides leadership and assistance to encourage the preservation of 
historical resources by government agencies, private individuals, businesses and 
non-profit organizations throughout the state. Archives and History looks to the 
future as it endeavors to save what is important from the past and present for the 
education and fulfillment of all North Carolinians. The character, cultural identity 
and direction of North Carolina emerge from its historic heritage. Effective October 
1, 2001, Archives and History underwent reorganization as part of other changes 
within the Department of Cultural Resources. At that time, the former Division of 
Archives and Histoiy was split into Historical Resources, State History Museums 
and State Historic Sites under the new Office of Archu'cs and History. 

Among the agency's oldest programs is the North Carolina Highway Historical 
Marker Program, administered jointly with the Department of Transportation since 
1935. The program, overseen by an advisory committee of scholars, identifies and 
marks sites of statewide historical significance by means of cast aluminum signs on 
posts alongside the stales highways. Among the newest initiatives, with annual 
competitions since 1997, is National History Day, designed to promote interest in 

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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

history among students and to encourage them to develop skills in historical research 
and presentation. Students use these skills to design an exhibit, write a paper, produce 
a documentary or create a performance centered on the annual theme. 

Historical Resources 

The Archives and Records Section is responsible for promoting and 
safeguarding the documentar}- heritage of the state, particularly as it pertains to 
public offices. The section conducts statewide archival and records management 
programs that help collect, reference and preserve records of state and local 
governments and public universities. Open to the public five days a week, the 
North Carolina State Archives houses over 55,000 cubic feet of permanently valuable 
materials containing milhons of individual items. The Government Records Branch 
provides and administers records management services to state government agencies, 
local governments and state-supported institutions of higher education. Its holdings 
are housed in four records storage facihties with a total capacity of approximately 
220,000 cubic feet. The section administers the Outer Banks History Center, a 
regional research facility in Manteo. 

The Historical Publications Section serves to stimulate historical 
investigation; promote knowledge of the history of the state; and encourage the 
study of North Carolina history Two ongoing projects are the editing and publication 
of the Colonial Records oj North Carolina [Second Series] and North Carolina Troops, 
1861-1865, a comprehensive Ci\dl War roster. Among the sections bestselling titles 
are ones on pirates and coastal history. Of particular interest to scholars are 
documentary volumes of the papers of James Iredell and Zebulon Baird Vance. The 
section publishes the North Carolina Historical Review, established in 1924 as a 
medium of publication and discussion of history in North CaroHna. The Review, 
issued quarterly, is the definitive source for the study and understanding of the 
states history Carolina Comments is the quarterly newsletter of the Office of Archives 
and History. 

The North Carolina State Historic Preservation Office assists citizens, private 
institutions, local governments and agencies of state and federal government in the 
identification, evaluation, protection and enhancement of properties significant in 
North CaroUna history The agency administers the National Register of Historic 
Places program. The chief services of the office include the statewide survey of 
historic buildings and districts; environmental reviev/ of state and federal actions 
affecting historic and archaeological properties; technical assistance to owners in 
the restoration of historic properties; grant assistance for historic preservation 
projects; and technical assistance to local preservation commissions. The office has 
produced a series of publications based upon its sur\^ey work, notably guides to 
historic architecture in eastern and western sections with a piedmont volume in the 
works. 



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NORTH CAROLINA MANUAL 2001-2002 

The Office of State Archaeology coordinates and implements a statewide 
program of prehistoric, historic and underwater archaeology. The office has 
professional staff in Raleigh, Asheville, Fort Fisher (near Wilmmgton) and Morehead 
City The offices Research Center, completed in 1998, provides access to the states 
archaeological heritage. The Underwater Archaeology Unit, established 30 years 
ago, has grown to be a nationally-respected program. The unit has documented 
more than 5,000 shipw^-ecks in North Carolina waters. None of these underwater 
archaeological sites has had more impact than the shipwreck discovered near Beaufort 
Inlet in 1996. The site dates to the early 18''' centur\' and is the oldest wreck found 
in state waters. Since its discovery archaeologists have attempted to determine 
whether the shipwreck is that of the pirate Blackbcards flagship. Queen Anne's 
Revenge. 

State History Museums 

The North Carolina Museum of History m Raleigh promotes the understanding 
of the history and material culture of North Carolina for the educational benefit of 
North Carolinians. Through collections and historical interpretation, it encourages 
citizens and visitors to explore and understand the past; to reflect on their own li\'es 
and their place m histoiy; and to preser\T state, regional and local histor)^ for future 
generations. Permanent exhibits include the North Carolina Sports Hall of Fame 
and Tar Heel Junior Historian Association Gallery Recent temporary exhibits have 
dealt with the Civil War and with health and healing. The museum regularly hosts 
traveling exhibits on topics ranging from colonial furniture to Presidential portraits 
to Charles Lindbergh. 

Founded m 1902 by Fred Olds and long known as the Hall of History the 
Museum of Historx' moved to its present quarters m April, 1994. One aspect of the 
museums mission is to interpret North Carolina history through the acquisition, 
preservation and presentation of artifacts. The museums collection contains more 
than 250,000 artifacts representative of North Carolmas past. The staff includes 
specialists m design, artifact identification and provenance, conservation and 
restoration techniques and historical context. Curators specialize m fields such as 
agriculture and industry, community history costume and textiles, folklite, 
furnishings and decoratu'e arts, militar)' histon,^ and political and socioeconomic 
history. Educational programming, tailored to both students and teachers, is 
structured to complement the standard course of study in state histoiy m secondar)- 
schools. The museum hosts regular events geared toward adult learning, such as a 
book series, concerts and lunchtime speakers programs. 

The Museum of the Albemarle tells the stor\' of the people who have lived in 
the Albemarle region — from Native Americans to the first English-speaking 
colonists to farmers and fishermen. The museum is currently planning a move into 
a new building on the waterfront m Elizabeth Cit)-. The Museum of the Cape Fear 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

in Fayetteville interprets the history and culture of southern North Carolina from 
prehistory to the present. The Mountain Gateway Museum m Old Fort interprets 
the mountain regions history from the earhest inhabitants through the settlement 
period and into the twentieth century. 

The North Carolina Maritime Museum m Beaufort is driven by its mission to 
preserve and interpret all aspects of North Carolina's rich maritime heritage through 
educational exhibits, programs and field trips. The museum has an active 
boatbuilding program and offers environmental education programs, including one 
at Cape Lookout. Maritime museum branches are located in Southport and on 
Roanoke Island. 

State Historic Sites 

The North Carolina State Capitol, completed in 1840, is one of the finest and 
best-preserved examples of a major civic building in the Greek Revival style of 
architecture. Located in the 1916 Andrews-London House, the Capital Area Visitor 
Center is a permanent information center for more than 100,000 annual visitors to 
Raleighs state-owned and cultural attractions. 

Tryon Palace Historic Sites & Gardens pro\ades daily tours of North Carolina s 
restored colonial capitol and governors residence in New Bern, originally completed 
in 1770 for Governor William Tryon. The site also includes the John Wright Stanly 
House (ca. 1779), the Dixon-Stevenson House (ca. 1830), the New Bern Academy 
(ca. 1809) and 14 acres of period-inspired gardens. Recently acquired, for 
development as a history education and visitors center, is the six-acre Barbour Boat 
Works shipyard tract. The staff researches, collects, preserves and interprets the 
material culture relating to the period from 1770 to 1865. Recent initiatives have 
included revised presentations for the costumed interpreters and in-depth research 
on the regions African-American history. 

The USS Battleship North Carolina, berthed on the Wilmington waterfront, 
has provided two distinctly different services. In her hrst life, from 1941 to 1947, 
the vessel was a battle-tested veteran of World War II. In her second life, launched 
in October 1961, she is North Carolina's memorial to its World War II veterans, a 
tourist attraction and a museum. 

Roanoke Island Festival Park m Manteo blends history, education, and the 
arts in a celebration of Roanoke Island, the site of England's first attempt to colonize 
North America in the 1680s. The park's attractions include the Elizabeth U, replica 
of a sixteenth-century sailing vessel; the Roanoke Adventure Museum; an outdoor 
pavilion; and an art gallery. 

The North Carolina Transportation Museum at Spencer Shops is housed in 
what once was Southern Railway's largest repair facihty, acquired by the state in 
1977. In 1996, the centennial year of the shops, the roundhouse opened to the 
public. Presently, the major focus is the rehabilitation of the back shop for exhibits. 

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NORTH CAROLINA MANUAL 2001-2002 

The remaining 22 State Historic Sites preserv^e throughout North Carolina significant 
properties related to events, people and themes important to the states past. 
Administrative staff ofhccs are maintained in Raleigh and New Bern. The sites 
encompass buildings and grounds for the enjoyment of 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 people and their times can be better 
understood. Most sites have visitor centers with interactive exhibits, multimedia 
presentations and picnic tacilities. 

The sites are administered by region. In the Northeast region are Historic Bath, 
Historic Edenton, Historic Halifax and Somerset Place. In the Piedmont region are 
Alamance Battleground, Bennett Place, Charlotte Hawkins Brown Museum, Duke 
Homestead, House in the Horseshoe, Stagville and Town Creek. In the Southeast 
region are Aycock Birthplace, Bentonville Battleground, Brunswick Town, CSS Ncusc 
and Fort Fisher. In the West region are Fort Dobbs, Home Creek, Polk Memorial, 
Reed Gold Mine, Thomas Wolfe Birthplace, and Vance Birthplace. 

The Ofhce of Archives and Histor)' maintains ser\ice branches m Asheville and 
Greenville, offering professional expertise m historic resource management. The 
Western and Eastern Ofhces include specialists m archival management, preservation 
and site operations. For more detailed information about the North Carolina Office 
of Archives and History including hours, directions, names of staff members, events 
listings and news updates, see the agency's Web site at www.ah.dcr.state.nc.us . 

The Office of Arts and Libraries 

North Carolina is a state of cultural hrsts: the hrst m the U.S. to devote public 
funds for an art collection; the hrst local arts council; the hrst state-supported arts 
school; and the first to provide continuous funding to a state symphony. These 
programs, which provide education, entertainment and vast enjoyment for hundreds 
of thousands people each year, are part of the Ofhce of Arts and Libraries of the 
N.C. Department of Cultural Resources through the divisions of the North Carolina 
Symphony, the North Carolina Arts Council, the North Carolina Museum of Art 
and the State Libraiy of North Carolina. 

North Carolina Symphony 

The North Carolina S)miphony has the distinction of being the first orchestra 
m the country to receive continuous state funding. When the 1943 General Assembly 
passed what it called 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 175 concerts throughout the state, the orchestra reaches 100,000 
children and more than 200,000 adults each year. 

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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Under the leadership of Music Director and Conductor Gerhardt Zimmermann 
and Associate Conductor William Henry Curry, the North Carolina Symphony ranks 
as one of the nations major orchestras, presenting the finest in live, symphonic 
music. In addition to its outstanding reputation, the symphony also has one of the 
most extensive music education programs m the country Approximately 50 of its 
yearly concerts are given free of admission to school children throughout the state 
in their home communities. 

Along vvdth its statewide concerts, the orchestra presents 75 classical and pops 
concerts each year in the Raleigh, Durham, Chapel Hill and Car}' metropolitan area. 
The North Carolina Symphony is a full-time, professional orchestra with 64 
members, currently based in Raleigh's world-class Meymandi Concert Hall, one of 
the nations premier acoustical environments. 

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.C. World-renowned soloists and conductors, including Andre Watts, 
Nadja Salerno-Sonnenberg, Doc Severinsen, Raymond Leppard and Lynn Harrell, 
regularly perform with the North Carolina Symphony The symphony has produced 
four recordings: one of Durham composer Robert Ward's compositions; one of 
holiday pops music; an all-Beethoven recording; and a recording of patriotic works 
entitled American Favorites. 

State Library of North Carolina 

The State Library has a long and proud history, beginning with its founding in 
1812 as a collection of books in the office of the Secretary of State and the appointment 
of the first full-time State Librarian in 1843. Another historical milestone was the 
establishment of the North Carohna Library Commission in 1909. Its primary 
mission was to provide assistance, advice and counsel to all libraries, all communities 
that proposed to estabUsh libraries and all persons interested in the best means of 
establishing and administering libraries. By action of the General Assembly in 1955, 
the State Library and the Library Commission were merged to form a single State 
Library. Today, the State Library is a division of the Department of Cultural Resources. 
The State Library Commission, a 15-member group of citizens and professional 
librarians, advises the Secretar}' 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: (1) by working in partnership with local communities to develop 
public library services statewide; (2) by developing library networks and 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 



331 



NORTH CAROLINA MANUAL 2001-2002 

genealogy researchers and blind and physically handicapped people in North 
Carolina. 

The Library Development Section works closely with local communities to 
ensure that e\-er\' public librai')' in the state offers the best possible service. The 
section staff also works with libraries in North Carolina's public schools, colleges 
and universities to strengthen librar)^ ser\'ices statewide. The consultant staff provides 
continuing education, consulting assistance and other types of support to local 
library statf, libraiy board members and local ofhcials. Section staff manage a rich 
arra)' of statewide programs that support the efforts of local libraries as well as two 
grant programs aimed at strengthening local library senices. 

The Internet is transiorming 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 ages. Another 
innovative program — NC LIVE — provides access to magazine articles and reference 
books online to librar)- patrons m all 100 counties. StartSquad.org is an Internet 
portal designed by the states librarians to provide a well-organized selection of web 
sites lor children m preschool through middle school and NCECHO.org links a 
wealth of information about North Carolina's history and culture in its libraries, 
museums, archives and historical societies. 

The Library Services Section acquires and makes available informational 
materials to meet the work-related needs of state government employees; selves as 
North Carolina's official state documents depository; and pro\T.des information for 
genealogy researchers. The section's Library for the Blind and Physically Handicapped 
offers free senice to any North Carolinian unable to hold or read ordinary^ printed 
library materials because of physical or \'isual disability 

North Carolina Aits Council 

Since 1967, the North Carolina Arts Council has enriched the cultural liie of 
the state by nurturing and supporting excellence m the arts and providing 
opportunities for ever}^ North Carolinian to experience the arts. Through a 24- 
member board of directors appointed by the Governor, the Arts Council serves as 
the steward of state and federal funds appropriated for arts programs. The Arts 
Council is recognized nationally for its innovative leadership. Its programs include: 

Arts in Communities: Arts in Communities works with local arts councils, 
multicultural organizations and local government agencies to make the arts an integral 
part of community life. Its Grassroots Arts Program, a per-capita funding program, 
is recognized nationally as a model for stimulating community-based arts 
development by emphasizing local decision-making. Arts m Communities also 
directs the Regional Artists Project Grant program, which provides funds to consortia 

332 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

of local arts councils to award artist project grants and the Multicultural Organizational 
Development Program, which assists previously under-served communities. 

Arts in Education: Through Arts in Education Partnerships, the Arts Council 
encourages long-term collaborations between arts organizations, artists and schools 
and it funds artist residencies in schools. This underscores the key role the arts play 
at the core of learning. 

Cultural Tourism; The Arts Council pro\"ides consultations, technical assistance, 
information and grants to help arts organizations develop tourism initiatives. 
Marketing and public relations strategies promote the states arts resources to tourists. 

Folklife: The Arts Council documents and celebrates the states cultural heritage; 
promotes appreciation of folklife; and surveys traditional culture across the state. 
Folk Heritage Awards began in 1989; nearly 100 have been honored since then. 

Literary, Visual and Performing Arts: The Arts Council provides financial 
support, information resources and organizational development assistance to literary, 
visual and performing arts organizations around the state. Fellowships are awarded 
to artists each year to support their work and, thus, the creative vitality of the state. 

Touring and Presenting: The Arts Council produces a Usting of selected North 
CaroUna artists and companies in all discipUnes. It provides funds to organizations 
to hire artists and companies for school or community activities, such as 
performances, workshops, residencies and after-school and summer programs. 

Public Art: The Arts Council administers the Artworks for State Buildings 
program, which includes 63 artworks. Staff also provides assistance to communities 
interested in public art projects and community design through its program. Creating 
Place. 

Communications: The Arts Council produces the journal, NCarts, which covers 
issues and activities of statewide importance in the arts. A website, www.ncarts.org , 
provides access and links to arts programs locally and nationally. The Arts Council 
also provides research services, data about the arts and maihng hsts. 

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 one million dollars in 1947 "to purchase an art collection 
for the state," North Carolina became the first state in the nation to devote public 
funds for that purpose. With that first appropriation, the museum acquired 139 
European and American paintings including works by Rubens, Canaletto, 
Gainsborough, Copley and Homer. This appropriation attracted a gift from the 
Samuel H. Kress Foundation, which donated most of the museum's collection of 
Italian Renaissance and Baroque art. 



333 



NORTH CAROLINA MANUAL 2001-2002 

0\'er I he decades the museums collection has grown considerably. Major works 
by such European masters as Cranach the Elder, Aertsen, Canova, Monet and Pissarro 
have been added to the core collection. The modern collection features an exceptional 
group of German Expressionist paintmgs, as well as notable works by Hartley, 
O'Keeffe, Benton, Giacometti, Kline, Motherwell, Diebenkorn and Bearden. The 
museum also collects the art of our own time including important works by Wyeth, 
Stella, Murray, Katz, Kuitca and three contemporary German masters: Baselitz, Kiefer 
and Richter. The collection also has extended its reach to embrace Egyptian and 
Classical art and the art of Africa, Oceania and Ancient America. A galler)' of Jewish 
ceremonial art is one o^ the onl)- two such displays in a general art museum m the 
nation. 

Docents conduct lours of the permanent collection and tours of special 
exhibitions for groups, including school children that visit the museum for tours 
geared to their curriculum. 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. 

Eounded and administered bv the North Carolina Art Societv 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 b)' the North Carolina Museum of Art Foundation. 
A full-senice restaurant and a gift shop are available to visitors. Admission to the 
museum is free; however, there may be an admission charge for special exhibitions 
or programs. 

Special Progianis 

In addition to the many programs and services already under way through the 
various divisions o^ the N.C. Cultural Resources, the department also 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 the richness of North Carolmas cultural heritage should be available to everyone. 

Culture-Related Board and Commissions 

1898 Wilmington Race Riot Commission 

Edenton Historical Commission 

Executive Mansion Fine Arts Committee 

First Flight Centennial Commission 

Governors Business Council on Arts and Humanities Board 

Historic Bath Commission 



334 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Historic Hillsborough Commission 

Historic Murfreesboro Commission 

John Motley Morehead Memorial Commission 

Library Services and Technology Act (LSTA) Advisory Committee 

National Register Advisory Board 

North Carolina Art Society Board 

North Carolina Arts Council Board 

North Carolina Awards Committee 

North Carolina Highway Historical Marker Commission 

North Carolina Historical Commission 

North Carolina Museum of Art Board 

North Carolina Museum of History Associates 

North Carolina Public Librarian Certification Commission 

North Carolina State Library Commission 

North Carolina Symphony Foundation, Inc. 

North Carolina Symphony Society Board 

Roanoke Island Historical Association Board (The Lost Colony) 

Roanoke Island Commission (Elizabeth II) 

State Capitol Advisory Committee 

State Historical Records Advisory Board 

Tryon Palace Commission 

USS North Carolina Battleship Commission 

Vagabond School of Drama Board 

For more information on the Department of Cultural Resources, call (919) 
733-4867 or visit the departments Web site at http ://web . dcr. state . nc. us . 



335 



NORTH CAROLINA MANUAL 2001-2002 



Lisbeth Evans 

Secretary of Cultural 
Resources 

Early Years 

Born lo James Win I red and Trudie Clark 
E\ans on September 7, 1952, in Clarklon, 
Bkiden County. 

Educational Background 

Ckirkton High Sehook 1970; B.S., Wake 
Forest University, 1974; MBA, Babcoek 
School of Management, Wake Forest 
University, 1978. 

Professional Background 

Secretary, N.C. Department of Cultural 
Resources. 

Political Activities 

Chair, N.C. Democratic Party, January, 1996, 

to February, 1998; Chair, Womens Campaign Fund. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Board of Trustees, Wake Forest University Baptist Medical Center; Women Executives 
m State Government; Board, Second Han-est Food Bank of Northwest N.C. 

Elective or Appointed Boards and Commissions 

Board of Directors, Golden L.E.A.F. (Long-Term Economic Advancement 
Foundation), Inc.; N.C. Information Resource Management Commission; Board, 
N.C. School of the Arts. 

Honors and Awards 

Public Service Award, YWCA of Winston-Salem; Forsyth County Democratic Woman 
of the Year; Richardson L. Preyer Award, Leadership North Carolina. 

Personal Information 

Married, James Tate Lambie. Three children. Member, Augsburg Lutheran Church. 




Secretaries of Cultural Resources^ 

Name Residence 

Samuel T. Ragan- Moore 

Grace J. Rohrer' Forsyath 

Sara W. Hodgkms"* Moore 

Patric G. Dorsey^ Craven 

Betty R. McCain^ Wilson 

Lisbeth C. Evans Forsyth 



Term 

1972-1973 

1973-1977 

1977-1985 

1985-1993 

1993-2000 

2001 -Present 



336 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

' The Executive Organization Act of 1971 created the Department of Art, Culture 
and History with provisions for a secretary appointed by the governor. The 
Organization Act of 1973 changed the name to the Department of CuUural 
Resources. 

-^ Ragan vv'as 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. 

5 Dorsey was appointed January 7, 1985, by Governor Martin to replace Hodgkins. 

^ McCain was appointed January 11, 1993 by Governor Hunt. 



337 



NORTH CAROLINA MANUAL 2001-2002 

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 En\'ironment 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 Caroliria Gcok^gical Survey was formed, later expanded, and m 
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 m June of 1909, leading to the 
creation of the North Carolina Forest Service (known today as the Division of Eorest 
Resources) m 1915. When it was established, the services only task was to prevent 
and control wildfires. 

Also m 1915, the state parks system was born when Governor Locke Craig 
moved the General Assembly to save Mount Mitchell before loggers could ruin it. 
Legislators created Mount Mitchell State Park m response to the go\'ernors request. 
That same year federal and state laws were passed to protect watersheds and streams. 
The assembly established the North Carolina Fisheries Comniission Board, charging 
it with the stewardship and management of the states fishery resources. The board 
has the administrative power to regulate fisheries, enforce fishery laws and 
regulations, operate hatcheries and cany out shellfish rehabilitation activities. 

By 1925, the North Carolina Geological and Economic Survey took another 
step m its evolution, becoming the Department of Consen-ation 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 m our state 
parks built by the CCC are still m use today. 

The Division of Forest Resources established its nurser)' seedling program in 
1924, adding a management branch m 1937 and creating a State Parks Program as 
a branch operation in 1935. A full-time Superintendent oi State Parks was hired 

338 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

and the stage was set for parks management to develop into division status by 
1948. 

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 hterally a one-man show, operated by the 
State Geologist. 

The war years (1938-1945) provided new impetus for state involvement in 
managing North Carolina's geological and mineral resources thanks to the need for 
minerals to meet wartime shortages. 

The state and the U.S. Geological Survey undertook an ambitious cooperative 
effort in 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 today's complex and inclusive efforts to 
protect the state's water resources. The act also provided an important part of the 
legal basis for today's water pollution control program. It established a pollution 
abatement and control program based on classifications and water quahty standards 
applied to the surface waters of North Carolina. 

By 1959, the General Assembly had created the Department and Board of Water 
Resources, moving the State Stream Sanitation Committee and its 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 of Forest Resources expanded its comprehensive services during 
the 1950- 1970s, as did many of the state agencies concerned with the growing 
complexity of environmental issues. The nation's hrst Forest Insect and Disease 
Control Program was set up within the division in 1950. The Tree Improvement 
Program began in 1963. The Forestation Program was added in 1969 and the first 
Educational State Forest became operational in 1976. 

For the first half of this century, North Carolina's state parks grew simply through 
the generosity of pubHc-spirited citizens. Appropriations for operations were minimal 

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NORTH CAROLINA MANUAL 2001-2002 

until the State Parks Program was established within the N.C. Forest Service in 
1935. The parks were busy sites for military camps m the 1940s, but isolated 
leisure spots for most of the years before and after World War II. 

Steady growth in park attendance, and a corresponding need for more 
appropriations to serve that growth, surfaced m the early 1960s and contmues 
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 
Consenatit")]! 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 m 1967; and North Carolina became the first state 
to gain federal approval of its Coastal Management Program with the 1974 passing 
of the Coastal Area Management Act. By the early 1970s, the 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 ot 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 m 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 m 1989 to combine elements ol 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 

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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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. 

From 1989 to 1997, new DEHNR divisions were formed, others split and still 
others expanded in both manpower and regulatory authority. The increases and 
changes were in response to a new awareness by the public and businesses that 
North Carolina's growing industrial, commercial and population expansion was 
exactmg a high price on natural resources. 

The new agencies included the Office of Minority Health and its Minority Health 
Advisory Committee, legislatively created m 1992. The Governor's Council on 
Physical Fitness and Health and Healthy Carolinians 2000 followed. The state's 
three aquariums merged into one office inside DEHNR in 1993 and the Museum of 
Natural Sciences followed suit the same year. 

The Ofhce of Environmental Education was created in 1993 to educate the 
pubUc — and North Carolina youth in particular — about what constitutes the 
environment that supports us. Several of the department's health agencies were altered 
to meet pubUc concerns about infant mortaUty AIDS, septic tank systems and rabies. 

Those and other administrative changes between 1990 and 1996 resulted in an 
increase m Department manpower. Staffing reached 4,650 by 1997. The growing 
response to environmental problems brought an infusion of money for 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 hrst time gave the troubled parks system a 
guaranteed future source of funding — 75 percent of what the state had been taking 
from the excise tax on real estate tax transfers will now go to support our parks. 

As the decade of the 1990s dawned, legislators allocated substantial sums of 
money for programs to clean up the most dangerous of 10,000 underground 
gasoline storage tanks thought to be leaking at any given time in the state. Some of 
the state's gasoUne tax revenues 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 involved and the large numbers of 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-off of nitrogen and other substances into 
rivers and creeks. In 1995 and 1996, animal waste spills into rivers in eastern 
North Carolina led to a stiffening of waste management requirements; the addition 



341 



NORTH CAROLINA MANUAL 2001-2002 

of inspectors to its water quality and its soil and water conservation divisions; and 
training requirements for farm operators. 

With the health tunctions of DEHNR growmg at a rate matchmg the growth of 
envn'onmental pressures, the 1996 General Assembly divided the department once 
again. On June 1, 1997, health functions were transferred to the Department of 
Human Resources — which changed its name, as well. 

The Department of Environment and Natural Resources was 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 battle daily with "headline" problems — pfiesteria 
and hog waste spills. Pfiesteria was isolated as a dangerous hsh-related organism 
suspected to have caused massive hsh kills in the summers of 1995, 1996 and 
1997. The slipper)' problem of identifying and controlling non-pomt 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 in the states history. It mandated a moratorium 
on hog farms, gave county government new power to control the swine industry, 
and tightened Umits 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 m the Neuse River watershed by 
30 percent. 

The 20th Centuiy closed with an increased emphasis on preserving open space 
and tackhng air pollution m North Carolina. The state passed new rules requiring 
power plants and other industries to reduce their emissions of ozone-formmg 
pollutants by more than two-thirds between 2000 and 2006. Lawmakers also passed 
legislation that expanded and enhanced the emissions testing program for motor 
vehicles. The new testing program expanded the program from nine counties to 
48. Motor vehicles account for about half of the states nitrogen oxide (NOx) 
emissions, the mam cause of ozone. A lung irritant, ozone threatens health, especially 
among children, senior citizens and people with respiratory problems. It also 
damages crops and forests and threatens continued economic growth. 

North Carolina Governor Mike Easley later joined the govenors of Tennessee, 
South Carolina and Georgia in signing a set of regional air principles focusing on 
the cooperative effort needed to address air pollution across the Southeast. 

To support land preservation m a time of rapid growth, lormer Governor Jim 
Hunt called for the conservation and preservation of an additional one million 
acres m North Carolina for open space, gamelands and recreation by 2010. The 
General Assembly later enacted legislation putting the million-acre goal into state 
law. The initiative encourages the creation of public-private partnerships to preserve 

342 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

an additional one million acres of farmland, forests, gamelands, wetlands and other 
undeveloped land in North Carolina over the next ten years. In 2002, DENR created 
the Office of Conservation and Community Affairs to lead open-space preservation 
efforts by focusing on three key areas: protecting and restoring natural areas, 
advancing stewardship on private and working lands and protecting and restoring 
sounds and ocean habitats. 

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 3,700 employees. Most of these 
personnel are located in Raleigh, but a significant number must be stationed at 
specific sites throughout North CaroUna to serve the public and protect the states 
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 departments divisions and offices are a chief deputy secretary 
and two assistant secretaries. Functions within the Office of the Secretary include: 

Office of Conservation and Community Affairs: This office oversees department- 
wide initiatives in land and water conservation. It also leads the development and 
implementation of a comprehensive statewide conservation plan Involving 
government agencies, private organizations, landovvmers and the public. 

Office 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. 

Office of Legislative and Inter- Governmental Affairs: This office is the 
Idepartment's liaison with the North Carolina General Assembly and local 
j 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 
IJthe departments field representatives. The office works closely with each division 
I 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 
office also informs the public and media about the departments programs and 
available services. 



343 



NORTH CAROLINA MANUAL 2001-2002 

Regional Offices: Se\en straiegically located regional offices sewe as home base 
for staff members from several divisions of the department, particularly those with 
regulatory authority. The regional offices allovv' the department to deliver its program 
services to citizens at the community level. Regional offices are in Asheville, 
Fayette\ille, Mooresville, Raleigh, Washington, Wilmington and Winston-Salem. 

Environmental Divisions 

Air Quality Division: Air Quality regulates the quality of the air m 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 canying 
out the provisions of the N.C. Coastal Area Management Act. It processes major 
development permits m coastal areas, reviews all dredge and hll permit applications 
and administers state and federal grants and projects that are part of the N.C. Coastal 
Management Program. 

Environmental Health Division: Environmental Health is responsible for the 
protection of public health through the control of environmental hazards that cause 
human illness. Its programs include the protection of drmkmg water, wastewater I 
management, restaurant sanitation grading, shellfish sanitation, pest management, i 
radiation protection and lead poisoning. 

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 consen-ation 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. 

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, Underground Storage Tanks and 
the Super fund. 

Water Quality Division: Water Quality is responsible for the comprehensive ' 
planning and management of the states surface water and groundwater resources. 
This division issues permits to control sources ot pollution; monitors permitted 
facility compliance; evaluates water quality; and pursues enforcement actions for 
violations of state water resource protection regulations. 



344 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^attr Resources Division: Water Resources conducts programs for river basin 
management, water supply, water conservation, navigation, stream clearance, flood 
control, beach protection, aquatic weed control, hydroelectric power and recreational 
uses of water. 

Natural Resources Divisions 

Forest Resources Division: Forest Resources is the lead agency m managing, 
protecting and developing the states 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 scientihc 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. 

N.C. Museum of Natural Science: The museum promotes the importance of 
the biodiversity of the state and the Southeastern United States by collecting, 
preserving and displaying North Carolina's natural resources. It offers educational 
exhibits and programs for children, teachers, adults and families to preserv^e North 
Carolina's natural history. 

Office of Environmental Education: Environmental Education serves as a 
clearinghouse for environmental education information at the state level. The office 
coordinates department environmental education programs and activities and works 
with pubHc schools and libraries to educate the public about environmental issues. 

Parks and Recreation Division: Parks and Recreation administers a statewide 
system of park and recreation resources. It manages state parks, state natural areas, 
state recreation areas, state trails, state lakes and natural and scenic rivers. 

Soil and Water Conservation: Soil and Water Conservation administers a 
statewide program for the conservation of North CaroHna's soil and water resources. 
It serves as staff for the state's Soil and Water Conservation Commission and assists 
the 94 local soil and water conservation districts and their state association. 

Zoological Park: 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. 



345 



NORTH CAROLINA MANUAL 2001-2002 

Wildlife Resources Commission 

The commission is a scmi-aulonomous agency ihai manages and protects wildlife 
in the state. The commission conducts restoration programs for endangered species 
ot wildhfe and restocks game fish in 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 
states school-age children. A force of wildlife officers patrols the states waters and 
the commission issues permits to fish in the states 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 

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 ' 



346 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 departments Web site at 
www.enr.state.nc.us. 



347 



NORTH CAROLINA MANUAL 2001-2002 

William G.Ross, Jr. 

Secretary of Environment and Natural Resources 

Early Years 

Born June 8, 1947, in Marion, McDowell 
County, lo William G. and Mary Ayer Ross. 

Educational Background 

Broughton High School, Raleigh, 1965; B.A. 
in History, Davidson College, 1969; J.D., 
University ol Virginia Law School, 1972. 

Professional Background 

Attorney; Partner, Brooks, Pierce, McLandon, 
Mumphrey & Leonard. 

Political Activities 

Secretary ot Environment and Natural 
Resources, 2001 -Present. 

Business/Professional, Charitahle/Civic or 
Community Service Organizations 

Piedmont Land Conservancy, 1995-2000; 
Board of Trustees, N.C. Environmental 
Defense, 1997-2000; Board of Trustees, Nature 
Conservancy, 1998-2000. 

Elective and Appointed Boards and Commissions 

Guilford County Parks & Recreation Committee, 1988-2000. 

Military Service 

First Lieutenant, Infantry, U.S. Army, 1972-75. Distinguished Military Graduate, 
Infantiy Ofhcer Basic Course, Fort Bennmg, Georgia. 

Personal Information 

Married, Susan E. Gravely; Two children. Member, Chapel of the Cross Episcopal, 
Chapel Hill. 




348 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH 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 


WilUam W Cobey, Jr.^^ 


Rowan 


1989-1993 


Jonathan B. Howes 


Orange 


1993-1997 


Wayne McDevitt^^ 


Madison 


1997-1999 


Bill Holman^^ 


Wake 


1999-2000 


William G. Ross, Jr. 


Guilford 


2001 -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 m the 1989 General Assembly. 

^ Sowers was appointed by Governor Scott and served until his resignation effective 
November 30, 1971. 

^ Bradshaw was appointed by Governor Scott and served until his resignation in 
1973. 

'^ Harrington was appointed on January 5, 1973, by Governor Holshouser to replace 
Bradshaw. He resigned effective February 29, 1976. 

^ Little was appointed on March 1, 1976, by Governor Holshouser to replace 
Harrington. 

^ Lee was appointed on January 10, 1977, by Governor Hunt to replace Little. He 
resigned effective July 31, 1981. 

« 

'' Grimsley was appomted on August 1, 1981, to replace Lee. He resigned effective 
December 31, 1983. 

j ^ Summers was appointed on January 1, 1984, by Governor Hunt. He resigned 
effective January 5, 1985. 

^ Rhodes was appointed January 7, 1985, by Governor Martin to replace Grimsley. 

^° Cobey was appointed by Governor Martin in January, 1989. 

349 



NORTH CAROLINA MANUAL 2001-2002 



" McDevitt was appointed by Governor Hunt in August, 1997. 
'^ Holman was appointed by Governor JHunt in September, 1999. 



350 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Health and Human Services 

The N.C. Department of Health and Human Services (DHHS) builds a stronger 
North Carolina by enabling individuals, families and communities to be healthy 
and secure and to achieve social and economic well-being. The department's 
programs and services affect the lives of all North Carolinians. 

Office of the Secretary 

The Secretary for the Department of Health and Human Services is the 
departments chief executive officer. Appointed by the governor, the secretary holds 
statutory authority to plan and direct its programs and services. The secretary is 
supported by a deputy secretary; an Assistant Secretary for Aging, Long-Term Care 
and Family Services and an Assistant Secretary for Health 

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 office 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 vision 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. 



351 



NORTH CAROLINA MANUAL 2001-2002 

The dix'ision also offers sen-ices that make it possible for blind people to operate 
food sen'ice, 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 m 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 

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. 

Division of Child Development 

The Division of Child Development works to ensure safe and developmentally- 
appropriate child care for young children through licensing, monitoring, 
investigating allegations of abuse and neglect, and regulating child care services 
across the state. 

Also, this division helps low-income and other eligible parents get more 
affordable child care through blended state and federal subsidies. Sufficient 
availability of quality child care is a top priority in a state where over 200,000 
children spend part or all of their day m regulated child care. 

This division is responsible for coordinating the training of personnel who 
work in early childhood programs and for providing mtormation about early 
childhood issues to parents and the general public. The division works hand-m- 
hand with communities to establish resource and referral agencies that help tamilies 
gain access to the child care services they need. 

The division develops policy and manages funds for a variety of projects which i 
enable local and regional agencies to provide training opportunities and public 
information. Some of these projects include child care resources and referral ser\aces, 
consumer education and scholarships and stipends for child care teachers. 

Division of Education Services 

The mission of DEs is to provide state-level leadership and policy tor the 
Governor Morehead School for the Blind, Raleigh; the Eastern School for the Deaf, 
Wilson; and the Western School for the Deaf, Morganton. 



352 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Division of Facility Services 

This division inspects, certifies, registers and licenses hospitals, nursing homes, 
mental health faciUties, adult care homes and home care programs and other health 
facilities and services across the state. It also develops an annual state medical facihties 
plan and administers the Certificate of Need Program to allocate facilities and services 
to meet the needs identihed within it. 

The division reviews health care facility designs and construction for safety and 
other concerns. It also administers the Health Care Facihties Finance Act, which 
authorizes the state Medical Care Commission to issue tax-exempt revenue bonds 
to nonprofit health care facihties. 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 division's 
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, pohcy analysis, employee and management development, human 
resource information systems, employee relations and human resource business 

services. 

Division of Information Resource Management 

This division supports DHHS's business and client record-keeping needs using 
some of the most sophisticated computer systems in state government. This division 
also provides technical services to the department and its related agencies. The 
division serves the department with policy research and leadership by finding efficient 
ways to meet needs for automated systems as they are coordinated among local, 
state and federal agencies. 

Division of Medical Assistance 

This division administers the State's Medicaid program. People eligible to receive 
Medicaid include the elderly, blind and disabled, as well as children and caregivers. 
Pregnant women whose income and assets are inadequate to meet the cost of health 
care are also eUgible. 



353 



NORTH CAROLINA MANUAL 2001-2002 

Medicaid, jointly administered and financed by federal, state and county 
governments, pays for a comprehensive array of services including doctor visits, 
hospital stays, prescription drugs, eye care, dental care, nursing home and in-home 
services. County departments of social services determine eligibility. This division 
also administers N.C. Health Choice for Children, a low-cost/no-cost program for 
children in lower income families that earn too much to qualify for Medicaid. 

Division of Mental Health, Dexelopmaital Disabilities and Substance 
Abuse Services 

North Carolinians aflected by mental illness, drug or alcohol addiction or a 
developmental disability can receive assistance and support trom the Division of 
Mental Health, Developmental DisabiHties and Substance Abuse Services. 

This division operates regional psychiatric hospitals for those who need in- 
patient psychiatric senices. The department works with the statewide network ot 
mental health programs m communities across the state. 

The divisions 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. Regional mental retardation centers 
provide a wide range of services to people with severe and profound mental 
retardation and other related disabiUties. 

For individuals challenged by the physical and mental effects of alcohol and 
other substances the division pro\ades 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 serMces available to people through area mental health 
centers m 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 institutionalization. Services include local crisis services, partial 
hospitalization, detoxification services, residential treatment group homes, halfway 
house, \'ocational workshops, family respite, educational programs and other services ^ 
needed by those with mental, developmental and addictive disabilities. 



354 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

DMsion of Public Health 

The Division of Public Health covers a wide range of programs and semces, all 
aimed toward protecting and improving the health of people who live and work in 
North Carolina. 

The Epidemiology Section investigates and evaluates potentially hazardous 
environmental situations. It enforces control measures for communicable diseases 
and certain hazardous substances such as asbestos and lead. 

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 statewide public service 
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 PubUc 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 provides preventive dental and educational services to 
the citizens of North Carolina. Its services include oral health screening and referral; 
fluoride 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 Office of Minority Health works to improve the health status of racial and 
ethnic minorities by advocating policies, programs and services that increase access 
to public health. OMH works with state and federal health agencies, local health 
departments, community organizations and other public and private organizations. 
The office provides partnership development, consultation, technical assistance, 
training and information dissemination. OMH also facilitates access to health care 
for 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 of Public Health Nursing and Professional Development is part of the Local 

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NORTH CAROLINA MANUAL 2001-2002 

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 controlA)udgetary 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 includes the Women's Health, Children and Youth, 
Immunization and Nutriiion Senaces sections. The sections' primaiy 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 senices 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 ot regional resource centers for 
the deaf and hard of hearing strategically located throughout the state. 

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 j 
and interpreter sen'ices. 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. 

This division is responsible for the management of the Telecommunications 
Devices for the Deaf (TDD) special equipment distribution program to eligible 
hearing and speech-impaired persons ages 7 and older. Equipment includes TTY 
communication units that allow deaf and speech-disabled persons to communicate 
over the telephone with others who have similar units, telephone ring signal units 
and special telephone amplifiers for hard of hearing persons. | 

The division conducts a community and educational interpreter assessment 
and certification program to evaluate the competencies of interpreters so they may 
assist persons who are deaf and heard of hearing m a wide range of situations. 

The Division of Ser\'ices for the Deaf and the Hard of Hearing provides stafl 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 



356 






THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

of Health and Human Senices and the division for improvements of such programs 
and the need for new programs or ser\ices. 

Division of Social Services 

This division assists individuals and families with immediate economic and 
social support. Its principal mission is to strengthen families, protect the welfare of 
children and the elderly and help individuals in need move toward self-sufficiency. 

This division administers the Temporary Assistance for Needy Families (TANF) 
program. TANF includes the Work First Family Assistance, Work First Diversion 
Assistance, Emergency Assistance and Work First Services programs. Other programs 
administered by the division include food stamps, low-income energy assistance, 
crisis intervention and state-county special assistance. 

This division offers child support enforcement that ensures children receive 
financial support from absent parents. It also provides foster care services that place 
children m private homes, group homes and other designated living arrangements, 
as well as adoption services that place children with permanent caring families. The 
Division of Social Ser\ices pro\ades protective services that identify youngsters who 
are at risk of abuse or neglect and provides help to assure them safety. 

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 disabihties. 

Division counselors also work extensively with clients to identify skills and 
abilities m order to determine how they can be translated into satisfactory and 
rewarding work. Counselors design packages of rehabiUtation 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 (SSDl), the Supplemental Security 
Income (SSI) and other programs. 

Council on Developmental Disabilities 

The council is a planning body working to ensure that the state of North Carolina 
responds to the needs of individuals with developmental disabilities — severe, 
chronic mental or physical impairments which begin at an early age and substantially 
limit major life activities. The council promotes the prevention of developmental 



357 



NORTH CAROLINA MANUAL 2001-2002 

disabilities; ideniifies the special needs of people wiih developmental disabilities; 
and helps meet those needs through interagency coordination, legislative action, 
j^uhlic awareness and adx'ocacy. 

Office of Citizen Services 

This office guides citizens through the human service delivery system. The 
office provides one-stop shopping m the Department of fiealth and Human Services 
by answering questions, cutting through red tape and serving as a clearinghouse 
for information on human serx'ices available to North Carolina citizens. 

The Office of Citizen Sendees 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/ 
CARELINE. 

The ombudsman is the liaison between citizens and the department and handles 
problems, complaints and inquiries related to the ser\'ices provided through DHHS. 

CARELINE, an information and referral ser\ice, provides callers with information 
on and referrals to human service agencies withm government, as well as non- 
profit agencies and support groups. 

Office of Public Affairs 

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 serves as the departments liaison with the news media. It produces 
and disseminates public information through news releases and public service 
announcements. It also provides assistance m planning, editing and producing 
both external and internal communications such as newsletters, brochures, logos 
and special documents. 

Office of Controller 

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 ol 
financial audits. 

Office of Government Relations 

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 



358 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Other local governmental bodies. The office assists the secretary in developing and 
implementing key legislative and policy initiatives. 

Office of General Counsel 

This office provides legal advice to the secretary and serves as the liaison between 
the secretary and the Attorney Generals Ofhce. It monitors the defense of all lawsuits 
filed against the department, the secretary, and department employees acting in their 
official capacity. 

The ofhce is also responsible for review of Administrative Procedures Act rules 
and monitoring their implementation. It participates in poUcy-making decisions as 
well as in the drafting and review of proposed legislation. 

Office of Research, Demonstration and Rural Health Development 

The principal mission of the Office of Research, Demonstration and Rural Health 
Development is to strengthen and reinforce health services in rural areas by recruiting 
physicians and other health professionals to work in medically-underserved 
communities. The office helps communities attract and recruit health care providers 
through the National Health Services Corps. 

The Office of Research, Demonstration and Rural Health Development also 
supports rural hospitals with technical assistance and consultative services. Since 
its founding in 1973, this office has helped organize 60 community-based rural 
health centers and has recruited more than 1,200 doctors and other health care 
providers. 

North Carolina was the first state 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 

Cancer Coordinating and Control Advisory Committee 

Child Day Care Commission 

Commission on Anatomy 

Commission for the Blind 

Commission on Children with Special Health Care Needs 

Commission for Mental Health, Developmental Disabilities and 
Substance Abuse Services 

Community of Butner Planning Commission 

Consumer and Advocacy Advisory Committee for the Blind 

Council on Sickle Cell Syndrome 

Developmental Disabilities Council 

359 



NORTH CAROLINA MANUAL 2001-2002 

Drug Use Review Board 

Emergency Medical Services Advisor)' Council 

Home and Community Care Advisory Committee 

Independent Living Rehabilitation Advisory Committee 

Interagency Coordinating Council for the Handicapped 

Interagency Coordinating Council for the Homeless 

Medical Care Advisory Committee 

Medical Care Commission 

Mental Health Planning Council 

N.C. Commission for Health Services 

N.C. Council for the Deaf and Hard of Hearing 

N.C. Minority Health Advisory Council 

Social Services Commission 

State Health Coordinating Council 

Vocational Rehabilitation Council 

For more information about the N.C. Department of Health and Human Senices, 
call (919) 733-4534 or visit the departments Web site at www. dhhs .state . nc . us . 
For information on referrals, call CARELINF at (800) 662-7030. 



Carmen Hooker Odom 

Secretary of Health and Human Services 



Early Years 

Born m New Brunswick County to Joseph and 
Carmen Ingersoll DeFrates. 

Educational Background 

Lower Merlon High School, Ardmore, Pa., 1962; 
Bachelors m Sociology and Political Science, 
Springfield College, 1966; Masters in Regional 
Planning, University of Massachusetts at Amherst, 
1984. 

Professional Background 

Secretary, N.C. Department ol Health and Human 
SerMces, 2001 -Present 




360 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Political Activities 

Member, Massachusetts House of Representatives, 1984-95. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Board of Directors, Millbank Memorial Fund; North Carolina Institute of Medicine; 
Board, Roanoke Island Historical Association. 

Personal Information 

Married, Fountam Odom. Six children. Eight grandchildren. Protestant. 

Secretaries of Health and Human Services^ 

Term 

1972-1973 

1973-1976 

1976-1977 

1977-1985 

1985 

1985-1987 

1987 

1987-1993 

1993-1997 

1997-2000 

2001 -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 Martins 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. 



Name 


Residence 


Lenox D. Baker- 


Durham 


David T. Flaherty"* 


Wake 


Phillip J. Kirk, Jr.^ 


Rowan 


Sarah T. Morrow^ 


Guilford 


Lucy H. Bode^ 


Wake 


Phillip J. Kirk, Jr.^ 


Rowan 


Paul Kayye^ 


Wake 


David T. Flaherty'^ 


Wake 


C. Robin Britt, Sr. 


Guilford 


H. David Bruton 


Moore 


Carmen Hooker Odom 


Wake 



361 



NORTH CAROLINA MANUAL 2001-2002 

Department of Revenue 

The North Carolina Dcparlmenl of Revenue administers the state tax laws and 
collects taxes due the state in an impartial, uniform and efhcient manner. The 
department also accounts tor the state's tax lunds; ensures uniformity of the 
administration ot the revenue laws and regulations; conducts research on revenue 
matters; and exercises general and specific supervision over the valuation and taxation 
of property throughout the state. 

The department strives to build an organization of highly-motivated employees 
who work together as a team empowered by leadership and technology and who 
provide quality customer service and increase compliance. The Secretaiy of Revenue, 
who is appointed by the Gox-ernor and serves as a member of the Governors Cabinet, 
leads the agencv 

During the 2000-2001 hscal year, the department processed 9.3 milUon tax 
returns representing $18.3 billion in gross collections. Additionally during this 
same period, the department processed 5.6 million tax payments and made 2.7 
million individual income tax refunds totalling $1.3 billion. 

Before the Department of Revenue was created m 1921, several state and county 
agencies administered North Carolina tax laws. The North Carolina Tax Commission 
assessed the personal property of railroads, public service companies and the 
"corporate excess" of all corporations. It certihed these amounts to counties tor 
local taxes and to the State Auditor for state taxes. 

The State Auditor billed corporations for property and franchise taxes, which 
were paid directly to the State Treasurer. County officials administered the general 
property tax, while the clerks of Superior Court administered the inheritance tax 
under the supervision of the N.C. Tax Commission. 

In 1921, the General Assembly approved a constitutional amendment creating 
a net income tax and eliminated taxation of real property as a source of state revenue. 
That year, the General Assembly created the Department of Revenue to take on the 
administration, enforcement and collection of state taxes, including the new income 
tax. 

The department also took responsibility for the inheritance tax and the franchise 
and corporate tax assessments, which were formerly administered by the Tax 
Commission. In May 1921, the new department employed a staff of 16 and a unit 
was formed m October of that vear to collect the income tax. Bv the end of the 
1921-22 hscal year, the department has grown to 30 employees and operating 
costs totaled $87,125. The department collected just over $3 milUon m income 
and inheritance taxes during that time. 

Without a permanent home, the department operated temporarily from the 
Capitols Senate Chamber, clerks office and committee rooms. The agency relocated 



362 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

while the legislature met in 1923 and 1924. Through the next decade, the departments 
size grew as it was assigned tax collection duties formerly held by other state 
government agencies and the department began assessing and collecting the franchise 
tax and license taxes. 

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. 

In 1925 the Motor Vehicle Bureau, which administered automobile license taxes, 
the gasoline tax and the bus and truck franchise tax, moved from the Department of 
Secretary of State to the Department of Revenue. The collection of taxes on insurance 
companies passed to the department as well. 

Meanwhile, the departments responsibilities continued to grow. The legislature 
enacted a three percent general sales tax and a beverage tax that became effective in 
1933. A new unit was created to administer the sales tax while the license tax unit 
administered the beverage tax. 

Through the 1950s and 1960s, the department continued to expand. New 
divisions were formed to administer corporate and individual income taxes in 1953. 
Soon after, the Franchise and Intangibles Tax Division divided and the new 
Intangibles Tax Division provided administrative staff support to the State Board of 
Assessment until 1967, when the board was assigned a staff. 

Also during this period, the Department of Revenue worked to keep pace with 
technological innovations. 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, address 
letters and compile statistics. The Income Tax Division received similar technology 
in 1949 that allowed the division to create mailing lists of individual income 
taxpayers and track files more efficiently 

The department established the Division of Planning and Processing in 1958 
to monitor and develop new technology. By 1960, the department began using 
automated equipment to process individual income tax returns. The department 
added computerized disk storage to its operations in 1970 and acquired an optical 
character reader capable of scanning hand-coded adjustments on tax forms in 1977. 
The first remote computer terminal was installed in a Revenue Department field 
office in 1984. 



363 



NORTH CAROLINA MANUAL 2001-2002 

As other state agencies moved into the Revenue Building and the number of 
department employees increased, the agency expanded into two annexes in 1948 
and a third m 1969. By 1985, the state acquired the adjacent Brown-Rogers Building 
to house several department ofhces. A long-term solution to the Departments 
increasing need for space came in 1986 when the legislature approved construction 
of a new Revenue Building. In 1992, the department moved to the building it now 
occupies on Wilmington Street. 

The department has continued to seek innovations that offer greater productivity. 
As computer efficiency 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. The new 
system makes it quicker and easier to perform routine functions, such as cross- 
checking files and tax returns and providing information to taxpayers more quickly 

The Department of Revenue continues to use new technology to improve the 
ser\dce it provides North Carolina taxpayers. The department was honored in 1999 
for Its Java-Enabled Tax System (JETS), which allows the agency to manage data not 
included on the integrated tax administration system. JETS eliminates the need for 
employees to enter basic information more than once, thus saving time and increasing 
the departmental efhciency 

Other technological inno\'ations have helped the department make hlmg income 
tax returns faster and easier for North Carolina taxpayers. In 1981, the department 
began offering electronic hlmg for individual taxpayers through the Federal/State 
Electronic Filing Program in conjunction with the Internal Revenue Ser\ace. The 
system allows taxpayers using software approved by the department to hie their 
state and federal returns using a home computer or with assistance from a tax preparer. 
In 2001, more than 1.04 million individual income tax returns were filed 
electronically In 2002, the Governor declared February "Electronic Filing Month" 
to encourage more taxpayers to hie electronically 

The department also uses various methods to deliver important information to 
taxpayers. The "N.C. Tax Talk", prerecorded information line allows taxpayers 
around-the-clock access to information concerning state individual income taxes. 
The departments web site also offers a wide range of information including individual 
and corporate 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. The Data Capture system electronically reads 
state tax forms and stores their images electronically It also allows the department 
to process returns taster than manual data entry systems used previously. 

In 2001, the department launched Project Collect Tax, an initiative to collect 
$150 milhon m past due individual and corporate taxes by 2003. Through this 
effort, the department seeks to collect overdue taxes from taxpayers who have ignored 



364 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

requests for payment and repeated efforts to reach a reasonable agreement. A law 
passed by the General Assembly allows the department to charge delinquent taxpayers 
a fee that will help cover the additional cost of collection. 

As North Carolina witnesses growth in population and becomes more 
economically and culturally diverse, the department focuses its energies and resources 
on several key goals including: increasing collection and improving compliance 
with state tax laws; improving taxpayer services; and training and development for 
employees. As the needs of North Carolina's citizens change, the Department of 
Revenue will continue its efforts to provide taxpayers with the most efficient and 
effective services possible. 

Under the Secretary of Revenue and the Deputy Secretary of Revenue, there are 
three major business areas: Tax Administration, Taxpayer Services and Examination 
and Collection. The department also maintains key administrative and technology 
support areas. The following information lists each work area and provides a brief 
description of each: 

Tax Administration 

Corporate, Excise and Insurance Tax Division: The Corporate, Excise 
and Insurance Tax Division interprets the statutes relating to corporate income and 
franchise tax, provides information to taxpayers and confers with taxpayers on 
disputed issues. Representatives of the division appear in hearings before the Secretary 
of Revenue, the Tax Review Board and in court. 

Property Tax Division: The Property Tax Division administers city and 
county personal property valuation and taxation; offers assistance to local taxing 
authorities; responds to property tax valuation appeals; and staffs the State Property 
Tax Commission. The division manages the distribution of inventory and homestead 
tax revenue to local governments. 

Sales 63: 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 laws 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. 



365 



NORTH CAROLINA MANUAL 2001-2002 

Taxpayer Services 

Taxpayer Assistance Division: The Taxpayer Services Division pro\ides 
taxpayers wiih general assistance in resolving tax problems, understanding tax issues 
and completing tax lorms, and responding to taxpayer inquiries received by the 
department by both telephone and mail. 

Documents and Payments Processing Division: The Documents and 
Payments Processing Division processes taxpayer payments and tax returns 

Examination and Collection 

Examination Division: Conducts audits of individuals, businesses, and 
governmental entities. 

Collection Division: Manages all compliance, enforcement and taxpayer 
education programs throughout the state. 

Motor Fuels Tax Division: Administers the motor fuels, alternative fuels, 
motor carrier and inspection laws of the state. 

Unauthorized Substances Tax Division: Administers the excise tax levied 
on unauthorized substances. 

Information Technology 

Applications Development and Support Division: This division develops 
and maintains the department s computer software applications that support business 
processes. 

Technology Services Division: Technology Services schedules, monitors 
and controls the departments computer systems and networks. 

Database Administration: This division works to ensure the accuracy 
and performance of the departments computer system through database 
administration. 

Production Systems Integration and Coordination Division: This area 
coordinates the Integrated Tax Administration System business tunctions. 

Quality Assurance: Quality Assurance manages the departments quality 
assurance system and disaster recoveiy programs. 

Office of the Secretary 

Administrative Hearings Officer: The Hearings Officer is responsible for 
handling all of the departments formal administrative tax hearings. 

Administrative Services Division: The Administrative Services Division 
provides supplies and equipment for the department. It also prints forms and 
processes incoming and outgoing mail. 



366 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Criminal Investigations: This division investigates and prosecutes taxpayers 
who fraudulently fail to adhere to the states tax laws. 

Financial Services Division: The Financial Services Division maintains 
the departments budget and payroll records and handles all of its fiscal processes 

Internal Audit: This section monitors compliance with departmental polices 
and procedures and reviews and makes recommendation for improving the 
department's overall operating efficiency. 

Planning: Manages the development and maintenance of the department's 
strategic busmess plans and performance measurement system. 

Personnel Division: The Personnel Division provides technical and 
administrative guidance and human resource services to the department and its 
employees. 

Public Information Officer: The Public Affairs Office provides internal 
and external communication. 

Security Office: Develops and maintains an integrated system to protect 
all of the department's resources. 

Training Unit: Coordinates all departmental training for employees 

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 Tax Talk, a pre-recorded information line call (919) 733-4829. 
You can also visit the department's web site at www.dor.state.nc.us. 



367 



NORTH CAROLINA MANUAL 2001-2002 



E. NorrisTolson 

Secretary of Revenue 

Early Years 

Born Tarboro, Edgecombe County, on 
November 18, 1939, lo Thomas Lester and Effie 
Mae Proctor Tolson. 

Educational Background 

South Edgecombe High School, Pinetops, 1958; 
B.S. in Crop Science & Agribusiness, North 
Carolina State University, 1962. 

Professional Background 

Secretary, Department of Revenue, 2001 -Present. 

Political Activities 

Secretary of Transportation, 1998-99; Secretary 
of Commerce, 1997-98; Member, N.C. House 
of Representatives, 1994-97. 

Business/Professional, Charitable/Civic or 
Community Service Organizcitions 

Lions Club; College of Agriculture & Life 
Sciences Society; NCSU Education Fund. 

Elective or Appointed Boards and Commissions 

Biotechnology Board; IRMC; Economic Development Board. 

Military Service 

Second Lt., U.S. Army, 1963-65. 

Personal Information 

Married, Betsy Cobb Tolson. Three children. Three grandchildren. Member, Pinetops 
United Methodist Church. 




Secretaries of Revenue^ 

Name 

Alston D. Watts- 
Rufus A. Doughton^ 
Allen J. Maxwell^ 
Edwm M. GilL 
Eugene G. Shaw^ 
James S. Currie'' 
William A. Johnson''^ 
Lewis Sneed High"^ 
Ivie L. Clayton''^ 



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 



368 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Gilmer Andrew Jones, Jr. >i Wake 1972-1973 

Secretaries of Rexenue^ (continued) 

Name Residence Term 

Mark H. Coble'^ Guilford 1973-1977 

Mark G. Lynchi^ Wake 1977-1985 

Helen Ann Powers^^ Madison 1985-1990 

Betsy Y. Justus^^ Bertie 1990-1993 

Janice H. Faulkner Pitt 1993-1996 

Muriel K. Offerman Duplin 1996-2000 

E.Norris Tolson Edgecombe 2001-Present 

1 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 officers." 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. 

^ Doughton was appointed by Governor Morrison to replace Watts. He was elected 
in the general elections in 1924 and served following re-election m 1928 until 
March, 1929. 

'^ Maxwell was appointed by Governor Gardner to replace Doughton and served 
following subsequent reappointments until June, 1942. 

5 Gill was appointed by Governor Broughton to replace Maxwell and served 
following his reappointment until his resignation effective July 1, 1949. 

^ Shaw was appointed by Governor Scott to replace Gill and ser\'ed follovvdng his 
reappointment until his resignation in 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 served until 
April, 1964, when he was appointed to the Superior Court. 

^ High was appointed by Governor Sanford to replace Johnson and served until 
his resignation in January, 1965. 

Clayton was appointed by Governor Moore to serve as acting commissioner. He 
was later appointed commissioner and served following reappointment by 



369 



10 



NORTH CAROLINA MANUAL 2001-2002 

Governor Scott on July 21, 1969 until his i"esignation effective December 31, 
1971. 

' ' Jones was appointed by Governor Scott to replace Clayton and continued serving 
until Coble took oflice. 

'- Coble was appointed on June 8, 1973, by Governor Holshouser to replace Jones. 

' ' L)Tich was appointed on January 10, 1977, to replace Coble. 

'"* Powers was appointed January 7, 1985, by Governor Martin to replace Lynch. 

'' Justus was appointed May 1, 1990 by Governor Martin to replace Powers. 



370 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Transportation 

The North Carohna Department of Transportation (NCDOT) provides a system 
to transport people and goods effectively, efficiently and safely while rendering the 
highest level of service to the public. 

The State Highway Commission and the Department of Motor Vehicles was 
combined to form the North Carolina Department of Transportation and Highway 
Safety by the Executive Organization Act of 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 
responsibilities, including aviation, ferry service, mass transit and rail, as well as 
highways and motor vehicles, are the responsibiUty 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. 

Diydsion 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 utiUzes 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 in North Carolina may have begun in 1879 with the 
General Assembly's passage of the Mecklenburg Road Law. The statute was intended 
as a general state law, but as worded, applied only to Mecklenburg County It allowed 
the county to build roads with financing from a property tax, and required four 
days labor of all males between the ages of 18 and 45. 

The author of the legislation. Captain S.B. Alexander, saw his bill repealed, 
then re-enacted in 1883, as growing numbers of people acknowledged the need for 



371 



NORTH CAROLINA MANUAL 2001-2002 

bcller roads. By 1895, most of ihe stales progressive counties had established tax- 
based road building plans. 

As the new century ncared, interest in better roads spread horn the mountains 
to the coast. A Good Roads Conference in 1893 attracted more than 100 business 
and government leaders from throughout North Carolina. They organized the North 
Carolina Road Impro\'ement Association and promoted meetings the following 
year in Chapel fiill, Raleigh and Charlotte. Before 1900, most decisions concerning 
transportation were dictated by immediate local needs. Little thought was given to 
long-range transportation goals on a statewide basis. The concept of a statewide 
system existed only in the minds of a few \'isionary 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 vision. These leaders knew that good transportation had a place 
among the states top priorities and labored to make North Carolina's highway system 
one of the best in the country 

In 1913, Governor Locke Craig took office. He led the call for good roads and 
established the State Highway Commission m 1915. Because of his efforts, Governor 
Craig would be the first chief executive to be called "The Good Roads Governor." 
Many other individuals labored for better roads during this crucial period. Three 
whose names would rank high on any "honor roll" of North Carolina transportation 
pioneers were Dr. J. A. Holmes, Colonel Joseph Hyde Pratt and Harriet Morehead 
Berry. Each was associated with the North Carolina Economic and Geological Survey 
— described as the "cutting edge" of the roads movement m this state. Each headed 
the North Carolina Good Roads Association during the two critical decades m 
which that association led the struggle for better roads across North Carolina. 

Holmes was a driving force behind the good roads movement long before the 
development ol organized efforts to promote the cause. He was a prime mover m 
establishing the Good Roads Association and served as its hrst 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, Pratt's most important contribution to North Carolina may have been 
bringing Harriet M. "Hattie" Berry of Chapel Hill into the association of good roads 
advocates. Miss Beriy quickly became an uncompromising force m the campaign. 
She pushed for establishment of a State Highway Commission and, in 1915, helped 
draft legislation designed to establish and maintain a statewide highway system. 
The bill was defeated, but Hattie Berry was not. She mounted a campaign that 



372 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

carried into 89 counties and, m 1919, when the bill was reintroduced. Miss Berr>' 
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 had 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 in a four- 
year period. The aggressive leadership of Governor Cameron Morrison and other 
transportation advocates helped fuel the drive to improve transportation in North 
Carolina, as did public approval of a $50 million bond issue. During the Depression 
years of the early 1930s, however, highway construction ground to a halt. Some 
state leaders began looking to the Highway Fund as a possible source of money to 
meet other public ser\dce 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 
responsibility for public schools, prompted state leaders to use highway funds for 
non-highway purposes. As the economy began to recover later in the decade, the 
General Assembly recognized the damage caused to the roads system by years of 
neglect and allocated $3 million m emergency funds for bridge repair in 1935. 
Later in the session, more comprehensive action was taken to restore the financial 
stability of the road program. For the next five years. North Carolina measured up 
fully to its growing reputation as the "Good Roads State." As state revenues continued 
to rise, stretches of a new highway were constructed. 

The outbreak of World War II again brought a halt to construction. This 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. 



373 



NORTH CAROLINA MANUAL 2001-2002 

Despite the interruption of the war years, North CaroUnas 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 of school buses. The state also ranked second in the number of small, family 
farms. But little cause existed for pride in the condition of school bus routes and 
farm-to-market roads. 

In his campaign for governor m 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 m suggesting a $100 million bond issue. Scott instead 
requested $200 million from the states voters. Despite strong opposition from 
urban leaders, the bond issue was approved. Work began immediately to pave 
thousands ot 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 m 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. i 

The N.C. Board ot Transportation makes final decisions on new projects and i 
priorities each year after local officials 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, the Board of Transportation expanded to 24 members} 



374 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

and during the Holshouser administration, the department moved to formulate 
fundmg for some transportation improvements. 

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. 

f 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 78,000 
i miles, the second-largest state-maintained system in the nation. 

Division of Motor Vehicles 

I The Division of Motor Vehicles (DMV) has more direct contact with citizens 
than any other state agency. This division serves more than 1 . 5 million drivers and 
registers more than six miUion vehicles each year. 

The General Assembly created the State Department of Motor Vehicles in 1941 
I to consolidate services previously provided by the Secretary of State and the 
Department of Revenue. During the reorganization of the executive branch in 1971, 
the Department of Motor Vehicles became a division under the control of what is 
now the Department of Transportation. The Division of Motor Vehicles is comprised 
of six major sections which are expanding rapidly to better serve the needs of North 
Carolinians. 

i The 1980s and early 1990s brought some major changes to the Driver License 
Section. All offices were automated to promote a quick exchange of information 
and services. DMV also established a commercial driver Ucense program, creating 

375 



NORTH CAROLINA MANUAL 2001-2002 

new testing and licensing standards for truckers. Six express drivers license offices 
in various locations throughout the state provide faster sen>'ice for drivers not required 
to take the written or road tests. 

The Vehicle Registration Section has computerized its branch offices, allowing 
agents to update license plates on a central computer, produce receipts by computer 
\ov collection and keep track of plates surrendered by non-insured vehicle owners. 

In 1994, The DN4V Enforcement Section began the Operation Rest Assured 
program to monitor rest areas. This program reminds travelers on North Carolina 
highways that DMV eniorcement ofiicers, along with other law enforcement agencies, 
ha\'e joined in an intense effort to increase patrols and make rest areas safer. The 
E:nforcement Section also headed up a joint effort — Operation Blue Flame — 
between DMV' the Internal Revenue Serxice and the state departments of Revenue 
and Agriculture to stop fuel tax evasion. North Carolina is the first state to undertake 
this type of joint effort. In addition, the Enforcement Section operates a computer 
system that enables the DMV to keep statewide vehicle thett reports. 

The Collision Reports Section is the ofhcial storehouse for state accident reports. 
All law enforcement agencies in North Carolina hie reportable accidents with this 
section. j 

The International Registration Plan Section is responsible for issuing license I 
plates to truckers who travel out-of-state. The section audits mileage and monitor 
truckers for appropriate insurance coverage. 

The School Bus and Trafhc Safety Section was recognized m 1991 as the nations 
most outstanding state agency teaching defensh'e driving. This section trains school 
bus drivers and supplements a passenger satety training program for )'oung students. 

The strong emphasis on safety m the Division of Motor Vehicles' operations 
helps make North Carolmas roads among the safest in the nation. As the number 
oi vehicles and drivers continue to grow, DMV strives to serve the public in a 
courteous, efhcient and professional manner. 

Division ofA^dation 

North Carolina, the birthplace of modern aviation on December 17, 1903, has ' 
kept pace with advancement in that important held through the Division of Aviation. 
On December 17th, 2003, the state will celebrate the 100th anniversary of the Wright | 
Brothers' historic hrst flight. In honor of this achievement and our states rich aviation ' 
heritage, the N.C. Department of Transportations Aviation Division is planning a ; 
statewide celebration called World Flight 2003. North Carolina has nearly 16,000 : 
licensed pilots and 7,697 registered civilian aircraft. In addition, all branches of the ' 
armed semce have aviation facilities in North Carolina. i 

i. 

State government aviation functions Hrst began in 1965 under the direction of | 
the Department of Conservation and Development. In 1973, responsibility for' 



376 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

aviation was transferred to the Department of Transportation. NCDOT's Division of 
A\aation was formally established one year later. 

The Di\ision 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 General Aviation airports under the State Block Grant 
Program. 

The Di\ision of A\iation is now in the process of completing a comprehensive 
revision of its statewide system program. The division is using Department of 
Commerce data in this new approach for the system plan. The purpose of this 
re\ision is to re-evaluate the public-owned and -operated airports statewide and 
provide an action plan for airport development that maximizes limited financial 
resources for system-wide development, concentrates on safety, future needs and 
promotes economic growth while not losing sight of the indivudal airport. The 
division currently provides grants to and works with 74 publicly-owned and - 
operated, 11 of which have commercial service while the remaining 63 are general 
aviation. In addition, there are more than 300 privately-owned airports in the state. 

An integral part of the aviation program is the Aeronautics Council, appointed 
by the governor with one representative from each congressional district plus two 
at-large members. The council serves as North Carolinas advisory board on grants 
and other aviation matters. 

Public Transportation Diydsion 

[ Public transportation is important to the states economy, providing inexpensive, 

' safe and convenient alternatives to driving. It helps build a skilled workforce by 
, providing access to education and ensures the success of public-private partnerships 
j like Smart Start. 

i Public transportation is essential in helping low-income citizens get to work. 

; For senior citizens, people wiih disabilities and others without access to personal 

vehicles, public transportation pro\ades a vital link to the community. Chents of 

I human service agencies and senior citizens centers depend on public transportation 

I to fulfill everyday needs, especially m rural areas. In urban regions, public transport 

is crucial to maintaining quaHty of Ufe and continued economic prosperity. 
Ill 

Public transportation increases the efficiency and capacity of highways, provides 

access to jobs and expands labor markets. Public transportation systems operate in 

all 100 North Carolina counties and 17 cities across the state, transporting more 

than 38 million passengers each year. Choices include van-pooling, rural van and 

urban bus services. In addition, Carolina Trailways and Greyhound Lines offer 

affordable intercity bus service between many towns and cities across the state. 



377 



NORTH CAROLINA MANUAL 2001-2002 

Rail Division 

Railroads were ihe early backbone of North Carolinas transportation system 
and they continue to play a vital role in transporting passengers and freight in the 
states transportation network. NCDOT began working m 1997 to promote, protect 
and improve the slates railroad system. The Rail Division administers a revitalization 
program to maintain senice on light-density branch lines and purchase inactive rail 
corridors to protect them h'om 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 ot five national future high-speed rail 
corridors. Efforts have begun to modernize the corridor through improvements to 
railroad tracks and stations that will allow higher-speed rail traffic and shorter travel 
times between Charlotte, Raleigh and the Northeast. 

Six passenger trains provide daily service to 1 7 North Carolina cities and towns. 
North Carolinas state-owned Piedmont provides daily round-trip service from 
Raleigh to Charlotte. The Carolinian provides daily, round-trip passenger service 
from Charlotte to Raleigh with continuing service to Washington, D.C, and New 
York City. ^ 

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 Di\ision provides, promotes and improves mter-city rail passenger service 

Ferry Division 

The Ferry Division is the second largest state-owned and operated ferry system •' 
in the United States and one oi 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 23 vessels along. 
North Carolinas coast. It also maintains an m-house shipyard at Manns Harbor I 
for all repair work. Each year nearly 2.5 million residents and visitors ride the 
ferries. 

Office of Bicycle and Pedestrian Transportation 

Walking is the most common form ot transportation in North Carolina and 
bicycling remains the fastest-growing mode of transportation. North Carolina has 
an extensive system of more than 3,000 miles of mapped and signed bicycle routes 
designated along lightly-traveled, scenic countiy roads. 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 

378 ' 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

follow. The Department of Transportation added a Pedestrian Program in 1992 in 
response to the Intermodal Surface Transportation Efficiency Act. 

The Offtce 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 in these programs and interest continues to increase as 
citizens desire safer places to walk and bicycle. 

Beautification Program 

The Office of Beautihcation encourages North Carolina citizens to take an active 
role in reducing Utter along the roadways and in their communities. Since the Adopt- 
A-Highway Program began in 1988, more than 12,500 miles of state-maintained 
roads have been adopted by 5,500 volunteer groups and 150,000 participants. 
This active participation makes North Carolina's program one of the largest anti- 
littering efforts of its kind m the nation and saves taxpayers $3 million each year. 
Many groups now recycle the litter they pick up to further help the environment. 
Each year the department sponsors a bi-annual litter drive. 

The Swat-A-Litterbug Program is a popular anti-littering educational effort. It 
gives every citizen the opportunity to be an active participant in keeping our highways 
clean. Citizens report Uttering incidents they observe and educational letters are 
sent to offenders. 

Scenic Byways Program 

NCDOT has designated 45 scenic byways to give visitors and residents the 
opportunity to explore some of North Carolina's finest less-traveled routes. The 
routes encompass North Carolina history, geography and culture, by taking motorists 
along cascading waterfaUs, rich marshlands, sheer cUffs, outdoor dramas, aquariums, 
museums, old batdegrounds and state parks. Varying in length from three to 173 
miles, the designated scenic byways cover more than 1,600 miles of North Carolina 
roadways. 

Work Zone Safety Program 

This program is designed to increase the awareness of potential dangers to 
both motorists and workers in highway work zones. Its central theme is "Stay 
Alert." The program has developed a video specihcally for the trucking industry 
that identifies the hazards of work zones from a trucker's eyes. Division staff 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 



379 



NORTH CAROLINA MANUAL 2001-2002 

I he state, the program seeks to lower the number of accidents m highway work 
zones. 

Boards and Commissions 

North CaroUna Aeronautics Council 

North Carolina Bicycle Committee 
North Carolina Board of Transportation 
North Carolina Rail Advisory Council 

For iurther information about the Department of Transportation, call (919) 
733-2522 or visit the departments Web site at w\^'w.ncdot.org 



380 



i 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



Walter Lyndo Tippett 

Secretary of Transportation 




Early Years 

Born m Emit, Johnston County, on September 
30, 1939 to Bruce and Cenie Whitley Tippett. 

Educational Background 

Graduate, Corinth Holders High School, Zebulon, 
1957; Attended the University of North Carolina 
at Chapel Hill; B.S. in Accounting, Barton College, 
1963. 

Political Activities 

Secretary of Transportation, 2001-Present. 

Business/Professional, Charitahle/Civic or 
Community Service Organizations 

AlCPA; NCCPA; Trustee, Methodist College. 

Elective or Appointed Boards and Commis- 
sions 

Member, N.C. Board of Transportation, 1993-2001; Chair, Fayetteville Chamber 
of Commerce; Member, Fayetteville Public Works Commission. 

Military Service 

Sergeant, U.S. Army 1963-69. 

Honors and Awards 

NCCPA Public Service Award; Fayetteville Realtors Cup. 

Personal Information 

Married, Lou P Tippett. Two children. Member, Haymount United Methodist 
Church. 



Secretaries of Transportation^ 

Name 

Fred M. Mills, Jr.^ 
Bruce A. Lentz^ 
Troy A. Doby^ 
Jacob F Alexander, Jr.'' 
G. Perry Greene, Sr.*" 
Thomas W Bradshaw, Jr.'' 
WiUiam R. Roberson, Jr.*^ 
James E. Harrington'' 
Thomas J. Harrelson^*^ 
R. Samuel Hunt, 111 
Garland Garrett 



Residence 


Term 


Anson 


1971-1973 


Wake 


1973-1974 




1974-1975 


Rowan 


1975-1976 


Watauga 


1976-1977 


Wake 


1977-1981 


Beaufort 


1981-1985 


Wake 


1985-1989 


Brunswick 


1989-1993 


Alamance 


1993-1995 


Wake 


1995-1998 



381 



NORTH CAROLINA MANUAL 2001-2002 

Secretaries of Transportation^ (continued) 

E. NoiTis Tolson Edgecombe 1998-1999 

David T. McCoy" Orange 1999-2000 

Waller L}aido Tippett Cumberland 2001 -Present 

' The Executive Organization Act ol 1971 created the "Department of Transportation 
and Highway Safety" with provision lor 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, following his appointment as Secretary of 
Administration. 

"^ Doby was appointed on July 1, 1974, by Governor Holshouser to replace Lentz. 
He resigned April 25, 1975. 

^ Alexander was appointed on April 25, 1975, by Governor Holshouser to replace 
Doby. He resigned effective April 20, 1976. 

" Greene was appointed on April 20, 1976, by Governor Holshouser to replace 
Alexander. 

^ Bradshaw was appointed on January 10, 1977, by Governor Hunt to replace 
Greene. He resigned effective June 30, 1981. 

''' Roberson was appointed July 1, 1981, to replace Bracishaw. 

"^ 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 ofhce on June 29, 
1999. 



382 



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. Edward Renfrow served from 1993 
to 2000. Current State Controller, Robert L. Powell, assumed office on July 1, 
2000. 

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 vvdthin the NCAS environment. The division estabUshes 
and provides systems control over NCAS to ensure that all financial transactions 
are entered, balanced and reconciled. This division also researches technical 
accounting standards and incorporates these standards into financial reporting on 
the state entity and provides daily, monthly, quarterly and annual reporting on the 
financial 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 Benefit Program and provides 
tax compliance, cost allocation and disbursing services to state agencies. 

Financial Systems Diydsion 

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. 



383 



NORTH CAROLINA MANUAL 2001-2002 

Administrative Division 

This division is responsible for the overall support of ihe Office of the State 
Controller. Services include: Business Services, which represents a broad range of 
accounting functions including accounts payable, accounts receivable, fixed assets, 
budgeting, purchasing, maintenance ot the accounting system, financial reporting, 
switchboard operator/receptionist duties and building security and maintenance; 
Personnel Services, which nicludes recruitment/selection, employee benefits, 
maintenance of personnel records, employee relations and personnel policies and 
procedures; and Internal Audit Services, which performs internal audits on OSC 
operations to determine areas of inefficiency and potential for improvement and 
statewide monitoring of internal controls to ensure compliance with policies, 
procedures and guidelines issued by other regulatory authorities. 

For more miormation about the Ottice of the State Controller, call (919) 981- 
5454 or visit the departments Web site at ww^w.osc. state. nc. us . 



Robert L Powell 

State Controller 




Early Years 

Born m Oxford, Granville County, July 20, 1949, to 
James B. and Mittie Belle Riggan Powell. 

Educational Background 

Graduate, J. h Webb High School, Oxford, 1967; B.S. 
m Business Administration, Atlantic Christian (Barton) 
College, 1971. 

Professional Background 

State Controller. 

Business/Professional, Charitable/Civic or Commu- 
nity Service Organizations 

National Association of State Auditors, Comptrollers 

and Treasurers National Association of Budget Officers; National Association of 

State Comptrollers. 

Boards and Commissions 

Information Resource Management Commission. 

Honors and Awards 

Order of the Long Leaf Pine; 2001 Barry K. Sanders Special Lifetime Achievement 
Award; Past President, National Association of State Budget Officers. 

Personal Information 

Married, Terry Rary Powell; four children; Soapstone United Methodist Church. 



384 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



State Controllers 

Name 

Farris W Womack 
Fred Wesley Talton 
Edward Renfrew 
Robert L. Powell 



Residence 

Wake 

Johnston 

Wake 



Term 

1987-1988 
1988-1993 
1993-2000 
2001 -Present 



385 



NORTH CAROLINA MANUAL 2001-2002 

State Board of Elections 

The framework ot North Carohna's election laws was constructed m 1901, 
revised substantially m 1933 and again in 1967. Along with these changes came 
the important audit trail to ensure voters that elections were virtually free from 
fraud. 

In 1969 the General Assembly adopted full-time offices in the states 100 counties 
tor voter registration and election administration. Then, in 1971, North Carolina 
implemented a uniform municipal election code to guarantee that state voters need 
only register one lime at one place to qualify to vote in an)' election in which they 
were eligible to vole. In 1993, Gary O. Bartlett was appointed Executive Director, 
becoming the third person to serve m that capacity 

In 1994, the North Carolina General Assembly adopted N.C. General Statute 
Article 7Ato comply with the National Voter Registration Act of 1993 (NVRA) and 
the state board successfully initiated mail-in voter registration, a procedure that 
simplified the voter registration process for all North Carolinians. An agency voter 
registration program followed in January, 1995, allowing citizens to register to vote 
when receiving various agency services. The State Board of Elections provides voter 
registration forms to more than 500 designated voter registration sites throughout 
the state. The "No Excuse" Absentee One-Stop voting provision was implemented 
m 2000 and 2002, enabling voters to vote on a date more convenient to them than 
the day of the election, either by mail or at the designated voting location. The 
General Assembly signihcantly changed the process of administration of election 
law, directing the state board to promulgate rules to implement the changes. In 
addition, voting was made easier for military ser\'ice members and their dependents 
abroad. The process uses a combmaiion of facsimile and electronic mail for election 
materials and ballots. 

The General Assembly made the Stale Board of Elections an independent agency 
in 1974. The five members on the State Board of Elections are appointed by the 
governor lor a term of four years. No more than three members of the same political 
party may serve at any time. This requirement makes North Carolina s Board of 
Elections the only such stale elections agency where bipartisan membership is 
mandated by law. 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 is comprised of three functional units: 



386 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Administration 

This unit includes general supervision of 100 county boards of election and 
four municipal boards of election in administering elections and related laws, 
certifying election results, voter outreach, voter registration, absentee voting, 
education/training, investigations/audits and legal matters. 

Campaign Reporting 

This unit includes public education; assistance to candidates, political committee 
treasurers and county/municipal boards of elections and staffs; investigating 
complaints; conducting research and preparing analyses in preparation for the state 
board to hold evidentiary hearings; providing for electronic filing; and conducting 
training. 

Information Systems 

This unit includes implementing and maintaining a State Election Information 
Management System (SEIMS); providing assistance to counties; and providing 
statewide election data to the pubUc. 

In 1995, the State Board of Elections officially created the North Carolina State 
Board of Elections Certification in Elections Program with an appointed Certification 
Board, The program is a means of enhancing election expertise; providing uniformity 
and equal application of laws throughout the state; raising the level of professionalism 
of elections officials and encouraging them to expand their knowledge through 
continuing education by meeting stringent requirements to become certified. Eor 
further instruction, three training videos entitled Nine Steps to a Successful Hearing, 
Maintaining the Public's Trust and Accessible Precincts Mean Accessible Elections. The 
Certification in Elections Program continues to grow and expand by having the 
staff of the State Board of Elections develop on-line courses and with the possibihty 
of branching out to include precinct officials as a certified group. 

The State Board of Elections undertakes various other duties and responsibilities. 
The state board appoints all 100 county boards of election, 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 director of elections who serves as 
the administrative head of the board of elections and guides the election process in 
each county. 

The State Board of Elections 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, including 
procedures for processing protests and complaints resulting either before or after 
an election. Protests are filed with the county board of elections of the county in 
which the protest originates, followed by a public hearing on the complaint and a 

387 



NORTH CAROLINA MANUAL 2001-2002 

decision to either uphold or deny the complaint. Decisions rendered by a county 
board of elections may be appealed lo the State Board of Elections. For good cause, 
the state board may order a new primary, general or special election. 

The State Board of Elections determines the form and content of ballots, 
instruction sheets, abstracts and returns, certificates of elections and other forms 
used m primary and general elections and certihes all voting equipment. The Voting 
Rights Act of f 965 requires election entities to ensure that racial or ethnic minorities 
have equal access and opportunity to participate m elections. With the states 
increasing Latino population, voter registration forms, instructions and other election- 
related documents are now provided in Spanish. 

To improve the states compliance with regard to physical access to polling 
places and standards with regards to voting equipment, an extensive education and 
training effort was put forth by state board staff. The training video developed by 
the staff assists m training precinct ofhcials m providing services to voters with 
special needs. Nearly all 2,810 polling places were evaluated prior to the November, 
2000, election and the results published on the boards web site. The evaluation is 
a necessary component in complying with federal laws such as the Voting Rights 
Act of 1965, the Voting Accessibility for the Elderly and the Handicapped Act and 
the Americans with Disabilities Act of 1990 (ADA). 

In 1999 the first state-developed, statewide election information system CSEIMS) 
was implemented. SEIMS connects all 100 counties through a consolidated system 
and statewide database connected through the statewide area network. This facilitates 
the exchange of electronic information between all the counties. The major tunctions 
of SEIMS are to use the applications for local county processing of day-to-day 
business activities, support for electronic campaign finance reporting and support 
of statewide functions, such as checking voter registration information via the boards 
web site. Integrated into SEIMS are standardized forms relating to voter registration, 
reporting mechanisms and absentee voting that ensures all counties are current on 
laws and regulations relating to the conduct of elections and information provided 
to the public. SEIMS has been instrumental with list maintenance by identifying 
and removing inactive and ineligible voters. 

For more information about the State Board of Elections, call (919) 733-7173 
or visit the boards web site at vav\v. shoe . stat e . nc . us . 



388 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



GaryO. 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. 

Political Activities 

Legislative Assistant to Congressman H. Martin 
Lancaster, 1990-93. 

Business/Professional, Charitahle/Civic or 
Community Service Organizations 

Board Member, Election Center, 1998-Present; Co-Chair, National Task 
Election AccessibiUty, 1999-Present. 




Eorce of 



389 



NORTH CAROLINA MANUAL 2001-2002 

Office of Administrative Hearings 

The Office of Administralive Hearings (OAH) is an independent, quasi-judicial 
agency which 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-150 et sec[. and 
references Article 111, Section 11 and Article IV, Section 3 of the North Carolina 
Constitution as authority for the establishment oi the office. Following the 
constitutional precept of separation of powers, OAH was created to ensure that the 
legislative, executive and judicial functions 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 irom the agency which is 
a party to the contested case hearing. 

OAHs central panel adjudicatory functions are found m Article 3 of 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 
Carolina's state agencies. Article 3 provides the jurisdiction for a broad range ol 
cases arising out of public employment, alcoholic beverage control, environmental 
permitting and penalties, child day care and nursing homes, hospital certificates oi 
need, competitive bidding for state projects and special education in public schools. 

Besides administrative hearings, there are two other major functions of OAH. 
The hrst 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 CaroUna 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 hlmg the adopted rules tor codification. The 
public IS notihed 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 hied for codihcation 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. for claims of political 
discrimination in hiring under G.S. 126-12.4. After investigation and determination 

390 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

of probable cause by the Civil Rights Division, the employee may file a contested 
case in 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. 

The other major function of OAH is found under the provisions of G.S. 7A- 
759 wherein the Office 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 of 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 filed 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 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 ofhce at 
oah.postmaster@ncmail.net. 



391 



NORTH CAROLINA MANUAL 2001-2002 

Office of State Personnel 

North Carolina's slate 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 
indi\idual employees. In 1921, the General Assembly turned salar)^ administration 
over to the governor and the Council of State, resulting m the establishment of a 
"Salary Standardization Board." 

In 1925, the General Assembly established a hve-member Salary and Wage 
Commission. The commission found that m addition to inequitable salaries, there 
was a lack of uniformity among the various state government agencies m ofhce 
hours, leave, holidays and job entrance requirements. The commission set 
classihcations for all positions, grouped positions with similar duties together and 
established minimum and maximum salar)' ranges. Agency heads determined salaries. 
A 1931 law abolished the Salary and Wage Commission and established a 
Department of Personnel within the Ofhce of the Governor to handle classihcation, 
compensation and personnel policies. In 1933, these duties were transferred to the 
Budget Bureau and the Department of Personnel was abolished. From 1933 to 
1949, with no staff to deal exclusively with personnel problems, a great disparity 
m 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 m 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 m February 1976, to provide for a seven-member commission, 
rather than a board. The new commission issued binding corrective orders m 
employee grievance appeals procedures. 



392 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Office of State Personnel (OSP) serves the interest of state employees, manages 
programs established by the governor, the General Assembly and the State Personnel 
Commission and provides specific services to the general public. OSP seeks 
recommendations and input from the Personnel Roundtable, which is made up of 
all agency and university personnel ofhcers. The roundtable meets at least three 
times a year to participate m decisions on the design and implementation of the 
human resources system. 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 its powers under the State Personnel Act (General 
Statute 126). It is the administrative arm of the State Personnel Commission, a 
nine-member group appointed by the Governor. The SPC establishes policies and 
procedures governing personnel programs and employment practices for 
approximately 91,272 employees covered by the State Personnel Act and over 34,200 
local government employees in federal grant-in-aid programs that are subject to the 
federal standards for a merit system of personnel administration. 

The Ofhce of State Personnel's organizational design features a ser\^ce-oriented 
structure. At the core of this structure are five consulting groups, led by Human 
Resources Managing Partners. Each of the five consulting groups is assigned a group 
of agencies and universities and is responsible for providing a variety of human 
resources consulting services to their clients. Human Resources Partners and Human 
Resources Associates are assigned to each consulting group. Human Resources 
Partners assigned to consulting groups function as generalists, providing a variety 
of human resources consulting services to their clients. In addition, some Human 
Resource Partners retain a specialty role and are experts in their specialty field. 
Specialists pro\dde training to other Human Resource Partners and advise on complex 
issues that fall into their specialty area. 

In addition to the five consulting groups, there are six functions staffed to the 
State Personnel Director: Planning and Development, Human Resources Information 
Systems, Human Resources Development, Operations and Support, Human 
Resources Accountability and the directors administrative staff. Within these groups, 
work performed is more internal in nature, involves a program oversight role, is 
largely administrative or involves support to the consulting groups. 

Consulting Groups 

These groups provide consulting services to assigned clients on the 
implementation and management of human resources programs in the following 
areas: classification and compensation, organizational design, policy administration, 
dispute resolution, employee relations (including employee assistance), performance 
management, competency and skill-based pay system development, FLSA, safety 
and health, workers compensation, unemployment insurance, equal opportunity 



393 



NORTH CAROLINA MANUAL 2001-2002 

services, work lite benefits, recognition programs, recruitment and staffing and 
workforce planning. 

The management ol statewide programs is assigned to Program Teams consisting 
of HR Partners and HR Associates from all of the Consulting Groups. Each major 
human resources tunctional area has a program team. 

Operations and Support: Areas of responsibility include purchasing, personnel, 
budget, communications, legislative relations, temporary solutions, duplicating, 
office support, benefits, files and records, work-life programs, employee recognition 
programs, the State Personnel Commission and FLEX program administration. 

Human Resources Information System: Responsibilities include the 
nranagement of a statewide human resources information system, LAN management 
and internal and external information support, as well as new product development. 

Planning and Development: Responsibilities include policy development, 
human resources strategic planning, operational planning and monitoring, legislative 
proposals, special projects, program development, research and internal training 
plans. 

Human Resources Development: Responsibilities include supervisory and 
management training, professional skills training, the Public Manager Program, 
organizational development, performance management, education assistance, 
enterpiise-wide licensing and providing support, input and services for internal 
staff training efforts. 

Human Resources Accountability: Responsibilities include the development 
and implementation of programs to ensure that agencies and universities remain in 
compliance with human resources laws, rules and regulations and that human 
resources programs are delivered eftectively m order to meet organizational needs. 

Thomas H.Wright 

Director 

Early Years 

Born m Southern Pines, Moore County. 

Educational Background 

Jacksonville High School, Jacksonville, 1967; University of North Carolina at 
Wilmington, B.A., Psychology, 1971; M.S., Rehabilitation Counseling, East Carolina 
University, 1975; Certified Public Manager Program (with excellence), 1995; 
American Compensation Association Certification Program, 1999. 

Professional Background 

Director, Office of State Personnel, 2001-Present; Personnel Director, N.C. 
Department of Justice, 1997-2001; Section Chief, Offtce of State Personnel, 1995- 
96; Personnel Analyst, Office of State Personnel, 1978-95; Personnel Analyst, N.C. 



394 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Memorial Hospital, Chapel Hill, 1977-78; Personnel Analyst, Commonwealth of 
Virginia, 1977; Personnel Analyst, Office of State Personnel, 1976-77. 



State Directors of Personnel 






Name 


Residence 


Term 


Henry Hilton 


Wake 


1949-50 


John W McDevitt 


Wake 


1950-61 


Edwin S. Lanier 


Wake 


1962-62 


Walter E. Fuller 


Wake 


1962-63 


John L.. Allen 


Wake 


1964-65 


Claude Caldwell 


Wake 


1965-74 


Al Boyles 


Wake 


1974-76 


Harold H. Webb 


Wake 


1977-85 


Richard Y Lee 


Mecklenburg 


1985-93 


Ronald G. Penny 


Pasquotank 


1993-2000 


Thomas H. Wright 


Wake 


2001 -Present 



395 



NORTH CAROLINA MANUAL 2001-2002 

Department of Juvenile Justice & Delinquency Prevention 

The Department o\ Juvenile Justice and Delinquency Preventions mission is to 
protect the citizens ol North CaroHna from juvenile crime by building innovative 
prevention programming for all at-risk youth; providing sei"vices to develop juvenile 
delinquents into law-abiding citizens; using the Juvenile Crime Prevention Councils 
OCPCs) in each county to galvanize community leaders statewide to reduce juvenile 
crime; and, providing both secure and alternative detention options for delinquent! 
undisciplined youth committed to the states care. 

In 1998, the luvenile Justice Reform Act paved the way for the formation of the 
Department of Juvenile Justice and Delinquency Prevention. In order to coordinate 
all state juvenile justice efforts, the reform merged the Division of Youth Services of 
the Department of Health and Human Semces and the Juvenile Senices Division of 
the Administrative Ofhce of the Courts into the Ofhce of Juvenile Justice (OJJ), 
housed in the office of the Governor. In 2000, the Department of Juvenile Justice 
and Delinquency Prevention (DJJDP) was created by elevating the former Office of 
Juvenile Justice to cabinet-level status. George L. Sweat, Director of OJJ, was named 
Secretaiy of the new department on July 20,2000, and was sworn into office on 
September 19, 2000, during the Hunt Administration. Governor Michael P Easley 
reappointed Sweat as Secretary when he came into office m January, 2001. In the 
fall of 2001, the Secretary and his management team traveled throughout North 
Carolina to listen to local community members' thoughts and ideas on Juvenile 
Justice and Delinquency Prevention. The feedback from those regional forums helped 
develop DJJDPs seven top priorities consisting of public safety, early prevention, 
local leadership of JCPCs, shifting resources to build system capacity locally, 
collaboration and communication, data-based decision making and career 
development. Together, these elements form a common vision, which map the 
tuture of Juvenile Justice and Delinquency Prevention m the State of North Carolina. 

Office of the Deputy Seaetary 

The Deputy Secretary's Office operates as the support arm of the juvenile justice 
system. This Division assists all DJJDP employees in their efforts to ser\'e youth by 
accounting for all fiscal activities, remaining responsive to their inquiries, relaying 
them to external resources, maximizing internal resources, and directing funds in 
conjunction with the Departmental mission and goals. The Office of the Deputy 
Secretary includes Operational Services (Budget, Fiscal, Office ot the Controller, 
and Facility Ser\'ices) and Information Services (Application Development, Technical 
Sendees, Data Administration, and Grants). 



396 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Administration 

The Administration Division oversees tlie daily operations within the department, 
and contains the following offices: Legislative Affairs, Communications, Policy, 
Internal Audit and investigations as well as Program Development. This division 
works with the General Assembly; answers legislative questions; manages the 
departments web site and public relations efforts; responds to inquiries; creates, 
implements and manages policy; and conducts internal audits and investigations. 
The Program Development Office is intended to expand the departments commitment 
to the overall habilitation of the youth in our care by offering stronger opportunities 
that will promote spiritual growth. Another intent of this effort will be to engage 
the faith community throughout the state to be in support of the young men and 
women who are involved in the juvenile justice system. The goal for the Faith- 
Based Initiative is to ensure that opportunities for spiritual growth are available to 
all youth within the DJJDP system of care, including after-care, and that all personnel 
model for them the caring adult role model so often missing in their lives. By the 
end of 2002 a comprehensive plan for promoting the Faith-Based Initiative will be 
well under way. 

Human Resources 

The Division of Human Resources provides administrative support in recruitment 
and selection, health and safety, performance management, employee relations, 
position management, staff development and benefits. There are a total of 1,893 
full- and part-time permanent employees employed in the department. Of that total, 
924 (49%) are white and 969 (51%) are non-white, and there are 888 (47%) females 
and 1005 (53%) males. 

Center for the Prevention of School Violence 

The Center for Prevention of School Violence (CPSV) serves as a resource center 
and "think tank," offering knowledge and expertise in the areas of prevention and 
positive youth development with the intent of assisting efforts that are directed at 
guiding all of North Carolina's youth toward becoming productive members of 
their schools and communities. The centers goals reflect DJJDPs priorities. The 
centers efforts guard public safety by promoting safer schools; encourage early 
prevention by reaching youth earlier on the continuum of violent behaviors; 
emphasize the importance of local leadership within Juvenile Crime Prevention 
Councils by providing valuable research and expertise; extend communication and 
collaboration by faciUtating ties with youth service providers across the state, thus 
ensuring efficient response to legislative mandates and other needs. 



397 



NORTH CAROLINA MANUAL 2001-2002 

Inter\ention/Pre\ention 

The Intervenlion/Prevention Division oversees North Carohnas Juvenile 
CrimePrevenlion Councils (JCPCs), Court Services and Community hiitiatives, 
which provide special programs including Governors One on One (on 1), Eckerd 
Youth Camps, Support Our Students (SOS), Teen Court, and Multipurpose Juvenile 
Homes. Through Court Services, 1/P ensures that delinquent and undisciplined 
youth receive appropriate treatment and intervention. The goal is simple: to protect 
the community against youth violence and to hnd youth the help they need to 
mature into healthy adults. Inten-ention/Prevention, through the Area Administrators, 
Area Consultants and court counseling staff, provides training and technical 
assistance to counties and the JCPCs in conducting the annual planning process. 
Assisted by trainers from the Jordan Institute for Families, the area offices provide 
regional training sessions in risk and resource assessment, m setting priorities, m 
establishing outcomes and m implementing promising approaches. 

Juvenile Crime Prevention Councils 

The 1998 Juvenile Justice Reform Act established county Juvenile Crime 
Prevention Councils (JCPC) to organize and facilitate a local system to protect 
communities against youth violence and to assess needs of juveniles and to develop 
means of meeting those needs. The councils were also charged to ensure that 
appropriate intermediate dispositional options are available; to increase public 
awareness of the causes of delinquency and strategies to reduce the problem; assess 
needs of juveniles in the local community; develop strategies for delinquency 
prevention through use of risk assessment; assess resources to meet the identified 
needs; pro\ide funds lor treatment of juveniles; develop or propose ways to meet 
those needs; plan for a permanent funding stream for delinquency prevention 
programs; and evaluate program performance. By June 30, 1999, six months after 
enactment of the authorizing legislation, 100 local JCPCs were certihed and 
operating, complete with required membership appointments, bylaws, operating 
and planning procedures and established internal and external communication 
procedures. North Carolina county commissioners, responsible for making the 
appointments to the councils, appointed 2,136 community members to serve on 
the 100 JCPCs for hscal year 2001-2002. 

Youth Development Division 

The Division of Youth Development operates North Carohnas five youth 
development centers, ten state-operated juvenile detention centers, a juvenile 
transportation program and two therapeutic wilderness camps. The residential 
programs provide treatment, education and other sen-ices to youth committed to 
DJJDPs supervision and care. In order to meet the special needs of committed 
youth, youth development centers provide a variety of services. In addition to 
contracting psychiatric services, each facility has psychologists and social workers 

398 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



on staff to address mental health needs of the juveniles. Specialized treatment 
programs are available for juveniles who are violent offenders, sex offenders, and 
substance abusers. All YDCs maintam contracts with physicians, nurses, and dentists 
to provide needed medical treatment. While incarcerated, all juveniles in youth 
development centers attend school programs, which provide instruction in the NC 
Standard Course of Study and GED preparation. DJJDP operates two wilderness 
camps, which provide alternative therapeutic residential programs for troubled youth. 
Camp Woodson is a short-term program that uses outdoor, adventure-based learning 
activities to build self-esteem, decision-making capabilities and positive attitudes 
for juveniles. Red Wolf Youth Center is being developed utilizing a closed prison 
G-PAC unit m Washington County for its base camp. This program will serve 
court-involved juveniles from eastern North Carolina with outdoor challenges 
involving the natural environment of coastal North Carolina. 

George Sweat 

Secretary of Juvenile Justice and Delinquency Prevention 

Early Years 

Born m Winston-Salem, Forsyth 
County. 

Educational Background 

BS/BA in Business Administration, 
East Carolina University; Honor 
Graduate, Administrative Officers' 
Course, Southern Police Institute, 
University of Kentucky at 
Louisville,, 1986. 

Professional Background 

Secretary of Juvenile Justice and 
Delinquency Prevention, 1999- 
Present; Chief of Police, Winston- 
Salem Police Department, 1987-99; 
Assistant Chief, Winston-Salem 
Police Department, 1986-87. 

Boards and Commissions 

Member, Governors Crime 

Commission; Member, Commission on Juvenile Crime and Justice. 

Personal Information 

Married, Lenna Sweat. Three children; two grandchildren. 




399 



The State Legislature 

The General Assembly is the oldest governmental body in North Carolina. 
According to tradition, a "legislative assembly of free holders" met for the first time 
around 1666. No documentary proof, however, exists proving that this assembly 
actually met. Provisions for a representative assembly in Proprietary North Carolina 
can be traced to the Concessions and Agreements, adopted in 1665, which called 
for an unicameral body composed of the governor, his 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 
own representatives. Edenton was the first town granted this privilege, followed by 
Bath, New Bern, Wilmington, Brunswick, Halifax, Campbellton (Fayetteville), 
Salisbur}; Hillsborough and Tarborough. Around 1735 Albemarle and Bath Counties 
were dissolved and the precincts became counties. 

The unicameral legislature continued until around 1697, when a bicameral 
form was adopted. The governor, or chief executive at the time, and his council 
constituted the upper house. The lower house, the House of Burgesses, was 
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 
offtcers. It could, however, meet only when called into session by the governor and 
only at a location designated by him. Because the lower house held the power of 
the purse and paying the governor's salary, regular meetings of the legislature were 
held at least once during a two-year period (a biennium), and usually more often. 
Throughout the colonial period, the House of Burgess' control over the colony's 
finances fueled controversy between the governor and the lower house. The house 
wielded its financial control effectively throughout this period, continually increasing 
its influence and prestige. 

This power struggle between the governor and his council on one hand and the 
colonial legislature on the other, had a profound effect on the structure of the new 
government created by North Carolina's first state constitution, adopted in 1776. 
The General Assembly became the primary organ of government with control over 



THE STATE LEGISLATURE 



NORTH CAROLINA MANUAL 2001-2002 

all other areas of government. 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 ofhcials. On many occasions, 
the elections for administratix'e 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 hrst break from this unwieldy procedure came m 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 go\'ernor w^ould 
henceforth be elected by the people for a two-year term. Another 33 years — and a 
de\'astating civil war and militar)' 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 in the constitution. 
This scheme continued until 1835, when voters approved several constitutional 
changes to the legislative branch. Membership m the Senate was set at 50 with 
senators elected from districts. The state was di\ided into districts with the number 
of senators based on the population of each individual district. The membership of 
the House oi 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 in each house 
would be adjusted based on the federal census taken every ten years. The General 
Assembly retained the power to adjust districts and representation. 

In 1868, a new constitution was adopted, leading to more changes m 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 c[ualihcation lor holding office, opening 
up opportunities for less wealthy North Carolinians to ser\'e. The Ofhce of Lieutenant 
Governor re-appeared for the first time since 1776. The lieutenant governor, elected 
by the people, would now serve as president ot the Senate. He would also take 
office as governor it the incumbent go\'ernor could not continue m office for any 
reason. The N.C. Senate members could also elect a president pro tempore from 
among their ranks. The president pro-tem chaired the Senate sessions in the absence 
of Its president. 



402 



THE STATE LEGISLATURE CHAPTER FIVE 

In 1966, the House of Representatives adopted district representation similar 
to the Senates arrangement. Ahhough the total number of representatives stayed at 
120, every county was no longer guaranteed a representative. Instead, the requirement 
to maintain a rough equality of population size between districts resulted in counties 
with lower populations losing their resident representative. The switch to a district 
format left nearly one-third of the state's counties with no resident legislator. 

Prior to Raleigh's designation as North Carolina's permanent capital in 1792, 
the seat of government moved from town to town with each new General Assembly, 
a pattern established during the colonial period. Halifax, Hillsborough, Fayetteville, 
New Bern, Smithheld and Tarborough all served as the seat of government between 
1776 and 1794. 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 m 1796, served as the General 
Assembly's home until a hre gutted it in 1831. The legislature approved a new 
capitol buildmg and construction on the current capitol was complete in 1840. 
The first session to convene in the capitol opened on November 16, 1840. 
Construction of the current legislative building started in early 1961. The first 
session held in the new building convened on February 6, 1963. 

The organizational structure of state government established by the Constitution 
of 1868 remained basically unchanged with the adoption of the state's third 
constitution in 1971. As one of the three branches of government established by 
the constitution, the legislative branch is equal with, but 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 activities." 
These mandates give the General Assembly the power to make new laws and amend 
or repeal existing laws on a broad range of issues that have statewide as well as local 
impact. The legislature also dehnes criminal law in North Carolina. 



403 



NORTH CAROLINA MANUAL 2001-2002 

Legislators in both the N.C. Senate and House of Representatives stand for 
election every two years in even-numbered years. Members of both houses are 
drawn from districts established by law. Qualifications for election differ slightly 
for each house. For election to either house, a person must reside in the district he 
or she wants to represent for at least one year prior to the election. Candidates must 
be registered to vote in North Carolina. Senate candidates must be at least 25 years 
old on the date ol 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 hrst day of 
Januar)' following the No\'ember general election as the date legislators officially 
lake 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 m 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 ot the lieutenant governor. The speaker of the House 
of Representatives is elected by the representatives from among their membership. 
Other officers m each respective house are elected either by the membership as a 
whole or by the members of each party. 

Much of the General Assembly's legislative work occurs through standing 
committees. Shortly after the start of every legislative session, the leadership m 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 25 standing committees m the Senate and 37 m 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: 



404 



THE STATE LEGISLATURE CHAPTER FIVE 

Administrative Division 

The Administrative Divisions 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, hscal information systems, ofhce 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 conftdentiahty. 

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 alike can request the 
divisions services. Division staff also answer questions from other North Carohna 
and sister state agencies and private citizens. 

For more information about the Legislative Services Ofhce, call (919) 733- 
4111 or visit the offices Web site at www.ncleg.net . 



405 




NORTH CAROLINA MANUAL 2001-2002 

George Rubin Halljr. 

Legislative Services Officer 

Early Years 

Born in Raleigh, N.C. April 14, 1939, to George 
Ivubin, Sr. (deceased) and Ludie Jane Conner 
Hall ideceased). 



Educational Background 

Hugh Morson High School, 1953-55; Needham 
Broughton High School, 1955-57; Bachelors of 
Science, Campbell College, 1964; Post-graduate 
work in Public Personnel Administration, N.C. 
State University; Government Executives 
institute, UNC-Chapel Hill, 1982. 

Professional Background 

Legislative Services Officer, 1979-Present; 14 

years, N.C. Division of Vocational 

Rehabilitation; former Administrative Officer 

with N.C. General Assembly; Licensed Building Contractor; Licensed Real Estate 

Broker. 

Boards and Commissions 

Former member, Wake County School Board Advisory Council; Manpower Area 
Planning Council, Region J, 1972-73. 

Military Service 

Staff Sgt., N.C. Army National Guard, 1959-60 (active duty), 1960-65 (reserve 
duty). 

Personal Information 

Married, Carolpi Mane Young of Raleigh on June 26, 1960. Three children. Three 
grandchildren. Member, Longview Baptist Church, Raleigh, N.C. 

The 2001 General Assembly 

The 2001 General Assembly North Carolina's 144th, convened m the respective 
chambers of the Senate and House of Representatives in the Legislative Building in 
Raleigh at noon on January 24. The opening of the session was convened by 
Lieutenant Governor Beverly E. Perdue m the Senate and Principal Clerk of the 
House, Denise Weeks. Prior to 1957, the General Assembly convened in January at 
a time fixed by the Constitution of North Carolina. From 1957 through 1967, 
sessions convened m February at a time fixed by the Constitution. The 1969 General 
Assembly was the first to convene on a date fixed by law afier elimination of the 
constitutionally fixed date. The assembly now convenes on the third Wednesday 



406 



THE STATE LEGISLATURE CHAPTER FIVE 

after the second Monday in January after the November election. The 2001 General 
Assembly adjourned on Thursday, Dec. 6, 2001. 

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 32 
women in the 2001 General Assembly, five in the Senate and 27 in the House of 
Representatives. 

Representative Ruth M. Easterling, a Democrat form Mecklenburg County, 
became the longest-serving woman m the General Assembly during the 1999 
session. Representative Easterling, currently in her thirteenth 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 in the House and six in the 
Senate. Former Representative Foster served all of her terms in the House. 

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 in 
the 1890s, African-American representation in the General Assembly disappeared 
for nearly 60 years. Henry E. Frye of Guilford County became the first African- 
American to serve in the General Assembly during this century when he was elected 
to the House of Representatives in 1969. Twenty-five African-Americans served in 
the 2001 General Assembly, seven in the Senate and 18 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). 
The Houses only current Hispanic member is Rep. Daniel F. McComas of New 
Hanover County (Republican, 13th House District). 

Miscellaneous Facts and Figtires 

The oldest member of the 2001 Senate was R. L. Martin (11/8/18), a Democrat 
from Pitt County The youngest member of the 2001 Senate was Cal Cunningham(8/ 
6/73), a Democrat from Davidson County. The oldest member of the 2001 House 

407 



NORTH CAROLINA MANUAL 2001-2002 

of Representatives was Ruth Easterling (12/26/10), a Democrat from Mecklenburg 
County. The youngest member of the 2001 House of Representatives was G. Wayne 
Goodwin (2/22/67), a Democrat from Richmond County The senator with the 
longest tenure is R.C. Soles, Jr., a Democrat from Columbus County, serving his 
seventeenth term - four in the House and 13 m the Senate. Currently there are four 
members of the House with thirteen terms: Rep. Harold J. Brubaker from Randolphh 
County, Rep. Ruth M. Easterling from Mecklenburg County, Rep. George M. Holmes 
from Yadkin County and Rep. Edd Nye (12 terms m the House; one term m the 
Senate) from Bladen County Former Rep. Liston B. Ramsey (deceased), a Democrat 
from Madison County, holds the all-time record for longevity m service with nineteen 
terms, all of them in the House. The record was previously held by former state 
Representative Dwight Qumn, a Democrat from Cabarrus County, who served all 
of his eighteen terms m the House. 

Salaries of Legislators 

Members of the 2001 General Assembly received a base salaiy of $13,951 per 
year and a monthly expense allowance of $559. The speaker of the House and the 
president pro-tempore of the Senate each received a base salar)- 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 salaiy and monthly expense allowances of $666. 
During the legislative session and when they are carrying out the state's business, all 
legislators receive a subsistence allowance of $104 per day and a travel allowance of 
$.29 per mile. 



408 



THE STATE LEGISLATURE 



CHAPTER FIVE 



2001 North Carolina Senate 

officers 



President (Lieutenant Governor) 




Beverly Eaves Pei 


rdue 


President Pro Tempore 




Marc Basnight 




Deputy President Pro Tempore 




Frank W Ballance, Jr. 


Majority Leader 




Tony Rand 




Minority Leader 




Patrick J. Ballantine 


Majority Whip 




Luther Henry Jordan, Jr. 


Minority Whip 




James Forrester 




Principal Clerk 




Janet B. Pruitt 




Reading Clerk 




LeRoy Clark, Jr. 




Sergeant at Arms 




Cecil Coins 




Senators 








Name 


District 


County 


Address 


Albertson, Charles W (D) 


5th 


Duplin 


Beulaville 


Allran, Austm M. (R) 


26th 


Catawba 


Hickory 


Ballance, Frank W, Jr. (D) 


2nd 


Warren 


Warrenton 


Ballantine, Patrick J. (R) 


4th 


New Hanover 


Wilmington 


Basnight, Marc (D) 


1st 


Dare 


Manteo 


Berger, Philip E. (R) 


12th 


Rockingham 


Eden 


Bingham, Stan (R) 


38th 


Davidson 


Denton 


Carpenter, Robert C. (R) 


42nd 


Macon 


Franklin 


Carrington, John H. (R) 


36th 


Wake 


Raleigh 


Carter, Charles (D) 


28th 


Buncombe 


Asheville 


Clodfelter, Daniel G. (D) 


40th 


Mecklenburg 


Charlotte 


Cunningham, James C, 111 (D) 


23rd 


Davidson 


Lexington 


Dalton, Walter H. (D) 


37th 


Rutherford 


Rutherfordton 


Dannelly Charlie Smith (D) 


33rd 


Mecklenburg 


Charlotte 


Forrester, James (R) 


39th 


Gaston 


Stanley 


Foxx, Virginia (R) 


12th 


Watauga 


Banner Elk 


Garrou, Linda (D) 


20th 


Forsyth 


Winston-Salem 


Garwood, John A. (R) 


27th 


Wilkes 


North Wilkesboro 


Gulley Wib (D) 


13th 


Durham 


Durham 


Hagan, Kay R. (D) 


32nd 


Guilford 


Greensboro 


Harris, Oscar N. (D) 


15th 


Johnston 


Dunn 


Hartsell, Fletcher L., Jr. (R) 


22nd 


Cabarrus 


Concord 


Horton, Hamilton C, Jr. (R) 


20th 


Forsyth 


Winston-Salem 


Hoyle, David W. (D) 


25th 


Gaston 


Gastonia 


Jordan, Luther Henry, Jr. (D) 


7th 


New Hanover 


Wilmington 


Kerr, John H., Ill (D) 


8th 


Wayne 


Goldsboro 



409 



NORTH CAROLINA MANUAL 2001-2002 



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. LaFontme, Sr. (D) 
Perdue, Beverly E. (D) 
PhiUips, 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, Larry (D) 
Shaw, Robert G. (R) 
Soles, R.C., Jr. (D) 
Swindell, A.B., IV (D) 
Thomas, Scott (D) 
Warren, Ed N. (D) 
Webster, Hugh (R) 
Weinstein, David E (D) 
Wellons, Allen H. (D) 

Leaders of the Senate 



District 


County 


Address 


16th 


Orange 


Carrboro 


16th 


Orange 


Chapel Hill 


13th 


Durham 


Durham 


6th 


Pitt 


Bethel 


31st 


Guilford 


Greensboro 


28th 


Buncombe 


Asheville 


14th 


Wake 


Raleigh 


27th 


Caldwell 


Lenoir 


34th 


Mecklenburg 


Charlotte 


3rd 


Craven 


New Bern 


23rd 


Davidson 


Lexington 


17 th 


Union 


Monroe 


17 th 


Scotland 


Laurmburg 


24th 


Cumberland 


FayetteviUe 


14th 


Wake 


Raleigh 


29th 


Jackson 


Cullowhee 


35th 


Mecklenburg 


Matthews 


41st 


Cumberland 


Eayette\4lle 


19th 


Guilford 


Greensboro 


18th 


Columbus 


Tabor City 


10th 


Nash 


Nashville 


3rd 


Craven 


New Bern 


9th 


Pitt 


Greenville 


21st 


Caswell 


Yancey\'ille 


30th 


Robeson 


Lumberton 


11th 


Johnston 


Smithfield 



Speakers of the Senate 

Senator 
Samuel Ashe 
Whitmel Hill 
Allen Jones 
Allen Jones 
Abner Nash 
Abner Nash 
Alexander Martin 
Alexander Martin 
Alexander Martin 



County 

New Hanover 

Martin 

Northampton 

Northampton 

Jones 

Jones 

Guilford 

Guilford 

Guilford 



Assembly 

1777 

1778 

1778 

1779 

1779 

1780 

1780 

1781 

1782 



410 





THE STATE LEGISLATURE 


CHAPTER FIVE 


Speakers of the Senate (continued) 






Senator 


County 


Assembly 




Richard Caswell 


Dobbs 


1782 




Richard Caswell 


Dobbs 


1783 




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 


HaUfax 


1816 




John Branch 


Halifax 


1817 




Bartlett Yancey 


Caswell 


1817 





411 



NORTH CAROLINA MANUAL 2001-2002 



Speakers of the Senate 

Senator 
Bartlett Yancey 
Bartlett Yancey 
Bartlet Yancey 
Bartlett Yancey 
Bartlett Yancey 
Bartlett Yancey 
Bartlett Yancey 
Bartlett Yancey 
Bartlett Yancey 
Bartlett Yancey 
Jesse Speight 
Bedford Brown 
David E Caldwell 
David F. Caldwell 
William D. Mosely 
William D. Mosely 
William D. Mosely 
William D. Mosely 
Hugh Waddell 
Andrew Joyner 
Andrew Joyner 
Lewis D. Wilson 
Burgess S. Gaither 
Andrew Joyner 
Calvin Graves 
Weldon N. Edwards 
Weldon N. Edwards 
Warren Winslow 
William W Avery 
Henry T. Clark 
Henry T. Clark 
Giles Mebane 
Giles Mebane 
Thomas Settle 
Matthias E. Manly 
Joseph H. Wilson 



(continued) 

County 

Caswell 

Caswell 

Caswell 

Caswell 

Caswell 

Caswell 

Caswell 

Caswell 

Caswell 

Caswell 

Greene 

Caswell 

Rowan 

Rowan 

Lenoir 

Lenoir 

Lenoir 

Lenoir 

Orange 

Halifax 

HaUfax 

Edgecombe 

Burke 

Halifax 

Caswell 

Warren 

Warren 

Cumberland 

Burke 

Edgecombe 

Edgecombe 

Alamance 

Alamance 

Rockingham 

Craven 

Mecklenburg 



Assembly 

1818 

1819 

1820 

1821 

1822 

1823-24 

1824-25 

1825-26 

1826-27 

1827-28 

1828-29 

1829-30 

1830-31 

1831-32 

1832-33 

1833-34 

1834-35 

1835 

1836-37 

1838-39 

1840-41 

1842-43 

1844-45 

1846-47 

1848-49 

1850-51 

1852 

1854-55 

1856-57 

1858-59 

1860-61 

1862-64 

1864-65 

1865-66 

1866-67 

1866-67 



412 



THE STATE LEGISLATU RE 



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 


Henr)' 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 


Lmdsey C. Warren 


Washington 


1917 


William L. Long 


Halifax 


1921 


William L. Long 


Hahfax 


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 



413 



NORTH CAROLINA MANUAL 2001-2002 



Presidents Pro-Tempore of the Senate 



Senator 
Archie C. Gay 
Joseph L. Blyihe 
James C. Pillnian 
Rufus G. Rankin 
Edwin Pale 
Paul E. Jones 
Claude Curric 
Robert E Mors;an 
William L. Crew 
Ralph H. Scott 
Robert B. Morgan 
Herman A. Moore 
Neill H. McGeachy 
Frank N. Patterson, Jr. 
Gordon P Allen 
Gordon P. Allen 
John T. Henley 
John T. Henley 
W Craig Lawing 
W. Craig Lawing 
W Craig Lawing 
J. J. Harrington 
J. J. Harrington 
Henson P. Barnes 
Henson R Barnes 
Marc Basnight 



County 

Northampton 

Mecklenburg 

Lee 

Gaston 

Scotland 

Pitt 

Durham 

Cleveland 

Halifax 

Alamance 

Harnett 

Mecklenburg 

Cumberland 

Stanly 

Person 

Person 

Cumberland 

Cumberland 

Mecklenburg 

Mecklenburg 

Mecklenburg 

Bertie 

Bertie 

Wayne 

Wayne 

Dare 



(continued) 

Assembly 

1945 

1947 

1949 

1951 

1953 

1955-56 

1957 

1959 

1961 

1963 

1965-66 

1967 

1969 

1971 

1971 

1973-74 

1975-76 

1977-78 

1979-80 

1981-82 

1983-84 

1985-86 

1987-88 

1989-90 

1990-91 

1992-Present 



The state constitution of 1868 abolished the office of speaker of the Senate, in 
creating the office of lieutenant governor with similar duties and functions rW 
lieutenant governor presides over the Senate and is called "the president ctlj;- 
Senate" when serving in this capacity. Senators also elect one of their membcs 
serve as president pro-tempore during periods when the lieutenant can not prac 



414 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Marc Basnight 

President Pro-Tempore of the 
N.C. Senate 

Democrat, Dare County 

First Senatorial District: Camden, Chowan, 
Currituck, Dare, Hyde, Pasquotanlz, 
Perquimans, Tyrrell and portions of Beau- 
fort, 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). 

Business/Professional, Charitable/Civic or Community Service Organizations 

Manteo Lions Club; 32nd-Degree Mason; First Flight Society. 

Elective and Appointed Boards and Commissions 

North Carolina 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 Policy Research, 1999, 1997, 1995, 
1993; Razor Walker Award for Contributions to Public Education, R. Donald Watson 
School of Education, UNC-Wilmmgton, 2001; Honorary Doctor of Laws (1999) 
and William Richardson Davie Award (1995), University of North Carolina at Chapel 
Hill. 

Personal Information 

Married, Sandy Tillett Basnight, March 23, 1968. Two children. Member, Methodist 
Church. 

Committee Assignments 

Ex-Officio member of all standing Senate committees. 



415 



NORTH CAROLINA MANUAL 2001-2002 




Frank W. Ballance, Jr. 

Deputy President Pro-Tempore 

Democrat, Warren County 

Second Senatorial District: Gates, Hertford, 
Northampton, Warren and Portions of Berti, 
Halifax and Vance counties 

Early Years 

Born m Windsor, Bertie County, February 15, 
1942, to Frank Winston and Alice (Eason) 
Ballance. 

Educational Background 

WS. Etheridge High School, 1959; North Carolina 
Central University, 1963; North Carolina Central 
Law School, 1965. 

Professional Background 

Attorney, Frank W Ballance, Jr. & Associates, PA 1990-Present (Ballance and Reaves, 
1985-89; Frank W Ballance, Jr., 1979-1984; Clayton and Ballance, 1966-1979); 
Librarian and Professor, South Carolina State College School of Law, 1965-66. 

Political Activities 

Member, N.C. Senate, 1989-Present; Member, N.C. House of Representatives 1983- 
86. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Chair, Warren County Chapter, NAACP, 1988; N.C. State Bar, 1965-Present; N.C. 
Association of Trial Lav^yers; N.C. Association of Black Lawyers. 

Elective and Appointed Boards and Comnussions 

Board of Trustees, Elizabeth City State University; Board of Trustees, North Carolina 
Central University. 

Military Service 

North Carolina National Guard, 1968; Reser\'es, 1968-71. 

Personal Information 

Manied, Bernadine Smallwood Ballance, 1969. Three children. Member, Greenwood 
Baptist Church, Warrenton. 

Committee Assignments 

Co-Chair, Appropriations on Justice and Public Safety and Judiciary 11. Member, 
Appropriations/Base Budget, Commerce, Insurance, State and Local Government, 
Wavs and Means. 



416 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Anthony E. Rand 

Senate Majority Leader 

Democrat, Cumberland County 

Twenty -Fourth Senatovial District: Portions of 
Cumberland County 

Early Years 

Born in Panther Branch Township, Wake 
County, on September 1, 1939, to Walter Rand, 
Jr., and Geneva Yeargan Rand. 

Educational Background 

Garner High School, 1957; B.A. in Pohtical 
Science, University of North Carolina, 1961; 
J.D. , University of North Carolina School of Law, 
UNC-Chapel Hill, 1964. 

Professional Background 

Consuhant, Prime Medical Services, Inc.; President, MedTech Investments, Inc.; 
President, Rand & Gregory, PA. 

Political Activities 

Member, N.C. Senate, 1981-88 and 1994-Present (Majority Leader, 1987-88 and 
2001 -Present) 

Business/Professional, Charitable/Civic or Community Service Organizations 

N.C. Bar Association/American Bar Association; Board of Trustees, All Kinds of 
Minds Board of Directors, First Citizens Bank & Trust Company, FayettevilleNational 
Health Lawyers Association. 

Elective and Appointed Boards and Commissions 

Advisory Budget Commission; Co-Chair, Employee Hospital and Medical Benefits 
Committee; Board of Directors and Treasurer, General Alumni Association of the 
University of North Carolina. 

Honors and Awards 

Honorary Doctor of Laws Degree, Fayetteville State University, 2000; Distinguished 
Alumnus Award/Carolina Law Distinguished Alumni Award, UNC-CH, 2001; 
Chancellors Medallion, Fayetteville State University, 2001. 

Personal Information 

Married to Karen Skarda Rand of Downers Grove, lUinois, 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/ 
Justice and Public Safety, Information Technology; Member, Judiciary I, Finance. 



417 




NORTH CAROLINA MANUAL 2001-2002 

Patrick J. Ballantine 

Senate Minority Leader 

Republican, New Hanover County 

Fourth Senatorial District: Portions of Carteret, 
New Hanover, Onslow and Pender counties 

Early Years 

Born March 17, 1965, m Grand Forks, Norih 
Dakota, lo 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. 

Political Activities 

Member. N.C. Senate, 1994-Present (Minority Leader, 1999-Present). 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Rotary; National Republican Legislators Association; Friends of Airlie Gardens. 

Elective and Appointed Boards and Commissions 

American Lung Association; New Hanover County Children's Museum; New Hanover 
Countv Crime Commission. 

Personal Information 

Married to Lisa Beard Ballantine of Fort Worth, Te.xas on August 10, 1991. One 
child. Member, St. Andrews on the Sound Episcopal Church. 

Committee Assignments 

Vice-Chair, Commerce; Ranking Minority Member, Insurance and Consumer 
Protection and Redistncting; Member, Finance, Judiciary 1 and Wavs and Means. 



418 



THE STATE LEGISLATURE CHAPTER FIVE 




Luther H.Jordan, Jr. 

Senate Majority Whip 

Democrat, New Hanover County 
(deceased April 23, 2002) 

Seventh Senatorial District: Portions of Jones, 
Lenoir, New Hanover, Onslow and Pender 
counties 

Early Years 

Born on June 1, 1950, m 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., 
Wihnnigton, and Jordan Columbus County 
Chapel, Riegelwood, N.C. 

Political Activities 

N.C. Senate, 1993-2002 (Senate Majority Whip, 1999-2002); Member, Wilmington 
City Council, 15 years (Mayor Pro-Tempore); Second Vice-Chair, North Carolina 
Democratic Party. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Life Member, NAACP; Member, Gupton Jones College Alumni Association; Member. 
National Black Caucus. 

Elective and Appointed Boards and Commissions 

Board of Trustees, Shaw University; Board of Directors, Wachovia Bank and Trust; 
N.C. Institute of Minority Economic Development. 

Honors and Awards 

Luther Jordan Week, Proclaimed by City of Wilmington, November 12-18, 2001; 
Man of the Year, Winston-Salem State University Alumni, 1992; Omega Psi Phi 
Fraternity Inc., 6th District Outstanding Service Award, 1988. 

Personal Information 

Chestnut Street Presbyterian Church (U.S.A.). 

Committee Assignments 

Chair, Appropriations on Justice and Public Safety; Vice-Chair, State and Local 
Government, Commerce, Insurance and Consumer Protection; Co-Chair, Correction 
and Crime Control Oversight. 



419 



NORTH CAROLINA MANUAL 2001-2002 




James S. Forrester, MD 

Senate Minority Whip 

Republican, Gaston County 

Thirty-Ninth Scnatoiial District: Portions of 
Gaston, Iredell and Lincoln counties 



Early Years 

Born in Aberdeen, Scotland, January 8, 1937, lo 
James S. and Nancy McLennan Forrester, 

Educational Background 

New Hanover High, 1954; B.S. m Science, Wake 
Forest University, 1958; M.D., Bowman Gray 
School of Medicine of WFU, 1962; M. PH., UNC- 
Chapel Hill, 1976. 

Professional Background 

Physician, Family Practice. 

Political Activities 

Member, N.C. Senate, 1991 -Present; County Commissioner, Gaston County 1982- 
90; Chair, Board of Commissioners, 1989-90. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Gaston County Medical Society; N.C. Medical Society; Aerospace Medical Association 
(A. Fellow). 

Elective and Appointed Boards and Commissions 

Past Vice-Chair, Gaston-Lmcoln Mental Health; Past President, Gaston County Heart 
Association; Board ot Directors (past), Childrens Council, Gaston County. 

Military Service 

N.C. Air National Guard, HQ NCANG, Brig General, Ret.; Former Commander of 
145 TAG clinic and State Air Surgeon;Participated in air evacuation m Vietnam. 

Honors and Awards 

Jefferson Award for Public Service, 1988; N.C. Medical Society Physician 
Community Service Award, 1994; Distinguished Achievement Award, Bowman Gray 
School of Medicine, Wake Forest University, 1997. 

Personal Information 

Married to Mary Frances All Forrester of Wilmington on March 12, 1960. Four 
children. Member, First Baptist Church, Stanley. 

Committee Assignments 

Vice-Chair, Appropriations/Base Budget; Ranking Minority Member, Appropriations 
on Health and Human Resources, Children & Human Resources, Rules and 
Operations of the Senate; Member, Commerce, Education/Higher Education, Health 
Care, Insurance and Consumer Protection, Judiciar)' 11 and Redistrictmg. 

420 



THE STATE LEGISLATURE 



CHAPTER FIVE 



Charles W.AIbertson 

Democrat, Duplin County 

Fifth Senatorial District: Duplin and Portions of 
Jones, Onslow, Pender and Sampson counties 



■2* f 




Early Years 

Born in Beulaville, Duplin County, January 4, 1932, to 
James Edward and Mary Elizabeth Norris Albertson. 

Educational Background 

Beulaville Elementary and High School, 1938-50; 
attended James Sprunt Community College. 

Professional Background 

Farmer; Retired PPQ Officer, USDA; Professional 
Musician; Songwriter and Publisher; Recording Artist. 

Political Activities 

Member, N.C. Senate, 1993-Present; Member, N.C. House of Representatives, 1989- 
92. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Beulaville Investors Club; North Carolina Farm Bureau; Co-coordinator, Yokefellow 
Prison Ministry 1978-80. 

Elective and Appointed Boards and Commissions 

James Sprunt Community Cohege, 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. 

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; DupUn County Board of Commissioners proclaimed Charlie Albertson 
Day May 25, 1975; Long-Leaf Pine Award; Award for writing song for USDA APHIS. 

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: Rurall Development; 
Member, Appropriations/Base Budget, Appropriations on Natural Resources, 
Finance, Judiciary 1, Pensions & Retirement and Aging, Redistricting, Rules and 
Operations of the Senate, State and Local Government, Ways & Means. 



421 




NORTH CAROLINA MANUAL 2001-2002 

Austin Murphy Allran 

Republican, Catawba County 

Twenty-Sixth Senatorial District: Catawba and 
Portions of Lincoln counties 

Early Years 

Born m Hickory, Catawba County, December 13, 
1951, to Albert M. and Mary Ethel Houser Allran. 

Educational Background 

Hickoiy High School, 1970; B.A. m English and 
History, Duke University, 1974; J.D., Southern 
Methodist University School of Law, 1978; M.A. 
m English, North Carolina State University, 1998. 

Professional Background 

Attorney at Law. 

Political Activities 

Member, N.C. Senate 1987-Present (Senate Minority Whip, 1995-1996); Member, 
N.C. House, 1981-86. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Sons of Confederate Veterans; Catawba County Historical Association; Sons oi the 
American Revolution. 

Elective and Appointed Boards and Commissions 

Board of Trustees and Vice-President, Hickory Landmarks Society; Child Fatality 
Task Eorce; Mental Health Oversight & Reform Study Commission. 

Honors and Awards 

1999 Legislator of the Year, Initiative to Reduce Underage Drinking; 1992 Taxpayers' 
Best Friend, N.C. Taxpayers United; 1999 Certihcate of Appreciation Award, Catawba 
County Partnership Against Underage Drinking. 

Personal Information 

Married to Judy Mosbach Allran on September 27, 1980. Two children. Life-long 
member, Corinth Reformed LJnited Church of Christ, Hickory 

Committee Assignments 

Vice Chair: Appropriations/Base Budget; Ranking Minority Member, Appropriations 
on General Government, Education/Higher Education, Finance, Ways and Means; 
Member, Children and Human Resources, Information Technology, Judiciary I. 



422 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Philip Edward Berger 

Republican, Rockingham County 

Twelfth Senatorial District: Portions of Alleghany, 
Ashe, Guilford, Rockingham, Stokes, Surry and 
Watauga counties 

Early Years 

Bora in New Rochelle, New York, August 8, 1952, 
to Francis H. and Eunice Talley Berger. 

Educational Background 

George Washington High School, Danville, Va., 

1970; Studied Business, Danville Community 

College, B.A. in Sociology, Averett College, 1980; J.D., Wake Forest University 

University School of Law, 1982. 

Professional Background 

Attorney at Law. 

Political Activities 

Member, N.C. Senate 2001-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Executive Board, Old North State Council, Boy Scouts of America. 

Personal Information 

Married to Patricia Hayes Berger. Three children. One grandchild. Member, First 
Presbyterian Church, Eden. 

Committee Assignments 

Ranking Minority Member, Rural Development; Member, Appropriations on 
Transportation, Appropriations/Base Budget, Commerce, Judiciary I, Pensions & 
Retirement and Aging, Transportation, Ways and Means. 



423 



NORTH CAROLINA MANUAL 2001-2002 



Stan Bingham 

Republican, Davidson County 

Thirty-Eighth Senatorial District: Davie and 
Portions of Davidson, Forsyth and Rowan counties 

Professional Background 

Lumber Company Owner. 

Political Activities 

Member, N.C. Senate, 2001 -Present. 

Personal Information 

Mamed, Lora Bmaham. 

Committee Assignments 

Ranking Minority Member, Appropriations on Justice 

& Public Safety; Member, Agriculture/Environment/ 

Natural Resources, Appropriations/Base Budget, Children & Human Resources, 

Education/Higher Education, Judiciary' II, Rural Development. 




424 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Robert C. Carpenter 

Republican, Macon County 

Forty-Second Senatorial District: Cherokee, Clay, 
Graham, Polk and Portions of Buncombe, 
Haywood, Henderson, Jackson, Macon and 
Transylvania counties 

Early Years 

Born in Franklin, Macon County, June 18, 1924, to 
Edgar J. and Eula D. Carpenter. 

Educational Background 

Franklin High School, 1942; Western Carolina 

University; UNC-Chapel Hill Pre-flight School; 

Purdue University, LUTC; 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. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Director, Franklin Rotary Club (President, 1959; Member for 47 years); American 
Legion Post 108; Franklin AARP 

Elective and Appointed Boards and Commissions 

Former Member, Macon County Economic Development Commission; Former 
Member, Board of Trustees, Southwestern Community College; Former Chair, 
FrankUn First Union Board of Directors. 

Military Activities 

Pilot, U.S. Navy, 1943-45. 

Personal Information 

Married, T. Helen Edwards Bryant Carpenter, January 18, 1986 (First wife, Ruth, 
deceased); Eight children; 19 grandchildren; Member, Saint Francis Catholic Church, 
Franklin. 

Committee Assignments 

Vice-Chair, Transportation; Ranking Minority Member, Appropriations on 
Department of Transportation, Commerce, Judiciary I; Member, Appropriations/ 
Base Budget, Insurance and Consumer Protection, Pensions & Retirement and Aging, 
Rural Development. 



425 




NORTH CAROLINA MANUAL 2001-2002 

John H.Carrington 

Republican, Wake County 

Thirly-Sixlh Senatorial District: Portions of Wake 
County 

Early Years 

Born in Philadelphia, PennsyK'ania, October 25, 1934, 
10 William E. and Dorelta Keys Carnnglon. 

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 Carolina Senate, 1995-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Board Member, John Locke Foundation; Shrmer. 

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 
Deliver)' Badge. 

Personal Information 

Two children; Two grandchildren. Protestant. 



i?" 



Committee Assignments 

Vice-Chair, Rules and Operations of the Senate; Member, Finance, Redislricting, 
Transportation, and Ways and Means. 



426 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Charles Newell Carter, Jr. 

Democrat, Buncombe County 

Twenty-Eighth Senatorial District: Buncombe, 
Burke, Madison, McDowell and Yancey coun- 
ties 

Early Years 

Born in Asheville, Buncombe County, May 9, 
1967, to Charles Newell and Tura Hinson Carter, 

Sr.. 

Educational Background 

Asheville High School, 1986; Bachelor of Arts 
in International Studies and History, Oglethorpe 
University 1990. 

Professional Background 

Teacher, Buncombe County Public School System. 

Political Activities 

Member, N.C. Senate, 1998-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Public School Forum of North Carolina; World Trade Center North Carolina. 

Honors and Awards 

2001 Legislator of the Year, N.C. School Counselor Association. 

Personal Information 

Member, Grace Episcopal Church. 

Committee Assignments 

Chair, Education/Higher Education; Vice-Chair, Appropriations on Education/Higher 
Education; Member, Appropriations/Base Budget, Commerce, Einance, Information 
Technology Judiciary 1, Rural Development and Transportation. 



427 




NORTH CAROLINA MANUAL 2001-2002 

Daniel G. Clodfelter 

Democrat, Mecklenburg County 

Fortieth Senatorial District: Mecklenburg County 

Early Years 

Born June 2, 1950, in Thomasvillc, Davidson County, 
10 Billy G. and Lorene Wells Clodfelter. 

Educational Background 

Thomasville Senior High School, 1968; Bachelors, 
Davidson College, 1972; Bachelors, Oxford 
University, 1974; Lavv^ Degree, Yale Law School, 1977. 

Professional Background 

Attorney at law, Moore & Van Allen. PLLC. 

Political Activities 

Member, N.C. Senate, 1998-Present; Member, Charlotte City Council. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Trustee, Z. Smith Reyiiolds Foundation, Inc. 

Elective and Appointed Boards and Commissions 

Governors Commission on Modernization of State Finances; Tax Policy 
Commission; Co-Chair, Smart Growth Oversight Commission. 

Honors and Awards 

1972 Rhodes Scholar. 

Personal Information 

Married to Elizabeth K. Bevan. Two children. 

Committee Assignments 

Chair, Judiciary I; Vice-Chair, Finance; Member, Agriculture/Environment/Natural 
Resources, Appropriations on Justice & Public Safety, Appropriations/Base Budget, 
Information Technology, Redistrictmg and State and Local Government. 



428 



THE STATE LEGISLATURE 



CHAPTER FIVE 




James Calvin Cunningham, 

Republican, Davie County 

Twenty-third Senatorial District: Portions of 
Davidson, Iredell and Rowan counties 

Early Years 

Born m Winston-Salem, Forsyth County, on 
August 6, 1973, to James Calvin and Julee Terry 
Cunningham, II. 

Educational Background 

Forsyth Country Day, Lewisville, 1991; A.B. in 
Philosophy and Political Science, UNC-Chapel 
Hill, 1996; M.Sc. m Public Administration, 
London School of Economics, 1997; J. D., School 
of Law, UNC-Chapel Hill, 1999. 

Professional Background 

Attorney, Cunningham Crump & Cunningham PLLC. 

Political Activities 

Member, N.C. Senate 2001-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Board of Directors, The Life Center. 

Military Service 

3rd Class Petty Officer, Military Sealift Command, U.S. Navy; U.S. Naval Reserve, 
1999-Present. 

Honors and Awards 

Distinguished Service Award, Lexington Jaycees, 2002. 

Personal Information 

Married to Elizabeth Kolb Cunningham. One child. Member, First Presbyterian 
Church, Lexington. 

Committee Assignments 

Vice-Chair, Judiciary 1; Member, Agriculture/Environment/Natural Resources, 
Appropriations on Education/Higher Education, Appropriations/Base Budget, 
Insurance and Consumer Protection, Rural Development and Transportation. 



429 




NORTH CAROLINA MANUAL 2001-2002 

Walter Harvey Dalton 

Democrat, Rutherford County 

Thirty-Seventh Senatorial District: Rutherford 
and Portions of Cleveland counties 

Early Years 

Born May 21, 1949, m Rutherfordton lo Charles 
C. and Amanda Haynes Dalton. 

Educational Background 

Riuherfordton-Spuidale High School, 1963-67; 
B.S. m 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. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Former Member, Child Abuse Prevention Society; Member, North Carolina State 
Bar; Member, South Carolina State Bar. 

Elective and Appointed Boards and Commissions 

Director, Southern Region Education Board; Former President, Ruthertord County 
Bar; Chairman, Board of Trustees, Isothermal Community College, 1995-97. 

Honors and Awards 

Honorary Doctorate m Humanities, Gardner-Webb University; 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. Two children. Member, Spindale United Methodist 
Church. 

Committee Assignments 

Chair, Appropriations on Education/Higher Education, Education/Higher Education; 
Vice-Chair, Judiciary II; Member, Appropriations/Base Budget, Commerce, Finance, 
Rules and Operations of the Senate and Rural Development. 



430 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Charlie Smith Dannelly 

Democrat, Mecklenburg County 

Thirty-third Senatorial District: Portions of 
Mecklenburg County 

Early Years 

Born 111 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. m Education, Johnson C. Smith University, 
1962; Masters in 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. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Committee to Preserve and Restore Third Ward Board of Directors; Johnston C. 
Smith University 100 Club; Omega Psi Phi Fraternity. 

Elective and Appointed Boards and Commissions 

Advisory Council on Cancer Coordination and Control; Interagency Council for 
Coordinating Homeless Programs; Underage Drinking Study Commission. 

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. 

Personal Information 

Married to Rose LaVerne Rhodes Dannelly. One child. Member, Friendship 
Missionary Baptist Church. 

Committee Assignments 

Chair, Ways and Means; Vice-Chair, Appropriations on Health and Human Services, 
Children and Human Resources, Education/Higher Education; Member, Finance, 
Health Care, Redistricting. 



431 




NORTH CAROLINA MANUAL 2001-2002 

Virginia Foxx 

Republican, Watauga County 

Twelfth Scnatoyial District: Alleghany, Ashe, 
Guiljovd (part), Rockingham, Stokes, Surry 
and Watauga counties 

Early Years 

Born in New York City, N.Y., on June 29, 1943, 
to Nunzio John and Dollie Garrison Palmieri. 

Educational Background 

Crossnore High School, Crossnore, N.C., 1957- 
1961; A.B. m English, UNC-Chapel Hill, 1968; 
M.A.C.T. in Sociology, UNC-Chapel Hill, 1972; 
Ed.D. in Curriculum and Teaching, UNC- 
Greensboro, 1985. 

Professional Background 

Owner, Grandfather Mountain Nursery; Vice-President, Foxx Family, Inc.; Former 
President, Mayland Community College; Former Assistant Dean, General College, 
Appalachian State University; Deputy Secretary, Department of Administration. 

Political Activities 

Member, North Carolina Senate, 1995-Present; Watauga County Board of Education, 
1976-1988. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

N.C. Center for Public Policy Research Board; N.C. FREE; UNC Board of Visitors. 

Elective or Appointed Boards and Commissions 

Partner, NC Civic Education Consortium; ROAN Scholarship Selection Committee, 
ETSU; Member, Banner Elk Chamber of Commerce Board, 1990-94. 

Honors and Awards 

2002 Contributions to Sociology Award, North Carolina Sociological Association; 
2001 Roosevelt Global Leadership Institute; 2000 Guardian of Small Business 
Award, National Federation of Independent Businesses. 

Personal Information 

Married to Thomas Allen Foxx. One child. Two grandchildren. Member, St. Elizabeth 
of the Hill Country Roman Catholic Church. 

Committee Assignments 

Ranking Minority Member, Appropriations on Information Technology; Member, 
Appropriations/Base Budget, Children & Human Resources, Commerce, Education/ 
Higher Education, Finance, Information Technology and Redistricting. 



432 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Linda Garrou 

Democrat, Forsyth County 

Twentieth Senatorial District: Forsyth County 

Early Years 

Bom in Atlanta, Georgia, to Joe and Rubye Spears 
Dew. 

Educational Background 

Columbus High School, Columbus, Ga., 1960; 
B.S. Ed. in Secondary Education (History), 
University of Georgia, 1964; M.A.T. in History, 
UNC-Chapel Hill, 1967. 

Professional Background 

High School Teacher. 

Political Activities 

Member, North Carolina Senate, 1998-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Guardian Ad Litem (District Administrator, 1987-91; Regional Administrator, 1991- 
97); Forsyth County Juvenile Justice Council; Big Brother-Big Sister. 

Elective and Appointed Boards and Commissions 

N.C. Railroad; VA/NC High-Speed Rail Commission; Sentencing and Parole 
Commission. 

Honors and Awards 

Ellen Winston Award for Service to Children m 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 

Chair, Appropriations on Education/Higher Education; Vice-Chair, Education/Higher 
Education, Information Technology; Member, Appropriations/Base Budget, 
Commerce, Finance, Insurance and Consumer Protection and Transportation. 



433 




NORTH CAROLINA MANUAL 2001-2002 

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, m 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 

Retired. 

Political Activities 

Member, N.C. Senate, 1996-Present; Chair, Wilkes County Commission, 1992- 
94. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Member, Local Board, First Citizens Bank, 1975-Present; Member, UNC Board of 
Governors, 1985-96; Member, Appalachian State University Board of Trustees, 1973- 
80 (Chair, 1979-80). 

Elective and Appointed Boards and Commissions 

UNC Board of Governors. 

Military Service 

Sergeant, 11th Airborne, U.S. Army, 1953-55, Korean War. 

Honors and Awards 

Outstanding Alumnus Award, Appalachian State University, 1997. 

Personal Information 

Married Wanda Bandy Garwood on August 3, 1957. Three children. Five 
grandchildren. Member, Wilkesboro United Methodist Church. 

Committee Assignments 

Ranking Minority Member, Transportation; Member, Agriculture/Lnxironment/ 
Natural Resources, Appropriations/Base Budget, Appropriations on EducatioiVHigher 
Education, Education/Higher Education, Health Care, State and Local Government. 



434 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Wib Gulley 

Democrat, Durham County 

Thirtemth Senatonal District: Durham, 
Granville and Portions of Person and Wake 
counties 

Early Years 

Born in Little Rock, Arkansas, on July 31, 1948, 
to Wilbur P. Gulley, Jr. and Jane Harrison Ashley 

Educational Background 

Hall High School, 1966; Bachelor of Arts m 
History, Duke University, 1970; J.D., 
Northeastern University, School of Law, 1981. 

Professional Background 

Attorney and Partner, Law firm of Gulley and Calhoun. 

Political Activities 

Member, N.C. Senate, 1993-Present; Mayor, City of Durham, 1985-89; Member, 
Democratic National Committee, 1986-87; Member, N.C. Democratic Party, 
Executive Committee, 1986-95; First Vice-Chair, Durham County Democratic Party, 
1983-86. 

Business/Professional, Charitahle/Civic or Community Service Organizcitions 

Member of Board and Past Chair, Triangle Transit Authority; Member, Transit 2001 
Commission; Board Member and Past Chair, Durham Service Corps. 

Honors and Awards 

First Breath of Life Aw^ard, N.C. Lung Association and N.C. Thoracic Society, 2002; 
1995 Outstanding Legislator Award, N.C. Chapter, American Planning Association; 
The 1996 Margaret Sanger Award from Planned Parenthood. 

Personal Information 

Married, Charlotte L. Nelson. 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 and Redistricting. 



435 




NORTH CAROLINA MANUAL 2001-2002 

Kay Hagan 

Democrat, Guilford County 

Thirty-second Senatorial District: Guilford 
County 

Early Years 

Born m Shelby, N.C., to Joseph R and Jeanette 
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. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Legal Representative, Ethics Committee, Cone Hospital; Executive Committee, UNC- 
Greensboro Excellence Foundation; Advisoiy Council, Greensboro Convention & 
Visitors Bureau. 

Elective and Appointed Boards and Commissions 

NCA^A High-Speed Rail Commission; Underage Drinking Study Commission; Child 
Weil-Being & Domestic Violence Task Force. 

Personal Information 

Married, Charles Tilden Hagan. Three children. Member, First Presbyterian Church. 

Committee Assignments 

Chair, Judiciary 11; Vice-Chair, Appropriations on Information Technology, 
Redistricting; Member, Appropriations/Base Budget, Children and Human Resources, 
Commerce, Education/Higher Education, Finance, Information Technology and 
Insurance and Consumer Protection. 



436 



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 Military Academy, 1962; B.S. in 
Business Administration, Campbell University, 
1965. 

Professional Background 

Certihed Public Accountant, Oscar N. Harris & Associates, PA. 

Political Activities 

Member, N.C. Senate, 1999-Present; Mayor, City of Dunn, 1987-95. 

Business/Professional, Charitable/ Civic or Community Service Organizations 

Harnett County Community Fund; Rotary Club of Dunn; Shrine Club of Dunn. 

Elective and Appointed Boards and Commissions 

Board Member, Southeastern College of the AssembUes of God; Presidential Board 
of Advisors, Campbell University; Board of Advisors, N.C. Masonic Charities. 

Military Service 

Sergeant, l""" Marine Division, U.S. Marine Corps, 1958-61 (active reserves, 1961- 
66); Good Conduct Award. 

Honors and Av^ards 

1986 Man of the Year, City of Dunn; 1997 Distinguished Service Award, Boy Scouts 
of America; 1991 Public Service Award, N.C. Association of Certified Public 
Accountants.. 

Personal Information 

Married, Jean Carolyn Wood Harris. Two children. Three grandchildren. Member, 
Glad Tidings Assembly of God. 

Committee Assignments 

Chair, Pensions & Retirement and Aging; Vice-Chair, Appropriations on General 
Government, Insurance and Consumer Protection; Member, Agriculture/ 
Environment/Natural Resources, Appropriations/Base Budget, Finance, Children 
& Human Resources, Finance, Redistricting and Rural Development. 



437 



NORTH CAROLINA MANUAL 2001-2002 




Fletcher Lee Hartsell, Jr. 

Republican, Cabarrus County 

Twenty-Second Senatorial District: Cabarrus 
and portions oj Rowan and Stanly counties 

Early Years 

Born m Concord, Cabarrus Count); on February 
15, 1947, to Fletcher L. and Dons Wright 
Hartsell, Sr. 

Educational Background 

Concord High School, 1965; A.B. m Political 
Science, Davidson College, 1969; J.D., UNC- 
Chapel Hill, 1972. 

Professional Background 

Attorney, Hartsell, Hartsell & Williams, PA. 

Political Activities 

Member, N.C. Senate, 1991 -Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Cabarrus County Bar Association; N.C. Council of School Attorneys; National 
Association of Veterans" Advocates. 

Elective and Appointed Boards and Commissions 

Board of Visitors, UNC-Chapel Hill; Public School Forum; N.C. Economic 
Development Board. 

Military Service 

First Lieutenant, U.S. Army. 

Honors and Awards 

Order of the Long Leaf Pme; 1997 Outstanding Legislator Avv^ard, N.C. Academy of 
Trial Lawyers. 

Personal Information 

Married, Tana Renee Honevcutt Hartsell. Three children. Member, McGill Avenue 
Baptist Church. 

Committee Assignments 

Vice-Chair, Education/Higher Education, Judiciary 1; Ranking Minority Member, 
Agriculturc/Environment/Natural Resources, Appropriations on Education/Higher 
Education; Member, Appropriations/Base Budget, Finance, Health Care, Insurance 
and Consumer Protection, Redistricting and State and Local Government. 



438 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Hamilton C.HortonJr. 

Republican, Forsyth County 

Twentieth Senatorial District: Portions of 
Forsyth County 

Early Years 

Born m Wmston-Salem on August 6, 1931, to 
Hamilton Cowles and Virginia Lee Wiggins 
Horton. 

Educational Background 

R. J. Reynolds High School, Winston-Salem, 
1949; A.B. in History, UNC-Chapel Hill, 1953; 
L.L.B., UNC-Chapel Hill, 1956; Summer study 
at Universite De Grenoble, 1950, and Universtat 
Von Salzburg, 1952. 

Professional Background 

Attorney, Horton, Sloan & Gerber, LLC. 

Political Activities 

Member, N.C. Senate, 1971-74, 1995-Present; Member, N.C. House of 
Representatives, 1969-1970. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

N.C. Bar Association; Forsyth County Bar Association (President, 1989-90); 2P' 
District Bar Association (President, 1989-90). 

Elective and Appointed 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). 

Military 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, 
Conservation Council of N.C, 1976. 

Personal Information 

Married to Evelyn Hanes Moore Horton. One child. Member, Calvary Moravian Church. 

Committee Assignments 

Vice-Chair, Agriculture/Environment/Natural Resources; Ranking Minority Member, 
Appropriations on Natural and Economic Resources, Information Technology; 
Member, Appropriations/Base Budget, Education/Higher Education, Judiciary I, 
Rules and Operations of the Senate, State and Local Government. 



439 



NORTH CAROLINA MANUAL 2001-2002 



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David William Hoyle 

Democrat, Gaston County 

Twenty-Fifth Senatorial District: Portions of 
Cleveland, Gaston and Lincoln counties 

Early Years 

Born in Gastonia on February 4, 1939, lo 
William Atkin Hoyle and Ethel Brown Hoyle. 

Educational Background 

Dallas High School, Dallas, N.C., 1957; B.A. m 
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 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Chair, Board of Directors, Gaston Federal Bank; Board of Directors, the Shaw Group; 
Founder/President, Summey Building Systems, Inc. 

Elective and Appointed 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. 

Honors and Awards 

Honorary Doctor of Laws, Lenoir-Rhyiie College, 1983. 

Personal Information 

Married to Lmda Summey Hoyle. Two children. Three grandchildren. Member, 
Holy Communion Lutheran Church, Dallas N.C. 

Committee Assignments 

Chair, Finance; Vice-Chair, Commerce, Education/Higher Education; Member, 
Appropriations/Base Budget, Appropriations on Department ol Transportation, 
Information Technology, Insurance and Consumer Protection, Judiciary I, 
Redistnctmg, Rules and Operations of the Senate, Transportation, Ways and Means. 



440 



THE STATE LEGISLATURE 



CHAPTER FIVE 




John Hosea Kerr, 

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 m 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. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Goldsboro Rotary Club; Wayne County Chamber of Commerce; N.C. Bar 
Association. 

Elective and Appointed Boards and Commissions 

BB&T Advisory Board; Past Chair, Wayne County Chapter, American Red Cross; 
Past Chair, Morehead Foundation, District II Committee. 

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. 

Personal Information 

Married to Sandra Edgerton Kerr. Two children. Member, Madison Avenue Baptist 
Church. 

Committee Assignments 

Chair, Fmance; Vice-Chair, Ways and Means; Member, Appropriations/Base Budget, 
Appropriations on Health and Human Resources, Children and Human Resources, 
Commerce, Finance, Judiciary 11, Redistricting and Rural Development. 



441 



NORTH CAROLINA MANUAL 2001-2002 




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, m Rochester, 
Minnesota, to Judge Vernon and Madge Pollock 
Gates. 

Educational Background 

Rochester High School, Rochester, Mmnesota, 
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. 

Business/Professional, Charitable/Civic or Comnninity Service Organizations 

N.C. Association of Women Attorneys; N.C. Academy of Trial Lawyers; N.C. Bar 
Association. 

Elective and Appointed Boards and Commissions 

Governors Advocacy Council on Children and Youth; Environmental Review 
Commission; Summit House;. 

Honors and Awards 

2001 Public Official Award, National Coalition Against the Death Penalty; 2001 
Achievement Award, N.C. Solar Energy Association; 2001 Friend of Education 
Award, Chapel Hill/Carrboro Association of Educators. 

Personal Information 

Three children. Two grandchildren. Member, Chapel of the Cross Episcopal Church, 
Chapel Hill. 

Committee Assignments 

Chair, Children & Human Resources; Vice-Chair, Pensions & Retirement and Aging; 
Member, Agnculture/Environment/Natural Resources, Appropriations/Base Budget, 
Appropriations on General Government, Judiciaiy 11, Rules and Operations of the 
Senate and Rural Development. 



442 



THE STATE LEGISLATURE 



CHAPTER FIVE 





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Howard N.Lee 

Democrat, Orange County 

Sixteenth Senatorial District: Chatham, Moore, 
Orange and Portions of Lee and Randolph 
counties 

Early Years 

Born July 28, 1934, in Georgia to Howard and 
Lou Tempie Barnes Lee. 

Educational Background 

B.A. m 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. 

Political Activities 

Member, N.C. Senate, 1990-94 and 1997-Present; Mayor, Chapel Hill, 1969-75. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Chapel Hill Chamber of Commerce; Chapel Hill Rotary Club; National Association 
of Social Workers. 

Elective and Appointed Boards and Commissions 

Board of Directors, Durham-Chapel Hill Centura Bank; Board of Directors and 
Executive Committee, Southern Regional Education Board; Board of Directors, 
National Board for Professional Teaching Standards. 

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. 

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. 

Personal 

Married to Lillian Wesley Lee; Three children. Two grandchildren. Member, Olin T. 
Binkley Memorial Baptist Church, Chapel Hill. 

Committee Assignments 

Chair, Appropriations/Base Budget; Vice-Chair, Commerce, Education/Higher 
Education, Transportation; Member, Finance, Information Technology, Judiciary 
11, Redistricting and Ways and Means. 



443 




NORTH CAROLINA MANUAL 2001-2002 

Jeanne Hopkins Lucas 

Democrat, Durham County 

Thirteenth Senatorial District: Durham, 
Granville and Portions of Person and Wake  
counties 

Early Years 

Born m Durham, Durham County, on December 
25, 1935, to 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, Staff Development Center, Durham City Schools, 1977-91; President, N.C. 
Association of Classroom Teachers, 1975-76; French and Spanish Classroom 
Teacher, Durham City Schools, 1957-75. 

Political Activities 

Member (First African-American Female in N.C. Senate), N.C. Senate, 1993-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Delta Sigma Theta Sorority, Inc., (Past President); Member, Durham Chapter of 
Links, Inc., (Past President); Member, Durham Committee on the Affairs of Black 
People. 

Elective and Appointed Boards and Commissions 

UNC Board of Governors; State Health Coordinating Council; Domestic Violence 
Commission. 

Honors and Awards 

Inductee, Legacy of African American Leadership m the North Carolina General 
Assembly; Recipient, Luther "Nick" Jeralds Advocacy Award; Certificate of 
Appreciation, Commission on Fair Testing. 

Personal Information 

Married, William "Bill" Lucas. Member, Mount Gilead Baptist Church. 

Committee Assignments 

Chair, Appropriations on Education/Higher Education, Education/Higher Education; 
Vice-Chair, Children & Human Resources, Health Care, Ways and Means; Member, 
Agriculture/Environment/Natural Resources, Judiciary 1 and Redistricting. 



444 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Robert Lafayette Martin 

Democrat, Pitt County 

Sixth Senatorial District: Portions of 
Edgecombe, Martin, Pitt, Washington and 
Wilson counties 

Early Years 

Born in Bethel, Pitt County, on November 8, 
1912, to John Wesley and Lena Sessums Martin. 

Educational Background 

Oxford Orphanage High School, 1929; School 
of Electricity, Oxford Orphanage. 

Professional Background 

Retired Railroad Official, CSX Railroad. 

Political Activities 

Member, N.C. Senate, 1985-Present; Commissioner, Pitt County, 1956-1985; 
Mayor, Town of Bethel, 1951-1956. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Past President, Greenville Golden K; Bethel Rotary Club; Shriner; 32nd Degree Mason. 

Honors and Awards 

Public Service Award, 1995; Man of the Year, N.C. Association, 1982; Bethel Man 
of the Year, 1961. 

Personal Information 

Married to Sue Cooper Martin. Two children. Five grandchildren. Member, Bethel 
Missionary Baptist Church. 

Committee Assignments 

Chair, Appropriations on Natural and Economic Resources; Vice-Chair, Insurance 
and Consumer Protection; Member, Appropriations/Base Budget, Redistricting, Rules 
and Operations of the Senate, Transportation, Ways and Means. 



445 




NORTH CAROLINA MANUAL 2001-2002 

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&T State University, 1966; J.D., George 
Washington University School of Law, 1973. 

Professional Background 

Attornev at law. 

Political Acti\it\es 

Member, N.C. Senate, 1983-Present. 

BusinesslProfcssional, Charitable/Civic or Community Service 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. 

Boards and Commissions 

City of Greensboro Housing Commission, 1979-82; N.C. Historic Sites Advisory 
Committee, 1985-86; UNC Public Television Black Issues Eorum Program Advisory 
Committee, 1988-93. 

Personal Information 

Married, Patricia Yancey Martin. Two children. Member, Providence Baptist Church, 
Greensboro. 

Committee Assignments 

Chair, Appropriations on Health and Human Resources; Vice-Chair, Children & 
Human Resources, Health Care, Redistricting; Member, Agriculture/Environment/ 
Natural Resources, Appropriations/Base Budget, Education/Higher Education, 
Judiciary II. 



446 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Stephen Michael Metcalf 

Democrat, Buncombe 

Twenty-eighth Senatorial District: Buncombe, 
Burke, Madison, McDowell and Yancey coun- 
ties 

Early Years 

Born m Asheville, Buncombe County, to Edgar 
Byrd and Louella Crowder Metcalf. 

Educational Background 

Enka High School, Enka, N.C., 1968; B.A. m 
Political Science, Appalachian State University, 
1973; Masters m Public Administration, 
University of Tennessee-Knoxville, 1984. 

Professional Background 

University Administrator, Western Carolina University. 

Political Activities 

Member, N.C. Senate, 1998-Present. 

Business/Professional, Charitable /Civic or Community Service Organizations 

Board of Trustees, Asheville-Buncombe Technical Community College. 

Elective and Appointed Boards and Commissions 

Chair, N.C. Infrastructure Council; N.C. Progress Board; N.C. Film Council. 

Military Service 

E-4, 86''' Combat Support Hospital, U.S. Army, 1976-78. 

Honors and Awards 

2002 Legislator of the Year, North Carolina Association of Social Workers; 2002 
Legislator of the Year, North Carolina WildUfe Federation; 2001 Blue Skies Award, 
North Carolina Lung Association. 

Personal Information 

Married to Donna Ball Metcalf. One child. One grandchild. Baptist. 

Committee Assignments 

Chair, Redistricting and Rural Developmemt; Vice-Chair, Rules and Operations of 
the Senate; Member, Appropriations on Natural and Economic Resources, 
Appropriations/Base Budget, Commerce, Finance, Insurance and Consumer 
Protection, Judiciary I. 



447 



NORTH CAROLINA MANUAL 2001-2002 

Brad Miller 

Democrat, Wake County 

Fourteenth Scnaioyial District: Portions of 
Johnston and Wake counties 

Early Years 

Born in Fayetteville on May 19, 1953, to Nathan 
Da\id Miller and Martha Hale Miller. 

Education 

Terry Sanford High School, Fayetteville, 1971; 
B.A. m 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 Injormation 

Married, Esther Hall. Member, Church of the Good Shepherd Episcopal. 

Committee Assignments 

Chair, Redistricting; Vice-Chair, Judiciary 11, State and Local Government; Member, 
Agriculture/Environment/Natural Resources, Appropriations on Information 
Technology, Appropriations/Base Budget, Finance, Health Care, Insurance and 
Consumer Protection. 




448 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Kenneth Ray Moore 

Republican, Caldwell County 

Twenty-Seventh Senatorial District: Alexander, 
Avery, Caldwell, Mitchell, Wilkes, Yadkin and 
Portions of Burke counties 

Early Years 

Born July 17, 1948, in Lenoir, Caldwell County, 
to 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.; Co-Owner and President, Mulberry 
HR, Inc. 

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. One child. Member, First United Methodist 
Church, Lenoir. 

Committee Assignments 

Ranking Minority Member, Pensions & Retirement and Aging; Member, 
Appropriations on Health and Human Services, Appropriations/Base Budget, 
Children and Human Resources, Commerce, Finance, Health Care, Judiciar}' 11 and 
Redistricting. 



449 




NORTH CAROLINA MANUAL 2001-2002 

Thomas LaFontine Odom,Sr. 

Democrat, Mecklenburg County 

Thiyty-jourth Senatorial District: Portions of 
Lincoln and Mecklenburg counties 

Early Years 

Born in Rocky Mount on April 18, 1938. 

Educational Background 

West Mecklenburg High School, 1956; attended 
Charlotte College, 1957; B.A., UNC-Chapel Hill, 
1960; L.L.B./J.D., School of Law, UNC-Chapel 
Hill, 1962. 

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). 

Business/Professional, Charitable/Civic or Community Service Organizations 

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

Elective and Appointed Boards and Commissions 

Board of Commissioners, Carolinas HealthCare Systems, 1987-Present; Board of 
Visitors, UNC-Charlotte; Board of Visitors, Johnson C. Smith University 

Honors and Awards 

2000 Legislator of the Year, Sirerra Club; 2000 Spirit Award, Mint Museum of Art; 
American Red Cross Certihcate ot Merit. 

Personal Information 

Married, Carmen Hooker Odom. 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, Redistricting, 
Transportation and Ways and Means. 



450 



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 m 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. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Member and Past President, Wingate College Patron Club; Member and Past 
President, Monroe-Union County Chamber of Commerce; National Federation 
Independent Business. 

Elective and Appointed Boards and Commissions 

Chan; Advisory Budget Commission; North Carolina Economic Development Board; 
Prevent Blindness. 

Honors and Awards 

1993 600 Award, Charlotte Motor Speedway; 1993 Outstanding Recognition, 
American Cancer Society; 1994 Honorary Doctorate of Humanities, Pfeiffer College. 

Personal Information 

Married, Dorothy Moser Plyler. Five children. Member, Benton Heights Presbyterian 
Church. 

Committee Assignments 

Chair, Appropriations/Base Budget; Member, Pensions & Retirement and Aging, 
Redistricting, Rules and Operation of the Senate, Transportation, Ways and Means. 



451 




NORTH CAROLINA MANUAL 2001-2002 

William Robert Purcell, MD 

Democrat, Scotland County 

Seventeenth Senatorial District: Anson, 
Montgomery, Richmond, Scotland, Union and 
Portions of Hoke and Stanly counties 

Early Years 

Born February 12, 1931, in Launnburg to 
Charles Augustus Purcell and Anna Meta 
Buchanan Purcell. 

Educational Background 

Launnburg High School, 1949; B.S. m Pre-Med, 
Davidson College, 1952; M.D., UNC School of 
Medicine, UNC-Chapel Hill, 1956. 

Professional Background 

Pediatrician, 1961-97 (retired). 

Political Activities 

Member, N.C. Senate, 1997-Present; Mayor, City of Laurinburg, 1987-97. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Past Chair, Scotland Memorial Hospital Medical Staff; President, Laurinburg-Scotland 
County Area Chamber of Commerce, 1977; Consulting Associate, Department of 
Pediatrics, Duke University Medical Center, 1986-97. 

Elective and Appointed Boards and Commissions 

Member, Board of Trustees, St. Andrews Presbyterian College, 1999-Present; 
Richmond Community College Foundation Board of Directors, 1994-Present; Co- 
Chair, North Carolina Study Commission on Aging, 2000-Present. 

Honors and Awards 

David Tayloe, Sr., Award m Community Pediatrics, N.C. Chapter, American Academy 
of Pediatrics and N.C. Pediatric Societ)', 1995; Distinguished Service Award, UNC 
School of Medicine, UNC-Chapel Hill, 1998; Honorary Associate in the Arts, 
Richmond Community College, 2000. 

Military Service 

Captain, 57th Field Hospital, U.S. Amiy Medical Corps, 1957-59; Reserv^es, 1959-61. 

Personal Information 

Mamed, Kathleen McClellan Purcell. Sbc children. Eleven grandchildren. Presbyterian. 

Committee Assignments 

Chair, Health Care; Vice-Chair, Children & Human Resources; Member, Appropriations/ 
Base Budget, Appropriations on Health and Human Resources, Commerce, Education/ 
Higher Education, Finance, Insurance & Consumer Protection. 



452 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Eric Miller Reeves 

Democrat, Wake County 

Fourteenth Senatorial District: Portions of 
Johnston and Wake counties 

Early Years 

Bom 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, Law Office of Eric Reeves. 

Political Activities 

Member, N.C. Senate, 1997-Present; Member, 
Raleigh City Council, 1993-96. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Advisory Panel, Z. Smith Reynolds Foundation. 

Elective and Appointed Boards and Commissions 

N.C. Capital Planning Commission; Government Operations Transportation 
Oversight Subcommittee. 

Honors and Awards 

1999 Distinguished Leader of the Year, Leadership Raleigh, Raleigh Chamber of 
Commerce; 1999 PubUc Leadership m Technology Award, NCEITA. 

Personal 

Married, Mary Morgan Reeves. One child. First Baptist Church. 

Committee Assignments 

Chair, Appropriations on Information Technology, Information Technology; Vice- 
Chair, Insurance and Consumer Protection; Member, Appropriations/Base Budget, 
Commerce, Finance. 



453 




NORTH CAROLINA MANUAL 2001-2002 

McDaniel "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 County, on July 17, 
1926, to W Lafayette and Bertha Jarrett Robinson. 

Educational Background 

Marion High School, 1943; B.S. m Education, Western Carolina University, 1950; 
M.A. m Administration, George Peabody University, 1951. 

Professional Background 

Retired Professor and Football Coach, Western Carolina University. 

Political Activities 

Member, N.C. Senate, 1998-Present; Chair, Jackson County Board of County 
Commissioners, 1996-98. 

Business/Professional, Charitahle/Civic or Community Sei-vice Organizations 

Board Member, Western North Carolina Tomorrow; N.C. Education Association; 
Chair, Advisory Committee, N.C. Wildlife Resources Commission, 1977-78. 

Boards and Commissions 

N.C. Wildhfe Resources Commission, 1978-84; N.C. Natural Heritage Commission. 

Military Sei-yice 

Gunners Mate 2^C, United States Navy Amphibious Forces, European Theatre 
(Normandy Invasion - D-Day), 1943-46; N.C. National Guard, 1953-56; U.S. 
Army Resei^es, Discharged as U' Lieutenant, 1956-57. 

Honors and Awards 

Western Carolina University Athletic Hall of Fame, 1989; 1994 Chair, Western N.C. 
Vance Avcock Gala; Conference and Distnct Football Coach of the Year, 1959 and 1966. 

Personal 

Married, Jean Williams Robinson. Three children. Three grandchildren. Sylva First 
Baptist Church. 

Committee Assignments 

Chair, State and Local Go\'ernment; Vice-Chair, Agriculture/Environment/Natural 
Resources; Member, Appropriations on Department of Transportation, Appropriations/ 
Base Budget, Education/Higher Education, Health Care, Judiciary Hand Redistncting. 



454 



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 

Dentist, Speciality Prosthodontist. 

Political Activities 

Member, N.C. Senate, 1997-Present; Former Member, Mecklenburg County 
Commission; Former Member, Matthevv^s Town Board. 

Personal Information 

Married, Theresa Fritscher Rucho. Two children. Member, Holy Trinity Greek 
Orthodox Cathedral. 

Committee Assignments 

Ranking Minority Member, Health Care; Member, Appropriations on Department 
of Transportation, Appropriations/Base Budget, Commerce, Education/Higher 
Education, Finance, Judiciary II, Rules and Operations of the Senate, Transportation. 



455 



NORTH CAROLINA MANUAL 2001-2002 




Larry Shaw 

Democrat, Cumberland County 

Forty-First Senatorial District: Portions of 
Cumberland County 

Early Years 

Bora July 15, 1949, m High Point, Guilford 
Countv, to Dorffus and Odessa Shaw. 

Educational Background 

WiUiam Penn High School, High Point, 1967; 
B.S., Alabama State University, 1972; Masters of 
Education, Alabama State University, 1974. 

Professional Background 

President and Chairman, Shaw Food Services 
Company, Inc. 

Political Activities 

Member, N.C. Senate, 1997-Present; Member, N.C. House, 1995-96. 

Business/Professional, Charitable/Civic or Community Service Organizations 

American Association of Minority Contractors; N.C. Association of Minority 
Businesses; National Business League, Fayetteville Chapter. 

Elective and Appointed Boards and Commissions 

Cumberland County Finance Authority Board; N.C. Small Business Advocacy 
Council; N.C. Capitol Building Authority 

Honors and Awards 

Honorary Doctor of Human Letters, Rock Hill College, 1984; Larry and Evelym 
Shaw Day declared m North Carolma by Gov. Hunt; Order of the Long Leaf Pme. 

Personal Information 

Married, Evelyn Oliver Shaw. Two children. 

Committee Assignments 

Chair, Transportation; Vice-Chair, Appropriations on Department of Transportation; 
Member, Agriculture/Environment/Natural Resources, Appropriations/Base Budget, 
Finance, Redistricting and Transportation. 



456 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Robert G.Shaw 

Republican, Guilford County 

Nineteenth Senatorial District: Portions of 
Davidson, Guilford and Randolph counties 

Early Years 

Born m 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). 

Elective and Appointed 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. 

Military Service 

U.S. Army Air Corps, 1943-46. 

Personal Information 

Married to Linda Owens Shaw. Two children. Six grandchildren. Member, Westover 
Church, Greensboro. 

Committee Assignments 

Vice-Chair, Finance; Ranking Minority Member, Judiciary II; Member, Commerce, 
Insurance and Consumer Protection, Pensions & Retirement and Aging, 
Transportation. 



457 



NORTH CAROLINA MANUAL 2001-2002 




Robert Charles Soles, Jr. 

Democrat, Columbus County 

Eighteenth Senatorial District: Brunswick, 
Cohimbus and Portions of Bladen and New 
Hanover counties 



Early Years 

Born m Tabor Qly, December 17, 1934, to Robert 
C. and Myrtle Norris Soles. 

Educational Background 

Tabor City High School, 1952; B.S. m Science and 
English, Wake Forest University 1956; J.D., UNC- 
Chapel Hill, 1959. 

Professional Background 

Attorney, Soles, Phip}3s, Ray & Prince. 

Political Activities 

Member, N.C. Senate, 1977-Present. N.C. House of Representatives, 1969-77. 

Business/Professional, Charitable/Civic or Community Service Organizations 

American and N.C. Bar Associations; American Trial Lawyers Association; N.C. 
Association of County Attorneys. 

Elective and Appointed Boards and Commissions 

Former President, Southeastern Community College Foundation; Southern Growth 
Policies Board; Former Trustee, UNC-Wilmington. 

Military Service 

Captain, U.S. Army Reserve, 1957-67. 

Personal Information 

Member, Tabor City Baptist Church. 

Committee Assignments 

Chair, Commerce; Vice-Chair, Finance, hisurance and Consumer Protection, 
Judiciary 1; Member, Information Technology Redistricting, Rules and Operations 
of the Senate, State and Local Government. 



458 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Albin B."A.B."SwindellJV 

Democrat, Nash County 

Tenth Senatorial District: Nash and Portions of 
Edgecombe, Halifax and Wilson counties 

Early Years 

Born m Lumberton, Robeson County, on October 
14, 1945, to Russell and Martha Easterling Swindell. 

Educational Background 

Gary High School, 1964; Heavy Equipment Operator 
Training, Wilson Technical Community College, 
1965; A. A., Sandhills Community College, 1970; 
Vocational Education Teacher Certification, N.C. State 
University, 1971. 

Professional Background 

Self-employed business consultant. 

Political Activities 

Member, N.C. Senate, 2001-Present. Member, Oxford City Council, 1981-85. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Vice-Chair, Nash Community College Trustees; Board of Directors, Operation 
Lifesaver NC; Board of Directors, Connect, Inc. 

Elective and Appointed Boards and Commissions 

N.C. Progress Board; Council for the Hard of Hearing and the Deaf; Commission 
on Aging. 

Military Service 

Private, U.S. Army, Honorably Discharged, 1967. 

Personal Information 

Married, Carolyn Ludlum Swindell. Three children. Member, Nashville Methodist 
Church. 

Committee Assignments 

Vice-Chair, Rural Development; Member, Appropriations on Natural and Economic 
Resources, Appropriations/Base Budget, Commerce, Education/Higher Education, 
Finance, Rules and Operations of the Senate, Transportation and Ways and Means. 



459 




NORTH CAROLINA MANUAL 2001-2002 

Scott E. Thomas 

Democrat, Craven County 

Third Senatorial District: Craven, Pamlico and 
Portions of Carteret counties 

Early Years 

Born m New Bern, Craven County, on July 19, 1966, 
to Joseph E. and Lmda Morris Thomas. 

Educational Background 

West Craven High School, Vanceboro, 1984; B.S. m 
Political Science, East Carolina University, 1988; J. D., 
N.C. Central University School of Law, 1992. 

Professional Background 

Attorney, Chesnutt, Clemmons, Thomas and Peacock. 

Political Activities 

Member, N.C. Senate, 2001-Present. Member, N.C. House of Representatives, 1999- 
2001; Assistant District Attorney 

Business/Professional, Charitable/Civic or Community Service Organizations 

Chamber of Commerce; Masonic Lodge; Past President, Vanceboro Volunteer Fire 
Department. 

Elective and Appointed Boards and Commissions 

N.C. Small Business Council. 1998-99. 

Personal Information 

Married, Sherri Nicols Thomas. Two children. Member, Holiness Church. 

Committee Assignments 

Vice-Chair, Judiciary II; Member, Agriculture/Environment/Natural Resources, 
Appropriations on Justice and Public Safety, Appropriations/Base Budget, Education/ 
Higher Education, Insurance and Consumer Protection, Redistrictmg, Rural 
Development and Transportation. 



460 



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 m 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. in 
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. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Greenville Rotary Club (Paul Harris Fellow); Board of Directors, Greenville Country 
Club; Board of Directors, Greenville Chamber of Commerce. 

Boards and Commissions 

Former Chair, Pitt County Health Board; Pitt County Airport Authority; Board of 
Directors, Branch Banking & Trust Company 

Military Service 

United States Air Force. 

Honors and Awards 

Building named Joan and Ed Warren Student Center, Pitt Community College; Pitt 
County Citizen of the Year Award, 1987; East Carolina University Alumni of the 
Year Award. 

Personal Information 

Married, Joan Braswell Warren. Member, First Christian Church. 

Committee Assignments 

Chair, Appropriations on General Government; Vice-Chair, Commerce, Education/ 
Higher Education; Member, Appropriations/Base Budget, Children and Human 
Resources, Health Care, Redistricting and Ways and Means. 



461 



NORTH CAROLINA MANUAL 2001-2002 




1^1 




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, Yance)^!!^, 1961; 
N.C. State University, 1962-63; B.S. m Business, 
UNC-Chapel Hill, 1968, Specialization m 
Accounting, 1969; Tax Specialist Course, 
University of lUmois-Champaign, 1970. 

Professional Background 

CPA, Hugh B. Webster, PA. 

Political Activities 

Member, N.C. Senate, 1995-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

AlCPA; NATP; Puritan CPast President). 

Personal Information 

Married, Patricia Ramey Webster. Two children. 

Committee Assignments 

Ranking Minority Member, State and Local Government; Member, Agriculture/ 
Environment/Natural Resources, Finance, hisurance and Consumer Protection, 
Judiciary 11 and Ways and Means. 



462 



THE STATE LEGISLATURE CHAPTER FIVE 




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. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Rotary Club; Masonic Lodge; Shrine Club. 

Elective and Appointed 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, Karen Kulbersh Weinstein. Two children. Two grandchildren. Jewish. 

Committee Assignments 

Chair, Rural Development; Vice-Chair, Appropriations on Natural and Economic 
Resources, Finance; Member, Agriculture/Environment/Natural Resources, 
Appropriations/Base Budget, Insurance and Consumer Protection, Pensions & 
Retirement and Aging, Ways and Means. 



463 




NORTH CAROLINA MANUAL 2001-2002 

Allen Hewitt Wellons 

Democrat, Johnston County 

Eleventh Senatorial District: Franklin County and 
Portions oj Johnston, Vance and Wilson counties 

Early Years 

Born March 12, 1949, in Smith field, Johnston County, 
to Elmer J., Jr., and Ruth Sanders Rose Wellons. 

Educational Background 

Smithfield High School, 1967; B.A. m Political Science, 
UNC-Chapel Hill, 1971; J. D., N.C. Central University, 
1975. 

Professional Background 

Attorney/Farm Manager, Wilkms & Wellons. 

Political Activities 

Member, N.C. Senate, 1996-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

N.C. Bar Association; Smithheld-Selma Chamber of Commerce; Greater Triangle 
Regional Leadership Council. 

Elective and Appointed 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, Elizabeth Hobgood Wellons. Three children. Member, St. Pauls Episcopal 
Church. 

Committee Assignments 

Chair, Insurance and Consumer Protection; Vice-Chair, Agriculture/Environment/ 
Natural Resources, Redistricting; Member, Appropriations/Base Budget, 
Appropriations on Education/Higher Education, Children and Human Resources, 
Finance, Judiciaiy 11 and Rural Development. 



464 



THE STATE LEGISLATURE CHAPTER FIVE 

Janet B. Pruitt 

Principal Clerk, N.C. Senate 

Early Years 

Born March 27, 1944, m Nash County to James R. (deceased) and Mane Joyner 
(deceased) Bryant. 

Educational Background 

Spring Hope High School, 1962; Business, East Carohna University, 1962-64. 

Professional Background 

Principal Clerk, N.C. Senate, 1997-Present; Supervisor of Senate Clerks, 1988-96; 
Committee Clerk, 1981-88; Personnel Analyst, Social Services Division, Department 
of Human Resources, 1966-73. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

American Society of Legislative Clerks and Secretaries; Former Member, Business 
and Professional Women. 

Personal Information 

Two children. Member, Holy Trinity Lutheran Church. 



465 



NORTH CAROLINA MANUAL 2001-2002 

Cecil R.Goins 

Sergeant at Arms, N.C. Senate 

Early Years 

Born in Southern Pines in 1926, to T. R. Goins and Marie Barrett Goins. i 

Educational Background 

West Southern Pmes 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 i 
Services; Retired Deputy U.S. Marshal, Inspector and Criminal Investigator, U.S. 
Marshals Service (25 years); Assistant Business Manager, Shaw University. I 

Political Activities \ 

Chair, Precinct #20, Raleigh; Pohtical Action Committee, RWCA. , 

Business/Professional, Charitable/Civic or Community Service Organizations 

Member, National Legislative Services and Security Association; Retired U.S. Marshals [ 
Association; Life Member, Alpha Phi Alpha Fraternity, Inc. ' 

Elective and Appointed Boards and Commissions 

Raleigh Civil Ser\'ice Commission; N.C. Private Protective Senice Board; Board of 
Directors, Meadowbrook Country Club. 

Military Service 

Enlisted, 2 years, Far East and Japan; M/Sgt., Europe and Germany; Five years active 
duty, 10 years reserve duty (Major). 

Personal Information 

Married, LaVerne C. Coins. Two children. Member, First Baptist Church. 



466 



THE STATE LEGISLATURE 



CHAPTER FIVE 



Michael Wade Morris 

chaplain, N.C. Senate 

Early Years 

Born in High Point, Guilford County, to Albert 
Wade and Evel>Ti Faye Burrows Morris. 

Educational Background 

Wade Hampton, Greenville, S.C.; B.A. in 
Religion, Gardner Webb College; Masters of 
Divinity, Southeastern Baptist Theological 
Seminary. 

Professional Background 

Associate Pastor, First Baptist Church, Raleigh. 

Political Activities 

Chaplain, N.C. Senate. 

Business/Professional, Charitahle/Civic or 
Community Service Organizations 

Kiwanis Club of High Point; Board, High Point Salvation Army; Habitat for 
Humnaity 

Personal Information 

Married, Noel LeGette. One child. First Baptist Church, Raleigh. 




467 



NORTH CAROLINA MANUAL 2001-2002 

2001-2002 N.C Senate Committees 

Agriculture/Environment/Natural Resources 

Chair: Albertson 

Vice-Chairs: GuUey, Horion, Robinson, Wellons 

Ranking Minonty Member: Hartsell 

Members: Bingham, Clodfelter, Cunningham, Garwood, Harris, Kinnaird, Lucas, William 
Martin, Miller, Odom, Lany Shaw, Thomas, Webster, Weinstein 

Appropriations/Base Budget 

Co-Chairs: Lee, Odom, Plyler 

Vice-Chairs: AUran, Forrester, Rand 

Members: Albertson, Ballance, Berger, Bingham, Carpenter, Carter, Clodfelter, 
Cunningham, Dalton, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, 
Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Robert Martin, William Martin, 
Metcalf, Miller, Moore, Purcell, Reeves, Robinson, Rucho, Larry Shaw, Swindell, 
Thomas, Warren, Weinstein, Wellons 

Appropriations on Department of Transportation 

Chair: Gulley 

Vice-Chair: Larry Shaw- 
Ranking Minonty Member: Carpenter 
Members: Berger, Hoyle, Robinson, Rucho 

Appropriations on Education/Higher Education 

Co-Chairs: Dalton, GaiTou, Lucas 

Vice-Chair: Carter 

Ranking Minority Member: Hartsell 

Members: Cunningham, Garwood, Wellons 

Appropriations on General Government 

Chair: Warren 

Vice-Chair: Harris 

Ranking Minonty Member: Allran 

Members: Kinnaird 



468 



THE STATE LEGISLATURE CHAPTER FIVE 

Appropriations on Health and Human Services 

Chair: William Martin 

Vice-Chair: Dannelly 

Ranking Minority Member: Forrester 

Members: Kerr, Moore, Purcell 

Appropriations on Information Technology 

Chair: Reeves 

Vice-Chair: Hagan 

Ranking Minority Member: Foxx 

Members: Miller 

Appropriations on Justice and Public Safety 

Chair: Jordan 

Vice-Chair: Ballance 

Ranking Minority Member: Bingham 

Members: Clodfelter, Rand, Thomas 

Appropriations on Natural and Economic Resources 

Chair: Robert Martin 

Vice-Chair: Weinstein 
Ranking Minonty Member: Horton 
I Members: Albertson, Metcalf, Swindell 

' Children and Human Resources 

'; Chair: Kmnaird 

I 

' Vice-Chairs: Dannelly, Lucas, William Martin, Purcell 

Ranking Minority Member: Forrester 

j_,, Members: Allran, Bingham, East, Foxx, Garrou, Hagan, Hams, Kerr, Moore, Phillips, 
Warren, Wellons 

Commerce 

Chair: Soles 

I Vice-Chairs: Ballentine, Hoyle, Lee, Warren 

Ranking Minority Member: Carpenter 

Members: Ballance, Berger, Carter, Dalton, Forrester, Foxx, Garrou, Hagan, Jordan, Kerr, 
Metcalf, Moore, Purcell, Rand, Reeves, Rucho, Robert Shaw, Swindell 






469 



NORTH CAROLINA MANUAL 2001-2002 

Education/Higher Education 

Co-Chairs: Carter, Dalton, Lucas 

Vice-Chairs: Dannelly, Garrou, Hartsell, Hoyle, Lee, Warren 

Ranking Minority Member: Allran 

Members: Bingham, Cooper, Cunningham, Forrester, Foxx, Garrou, Garwood, Gulley 
Hagan, Horton, Lucas, William Martin, Purcell, Robinson, Rucho, Swindell, Thomas 

Finance 

Co-Chairs: Hoyle, Kerr 

Vice-Chairs: Clodfelter, Robert Shaw, Soles, Weinstein 

Ranking Minonty Member: Allran 

Members: Albertson, Ballantine, Carrington, Carter, Dalton, Dannelly, Foxx, Garrou, 
Gulley Hagan, Harns, Hartsell, Lee, Metcalf, Miller, Moore, Purcell, Rand, Reeves, 
Rucho, Larr\^ Shaw, Swindell, Webster, Wellons 

Health Care 

Chair: Purcell 

Vice-Chairs: Lucas, William Martin 

Ranking Minority Member: Rucho 

Members: Dannelly, Forrester, Garwood, Hartsell, Miller, Moore, Robinson, Warren 

Information Technology 

Chair: Reeves 

Vice-Chairs: Garrou, Rand 

Ranking Minority Member: Horton 

Members: Allran, Carter, Clodfelter, Foxx, Gulley, Hagan, Hanis, Lee, Soles 

Insurance and Consumer Protection 

Chair: Wellons 

Vice-Chair: Harris, Robert Martin, Reeves, Soles 

Ranking Minonty Member: Ballantine 

Members: Ballance, Carpenter, Cunningham, East, Forrester, Garrou, Hagan, Hartsell, 
Hoyle, Jordan, Metcalf, Miller, Purcell, Rand, Robert Shaw, Thomas, Webster, 
Weinstein 



470 



THE STATE LEGISLATURE CHAPTER FIVE 

Judiciary I 

Chair: Clodfelter 

Vice-Chairs: Cunningham, Hartsell, Soles 

Ranking Minority Member: Carpenter 

Members: Albertson, Allran, Ballantine, Berger, Carrington, Carter, Gulley, Horton, Hoyle, 
Lucas, Metcalf, Rand, Wellons 

Judiciary 11 

Chair: Hagan 

\'ice-Chairs: Ballance, Dalton, Miller, Odom, Thomas 

Ranking Minority Member: Robert Shaw 

Members: Bingham, Forrester, Horton, Kerr, Kinnaird, Lee, William Martin, Moore, 
Robinson, Rucho, Webster 

Pensions & Retirement and Aging 

Chair: Hams 

Vice-Chair: Kinnaird 

Ranking Minority Member: Moore 

Members: Albertson, Berger, Carpenter, Clodfelter, Jordan, Odom, Plyler, Robert Shaw, 
Weinstein 

; Redistricting 

Co-Chairs: Ballance, Metcalf, Miller 

Vice-Chairs: Hagan, William Martin, Wellons 

Ranking Minority Member: Ballantine 

Members: Albertson, Camngton, Clodfelter, Dannelly Forrester, Foxx, Gulley, Harris, 
Hartsell, Hoyle, Jordan, Kerr, Lee, Lucas, Martin, Moore, Odom, Plyler, Rand, 
Robinson, Larr)^ Shaw, Soles, Thomas, Warren 

Rules and Operations of the Senate 

Chair: Rand 

Vice-Chairs: Carrington, Gulley, Metcalf 

Ranking Minority Member: Forrester 

Members: Albertson, Dalton, Horton, Hoyle, Jordan, Kinnaird, Robert Martin, Metcalf, 
Plyler, Rucho, Soles, Swindell 

Rural Development 

Co-Chairs: Metcalf, Weinstein 

471 



NORTH CAROLINA MANUAL 2001-2002 

Vice-Chairs: Albertson, Ballance, Swindell 

Ranking Mmoniy Member: Berger 

Members: Bmgham, Carpenter, Carter, Cunnmgham, Dalton, Harris, Jordan, Kerr, 
Kinnaird, Martin, Thomas, Wellons 

State and Local Government 

Chair: Robinson 

Vice-Chairs: Jordan, Miller 

Ranking Mmonty Member: Webster 

Members: Albertson, Ballance, Clodfelter, Garwood, Hartsell, Horton, Soles 

Transportation 

Chair: Larry Shaw 

Vice-Chairs: Carpenter, Gulley, Lee 

Ranking Mmonty Member: Garwood 

Members: Berger, Carrington, Carter, Cunningham, Garrou, Harris, Hartsell, Hoyle, 
Robert Martin, Odom, Plyler, Rand, Rucho, Robert Shaw, Swindell, Thomas 

Ways and Means 

Chair: Dannelly 

Vice-Chairs: Kerr, Lucas 

Ranking Minority Member: Allran 

Members: Albertson, Ballance, Ballantine, Berger, Carrington, East, Hoyle, Lee, Robert 
Martin, Odom, Plyler, Robinson, Swindell, Warren, Webster, Weinstein 



472 



THE STATE LEGISLATURE 



CHAPTER FIVE 



2001 N.C. House of Representatives 



officers 

Speaker 

Special Assistant to the Speaker 

Speaker Pro Tempore 

Majority Leader 

Minority Leader 

Majority Whips 

Minority Whip 

Joint Caucus Leader 

Principal Clerk 

Reading Clerk 

Sergeant at Arms 

Representatives 

Name 

Adams, Alma S. (D) 
Alexander, Martha B. (D) 
Allen, Gordon P (D) 
Allred, Cary D. (R) 
Arnold, Gene G. (R) 

' Baddour, Philip A., Jr. (D) 

, Baker, Rex L. (R) 

jBarbee, Bobby H., Sr. (R) 

; Barefoot, Daniel W. (D) 

J Earnhardt, Jeffrey L. (R) 

i Bell, Larry M.(D) 

i Black, James B. (D) 

I Blue, Daniel T., Jr. (D) 

' Blust, John M. (R) 
Bonner, Donald A. (D) 
Bowie, Joanne W (R) 
Boyd-Mclntyre, Flossie (D) 
Braswell, Jerry (D) (Resigned) 

liBridgeman, John D. (D) 
Brown, John W (R) 

iBrubaker, Harold J. (R) 

I Buchanan, Charles ¥. (R) 
Capps, J. Russell (R) 
Carpenter, Margaret M. (R) 
Church, Walter G., Sr. (D) 

: Clary Debbie A. (R) 



James B. Black 

W Pete Cunningham 

Joe Hackney 

Phihp Baddour 

Leo Daughtry 

Andrew T. Dedmon, Beverly Earle 

Frank Mitchell 

Senator Ken Moore 

Denise Weeks 



Robert R. Samuels 



District 

26th 

56th 

22nd 

25th 

72nd 

11th 

40th 

82nd 

44th 

81st 

87th 

36th 

21st 

27th 

87th 

29th 

28th 

97th 

76th 

41st 

38th 

46th 

92nd 

52nd 

47th 

48th 



County 

Guilford 

Mecklenburg 

Person 

Alamance 

Nash 

Wayne 

Stokes 

Stanly 

Lincoln 

Cabarrus 

Sampson 

Mecklenburg 

Wake 

Guilford 

Robeson 

Guilford 

Guilford 

Wayne 

Gaston 

Wilkes 

Randolph 

Mitchell 

Wake 

Haywood 

Burke 

Cleveland 



Address 

Greensboro 

Charlotte 

Roxboro 

Burlington 

Rocky Mount 

Goldsboro 

King 

Locust 

Lincolnton 

Concord 

Clinton 

Matthews 

Raleigh 

Greensboro 

Rowland 

Greensboro 

Jamestown 

Goldsboro 

Gastonia 

Elkin 

Asheboro 

Green Mountain 

Raleigh 

Waynesville 

Valdese 

Cherryville 



473 



NORTH CAROLINA MANUAL 2001-2002 



Representatives (continued) 

Name 

Coats, Lorene T. (D) 
Cole, E. Nelson (D) 
Cox, A. Leslie, Jr. (D) 
Crawford, James W, Jr. (D) 
Crawford, Mark ¥. (R) 
Creech, Billy J. (R) 
Culp, Arlie E (R) 
Culpepper, William T., Ill (D) 
Cunningham, W. Pete (D) 
Daughtry, N. Leo (R) 
Davis, Donald Spencer (R) 
Decker, Michael P. (R) 
Dedmon, Andrew Thomas (D) 
Dockham, Jerry C. (R) 
Earle, Beverly M. (D) 
Easterlmg, Ruth M. (D) 
Eddms, Rick L. (R) 
Edwards, Zeno L., Jr. (D) 
Ellis, J. Samuel (R) 
Esposito, Theresa H. (R) 
Fitch, Milton F, Jr. (D) 
Ford, Jimmie E. CD) 
Fox, Stanley H. (D) 
Gibson, Piyor A., Ill (D) 
Gillespie, Mitch (R) 
Goodwin, G. Wa}Tie (D) 
Grady W Robert (R) 
Gray, Lyons CR) 
GuUey Jim (R) 
Hackney, Joe (D) 
Haire, R. Phillip (D) 
Hall, John D. (D) 
Harrington, Michael (R) 
Hensley, Robert J., Jr. (D) 
Hiatt, William S. (R) 
Hill, Dewey L. (D) 
Hilton, Mark (R) 
Holliman, L. Hugh (D) 
Holmes, George M. (R) 



Disinct 


County 


Address 


35th 


Rowan 


Salisbury 


25th 


Rockingham 


Reidsville 


19th 


Lee 


Sanford 


22nd 


Granville 


Oxford 


51st 


Buncombe 


Black Mountain 


20th 


Johnston 


Clayton 


30th 


Randolph 


Ramseur 


86th 


Chowan 


Edenton 


59th 


Mecklenburg 


Charlotte 


95th 


Johnston 


Smithfield 


19th 


Harnett 


Erwin 


84th 


Forsyth 

J 


Walkertown 


48th 


Cleveland 


Earl 


94th 


Davidson 


Denton 


60th 


Mecklenburg 


Charlotte i 


58th 


Mecklenburg 


Charlotte 


65th 


Wake 


Raleigh 


2nd 


Beaufort 


Washington 


15th 


Wake 


Raleigh 


88th 


Forsyth 


Winston-Salem 


70th 


Wilson 


Wilson 


97th 


Wayne 


Goldsboro 


78th 


Granville 


Oxford 


33rd 


Montgomery 


Trov 


49th 


McDowell 


Marion 


32nd 


Richmond 


Rockingham 


80th 


Onslow 


Jacksonville 


39th 


Forsyth 


Wmston-Salem 


69th 


Mecklenburg 


Matthews 


24th 


Orange 


Chapel Hill 


52nd 


Jackson 


Sylva 


7th 


Halifax 


Scotland Neck 


76th 


Gaston 


Gastonia 


64th 


Wake 


Raleigh 


40th 


Surry 


Mount Airy 


14th 


Columbus 


Whiteville 


45 th 


Catawba 


Conover 1 


37th 


Davidson 


Lexington 1 


41st 


Yadkin 


Hamptonville J 



474 





THE STATE LEGISLATURE CHAPTER FIVE 


Representathes (continued) 








Name 


District 


County 


Address 


Howard, Julia C. (R) 


74th 


Davie 


Mocksville 


Hunter, Howard J., Jr. (D) 


5th 


Northampton 


Murfreesboro 


Hurley, John W (D) 


18th 


Cumberland 


Fayetteville 


Insko, Verla C. (D) 


24th 


Orange 


Chapel Hill 


jarrell, Mary L. (D) 


89th 


Guilford 


High Point 


Jeffus, Margaret M. (D) 


89th 


Guilford 


Greensboro 


Johnson, Linda R. (R) 


90th 


Cabarrus 


Kannapolis 


Justus, Larry T. (R) 


50th 


Henderson 


Hendersonville 


Kiser, Joe L. (R) 


45th 


Lincoln 


Vale 


Lucas, Marvin W (D) 


17th 


Cumberland 


Spring 1 ake 


Luebke, Paul (D) 


23rd 


Durham 


Durham 


McAllister, Mary E. (D) 


17th 


Cumberland 


Fayetteville 


McComas, Daniel E (R) 


13th 


New Hanover 


Wilmington 


McCombs, W Eugene (R) 


83rd 


Rowan 


Faith 


McLawhom, Marian N. (D) 


9th 


Pitt 


Grifton 


McMahan, W. Edwin (R) 


55th 


Mecklenburg 


Charlotte 


Michaux, Henry M., Jr. (D) 


23rd 


Durham 


Durham 


Miller, Paul (D) 


23rd 


Durham 


Durham 


Miner, David (R) 


62nd 


Wake 


Gary 


Mitchell, W Franklin (R) 


42nd 


Iredell 


Olm 


Morgan, Richard T. (R) 


31st 


Moore 


Pinehurst 


Morris, Amelia A.H. (R) 


18th 


Cumberland 


Fayetteville 


Nesbitt, Martin L., Jr. (D) 


51st 


Buncombe 


Asheville 


Nye, Edd (D) 


96th 


Bladen 


Elizabethtown 


Oldham, Warren Claude (D) 


67th 


Forsyth 


Winston-Salem 


Owens, William C, Jr. (D) 


1st 


Pasquotank 


Elizabeth City 


Pope, Art (R) 


61st 


Wake 


Raleigh 


Preston, Jean Rouse (R) 


4th 


Carteret 


Emerald Isle 


Ramsey, Liston B. (D) 


52nd 


Madison 


Marshall 


Rayfield, John M. (R) 


93rd 


Gaston 


Belmont 


Redwine, E. David (D) 


14th 


Brunswick 


Shallotte 


Rogers, Richard Eugene (D) 


6th 


Martin 


WiUiamston 


Russell, Carolyn B. (R) 


77th 


Wayne 


Goldsboro 


Saunders, Drew P (D) 


54th 


Mecklenburg 


Huntersville 


Setzer, Mitchell S. (R) 


43rd 


Catawba 


Catawba 


Sexton, Paul W, Sr. (R) 


73rd 


Rockingham 


Stoneville 


Sherrill, Wilma M. (R) 


51st 


Buncombe 


Asheville 


Shubert, Fern 


34th 


Union 


Marshville 


Smith, Ronald L. (D) 


4th 


Carteret 


Newport 



475 



NORTH CAROLINA MANUAL 2001-2002 



Representatives (continued) 

Name 

Starnes, Edgar V (R) 
Sutlon, Ronnie N. (D) 
league. Worthy B., Jr. (R) 
Thompson, Gregory J. (R) 
Tolson, Joe R (D) 
Tucker, Russell E. (D) 
Underhill, Alice G. (D) 
Wainwright, William L. CD) 
Walend, Trudi (R) 
Walker, R. Tracy (R) 
Warner, Edward Alexander (D) 
Warren, Edith D. (D) 
Warwick, Nurham O. (D) 
Weatherly John H. (R) 
Weiss, Jennifer (D) 
West, Roger (R) 
Willmgham, Shelly (D) 
Wilson, Gonstance K. (R) 
Wilson, W Eugene (R) 
Womble, Larry W (D) 
Wright, Thomas E. (D) 
Yongue, Douglas Y. (D) 



Distvict 


County 


Address 


91st 


Galdwell 


Granite Falls 


85th 


Robeson 


Pembroke 


25th 


Alamance 


Liberty 


46th 


Mitchell 


Spruce Pme 


71st 


Edgecombe 


Pinetops 


10th 


Duplm 


Pink Hill 


3rd 


Graven 


New Bern 


79th 


Graven 


Havelock 


68th 


Transylvania 


Brevard 


41st 


Wilkes 


Wilkesboro 


75th 


Gumberland 


Hope Mills 


8th 


Pitt 


Farmville 


12th 


Sampson 


Glmton 


48th 


Gleveland 


King's Mounram 


63rd 


Wake 


Gary 


53rd 


Gherokee 


Marble 


70th 


Edgecombe 


Rocky Mount 


57th 


Mecklenburg 


Gharlotte 


40th 


Watauga 


Boone 


66th 


Forsyth 


Winston-Salem 


98th 


New Hanover 


Wilmington 


16th 


Scotland 


Laurinburg 



476 



THE STATE LEGISLATURE 



CHAPTER FIVE 



N.C Speakers of the House 



Speakers of the House 


of Burgesses (Lt 


jwer House of the Colonial Asi 


iembly 


Representative 


County 


Assembly 




George Catchmaid 


Albemarle 


1666 




\alentine Bird 


Pasquotank 


1672 




Valentine Bird 


Pasquotank 


1673 




Thomas Eastchurch 


Unknown 


1675 




Thomas Cullen 


Chowan 


1677 




George Durant 


Currituck 


1679 




John Nixon 


Chowan 


1689 




John Porter 


Bath 


1697-98 




Wilham Wilkison 


Chowan 


1703 




Thomas Boyd 


Unknown 


1707 




Edward Mosely 


Chowan 


1708 




Richard Sanderson 


Currituck 


1709 




William Swann 


Currituck 


1711 




Thomas Snoden 


Perquimans 


1711-12 




Edward Moseley 


Chowan 


1715-16 




Edward Moseley 


Chowan 


1720 




Edward Moseley 


Chowan 


1722 




Edward Moseley 


Chowan 


1723 




Maurice Moore 


Perquimans 


1725-26 




lohn Baptista Ashe 


Beaufort 


1725-26 




lohn Baptista Ashe 


Beaufort 


1727 




Thomas Swann 


Pasquotank 


1729 




Edward Moseley 


Chowan 


1731 




Edward Moseley 


Chowan 


1733 




■Edward Moseley 


Chowan 


1734 




ivVilliam Downing 


Tyrrell 


1735 




William Downing 


Tyrrell 


1736-37 




vVilliam Downing 


Tyrrell 


1738-39 




ohn Hodgson 


Chowan 


1739-40 




ohn Hodgson 


Chowan 


1741 




Samuel Swann 


Onslow 


1742-44 




Samuel Swann 


Onslow 


1744-45 




^amuel Swann 


Onslow 


1746 




^amuel Swann 


Onslow 


1746-52 




:5amuel Swann 


Onslow 


1753-54 




ohn Campbell 


Bertie 


1754-60 




5amuel Swann 


Onslow 


1754-60 




|amuel Swann 


Onslow 


1760 










47 



NORTH CAROLINA MANUAL 2001-2002 



Specdiers of the House 


of Burgesses (Lower House of th 


Rcpn'senlativc 


County 


Assembly 


Samuel Swann 


Onslow 


1761 


Samuel Swann 


Onslow 


1762 


John Ashe 


New Hanover 


1762 


John Ashe 


New Hanover 


1764-65 


John Harv'ey 


Perquimans 


1766-68 


John Har\'ey 


Perquimans 


1769 


Richard Caswell 


Craven 


1770-71 


John Harvey 


Perquimans 


1773 


John Harvey 


Perquimans 


1773-74 


John Hawey 


Perquimans 


1775 


House of Commons 






Representative 


County 


Assembly 


Abner Nash 


Craven 


1777 


John Williams 


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 CApril) 


William Blount 


Craven 


1784 (October) 


Richard Dobbs Spaight 


Craven 


1785 


John B. Ashe 


Hahfax 


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 



478 



THE STATE LEGISLATURE 



CHAPTER FIVE 



House oj Commons (continued) 
Representative 
Stephen Cabarrus 
Stephen Cabarrus 
Stephen Cabarrus 
Stephen Cabarrus 
:|ohn Moore 
Joshua Grainger Wright 
Joshua Grainger Wright 
WiUiam Gaston 
Thomas Davis 
WilUam Hawkins 
Wilham Hawkins 
WilUam Miller 
vVilliam Miller 
vVilliam Miller 
lohn Craig 
Thomas Rufhns 
ames Iredell 
ames Iredell, Jr. 
James Iredell, Jr. 
Romulus M. Saunders 
lomulus M. Saunders 
fames Mebane 
!ohn D. Jones 
tUfred Moore 
Ufred Moore 
ohn Stanly 
bhn Stanly 
'ames Iredell, Jr. 
homas Settle 
Villiam J. Alexander 
L^harles Fisher 
harles Fisher 
-ouis D. Henry 
^^illiam J. Alexander 
Villiam J. Alexander 
Villiam D. Haywood, Jr. Wake 
VVilliam H. Haywood, Jr. Wake 
William A. Graham 
v'illiam A. Graham 



County 


Assembly 


Chowan 


1802 


Chowan 


1803 


Chowan 


1804 


Chowan 


1805 


Lincoln 


1806 


New Hanover 


1807 


New Hanover 


1808 


Craven 


1808 


Cumberland 


1809 


Granville 


1810 


Granville 


1811 


Warren 


1812 


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 


Craven 


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 


Wake 


1835 


Wake 


1836-37 


Orange 


1838-39 


Orange 


1840-41 



479 



NORTH CAROLINA MANUAL 2001-2002 



House of Commons (continued) 



Representative 


County 


Assembly 


Robert B. Gilliam 


Granville 


1840-41 


Clavin Graves 


Caswell 


1842-43 


Edward Stanly 


Beaufort 


1844-45 


Edward Stanly 


Beaufort 


1846-47 


Robert B. Gilliam 


Granville 


1846-47 


Robert B. Gilliam 


Granville 


1848-49 


James C. Dobbs 


Cumberland 


1850-51 


John Baxter 


Henderson 


1852 


Samuel P Hill 


Caswell 


1854-55 


Jesse G. Shepherd 


Cumberland 


1856-57 


Thomas Settle, Jr. 


Rockingham 


1858-59 


William T. Dortch 


Wayne 


1860-61 


Nathan N. Fleming 


Rowan 


1860-61 


Robert B. Gilliam 


Granville 


1862-64 


Richard S. Donnell 


Beaufort 


1862-64 


Marmaduke S. Robbms 


Randolph 


1862-64 


Richard S. Donnel 


Beaufort 


1864-65 


Samuel E Phillips 


Orange 


1865-66 


Rufus Y. McAden 


Alamance 


1866-67 


House of Representatixes 




Representative 


County 


Assembly 


Joseph W. Holden 


Wake 


1868 


Joseph W. Holden 


Wake 


1869-70 


Thomas J. Jarvis 


Tyrrell 


1870 


James L. Robinson 


Macon 


1872 


James L. Robinson 


Macon 


1874-75 


Charles Price 


Davie 


1876-77 


John M. Moring 


Chatham 


1879 


Charles M. Cooke 


Eranklin 


1881 


George M. Rose 


Cumberland 


1883 


Thomas M. Holt 


Alamance 


1885 


John R. Webster 


Rockingham 


1887 


Augustus Leazar 


Iredell 


1889 


Rufus A. Doughton 


Alleghany 


1891 


Lee S. Overman 


Rowan 


1893 


Zeb V Walser 


Davidson 


1895 


A.E Hileman 


Cabarrus 


1897 


Henry G. Connor 


Wilson 


1899-1900 


Walter E. Moore 


Jackson 


1901 



480 



THE STATE LEGISLATURE 



CHAPTER FIVE 



House of Representatives (continued) 



Representative 


County 


Assem. 


9ly 


S. M. Gattis 


Orange 


1903 




Owen H. Guion 


Craven 


1905 




E. J. Justice 


Guilford 


1907 




A. W. Graham 


Granville 


1909 




W. C. Dowd 


Mecklenburg 


1911 




George Connor 


Wilson 


1913 




Emmett R. Wooten 


Lenoir 


1915 




Walter Murphy 


Rowan 


1917 




Dennis G. Brummitt 


Granville 


1919 




Harry P. Grier 


Iredell 


1921 




John G. Dawson 


Lenoir 


1923-24 


Edgar W. Pharr 


Mecklenburg 


1925 




Richard T. Fountain 


Edgecombe 


1927 




A. H. Graham 


Orange 


1929 




WilUs Smith 


Wake 


1931 




R. L. Harris 


Person 


1933 




Robert Johnson 


Pender 


1935- 


36 


R. Gregg Cherry 


Gaston . 


1937 




D. L. Ward 


Craven 


1939 




0. M. Mull 


Cleveland 


1941 




John Kerr, Jr. 


Warren 


1943 




Oscar L. Richardson 


Union 


1945 




Thomas J. Pearsall 


Nash 


1947 




Kerr Craig Ramsay 


Rowan 


1949 




W Frank Taylor 


Wayne 


1951 




Eugene T. Bost, Jr. 


Cabarrus 


1953 




Larry 1. Moore, Jr. 


Wilson 


1955- 


56 


James K. Doughton 


Alleghany 


1957 




Addison Hewlett 


New Hanover 


1959 




Joseph M. Hunt, Jr. 


Guilford 


1961 




H. Clifton Blue 


Moore 


1963 




H. Patrick Taylor, Jr. 


Anson 


1965- 


66 


David M. Britt 


Robeson 


1967 




Earl W Vaughn 


Rockingham 


1969 




Philip P Godwin 


Gates 


1971 




James E. Ramsey 


Person 


1973- 


74 


James C. Green 


Bladen 


1975- 


76 


Carl J. Stewart, Jr. 


Gaston 


1977- 


78 


Carl J. Stewart, Jr. 


Gaston 


1979-80 



481 



NORTH CAROLINA MANUAL 2001-2002 

House of Commons (continued) 

Representative County Assembly 

Liston B. Ramsey Madison 1981-82 

Listen B. Ramsey Madison 1983-84 

Liston B. Ramsey Madison 1985-86 

Liston B. Ramsey Madison 1987-88 

Josephus L. Mavretic Edgecombe 1989-90 

Daniel T. Blue, Jr. Wake 1991-94 

Harold J. Brubaker Randolph 1995-98 

James B. Black Mecklenburg 1999-Present 



482 



THE STATE LEGISLATURE 



CHAPTER FIVE 




James Boyce Black 

Speaker of the House 

Democrat, Mecklenburg County 

Thirty-Sixth Representative District: Portions of 
Mecklenburg County 

Early Years 

Born m Matthews, Mecklenburg County, on 
March 25, 1935, to Boyce James and 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; Minority Leader, 1995-98); Matthews Town 
Council, 1988. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Past President, Mecklenburg County Optometric Association, Past President, North 
CaroUna State Optometric Society; Matthews Optimist Club. 

Elective and Appointed Boards and Commissions 

Board Member, Mecklenburg County Mental Health Association; Board Member, 
Local Advisory Board, United CaroUna Bank; Board of Trustees, N.C. Optometric 
Society. 

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. 

Personal Information 

Married, Betty Clodfelter Black. Two children. Two grandchildren. Member, Matthews 
United Methodist Church. 

Committee Assignments 

The Speaker of the House appoints all committee memberships. 



483 




NORTH CAROLINA MANUAL 2001-2002 

Joe Hackney 

Speaker Pro-Tempore 

Democrat, Orange County 

Twenty-Fourth Representative District: 
Portions of Chatham and Orange counties 

Early Years 

Born m Siler City, Chatham County, on 
September 23, 1945, to Herbert Harold and 
Ida LiUian Dorsett Hackney 

Educational Background 

Silk Hope High School, 1963; N.C. State 
University, 1963-64; A.B. with Honors in 
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. 

Political Activities 

Member, N.C. House, 1981 -Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Orange County (Former President), N.C. and American Bar Associations; N.C. 
Academy of Trial Lawyers; Former President, 15th District Bar. 

Elective and Appointed Boards and Commissions 

Executive Committee, National Conference of State Legislatures; Co-Chair, 
Commission on Smart Growth, Growth Management and Development Issues 
Former Member, Joint Orange-Chatham Community Action, Inc. 

Honors and Awards 

1998 Outstanding Legislator, N.C. Academy of Trial Lawyers; 1998 and 1985, 
Governors Award, Legislator of the Year, N.C. Wildlife Federation; Recycling Merit 
Award, N.C. RecycLng Association, 1991. 

Personal Information 

Married, Betsy Strandberg Hackney Two children. Member, Hickory Mountain Baptist 
Church. 

Committee Assignments 

Chair, Judiciary 1; Vice-Chair, Redistricting, Rules, Calendar and Operations of the 
House; Member (Ex-ofhcio of all committees except Redistricting), Environment 
and Natural Resources. 



484 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Philip A. Baddour, Jr. 

^ House Majority Leader 

Democrat, Wayne County 

Eleventh Representative District: Portions of 
Lenoir and Wayne counties 

Early Years 

Born in Goldsboro, Wayne County, on August 
5, 1942, to Philip A. and Louise Farfour 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 & Grander. 

Political Activities 

Member, N.C. House of Representatives, 1992-93 and 1995-Present. 

Business/Professional, Charitable/ Civic or Community Service Organizations 

N.C. Bar Association; N.C. Academy of Trial Lawyers; Past President, Goldsboro 
Rotary Club. 

Elective and Appointed Boards and Commissions 

Board of Trustees, Wayne Community College, 1986-92; Wayne County Economic 
Development Commission, 1977-81 and 1985-92 (Chair, 1988-90); Goldsboro 
Area Chamber of Commerce (President, 1976-77; Board of Directors, 1974-77). 

Military Service 

Colonel, N.C. Army National Guard, HQ STARC; National Guard, 1967-99; Legion 
of Merit, Meritorious Service Award, N.C. Distinguished Service Award, Charles Dick 
Medal of Merit. 

Honors and Awards 

2001 Defender of Justice Award for Legislative Advocacy; 2000 Excellence in Public 
Service for Children Award, N.C. Pediatric Society; Distinguished Service Award as 
Outstanding Young Man of the Year, Goldsboro Jaycees, 1977 

Personal Information 

Married, Margaret Boothe Baddour. Three children. Member, St. Marys Catholic 
Church. 

Committee Assignments 

Chair, Judiciary II; Vice-Chair, Redistricting; Ex officio of all committees except 
Redistricting. 



485 




NORTH CAROLINA MANUAL 2001-2002 

Namon Leo Daughtry 

Republican, Johnston County 

Ninety-Fifth Representative District: Portions 
oj Johnston County 

Early Years 

Born December 3, 1940, in Newton Grove, 
Sampson County, to Namon Lutrell and Annie 
Catholeen Thornton Daughtry. 

Educational Background 

Hobbton High School, 1958; L.L.B., Wake 
Forest University, 1962; L.L.B., Wake Forest 
University School of Law, 1965. 

Professional Background 

Attorney, Daughtry, Woodard, Lawrence & 
Starling. 

Political Activities 

Member, N.C. House, 1993-Present CMajority Leader, N.C. House, 1995-1998; 
Minority Leader, N.C. House, 1999-Present); Member, N.C. Senate, 1989-92. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Smithheld Tobacco Board of Trade; Member, Board of Directors, Florence Cnttenton 
Ser\'ices. 

Elective and Appointed Boards and Commissions 

Board of Trustees, Meredith College; Board of Directors, Retail Merchants Association; 
Board of Directors, World Trade Center. 

Military Service 

Captain, U.S. Air Force, Europe, 1966-70. 

Personal Information 

Married, Helen Finch Daughtry Two children. Two grandchildren. Member, St. 
Pauls Episcopal Church, Smithfield. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Capital, Congressional 
Redistrictmg, Election Law and Campaign Finance Reform, Judiciar)- III. 



486 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Andrew Thomas Dedmon 

House Majority Whip 

Democrat, Cleveland County 

Forty-Eighth Representative District: 
Cleveland, Rutherford and Portions of 
Gaston and Polk counties 



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, Centur}' 21 Dedmon Properties. 

Political Activities 

Member, N.C. House, 1997-Present; President, Cleveland County Young Democrats. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Cleveland County Association of Realtors; Project Graduation; Cleveland Lodge 
#202 Scottish Rite. 

Elective and Appointed Boards and Commissions 

Cleveland County Planning Board; Cleveland County Land Use Task Force. 

Honors and Awards 

Top Five Young Democrats in North CaroHna, 1993. 

Personal Information 

Married, Lisa Pearson Dedmon. One child. Member, New Hope Baptist Church. 

Committee Assignments 

Chair, Highway Safety and Law Enforcement, Local Government 1; Vice-Chair, 
Legislative Redistricting; Member, Ex officio of all committees except Redistricting; 
Finance, Insurance, Transportation. 



487 



NORTH CAROLINA MANUAL 2001-2002 




Beverly Earle 

House Majority Whip 

Democrat, Mecklenburg County 

Sixtieth Representative District: Portions of 
Mecklenburg County 

Early Years 

Born m 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. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Women Legislators' Lobby (WILL); American Legislative Exchange Council; National 
Conference of State Legislators. 

Appointive and Elected Boards and Commissions 

Fannie Mac Housing Partnership; Institute of Medicine; Board ot Visitors, Johnson 
C. Smith University. 

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 

Personal Information 

One child; Member, Christ the King Episcopal Church. 

Committee Assignments 

Chair, Appropriations Subcommittee on Health and Human Services; Vice-Chair, 
Legislative Redistrictmg; Member, Ex officio of all committees. Aging, 
Appropriations, Appropriations Subcommittee on Capital, Health, Mental Health, 
Transportation, Travel and Tourism. 



488 



THE STATE LEGISLATURE 



CHAPTER FIVE 




William Franklin Mitchell 

House Minority Whip 

Republican, Iredell County 

Forty-Second Representative District: Portions 
of Iredell County 

Early Years 

Bom in Statesville, Iredell County, on July 26, 
1940, to Grady S. and Elsie Rash Mitchell. 

Educational Background 

Hampton High School, 1958; Tool- Making, 
Newport News Shipbuilding Apprentice School, 
1964. 

Professional Background 

Farmer, Owner of Mitchell Machme Co. 

Political Activities 

Member, N.C. House, 1993-Present; Iredell County Commissioner, 1990-92. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Olin Masonic Lodge No. 226; N.C. Citizens for Business and Industry. 

Elective and Appointed Boards and Commissions 

Statesville Airport Commission, 1990-92; Iredell County Fire Commission, 1990- 
92; Iredell County Jury Commission, 1988-90. 

Personal Information 

Married, Gayle Johnson Mitchell. Five children. Two grandchildren. Member, St. 
Johns Lutheran Church. 

Committee Assignments 

Member, Agriculture, Appropriations, Appropriations Subcommittee on Natural 
and Economic Resources, Children, Youth and Families, Congressional Redistricting, 
Cultural Resources, Environment and Natural Resources. 



489 



NORTH CAROLINA MANUAL 2001-2002 




Alma S.Adams 

Democrat, Guilford County 

Twenty-Sixth Representative District: Portions 
of Guilford County 

Early Years 

Born m 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. m Art Education/ 
Mukicukural Education, Ohio State University, 
1981. 

Professional Background 

Professor of Art, Bennett CoUege. 

Political Activities 

Member, N.C. House, 1994-Present; Greensboro City Councd, 1987-94; 
Greensboro City School Board, 1984-86. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

African American Atelier, Inc.; Life Member, Greensboro Branch, NAACP; United 
Arts Council of Greensboro. 

Elective and Appointed Boards and Commissions 

N.C. Women's Legislative Caucus, 1999-2000; Eoundmg Board Member, the 
American Legacy Eoundation; Chair, Guilford Delegation, 2000-02. 

Honors and Awards 

2000 Distinguished Women of North Carolina; Distinguished W.K. Kellogg Fellow, 
1990-93; Woman of Achievement m the Arts, 1992. 

Personal Information 

Two children. Two grandchildren. Member, New Zion Missionary Baptist Church. 

Committee Assignments 

Vice-Chair, Cultural Resources; Member, Appropriations, Appropriations 
Subcommittee on General Government, Congressional Redistricting, Local 
Government I, State Government. 



490 



THE STATE LEGISLATU RE 



CHAPTER FIVE 




Martha Bedell Alexander 

I Democrat, Mecklenburg County 

. Fifty-Sixth Representative District: Portions of 
Mecklenburg County 

Early Years 

Bom in Jacksonville, Florida, on August 30, 
1939, to Chester Bedell and Edmonia Hair Bedell. 

Education 

. Robert E. Lee School, Jacksonville Elorida, 1957; 

B.S. in Education, Florida State University, 1961; 

Master of Human Development and Learning, 
' UNC-Charlotte, 1979. 

Professional Background 

Housewife. 

Political Activities 

Member, N.C. House of Representatives, 1993- 
Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

World Service Council, YWCA; National Council on Alcoholism and Drug 
Dependence; Chair, Companion Diocese Committee, Episcopal Church. 

Elective and Appointed Boards and Commissions 

; Advisory Budget Commission; Joint Legislative Commission on Governmental 
• Operations; Joint Legislative Oversight Committee on Mental Health, Developmental 
, DisabiHties and Substance Abuse Ser\ices. 

j Honors and Awards 

2000 Legislator of the Year, Covenant with North Carolinas Children; Defender of 
j Justice, N.C. Justice and Community Development Center; 2000 Legislative Advocate 
I of the Year, NAADAC. 

Personal Information 

'• Married, James Frosst Alexander. Two children. Four grandchildren. Member, Christ 
Episcopal Church, Charlotte. 

Committee Assignments 

. Chair, Election Law and Campaign Finance Reform; Vice-Chair, Congressional 
Redistricting; Member, Children, Youth and Families, Economic Growth and 
Community Developent, Education, Education Subcommittee on Universities, 
Finance, Judiciary 1, Mental Health. 



491 




NORTH CAROLINA MANUAL 2001-2002 

Gordon Phillip Allen, Sr. 

Democrat, Person County 

Twenty-Second Representative District: 
Person and Portions of FranJdin, Granville, 
HaliJcDC, Vance and Warren counties 

Early Years 

Born m Roxboro, Person County, on Apnl 29, 
1929, to G. Lemuel and Sallie Wilkerson Allen. 

Educational Background 

Roxboro High School, 1947; A. A. m 
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. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Past Director, Independent Insurance Agents of North Carolina; Past President, 
Roxboro Kiwanis Club; Partners m Education. 

Elective and Appointed 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; 
Founding Chairman, Piedmont Community College (Board Member for 30 years). 

Military Service 

1st Lieutenant, 2nd Infantry Division, U.S. Army, 1951-53; Served m the Korean 
War; Awarded Bronze Star, Korean Service 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, 

Personal Information 

Married, Betsy Harris Allen. Five children. Seventeen grandchildren. Member, Long 
Memorial United Methodist Church. 

Committee Assignments 

Chair, Finance; Member, Education, Education Subcommittee on Community Colleges, 
Environment and Natural Resources, Legislative Redistrictmg, Rules, Calendar and 
Operations of the House, Transportation, University Board of Governors Nominating. 



492 



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 

Born February 7, 1947, in Mebane, Alamance 
County, to Maurice Frank and Rosa Etta Frances 
Sykes Allred. 

Educational Background 

Southern Alamance High School, 1965; B.A. in 
Social Science, Elon College, 1970; Graduate School, 
Davidson Community College and UNC-Greensboro, 1974-75. 

Professional Background 

Founder, President and CEO, EconoMed Pharmaceuticals, Inc. 

Political Activities 

Member, N.C. House, 1995-Present; Member, N.C. Senate, 1981-84; Alamance 
County Commissioner, 1984-94. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Former Member, Graham Jaycees; Former Member, Alamance County Heart 
Association; American Legion. 

Appointive and Elected Boards and Commissions 

Former Member, Alamance County Board of Health; Chair, Special Gifts, Alamance 
County Heart Association; Chair, Alamance Recycling and Solid Waste Commission. 

Military Service 

U.S. Navy, NATO Special Forces, 1967-68; U.S. Naval Reserves. 

Honors and Awards 

Guardian of Small Business, National Federation of Independent Businesses; 4-H 
Outstanding Alumnus Award for Alamance County; Free Enterprise Award for 
Alamance County, Graham Jaycees, 1979. 

Personal Information 

Married, Jean Brown Allred. One child. Christian. 

Committee Assignments 

Chair, Transportation, Ways and Means; Member, Appropriations, Appropriations 
Subcommittee on Capital, Financial Institutions, Health, Legislative Redistricting, 
Public UtiHties, Rules, Calendar and Operations of the House. 



493 




NORTH CAROLINA MANUAL 2001-2002 

Gene Grey Arnold 

Republican, Nash County 

Seventy-Second Representative District: 
Portions of Nash and Wilson counties 

Early Years 

Born 111 Rocky Mount, Edgecombe County, on 
December 31, 1936, to Jacob Harboard and 
Bessie Lee Pittman Arnold. 

Education 

Rocky Mount Senior High, 1955; UNC- 
Wilmington, 1956. 

Professional Background 

Retired Executive, Hardee s Food System, Inc. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Past President, Management Development Institute, UNC; UNC Executive Program; 
Fellow, N.C. Institute of Political Leadership.. 

Elective and Appointed Boards and Commissions 

Nash Community College Foundation Board; NC Wesleyan College Board of 
Visitors; Cities in Schools Advisory Board, Nash County. 

Personal Information 

Married, Lynne Shannon Arnold. Three children. Two grandchildren. Member, St. 
Andrews Episcopal Church. 

Committee Assignments 

Vice-Chair, Education Subcommittee on Community Colleges; Member, 
Appropriations, Appropriations Subcommittee on Capital, Education, Election Law 
and Campaign Finance Reform, Judiciar}' I. 



494 



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 
i Henry Ralph and Mary Elizabeth Slate Baker. 

Educational Background 

I King High School, 1956; B.B.A., Wake Forest 
i; College, 1963; M.B.A., UNC-Chapel Hill, 1965. 

I Professional Background 

Owner, King Foods, Inc. (President, 1989-Present); 
' Retired Executive, R.J. Reynolds. 

.Political Activities 

Member, N.C. House of Representatives, 1995-Present. 

1 Personal Information 

1 Married, Helen Virginia Wall. Two children. 

Committee Assignments 

i Member, Agriculture, Alcoholic Beverage Control, Appropriations, Appropriations 
Subcommittee on Information Technology, State Government. 




495 



NORTH CAROLINA MANUAL 2001-2002 




Bobby Harold Barbee, Sr. 

Republican, Stanly County 

Eighty-Second Representative District: Portions oj 
Cabarrus, Stanly and Union counties 

Early Years 

Born m Locust, Stanly County, on November 24, 
1927, to Relus W. and Joy Hartsell Barbee. 

Educational Background 

Graduate, Stanfield High School, 1945. 

Professional Background 

Owner, Barbee Insurance and Associates; Land 
development and home-buildmg with B.B.S. 
Construction. 

Political Activities 

Member, N.C. House of Representatives, 1987-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

President, West Stanly Colt Club, 1982-85; Former Member, Locust Elementary 
P.T.A. (President, 1964-66, 1984-85). 

Elective and Appointed Boards and Commissions 

Member, West Stanly High School Advisory Board, 1986-87; Member, Stanly County 
Community Schools Advisory Board, 1986-87; Board of Directors, Stanly Memorial 
Hospital Foundation, 1990-96. 

Military Service 

U.S. Army Air Force, 1945-47. 

Personal Information 

Married, Jacqueline Pethel Barbee. Five children. Nine grandchildren. Member, 
Carolina Presbyterian Church. 

Committee Assignments 

Vice-Chair, Insurance; Member, Appropriations, Appropriations Subcommittee on 
Transportation, Legislative Redistricting, Local Government II, Pensions and 
Retirement, UNC Board of Governors Nominating. 



496 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Daniel Wilson Barefoot 

Democrat, Lincoln County 

. Forty-Fourth Representative District: Portions of 
Gaston and Lincon counties 

Early Years 

Born m 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. 
in 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. 

' Business/Professional, Charitable/ Civic or Community Service Organizations 

Lmcolnton-Lmcoln County Chamber of Commerce; Past President, Lincoln County 
Bar Association; Past President, 27-B Judicial District Bar Association. 

Boards and Commissions 

; President-Elect, Lincoln County Chapter, North Carolina Synnphony; Chair, Board 
' of Directors, First Citizens Bank & Trust, Lincolnton; USS North Carolina Battleship 
, Commission. 

j Honors and AMrards 

1997 Governors Award for Outstanding Volunteer Service; 1998 North Carolina 
j Historian of the Year, N.C. Society of Historians; History Book Award (1996, 1997, 
1 1998), N.C. Society of Historians. 

[Personal Information 

; Married, Kay Anne Townsend Barefoot. One child. Member, First Presbyterian 
' Church of Lincolnton. 

Committee Assignments 

. Chair, Cultural Resources, Pensions and Retirement, Travel and Tourism; Vice- 
Chair, Judiciary III; Member, Appropriations, Appropriations Subcommittee on 
General Government, Education, Education Subcommittee on Universities, Rules, 
Calendar and Operations of the House. 



497 




NORTH CAROLINA MANUAL 2001-2002 

Jeffrey L Barnhart 

Republican, Cabarrus County 

Eighty -first Representative District: Portions of 
Cabarrus and Union counties 

Early Years 

Born in Waverly, New York, on March 5, 1956, 
to Fred Harrison and Mildred Lorraine Sjostrom 
Barnhart. 

Education 

Waverly High School, 1974; B.S. ni Industrial 
Technology, Southern Illinois University, 1981. 

Professional Background 

Self-employed, Cabarrus Fence Co., Inc. 

Political Activities 

Member, N.C. House of Representatives, 2001-Present; Member, Cabarrus County 
Board of Commissioners. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Cabarrus Regional Chamber of Commerce. 

Elective and Appointed Boards and Commissions 

Cabarrus County Economic Development Corporation, 1991-2000; Water & Sewer 
Authority of Cabarrus County, 1994-2000. 

Military Service 

E-4, Air Force Communications Command, U.S. Air Force, 1978-82. 

Personal Information 

Married, Jody L. Sprmgston Barnhart. Four children. Member, Crossroads United 
Methodist Church. 

Committee Assignments 

Vice-Chair, Transportation; Member, Appropriations, Appropriations Subcommittee 
on Education, Children, Youth and FamUies, Education, Education Subcommittee 
on Universities, Health, Rules, Calendar and Operations of the House, University 
Board of Governors Nominating. 



498 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Larry M. Bell 

Democrat, Sampson County 

i Ninety -seventh Representative District: Portions of 
I Duplin, Sampson and Wayne counties 

j Early Years 

j Born in Clinton, Sampson County, on August 18, 
'> 1939, to Johnny Moseley and Fannie Mae Boone 
! Bell. 

I Education 

, Douglass High School, Warsaw, 1957; B.S. in Social 

Studies and General Science, North Carohna A&T 
I State University, 1961; M.A m Education 
I Administration, North Carolina A&T State University 1976; Ed. S. in Education 

Administration, East Carolina University, 1983. 

Frojessional Background 

\ Retired 

I Political Activities 

' Member, N.C. House of Representatives, 2001 -Present; Member, Sampson County 
, Board of Commissioners, 1990-2001. 

I Elective and Appointed Boards and Commissions 

' Supervisor, Sampson County Schools, 1990-96; Board of Trustees, Sampson 
, Community College, 1980-90; Sampson-Duplm Mental Health Board, 1990-92. 

! Honors and Awards 

'< 2002 Excellence m Equity Award, NCAE, Inc.; 1998-99 Chairperson, Public Service 
Award, N.C. Council of Government; 1993 Administrator of the Year, N.C. 
Association of School Librarians. 

Personal Information 

One child. Two grandchildren. Member, Poplar Grove Baptist Church. 

Committee Assignments 

Vice-Chair, Agriculture; Member, Appropriations, Appropriations Subcommittee 
on Education, Education, Education Subcommittee on Pre-School, Elementary and 
Secondary Education, Highway Safety and Law Enforcement, Judiciary III, Mental 
Health, State Personnel. 



499 



NORTH CAROLINA MANUAL 2001-2002 




Daniel T. Blue, Jr. 

Democrat, Wake County 

Twenty-First Representative District: Portions of 
Wake County 

Early Years 

Born m Lumberion, Robeson County, on April 
18, 1949, to Daniel Terry, Sr., and Allene Morris 
Blue. 

Education 

Oak Ridge High School, Lumberton, 1966; B.S. 
m Mathematics, N.C. Central University, 1970; 
J.D., Duke University School of Law, 1973; 
Certificate, 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). 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Wake County Bar Association; N.C. Academy of Trial Lavv^'ers. 

Elective and Appointed Boards and Commissions 

Executive Committee, Board of Trustees, Executive Board, Center on Ethics in 
Government; Advisory Council, Association of Governing Boards of Universities 
and Colleges. 

Honors and Awards 

Joseph Branch Professionalism Award, Wake County Bar Association; Recipient of 
nine honorar)- degrees. 

Personal Information 

Married, Edna Smith Blue. Three children. Member, Davie Street Presbyterian Church. 

Committee Assignments 

Vice-Chair, Judiciary 1; Member, Appropriations, Appropriations Subcommittee on 
Transportation, Election Law and Campaign Finance Reform, Insurance, Legislative 
Redistricting. 



500 



THE STATE LEGISLATURE CHAPTER FIVE 




JohnM. Blust 

Republican, Guilford County 

Twenty -Seventh Representative District: Portions of 
Davidson and Guilford counties 

Early Years 

Born m Hamilton, Ohio, on June 4, 1954, to Gordon 
Charles and Barbara J. Brown Blust. 

Education 

Western Guilford High School, Greensboro, 1972; 
B.S. in Accounting and Business Administration, 
UNC-Chapel Hill, 1979; J.D., UNC School of Law, 
1983. 

' Professional Background 

Attorney. 

Political Activities 

Member, N.C. House, 2001-Present; Member, N.C. Senate, 1997-99. 

Elective and Appointed Boards and Commissions 

Member, Board of Directors, Guilford Mental Health Board; Vance Harner Scholarship 
Fund. 

Military Service 

Captain, 82nd Airborne, 2nd Infantry Division, U.S. Army 1982-85. 

 Personal Information 

 Member, Westover Church. 

Committee Assignments 

I Member, Education, Education Subcommittee on Universities, Finance, Judiciary 1. 



501 



NORTH CAROLINA MANUAL 2001-2002 




Donald Allen Bonner 

Democrat, Robeson County 

Eighty-Seventh Representative District: Portions of 
Hoke, Robeson and Scotland counties 

Early Years 

Born in Rowland, Robeson County, North Carolina 
on June 22, 1935, lo Ernest and Catherine G. McGirt 
Bonner. 

Educational Background 

Southside High School, Rowland, N.C, 1951; B.S. 

in Biolog>'/Physical Education, N.C. Central University, 

1955; M.S. m Physical Education, N.C. Central University, 1964; Ed. Specialist, 

East Carolina University 1982. 

Professional Background 

Retired Educator, Robeson County Public Schools. 

Political Activities 

Member, N.C. House, 1997-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Life Member, NAACP; N.C. Association of Retired School Personnel; Alpha Phi 
Alpha Fraternity. 

Elective and Appointed Boards and Commissions 

Advisory Board, Rowland Branch, Lumbee Guaranty Bank; Advisory Board, 
NCHSAA. 

Military Service 

Spec-4, Medical Corps, U.S. Army 1958-60. 

Honors and Awards 

Andre' Nadeau Educator of the Year Award, 1988; NCHSAA Hall of Fame, 1993. 

Personal Information 

Married, Elizabeth Parnell. One child. Member, New Hope United Methodist Church. 

Committee Assignments 

Chair, Education; Member, Agriculture, Appropriations, Appropriations 
Subcommittee on Education, Election Law and Campaign Finance Reform, judiciary 
III, Legislative Redistrictmg, State Government, University Board of Governors, 
Wildlife Resources. 



502 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Joanne W.Bowie 

Republican, Guilford County 

Twenty-Ninth Representative District: Portions of 
Guilford County 

Early Years 

Born m Terre Haute, Indiana, on June 18 to Phillip 
and lona Brown Walker. 

Education 

:B.A. in Fine Art, English, West Virginia University; 
M.S. in Communication- Visual Aides, West Virginia 
University. 

^Professional Background 

Retired Public Relations Specialist. 

Political Activities 

Member, N.C. House, 1989-Present; Greensboro City Council, 1977-88. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Greensboro Chamber of Commerce (Board of Directors, 1986); Mothers March, 
jMarch of Dimes (Chairman of Local March, 1974-75); Board of Directors, N.C. 
jRetail Merchants Association. 

Elective and Appointed Boards and Commissions 

State Board of Community Colleges, 1985-88; Governor's Appointee, 2001 
Transportation Commission, Governors Appointee, Rail Passenger Service Task 
JForce Committee, 1991. 

Honors and Awards 

il998, 1999 Woman of the Year, Guilford County Republican Women; 2000-2001 
.State Director, N.C. Foundation for Women Legislators, Inc.; 2000 Legislator of 
|the Year Avv^ard, N.C. Society of Eye Physicians and Surgeons. 

Personal Information 

sTwo children. Three grandchildren. Member, Saint Paul the Apostle Catholic Church, 
Greensboro. 

Committee Appointments 

Vice-Chair, Appropriations Subcommittee on Transportation; Member, 
Appropriations, Education, Education Subcommittee on Community Colleges, 
Environment and Natural Resources, Judiciary II, Ways and Means. 



503 




NORTH CAROLINA MANUAL 2001-2002 

Flossie Boyd-Mclntyre 

Democrat, Guilford County 

Twenty -Eighth Representative District: Portions 
of Guilford County 

Early Years 

Born m 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 LJniversity, 1960; M.A. m 
English & Literature, Northwestern University, 
1967; Ed.D. in English and Education, Rutgers 

University, 1975. 

Professional Background I 

Owner and President, American Classic Realty, Inc. 

i 

Political Activities 

Member, N.C. House, 1995-Present (Democratic Whip, 1997-98); First Vice-Chair, ' 

Legislative Black Caucus & Foundation, 1999-Present. 

I 
Business/Professional, Charitable/Civic or Community Service Organizations 

National Association of Negro Business and Professional Womens Clubs, High , 

Point, Senior Club (President, 1985-87); National Council of Teachers of English i 

(NCTE); Governing Member, National Womens Political Caucus. ' 

Elective and Appointed Boards and Commissions \ 

Director, Workforce Development Board; Director, Board of Management, Hayes- 
Taylor YMCA; Board of Directors, Student Enrichment Foundation. i 

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. i 

Personal Information \ 

Married, Charles Mclntyre. One child. One grandchild. Member, Bethel AME Church 
of Greensboro. i 

Committee Assignments \ 

Chair, Appropriations Subcommittee on Education, Children, Youth and Families; i 
Vice-Chair, UNC Board of Governors Nominating; Member, Appropriations,' 
Appropriations Subcommittee on Capital, Congressional Redistncting, Education,! 
Education Subcommittee on Universities, Ethics, Insurance, Judiciary I, Rules, 
Calendar and Operations of the House, Science and Technolog)'. 



504 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Harold James Brubaker 

j Republican, Randolph County 

Thirty-Eighth Representative District: Portions of 
Randolph and Guilford counties 

iEarly Years 

jiBorn in Mount Joy, Pennsylvania, on November 
111, 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 
I University, 1971. 

j Professional Background 

'President, Brubaker & Associates, Inc. 

Political Activities 

I Member, N.C. House of Representatives, 1977-Present (Speaker of the House, 1995- 
'98; House Minority Leader, 1981-84; Joint Caucus Leader, Republican Members 
lof the N.C. General Assembly, 1979-80); Co-Chairman, N.C. Reagan-Bush 
Committee, 1980; Delegate-at-Large, National Republican Convention, 1980, 1996 
land 2000. 

Business/Professional, Charitable/Civic or Community Service Organizations 

{Randolph County Farm Bureau; Grange; N.C. Holstein Association; 4-H Club leader 
: (Former President, N.C. Development Fund). 

 Honors and Awards 

'Outstanding Young Men in N.C, 1981; Outstanding 4-H Alumni of N.C, 1981; 
j Distinguished Service Award, 1981. 

,Personal Information 

Married, Geraldine Baldwin. Two children. Member, St. Johns Lutheran Church. 

Committee Assignments 

j Member, Appropriations, Appropriations Subcommittee on Capital, Ethics, Financial 
Institutions, Health, Insurance, Legislative Redistricting, Public Utilities, State 
Government. 



505 



NORTH CAROLINA MANUAL 2001-2002 




Charles Franklin Buchanan 

Republican, Mitchell County 

Forty-Sixth Representative District: Avery, Mitchell 
and Portions of Burke, Caldwell and Catawba coun- 
ties 

Early Years 

Born in Poplar, Mitchell County, on October 5, 1936, 
to Robert and Hattie Butler Garland Buchanan. 

Education 

Tipton High School; GED, 1958. 

Professional Background 

President and Owner, Poplar Creek Campground, Inc. 

Political Activities 

Member, N.C. House, 1985-92 and 1995-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations \ 

Spruce Pine Moose Lodge; VF.W; Oasis Shrine, Charlotte. i 

Elective and Appointed Boards and Commissions 

Mitchell County Board of Commissioners, 1978-82 CChair, 1981-82). i 

Military Service 

A/lc, 63rd Transport Squadron, U.S. Air Force, 1958-62; Reserves, 1962-64. ' 

Personal Information 

Member, Freewill Baptist Church. 

Committee Assignments 

Chair, Finance; Member, Agriculture, Congressional Districting, Cultural Resources,  
Finance, Financial Institutions, Health, Legislative Redistricting, Local Government 
1, Redistricting, Rules, Calendar and Operations of the House, Transportation, 
Wildlife Resources. 



506 



THE STATE LEGISLATURE 



CHAPTER FIVE 




J. Russell Capps 

Republican, Wake County 

Ninety-Second Representative District: Portions 
of Durham and Wake counties 

Early Years 

Born in Raleigh, Wake County, on February 26, 
1931, to Jasper D. "Jack" and Flora Starling Capps. 

Educational Background 

Hugh Morson High School, Raleigh, 1949; Radio/ 
Television Institute of Chicago, 1950; B.S. in 
Sociology, Wake Forest University, 1955; 
Southeastern Baptist Theological Seminary, 1957; 
City/County Government Administration, Institute 
of Government, 1969. 

Professional Background 

Retired. 

Political Activities 

Member, N.C. House, 1995-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Wake County Taxpayers Association (President, 1992-Present); Former Volunteer 
and Chief Fireman, Wake New Hope Volunteer Fire Department; President, Wake 
'. County Firemen's Association. 

• Elective and Appointed Boards and Commissions 

' Trustee, Radio/Television Commission; Southern Baptist Convention (eight years); 
I Board of Visitors, Southeastern Baptist Theological Seminary 

i Personal Information 

i Married Gayle McLaurm Capps of Fuquay-Varina. Two children. Member, Mid- 
Way Baptist Church, Raleigh. 

Committee Assignments 

Member, Finance, Highway Safety and Law Enforcement, Judiciary 111, Local 
Government II. 



507 



NORTH CAROLINA MANUAL 2001-2002 




Margaret M. Carpenter 

Republican, Haywood County 

Fifty-Second Representative District: Graham, 
Haywood, Jackson, Madison and Swain counties 

Early Years 

Born August 3, 1950, in Detroit, Michigan, to 
Joseph and Margaret Donnelly Birach. 

Educational Background 

Lamphere High School, Madison Heights, 
Michigan, 1968; B.S. in Special Education, 
University of Alabama, 1975; M. Ed, m Special 
Education, University of South Alabama, 1989; 
Coursework for Ph.D. m Instructional Design and 
Development, University of South Alabama, 1992-95. 

Professional Background 

State Legislator 

Political Activities 

Member, N.C. House, 2001 -Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

National Conference of State Legislators. 

Honors and Awards 

1994 Outstanding Ph.D. Student, Kappa Delta Pi; 1996-97 Whos Who in Education. 

Personal Information 

Married, Dale Richard Carpenter. One child. Eour grandchildren. Member, St. John 
Roman Catholic Church, Waynesville. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Education, Economic 
Growth and Community Development, Education, Education Subcommittee on 
Community Colleges, Mental Health. 



508 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Walter Greene Church, Sr. 

Democrat, Burke County 

Forty -Seventh Representative District: Portions of 
Burke County 

Early Years 

Born m Caldwell County, on June 30, 1927, to 
Anderson M. Church and Rosa Triplett Church. 

Educational Background 

Francis Garrou High, 1944-45; Amherst College, 
1945-46; Banking and Finance, University of 
Wisconsin, 1962-64. 

Professional Background 

Semi-retired. 

Political Activities 

Member, N.C. House, 1992-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Burke County Industrial Pollution Control Authority, Chair, United Fund. 

Elective and Appointed Boards and Commissions 

Board of Directors, Valdese Community Center; Member, Burke County Board of 
Elections; Former Member, S & L Commission, 1977-85 (Chair, 1984-85). 

Military Service 

Sgt. 1st Class, 8167^'^ AW, U.S. Army 1952-55, Far East Command. 

Honors and Awards 

Army Commendation Ribbon. 

Personal Information 

Married, Verta Burns Church. Two children. Three grandchildren. Member, 
Presbyterian Church. 

Committee Assignments 

Chair, Financial Institutions; Member, Appropriations, Appropriations Subcommittee 
on Health and Human Services, Election Law and Campaign Finance Reform, 
Legislative Redistricting, State Government. 



509 



NORTH CAROLINA MANUAL 2001-2002 





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Debbie A. Clary 

Republican, Cleveland County 

Forty-Eighth Representative District: Cleveland, 
Rutherford and Portions of Gaston and Polk 
counties 

Early Years 

Born in Shelby on August 29, 1959, to Steven B. 
(deceased) and Ann Clary. 

Educational Background 

Blacksburg High School, Blacksburg, S.C, 1977; 
Business Administration, Gardner Webb University, 
1977-80. 

Professional Background 

President, Millennium Marketing Group. 

Political Activities 

Member, N.C. House, 1995-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Cleveland Chamber of Commerce; N.C. Association of Broadcasters; Certihed 
Marketing Consultants. 

Elective and Appointed Boards and Commissions 

Life Enrichment Center; Board of Directors, Adventure House; Advisory Board, 
Gardner-Webb University. 

Honors and Awards 

Mental Health Advocate Award; Luther "Nick" Jeralds Au'ard; Home Care Legislator 
of the Year. 

Personal Information 

Member, Rock Springs Baptist Church. 

Committee Assignments 

Vice-Chair, Agmg; Member, Appropriations, Appropriations Subcommittee on 
Health and Human Services, Congressional Redistrictmg, Health, Judiciaiy 1, Science 
and Technology, Transportation. 



510 



THE STATE LEGISLATURE 



CHAPTER FIVE 




LoreneThomason Coates 

Democrat, Rowan County 

Thirty-Fifth Representative District: Rowan 
County 

Early Years 

Born in Rowan County to Junious Lamont and 
Mary Belle Hoffman Thomason. 

Educational Background 

Woodleaf High School, Woodleaf, 1954; Rowan- 
Cabarrus Community College. 

Professional Background 

Retired. 

Political Activities 

Member, N.C. House, 2001 -Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Rowan Helping Ministries; Altrusa Club of Salisbury 

Elective and Appointed Boards and Commissions 

N.C. Child Fatality Task Force; N.C. Public Health Commission. 

Honors and Awards 

. Outstanding Performance Award, USDA-ASCS-Ser\ace in the Southeast; Presidents 
Award, Helping Ministries Award; 

\Personal Information 

'Married, Floyd E. Coates. Two children. Three grandchildren. Member, Bethel 
i Lutheran Church. 

Committee Assignments 

j Vice-Chair, Education Subcommittee on Pre-School, Elementary and Secondary 
'Education; Member, Agriculture, Appropriations, Appropriations Subcommittee on 
Transportation, Education, PubUc Health, Public Utilities, State Government. 



511 




NORTH CAROLINA MANUAL 2001-2002 

Edward Nelson Cole 

Democrat, Rockingham County 

Twenty-Fifth Representative District: Alamance, 
Caswell and Portions of Orange and Rockingham 
counties 

Early Years 

Born m Charlotte, Mecklenburg County, on March 
29, 1937, to Marvin Reid Cole and Hazeline Cathey 
Cole. 

Educational Background 

North Mecklenburg High School, HuntersviUe, 
1955; B.S. in Business Administration, University 
of South Carolina, 1962. 

Professional Background 

Retired Auto Dealer. 

Political Activities 

Member, N.C. House, 1992-94 and 1996-Present. ' 

Business/Prof essioncd, Cliaritahle/Civic or Community Seiyice Organizations ^ 

N.C. Automobile Dealers Association; National Automobile Dealers Association; 
Past President, Reidsville Chamber of Commerce. 

Elective and Appointed Boards and Commissions 

Former Member, Board of Directors, United Way 

Honors and Awards 

2000 Legislator of the Year Award, N.C. Public Transportation Association. 

Personal Information 

Married, Libby Lewter Cole. Three children. Two grandchildren. Member, First 
Presbyterian Church. 

Committee Assignments 

Chair, Appropriations Subcommittee on Transportation, Economic Growth and 
Community Development; Member, Appropriations, Financial Institutions, Highway' 
Safety and Law Enforcement, Judiciary III, Transportation. , 



512 



THE STATE LEGISLATU RE 



CHAPTER FIVE 




A. Leslie Cox, Jr. 

Democrat, Lee County 

Nineteenth Representative District: Harnett, Lee 
and Sampson counties 

Early Years 

Born January 1, 1950, in Sanford, Lee County, to 
Albert L. and Jeanette W. (deceased) Cox. 

Educational Background 

Sanford Central High School, Sanford, 1968; B.A. 
in English Literature, North Carolina State 
University, 1972. 

Professional Background 

Insurance Sales, AFLAC and Bankingport, Inc. 

Political Activities 

Member, N.C. House, 1998-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Sanford Kiwanis Club, 1972-82; President, Friends of Lee County Library, 1985; 
President, Temple Theatre, Inc., 1989. 

Elective and Appointed Boards and Commissions 

Member, Board of Directors, N.C. State University Alumni Association, 1989-92; 
Member, Board of Directors, N.C. State University Humanities Foundation, 1986- 
92; Member, Local Board, First Citizens Bank. 

Honors and Awards 

1992 Distinguished Alumni Award, N.C. State University College of Humanities 
and Social Sciences Foundation. 

Personal Information 

Married to Joyce Cox. Two children. Member, St. Luke's United Methodist Church. 

Committee Assignments 

Chair, Pensions and Retirement; Vice-Chair, Agriculture, Environment and Natural 
Resources; Member, Congressional Redistricting, Education, Education 
Subcommittee on Community Colleges, Finance, State Government, Ways and 
Means. 



513 




NORTH CAROLINA MANUAL 2001-2002 

James W. Crawford, Jr. 

Democrat, Granville County 

Twenty-Eighth Representative District: Person 
and Portions oj Franklin, Granville, Halifax, 
Vance and Warren counties 

Early Years 

Born m Durham, Durham County, on Oclober 
4, 1937, to James Walker and Julia Brent Hicks 
Crawford. 

Educational Background 

Oxford High School, Oxford, 1956; B.S. ni 
hidustrial Relations, UNC-Chapel Hill, 1960. 

Professional Background 

Businessman and Developer; Partner, Crawford 
Properties. 

Political Activities 

Member, N.C. House, 1983-92 and 1995-Present; Oxford City Council. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

N.C. Mental Health Association; Education and Transportation Committees, N.C. 
Citizens for Business & Industiy; N.C. Retail Merchants Association. 

Elective and Appointed Boards and Commissions 

Board of Visitors, UNC-Chapel Hill; Vance-Granville Community College 
Foundation; Chair, Oxford Zoning Board of Adjustment. 

Military Service 

Lieutenant (j.g.), Operations Officer, U.S. Naw, 1960-62. 

Honors and Awards 

Distinguished Service Award; 2000 Legislator of the Year, N.C. Transportation 
Association; 1995 Outstanding Volunteer, McFarland-Edgerton Award, N.C. Mental 
Health Association. 

Personal Information 

Married, Harriet Coltrane Cannon Crawford. Three children. Seven grandchildren. 
Member, Oxford LJnited Methodist Church. 

Committee Assignments 

Chair, Appropriations Subcommittee on Transportation, Mental Health: Vice-Chair, 
Appropriations; Member, Appropriations Subcommittee on Capital, Education, 
Education Subcommittee on Universities, Health, Judiciary III, Legislative 
Redistncmg, Rules, Calendar and Operations of the House, Transportation, University 
Board of Governors Nominating. 



514 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Mark Crawford, Jr. 

Republican, Buncombe County 

Fifty-First Representative District: Buncombe 
County 

Educational Background 

CD. Owen High School, Swannanoa, 1978; B.S., 
United States MiUtary Academy, West Point, 1982. 

Professional Background 

Realtor, Coldwell Banker Carroll & Kasey. 

Political Activities 

Member, N.C. House, 2001-Present. 

Business/Professional, Charitable/Civic or 
Community Service Organizations 

N.C. Association of Realtors; Life Member, VFW; Life Member, AMVETS. 

Elective and Appointed Boards and Commissions 

Board of Visitors, Montreat College. 

Military Service 

Major, Air Defense Artillery, U.S. Army 1982-92; Reserves, 1992-Present.; Awarded 
Meritorious Service Award, Army Commendation Medal (3), National Defense Medal, 
Southwest Asia Service Medal (2), Kuwaiti Liberation Medal. 

Honors and Awards 

1982 Award, Order of Lafayette, Inc.; 2002 Wall of Fame Award, Leadership 
Institute; 1998 Outstanding Young Men of America. 

Personal Information 

Member, Montreat Presbyterian Church. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Health and Human 
Services, Economic Growth and Community Development, Education, Education 
Subcommittee on Pre-School, Elementary and Secondary Education, Judiciary III, 
Mental Health, PubHc Health, State Government. 



515 




NORTH CAROLINA MANUAL 2001-2002 

Billy James Creech 

Republican, Johnston County 

Twentieth Representative District: Portions oj 
Franklin, Johnston and Nash counties 

Early Years 

Born in Smithiicld, Johnston County, on March 
25, 1943, to Worley Ncvcllc and Geraldme 
Godwin Creech. 

Educational Background 

Wilsons Mills High School, 1962; Mount Olive 
College. 

Professional Background 

Owner and Operator. Specialty Lumber Company. 

Political Activities 

Member, N.C. House, 1989-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Southeastern Lumbermans Manufacturing Association; Member, Ducks Unlimited; 
Member, Keep Johnston County Beautiful, Inc. 

Elective and Appointed Boards and Commissions 

Community Resource Council, Johnston County Prison Unit; Farmers Home 
Administration (Chairman, 1985-86); Advisoiy Board, Bank of Pine Level. 

Military Service 

U.S. Army Resen'e. 

Personal Information 

Married, Donna Arrants Creech. Member, Christian Church (Disciples of Christ), 
Wilsons Mills. 

Committee Assignments 

Member, Alcoholic Beverage Control, Appropriations, Appropriations Subcommittee 
on Health and Human Services, Congressional Redistricting, Education, Education 
Subcommittee on Universities, Public Health and State Government. 



516 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Arlie Franklin Gulp 

Republican, Randolph County 

Thirtieth Representative District: Portions of 
Chatham, Guilford and Randolph counties 

Early Years 

Born m Badin, Stanly County, on April 9, 1926, to 
Arlie Franklin and Mary Eula Smith Gulp, Sr. 

Educational Background 

Badin Public Schools, 1942; A.B. m Chemistry, 
Catawba College, 1950; B.S. in Plant Science, A&T 
State University, 1976, 

Professional Background 

Retired. 

Political Activities 

Member, N.C. House, 1989-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Randolph Rotary Club (President, 1964-65); Co-Chair, Randolph County Mayors 
Committee for Disabled Persons; Randoplh Livestock and Poultry Association. 

Elective and Appointed Boards and Commissions 

Board of Directors, Natural Resources Leadership Institute; Board of Directors, 
Yadkin-Peedee Lakes Project; Consumer Advocacy Commission for the Blind. 

Military Service 

Seaman 1st Class, U.S. Naval Air Force, 1944-46, U.S. Navy; Good Conduct Medal. 

Honors and Awards 

1998 Outstanding Citizen Award, WO.W; Distinguished Service Award, Asheboro 
Jaycees, 1959. 

Personal Information 

Married, Daisy Mae Farlow Gulp (deceased). One child. Member, Jordan Memorial 
United Methodist Church. 

Committee Assignments 

Member, Aging, Agriculture, Appropriations, Appropriations Subcommittee on 
Natural and Economic Resources, Environment and Natural Resources, Legislative 
Redistricting, Rules, Calendar and Operations of the House, Transportation. 



517 



NORTH CAROLINA MANUAL 2001-2002 




William T. Culpepper, 

Democrat, Chowan County 

Eighty-Sixth Representative District: Chowan, 
Dare, Tyrrell and Portions of Perquimans and 
Washington counties 

Early Years 

Born in Elizabeth City, Pasquotank County, on 
January 23, 1947, to William T., Jr. and Shirley 
Perry Culpepper. 

Educational Background 

Elizabeth City High School, 1964; B.S. m 
History and Economics, Hampden-Sydney 
College, 1968; J.D., Wake Forest University, 
1973^ 

Professional Background 

La\v)'er; County Attorney, Chowan County, 1979-Present. 

Political Activities 

Member, N.C. House, 1993-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Edenton Rotary Club (President 1986-87); Edenton Historical Commission. 

Personal Information 

Two children. Member, St. Pauls Episcopal Church, Edenton. 

Committee Assignments 

Chair, Appropriations Subcommittee on Justice and Public Safely, Rules, Calendar 
and Operations of the House; Member, Appropriations, Congressional Redistncting, 
Emancial Institutions, Judiciaiy 11, Public Utilities, Redistricting. 



518 



THE STATE LEGISLATURE 



CHAPTER FIVE 




William Pete Cunningham 

Democrat, Mecklenburg County 

Fifty-Ninth Representative District: Portions of 
Mccklcnhurg County 

Early Years 

Born in Monroe, Union County, on November 11, 
1929. 

Educational Background 

Winchester Avenue High School; A.E. Certificate, 
Coyne Electronic Institute, 1950; Johnson C. Smith 
University, 1950-52; Business Law, Florida 
Extension, Charleston A.EB. 

Professional Background 

CEO, HKL, Inc, 1987-Present; President and Co-Owner, Hatchett and Cunningham 
Associates, 1973-84. 

Political Activities 

Member, N.C. House, 1987-Present (Minority Whip, N.C. House, 1995-96); Vice- 
Chair, N.C. Legislative Black Caucus, 1999-Present; Assistant to the Speaker, N.C. 
House of Representatives. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Life Member, NAACP; NAACP Legal Defense Fund; VFW 

Elective and Appointed Boards and Commissions 

Anita Stroud Foundation, 1982-Present (Chair, 1989-Present); Board of Directors, 
Charlotte Chamber of Commerce, 1980-82; Member, NCCJ, 1992-Present. 

Military 

Radioman 1st Class, U.S. Navy, Retired, 1972; Good Conduct Medal, ETO (American 
Defense), Outstanding Awards, Leadership Certificates. 

Personal Information 

Member, Parkwood CME Church. 

Committee Assignments 

Ex-officio member of all committees; Vice-Chair, Legislative Redistricting; Member, 
Congressional Redistricting, Redistricting. 



519 



NORTH CAROLINA MANUAL 2001-2002 




Donald Spencer Davis 

Republican, Harnett County 

Nineteenth Representative Distiiet: Harnett, Lee 
and Portions of Sampson counties 

Early Years 

Born m Hannibal, Missouri, on January' 19, 1930, 
10 Dean W and J. Featherstone Da\is. 

Educational Background 

Moberly, Missouri, High School, 1946; Attended 
University of Maryland and Austin Peay State 
Teachers College m Clarksville, Tennessee; 
Subsistence Technology School, Fort Lee, Virginia. 

Professional Background 

President and Chairman, Doii-Ron Military Marketing. 

Political Activities 

Member, N.C. House, 1995-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Secretary and Treasurer, Armed Forces Marketing Council; Dunn Rotary Club; VFW. 

Elective and Appointed Boards and Commissions 

National Board o^ Directors, American Logistic Association; Chair, Board of Trustees, 
Heritage Bible College, Dunn; Farm Labor Commission. 

Military Sei'vice 

Major, 82nd Airborne, 101st Airborne, 1st Cavalry Division, U.S. Army, 1946-66, 
Korea, Japan and Germany; Defense Personnel Support Center, Brooklyn, N.Y.; 
Department of the Army Accommodation Ribbon with Cluster; Department of 
Defense Accommodation Medal; Good Conduct Medal; Army Masters Parachutist 
Badee 

O 

Honors and Awards 

2000 Eagle of the Year, Eagle Forum; Numerous Sales Awards; Honorary Doctorate 
in Humanities, Heritage Bible College, 1995. 

Personal h^formation 

Married Kellon Hamilton Davis. Three children. Member, Antioch Pentecostal 
Freewill Baptist Church. 

Committee Assignments 

Member, Agriculture, Appropriations, Appropriations Subcommittee on 
Transportation, Congressional Redistrictmg, Environment and Natural Resources, 
Military, Veterans and Indian Affairs. 



520 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Michael Paul Decker, Sr. 

Republican, Forsyth County 

j Eighty-Fourth Representative District: Portions of 
j Forsyth and Guilford counties 

Early Years 

I Born in Red Bud, Illinois, on December 18, 1944, 
to Harvey and Maxine Parvin Decker. 

I Educational Background 

• Central High School, Cape Girardeau, Missouri, 
1962; Bachelor of Rehgious Education, Piedmont 
I Bible College, 1974; B.S. in Education, Winston- 
! Salem State University, 1976. 

Professional Background 

Teacher. 

Political Activities 

\ Member, N.C. House, 1985-Present. 

Business/Professional, Charitable/ Civic or Community Service Organizations 

Little League Baseball (Board of Directors, 1981-84, Secretary 1982-83, Coach, 
1979-81); Arthritis Foundation of Winston-Salem; Arthritis Foundation of North 
' Carolina. 

Military Service 

; E-5, Submarine Service, U.S. Navy, 1962-68; National Defense, Good Conduct 
; Medals. 

r 

, Honors and Awards 

I 1998 Friend of the Family; 1997 Pro-Life Legislator of the Year; 1992 Friend of the 
Taxpayer. 

Personal Information 

Married, Marlene Allen Decker. Three children. One grandchild. Member, Gospel 
Light Baptist Church, Walkertown. 

Committee Assignments 

Member, Congressional Redistricting, Election Law and Campaign Finance Reform, 
Finance, Judiciary II, Local Government I, Ways and Means. 



521 




NORTH CAROLINA MANUAL 2001-2002 

Jerry Charles Dockham 

Republican, Davidson County 

Ninety-Fourth Representative District: Portions 
of Davidson and Randolph counties 

Early Years 

Born in Demon, Davidson County, on March 
22, 1950, to Elwood Charles and Opal M. 
Coggin Dockham. 

Educational Background 

Denton High School, 1968; B.S. m Business, 
Wake Forest University, 1972. 

Professional Background 

Insurance and Inx^estments. 

Political Activities 

Member, N.C. House, 1990-Present; Former Chair, Davidson County Republican 
Party; Fellow, North Carolina Institute of Political Leadership. 

Business/Professional, Charitable /Civic or Community Service Organizations 

Fellow, Life Underwriting Training Council; Denton Lions Club (25-year member); 
Thomasville Area Chamber of Commerce. 

Elective and Appointed Boards and Commissions 

Trustee of Davidson County Community College, 1987-Present; Member, Board 
of Directors of Central Carolina Bank & Trust Co. 

Honors and Awards 

1999 Legislator of the Year, N.C. College of Emergency Physicians; 1998 Legislator 
of the Year, N.C. Association of Anesthesiologists; Myers-Honeycutt Award for 
Excellence in Public Sen'ice. 

Personal Information 

Married, Louise Skeen Dockham. Two children. Member, Central United Methodist 
Church. 

Committee Assignments 

Chair, Insurance; Vice-Chair, Congressional Redistrictmg; Member, Appropriations, 
Appropriations Subcommittee on Transportation, Education, Education 
Subcommittee on Pre-School, Elementary and Secondary Education, Financial 
Institutions, Highway Safety and Law Enforcement. 



522 



THE STATE LEGISLATURE CHAPTER FIVE 




Ruth M. Easterling 

Democrat, Mecklenburg County 

Fifty-Eighth Representative District: Portions 
of Mecklenburg County 

Early Years 

Born in Gaffney, South Carolina, on December 
1 26, 1910, to Benjamin Harrison and Lillie Mae 
i Crawley Moss. 

Educational Background 

Centralized High School, Blacksburg, S.C, 
1929; English, Math and History Limestone 
College, 1932; Post-graduate studies in Business 
Law, Personnel and Business Administration, 
'Queens College. 

Professional Background 

; Semi-Retired, Assistant to the President, Radiator Specialty Co. 

,Political Activities 

Member, N.C. House, 1977-Present; Charlotte City Council, 1972-73. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

I Womens Forum of N.C; Business and Professional Women (National President, 
'1970-71); League of Women Voters. 

 Elective and Appointed Boards and Commissions 

Ijoint Legislative Commission on Governmental Operations, 1991-94 and 1999- 
12002; Human Resources Committee, Southern Legislative Conference, 1991-94; 
Legislative Services Commission, 1987-88. 

Honors and Awards 

Honorary Doctor of Public Ser\ice, Limestone College, 1999; Honorary Doctor of 
JLaws, UNC-Charlotte, 2001; 2000 Silver Medallion Award, Charlotte Region, 
I National Conference for Community and Justice. 

i; 

Personal Information 

Member, First Baptist Church, Charlotte. 

Committee Assignments 

! Chair, Appropriations; Member, Children, Youth and Families, Pensions and 
Retirement, Public Health, State Personnel. 



523 



NORTH CAROLINA MANUAL 2001-2002 

Rick Louis Eddins 

Republican, Wake County 

Sixty-Fifth Rcpicscntativc District: Portions of 
Wake County 

Early Years 

Born m Raleigh, Wake County, on July 20, 
1953, to Herbert L. and Flonnie Young Eddins. 

Educational Background 

Vaiden Whitley High School; ECPI, 1972. 

Professional Background 

Property Management and Retail Furniture 
Business Owner. 

Political Activities 

Member, N.C. House, 1995-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

President, RolesviUe Business Association, 1993-94; National Management 
Association; Secretary and Treasurer, Wake Cross Roads Lake, Inc. 

Elective and Appointed Boards and Commissions 

Board Member, Wake Taxpayers Association; John Locke Foundation; Board of 
Directors, N.C. Victims Assistance Network. 

Military Service 

Armv National Guard. 

Personal Information 

Married to Sharon Long Eddins. Two children. Member, North Raleigh Methodist 
Church. 

Committee Assignments 

Member, Agriculture, Finance, Legislative Redistricting, Transportation, Ways and 
Means. 




524 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Zeno L Edwards, Jr. 

Democrat, Beaufort County 

\Second Representative District: Portions of 
iBeaujort, Craven, Hyde and Pitt counties 

Early Years 

Born in Washington, Beaufort County to Zeno 
|Lester, Sr. and Lucinda Sizemore Edwards. 

Educational Background 

iWashington High School, Washington, 1944; 
puke University, 1944 and 1946-48; D.D.S, 
[University of Maryland School of Dentistry, 
Il952. 

Professional Background 

'Retired Dentist. 

Political Activities 

;Member, N.C. House, 1993-96 and 1999-Present. 

iBusiness/Professional, Charitahle/Civic or Community Service Organizations 

American Dental Association; N.C. Dental Association; N.C. Society of Dentistry 
jfor Children. 

Elective and Appointed Boards and Commissions 

[Washington School Board. 

Military Service 

Petty Officer 3"' Class, Electronics, U.S. Navy, 1945-46; American Theater. 

Honors and Awards 

jCitizen of the Day, WNCT; FACD; Fellowship Academy General Dentistry. 

Personal Information 

Married to Rosemarie Wilson. Four children. Methodist. 

i 

Committee Assignments 

Chair, Public Health; Vice-Chair, Health; Member, Education, Education 

Subcommittee on Pre-School, Elementary and Secondary Education, Finance, Pubhc 

UtiUties. 



525 



NORTH CAROLINA MANUAL 2001-2002 

J.Sam Ellis 

Republican, Wake County 

Fifteenth Repvesentalive District: Portions of 
Wake County 

Early Years 

Born in Durham, Durham County, on April 30, 
1955, to Sam L. and Betty Hickman ElUs. 

Education 

Sanford Central High School, Sanford, 1974. 

Professional Background 

Electrical Contractor, 7-Electric. 

Political Activities 

Member, N.C. House, 1993-Present. 

Personal Information 

Married Cindy A. Harrell Ellis. Three children. Christian. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Capital, Congressional 
Redistricting, Judiciary 111, Local Government 1, State Personnel. 




526 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Theresa H. Esposito 

Republican, Forsyth County 

Eighty-Eighth Representative District: Portions 
of Forsyth County 

Early Years 

Born in Washington, D.C., on November 17, 
1930, to H. Richard and Marie Theresa Burke 
Harlow (both deceased). 

Educational Background 

I Saint CeciUas Academy, 1948; G.P.N. , National 
Institute of Practical Nursing, 1957; Additional 
Studies, Prince George Community College and 
Salem College. 

Professional Baclzground 

Former Federal Government Employee. 

Political Activities 

Member, N.C. House, 1985-Present (Mmority Whip, N.C. House, 1990 and 1991- 
92). 

Business/Professional, Charitable/Civic or Community Service Organizations 

Officers' Wives Club, U.S. Air Force; Winston-Salem Tennis, Inc.; Amos Cottage 
Guild, Bowman Gray School of Medicine, Wake Forest University. 

Elective and Appointed Boards and Commissions 

NCBH (Wake Forest University) Behavioral Health Board of Trustees; Public 
Relations Chair, National Federation of Republican Women; Board of Directors, 
Epilepsy Institute of North CaroHna. 

Honors and Awards 

2000, 1996 Legislator of the Year, Autism Society of North Carolina; 2000 Guardian 
of Small Business, National Federation of Independent Businesses; 2000 Legislative 
Award in the Area of Mental Retardation, SEAAMR. 

Personal Information 

Married, Brigadier General Alfred L. Esposito, U.S.A.F (Ret.). Three children. Seven 
grandchildren. Member, St. Leo the Great Catholic Church, Winston Salem. 

Committee Assignments 

Vice-Chair, Mental Health; Member, Appropriations, Appropriations Subcommittee 
on Health and Human Services, Education, Education Subcommittee on Universities, 
Ethics, Judiciary III, Legislative Redistricting. 



527 



NORTH CAROLINA MANUAL 2001-2002 

Milton F. Fitch, Jr. 

Democrat, Wilson County 

Resigned, December 29, 2001 

Seventieth Representative District: Portions oj 
Edgecombe, Nash and Wilson counties 

Early Years 

Born in Wilson, Wilson County, on October 20, 
1946, to Milton Frederick and Cora Whittcd 
Fitch. 

Education 

C.H. Dardcn High School, 1964; B.S., N.C. 
Central University, 1968; J.D., N.C. Central 
Uni\'ersity School of Law, 1972. 

Professional Background 

Attorney. 

Political Activities 

Member, N.C. House of Representatives, 1985-Present (Deputy House Minority 
Leader, 1997-98). 

Personal Information 

Member, Jackson Chapel Baptist Church, Wilson. 




528 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Stanley Harold Fox 

Democrat, Granville County 

Seventy -Eighth Representative District: Portions 
of Granville, Vance and Warren counties 

Early Years 

jlBorn in Oxford, Granville County, on January 7, 
il929, to Samuel H. and Minerva Berkowitz Fox. 

Educational Background 

|Oxford High School, 1945; Davidson College, 
1 1945; B.S. m Commerce, UNC-Chapel Hill, 1949. 

\ProJessional Background 

President; Fox & Associates; Telfor Radio 
Network; President, L & W Advertising; F-H-Y 

[Properties. 

ii 

[Political Activities 

: Member, N.C. House, 1995-Present; Oxford City Council, five years; Mayor Pro- 
|Tem of Oxiord, two years. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

; President, Granville County Chamber of Commerce; President, N.C. Merchants 
I Association; President, Oxford Jaycees. 

Elective and Appointed Boards and Commissions 

; Member, Executive Board, Southern Regional Education Board, 1995-97. 

: Honors and Awards 

j Distinguished Service Award, Junior Chamber of Commerce; Outstanding Jaycee 
I State Chairman Award; Kiwanis Citizenship Award. 

Personal Information 

Married, JoAnn Kousnetz Fox. Seven children. Member, Beth Meyer Synagogue. 

Committee Assignments 

Chair, Appropriations Subcommittee on Natural and Economic Resources; Member, 
Agriculture, Appropriations, Appropriations Subcommittee on Capital, 
Congressional Redistricting, Education, Education Subcommittee on Universities, 
Judiciary III, Local Government II, Travel and Tourism. 



529 



NORTH CAROLINA MANUAL 2001-2002 




Pryor Allan Gibson 

Democrat, Montgomery County 

Thirty-Thud Representative District: Portions of 
Anson, Montgomery and Stanly counties 

Early Years 

Born in Winston-Salem, Forsyth County, to Pryor and 
Maiy Pharr Gibson. 

Educational Background 

Bowman High School, Wadesboro, 1975; Biology 
and Chemistry, UNC-Wilmington, 1978; Engineering, 
UNC-Charlotte; Management, N.C. State University 

Professional Background 

Business, Non-Profit Manager. 

Political Activities 

Member, N.C. House of Representatives, 1989-91 and 1999-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

N.C. Economic Developers Association; NC CBl; NC FREE. 

Elective and Appointed Boards and Commissions 

Chair, Tourism Commission; Chair, Environmental Review Commission; Chair, 
State Employees Administrative Procedures.. 

Honors and Awards 

1990 Guardian ol Small Business, National Federation ot Independent Businesses; 
1989 Outstanding Young Democrat, Young Democrats of North Carolina; 1990 
Educators Award, NCAE. 

Personal Information 

Married to Barbara Bargcr Gibson. Two children. Presbyterian. 

Committee Assignments 

Chair, Alcoholic Bex'erage Control, Environment and Natural Resources; Member, 
Congressional Redistrictmg, Finance, Financial Institutions, Local Government I; 
Rules, Calendar and Operations of the House, Science and Technology, State 
Government, Transportation. 



530 



THE STATE LEGISLATURE 



CHAPTER FIVE 




'Robert Mitchell Gillespie 

Republican, McDowell County 

\Forty-Ninth Representative District: Portions 
lof Burke, McDowell and Yancey counties 

Early Years 

i|Born in Marion, McDowell County, to Billy 
iRobert and Helen Marie Loftis Gillespie. 

Educational Background 

McDowell High School, Marion, 1977; A.A.S. 
|in Civil Engineering, Wake Technical 
Community College, 1980. 

Professional Background 

jOwner, Gillespie Properties. 

Political Activities 

Member, N.C. House of Representatives, 1999-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

[McDowell County Chamber of Commerce; Yancey County Chamber of Commerce; 
; Pleasant Gardens Ruritan. 

Elective and Appointed Boards and Commissions 

jBoard of Trustees, McDowell Technical College; McDowell Economic Development 
[Authority; Priority Council for Economic Development for McDowell County. 

.Honors and Awards 

fSelected for Spring, 1988, Class of Fellows of the N.C. Institute of Political 
[Leadership. 

\Personal Information 

Married, Barbara Nell HoUiheld Gillespie. One step-child. Member, Pleasant Gardens 
Baptist Church. 

ICommittee Assignments 

Member, Aging, Appropriations, Appropriations Subcommittee on Capitol, 
Congressional Redistricting, Local Government 11, Mental Health, Transportation. 



531 



NORTH CAROLINA MANUAL 2001-2002 




George Wayne Goodwin 

Democrat, Richmond County 

Thirty-Second Rcpicscntalivc District: Richmond 
and Portions of Montgomoy and Scotland counties 

Early Years 

Born m Hamlet, Richmond County, North 
Carolina on Februaiy 22, 1967, to George Craig 
and Diane Riggan Goodwin. 

Educational Background 

Richmond Senior High School, Valedictorian, 
Rockingham, 1985; B.A. with Honors m Political 
Science, UNC-Chapel Hill, 1989; J.D., UNC- 
Chapel Hill School of Law, 1992. 

Professional Background 

Attorney, Goodwin Law Ottices. 

Political Activities 

Member, N.C. House, 1997-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

N.C. Academy of Trial Lawyers; Richmond County Chamber of Commerce; Dr. 
Martin Luther King, Jr., Celebration Steering Committee, Richmond County 

Elective and Appointed Boards and Commissions 

Joint Legislative Study Commission on Mental Health, Developmental Disabilities 
and Substance Abuse; Joint Legislative Study Committee on Low-Level Radioacti\'e 
Waste; Civil Litigation Study Commission. 

Honors and Awards 

John Motley Morehead Scholar, 1985-1989; N.C. Jaycees' Outstanding Young North 
Carolinian, 1994; A+ Legislator Award, NCAE, 1997-98. 

Personal Information 

Married, Melanie Wade Goodwin. Member, First United Methodist Church of 
Rockingham. 

Committee Assignments 

Chair, Judiciary 111; Member, Appropriations, Appropriations Subcommittee on 
Justice and Public Safety, Congressional Redistricting, Economic Growth and 
Community Development, Education, Education Subcommittee on Community 
Colleges, Election Law and Campaign Finance Reform, Judiciary HI, Military Veterans 
and Indian Affairs, University Board of Governors Nominating. 



532 



THE STATE LEGISLATURE 



CHAPTER FIVE 



\N, Robert Grady 

Republican, Onslow County 

lightieth Representative District: Portions of 
)nslow County 

tarly Years 

iporn in Jacksonville, Onslow County, on April 
J30, 1950, to William R. and Minnie Hurst Grady. 

Educational Background 

ijacksonville Senior High; UNC-Chapel Hill; 
Pampbell University. 

Professional Background 

jBusinessman. 

Political Activities 

Member, N.C. House of Representatives, 1987-Present; Jacksonville City Council, 
11981-87; Mayor Pro-Tern, City of Jacksonville, 1983-86. 

Honors and Awards 

(Distinguished Service Award, N.C. Association of Community College Trustees, 
;1997; Distinguished Service Award, N.C. Association of Educators, 1996; PoUtical 
Action Award, N.C. Victim Assistance Network, 1993. 

^Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Capital, Insurance, 
iLegislative Redistricting, Public Utilities. 




533 




NORTH CAROLINA MANUAL 2001-2002 

Lyons Gray 

Republican, Forsyth County 

Thiity-Ninlh Rcpycscnlalive Distiict: Poytkms 
oj Forsyth County 

Early Years 

Born in Winston-Salem on October 28, 1942, 
to Bowman, Jr., and Elizabeth Christian Gray. 

Educational Background 

Wooster School, Danbury, Connecticut, 1961; 
University of North Carolina, 1966. 

Professional Background 

Businessman. 

Political Activities 

Member, N.C. House, 1989-Present. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Director, Wmston-Salem Chamber of Commerce; Vice-Chair, Wmston-Salem Stale 
University Foundation; Director, Pee DeeA'adkm River Basin Commission. 

Elective and Appointed Boards and Commissions 

Vice-Chair, Wmston-Salem/Forsyth County Utilities Commission; Board of 
Directors, Bowman Gray School of Medicine; Joint Legislative Education Oversiglit 
Committee on Fiscal Trends and Budget Reform. 

Honors and Awards 

Governors Award, Legislator of the Year, N.C. Wildlife Federation, 1995; Chairman's 
Award, N.C. Nature Conservancy, 1995; Guardian of Small Business Award, National 
Federation of Independent Business, 1996. 

Military Service 

E-6, U.S. Coast Guard, 1964-65, U.S.; Theater, U.S., 1965-70. 

Personal Information 

Married, Constance Eraser Gray. Two children. Episcopalian. 

Committee Assignments 

Vice-Chair, Ethics; Member, Congressional Redistricting, Environment and Natural 
Resources, Finance, Highway Safety, Judiciary I, Science and Technology, University 
Board of Governors Nominating. 



534 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Jim Gulley 

Republican, Mecklenburg County 

Sixty-Ninth Representative District: Portions of 
Mecklenburg County 

Early Years 

:Born in Charlotte, Mecklenburg County, on May 10, 
1939, to Creighton Alexander and Mary Naomi Reid 
Gulley 

Educational Background 

East Mecklenburg High School, 1957; A.A. in Electrical 
Engineering, Charlotte College, 1961. 

Professional Background 

Retired.. 

Political Activities 

iMember, N.C. House of Representatives, 1997-Present; Commissioner, Town of 
[Matthews. 

Business/Professional, Charitable /Civic or Community Service Organizations 

iFormer Pop Warner Football Coach for MARA. 

Elective and Appointed Boards and Commissions 

JBoard of Directors, Matthews Volunteer Fire Department. 

\Personal Information 

(Married, Suzanne Hargett Gulley Two children. Four grandchildren. Member, First 
'Baptist Church, Matthews. 

'Committee Assignments 

'Chair, Wildlife Resources; Vice-Chair, Legislative Redistricting; Member, 
JAppropriations, Appropriations Subcommittee on Transportation, Education, 
(Education Subcommittee on Preschool, Elementary and Secondary Education, 
[Environment and Natural Resources, Judiciary III, Rules, Calendar and Operations 
,of the House, University Board of Governors Nominating. 



535 





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mi 


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1 



NORTH CAROLINA MANUAL 2001-2002 

Robert Phillip Haire 

Democrat, Jackson County 

Fifty-Second Representative District: Portions 
of Graham, Haywood, Jackson, Madison and 
Swain counties 

Early Years 

Born in Careua, WVa., to Herman E. and Pauline 
Jackson Haire. 

Educational Background 

Beaver Creek High School, West Jefferson; B.A. 
in History, UNC-Chapel Hill, 1958; J.D., 
UNC-Chapel Hill School of Law, 1961. 

Professional Background 

Attorne\'. 

Political Activities \ 

Member, N.C. House, 1999-Present. | 

Business/Professional, Charitable/Civic or Community Service Organizations 

N.C. Bar Association, N.C. Academy of Trial Lawyers, Jackson County Historical i 
Association. 

Elective and Appointed Boards and Commissions 

Board of Governors, University of North Carolina; Board of Trustees, Western 
Carolina University; Advisoiy Council, Eastern Band of the Cherokee Nation. 

Military Service 

Captain, 64"^ ADC, U.S. Air Force, 1962-65. 

Honors and Awards 

Distinguished Service Award, Jackson County Youth Sports; Chair, N.C. Conference 
of Bar Presidents; Distinguished Service Award, Jackson County Historical 
Association. 

Personal Information 

Married, Constance MuUinnix Haire. Three children. Four grandchildren. Member, 
First United Methodist Church of Svlva. 

Committee Assignments 

Chair, Appropriations Subcommittee on Justice and Public Safety; Vice-Chair, 
Education Subcommittee on Universities, Judiciary II; Member, Appropriations, 
Appropriations Subcommittee on Capital, Education, Legislative Redistricting, Local j 
Government II, University Board of Governors Nominating, Ways and N4eans. 



536 



THE STATE LEGISLATURE 



CHAPTER FIVE 




John D.Hall 

Democrat, Halifax County 

Iseventh Representative District: Portions of 

lEdgecombe, Halifax, Martin and Nash counties 

I 

Early Years 

iiBorn in Tarboro, Edgecombe County, to John 
land Marie Richardson Hall. 

Educational Background 

jScotland Neck High School, Scotland Neck, 
[l975; Lenoir Community College. 

[Professional Background 

iRadio Station Owner, Sky City Communications. 

Political Activities 

'Member, N.C. House, 2000-Present; Halifax County Commissioner, Scotland Neck 
ICity Council. 

^Business/Professional, Charitable/Civic or Community Service Organizations 

ITSIAACP; National Association of Black-Owned Broadcasters; NCAB. 

Elective and Appointed Boards and Commissions 

|Past Chair, Halifax County OSS. 

Personal Information 

Member, Shiloh Baptist Church of Scotland Neck. 

! 

'Committee Assignments 

fVice-Chair, Insurance; Member, Alcohohc Beverage Control, Appropriations, 

Appropriations Subcommittee on Justice and Pubhc Safety, Judiciary II. 



537 



NORTH CAROLINA MANUAL 2001-2002 

Michael Harrington 

Republican, Gaston County 

Seventy-Sixth Representative District: Portions 
of Gaston and Mecklenburg counties 

Early Years 

Born in Tucson, Arizona, on Dec. 31, 1955, to 
Gerald A. and Laura Black Harrington, Sr. 

Political Activities 

Member, N.C. House, 2001 -Present. 

Committees 

Appropriations, Appropriations Subcommittee 
on Information Technology, Financial 
Institutions, Science and Technology. 




538 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Robert J. Hensleyjr. 

Democrat, Wake County 

Sixty-Fourth Representative District: Portions of 
Wake County 

Early Years 

I Born in Marion, McDowell County, on June 23, 
J1947, to Robert J. and Lelia Wise Hensley, Sr. 

Educational Background 

;Cherryville High School, 1965; B.A. in History, 
iUNC-Charlotte, 1969; Graduate Work for M.A. 
jin Public Administration, N.C. State University, 
11973; J. D., N.C. Central University, 1976. 

Professional Background 

Attorney and Partner, Hensley, Bousman, Cargill & Bryant, PL.L.C. 

Political Activities 

i Member, N.C. House, 1991-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

N.C. Bar Association; N.C. Academy of Trial Lawyers; Wake County Academy of 
Criminal Trial Lawyers. 

{Elective and Appointed Boards and Commissions 

[Board of Directors, White Plains Children's Center; Board of Directors, Yates Mill 

I Restoration Project; Board of Directors, Rex Home Health Care. 

i 

[Honors and Awards 

J. Albert House/Gordon Gray Award (North Carolina's Most Outstanding Young 
Democrat), 1983. 

^Personal Information 

\ Married, Patricia E Grainger Hensley Three children. Member, First United Methodist 
Church. 

Committee Assignments 

Chair, State Personnel; Vice-Chair, Alcoholic Beverage Control; Member, 
Appropriations, Appropriations Subcommittee on Information Technology, 
Education, Education Subcommittee on Pre-School, Elementary and Secondary 
lEducation, Judiciary U, Local Government I, Pensions and Retirement, State 
Government, Wildhfe Resources, University Board of Governors Nominating. 



539 



NORTH CAROLINA MANUAL 2001-2002 




William S. Hiatt 

Republican, Surry County 

Fortieth Representative District: Alleghany, Ashe, 
Stokes, Surry and Watauga counties 

Early Years 

Born m Mt. Airy, Surry County, on February 15, 
1932, to David L. and Ethel M. Puckett Hiatt. 

Educational Background 

Flat Rock High School, Mt. Airy, 1949; B.S. in 
Physical Education, Brigham Young University, 
1953; Vocational Certification, N.C. State 
University, 1964; Post-Graduate Work on Masters 
in Administration, Appalachian State University; 
Government Executive Institute, UNC-Chapel Hill, 1985. 

Professional Background 

President and Secretary, Hiatt & Mason Enterprises, Inc. 

Political Activities 

Member, N.C. House, 1973-74, 1981-82 and 1995-Present. 

Business/Professioncd, Charitahlc/Civic or Community Service Organizations 

Region 2, American Association of Motor Vehicle Administrators (President, 1989- 
90; Vice-President, 1989; Treasurer, 1988; Secretary, 1987); American Legion. 

Elective and Appointed Boards and Commissions 

N.C. Advisoiy Committee lor Family-Centered Senices, 2000-Present; Commission 
on the Family, 1995; Co-Chair, Guardian Ad Litem Study Commission, 1997-98; 
Co-Chair, Drivers License Med. Rev. Stud Commission, 1997. 

Military Service 

Spec-4, 2151 Headquarters, U.S. Army 1953-55; Reserves, Five Years. 

Honors and Av^ards 

Order of the Long- Leaf Pine, 1990; Citation of Meritorious Semce Governor Holshouser, 
1973; Presidents Citation, Employaiient of the Handicapped, President Nixon. 

Personal Information 

Married, Rita R. Atkins Hiatt. Five children. Eleven grandchildren. Member, Church 
of Jesus Christ of the Latter-Day Saints. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Transportation, 
Children, Youth and Families, Education, Education Subcommittee on Preschool, 
Elementary and Secondary Education, Legislative Redistrictmg, Military, Veterans 
and Indian Affairs, Public Health, Wildlife Resources. I 



540 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Dewey Lewis Hill 

Democrat, Columbus County 

Fourteenth Representative District: Portions of 
Brunswick, Columbus, New Hanover and 
Robeson counties 

Early Years 

Born in Whiteville, Columbus County, on 
August 31, 1925, to Otto and Alatha Ward Hill. 

' Educational Background 

^Whiteville High School, 1943. 

! Professional Background 

j President and CEO, Hillcrest Corp. 

': Political Activities 

I Member, N.C. House of Representatives, 1993- 
I Present. 

[Business/Professional, Charitable/Civic or Community Service Organizations 

'N.C. Food Dealers Association; N.C. Whiteville Chamber of Commerce; National 

I Grocers Association. 

i 

^Elective and Appointed Boards and Commissions 

Director, Waccamaw Bank; President, Farmers Market of Columbus County; Director, 
N.C. Retail Merchandise Association. 

Military Service 

'•storekeeper H.A.2 1st class. Fleet Marines, U.S. Navy, 1943-46. 

\Honors and Awards 

'1996 Grocer of the Year; 1996 Nash Finch Century Club Award; 1994 Columbus 
County Child Care Award. 

Personal Information 

Married, Muriel Ezzell Hill. Two children. Five grandchildren. Member, First Baptist 
Church of Whiteville. 

Committee Assignments 

Chair, Agriculture; Vice-Chair, Congressional Redistrictmg, Finance; Member, 
Environment and Natural Resources, Finance, Local Government I, Rules, Calendar, 
md Operations of the House, Transportation. 



541 



NORTH CAROLINA MANUAL 2001-2002 




Mark Kelly Hilton 

Republican, Catawba County 

Forty -Fifth Representative Distriet: Portions of 
Catawha, Lincoln and Gaslon counties 

Early Years 

Born in Valdese, Burke Counly, on April 18, 1966, 
10 Tony and Carolyn Warren Hilion. 

Educational Background 

St. Stephens High School, Hickory, 1985. 

Professional Background 

Vice-President of Sales, Tech 5 Corporation. 

Political Activities 

Member, N.C. House of Representatives, 2000-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Children's Sunday School Teacher, Oxford Baptist Church; Hickory Kiwanis. 

Elective and Appointed Boards and Commissions 

Chair, Catawba County Young Republicans. 

Personal Information 

Member, Oxford Baptist Church of Conover. 

Committee Assignments 

Member, Agriculture, Appropriations, Appropriations Subcommittee on Information 
Technology, Education, Education Subcommittee on Universities, Science and 
Technology. 



542 



THE STATE LEGISLATURE CHAPTER FIVE 



L HughHolliman 

Democrat, Davidson County 

\Thirty -Seventh Representative District: 
iDavidson County 

Political Activities 

;Member, N.C. House of Representatives, 2001- 
Present 

Lommittee Assignments 

|\^ice-Chair, Economic Growth and Community 
Development; Member, Finance, Mental Health, 
Transportation. 




543 



NORTH CAROLINA MANUAL 2001-2002 




George Milton Holmes 

Republican, Yadkin County 

Forty-First Representative District: Wilkes, 
Yadkin and Portions oj Alexander counties 

Early Years 

Born 111 Mt. Airy, Surry County on June 20, 1929, 
to John William and Thelma Elizabeth Dobie 
Holmes. 

Educational Background 

Western High School, Washington, D.C.; 
Appalachian State University 1954. 

Professional Background 

President, Holmes and Associates. 

Political Activities 

Member, N.C. House of Representatives, 1975-76 and 1979-Present (Minority Whip, 
N.C, House, 1981-82; Minority Party Joint Caucus Leader, 1983-841 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Yadkm Masonic Lodge 162, A.E & A. M.; Winston-Salem Consistory of Scottish 
Rite, 32nd Degree; Shriner, Oasis Temple. 

Elective and Appointed Boards and Commissions 

Governors Crime Study Commission, 1976; Fire and Casualty Rate Study 
Commission, 1976; Board of Directors, First Union National Bank, Yadkinville. 

Personal Information 

Married, Barbara Ann Ireland Holmes. One child. Three grandchildren. Member, 
Flat Rock Baptist Church. 

Committee Assignments 

Vice-Chair, Education Subcommittee on Universities; Member, Appropriations, 
Appropriations Subcommittee on Capital, Appropriations Subcommittee on 
Education, Education, Ethics, Judiciary III, Legislative Redistrictmg, Public Utilities, 
Slate Government, University Board of Governors Nominating. 



544 



THE STATE LEGISLATURE CHAPTER FIVE 




Julia Craven Howard 

Republican, Davie County 

Seventy-Fourth Representative District: Portions of 
Davidson and Davie counties 

Early Years 

iBorn in Salisbury, Rowan County, on August 20, 
* 1944, to Allen Leary and Ruth Elizabeth Snider 
Craven. 

Educational Background 

j Davie High School, Mocksville, 1962; Salem College. 

\Professional Background 

I Realtor/Appraiser, Howard Realty & Insurance, Inc. 

Political Activities 

jMember, N.C. House of Representatives, 1988-Present (Former Majority House 
[whip; Former Minority House Whip); Member, Mocksville Town Board, 1981- 
[88. 

Business/Professional, Charitable/ Civic or Community Service Organizations 

[American Legislative Exchange Council; State Director, Women m Government; 
IRepublican State Executive Committee. 

Honors and Awards 

'2002 Citizenship Award, Mocksville Women's Club; 2001 Paul Harris Fellow. 

Personal Information 

'Two children. Six grandchildren. Member, Fu'st United Methodist of Mocksville. 

Committee Assignments 

Member, Appropriations, Appropriations Subcommittee on Capital, Financial 
institutions. Health. 



545 




NORTH CAROLINA MANUAL 2001-2002 

Howard J. Hunter, Jr. 

Democrat, Northampton County 

Fifth Representative District: Gates, 
Northampton and Portions of Bertie and 
Hertford counties 

Early Years 

Born in Washington, D.C., on December 16, 
1946, to Howard and Madge Waiford Hunter, Sr. 

Educational Background 

C. S. Brown High School, 1964; M.S., North 
Carohna Central University, 1971. 

Professional Background 

Vice-President, Director and Partner/Owner, 
Hunters Funeral Home, Inc. 

Political Activities 

Member, N.C. House, 1989-Present; Hertford County Commissioner, 1978-88. 

Business/Professional, Charitahle/Civic or Community Service Organizations 

Life Member, Ahoskie Alumni Chapter, Kappa Alpha Psi; N.C. Funeral Home 
Association; N.C. Central University Alumni Association CPresident, Hertlord 
County Chapter, 1971). 

Elective and Appointed Boards and Commissions 

Past Chair, N.C. Black Legislative Caucus; President, Board of Directors, Hertford 
County United Way; Hertford County Chapter, Water Safet)' Commission. 

Honors and Awards 

Outstanding Young Man of America; Distinguished Service, Murfreesboro Jaycees; 
Outstanding Citizen in N.C. in Human Relations. 

Personal Information 

Married, Vivian Flythe Hunter. Two children. Member, First Baptist Church, 
Murfreesboro. 

Committee Assignments 

Chair, Children, Youth and Families; Member, Alcoholic Beverage Control, Appropriations, 
Appropriations Subcommittee on Natural and Fconomic Resources, Economic Growth 
and Community Development, Health, Insurance, Travel and Tounsm. 



546 



THE STATE LEGISLATURE 



CHAPTER FIVE 




John W. Hurley 

Democrat, Cumberland County 

Eighteenth Representative District: Portions of 
Cumberland County 

Early Years 

Born in Murfreesboro, Hertford County, on June 
22, 1933, to J.B. and Daisy Fuqua Hurley 

Educational Background 

Littleton High School, 1951; UNC-Chapel Hill, 
1951-55; Louisburg College, 1952-53; CLU, 
American College, 1976. 

Professional Background 

President and Founder, Olde Fayetteville 
Insurance & Financial Services, Inc. 

Political Activities 

Member, N.C. House, 1989-1992 and 1995-Present; Mayor, City of Fayetteville, 
1981-1987; Member, Fayetteville City Council, 1977-1981. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Fayetteville Association of Life Underwriters (President, 1963); MDRT; CLU Society. 

Elective and Appointed Boards and Commissions 

Board of Visitors, UNC; Fayetteville Technical Community College Foundation; 

: Board of Directors, Fayetteville Chapter, International Association of Life 

■Underwriters (President, 1963). 

f 

{Honors and Awards 

Realtors Cup Award, 1985; E. J. Wells Cup, 1978; Life Member, Jaycees, 1970; 

Recipient, MedalUon for Public Service Contribution, Methodist College. 

iPersonal Information 

Married, Sandra Huggins Hurley. Three children. Seven grandchildren. Member, 
Haymount United Methodist Church. 

Committee Assignments 

Chair, Insurance, MiUtary Veterans and Indian Affairs; Vice-Chair, Local Government 
II; Member, Congressional Redistricting, Ethics, Finance, Public Utilities. 



547 




NORTH CAROLINA MANUAL 2001-2002 

Veria Clemens Insko