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Full text of "North Carolina manual [serial]"

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2003-2004 



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THK MHKAR\ OI THK 

I NIVKRSI I V ()! 

NORTH ( AROI INA 

AT CHAPEL Hn.L 




THE COLLECTION OF 
NORTH CAROLINIANA 



C917.05 

N87m 

2003-2004 



-for ^/C6^ /2/»S/*b 



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FOR USE ONLY IN 
THE NORTH CAROLINA COLLECTION 



Form No. A-368, Rev. 8/95 






Carolina Quilt 

Pick it up. Feel the weight 

of the many whose lives signified 

more than birth or death 

inked in ledgers, their lives like a treasure 

of remnants that wait to be stitched 
into patterns that hold fast through 
decades to shelter us when v/e face cold 
nights and darkness. This piece might 

mean somebody's field yielding 

bushels to brim over w^agon tops, 

that one a trail through the dogwoods 

in April. And look, here's a mountain spring 

gushing forth out of the leaf mold 
and native tongues singing 
a poultice of w^ords round a v/ound 
that cuts deep into memory, 



each of the pieces held fast 
with the threads that our story weaves 
stitches that cHng to what matters 
so that we may pass it down 

hand by hand 

voice by voice 

into the keeping of those 

who come after us. 



Kathryn Stripling Byer 
North Carolina State Poet Laureate 



DEDICAIION 



printing information 

This publication is printed on permanent, acid-free paper m compliance with 
the General Statutes of North Carolina. 3,000 copies of this document were printed 
at a total cost of $40,290.00 or $13.43 per copy. 

NORTH CAI^OLINA 



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 



i>KKtlARYOI-SIAIb 



A Message from the North Carolina Secretary of State 

For nearly a centuiy the North Carolina Manual has served as an accurate and 
thorough reference source for North CaroHna state government and pohtics. hi 
fact, 1 cannot think of another source for these topics as coniprehensive as the one 
you are currently holding m your hand. 

Americans in general and North Carolinians in particular have always emphasized 
the importance of an informed citizenry in maintaining the health of our democracy. 
The North Carolina Manual serves to inform all of us about what our government 
does and who makes 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, 1 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 



NOK I H CAROLINA 



8 




of scenic beauty, diversity of natural resources and quality of living that is unmatched 
by any other state in the United States. It is also a place where people accomplish 
some pretty remarkable goals without undue or excessive 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. I 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 Carolina. Our state, in many respects, is a ver>' 
humble, unpretentious giant. 

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




ElaineRMarshall 
N.C. Secretary of State 

SbCl^ETARY 




Introduction 

Dedication by Kathryn Stripling Byer, North Carolina State Poet Laureate 2 

North Carolina Department of the Secretary of State 5 

A Message from the North Carolina Secretary of State 6 

Chapter one 

North Carolina's State Symbols 23 

Chapter two 

North Carolina's Beginnings 67 

Chapter three 

Our Constitutions: An Historical Perspective 83 

Chapter four 

The Council of State and the Executive Branch 147 

The Office of the Governor 155 

Michael E Easley 159 

Office of the Lieutenant Governor 177 

Beverly Eaves Perdue 178 

Department of the Secretary of State 181 

Elaine E Marshall 185 

Office of the State Auditor 193 

Ralph Campbell, Jr 194 

Department of State Treasurer 197 

Richard H. Moore 202 

Department of Public Instruction 208 

Patricia Nickens Willoughby 212 

Ofhce of the Attorney General 215 

Roy A. Cooper 223 

Department of Agriculture and Consumer Services 231 

W Bntt Cobb 241 



10 



Department of Labor 244 

Cherie K. Berry ^ 

Department of Insurance 

James Eugene Long 

Department of Administration 

Gwynn T. Swinson . , 

Department of Commerce 2by 

James T. Fain, III 276 

Department of Correction 279 

Theodis Beck 285 

Department of Crime Control and Public Safety 287 

Bryan F Beatty 296 

Department of Cultural Resources 298 

Lisbeth Evans 308 

Department of Environment and Natural Resources 310 

William G. Ross, Jr 320 

Department of Health and Human Services 323 

Carmen Hooker Odom 333 

Department of Revenue 335 

E. Norris Tolson 341 

Department of Transportation 344 

Walter Lyndo Tippett 355 

Office of the State Controller 357 

Robert L. Powell ^58 

State Board of Elections 360 

Gary O. Bartlett ^^^ 

Office of Administrative Hearings 

Office of State Personnel ^^^ 

Thomas H. Wright 

Department of Juvenile Justice & Delinquency Prevention 370 

George L. Sweat 



Chapter five 

The State Legislature 373 

George Rubin Hall, Jr 378 

2003 North Carolina Senate 379 

Marc Basnight 387 

Charlie Smith Dannelly 388 

Anthony E. Rand 389 

Jeanne Hopkins Lucas 390 

James S. Forrester, MD 391 

Fern Shubert 392 

Tom Apodaca 393 

Charles W Albertson 394 

Austin Murphy Allran 395 

Patrick Ballentine 396 

Philip E. Berger 397 

Stan Bingham 398 

Harris Blake 399 

Andrew C. Brock 400 

Robert C. Carpenter 401 

John H . Carrington 402 

Daniel G. Clodfelter 403 

Walter Harvey Dalton 404 

Katie Grays Dorset t 405 

Virginia Foxx 406 

Linda Garrou 407 

John Allen Gai-wood 408 

Wib Gulley 409 

Kay Hagan 410 

Cecil Hargett 411 

Fletcher Lee Hartsell, Jr 412 

Robert Lee Holloman 413 

Hamilton C. Horton, Jr 414 

David William Hoyle 415 

Ralph Alexander Hunt 416 

John Hosea Kerr, III 418 

Eleanor Gates Kinnaird 419 

Vernon Malone 420 

Stephen Michael Metcalf 421 

Tony D. Moore 422 



12 



2003 N.C. Senate (continued) 

Martin Luther Nesbitt 

Robert Miller Pittenger 

William Robert Purcell, MD 

Joe Sam Queen 

' ■• 

Eric Miller Reeves 

Robert Anthony Rucho 

Larry Shaw 

R.B. Sloan, Jr ." 

430 

Fred Smith ,-,, 

431 

Robert Charles Soles, Jr. ... 4,-, 

■^ 432 

Richard Stevens .■»^ 

Alvm B. Swindell, IV ^3^ 

Scott E. Thomas j->c 

Jerry W Tillman ^-j^ 

Hugh B. Webster ^37 

David Franklin Weinstein 43(^ 

Woody White 439 

2003-2004 N.C. Senate Committees 443 

2003 N.C. House of Representatives 447 

James Boyce Black 457 

Richard T Morgan 458 

Joe Hackney 459 

Joe Leonard Kiser 460 

Beverly Earle 461 

Robert Phillip Haire 462 

Marian Nelson McLawhom 463 

Paul Miller 464 

Trudi Walend 465 

Alma S. Adams 466 

Martha Bedell Alexander 467 

Bernard Allen 468 

Gordon Phillip Allen, Sr *'"'' 

Lucy T. Allen 4/0 

CaryD. Allred '-^ 

Rex Levi Baker * • 



lABLtOI-cONIbNIS 



2003 N.C. House of Representatives (continued) 

Bobby Harold Barbee, Sr 473 

Jeffrey L. Bamhart 474 

Larry M. Bell 475 

J. Curtis Blackwood, Jr 476 

John M. Blust 477 

Donald Allen Bonner 478 

Alice Louise Bordsen 479 

Joanne W Bowie 480 

Harold James Brubaker 481 

J. Russell Capps 482 

Becky Carney 483 

Walter Greene Church, Sr 484 

Debbie A. Clary 485 

Lorene Thomason Coates 486 

Edward Nelson Cole 487 

James W Crawford, Jr 488 

Billy James Creech 489 

Arlie Franklin Culp 490 

William T. Culpepper, 111 491 

William Pete Cunningham 492 

William Gray Daughtridge, Jr 493 

Namon Leo Daughtry 494 

Michael Paul Decker, Sr 495 

Margaret Highsmith Dickson 496 

Jerry Charles Dockham 497 

Rick Louis Eddms 498 

J. Samuel Ellis 499 

Bobby E England 500 

Jean Farmer-Butterfield 501 

Susan C . Fisher 502 

Stanley Harold Fox 503 

Phillip D. Frye 504 

Pryor Allan Gibson, III 505 

Robert Mitchell Gillespie 506 



14 



2003 N.C. House of Representatives (continued) 

Rick Glazier 5Qy 

Daniel Bruce Goforth 5Qg 

George Wayne Goodwin 5O9 

Michael A. Gorman 5IO 

W Robert Grady 51 \ 

Jim Gulley 512 

John D. Hall 513 

James A. Harrell, III 514 

Dewey Lewis Hill 515 

Mark Kelly Hinton 516 

L. Hugh Holliman 517 

George Milton Holmes 518 

Julia Craven Howard 519 

Howard J. Hunter, Jr 520 

Verla Clemens Insko 521 

Margaret A. Jeffus 522 

Charles E. Johnson 523 

Linda P. Johnson 524 

Earl Jones 525 

Carolyn Justice 526 

Carolyn K. Justus 527 

Stephen A. LaRoque 528 

David R. Lewis 529 

Marvin W Lucas 530 

Paul Luebke 531 

Mary E. McAllister 532 

Daniel Francis McComas 533 

Willard Eugene McCombs ^^"^ 

William C. McGee 535 

Patrick T. McHenry ^^^ 

William Edwin McMahan 5^' 

Henry M. Michaux, Jr ^^° 

1 ^39 

David Morris Miner ^ ^^ 

William Franklin Mitchell 540 

541 

Timothy Keith Moore ^ 



TT^HEE 




2003 N.C. House of Representatives (continued) 

Don Munford 542 

EddNye 543 

William Clarence Owens, Jr 544 

Earline W Parmon 545 

Louis Mitford Pate, Jr 546 

Jean Rouse Preston 547 

Ray Rapp 548 

Karen B. Ray 549 

John M. Rayfield 550 

John W Rhodes 551 

Deborah K. Ross 552 

John Sauls 553 

Drew Paschal Saunders 554 

Mitchell Smith Setzer 555 

Paul Wayne Sexton, Sr 556 

Wilma M. Sherrill 557 

Paul B. Stam 558 

Edgar V Starnes 559 

Fred E Steen, II 560 

Bonner L. Stiller 561 

Ronnie Neal Sutton 562 

Joe P. Tolson 563 

William L. Wainwright 564 

R. Tracy Walker 565 

Alex Warner 566 

Edith D. Warren 567 

Jennifer Weiss 568 

Thomas Roger West 569 

Arthur J. Williams 570 

Keith Parker Williams 571 

Constance K. Wilson 572 

William Eugene Wilson 573 

Larry W. Womble 574 

Stephen W Wood 575 

Thomas Edward Wright 576 

Douglas Yates Yongue 577 



16 



2003 N.C. House of Representatives (continued) 

2003-2004 N.C. House Committees 582 

2003-2004 Senate Roster 590 

2003-2004 House Roster 592 

Chapter six 

The Judicial Branch 593 

N.C. Supreme Court 607 

I. Beverly Lake, J r 6I3 

Edward Thomas Brady 614 

Mark D. Martin 615 

Sarah E. Parker 616 

Robert Holt Edmonds, Jr 617 

George L. Wainwnght, Jr 618 

Administrative Office of the Courts 619 

N.C. Supreme Court of Appeals 621 

John Charles Martin 621 

James Andrew Wynn, Jr 622 

Linda M. McGee 623 

Patricia Timmons-Goodson 624 

Robert Carl Hunter 625 

Robin E. Hunter 626 

John Marsh Tyson 627 

Wanda G. Bryant 628 

Ann Marie Calabria 629 

Rick Elmore 630 

Sanford L. Steelman 631 

Martha A. Geer 632 

Eric L. Le\^nson 633 

Alan Ziegler Thomburg 634 

John Douglas McCullough 



635 
636 



N.C. Superior Court Judges 

N.C. District Court Judges ^^^ 

647 

rABLbC'XONIbNIl 



N.C. District Attorneys. 



Chapter seven 

UNC System Colleges and Universities 653 

Molly Corbett Broad 657 

Appalachian State University 658 

Kenneth E. Peacock 659 

East Carolina University 660 

Steven C. Ballard 661 

Elizabeth City State University 662 

Mickey L. Bumim 664 

Fayetteville State University 665 

T.J. Bryan 667 

N.C. Agricultural and Technical State University 668 

Dr. James Carmichael Renick 669 

North Carolina Central University 670 

James H. Ammons 672 

N.C. School of the Arts 673 

N.C. State University 675 

Robert Alexander Bamhardt 679 

University of North Carolina at Asheville 681 

James Hayes Mullen 682 

University of North Carolina at Chapel Hill 683 

Dr. James Moeser 693 

University of North Carolina at Charlotte 694 

James H. Woodward 696 



18 



University of North Carolina at Greensboro 697 

Patricia A. Sullivan 700 

University of North Carolina at Pembroke 701 

Dr. Allen C. Meadors 703 

University of North Carolina at Wilmington 704 

James R. Leutze 705 

Western Carolina University 706 

John William Bardo 707 

Winston-Salem State University 709 

Harold L. Martin, Sr 710 

Chapter eight 

N. C. Community College System 713 

H. Martin Lancaster 715 

Chapter nine 

Private Colleges and Universities 765 

Chapter ten 

North Carolma Political Parties 771 

2002 Democratic Party of North Carolina Platform 771 

2002 Libertarian Party of North Carolina Platform 794 

2002 Republican Party of North Carolina Platform 805 



Chapter eleven 

United States Government 821 

Constitution of the United States 831 

Amendments to the U.S. Constitution 843 

George Walker Bush 854 

Richard B. Cheney 855 

One Hundred and Eighth U.S. Congress 859 

John Edwards 860 

Elizabeth Dole 861 

House of Representatives 862 

Eva McPherson Clayton 863 

Bob Etheridge 864 

Walter B. Jones, Jr 865 

David Eugene Price 866 

Richard Burr 867 

J. Howard Coble 868 

Mike Mclntyre 869 

Robm Cannon Hayes 870 

Sue Mynck 871 

Thomas Cass Ballenger 872 

Charles H. Taylor 873 

MelvinWatt 874 

United States Judiciary 875 

United States District Court m North Carolina 876 

James Carroll Fox 877 

Malcolm Jones Howard 878 

W EarlBritt 879 

N. Carlton Tilley, Jr 880 

Frank William Bullock, Jr 881 

William L. Osteen 882 

James A. Beaty Jr 883 

Richard Cannon Ei"wm 884 

Hiram Hamilton Ward 885 



20 



Graham C. Mullen ^^ 

Richard Lesley Voorhees ^^7 

Lacy H. Thornburg ,.888 

Robert D. Potter 339 

Chapter twelve 

Counties and Their Governments 891 

Chapter thirteen 

Elections and Voting Records 949 

The North Carolina Electoral College 952 

2004 Primary Elections 956 

North Carolina Voter Registration - 2004 988 

2004 General Elections 996 

Chapter fourteen 

North Carolina Population Data 1024 

2003 Certified County Population Estimates 1028 

2004-2009 Projected Annual County Population 1032 

2003 Municipal Population Estimates 1040 

Chapter fifteen 

Foreign Consuls in North Carolina 1060 



TABLbOhcuNltNIi) 



NOKIH CAROLINA 




Lords Proprietor Seal 



Albemarle Seal 1 665- 1 730 



North Carolina's State 
Symbols 

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

TJte Great Seal of the State of North Carolina 

The state seal is probably the oldest official state symbol. A seal lor imporiani 
documents was used before a state government was organized in 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. 



b I Alb SYMBOLS 



NORTH CAROLINA MANUAL 2003-2004 





Provincial Seal 1 730- 1 767 



Provincial Seal 1767-1 776 



24 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 





State Seal 1779-1794 



State Seal 1794-1836 



Shortly after King Charles II issued the Charter of 1663 to the Lords Proprietor, 
a seal was adopted to use in conjunction with their newly-acquired domains in 
America. No official description has been found of the seal but it can be seen in the 
British Public Record Ofhce in London. The seal had two sides and was 3 and 3/8 
inches m diameter. The impression was made by bonding two wax cakes together 
with tape before bemg impressed. The finished impression was about a quarter- 
inch thick. This seal was used on all ofhcial papers of the Lords Proprietor of 
Carolina, which at the time included all of the territory inside the current borders of 
both North Carolina and South Carolina. 

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



25 



NORTH CAROLINA MANUAL 2003-2004 




State Seal 1836-1893 



State Seal 1893-1971 



During the troublesome times of the Gary Rebellion, the Albemarle seal was 
not used. Instead, Gary used his family arms as a seal for official papers. William 
Glover used his private seal during his presidency as well. 

When North Garolina became a royal colony in 1729, the old "Albemarle" seal 
was no longer applicable. On February 3, 1730, the Board of Trade recommended 
that the king order a public seal for the Province of North Garolina. Later that same 
month, the king approved the recommendations and ordered that a new seal be 
prepared for the governor of North Garolina. On March 25, the Board of Trade 
presented the king with a draft of the proposed seal for his consideration. The king 
approved the proposed new seal on April 10 with one minor change: "Georgius 
Secundus" was to be substituted for the original "Geo. 11." The chief engraver of 
seals, RoUos, was ordered to "engrave a silver Seal according to said draught ..." 

The arrival of the new seal in North Garolina was delayed; so when the council 
met m 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 Gape Fear was paid £10 for his journey. The impression of 
the new seal was made by placing two cakes or layers of wax together, then interlacing 
ribbon or tape with the attached seal between the wax cakes. It was customary to 
put a piece of paper on the outside of three cakes before they were impressed. The 
complete seal was 4 and 3/8 inches in diameter and from 1/2 to 5/8 inches thick 
and weighed about 5 and 1/2 ounces. 



26 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




State Seal 1971-1984 



State Seal 1 984 - 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 mstructions thai 
the seal be used to seal all patents and grants of lands and all public instruments 
passed in the king's name for service within the province. It was 4 inches in diameter, 
1/2 to 5/8 inches thick, and weighed 4 and 1/2 ounces. 

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

Lord Granville, after the sale of the colony by the Lords 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 I it 
was! in such manner as to answer all purposes." 



27 



NORTH CAROLINA MANUAL 2003-2004 

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

On December 22, 1776, the Provincial Congress at Halifax appointed William 
Hooper, Joseph Hewes and Thomas Burke as commissioners to procure a seal for 
the state. 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 m diameter and 1/4 inch thick. It was made by putting two cakes of 
wax together with paper wafers on the outside and pressing them between the dies, 
thus forming the obverse and reverse sides of the seal. An official description of this 
seal cannot be found, but many of the seals still in 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 in Philadelphia to settle the states 
Revolutionary War claims against the federal government. Martin sent a design to 
Colonel Thomas for a new seal for the state; however, after suggestions by Dr. 
Hugh Williamson and Senator Samuel Johnston, this sketch was disregarded and a 
new one submitted. This new sketch, with some modification, was finally accepted 
by Governor Spaight, and Colonel Thomas had the seal made accordingly 



28 



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 m February, 1793, wrote: "Let the screws by which the impression is to be 
made be as portable as possible so as it may be adapted to our present itinerant 
government. The one now m use by which the Great Seal is at present made 
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 in time for the meeting of the legislature in November, 1793, at which 
session it was "approbated." The screw to the seal was 2 and 1/2 inches in diameter 
and was used until around 1835. 

In the winter of 1834-35 the legislature enacted legislation authorizing the 
governor to procure a new seal. The preamble to the act stated that the old seal had 
been used since the first day of March, 1793. A new seal, which was very similar to 
its predecessor, was adopted m 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 Batde introduced a bill to add 
the state motto, "Esse Quam Videri," to the foot of the states coat of arms and the 
words "May 20, 1775," to the top of the coat-of-arms. By the late 19th and early 
20th century, the ship that appeared in the background of the early seals had 
disappeared. The North Carolina mountains formed the only backdrop on the seal. 

The 1971 General Assembly, m an effort to "provide a standard for the Great 
Seal of the State of North CaroUna," 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 he called the 
Great Seal of the State of North Carolina, and shall be two and one-quarter 
inches in diameter, and its design shall he a representation of the figures of 
Liberty and Plenty, looking toward each other, hut not more than half-fronting 



29 



NORTH CAROLINA MANUAL 2003-2004 



• 



f 


. 




^^^^ 


^^^^^^n 


' 




^i.fl 



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

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

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

The late Julian R. Allsbrook, who sensed in the North Carolina Senate for many 
years, felt that the adoption date of the Halifax Resolves ought to be commemorated 



30 



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 constani 
reminder of the people of this state's commitment to liberty." Legislation adding the 
date "April 12, 1776" to the Great Seal of the State of North Carolina was ratified 
May 2, 1983, with an effective date of January 1, 1984. Chapter 257 of the 1983 
Session Laws of North Carolina included provisions that would not invalidate any 
Great Seal of the State of North Carolina in use or on display Instead replacement 
could occur as the need arose. 

North Carolina State Flag 

Flags developed from the earliest recorded human history as symbols designed 
to command respect for — and obedience to — the authority of the stale. Since 
antiquity, nearly all nations and peoples have used flags and emblems, though ancient 
superstitions regarding their divine origins and supernatural powers have largely 
disappeared. Flags now, the world over, possess the same meaning as a symbol of 
strength, unity, spirit and patriotism. In addition to our national flag, each state in 
the U.S. has a state 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 state s official coat of arms superimposed 
upon a suitably colored held. 

Legislative records indicate that an official state flag for North Carolina was not 
estabUshed 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 while V on it and 
a star encircled by the words, "Surgit astrum, May 20, 1775." 

Colonel Whitford chaired the committee to which this ordinance was referred. 
William Jarl Browne, a Raleigh artist, prepared and submitted a model to the 
committee and the convention approved Browne's design on June 22, 1861. The 
Brovme model differed signiftcantly from the original design proposed by Colonel 
Whitford. The law creating the new state flag included this description: 

The Flag of North Carolina shall consist oj a red field with a while star w 
the centre, and with the inscription, above the star, in a semi-circular fivm, oj 
"May 20th, 1775," and below the star, in a semi-circular form, of "May 20lh, 
1861." That there shall be two bars oj equal width, and the length of the field 
shall be equal to the bar, the width of the field being equal to both bars: the first 
bar shall be blue, and second shall be white: and the length of the flag shall he 
one-third more than its width. [Ratified the 22nd day oJ fiine, 186// 



31 



NORTH CAROLINA MANUAL 2003-2004 

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 final 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 m gilt on the left and the letter C 
in gilt on the right of said star, the circle containing the same to be one-third the 
width of the union. 

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 in black letters this inscription "May 20th, 
1775," and that below the star there shall be similar scroll containing in black 
letters the inscription: "April 12th, 1776." 

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

It is interesting to examine the significance of the dates found on the flag. The 
flrst 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 ot 1861, "May 20th, 1861," 
commemorated North Carolina s secession from the Union. When a new flag was 
adopted in 1885, this date was replaced with "April 12th, 1776" to commemorate 
the Halifax Resolves, which had placed North Carolina in the ver)' front ranks of 
those colonies flghting for independence from Britain. 

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



32 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ON 




The Cardinal - North Carolina State Bird 

The cardinal was selected by popular choice as North Carolina's official State 
Bird on March 4, 1943 (Session Laws, 1943 c. 595; G.S. 145-2). Also known as 
the winter redbird, the cardinal is a year-round resident of North Carolina and is 
one of the most common birds that inhabit our state's gardens, meadows and 
woodlands. The male cardinal is red all over, except for the area of its throat and the 
region around its bill, which is black. It is about the size of a catbird, only with a 
longer tail. The head is conspicuously crested and the large stout bill is red. The 
female cardinal is much duller in color with the red confined mostly to the crcsi, 
wings and tail. There are no seasonal changes in the cardinal's plumage. 

Male and female cardinals aUke are renowned as song birds. The cardinal's ncsi 
tends to be a rather 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 are the mainstay of the cardinal's 
diet, but it will also eat small fruits and insects. 



33 



NORTH CAROLINA MANUAL 2003-2004 




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 in all parts of the state from the mountains to the 
coast. Its blossoms, which appear in early spring and continue on into summer, are 
most often found in white, although shades of pink (red) are not uncommon. 



34 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Honey Bee - North Carolina State Insect 

The General Assembly of 1973 designated the industrious honey bee as the 
official State Insect (Session Laws, 1973, c. 55). This industrious creature is 
responsible for the annual production of more than $651,000 worth of honey in 
the state. The North Carolma Department of Agriculture estimates that, in 1998, 
North Carolina 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 csiimaicd 
for the year at 472,000 lbs. However, the greatest value of honey bees is ihcir role 
m the growing cycle as a major contributor to the pollination of North Carolma 
crops. 



NORTH CAROLINA MANUAL 2003-2004 




The Pine - North Carolina State Tree 

The pine tree was officially designated as the State Tree by the General Assembly 
of 1963. (Session Laws, 1963, c.41) The pine is the most common tree found in 
North Carolina, as well as the most important one m the history of our state. During 
the colonial and early statehood periods, the states economy centered on products 
derived from the pines that grew throughout North Carolina. Many of the crucial 
naval stores — 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 pine trees and producer of pine tree products, 
particularly in the building industry. The state has also become a major source of 
Christmas trees for the entire nation. The North Carolina Department of Agriculture 
estimates that the states 1,600 commercial evergreen growers sold $92 miUion 
worth of Christmas trees, wreaths, roping and greenery in 1998. Most of the states 
Christmas trees are raised in Ashe, Avery, Alleghany, Watauga and Jackson counties 
in the North Carolina mountains. 



36 



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 Slate 
Mammal (Session Laws, 1969. c.1207; G.S. 145-5). The gray squirrel is a common 
inhabitant of most areas of North Carolina from "the swamps of eastern North Cirolma 
to the upland hardwood forests of the piedmont and western counties." This ircc- 
dwelling rodent thrives equally well in an "untouched wilderness" environment and 
in urban areas and suburbs. To the delight of hikers and park dwellers alike, this 
furry creature is extremely active during the day and, like most humans, sleeps at 
night. In its favorite habitat — the evergreen coniferous forest — the gray squirrel is 
much larger than other species of squirrels, usually driving away the red squirrel 
(Tamiascums) whenever the two species meet. The gray squirrel is not a picky cater. 
During the fall and winter months, it survives on a diet of hardwoods, with acorns 
providmg most of its carbohydrates and proteins. In the spring and summer, its diet 
consists of "new growth and fruits" supplemented by early com. peanuts and the 
occasional insect. Many squirrels in cities supplement their natural diet with raids on 
bird feeders. 



NORTH CAROLINA MANUAL 2003-2004 

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 night, 
Where the soft southern moss and jessamine mate, 
'Neath the murmuring pines of the Old North State! 

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

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



State Motto 

The General Assembly of 1893 (Chapter 145) adopted the words "Esse Quam 
Videri" as the states official motto. The legislators directed that these words, along 
with the date "20 May, 1775," be placed with North Carolina's coat of amis 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 Cicero's essay on friendship (Cicero, de Amniciiia, 
Chapter 26). Until the 1893 act, North Carolina had no motto. It was one of the few 
states which did not have a motto and the only one of the original thirteen without 
one. 



38 



NORTH CAROLINA'S STATE SYMBOLS 



CHAPTER ONE 




The Emerald - North Carolina State Precious Stone 

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

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



39 



NORTH CAROLINA MANUAL 2003-2004 




The Chantul Buss - i\ori/t Carolina Salt Water Fish 

The General Assembly of 1971 designated the Channel Bass (.Red Drum) as the 
olticial Stale Salt Water Fish (Session laws, 1971, c.274; G.S. 145-6). Channel bass 
ean usually be found in large numbers along the Tar Heel coastal waters. The N.C. 
Division of Marine Fisheries lists the current state saltwater record and world all- 
lackle record for a red drum as a 94-lb. specimen caught on Halteras Island in 
1984. Other channel bass taken off the North Carolina coast have weighed up to 
75 pounds, although most large catches average between 30 and 40 pounds. North 
Carolina currently limits sport anglers to no more than one channel bass longer 
ihan 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. in 1999. 



40 



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 bcauiifuliy- 
shaped shell, the Scotch Bonnet (Phalium granulatum) is abundant in North Qirohna 
coastal waters at depths between 500 and 200 feet. The best source of live specimens is 
from offshore commercial fishermen. 



41 



NORTH CAROLINA MANUAL 2003-2004 




Tlie 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 Lav/s, 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 modem environmental conditions. 



42 



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 quarry in the world, 
measuring one mile long and 1,800 feet in width, lies near Mount Airy in Surry 
County. Granite from this quarry is unblemished, gleaming and has few 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 
magnihcent edifices of government throughout the United States such as the Wrighi 
Brothers Memorial at Kitty Hawk, the gold depository at Fort Knox, the Arlington 
Memorial Bridge and numerous courthouses throughout the land. Granite is a symbol 
of strength and steadfastness, quahties characteristic of North Carolinians. 



43 



NORTH CAROLINA MANUAL 2003-2004 




Milk - North Carolina State Beverage 

The General Assembly of 1987 adopted milk as the official State Beverage (Session 
Laws, 1987, c. 347), In making milk the official state beverage, North Carolina 
followed many other states, 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 in 1998. The annual mcome from this production 
amounted to nearly $209 million in 1998. North Carolinians consume over 143 
million gallons of milk every year. 



44 



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 Stale 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 state's upper northeast sounds where the water 
was shallow and the weather changed rapidly Shad boats were built using name 
trees such as cypress, juniper, and white cedar, and varied in length between iwcniy- 
two and thirty-three feet. Construction was so expensive that production of the 
shad boat ended in the 1930s, although they were widely used into the 1950s. The 
boats were so well constructed that some, nearly 100 years old, are still seen around 
Manteo and Hatteras. The North Carolina Maritime Museum in Beaufort also has a 
shad boat in its historic boat collection. 



45 



NORTH CAROLINA MANUAL 2003-2004 




The Plott Hound - North Carolina State Dog 

The Plott hound was adopted as our official State Dog on August 12, 1985 
(Session Laws of North Carolina, 1989 c. 773; G.S. 145-13). The Plott hound 
originated in the mountains of North Carolina around 1750 and is the only breed 
known to have originated m 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 Plot! 
hound is very quick, has superior treeing instincts and has always been a favorite ol 
big-game hunters. The Plott hound has a beautiful brindle-colored coat and a spine- 
tingling, bugle-like call. It is also only one of four breeds known to be of American 
origin. 



46 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Sweet Potato - North Carolina State Vegetable 

The General Assembly of 1995 designated the sweet potato as the official State 
Vegetable (Session Laws, 1995, c.521). A staple of the traditional North Carolina 
diet since pre-Columbian times, the sweet potato is a nutritious source of vitamins 
A and C, as well as being low in fat. North Carolina is the largest producer of sweci 
potatoes m the United States. According to the N.C. Department of Agriculture, 
North Carolina growers raised 5.88 million lbs. of sweet potatoes in 2003. Thai 
year's crop generated $79 million in cash receipts. 



47 



NORTH CAROLINA MANUAL 2003-2004 

State Name and Nicknames 

In 1629, King Charles I of England "erected into a province," all the land from 
Albemarle Sound on the north to the St. John's River on the south, which he directed 
should be called Carolina. The word Carolina is from the word Carolus, the Latm 
form of Charles. When Carolina was divided in 1710, the southern part was called 
South Carolina and the older northern settlement. North Carolma. From this came 
the nickname the "Old North State." 

During its early history, North Carolina was best-known for products derived 
from pine trees, particularly tar pitch and turpentine, which were crucial naval supplies 
in the days of wooden sailing ships. A popular state legend holds that, 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 in panic. The North Carolina regiments holding the line next to the 
shattered Virginia regiment, however, held their ground, stemming the Union Army's 
breakthrough. 

After the battle the North Carolinians, who had successfully fought it out alone, 
were greeted by the chagrined dereUct regiment with the question: 

"Any more tar dovjn in the Old. North State, boys?" 

Quick as a flash came the answer: 

"No, not a hit, old Jeff's bought it all up." 

"Is that so? What is he going to do with it?" the Virginians asked. 

"He is going to put it on you-uns' heels to make you stick better in the next 
fight!" 

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

State Colors 

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



48 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 



William Gaston 
mill Spirit 



The Old North State 

(Traditional air as sung in 1926) 



\ ¥"i n 



1 . Car - o 

2. Tho' she 

3. Then let 



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Collected and uTu^ 
by Mrs. E. E. Rjndolph 



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glo - ry. Say whose 
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name stands the 
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this side of 




fend her Tho' the 
slo - r) Tho' to 
hea - ven Where 



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scorn- er may 
true to her 
plan - ty and 



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sneer at and 
self e'er to 
peace, love and 



wit - ling 
crouch to 
joy smile 



de 
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be 



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fame her Still our 
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hearts swell with 
yield to just 
aloud raise to - 



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name her. 
mis - sion. 
cho - rus. 



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glad - ness when 
rule a more 
geth - er the 



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loy - a! sub 

heart thrill- ing 



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rah! 



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good Old North 



Stale 






State Song 

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



lOT- 



NORTH CAROLINA MANUAL 2003-2004 




The Carolina Tartan — The State Tartan 

North Carolina has long celebrated its historical and cultural ties to Scotland. 
Scots and Scots-Irish immigrants were crucial to the states population and 
development both before and after the American Revolution. Much of the state's 
traditional culture, especially music, has roots in Scots culture. The 1991 General 
Assembly designated the Carolina Tartan as the Official Tartan of North Carolina. 



V 



50 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




The Scuppemong Grape — The State Fruit 

Plump and full of juice, the scuppemong grape is a North Carolina favonie and 
is grown in many parts of the state. The 2001 General Assembly designated the 
scuppemong grape as the Official Fmit of North Carolina. 



NORTH CAROLINA MANUAL 2003-2004 




The Blueberry — The State Blue Berry 



^ 



52 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ON 




The Strawberry -- The State Red Berry 

The blueberry and the strawberry are common visitors to dinner tables all across 
North Carolina. The 2001 General Assembly designated the blueberry as the Official 
State Blue Berry and the strawberry as the Official State Red Berry. 



53 



NORTH CAROLINA MANUAL 2003-2004 




State Capitol 

The North Carolina State Capitol is one of the finest and best-preserved examples 
of Greek Revival architecture incorporated in a civic building. Prior to 1792, North 
Carolina legislators met in various towns throughout the state, gathering most 
frequently in HaUfax, Hillsborough and New Bern. Meetings were held in local 
plantation houses, courthouses and even churches. When Raleigh was founded as 
the permanent seat of North Carolina's state government m 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 



54 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

building with a central, domed rotunda. The assembly appropriated $50,000 for 
construction and appointed a building committee to manage the project. The 
commission first hired William Nichols, Jr,. to draft plans for the building. In 
August of 1833, however, the committee replaced Nichols with distinguished New 
York architects Ithiel Town and Alexander Jackson Davis. Town and Davis altered 
the earlier design dramatically and developed a plan that gave the Capitol its present 
appearance. 

David Paton (1802-1882), an architect 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 Davis as 
the project architect in early 1835. The Capitol was completed under Paton s direction, 
except for the exterior stone walls, which were largely in place when he arrived in 
Raleigh. Paton made several modihcations 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 miiial 
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 Capitol's architectural details, including the columns, mouldings, 
ornamental plasterwork and ornamental honeysuckle atop the dome, were carefully 
patterned after features of Greek temples. Its Doric exterior columns are modeled 
after those of the Parthenon. The House of Representatives chamber imitates the 
semi-circular plan of a Greek amphitheater and its architectural omameniaiion is 
Corinthian (Order of the Tower of the Winds). The Senate chamber follows the 
Ionic Order of the Erechtheum. The only non-classical parts of the building are two 
large rooms on the third floor which were finished in the Gothic style that was just 
beginning to gain popularity in American architectural circles. 

The ornamental ironwork, plasterwork, chandeliers, hardware and marble- 
mantels of the Capitol came from Philadelphia. Raleigh cabinetmaker William 
Thompson crafted the desks and chairs in the House and Senate chambers. The 
Capitol was completed m 1840 at a total cost (including furnishings^ of 



55 



NORTH CAROLINA MANUAL 2003-2004 

$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 own building m 1888 and in 1963, the General 
Assembly moved into the newly-constructed Legislative Building. 

A thorough renovation of the Capitol in 1971 replaced the leaky copper roof, 
cleaned and sealed the exterior stone and repainted the rotunda. More recent 
preservation efforts have focused on repairing plasterwork damaged by roof leaks, 
replacing obsolete wiring and plumbing, installing new, less conspicuous heating 
and cooling systems in the upper floors, replacing worn carpets and draperies and 
repainting the rest 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 m World War 11 and the Vietnam War 
were also added in the 1980s and 1990s. In an effort to make the Capitol more 
accessible to the people of North Carolina, the building has been opened to the 
public on weekends with guided tours available. 



56 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 




Legislative Building 

In 1959, the General Assembly appropriated funds for the construction of a 
new legislative building. The new facility was needed to accommodate a growing 
legislative branch and provide adequate quarters for legislators and staff. The act 
created a building commission of seven people: two who had served in the N.C. 
Senate and were appointed by the president of the Senate; two who had ser\'ed 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. HoUoway 
and Ralph B. Reeves, Jr., of Raleigh as architectural consultants for the project. After 
a thorough study the commission selected a 5.5-acre site one block north of the 
Capitol for the new building. This site, which encompasses two city blocks, is 
bounded by Jones, Salisbury Lane and Wilmington streets. A section of Halifax 
Street between Jones and Lane was closed to tie the two blocks together. Bids on 



57 



NORTH CAROLINA MANUAL 2003-2004 

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

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

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

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

Inset in the south podium floor, at the main entrance, is a 28 foot diameter 
terrazzo mosaic of the Great Seal of the State. From the first floor main entrance 
(on Jones Street) the carpeted 22-Joot 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 Jour garden courts are located at the corners oJ the building. These 
courts contain tropical plants and three have pools, Jountains and hanging 
planters. The main floor areas oJ the courts are located on the first floor and 
galleries overlook the courts from the mezzanine floor The skylights, which 
provide natural lighting, are located within the rooj gardens overhead. The 
courts provide access to committee rooms in the Jirst floor, the legislative chambers 
in the second floor and to members' ojjices in both floors. 

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

The Jive pyramidal roojs covering the Senate and House chambers, the 
auditorium, the main stair, and the rotunda are sheathed with copper, as is the 
Capitol. The pyramidal shapes of the roojs are visible in the pointed ceilings 
inside. The structural ribsjorm a cojjered ceiling; and inside the cojjered patterns 
are concentric patterns outlined in gold. In each chamber, the distance from the 
floor to the peak oj the ceiling is 45 jeet. 

Chandeliers in the chambers and the main stair are 8 jeet in diameter and 



58 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

weigh 625 pounds each. The 12-joot diameter chandelier oj the rotunda, hke 
the others, is oj brass, but its weight is 750 pounds. 

Because of the inteiior cUmate, the garden courts and rotunda have tropical 
plants and trees. Outside, however, the shrubs and trees are oj 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 maintained: walnut, 
accented with white, gold and red, as well as green foliage. In general, 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 in the 1980s created more office space 
and expanded the meeting room faciUties to meet the needs of the General Assembly's 
various committees. The Legislative Office Building opened across Jones Street from 
the Legislative Building in 1982. Nearly half of the members of each house moved 
to new offices in the building, as well as several of the support divisions of Legislative 
Services. 

The area around the Legislative Building has changed dramatically since it opened 
in the 1960s. The west side of the building now opens onto a majestic plaza several 
blocks long and ringed by government office buildings constructed in the 1960s, 
1970s and 1980s. The east side of the building now faces the North CaroUna 
Museum of History and the North Carolina Museum of Natural Histor)', which 
opened in April, 1999. 



59 



NORTH CAROLINA MANUAL 2003-2004 




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 William Tryon, became one of the most admired public structures in 
North America. Tryon 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 state's capitol. A fire m 1798 leveled the entire structure 
except for the west wing. The present structure, a popular historic attraction in its 
own right, is largely a 1950 reconstruction based on Hawks' original plans, as well 
as archaeological research. 

Shortly after Raleigh was selected as the permanent seat of state government in 
1792, the legislature enacted a law requiring the governor to reside there. Samuel 



60 



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 lo 
the legislature. The General Assembly committee addressed by Ashes letter assured 
him that the law, enacted before he was elected governor, could be considered "as a 
condition under the encumbrance of which he accepted the appointment." 

The General Assembly took steps to provide a suitable dwelling for the stales 
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 comer of Fayetteville and Hargett Streets. 
The house proved hopelessly inadequate. In an 1810 letter, Governor Benjamin 
Smith grumbled that the structure was "in such order that it is agreed by all who 
view it, not to be fit for the family of a decent tradesman, and certainly none could 
be satisfied; even if safe in it..." 

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

Twenty succeeding governors resided in the "Palace," as it came to be 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 families. During the Reconstruction period until the completion of the present 
Mansion in 1891, chief executives and their families rented houses or hotel rooms 
m Raleigh. Two governors of the period simply continued to live in their own 
homes. From 1871 to 1891, a noted Raleigh hotel, the Yarborough House, served 
as the unofficial residence for several governors. 



fii 



NORTH CAROLINA MANUAL 2003-2004 

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

The General Assembly finally approved the decision to build the present Executive 
Mansion 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 penitentiary board, realizing the law required it to furnish 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 
financing the project. Expenditures were not to exceed the funds available and money 
spent by the governor and council was to be placed m an itemized account under 
the strict supervision of the state auditor. 

David Paton, who had supervised the completion of the state capitol nearly half 
a centuiy earlier, was initially recommended as the projects architect. Because of the 
architects advanced age, however, he was passed over for the assignment. The council 
selected Samuel Sloan of Philadelphia and his assistant, Gustavois Adolphus Bauer, 
as project architects. Sloan delivered his proposed designs to the committee 
personally when he arrived m 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 modifications. 

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

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



62 



NORTH CAROLINA'S STATE SYMBOLS CHAPTER ONE 

occupy the house in view of earlier attempts to abandon it as a residence lor mc 
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 first governor to live m the mansion for a full tour-year term 
(1893-1897). Like his predecessors, he found the house in need of furnishings 
and repairs. The legislature allocated funds in 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 Bickett's term (1917- 
1921) began with an inspection of the mansion and recommendations for 
improvement. Mrs. Bickett submitted suggestions for interior renovations by 
architect James A. Salter, along with his estimates of the cost of the proposed 
renovations. As preparations were made for Governor Angus W. McLeans residence 
in the mansion (1925-1929), the previous renovations were pronounced 
inadequate. Sentiment for removing the house and landscaping Burke Square as a 
public park was once again aroused. Secretary of State W. N. Everett halted the 
movement. He had made his own examination and reported that major repairs 
were needed to provide the governor with a comfortable dwelling. Everett suggested 
a sum of $50,000 for repairs and new furnishings. Although this action was taken 
without 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 
uncleanliness. Dust pervaded the mansion, covering the woodwork, filming the 
furniture and stifling the air. Governor Fowle's contemporaries had described clouds 
of dust billowing up from the floor with every footstep. The first floor walls and 



63 



NORTH CAROLINA MANUAL 2003-2004 

floors were unsound and the ornate plasterwork was disintegrating m some areas. 
The upstau-s floors, composed of uneven, shoddy boards, had half-inch cracks. 

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

Later administrations made further improvements to the mansion. An elevator 
was installed, air conditioning units were placed in some rooms and a bomb shelter 
was added during Governor Luther H. Hodges' 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 was constructed around the 
perimeter of Burke Square in early 1969. 

In May, 1973, the General Assembly ordered another round of repairs. This 
renovation was the most extensive in the history of the Executive Mansion. The 
General Assemblies of 1973 and 1975 appropriated $845,000 to complete the 
project. Governor James E. Holshouser, Jr. , and his family moved out of the 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. 
64 



NORTH CAROLINA'S STATE SYMBOLS 



CHAPTER ONE 



65 



(/*•■■ 



North Carolina's Beginnings 

North Carolinas 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 states first inhabitants left behind tangible 
signs of their existence, including sites as large and impressively engineered as the 
Town Creek Mound in Montgomery County. 

North Carolina was an important boundary area between different Native 
American cultural areas, tribes and language stocks. The Algonquian-speaking tribes 
of northeastern North CaroUnas 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 in their mountain homeland and are knowTi 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 Carohna 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 touching the Discovcric oj Amcnca. 
No attempt was made to colonize the area. Between 1540 and 1570 several Spanish 
explorers from the Florida Gulf region explored portions of North Carolina, but 
again no permanent settlements were established. 

Coastal North Carolina was the scene of the first attempt by English-speaking 
people to colonize North America. Two colonies were begun in the 1580s under a 
charter granted by Queen Elizabeth to Sir Walter Raleigh. The first colony established 
m 1585 under the leadership of Ralph Lane, ended in failure. A second expediiion 
under the leadership of John White began in the spring of 1587 when 1 10 seiilcrs, 
including seventeen women and nine children, set sail for the new world. The 
White Colony arrived near Hatteras m June, 1587, and went on to Roanoke Island. 



T:AR0LINA'S BECINNINCb 



NORTH CAROLINA MANUAL 2003-2004 

where they found ihc houses buili by Ralph Lanes expedition still standing. Two 
significant events occurred shortly after the colonists' arrival — two Iriendly hidians 
were baptized and a child was born. Virginia Dare was the first child born to English- 
speaking parents in the new world. 

The colonists faced many problems. With supplies running short, White was 
pressured to return to England for provisions. Once m England, White was unable 
to immediately return to Roanoke because of the impending attack by the Spanish 
Armada. When he was finally able to return m 1590, he found only the abandoned 
remnants of what was once a thriving settlement. There were no signs of life, 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. 

Pennanent Settlement 

The hrst permanent English settlers m North Carolina emigrated from the 
Tidewater area of southeastern Virginia. The hrst ol 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 tollowing 
description of the territory which the eight Lords Proprietor were granted title to: 

"A// i\\ai Tcrntorv or tract of ground, situate, lying, and hcmg withm our 
Donimions in AnKrka, extending from the North end of the Island called Luck 
Island, which lies in the Southern Virginia Seas and within six and Thirty 
degrees of the Northern Latitude, and to the West as jar as the South Seas; and 
so Southerh as far as the River Saint Mathias, which borders upon the Coast oj 
Florida, and within one and Thirty degrees oj Northern Latitude, and West in a 
direct line as far as the South Seas aforesaid; Together with all and singular 
Ports, Harbours, Bays, Rivers, Isles, and Islets belonging Into the Country 
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 m the Sea, Bays, Islets, and Rivers within the premises, and the 
Fish therein taken; 

And moreover, all Veins, Mines, and Quarries, as well discovered as not 
discovered, of Gold, Silver, Gems, and precious Stones, and all other, whatsoever 
be it, of Stones, Metals, or any other thing whatsoever jound or to be jound 
within the Country, Isles, luuI Limits ...." 



68 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

The territory was to be called "Carolina" in honor of Charles I. In 1665, a 
second charter was granted in order to clarify territorial questions not answered in 
the ftrst charter. This charter extended the boundary lines of Carolina to include: 
"All that Province, Territory, or Tract of ground, situate, lying, and being 
within our Dominions of America aforesaid, extending North and Eastward as 
far as the North end of Carahtuke River or Gullet; upon a straight Westerly 
line to Wyonoake Creek, which lies within or about the degrees of thirtv six and 
thirty Minutes, Northern latitude, and so West in a direct line as Jar as the 
South Seas; and South and Westward as far as the degrees oj twenty nine, 
inclusive, northern latitude; and so West in a direct line as Jar as the South 
eas. 

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 di\ided into local governmental units called precincts. Initially there 
were three precincts — Berkley, Carteret, and Shaftesbur)' — but as the colony 
expanded to the south and west, new precincts were created. By 1729, there were a 
total of eleven precincts — six in Albemarle County and five in Bath County, which 
had been created in 1696. Although the Albemarle Region was the first permanent 
settlement in the CaroUna area, another populated region soon developed around 
present-day Charleston, South CaroHna. Because of the natural harbor and easier 
access to trade with the West Indies, more attention was given to developing the 
Charleston area than her northern counterparts. For a twenty-year period, 1692- 
1712, the colonies of North and South Carolina existed as one unit of government. 
Although North Carolina still had her own assembly and council, the governor of 
Carolina resided in Charleston and a deputy governor was appointed for North 
Carolina. 

Royal Colony 

In 1729, seven of the Lords Proprietor sold their interest m North Carolina lo 
the crown and North CaroUna became a royal colony The eighth proprietor. Lord 
Granville, retained economic interest and continued granting land in ihc northern 
half of North Carolina. The crown supervised all political and adminisiraiive 
functions m the colony until 1775. 

Colonial government m North Carolina changed little between the proprietary 
and royal periods, the only major difference being who appointed colonial oflicials. 
There were two primary units of government — the governor and his council and a 
colonial assembly whose representatives were elected by the qualified \'Olers of the 
county Colonial courts, unlike today's courts, rarely involved themselves in 

69 



NORTH CAROLINA MANUAL 2003-2004 

formulating govcrnmcnlal policy. All colonial officials were appointed by either the 
Lords Proprietor prior to 1 729 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 '^precmct" as a geographical unit 
ceased to exist after 1735. These areas became fcnown as "counties" and about the 
same time "Albemarle County" and "Bath County" ceased to exist as governmental 
units. 

The governor was an appointed ofhcial, as were the colonial secretary, attorney 
general, surveyor general and the receiver general. All ofhcials ser\'ed at the pleasure 
of the Lords Proprietor or the crown. The council sen'ed as an advisory group to 
the governor during the proprietary and royal periods, m addition to ser\dng as the 
upper house of the legislature when the assembly was in session. When vacancies 
occurred in colonial ofhces or on the council, the governor was authorized to cany 
out all mandates of the proprietors and could make a temporaiy appointment until 
the vacancy was hlled by proprietary or royal commission. One member of the 
council was chosen as president of the group and many council members were also 
colonial ofhcials. If a governor or deputy governor was unable to cdrry 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 allowed 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 of the 
house. When a vacancy occurred, a new election was ordered by the speaker to liU 
It. On the final day of each session, bills passed by the legislature were signed by 
both the speaker and the president of the council. 

The colonial assembly could meet only when it was called into session by the 
governor. Since the assembly was the only body authorized to grant the governor 
his salary and spend tax monies raised m the colony, it met on a regular basis until 
just before the Revolutionary War. There was, however, a constant struggle lor 
authority betv/een the governor and his council on the one hand and the general 
assembly on the other. Two ot the most explosive issues involved fiscal control ot 
the colony's revenues and the election ot treasurers. Both were privileges ol 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 



70 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

between the executive and legislative bodies were to have a profound effect on the 
organization of state government after independence. 

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 of Britain against America, 
and the further measures to he 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 bv 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 nwst horrid devastation on the Country. That Governors in 
different Colonies have declared Protection to slaves who should imbrue their 
Hands in the Blood of their Masters. That the Ships belonging to America are 
declared prizes of War and many of them have been violently seized and 
confiscated in consequence of which 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 Stales and 
their sincere desire to be reconciled to the mother Country on Constitutional 
Principles, have procured no mitigation of the aforesaid wrongs and usurpations 
and no hopes remain of obtaining redress by those Means alone which have been 
hitherto tried, Your Committee are of the Opinion that the house should enter 
into the following Resolve, to wit. 

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

The Hahfax Resolves were important because they were the first official action 
calling for independence from Britain and they were directed at all of the colonies 
that had taken up arms against the crown. Virginia followed with her own 

71 



NORTH CAROLINA MANUAL 2003-2004 

recommendations soon atier the adopUon of the Halifax Resolves and on July 4, 
delegates at the Continental Congress meeting m Philadelphia signed the final draft 
o{ the Declaration oi hidependence, North Carolinians William Hooper, Joseph 
Hewes and John Penn among them. In early December, 1776, delegates to the Fifth 
ProN'incial 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 necessary 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 
proMded for popular election of the go\'ernor, as well as fixing the governors term 
in office to two years per term and no more than two consecutive terms. It established 
a more equitable method of representation m 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 officials. The new state constitution also created a 
mechanism that would allow successive General Assembly sessions to propose 
constitutional amendments for popular ratification. The Constitution of 1835 passed 
when submitted to a popular referendum. 

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 m February, 1861, on whether to call a 
convention on secession was defeated by a very slim margin. Many ot North 
Carolmas political leaders looked for ways to mediate between the Union and the 
emerging Confederacy, to settle the secession C(uestion peacetuUy But news that 
Confederate troops had seized Ft. Sumter m Charleston Harbor and President 
Lincoln's call for militia troops from North Carolina to assist m putting dov\-n the 
incipient rebellion ended most North Carolinians' reluctance to choose sides m the 
conflict. The state seceded from the Union in May, 1861. 

Once a member oi 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 



72 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

much of the Outer Banks and northeastern North CaroUna in 1862, leading lo 
constant, small-scale warfare m that region until the end of the conflict. 

One of the last major battles of the war occurred in March, 1865, at Bentomille, 
where Confederate troops under the command of Joseph E. Johnston tried to smash 
the left wing of Union Gen. William Tecumseh Sherman's army. Instead, Johnston's 
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 battlehelds m 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 public orphanages and improved public access to higher education. 
North Carolinians could no longer be imprisoned for debt under the new slate 
constitution and women, while still not given full citizenship rights, gained 
considerable new property rights. The constitution also ended the archaic network 
of county justices, replacing them instead with county commissions and establishing 
townships in each county for administrative purposes. 

The Progressive Era 

The dawn of the 20th Century brought changes to North Carolina's economy 
and society The state 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 stale's 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 slate funciion. 

North Carolina's state government made other progressive changes during ihc 
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 transporiation network through 
the creation of a state highway commission and funding of new road consiruciion 
through a series of statewide bond referenda. Morrison also coaxed ihc General 

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NORTH CAROLINA MANUAL 2003-2004 

Assembly into spending more money on public heallh throughout the state and 
funding vast improvements in the states public schools and public universities and 
colleges. 

Morrisons successor, Angus McLean (1925-29), continued the pattern of 
expanding the administrative scope and expertise of state government and lundmg 
badly-needed improvements m public infrastructure. McLean promoted the 
expansion and diversihcation of the state economy both m the industrial and 
agricultural sectors. Under McLeans guidance, the state also began systematic eftorts 
to attract new capital investment to North Carolina. 

War and Sacrifice 

The Japanese Na\7s attack on Pearl Harbor on Dec. 7, 1941, launched a new 
period of sacrifice for many North Carolina families. Coastal residents, particularly 
on the Outer Banks, had an uncomfortably close view ot the horrors ol modern 
war throughout 1942 and 1943 as German submarines torpedoed and sank scores 
of ships withm sight of land. Many North Carolina ci\'ilians 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 ol 
their own km m local cemeteries. 

North Carolina played a significant role m the American war effort. Fort Bragg, 
which dated back to World War 1, swelled m 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 of the war, military bases scattered 
throughout North Carolina had trained more men for combat than any other state 
in the Union. 

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

The Humble Giant 

The living standards of most state residents improved steadily iollowing 1960 
as North Carolina's investment m public higher education, unri\'aled by nearly any 
state south of the Mason-Dixon Line, produced large numbers of skilled workers 
and professionals. By 1990, tor the first time m its history, almost half of the states { 
residents fived m urban areas. Economic diversification, a better-educated work 
force and shrewd public sector investments such as the Research Triangle Park m 
the Raleigh-Durham-Chapel Hill area led to mushrooming population growth m 
the states cities. North Carolina, by 1980, had become one of the ten most populous ! 
states m the United States. 



74 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 



The Mecklenburg Declaration of 1 775 

officers 

Abraham Alexander, Chair 

John McKnitt Alexander 



Delegates 

Col. Thomas Polk 

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



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



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



T]\c following resolutions were presented: 

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

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

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

4. Resolved. That as we now acknowledge the existence and control of no law or 
legal officer, civil or military within this County, we do hereby ordain and adopt 
as a rule of life all, each and every of our former laws - wherein nevertheless the 



75 



NORTH CAROLINA MANUAL 2003-2004 

Crown of Great Britain never can be considered as holding rights, privileges, 
immunities, or authority therein. 

5. Resolved. That it is further decreed that all, each and ever)' Militaiy Officer 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 ofhcer, viz., a justice of the peace, m the 
character of a ''committee man" to issue process, hear and determine all matters 
of controversy according to said adopted laws and to preserve peace, union and 
harmony in said county, and to use every exertion to spread the love of Country 
and fire of freedom throughout America, until a more general and organized 
government be established in this Province. 

* 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 trom 
memory by the clerk some twenty years after the Mecklenburg meeting was 
supposedly held. The original notes had reportedly been lost in a hre. 

The Halifax Resolves of 1 776' 

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

It appears to your Committee that pursuant to the Plan eoncerted by the 
British Ministry for subjugating America, the King and Parliament of Great 
Britain have usurped a Power over the Persons and Properties of the People 
unlimited and uncontrouled; and disregarding their humble Petitions for Peace, 
Liberty and safety, have made divers Legislative Acts, denouncing War Famine 
and every Species of Calamity against the Continent in General. That British 
Fleets and Armies have been and still are daily employed in destroying the 
People and comniitting the most horrid devastations on the Country. Thai 
Governors in dijjerent Colonies have declared Protection to Slaves who should 
imbrue their Hands in the Blood of their Masters. That the Ships belonging to 
America are declared prizes oj War and many oj them haye been violently 
seized and conjiscated in consequence oj which multitudes oj the people have 
been destroyed or from easy Circumstances reduced to the LanKntable 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 cmd usurpations, 
and no hopes remain of obtaining redress by those Means alone which haye been 



76 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

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 he 
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 Colonv, 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 he 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 of 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 Parliament are annulled and vacated and 
the former civil constitution of these colonies for the present wholly suspended. 
To provide in some degree for the exigencies of this county, in the present alarming 
period, we deem it proper and necessary to pass the following resolves, viz.: 

1. That all commissions civil and military heretofore granted by the Crown to be exer- 
cised in these colonies are 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 Con- 
tinental Congress is invested with all legislative and executive powers within their 
respective Provinces and that no other legislative or executive power does or can 
exist at this time in any of these colonies. 

3. As all former laws are now suspended in this Province and the Congress has not yet 
provided others we judge it necessary for the better preservation of good order, to 
form certain rules and regulations for the internal government of this county until 
laws shall be provided for us hv the Congress. 

4. That the inhabitants of this county do meet on a certain day appointed by the con]- 
mittee and having formed themselves into nine companies... eighl in ihc county cmd 
one in the town of Charlotte 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 of 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 



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NORTH CAROLINA MANUAL 2003-2004 

sYiic/ company under the sum of twenty shiUuh^s and jointlv and together all eon- 
tro\crs\cs under ihc sum of foily shil/in_gs that so as their decisions may admit oj 
appeal to the ionvention of the selectmen oj the county and also that any one of these 
shall have powei' to examine and commit to confinement persons accused of petit 
larceny. 

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

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

8. That these eighteen selectmen thus appointed do meet eyery third Tuesday in Janu- 
ary, April July and OctobcK at the Court House in Charlotte, to hear and deter- 
mine all matters of controyersy for sums exceeding forty shillings, also appeals, and 
in cases of felony to commit the person or persons conyicted 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 ei'^hteen 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 offender 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 paving such a Debt; the Clerk, or such Member, shall issue his 
Wxirrant to the Constable, coninumding Jiim to take said Person or Persons into safe 
Custody, until the next sitting of tJie Convention. 

IT That when a Debtor for a Sum below Forty ShiUings shall abscond and leave the 
Coimty, the Warrant granted as aforesaid shall extend to any Goods or Chattels of 
the said Debtor as may be found, and such Goods or Chattels be seized and held m 
Custody hv the Constable jor the space oj Thirty Dais: m which Term ij the Debtor 
fails to return and Discharge the Debt, the Constable shall return the Warrant to 
one oj the Select Men oj the Conipany where the Goods and Chattels weie found, 
who shall issue Orders to the Constable to sell such a part of the said Goods as shall 
amount to the Sum due; that when the Debt exceeds Forty Shillings, the Return shall 
be made to the Convention, who shall issue the Orders jor Sale. 



78 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 

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

13. That the committee be accountable to the county for the application of all monies 
received from such public officers. 

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

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

16. That whatever person hereafter shall receive a commission from the Crown or cU- 
tempt to exercise any such commission heretofore received shall be deemed an en- 
emy to his country and upon information being made to the captain of the company 
in which he r-esides, the said company shall cause him to be apprehended and con- 
veyed before the two selectmen of the said company, who upon proof of the fact, shall 
commit him the said offender to safe custody until the next sitting of the committee, 
who shall deal with him as prudence may direct. 

1 7. That any person i-efusing to yield obedience to the above resolves shall be corisider-ed 
equallv criminal and liable to the same punishment as the offenders above last men- 
tior^ed. 

18. That these resolves be in full forxe and virtue until instr-uctions from the Provincial 
Congr-ess... shall provide otherwise or the le^slative body of Grrat Britain resign its 
unjust and arbitrary pretensions with respect to America. 

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

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

Signed by order of the Committee, 

Eph. Brevard, Clerk of the Committee 

On May 31, 1775, a committee of Mecklenburg County citizens drew up a set 
of resolves, declaring that all commissions theretofore issued by the Crown were to 
be considered null and void. They proceeded to re-organize their local government, 
saying they should "hold and exercise their several powers by virtue of this choice 

79 



NORTH CAROLINA MANUAL 2003-2004 

and independent of ihc Crown of Great Britain and former constitution of thus 
proN'ince," Tliese resolves were printed in the Novih Carolina Gazette, New Bern, 
June lb, 1775. 

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



80 



NORTH CAROLINA'S BEGINNINGS CHAPTER TWO 



81 



NSTTTUTION: AN' 



Our Constitutions: An Historical Perspective 

by John L. Sanders 

Former Director of the Institute of Government 

Tlie University of North Carolina at Chapel Hill 

Constitution of 1776 

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

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 lefi 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\'e no direct 
recognition to population, resulted in the Convention of 1835. Extensive 
constitutional amendments adopted by that convention were ratified by a vote of 
the people — 26,771 to 21,606 — on November 9, 1835. The 1835 amendments 
fixed the membership of the Senate and House of Commons at ihcir prcscni levels. 




D R ICMTFERSWWVE 



NORTH CAROLINA MANUAL 2003-2004 

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

The Amendments of 1835 also instituted popular election oi the governor tor a 
two-year term, greatly strengthening that office; relaxed the religious qualifications 
for office holding; abolished suffrage for free black residents; equalized the capitation 
tax on slaves and free white males; prohibited the General Assembly from granting 
divorces, legitimating persons or changing personal names by private act; specified 
procedures for the inrpeachment of state officers and the removal ot judges for 
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 \'oters to cast ballots in 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 Convention of 1861-62 

The Convention oi 1861-62, called by act oi 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 b)' the state constitution 
until 1971. 

The Convention of 1865-66 

The Con\'ention of 1865-66, called by the provisional gox-ernor on orders of 
the President of the United States, nullified secession and abolished sla\'er\-, with 
voter approval, m 1865. It also drafted a revised state constitution m 1866. That 
document was lars;elv a restatement of the Constitution ol 1776 and the 1835 
amendments, plus several new teatures. It was rejected by a vote of 21,770 to 
19,880 on August 2, 1866. 

Tlte Convention of 1868 

The Convention of 1868, called upon the initiative of Congress, but with a 
popular vote oi approval, wrote a new state constitution which the people ratified 
m 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 

84 



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 little or no change. 

The Constitution of 1868 incorporated the 1776 Declaration of Rights into the 
Constitution as Article 1 and added several important guarantees. The people were 
given the power to elect all 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 significantly A simple and uniform court system was established with 
the jurisdiction of each court specified in the constitution. The distinctions between 
actions at law and suits in equity were abolished. 

For the first time, detailed constitutional provision was made for a system of 
taxation and the powers of the General Assembly to le\7 taxes and to borrow money 
were limited. Homestead and personal property exemptions were granted. Free 
public schools were called for and the maintenance of penal and charitable institutions 
by the state was commanded. A uniform scheme of county and township 
government was prescribed. 

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

The General Assembly thereupon resorted to legislative initiative to amend the 
constitution. That procedure called for legislative approval of each proposed 
amendment at two successive sessions, followed by a vote of the people on ihc 
amendment. The 1871-72 legislative session adopted an act calling for about three 
dozen amendments to the constitution, all of which were intended to restore to the 
General Assembly the bulk of the power over local government, the courts, and the 



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NORTH CAROLINA MANUAL 2003-2004 

public schools and the Uni\'ersity of North Carolina that had been taken h'om it by 
the Constitution o^ 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 in 1873 by wide margins. These amendments restored 
biennial sessions of the General Assembly, transferred control of the University of 
North Carolina from the State Board of Education to the General Assembly, abolished 
various new state offices, altered the prohibition against double office-holding and 
repealed the prohibition against repudiation of the state debt. 

The Convention of 1875 

In 1875, the General Assembly called a convention of the people to consider 
constitutional re\'ision. This action was not conhrmed by popular referendum and 
none was constitutionally required at the time. The Convention of 1875 (the most 
recent m the states history) sat for hve weeks m the fall of that year. It was a limited 
convention that had been specifically forbidden to attempt certain actions, such as 
reinstatement of property ciualihcations tor oflice-holdmg 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 oi 30 amendments affecting 36 
sections of the state constitution. These amendments (which took etfect on January 
1, 1877): 

Prohibited secret political societies. 

Moved the legislative convening date fix)m 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 DepaitiTient of Agriculture. 

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

Reduced the Supreme Couit fi^om five to thiee members. 

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

Disqualified for voting persons guilty of certain crimes. 

Established a one-yeai' residency requirement for voting. 

Required non-disciiminatory racial segregation in the public schools. 

Gave the General Assembly ftill power to revise or abolish the foim and 
power's of county and township governments. 



86 



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

The amendments framed by the Convention of 1875 seem to have satisfied 
most of the need for constitutional change for a generation. Only four amendments 
were submitted by the General Assembly to the voters throughout the remainder of 
the nineteenth century. Three of them were ratified; one failed. 

In 1900, the suffrage article was revised to add a literacy test and poll tax 
requirement for voting (the latter provision was repealed in 1920). A slate of ten 
amendments prepared by a constitutional commission and proposed by the General 
Assembly in 1913 was rejected by voters in 1914. With the passage of time and 
amendments, the attitude towards the Constitution of 1868 had changed from 
resentment to a reverence so great that, until the second third of the 20th 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 legislatures power to enact local, private and special legislation were adopted, 
but subsequently rendered partly ineffective by judicial interpretation. 

The Proposed Constitution of 1933 

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



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NORTH CAROLINA MANUAL 2003-2004 

Blocked by a technicality raised in an advisory opinion oi 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 
couits hiferior 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 goveniments by general law only. 

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

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

Several provisions of the proposed Constitution of 1933 were later incorporated 
into the constitution by individual amendments. To a limited extent, the proposed 
Constitution of 1933 sen'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 m amendments: 

Authorizing the classification of property for taxation. 
Strengthening the limitations up)on 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 GreneraL 

Enlarging the Council of State by three members. 

Creating a new, appomtive State Board ofEducation with general 
supervision of the schools. 

Permitting women to serve as jurors. 

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

Permitting the waiver of indictment in non-capital cases. 

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



88 



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 in the state constitution and to make recommendations 
pursuant to its findings to the governor and the 1959 session of the General Assembly 

The commission recommended rewriting the entire constitution and submitting 
it to the voters for approval or disapproval as a unit, since the suggested changes 
were too numerous to be easily effected by individual amendments. The proposed 
constitution drafted by the commission represented in large part a careful job of 
editorial pmning, 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 
redistnctmg of the Senate would have been shifted from the General Assembly to an 
ex-officio committee of three legislative officers. Decennial reapportionment of the 
House of Representatives would have been made a duty of the speaker of the House, 
rather than of the General Assembly as a whole. Problems of succession to 
constitutional state executive offices and how to settle questions of officers' disability 
would have been either resolved in the constitution or had their resolution assigned 
to the General Assembly The authority to classify property for taxation and to 
exempt property from taxation would have been required to be exercised only by 
the General Assembly and only on a uniform, statewide basis. The requirement that 
the public schools constitute a "general and uniform system" would have been 
eliminated and the constitutional authority of the State Board of Education reduced. 

Fairly extensive changes were recommended in the judicial article of ihc 
constitution as well, including the estabUshment of a General Court of Justice with 
an Appellate Division, a Superior Court Division and a Local Trial Court Division. 
A uniform system of district courts and trial commissioners would have replaced 
the existing multitude of inferior courts and justices of the peace. The creation of an 
intermediate Court of Appeals would have been provided for and uniformii)- o\ 
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. 



89 



NORTH CAROLINA MANUAL 2003-2004 

The General Assembly of 1959 also had before U a recommendation for a 
constitiuional reformation of the court system that had originated with a Court 
Study Committee of the North CaroHna Bar Association. In general, the 
recommendations oi' that committee called for more fundamental changes m the 
courts than those proposed by the Constitutional Commission. The extent of the 
proposed authority oi 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 oi 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 irom 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 ot 1933, the proposed 
Constitution of 1959, though not adopted as a whole, subsequently provided 
material for several amendment proposals which were submitted individually to 
the voters and approved by them during the next decade. 

In the General Assembly of 1961 , the proponents ot court reform were successful 
m obtaining enactment of a constitutional amendment, approved by the voters in 
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 disability determination. 

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

AUowed increases in the compensation of elected state executive officers 
during tlieh'teiTns. 

Required that the power of the General Assembly to classify and exempt 
property for taxation be exercised by it alone and only on a unifonn, 
statewide basis. 

The session ol 1963 submitted two amendments. The first, to enlarge the rights 
of married women to deal with their own property, was approved by the voters. 
The second, to enlarge the Senate from 50 to 70 members and allocate one member 
of the House of Representative to each county, was rejected by the voters. The 

90 



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 fix its ovv-n compensation and revising the 
legislative apportionment scheme to conform to the judicially-established 
requirement of representation in proportion to population in both houses. 

Constitution of 1971 

From 1869 through 1968, a total of 97 propositions for amending the state 
constitution were submitted to the voters. All but one of these proposals originated 
in the General Assembly. Of those 97 amendment proposals, 69 were ratified by 
the voters and 28 were rejected. The changing attitude of the voters toward 
constitutional amendments is well illustrated by the fact that from 1869 to 1933, 
21 of the 48 amendment propositions were rejected by the voters — a failure rate of 
nearly 43%. Between 1933 and 1968, only seven of 49 proposed amendments 
were rejected by the voters — a failure rate of only 14.3%. 

After the amendments of the early 1960s, the pressure for constitutional change 
subsided. Yet, while the frequent use of the amendment process had relieved many 
of the pressures that otherwise would have strengthened the case for constitutional 
reform, it had not kept the constitution current in all respects. Constitutional 
amendments usually were drafted in response to particular problems experienced 
or anticipated. They were generally limited in scope so as to achieve the essential 
goal, while arousing minimum unnecessary opposition. This strategy meant 
amendments sometimes were not as comprehensive as they should have been to 
avoid inconsistency in result. Obsolete and invalid provisions cluttered the 
constitution and misled unwary readers. Moreover, in the absence of a comprehensive 
reappraisal, there had been no recent occasion to reconsider constitutional provisions 
that, while obsolete, were not frustrating or unpopular enough to provoke curative 
amendments. 

The Cottstitutional Study Commission of 1968 

It was perhaps for these reasons that when Governor Dan K. Moore 
recommended to the North Carolina State Bar in the fall of 1967 that it take the lead 
in making a study of the need for revision of the state constitution, the 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 commission's 25 members 
(fifteen attorneys and ten laymen) were chosen by a steering committee representative 
of the sponsoring organizations. The chairman of the study commission was former 
state Chief Justice Emery B. Denny 



91 



NORTH CAROLINA MANUAL 2003-2004 

The Stale Constitution Study Commission worked throughout most of 1968. 
It became clear early in the course of its proceedings that the amendments the 
commission wished to propose were too numerous to be submitted to the voters 
as independent propositions. On the other hand, the commission did not wish to 
embody all of its proposed changes in a single document, to be approved or 
disapproved by the voters on a single vote. The compromise procedure developed 
by the commission and approved by the General Assembly was a blend 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 in the constitution, 
together with substantive changes that the commission judged would not be 
controversial or tundamental m nature. These were embodied in the document that 
came to be known as the Constitution of 1971. 

Those proposals for change deemed to be sufhciently fundamental or potentially 
controversial in character were set out as independent amendment propositions, to 
be considered by the General Assembly and by the voters of the state on their 
independent merits. Thus, the opposition to the latter proposals would not be 
cumulated. The separate proposals framed by the commission were ten m number, 
including one extensive revision of the finance article of the constitution which was 
largely the work of the Local Government Study Commission, a legislatively- 
established group then at work on the revision 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 v^'as an active topic of interest 
throughout the session. The proposed Constitution of 1971, in the course of seven 
roll-call votes (tour m the House of Representatives and three m the Senate), received 
only one negative vote. The independent amendments fared variously; six were 
ultimately approved by the General Assembh' and submitted to the voters. These 
included the executive reorganization amendment, the finance amendment, an 
amendment to the income tax provision of the constitution, a reassignment of the 
benefits ot escheats, authorization for calling extra legislative sessions on the petition 
ol 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 1 
Constitution Study Commission. At the election held on November 3, 1970, the ' 
proposed Constitution of 1971 was approved by a vote of 393,759 to 251,132. 
Five of the six separate amendments were also approved by the voters; the literacy 
test repeal was rejected. 

The Constitution of 1971 took effect under its own terms on July 1, 1971. So 
did the executive reorganization amendment, the income tax amendment, the escheats 
amendment and the amendment with respect to extra legislative sessions, all of 
92 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

which amended the Constitution of 1971 at the instant it took effect. The finance 
amendment, which made extensive revisions in the Constitution of 1 97 1 with respect 
to debt and local taxation, took effect on July 1, 1973. The two-year delay in its 
effective date was required in order for the General Assembly of 1973 to conform 
state statutes on local government finance to the terms of the amendment. 

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

effects a general editorial revision of the constitution... The deletions, 
reorganizations, and improvements in the clarity and consistency oj language 
will he found in the proposed constitution. Some oj 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 1, 11, 111, V, IX, 
and X — were rearranged into a more logical sequence. Sections were shifted from 
one article to another to arrange the subject matter more appropriately. Clearly 
obsolete and erroneous text was deleted, as were provisions essentially legislative 
in character. The new constitution sought uniformity of expression where uniformity 
of meaning was important. Directness and currency of language were also sought, 
together with standardization in spelling, punctuation, capitalization and other 
essentially editorial matters. Greater 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 1), which dates from 1776 (with some 1868 
additions), was retained with a few additions. The organization of the article was 
improved and the frequently used subjunctive mood was replaced by the imperative 
in order to make clear that the provisions of that article are commands and not mere 
admonitions. (For example, "All elections ought to be free" became "All elections 
shall be free.") Guarantees of freedom of speech and equal protection of the laws 
and a prohibition against exclusion from jury service or other discrimination by 
the state on the basis of race or religion were added to the article. Since all of the 
rights newly expressed in the Constitution of 1971 were already guaranteed by the 
United States Constitution, their inclusion simply constituted an explicit recognition 
by the state of their importance. 

In the course of reorganizing and abbreviating Article 111 (the Executive), the 
governor's role as chief executive was brought into clear focus. The scattered statements 
of the governor's duties were collected in one section to which was added a brief 
statement of his budget powers, formerly merely statutory in origin. No change 
was made in the governor's eligibility or term or in the list of state executives then 
elected by the people. The governor, heutenant governor and attorney general were 



93 



NORTH CAROLINA MANUAL 2003-2004 

added to the Council of Stale (formerly seven elected executives with the governor 
only serving as presiding ollicer) as ex-officio members. 

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

The editorial amendments to Article V, dealing with hnance and taxation, were 
extensive. Provisions concerning finance were transferred to it from four other articles. 
The former finance provisions were expanded m some instances to make clearer 
the meaning of excessively-condensed provisions. The only substantu'e 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 ot two or more 
elective state offices or of a federal office and an elective state otfice. It expressly 
prohibits the concurrent holding of an)' two or more appointive offices or places of 
trust or profit, or of any combination of elective and appomtR'e 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 ot the General 
Assembly's plenary authority over local government and a declaration that any unit 
formed by the merger of a city and a count)' 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 oi public schools and higher education. Obsolete provisions 
— especially those pertaining to racial matters — were eliminated and other changes 
were made to reflect current practice m the administration and financing of schools. 

The constitutionally mandated school term was extended from six months (set 
in 1918) to a minimum ol nine months (where it had been fixed by statute many 
years earlier). The possibly restrictive age limits on tuition-free public schooling 
were remo\'ed. Units of local government to which the General Assembly assigns a 
share of responsibility for financing public education were authorized to finance 
education programs, including both public schools and technical institutes and 

94 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

community colleges, from local revenues without a popular vote of approval. It 
was made mandator)^ (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 
hfe insurance taken out for the benefit of wives and children was broadened. 

The pro\isions prescribing the permissible punishments for crime and Umiting 
the crimes punishable by death (Article XI) were left essentially intact. 

The procedures for constitutional revision (xA.rticle 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 ii, that no governor could 
effectively oversee an administrative apparatus of such disjointed complexity The 
commissions solution was an amendment, patterned after the Model State 
Constitution and the constitutions of a few other states, requiring the General 
Assembly to reduce the number of administrative departments to not more than 25 



95 



NORTH CAROLINA MANUAL 2003-2004 

by 1975 and to give the governor authority to reorganize and consohdate agencies, 
sub]cct to disapproval by action of either house of the legislature it the changes 
affected existing statutes. 

The second separate constitutional amendment ratified 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-fifths of all the members of each house, the president of the Senate 
and the speaker of the House of Representatives must convene an extra session of 
the General Assembly. Thus the legislative branch is now able to convene itself, 
notwithstanding the contrary wishes of the governor. 

The most significant of the separate amendments — and m some ways the 
most important of the constitutional changes ratified m 1970 — is the Finance 
Amendment. This amendment, ratified m 1970 and effective July 1, 1973, is 
especially important 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 m order to finance the provision within 
those special districts of a higher level of governmental service than that 
available in the unit at laige, either by supplementing existing seivices 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 govemment 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 
exjDcnditur'es should require voter approval and what types should be 
made by a governing boar'd 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 
pviblic purposes only." This was designed to facilitate cooperative 
endeavors by government and the private sector for public purposes. 



96 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Defined the various forms of public financial obligations more precisely 
than in the previous constitution, with the general efiFect 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 unif s indebtedness was reduced 
during the last fiscal period, except for purposes listed in the 
constitution. This list was lengthened to include "emergencies 
immediately threatening public health or safety." 

Retained unchanged the provisions governing the classification and 
exemption of property for purposes of property taxation. 

Omitted the limitation of 200 per $100 of valuation previously imposed 
on the general county property tax. 

The fourth independent amendment also dealt with taxation. It struck out a 
schedule of specified minimum exemptions from the constitutional pro\'ision on 
the state income tax, leaving those exemptions to be fixed by the General Assembly. 
This change enabled the legislature to provide for the filmg 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 reheving the taxpayer of two sets 
of computations. The amendment retained the maximum tax rate of ten percent. 

The final amendment ratifted 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 
nuUihed by federal legislation and the failure of repeal had no jiractical effect. 

Constitutional Amendments, 1971-2004 

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 ISyears. 



97 



NORTH CAROLINA MANUAL 2003-2004 

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 
conseivation 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 us 1973 session, submitted — and voters m 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 hnance 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 hnance health care facilities and by counties to hnance industrial 
facihties. 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 four years, but prohibited the governor and lieutenant governor 
from serving successive four-year terms of the same ofhce. The 1971 constitution 
retained this hmitation. An amendment to empower voters to elect both the governor 
and lieutenant governor to two successive terms of the same ofhce was submitted 
by the 1977 General Assembly and ratihed 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 fi^ee fi:'om all claims of the insured's creditors or 
of her (or his) estate. 

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

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



98 



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 UtiUties Commission. The voters 
rejected amendments: 

Extending the terms of all members of the General Assembly fir om 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 fecUities 
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 municipahties to issue tax- 
increment bonds without voter approval. 

On May 8, 1984, voters ratified an amendment submitted by the General 

•Assembly of 1983 that authorized the General Assembly to create an agency to 

issue tax-exempt revenue bonds to finance agricultural facilities. On November 6, 

1984, voters approved an amendment requiring that the attorney general and all 

district attorneys be licensed lawyers as a condition of election or appointment. 

An amendment to shift elections for state legislative, executive and judicial officers 
and for county officers from even-numbered to odd-numbered years (beginning in 
1989 for legislators and 1993 for governors and other state 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 
I and lieutenant governor from election to two successive terms of the same office 
was proposed by the 1985 legislative session for a popular vote on November 4, 
1986. The 1986 adjourned session repealed the act proposing the amendment 
before it could go to popular referendum. 

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



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NORTH CAROLINA MANUAL 2003-2004 

Authorized legislation enabling state and local govemments to develop 
seapoits and airpoits and to participate jointly with other public 
agencies and with private parties and issue tax-exempt bonds for that 
puipose. 

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

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

Ended North Carolina's unique status as the only state in the Union that 
did not allow its governor to veto legislation enacted by the state 
legislature. Since Januaiy 1, 1997, the governor may veto ordinary 
statewide legislation enacted by the (jieneral 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 couils may impose on 
persons convicted of ciimes without their consent This amendment 
strengthens the basis for more modem foiTns 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 
passing 111 the House of Representatives. 

Two other amendments passed the Senate and remained before the House of 
Representatives in 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 m even-numbered years to 



100 



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 taxpayer's residence (homestead) excluded from 
property taxation and raise the maximum income threshold for taxpayers to qualify 
for the homestead exemption. 

Three amendments were approved by voters at the polls in November, 2004. 
The first amendment allows local governments to create economic development 
districts and to pay for infrastructure improvements m those districts through lax 
levies on the enhanced property value of the districts. The second amendment allows 
the General Assembly to place the proceeds from ci\al fines, forfeitures and penalties 
in a fund used exclusively to maintain public schools. The third amendment changes 
the first term of magistrates of the General Court of Justice to two years with 
subsequent terms lasting four years each. 

Conclusion 

The people of North Carolina have treated their constitution with conservatism 
and respect. The fact that we have adopted only three constitutions in over two 
centuries of existence as a state is the chief evidence of that attitude (some states 
have adopted as many as five or ten constitutions in a like period). The relatively 
small number of amendments, even m recent years, is another point of contrast to 
many states. It reflects the fact that North Carolina has been less disposed than have 
many states to write into its state constitution detailed provisions dealing with 
transitory or topical matters better left to legislation. The constitution has allowed 
the General Assembly wide latitude for decision on public affairs. Legislators 
consequently have been willing to accept responsibility for and act on matters within 
their authority instead of passing the responsibility for difhcult decisions on to the 
voters in the form of constitutional amendments. 

Constitutional draftsmen have not been so convinced of their own exclusive 
hold on wisdom or so doubtful of the reliability of later generations of legislators 
that they found it necessary to write into the constitution the large amount oi 
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 of 
Appeals for the Fourth Circuit (1925-58), who observed: 

The purpose oj a state constitution is two-fold: (J) to protect the rights oj 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 of a constitution 
to deal with temporary conditions, but to lay down general principles oj 
government which must be observed amid changing conditions. It follows, then, 
that a constitution should not conUnn elaborate legislative provisions, but should 

101 



NORTH CAROLINA MANUAL 2003-2004 

/c(v down bricjlv and dcaiiv fundamental principles upon which government 
shall proceed, leaving it to the people's representatives to apply these pnnciples 
through legislation to conditions as they arise. 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). 

led Rejected Year of Vote Ratified Rejected 

1948 1 3 

1950 5 

1952 3 

1954 4 1 

1956 4 

1 1958 1 
1962 6 
10 1964 1 1 
1966 1 
1968 2 

1970 6 1 

1 1972 5 

1 1974 1 1 
1976 2 

2 1977 5 

3 1980 1 
3 1982 3 4 
1984 2 
1986 3 1 
1993 1 

1996 3 

1 2004 3 



totals 104 36 



Year of Vote 


Rati] 


1868 


1 


1873 


8 


1876 


1 


1880 


2 


1888 


1 


1892 





1900 


1 


1914 





1916 


4 


1918 


2 


1920 


2 


1922 





1924 


3 


1926 


1 


1928 


1 


1930 





1932 


1 


1936 


5 


1938 


2 


1942 


2 


1944 


5 


1946 


1 



102 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Constitution of North Carolina 

[as amended to January 1, 2005] 

Preamble 

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

Article I 

Declaration of Rights 

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

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

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

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

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



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NORTH CAROLINA MANUAL 2003-2004 

Sec. 5. Allegiance to the United States. Every citizen of this State owes paramount 
allegiance to the Consiituiion and gox'crnment of the United States, and no law or 
ordinance ol the Slate in contnu'cntion or subversion thereof can have any binding 
force. 

! 

Sec. 6. Separation ojpowers. The legislative, executive, and supreme judicial powers 
of the State government shall be lorever separate and distinct Irom 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 ot themselves 
or their representatives m the General zA.ssembly, freely given. 

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

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

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

Sec. 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 v/ith the rights of conscience. 

Sec. 14. Freedom of speech and press. Freedom of speech and of the press are two 
of the great bulwarks of liberty and therefore shall never be restrained, but every i 
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 ol the State to guard and maintain that right. ' 



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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 be 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 life, liberty, or property, but by the law of 
the land. No person shall be denied the equal protection of the laws; nor shall any 
person be subjected to discrimination by the State because of race, color, religion, 
or national origin. 

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

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

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



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NORTH CAROLINA MANUAL 2003-2004 

Sec. 23. Rights of 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 tor defense, and not be 
compelled to gi\'e self-mcriminating 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 b\' the unanimous x'crdict of a ]ury in open court. The General Assembly 
may, howe\'er, provide for other means of trial for misdemeanors, with the right of 
appeal for trial de novo. 

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

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

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

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

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 ot two witnesses 
to tlie same overt act, or on contession m open court. No conviction ot treason or 
attainder shall work corruption of blood or torfeiture. 

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

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



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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 m this State. 

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

Sec. 35. Recurrence to fundamental principles. A frequent recurrence to fundamental 
principles is absolutely necessary to preserve the blessings of 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 ot crime, as prescribed by law, shall be entitled to the 
following basic rights: 

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

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

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

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

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

(0 The right as prescribed by law to receive notification of escape, release, 
proposed parole or pardon of the accused, or notice of a reprieve or 
commutation of the accuseds sentence. 

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



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NORTH CAROLINA MANUAL 2003-2004 

(2) No money damages; other enforcement. Nothmg m this section shall be 
construed as creating a claim for money damages against the State, a county, a 
municipality, or any of the agencies, instrumentalities, or employees thereof. 
The General Assembly may provide for other remedies to ensure adequate 
enforcement of this section. 

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

Article II 

Legislative 

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

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 alter ' 
the return of every decennial census of population taken by order of Congress,  
shall revise the senate districts and the apportionment of Senators among those I 
districts, subject to the following requirements: 

I 

(1) Each Senator shall represent, as nearly as may be, an equal number of J 

inhabitants, the number of inhabitants that each Senator represents being | 
determined for this purpose by dividing the population ot the district that he 
represents by the number of Senators apportioned to that district; 

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

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

(4) When estabhshed, 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. 



108 



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 ever)' 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 territory; 

(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 in the district for which he is 
chosen for one year immediately preceding his election. 

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

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

Sec. 9. Term of office. The term of office of Senators and Representatives shall 
; commence on the hrst day of Januar)' next after their election. 
li 

I Sec. 10. Vacancies. Every vacancy occurring m 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. 

I (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 2003-2004 

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

Sec. 12. Oath oj members. Each member of the General Assembly, before taking 
his seat, shall take an oath or attirmation that he v^'ill 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. 1 3. President oj 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. 

CD 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 Go\'ernor-elect to qualify, or upon 
succession by the Lieutenant Governor to the oftice ot Governor, or upon the 
death, resignation, or removal from office of the President of the Senate, and 
who shall ser\'e until the expiration of his term of office as Senator. 

(2) President Pro Tempore - temporary succession. During the physical or 
mental incapacity of the President of the Senate to perform the duties of his 
oftice, or during the absence of the President of the Senate, the President Pro 
Tempore shall preside over the Senate. 

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

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 tor their senices the compensation and allowances prescribed 
by law. An increase m 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. 



110 



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 m 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 m 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 it with 
objections, together with a veto message stating the reasons for such objections, 
to that house m which it shall have originated, which shall enter the objections 
and veto message at large on its journal, and proceed to reconsider it. If after 
such reconsideration three-fifths of the members of that house present and voting 
shall agree to pass the bill, it shall be sent, together with the objections and veto 
message, to the other house, by which it shall likewise be reconsidered; and if 
approved by three-fifths of the members of that house present and voting, it 
shall become a law notwithstanding the objections of the Governor. In all such 
cases the votes of both houses shall be determined by yeas and nays, and the 
names of the members voting shall be entered on the journal of each house 
respectively. 



Ill 



NORTH CAROLINA MANUAL 2003-2004 

(2) Amendments to Constitution of North Carolina. Eveiy bill proposing a 
new or revised Constitution or an amendment or amendments to this 
Constitution or calling a convention o'i the people ot this State, and containing 
no other matter, shall be submitted to the quaUfied voters of this State after it 
shall ha\'e been read three times in each house and signed by the presiding 
ofticers of both houses. 

O^ Amendments to Constitution of the United States. Ever)' 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 m each house before it becomes law, 
and shall be signed by the presiding ofhcers of both houses. 

(4) Joint resolutions. Eveiy joint resolutic^n shall be read three times in each 
house before it becomes effective and shall be signed by the presiding ofhcers 
of both houses. 

(5) Other exceptions. Eveiy bill: 

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

(b) Re\'ising 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 otticers 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 ofhcers of both houses. The exemption from veto by the Governor 
provided in this subsection does not apply if the bill, at the time it is signed by 
the presiding ofhcers: 

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

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



112 



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 
lavv' classihed by population or other criteria, or to any bill that contains an 
appropriation from the State treasury. 

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

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

(b) Sine die 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 m accordance with this section after adjournment 
shall not become law. 

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

Sec. 23. Revenue hills. No law shall be enacted to raise money on the credit of the 
State, or to pledge the faith of the State direcdy or indirectly for the payment of an)' 
debt, or to impose any tax upon the people of the State, or to allow the counties, 
cities, or towns to do so, unless the bill for the purpose shall have been read three 
several times in each house of the General Assembly and passed three several 
readings, which readings shall have been on three different days, and shall have 
been agreed to by each house respectively and unless the yeas and nays on the 
second and third readings of the bill shall have been entered on the journal. 

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

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

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NORTH CAROLINA MANUAL 2003-2004 

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

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

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

(d) Relating to ferries or bridges; 

(e) Relating to non-navigable streams; 

(f) Relating to cemeteries; 

(g) Relating to the pay of jurors; 

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

Ci) Remitting hues, penalties, and forfeitures, or refunding moneys legally 
paid into the public treasuiy; 

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

(k) Extending the time tor the le\y or collection of taxes or otherwise relieving 
any collector of taxes from the due performance of his oiticial duties or his 
sureties from liability; 

(0 Giving effect to informal wills and deeds; 

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

(,n) Altering the name of any person, or legitimating any person not born m 
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. 

C3) Prohibited acts void. Any local, private, or special act or resolution enacted 
in violation ot the provisions of this Section shall be void. 

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

Article Ml 

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. 



114 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(1) Election and term. The Governor and Lieutenant Governor shall be elected 
by the quaUfied 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 
qualified. 

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

Sec. 3. Succession to office of Governor. 

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

(2) Succession as Acting Governor. Durmg 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 hied with 
the Attorney General, declare that he is physically incapable of performing the 
duties of his office, and may thereafter in the same manner declare thai he is 
physically capable of performing the duties of his office. 

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

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NORTH CAROLINA MANUAL 2003-2004 

C5) Impeachmenl. Remox'al ot the Governor trom office for any other cause 
shall be by impeachmenl. 

Sec. 4. Oath of office for Governor. The Governor, before entering upon the duties 
oi his ottice, shall, before any Justice of Supreme Court, lake an oath or atlirmation 
that he will support the Constitution and laws of the United States and of the Stale 
ot North Carolina, and that he will faithfully perform the duties pertaining to the 
oflice of Governor. 

Sec. 5. Duties of Governor 

{D Residence. The Governor shall reside at the seat of government of this 
State. 

(2) Intormalion to General Assembly. The Governor shall trom 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 ot the State for the ensuing fiscal period. The budget as enacted 
by the General Assembly shall be administered by the Governor. 

The total expenditures of the Slate for the hscal period covered by the budget 
shall not exceed the total of receipts during that fiscal period and the surplus 
remaining m the State Treasury at the beginning of the period. To insure that 
the State does not incur a deficit for any fiscaf period, the Governor shall 
continually surx'cy the collection o( the revenue and shall effect the necessaiy 
economies m State expenditures, after first making adequate provision for the 
prompt payment ot the principal of and interest on bonds and notes of the State 
according to their terms, whenever he determines that receipts during the fiscal 
period, when added to any surplus remaining m the Stale Treasury at the 
beginning oi the period, wifl not be sufficient to meet budgeted expenditures. 
This section shall not be construed lo impair the power of the Stale to issue its 
bonds and notes wiihm the limitations imposed m Article \^ of this Constitution, 
nor to impair the obligation of bonds and notes of the State now outstanding 
or issued hereafter. 

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

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



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(6) Clemency. The Governor may grant reprieves, commutations, and pardons, 
after conviction, for all offenses (except in cases of impeachment), upon such 
conditions as he may think proper, subject to regulations prescribed by law 
relative to the manner of applying for pardons. The terms reprieves, 
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 duties as he considers necessary for efficient 
administration. If those changes affect existing law, they shall be set forth in 
executive orders, which shall be submitted to the General Assembly not later 
than the sixtieth calendar day of its session, and shall become effective and shall 
have the force of law upon adjournment sine die of the session, unless specifically 
disapproved by resolution of either house of the General Assembly or specifically 
modified by joint resolution of both houses of the General Assembly 

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

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

(b) Sine die. 

If the date of reconvening the session occurs after the expiration ot the 
terms of office of the members of the General Assembl)-, then the members 
serving for the reconvened session shall be the members for the succeeding 
term. 



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NORTH CAROLINA MANUAL 2003-2004 

Sec. 6. Duties of the Lieutenant Governor. The Lieuienant Governor shall be 
Presidcnl of the Senate, but shall have no vote unless the Senate is equally divided. 
He shall pertorm 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. 

CI) Officers. A Secretary of State, an Auditor, a Treasurer, a Superintendent of 
Public Instruction, an Attorney General, a Commissioner of Agriculture, a 
Conrmissioner ol Labor, and a Commissioner ot Insurance shall be elected by 
the qualihed voters of the State m 1972 and eveiy four years thereafter, at the 
same time and places as members of the General Assembly are elected. Their 
term ot otfice shall be four years and shall commence on the hrst day of January 
next alter their election and continue until their successors are elected and 
qualihed. 

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

(3) Vacancies. If the office of any of these officers is vacated by death, resignation, 
or otherwise, it shall be the duty of the Governor to appoint another to serve  
until his successor is elected and qualified. Ever)' such vacancy shall be filled 
by election at the first election for members of the General Assembly that occurs 
more than 60 days afier the vacancy has taken place, and the person chosen 
shall hold the office for the remainder of the unexpired term fixed m this Section. 
When a vacancy occurs in the office of any of the officers named m this Section 
and the term expires on the first day of Januaiy succeeding the next election for 
members of the General Assembly, the Governor shall appoint to fill the \'acancy 
lor the unexpired term of the office. 

(4) Interim officers. Upon the occurrence of a vacancy in the office of any one 
of these officers lor any of the causes stated m the preceding paragraph, the 
Governor may appoint an interim officer to perfornr the duties of that office 
until a person is appointed or elected pursuant to this Section to fill the vacancy 
and is qualified. 

(5) Acting officers. During the physical or mental incapacity of any one of 
these officers to perform the duties of his office, as determined pursuant to ihis 
Section, the duties of his office shall be performed by an acting officer who 
shall be appointed by the Governor. 



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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 the officers whose 
offices are established by this Article. 

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

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

Sec. 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 pro\idcd 
in Section 3 of this Article, be vested in a Court for the Trial of Impeachments and 
in a General Court of Justice. The General Assembly shall have no power to deprive 
the judicial department of any power or jurisdiction that rightfully pertains to it as 
a co-ordinate department of the government, nor shall it establish or authorize any 
courts other than as permitted by this Article. 



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NORTH CAROLINA MANUAL 2003-2004 

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

Sec. 3. Judicial powers oj administrative agencies. The General Assembly may vest 
in administrative agencies established pursuant to lav^ such judicial powers as may 
be reasonably necessary as an incident to the accomplishment of the purposes for i 
which the agencies were created. Appeals from administrative agencies shall be to 
the General Court ol Justice. 

Sec. 4. Court Jor the Trial of Impeachments. The House of Representatives solely 
shall have the power of impeaching. The Court for the Trial of hnpeachments shall 
be the Senate. When the Go\'ernor or Lieutenant Governor is impeached, the Chief 
Justice shall preside o\'er 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 disqualihcation 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 ot the General Court ot Justice 
shall consist of tlie Supreme Court and the Court of Appeals. 

Sec. 6. Supreme Court. 

(T) Membership. The Supreme Court shall consist ot a Chiel 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 Chiel Justice is 
unable, on account ol absence or temporary incapacity, to periorm any oi 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 oJ Appeals. The structure, organization, and composition of the 
Court of Appeals shall be determined by the General Assembly. The Court shall 
have not less than five members, and ma)' 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 ma)' prescribe. 



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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 pro\ide 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 limits for service as a Justice or Judge. 

Sec. 9, Superior Courts. 

(1) Superior Court districts. The General Assembly shall, from time to time, 
divide the State into a convenient number of Superior Court judicial districts 
and shall provide for the election of one or more Superior Court Judges for 
each district. Each regular Superior Court Judge shall reside in the district for 
which he is elected. The General Assembly may provide by general law for the 
selection or 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 hxed pursuant to a calendar of courts promulgated by the Supreme 
Court. At least two sessions for the trial of jury cases shall be held annually in 
each county. 

j (3) Clerks. A Clerk of the Superior Court for each county shall be elected for 
a term of four years by the quaUfied 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 
I if the people fail to elect, the senior regular resident Judge of the Superior Court 
j serving the county shall appoint to hll the vacancy until an election can be 
' regularly held. 

1 Sec. 10. District Courts. The General Assembly shall, from time to time, divide 
the State into a convenient number of local court districts and shall prescribe where 
the District Courts shall sit, but a District Court must sit in at least one place in each 

!i 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 appoint for a term of two years, Irom 
nominations submitted by the Clerk of the Superior Court oi the county one or 
more Magistrates who shall be officers of the District Court. The initial term of 
appointment for a magistrate shall be two years and subsequent terms shall be lour 
years. The number of District Judges and Magistrates shall, from time to time, be 



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determined by ihc General Assembly. Vacancies in the office of District Judge shall 
be hlled for the unexpired term in a manner prescribed by law. Vacancies m the 
office of Magistrate shall be filled for the unexpired term in the manner provided for 
original appointment to the oltice. 

Sec. 1 1. Assignment of Judges. The Chief Justice of the Supreme Court, acting in 
accordance with rules of the Supreme Court, shall make assignments of Judges of 
the Superior Court and may transfer District Judges from one district to another for | 
temporary or specialized duty. The principle of rotating Superior Court Judges 
among the various districts of a division is a salutai")' one and shall be obseived. 
For this purpose the General Assembly may divide the State into a number of judicial 
divisions. Subject to the general superx'ision of the Chief Justice of the Supreme 
Court, assignment of District Judges within each local court district shall be made 
by the Chief District Judge. 

Sec. 12. Jurisdiction of the General Court oj 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 tact'" and 
"questions oi fact" shall be the same exercised by it prior to the adoption ol this 
Article, and the Court may issue any remedial v^rits necessary^ to give it general 
super\'ision and control over the proceedings of the other courts. The Supreme 
Court also has jurisdiction to reviev/, when authorized by law, direct appeals 
from a hnal order or decision of the North Carolina Utilities Commission. 

(2) Court of Appeals. The Court of Appeals shall hax'c 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 ha\'e such jurisdiction and powers as 
the General Assembly shall prescribe by general law uniformly applicable in 
eveiy county of the State. 

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

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



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(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. 

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 m 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 parties in 
; any civil case may waive the right to have the issues determined by a jur); in which 
I case the finding of the judge upon the facts shall have the force and effect of a verdict 
I by a jury. 

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

Sec. 16. Terms of office and election of Justices of the Supreme Court, Judges of the 
Court of Appeals, and Judges of the Superior Court. Justices of the Supreme Court, 
; Judges of the Court of Appeals, and regular Judges of the Superior Court shall be 
I elected by the quaUfied voters and shall hold office for terms of eight years and until 
I 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 
Oudges of the Superior Court may be elected by the qualified voters of the State or 
I, by the voters of their respective districts, as the General Assembly may prescribe. 

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

(1) Removal of Judges by the General Assembly Any Justice or Judge of the 
General Court of Justice may be removed from office for mental or physical 

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NORTH CAROLINA MANUAL 2003-2004 

incapacity by joint resolution of two-thirds of all the members of each house of 
the General Assembly. Any Justice or Judge against whom the General Assembly 
may be about to proceed shall receive notice thereof, accompanied by a copy of 
the causes alleged for his removal, at least 20 days before the day on which 
either house o{ the General Assembly shall act thereon. Remo\'al from office by 
the General Assembly for any other cause shall be by impeachment. 

(2) Additional method of removal ot Judges. The General Assembly shall 
prescribe a pi"ocedure, in addition to impeachment and address set forth in this 
Section, tor the removal of a Justice or Judge ol 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 ot Justice for wilful misconduct m 
office, wilful and persistent failure to perform his duties, habitual intemperance, 
conviction of a crime inx'ohing moral turpitude, or conduct prejudicial to the 
administration of justice that brings the judicial ofhce into disrepute. 

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

(4) Removal of Clerks. Any Clerk of the Superior Court may be removed from 
ofhce for misconduct or mental or physical incapacity by the senior regular 
resident Superior Court Judge serving the county. Any Clerk against v^-hom 
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 remo\'ed 
from ofhce shall be entitled to an appeal as provided by law. 

Sec. 18. District Attorney and prosecutorial districts. 

(1) District Attorneys. The General Assembly shall, trom time to time, divide 
the State into a convenient number of prosecutorial districts, for each of which 
a District Attorney shall be chosen tor a term ot tour years by the qualified 
voters thereof, at the same time and places as members o^ the General Assembly 
are elected. Only persons duly authorized to practice law m the courts of this 
State shall be eligible for election or appointment as a District Attorney The 
District Attorney shall advise the ofhcers of justice m his district, be responsible i 
for the prosecution on behalf of the State of all criminal actions m the Superior 
Courts of his district, perform such duties related to appeals therefrom as the : 
Attorney General may require, and perform such other duties as the General' 
Assembly may prescribe. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(2) Prosecution m District Court Division. Criminal actions in the District 
Court Division shall be prosecuted in such manner as the General Assembly 
may prescribe by general law uniformly applicable in ever)- local court district 
of the State. 

Sec. 19. Vacancies. Unless otherwise pro\ided in this Article, all vacancies occurring 
in the ofhces provided for by this Article shall be hlled by appointment of the 
Governor, and the appointees shall hold their places until the next election for 
members of the General Assembly that is held more than 60 days after the vacancy 
occurs, when elections shall be held to fill the offices. When the unexpired term of 
any of the ofhces named in this Article of the Constitution in which a vacancy has 
occurred, and in which it is herein provided that the Governor shall fill the vacancy, 
expires on the first day of January succeeding the next election for members of the 
General Assembly, the Governor shall appoint to fill that vacancy for the unexpired 
term of the office. If any person elected or appointed to any of these offices shall fail 
to qualify, the office shall be appointed to, held, and filled as provided in case of 
vacancies occurring therein. All incumbents of these offices shall hold until their 
successors are qualified. 

Sec. 20. Revenues and expenses of the judicial department. The General Assembly 

shall provide for the establishment of a schedule of court fees and costs which shall 

be uniform throughout the State within each division of the General Court of Justice. 

' The operating expenses of the judicial department, other than compensation to 

j process servers and other locally paid non-judicial officers, shall be paid from State 

I funds. 

I 

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. 

jSec. 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 
i 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 m such capacities on or before January 1, 1981. 



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NORTH CAROLINA MANUAL 2003-2004 

Article V 

Finance 

Seclion 1. No capitation tax to he levied. No poll or capitation tax shall be levied 
by ihe 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 anci 
ecjuitable manner, for public purposes only, and shall never be surrendered, 
suspended, or contracted away. 

U) 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 eveiy classification shall be made by general law unitormly 
applicable m e\'ery county, city and town, and other unit of local government. 

(3) Exemptions. Property belonging to the State, counties, and municipal 
corporations shall be exempt Irom taxation. The General Assembly may exempt 
cemeteries and property held for educational, scientihc, 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 Stale-wide basis and shall be made 
by general law uniformh' applicable m 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 detme territorial areas and to le\y taxes withm those 
areas, in addition to those levied throughout the county, city, or town, in order 
to tmance, provide, or maintain seiwices, lacilities, and tunctions m addition to 
or to a greater extent than those financed, provided, or maintained for the entire 
count)', city, or town. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

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

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

Sec. 3. Limitations upon the increase 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; 

(f) for any other lawful purpose, to the extent of two-thirds of the amount 
by which the State's outstanding indebtedness shall have been reduced during 
the next preceding biennium. 

(2) Gift or loan of credit regulated. The General Assembly shall have no power 
to give or lend the credit of the State in aid of any person, association, or 
corporation, except a corporation in which the State has a controlling interest, 
unless the subject is submitted to a direct vote of the people of the State, and is 
approved by a majority of the qualified voters who vote thereon. 

(3) Definitions. A debt is incurred within the meaning of this Section when 
the State borrows money A pledge of the faith and credit within the 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. 

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NORTH CAROLINA MANUAL 2003-2004 

(4) Certain debts barred. The General Assembly shall never assume or pay any 
debt or obligation, express or impUed, incurred m aid of insurrection or rebelUon 
against the United States. Neither shall the General Assembly assume or pay 
any debt or bond incurred or issued by authority of the Convention of 1868, 
the special session of the General Assembly of 1868, or the General Assemblies 
of 1868-69 and 1869-70, unless the subject is submitted to the people of the 
State and is approved b)- a majority of all the qualified voters at a reterendum 
held for that sole purpose. 

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

Sec. 4 IXmxiaixons u^gon the increase of local government debt. 

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

(2) Authorized purposes; two-thirds limitation. The General Assembly shall 
have no power to authorize any county city or town, special district, or other 
unit of local government to contract debts secured by a pledge of its faith and 
credit unless approved by a majority of the qualihed \oters of the unit who 
vote thereon, except for the following purposes: 

(a) to fund or refund a \'alid existing debt; 

(b) to supply an unforeseen dehciency m the revenue; 

{c) to borrow m anticipation of the collection of taxes due and payable 
withm the current fiscal year to an amount not exceeding 50 per cent of 
such ta.xes; 

(d) to suppress riots or insurrections; 

(e) to meet emergencies immediately threatening the public health or satety, 
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 
outstanding indebtedness shall have been reduced during the next preceding 
hscal vear. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

(3) Gift or loan of credit regulated. No county, city or town, special district, or 
other unit of local government shall give or lend its credit in aid of any person, 
association, or corporation, except for public purposes as authorized by general 
law, and unless approved by a majority of the qualified voters of the unit who 
vote thereon. 

(4) Certain debts barred. No county, city or town, or other unit of local 
government shall assume or pay any debt or the interest thereon contracted 
directly or indirectly in aid or support of rebellion or insurrection against the 
United States. 

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 faith and credit within the meaning 
of this Section is a pledge of the taxing power. A loan of credit within the 
meaning of this Section occurs when a county, city or tovvm, special district, or 

I other unit, authority, or agency of local government exchanges its obligations 
I with or in any way guarantees the debts of an indi\idual, association, or pri\'ate 
corporation. 

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

ISec. 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 
japphed 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 otficer, 
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 
benehts and purposes, administrative expenses, and rctunds; except that 
retirement system funds may be invested as authorized by law, subject to ihc 
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, pubUc officer, or public employee. 






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NORTH CAROLINA MANUAL 2003-2004 

Sec. 7. Drawing public money. 

(1) Stale treasui')'. No money shall be drawn from ihe 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 h"om the treasury of any county, 
city or town, or other unit of local government except by authority of law. 

Sec. 8. Health care facilities. Notwithstanding any other provisions of this 
Constitution, the General Assembly may enact general laws to authorize the State, 
counties, cities or towns, and other State and local governmental entities to issue 
rex'cnue bonds to hnance or rehnance for any such governmental entity or any 
nonproht private corporation, regardless of any church or religious relationship, 
the cost of acquiring, constructing, and imancmg health care facility projects to be 
operated to serve and benefit the public; provided, no cost incurred earlier than two 
years prior to the effective date of this section shall be refinanced. Such bonds shall 
be payable Irom the revenues, gross or net, of any such projects and any other 
health care facilities of any such governmental entity or nonproht private corporation 
pledged theretor; 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 
ot 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[8].l. Capital projects for industry. Notwithstanding any other provision of 
this Constitution, the General Assembly may enact general laws to authorize counties 
to create authorities to issue revenue bonds to finance, but not to refinance, the cost 
of capital projects consisting of industrial, manufacturing and pollution control 
facilities for industiy and pollution control facilities for public utilities, and to refund 
such bonds. 

In no event shall such revenue bonds be secured by or payable from any public 
moneys whatsoever, but such revenue bonds shall be secured by and payable only 
from revenues or property derived from private parties. All such capital projects 
and all transactions therefor shall be subject to taxation to the extent such projects 
and transactions would be subject to taxation if no public body were involved 
therewith; pro\4ded, however, that the General Assembly may provide that the interest 
on such rex'enue bonds shall be exempt from income taxes within the State. 

The power of eminent domain shall not be exercised to provide an)' property lor 
any such capital project. 



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Sec. 10. Joint ownership of generation and transmission facilities. In addition to 
other powers conferred upon them by law, municipalities owning or operating 
facilities for the generation, transmission or distribution of electric power and energy 
and joint agencies formed by such municipalities for the 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 faciUties, within or without the State, for 
the generation and transmission of electric power and energy, or both, with any 
person, firm, association or corporation, public or private, engaged in the generation, 
transmission or distribution of electric power and energy for resale (each, respectively, 
"a co-owner") within this State or any state contiguous to this State, and may enter 
into and carry out agreements with respect to such jointly owned facilities. For the 
purpose of financing its share of the cost of any such jointly owned electric generation 
or transmission facilities, a unit of municipal government may issue its revenue 
bonds in the manner prescribed by the General Assembly, payable as to both principal 
and interest solely from and secured by a lien and charge on all or any part of the 
revenue derived, or to be derived, by such unit of municipal government from the 
ownership and operation of its electric facihties; 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. 

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

In no event shall such revenue bonds be secured by or payable from any public 

moneys whatsoever, but such revenue bonds shall be secured by and payable onl\' 

i from revenues or property derived from private parties. All such capital projects 

i and all transactions therefor shall be subject to taxation to the extent such projects 

j 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 

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

I 

I The power of eminent domain shall not be exercised to provide any property for 

any such capital project. 

Sec. 12[11].2. Higher Education Facilities. Notwithstanding any other provisions 
of this Constitution, the General Assembly may enact general laws to authorize ih 
State or any State entity to issue revenue bonds to finance and refinance the cost of 



e 



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NORTH CAROLINA MANUAL 2003-2004 

acquiring, constructing, and financing higher education faciUties to be operated to 
serve and beneht the pubHc for any nonprofit private corporation, regardless of any 
church or reUgious relationship provided no cost incurred earlier than hve years 
prior to the effective date of this section shall be refinanced. Such bonds shall be 
payable from any revenues or assets ot any such nonprofit private corporation 
pledged theretor, shall not be secured by a pledge of the full iaith and credit of the 
State or such State entity or deemed to create an indebtedness requiring voter approval 
of the State or such entity and, where the title to such facilities is vested m the State 
or an\' State entity, may be secured by an agreement which may prox'ide lor the 
conveyance of title to, v/ith or without consideration, such facihties to the nonprofit 
private corporation. The power of eminent domain shall not be used pursuant 
hereto. 

Sec. 131 12], 3, Seaport and airport facilities. 

[D 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 usetul 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 undivided interests therein; 

(b) to finance and refinance tor public and private parties seaport and airport 
facilities and improx'ements 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, a\'iation 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 tacilities and improvements to 
be financed or refinanced, and by foreclosable liens on all or any part of 
their properties associated with any ot 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 bod)- in the State. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Article VI 

Suffrage And Eligibility To Office 

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

Sec. 2. Qualifications of voter. 

(1) Residence period for State elections. Any person who has resided in the 
State of North Carolina for one year and in the precinct, ward, or other election 
district for 30 days next preceding an election, and possesses the other 
qualifications set out m 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 eUgible by reason of a reduction in time of residence shall possess 
the other quaUfications 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 ofhce in this 
State. 

(3) Disqualification of felon. No person adjudged guilty of a felony against 
this State or the United States, or adjudged guilty of a felony in another state 
that also would be a felony if it had been committed in this State, shall be 
permitted to vote unless that person shall be hrst restored to the rights of 
citizenship m the manner prescribed by law. 

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

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



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NORTH CAROLINA MANUAL 2003-2004 

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

Sec. 6. Eligibility to elective office. Eveiy qualified voter in North Carolina vv'ho is 
21 years of age, except as in this Constitution disqualihed, shall be eligible for 
election by the people to oft ice. 

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

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

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

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

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

Second, with respect to any ofhce that is hlled by election by the people, any 
person who is not c[ualilied to vote m an election lor that othce. 

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

Sec. 9. Dual office holding. 

U) 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 ot multiple ohices by an individual be avoided. 
Theretore, no person who holds any ofhce or place of trust or proht under the 
United States or any department thereof, or under any other state or government, 
shall be eligible to hold any ofhce in this State that is hlled by election by the 
people. No person shall hold concurrently any two ottices in this State that are 
hlled by election ot the people. No person shall hold concurrently an)' t\\ 
more appointive ofiices or places of trust or proht, or any combination of electi\ 



134 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

and appointive offices or places of trust or profit, except as the General Assembly 
shall provide by general law. 

(2) Exceptions. The provisions of this Section shall not prohibit any officer of 
the miUtary forces of the State or of the United States not on active duty for an 
extensive period of time, any notary pubUc, 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 
j officers in this State, whether appomted or elected, shall hold their positions until 
'other appointments are made or, if the offices are elective, until their successors are 
I chosen and quaUfied. 

Article VII 

Local Government 

'Section 1 . General Assembly to provide for local government. The General Assembly 
j shall provide for the organization and government and the fixing of boundaries of 
! counties, cities and towns, and other governmental subdi\isions, 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 towTi, nor shall it authorize 

to be incorporated as a city or town, any territory lying within one mile of the 

corporate limits of any other city or town having a population of 5,000 or more 

according to the most recent decennial census of population taken by order of 

Congress, or lying within three miles of the corporate Umits 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 

i according to the most recent decennial census of population taken by order of 

j Congress, or lying within hve 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 

J limitations, the General Assembly may incorporate a city or town by an act adopted 

jby 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. 

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NORTH CAROLINA MANUAL 2003-2004 

Sec. 3. Merged or consolidated counties. Any unit of local governmeni formed by 
the merger or consolidation of a county or counties and the cities and towns therein 
shall be deemed both a county and a city tor the purposes of this Constitution, and 
may exercise any authority conferred by law on counties, or on cities and towns, or 
both, as the General Assembly may provide. ! 

Article VIII 

Corporations 

Section 1. Corporate charters. No corporation shall be created, nor shall its charter 
be extended, altered, or amended by special act, except corporations lor charitable, i 
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 ot all corporations, and for the 
amending, extending, and forfeiture of all charters, except those above permitted by 
special act. All such general acts may be altered from time to time or repealed. The ; 
General Assembly may at any time by special act repeal the charter ot any corporation. 

Sec. 2. Corporations defined. The term ''corporation" as used m this Section shall 
be construed to include all associations and joint-stock companies having any of 
the powers and privileges of corporations not possessed by individuals or 
partnerships. All corporations shall have the right to sue and shall be subject to be 
sued m all courts, m like cases as natural persons. 

Article IX 

Education 

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

Sec. 2. Unijorm system of schools. \ 

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



136 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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

Sec. 3. School attendance. The General Assembly shall provide that ever)- child of 
appropriate age and of sufficient mental and physical ability shall attend the public 
ii schools, unless educated by other means. 

I 

I Sec. 4. State Board of Education. 

I (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 super\4se 
J and administer the free pubUc school system and the educational funds provided 
' for Its support, except the funds mentioned in Section 7 of this Article, and shall 
j make all needed rules and regulations m relation thereto, subject to laws enacted by 
the General Assembly. 

I 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 pubUc 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 

1 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 

I for that purpose, shall be faithfully appropriated and used exclusively for establishing 

and maintaining a uniform system of free public schools. 



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NORTH CAROLINA MANUAL 2003-2004 I 

t 

Sec. 7. County school fund; State jund for certain moneys. | 

(a) Excepl as provided in subsesction (b) of this section, all moneys, stocks, 
bonds, and other property belonging to a county school fund, and die clear proceeds 
of all penalties and forfeitures and of all fines collected m the several counties for 
any breach o^ the penal laws o{ the State, shall belong to and remain m the several \ 
counties, and shall be faithlulK' appropriated and used exclusively for maintaining 
free public schools. 

(b) The General Assembly may place m a State fund the clear proceeds of all 
civil penalties, forfeitures and hues which are collected by State agencies and which ; 
belong to the pubhc schools pursuant to subsection (a) of this section. Moneys m ; 
such State fund shall be faithfully appropriated by the General Assembly on a per I 
pupil basis, to the counties, to be used exclusively for maintaining free public i 
schools. 

Sec. 8. Higher education. The General Assembly shall maintain a public system of i 
higher education, comprising The University of North Carolina and such other ^ 
institutions of higher education as the General Assembly may deem wise. The 
General Assembly shall provide for the selection of trustees of The University of 
North Carolina and of the other institutions of higher education, m v^'hom shall be 
vested all the privileges, rights, franchises, and endowments heretotore granted to 
or conferred upon the trustees of these institutions. The General Assembly may 
enact laws necessaiy 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 benehts of The University of North Carolina and other public 
institutions of higher education, as far as practicable, be extended to the people of 
the State free of expense. 

Sec. 10. Escheats. I 

{!) Escheats prior to July U 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 ; 
UiiR-ersity of North Carolina. j 

(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 i 
who are residents o'i this State and are enrolled m public institutions ol higher j 
education in this State. The method, amount, and type of distribution shall be '■ 
prescribed by law. 



138 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Article X 

Homesteads And Exetnptiotts 

Section 1. Personal property exemptions. The personal property of any resident of 
this State, to a value fixed by the General Assembly but not less than $500, to be 
selected by the resident, is exempted from sale under execution or other final process 
of any court, issued for the collection of any debt. 

Sec. 2. Homestead exemptions. 

(1) Exemption from sale; exceptions. Every homestead and the dwellings and 
buildings used therewith, to a value fixed by the General Assembly but not less 
than $1,000, to be selected by the owner thereof, or m lieu thereof, at the 
option of the owner, any lot in a city or town with the dwellings and buildings 
used thereon, and to the same value, owned and occupied by a resident of the 
State, shall be exempt from sale under execution or other final process obtained 
on any debt. But no property shall be exempt from sale for taxes, or for payment 
of obligations contracted for its purchase. 

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

(3) Exemption for beneht of sur\aving 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 
sunivmg 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 

j and acknowledgement of his or her spouse. 

§Sec. 3. Mechanics' and laborers' liens. The General Assembly shall provide by 
proper legislation for giving to mechanics and laborers an adequate lien on the 
isubject-matter of their labor. The provisions of Sections 1 and 2 of this Article 
I shall not be so construed as to prevent a laborers Hen for work done and performed 
I for the person claiming the exemption or a mechanics lien for work done on the 
j premises. 

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

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NORTH CAROLINA MANUAL 2003-2004 

liable tor any debls, obligations, or engagements ot her husband, and may be devised 
and bequeathed and conveyed by her, subject to such regulations and limitations as 
the General Assembly may prescribe. Every married woman may exercise powers 
o{ attorney conferred upon her by her husband, including the power to execute andl 
acknowledge deeds to property owned by herself and her husband or by herf 
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 Irom the insurance shall be paid to or for the benefit of the spouse or| 
children or both, or to a guardian, iree 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 lor the sole use and benefit of that persons spouse or children or 
both shall not be subject to the claims of creditors of the insured during his or hei 
lifetime, whether or not the policy reseiTes to the insured during his or her lifetime 
any or all rights provided for by the policy and whether or not the policy proceeds 
are payable to the estate ot the insured m the event the beneficiaiy or benehciaries' 
predecease the insured. 

Article XI 

Punishments, Corrections, And Charities 

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

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

Sec. 3. Charitable and correctional institutions and agencies. Such charitable: 
benevolent, penal, and correctional institutions and agencies as the needs of humanit) 
and the public good may require shall be established and operated by the Stat(' 
under such organization and m such manner as the General Assembly may prescribe 

Sec. 4. Wel/are ipolicy; hoard of public welfare. Beneficent provision for thei 
poor, the unfortunate, and the orphan is one of the first duties of a ci\ilized and i' 
Christian state. Therefore the General Assembly shall provide for and define thq' 
duties of a board of public welfare. 



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

Article XII 

Military Forces 

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

Article XIII 

Conventiotts; Constitutional Amendment And Revision 

Section 1 . Convention of the People. No Convention of the People of this State 
shall ever be called unless by the concurrence of two-thirds of all the members of 
each house of the General Assembly, and unless the proposition "Convention or 
No Convention" is first submitted to the qualified voters of the State at the time and 
in the manner prescribed by the General Assembly. If a majority of the votes cast 
lUpon the proposition are in favor of a Convention, it shall assemble on the day 
prescribed by the General Assembly. The General Assembly shall, in the act 
submitting the convention proposition, propose limitations upon the authority of 
the Convention; and if a majority of the votes cast upon the proposition are in favor 
of a Convention, those limitations shall become binding upon the Convention. 
Delegates to the Convention shall be elected by the qualified voters at the time and 
|in the manner prescribed in the act of submission. The Convention shall consist of 
a number of delegates equal to the membership of the House of Representatives of 
the General Assembly that submits the convention proposition and the delegates 
shall be apportioned as is the House of Representatives. A Convention shall adopt 
no ordinance not necessar}' to the purpose for which the Convention has been 
called. 

Sec. 2. Power to revise or amend Constitution reserved to people. The people of 
this State reserve the power to amend this Constitution and to adopt a new or 
revised Constitution. This power may be exercised by either of the methods set out 
hereinafter in this Article, but m no other way 






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NORTH CAROLINA MANUAL 2003-2004 

Sec. 3. Revision or amendment by Convention of the People. A Convention of the 
People ol this State may be called pursuant to Section 1 oi this Article to propose a 
new or revised Constitution oi" to projoose amendments to this Constitution. Every 
new or revised Constitution and every constitutional amendment adopted by a 
Conx'cntion shall be submitted to the qualihed voters of the State at the time and m 
the manner prescribed by the Convention. II a majority of the votes cast thereon 
are in tavor of ratihcation of the new or revised Constitution or the constitutional 
amendment or amendments, it or the\' shall become effective January hrst next after 
ratification b\' the qualihed voters unless a different effective date is prescribed by 
the Convention. 

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 
initiated by the General Assembly but only if three-fifths of all the members of each 
house shall adopt an act submitting the proposal to the qualihed voters of the State 
for their ratification or reiection. The proposal shall be submitted at the time and m 
the manner prescribed by the General Assembly If a majority of the votes cast' 
thereon are in favor of the proposed new or revised Constitution or conslitutionab 
amendment or amendments, it or they shall become effective Januaiy first next afier 
ratification by the voters unless a different efiective date is prescribed m the acti 
submitting the proposal or proposals to the C|ualified x'oters. 

Article XIV 

Miscellaneous 

Section I. Seat oj government. The permanent seat ol government of this State 
shall be at the City o{ Raleigh. 

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



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NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 

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 accomplished by general or uniformly applicable laws, and every 

amendment or repeal of any law relating to such subject matter shall also be general 

and uniform in its effect throughout the State. General laws may be enacted for 

classes defined by population or other criteria. General laws uniformly applicable 

throughout the State shall be made applicable without classification or exception in 

every unit of local government of like kind, such as every county, or every city and 

' town, but need not be made applicable in every unit of local government in the 

i State. General laws uniformly applicable in every county, city and town, and other 

'unit of local government, or in every local court district, shall be made applicable 

^without classiftcation or exception in every unit of local government, or in every 

: local court district, as the case may be. The General Assembly may at any time 

I repeal any special, local, or private act. 

I Sec. 4. Continuity of laws; protection oj officer holders. The laws of North Carolina 

•not in conflict with this Constitution shall continue in force until lawfully altered. 

1 Except as otherwise speciflcally provided, the adoption of this Constitution shall 

not have the effect of vacating any offlce or term of office now filled or held by 

virtue of any election or appointment made under the prior Constitution of North 

'Carolina and the laws of the State enacted pursuant thereto. 
» 

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

;To accomplish the aforementioned public purposes, the State and its counties, cities 
land towns, and other units of local government may acquire by purchase or gift 
properties or interests in properties which shall, upon their special dedication to 
and acceptance by law adopted by a vote of three-fifths of the members of each 
house of the General Assembly for those public purposes, constitute part of the 
"State Nature and Historic Preserve", and which shall not be used for other purposes 
except as authorized by law enacted by a vote of three-fifths of the members of each 
house of the General Assembly The General Assembly shall prescribe by general 



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NORTH CAROLINA MANUAL 2003-2004 

law the condilions and procedures under which such properties or interests therein 
shall be dedicated lor the alorementioned public purposes. 

Notes 

l.The General Assembly ol' 1975, by 1975 N.C. Sess. Laws, Ch. 641, submitted 
to the qualified voters o{ the State an amendment to add Art. V, Sec. 8, with 
respect to financing health care facilities, and the voters m 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 m 1976 ratified 
it. The potential problem of duplicative section numbers was addressed by 
designating the section regarding industrial revenue bonds as Sec. 9 m subsequent 
printings ot the Constitution as issued by the Secretary of State and as published 
in the General Statutes of North Carolina. 

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

3. At its 1986 session, the General Assembly by 1985 N.C. Sess. Laws, Ch. 933, 
submitted to the qualified voters of the State an amendment to add Art. V, Sec. 
12, with respect to financing airport and seaport facilities, and the voters m 1986 
ratified it, notwithstanding the fact that there was already a Sec. 12, according to 
the practice m section numbering that had been followed to deal with the 
duplicative section numbers used by the General Assembly in 1986. The potential! 
problem ot duplicative section numbers was addressed by designating the section 
regarding airport and seaport facilities financing as Sec. 13 in subsequent printings' 
ol the Constitution as issued by the Secretar)' of State and as published m the, 
General Statutes of North Carolina. I 



144 



NORTH CAROLINA'S CONSTITUTION CHAPTER THREE 



145 



The Council of State and the Executive Branch 

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

In the nearly two hundred years since the formation of the state of North Carolina, 

jmany 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 employs 

' thousands of public servants all over the state and provides services for millions of 

[North Carolina's citizens each year. 

' The increasing number of services and programs that state and local governments 

provide to citizens and businesses throughout the state has brought with it 

management challenges. In 1970 the state's executive branch included over 200 

independent agencies. Recognizing the need to streamline and simplify the executive 

i branch's organization, the General Assembly undertook a major reorganization of 

i state government. The legislators began the reorganization by defining the activities 

j that most appropriately should be entrusted to executive branch agencies. 

In an October 27, 1967, speech, Governor Dan K. Moore urged the North 
j, 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 
i Carolina State Bar and the North Carolina Association joined in appointing a steering 
I committee that selected twenty-five people for a North Carolina State Constitution 
Commission. 

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

The 1969 General Assembly submitted the proposed constitutional amendment 

to a vote of the people and also authorized the governor to begin a study of 

consolidation of state agencies and to prepare a recommendation for the General 

il Assembly Governor Robert W Scott established the State Government Reorganization 

i Study Commission in October, 1969. Later, in May 1970, the governor appointed a 

I fifty-member citizen Committee on State Government Organization to review the study 

and make specific recommendations for implementation of the reorganization plan. 




RETXECDTIVE 




NORTH CAROLINA MANUAL 2003-2004 

Voters approxcd I he consUlulional proposal requiring the reduelion of the 
number ol administrative departments in the general election on November 3, 1970. 
The amendment called lor the executive branch to be reduced to 25 departments by 
the end o^ 1975. The Committee on State Government Reorganization submitted 
its recommendations to the governor on February 4, 1971. 

The committee recommended implementation of the amendment in two phases. 
Phase I would group agencies together in a limited number of functional 
departments. The General Assembly approved the implementation of Phase I m 
1971. Phase II began m 1971 and contmueci into 1973 as agencies began to evaluate 
agency and department organizations. The results of this analysis were presented to 
the 1973 General Assembly m the lorm oi legislation that would revise existing 
statutes to more closely conlorm to the executive branch's new organizational 
structure. The legislators began working to make the changes m state law needed to 
support the reorganization. 

With strong support from Governor Scott, the General Assembly ratihed the 
Executive Organization Act of 1971 on July 14, 1971. The act divided the executive 
branch into rough groupings. The hrst group was composed of 19 principal ofhces 
and departments headed by elected ofhcials. Nine other departments organized along 
iunctional lines and headed by appointed administrators formed the second grouping 
of agencies. 

The act implemented Phase 1 ot the reorganization through types of transfers. A 
Type I transfer meant translerring all or part of an agenc)' — including its statutory 
authority, powers and duties — to a principal department. A Type II transfer meant 
translerring an existing agency intact to a principal department with the translerring 
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 ofhces and departments called for by the act prior to the 
mandated deadUne of July 1, 1972. 

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

Office of the Governor I 

Office ofthe Lieutenant Governor | 

Department ofthe Secretary of State 

Department ofthe State Auditor - 

Department of State Treasurer I 

Department of Public Elducation I 

(now the Department of Public Instruction) 

Department of Justice 



148 



I 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Agriculture 

(now named the Department of Agriculture and Consumer Services) 

Department ofLabor 

Department oflnsurance 

Department of Administration 

Department ofTransportation and Highway Safety 
(now named the Department ofTransportation) 

Department ofNatural and Economic Resources 

(now the Department ofEnvironment and Natural Resources) 

Department ofHuman Resources 

(now the Department of Health and Human Services) 

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

Department of Commerce 

Department ofRevenue 

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

Department ofMiUtary and Veterans Afifeirs 
I (now the Department of Crime Control and Public Safety). 

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

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

j The 1973 act changed the name of the Department of Arts, Culture and History 
|:o the Department of Cultural Resources. Various boards, commissions, councils, 
and socieues providing cultural programs for North Carolina citizens were brought 
ander the umbrella of the Department of Cultural Resources. 

The Department of Human Resources and the Department of Revenue were 
-estructured. The 1973 act created a Board of Human Resources in the Department 



149 



NORTH CAROLINA MANUAL 2003-2004 

i 

of Human Resources lo serve as an advisoiy board to the secretary on any matter he 
or she might refer to it. I 

The Department o( 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 i 
programs. 

The initial reorganization of 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 — i 
Commerce, Military and Veterans Affairs, Natural and Economic Resources andi 
Transportation. 

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

The Energy Division and the Energy Polic)' Council were transferred from the. 
Department of Military and Veterans Affairs to the Department of Commerce, along 
with three agencies previously under the Department of Transportation — the State 
Ports Authority and two commissions on Na\'igation and Pilotage. 

Other legislative changes further reorganized the Department of Commerce by. 
transferring the Economic Development Division from the Department ot Natural 
and Economic Development as well as by creating a Labor Eorce Development 
Council to coordinate the needs of industiy with the programs offered in North! 
Carolinas educational institutions. The Economic Development Division transfer 
encountered some opposition because the existing structure had allowed new; 
prospective mdustr}' to deal with only one department regarding environmental 
regulation and economic development. i 

Reorganization has become a predictable, on-going feature ol state go\'ernmentS; 
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 oil 
Community Colleges - has been created. | 

The most sweeping reorganization since 1977 occurred m 1989 and involved] 
major changes to the Departments of Commerce, Human Resources and Natural! 



150 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Resources and Community Development (NRCD). All three were restructured 
siL^mficantly. The Department of Natural Resources and Economic Development 
became the Department of Environment, Health and Natural Resources with primary 
responsibilities in the areas of environmental and natural resources management 
and public health protection. The Department of Commerce was renamed the 
Department 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 Ser\'ices and several 
sections from other divisions relating to emironmental and health management. 

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

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



The Council of State 

Origin and Composition 

j North Carolina's Council of State is composed of the elected officials enumerated 
in Article 111 of the Constitution of North Carolina. Each of these officials is the 
jexecutive head of a department of state government. The council advises the governor 
Ion certain important administrative matters of state. The council is also charged by 
katute with other specific duties and responsibilities. 

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

A profound distrust of executive power was evident throughout the Constitution 
'of 1776. It allowed the governor only a one-year term with a limit ot onl\' three 

151 



NORTH CAROLINA MANUAL 2003-2004 

terms in any six years. The small amount of executive authority granted to the 
governor was further limited by requiring, m many instances, the concurrence of 
the Council of State before the governor could exercise power. 

The Council ol State consisted of seven men elected by joint vote of the two 
houses ol the General Assembly. They were elected tor a one-year term and could 
not be members of either the state Senate or the state House of Commons. If a 
vacancy occurred, it was hlled at the next session ol the General Assembly. The 
council was created to "advise the governor m the execution of his oftice," but was 
independent of the governor. 

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

Constitutional Basis 

Article 111, Section 7, of the Constitution of North Carolina provides for the 
election of the following state officers: 

Secretary of State 

State Auditor 

State Treasurer 

Superintendent ofPublic Instr-uction 

Attorney General 

Commissioner of Labor 

Commissioner of Agriculture 

Commissioner oflnsurance 

All of these ofhcers, including the governor and lieutenant governor, are elected 
by the citizens of North Carolina at the same time that votes are cast for president, 
and vice president — November ol 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 ser\'e until a successor is elected at the next general election' 
for members of the General Assembly Section 8, Article 111 of the Constitution 
provides that those elected officials shall constitute the Council of State. 



152 



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 ftind. 

Approve transfers j&x3m state property fire insurance fiand 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. 

hivestigate public works companies. 

Approve the governor's determination of competitive positions. 

Allot contingency and emergency firnds 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 ofbonds, set interest rate and approve the manner 
ofsale. 

Request cancellation ofhighway bonds in sinking fiinds 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 fiinds. 

Approve all state land transactions. 



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NORTH CAROLINA MANUAL 2003-2004 

Meetings 

The Council of 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 
ot State meetings were exempted irom 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. 



154 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

I 

the Office of the Governor 

The Office of the Governor is the oldest governmental office in the state. North 
Carolina's first governor was Ralph Lane, who served as governor of Sir Waller 
jRaleigh's first colony on Roanoke Island (1585). The first permanent governor was 
'William Drummond, appointed by William Berkeley, Governor of Virginia, and 
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 ser\'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 
executive, either the president of the council, the deputy or lieutenant governor 
took over until a new governor could be appointed. Following our hrst state 
constitution, the governor was elected by the two houses of the General Assembly. 
;He was elected to serve a one-year term and could ser\^e no more than three years in 
any six. 

In 1835, with popular pressure for a more democratic form of government 
being felt in Raleigh, a constitutional convention voted to amend certain sections of 
ithe 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 

jiof 1868 incorporated many of the amendments that had been added to the original 

T776 Constitution, but also included changes resulting from the Civil War and 

■emerging new attitudes towards government. Provisions in this new constitution 

! 'increased the governors term of office from two to four years and increased some of 

jhis duties and powers as well. 

Today, North Carolina is governed by its third constitution. When ratified by 
Ithe states 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 
lo allow the governor and lieutenant governor to run for a second consecutive 
'term. Following his re-election m 1980, Governor James B. Hum, jr. became the 
first Governor of North Carolina since 1866 to be elected to two consecutive four- 
■j^ear terms and to an unprecedented third term m 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 
ihe executive branch of state government. Under the governor's immediate Jurisdiction 
are assistants and personnel needed to carry out ihc functions of chief executive. 
The Governor of North Carolina is not only the state's chief executive. He or she 
plso directs the state budget and is responsible for all phases of budgeting from the 



155 



NORTH CAROLINA MANUAL 2003-2004 

iniLial 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 ' 
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. I 

The North Carolina Constitution requires the governor to faithfully execute the 
laws of the state. He or she has the power to grant pardons and commute prison 
sentences. The governor may also issue extradition warrants and requests, join 
interstate compacts and re-organize and consolidate state agencies under his direct 
control. The go\'ernor has final authority over state expenditures and is also 
responsible for the administration of all funds and loans from the federal 
government. At the start ot each regular session ot the General Assembly, the governor, 
delivers the State of the State address to a joint session of the legislature. In 1996, ^ 
state voters approved an amendmeiit to the state constitution to grant the governoi i 
veto power. A bill that is vetoed is returned with objections together with a veto^ 
message stating the reasons for such objections. The message is returned to the^ 
house ill which the vetoed legislation originated. Both houses of the General Assembly, 
must approve a bill by a three-filths majority to override a veto. Governor Easley' 
was the first governor to use the veto. He vetoed four bills during his first term 

Chiei administrative branches of the Otfice of the Governor include: 

Executive Assistants 

The Executive Assistants to tlie 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 ad\ise& 
the Governor when policy developments involve legal issues, coordinates judicial; 
appointments, coordinates the preparation and execution ot all Executive Orderf 
issued by the Governor and investigates the merits of pardon rec[uests, commutations- 
reprieves, extraditions and rewards. j 

Office of Budget and Management \ 

Responsible for the state budget, the state budget officer is appointed by thej 
governor to assist in cariymg out fiscal responsibilities. The Otfice 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! 



156 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 Ofhce of the Governor. 
The Boards and Commissions Ofhce researches quahhcations and requirements, 
maintains records and serves as a Haison vv^ith associations, agencies and interested 
individuals and groups. 

Press Office 

The Press Secretary serves as the spokesperson for the Office of the Governor 
and coordinates communications efforts for the administration, making sure the 
press and public get information about their state government. The ofhce prepares 
press releases, speeches and plans pubUc 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 
Policy Ofhce works with state agencies, interest groups, nonproht organizations, 
community and business leaders and others m 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. 

Pffice of Citizen Services and Community Relations 

The Ofhce of Citizen Services and Community Relations serves as a source of 
iinformation and referral to the citizens of the state. It serves as the source for 
icitizens to call to let the Governor know how they feel about issues of importance 
to them. It also serves to refer callers to the appropriate local, state or federal agency 
from which they need assistance. The ofhce handles much of the Governor's 
correspondence to the citizens of North Carolina. Requests from students across 
the country seeking information about North Carolina for school reports, birthday 
md anniversary greetings and military retirement letters are processed through this 
office. All e-mail sent to the Governor is routed through the Ofhce of Citizen Services. 
The ofhce answers much of the e-mail or it is forwarded to the proper agency for a 
response. The Order of the Long Leaf Pine, Certihcates of Appreciation, Honorary 
Tar Heel and Volunteer Certihcates of Appreciation are processed through this office. 
Additionally, requests for proclamations and other special letters, i.e. condolence, 
:^reetings/welcome/congratulatory letters for conventions, conferences, church and 



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NORTH CAROLINA MANUAL 2003-2004 



business anniversaries and commendation letters for acts of bravery and heroism, j 
are processed in this office. J 

i 
Education Policy Office \ 

The Education Policy Othce is responsible for advising the Governor and ! 
developing the Governors key policy mitiatives on education from the K-12 level' 
through higher education. The office works with the states public school, i 
community college and unix'crsity systems, private colleges and universities, interest 
groups, nonproht organizations, community and business leaders and others to 
develop the Governors education initiatives. The Education Policy Office includes • 
the Senior Education Advisor and Teacher Advisor. i 

Office of Community Affairs 

The Ofhce of Community Aftairs advises the Governor on issues related to 
minority citizens of North Carolina with an emphasis on policy, legislation and 
personnel. The office is responsible tor making recommendations to the Governor 
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 
African American Male Summit and Martin Luther King, Jr. Obsen-ance Day 

! 
Legislative Counsel 

The Legislative Counsel ol the Otlice ot the Governor is responsible for; 
establishing and maintaining a working relationship with members of the General 
Assembly on all legislative matters of importance to the Governor. The Legislative 
Counsel tracks legislation as it moves through the General Assembly and reports, 

on Its progress to the Governor. \ 

I 

Intergovernmental Affairs \ 

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

Eastern Office I 

Located m New Bern, this ofhce serves as a regional extension of the Governors 
Raleigh office. The eastern office links local governments, the private sector anq 
citizens of 33 eastern North Carolina counties. The office serves as a resource foil 



158 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



citizens, works with public and private groups to assist them, carries out the 
Governors poHcies and addresses the needs of citizens in eastern North CaroUna. 
The staff also represents the Governor at forums, 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 m Asheville, 
iserves 27 western counties, working with local governments and the private sector 
!to respond to the needs of the regions citizens. This office also works with legislators 
[representing the region to promote programs and funding to boost western North 
[Carolina. The staff of the Western Office represents the Governor on councils and 
[boards, as well as at public forums and civic and business events. Day-to-day 
(management and supervision of the use of the Governors western residence is a 
 major responsibility of this office. The residence is available to non-profit, civic, 
!state, local and federal agencies for meetings, retreats and other gatherings. 

Washington, D.C. Office 

The North Carolina Washington Office serves as a liaison for the Governor, 
i North Carolinas congressional delegation, federal agencies and the White House. 
iThe staff monitors and evaluates the impact of federal legislative initiatives proposed 
iby the administration and advocates for the interests of the stale. The Washington 
[Office also responds directly to constituent requests for information. 



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



Michael F.Easley 

Go\emor 

Early Years 

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

EducationalBackgroimjd 

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

Pro/essionalBackground 

Governor of North Carolina, 2001 -Present; North 
Carolina Attorney General, 1992-2001; District 




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NORTH CAROLINA MANUAL 2003-2004 

Attorney for the 1 3lh Judicial District in Brunswick, Bladen, and Columbus counties, 
1982-1990. 

Honoj^andAwarxis 

North Carolina Coastal Federation Pelicann Award, 2004; Coca Cola 600 Eagle 
Award for Outstanding Contributions to Auto Racing, 2003; Goody s Headache 
Powder "Crash ol the Week'' Awards, 2003; National Commission Against Drunk 
Driving State Award, 2003; Federal Highway Administrations Environmental 
Excellence Award, 2003. 

P&'sonallnfoiiiiation 

Gov. Easley is an avid hunter and sailor and an accomplished woodworker. He and 
his wife Mary have one child, Michael, Jr., age 19. 

Legislative Initiatives 

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

Puttuig Education Fh^ 

Less than one year after Mike Easley was elected Governor, he signed into law a 
budget that made signihcant investments and progress m education. More than 80 
percent of his budget was earmarked tor education improvements, including a pre- 
kindergarten program for at-risk tour-year-olds called More at Four, a class-size 
reduction plan, and teacher recruitment and retention initiatives. Easleys budget 
also included incentives designed to keep and attract the best teachers for North 
Carolina's children. 

Economic Pixisperity 

Gov. Easley's commitment to an economically progressive North Carolina is 
profound. His vision of "One North Carolina" where every community has the 
opportunity for success is c(uickly becoming a reality. Through the use of targeted 
incentives like the One North Carolina kind and the Job Development Investment' 
Grant QDIG) program, Go\'. Easley has secured thousands ot jobs and millions m 
investment for North Carolina families. Through July, 2004, North Carolina was' 
in the top five states m the country in job growth. 

Better Health Caiv for Children and Families 

In December 2001, Easley established the state's Prescription Drug Plan to help' 
seniors cope with the high cost ot prescription drugs. A priority of Easley's, the 
plan includes a drug beneht that covers 90% of the cost tor most prescription drugs, 
and msulm. It increases the upper income threshold Irom $18,620 to $23,275 for 
individuals and $24,980 to $31,223 tor married couples. 



160 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Cleaning Up the Environment 

Gov. Easley is committed to putting m place and enforcing the programs that are 
Essential to restoring and protecting the natural heritage of the state and the health 
bf its citizens. In 2003, Easley created the Ecosystem Enhancement Program to help 
jmaintainn and upgrade our states transportation infrastructure while still protecting 

'North Carolina's outstanding natural resources. 

j' 

Governors of North Carolina 



Governors of "Virginia"' 




\d)nc 


Term 


Ralph Lane' 


1585-1586 


John White^ 


1587 


Proprietary Chief Executives 




Slame 


Term 


'Samuel Stephens)^ 


1622-1664 


vVilliam Drummond"* 


1665-1667 


Samuel Stephens' 


1667-1670 


r'eter Carteret'' 


1670-1671 


Peter Carteret^ 


1671-1672 


!ohn Jenkins^ 


1672-1675 


;thomas Eastchurch'^ 


1675-1676 


i Speaker- Assembly] "" 


1676 


,'ohn Jenkins" 


1676-1677 


Thomas Eastchurch'^ 


1677 


Thomas Miller'^ 


1677 


Rebel Council]'"^ 


1677-1679 


5eth SothelP' 


1678 


John Harvey'^ 


1679 


jOhn Jenkins'' 


1679-1681 


fienry Wilkinson"^ 


1682 


oeth SothelP^ 
John Archdale^° 


1682-1689 


1683-1686 


John Gibbs^' 


1689-1690 


ij^hilhp LudwelF^ 


1690-1691 


•Thomas Jarvis'^ 


1690-1694 


^hilhp LudwelP^ 
JThomas tiarvey^^ 


1693-1695 


1694-1699 


iohn Archdale^^ 


1695 


iohn Archdale^^ 


1697 



161 



NORTH CAROLINA MANUAL 2003-2004 

Proprietary Chief Executives (continued) 

Name Term 

Henderson Walker-'" 1699-1703 

Robert DanieP' 1703-1705 

Thomas Cary'^' 1705-1706 

William Glover^' 1706-1707 

Thomas Gary'- 1707 

William Glover^^' 1707-1708 

Thomas Gary^'' 1709-1710 

Edward Hyde '^^ 1711-1712 

Edward Hyde^' 1712 

Thomas Pollock^^ 1712-1714 

Gharles Eden^^' 1714-1722 

Thomas Pollock^^' 1722 

William Reed^' 1722-1724 

Edward Moseley^' 1724 

George Burrington'*^ 1724-1725 

Sir Richard Everard"*"^ 1725-1731 

Royal Chief Executives'^ 

Name Term 

George Burrmgton^'^ 1731-1734 

Nadianiel Rice^' 17 34 

Gabriel Johnston^^" 1734-1752 

Nathaniel Rice^^' 1752-1753 

Matthew Rowan"^' 1753-1754 

Arthur Dobbs^' 1754-1765 

James HaselP- 1763 

William Tryon'^ 1765 

William Tryon'-^ 1765-1771 

James Haselk' 1771 

Josiah Martm'^^ 1771-1775 

James HaselP^ 1774 

Elected by the General Assembly^ 

Name Residenee Term 

Richard CaswelP" Dobbs 1776-1777 

Richard Caswell Dobbs 1777-1778 

Richard Caswell Dobbs 1778-1779 

Richard Caswell Dobbs 1779-1780 



162 



THE COUNCIL OF STATE fi 


kND THE EXECUTIVE 


BRANCH CHAPTER FOUR 


Abner Nash^° 


Craven 


1780-1781 


Thomas Burke^' 


Orange 


1781-1782 


Alexander Martin^^ 


Guilford 


1781-1782 


Alexander Martin 


Guilford 


1782-1783 


Alexander Martin 


Guilford 


1783-1784 


Alexander Martin 


Guilford 


1784-1785 


Richard Caswell 


Dobbs 


1785-1786 


Richard Caswell 


Dobbs 


1787-1788 


Samuel Johnston 


Chowan 


1788-1789 


Samuel Johnston^^ 


Chowan 


1789 


Alexander Martin""* 


Guilford 


1789-1790 


Alexander Martin 


Guilford 


1790-1792 


Alexander Martin 


Guilford 


1792 


Richard Dobbs Spaight 


Craven 


1792-1793 


Richard Dobbs Spaight 


Craven 


1793-1795 


Richard Dobbs Spaight 


Craven 


1795 


Samuel Ashe 


New Hanover 


1795-1796 


Samuel Ashe 


New Hanover 


1796-1797 


Samuel Ashe 


New Hanover 


1797-1798 


William R. Davie^5 


Halifax 


1798-1799 


Benjamin Williams 


Moore 


1799-1800 


.Benjamin WiUiams 


Moore 


1800-1801 


; Benjamin Williams 


Moore 


1801-1802 


jjohn 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 


^WiUiam Hawkins 


Warren 


1813-1814 


] William Miller 


Warren 


1814-1815 


! William Miller 


Warren 


1815-1816 


! William Miller 

r 


Warren 


1816-1817 


John Branch 


Ha U fax 


1817-1818 


John Branch 


HaUfax 


1818-1819 


Ijohn Branch 


Halifax 


1819-1820 



163 



NORTH CAROLINA MANUAL 2003-2004 



Elected hy the General Assembly''* (continued) 

Name 

Jesse Franklin 
Gabriel Holmes 
Gabriel Holmes 
Gabriel Holmes 
HiUehings G. Burton 
Hutchings G. Burton 
Hutehmgs G. Burton 
James Iredell, Jr.^" 
John Owen 
John Owen 
Montford Stokes''^ 
Montford Stokes 
David L. Swam 
Da\'id L. Swam 
David L. Swain 
Richard D, Spaight, Jr. 

Popular Election: Two- 
Name 

Edward B. Dudley 
Edward B, Dudley 
John M. Morehead 
John M. Morehead 
William A. Graham 
William A. Graham 
Charles Manly 
David S. Reid- 
David S. Reid^' 
Warren Winslow'^"* 
Thomas Bragg 
Thomas Bragg 
John W Ellis 
John W Ellis'' 
Henry T. Clark''' 
Zebulon B. Vance 
Zebulon B. Vance 
William W Holden' ' 
Jonathan Worth 
Jonathan Worth 



Residence 


Term 


Surrv 

J 


1820-1821 


Sampson 


1821-1822 


Sampson 


1822-1823 


Sampson 


1823-1824 


Halifax 


1824-1825 


Halifax 


1825-1826 


Halifax 


1826-1827 


Chowan 


1827-1828 


Bladen 


1828-1829 


Bladen 


1829-1830 


Wilkes 


1830-1831 


Wilkes 


1831-1832 


Buncombe 


1832-1833 


Buncombe 


1833-1834 


Buncombe 


1834-1835 


Craven 


1835-1836 


ear Tenrts'' 




Residence 


Ter;?i 


New Hanover 


1836-1838 


New Hanover 


1838-1841 


Guilford 


1841-1842 


Guilford 


1842-1845 


Orange 


1845-1847 


Orange 


1847-1849 


Wake 


1849-1851 


Rockingham 


1851-1852 


Rockingham 


1852-1854 


Cumberland 


1854-1855 


Northampton 


1855-1857 


Northampton 


1857-1859 


Rowan 


1859-1861 


Rowan 


1861 


Edgecombe 


1861-1862 


Buncombe 


1862-1864 


Buncombe 


1864-1865 


Wake 


1865 


Randolph 


1865-1866 


Randolph 


1866-1868 



164 



Popular Election: Four-Year 

Name 

William W. Holden^'' 
Tod R. CaldwelP^' 
Tod R. CaldwelF' 
Curtis H. Brogden 
Zebulon B. Vance^^ 
Thomas J. Jarvis*'^ 
.Thomas J. Jarvis 
James L. Robmson*^"^ 
.Alfred M. Scales 
'Daniel G. Fowle*^^ 
^Thomas M. Holt 
Elias Carr 
Darnel L. Russell 
i Charles B. Aycock 
'Robert B. Glenn 
'William W. Kitchm 
Locke Craig 
'Thomas W. Bickett 
i Cameron Morrison 
'Angus W. McLean 
"Oliver Max Gardner 
•John C. B. Ehringhaus 
; Clyde R. Hoey 
John Melville Broughton 
'Robert Gregg Cherry 
jWilliam Kerr Scott 
I William B. Umstead*^^ 
|Luther H. Hodges 
Luther H. Hodges 
ijTerry Sanford 
(Daniel K. Moore 
;' Robert W Scott 
ijames E. Holshouser, Jr 
ijjames B. Hunt, Jr. 

ijames B. Hunt, Ir.^^ 

Y -' 

Tames G. Martin^^ 
James G. Martin 
James B. Hunt, Jr.'^^ 
I Michael E Easley 

i 

i 

y 



87 



D THE EXECUTIVE BRi 


(\NCH CHAPTER FOUR 


Terms^^ 




Residence 


Term 


Wake 


1868-1870 


Burke 


1870-1873 


Burke 


1873-1874 


Wayne 


1874-1877 


Buncombe 


1877-1879 


Pitt 


1879-1881 


Pitt 


1881-1885 


Macon 


1883 


Rockingham 


1885-1889 


Wake 


1889-1891 


Alamance 


1891-1893 


Edgecombe 


1893-1897 


Brunswick 


1897-1901 


Wayne 


1901-1905 


Forsyth 


1905-1909 


Person 


1909-1913 


Buncombe 


1913-1917 


Franklin 


1917-1921 


Mecklenburg 


1921-1925 


Robeson 


1925-1929 


Cleveland 


1929-1933 


Pasquotank 


1933-1937 


Cleveland 


1937-1941 


Wake 


1941-1945 


Gaston 


1945-1949 


Alamance 


1949-1953 


Durham 


1953-1954 


Rockingham 


1954-1957 


Rockingham 


1957-1961 


Cumberland 


1961-1965 


Jackson 


1965-1969 


Alamance 


1969-1973 


Watauga 


1973-1977 


Wilson 


1977-1981 


Wilson 


1981-1985 


Iredell 


1985-1989 


Iredell 


1989-1993 


Wilson 


1993-2001 


Brunswick 


2001 -Present 



165 



NORTH CAROLINA MANUAL 2003-2004 

Governors of "Virginia" 

' Lane was appoinied by Sir Waller Raleigh and left Plymouth, England on April 
9, 1585. His expedition reached the New World in July. A colony, however, was 
not established until August. j 

^ White was appointed by Sir Walter Raleigh and departed from Portsmouth, 
England on April 26, 1587. The expedition made stops at the Isle of Wight and \ 
Pl)TTiouth betore setting sail for "Virginia" on May 5. They reached the area to be I 
settled on July 22, but Governor White wanted to make some preliminary ' 
explorations before allowing the remainder of his party to go ashore. Three days ' 
later the colonists left the ships. Food shortages and the absence of other needed ; 
supplies forced White to leave for England on August 27, 1587. Delayed m } 
England because of war with Spam, White did not return to North Carolina until i 
1590. Leaving England on March 20, he arrived in August, but found no evidence 
of life. On a nearby tree he found the letters "C.R.O." and on another "CROATAN." 
White never did hnd his missing colony and the mystery ot the "Lost Colony" 
remains unsolved. I 

Proprietary Chief Executives 

^ 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 m 
Carolina removed any urgency for a prompt appointment" ot a governor for 
Carolina when Berkeley was instructed to do so by the Lords Proprietor and 
explains why Drummond was not appoinied until 1664. 

^ Drummond was appointed by William Berkeley, Governor of Virginia, at the ' 
request of Berkeley s fellow Lords Proprietor m England. He began serving prior 
to the delivery of his commission by Peter Carteret m February, 1665. Since 
other commissions issued to Carteret bear the date December, 3, 1664, it isi 
possible that Drummonds commission was also issued on that date. Records' 
show that he was still governor m December, 1666, and that a successor was noti 
appointed until October, 1667. He supposedly moved to Virginia sometime during; 
1667. I 

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

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



166 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

'' See footnote 6. 

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

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

!^° Eastchurch "apparently left someone else as speaker, for the assembly remained 
I 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 
by an armed force, dissolved the assembly and resumed the role of governor. 

^^ See footnote 10. 

^^ The Lords Proprietor commissioned Eastchurch as governor. Upon his return to 

the colony, he stopped at Nevis in the West Indies and sought the attention of a 

 wealthy lady. Deciding to remain in Nevis for a while, he appointed Thomas 

\ Miller deputy governor until his return. Eastchurch never returned to North 

'. Carolina, dying in Virginia while on his way back to the colony Because he had 

not officially quaUfied as governor in Albemarle, Eastchurch had no legal authority 

I to appoint Miller. When Miller reached Albemarle, however, he was able to secure 

his position with little initial trouble. Millers aggressive attempts to quiet 

opposition and his general handling of the government soon put him in conflict 

with the populace. This conflict erupted into the political upheaval known as 

"Culpepper's Rebellion." 

^^ See footnote 12. 

Tradition is that John Culpepper was elected governor by the assembly members 
when they rebelled against Miller. There is no documentary evidence to substantiate 
claims that he held any post other than that of customs collector. Dr. Lindley 
Butler suggests that it is possible that John Jenkins, the last de jure executive of 
the colony acted as a de facto government and evidence exists that a "rebel" council 
meeting was held in early 1678 at his home. 

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



14 



Jn 



y 



167 



NORTH CAROLINA MANUAL 2003-2004 



16 



Harvey s commission mstrucled him lo act as "President of the Council and execute 
the authority of the government until the arrival of Mr. Sothell". Other details are 
not known. He died while still in oltice. 

'' Jenkins was elected president of the council following the death of Han'ey and 
died on Decemher 17, 1681, while still m oltice. 

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

'" Sothell, following his purchase of the "Earl of Clarendons share of Carolina", 
became go\'ernor under a provision of the Fundamental Constitution which 
"provided that the eldest proprietor that shall be in Carolina shall be Go\'ernor " 
The date of SotheUs assumption of governorship is not known. Extant records 
tell nothing about the government of Albemarle m the year lollowmg 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 ot chaos. 
Nothing IS known except that Sothell arrived m Albemarle at some time prior to 
March 10, 1682, when he held court at Edward Smithwicks house m Chowan 
Precinct. Sothell soon ran into trouble with the people of Albemarle and at the 
meeting of the assembly m 1689, thirteen charges of misconduct and irregularities 
were brought against him. He was banished from the colony for 12 months and 
was prohibited from ever again holding public office m Albemarle. On December 
5, 1689, the Lords Proprietor officially suspended Sothell as governor because 
he abused the authority granted him as a proprietor. 

-'^ Archdale was m the colony by December, 1683, to collect C[Uitrents and remained 
m Albemarle until 1686. While Governor Sothell was absent from the county 
Archdale served on man\' occasions as acting go\'ernor. 

-' The Eundamental 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 o{ the Duke of Albemarle, had been made a cacique 
of Carolina m October, 1682, and had been granted a manor in the southern 
Carolina colony a few months later. Gibbs came to Albemarle at some date betore 
November, 1689, by which time he was known as governor." His claim to the 
governorship seems to have been recognized m 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 Ludwells appointment, 
which was made m December, 1689." E\'en after Ludwell arrived m 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 m England, 
which was apparently done. On November 8, 1691, the Proprietor issued a 
proclamation to the inhabitants of Albemarle reafiirming Sothels suspension and 



168 



HE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

repudiating the claim of Gibbs. They also suspended the Fundamental 
Constitutions, which stripped Gibbs of any further legal basis for his actions. 
(The actions of the Proprietors on November 8, 1691, did m fact suspend the 
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, 1689, 
following the suspension of Sothell. His dispute with Gibbs led to the issuance 
of a second commission on November 8, 1691. He served as governor until his 
appointment as governor of all Carolina. 

^ Jams acted as deputy governor while Ludwell was in Virginia and England. He 
was offtcially appointed deputy governor upon Ludwells acceptance of the 
governorship of Carolina and served until his death in 1694. 

^ Ludwell served as acting governor, possibly by appointment of Thomas Smith, 
governor of Carolina. The authority under which he acted is not 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 
Governor of North Carolina." Ludwell issued a proclamation on November 28, 
1693, and land grant records indicate that he acted as chief executive intermittently 
throughout 1694 and as late as May of 1695. Records show that he was residing 
in Virginia by April, 1695, and had been elected to represent James City County 
in the Virginia Assembly. 

'" Har\'ey became president of the council upon the death of Jarvis in 1694. He was 
presiding over the council on July 12, 1694, and signed several surv^ey warrants 
the same day He continued serving until his death on July 3, 1699. 

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

^ Archdales authority to act as governor rested with his previous commission, 
which was still valid. The problem of gubernatorial succession at this time is 
due to the death of Lord Craven and confusion over the tenure oi Lord Bath. 
Since no one other than the Lord Palatine could commission a new governor, 
there had been no "regular" governor appointed for Carolina. 

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

 Daniel was appointed deputy governor of Carohna by Sir Nathaniel Johnson, 
Governor of Carolina, and was acting m this capacity by July 29, 1703. Conflicts 



169 



NORTH CAROLINA MANUAL 2003-2004 

with minority religious groups, primarily the Quakers, led to his suspension m 
March, 1705. 

^^^ Caiy was appointed by Sir Nathaniel Johnson, Governor of Carolina, to replace 
Daniel and arrived in North Carolina on March 21, 1705. Dissenters were pleased 
initially with the appointment, because Cary was related by marriage to John 
Archdale, the Quaker proprietor. This initial teelmg of goodwill toward Cary 
soon changed. When he arrived m North Carolina, Cary found Anglicans in 
most places of power and, therefore, cast his lot with them. Although the law 
requiring oaths of allegiance was still on the statute books, dissenters had assumed 
ihat Cary would not enforce it. When the General Court met on March 27, 
however, Cary did just that, the oath act being publicly read and put into execution. 
At the General Assembly meeting m November, 1705, Quaker members were 
again required to take oaths. They refused and were subsequently excluded trom 
the legislature. Cary and his Anglican allies then passed a law voiding the election 
of anyone found guilty of promoting his own candidacy. This loosely-ciehned 
bill gave the majority faction m the lower house the power to exclude any 
undesirable member and was designed to be used against troublesome non- 
Quakers. 

Carys 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 ofhce with his fellow justices at the October/ 
November, 1705, session of the General Court, he had taken them in March, 
1705. In England, Porter received the support of John Archdale, who persuaded 
the Lords Proprietor to issue orders to Porter suspending Sir Nathaniel Johnsons 
authority over North Carolina, removing Cary as deputy governor, naming ftve 
new councilors and authorizing the council to elect a chief executive. 

Returning to Albemarle m October, 1707, Porter found William Glover and the 
council presiding over the government because Cary had lett tor a visit to South 
Carolina. This arrangement appeared satisfactory to Porter, who called the new 
lords deputies together and nominated Glover as president ol the council. Glover 
was elected, but the vote was illegal since Porters instructions required that Cary 
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 ofhce. 

On November 3, 1707, Glover convened the general assembly at John Hccklfields 
house at Little River. Joining him m the upper house as lords deputies were 
Porter, Foster, Newby Hawkins and Thomas Caiy, recently returned from South 
Carolina. After requesting that the lower house send its list ol members to him, 
the president proposed dissolution of the assembly without further business. 

170 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 
m compliance with the biennial act which specified that a legislative session be 
held every two years, Glover apparently did not want Gary to use the gathering as 
a forum. 

At some point between the close of the assembly in November, 1707, and the 
summer of 1708, Glover turned on the dissenters. Apparently, he decided to 
revive the oath of ofhce and force the Quaker councillors to take it. Seeing the 
turn of events, Gary moved to join Porter and the dissenters in the hope of 
regaining the chief executives office. After receiving assurances of toleration from 
Gary Porter moved decisively. Late m the summer of 1708, he called together 
both Gary's old councillors and the new ones, as he was originally supposed to 
have done in October, 1707, and announced that Glovers election as president 
had been illegal. Glover, joined by Thomas Pollock, protested vigorously and 
armed violence broke out between the two factions. Soon, though, both sides 
agreed to let the General Assembly determine the validity of their rival claims. 
Gar}' and Glover each issued separate writs of election to every precinct which 
then proceeded to elect two sets of burgesses - one pledged to Gary and one to 
Glover. Gary men predominated in Bath Gounty and Pasquotank and Perquimans 
precincts. Glover men controlled Gurrituck precinct, and Chowan was almost 
evenly divided. In the critical maneuvering for control of the assembly which 
met October 11, 1708, Gary forces scored an early, ultimately decisive victory. 
Edward Moseley, an Anglican vestryman, was chosen speaker of the house. Despite 
his religious afhhation, he was a Gary supporter. Through Moseley's careful 
management, Gaiy delegates were seated from every precinct except Gurrituck. 
When news of the Gary victory in the lower house reached Glover, he departed 
for Virginia. There is evidence that Glover continued to act in the capacity of 
president of a council during 1709 and 1710. Land grant records indicate several 
grants throughout each year bear his name and the names of his councillors. The 
general assembly nullihed the test oaths and the council ofhcially elected Gary 
president. 

The Lords Proprietor were slow to intervene to stop the pohtical turmoil in 
North Garolina. In December, 1708, they appointed Edward Tynte to be governor 
of Garolina and instructed him to make Edward Hyde deputy governor of North 
Garolina. Arriving in the colony early m 1711, Hyde had no legal claim on the 
deputy governorship because Tynte had died before commissioning him. He 
was, however, warmly received in Albemarle and his position as a distant kinsman 
of the queen so impressed the council that it elected Hyde to the presidency He 
called a general assembly for March, 1711, where he recommended harsh 
legislation against dissenters and the arrest of Gary and Porter. From his home in 



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NORTH CAROLINA MANUAL 2003-2004 

Bath, Gary rallied his supporters to resist and the armed conflict known as the 
Gary Rebellion began. 

^' See footnote 30. 

^^ See footnote 30. 

" See footnote 30. 

^■^ See footnote 30. 

" See footnote 30. 

^" Edward Hyde ser\Td 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. Garys Rebellion ended with the arrest 
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 Gharles Eden. 

^^ The Lords Proprietor commissioned Eden and he ser\'ed until his death on March 
22, 1722. 

"^'-^ Pollock, as president of the council, became chief executive after Edens death 
and served until his own death m September, 1722. 

"*' Reed was elected president of the council to replace Pollock and as such sen-ed 
until the arrival of George Burnngton. 

"^-^ Moseley, as president of the council, was sworn in as acting governor when 
Burrington left the colony to travel to South Garolina. By November 7, 1724 
Burnngton had returned to North Garolma. 

■^^ Burrington was commissioned governor of North Garolina by the Lords 
Proprietor and served until he was removed from office. Why he was removed is 
not officially known. 

"*■* The Lords Proprietor commissioned Everard following Burringtons removal from 
office. Burrington, however, continued to create problems for Everard afier he 
had taken office. Everard remained governor during the period ot transition when 
North Garolina became a royal colony. 

Royal Chief Executives 

"*' In 1729, the Lords Proprietor gave up ownership of North Garolina and with it 
the right to appoint governors and other officials. 

"*" Burrington was the first governor commissioned by the crown, and the only 
man to be appointed by both the Lords Proprietor and the crown. He qualified 



172 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

before the council in 1 73 1 . His political enemies succeeded in securing his removal 
from office in 1734. 

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

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

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

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

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

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

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

^"^ See footnote 53. 

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

^^ Josiah Martin was appointed by the crown and served as the last royal governor 
of North CaroHna. 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. 

Governors Elected by the General Assembly 

^^ The Constitution of 1776 provided that the General Assembly "elect a governor 

for one year, who shall not be eligible to that office longer than three years, in six 

successive years." 
5^ The Provincial Congress appointed Caswell to act "until [the] next General 

Assembly" The General Assembly later elected him to one regular term and two 

additional terms. 



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NORTH CAROLINA MANUAL 2003-2004 

*'^' The House and Senate Journals for 1780 are missing. Loose papers found in the 
North Carolina state archives, however, provided the necessary information. Nash 
requested that his name be withdrawn from nomination in 1781. 

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

"- Martin, as Speaker of the Senate, was qualified as acting governor upon receiving 
news of Burke's capture. He served m this capacity until Burke returned to North 
Carolina m 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 ot 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 m 1832 as "chairman of the Federal 
Indian Commission to supervise the settlement of southern Indians west of the 
Mississippi." 



h5 



(if-i 



174 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 serve 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 P. Mangum in the United States Senate. 

'''* Winslow, as Speaker of the House, qualified as governor following the resignation 
of Reid. 

^5 Ellis died on July 7, 1861. 

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

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

^^ The North Carolina Constitution of 1868 extended the term of ofhce for governor 
from two years to four years, but prohibited him from seeking re-election for the 
following term. 

Popularly-Elected Governors: Eour-Year Term 

^^ The efforts of conservatives in keeping blacks away from the polls during the 
election of 1870 resulted in a substantial majority of the seats m the General 
Assembly being won by conservative candidates. On December 9, 1870, a 
resolution of impeachment against Holden was introduced in the House of 
Representatives by Frederick N. Strudwick of Orange. In all, eight charges were 
brought against Governor Holden. The trial lasted from Februar)' 21, 1871, to 
March 23, 1871, and Holden was found guilty on six of the eight charges. He 
was immediately removed from office. 

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

^^ See footnote 80. 

^^ Vance was elected governor m 1876. On January 21, 1879, he was elected to the 
United States Senate by the General Assembly and resigned as governor effective 
February 5, 1879. 

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



175 



NORTH CAROLINA MANUAL 2003-2004 

^"* Robinson was sworn in as governor on September 1, 1883 to act while Jar\is 
was out of the state. He ser\'ed 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 gox'ernor elected to a four-year term who was then elected 
to another term. A constitutional amendment adopted in 1977 permitted the 
governor and lieutenant go\'ernor to run tor re-election. 

''*'' Martin became only the second Republican elected in this centur\'. He was re- 
elected m 1988. 

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



176 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Office of the Lieutenant Governor 

The origin of this office goes back to 16th centuiy 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. 

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

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

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

The Lieutenant Governor is President of the Senate, and, as chief presiding 
officer, directs the debate of bills on the Senate floor. The Lieutenant Governor is 
also a member of the Council of State and serves on the State Board of Education 
and the North Carolina Capitol Planning Commission, 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 m carrying out his duties. Much of the work of the staff involves responding 
to citizen inquiries and problems, developing poUcy initiatives and working with 
other state agencies. 



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NORTH CAROLINA MANUAL 2003-2004 

Boards and Commissions 

Noith Caix)lina Capitol Planning Commission 

North Carolina Small Business Council 

State Board of Commiuiity Colleges 

State Board ofEducation 

State Health Plan Purchasing Alliance Board 

North Carolina Local Government Partnership Council 

North Carolina Information Resource Management Commission (Chair) 

For further information about the Office of the Lieutenant Governor, call (919) 
733-7350 or visit the offices Web site at v>avw. Itgo v. state .nc . us . 




Beverly Eaves Perdue 

Lieutenant Governor 

Early Years 

Born in Grundy, Va. 

EducationalBackgixyimd 

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

ProfessionalBackground 

Lieutenant Governor 

Political Actwities 

Lieutenant Governor of North Carolina, 2001- 
Present; N.C. Senate, 1990-2000; N.C. House of 
Representatives, 1986-1990. 

Business/Professionaly Charitable/Civic or Community Service Organizations 

Volunteer, North Carolina Food Bank; Volunteer, Carolina Center for Hospice and 
End of Life Care; Member, National Conference of Lieutenant Governors. 

Elective or Appointed Boards and Commissions 

Chair, Health and Welfare Trust Fund Commission; State Board of Education; State 
Economic Development Board. 

Honors and Awards 

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

Personal In/btmation 

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

Episcopalian. 

178 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Lieutenant Governors^ 



Name 


Residence 


Term 


Tod R. CaldwelP 


Burke 


1868-1870 


Curtis H. Brogden^ 


Wayne 


1873-1874 


Thomas J. Jams'* 


Pitt 


1877-1879 


James L. Robinson'^ 


Macon 


1881-1885 


Charles M. Stedman 


New Hanover 


1885-1889 


Thomas M. Holt'^ 


Alamance 


1889-1891 


Rufus A. Doughton 


Alleghany 


1893-1897 


Charles A. Reynolds 


Forsyth 


1897-1901 


Wilfred D. Turner 


Iredell 


1901-1905 


Francis D. Winston 


Bertie 


1905-1909 


William C. Newland 


Caldwell 


1909-1913 


Elijah L. Daughtridge 


Edgecombe 


1913-1917 


Oliver Max Gardner 


Cleveland 


1917-1921 


WilUam B. Cooper 


New Hanover 


1921-1925 


Jacob E. Long 


Durham 


1925-1929 


Richard T. Fountam 


Edgecombe 


1929-1933 


Alexander H. Graham 


Orange 


1933-1937 


Wilkins R Horton 


Chatham 


1937-1941 


Reginald L. Harris 


Person 


1941-1945 


Lynton Y. Ballentine 


Wake 


1945-1949 


Hoyt Patrick Taylor 


Anson 


1949-1953 


Luther H. Hodges^ 


Rockingham 


1953-1954 


Luther E. Earnhardt 


Cabarrus 


1957-1961 


Harvey Cloyd Philpott*^ 


Davidson 


1961-1965 


Robert W Scott 


Alamance 


1965-1969 


Hoyt Patrick Taylor, Jr. 


Anson 


1969-1973 


James B. Hunt, Jr. 


Wilson 


1973-1977 


James C. Green'^ 


Bladen 


1977-1985 


Robert B. Jordan, 111 


Montgomery 


1985-1989 


James C. Gardner ^'^' 


Nash 


1989-1993 


Dennis A. Wicker 


Lee 


1993-2000 


Beverly Eaves Perdue 


Craven 


2001-Present 



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

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

^ Brogden became governor following Caldwell's death. 



Jarvis became governor following Vance's resignation. 



179 



NORTH CAROLINA MANUAL 2003-2004 

^ Robinson resigned from office on October 13, 1884. 

^ Holl became governor following Fowle's death. 

'' I^odges became governor following Umsteads death. 

" Philpott died on August 18, 1961. 

" Green vv'as the tirst lieutenant governor elected to a second term. 

"' Gardner was elected m 1988, becoming the hrst Republican elected lieutenant 
governor this century. 



180 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of the Secretary of State 

The Department of the Secretaty of State is the second-oldest government office 
in North CaroUna. Shortly after the Lords Proprietor were granted their charter in 
1663, they appointed the first secretary to maintain the records of the colony The 
office continued afier 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. 

From 1 776 until 1835 , the Secretary of State was elected by the General Assembly 
in joint session for a term of one year. The Convention of 1835, in addition to 
changmg 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 Carolina. 

For decades afterwards, individuals elected to the office were usually re-elected 
on a regular basis. Only seven men held the office during its first 92 years and only 
21 individuals have held the office since its creation in 1776. William Hill, who 
served as Secretary of State from 1811 until his death in 1857, 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 
later, on December 22, 1982, Thad Eure broke Hills record, in the process becoming 
one of the longest-serving elected officials ever in North Carolina history. Eure, the 
self-styled "oldest rat m the Democratic barn," retired from office in 1989 afier more 
than 52 years. 

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

Elaine F Marshall, a Lillington attorney and former state senator, became North 
Carolina's first female elected Secretary of State in 1996, 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 and again in 2004. 

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 



181 



NORTH CAROLINA MANUAL 2003-2004 

and an ex-officio member of the Local Government Commission and Capital 
Planning Commission and the Information Resources Management Commission. 

The department plays an important role m the states economy. Many of the 
departments programs encourage capital investment in North Carolina by pro\iding 
a stable regulatory environment lor business and industry. The agency is also a 
leader in developing electronic commerce throughout the state. The departments 
business-related sub-branches include: 

Cotyoratwns Division 

This dix'ision regulates the formation, activities and dissolution of every 
cor]ioration. limited liability company and limited partnership m the state. The 
department is required by North Carolina law to ensure uniform compliance with 
statutes governing the formation of business entities. As a result, the division records 
business entit)' mlormation rec[uired by law as a public record, prevents duplication 
of business entity names and furnishes entity information to the public. The diMsion 
is responsible for maintaining records on approximately 300,000 current 
corporations, limited partnerships, limited liability partnerships and Umited liability 
companies. The Information Services Group responds to thousands of inquiries 
regarding entity records. Information on the Corporations Division website is 
accessed in excess of 700,000 times per month. 

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 ]:^on]\ Carolina Manual and 
the Directory oj State and County Ojjieials, while also managing an archive that 
includes state voting records — both primary and general elections — as well as 
oflicial copies of gubernatorial executive orders, N.C. House and Senate journals 
and N.C. Session Laws extending back over a centuiy and an original, hand-written 
copy ot the N.C. Constitution ot 1868. The divisions web site has developed an 
extensive list of North Carolina-related URLs. 

Securities Division 

The Securities Duision regulates the sales of stocks and other financial instruments 
and the activities of brokers across the state. The division is responsible for 
administering North Carolinas 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 satisfactor)' investigation of both the people who offer securities 
and of the securities themselves. The laws provide the division with signihcant 
investigative powers. 

The Securities Division handles investor complaints concerning securities brokers 
and dealers, investment advisers or commodities dealers. The division is also an 

182 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

information source for investors inquiring about offerings of particular securities 
or commodities. Although the division cannot represent an investor in a claim for 
monetary damages, the staff can investigate alleged violations and suspend or revoke 
a brokers license. The division 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. 
Conviction of willfully violating the state security laws is a felony Investors with 
concerns about or complaints against specific brokers can call the di\ision at (800) 
688-4507. The division is also responsible for the registration of loan brokers and 
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 
Commission, and with various industry groups such as the National Association 
of Securities Dealers. 

Trademarks Section 

This section issues trademarks and service marks for businesses in North 
Carolina and enforces state and federal trademark laws against counterfeiters. 
Counterfeit goods cost North Carolina manufacturers and consumers millions of 
dollars each year. 

Uniform Commercial Code Division 

This dmsion supports commercial lending m North Carolina as the repositor)' 
for lien records filed by banks, mortgage companies and other financial institutions. 
Uniform Commercial Code Article 9 of the North Carolina General Statutes requires 
the department to pro\ide a method of notifying interested third parties of security 
interests in personal property The division maintains a notice filing system similar 
to those used by nearly every state in the Union. The UCC Di\isions records are 
public records. The division processes more than 10,000 filings monthly 

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

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



183 



NORTH CAROLINA MANUAL 2003-2004 

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

Advanced Health Care Directives Registry 

The Advanced Health Care Directives Registr)' provides North Carolinians with 
a central repository for end-of-life health care directives. Citizens can file these 
directives with the registry, which then makes them available to physicians via the 
Internet. The innovative registry protects the privacy of its clients while ensuring 
that their important end-of-life directives are available around the clock to their 
health care providers. 

Authentications Section 

The Authentications Section helps residents and businesses navigate the 
requirements of the Hague Convention, which go\'erns international protocol for 
establishing the authenticity of ofhcial documents issued m the United States that 
are intended for use in business or ofhcial governmental transactions m other nations. 
In concrete terms, the Authentications Sections helps thousands of residents complete 
the paperwork for overseas adoptions and shipment of bodies for 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 
who raise money for charitable purposes from persons withm 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. 

Before soliciting residents of North Carolina for contributions, organizations 
subject to the state law must apply for and obtain a license to solicit. Licenses must 
be renewed annually and the section reviews applications and issues licenses to 
those m 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 pro\ide assistance to the states attorney general in 
prosecuting civil actions brought to enforce solicitation laws. 

Land Records Section 

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. 



184 



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. 

Lobbyist Registration Section 

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

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 
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 
establishing the authenticity of signatures on legal documents such as deeds, 
automobile titles and other instruments. The section has an enforcement section 
that works with local and state agencies to enforce notary public law and prosecute 
violators. 

For more information about the Department of the Secretary of State, call: (919) 
807-2000 or visit the departments Web site at www.sosnc.com . 



Elaine F.Marshall 

l^.C. Secretary of State 

Early Years 

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

EducationalBackground 

Bachelors of Science in Textiles and Clothing, 
University of Maryland, 1968; Juris Doctor, 
Campbell University School of Law, 1981; 
Honorary Doctoral Degrees, Meredith 
College and Lees-McRae College, 2004. 

ProfessionalBackground 

Director of Camping, Maryland 4-H 

Foundation (summers), 1964-1966; Teacher, 

Lenoir County School System, 1969-1970; Co-Owner, Book and Gift Store, 1969- 

74; Instructor, Lenoir Community College and Johnston Technical Community 

College, 1970-1977; Owner and Decorator, The Custom House, Dunn, 1975-1979; 

Associate, Office of Edgar R. Bam, Lillmgton, 1981-1984; Partner, Bain & Marshall, 

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

185 




NORTH CAROLINA MANUAL 2003-2004 

Political Activities 

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

Organizations, Boarxls and Conunissions 

Chair, National Secretaries of State Standing Committee on Business Services & 
Licensing; Board of Directors, Latin American Resource Center; Member, North 
Carolina Courts Commission, Juvenile Code Study Commission, Agriculture and 
Forestry Resources Study Commission and Joint Legislative Highway Oversight 
Committee, N.C. General Assembly, 1993-1994; Member, Board of Directors, N.C. 
Rural Economic Development Fund, Inc., 1993-1995; Member, Board of Directors, 
N.C. 4-H Development Fund, Inc., 1990-Present; Member, Board of Directors, 
Harnett County United Way, 1987-1996; Founding board member, Harnett County 
Rape Crisis (now SAFE), 1988-1991; President, Harnett County Bar Association, 
1988-1989; Governor, N.C. Association of Women Attorneys, 1995; Founding 
Chair, Harnett HelpNet for Children, 1992; International Farm Young Exchange 
Delegate to Brazil, 1967; National Scholarship Winner, 4-H Foundation, 1963; 
President, Maiyland 4-H, 1963. 

Honoi^ andAwaixis 

2004 Leadership m Government Award, Common Cause; 2004 Distinguished 
Attorney Award, N.C. Association of Women Attorneys; 2003 Lifetime Achievement 
Award, North Carolina 4-H (organizations highest award); 2003 Top Twenty-Five 
Award for Government Technology Leadership m America by Govcvumcni Technology 
Magazine; Named one of Business Leader Magazines Ten "Women Extraordmair," 
2003; In the Arena Award Uor departments new interactive database system) and 
Best of Breed Award (for leadership m opening up state government through Internet- 
based access), Center for Digital Government, 2002; Alumni of the Year, North 
Carolina 4-H, 2001; Inductee, Academy of Women, Wake County YWCA, 2001 
James Earl Carter Outstanding Alumni Award, Young Democrats oi America, 2001 
Special Achievement Award for Technology, Academy of Trial Lawyers, 2000 
Leadership m Technology Award, Government/Non-Profit Sector, NCEITA, 1998 
Career Woman of the Year, Business & Professional Women in North Carolina, 
1998; Distinguished Citizen Award, N.C. Council for Women, 1997; Distinguished 
Citizen of the Year, N.C. Council for Women, 1996; Recipient, Richter Moore Public 
Service Award, N.C. Political Science Association, 1997; Recipient, Gwyneth B. 
Davis Award, N.C. Association of Women Attorneys, 1996; Honorary member, 
Delta Kappa Gamma Society, 1994; Lillmgton 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; Harnett County 4-H Alumna of the Year, 1989; Delegate to Brazil, 

186 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



International Farm Young Exchange, 1967; National Scholarship Winner, 4-H 
Foundation, 1963. 

Personal In/brmation 

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

North Carolina Secretaries of State 



Colonial Secretaries^^ 

Name 

Richard Cobthrop^ 
Peter Carteret' 
Robert Holden^ 
Thomas Miller"^ 
Robert Holden^ 
Woodrowe'' 
Francis Hartley^ 
Daniel Akehurst*^ 
Samuel Svv^ann^ 
Tobias Knight^*^ 
George Lumley^^ 
George Lumley 
Nevil Low^- 
Tobias Knight'^ 
John Lovick^"^ 
John Lovick^' 
Joseph Anderson^^ 
Nathaniel Rice^' 
James Murray^^ 
Henry McCulloch^^ 
Richard Spaight^^ 
Richard Spaight^^ 
Benjamin Heron--^ 
John London--' 
Robert Palmer'"* 
Thomas Faulkner'^ 
Samuel Strudwick^^ 



Residence 



Term 

ca. 1665 

1665-1672 

1675-1677 

1677-1679 

1679-1683 

1683-1685 

1685-1692 

1692-1700 

1700-1704 

1704-1708 

1704 

1708 

1711 

1712-1719 

1719-1722 

1722-1731 

1731 

1731-1753 

1753-1755 

1755 

1755-1762 

1762 

1762-1769 

1769-1770 

1770-1771 

1772 

1772-1775 



187 



NORTH CAROLINA MANUAL 2003-2004 



Secretaries ofState^ 






James Glasgow-" 




1777-1798 


William White-^' 




1798-1811 


William HilP^^ 




1811-1857 


Rufus H. Page^' 




1857-1862 


J ohn P. H. Russ'^ 




1862-1864 


Charles R. Thomas^^ 




1864-1865 


Robert W. Best'^ 




1865-1868 


Heniy 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 


Charles M. Cooke ^^" 


Franklin 


1895-1897 


Cyrus Thompson 


Onslow 


1897-1901 


John Bryan Grimes""-^ 


Pitt 


1901-1923 


William N. Everett"*^ 


Richmond 


1923-1928 


James A. Hartness"*- 


Richmond 


1928-1933 


Stacey W Wade^^ 


Carteret 


1933-1936 


Charles G. Powell-*^ 


Granville 


1936 


Thad A, Eure^' 


Hertford 


1936-1989 


Rufus L. Edmisten"^*" 


Watauga 


1989-1996 


Janice 1. Faulkner"*' 


Pitt 


1996 


Elaine E Marshall"*^ 


Harnett 


1997-Presei 



Colonial Secretaries 

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

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

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

"* When Eastchurch appointed Miller to act m his stead until he returned to North 
Carolina, he apparently appointed him secretary as well as deputy governor. On 



188 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 ofhce 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 
acquitted of the charges and continued serving as secretary Some sources indicate 
he served until 1684. Other references, however, indicate that someone else was 
acting as secretary in 1684 or earlier. 

' Little is known about Woodrowe, not even his first name. The only mention of 
him in extant records is in a letter written by the Lords Proprietor in Februar)', 
1684. The letter indicates that he had been serving for some time, ll 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 ofhce is not known. He was apparently acting as secretary 
by June 26, 1693, when he acknowledged a land grant. It is possible that he was 
appointed as early as 1692 and presumably served until his death sometime in 
late 1699 or early 1700. His will was probated m Virginia m 1700. 

^ Swann may have been appointed to replace Akehurst; When he took office is not 
known. He was serving by September, 1700, and probably served until Knight 
took over 1704. 

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

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



10 



189 



NORTH CAROLINA MANUAL 2003-2004 

' - The Lords Proprietor issued two commissions to Low, the first on January 3 1 , 
1711, and a second on June 13, 1711. There is no record of Low actually serving 
as secretary 

" The Lords Proprietor commissioned Knight and he subsequently qualified before 
the governor and council. In 1719 he was called before the council to answer 
charges o'i conspiracy with pirates, but was acquitted. He apparently died m late 
June, 1719, since a successor was appointed on June 30, and his will was probated 
on Julv 7, 1719. 

'"* Lovick was appointed b)' the governor and council lollowing Knights death. 

'^ The Lords Proprietor commissioned Lovick and he qualilicd before the governor 
and council. He ser\^'d until 1731. 

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

'' Rice was commissioned by the crown and qualiticd before the governor and 
council. He served until his death on January 28, 1753. 

''"^ The Council appointed Murray upon the death of Rice. He ser\'ed until McCullochs 
arrival m 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 McCullochs appointment as secretary 
and Governor Dobbs certihed his commission on July 1 while both were still in 
England. McCulloch qualihed as a council member on March 25, 1755, but 
does not appear to have acted as secretary until April. He sciwed until his death 
later m 1755. 

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

-' Dobbs re-appomted Spaight and he ser\'ed until his death sometime during July 
or early August, 1672. 

'■^ Dobbs appointed Heron to replace Spaight. On March 6, 1769, Heron was granted 
a leave of absence to return to England where he apparenth' died. 

^-^ London was already a deputy secretary under Heron and acted m this capacity 
until news of Herons death was received. Governor Tryon appointed London 
secretaiy upon the death of Heron and he seiwed 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 lor reasons of health. 



190 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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

^^ Martin appointed Strudwick after the latter had produced "sufficient e\adence 
that he had rented the Secretary's Office m this Province of Mr. Faulkner." He 
apparently continued serving until the Revolution. 

Secretaries of State 

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

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

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

^'' Hill died on October 29, 1857. 

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

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

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

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

^^ Menninger was elected in the general election m April, 1868, but declined to run 
for re-election in 1872. 



36 



Engelhard died February 15, 1879. 



191 



NORTH CAROLINA MANUAL 2003-2004 

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

^^ Governor Fowle appointed Coke on April 4, 1891, to replace Saunders. He was 
elected to a full term in the general elections in 1892 and served until his death 
on August 30, 1895. 

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

""' Grimes died Januaiy 16, 1923. 

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

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

"*^ Wade resigned m November, 1936. 

^^ Governor Ehnnghaus appointed Powell on November 17, 1936, to replace Wade. 
Powell resigned just one month after taking ofhce. 

"•^ Eure had been elected m the general elections of 1936 and was appointed by 
Governor Ehringhaus on December 21, 1936, to replace Powell. On Januar)- 7, 
1937, he took ofhce for his regular term and subsequent re-elections. He ser\'ed 
longer than any other state ofhcial m North Carolina history finally retiring on 
January 7, 1989. 

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

"*' Governor Hunt appointed Faulkner on April 1, 1996, to ser\'e the remainder of 
Edmisten s term. 

"* - Marshall became North Carolina's hrst female elected Secretary of State after winning 
the general election of 1996. She took ofhce m January, 1997. 



192 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Office of the State Auditor 

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

Today, the state auditor is a constitutional officer elected by vote of the people 
every- four years. The Office of the State Auditor conducts audits of the financial 
affairs of all state agencies. The department also has the statutory' authority to perform 
other special audits, re\iews 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 ED? audits to verify the reHability and controls over computer 
applications. The department also analyzes the quality reviews of certain non-profit 
organizations by public accounting firms. 

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

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

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 financial audits and reviews of state agencies 
I and institutions to determine whether they adhere to generally-accepted accounting 

principles and standards. The audits identify the specific strengths and weaknesses 
j of each agency's internal control systems. Auditors also test the accuracy of financial 
j reports and whether an agency complies with all applicable laws, regulations and 

policies. 

I Offtce 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 



193 



NORTH CAROLINA MANUAL 2003-2004 

and accuracy of computer-generated data. The dmsion monitors the use of state 
funds pro\dded 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 Divisions managerial team includes two deputy state auditors and 
eight audit managers who are charged with auditing the major functions in state 
government. Audit supervisors are based in Raleigh and m branch ofhces throughout 
the state: Asheville, Morganton, Charlotte, Greensboro, Wmston-Salem, Fayetteville, 
Greenville, Elizabeth City and Wilmington. 

Boards and Commissions 
Advisory Council, NCACTS 

Capital Planning Commission 

Council of State 

Education Facilities Finance Agency 

Information Resource Management Commission 

Local Government Commission 

N.C. Local Government Partnership Commission 

For further information on the Ofhcc o'^ the State Auditor, call (919) 807-7500 
or fax: (919) 807-7647. To report specihc incidents of fraud, waste or abuse m 
state government, call the departments f^otline ai (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 dcparimcnts Web site at: 
www.osa.state.nc.us. 



Ralph Campbell, Jr. 

State Auditor 

Early Years 

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

EducationalBackground 

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. 




194 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

ProfesshncUBackgrnimd 

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

PoliticalActivities 

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

Business/E^fessionaly Civic/Charitable or Community Service Organizations 

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

Elective orAppointedBoards and Commissions 

N.C. Council of State 1993-Present; N.C. Information Resource Management 
Commission, 1993-2004 (Chair, 2000); North Carolina Local Government 
Commission. 

Military Service 

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

Honors andAwards 

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

Personallnjbrmation 

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

State Auditors 



Term 

1862-1864 

1864-1865 



1868-1873 
1873-1877 
1877-1881 
1881-1889 
1889-1893 
1893-1897 
1897-1901 
1901-1910 



195 



Auditors of Public Accounts 




Name 


Residence 


Samuel F Phillips^ 


Orange 


Richard H. Battle^ 


Wake 


State Auditors 




Henderson Adams^ 




John Reilly 


Cumberland 


Samuel L. Love 


Haywood 


William R Roberts 


Gates 


George W. Sandlin 


Lenoir 


Robert M. Furman 


Buncombe 


Hal W. Ayer 


Wake 


Benjamin F Dixon^ 


Cleveland 


State Auditors (Continued) 





NORTH CAROLINA MANUAL 2003-2004 

Name Residence Term 

Benj amm F, Dixon , J r. ' Wake 1910-1911 

William P. Wood^ Randolph 1911-1921 

Baxter Durham Wake 1921-1937 

George Ross Pou' Johnston 1937-1947 

Hemy L. Bridges^' Guilford 1947-1981 

Edward Renfrow' Johnston 1981-1993 

Ralph Campbell, Jr."' Wake 1993-Present 

Auditors of Public Accounts 

' Phillips resigned effective Jul)' 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 sen-ed until the ofhce was abolished m 1865. 

State Auditors 

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

■* Dixon died September 26, 1910. 

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

^ 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 February 9, 1947. 

'- Bridges was appointed by Governor Cherry on Februaiy 15, 1947, to replace 
Pou. He was elected m the general election m 1948 and served until his retirement 
m 1981. 

'^ Renfrow was elected in 1980. 

"' Ralph Campbell, Jr., was elected m 1992. 



196 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of State Treasurer 

North Carolina's Treasurers Court was established in 1669. The court was 
responsible for managing the colony's public monies. The office of treasurer was 
formally created m 1715. The lower house of the colonial assembly appointed 
treasurers. Between 1740 and 1779 there was one treasurer each for Northern and 
Southern North Carolina. The assembly added four additional treasurers in 1779, 
each serving a 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 in 1868. The Constitution of 1868 provided for a 
treasurer elected by the people for a four-year term. This arrangement was untouched 
by the new constitution of 1970. 

Many of the Department of State Treasurer's current duties and functions 
originated in the constitution of 1868. The constitution formalized the more 
important fiscal duties of the Department of State Treasurer. The department's functions 
had varied from administration to administration prior to 1868. The department 
has only garnered steady public notice since the middle of the 20th Century. Prior 
to then, the state had ver}' limited financial resources. The entire state budget in 
1901 — $450,000 — would currently fund one public high school in North 
'Carolina for about a month. 

Only twelve men have occupied the office of state treasurer since 1868. Benjamin 
R. Lacy of Wake County held ofhce the longest of any post-war treasurer. Lacy 
served from 1901 to 1928. Edwin Gill of Scotland County, who served from 1953 
until 1977, had the second-longest tenure m office of all post-war treasurers. The 
all-time record for tenure m office by a treasurer, however, still belongs to John 
: Haywood. Haywood ser\'ed the state for 40 years, from 1787 to 1827. 

North Carolina's state treasurers have long enjoyed a nationwide reputation for 
fiscal integrity and financial responsibiUty Edwin Gill, m particular, did much to 
earn that widespread public trust by establishing and maintaining high professional 
standards for the department during his administration. As a result. North Carolina 
received the coveted Triple-A credit rating for the hrst time in the early 1960s. The 
rating, which North Carolina has carefully maintained ever since, saves state taxpayers 
tens of millions of dollars each year through lower interest rates on the state's long- 
term debts. 

I Richard Moore, current North Carolina State Treasurer, who was elected to his 
I first term m 2000, is continuing to follow the same high standards of fiscal integrity 
jjlthat have characterized North Carolina's public finance system for the past half century 
i As State Treasurer, Moore has taken steps to put rigorous investment standards in 



197 



NORTH CAROLINA MANUAL 2003-2004 

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. 
The state treasurer has more constitutional and legislatively-assigned duties than 
any other public olTicial m the state other than the governor. The treasurer is a 
member of the Council of State, presiding officer ot the Local Government 
Commission and chair of the Tax Review Board, the State Banking Commission, 
the Teachers and State Employees Retirement System Board of Trustees and the 
North Carolina Educational Facilities Finance Agency He is also a member of the 
State Board o^ 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 m the executive 
branch. The department currently employs 316 people and has an annual budget 
of $27.6 million. 

Retirement Systems 

The Retirement Systems Dmsion administers the four statutory retirement and 
eight fringe benefit plans that cover the states public employees. Administration of 
the several retirement systems and beneht plans requires a high level of fiduciaiy 
responsibility for the employees" trust funds entailing the prudent and elticient use 
of employee and taxpayer contributions. 

These retirement systems and beneht plans help the state recruit and retain 
competent employees for a career m public ser\'ice, They provide replacement income 
for employee retirement or disabiUty and death benehts for an employees survivors. 
More than 680,000 active and retired public employees and their dependents rely 
on these retirement and fringe benefit plans for a substantial portion of their long- 
term financial stability The division administers the Teachers' and State Employees' 
Retirement System; the Local Go\'ernmental Employees' Retirement System; the 
Consolidated Judicial Retirement System; and the Legislative Retirement System. 

Two boards of trustees govern these systems. The state treasurer is ex-officio 
chairman of each board. The board of the Teachers' and State Employees' Retirement 
System is composed of 14 actively-working employees, retirees and public members. 
The Local Governmental Employees' Retirement System Board, while legally separate, 
is composed of the same 14 members plus three additional members representing 
local governments. 

The Board of Trustees of the Teachers' and State Employees' Retirement System 
IS the governing board of the Consolidated Judicial and Legislative Retirement 
Systems m addition to all other programs administered by the division, except lor 
the Firemen's and Rescue Sciuad Workers Pension Fund. That fund is governed by 

198 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

a separate board of trustees, which is composed of six members, wdth the state 
treasurer ser\ang as ex-officio chairman. 

All retirement systems are joint contributory-defined benefit plans with 
contributions made by both employees and employers. Each active member 
contributes six percent (6%) of his compensation for creditable ser\ice by monthly 
payroll deduction. The only exception to this member contribution rate is the 
Legislative Retirement System to which each active member contributes seven percent 
(7%) of his compensation. Employers make monthly contributions based on a 
percentage rate of the members' compensation for the month. Employer contribution 
rates are actuarially calculated. 

The Retirement Systems Division also administers the Separate Insurance Benefits 
Plan; the Disability Income Plan; the Legislative Retirement Fund; the National 
Guard Pension Plan; the Teachers and State Employees Death Benefit Trust; the 
Supplemental Retirement Income Plan; the Registers of Deeds' Supplemental Pension 
Fund; the Contributory Death Benefit for Retired Members; the Firemen's and Rescue 
Squad Workers' Pension Fund. The 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 benefit plans have resulted in retirement systems which can be labeled 
as "actuarially sound." 

The division's administrative expenses are paid by receipts from the systems 
based on the ratio of members in each system to the total number of members of all 
systems. Receipt support from other programs pays for their cost of administration 
based on a cost-center analysis, except for the Firemen's and Rescue Squad Workers' 
Pension Fund, which is funded by direct appropriation of the General Assembly. 

Investments 

The Investment Division serves as the state's chief investment ofhcer by 
administering the State Funds Cash Management and Trust Funds Investment 
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 full fiduciary responsibility for these investment programs. 
State law requires that the programs be structured so investments can be readily 
converted to cash when needed. The state's constitution forbids the use of assets in 
retirement system funds for any purpose other than providing retirement benefits, 
administrative expenses and refunds. The State Funds Cash Management program 
holds $9 million. 



199 



NORTH CAROLINA MANUAL 2003-2004 

Financial Operations 

The Financial Operations Division serves as the stales banker by receiving and i 
disbursing all state monies. The General Assembly of North Carolina has provided | 
a centralized system for managing the flow of monies collected and disbursed by all ' 
state departments, agencies, institutions and universities. That system is centralized 
in this division. The Department of State Treasurer provides each state agency the 
same services that a commercial bank would normally provide. This system assures 
that the state itself is the prime beneficiary of the flow of funds through the commercial 
banking system in the course of conducting state business. 

State and Local Government Finance 

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 Facilities Finance Agency. 

The division provides two major types of services — debt management and 
hscal management — to state and local governments. The deputy treasurer who 
leads the State and Local Government Finance Division also ser\TS 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 m the area of hscal management. The commissions nine members include the 
State Treasurer, the Secretary of State, the State Auditor, the Secretary of Revenue, as 
v/ell as three members appointed by the governor, one by the lieutenant governor 
and one by the Speaker of the North Carolina House of Representatives. The State 
Treasurer serves as chairman. 

The State Treasurer is responsible for the issuance and service of all state debts 
secured by a pledge of the taxing povv^er of the state. After approval ot a bond issue, 
the division assists in determining the cash needs and most appropriate time for 
scheduling bond sales after consultation with other state agencies. It plans for 
repayment of the debt and prepares, with the advice and cooperation of bond counsel 
and the assistance of other state agencies, the ofhcial statement describing the bond 
issue and other required disclosures about the state. The division also participates 
in the actual sale and deliveiy oi the bonds. 

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

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



200 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The State and Local Government Finance Division provides technical assistance 
on financial matters to local governments and public authorities across North 
Carolina through the Local Government Commission. The divisions staff makes 
recommendations to the commission on the approval, sale and delivery of all North 
Carolina local government bonds and notes. The Local Government Commission 
must approve any proposed issue before local governments can incur that debt. 
The commission examines the necessity for the issue, the size of the issue, the local 
governments debt management policy, the local taxes that will be needed to service 
the debt and the abiUty 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. 
i 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 vahdates the definitive bonds and ensures that the monies are 
promptly transferred from the buying brokers to the government unit. 

A second key divisional function is monitoring certain fiscal and accounting 
I standards prescribed for local governments by the Local Government Budget and 
' Fiscal Control Act. The division furnishes on-site assistance to local governments 

concerning existing financial and accounting systems as well as new systems. 

Division staff strive to ensure that local governments follow generally-accepted 
, accounting principles, systems and practices. The division staff counsels local units 

in treasury and cash management budget preparation, as well as investment policies 

and procedures. The division also provides educational programs for local 
I governments in the form of seminars and classes. Division staff examine and analyze 
i annual audited financial statements and other required reports from local 
; governments. Information from these reports is compiled and provided to local 
; government officials and outside organizations to enhance the management of public 
! funds. The Local Government Budget and Fiscal Control Act requires each unit of 
 local government to have its accounts audited annually by a certified public 
' accountant or by an accountant certified by the commission as quaUfied to audit 
j local government accounts. The department provides continued assistance to the 
) independent auditors through individual assistance and continuing professional 

education. 

NC Cash Unclaimed Property Program 

j The NC Cash Unclaimed Property Program is responsible for holding funds 
j and property when the rightful owner cannot be located. Individuals and businesses 
I turn over funds such as abandoned bank accounts and uncashed checks to the 
\ program. The program also receives tangible property such as the contents ot 
!' unclaimed safe deposit boxes. Unclaimed Property staff attempt to return this 



201 



NORTH CAROLINA MANUAL 2003-2004 

property to its rightful owners whenever possible. The department invests the 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 

Boai d of Tioistees of the N.C. Local Governmental Employees 
Retii'ementSystem 

Boaid ofTioistees Teachers' and State Employees' Retirement System 

Local Govemment Commission 

N.C. Capital Facilities Finance Agency Boaid of Directors 



For more information about the Department of State Treasurer, call (919) 508- 
5176 or visit the departments Web site at www.nctreasurer.com 



MM^ 



iti 

iff 



•ft 

-111 I 

•Sit 



Richard Hancock Moore 

State Treasurer 

Early Years 

Born m Granville County on August 30, 1960, to 
G. Tmgley and Lucy Hancock Moore. 

Educaticon 

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

ProfessionalBackgrx)und 

State Treasurer. Federal Judicial Clerk, Hayden W. 
Head, Jr., United States District Judge; Associate, Fmley Kumble, Wagner, Heine, 
Underberg, Manley Myerson & Casey; Associate, Laxalt, Washington, Perito & 
Dubuc; Assistant United States Attorney Fastern District of North Carolina, Criminal 
Division; Attorney, Zollicoffer & Long. 

Political Activities 

State Treasurer, 2001-Present; Secretary N.C. Department of Crime Control and 
Public Safety, 1995-1999; Representative, 22nd District, N.C. House of 
Representatives, 1993-1994. 

Elective or Appointed Boarxis and Commissions 

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



202 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Honors andAwards 

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

Personallnfonnation 

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

State Treasurers 



Colonial Treasurers' 






Name 


Term 




Edward Moseley' 


1715-1735 




William Smith^ 


1735 




William Downing'* 


1735-1739 




Edward Moseley^ 


1735-1749 




William Smith^ 


1739-1740 




John Hodgson^ 


1740-1748 




Thomas Barker*^ 


1748-1752 




Eleazer Allen^ 


1749-1750 




John Starkey^*-^ 


1750-1765 




John Haywood^^ 


1752-1754 




Thomas Barker^-^ 


1754-1764 




Joseph Montford^' 


1764-1775 




Samuel Swann^'^ 


1765-1766 




John Ashe^^ 


1766-1773 




Richard Caswell"^ 


1773-1775 




Samuel Johnston^^ 


1775 




Richard CaswelP^ 


1775 




State Treasurers 






Name 


Residence 


Term 


Samuel Johnston^"^ 


Chowan 


1775-1777 


Richard CaswelP° 


Dobbs 


1775-1776 


John Ashe^^ 


New Hanover 


1777-1779 


William Skmner^^ 


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 



203 



NORTH CAROLINA MANUAL 2003-2004 



State Treasurers (continued) 

Name 

Timothy Bloodworth 
Robert Lanier 
Memucan Hunt'^ 
John Brown 
Benjamin Exuni 
Joseph Cain 
WilUam Locke 
Memucan Hunt 
John Haywood^"* 
WiUiam Robards 
William S. Mhoon 
Samuel L Patterson-^ 
Daniel W. Courts-*^ 
Charles L. Hmton 
John H. Wheeler 
Charles L. Hmton 
Daniel W Courts 
Jonathan Worth-' 
William Sloan-'"^ 
Kemp P. Battle-^' 
David A. Jenkins ''^ 
John M. Worth'' 
Donald W Bam'- 
Samuel McD. Tate" 
William H. Worth 
Benjamin R. Lacy^'^ 
Nathan O'Berr)'^' 
John P Stedman'*' 
Charles M. Johnson^''' 
Brandon P Hodges' 
Edwm M. GilP^^ 
Harlan E. Boyles'^' 
Richard H. Moore 



-38 



Residence 


Term 


Surry 


1780-1784 


New Hanover 


1780-1783 


Granville 


1782-1784 


Wilkes 


1782-1784 


Dobbs 


1782-1784 


New Hanover 


1783-1784 


Rowan 


1784 


Granville 


1784-1787 


Edgecombe 


1787-1827 


Granville 


1827-1830 


Bertie 


1831-1835 


Wilkes 


1835-1837 


Surr)' 


1837-1839 


Wake 


1839-1843 


Lincoln 


1843-1845 


Wake 


1845-1851 


Surry 


1851-1862 


Randolph 


1862-1865 


Anson 


1865-1866 


Wake 


1866-1868 


Gaston 


1868-1876 


Randolph 


1876-1885 


Wake 


1885-1892 


Burke 


1892-1895 


Guilford 


1895-1901 


Wake 


1901-1929 


Wayne 


1929-1932 


Wake 


1932 


Pender 


1933-1949 


Buncombe 


1949-1953 


Scotland 


1953-1977 


Wake 


1977-2000 


Vance 


2001 -Present 



Colonial Treasurers 

' The lower house of the colonial assembly reser\'ed the right to appoint colonial 
treasurers. This policy combined with the extensive control the assembly already 
exercised o\'er the colony s hnancial affairs, proved to be a constant source of 
friction between the governor and the lower house. 



204 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Treasurers were usually appointed in conjunction wdth money bills during the 
early years of the office. Later, however, they were appointed via bills passed 
specifically for the purpose of appointing treasurers. The assembly apparently 
first appointed treasurers during the Tuscarora War of 1711, when several 
commissioners were appointed to issue paper currency This practice continued 
until 1731, when George Burrington, North Carolina's first royal governor, 
questioned the assembly's right to appoint treasurers and instead tried to appoint 
his own treasurer. The lower house resisted this infringement upon its traditional 
rights and Burrington sought support from royal authorities in England. Crown 
officials, anxious about upsetting the lower house, hesitated to support Burrington 
and successive colonial governors on the issue. 

By 1729 the complexity of the colony's finances had become so great that the 
assembly created the office of precinct treasurer. The assembly submitted a list of 
two or three nominees to the governor for a final decision. The practice of "filling 
the offices of precinct treasurer seems to have fallen into disuse" by 1735 when 
there apparently were only two treasurers for the entire province — one for the 
northern district and one for the southern. This division continued for the 
remainder of the colonial period. 

^ 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 of the southern district 
and he continued m that capacity until his death in 1749. 

^ Governor Burrington and the council appointed Smith, but there is no evidence 
that he ever sensed. This may have been due to the response of the lower house 
to Smith's appointment. 

^ The legislature appointed Downing treasurer for the northern district and he 
ser\'ed until his death in 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 

serv'ed until 1748. 
^ The assembly appointed Barker m April, 1748. He served until he resigned in 

1752. 
' The general assembly appointed Allen in November, 1749, to replace Moseley 

He served until his death m 1750. 



205 



NORTH CAROLINA MANUAL 2003-2004 

^^ Starkey was appointed in July, 1750, to replace Eleazer Allen. He served as one of 
the colonys two district treasurers until his death m 1765. 

^ ' Ha)'wood was appointed to replace Barker and served until he apparently resigned 
m 1754. 

'•^ Barker was appointed in 1754 to replace Haywood and sensed until he apparently 
resigned in 1764. 

'^ Montlord was appointed m Febmary 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 m November 1766 to replace Starkey. He served until he 
was replaced by Caswell m 1773. 

'" Caswell was appointed m 1773 to replace Ashe. He sewed until the collapse of 
the royalist government m 1775. ''An Act for appointing Public Treasurers, and 
directing their duty m ofiice," Chapter V, Laws of North Carolina, Clark, State 
Records, XXIII, 904-906. 

^'Johnston and Caswell were appointed treasurers of the northern and southern 
districts respectively on September 8, 1775, by the provincial congress. Caswell 
ser\Td until his election as governor m 1776. Johnston served 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. I 

'- Governor Caswell, with the advice and consent of the council, appointed Skinner j 
to replace Johnston. The legislature elected Skinner to a regular term. He ser\'ed ' 
continuously until the district system was abandoned in 1784. 

^-' Hunt was the first sole treasurer elected by the General Assembly In 1786 charges j 
of misconduct were brought against him by a "Secret Committee ol the General ; 
Assembly" A joint session of the House and Senate heard the allegations against j 
Hunt on December 28. Two days later he was defeated for re-election by John i 
Haywood. 

-■^ Haywood died on November 18, 1827, while still m office, having ser\'ed for 
thirty years as state treasurer. 

'^^ Patterson was elected m 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 j 



206 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 m 1836. 

^^ Court's resignation was presented to the council on April 15, 1839. 

^^ Worth served until the end of the war. When the provisional government took 
over. Governor Holden appointed him treasurer. Worth resigned on November 
15, 1865. 

^^ Governor Holden appomted Sloan to replace Worth. He served until the new 
government took over. 

^'^ Battle was elected by the new General Assembly and began serving on Januar}' 1, 
1866. He continued in office until the new constitution went into effect in 1868. 

^'^ Jenkins was elected in the general elections of April, 1868, and ser\^ed following 
re-election in 1872 until his resignation on November 6, 1876. 

^^ Governor Brogden appointed Worth on November 10, 1876. He had already 
been elected in the general elections in 1876. 

^^ Bam died November 16, 1892. 

^"^ Governor Holt appointed Tate on November 19, 1892, to replace Bain. Worth 
defeated him in a special election in 1894. 

^■^ Lacy died February 21, 1929. 

^5 Governor Gardner appointed O'Berry on February 23, 1929, to replace Lacy 
O'Berry served until his death on January 6, 1932. 

^^ Governor Gardner appointed Stedman on January 7, 1932, to replace O'Berry. 
He resigned effective November 21, 1932. 

^■^ Governor Gardner appointed Johnson on November 7, 1932, to take office 
November 11. Johnson, however, failed to qualify at that time. He had already 
been elected in the general elections in 1932. 

^^ Hodges resigned in June, 1953. 

^^ Governor Umstead appointed Gill on June 29, 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 in November, 1976. 



207 



NORTH CAROLINA MANUAL 2003-2004 

Department of Public Instruction 

The Dcpariment of Public Instruction, under the leadership of the State Board 
of Education, establishes and administers overall policy for North Carolina's pubUc 
schools. The N.C. Superintendent of Public Instruction, whose office was 
established m the state constitution, manages the department and administers the 
policies established by the board. The state board adopts rules and regulations for 
the states public schools that are consistent with other laws enacted by the General 
Assembly Members of the board include the lieutenant governor, the state treasurer 
and eleven gubernatorial appointees, who are subject to confirmation by the General 
Assembly in joint session. The Superintendent of Public Instruction serves as 
secretaiy to the board. 

The North Carolina Department of Public Instruction was formed m 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 ot State. 

The Department of Public Instructions primary mission is to ensure that a 
"general and uniform system of free public schools shall be provided throughout 
the State, wherein equal opportunities shall be provided lor 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 Oltice of 
Education Reform report directly to the State Superintendent. The N.C. Board ol 
Education has several staff members, including a legislative director. The three primaiy 
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. 



208 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Information and Technology Services 

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

Financial and Personnel Services 

This area includes the Division of Financial Services, the Division of Human 
Resources Management, the Division of School Business and the Division of School 
Support. 

Boards and Commissions 

Basic Education Program Advisory Committee: Contact Dr. Henry 
Johnson, Education Building, 301 N. Wilmington St., Raleigh, N.C. 
27601-2825; Phone, (919) 715-1506. 

Board of Governors for Governor's Schools East and West: Contact 
Nancy Doherty, Division of Exceptional Children, Education Building, 
301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715- 
1994. 

Commission on School Technology: Contact Elsie Brumback, 
Instructional Technology Services, Education Building, 301 N. 
Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1530. 

Council on Educational Services for Exceptional Children: Contact Mary 
Watson, Monitor, Due Process and Parents' Rights, Exceptional Children 
Services, Education Building, 301 N. Wilmington St., Raleigh, N.C. 
27601-2825; Phone, (919) 715-1587. 

N.C. Advisory Committee for Services to Children with Deaf-Blindness: 

Contact Chris Jones, Deaf- Blind, Multihandicapped and Severely/ 
Profoundly Handicapped Programs, Division of Exceptional Children, 
Education Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; 
Phone, (919) 715-1998. 

N.C. Migrant Education Parent Advisory Council: Contact Emmett 
Kimbrough, Migrant Education, Education Building, 301 N. Wilmington 
St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1356. 

N.C. Professional Teachhig Standards Commission: Contact Peggy 
Hopkins, Education Building, 301 N. Wilmington St., Raleigh, N.C. 
27601-2825; Phone, (919) 715-1163. 

North Carolina School hnprovement Panel: Contact Judy White, 
Dhector, Education Building, 301 N. Wilmington St., Raleigh, N.C. 
27601-2825; Phone, (919) 715-1309. 



209 



NORTH CAROLINA MANUAL 2003-2004 

North Cai olina Standards Board for Public School Administration: 

Contact Linda Stevens, Executive Director, Room 324, Education 
Building, 301 N. Wihnington St., Raleigh, N.C. 27601-2825; Phone, (919) 
715-2050. 

North Carolina Textbook Commission: Contact Ann Fowler, Consultant, 
Department of Public Instruction, Education Building, 301 N. 
Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1893. 

Personnel Admuiistration 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) 
715-1310. 

Sports Medicine Advisory Commission: Contact Kymm BaUai d. 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 PrisciUa Maynor, 
Consultant, Division of Exceptional Children, Education Building, 301 N. 
Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1587. 

State Evaluation Committee: Contact Domia Simmons, Division of 
Human Resource Management. Education Building, 301 N. Wilmington 
St., Raleigh, N.C. 27601-2825; Phone, (919) 715-1147. 

State School Food Distribution Advisory Council: Contact Gary W. Gay, 
Food Distribution Division, N.C. Department of Agriculture, 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: Cbntact 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 BillMcGrady, Compensatoiy 
Education, Division of Human Resource Management, Education 
Building, 301 N. Wilmington St., Raleigh, N.C. 27601-2825; Phone, (919) 
715-1356. 



210 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Vocational Education Program Area Advisory Committees: Workforce 
Development Education, Education Building, 301 N. Wilmington St., 
Raleigh, N.C. 27601-2825. Contact persons are: 

Agricultural Education: K.C. Beavers, Consultant, DPI, (919) 715- 
1703 and Marshall Stewart, Consultant, N.C. State University, (919) 
515-1681. 

Business Education: Ken Smith, Section Chief, (919) 715-1661. 

Family and Consumer Sciences Education: Phyllis West, Consultant, 
(919) 715-1779. 

Health Occupations Education: Nancy Raynor, Section Chief, (919) 
715-1765. 

Marketing Education: Ken Smith, Section Chief, (919) 715-1661. 

Technology Education: Deborah Shumate, Consultant, (919) 715- 
1715. 

Trade and Industrial Education: Bob Dickerson, Consultant, (919) 
715-1708. 

Workforce Development Committee of Practitioners: Contact Don 
Brannon, Workforce Education Development, Division of Human 
Resource Management, Education Building, 301 N. Wilmington St., 
Raleigh, NC 27601-2825; Phone, (919) 715-1647. 

For more information on the N.C. Department of Public Instruction, call (919) 
715-1000 or visit the departments Web site, the DPI Info Web, at 
www.dpi.state.nc.us . 



211 



NORTH CAROLINA MANUAL 2003-2004 

Patricia Nickens Willoughby 

Superintendent of Public Instruction 

Early Yeai^ 

Born m C^Trecnvillc, Put County, April 13, 1951, to C. Graham and Inez Sasser 
Nickens. 

EducationalBacfzground 

Graduate, Tabor City High School, 1969; North Carolina Wesleyan College, 1969- 
71; A.B., Early Childhood Education, UNC-CH, 1973; M. Ed., Reading, Meredith 
College, 1990. 

Pix)fessiotialBcicIigtr)und 

Educator; State Superintendent, Department of Public Instruction 

Political Activities 

N.C. Superintendent ol~ Public Instruction, September, 2004-Present. 

Business/PiX)fessionaU Charitable/Civic or Community Service Organizations 

Phi Delta Kappa; Motheread; International Reading Association. 

Elective or AppoijitedBoaixls and Commissions 

State Board of Education, 2001-2004.. 

Personal Information 

Married, Colon Willoughby Two children. Member, White Memorial Presbyterian 
Church, Raleigh. 



Superintendents of Public Instruction 

Siipetintendent of Common Schools 



Name 

Calvin H. Wiley' 
Samuel S. Ashley' 
Alexander Mclver' 
James C. Reid"* 
Kemp P Battle' 
Stephen D. Pool'^ 
John Pool' 
John C. Scarborough 
Sidney M. Finger 
John C. Scarborough 
Charles H. Mebane 



Residence 
Guilford 
New Hanover 
Guilford 

Wake 

Craven 

Pascjuotank 

Johnston 

Catawba 

Hertford 

Catawba 



Term 

1852- 

1868- 

1871- 

1873 

1873 

1875- 

1876- 

1877- 

1885- 

1893- 

1897- 



1865 
1871 
1875 



1876 
1877 
1885 
1893 
1897 
1901 



212 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Superintendents of Public Instruction 



Name 


Residence 


Term 


Thomas F. Toon^ 


Robeson 


1901-1902 


James Y. Joyner" 


Guilford 


1902-1919 


Eugene C. Brooks ^'■■ 


Durham 


1919-1923 


Arch T. Allen" 


Alexander 


1923-1934 


Clyde A. Erwin'' 


Rutherford 


1934-1952 


Charles E CarrolE^ 


Duplin 


1952-1969 


Andrew Craig Phillips'"^ 


Guilford 


1969-1989 


Bob R. Ethendge'^ 


Harnett 


1989-1996 


Michael Edward Ward^^^ 


Wake 


1996-2004 


Patricia N, Willoughby^^ 


Wake 


2004-Prese] 



^ Wiley served until the office was abolished in 1865. 

^ Ashley was elected in the general elections of April, 1868, and resigned effective 
October 1, 1871. 

^ Governor Caldwell appointed Mclver on September 21, 1871, to replace Ashley 
He took office October 1, 1871. 

'^ Governor Caldwell apparently appointed Reid in late 1872 or early 1873, but no 
record exists that he ever qualified or took the oath of office. 

^ Governor Caldwell appointed Battle on Januaiy 14, 1873 to replace Reid. Battle 
took the oath of office on January 15. Alexander Mclver, who was still ser\ing 
under a previous appointment, challenged Battle's right to hold office. The North 
Carolina Supreme Court heard the case at its January, 1873, term. The court 
decided in favor of Mclver. Justice Reade, who wrote and delivered the majority 
opinion, stated that since Mclver had been duly appointed and qualified, and 
that since the ofhcer-elect could not qualify, Mclver was entitled to remain in 
office until the next election in August, 1874. 

^ Pool resigned effective June 30, 1876. 

'' Governor Brodgen appointed John Pool on June 30, 1876, to replace Stephen D. 
Pool. He took office July 1. 

^ Toon was elected m the general elections of 1900 and served until his death on 
Eebruary 19, 1902. 

^ Governor Aycock appointed Joyner on February 24, 1902, to replace Toon. He 
was elected m a special election in 1902 to complete Toon's unexpired term. He 
was re-elected to a full term m 1904 and served following subsequent re-elections 
until his resignation effective January 1, 1919. 



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NORTH CAROLINA MANUAL 2003-2004 

'^' Governor Bickett appointed Brooks on December 21, 1918, to replace Joyner. 
He took office January 1, 1919, and was elected in the general elections of 1920. 
Brooks sen'cd 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 ser\'ed following subsequent re- 
elections until his death on October 20, 1934. 

'' Governor Ehnnghaus appointed Envin on October 23, 1934, to replace Allen. 
He was elected in the general elections of 1936 and ser\'ed following subsequent 
re-elections until his death on July 19, 1952. 

^' Governor Scott appointed Carroll on August 20, 1952, to replace Erwm. He was 
elected m the general elections of 1952 and served following subsec[uent re- 
elections until 1969, when he retired from ofhce. 

'"* Phillips was elected in 1968 and ser\'ed following subsequent re-elections until 
his retirement in 1989. 

^' Etheridge was elected in November, 1988. He was re-elected m 1992 and declined 
to run for re-election m 1996. 

'" Ward was elected m November, 1996. He was re-elected in 2000 and resigned 
from office in 2004. 

^^ Willoughby was appointed m September, 2004, to senT the remainder of Michael 
Wards term in ofhce. 



214 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Office of the Attorney General 

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

The 197 1 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)] North Carolina's 
attorney general is elected every four years by vote of the people. The 1971 
constitution elevated the attorney general to full, voting membership in the Council 
of State. Until then, the attorney general had ser\^ed only as legal advisor to the 
council. 

The historical roots of North Carolina's 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 crown 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 crown with other legal agents. It was not until the seventeenth centur)' that 
the office assumed its modern form and the attorney general became, at least in 
practice, the crown's preeminent legal counsel. 

Although the early attorneys and other legal representatives of the crown occupied 
much the same position as comparable legal representatives ol individuals, their 
professional development soon diverged from that of private counsel because oi 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 in the kingdom personally, the attorney general and his predecessors 
evolved as a legal-administrative mechanism to protect ihc crown's interests. 
Consequently, the king's counsel enjoyed superior status to that oi attorneys for 



215 



NORTH CAROLINA MANUAL 2003-2004 

individuals. Unlike an attorney representing a private party, the attorney general or 
kings attorney was not an officer ot the courts and, therefore, was not subject to the 
usual disciplinaiy authority the courts held over individual attorneys. As a representative 
of the crowTi, the attorney general was subject only to the control ot the crovvai. 

The office o^ Attorney General was transported intact trom England to the 
American colonies. Here, attorneys general of the colonies seiwed as representatives 
of the attornc)' general of England. Not surprisingly, these colonial attorneys general 
possessed the conimon law powers of the attorney general m 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 trom among the lawyers practicing m North Carolina. 
North Carolina's attorney general exercised the same power and authority that 
attorneys general and solicitors general possessed m England. By the time the 
American Revokition brought independence to the former colonies, the ofhce ot 
attorney general was hrmly established m the American states. 

After the Revolution, the newly- formed states continued to appoint or elect 
attorneys general with virtually the same powers and duties as their English and 
colonial predecessors. The most striking change to the ofhce was that the people, 
not a hereditary monarch, held sovereignty over the laws and courts. The ofhce ol 
Attorney General has, m one form or another, continued into the modern era m 
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-afhrmed the common law powers ot the Ofhce of the Attorney 
General. 

The attorney generals administrative powers and duties are specitied m the 
General Statutes of North Carolina. The attorney general is responsible toi 
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 oi 
either house of the General Assembly, the Ofhce of the Attorney General represents 
the state before any other court or tribunal m any case or matter — civil or criminal 
— m 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 dctends all suits related to matters concerning then 
departments. The Office of the Attorney General represents all state institutions 
whenever requested to do so by the ofhcial head of that institution. 

The attorney general consults with and advises judges, district attorneys 
magistrates and municipal and county attorne)'s 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 othcer. 



216 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Office of the Attorney General, in the pubUc interest, may intervene in 
proceedings before any courts, regulatory officers, agencies or bodies — either state 
or federal — on behalf of the consuming public of the state. The Office of the 
Attorney General has the authority to originate proceedings before these same courts, 
officers, agencies or bodies on behalf of the state, its agencies or its citizens in any 
and all matters of public interest. The Office of the Attorney General administers the 
operations of the North Carolina Department of Justice. 

The Department of Justice is divided into two main program areas — Legal 
Services and Law Enforcement The Legal Services Area is organized into the follouing 
divisions: 

Administrative Division 

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

The Mental Health/Medical Facihties Section represents various divisions of the 
N.C. Department of Health and Human Services, the University of North Carolina's 
hospitals and the Office of the State Controller. 

The Health and Public Assistance Section represents the Department of Health 
and Human Ser\aces' Divisions of Social Services and Medical Assistance, as well as 
all the departments health-related programs. 

The Tort Claims Section represents the state in tort and workers compensation 
claims. It also handles collection actions for the University of North Carolina and 
the North Carolina Community College System. 

The Services to State Agencies Section provides legal services to the Department 
of State Treasurer, the Division of Retirement Systems, the Office of State Personnel, 
the Administrative Office of the Courts, the Department of Agriculture, the General 
Statutes Commission, the Wildlife Resources Commission and numerous Ucensing 
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 o{ 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. 



217 



NORTH CAROLINA MANUAL 2003-2004 

The Property Conlrol Section represents the Department of Administration, the 
North Carohna Ports Authority, the Railway Commission, the N.C. Museum of 
Art, the N.C. Building Commission and other agencies. Its staff advises state agencies 
on real property, public building construction law and public procurement. 

The RcN'cnue Section represents the N.C. Department of Revenue. Us duties 
include instituting legal actions to collect taxes from individual and corporate 
taxpa)'ers. Section attorneys also defend ad valorem tax valuations of public sen-ice 
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 m 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 hisurance and the State 
Health Plan. Section attorneys litigate cases arising from enforcement of the states 
insurance laws. 

The Transportation Section acts as legal advisor to the Secretary of Transportation 
and the State Bcxird of Transportation and provides legal representation to the N.C. 
Department ot Transportation in such matters as condemnation litigation, bids for 
highway construction and contracts. 

The Western Office handles condemnation cases for the Department of 
Transportation, tort claims and workers' compensation cases, license revocation or 
suspension cases for the Division of Motor Vehicles, environmental enforcement 
cases for the Department of EiiMronment and Natural Resources, as well as certain 
administrative hearings for state agencies located in western North Carolina. 

Consumer Protection Dhision 

The Consumer Protection Division represents the interests of North Carolina 
consumers m maintaining a tree, fair and competitive marketplace and protecting 
the natural environment. The section protects the public against price hxmg, price 
gouging, restraint of trade and other anti-competitive practices. It also protects the 
public from fraud, deception and other unfair trade practices. The section assists 
thousands ot North Carolinians each year with consumer complaints. The Consumer 
Protection Division also represents consumers m utility matters betore the North 
Carolina Utilities Commission and the state courts. 



218 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Criminal Division 

This dmsion incorporates all sections of the department that deal with criminal 
matters. Its staff advises and represents state agencies such as the Department of 
Correction and the Department of Crime Control and Public Safety. The Criminal 
Division is broken down into several sections in order to provide specialized support. 

The Special Prosecutions Section prosecutes, or assists in the prosecution of, 
criminal cases upon request of district attorneys and upon the approval of the attorney 
general. It also serves as legal advisor to the State Bureau of Investigation. 

The Correction Section provides legal counsel to the Department of Corrections 
on matters invoking prison regulations, personnel and statutory interpretations. 

The Crime Control and Motor Vehicles Section provides legal counsel to the 
N.C. State Highway Highway Patrol and the Department of Crime Control and 
Public Safety. The section also furnishes legal assistance to the Division of Motor 
Vehicles. Among other things, it represents the division in appeals to superior court 
involving the suspension or revocation of drivers licenses, appeals of assessments 
for overweight vehicles and insurance case appeals potentially resulting in the loss 
of vehicle plates. 

The Federal Habeas Section represents North Carolina m appeals of criminal 
convictions to the federal courts. 

The Appellate Section supervises and prepares criminal briefs in all criminal 
appeals to state and federal appellate courts. 

Law Enforcement Liaison Section 

This small section of attorneys provides legal advice to the majority of local law 
enforcement agencies that do not have legal advisors. Section attorneys also represent 
the Sheriffs' and Criminal Justice commissions, other boards and commissions 
and respond to frequent ctizen inquiries about law enforcement practices and 
procedures. 

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 in its environmental duties, 
particularly with regard to outer continental shelf development for oil and gas and 
administration of the state's Environmental Policy Act. Representation includes all 
aspects of civil and administrative Utigation, legal advice and representation during 
commission meetings. The division prepares enforcement documents for issuance 



219 



NORTH CAROLINA MANUAL 2003-2004 

by DENR and provides legal services m contested cases, civil injunctive actions, 
penalty collection actions and judicial reviews. 

The En\'ironmental Division has three operating sections: the Water and Land 
Section, the Groundwater and Solid Waste Section and the Air and Natural Resources 
Section. Each section is a major participant in the development ot the states 
environmental programs, particularly m those areas where the state administers 
major federal programs such as water quality and air c|uality as permitted under the 
Clean Water Act and the Clean Air Act, underground storage tanks programs, EPA 
Superfund and RCRA m the hazardous and solid waste areas and safe drmkmg 
water regulation. 

Special Litigation Division 

The Special Litigation Division consists of the Special Litigation Unit, the 
Education Section and the Solicitor Generals Office. The Special Litigation Unit 
represents the state and its ofhcials and employees m complex or controversial civil 
litigation. The Education Section represents the State Board of Education, the 
Department of Public Instruction, the Slate 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 officials. The Solicitor Generals Ofhce supervises 
briefing and argument of all civil appellate cases. 

Victims and Citizen Services Section 

The Victims and Citizens Services Section provides direct assistance to victims, 
particularly victims of crime, domestic violence and elder abuse. The section works 
m collaboration with various state, local and nonproht agencies by providing 
guidance and information to citizens. The section leads the Department of Justice 
on policies 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 serves victims of crime through its participation in the criminal 
appellate brief process. When appropriate the section coordinates its policy 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 ol 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 will 
help increase victims' understanding of the criminal justice system and to work 
with law enforcement and other actors m the criminal justice system to do so. 



220 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Law Enforcement Area 

The Law Enforcement Area of the N.C. Department of Justice includes: 

State Bureau of Investigation: The State Bureau of Investigation provides 
effective administration of the state's criminal laws, works to prevent crime wherever 
possible and ensure the swift apprehension of criminals. The bureau assists local 
law enforcement in identifying criminals, provides expert scientific analysis of 
evidence and investigates and prepares e\idence to be used in court. The State Bureau 
of Investigation lends its assistance whenever requested by the attorney general, the 
governor, sheriffs, police chiefs, district attorneys or judges. 

The State Bureau of Investigation has three major areas of operation: Field 
Investigations, the Crime Laboratory and the Division of Criminal Information. 
The bureau operates one of the most advanced crime laboratories in the nation. The 
Division of Criminal Information maintains and operates a statewide database that 
helps law enforcement agencies across the state in the performance of their duties. 
Data stored in the SBI system includes motor vehicle registrations, drivers licenses, 
wanted and missing persons alerts, stolen property notifications, outstanding arrest 
warrants, stolen vehicle reports, hrearms registration, drug-trafficking intelhgence 
and parole and probation histories. The division pioneered the use of computers in 
state law enforcement and continues to pro\4de 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 Di\dsion and the Information Systems Section. The Division of 
Training and Standards' primary goal is to ensure and advance the competence and 
integrity of the criminal justice profession in North Carolina. 

The Justice Academy located in Salemburg, N.C, and a council to guide its 
development were created in 1973 by an act of the General Assembly The academy 
develops and conducts training courses primarily for local criminal justice agencies, 
as well as providing the resources and facilities for training personnel from various 
state criminal justice agencies. The N.C. Department of Correction, for example, 
has provided basic officer training at the Salemburg campus since 1974. 

In 1974, the Board of Trustees of the Southwood College and the Sampson 
County Board of Commissioners donated the 95-acre Southwood campus to the 
state for use as a site for the new academy Salemburg has hosted an educational 
facility on the campus since 1875, starting with the establishment of Salem Academy 
followed by Pinelands School for Girls, Edwards Military Academy, and Southwood 
College, a private two-year, post-secondary institution. 

With the establishment of the N.C. Criminal Justice Education and Training 
and Standards Commission m 1979, the academy's oversight council was eliminated 

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NORTH CAROLINA MANUAL 2003-2004 

and Its role m supporl of commission-mandated curriculum grew rapidly. The 
academy now develops and maintains mandated certification curriculums in basic 
law enforcement training, basic jailer training, criminal justice instructor training, 
radar enforcement and many advanced instructor areas. 

Academy staff train thousands of criminal justice personnel both at the Salemburg 
campus and throughout the state. Numerous state and local 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 states criminal justice 
system b\' pro\'iding programs and working with other agencies to upgrade the 
systems practices and personnel. 

Sheriffs' Standards Division: Established b)- 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 sheriffs 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 benehts to more than 65 retired sheriffs' 
since the fund's creation in 1985. 

The Criminal Justice Standards Division: Established by act of the General 
Assembly m 1971, the Criminal Justice Standards Division administers the programs 
of the North Carolina Criminal Justice Education and Training Standards 
Commission. The commission was formed m 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 entorcmg minimum employment, training and retention standards 
for law enforcement ofhcers, correction ofhcers, youth correction ofhcers, local 
detention oilicers, radar operators and criminal justice instructors and schools. 

The division administers seven criminal justice ofhcer certification programs 
encompassing some 27,000 certified officers as well as eight other specialty 
certification programs, including the Radar Operator Certification Program. Programs 
of the Company and Railroad Police Act, which the General Assembly completely 
revised in 1992, are also administered by the Criminal Justice Standards Division. 

Boards and Commissions 

General Statutes Commission 

N.C. Alarm Systems Licensing Boai'd 

N.C. Criminal Justice Education and Training Standards 

N.C. Sheiiffe' Education and Training Standai'ds Commission 



222 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Private Protective Services Board 

For more information about the Office of the Attorney General and the N.C. 
Department of Justice, call (919) 716-6400 or visit the departments Web site at 

www, jus, state, nc. us . 

Roy Asberry Cooper, III 

Attorney General 

Early Years 

Born in Nashville, Nash County, June 13, 1957, to 
Roy A., Jr., and Beverly Batchelor Cooper. 

EducationalBackground 

Northern Nash Sr. High School, 1973-75; Bachelor 
of Arts (Morehead Scholar), UNC-Chapel Hill, 
1979; J.D., UNC-Chapel Hill, 1982. 

ProfessionalBackground 

Attomev General, 2001 -Present. 

Political Activities 

Member, N.C. Senate, 1991-2000 (Majority Leader, 1997-2000); Member, N.C. 
House of Representatives, 1987-91. 

Business/Professionaly Charitable/Civic or Community Service Organizations 

Sunday School Teacher, White Memorial Presbyterian Church; Co-Chair, Barium 
Springs Home for Children Capital Drive; Elementary School Tutor. 

Elective andJ^pointedBoards and Commissions 

Law Enforcement Training and Standards; Juvenile Justice Board. 

Honors andAwards 

N.C. Narcotics Law Enforcement Ofhcers; 1998 Victims Assistance Network Award; 
UNC Alumni Association. 

Personalln/brmation 

Married, Kristin B. Cooper. Three children. Member, White Memorial Presbyterian 
Church, Raleigh 




223 



NORTH CAROLINA MANUAL 2003-2004 

Attorneys General of North Carolina 

Colonial 

Name Term 

George Duranl' 1677-1681 

William Wilkisoiv 1694 

John Porter, jw' 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 

Wilham Little'-* 1724 

Thomas Boyd" 1724-1725 

W^illiam Little 1725-1731 

John Connor"' 1731 

John Montgomery'' 1731-1741 

John Hodgson" 1734 

Joseph Anderson''' 1741-1742 

John Montgomery 1742-1743 

Joseph Anderson-'^' 1743-1747 

Thomas Child-' 1747-1752 

George Nicholas" 1752-1756 

Charles Elliot-' 1756 

Robert Jones, Jr.-"* 1756-1759 

Thomas Child-' 1759-1761 

Robert Jones, Jr.-*' 1761-1766 

Marmaduke Jones-' 1766-1767 

Thomas McGuire-^" 1767-1776 

State 

Name Residence Term 

Waightstill Avery-' Burke 1777-1779 

James IredelP^^ Chowan 1779-1782 

Alfred Moore" Brunswick 1782-1791 

John Haywood, Jr. ^' Hahfax 1792-1795 



224 



THE COUNCIL OF STATE A 


ND THE EXECUTIVE B 


RANCH CHAPTER FOUR 


State (continued) 






Name 


Residence 


Term 


Blake Baker" 


Edgecombe 


1795-1803 


Henry Seawell^'* 


Wake 


1803-1808 


Oliver Fitts^^ 


Warren 


1808-1810 


William Miller^^ 


Warren 


1810 


Hutching G. Burton^" 


Warren 


1810-1816 


William P. Drew^'^ 


Halifax 


1816-1824 


James E Taylor^'' 


Wake 


1825-1828 


Robert H. Jones"^^' 


Warren 


1828 


Romulus M. Saunders"*^ 


Caswell 


1828-1834 


John R. J. Daniel 


Halifax 


1835-1841 


Hugh McQueen"^-^ 


Chatham 


1841-1842 


Spier Whitaker 


Halifax 


1842-1846 


Edward Stanley"^-^ 


Beaufort 


1846-1848 


Bartholomew E Moore"*"* 


Halifax 


1848-1851 


William Eaton, Jr."*' 


Warren 


1851-1852 


Matthew W Ransom"*^ 


Northampton 


1853-1855 


Joseph B. Batchelor"*^ 


Warren 


1855-1856 


William H. Bailey^^ 


Mecklenburg 


1857 


William A. Jenkins"*^ 


Warren 


1857-1862 


Sion H. Rogers^^^ 


Wake 


1863-1868 


William M. Coleman^^ 




1868-1869 


Lewis P. 01ds52 


Wake 


1869-1870 


William M. Shipp" 


Lincoln 


1870-1873 


Tazewell L. Hargrove 


Granville 


1873-1877 


Thomas S. Kenan 


Wilson 


1877-1885 


Theodore E Davidson 


Buncombe 


1885-1893 


Erank 1. Osborne 


Mecklenburg 


1893-1897 


Zebulon Y Walser^"* 


Davidson 


1897-1900 


Robert D. Douglas^^ 


Guilford 


1900-1901 


Robert D. Gilmer 


Haywood 


1901-1909 


Thomas W Bicket^^ 


Eranklin 


1909-1917 


James S. Manning 


Wake 


1917-1925 


Dennis G. Brummitt^'^ 


Granville 


1925-1935 


Aaron A. E SeawelP*^ 


Lee 


1935-1938 


Harry McMullan'^^ 


Beaufort 


1938-1955 



225 



NORTH CAROLINA MANUAL 2003-2004 



State (continued) 

Name 

William B. Rodman, Jr.'^'^ 
George B. Patton''' 
Malcolm B. Seawell"' 
Wade Bruton^^ 
Robert Morgan'^^ 
James H. Carson, Jr.''^ 
Rufus L. Edmisten"' 
Lacy H. Thornburg"' 
Michael ¥. Easley^''^ 
Roy A. Cooper 



Rcsulcncc 


Term 


Beaufort 


1955-1956 


Macon 


1956-1958 


Robeson 


1958-1960 


Montgomery 


1960-1969 


Harnett 


1969-1974 


Mecklenburg 


1974-1975 


Wake 


1975-1985 


Jackson 


1985-1993 


Brunswick 


1993-2000 


Nash 


2001 -Present 



Colonial 

^ Durant was probably appointed by Jenkins, possibly as early as 1673 or 1674. 
(He was sen-mg by 1676.) When conflict between Eastchurch and Jenkins broke 
out, Durant went to England to plead Jenkins case, not very successfully since 
Eastchurch was commissioned. Durant did not return to the colony until 
December, 1677, but apparently once again sen-ed as attorney general. He was 
still serving m November, 1679, and probably continued serving until 1681 or 
later, 

■^ Little IS known of Wilkinsons service as attorney general except that he was 
suspended from office m 1694 by Governor Harvey for unspecified 
"Misdemeanors." 

"• Porter was appointed by Harvey to replace Wilkmsoi-i and qualified betore the 
court. He probably served until Walker took office m 1695. 

"^ Abmgton served as attorney general for two indictments during the February 
1696, court. 

' Plater was appointed by Governor Har\'ey and qualified before the court. He was 
still serving in October, 1703. 

*" When Gale was appointed is not known. The first record of his ser\ice is at the 
General Court for July 1704, and he was still serving m October, 1705. 

' Snoden began ser\'ing during the fall term of the General Court tor 1705 and was 
still seiwmg m 1708. 

^ Gale was again acting as attorney general by October, 1708. There arc no court 
records available for 1709 and 1710 and the records for the First Court m 1711 
indicate that Bonwicke was attorney general. 



226 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

- Bonwicke was serving by March, 1711, and records from the Receiver General's 
office indicate that he was still serving in June, 1714. By that October, however, 
he was no longer in office. 

'^' Richardson was apparently appointed by Governor Eden sometime during the 
summer of 1714. He quahfied before the General Court on October 26, 1714 
and ser\'ed until 1724 when he was replaced by Little. 

^^ Worleys name appears in Hawks' list of attorneys general with the date, August 
2, 1716, following it. Since there are no records which indicate that he served, it 
is assumed that this is an appointment date. Hawks, History of North Carolina, 
11, 140. 

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

^^ Montgomery is reported to have been appointed attorney general m 1723. No 
e\idence, 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 qualifted before 

the council. He ser\'ed until Little took over in 1725. 
^^ Connor was appointed by Governor Burrington and qualified before the council. 

He served only until Montgomery arrived. 

^^ Montgomery was appointed by the crown and qualified before the council. He 

was suspended by Burrington on September 29, 1734, but was either restored to 

office by Johnston or never left, since he was considered the attorney general in 

November. He continued serving until 1741 when he was appointed acting chief 

justice. 
1^ Hodgson was appointed by Burrington following the suspension of Montgomery 

and apparently quahfied before the council. He served only until Governor 

Johnston took ofhce in November, 1734. 
1'^ Anderson was appointed acting attorney general by Governor Johnston when 

Montgomery became chief justice. He served until Montgomery returned to service 

in 1742. 
^° Anderson was appointed permanent attorney general by Governor Johnston when 

Montgomery was commissioned chief justice. He qualified before the council 

and continued serving until Child took office in 1747. 
2^ Child was appointed by the crown and qualified on May 16, 1747. He served 

until he returned to England m 1752. 



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NORTH CAROLINA MANUAL 2003-2004 

^- Nicholas was appareniK- appointed to serve when Child left North Carolina to 
go to England. He was reported ill m 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. fie only sen-ed a few months before he died. 

'"* Jones was appointed by Governor Dobbs to replace Elliott and presumably 
qualified before him. fie sen'ed until Child took over m 1761. Commission to 
Robert Jones, Jr., October 4, 1756, Commissions, 1754-1767. 

-^ Child was commissioned by the crown and apparently qualihed before Governor 
Dobbs. fie sen-ed until he resigned m 1761. 

'•^^ Jones was appointed by the crown and apparently cjualified before Governor 
Dobbs. fie served until his death on October 2, 1766. 

- ' Jones was appointed by Governor Tryon to replace Jones and served until McQuire 
took office m 1767. 

-"^ The crown commissioned McGuire to replace Jones and he quaUfied before the 
council, fie presumably ser\'ed until the Revolution. 

State 

-'' Avery resigned on May 8, 1779. 

^'' Iredell was appointed by the governor with the ad\'ice and consent ot the council 
to replace Thomas McQuire, who had declined to seiwe. fie was later elected by 
the General Assembly 

^'' Moore s resignation was presented to the council on April 9, f791, but no one 
was immediately appointed to till the vacancy 

^- Ha)avood was elected to replace Moore and resigned following his election as 
judge of the Superior Court of Law- and Equity on Januar)- 28, 1795, 

^''^ Baker was elected to replace Hapvood and resigned on November 25, 1803. 

'■^ Seawell was elected to replace Baker and resigned on November 30, 1808. 

''' Fitts w'as elected to replace Seawell and resigned on July 6, 1810. 

^•^ Miller was appointed by the governor with the advice and consent of the council 
to replace Fitts. 

^' Burton resigned November 21, 1816. 

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

^"^ Taylor w^as elected to replace Drew and died m late June, or early July, 1828. 

"*^' Jones was appointed by governor with the ad\-ice and consent of the council to 
replace Taylor. 



228 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

"^^ Saunders was elected to replace Taylor. On December 16, 1834 a resolution was 
passed in the House of Commons declaring that the office of Attorney General 
was vacant because Saunders held a commission from the federal government, 
which was in violation of Chapter 6 of the Laws of 1790. (The law prohibited 
dual office holding by a public official except in special cases.) Saunders wrote to 
Alexander Williams, 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 by the House of Commons on November 
25, 1842. 

■^^ Stanley resigned on May 8, 1848. 

■^"^ Moore was appointed by the governor with the advice and consent of the council 
to replace Stanley. He was later elected by the General Assembly to a regular term 
and resigned in 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 hll the unexpired term of Batchelor. 
Commission dated January 5, 1857, Commission Book, 1841-1877. 

'^^ Jenkins was elected to replace Ransom. The office, however, was declared vacant 
on December 8, 1862 because Jenkins had accepted a commission in the 
Confederate Army. 

^^ Rogers was elected to replace Jenkins and served until the Constitution of 1868 
went into effect. Commission dated January 6, 1866, Commission Book, 1841- 

1877. 

5^ Coleman was elected m the general elections in 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 F Phillips. 
" Shipp was elected in the general elections in 1870 to complete Coleman's 

unexpired term, but was defeated for re-election in 1872. 

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NORTH CAROLINA MANUAL 2003-2004 

^"* Walser was elected in ihe general elections in 1896. He resigned effective November 
24, 1900, following his defeat tor re-election by Gilmer. 

" Douglas was appointed by Governor Russell on No\'ember 24, 1900 to complete 
Walser s term. 

^^' Bickett was elected in the general elections in 1908 and ser\Td following re- 
election in 1912 until 1916, when he was elected governor of North Carolina. 

^" Brummiit was elected in the general elections in 1924 and served following 
subsecjuent re-elections until his death on Februaiy 5, 1935. 

'^^ Seawell was appointed by Governor Ehringhaus on Januaiy 16, 1935, to replace 
Brummitt. He was elected m 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 lull term in 1940 and sen'ed 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 ser\'ed 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 m the general elections m 1956 and seiwed 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 m 1958 to complete Pattons unexpired 
term and served until his resignation effective February 29, 1960. 

*"■ Bruton was appointed by Governor Hodges on Februaiy 27, 1960 (to take office 
March I) to replace Seawell. He vv'as elected m the general elections in 1960. 

""* Morgan resigned August 26, 1974, to run for United States Senator. 

"' Carson was appointed by Governor Holshouser on August 26 to replace Morgan. 

^" Edmisten defeated Carson in a 1974 special election to complete Morgans term. 
He was elected to a full term m 1976 and seiwed following subsequent re-elections 
until 1985. 

"' Thomburg was elected m the general elections in 1984. 

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



230 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Agriculture and Consumer Services 

The Civil War devastated North Carolina's economy. Agriculture, the mainstay 
of the states slightly more than one million people, was severely stricken. Crop 
quality 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 state's 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 estabUshment of an agriculture department was laid in 1868 
when North Carolinians approved a new state constitution. The constitution 
pro\'ided: "There shall be estabUshed in the Office of the Secretary of State a Bureau 
of Statistics, Agriculture, and Immigration under such regulations as the General 
Assembly may provide." The new agency did not provide for the real needs of 
agriculture, however, and failed to win the favor of farmers who still wanted an 
independent department. 

Farmers' pleas did not fall on deaf ears. In 1875 at a constitutional 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 Agriculture's (NCDA) activities. One of the boards first 
tasks was to select a commissioner to act as the department's administrative head. 

Colonel Leonidas LaFayette Polk of Anson County, a Civil War hero who had 
also been instrumental m the department's establishment, was named the first 
Commissioner of Agriculture. For a $2,000 a year salary, Polk was charged to carry 
out the following: 

Find a means of improving sheep husbandry and curb high mortality 
rates caused by dogs. 

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

Seek to check insect ravages. 

Foster new crops suited to various soils of the state. 



231 



NORTH CAROLINA MANUAL 2003-2004 

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 offish. 

Send a report to the Greneral Assembly each session. 

Seek cooperation of other states on such matters as obstruction offish in 
interstate waters. 

Make rules regulating the sale of feeds and fertilizers. 

In addUion, 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 hrst official home was the second story of the Bnggs Building on 
Fayetteville Street m downtown Raleigh. Other department employees were located 
at the Agricultural Experiment Station m Chapel Hill and m other Raleigh offtce 
buildings. 

The Board of Agriculture decided to bring all the duisions of the department 
together m 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.As home until 1923, when the Edenton and Halifax 
streets parts of the building were demolished and the present neo-classic building 
erected. A Iive-stor)' annex was added to the mam building m 1954 to provide new 
c[uarters for the Natural Histor)' Museum and space for laboratories and ofiices. 

Through the decades, the NCDA has expanded its services and responsibilities 
to meet agricultures needs. The department now has 1,300 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-officio 
chair. The departments name was modified m 1997 to include "and Consumer 
Services" m order to better refiect the modern role of the agency 

Agriculture is North Carolmas No. 1 industry, generating more than $60 billion 
annually. One out of ever)' five jobs in North Carolina is agriculturally-related. 

North Carolina is the third most agriculturally diverse state in the nation and 
ranks first in the production of sweet potatoes, tobacco and turkeys. It ranks second 
nationwide m hogs, cucumbers for pickles, trout, poultiy and egg products; fourth 

232 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

in commercial broilers, peanuts, blueberries, and rye; sixth in burley 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 Services and the services they 
offer: 

Agricultural Statistics Division 

Even though the N.C. Department of Agriculture and Consumer Services' 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 in were, for the most part, incomplete. 

By 1887, it was apparent to Commissioner John Robinson that a statistical 
service was needed. In that year's Biennial Report he wrote: "The means of acquiring 
statistical information are very inadequate. Such information is one of the necessities 
of the times. There are frequent calls upon this office for such statistics, the applicants 
thinking that we had the information for distribution, and they were warranted in 
expecting to find correct information in regard to agricultural products in this office." 

In 1916, Frank Parker, a representative of the Federal Crop Reporting Service, 
began statistical work in cooperation with the NCDA & 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 in soils from its earliest years. Much of the soil work was 
conducted by the Ofhce of the State Chemist. This office worked with the U.S. 
Bureau of 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 in the department. The division was set up to accept soil samples horn 
growers and homeowners statewide for analysis and lo furnish ihem with 
information on fertiUzer needs. Seventy thousand tests were made on approximately 
6,500 soil samples the first year. 



233 



NORTH CAROLINA MANUAL 2003-2004 

The division now analyzes more than 300,000 samples a year for nutrients and 
nematodes. Soil management recommendations are made to improve crop 
production elticiency while also protecting the environment. Regional agronomists 
help growers solve held problems and carry out recommendations m the most 
effective way. The General Assembly appropriated $7.5 million m 1992 to build a 
new agronomic laboratory' in Raleigh for soil and waste testing. The 33,000 square- 
toot lacility opened in May, 1994. 

Food and Diiig Protection Division 

Under the lirst elected commissioner, Samuel L. Patterson, the department took 
on more regulatory duties. One ot these was administration of the Pure Food Law, 
which the General Assembly passed m 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 harmtul preservatives. With the enforcement of the Pure Food Law, however, 
the percentage of adulteration dropped to 17 percent in tour years. 

Cattle and stock feeds were also inspected and found to be of a low grade. A 
few even contained poisonous substances. The departments hrst statewide analysis 
showed a large amount of worthless material used in stock feeds as filler. 

In the 1940s pesticides began to appear m large numbers and m 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 m 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 actu'e ingredient and total 
inert matter were indicated and that other label statements were acceptable. In 1953, 
the department began licensing contractors and pilots for aerial application of 
pesticides. 

The Pesticide Law, passed in 1971, gave the NCDA & CS authority to license 
pesticide applicators, dealers and consultants. It also allowed the Food and Drug 
Protection Dix'ision to collect samples and conduct inspections at all levels of 
pesticide production, sales and use. The 1971 law also provided tor a seven-member 
Pesticide Board which acts as a polic\'-making body. 

The Food and Drug Protection Di\ision assures consumers that foods, feeds, 
drugs, cosmetics, pesticides and automotive antifreezes are safe, wholesome and 
labeled properly During 2003-04, the division collected and tested 15,000 samples 
of commodities and products subject to the N.C. Food and Drug Law- 



ISA 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 eligible recipients. Food is allocated 
to schools, needy families, soup kitchens, food banks, the elderly and charitable 
institutions. 

In May, 1992, the division moved its administrative offices from the Agriculture 
Building in Raleigh to Butner. The new offices are larger and vvdll 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 Divisions early work involved compifing lists of farm product 
dealers and finding markets for North Carolina sweet potatoes, butter and apples. 
A market news service was launched for cotton and cottonseed. Several years later 
the division began helping local farmers organize into cooperative marketing 
organizations. A popular project initiated in the early 1900s was publication of the 
Farmers Market Bulletin, later called Market News. The publication had articles on 
marketing conditions of certain crops as well as agricultural items for sale. 

The Marketing Division continues to promote the sale of North Carolina 
products domestically and abroad. Staff work to develop and expand 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 
provides marketing advice and assistance, and arranges buyer-seller contacts, such 
as the "Flavors of Carolina" food product shows. The "Goodness Grows in North 
Carolina" marketing program, which identifies Tar Heel products to consumers, 
has met with wide success and support. 

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



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NORTH CAROLINA MANUAL 2003-2004 

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 hiiing an entomologist to vv^ork 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 certihed as pest-free. Another task of the 
entomoloi^ist's ofhce was the establishment of an insect collection. The collection 

o 

documented specimens of every type of insect found in the state and sen-ed as a 
useful tool m identifying pests for the public. i 

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

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

Staff examine fertilizer and seed for accurate labeling and product quality Tall 
fescue IS tested for tall fescue endophyte infection. The division administers plant 
pest laws, regulations that mandate programs to deal with pests such as the gypsy 
moth, sweet potato weevil and witchweed. The NCDA & CS inspects all plants : 
shipped within the state and performs some inspections for interstate shipment 
under a cooperative arrangement with the federal government. It also administers 
the Plant Conservation Program, inspects plant nurseries and honey bees and 
oversees permitting ot held releases ot 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 states cotton crop 
prior to program implementation m the early 1980s. Cotton acreage had plummeted 
to 45,000 acres statewide m 1978. The eradication program centered on trapping 
the pest m cotton helds. North Carolina was declared weevil-free m March, 1987. 
Har\'ested acreage reached a high of 965,000 acres m 2001 as cotton prices and 
demand increased. 

Public Affairs Di\ision 

The need for communication between the NCDA & CS and the public it sen'cd 
was evident from the departments beginning. In 1877, Commissioner Polk started 
a weekly farm paper called The Farmer and Mechanic. This paper eventually became 
independent and was replaced by The Bulletin of the N.C. Department of Agriculture. 

236 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 estabUshed to coordinate a news service for 
the NCDA & CS and the N.C. State Agricultural & Engineering College (N.C. State 
University). This arrangement ended in 1925 when the Agricultural Extension 
Service, which had been a joint program of the department and college, was moved 
entirely to the college. The division then began publishing the Agricultural Review, 
a semi-monthly paper. The Review is now published once a month and has more 
than 50,000 subscribers. 

Public Affairs has become the public relations liaison between the pubHc, the 
media and the department. The division manages public relations for the N.C. State 
Fair and coordinates enshrinement ceremonies for the N.C. Agricultural Hall of 
Fame. Division personnel also write speeches and news releases. 

Research Stations 

Created m 1877 by the same act that created the NCDA & CS, the Experiment 
Station m Chapel Hill was the first such center devoted agricultural research in the 
South and only the second in the entire nation. It was directed to conduct experiments 
on plant nutrition and growth, ascertain which fertilizers were best suited to specific 
crops and conduct needed investigations on other agricultural topics. 

The initial movement to establish field testing stations began m 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 m 
Raleigh, and the job of clearing land, lapng 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 pro\ided $15,000 to each state for agricultural 
research, had specified that the money be directed to the land grant college. In 
establishing the A&M College, the General Assembly had provided that the college 
would receive all land-grant benefits. 

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

Today 15 stations are conducting research on farming practices, livestock, poultry 
and crops. The stations are in White ville, 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 



237 



NORTH CAROLINA MANUAL 2003-2004 

The NCDA & CS owns nine stations and provides administrative support. NCSU 
ovvns 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 tor research, teaching and demonstration purposes. The 
Center tor Environmental Farming Systems at Cherry Farm m GoldsfDoro was 
dedicated m FelDruary, 1994. Organic, no-till optimized yields and sustainable 
agriculture methods are studied at the 2,300-acre farm. 

Standards Division 

The hrst laws relating to petroleum products were passed in 1903, at which | 
time heating oil - — kerosene — was being used primarily tor 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. 



1 



By 1917, the department was also given responsibility to enforce the gasoline 
law. This law applied to gasoline and other lic[uids used for heating or power } 
purposes. When the program began, many companies were tr\'mg to sell low grades j 
of gasoline for the same price as higher grades. The Standards Division today has 
one ot the country's best gasoline and oil inspection programs. Motor fuels are j 
tested tor compliance with quality specihcations and gasoline pumps are tested for 
octane levels and accuracy. Liquid petroleum gas and anhydrous ammonia 
installations are checked tor compliance with safety codes. 

The Standards Division is responsible tor 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. 

Noith Carolina State Fair 

The State Agricultural Society sponsored the hrst State Fair, which was held in 
November, 1853, about 10 blocks east of the Capitol. In 1873, the lair 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 fairs most famous guests during the era were Theodore 
Rc^osevelt 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 mo\'ed to its present site 
on the west side of Raleigh. In 1930, the State Fair was placed under the NCDA &j 
CSs administration. For a few years the department leased out the operationi 
commercially, but in 1937, Commissioner Kerr Scott decided that the NCDA & CS' 
should manage the tair directly. Dr. J. S. Dorton was chosen as manager and the tairi 
tirst began to show prohts. • 

238 ! 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The State Fair has become North Carohnas 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 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 Division 

Public concern for the unethical practices of some extermmators 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, abolishmg the commission and creating a Structural 
Pest Control Division in the NCDA & CS. The division, which oversees applicator 
Hcensmg and compliance, was given the responsibility of administering the law 
under the Commissioner of Agriculture. A Structural Pest Control Committee was 
established to make necessary rules and regulations and to hold hearings related to 
law violations. 

Veterinary Division 

Even though the original act establishing the NCDA & CS called for animal 
health protection, it was 1898 before a state veterinarian was appointed. Chosen 
for the position was Dr. Cooper Curtice of Columbia Veterinary College. Dr. Curtice 
launched an investigation of the cattle tick and was able to show that the parasite 
was a carrier of Texas fever. Not only was this the first step toward eradication of the 
fever; it was also the first time anyone had proven that parasites are capable of 
transmitting disease in mammals. Curtice's work set the pattern for similar 
investigations into human diseases. 

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

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

In 1925, the department was charged with supervising slaughicnng and meat- 
packing establishments in North Carolina. This service was not compulsor)' at that 

239 



NORTH CAROLINA MANUAL 2003-2004 

time, bul il did enable any establishment that chose to use it to sell anywhere 
within the state without further inspection by a city or town. 

The Veterinaiy 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 ottered for sale. Nine animal disease diagnostic laboratories have been set 
up across the state to serve tarmers, practicing veterinarians, animal health personnel 
and pel owners. Meat and poultry facility inspections have become compulsory. 
The division has been instrumental m combating various livestock diseases, 
including pseudorabies m swme, equine mtectious anemia m horses and 
tuberculosis in cattle. 

Other Dhisions 

Other divisions of the NCDA & CS coordinate the departments administration, 
fiscal management and personnel tunctions. The Administration Division includes 
offices of the Commissioner of Agriculture, deputy and assistant commissioners 
and a small farms and agriculture policy advisor. 

Fiscal Management is responsible for the NCDA & CSs business affairs, 
including preparation and management of operating and capital improvement 
budgets, accounting, purchasing, auditing, property management and collections 
of assessment reviews for commodity associations. It also manages the N.C. Rural 
Rehabilitation Corp., which was transferred to the NCDA & CS m 1971. The Human 
Resources Management Di\'ision is responsible for providing support to the NCDA 
& CSs divisions m the areas of personnel administration including recruitment, 
interviewing and placement, personnel records management, policy development 
and more. Agriculture-Related Boards and Commissions 

Aquaculture Advisory Board 

Board of Crop Seed Improvement 

N.C. Public Livestock Market Advisory Boaid 

Pesticide Advisory Committee 

N.C. Grape Growers Council 

Northeastern N.C. Farmers Market Advisory Boaid 

Southeastern N.C. Farmers Market Commission 

Southeastern N.C. Fanners Market Advisory Board 

Grading Service Advisory Committee 

Tobacco Research Commission 



240 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

For further information about the N.C. Department of Agricuhure, call (919) 
733-7125 or visit the departments Web site at www.ncagr.com . 




W. Britt Cobb 

Commissioner of Agriculture 

Early Years 

Born in Elm City, Wilson County, November 15, 1949, to 
WB., Sr., and Mary Edwards Cobb. 

EducationalBackground 

B.S. m Business Administration, UNC-Chapel Hill, 1971. 

ProfessionalBackground 

Commissioner of Agriculture., 2003-Present. 

Business/Professional, Charitable/Civic and 
Community Service Organizations 

Board Member, N.C. Agribusiness Council; Board Member, N.C. Rural Center; 
Rotary Club. 

Elective andAppointedBoards and Commissions 

Executive Committee, Southern U.S. Trade Association. 

Personallnformation 

Married, Ann Gillen Cobb. Member, Eirst Baptist Church, Raleigh. 

Commissioners of Agriculture' 

Name 

Leonidas L. Polk^ 
Montford McGhee^ 
John Robinson"^ 
Samuel L. Patterson'^ 
James M. Newborne'' 
John R. Smith^ 
Samuel L. Patterson^ 
WiUiam A. Graham"^ 
William A. Graham, Jr.^° 
William Kerr Scott'' 



Residence 


Term 


Anson 


1877-1880 


Caswell 


1880-1887 


Anson 


1887-1895 


Caldwell 


1895-1897 


Lenoir 


1897 


Wayne 


1897-1899 


Caldwell 


1899-1908 


Lincoln 


1908-1923 


Lincoln 


1923-1937 


Alamance 


1937-1948 



941 



NORTH CAROLINA MANUAL 2003-2004 

David S. Coltrane'^ Wake 1948-1949 

Lynton Y. Ballentine'' Wake 1949-1964 

James A. Graham'^ Rowan 1964-2000 

Meg Scott Phipps Alamance 2001-2003 

W Britt Cobb'' Wake 2003-Present 



1 



10 



The Department of Agncukure 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 ot Agriculture, who would sen'e 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 seived until 
his apparent resignation m 1880. 

McGhee was apparently chosen by the Board of Agriculture to replace Polk and 
ser\'ed until 1887. 

Robinson was elected by the Board of Agriculture on April 22, 1887, and ser\'ed 
following subsequent re-elections b\' the board until 1895. 

Patterson was elected by the Board of Agriculture on June 13, 1895. 

Mewbome was elected by the Board on March 23, 1897, (to take office June 15, 
1897") and sen'ed until his resignation effective Januaiy 1, 1898. 

Smith was elected by the board on December 14, 1897 ,Uo take ofhce Januaiy 1, 
1899) to complete the term of Mewborne. 

Patterson was elected bv the General Assemblv on March 6, 1899. He was elected 
in the general elections m 1900 and ser\'ed following re-election m 1904 until 
his death on September 14, 1908. 

Graham was appointed by Governor Glenn on September 16, 1908, to replace 
Patterson. He was elected m the general elections m 1908 and sen'ed tollowing 
subsec[uent re-elections until his death on December 24, 1923. 

WilUam A. Graham, Jr. was appointed by Governor Morrison on December 26, 
1923, to replace his father. He was elected m the general elections m 1924. 

Scott was elected m the general elections m 1936 and served following subsequent 
re-elections until his resignation m Februar); 1948. 



242 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^' Coltrane was appointed by Governor Cherry on February 14, 1948, to replace 
Scott. He was elected in the general elections in 1948 to complete Scott's unexpired 
term. 

^^ Ballentine was elected in the general elections in 1948 and served following 
subsequent re-elections until his death on July 19, 1964. 

^"^ Graham was appointed by Governor Sanford on July 30, 1964 to replace 
Ballentme. He was elected in general elections in 1964 and retired in 2000. 

'5 Cobb was appomted by Gov. Michael Easley to replace Phipps in 2003. 



243 



NORTH CAROLINA MANUAL 2003-2004 

Department of Labor 

The Constitution of North Carohna provides lor the election by the people 
e\'er\' lour years ol a Comniissioner ot Labor whose term ol oHice runs concurrently 
with that ot the governor. The comniissioner is the administrative head of the 
Department ol Labor and also ser\'es as a member ol the Council ol Stale. 

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 tor appointment by the governor of a "Commissioner of Labor Statistics" 
for a two-year term. In 1899 another act was passed pro\'iding that the commissioner, 
beginning with the general election ot 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 ot North Carolina citizens. 

Today, the North Carolina Department of Labor is charged by statute with j 
promoting the "health, satety and general well-being" of the states more than tour 

million working people. The many laws and programs under its jurisdiction attcct ; 

virtually everyone m the state in one way or another. The General Statutes provide | 

the commissioner with broad regulatory and cntorcement powers with which to j 
carry out the departments duties and responsibilities to the people. 

The departments principal regulatory, enforcement and promotional programs 
are carried out by 11 bureaus, each headed by a bureau chiel. These include the 
Apprenticeship and Training Bureau; the Boiler Safety Bureau; the Elevator and 
Amusement Device Bureau ;the Mine and Quarry Bureau; the Employment 
Discrmiination Bureau; the Wage and Hour Bureau; and the Occupational Safety 
and Health Division (OSH), which contains hve different bureaus.. Support ser\aces 
are handled by the Budget and Management, Human Resources and Communications 
divisions, Research and Policy along with the Intormalion Technology and 
Publications bureaus, the departmental library and the legal attairs otiice. 

Live statutory boards assist the commissioner with policy development and 
program planning. These are the Apprenticeship Council; the N.C. Board ot Boiler I 
ai"id Pressure Vessel Rules; the Mine Safety and Health Adx'isory Council; the State | 



244 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Advisory Council on Occupational Safety and Health; and the Agricultural Safety 
and Health Council. 

The Occupational Safety and Health Review Board is a separate unit independent 
of the Department of Labor. The board hears appeals of citations and penalties 
imposed by the OSH Division. Its members are appointed by the governor. The 
Department of Labor's major bureaus and their regulatory functions include: 

Apprenticeship and Training Bureau 

The Apprenticeship and Training Bureau promotes and monitors a broad range 
of apprenticeship programs designed to train journeyman-level craft workers to meet 
the demands of industries for high-skilled workers. 

In 2003, over 13,000 citizens were served 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 by 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 individual employer or at a local community college or 
technical institute. 

The bureau administers the National Apprenticeship Act of 1937. This federal 
law established uniform standards for quaUty training under approved apprenticeship 
agreements. The bureau establishes standards, approves apprenticeship programs 
that meet established criteria, ser\'es 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 
X'essel 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 
equipment is found to be m compliance with the act. More than 93,000 boilers and 
pressure vessels are currently on record with the division. 



245 



NORTH CAROLINA MANUAL 2003-2004 

Elexators and AmiLsement Devices 

The Elevator and Amusement Deviees Bureau is responsible for the proper 
installation and sale operation ol all elevators, escalators, workman's hoists, 
dumbwaiters, moving walks, aerial passenger tramways, amusement rides, incline 
railways and lilting devices for people with disabilities that operate m public 
establishments, except federal buildings and private residences. 

More than 28,000 inspections are conducted annually by this bureau, which 
hrst undertook its periodic safety code inspection program m 1938, It now operates 
under a law passed by the General Assembly m 1986. Any company or persons 
wanting to erect any equipment under this bureaus 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 m writing to the bureaus Raleigh ofhce at least ten (10) 
days prior to the intended date ol operation. 

Once notitied 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 m selecting and installing safe lilting devices for persons with 
disabilities can obtain inlormation trom the bureau. The bureau also oflers architects 
and builders a service that reviews plans for code compliance on proposed 
installations ot elevators and related equipment. 

Employment Mediation 

The Employment Mediation Bureau directs the departments etlorts to resolve 
conflicts between employees and management in the workplace. Created by the 
General Assembly in 1941, the bureau seeks to broker voluntary, amicable and | 
swift settlements of disputes between employers and employees, disputes that 
otherwise would likely result 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 m 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 ettort has no binding legal effect upon the 
parties. 



246 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Arbitration: In 1927, North Carolina was one of the first states to enact a 
Uniform Arbitration Act. The act estabHshes a formal procedure for voluntary, binding 
arbitration of questions in controversy betvv^een two or more parties. In 1945, the 
General xA.ssembly established an arbitration service administered by the 
Commissioner of Labor, who appoints and maintains a voluntan,' arbitration panel. 

The panel is composed of highly quaUfied and experienced individuals who 
have agreed 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 Ser\4ces Act and the Job Listing Services Act. 

I 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, overtime and youth employment 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 in accordance with employer 
1 poUcies or practices. The states minimum wage rate is $5.15 per hour and increases 
with changes in the federal minimum wage. Overtime is based on hours actually 
worked in a workweek and is generally paid for hours in excess of 40. Some 
exemptions and alternate methods of calculation are allowed. Written notification 
of promised wage amounts, including changes, is required. Youth employment 
certificates are required for all youth under the age of 18; restrictions on hours ol 
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, 
certification and notihcation requirements of agencies that hold themselves as 
providing information or services leading to employment ol an applicant. 



247 



NORTH CAROLINA MANUAL 2003-2004 

Employment Discrimination 

This bureau enforces the Retaliator)' Emplo}Tnent Discrimination Act. This law 
protects employees who in good faith hie or initiate an inquiry m relation to workers 
compensation claims, or exercise their rights under the stales Occupational Safety 
and Health Act, the Mine Safety and Health Act, the Wage and Hour Act, service m 
the National Guard, genetic testing, possessing the sickle cell trait or hemoglobin C 
trait or participation in 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- 
suc letter is issued to the complainant, who may then pursue the claim through 
htigation. II the complaint is found to be valid by the bureau, the department attempts 
conciliation through informal means prior to issuing a right-to-sue letter or taking 
the complaint to court. In addition to its other duties, the bureau investigates worker 
complaints and collects back wages due employees. 

Mines and Quanies 

The Mine and Quariy 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 ol 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, rec[uiring mine and quarry operators to meet ! 
specific standards designed to achieve safe and healthful working conditions for i 
the mdustrys employees. \ 

The Mine and Quariy Bureau assists operators m complying v\'ith the provisions j 
of the federal act, which requires them to train their employees m safe working i 
procedures. Some 440 private sector mines, quarries, and sand and gravel pit 
operations employing more than 4,650 citizens are under the divisions jurisdiction. 
There also are approximatel)' 300 public sector mines m North Carolina operated 
by the N.C. Department of Transportation. These mines are not under Department j 
of Labor jurisdiction, but personnel from public sector mines do participate in 
training programs conducted by the Mine and Quarr)' 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 m the state and to all agencies of state 
and local government. 

North Carolina currently conducts one of 26 state-administered OSHx-X programs 
m the nation. The Occupational Safety and Health Division, through its Safety 
Compliance and Health Compliance bureaus, conducts more than 5,000 inspections 

248 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

a year. The division conducts investigations of complaints made by workers, 
investigations of work-related accidents and deaths, general schedule inspections 
of randomly-selected firms and follow-up inspections of hrms 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 Di\ision in writing, by phone or on-line at the N.C. Labor web site. 

In addition to enforcing state OSIiA. safety and health standards, the North 
Carolina program offers free consultative services to the states 220,000 private 
businesses and public employers under its jurisdiction through its Consultative 
Services 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 services, employers may bring 
their establishments into full compliance with OSHA standards. Employers may 
contact the bureaus to receive free aid, including technical assistance or on-site 
visits. Another feature of the OSH Division 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 safety standards may be stricter than 
the federal standards, but they can not be less strict. Serious violations of OSHA 
standards can result in monetary fines. When issuing citations for non-conformance 
with state standards, the division provides employers with dates by which the 
\dolations must be abated. 

The 1986 General Assembly enacted a law that requires housing pro\aded to 
migrant agricultural laborers to be registered with and inspected by the state. 

Labor-Related Boards and Commissions 
Apprenticeship Council 

Agricultural Safety and Health Council 

North Carolina Board of Boiler and Pressure Vessel Rules 

Mine Safety and Health 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: www^.dol. s tate. nc. us. 



249 



NORTH CAROLINA MANUAL 2003-2004 




Cherie Killian Berry 

Commissioner of Labor 

Early Yeai^ 

Born in Newton, Catawba County, on December 21, 
1946, to Ear! and Lena Carngan Killian. 

EducationalBacIzgivund 

Graduated, Maiden High School, Maiden, 1965; Lenoir 
Rhyne College, 1967; Gaston Community College, 
1969; Oakland Community College, 1977. 

Prx)fessiotialBackgrr)und 

Commissioner of Labor, 2001 -Present. 

Political Activities 

Commissioner of Labor, 2001-Present; Member, N.C. House of Representatives, 
1993-2001. 

Elective or Appointed Boarxis and Commissions 

Former Member, N.C. Economic Development Board; Former Co-Chair, Welfare 
Reform Study Commission; Former Member; Joint Legislative Study Commission 
on Job Training Programs. 

Honors andAwarxls 

1997 Friend of the Working People Award, N.C. State AFL-CIO; 1997 Chairman's 
Award, N.C. Employment Security Commission; 2003 Carolinas Associated General 
Contractors Pinnacle Award. 

Pei^sotialln/btrnation 

Married to Norman H. Berrv, Ir. 



Commissioners of Laboi^ 




Name 


Residence 


Wesley N. Jones- 


Wake 


John C. Scarborough' 


Hertford 


William 1. Harris-^ 




Benjamin R. Lacy^ 


Wake 


James Y. Hamrick" 


Cleveland 


Benjamin R. Lacy' 


Wake 


Henrv B. Varner'^ 


Davidson 


Mitchell L. Shipman 


Henderson 


Franklin D. Grist 


Caldwell 



Term 

1887- 

1889- 

1892- 

1893- 

1897- 

1899- 

1901- 

1909- 

1925- 



1889 
1892 
1893 
1897 
1899 
1901 
1909 
1925 
1933 



250 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Commissioners of Labor (continued) 

Name Residence Term 

Arthur L. Fletcher^ Ashe 1933-1938 

Forest H. Shuford^^ Guilford 1938-1954 

Frank Crane^i Union 1954-1973 

WiUiam C. CreeP^ Wake 1973-1975 

Thomas A. Nye, Jr.^^ Rowan 1975-1977 

John C. Brooks^^ Wake 1977-1993 

Harry E. Payne, Jr.^^ New Hanover 1993-2000 

Cherie K. Berry Catawba 2001 -Present 

^ The General Assembly of 1887 created the Bureau of Labor Statistics. In the act 
establishing this agency, provision was made for gubernatorial appointment of a 
commissioner to a two-year term. In 1899 the General Assembly passed another 
act that allowed the General Assembly to elect the next Commissioner of Labor 
during that session. The legislation also mandated that future commissioners be 
elected in the general elections - beginning 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 a 
two-year term. He was apparently re-appointed in 1891 and resigned in December, 
1892. 

•* Harris was appointed by Governor Holt on December 20, 1892, to replace 
Scarborough. 

5 Lacy was appointed by Governor Carr on March 2, 1893, for a two-year term. 

He was re-appointed on March 13, 1895. 
^ Hamrick was appointed by Governor Russell on March 8, 1897 for a two-year 

term. 
^ Lacy was elected by the General Assembly on March 6, 1899. 
^ Varner was elected in the general elections of 1900. 
5 Fletcher was elected m the general elections of 1932. He resigned effective 

September 12, 1938. 
1° Shuford was appointed by Governor Hoey on September 12, 1938, to replace 

Fletcher. He was elected m the general elections of 1938 and ser\'ed following 

subsequent re-elections until his death on May 19, 1954. 
11 Crane was appointed by Governor Umstead on June 3, 1954, to replace Shuford. 

He was elected in the general elections of 1954. 



251 



NORTH CAROLINA MANUAL 2003-2004 

'- Creel died August 25, 1975. 

' ' Governor Holshouser appointed Nye to fill Creels unexpired term. 



Brooks was elected m 1976 and served through 1992. 

Pa>Tie was elected in 1992 and began serving as commissioner on Januar)- 11, 



14 
1 5 

1993. He was re-elected m 1996 



252 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Insurance 

North Carolina's General Assembly established the N.C. Department of Insurance 
on March 6, 1899. The departments legal mandate 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 have been elected to four-year terms. 

The Department of Insurance regulates the various kinds of insurance sold in 
North Carolina, as well as the companies and agencies that sell these policies. The 
department: 

Regulates the formation and operation of insurance companies in North 
Carolina. 

Enforces the minimum financial standards required by law for licensing 
and continued operations of insurers. 

Regulates the premium rates insurers charge their customers, the 
language in the insurance poKcies they issue and their risk classification 
systems. 

Requires that insurers and agents make periodic financial disclosures. 

Conducts audits of insurers to monitor their solvency. 

Licenses and regulates agents, brokers and claim adjusters. 

Prescribes and defines what kinds of insurance may be sold in North 
Carolina. 

Provides information to insurance consumers about their rights and 
responsibilities under the terms of their policies. 

Prohibits unfair and deceptive trade practices by or among people in the 
insurance industry. 

The Department of Insurance also licenses and regulates bail bondsmen, motor 
clubs, premium finance companies and collection agencies. The department proxides 
staff support to the North Carolina State Building Code Council, the Manufactured 
Housing Board, the North Carolina Home Inspectors Licensure Board, the State Fire 
and Rescue Commission, the Public Officers' and Employees' Liability Insurance 
Commission, the Arson Awareness Council and the Code Officials Qualifications 
Board. 



253 



NORTH CAROLINA MANUAL 2003-2004 

The depart menl provides training lor ftre and rescue squad workers and 
certification of lire departments for purposes of fire insurance ratings. The Department 
of Insurance is divided into the follovv'ing entities: 

Administration Division 

This division provides research for the Commissioner of Insurance when setting 
poHcy 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 license applications and licensing examinations 
and maintains a tile on every licensed insurance professional doing business in 
North Carolina. 

The Consumer Services Di\ision assists North Carolina 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 trom within 
the department, consumers, law enforcement agencies, local, state and federal 
agencies and insurance companies. The Investigations Division is also responsible 
lor licensing and regulating insurance premium finance companies, professional 
bail bondsmen and runners, collection agencies and motor clubs and investigating 
all complaints involving these entities. 

Company Services Group 

The responsibilities ot the Financial Evaluation Division are to monitor the | 
solvency of all insurance companies under the supervision ot the Commissioner of 
Insurance; to review and recommend for admission out-of-state, domestic and 
surplus lines companies seeking to transact business in the state; to examine and 
audit domestic and foreign insurance organizations licensed in North Carolina; 
and to ensure the hnancial solvency and employee stability of self-msured workers 
compensation groups m the state. 

The Actuarial Services Division assists m the review of rate, form and statistical j 
filings. In addition, this division provides actuarial studies for financial evaluation I 
work and is involved in special projects and studies. ; 

The Information Systems Division manages the departments information 
technology resources, including data processing, word processing, ottice automation, 
data communications and voice communications. 



254 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Administrative Supemsion Division closely monitors the financial condition 
and operations of domestic insurance companies to determine whether a troubled 
entity can be prevented from going into formal 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 Di\dsion re\'iews rate, rule and policy form filings made by 
life and health insurance companies. The division also licenses third-party 
administrators (TPAs) and regulates companies selling \datical settlements. 

The Market Examinations Division conducts on-site examinations of the market 
practices of domestic and foreign insurers and their representatives. 

The Managed Care and Health Benefits Division monitors and regulates the 
activities of health maintenance organizations (HMOs), preferred provider 
organization (PPO) health plans and multiple employer welfare arrangements 
(MEWAs). The divisions emphasis is on how the activities of these arrangements 
affect North Carolina consumers. This regulation is carried out through on-site 
examination of company operations and re\iew of company information regarding 
managed care. 

The Seniors' Health Insurance Information Program has trained thousands of 
adults in every North Carolina county to counsel other older adults in the areas of 
Medicare regulations. Medicare supplement insurance, long-term care insurance and 
claims procedures. 

Office of General Counsel 

The Office of General Counsel ad\ases department personnel on legal matters 
and acts as liaison to the Office of Attorney General. 

Office of the State Fire Marshall (OSFM) 

The Office of the State Fire Marshall has six divisions carrying out the 
commissioners responsibiUty as State Fire Marshall. The Engineering Division has 
primary responsibiUty for administering the state building code. This division also 
serves as staff to the North Carolina Building Code Council, the North Carolina 
Code Officials QuaHfications Board and the Home Inspectors Licensure Board. The 
division is divided into seven sections: code consultation, electrical, mechanical, 
modular, inspector certification, accessibility and code council. The division provides 
code interpretations to city and county inspection officials, architects, engineers, 
contractors, material suppliers and manufacturers, other state agencies, attorneys 
and the general public, administers certification of code officials, reviews building 
plans and inspects electrical systems in new or renovated state-owned buildings. 

255 



NORTH CAROLINA MANUAL 2003-2004 

The Manutaclured Building Division works to ensure that construction standards 
for manulactured homes are maintained and that warranty obUgations under state 
law are met. This division monitors manulacturers' handling of consumer 
complaints; licenses the makers ol manulactured homes, dealers and set-up 
contractors; and acts as stalf lor the North Carolina Manulactured 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 ofhcers, public ofhcials and employees of 
any political subdi\'ision ol 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 lor lire departments 
and rescue sc[uads; provides staff to the Fire and Rescue Commission; and works 
to improve hre and rescue protection in the state in association with the North 
Carolina Firemen's Association and the North Carolina Association of Rescue Sc[uads. 

Insurance- Related Boards and Commissions 
N.C. Building Code Council 

N.C. Code OfiBcials Qualification Board 

N.C. Manufectured Housing Board 

N.C. Home Inspections Licensure Boai'd 

N.C. Fire and Rescue Commission 

N.C. Public Officers and Ejtnployees Liability^ Insurance Commission 

N.C. Arson Awareness Council 

For more inlormation about the Department of Insurances services, call 
Consumer Services at (91Q) 733-2032 or Toll-free (800) 546-5664. You can also 
visit the N.C. Department of Insurances Web site at www^. ncdoi.com/ncdoi . 



256 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 




James Eugene Long 

Commissioner of Insurance 

Early Years 

Born in Burlington, Alamance County, March 
19, 1940, to George Attmore and Helen Brooks 
Long. 

EducationalBackgroimd 

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. 

ProfessionalBackground 

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, NC Safe Kids; Member, NC Prevention Partners; Past President, National 
Association of Insurance Commissioners. 

Elective orAppointedBoards and Commissions 

N.C. Arson Avv^areness Council; NC Manufactured Housing Board; N.C. Council 
of State. 

Personallnfbrmation 

Married, Mary Margaret O'Connell. Two children. Seven grandchildren. 

Commissioners of Insurance 

Name 

James R. Young-^ 
Stacey W Wade^ 
Daniel C. Boney"^ 
William P Hodges^ 
Waldo C. Cheek^ 
Charles F. Gold' 
Edwin S. Lanier - 
John R. Ingram*^ 
James E. Long^*-^ 



257 



Residence 


Term 


Vance 


1899-1921 


Carteret 


1921-1927 


Surry 


1927-1942 


Martin 


1942-1949 


Moore 


1949-1953 


Rutherford 


1953-1962 


Orange 


1962-1973 


Randolph 


1973-1985 


Alamance 


1985-Present 



NORTH CAROLINA MANUAL 2003-2004 

' The General Assembly of 1899 created the Department of hisurance with 
provisions that the tirst commissioner would be elected by the current General 
Assembly with future commissioners appointed by the governor for a four-year 
term. (Public Laws, 1899, Chapter 54.) In 1907, the General Assembly passed a 
bill which provided lor the election of the commissioner m the general elections, 
beginning in 1908. (Public Laws, Chapter 868). 

' Young was elected b\' the General Assembly on March 6, 1899. He was appointed 
by Governor Ayccx'k m 1901 and served following re-appomtment m 1905 until 
1908 when he was elected m the general elections. 

^ Wade was elected m the general elections of 1920 and sewed following re-election 
m 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 m the general elections of 1944 and served following re- 
election in 1948 until his resignation m June, 1949. 

"" Cheek was appointed by Governor Scott on June 14, 1949, to replace Hodges. 
He was elected m the general elections of 1950 to complete Hodges' unexpired 
term. He was elected to a full term m 1952 and served until his resignation 
effective October 15, 1953. 

' Gold was appointed by Governor Llmstead on November 16, 1953, to replace 
Cheek. He was elected in the general elections of 1954 to complete Cheeks 
unexpired term. He v/as elected to a full term in 1956 and served following re- 
election m 1960 until his death on June 28, 1962. 

" Lanier was appointed by Governor Sanlord 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 lull term m 1964 and ser\'ed until he declined to run 
for re-election m 1972. 

'=' Ingram was elected m 1972 and seived until 1984. 

''' Long was elected m 1984 and was re-elected m 1988, 1992, 1996 and 2000. 



258 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Administration 

The N.C. Department of Administration is often referred to as the "business 
manager" of state government. Created in 1957, the department provides numerous 
services for state government agencies. As the states business manager, the department 
oversees such operations as buildmg construction, purchasing and contracting for 
goods and services, maintaining facihties, managing state vehicles, pohcing the 
State Government Complex, acquiring and disposing of real property and operating 
auxiliary services such as courier mail delivery and the sale of state and federal 
surplus property. The department offers other services, inckiding pubhc service 
telecasts provided by the Agency for Public Telecommunications. The department 
assists North Carolina's miUtary veterans through the Division of Veterans Affairs. 

In addition to its role as a service pro\ider 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 staff. 

The North Carolina Department of Administration was re-estabhshed 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 difhculty of providing good management under 
those conditions, state legislators re-created the Department of Administration. The 
act called for the department to "serve as a staff agency to the governor and to 
provide for such ancillary services as other departments of state government might 
need to ensure efficient and effective operations." 

The North Carolina Department of Administration's mission is to provide high- 
quaUty 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 ol stale 
government, working to ensure that taxpayers' dollars are used wisely and that 
good management is pervasive. The department's Human Resources Management 
Ofhce offers training to top-level managers in the skills they need to make their 
agencies operate efhciently 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 Secretary for Internal Services and Programs, the General Counsel, ihe 
Assistant Secretary and the Public Information Officer. The department includes ihc 
following divisions: 



259 



NORTH CAROLINA MANUAL 2003-2004 

Agency for Public Telecommunications 

The Agency lor Public Telecommunications operates public telecommunications 
lacilities 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 pubUc 
serx'ice telecasts, such as OPEN/net. Programs are transmitted via cable, satellite and 
other communications technologies. 

Division of Veterans Affairs 

The Division of Veterans Affairs assists North Carolina miUtary veterans, their 
dependents and the dependents of deceased veterans m obtaining and maintaining 
those rights and benehts to which they are entitled by law. 

Office of Fiscal Management 

The OtTice of Fiscal Management accounts for all fiscal actix'ity of the department 
in conlormity with the requirements of the Office of State Budget and Management, 
the Office of State Controller, the Department of State Auditor and federal funding 
agencies. The office files timely financial reports; invoices user agencies for central 
services; and recommends and administers fiscal policy within the department. 

Human Resources Management Office 

The fiuman Resources Management Office provides a range of ser\nces 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 benetits 
administration. 

Public Infonnation Office 

The Public Inlormation 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, publicit); speech writing and counseling the secretary's executive 
staff, division directors and employees on the best wa)' to communicate with the 
public. 

State and Local Goventment Affairs Di\ision 

The State and Local Gox'ernment 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 

260 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

national Environmental Protection Acts, and operates a project notification, re\iew 
and comment system to provide information to state and local agencies and the 
public about projects supported with public funds. 

Motor Fleet Management Division 

The Motor Fleet Management Division provides passenger vehicles to state 
agencies for employees in the performance of their duties. This division is a receipt- 
supported operation that purchases, maintains, assigns and manages the States 
centralized fleet of approximately 5,500 vehicles and enforces state policy and 
regulations concerning the use of the vehicles. 

Purchase and Contract Division 

The Division of Purchase and Contract serv^es as the central purchasing authority 
for state government and certain other entities. Contracts are established for the 
purchase, lease and lease-purchase of goods and ser\dces required by state agencies, 
institutions, public school districts, community colleges and the university system. 
Those goods and ser\aces currently total nearly $1.2 billion each fiscal year. 

Local governments, charitable non-proht hospitals, local non-profit community 
sheltered workshops, certain child placement agencies or residential child care 
faciUties, volunteer non-profit fire departments and rescue squads may also use the 
services 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-profit educational 
institutions and pubUc 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 comniunii\' 
college systems. It also provides the architectural and engineering ser\'ices necessary 
to carry out the capital improvement program for all stale institutions and agencies. 

State Property Office 

The State Property Office is responsible for state governments acquisition and 
disposition of all interest m real property whether by purchase, sale, exercise of 
power of eminent domain, lease or rental. The olTice maintains a computerized 
inventory of land and buildings owned or leased by the Stale and prepares and 
maintains floor plans for state buildings. 



261 



NORTH CAROLINA MANUAL 2003-2004 

Govenwr^s Advocacy 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 benehts; 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 in 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 senmg 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 ser\'ices, 
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 m social and economic development; promotes unity among 
all Native American Indians; and encourages the right of Native American Indians 
to pursue cultural and religious traditions they consider sacred and meaningful. 

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 m the areas of employment, housing, public accommodation, 
recreation, education, justice and governmental services. The commission also 
enforces the North Carolina Fair Housing Law. 



262 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Youth Advocacy and Involvement Office 

The Youth Advocacy and Involvement Office seeks to tap the productivity of 
the youth of North Carohna through participation in community services and 
leadership development. Experiential education opportunities are provided to young 
adults through an internship program. The office provides advocacy for individuals 
in need of child or youth services in the state and makes recommendations to the 
governor, the General Assembly and other policy-making groups. 

Facility Management Division 

The Facility Management Division provides preventive maintenance and repair 
services to the State Government Complex and some facilities used by government 
vv^orkers in outlying areas. Services include construction; renovation; housekeeping; 
landscaping; steam plant, HVAC and elevator maintenance; pest control; parking 
supervision and lock shop operations. 

Management Information Systems Division 

The Management Information Systems Division provides a central resource of 
management consulting services with emphasis on improving operations, reducing 
costs, and improving service delivery for all divisions in the Department. This 
ofhce develops integrated data processing plans, and provides implementation 
guidance, consultation and assistance to the department. 

State Capitol Police 

The State Capitol Police, a law enforcement agency, with police powers 
throughout Raleigh, provides security and property protection for state government 
facilities in the city The agency protects employees, secures state-ovmed property 
assists visitors to state facilities, investigates crimes committed on state property, 
and monitors burglar and fire alarms. 

Historically Underutilized Business (HUB) Office 

HUB serves as an advocate for businesses owned by minorities, women and 
persons with disabilities in their efforts to conduct business with the State of North 
Carolina. The Hub Office provides vendors access to on-line vendor registration, 
conducts on-lme HUB certification and provides technical assistance and training 
on how to conduct business with government purchasing and construction arms. 
Its core functions include increasing the amount of goods and services acquired by 
the state from HUBs; ensuring the absence of barriers that reduce the participation 
of HUBs; and encouraging state purchasing offices to identify prospective HUB 
vendors and service providers. 



263 



NORTH CAROLINA MANUAL 2003-2004 

Mail Service Center 

The MSC is a full-service, centralized mail operation for state government that 
includes 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 m 
all 100 counties. Located off Blue Ridge Road m Raleigh, the Mail Ser\'ice Center is 
the result of the consolidation of 26 mailrooms out of 39 in state government m 
Raleigh as of July f999. 

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 m the various 
state government departments. 

Division of Non-Public Education (DNPE) 

This division serves as a liaison between state government, conventional private 
elementaiy and secondaiy 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 ot certain school 
records, that all such schools meet statutory requirements. DNPE maintains current 
statistical data on each pnx'ate elementary and secondary school in the state. That 
data IS published annually as the N.C. Duvciovy of Non-Puhlk Schools. 

Administration-Related Boards and Commissions 

Board ofTrustees of the N.C. Public Einployee DefeiTed Compensation Plan 

Commission on Prevention and Tieatment oof Substance Abuse and 
Addiction 

Domestic Violence Commission 

North Carolina Energy Policy^ Council 

North Carolina Housing Partnership 

Historically UndeiTitilized Business Advisory Council 

Incentive Bonus Review Committee 

Governor's Advocacy Council for Persons with Disabilities 

Governor s Advocacy Council on Childien and Youth 

N.C. Council for Women 

N.C. Boai'd of Public Telecommunications 

264 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Republic ofMoldova and the State ofNorth Carolina Partnership 
Program 

N.C. Human Relations Commission 

N.C. State Commission on Indian Afifairs 

N.C. Internship Council 

Martin Luther King, Jr. Commission 

Persian GulfWar Memorial Commission 

N.C. State Building Commission 

Southeast Compact Commission for Low-Level Radioactive Wasre 
ManagEsment 

State Youth Advisory Council 

Veterans' Afl&irs Commission 

N.C. State Indian Housing Authority 

Underage DrinkingStudy 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 department's Web site at www.doa.state.nc.us/ 
DOA. 



265 



NORTH CAROLINA MANUAL 2003-2004 




GwynnT.Swinson 

Secretary of Administration 

Early Year^ 

Born m New York, N.Y., on March 10, 1953, to G.T. 
and Romaine Godlev Swinson. 

EdiicationalBacIigixjiind 

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. 

Prx)fessionalBacJigir)und 

Secretary of the N.C. Department of Administration, 

2001 -Present; Special Deputy Attorney General for Administration, N.C. Department 

of Justice. 

Political Activities 

Secretaiy of the N.C. Department of Administration, 2001-Present. 

Business/Ptx)fessionaly Charitable/Civic or Community Service Organizations 

The Healing Place; Board of Directors, YWCA. 

Elective or Appointed Boaiyis and Commissions 

Chair, N.C. Public Employees Deferred Compensation Plan; Chair, Agency for Public 
Telecommunications; Domestic Violence Commission. 

Honors and Awards 

2002 YWCA Academy of Women; 2003 Carolinian of the Week, News Channel 
14; 2003 Women in Business Award, Triangle Business Journal. 

Per^sonalln/onnation 

Two children. 



Secretaries of Administration 

Name 

Paul A. Johnston' 
David S. Coltrane- 
Hugh Cannon 
Edward L. Rankin, Jr.^ 
Wayne A. Corpening"* 
William L. Turner 
William L. Bondurant^ 
Bruce A. Lentz" 
Joseph W Grimsley 
Jane S. Patterson (acting)' 



Residence 

Orange 

Wake 

Wake 

Wake 

Forsyth 

Wake 

Forsyth 

Wake 

Wake 



Term 

1957- 

1960- 

1961- 

1965- 

1967- 

1969- 

1973- 

1974- 

1977- 

1979- 



1960 
1961 
1965 
1967 
1969 
1973 
1974 
1977 
1979 
1980 



266 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Secretaries of Administration (continued) 

Name Residence Term 

Joseph W GrimsleyS Wake 1980-1981 

Jane S. Patterson'^ Wake 1981-1985 

Grace J. Rohrer^o Orange 1985-1987 

James S. Lofton^^ Wake 1987-1993 

Katie G. Dorsett^- Guilford 1993-2000 

Gwynn T. Smson Wake 2001 -Present 

^ Johnston was appointed by Governor Hodges and serv^ed until his resignation 
effective August 31, 1960. 

^ Coltrane was appointed by Governor Hodges to replace Johnston. He was 
reappointed by Governor Sanford on January 6, 1961, and served until November, 
1961, when he was appointed chair of the Advisory Budget Commission. 

^ Rankin was appointed by Governor Moore to replace Coltrane and 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. 

^ Bondurant was appointed on January 5, 1973, by Governor Holshouser to replace 
Turner and resigned effective June 21, 1974. 

^ Lentz was appointed by Governor Holshouser to replace Bondurant. Copy of 
Commission to Lentz, July 1, 1974, Division of Publications, Department of the 
Secretary of State, Raleigh. 

'' Patterson sei^ved as acting departmental secretary when Grimsley took a leave of 
absence to serve as campaign manager for Governor Hunt. 

^ 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. 

' ' Lofton was appointed by Governor Martin. 

'- Dorsett was appointed by Governor Hunt. 



267 



NORTH CAROLINA MANUAL 2003-2004 

Department of Commerce 

when it was established as part of the State Government Reorganization Act of 
1971, the Department of Commerce (DOC) consisted almost entirely of regulatory 
agencies and the Employment Security Commission. 

While those responsibilities continue to be a very important part of DOCs role 
in state government, the department over the years has evolved into the states lead 
agency for economic, community and workforce development. The department 
promotes a wide variety of opportunities to improve the economy of the entire Tar 
Heel State, rural and urban areas alike. Promoting tourism, exporting, film 
production, community revitalization and mdustr)' 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 staff. Department functions include: 

The Assistant Secretary for Community Development directly administers the 
lollowmg programs: 

Division of Community Assistance 

The Division of 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. Mam 
Street Program, the Community Development Block Grant (CDBG) Program, local 
government semces and the 21st Century Communities initiative. 

The North Carolina Main Street Program helps cities maintain a thriving 
downtown through a four-part self-help process involving 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 tamilies. 

The Division of 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 development by working m partnership to develop 
strategic plans for economic growth. 



268 



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 
advises the Workforce Development Institute on system-wide training needs. 

Division of Employment and Training 

The Division of Employment and Training 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 
in the workforce. The programs provide high-support training and other services 
that result in 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 provide 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 provides 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 firms 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 hnancing" assistance for 
businesses that locate or expand operations in the Tar Heel Slate. The center 
administers the tax credits available to new and expanding industries under the 

269 



NORTH CAROLINA MANUAL 2003-2004 

William S. Lee Quality Jobs and Business Expansion Act. It also offers direct grant 
and loan funding to busniesses 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 
Progranr. The agency also administers the Industrial Revenue Bond program for 
the state. 

Dhision of Business and Industry Development 

The Division of Business and Industry Development leads North Carolina's 
business and industrial recruitment eltorts. Its staff works closely with other public 
and private development organizations to attract new industries to the state. This 
includes efforts aimed at recruiting foreign-owned hrms to North Carolina. The 
division operates international offices m Duesseldort, 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 m nine offices spread throughout the seven regions of the state: 
Asheville, Bryson City and Lenoir m the Western Region; Charlotte m the Carolmas 
Region; Greensboro in the Piedmont Triad Region; Raleigh m the Research Triangle 
Region; Fayetteville m the Southeastern Region; Greenville m the Global TransPark 
Region; and Edenton m the Northeastern Region. 

International Trade Division 

The International Trade Division assists primarily small and mid-sized North 
Carolina firms m marketing their goods and seiwices outside of the United States. 
It seeks to facilitate exporting by North Carolina companies, educate companies 
that are not currently engaged in the global marketplace to the opportunities available 
and stimulate demand for North Carolina products m international markets. Industry 
consultants located m Raleigh accomplish these activities with the assistance ot hve 
foreign trade ofhces located m Frankfurt, Hong Kong, Tokyo, Toronto, and Mexico 
City. The division also offers specialized services to the states furniture industry 
tiirough the North Carolina Furniture Export Office in High Point. 

Division of Infonuation Technology Sei'\ices (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 otfered by the division include: telecommunication 
ser\aces; mainframe and client-ser\'er computing; management ol local and wide- 
area networks; S)'stem design and implementation; application development and 
support; ofhce automation and personal computer support seiTices. ITS also develops 
policies and standards for state government technology for adoption by the 



270 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Information Resource Management Commission (IRMC)and provides staff support 
to the commission. 

Executive Director for Policy and Employment administers the following programs: 

Economic Policy 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 
information is provided to all divisions vvdthin 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 
prohles 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 Technology 
in 1963 to encourage, promote and support scientific, engineering and industrial 
research applications in North CaroHna. 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 held. 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-proht 
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 
li with local and regional economic development and lourism promotion 
'|: organizations. The common goal is to increase tourism in the state. This includes 
|i 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 lo promote 



271 



NORTH CAROLINA MANUAL 2003-2004 

Heritage Tourism in the state. The division also has staff in eight welcome centers 
on interstate highways m the state to assist travelers to North Carolina. 

North Carolina Film Office 

The ottice promotes North Carolina as a location for television, motion picture 
and advertising productions. The othce offers location scout ser\'ices to producers 
and supports the states tour regional film commissions m their eiforts to increase 
film production in the state. 

Division of Sports Development 

The Division of Sports Development promotes North Carolina as a leading site 
for sports ex'ents mvoKing amateur and professional organizations. The ofhce works 
with local government and corporate allies to serve as a clearinghouse for sporting 
activities in North Carolina and to assist sports organizations and promoters in 
making North Carolina a host site for leading amateur and professional sports 
events. 

Assistant Secretary for Administration administers the following programs: 

Executive Aircraft Opeiations 

The Executive Aircraft Operations maintains two airplanes and two helicopters 
that are used to transport industrial development clients and consultants, him 
producers, sporting event promoters and state personnel on official business. 

Fiscal Management Division 

The Fiscal Management Division is responsible for the accounting, budgeting 
and purchasing functions of the department. 

Human Resources 

The Human Resources Ofhce performs personnef functions for the department, 
including recruitment and employee relations, position classihcation and fringe 
beneht administration. 

Management Information Systems Division (MIS) 

The Management Information Systems Du'ision (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. 



272 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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. 

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 in the state through operation of a centralized warehouse, oversight of 
local government-operated retail sales outlets, and permitting of facilities authorized 
to sell alcohol in bulk or by the drink. 

Banking Commission 

The Banking Commission, is responsible for chartering and regulating North 

Carolina's state banks and trust companies, as well as registration and licensing of 

various financial institutions operating in the state, including check-cashers, 

consumer finance companies, mortgage bankers and mortgage brokers, money 

< transmitters and refund anticipation lenders. 

I Cemetery Commission 

The Cemetery Commission regulates and monitors the activities of all state- 
licensed cemeteries. 

Credit Union Commission 

The Credit Union Commission regulates and monitors the operations of all 
state-chartered credit unions. 

Employment Security Commission 

The Employment Security Commission administers the state's unemployment 
insurance program. It also offers job placement and referral services to all North 
Carolina citizens and maintains the 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 

273 



NORTH CAROLINA MANUAL 2003-2004 

Commission also has jurisdiction over tort claims against the state and claims by 
families of law enforcement officers, hre fighters and rescue squad workers. 

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 seiTice 
provided by all public utilities m the state. The staff is also charged with ensuring 
the consistency of public policy assuring an energy supply adequate to protect 
public health and safety 

Rural Electrification Authority 

The Rural Electrification 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 services offered by more than 
1,200 utility companies in North Carolina. Companies under the jurisdiction of 
the commission include electric companies, local and long-distance telephone 
companies, natural gas companies, household goods motor freight carriers, motor 
passenger carriers, companies providing private pay phone service, water and sewer 
companies consisting of approximately 1,500 systems and ferryboat operators. 

Economic Dexelopment Allies 

N.C. Partnerships for Economic Development: The seven partnerships work on 
a regional basis to serve North Carolina's 100 counties m promoting economic 
development marketing, strategies and opportunities. Partnership oiiices are located 
in Asheville, Charlotte, Greensboro, Raleigh, Elizabethtown, Kinston and Edenton. 

State Ports Authority: The Ports Authority staff operates and promotes the use 
of North Carolina's port facilities including deep-water ports at Morehead City and 
Wilmington; intermodal terminals m Charlotte and Greensboro; and the harbor at 
Southport. The State Ports Authority Board of Directors governs the authority The 
Secretary of Commerce serves as an ex-officio member of the board. 

Commerce- Related Boards and Commissions 
Cape Fear Navigation and Pilotage Commission 

Community Development Council 

Economic Development Board 

274 



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 Pilot^e Commission 

N.C. Mutual Burial Association Commission 

N.C. National Park, Parkway and Forest Development Council 

N.C. Seafood Industrial Park Authority 

N.C. Small Business Council 

N.C. Sports Development Commission 

N.C. State Ports Authority 

N.C. Travel and Tourism Board 

For more information about the Department of Commerce, call (919) 733- 
4151 or visit the departments Web site at www.nccommerce.com . 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 in Hendersonville, 
 Henderson County, to James T. and 
Thomasina Shepherd Fain, Jr. 

' EducationalBackground 

1961 Hendersonville High School; B.A. 
] m Political Science, UNC-Chapel Hill, 
1971; Master in Business Administration, 
UNC-Chapel Hill, 1975. 

ProfessionalBackground 

Secretary of Commerce, 2001-Present; 
Assistant Secretary for Economic 
Development, N.C. Department of 
Commerce, 1999-2001. 

Business/Professional, Charitable/Civw 
or Community Service Organizations 

Foundation Board, N.C. Museum of Art; Trustee, Rex Hospital, Raleigh; Member, 
Downtown Raleigh Alliance Board. 




275 



NORTH CAROLINA MANUAL 2003-2004 

Elective or Appointed Boatxis and Commissions 

Member, N.C. Pons Aulhority; Member, N.C. Biotech Center; Member, N.C. 
Economic Development Board. 

Honors aiidAwaixis 

A.E. Finley Award, Greater Raleigh Chamber of Commerce, 1999; Individual Award 
for Support of the Arts, Wake County Arts Council, 1996 

Peisonallnfonnation 

Married to Peggy Ann Rhodes Fain; Two children; Member, Christ Episcopal 
Church, Raleigh. 



Seaetaiies of Commeice' 






Name 


Residence 


Term 


George In'ing Aldridge- 


Wake 


1972-1973 


Tenney I. Deane, Jr.^ 


Wake 


1973-1974 


Winheld S. Harvey"* 


Wake 


1973-1976 


Donald R. Beason^ 


Wake 


1976-1977 


Duncan M. haircloth" 


Wake 


1977-1983 


C.C. Hope 


Mecklenburg 


1983-1985 


Howard Haworth' 


Guilford 


1985-1987 


Claude E. Pope" 


Wake 


1987-1989 


James T. BroyhilP 


Caldwell 


1989-1990 


Estell C, Lee'^' 


New Hanover 


1990-1993 


S. Davis Phillips'' 


Guilford 


1993-1997 


E. Norris Tolson'- 


Edgecombe 


1997-1998 


Rick Carlisle '^' 


Orange 


1998-2000 


James T. Earn III 


Wake 


2001 -Present 



' The Executive Organization Act of 1971 created the "Department of Commerce," 
with provisions for a "Secretary" appointed by the Governor. The Department of 
Commerce was reorganized and renamed by legislative action of the 1989 General 
Assembly. 

- Aldridge was appointed by Governor Scott. 

-'' Deane was appointed on Januaiy 5, 1973, by Governor Holshouser to replace 
Aldridge. He resigned m November, 1973. 

"* Han'ey was appointed on December 3, 1973, by Governor Holshouser to replace 
Deane. 

' Beason was appointed on July 1, 1976, by Governor Holshouser to replace 
Harvey. 

-' Eaircloth was appointed on January 10, 1977, to replace Beason. 



276 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

^ Haworth was appointed January 5, 1985, to replace Hope. 

^ Pope was appointed by Governor Martin to replace Haworth. 

'^ Broyhill was appointed by Governor Martin to replace Pope. 

i'^ Lee was appointed by Governor Martin April 1, 1990 to replace Broyhill. 

^^ Phillips was appointed by Governor Hunt January 11, 1993, to replace Lee. 

^^ Gov Hunt appointed Tolson on January 17, 1997, to replace Phillips. 

^' Gov. Hunt appointed Carlisle secretary onjanuar)' 17, 1998, to replace Tolson. 



277 



NORTH CAROLINA MANUAL 2003-2004 

Department of Correction 

The Department ot Correction is responsible for the care, custody and 
supervision ol all individuals sentenced alter conviction ot a felony or serious 
misdemeanor in North Carolina. Sentences range trom probationary terms sensed 
m the community to active prison sentences served m one of the states 75-plus 
prison tacilities. 

North Carolina's General Statutes direct the department to provide adequate 
custodial care, educational opportunities and medical and psychological treatment 
sen'ices to all incarcerated persons while at the same time providing community- 
based supen'ision and some needed social sen-ices to clients on probation, parole 
or post-release supervision. 

The Department of Correction was established m 1972 by authority of the 
Executive Reorganization Act ot 1971 as the Department of Social Rehabilitation 
and Control. The act provided for merging the Parole Commission and the Advisory 
Board ol Correction to form a new department made up of the Divisions ol Prisons; 
Adult Probation and Parole; and Youth Development. 

The secretary o( the department is appointed by the governor and ser\'es at his 
pleasure. The secretary is responsible for the super\'ision and administration of all 
department tunctions except that of the Parole Commission, which has sole authority 
to release eligible incarcerated ot tenders 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 live members and turther 
consolidation of responsibilities and tunctions occurred. In 1975, the Division of 
Youth Development was transferred administratively to the Department of Human 
Resources, leaving the Department of Correction its current administrative 
conhgu ration. 

The histoiy ot corrections m North Carolina reflects the continued development 
and retinement ot the prison, probation and parole segments ot the department. 

The Division of Prisons was organized in the late 1860s and early 1870s with 
the opening ot a large prison tarm in Wake County and the construction ot Central 
Prison m Raleigh. This was a result of the "Reconstruction Constitution" ot North 
Carolina which was accepted by the United States Congress in 1868. In 1899, 
Caledonia Prison Farm was purchased trom Halifax County. This arrangement 
continued until 1933 when the General Assembly transferred supen'ision ot the 
three state prisons and the \'arious county prisons to the State Highway and Public 
Works Commission. This merger ot 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. 



278 



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 
individuals participating in the work release program. 

The Prison Department remained a separate entity under the Prison Commission 
until the Department of Social Rehabilitation and Control was formed in 1972. 

Probation was first initiated m the United States in 1878 in Massachusetts. In 
1919, North Carolina enacted its first probation laws, but fimited 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 
supervise a statewide network of male and female offenders reporting to probation 
officers. In 1972, the commission was disbanded when the Division of Adult 
Probation and Parole was formed within the newly-created department. At first, 
probation officers retained a strictly probation supervision caseload; but by mid- 
1974 they were carrying parole caseloads as well. Currently, probation and parole 
officers 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 Advisory 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 estabUshed a Board of Paroles consisting of three members. At the same lime, 
a constitutional amendment was approved in the 1954 general election to give the 
board full authority to grant, revoke or terminate paroles. 

The 1974 General Assembly enlarged the board members to five full-time 
members and transferred administration and supervision ol parok^ officers lo the 



279 



NORTH CAROLINA MANUAL 2003-2004 

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 in 1999. The Division of 
Adult Probation and Parole was renamed the Division of Community Corrections 
m 1998. 

The General Statutes establishing the Department of Correction direct the secretary 
to provide for the general safety of North Carolina's citizens by operating and 
maintaining prisons; supervising probationers and parolees; and providing certain 
rehabilitative and educational programs to individuals supervised by the department. 
The department is divided into three major operational sections: the Division of 
Prisons, the Division of Community Corrections and the Division of Alcohol and 
Chemical Dependency The Secretary of Correction and his immediate administrative 
staff are responsible for the major planning, 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 department s capital program manager and manager ot physical 
plant operations. Engineering provides a full range of architectural, engineering and 
construction services to all DOC divisions. Construction sendees 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 tor the 
Department of Correction, as well as to local law enforcement throughout the state. 
This includes escapees from prison and absconders from supervision. 



280 



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 with human resource 
management. It also includes the development of staff positions, the posting of 
position vacancies and the actual hiring of new staff. 

Staff Development and Training 

This section administers and provides basic training and certification for all 
new staff, advanced training in particular skill areas, and in-service training where 
needed for 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 profits 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 Infonnation 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 rehabiUtative efforts. 

u Victims Services 

Established m December, 2001, the Office of Victim Ser\ices provides direct 
services in response to victim inquiries and develops programs, policies and 
procedures relating to the departments victims issues. 



281 



NORTH CAROLINA MANUAL 2003-2004 

Citizen Services 

Established in 1998, the Citizen Services call center operates the departments 
toll-lree telephone number and ser\'es as a clearinghouse tor mtormation about the 
department. The section is now a part of the PublicAffairs Ofhce. 

Inmate Grievance Commission 

The Inmate Grievance Commission advises the secretaiy concerning the varied 
and many complaints and grievances filed by inmates. The findings ot this 
commission may be afhrmed in whole or m part, and modihed or rejected by the 
secretary as necessary. 

Post-Release Supervision and Parole Commission 

The commission has the sole authority for determining which eligible oftenders 
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 supen'ision for eligible 
offenders who receive superMSion following completion of their active structured 
sentence. 

Division of Prisons 

The Division of Prisons is charged with the direct care and super\nsion of inmates. 
Currently, the division operates 76 prison facilities. 

This division receives felons and misdemeanants sentenced by the court to a 
period of active incarceration. Sentences range from a minimum of 90 days for 
certain misdemeanors to death or life imprisonment lor 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 otfenders 
will be entering the system and how long they will remain incarcerated. 

Classihcation withm 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 lacilities in three inmate 
custodv 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. 



282 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Programs include academic and vocational education, substance abuse treatment, 
psychological and other counselmg programs and varied work assignments. 

Minimum custody: These units provide a wide variety of programs for inmates 
ranging from on-site academic and vocational schools to off-site work or study 
release. Minimum custody inmates are misdemeanants and those selected felons 
who have either little time remaining on their sentence or who have been determined 
not to present a high security or escape risk. These units do not have manned gun 
towers. 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 in 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 
ireUgious meetings, Alcoholics Anonymous and drug treatment sessions. The Home 
Leave program allows specially screened and approved inmates to \isit their families 
i 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 115,000 offenders on probation, parole or post-release supervision. 
Most of these offenders have been sentenced to probation and are supervised by 
ofhcers who protect the public's safety by enforcing special conditions such as 
curfews and random drug tests. These officers also make appropriate referrals for 
community rehabihtation programs. 

With the advent of structured sentencing, a greater responsibility has been placed 
on this division because many offenders sentenced to prison under previous stale 
^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, intensiv^e 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 division supervises offenders who are 
eligible for post-release supervision after completion ol iheir active structured 
sentence. 

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NORTH CAROLINA MANUAL 2003-2004 

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 m the community; divert lower-risk offenders from prison; and offer 
rehabihtative opportunities to offenders. 

Corrections- Related Boards and Commissions 
Grievance Resolution Board 

Post-Release Supervision and Parole G^mmission 

Substance Abuse Advisory Council 

Advisory Committee on Religious Ministry in Piisons 

For more information on the Department of Correction, call (919) 716-3700 
or visit the departments Web site at www.doc.state.nc.us . 



Theodis Beck 

Secretary of Correction 

EducationalBackgwimd 

Graduated, South French Broad High School, 
1966; B.A. m Sociology, North Carolina Central 
Universitv, 1970; A.A.S. m Business 
Administration, Ashe vi lie -Buncombe 

Community College, 1978. 

ProfessionalBackgrx)und 

Secretary of Correction, 1999-Present. 

Organizations 

National Association of Blacks m Criminal 

Justice; Association of State Correctional 

Administrators; American Correctional 

Association; Past member, Asheville Optimist Club; Member, State Employees Credit 

Union Advisory Board; Member, Governors Crime Commission; Member, Drug 

Treatment Court Advisory Board; Member, State Advisory Council on Juvenile Justice 

and Delinquency Prevention. 

Military Service 

U.S. Army, 1970-72 (active) and 1975-97 (reserveV, National Defense Service Medal; 
Good Conduct Medal; Army Reserve Components Achievement Medal; Armed 
Forces Reserve Medal; Drill Sergeant of the Year, P' Battalion, 518''' Regiment, 1984. 




284 



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 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Personalln/brmation 

Married to Lmda Jean Chiles Beck. Two children. Member, Hill Street Baptist Church. 



Secretaries of Correction^ 

Name 

George W RandalP 
Ralph D. Edwards^ 
David L. Jones"* 
Amos E. Reed' 
James C. Woodard*" 
Aaron J. Johnson' 
V Lee Bounds'^ 
Franklin E. Ereeman, Jr.'' 
R. Mack Jarvis^*-^ 
Theodis Beck^^ 

^ The Executive Organization Act of 1971 created the "Department of Social 
Rehabilitation and Control" with provision for a "Secretary" appointed by the 
governor. In 1974, the name was changed to the Department of Correction. 

^ Randall was appointed by Governor Scott and ser\'ed 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 Januarys 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. 

'"Jarv'is was appointed on January 17, 1997, by Governor Hunt after Secretary 
Freeman was promoted to chief of staff for the governor. 

^' Beck was appointed on April 19, 1999, by Gov. Hunt. Deputy Secretary Joseph 
L. Hamilton served as acting secretary from Oct. 1, 1998, until Secretar)' Becks 
appointment. 



285 



NORTH CAROLINA MANUAL 2003-2004 

Department of Crime Control and Public Safety 

The K)77 General Assembly passed legislalion to resiruclure 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 transternng law 
enforcement and public safety agencies from the Department oi 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 pro\'ide 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 
effectR-e and efficient criminal justice system, hi 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 Secretar}-; nine divisions: Alcohol 
Law Enforcement, Butner Public Safety, Cix'il 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 live 
commissions: the Governors 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 Secretar)' support the divisions: Fiscal, 
Information Systems, Personnel and Benefits, Public Affairs and Organizational 
Effectiveness. 

Alcohol Law Enforcement Dhision 

As a result of legislation m 1977, the Enforcement Division ot 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 applicant investigations; execute ABC Commission orders; and conduct 
undercover investigations. Agents are sworn peace officers and have the authority ; 
to arrest and take other in\'estigator\' and enforcement actions lor any criminal offense. ' 



286 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Public education is also an important part of the job of an x^lcoholic Law 
Enforcement agent. Agents routmely conduct semmars regarding the irresponsible 
ser\ice 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 for ALE agents. This training includes physical conditioning 
and defensive tactics, instruction in constitutional and criminal laws, court 
procedures, search and seizure, criminal investigation, alcoholic beverage control 
laws, firearms and vehicle operations. 

This division is commanded by a director, headquarters staff, field supervisors 
and their assistants. For administrative purposes, the field organization is divided 
into twelve districts, each with a headquarters office readily accessible to the public. 

ALE also manages the North Carolina Center for Missing Persons. The center, 
formerly the North Carolina Center for Missing Children and Child Victimization, 
was estabUshed in 1984 as the state clearinghouse for information about missing 
persons. In 1999, the center was moved from the Emergency Management Di\dsion 
to the Alcohol Law Enforcement Division to provide the staff easier access to law 
enforcement resources. Trained staff members provide technical assistance and 
training to citizens, law enforcement ofhcials, school personnel and human services 
professionals. The centers staff gives assistance and support to both the famiUes of 
missing persons and to the law enforcement officials investigating missing person 
cases. Staff members also participate in emergency operations and searches for 
persons who are missing and endangered. 

Butner Public Safety Division 

The Butner Public Safety Division traces its roots back to the Camp Butner Fire 
Department set up in 1942 when Camp Butner was established as a U.S. Army 
Training Camp. In 1947, John Umstead, brother of Governor William B. Umstead, 
led a move in the General Assembly to build a new facility for the mentally ill. 
Camp Butner was purchased from the federal government for $1 as the site for this 
complex. 

The Camp Butner Fire Department became part of the John Umstead Hospital 
m the Department of Human Resources. The staff consisted of 18 men. As the 
Butner complex and the community grew, the staff was trained as fire fighters and 
pohcemen and it became known as the Public Safety Department. It was then 
transferred to the Department of Crime Control and Public Safety in 1981 and its 
name was changed to the Butner Public Safety Division. 

Butner Public Safety Officers provide pohce 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 resideniial, 
business and industrial community of Butner. In keeping w ilh the growth and 

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NORTH CAROLINA MANUAL 2003-2004 

development of the town of Butner, facilities for the Butner Public Safety Division 
were expanded. On January 29, 1985, the new 15,000 square-foot Butner Public 
Safety Division building was dedicated by Governor Martin. 

This division is commanded by a public safety director, chief of hre services 
and chief of police ser\'ices. The four platoons are commanded by captains, with 
master hre ofhcers and master police ofhcers as support stall. Including the 
investigative, support, communications and logistics sections, Butners total force 
is 49. 

The duties of these ofhcers are unique. One hour they may be called on to hght 
a raging hre and the next hour these same ofhcers may be called on to capture a 
bank robber. 

Civil Air Patrol Division 

The Civil Air Patrol (CAP) was established nationally on December 1, 1941, as 
an auxiliary of the United States Army Air Corps. It was a part ol the Civil Defense 
structure and shortly thereafter became involved m the war effort. In 1948, Congress 
made the Civil Air Patrol an ofhcial auxiliary of the United States Air Force. 

The North Carolina Wing of the Civil Patrol became a state agency m 1953 and 
was transferred to the Department of Military and Veterans Affairs in 1971. In 1977, 
It was transferred from the Department of Military and Veterans Affairs to the newly- I 
formed Department of Crime Control and Public Safety 

There are 39 squadrons m the North Carolina Wmg. 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 wmgs budget. The Civil Air 
Patrol fulhlls three primary functions: 

Emergency Services 

Fmergency Sen'ices is a function with which the Civil Air Patrol is most involved. 
It entails air search and rescue and local disaster relief and emergency preparedness 
plans, providing hxed, 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 tor teachers 
at colleges and universities throughout the United States. These programs prepare 
teachers to teach aerospace education courses m their schools or to use the 
information to enrich traditional classroom subjects. Scholarships are awarded to 
deserving cadets and senior members for study m engineering, the humanities, 
education, science and other helds related to aerospace. 



288 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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, giving 
them the opportunity to serve themselves and their communities, state, nation and 
all humanity to the fullest extent of their capabilities. 

j 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 
I major catastrophe. With the increased exposure of people and property to extremely 
I high-risk situations due to our technological advancement, the need for a central 
[I coordinating agency to preserve and protect the citizens of North Carolina from all 
[t types of disasters, natural and man-made, soon became apparent. 

The State Civil Defense Agency was transferred to the Department of Military 
I and Veterans Affairs in 1971 and transferred again m 1977 to the newly- formed 
^ Department of Crime Control and Public Safety where it was named the Division 

of Emergency Management. Under the direction of the Department of Crime Control 
, and Public Safety, Emergency Management coordinates response and relief activities 

in the event of a major emergency or disaster using a four-phase approach to 
'; emergency situations: preparedness, response, recovery, and mitigation. 

• This divisions major emergency response functions are carried out by the State 
j Emergency Response Team (SERT). The SERT is composed of top-level management 
representatives from each state agency involved in response activities. During an 
emergency, the Secretary of Crime Control and Public Safety is the 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 in 1968 in the Department of Natural and Economic Resources. 

jThe Law and Order Committee was transferred to the newly-formed Deparinicni ol 

Crime Control and Public Safety in 1977. The Governors Crime Commission serves 



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NORTH CAROLINA MANUAL 2003-2004 

by statute as the chief advisory board to the governor and the Secretar)' of Crime 
Control and Pubhc Safety on crime and justice issues and poHcies. 

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 stall in the Governors Crime Commission Division and has been 
a unique forum for criminal justice m North Carolina. Throughout its history, the 
Governors Crime Commission has served m a leadership role m 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 ser\ace restitution, crime prevention , 
and community watch, rape victim assistance, victim compensation and sentencing 
reform. j 

This commission currently oversees crime-related federal grant programs for i 
the state. These programs include the Juvenile Justice and Delinquency Prevention 
Program, the Justice Assistance Program, the Victim of Crime Act Program and the ' 
Drug Control and System Improvement Program. The programs bring approximately 
$20 million m federal monies to North Carolina for criminal justice improvement i 
programs. The Governor's Crime Commission Division serves as staff to the 40- , 
member Governors Crime Commission. The stall is responsible (or 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 edort to streamline management, the Crime Prevention Division returned 
to its original home in the Governors Crime Commission m 1999. The division 
was originally created using GCC funding and staff m 1979 to motivate citizens m 
every home and community to jom actively m the fight against crime. The Crime 
Prevention Division provides technical assistance and crime prevention awareness ' 
materials free of charge to citizens, local law enforcement agencies and other groups. 
Among the programs promoted and coordinated by the division are Crime Stoppers, 
Community Watch, Business Crime Prevention, Sexual Assault Prevention, Crimes ; 
Against the Elderly, Church Watch, Crime Prevention m Public Housing and others. : 

Highway Patrol Dhision \ 

In 1929, the General Assembly of North Carolina created the State Highway , 
Patrol. Chapter 218 of the Public Laws of 1929 provides: 

'T/it(( the State Highwav Commission oj North Carohna is hcrchv authonzcd 
and diivctcd to create under its control and supervision a division of the State 
Highway Patrol, consisting oj 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 oj the State." 



290 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Highway Patrol was given statutory responsibiHty to patrol the highways 
of the state, enforce the motor vehicle laws and assist the motoring public. The 
State Highway Commission appointed a captain as commanding officer of the State 
Highway Patrol and nine lieutenants. These ten men were sent to Harrisburg, Pa., 
to attend a two-week training school for state police. The captain and the nine 
lieutenants returned to North Carolina and made plans for recruiting 27 patrolmen, 
three for each of the nine highway districts in the state. 

The year 1929 was the first time m North Carolina history 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 
for admission to the patrol, only 67 were ordered to report to Camp Glenn, an 
abandoned army encampment near Morehead City The school ran for six weeks 
and the names of the 27 men with the highest records were posted on the bulletin 
board as the first State Highway Patrolmen. Others who had come through the 
training course with credit were put on a reser\^e list to be called into service as 
openings occurred. 

On July 1, 1929, 37 members of the patrol took their oaths of office in the hall 
of the House of Representatives in the North Carolina Capitol. From this original 
authorized strength of 37, the State Highway Patrol's membership has increased, 
reflecting growth in the states population, interstate and state highways, and 
registered vehicles and licensed drivers. 

I 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 
I to the State Revenue Department. On July 1, 1941, the General Assembly created 
J 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 
j was transferred from the Department of Motor Vehicles in 1973 to the Department 
iof 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 trafhc law enforcement agency in North Carolina, the chief 
responsibility of the State Highway Patrol is safeguarding life and property on the 
Estate's highways. The duties and responsibilities of the patrol are governed by the 
General Statutes and consist of regularly patrolling the highways and enforcing all 
laws and regulations pertaining to travel and use of vehicles upon the highways. 

Additional duties may be assigned by the governor and the secretary of Crime 
Control and Public Safety, such as providing manpower and support for civil 
'disturbances, nuclear accidents, chemical spills and natural disasters. The patrol 
jalso provides security for the governor and his family. 

The year 1977 also brought a change in location and facihties for the Patrols 
training schools. Camp Glenn was the site for training the first class of Highway 



291 



NORTH CAROLINA MANUAL 2003-2004 

Patrol recruits, but there was no permanent training site until 1946, when classes 
were held at the Institute of Government at the University of North Carolina at 
Chapel Hill. When the Patrol outgrew that site, several locations throughout the 
state were considered as possible training sites and the Governor Morehead School 
for the Blind located at 3318 Garner Road m 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 memoiy 
ol the troopers killed m the line of duty After a fund-raismg campaign to pay for its 
construction, on May 18, 1986, Governor James G. Martin accepted the memorial 
on behalf ot the state during dedication ceremonies. The inscription on the 
monument was written by Latish Williams, an employee of the Patrol Headquarters 
staff: 

In mcmorv oj those who /osf thcw hvcs in the hnc oj duty, wc hope vou see 
theiv jaees and hearts in this stone oj beautv. In dedication and honor to those 
who die diroiighoiit the years, we stand hejore this memorial and hold hack 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, lije 
begins. 

Law Enforceittent Support Services 

Law Enforcement Support Senices (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 m 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 m North Carolina that would handle 
distribution of military surplus items to local and state law enforcement agencies. 

LESS was tormally created in 1994 to provide a coordinated means for local 
agencies to obtain lederal surplus equipment. The section maintains a list of requests 
Irom local agencies, then obtains equipment in bulk and distributes it to the agencies 
that requested a particular item tirst. In order to receive the surplus equipment, j 
agencies must describe their counter-drug efforts and ]ustify 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 m ! 
100 counties, as well as to 18 state agencies. | 

LESS also administers the North Carolina Police Corps scholarship program, 
which IS designed to place officers who are college graduates in smaller law I 
enforcement agencies involved m community-oriented policing. There is also a j 
scholarship tor dependent children of ofhcers killed while performing official police . 
duties. 



292 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

National Guard Division 

Since the colonial era of this nation's history, there have been citizen soldiers 
who worked at their trades, jobs, farms, professions and other livelihoods, while 
also serving as members of organized miUtia units. When needed, these citizen- 
soldiers assisted in the defense of life, property and their community The North 
Carolina National Guard has its roots in this tradition. 

The National Guard today is the organized militia of the state and the governor 
is the commander-in-chief. The National Guard is also a part of the Armed Forces' 
reserve force structure with the president as commander-in-chief, which gives the 
guard a federal as well as a state mission. 

As the state militia, the guard has a long history of service to the people of the 
state. On numerous occasions, the guard has provided assistance to state and local 
authorities when natural disasters such as hurricanes, floods, fires and tornadoes 
occurred and during civil disturbances and other law enforcement emergencies that 
required additional trained manpower to supplement state and local resources. 

As a part of the reser\'e forces of the United States Armed Forces, the guard has 
been called or ordered to active federal service to defend the nation. Early militia 
and modern guard units have responded to this need since the Revolutionary War. 
The N.C. National Guard's most recent combat experience came in the Persian Gulf 
War of 1991 when thousands of North Carolinians spent months in Saudi Arabia, 
Kuwait and Iraq. More recently North Carolina National Guard members have served 
extended tours of duty in Bosnia, Croatia, Somalia and Haiti. 

In 1806, following the War for American Independence, under the authority of 

the MiUtia Acts of 1792 and 1795 passed by the U.S. Congress, the General Assembly 

passed a law establishing the Adjutant General's Department. The miUtia then began 

to become better organized and trained. For many years the State Guard, as it was 

then known, had no federal recognition; and at the time of the Spanish-American 

'. War in 1898, it was discovered that the president of the United States had no authority 

, lo order the guard into federal service. Under the Acts of Congress of June 3, 1916, 

, a deUnite place in the national defense structure was created for the guard; and the 

. State Guard became the National Guard. 

Since this change in the federal laws, the National Guard has become an integral 
part of the country's first line of defense. With the backing of the federal government 
and laws passed by the respective states based upon the National Defense Acts, the 
National Guard has continuously, through its training, developed a high standard 
of efUciency Today it is recognized as an important part of the Army of the United 
States. In 1947, the Army Air Corps was designated the United States Air Force and 
became a separate component of the armed services. At the same time, the National 
Guard of the United States was divided into the Army National Guard and the Air 
National Guard. 



293 



NORTH CAROLINA MANUAL 2003-2004 

The Deparimcni of Defense continues to expand tlie role of the guard m the 
national deiense j:)lan and to develop a "One Army" concept of active and rcser\'e 
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 military equipment: the Ml Abrams Tank, 
the M2 Bradley Infantry Fighting Vehicle, the M60-A3 Mam 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 m 
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 seiwe its citizens. 

Victim and Justice Scfiices Division 

The Victim and Justice Services Division formerly was a section of the Governors 
Clime Commission Division. The community services alternative punishment 
programs for persons sentenced under the Safe Roads Act became the responsibility 
of the Department of Crime Control and Public Safety m 1983. The department 
created a new dix'ision to administer these programs. This new division was called 
the Victim and Justice Ser\ices 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 Carolina 27.6 million hours of free labor with an estimated 
monetary value of $153 million. Not only did the state benefit trom this free labor ' 
by offenders, it also collected more than $56 million m fees which go to the General 
Fund tor 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 Deterred Prosecution and Community 
Service Parole programs are administered in whole or m part by the division. i 

This division also operates programs that provide direct senices to victims and i 
to justice system agencies. The North Carolina Crime Victims Compensation 
Commission (NCCVCC) reimburses persons for uninsured medical expenses and 
lost wages resulting from violent crime. Victims may receive a maximum of $30,000, 
plus an additional $3,500 for funeral expenses if the victim dies from the crime. 
Claims must be submitted to the NCCVCC for verification and approval. The Rape 
Victim Assistance Program provides financial assistance to victims of sex offenses 
by reimbursing the cost of emergency medical treatment and e\'idence collection. 



294 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

This program has served thousands of victims since its inception in 1981. Division 
staff members also conduct workshops for law enforcement officers on managing 
occupational stress, usmg the services of a licensed psychologist to counsel police 
officers. 

Crime and Public Safety- Related Boards and Commissions 
Govemoi^s Advisory Commission on Military Affiairs 

Governor's Crime Commission 

N.C. Boxing Commission 

N.C. Crime Victims Compensation Commission 

N.C. Emergency Response Commission 

For more mformation about the Department of Crime Control and Public Safety, 
call (919) 733-2126 or visit the departments Web site at www.nccrimecontrol.org . 



Bryan E. Beatty 

Secretary of Crime Control and Public 
^Safety 

Early Years 

, Born March 10, 1958, in Salisbury, Rowan County, to 
O.K. and Ellestine Dillard Beatty 

; EducationalBackground 

: Salisbury High School, Salisbury, 1976; B.A., Political 

Science, State University of New York, 1980; Law 
1 Enforcement Certification, N.C. State Bureau of 

Investigation, 1981; J.D., School of Law, University of 
j 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 oi 
Justice. 

Business/Professional, Charitable/Civic and Community Service Oi^anizations 

Board of Directors, Pines of Carolina Girl Scouts; Board of Directors, Frankic 
Lcmmon School. 

J Elected orAppointedBoards and Commissions 

iGoverning Board, Criminal Justice Information Network; Chair, Stale Emergency 
'Response Commission; Governor's Crime Commission. 




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NORTH CAROLINA MANUAL 2003-2004 

Honors andAwards 

2002 Harvey Elliot Beech Award, UNC General Alumni Association; 2003 
Distinguished Service Award, National Governors Association 

Personallnfoiinatkni 

Married, Rhonda Hubbard Beatty. Two children. Baptist 

Secretaries of Crime Control and Public Safety 

Name Residence Term 

J. Phillip Carlton- Wake 1977-1978 

Herbert L. Hyde^ Buncombe 1979 

Burley B. Mitchell Wake 1979-1982 

Heman R. Clark' Cumberland 1982-1985 | 

Joseph W. Dean*^ Wake 1985-1992 

Alan Y Pugh' Randolph 1992-1993 

Thurman B. Hampton'^ Rockingham 1993-1995 

Richard H. Moore' Granville 1995-1999 | 

David E. Kelly'^' Brunswick 1999-2000 ' 

Bryan E. Beatty Wake 2001 -Present 

I 

^ The General Assembly of 1977 abolished the Department of Military and Veterans 
Affairs and created the Department of Crime Control and Public Safety ' 

- Carlton was appointed on April 1, 1977, by Governor Hunt. He resigned effective : 
January 1, 1979, following his appointment to the N.C. Court of Appeals. 

Hyde was appointed on January 2, 1979, by Governor Hunt to replace Carlton. 

Mitchell was appointed on August 21, 1979, to replace Hyde. He resigned in 

early 1982 following his appointment to the N.C. Supreme Court. 

I 
Clark was appointed m Fcbruaiy 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 February 3, 1993.  

He resigned September 30, 1995. i 

I 
Moore was appointed by Governor Hunt and sworn in on December 1, 1995. 

Kelly was appointed by Governor Hunt anci sworn m on Nov. 23, 1999. ' 



10 



296 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Cultural Resources 

When the North CaroHna Department of Cultural Resources was created in 
1971, it became the hrst state government cabinet-level department for cultural 
affairs established m the U.S. The purpose of the department is to enhance the 
cultural climate of North CaroUna by providing access to the arts, historical resources 
and libraries. Cultural Resources interprets "culture" as an inclusive term for the 
many ways people have of understandmg 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 state's cultural heritage for future 
generations. 

The department consists of two major offices: Archives and History and Arts 
and Libraries. Each office oversees numerous sections. The Office of Archives and 
History is made up of the North CaroUna Museum of History, Historic Sites and 
Historical Resources. The Office of Arts and Libraries includes the North Carolina 
Museum of Art, North Carolma Arts Council, the State Library of North Carolina 
and the North Carolina Symphony. 

The Office of Archives and History 

Founded m 1903 as the North Carolina Historical Commission, the North 
Carolina Office of Archives and History is the agency responsible for stewardship 
|of the state's past. The mission of the office is to collect, preserve and utilize the 
I state's historic resources so that present and future residents may better understand 
their history. To that end, the office safeguards the documentary and material evidence 
of past generations for the education of all citizens and the protection of their 
democratic rights. 

I The agency provides leadership and assistance to encourage the preserv^ation of 
historical resources by government agencies, private individuals, businesses and 
jnon-profit organizations throughout the state. Archives and Histor}' looks to the 
jfuture 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. 

I 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 state's highways. Among the newest initiatives, with annual 
(Competitions since 1997, is National History Day, designed to promote interest in 
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. 



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NORTH CAROLINA MANUAL 2003-2004 

Historical Resources 

The Archives and Records Section is responsible for promoimg and 
safeguarding the documentaiy 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 millions of individual items. The Government Records Branch 
provides and administers records management semces to state government agencies, 
local governments and state-supported institutions of higher education. Its holdings 
are housed in tour records storage facilities 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 ol North Carolina history. Two ongoing projects are the editing and publication 
of the Colomal Records of North Carolina [Second Series] and North Carohna Troops, 
1S61-1865, a comprehensive Civil War rosier. 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 Carohna Historical Review, established in 1924 as a 
medium ol publication and discussion ot history in North Carolina. The Review, 
issued quarterly, is the delinitive source lor the study and understanding ol the 
states history. Carolina Comments is the quarterly newsletter ot the Ottice ot Archives 
and History. 

The North Carolina State Historic Preservation Office assists citizens, private 
institutions, local governments and agencies ot state and tederal government m the 
identitication, evaluation, protection and enhancement of properties significant in 
North Carolina history. The agency administers the National Register of Historic 
Places program. The chief services ot the ofhce include the statewide survey of 
historic buildings and districts; environmental review ot state and tederal 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 survey v^'ork, notably guides to 
historic architecture ot the entire state. 

The Office of State Archaeology coordinates and implements a statewide 
program of prehistoric, historic and underwater archaeology. The office has 
professional staff m Raleigh, Asheville, Kure Beach (adjacent to Fort Fisher near 



298 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Wilmington), Greenville 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 shipwrecks 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'*^ 
century and is the oldest wreck found m state waters. Since its discovery, 
archaeologists have attempted to determine whether the shipwreck is that of the 
pirate Blackbeards flagship. Queen Anne's Revenge. 



State History Museums 

The North Carolina Museum of History in 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 \isitors to explore and understand the past; to reflect on their own lives 
and their place m history; and to preserve state, regional and local history for future 
generations. Long-term 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 History moved to its present quarters in April, 1994. One aspect of the 
museums mission is to interpret North Carolina history through the acquisition, 
preservation and presentation of artifacts. The museum's collection contains more 
than 250,000 artifacts representative of North Carolina's past. The staff includes 
specialists in design, artifact identification and provenance, conservation and 
restoration techniques and historical context. Curators specialize in fields such as 
agriculture and industry, community history, costume and textiles, folklife, 
furnishings and decorative arts, military histor}- and political and socioeconomic 
history. Educational programming, tailored to both students and teachers, is 
structured to complement the standard course of study in state histor)' in secondar)' 
schools. The museum hosts regular events geared toward adult learning, such as a 
book series, concerts and lunchtime speakers programs. Capitol Area Visitors 
Services, also housed in the museum, provides information and assistance to more 
than 100,000 annual visitors to Raleigh's state-owned cultural attractions. 

The Museum of the Albemarle tells the story 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 in Elizabeth City. The Museum of the Cape Fear 



299 



NORTH CAROLINA MANUAL 2003-2004 

in Fayetteville interprets the histoiy and culture of southern North Carolina from 
prehistor)' to the present. The Mountain Gateway Museum m Old Fort interprets 
the mountain regions history from the earliest inhabitants through the setdement 
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 Carolinas 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 m Southport and on 

Roanoke Island. 

i 

i 

I 

State Historic Sites \ 

The North CaroUna State Capitol, completed m 1840, is one of the finest and | 
best-preserved examples of a major civic building in the Greek Revival style of I 
architecture. I 

Tryon Palace Historic Sites &c Gardens provides daily tours of North Carolmas i 
restored colonial capitol and governors residence in New Bern, originally completed j 
m 1770 for Governor William Tryon. The site also includes the John Wright Stanly j 
House Cca. 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 i 
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 m-depth research 
on the regions African-American history. 

The USS Battleship North Carolina, berthed on the Wilmington waterfront, 
has provided two distinctly different ser\'ices. In her first life, from 1941 to 1947, 
the vessel was a battle-tested veteran of Vvbrld War 11. In her second life, launched 
m October, 1961, she is North Carolmas memorial to its World War 11 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 m the 1680s. The parks attractions include the Elizabeth //, a replica 
of a sixteenth-centuiy sailing vessel; the Roanoke Adventure Museum; an outdoor 
pavilion; and an art gallery 

The North Carohna Transportation Museum at Spencer Shops is housed in 
what once was Southern Railways largest repair facility 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. 
The remaining 22 State Historic Sites preser\^e throughout North Carolina significant 
properties related to events, people and themes important to the states past. ' 

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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Administrative staff offices 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 preser\'ed so that the people and their times can be better 
understood. Most sites have visitor centers with interactive exhibits, multimedia 
presentations and picnic facilities. 

The sites are administered by region. In the Northeast region are Historic Bath, 
I Historic Edenton, Historic Halifax and Somerset Place. In the Piedmont region are 
I Alamance Battleground, Bennett Place, Charlotte Hawkins Brown Museum, Duke 

I Homestead, House m the Horseshoe, Stag\alle and Town Creek. In the Southeast 
region are Aycock Birthplace, Bentonville Battleground, Brunswick Town, CSS Neuse 

II and Fort Fisher. In the West region are Fort Dobbs, Home Creek, Polk Memorial, 
j Reed Gold Mine,Thomas Wolfe Birthplace, and Vance Birthplace. 

j The Ofhce of Archives and History maintains service branches in Asheville and 
i Greenville, offering professional expertise in historic resource management. The 
i Eastern Offices specializes in assistance with historic preservation. The Western 
( Office specializes in archival management, preservation and site operations. For 
li more detailed information about the North Carolina Office of Archives and History, 
il including hours, directions, names of staff members, events listings and news 
ij 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 firsts: the hrst m the U.S. to devote public 
funds for an art collection; the first local arts council; the first 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 Office 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 An 
'and the State Library of North Carolina. 

North Carolina Symphony 

The North Carolina Symphony has the distinction of being the first orchestra 
in the country to receive continuous state funding. When the 1943 General Assembly 
passed 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 14,000 miles during the regular season each year, performing in 
large and small communities from the mountains to ihc coast. Presenting 
lapproximately 175 concerts throughout the state, the orchestra reaches 100,000 
Ichildren and more than 275,000 adults each year. 



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NORTH CAROLINA MANUAL 2003-2004 

Under the leadership of Music Director and Conductor Grant Llewellyn and 
Associate Conductor William Henry Curry the North Carolina Symphony ranks as 
one oi the nations major orchestras, presenting the tinest m live, symphonic music. 
In addition to its outstanding reputation, the s)Tnphony also has one of the most 
extensive music education programs m the country. Approximately 50 of its yearly 
concerts are given free of admission to school children throughout the state m their 
home communities. 

Along with its statewide concerts, the orchestra presents 75 classical and pops 
concerts each year in the Raleigh, Durham, Chapel Hill and Cary metropolitan area. 
The North Carolina Symphony is a full-time, professional orchestra with 64 
members, currently based m Raleighs 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 m 
Washington, D.C. World-renowned soloists and conductors, including Andre Watts, 
Nadja Salerno-Sonnenberg, Doc Severinsen, Raymond Leppard and L\mn Harrell, 
regularly perform with the North Carolina S}niphon)'. The symphon\' has produced 
four recordings: one of Durham composer Robert Wards compositions; one of 
holiday pops music; an all-Beethoven recording; and a recording of patriotic works 
entided 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 m the office of the Secretary of State and the appointment 
of the tirst full-time State Librarian m 1843. Another historical milestone was the 
establishment ot the North Carolina Library Commission in 1909. Its primary 
mission was to provide assistance, advice and counsel to all libraries, all communities 
that proposed to establish libraries and all persons interested m the best means of 
establishing and administering libraries. By action of the General Assembly m 1955, 
the State Libraiy and the Libraiy Commission were merged to form a single State 
Library. Today, the State Library is a division of the Department of Cultural Resources. 
The State Library Commission, a 15-member group of citizens and professional 
librarians, advises the Secretary of Cultural Resources and the State Librarian on 
priorities and policy issues. 

The State Library of North Carolina focuses its ser\'ices to the people of the 
state in three ways: (1) by working m partnership with local communities to develop 
public library senices statewide; (2) by developing librar)' 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 that includes government 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

officials, business people and the general public with an emphasis on genealogy 
researchers and blind and physically handicapped people in North Carolina. 

The Library Development Section works closely with local communities to 
ensure that every public library in the state offers the best possible service. The 
section staff also works with libraries in North Carolina's public schools, colleges 
and universities to strengthen library services statewide. The consultant staff provides 
continuing education, consulting assistance and other types of support to local 
library staff, library board members and local officials. A rich array of statewide 
programs support the efforts of local libraries. In addition, section staff manage 
statewide programs that strengthen services offered by local libraries as well as the 
State Aid to Public Libraries program and the federally-funded Library Services 
Technology Act, two grant programs aimed at strengthening local library services. 

The Internet is transforming the way that North Carolina's libraries do business. 
The new telecommunications technologies are removing barriers created by rural 
isolation, poverty and institutional resources. The State Library provides a variety 
of programs and services to help local pubhc libraries close the "digital divide" in 
their community by providing access to the Internet to people of all Sages. Another 
innovative program — NC LIVE — provides access to magazine articles and reference 
books online to librar)' patrons in all 100 counties. StartSquad.org is an Internet 
portal designed by the state's librarians to provide a well-organized selection of web 
sites for children in 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; serves as 
North Carolina's ofhcial state documents depository; and provides information for 
genealogy researchers. The section's Library for the Blind and Physically Handicapped 
offers free service to any North Carolinian unable to hold or read ordinary printed 
library materials because of physical or visual disability 

North Carolina Arts Council 

Since 1967, the North Carolina Arts Council has enriched the cultural life of 
the state by nurturing and supporting excellence in the arts and providing 
opportunities for every 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 

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NORTH CAROLINA MANUAL 2003-2004 

devclopmcni by emphasizing local decision-making. Arts in Communities also 
directs the Regional Artists Project Grant program, which provides funds to consortia 
of local arts councils to award artist project grants and the Multicultural Organizational 
Dexclopment Program, which assists previously under-served communities. 

Arts in Education: Through Arts m Education Partnerships, the Arts Council 
encourages long-term collaborations between arts organizations, artists and schools 
and it funds artist residencies m schools. This underscores the key role the arts play 
at the core of learning. 

Cultural Tourism: The Arts Council provides consultations, technical assistance, 
information and grants to help arts organizations develop tourism initiatives. 
Marketing and public relations strategies promote the state s arts resources to tourists. 

Folklife: The Arts Council documents and celebrates the states cultural heritage; 
promotes appreciation of folklife; and sun^eys traditional culture across the state. 
Folk Heritage Awards began m 1989; nearly 100 have been honored since then. 

Literary, Visual and Performing Arts: The Arts Council proxides Imancial 
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 creatu'e vitalit)' of the state. 

Touring and Presenting: The Arts Council produces a listing of selected North 
Carolina artists and companies m all disciplines. It provides kinds 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 m public art projects and communit)' design through its program, Creating 
Place. 

Communications: The Arts Council produces the journal, NCcuts, which covers 
issues and activities of statewide importance m the arts. A website, www.ncarts.org , 
provides access and links to arts programs locally and nationally. The Arts Council ' 
also provides research ser\-ices, data about the arts and mailing lists. 

North Carolina Museum of Art 

The North Carolina Museum of Art houses one of the hnest collections ot art m 
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 m 1947 "to purchase an art collection 
for the state," North Carolina became the hrst state in the nation to devote public 
funds for that purpose. With that first appropriation, the museum acc[uired 139 
European and American paintings including works by Rubens, Canaletto, 
Gainsborough, Copley and Homer. This appropriation attracted a gilt trom the 



304 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Samuel H. Kress Foundation, which donated most of the museums collection of 
Italian Renaissance and Baroque art. 

Over the 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 paintings, 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: Basehtz, 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 of the only two such displays m a general art museum in the 
nation. 

Docents conduct tours 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. 

Founded and administered by the North Carolina Art Society until 1961, the 
museum is today a division of the Department of Cultural Resources. Annual 
operating support is provided through state appropriations and contributions from 
the private sector administered by the North Carolina Museum of Art Foundation. 
A full-service 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 Programs 

In addition to the many programs and services already under way through the 
various divisions of 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 department's goal is to assure 
that the richness of North Carolina's cultural heritage should be available to everyone. 

Culture-Related Board and Commissions 

1898 Wilmington Race Riot Commission 

Edenton Historical Commission 

Elxecutive Mansion Fine Arts Committee 

Governor's Business Council on Arts and Humanities Board 



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NORTH CAROLINA MANUAL 2003-2004 

Historic Bath Commission 

Historic Hillsboi-ough Commission 

Historic Murfreesboro Commission 

John Motley Morehead Memorial Commission 

Library Services and Technology Act (LSTA) Advisoiy Committee 

National Register Advisory Board 

North Carolina Art Society Board 

North Caroluia Arts Council Board 

North Carolina Awai'ds Committee 

North Carolina Highway Historical Maiker Commission 

North Carolina Historical Commission 

North Cai'oluia Museum of Art Boai'd 

Noith Cai'olina Museum of History Associates 

North Carolina Public Librarian Certification Commission 

North Carolina State Library Commission 

North Carolina Symphony Foundation, hic. 

North Carolina Symphony Society Board 

Roanoke Island Historical Association Board (The Lost Colony) 

Roanoke Island Commission (Elizabeth D) 

State Capitol Advisory Committee 

State Historical Records Advisory Board 

Tryon Palace Commission 

USS North Carolina Battleship Commission 

Vagabond School ofDrama Board 

For more information on the Department of Cultural Resources, call (919) 
807-7250 or visit the departments Web site at http://www.ncdcr.gov . 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



Lisbeth Evans 

Secretary of Cultural Resources 

Early Years 

Born to James Winfred and Trudie Clark 
Evans on September 7, 1952, in Clarkton, 
Bladen County. 

EducationalBackgroimd 

Clarkton High School, 1970; B.S., Wake 
Forest University, 1974; MBA, Babcock 
School of Management, Wake Forest 
University 1978. 

ProfessionalBackground 

Secretary, N.C. Department of Cultural 
Resources. 

Political Activities 

Chair, N.C. Democratic Party, January, 1996, 
to February 1998; Chair, Women's Campaign 
Fund. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Board of Trustees, Wake Forest University; Wake Forest University Health Sciences 
Board; Board, Second Har\^est Food Bank of Northwest N.C. 

Elective orAppointedBoards and Commissions 

Board of Directors, Golden L.E.A.F (Long-Term Economic Advancement 
Foundation), Inc.; Board, N.C. School of the Arts; Board of Trustees, UNC-TV 

Honors andAwards 

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^ Forsyth 

Sara W Hodgkins"^ 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 



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NORTH CAROLINA MANUAL 2003-2004 

' The Executive Organization Act of 1971 created the Department of Art, Culture 
and fiistory with provisions for a secretary appointed by the governor. The 
Organization Act of 1973 changed the name to the Department of Cuhural 
Resources. 

' Ragan was appointed by Governor Scott. 

^ Rohrer was appointed on January 5, 1973, by Governor Holshouser to replace 
Ragan. 

"^ Hodgkins was appointed on January 10, 1977, by Governor Hunt to replace 
Rohrer. 

' Dorsey was appointed Januar}' 7, 1985, by Governor Martin to replace Hodgkins. 

•" McCain was appointed January 11, 1993 by Governor Hunt. 

^ Evans was appointed January 10, 2001, by Governor Easley 



308 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Environment and Natural Resources 

The N.C. Department of Emaronment and Natural Resources has a long and 
diverse history. When North Carolina began enforcing game laws in 1738, acting 
years before statehood became a fact, the process began to form what we know 
today as the Department of Environment and Natural Resources. 

By 1850, the state had embarked on an ambitious earth sciences program to 
include not only physical sciences but also agricultural and forestry functions. In 
1823, the North Carolina Geological Survey was formed, later expanded, and in 
1905 renamed the N.C. Geological and Economic Survey — the forerunner 
organization to the Department of Environment and Natural Resources. 

State direction on environmental matters picked up speed as the 20th Century 
dawned. As early as 1899, the State Board of Health was given some statutory 
powers over water pollution affecting sources of domestic water supply The state's 
power to control the pollution of North Carolina's water resources has remained 
constant since. 

The state employed its first graduate forester in June of 1909, leading to the 
creation of the North CaroUna Forest Service (knovm today as the Division of Forest 
Resources) in 1915. When it was established, the service's only task was to prevent 
and control wildfires. 

Also in 1915, the state parks system was born when Governor Locke Craig 
moved the General Assembly to save Mount Mitchell before loggers could ruin it. 
Legislators created Mount Mitchell State Park in response to the governor's request. 
That same year federal and state laws were passed to protect watersheds and streams. 
The assembly established the North Carolina Fisheries Commission Board, charging 
It with the stewardship and management of the state's hshery resources. The board 
has the administrative power to regulate fisheries, enforce fishery laws and 
regulations, operate hatcheries and carry out shellfish rehabilitation activities. 

By 1925, the North Carolina Geological and Economic Survey took another 
step in its evolution, becoming the Department of Conservation and Development. 
The new department consolidated many natural resource functions. Its original 
focus was on geology, but its involvement in managing many other associated natural 
resources also grew. Although the Depression slowed business at all levels, public 
programs such as the Civilian Conservation Corps (CCC) were a boon to North 
Carolina's natural resource programs. More than 76,000 CCC workers fanned out 
across the state, constructing fire towers, bridges, erosion control dams and 
buildings, planting trees and fighting forest fires. Many of the facilities in our state 
parks built by the CCC are still in use today. 

The Division of Forest Resources estabUshed its nursery seedling program in 
1924, adding a management branch in 1937 and creating a State Parks Program as 
a branch operation in 1935. A full-time Superintendent of State Parks was hired 

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NORTH CAROLINA MANUAL 2003-2004 

and the stage was set for parks management to develop into division status by 
1948. 

By the late 1930s, interest had dechned m managing the states geological and 
mineral resources, the function that has sparked the organizational push for natural 
resource management m the hrst place. Geological and mineralogical investigations 
at both federal and state levels were poorly supported hnancially. From 1926-1940, 
the Division of Mineral Resources was literally a one-man show, operated by the 
State Geologist. 

The war years (1938-1945) provided new impetus for state involvement m 
managing North Carolmas geological and mineral resources thanks to the need for 
minerals to meet wartime shortages. 

The state and the U.S. Geological Sun'ey 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 m 1941, 
North Carolina conducted a far-ranging study of geology and mineral resources m 
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 lirst comprehensive, modern water pollution control law m 1951. 
The cornerstone of North Carolina s early 19th Century effort to affect our 
environmental lifestyle - water and geology - was finally being forged into law. 

The N.C. 1951 State Stream Sanitation Act (renamed m 1967 as the Water and 
Air Resources Act) became the bedrock for todays complex and inclusive efforts to 
protect the states water resources. The act also provided an important part of the 
legal basis for todays water pollution control program. It established a pollution 
abatement and control program based on classihcations and water qualitx' standards 
applied to the surface waters of North Carolina. 

By 1959, the General Assembly had created the Department and Board of Water 
Resources, mo\ang 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 m water pollution control and 
continued to develop a new air pollution control program. 

The Division ot Forest Resources expanded its comprehensive sendees during 
the 1950-1970s, as did many of the state agencies concerned with the growing 
complexity of environmental issues. The nations hrst Forest Insect and Disease 
Control Program was set up within the division in 1950. The Tree Improvement 
Program began m 1963. The Forestation Program was added in 1969 and the hrst 
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 public-spirited citizens. Appropriations tor operations were minimal 

310 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

until the State Parks Program was established within the N.C. Forest Service in 
1935. The parks were busy sites for miUtary camps m the 1940s, but isolated 
leisure spots for most of the years before and after World War U. 

Steady growth m park attendance, and a corresponding need for more 
appropriations to ser\'e that growth, surfaced m the early 1960s and continues 
today The 1963 State Natural Areas Act guaranteed that future generations will have 
pockets of unspoiled nature to enjoy. The 1965 Federal Land and Water 
Conservation Fund required the state to have a viable plan for park growth. 

The General Assembly pumped new financial life into the state park system 
with major appropriations in the 1970s for parkland acquisition and operations. 
By the mid-1980s, visitation at state parks had risen to six million \isitors per year. 
Facilities were taxed to the limit and a new era of parks expansion and improvements 
was beginning. 

In the 1960s, the need to protect fragile natural resources was evident on several 
fronts. The Division of Geodetic Survey began in 1959; the Dam Safety Act was 
passed by the General Assembly in 1967; and North Carolina became the first state 
to gam federal approval of its Coastal Management Program with the 1974 passing 
of the Coastal Area Management Act. By the early 1970s, the state's involvement m 
natural resource and community Ufestyle protection bore little resemblance to the 
limited structure of state organizations of the late 1800s. 

The Executive Organization Act of 1971 placed most of the environmental 
functions under the Department of Natural and Economic Resources. The act 
transferred 18 different agencies, boards and commissions to the department, 
including the functions of the old Department of Conservation and Development. 
As some of the titles changed and some of the duties of the earlier agencies were 
combined or shifted, the stage was set for the 1977 Executive Order which created 
the Department of Natural Resources and Community Development. That brought 
together not only the growing community development programs, but pulled the 
always popular North Carolina Zoological Park (created in 1969 and expanded 
continuously since) and the Wildlife Resources Commission under the Natural 
Resources and Community Development umbrella. 

During the mid-1980s, however, a growing need developed to combine the 
states interrelated natural resources, environmental and public health regulatory 
agencies into a single department. With the support of the administration, the General 
Assembly passed legislation in 1989 to combine elements of the Department of 
Human Resources and the Department of Natural Resources and Community 
Development (NRCD) into a single Department of Environment, Health, and Natural 
Resources. 

Three of the old NRCD divisions (Community Assistance, Economic 
Opportunity, and Employment and Training) were transferred to other departments. 



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NORTH CAROLINA MANUAL 2003-2004 

The remaining divisions were combined with the Health Services Division h'om 
the N.C. Department oi Human Resources to lorm the new agency. The creation of 
the Department of Environment, Health and Natural Resources (DEHNR) ushered 
m a new relationship between the environment and the health of the states 
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 Carolmas growing industrial, commercial and population expansion was 
exacting a high price on natural resources. 

The new agencies included the Office of Minoritv Health and its Mmoritv Health 
Advisory Committee, legislatively created in 1992. The Governor's Council on 
Physical Eitness and Health and Healthy Carolinians 2000 folk"iwed. The states 
three aquaiiums merged into one office mside DEHNR m 1993 and the Museum of 
Natural Sciences followed suit the same vear. 

The Office of Environmental Education was created m 1993 to educate the ^ 
public — and North Carolina youth m particular — about what constitutes the 
environment that supports us. Several of the departments health agencies were altered 
to meet public concerns about mlant mortality, AIDS, septic tank systems and rabies. 

Those and other administrative changes between 1990 and 1996 resulted in an 
increase in Department manpower. Stathng reached 4,650 by 1997. The growing 
response to environmental problems brought an intusion of money lor inspectors, 
new regulatory powers and a speed-up ot the permit processes. 

North Carolina's state parks system received major attention m the mid-1990s. 
Voters approved a $35 million bond package m 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 o{ the 1990s dawned, legislators allocated substantial sums of 
money lor programs to clean up the most dangerous of 10,000 underground 
gasoline storage tanks thought tn be leaking at any given time in the state. Some of 
the states gasoline tax revenues have been earmarked to help owners clean up tank 
spills. 

By the mid-1990s, the fund was lacing a delicit 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 hsh 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 i 

i 

312 i 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

of inspectors to its water quality and its soil and water conser\'ation divisions; and 
training requirements for farm operators. 

With the health functions of DEHNR growing at a rate matching the growth of 
environmental pressures, the 1996 General Assembly divided the department once 
again. On June 1, 1997, health functions were transferred to the Department of 
Human Resources — which changed its name, as well. 

The Department of Emdronment and Natural Resources was bom. 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 fish-related organism 
suspected to have caused massive hsh kills m the summers of 1995, 1996 and 
1997. The slippery problem of identifying and controlling non-point sources of 
pollution placed more departmental emphasis on problems of stormwater and 
sedimentation run-off and nutrient pollution. 

In August, 1997, Governor Hunt signed into law the most comprehensive 
piece of en\4ronmental legislation m the states history It mandated a moratorium 
on hog farms, gave county government new power to control the swine industry, 
and tightened limits on how much nitrogen cities and industries can discharge into 
nutrient-sensitive waters. Later that year, the state's Environmental Management 
Commission approved a plan to reduce nitrogen in the Neuse River watershed by 
30 percent. 

The 20th Century closed with an increased emphasis on preserving open space 
and tackling air pollution m North Carolina. The state passed new rules requiring 
power plants and other industries to reduce their emissions of ozone-forming 
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 main 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 in a time of rapid growth, former Governor Jim 
Hunt called for the conservation and preservation of an additional one million 
acres in North Carolina for open space, gamelands and recreation by 2010. The 
General Assembly later enacted legislation putting the milUon-acre goal into state 
law. The initiative encourages the creation of public-private partnerships to preserve 

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NORTH CAROLINA MANUAL 2003-2004 

an additional one million acres of farmland, lorests, gamelands, wetlands and other 
undex'cloped land m North Carolina over the next ten years. In 2002, DENR created 
the Ofhce of Consen-ation and Community Affairs to lead open-space presentation 
efforts by focusing on three key areas: protecting and restoring natural areas, 
adx'ancing stewardship on private and vv'orking lands and protecting and restoring 
sounds and ocean habitats. 

Perhaps no other state agency ecjuals the complexity of responsibilities nor 
deals more directly with the public than does the Department of Einvironment 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 m 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 
specitic sites throughout North Carolina to serve the public and protect the states 
natural resources. 

Office of the Secietary 

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 otfices are a chiet deputy secretary 
and two assistant secretaries. Functions v^athin the Office ot the Secretaiy include: 

Ojjxct oj Conservation and Community Affairs: This ofhce oversees department- 
wide initiatR'es in land and water conseiTation. It also leads the dex'clopment and 
implementation of a comprehensive statewide conservation plan Involving 
government agencies, private organizations, landowners and the public. 

Office of the General Counsel: The Oflice oi the General Counsel provides legal 
opinions and advice to divisions m the department; negotiates settlement agreements; 
reviews and evaluates the legal aspects ot 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 
departments liaison with the North Carolina General Assembly and local 
governments. Part of its role is to monitor proposed legislation and the work ot 
legislati\'e study commissions and research committees. It also directs the work of 
the departments field representatives. The office works closely with each di\'ision 
to ensure adec[uate representation ot the departments interest. 

Office of Public Affairs: PuItIic Affairs provides graphic art, publication, 
photographic and writing/editing seiwices lor the department and its divisions. The 
ofhce also informs the public and media about the departments programs and 
available services. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Regional Offices: Seven strategically located regional offices serve as home base 
for staff members from several divisions of the department, particularly those with 
regulatory authority The regional ofhces allow the department to deliver its program 
services to citizens at the community level. Regional offices are in AsheviUe, 
Fayetteville, Mooresville, Raleigh, Washington, Wilmington and Winston-Salem. 

Environmental Divisions 

Air Quality Division: Air Quality regulates the quality of the air in North Carolina 
through technical assistance to industries and enforcement of state and federal air 
pollution standards. The division issues permits, establishes ambient air quality 
standards, monitors air quality and operates a vehicle inspection/maintenance 
program. 

Coastal Management Division: Coastal Management is responsible for carrying 
out the provisions of the N.C. Coastal Area Management Act. It processes major 
development permits in coastal areas, reviews all dredge and fill permit applications 
and administers state and federal grants and projects that are part of the N.C. Coastal 
Management Program. 

Environmental Health. Division: Environmental Health is responsible lor the 
protection of pubUc health through the control of en\4ronmental hazards that cause 
human illness. Its programs include the protection of drinking water, wastewater 
management, restaurant sanitation grading, shellfish sanitation, pest management, 
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 conservation and development. 

Pollution Prevention and Environmental Assistance Division: This division 
coordinates the states solid waste reduction efforts. It offers technical assistance 
and policy support to industries, local governments and state agencies in reducing 
waste. The Pollution Prevention Program and the hazardous waste minimization 
and solid waste recycUng programs are the di\asions core elements. 

Waste Management Division: Waste Management administers programs to 
regulate and manage hazardous and solid waste disposal to protect the pubhc health. 
Programs include Hazardous Waste, Solid Waste, Underground Storage Tanks and 
the Superfund. 

Water Quality Division: Water Quality is responsible for the comprehensive 
planning and management of the states surface water and groundwater resources. 
This division issues permits to control sources of pollution; monitors permitted 
facility compliance; evaluates water quality; and pursues enforcement actions for 
violations of state water resource protection regulations. 



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NORTH CAROLINA MANUAL 2003-2004 

Water Resources Division: Water Resources conducts programs for river basin 
management, water supply, water conservation, navigation, stream clearance, flood 
control, beach protection, aquatic weed control, hydroelectric power and recreational 
uses of water. 

Natural Resources Divisions 

Forest Resources Division: Forest Resources is the lead agency in 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 hsheries. It conducts scientitic research as a basis for regulatory 
and developmental decisions and conducts programs to improve the cultivation, 
han'estmg and marketing of shellfish and fish. 

N.C. Aquariums: The N.C. Aquariums promote public appreciation ot North 
Carolinas 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 Carolinas natural resources. It offers educational 
exhibits and programs for children, teachers, adults and lamilies to preser\'e North 
Carolinas 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 public 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 Conser\ation administers a 
statewide program for the conservation of North Carolina's soil and water resources. 
It serves as staff for the states Soil and Water Conservation Commission and assists 
the 94 local soil and water conser\'ation districts and their state association. 

Zoological Park: The North Carolina Zoo displays representative species of 
animal and plant life from the worlds land and sea masses. It also provides 
educational and research opportunities. The zoo maintains a program for the 
conservation, presen'ation and propagation of endangered and threatened plant and 
animal species. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Wildlife Resources Commission 

The commission is a semi-autonomous agency that manages and protects wildlife 
in the state. The commission conducts restoration programs for endangered species 
of wildlife and restocks game fish m state waters. It is responsible for boating safety 
and boat registration, construction of boat access areas and hunter safety programs. 
The commission conducts an extensive environmental education program for the 
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 Listitute Board of Directors 

Parks and Recreation Council 

Petroleum Underground Storage Tank Funds Council 

Radiation Prx)tection Commission 

Recreation and Natural Heritage Trust Fund Board ofTrustees 

State Board of Sanitarian Examiners 

Sedimentation Control Commission 

SoO and Water Conservation Commission 

Southeastern Literstate Forest Fire Protection Compact Advisory 
Committee 

North Carolina Trails Committee 

Water Pollution Control System Operators Certification Commission 

Water Treatment Facility Operators Certification Boai"d 

Zoological Park Council 



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NORTH CAROLINA MANUAL 2003-2004 

The following are authorized by Secretary of Department of Environment and Natural 
Resources CG.S. 113A-223) 

Aquatic Weed Council 

Geological Advisory Committee 

Neuse-White Oak Citizen Advisory Committee 

Scientific Advisory Boai'd on Toxic Air Pollutants, Secretary's 

The following are authorized by Executive Order 
Geogiapliic Lifonnation Coordinating Council 

Other Boards and Commissions 

Mining Commission Education Committee 

Parent Advisoiy Council 

N.C. Zoological Society 

N.C. Aquaiium Society 

Friends of the Museum 

Eor more intormation about the Department oi Environment and Natural 
Resources, call (919) 733-4984 or visit the departments Web site at 
www.enr.state.nc.us. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



William G.Ross, Jr. 

Secretary of Environment and 
Natural Resources 

Early Years 

Bom June 8, 1947, m Marion, McDowell 
Count)s to William G. and Mary Ayer Ross. 

EducatJonalBackground 

Broughton High School, Raleigh, 1965; B.A. 
in History, Davidson College, 1969; J.D., 
University of Virginia Law School, 1972. 

ProfessionalBackground 

Attorney; Partner, Brooks, Pierce, McLandon, 
Mumphrey & Leonard. 

Political Activities 

Secretary of Environment and Natural 
Resources, 2001-Present. 

Business/Professional, Charitable/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 Mihtary Graduate, 
Infantry Officer Basic Course, Fort Benning, Georgia. 

Personal Information 

Married, Susan E. Gravely; Two children. Member, Chapel of the Cross Episcopal, 
Chapel Hill. 




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NORTH CAROLINA MANUAL 2003-2004 



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 VV Little' 


Wake 


1976-1977 


Howard N. Lee" 


Orange 


1977-1981 


Joseph W. Gnmsley' 


Wake 


1981-1983 


James A. Summer- 


Rowan 


1984-1985 


S. Thomas Rhodes" 


New Hanover 


1985-1988 


William 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 m 
government reorganization, renaming the agency the Department ol 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. 

Bradshavv^ was appointed by Governor Scott and seized until his resignation m 
1973. 

Harrington was appointed on January 5, 1973, by Governor Holshouser to replace 
Bradshaw. He resigned elfective February 29, 1976. 

Little was appointed on March 1, 1976, by Governor Holshouser to replace 
Harrington. 

Lee was appointed on January 10, 1977, by Governor Hunt to replace Little. He 
resigned effective July 31, 1981. 

Grimsley was appointed on August 1, 1981, to replace Lee. He resigned eltective 
December 31, 1983. 

Summers was appointed on January 1, 1984, by Governor Hunt. He resigned 
effective Januaiy 5, 1985. 

Rhodes was appointed January 7, 1985, by Gox'crnor Martin to replace Grimsley. 

Cobey was appointed by Governor Martin in January 1989. 



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THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

" McDevitt was appointed by Governor Hunt m August, 1997. 
^^ Holman was appointed by Governor Hunt m September, 1999. 



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NORTH CAROLINA MANUAL 2003-2004 

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 ofhcer. Appointed by the governor, the secretary holds 
statutory authority to plan and direct its programs and ser\'ices. The secretary is 
supported by a deputy secretary; an Assistant Secretary for Agmg, Long-Term Care ; 
and Family Ser\'ices and an Assistant Secretary for Health \ 

The Department of Health and Human Services' divisions include: j 

I 

Division of Aging j 

The Division of Agmg develops and manages several programs that enhance j 
the lives of North Carolina's older population. This division works with local j 
agencies across the state to promote services that make continued independent living 1 
a reality for the growing older adult population. 

Through this division, individuals and families can recei\'e information on the | 
availability ot home health, adult day care, nutrition programs, legal aid and other | 
semces m their own communities. Services are available to help active older adults j 
hnd jobs and volunteer programs m which they can continue to contribute to their 
communities. 

This division also provides information and support ser\'ices for family caregivers 
and acts as an advocate tor North Carolina's older adults with regard to the federal, 
state and county policies that affect their lives. 

The Division of Aging's central olRce staft administers its programs through 18 | 
area agencies on agmg. The area agencies provide grants for services to each county. 

Division of Services for the Blind 

This division provides eye-related medical sen-ices, independent living services 
and employment semces for North Carolinians who are blind and x'lsually-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, i 

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. 



322 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The division also offers services that make it possible for blind people to operate 
food service, vending and some other businesses. 

To help blind people achieve self-sufficiency, the Division of Services for the 
Blind offers a variety of specialized services that include instruction in Braille, 
computer and adaptive technology training, life skills, orientation and mobility 
training through the N.C. Rehabilitation Center for the Blind. 

Division of Budget and Analysis 

This division addresses the departments need for in-depth, on-gomg 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-mcome and other eligible parents get more 
affordable child care through blended state and federal subsidies. Sufficient 
availability of quality child care is a top priority in a state where over 200,000 
children spend part or all of their day in regulated child care. 

This division is responsible for coordinating the training of personnel who 
work m early childhood programs and for providing information about early 
childhood issues to parents and the general public. The division works hand-in- 
hand with communities to establish resource and referral agencies that help families 
gam access to the child care services they need. 

The division develops policy and manages funds for a variety of projects which 
enable local and regional agencies to provide training opportunities and pubhc 
information. Some of these projects include child care resources and referral services, 
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 for the 
Governor Morehead School for the Blind, Raleigh; the Eastern School for the Deaf, 
Wilson; and the Western School for the Deaf, Morganton. 

Division of Facility Services 

This division inspects, certifies, registers and Ucenses 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 facilities 



323 



NORTH CAROLINA MANUAL 2003-2004 

plan and adminisicrs the Cerlificate of Need Program to allocate facilities and ser\ices 
to meet the needs identilied within it. 

The division reviews health care facility designs and construction for safety and 
other concerns. It also administers the Health Care Facilities Finance Act, which 
authorizes the state Medical Care Commission to issue tax-exempt revenue bonds 
to nonprolit health care lacilities. These bonds are issued primarily for hospitals to 
build or expand programs and services m their communities. 

The division also oversees the effectiveness oi the states emergency medical 
services (EMS) system, issues permits for all ambulances m North Carolina, licenses 
all EMS providers m the state and certifies all local EMS personnel. The divisions 
other responsibilities include inspection and compliance enforcement, as well as 
construction approval, lor local jails. 

Dhision of Human Resources 

This division plans and administers a comprehensive program of human resource 
management that includes position classification, compensation and salary 
administration, policy analysis, employee and management development, human 
resource mlormation systems, employee relations and human resource business 
services. 

Dhision of Information Resource Management 

This division supports DfiHSs 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 sen'es 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. 

Dixision of Medical Assistance 

This dix'ision administers the States 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 inadec[uate to meet the cost ot health 
care are also eligible. 

Medicaid, jointly administered and financed by federal, state and county 
governnrents, pays for a comprehensive array ol seiTices including doctor visits, 
hospital stays, prescription drugs, eye care, dental care, nursing home and in-home 
services. County departments oi social services determine eligibility This division 



324 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

also administers N.C. Health Choice for Children, a low-costyno-cost program for 
children in lower income families that earn too much to qualify for Medicaid. 

Division of Mental Health, Developmental Disabilities and Substance 
Abuse Services 

North Carolinians affected by mental illness, drug or alcohol addiction or a 
developmental disability can receive assistance and support from the Division of 
Mental Health, Developmental DisabiUties and Substance Abuse Services. 

This division operates regional psychiatric hospitals for those who need in- 
patient psychiatric services. The department works with the statewide network of 
mental health programs in communities across the state. 

The 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 disabiUties. Regional mental retardation centers 
provide a wide range of services to people with severe and profound mental 
retardation and other related disabilities. 

For individuals challenged by the physical and mental effects of alcohol and 
other substances the division provides residential and outpatient treatment at three 
alcohol and drug abuse treatment centers. 

This division also funds and regulates a variety of outpatient, day treatment, 
residential and educational services available to people through area mental health 
centers in the states 100 counties. These community care programs are locally 
operated by area authorities managed by the local governments. 

Local programs help people in 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, vocational workshops, family respite, educational programs and other services 
needed by those with mental, developmental and addictive disabilities. 

Division of Public Health 

The Division of Public Health covers a wide range of programs and services, all 
aimed toward protecting and improving the health of people who live and work in 
North Carolina. 



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NORTH CAROLINA MANUAL 2003-2004 

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 lor 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 states geographic information system (CIS) which maintains a 
database ot natural and health-related mlormation. 

The Otlice of Post-Mortem Medicolegal Examination is a statewide public senice 
organization that provides health benehts to the states citizens. Medical examiners 
provide forensic expertise m deaths caused b\' criminal acts, suicides and any other 
suspicious, unusual or unnatural circumstances. The ofhce also investigates the 
deaths ot inmates m state penal institutions and any deaths that occur without 
medical attendance. 

The State Laboratoiy of Public Health provides testing, training and consulting 
services for local health departments, as well as providing primar}' laboraton' support 
for local health departments. The laboratory's test areas include cancer cytology, 
newborn screening, environmental sciences, microbiology and virology/serology 

Dental Health Seiwices provides preventive dental and educational ser\ices to 
the citizens oi North Carolina. Its seiTices include oral health screening and referral; 
fluoride mouth rmse, commumt)- 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 Othce of Minority Health works to improve the health status of racial and 
ethnic minorities by advocating policies, programs and ser\ices that increase access 
to public health. OMH works with state and federal health agencies, local health 
departments, community organizations and other public and private organizations. 
The ofhce provides partnership development, consultation, technical assistance, 
training and information dissemination. OMH also facilitates access to health care 
lor migrant farm workers and refugee populations. 

The Local Health Improvement Section focuses on building capacity at the local 
level to identify and address health-related needs and assessing and documenting 
the success ol local efforts to improve the health of North Carolina's citizens. The 
Olhce of Public Health Nursing and Professional Development is part of the Local 
Health Improvement Section. This oOice acts as a resource for policy-making related 



326 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

to public health nursing practice. It also provides technical assistance to local health 
departments in the areas of nursing practice, fiscal control/budgetary matters and 
organization of support staff and records management. The ofhce facilitates and 
provides training and education for the public health workforce. 

This division also includes the Women's Health, Children and Youth, 
Immunization and Nutrition Services sections. The sections' primary mission is to 
assure, promote and protect the health of women, children, adolescents and families 
in North Carolina. 

The sections' programs include primary and preventive health services for women 
of child-bearing age, children from infancy through adolescence and children with 
developmental disabilities and other special needs. The sections supports services 
provided by local health departments, physician offices, community health centers, 
schools, day care centers and other community organizations. 

Division of Services for the Deaf and the Hard of Hearing 

This division is responsible for the operation of 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 
and interpreter services. In addition to making resources and training opportunities 
available to persons who are deaf or hard of hearing, the centers also promote 
pubUc 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 hard of hearing in a wide range of situations. 

The Division of Services for the Deaf and the Hard of Hearing provides staff and 
administrative support to the N.C. Council for the Deaf and Hard of Hearing. This 
council is responsible for reviewing existing state and local programs for persons 
who are deaf or hard of hearing and for making recommendations to the Department 



327 



NORTH CAROLINA MANUAL 2003-2004 

of Health and Human Sen-ices and the dmsion for improvements of such programs 
and the need tor new programs or senices. 

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 indi\'iduals in need move tov^'ard 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 mteiTention and state-county special assistance. 

This division offers child support enforcement that ensures children receive 
financial support Irom 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 semces that place children with permanent caring families. The 
Division ol Social Ser\ices provides protective senices that identify youngsters who 
are at risk of abuse or neglect and provides help to assure them safety 

Di\isioti of Vocational Rehabilitation Setiices 

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 then- 
work sites to accommodate employees with disabilities. 

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 rehabilitation services that may 
include clinical treatment, personal counseling and educational preparation and 
restoration senices to help cUents become competitive m the ]ob market. The dixision 
also provides senices that encourage and reinforce independent and communit)' 
living for the disabled. 

The Division of Vocational Rehabilitation Services manages the Disability 
Determination Section (DDS) for the state. The DDS rules on disabUity claims filed 
under the Social Security Disability Insurance (SSDI), 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 disabihties — severe, 
chronic mental or physical impairments which begin at an early age and substantially j 



328 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

limit major life activities. The council promotes the prevention of developmental 
disabilities; identifies the special needs of people with developmental disabilities; 
and helps meet those needs through interagency coordination, legislative action, 
public awareness and advocacy. 

Office of Citizen Services 

This ofhce guides citizens through the human service delivery system. The 
office pro\'ides one-stop shopping in the Department of Health and Human Services 
by answering questions, cutting through red tape and ser\'ing as a clearinghouse 
for information on human services available to North Carolina citizens. 

The Office of Citizen Services pro\ides 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 services provided through DHHS. 

CARELINE, an information and referral service, provides callers with information 
on and referrals to human service agencies within 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 ofhce 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 pubhc service 
announcements. It also provides assistance in planning, editing and producing 
both external and internal communications such as newsletters, brochures, logos 
and special documents. 

Office of Controller 

This office manages all accounting and financial reporting functions, including 
payroll, cash receipts, cash disbursements, accounts receivable, accounts payable, 
fixed asset accounting, cost allocation and reimbursement, cash management, 
accounting systems development, internal accounting controls and resolution of 
financial audits. 



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NORTH CAROLINA MANUAL 2003-2004 

Office of Goveniment Relations 

This office handles Haison functions for the Department of Health and Human 
Services witii the North Carohna General Assembly, U.S. Congress arid federal 
agencies as well as the North Carolina Association of County Commissioners and 
other local goxernmental bodies. The oHice assists the secretary in developing and 
implementing key legislative and policy initiatives. 

Office of General Counsel 

This ofhce pro\'ides legal advice to the secretary and senses as the liaison between 
the secretary and the Attorney Generals Ottice. It monitors the detense ot all lawsuits 
hied against the department, the secretary, and department employees acting m their 
official capacity 

The ofhce is also responsible for review of Administrative Procedures Act riiles 
and monitoring their implementation. It participates in policy-making decisions as 
well as m the drafting and review of proposed legislation. 

Office of Research, Demonstration and Rural Health Development 

The principal mission of the Ofhce of Research, Demonstration and Rural Health 
Development is to strengthen and reinforce health services m rural areas by recruiting 
physicians and other health professionals to work in medically-underserved 
communities. The ofhce helps communities attract and recruit health care providers 
through the National Health Services Corps. 

The Ofhce of Research, Demonstration and Rural Health Development also 
supports rural hospitals with technical assistance and consultative ser\aces. Since 
Its founding m 1973, this ofhce 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 hrst state m the nation to recognize the importance of 
sending isolated, rural communities by setting up an ofhce to meet the needs ol 
those areas. 

Boards and Commissions 

Caiicer Coordinating and Conti^ol Advisory Committee 

Child Day Care Commission 

Commission on Anatomy 

Commission for the Blind 

Commission on Children with Special Health Care Needs 



330 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Commission for Mental Health, Developmental Disabilities and 
Substance Abuse Services 

Community ofButner Planning Commission 

Consumer and Advocacy Advisory Committee for the Blind 

Council on Sickle Cell Syndrome 

Developmental Disabilities Council 

DrugUse Review Board 

Eimergency Medical Services Advisory Council 

Home and Community Care Advisory Committee 

Independent Living Rehabilitation Advisory Committee 

Literagency 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 Services, 
call (919) 733-4534 or visit the department's Web site at www.dhhs.state.nc.us . 
For information on referrals, call CARELINE at (800) 662-7030. 



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NORTH CAROLINA MANUAL 2003-2004 



Carmen Hooker Odom 

Secretary of Health and Human 
Services 

Early Years 

Born in New Brunswick County to Joseph and 
Carmen Ingersoll DeFrates. 

EdncationalBackgrxnmd 

Lower Merion High School, Ardmore, Pa., 1962; 

O ^ til 

Bachelors m Sociology and Political Science, 
Springtield College, 1966; Masters m Regional 
Planning, University of Massachusetts at Amherst, 
1984. 

PtX)fessionalBackgrx)und 

Secretary, N.C. Department of Health and Human 
Services, 2001 -Present 

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. 

Per^sonal Information 

Married, Fountain Odom. Six children. Eight grandchildren. Protestant. 




Seaetaries of Health and Human Services' 

Name Residence 

Lenox D. Baker- Durham 

David T. Flaherty^ Wake 

Philhp J. Kirk, Jr.^ Rowan 

Sarah T. Morrow' Guilford 

Lucy H. Bode'^ Wake 

Phillip J. Kirk, Ir." Rowan 



Term 

1972-1973 

1973-1976 

1976-1977 

1977-1985 

1985 

1985-1987 



332 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Paul Kay>'e^ Wake 1987 

David T. Flaherty^ Wake 1987-1993 

C. Robm Bntt, Sr. Guilford 1993-1997 

H. David Bruton Moore 1997-2000 

Carmen Hooker Odom Wake 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. 

^ Kay)'e ser\'ed as interim secretary between March 2 and April 8, 1987. 

^ Flaherty was appointed on April 8, 1987, to replace Phillip Kirk. 



333 



NORTH CAROLINA MANUAL 2003-2004 

Department of Revenue 

The North Carolina Departmcnl o'i Revenue administers the state tax laws and 
collects taxes due the state in an impartial, unilorm and efficient manner. The 
department also accounts for the states tax funds; ensures uniformity of the 
administration ot the revenue laws and regulations; conducts research on revenue 
matters; and exercises general and specific supenision over the valuation and taxation 
ol 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 sen-ice and increase compliance. The Secretaiy of Revenue, 
who is appointed by the Governor and serves as a member of the Governors Cabinet, 
leads the agency. 

During the 2000-2001 hscal year, the department processed 9.3 million tax 
returns representing $18.3 billion m 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 in 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 certilied these amounts to counties for 
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 oi 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 ol real property as a source ot state revenue. 
That \'ear, the General Assembly created the Department of Revenue to take on the 
administration, enforcement and collection ol state taxes, including the new income i 
tax. 

The department also took responsibility for the mheiitance tax and the franchise 
and corporate tax assessments, which were lormerly administered by the Tax 
Commission. In May 1921, the new department employed a staff of 16 and a unit 
was tormed in October ot that year to collect the income tax. By the end oi the 
1921-22 hscal year, the department has grown to 30 employees and operating 
costs totaled $87,125. The department collected just over $3 million in income 
and inheritance taxes during that time. 

Without a permanent home, the department operated temporarily trom the 
Capitols Senate Chamber, clerks ottice and committee rooms. The agency relocated 



334 



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 Iranchise 
tax and Hcense taxes. 

During the 1924 session, the legislature approved plans to move the department 
to a new buildmg. In the meantnne, 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 m 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 hcense 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 m a Revenue Department field 
office m 1984. 

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 in 1969. By 1985, the state acquired the adjacent Brown-Rogers Building 
to house several department offices. A long-term solution to the Department's 
increasing need for space came in 1986 when the legislature approved construction 

335 



NORTH CAROLINA MANUAL 2003-2004 

of a new Revenue Building. In 1992, tlie department moved to the building it now 
occupies on Wilmmgton Street. 

The department has continued to seek mnovations 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 tiles and tax returns and providing information to taxpayers more quickly 

The Department of Revenue continues to use new technology to improve the 
service it provides North Carolina taxpayers. The department was honored m 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 efficiency. 

Other technological innovations have helped the department make filing income 
tax returns faster and easier for North Carolina taxpayers. In 1981, the department ' 
began ottering electronic filing for individual taxpayers through the Federal/State 
Electronic Filing Program in conjunction with the Internal Revenue Senice. The 
system allows taxpayers using software approved by the department to file their 
state and federal returns using a home computer or with assistance from a tax preparer. 
In 2001, more than 1.04 million individual income tax returns were filed i 
electromcall)'. In 2002, the Governor declared February "Electronic Filing Month" 
to encourage more taxpayers to file 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 mtormation 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 million in past due individual and corporate taxes by 2003. Through this 
effort, the department seeks to collect overdue taxes from taxpayers who have ignored 
rec[uests 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 tee 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 

336 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

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 semces possible. 

Under the Secretar)' of Revenue and the Deputy Secretar)- 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 Re\iew 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 & 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. 



337 



NORTH CAROLINA MANUAL 2003-2004 

Taxpayer Se/'Mces 

Taxpayer Assistance Division: The Taxpayer Services Division provides 
taxpayers with general assistance m 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 pa)anents and tax returns 

Exam/nation 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 oi the state. 

Unauthorized Substances Tax Division: Administers the excise tax levied \ 
on unauthorized substances. 

Information Technology 

Applications Development and Support Division: This dixision 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 functions. 

Quality Assurance: Quality Assurance manages the departments quality 
assurance system and disaster recovery 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 Ser\ices Division [• 
provides supplies and equipment lor the department. It also prints forms and! 
processes incoming and outgoing mail. 









338 



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 state's tax laws. 

Financial Services Division: The Financial Services Division maintains 
the department's 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 
departments overall operating efficiency. 

Planning: Manages the development and maintenance of the departments 
strategic business plans and performance measurement system. 

Personnel Division: The Personnel Division provides technical and 
administrative guidance and human resource sei'vices 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 departments 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. 
I 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. 



339 



NORTH CAROLINA MANUAL 2003-2004 

E.NorrisTolson 

Secretary of Rexenue 

Early Years 

Born Tarboro, Edgecombe County, on 
November 18, 1939, to Thomas Lester and 
Eftie Mae Proctor Tolson. 

EducatiofialBackgrowid 

South Edgecombe High School, Pinetops, 
1958; B.S. in Crop Science & Agribusmess, 
North Carolina State University, 1962. 

PtxjfessionalBackgrxtund 

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. 

Busuiess/Ptr)fessioiialy CliaritabWCivic or Convnunity Service Organizations 

Lions Club; College of Agriculture & Life Sciences Society; NCSU Education Eund. 

Elective or^AppointedBoaryis and Commissions 

Biotechnology Board; IRMC; Economic De\'elopment Board. 

Military Service 

Second Lt., U.S. Army 1963-65. 

Per^sonal Information 

Married, Betsy Cobb Tolson. Three children. Three grandchildren. Member, Pinetops 
United Methodist Church. 




340 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Secretaries of Revenue' 

Name 

Alston D. Watts^ 
Rufus A. Doughton^ 
Allen J. Maxwell^ 
Edwin M. Gill^ 
Eugene G. Shaw^ 
James S. Currie^ 
William A. Johnson^ 
Lewis Sneed High'' 
Ivie L. Clayton^*^ 
Gilmer Andrew Jones, Jr.'^ 
Mark H. Coble^^ 
Mark G. Lynch ^^ 
Helen Ann Powers^"^ 
Betsy Y. Justus'^ 
Janice H. Faulkner 
Muriel K. Offerman 
E.N orris Tolson 

^ 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." 



Residence 


Term 


Iredell 


1921-1923 


Alleghany 


1923-1929 


Wake 


1929-1942 


Wake 


1942-1949 


Guilford 


1949-1957 


Wake 


1957-1961 


Harnett 


1961-1964 


Cumberland 


1964-1965 


Wake 


1965-1971 


Wake 


1972-1973 


Guilford 


1973-1977 


Wake 


1977-1985 


Madison 


1985-1990 


Bertie 


1990-1993 


Pitt 


1993-1996 


Duplin 


1996-2001 


Edgecombe 


2001 -Present 



341 



NORTH CAROLINA MANUAL 2003-2004 

' Walls was appoinled b)- Governor Morrison and ser\'ed uniil his resignation on 
January 29, 1923. 

^ Doughlon was appoinled h\ Governor Morrison lo replace Walls. He was elecled 
in ihe general eleciions m 1924 and served iollowing re-eleclion m 1928 uniil 
March, 1929. 

"* Maxwell was appointed by Governor Gardner lo replace Doughlon and served 
following subsequent reappointments until June, 1942. 

^ Gill was appointed by Governor Broughton lo replace Maxwell and served 
following his reappointment until his resignation effective July 1, 1949. 

" Shaw wiis appointed b)- Governor Scott to replace Gill and served following his 
reappointment until his resignation in August, 1957. 

' Currie was appointed by Governor Hodges to replace Shaw and sen-ed until his 
resignation m January, 1961. 

'^ Johnson was appointed by Governor Sanford lo replace Currie and ser\'ed until 
April, 1964, when he was appointed to the Superior Court. 

'^ High was appointed by Governor Sanford to replace Johnson and sen^ed until 
his resignation m January 1965. 

'^^ Clayton was appointed by Governor Moore lo serve as acting commissioner. He 
was later appointed commissioner and served following reappointment by 
Governor Scott on July 21, 1969 until his resignation effective December 31, 
1971. 

^ ^ Jones wias appointed by Governor Scott to replace Clayton and continued sening 
until Coble took ofhce. 

'- Coble was appointed on June 8, 1973, by Governor Holshouser lo replace Jones. 

^' L}aich was appointed on January 10, 1977, to replace Coble. 

^^ Powers was appointed January 7, 1985, by Governor Marlm to replace Lynch. 

^^ Justus was appointed May 1, 1990 by Governor Martin to replace Powers. 



342 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Transportation 

The North Carolina Department of Transportation (NCDOT) provides a system 
to transport people and goods effectively, efficiently and safely while rendering the 
highest level of 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, feriy servdce, mass transit and rail, as well as 
highways and motor vehicles, are the responsibility of the department. The Board 
of Transportation, the chief policy-making body of the department, awards all 
highway contracts and sets transportation priorities. The staff executes the initiatives 
of the board and is responsible for day-to-day operations. 

Division of Highways 

The Division of Highways administers state road planning, design, construction 
and maintenance programs and policies estabUshed by the Board of Transportation. 
North Carolina's highway program uses available resources to construct, maintain 
and operate an efficient, economical and safe transportation network. This division 
is responsible for the upkeep of the largest state-maintained highway system in the 
country. It utilizes both state and federal funds m 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 hnancing 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 



343 



NORTH CAROLINA MANUAL 2003-2004 

better roads. By 1895, most of the states progressive counties had established tax- 
based road building plans. 

As the new century neared, interest m better roads spread from the mountains 
to the coast. A Good Roads Conference m 1893 attracted more than 100 business 
and government leaders from throughout North Carolina. They organized the North 
Carolina Road Improvement Association and promoted meetings the following 
year m Chapel Hill, Raleigh and Charlotte. Before 1900, most decisions concerning 
transportation were dictated by immediate local needs. Little thought was given to 
long-range transportation goals on a statewide basis. The concept of a statewide 
system existed only m the mmds of a few visionary people. Well into the new 
century, state policy was limited to assisting counties m 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 Carolmas highway system 
one of the best m 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 hrst 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" ot the roads movement m this state. Each headed 
the North Carolina Good Roads Association during the two critical decades in 
which that association led the struggle for better roads across North Carolina. 

Holmes was a driving force behind the good roads movement long before the 
development ol organized efforts to promote the cause. He was a prime mover in 
establishing the Good Roads Association and ser\'ed as its tirst executive secretar\-. 
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 lor that purpose. His advice was followed. Counties issued a total 
of $84.5 million m road construction bonds before the practice was halted in 1927. 

Yet, Pratt s most important contribution to North Carolina may have been 
bringing Harriet M. "Hattie" Berry of Chapel Hill into the association of good roads 
advocates. Miss Berr\' c[Uickly became an uncompromising force m the campaign. 
She pushed lor establishment of a State Highway Commission and, m 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 



344 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

carried into 89 counties and, in 1919, when the bill was reintroduced, Miss Berry 
appeared before the legislature to answer any lingering questions. When the final 
vote came, the decision was not whether to build roads, but what kind of roads to 
I 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. Follovvdng 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 miUion 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 pubhc service needs, a potentially devastating course for the highway 
! system. It was at this critical time that the state, under the leadership of Governor O. 
Max Gardner, assumed responsibility for all county roads and an allocation of $16 
.million was made for maintenance. 

i 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 

jresponsibiUty 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 

j General Assembly recognized the damage caused to the roads system by years of 

'neglect and allocated $3 million in emergency funds for bridge repair in 1935. 

Later in the session, more comprehensive action was taken to restore the financial 

stability of the road program. For the next five years. North CaroHna 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 11 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 obUgations. 



345 



NORTH CAROLINA MANUAL 2003-2004 

Despite the interruption ol the war years, North Carolina's road buildiiig progress 
h"om 1937 to 1950 was dramatic. Road mileage during the period rose h'om 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 j 
farms. But little cause existed for pride m the condition of school bus routes and 
farm-to-market roads. 

In his campaign for governor in 1948, Kerr Scott rebuked his primary opponent, 
Charles Johnson, for advocating a $100 million secondaiy roads bond issue. After 
defeating Johnson, Scott reassessed the situation and again concluded that his 
opponent had been wrong in suggesting a $100 million bond issue. Scott instead 
requested $200 million from the states voters. Despite strong opposition from 
urban leaders, the bond issue was approved. Work began immediately to pave 
thousands of miles of rural roads that previously had been impassable in bad weather. 
By the end of the Scott administration, construction promised m the bond project 
was 94 percent complete. 

Neither the proposal to borrow money for road building nor popular support 
of the proposal was surprising. Borrovv'ing 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 millic^n 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 slates 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 
Salety 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 Impro\'ement Program 
(TIP). The TIP is a planned and programmed schedule of the states major highway 
construction that balances projected construction costs against anticipated revenues, i 
The TIP is updated annually to add new projects and adjust priorities. 

The N.C. Board ot Transportation makes linal decisions on new projects and 
priorities each year after local olhcials and interested citizens express views and 
make recommendations on their tuture highway needs. This approach to meeting 
North Carolmas transportation needs has expanded to include aviation and public 
transportation projects. Other changes also improved reliability and responsiveness. 
Under Governor Bob Scott, the Board ol Transportation expanded to 24 members, 



346 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

and during the Holshouser administration, the department moved to formulate 
funding 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 pro\ides 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. 

In 2002 the General Assembly established the North Carolina Turnpike 
Authority, which is authorized to construct, operate and maintain up to three toll 
roads in the state. The authority is also authorized to study, plan, develop and 
prepare preliminaiy designs for three additional toll roads that will require legislative 
approval to build them. Toll roads will offer motorists living m congested areas 
another transit route. These roads will also relieve the burden on other highways 
and enhance our states overall economic competitiveness. The North Carolina 
Turnpike Authority will complement the Department of Transportations ongoing 
congestion management efforts. 

Senate Bill 1005, passed by the N.C. General Assembly in 2001, allows the 
department to use $470 milUon from Highway Trust Fund cash balances to pay for 
much-needed maintenance projects across the state. This landmark bill also enables 
the department to use a portion of its cash balances for preliminary engineering 
costs not included in the current-year Transportation Improvement Program, such 
as computerized traffic signal systems, signal optimization projects and public 
transportation projects. 

In 2003 Governor Mike Easley signed into law "N.C. Mo\dng Ahead!" a two- 
year, $700 million transportation and economic stimulus package. Through this 



347 



NORTH CAROLINA MANUAL 2003-2004 

program NCDOT will invest $630 million in highway preservation and 
modernization and $70 million in public transportation. The initiative is expected 
to make a $4 billion economic impact and create 30,000 jobs, as well as improve 
2,200 miles ol stale-maintained highway. Together, Senate Bill 1005 and "N.C. 
Moving Ahead!" will enable the department to invest an additional $1 billion in 
highway maintenance and public transportation projects. 

At the beginning ol the century. North Carolina was a state of relatively few, and 
incredibly poor roads. Only 5,200 miles of state roads existed m 1921. From that 
inauspicious beginning, the highway network has grown to more than 78,000 
miles, the second-largest state-maintained system m the nation. \ 

The Division ol Highways manages various programs and olhces across the I 
state, including the following three programs: ' 

Beautification Program 

The Ofhce of Beautification 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 m 1988, more than 12,500 miles of state-maintained 
roads have been adopted by 6,000 volunteer groups and 150,000 participants. 
This active participation makes North Carolmas program one of the largest anti- , 
littering efforts ol 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-littermg educational effort. It 
gives eveiy citizen the opportunity to be an active participant m keeping our highways 
clean. Citizens report littering incidents they observe and educational letters are 
sent to otlenders. 

Scenic Byways Program 

NCDOT has designated 45 scenic byways to give visitors and residents the . 
opportunity to explore some of North Carolmas hnest less-traveled routes. The 
routes encompass North Carolina history, geography and culture, by taking motorists 
along cascading waterfalls, rich marshlands, sheer cUffs, outdoor dramas, aquariums, 
museums, old battlegrounds and state parks. Varying in length from three to 173 i 
miles, the designated scenic byways cover more than 1,600 miles of North Carolina 

roadways. ( 

! 

Work Zone Safety Program 

This program was created m 1990 to focus on disseminating safety messages ' 
to its target audiences by using diverse and creative methods. The department has 
created campaign slogans that focus on fatality trends. The latest slogan is "Drive ; 
Smart; Do Your Part," which emphasizes the need for motorists to take action when i 



348 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

they are driving through work zones. Their actions can affect other people's lives. 
Buddy Barrel and Connie Cone — the programs mascots — are used as an outreach 
tool to engage children and adults alike in an effort to increase safety awareness. 
Also, the department partnered with the American Traffic Safety Services Association 
(ATSSA) to produce a video about work zone safety for teen drivers. The goal of the 
program is to reduce accidents and decrease fatalities in North Carolina work zones 
The program continues to use creative methods, such as slogans and mascots, to 
achieve this goal. 

Division of Motor Vehicles 

The Di\^sion of Motor Vehicles (DMV) has more direct contact with citizens 
than any other state agency. This division serves more than 2.4 million drivers and 
registers more than seven million vehicles each year. 

The General Assembly created the State Department of Motor Vehicles in 1941 
to consolidate services previously provided by the Secretary of State and the 
Department of Revenue. During the reorganization of the executive branch in 1971, 
the Department of Motor Vehicles became a division under the Department of 
Transportation. The Division of Motor Vehicles is comprised of three major sections: 
Drivers License, Vehicle Registration and License & Theft. 

The Vehicle Registration Section is responsible for titling and licensing 16.5 
million vehicles and collecting over $900 million in revenue each year. It manages 
the operations of 128 contract Hcense plate agencies located throughout the state, as 
well as the state-operated offices in Raleigh and Charlotte. Vehicle Registration also 
administers the International Registration Plan (IRP) that is responsible for registering 
vehicles in the trucking industry that travel both interstate and intrastate. The IRP 
also monitors insurance coverage and provides administrative support for mileage 
audits. DMV On-line Services has led the way for state governments e-commerce 
initiatives. Recent enhancements include the development of Internet services to 
inquire on personalized plate availability and to order personalized and special 
plates. Other on-line services include registration renewals, duplicate registration, 
International Registration Plan registration and liability insurance services. The section 
has also implemented a process that enables automobile dealerships to directly 
input transactions into the sections database. 

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 Hcense program, creating 
new testing and Ucensing standards for truckers. Some of the toughest standards in 
the nation for proof of identification were implemented to combat identity theft and 
fraud. 



349 



NORTH CAROLINA MANUAL 2003-2004 

The Traffic Records Branch of the Drivers License Section is the official storehouse 
for state accident reports. All law enforcement agencies m North Carolina hie 
reportable accidents with this section. 

The School Bus and Traffic Safety Branch was recognized m 1991 as the nations 
most outstanding state agency teaching defensive driving. This branch trains school 
bus drivers and supplements a passenger safety training program for young drivers, 
it teaches safe driving courses for drivers with excessive points on their driving 
records. North Carolina is one of the hrst states m the nation to implement new 
federal standards for school bus drivers. 

In 2003, The North Carolina General Assembly transferred the functions of the 
DMV Enforcement Section to the State Highway Patrol of the N.C. Department of 
Crime Control and Public Safety. The primary function of the State Highway Patrol 
Enforcement Section is to promote highway safety and to enforce all state and federal 
laws regulating motor vehicle and commercial vehicle operations. The License & 
Theft Bureau remains under the Division of Motor Vehicles and enforces all state 
and federal laws which regulate motor vehicle operations, theh and sales and 
inspection maintenance. It conducts investigations that prevent fraud, imposition 
and other abuses. The bureau conducts criminal, civil and administrative 
investigations into automotive theft, notice and stored vehicles, automotive salvage, 
dealer licensing, drivers license fraud and identity fraud, ficensing safety inspections 
stations and mechanics, odometer fraud and speciaf investigations. 

The strong emphasis on safet)' m the Du'ision of Motor Vehicles' operations 
helps make North Carolina's roads among the safest m the nation. As the number 
of vehicles and drivers continue to grow, DMV strives to serve the public in a 
courteous, efhcient and professional manner. 

Division of A\iation 

North Carolina, the birthplace of modern aviation on December 17, 1903, has 
kept pace with advancement m that important held through the Division of Aviation. 
On December 17th, 2003, the state ceiebrated the 100th anniversarv of the Wright 
Brothers' historic hrst flight. 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. 

State government aviation functions hrst began in 1965 under the direction of 
the Department of Conservation and Devefopment. In 1973, responsibility for 
aviation was transferred to the Department of Transportation. NCDOT's Division of 
Aviation was formally established one year later. 

The Divasion of Aviation provides technical assistance and funding to help dex'elop 
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. 

350 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

The Dmsion of A\aation 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 
rc\ision is to re-evaluate the pubUcly-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 
economic growth. The division currently provides grants to and works with 74 
publicly-owned and operated airports, nine of which have commercial service while 
the remaining 65 are general a\aation. 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 
li\' the governor with one representative from each congressional district plus two 
ai-large members. The council serves as North Carolina's advisory board on grants 
and other aviation matters. 

Public Transportation Division 

Public transportation is important to the states economy, pro\iding 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 
like Smart Start. 

Public transportation is essential m helping low-income citizens get to work. 
For senior citizens, people with disabilities and others without access to personal 
vehicles, public transportation provides a \^tal link to the community. Clients of 
human service agencies and senior citizens centers depend on public transportation 
to fulfill everyday needs, especially m rural areas. Public transport is crucial to 
maintaining quaUty of life and continued economic prosperity throughout the state. 

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 20 cities across the state, transporting more 
than 48 million passengers each year. Choices include van-pooling, rural van and 
urban bus services with plans for commuter rail service in the Triangle area and the 
Piedmont. In addition, citizens have affordable intercity bus service between many 
towns and cities across the state. 

Rail Division 

Rail has long been a fundamental component of North Carolina's transportation 
•network. For nearly three decades, the department has worked to promote, preserve 
and develop the state's railroads as a part of an efficient multi-model transportation 
network by investing significant funds to develop and improve both freight and 
passenger rail services. Top priorities for the Rail Division include improving safety 
at railroad-highway crossings, preserving and modernizing railroad tracks, 



351 



NORTH CAROLINA MANUAL 2003-2004 

purchasing inactix'c rail corridors and providing, marketing and improving state- 
sponsored mtercily passenger rail service. 

The division works with communities across the state to make rail-highway 
crossings safer. Therough the Sealed Corridor Program, the state has protected every 
public crossing between Raleigh and Charlotte with tour-quadrant gates, median 
barriers and/or long gate arms that "seal" the corridor and help prevent crossing 
accidents and latalities. 

hi 1998, North Carolina invested $71 million to purchase the remaining private 
shares ot the state-owned North Carolina Railroad. Owning the 317-mile railroad 
that stretches through the heart of the state from Charlotte to Greensboro, Raleigh 
and Morehead City gives the state a unique asset and opportunity to shape the 
future of passenger and freight rail services. In the past tv^'o years, the Rail Division 
invested $25 million m trrack improvements between Raleigh and Greensboro to 
improve safety, capacity and reliability on the railroad. The improvements will reduce 
travel time b)' more than 30 minutes and help ensure that both treight and passenger 
trains can operate etiiciently along one ot the Souths busiest railroads. The division [ 
also administers a revitalization program to maintain senice on light-density branch I 
lines and purchases inactive rail corridors to protect them from abandonment and 
presence them for future use. 

Twelve passenger trains provide daily service along six routes to 16 North 
Carolina cities and towns. In addition, a new shuttle offers easy connections between 
the High Point station and dowTitown Winston-Salem. North Carolina s state-owned 
Piedmont provides daily round-trip serMce from Raleigh to Charlotte. The Cayoliman 
provides daily, round-trip passenger service along the same route from Charlotte lo 
Raleigh with continuing service to Washington, D.C., and New York City. Both 
trains are jointly operated by NCDOT and Amtrak. Four long-distance passenger 
trains — the Crescent, Silver Meteor, Silver Star and Palmetto — travel through the 
state providing service to destinations throughout the country The Rail Division 
has been working hard to renovate historic stations, develop new multi-modal 
transportation centers and make traveling more comfortable and easier. In recent 
years, stations have been restored in Burlington, hlamlet, High Point, Rocky Mount, , 
Salisbury, Selma, Southern Pines and Wilson and a new station has been built in 
Kannapolis. In 2005, train sendee will return to the newly-restored Greensboro' 
depot. 

In 1992, the U.S. Department of Transjiortation designated the Washington,, 
D.C., to Charlotte rail corridor as one of hve national high-speed rail corridors. Ten. 
years later, the NCDOT Rail Division completed the Rrst round of environmental, 
studies and recei\'ed tederal approval on the Southeast High Speed Rail Route. Thei 
division is now conducting more detailed environmental studies needed to secure 
permits and begin construction on the high-speed rail corridor that will connect 
Washington, D.C., with Richmond, Va., Raleigh and Charlotte. 



352 



k 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Ferry Division 

The Ferry Division is the second largest state-owned and operated ferry system 
in the United States and one of the oldest services provided by NCDOT. The state 
began subsidizing a few private ferry shuttle routes in 1934. The state 
transportation department started regular ferry service operations in 1947. Given 
division status in 1974, the Ferry Division owns and operates 24 vessels along 
North Carolina's coast. It also maintains an in-house shipyard at Manns Harbor 
for all repair work. Each year nearly 2.5 million residents and visitors ride the 
ferries. 

Division of Bicycle and Pedestrian Transportation 

Walking is the most universal form of transportation and bicycling continues 
to be a steadily-growing mode of transportation m North Carolina. 
Accommodations for walking and bicycling have the fewest negative impacts on 
the environment while offering excellent countermeasures to our states problems 
with air quality. 

North Carolina has more than 5,000 miles of designated bicycle routes, mostly 
along lightly-traveled, scenic country roads. The Division of Bicycle and Pedestrian 
Transportation has developed the nations largest network of mapped and signed 
bicycling highways. Each year many thousands of out-of-state visitors join residents 
of North Carolinain riding on sections of the states bike route network at the coast, 
in the piedmont and in the mountains. 

The Division of Bicycle and Pedestrian Transportation is the nations most 
comprehensive state DOT bicycle and pedestrian program offering planning, design, 
funding, mapping and safety education components in support of the state s growing 
on-road and off-road facilities. Greenways, rail trails, multi-use trails, bike lanes, 
wide paved shoulders, overpasses and underpasses are examples of construction 
projects in towns and cities throughout the state that are being planned, designed 
and funded by this division. It serves an integral role in ensuring that new highways 
and bridges have appropriate accommodations for bicyclists and pedestrians. 



Boards and Commissions 

North Carolina Aeronautics Council 

North Carolina Bicycle Committee 
North Carolina Board of Transportation 
North Carolina Rail Advisory Council 

For further information about the Department of Transportation, call (919) 
733-2522 or visit the departments Web site at www.ncdot.org 



353 



NORTH CAROLINA MANUAL 2003-2004 



Walter Lyndo Tippett 

Secretary of Transportation 

Early Years 

Born in Emit, Johnston County, on September 
30, 1939 to Bruce and Cenie Whitley Tippett. 

EducatknialBacJzgrxnuid 

Graduate, Corinth Holders High School, Zebulon, 
1957; Attended the University of North Carolina 
at Chapel Hill; B.S. m Accounting, Barton College, 
1963. 

Political Activities 

Secretary ot Transportation, 2001 -Present. 

Busijicss/Pixjfessional, Charitable/Civic or 
Community Service Organizations 

AlCPA; NCCPA; Trustee, Methodist College. 

Elective or Appointed Boards and Commissions 

Member, N.C. Board of Transportation, 1993-2001; Chair, Fayetteville Chamber 
of Commerce; Chair, Fayetteville Public Works Commission, 1988-96. 

Military Service 

SU.S. Army Reser\'es, 1963-69. 

Honors andAwards 

NCCPA Public Service Award; Fayetteville Realtors Cup. 

Personal Information 

Married, Lou P Tippett. Two children. Member, Haymount United Methodist 
Church. i 




Seaetaries of Transportation' 




Name 


Residence 


Fred M. Mills, Jr.- 


Anson 


Bruce A. Lentz^ 


Wake 


Troy A. Doby^ 




Jacob F Alexander, Jr.^ 


Rowan 


G. Perry Greene, Sr." 


Watauga 


Thomas W Bradshaw, Jr.' 


Wake 


William R. Roberson, Jr." 


Beaufort 


James E. Harrington'^ 


Wake 


Thomas J. Harrelson^'' 


Brunswick 


R. Samuel Hunt, 111 


Alamance 


Garland Garrett 


Wake 



Tevm 

1971- 

1973- 

1974- 

1975- 

1976- 

1977- 

1981- 

1985- 

1989- 

1993- 

1995- 



1973 
1974 
1975 
1976 
1977 
1981 
1985 
1989 
1993 
1995 
1998 



354 



ih 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Secretaries of Transportation^ (continued) 

E. Norris Tolson Edgecombe 1998-1999 

David T. McCoy^^ Orange 1999-2000 

Walter L>'ndo Tippett Cumberland 2001 -Present 

^ The Executive Organization Act of 1971 created the "Department of Transportation 
and Highway Safety" with provision for a "secretary" appointed by the governor. 
In 1977 "Highway Safety" was dropped. 

^ Mills was appointed by Governor Scott. 

^ Lentz was appointed on January 5, 1973, by Governor Holshouser to replace 
Mills. He resigned June 30, 1974, 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. 

5 Alexander was appointed on April 25, 1975, by Governor Holshouser to replace 
Doby. He resigned effective April 20, 1976. 

^ Greene was appointed on April 20, 1976, by Governor Holshouser to replace 
Alexander. 

'^ Bradshaw was appointed on January 10, 1977, by Governor Hunt to replace 
Greene. He resigned effective June 30, 1981. 

^ Roberson was appointed July 1, 1981, to replace Bradshaw. 

^ Harrington was appointed January 7, 1985, by Governor Martin to replace 
Roberson. 

^° Harrelson was appointed by Governor Martin on December 15, 1989 to replace 
Harrington. 

" McCoy was appointed by Governor Hunt and sworn into ofhce on June 29, 
1999. 



355 



NORTH CAROLINA MANUAL 2003-2004 

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 vv^as 
North Carolina's tirst slate controller and served from February, 1987, to 1988. I 
Fred Wesley Talton served from 1988 to 1993. Edvv'ard Renfrow sensed from 1993 
to 2001. Current State Controller, Robert L. Powell, assumed olhce on July 1, 
2001. 

The State Controller is the states 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 states financial entity. The purpose of the NCAS is to maintain, 
lor the benefit of central and agency managers, timely, reliable, accurate, consistent 
and complete financial, budgetary and management information on North Carolina 
state government. Three major divisions comprise the Office of the State Controller: 

Statewide Accounting Division 

The Statewide Accounting Division is responsible for day-to-day and procedural 
control of agencies operating within the NCAS environment. The division estabfishes 
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, quarterl)' and annual reporting on the 
financial condition and results of operations of the state entity Another major 
responsibility involves administering electronic commerce initiati\'es and 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 Division 

The Financial Systems Division designs, develops, implements and maintains 
the policies, procedures and software that form the North Carolina Accounting 
System (NCAS). It provides agency implementation, lunctional and technical systems 
administration, cfient 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 soltware; sottware that provides on-line report viewing and printing 
capabilities and client/server-based decision support sofiware. 



356 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Administration Division 

This division is responsible for the overall support of the Office of the State 
Controller (OSC). Services include; Business Services, which represents a broad 
range of accounting functions including accounts payable, accounts receivable, fixed 
assets, budgeting, purchasing, maintenance of the accounting system, financial 
reporting, switchboard operator/receptionist duties and building security and 
maintenance; and Personnel Services, which includes recruitment/selection, 
employee benefits, maintenance of personnel records, employee relations and 
personnel policies and procedures. The division operates Risk Mitigation Services, 
providing independent risk assessments of the various functions and operations 
statewide, as well as internally to OSC, through statewide internal control compliance 
reviews, internal audits (information systems, financial and performance audits) 
and special investigations. This section implements an information security program 
and coordinates OSCs business continuity/disaster recovery efforts. External 
Communications and Administrative Services provides legislative coordination, 
public records compliance and media and pubHc inquir)^ response. 

For more information about the Office of the State Controller, call (919) 981- 
5454 or visit the departments Web site at wva\^.osc. state. nc. us . 



Robert L Powell 

State Controller 

Early Years 

Born m Oxford, Gran\alle County, July 20, 1949, to 
James B. and Mittie Belle Riggan Powell. 

EducationalBackground 

Graduate, J.P Webb High School, Oxford, 1967; B.S. 
in Business Administration, Atlantic Christian (Barton) 
College, 1971. 

ProfessionalBackground 

State Controller. 

Business/Professionalf Charitable/Civic or Community Service Organizations 

National Association of State Auditors, Comptrollers and Treasurers National 
Association of Budget Officers; National Association of State Comptrollers. 

Honors andAwards 

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. 




357 



NORTH CAROLINA MANUAL 2003-2004 

State Controllers 

Name Residence Term 

Farris W Womack 1987-1988 

Fred Wesley Talton Wake 1988-1993 

Edward Renfrew Johnston 1993-2001 

Robert L. Powell Wake 2001 -Present 



358 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

State Board of Elections 

The framework of North Carohna's election laws was constructed in 1901, 
revised substantially in 1933 and again in 1967. Along with these changes came 
the important audit trail to ensure voters that elections were wtually free from 
fraud. 

In 1969 the General Assembly adopted full-time offices in the states 100 counties 
for voter registration and election administration. Then, m 1971, North Carolina 
implemented a uniform municipal election code to guarantee that state voters need 
only register one time at one place to quaUfy to vote in any election in which they 
were eligible to vote. In 1993, Gary O. Bartlett was appointed Executive Director, 
becoming the third person to serve in that capacity. 

In 1994, the North Carolina General Assembly adopted N.C. General Statute 
Article 7Ato comply vvdth the National Voter Registration Act of 1993 (NVRA) and 
the state board successfully initiated mail-in voter registration, a procedure that 
simpUfied 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 
in 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 significantly 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 miUtary service members and their dependents 
abroad. The process uses a combination of facsimile and electronic mail for election 
materials and ballots. 

The General Assembly made the State Board of Elections an independent agency 
in 1974. The five members on the State Board of Elections are appointed by the 
governor for 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 state 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: 



359 



NORTH CAROLINA MANUAL 2003-2004 

Administration 

This unit includes general supervision of 100 county boards of election and 
four municipal boards of election m administering elections and related laws, 
certilying election results, voter outreach, voter registration, absentee voting, 
education/training, investigations/audits and legal matters. 

Campaign Repotting 

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 m preparation for the state 
board to hold evidentiar}' hearings; providing for electronic hlmg; and conducting 
trainm^j;. 

Infonnation 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 public. 1 

In 1995, the State Board of Elections olticially created the North Carolina State I 
Board of Elections Certification m Elections Program with an appointed Certification 
Board. The program is a means of enhancing election expertise; providing uniformity I 
and equal application of laws throughout the state; raising the level of professionalism 
of elections otticials and encouraging them to expand their knowledge through 
continuing education by meeting stringent requirements to become ccrtilied. Eor 
further instruction, three training videos entitled Nine Steps to a Successful Heaving, 
Mamtaimn'-' the Publics Trust and Accessible Precincts Mcdn Accessible Elections. The 
Ccrtilication m Elections Program continues to grow and expand by having the 
staff ol the State Board of Elections develop on-line courses and with the possibility 
of branching out to include precinct ofhcials as a certified group. 

The State Board ol 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 i 
each county. 

The State Board ol 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 belore or alter 
an election. Protests are filed with the county board ol elections oi the county m i 
which the protest originates, followed by a public hearing on the complaint and a J 

i 
I 

360 ' 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

decision to either uphold or deny the complaint. Decisions rendered by a county 
board of elections may be appealed to 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 in primary and general elections and certifies all voting equipment. The Voting 
Rights Act of 1965 requires election entities to ensure that racial or ethnic minorities 
have equal access and opportunity to participate in elections. With the state's 
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 in training precinct ofhcials in 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 hrst state-developed, statewide election information system (SEIMS) 
was implemented. SEIMS connects all 100 counties through a consolidated system 
and statewide database connected through the statewide area network. This faciUtates 
the exchange of electronic information between all the counties. The major functions 
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 pubUc. 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 \isit the board's web site at www.sboe.state.nc.us. 



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NORTH CAROLINA MANUAL 2003-2004 



GaryO.Bartlett 

Executi\e Director/ Secretary 

Early Years 

Born in Goldsboro, Wayne County, June 27, 
1954, 10 Oz and Carolyn Lassiter Barllett. 

EducationalBackgtxnmjd 

University of North Carolina at Chapel Hill, B.A., 
1976, History 

PiX)fessionalBacfiground 

Executive Secretary/Director, State Board of 
Elections, 1993-Present. 

Political Activities 

Legislative Assistant to Congressman H. Martin 
Lancaster, 1990-93. 

Business/Professional, Charitable/Civic or Community Seruice Organizations 

Board Member, Election Center, 1998-Present; Co-Chair, National Task Force of 
Election Accessibility, 1999-Present. 




362 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Office of Administrative Hearings 

The Office of Administrative Hearings (OAH) is an independent, quasi-judicial 
agency which was estabUshed 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 seq. and 
references Article III, Section 11 and Article IV, Section 3 of the North Carolina 
Constitution as authority for the establishment of 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 to protect the due process rights of its citizens. As a 
consequence of this policy, North Carolina operates under what is referred to as the 
"central panel" system of administrative adjudication. Simply stated, this means 
that the Administrative Law Judges are employed independently of the agency that 
investigates and prefers charges against the regulated parties. As a result, there is no 
perception of a conflict or interference from the agency which is a party to the 
contested case hearing. 

OAH's central panel adjudicatory functions are found in N.C. General Statute 

150B, Article 3 of the Administrative Procedure Act (APA), but OAH has concurrent 

jurisdiction with certain autonomous agencies, primarily professional and 

occupational Ucensing boards, under the parallel adjudicatory procedures set out 

in Article 3A. In contrast to Article 3A, Article 3 confers in 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 of cases arising out of 

i public employment, alcoholic beverage control, environmental permitting and 

i penalties, child day care and nursing homes, hospital certificates of need, competitive 

j bidding for state projects and special education in public schools. 

Besides administrative hearings, there are two other major functions of OAH. 
The first deals with the procedures that govern rulemaking in North Carolina. Article 
2A of the Administrative Procedure Act (APA) (Chapter 150B) provides for a uniform 
procedure for the adoption of emergency, temporary and permanent rules and 
authorizes OAH to publish the North Carolina Register and the North Carolina 
Administrative Code. Except for exemptions found in G.S. 150B-l(d), all state agencies 
are required to follow this uniform procedure for publishing notice of proposed 
rules, conducting pubUc rulemaking hearings and receiving public opinion and 
filing emergency, temporary and permanent rules for codification. 

OAHs Chief Administrative Law Judge is the Codifier of Rules. Under certain 
emergency conditions, agencies may adopt emergency rules. As mandated by G.S. 
150B-21.1A, the Codifier must review the agency's written statement of findings of 
need for the emergency rule to determine if the findings meet the criteria for an 
emergency rule before the rule is entered into the Code. 



363 



NORTH CAROLINA MANUAL 2003-2004 

OAH is responsible for compiling and distributing the North Carolina Register 
and the North Carolina Administrative Code. The North Carolina Register must, by 
law, be published at least twice monthly. The Register typically contains temporary 
rules entered mto the Code, the text of proposed rules and the text of permanent 
rules approved by the Rules Review Commission, emergency rules entered into the 
Code executive orders of the governor, an index to published contested case decisions ! 
issued by OAH and other notices required by or affecting G.S. 150B. The North ; 
Carolina Adnunistrative Code is a compilation of administrative rules adopted by 
approximately 26 state agencies and 50-plus occupational licensing boards. Both 
documents are available on the OAH web site. 

The staff of the Rules Review Commission was transferred back to the OAH 
effective October 1, 2004. The Rules Review Commissions statutory functions are , 
also found m Article 2A of the APA. The commission is responsible for the review 
of all proposed administrative rules prior to their becoming effective and to ensure j 
compliance with the rule-making procedures ot Article 2A. 

The other major function of OAH is found under the provisions of G.S. 7A- i 
759 wherein the Office of Administrative Hearings is designated as a 706 deferral j 
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 tiled by state and local 
government employees covered under the State Personnel Act (Chapter 126). The i 
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 claims of political 
discrimination m hiring under G.S. 126-14.4 of the State Personnel Act. After 
investigation and determination of probable cause by the Civil Rights Division, the 
employee may file a contested case m the Hearings Division of OAH. This statute 
also authorized a new cause of action under the State Personnel Act for political 
discrimination m hiring and promotion. 

For more information about the Ofhce of Administrative Hearings, call (9U^) 
733-2698 or visit the ofhces Web site at w^ww. ncoah.com or e-mail the office at 
oah.postmaster@ncmail.net. 



364 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Off ice of State Personnel 

North Carolina's state government did not have a systematic or uniform 
personnel system prior to 1925. There was no equality or consistency in the 
administration of personnel policies. The General Assembly appropriated money 
in a lump sum to each agency and agency heads allocated it for operating expenses 
and salaries. Each agency set pay rates for its workers until 1907, when the legislature 
assumed authority over personnel matters, including acting on pay increases for 
individual employees. In 1921, the General Assembly turned salary administration 
over to the governor and the Council of State, resulting in the establishment of a 
"Salary Standardization Board." 

In 1925, the General Assembly established a five-member Salary and Wage 
Commission. The commission found that in addition to inequitable salaries, there 
was a lack of uniformity among the various state government agencies in ofhce 
hours, leave, holidays and job entrance requirements. The commission set 
classifications for all positions, grouped positions with similar duties together and 
established minimum and maximum salary ranges. Agency heads determined salaries. 
A 1931 law abolished the Salary and Wage Commission and established a 
Department of Personnel within the Office of the Governor to handle classification, 
compensation and personnel policies. In 1933, these duties were transferred to the 
Budget Bureau and the Department of Personnel was abohshed. From 1933 to 
1949, with no staff to deal exclusively wiih personnel problems, a great disparity 
in personnel standards once again developed between agencies. 

In 1938, a Supervisor of Merit Examinations was appointed to prepare a 
classification plan and administer examinations for the N.C. Unemployment 
Compensation Commission as required by the Social Security Act of 1935. The act 
was amended in 1939 to include merit system coverage for other state agencies 
subsidized by federal funds. A Merit System Council was formed to administer 
federal regulations and poHcies 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 consoUdated the two agencies and 
created a seven-member State Personnel Board. Between 1965 and 1975, a number 
of revisions and additions were made to the act. The General Assembly significantly 
revised the act in February 1976, to provide for a seven-member commission, 
rather than a board. The new commission issued binding corrective orders in 
employee grievance appeals procedures. 



365 



NORTH CAROLINA MANUAL 2003-2004 

The Office of State Personnel (OSP) sen'es the interest of state employees, manages 
programs established by the governor, the General Assembh' 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 agenc)' and university personnel officers. The roundtable meets at least three 
times a )ear to participate in decisions on the design and implementation ot the 
human resources system. Other statewide committees representing various disciplines 
concentrate on specihc subject areas. Public hearings are held before the State 
Personnel Commission (SPC~) for further input and discussion of proposed policies. 
OSP exercises its powers under the State Personnel Act CGeneral 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 85,483 employees 
covered by the State Personnel Act and over 31,797 local government employees m 
federal grant-in-aid programs that are subject to the federal standards for a merit 
system of personnel administration. 

The Office of State Personnels organizational design features a service-oriented 
structure. At the core of this structure are four consulting groups, led b\' Human 
Resources Managing Partners. Each of the four consulting groups is assigned a 
group of agencies and universities and is responsible tor providing a variety ot 
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, prox'idmg 
a varietv of human resources consulting serx'ices to their clients. In addition, some 
Human Resource Partners retain a specialty role and are experts m their specialty 
field. Specialists pro\'ide training to other Human Resource Partners and advise on 
complex issues that fall into their specialty area. 

In addition to the four consulting groups, there are six functions staffed to the 
State Personnel Director: Planning and Development, Human Resources Information 
Systems, Human Resources Development, Operations and Total Compensation, 
Human Resources Accountability and the directors administrati\'e staff. Within these 
groups, work performed is more internal in nature, in\'olves 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, ec[ual opportunity 



366 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 



services, work life benefits, recognition programs, recruitment and staffing and 
workforce planning. 

Operations and Total Compensation: 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 
management 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 pohcy 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, 
enterprise-wide licensing and providing support, input and services for internal 
staff training efforts. 

Human Resources Accountability: ResponsibiHties 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 effectively in order to meet organizational needs. 

Thomas H.Wright 

Director 

Early Years 

Born in Southern Pines, Moore County. 

EducationalBackground 

Jacksonville High School, Jacksonville, 1967; 
University of North CaroUna at Wilmington, 
B.A., Psychology 1971; M.S., Rehabilitation 
Counseling, East Carolina University, 1975; 
Certified Public Manager Program (with 
excellence), 1995; American Compensation 
Association Certihcation Program, 1999. 

ProfessionalBachground 

Director, Office of State Personnel, 2001- 
Present; Personnel Director, N.C. Department 




367 



NORTH CAROLINA MANUAL 2003-2004 



ol Justice, 1Q97-2001; Section Chief, Office of State Personnel, 1995-96; Personnel 
Analyst, Office o'i State Personnel, 1978-95; Personnel Analyst, N.C. Memorial 
Hospital, Chapel Hill, 1977-78; Personnel Analyst, Commonwealth of Virgmia, 
1977; Personnel Analyst, Office of State Personnel, 1976-77. 



State Directors of Personnel 

Name 

Henr)' Hilton 
John W. McDevitt 
Edwm S. Lanier 
Walter E. Fuller 
John L.. Allen 
Claude Caldwell 
Al Boyles 
Harold H. Webb 
Richard V Lee 
Ronald G. Penny 
Thomas H. Wright 



Residence 


Term 


Wake 


1949-50 


Wake 


1950-61 


Wake 


1962-62 


Wake 


1962-63 


Wake 


1964-65 


Wake 


1965-74 


Wake 


1974-76 


Wake 


1977-85 


Mecklenburg 


1985-93 


Pasquotank 


1993-2000 


Wake 


2001 -Present 



368 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 

Department of Juvenile Justice & Delinquency Prevention 

The Department of Juvenile Justice and Delinquency Prevention (DJJDP), under 
the leadership of Secretary George L. Sweat, was established in July, 2000, as the 
first cabinet-level agency to focus on juvenile justice issues and at-risk youth in the 
state. Secretary Sweat has served since the agency's creation. 

DJJDPs mission is to promote public safety and juvenile delinquency 
prevention, intervention and treatment through the operation of a seamless, 
comprehensive juvenile justice system. 

DJJDP carries out its mission by providing the state of North Carolina with a 
comprehensive strategy that helps prevent and reduce juvenile crime and delinquency. 
This strategy seeks to strengthen families, promote delinquency prevention, support 
core social institutions, intervene immediately and effectively when delinquent 
behavior occurs and identify and control the small group of serious, \^olent and 
chronic juvenile offenders in local communities. 

Approximately 94,000 youths encounter North Carolina's juvenile justice system 
each year through interaction with Juvenile Crime Prevention Council services, 
community programs, juvenile court ser\ices and the DJJDP Center for the Prevention 
of School Violence. 

Court Services and Programming 

The Department of Juvenile Justice and Delinquency Prevention works to provide 
the most effective services to youth and their families at the right time in the most 
appropriate settings. It strives to build a continuous system of care so that youth 
! can be sen^d in their communities. 

In 2003, juvenile court counselors provided intake services on 30,000 youths. 

' At intake, court counselors receive and evaluate all complaints made against a youth. 

1 Complaints are made by law enforcement or citizens, and are referred to DJJDP for 
possible court action. They determine from available evidence whether there are 
reasonable grounds to believe the facts alleged m the complaint are true. Court 

, counselors then determine whether the complaint is serious enough to warrant 

. court action, or obtain assistance from community resources when court referral is 
not necessary. 

Juvenile Court Counselors monitor youth m all phases of treatment whether in 
a community program or outside of the community in wilderness camp or DJJDP- 
operated facility 

Youth who are determined by the court to have committed serious delinquent 
offenses and who have a high delinquency history can be committed to DJJDP for 
placement in a youth development center. These commitments last a minimum of 



369 



NORTH CAROLINA MANUAL 2003-2004 

six months and court counselors stay involved with each juvenile and the juveniles 
family during the commitment. DJJDP operates five youth development centers m 
the state which provide mentoring, education and therapeutic treatment to prepare 
youth to be successful in life. 

In the 2004 legislative session, the General Assembly authorized financing for 
replacement facility planning and for facility construction m order to begin the 
process to replace four department youth development centers. 

DJJDP is m transition as it plans to construct 13 smaller, more therapeutic 
youth development centers across the state m which stalling capability and 
community connectedness will be the keys to future success. The department plans 
to transition away from a correctional approach m its facilities by establishing a 
therapeutic treatment model that blends education and treatment. Staff hired will be 
youth counselors who will interact with the youth at all times. The hrst of these 
new facilites will open by the end of 2007. 

DJJDP also operates 10 detention centers statewide. These facilities are secure, 
temporaiy facilities where a ju\'enile will stay while waiting to go to court or until 
a placement can be arranged. The average length of stay m a detention center is 10 
to 14 days. 

Juvenile Crime Prevention Councils 

DJJDP partners with Juvenile Crime Prevention Councils (JCPCs) in each county 
to galvanize community leaders, locally and statewide, to reduce and prevent juvenile 
crime. JCPC board members are appointed by the county Board of Commissioners 
and meet monthly m each county The meetings are open to the public. DJJDP 
allocates approximately 23 million dollars to these councils annually Funding is 
used to subsidize local programs and ser\'ices. Each county JCPC has been trained 
to develop comprehensive system of care for its community. 

Department of Juvenile Justice and Delinquency Prexention - Center for 

the Prevention of School Violence (DJJDP - Center) 

DJJDP - Center serves as a resource center and "'think tank" for efforts that are 
directed at guiding all youth toward becoming productive members ol their schools 
and communities. DJJDP - Center offers knowledge and expertise in the areas of 
prevention and positive youth development and provides information and technical 
assistance to those who are motivated to help young people positively develop in 
environments that are as safe as possible. 



370 



THE COUNCIL OF STATE AND THE EXECUTIVE BRANCH CHAPTER FOUR 




George Sweat 

Secretary of Ju\enile Justice and 
Delinquency Prevention 

Early Years 

Born m Winston-Salem, Forsyth County. 

EducationalBackgrvimd 

BS/BA m Business Administration, East Carolina University; 
Honor Graduate, Administrative Officers' Course, Southern 
Police Institute, University of Kentucky at Louisville, 1986. 

ProfessionalBackground 

Secretary of Juvenile Justice and Delinquency Prevention, 1999-Present; Chief of 
Police, Winston-Salem Pohce Department, 1987-99; Assistant Chief, Wmston-Salem 
Police Department, 1986-87. 

Boards and Commissions 

Member, Governors Crime Commission; Member, Commission on Juvenile Crime 
and Justice. 

Personallnjbrmation 

Married, Lenna Svv^eat. Three children; three grandchildren. 



371 



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 
precmcts 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, Hahfax, Campbellton (Fayetteville), 
Salisbury Hillsborough and Tarborough. Around 1735 Albemarle and Bath Counties 
were dissolved and the precincts became counties. 

The unicameral legislature continued until around 1697, when a bicameral 
form was adopted. The governor, or chief executive at the time, and his council 
constituted the upper house. The lower house, the House of Burgesses, was 
composed of representatives elected from the colony's various precincts. The lower 
house could adopt its own rules of procedure and elect its own speaker and other 
officers. It could, however, meet only when called into session by the governor and 
only at a location designated by him. Because the lower house held the power of 
the purse and paying the governor's salary regular meetings of the legislature were 
held at least once during a two-year period (a biennium), and usually more often. 
Throughout the colonial period, the House of Burgess' control over the colony's 
finances fueled controversy between the governor and the lower house. The house 
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 



TATE LEGISLATURE 



NORTH CAROLINA MANUAL 2003-2004 

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 officials. On many occasions, 
the elections lor administrative and judicial officials consumed substantial amounts 
ot time when one candidate for a position could not muster a majority of votes 
from the legislators. The first break from this unwieldy procedure came in 1835, 
when a constitutional amendment changed the method for electing the governor. 
Instead of being elected by the legislature for a one-)'ear term, the governor would 
hencelorth be elected b)' the people for a two-year term. Another 33 years — and a 
devastating civil war and military occupation — would pass before the remaining 
state executive and judicial offices were elected by vote of the people. The postwar 
Constitution of 1868 dramatically reduced the General Assembly's appointive powers 
o\-er 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 representatix'c from 
each county, while the N.C. House of Commons had two reprcsentatix'es from each 
county and one from each of the towns given representative status m the constitution. 
This scheme continued until 1835, when voters approved several constitutional 
changes to the legislative branch. Membership in the Senate was set at 50 with 
senators elected from districts. The state was divided into districts with the number 
of senators based on the population of each individual district. The membership of 
the House ol 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 ol Commons to the House of Representatives. 
The new constitution eliminated the property qualification for holding office, opening 
up opportunities for less wealthy North Carolinians to serve. The Ofhce of Lieutenant 
Governor re-appeared lor the first time since 1776. The lieutenant governor, elected 
by the people, would now ser\'e as president of the Senate. He would also take 
office as governor if the incumbent governor coufd not continue in office for any 
reason. The N.C. Senate members could also elect a president pro tempore from 
among their ranks. The president pro-tem chaired the Senate sessions in the absence 
of its president. 



374 



THE STATE LEGISLATURE CHAPTER FIVE 

In 1966, the House of Representatives adopted district representation similar 
to the Senates arrangement. Although the total number of representatives stayed at 
120, every county was no longer guaranteed a representative. Instead, the requirement 
to maintain a rough equaUty of population size between districts resulted in counties 
with lower populations losing their resident representative. The switch to a district 
format left nearly one-third of the states counties with no resident legislator. 

Prior to Raleighs designation as North Carolina's permanent capital in 1792, 
the seat of government moved from town to town with each new General Assembly, 
a pattern established during the colonial period. Halifax, Hillsborough, Fayetteville, 
New Bern, Smithfield and Tarborough all served as the seat of government between 
1776 and 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 first capitol 
building. Completed m 1771, the palace was abandoned during the Revolutionary 
War because of its exposure to enemy attack. When Raleigh became the permanent 
state capital, the General Assembly approved the construction of a simple, two- 
story brick state house. This structure, completed in 1796, served as the General 
Assembly's home until a fire gutted it in 1831. The legislature approved a new 
capitol building and construction on the current capitol was complete m 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 m the new building convened on February 6, 1963. 

j The organizational structure of state government established by the Constitution 

of 1868 remained basically unchanged with the adoption of the state's third 

I constitution in 1971. As one of the three branches of government established by 

1 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 

i support units. The North Carolina constitution gives the General Assembly 

I legislative, or law-making, power for the entire state. This means, m the words of 

f, the state's Supreme Court, that the legislature has "the authority to make or enact 

I, laws; to establish rules and regulations governing the conduct of the people, their 

' rights, duties and procedures; and to prescribe the consequences of certain activities." 

These mandates give the General Assembly the power to make new laws and amend 

or repeal existing laws on a broad range of issues that have statewide as well as local 

impact. The legislature also defines criminal law in North Carolina. 



375 



NORTH CAROLINA MANUAL 2003-2004 

Legislators m both the N.C. Senate and House of Representatives stand for 
election every two years m even-numbered years. Members oi both houses are 
drawn from districts established by law. Qualihcations for election differ slightly 
for each house. For election to either house, a person must reside m the district he 
or she wants to represent for at least one year prior to the election. Candidates must 
be registered to vote m North Carolina. Senate candidates must be at least 25 years 
old on the date of the election and a resident of the state for two years immediately 
preceding the election. House candidates must be at least 21 years old on the date 
of the election, m addition to the previously stated quahhcations. 

A constitutional amendment approved by voters m 1982 set the hrst day of 
Januar}' following the November general election as the date legislators ofhcially 
take otTice. Prior to the amendment, legislators took ofhce 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 of the lieutenant governor. The speaker of the House 
of Representatives is elected by the representatives from among their membership. 
Other ofhcers 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 eveiy legislative session, the leadership in each 
house forms standing committees, appointing members of their respective house 
to the committees. Since 1989, the president pro-tem has appointed Senate 
committees, a duty traditionally given the president of the Senate. The speaker of 
the House appoints committees in that chamber. These leaders often make committee 
assignments based on legislators' interests and expertise. In the most recent session, 
there were 25 standing committees in the Senate and 37 m the House. 

The Legislative Services Commission manages the General Assembly's 
administrative staff, the Legislative Services Ofhce. 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 sen'es as chief staff officer for the commission. The Legislative 
Services Office has five support divisions, each managed by a director: 



376 I 



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, buildmg maintenance, equipment and supplies, mailing operations, 
printing (including printed bills) and a host of other services. 

Information Systems Division 

The Information Systems Division designs, develops and maintains a number 
of computer applications used by the General Assembly staff. Legal document 
retrieval, bill status reporting, fiscal information systems, ofhce automation and 
electronic publishmg are all functions of the division. A Legislative Services 
Commission sub-committee sets policies governing the division's 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 confidentiaUty. 

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 Carolina 
and sister state agencies and private citizens. 

For more information about the Legislative Services Office, call (919) 733- 
4111 or visit the offices Web site at www.ncleg.net . 



377 



NORTH CAROLINA MANUAL 2003-2004 

George Rubin Hall, Jr. 

Legislative Serxices Officer 

Early Years 

Born m Raleigh, N.C. April 14, 1939, to 
George Rubin, Sr. (deceased) and Ludie Jane 
Conner Hall (deceased). 

EducatiorialBacIigrDimd 

Hugh Morson High School, 1953-55; 
Needham Broughlon High School, 1955-57; 
Bachelors of Science, Campbell College, 1964; 
Posi-graduale work m Public Personnel 
Administration, N.C. State University; 
Government E.xecutives Institute, UNC-Chapel 
Hill, 1982. 

Pn)fessionalBacI?grr)und 

Legislative Services OtTicer, 1979-Present; 14 years, N.C. Division of Vocational 
Rehabilitation; lormer Administrative Officer with N.C. General Assembly; Licensed 
Building Contractor; Licensed Real Estate Broker. 

Boaixls 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 In/or Jiiation 

Married, Carolyn Mane Young of Raleigh. Three children. Three grandchildren. 
Member, Longview Baptist Church, Raleigh, N.C. 




378 



THE STATE LEGISLATURE CHAPTER FIVE 

The 2003 General Assembly 

The 2003 General Assembly, North Carolina's 145th, convened in the respective 
chambers of the Senate and House of Representatives in the Legislative Building in 
Raleigh at noon on January 29. The opening of the session u^as convened by 
Lieutenant Governor Beverly E. Perdue in the Senate and Principal Clerk of the 
House, Denise Weeks. During the election of the Speaker of the House of 
Representatives, two Speakers -- James B. Black, a Democrat from Mecklenburg 
County and Richard T. Morgan, a RepubUcan from Moore County - were elected 
after nine ballots were taken over a period of five days. The last multi-ballot election 
of the Speaker of the House was in 1866, when five ballots were required. Prior to 
1957, the General Assembly convened in January at a time hxed by the Constitution 
of North Carolina. From 1957 through 1967, sessions convened in February at a 
time fixed by the Constitution. The 1969 General Assembly was the hrst to convene 
on a date fixed by law after elimination of the constitutionally fixed date. The assembly 
now convenes on the third Wednesday after the second Monday in January after the 
November election. The 2003 General Assembly adjourned sine die on July 18, 
2004. 

Women in the General Assembly 

Lillian Exum Clement of Buncombe County was the hrst woman to ser\^e 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. Easterhng, a Democrat form Mecklenburg County, 
became the longest-serving woman in the General Assembly during the 1999 
session. Representative Easterling, in her thirteenth term in 2001, 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 serx'ed 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 



379 



NORTH CAROLINA MANUAL 2003-2004 

the 1890s, African- American representation m the General Assembly disappeared 
for nearly 60 \'ears. Heniy E. Frye of Guilford County became the first African- 
American to serve in the General Assembly during this century when he was elected 
to the House of Representatives in 1969. Twenty-four African-Americans served in 
the 2003 General Assembly, six in the Senate and 18 in the House of Representatives. 
Representative H.M. Michaux holds the record for most terms ser\'ed m the General 
Assembly by an African-American. He has sensed over twelve terms m the House of 
Representatives. The Houses only current member of Native American descent is 
Rep. Ronnie Sutton of Robeson County (Democrat, 47th House District). The 
Houses only current Hispanic member is Rep. Daniel F McComas of New Hanover 
County (Republican, 19th House District). 

Miscellaneous Facts and Figures 

The oldest member of the 2003 Senate was Robert C. ''Bob" Carpenter (bom 6/ 
18/1924), a Republican from Pitt County. The youngest member of the 2003 Senate 
was Andrew C. Brock (4/9/1974), a Republican from Davie County. The oldest 
member of the 2003 House of Representatives was W. Eugene McCombs (6/16/ 
1925), a Republican from Rowan County who died January 20, 2004. Dewey L. 
Hill (8/31/1925), a Democrat from Rowan County was the oldest representative 
during the remainder of the session. The youngest member of the 2003 House of 
Representatives was Patrick T. McHenry a Republican from Gaston CountyCounty. 
The senator with the longest tenure is R.C. Soles, Jr., a Democrat trom Columbus 
County, semng his eighteenth term - four m the House and 14 m the Senate. Former 
Rep. Liston B. Ramsey (deceased), a Democrat from Madison County, holds the all- 
time record for longevity in service with nineteen terms, all oi them in the House. 
The record was previously held by former state Representative Dwight Quinn, a 
Democrat from Cabarrus County, who served all of his eighteen terms in the House. 

Salaries of Legislators 

Members of the 2003 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 ot the Senate each received a base salary of $38,151 per year 
and a monthly expense allowance of $1,413. The House of Representatives elected 
two speakers for the 2003-04 session and the salar)- and expense allowance were 
divided between the two Speakers. 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 House didi not elect a Speaker Pro-Tem for the 
2003-04 session). The majority and minority leaders of each house received $17,048 
in base salary and monthly expense allowances of $666. During the legislative 
session and when they are carrying out the states business, all legislators receive a 
subsistence allowance of $104 per day and a travel allowance of $.29 per mile. 



380 



THE STATE LEGISLATURE 



CHAPTER FIVE 



2003 North Carolina Senate 

Officers 

President (Lieutenant Governor) 
President Pro Tempore 
Deputy President Pro Tempore 
Majority Leader 
Majority Whip 
Republican Leader 
Republican Whip 
Deputy Republican Whip 
Principal Clerk 
Reading Clerk 
Sergeant-at-Arms 

Senators 

Name 

Albertson, Charles W (D) 
Allran, Austin M. (R) 
Apodaca, Tom (R) 
Ballantine, Patrick]. (R) 
Basnight, Marc (D) 
Berger, Philip E. (R) 
Bingham, Stan (R) 
Blake, Harris (R) 
Brock, Andrew C. (R) 
Carpenter, Robert C. (R) 
Carrington, John H. (R) 
Clodfelter, Daniel G. (D) 
Dalton, Walter H. (D) 
Dannelly, Charlie Smith (D) 
Dorsett, Katie G. (D) 
Forrester, James (R) 
Foxx, Virginia (R) 
Garrou, Linda (D) 
Garwood, John A. (R) 
Gulley Wib (D) 
Hagan, Kay R. (D) 
Hargett, Cecil S., Jr. (D) 
Hartsell, Fletcher L., Jr. (R) 
Holloman, Robert L. (D) 
Horton, Hamilton C, Jr. (R) 





Beverly Eaves Perdue 




Marc Basnight 






Charlie Smith Dannelly 




Tony Rand 






Jeanne Hopkins 


Lucas 




James S. Forrester 




Fern Shubert 






Tom Apodaca 






Janet B. Pruitt 






Ted Harrison 






Cecil Coins 




District 


County 


Address 


10th 


Duphn 


Beulaville 


44th 


Catawba 


Hickory 


48th 


Henderson 


Hendersonville 


9th 


New Hanover 


Wilmington 


1st 


Dare 


Manteo 


26th 


Rockingham 


Eden 


33th 


Davidson 


Denton 


22nd 


Moore 


Pinehurst 


34th 


Davie 


Mocksville 


50th 


Macon 


Franklin 


15th 


Wake 


Raleigh 


37th 


Mecklenburg 


Charlotte 


46th 


Rutherford 


Rutherfordton 


38th 


Mecklenburg 


Charlotte 


28th 


Guilford 


Greensboro 


42nd 


Gaston 


Stanley 


45th 


Watauga 


Banner Elk 


32nd 


Forsyth 


Winston-Salem 


30th 


Wilkes 


North Wilkesboro 


18th 


Durham 


Durham 


27th 


Guilford 


Greensboro 


6th 


Onslow 


Hubert 


36th 


Cabarrus 


Concord 


4th 


Hertford 


Ahoskie 


31st 


Forsyth 


Winston-Salem 



381 



NORTH CAROLINA MANUAL 2003-2004 



Senators (continued) 



Name 






DLs(nt( 


Count\' 


Address 


Hoyle, David W. (D) 






43rd 


Gaston 


Gastonia 


Hunt, Ralph A. (D) 






18th 


Durham 


Durham 


Jenkins, S. Clark (D) 






3rd 


Edgecombe 


Tarboro 


Kerr, John H., IIUD) 






7th 


Wapie 


Goldsboro 


Kinnaird, Eleanor (D) 






23rd 


Orange 


Carrboro 


Lucas, Jeanne Hopkins (D) 




20th 


Durham 


Durham 


Malone, Vernon (D) 






14th 


Wake 


Raleigh 


Metcalf, Stephen M. (D) 




, 


49th 


Buncombe 


Weaverville 


Moore, Tony P (R) 






5th 


Pitt 


Winterville 


Nesbitt, Martin L., Jr. (D^ 


) 




49th 


Buncombe 


Asheville 


Pittenger, Robert M. (R) 






40th 


Mecklenburg 


Charlotte 


Purccll, William R. (D) 






25th 


Scotland 


Launnburg 


Queen, Joe Sam (D) 






47th 


Haywood 


Waynesville 


Rand, Anthony E. (D) 






19th 


Cumberland 


Favetteville 


Reeves, Eric M. (D) 






16th 


Wake 


Raleigh 


Rucho, Robert A. (R) 






39th 


Mecklenburg 


Matthews 


Shaw, Larry (D) 






21st 


Cumberland 


Eayetteville 


Shubert, Fern {R) 






35th 


Union 


Marshville 


Sloan, R. B., Jr. (R) 






41st 


Iredell 


Mooresville 


Smith, Ered (R) 






12 th 


Johnston 


Clayton 


Soles, R.C., Jr. (D) 






8th 


Columbus 


Tabor City 


Stevens, Richard Y. {R) 






17th 


Wake 


Gary 


Swindell, A.B., IV (D) 






11th 


Nash 


Nashville 


Thomas, Scott (D) 






2nd 


Craven 


New Bern 


Tillman, Jerry W (R) 






29th 


Randolph 


Archdale 


Webster, Hugh (R) 






24th 


Alamance 


Burlington 


Speakers of the Senate 










Senator 


Conntv 




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 


Cr 


aven 




1786-87 




Alexander Martin 


Guilford 


1787 




Alexander Martin 


Guilford 


1788 




Richard Caswell 


Dobbs 




1789 




Charles Johnston 


Chowan 


1789 





382 



THE STATE LEGISLATURE 



CHAPTER FIVE 



Speakers of the 

Senator 

William Lenoir 

William Lenoir 

William Lenoir 

William Lenoir 

Benjamin Smith 

Benjamin Smith 

Benjamin Smith 

Benjamin Smith 

Benjamin Smith 

Joseph Riddick 

Joseph Riddick 

Joseph Riddick 

Joseph Riddick 

Joseph Riddick 

Alexander Martin 

Joseph Riddick 

Joseph Riddick 

Joseph Riddick 

Joseph Riddick 

Joseph Riddick 

Joseph Riddick 

George Outlaw 

George Outlaw 

George Outlaw 

John Branch 

John Branch 

John Branch 

Bart 

Bart 

Bart 

Bart 

Bart 

Bart 

Bart 

Bart 

Bart 

Bart 

Bart 



lett Yancey 
lett Yancey 
lett Yancey 
let Yancey 
lett Yancey 
lett Yancey 
lett Yancey 
lett Yancey 
lett Yancey 
lett Yancey 
lett Yancey 



Senate (continued) 

County Assembly 

Wilkes 1791-92 

Wilkes 1792-93 

Wilkes 1793-94 

Wilkes 1794-95 

Brunswick 1795 

Brunswick 1796 

Brunswick 1797 

Brunswick 1798 

Brunswick 1799 

Gates 1800 

Gates 1801 

Gates 1802 

Gates 1803 

Gates 1804 

Guilford 1805 

Gates 1806 

Gates 1807 

Gates 1808 

Gates 1809 

Gates 1810 

Gates 1811 

Bertie 1812 

Bertie 1813 

Bertie 1814 

Halifax 1815 

Halifax 1816 

Halifax 1817 

Caswell 1817 

Caswell 1818 

Caswell 1819 

Caswell 1820 

Caswell 1821 

Caswell 1822 

Caswell 1823-24 

Caswell 1824-25 

Caswell 1825-26 

Caswell 1826-27 

Caswell 1827-28 



383 



NORTH CAROLINA MANUAL 2003-2004 



Speakers of the Senate 

Senator 
Jesse Speight 
Bedford Brown 
David ¥. Caldwell 
David H 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 
Edward J. Warren 
James T. Morehead 

James L. Robinson 
William A. Graham 
William T. Dorch 

E. T. Boy km 

Edwin W Kerr 
William D. Turner 
John L. King 
E. L, F ranch, Jr. 



(continued) 




County 


Assembly 


Greene 


1828-29 


Caswell 


1829-30 


Rowan 


1830-31 


Rowan 


1831-32 


Lenoir 


1832-33 


Lenoir 


1833-34 


Lenoir 


1834-35 


Lenoir 


1835 


Orange 


1836-37 


Halifax 


1838-39 


Halifax 


1840-41 


Edgecombe 


1842-43 


Burke 


1844-45 


Halifax 


1846-47 


Caswell 


1848-49 


Warren 


1850-51 


Warren 


1852 


Cumberland 


1854-55 


Burke 


1856-57 


Edgecombe 


1858-59 


Edgecombe 


1860-61 


Alamance 


1862-64 


Alamance 


1864-65 


Rockingham 


1865-66 


Craven 


1866-67 


Mecklenburg 


1866-67 


Beaufort 


1870-72 


Guilford 


1872-74 




1874-75 


Macon 


1876-77 


Lincoln 


1879-80 


Buncombe 


1881 




1883 


Sampson 


1885 




1887 


Sampson 


1889 


Iredell 


1891 


Guilford 


1893 


Onslow 


1895 




1897 



384 





THE STATE LEGISLATURE 


CHAPTER FIVE 


Presidents Pro-Tempore of the Senate^ 


r 




Senator 


County 


Assembly 




R. L. Smith 


Stanly 


1899-1900 




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. Boy km 


Sampson 


1885 
1887 




Edwin W Kerr 


Sampson 


1889 




William D. Turner 


Iredell 


1891 




John L. King 


Guilford 


1893 




E. L. Franck, Jr. 


Onslow 


1895 
1897 




R. L. Smith 


Stanly 


1899-1900 




E A. Whitaker 


Wake 


1899-1900 




Henry A. London 


Chatham 


1901 




Henry A. London 


Chatham 


1903 




Charles A. Webb 


Buncombe 


1905 




Charles A. Webb 


Buncombe 


1907-08 




Whitehead Klutz 


Rowan 


1909 




Henry N. Pharr 


Mecklenburg 


1911 




Henry N. Pharr 


Mecklenburg 


1913 




Oliver Max Gardner 


Cleveland 


1915 




Fordyce C. Harding 


Pitt 


1917 




Lindsey C. Warren 


Washington 


1917 




William L. Long 


Halifax 


1921 




William L. Long 


 Halifax 


1923-24 




William S. H. Burgwyn 


Northampton 


1925 




William L. Long 


Hahfax 


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 





385 



NORTH CAROLINA MANUAL 2003-2004 



Presidents Pro-Tetnpore of the Senate (continued) 


Senator 


County 


ksstmhly 


Archie C. Gay 


Northampton 


1945 


Joseph L. Blyihe 


Mecklenburg 


1947 


James C. Pittman 


Lee 


1949 


Rufus G. Rankin 


Gaston 


1951 


Edwin Pale 


Scotland 


1953 


Paul E. Jones 


Pitt 


1955-56 


Claude Curne 


Durham 


1957 


Robert E Morgan 


Cleveland 


1959 


William L. Crew- 


HaliLax 


1961 


Ralph H. Scott 


Alamance 


1963 


Robert B. Morgan 


Harnett 


1965-66 


Herman A. Moore 


Mecklenburg 


1967 


Neill H. McGeachy 


Cumberland 


1969 


Frank N. Patterson, Jr. 


Stanly 


1971 


Gordon P Allen 


Person 


1971 


Gordon P. Allen 


Person 


1973-74 


John T. Henley 


Cumberland 


1975-76 


John T. Henley 


Cumberland 


1977-78 


W Craig Lawmg 


Mecklenburg 


1979-80 


W Craig Lawing 


Mecklenburg 


1981-82 


W Craig Lawing 


Mecklenburg 


1983-84 


J. J. Harrington 


Bertie 


1985-86 


J. J. Harrington 


Bertie 


1987-88 


Henson R Barnes 


Wayne 


1989-90 


Henson P Barnes 


Wa\Tie 


1990-91 


Marc Basnight 


Dare 


1992-Present 



' The state constitution of 1868 abolished the office of speaker of the Senate, instead 
creating the otfice of lieutenant governor with similar duties and functions. The 
lieutenant governor presides over the Senate and is called "the president of the 
Senate" when sening m this capacity Senators also elect one of their members to 
seive as president pro-tempore during periods when the lieutenant can not preside. 



386 



THE STATE LEGISLATURE CHAPTER FIVE 




MarcBasnight 

President Pro-Tempore of the 
N.C. Senate 

Democrat, Dare County 

First Senatorial District: Beaufort, Camden, 
Chowan, Currituck, Dare, Hyde, 
Pasquotank and Perquimans counties. 

Early Years 

Bom in Manteo, Dare County, on May 13, 
1947, to St. Clair and Cora Mae Daniels 
Basnight. 

EducationalBackground 

Manteo High School, 1966. 

ProfesskmalBackground 

Lone Cedar Caie. 

Political Actwities 

Member, N.C. Senate, 1985-Present 
(President Pro-Tempore 1993-Present). 

Business/Professional, Charitable/Ciuic or Community Service Organizations 

Manteo Lions Club; 32nd-Degree Mason; First Flight Society 

Elective andAppointedBoards 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 andAwards 

Most Effective Senator, N.C. Center for Public Policy Research, 1993-Present; Razor 
Walker Award for Contributions to Public Education, R. Donald Watson School of 
Education, UNC-Wilmmgton, 2001; Honorary Doctor of Laws (1999); William 
Richardson Da\ie Award (1995), University of North Carolina at Chapel Hill. 

Personallnfbrmation 

Married, Sandy Tillett Basnight, March 23, 1968. Two children. Member, Methodist 
Church. 

Committee Assignments 

Ex-Officio member of all standing Senate committees. 



387 



NORTH CAROLINA MANUAL 2003-2004 




Charlie Smith Dannelly 

Senate Deputy President Pro- 
Tein 

Democrat, Mecklenburg County 

Tliirty-Eighth Senatorial District Portions of 
Mecklenburg County. 

Early Years 

Born m Bom in Bishop\ille, Lee County, South 
Carolina, on August 13, 1924, to Reuben Samuel 
and Minnie Smith Dannelly 

EdiwationalBacf?grvund 

Mather Academy Camden, South Carolina, 
1Q44; B.A. in Education, Johnson C. Smith 
University 1962; Masters m Education and 
Administration, UNC-Charlotte, 1966. 

Professional Bacligrvwid 

Retired educator, Chariotte-Mecklenburg Schools. 

Political Activities 

Member, Nonh Carolina Senate, 1995-Present; Chariotte City Council, 1977-1989. 

Business/Professional, Charitable/Civic or Community Service Oi^ganizations 

Committee to Preser\'e and Restore Third Ward Board of Directors; Johnson C. Smith Uni\'ersit\' 100 
Club; Omega Psi Phi Fratemitx: 

Elective and Appointed Boards and Commissions 

Ad\isoiy Council on Cancer Coordination and Control; Interagenc}' Council for Coordinating Homeless 
Programs; Minonty Health Adxisor)' Council. 

Military Activities 

U.S. Amiy 82nd Airborne, 1st It., June 26, 1951-Februar)', 1954 (Korean War); Parachute Badge, United 
Nations Semce Medal, Korean Senice Medal with one Bronze Star, National Defense Senice Medal. 

Hotmrs and Awards 

Omega Man of the Year (Phi Phi Chapter), 1978; 6th Distnci Omega Man of the Year, 1979; Outstanding 
Senice Awards- 1983, 1986, 1987. 

Personal Infonnation 

MaiTied to Rose U\ Verne Rhodes Dannell}'. One child. Member, Fnendship N'lissionaiy Baptist Church. 

Committee Assignments 

Chair, Ways and Means; Vice Chair, Appropriations on Health and Human Services; Member, 
Appropnations/Base Budget, Eduaition/Higher Education, Fmaiice, Health & Human Resources, Judiciaiy 
II, Pensions & Retirement and Aging, Select Committee on Employee Hospital and Medical Benefits and 
Select Committee on Military Affairs. 



388 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Anthony E. Rand 

Senate Majority Leader 

Democrat, Cumberland County 

Nineteenth Senatorial District: Bladen 
and Portions of Cumberland counties. 

Early Years 

Bom in Panther Branch Township, Wake Coun^*, 
on September 1, 1939, to Walter Rand, Jr. and 
Geneva Yeargan Rand. 

EducationalBacfiground 

Gamer High School, 1957; B.A. m PoUtical 
Science, University of North Carolina, 1961;J.D., 
University of North Carolina School of Law, UNC- 
Chapel Hill, 1964. 

PwfessionalBackground 

Consultant, Sonorex, Inc. ; President, Rand & 
Gregor}', PA. 

Political Activities 

Member, N.C. Senate, 1981-88 and 1994-Present(Maj out)' Leader, 1987-88 and 2001 -Present). 

Business/Professional, Charitable/Civic or Community Service Organizations 

Board of Trustees, All Kinds of Mmds; Board of Directors, New Century Bank Corp; Board of Directors, 
Legislative Leaders Foundation Lenders. 

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, Fayette\ille State University 2000; Distinguished Alumnus Award/ 
Carolina Law Distinguished Alumni Award, UNC-CH, 2001 ; Honorary Trustee Fayetteville Technicial 
Community College, 2003. 

Personal In fonnation 

Mamed to Karen Skarda Rand of Downers Grove, Illinois, on May 30, 1981 . Two children. Member, St. 
Johns Episcopal Church, Fayetteville. 

Committee Assignments 

Chair, Rules and Operations of the Senate and Select Committee on Employee Hospital and Medical 
Benefits; Vice Chair, Commerce; Co-Chair, Select Committee on Insurance and Ci\4l Justice Reform; 
Member, Appropriations/Base Budget, Appropriations on Justice and Public Safety Education/Higher 
Education, Finance, Information Technology Judiciary I, Pensions & Retirement and Aging, Transportation, 
Select Committee on Laptops in the Senate Chamber and Select Committee on Military Affairs. 



389 




NORTH CAROLINA MANUAL 2003-2004 

Jeanne Hopkins Lucas 

Senate Majority Whip 

Democrat, Durham County 

Twentieth Senatorial District: Portions of 
Durham County 

Early Year^ 

Born in Durham, Durham County, on December 
25, 1935, to Robert and Bertha Holman Hopkins. 

EducatumalBackgrxtimd 

Hillside High School, Durham, 1953; B.A., N.C. 
Central University, 1957; M.A., N.C. Central 
University, 1977. 

ProfessionalBacfzground 

Educator; Director Ci'etired), 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 Citv 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); N4ember, Durham Chapter of 
Links, Inc., (Past President); Member, Durham Committee on the Affairs of Black 
People. 

Elective andAppointedBoaixis and Commissions 

UNC Board of Governors; State Health Coordinating Council; Domestic Violence 
Commission. 

Honors andAwards 

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 Assignmetits 

Co-Chair, Appropriations on Education/Higher Education and Education/Higher 
Education; Vice-Chair, Agriculture/Environment/Naiural Resources; Member, 
Appropriations/Base Budget, Health & Human Resources, Judiciary I, Pensions & 
Retirement and Aging and Select Committee on Insurance and Civil Justice Reform. 



I 



390 



mi 



THE STATE LEGISLATURE 



CHAPTER FIVE 




James S. Forrester, MD 

Senate Republican 
Leader 

Republican, Gaston County 

FoHy-Semnd Senatorial District Lirtwln 
andPorihnsofCatawbacmd Gaston 
counties 

Early Years 

Bom in Aberdeen, Scotland, onjanuaiy 8, 1937, 
to James S. and Nancy McLennan Forrester. 

EducationalBackground 

New Hanover High, 1954; B.S. in Science, Eake 
Forest University, 1958; M.D., Bowman Gray 
School of Medicine ofWFU, 1962; M. PH., UNC-Chapel Hill, 1976; Air War College, 1976. 

PrvfessionalBackground 

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 Assoc. 

Elective or Appointed Boards and Commissions 

Past Vice-Chair, Gaston-Lincoln Mental Health; Past President, Gaston County Heart Association; Board 
of Directors (past) , Childrens Council, Gaston County 

Military Service 

N.C. Air National Guard, HQ HCANG, Brig General, Ret.; Former Commander of 145 TAG clinic and 
State Air Surgeon; Participated in air evacuation in Vietnam. 

Honors and Awards 

Jefferson Award for Public Ser\ice, 1988;N.C. Medical Society Physician Community Semce Award, 1994; 
Distinguished Achievement Award, Bowman Gray School of Medicine, Wake Forest University 1997. 

Personal Information 

Mamed to Maiy Frances All Forrester of Wilmington on March 12,1 960. Four children. Fi\'e gi-andchUdren. 
Member and Deacon, First Baptist Church, Stanley 

Committee Assignments 

Rankmg Minont)' Member, Appropriations on Health and Human Services and Health & Human Resources; 
Member, Appropriations^ase Budget, Commerce, Education/Higher Education, Pensions & Retirement and 
Aging, Rules and Operations of the Senate, Select Committee on Employee Hospital and Medical Benefits, 
Select Committee on Insurance and Ci\ll Justice Reform and Select Committee on Militar)' Affairs. 



391 



NORTH CAROLINA MANUAL 2003-2004 




FernH.Shubert 

Senate Republican Whip 

Repuhlican, Union County 

Thirty-Fifth Senatorial District: 
Union and Portions of Mecklenburg 
counties 

Early Years 

Born to Ernest Lee Haywood of 
Waxhaw and Nell Redfearn Haywood 
of Wingate. 

EducationalBackground 

Business Administration, Magna Cum 
Laude, Duke University, 1969; Passed 
CPA Exam, 1969. 

ProfessionalBackground 

Certified Public Accountant, Arthur Anderson & Co.; Internal Revenue Ser\ice, j 
Raleigh and Houston, Te.xas; Tax Director, National Bank of Washington. 

Political Activities j 

Member, N.C. Senate, 2003-Present; N.C. House of Representatives, 1995-1998 
and 2001-2002. 

Business/Professional, Chaiitable/Civic or Community Service Organizations 

N.C. Director, National Right to Read Foundation; American Institute ot CP/\s; 
N.C. Association of CPAs. 

Elective and Appointed Boaiyis and Cornmissions 

Former Member, School Capital Construction Study Commission; Former Member, i 
Marshville Library Task Force; Former Member, Citizens Advisory Task Force, Union i 
County Schools. 

Honors and Awards ^ 

1998 NFIB Guardian of Small Business Award; 1997 US Small Business Accountant 
Advocate Award State, Regional and National; 1996 NCEITA 21 Award for 
Government Ser\ace. 

Personallnfarmation 

Married, Jerry Shubert. Two children. Member, United Methodist Church. 

Committee Assignments 

Member, Education/Higher Education, Finance, Judiciary II and Ways and Means. 



392 



THE STATE LEGISLATURE 



CHAPTER FIVE 



Tom Apodaca 

Senate Deputy 
Republican Whip 

Republican, Henderson County 

Forty-Eighth Senatorial District: 
Henderson, Polk and Portions of 
Buncombe counties 

ProfessionalBackground 

Entrepreneur. 

Political Activities 

Member, N.C. Senate 2003-Present. 

Committee Assignments 

Member, Commerce, Education/ 

Higher Education, Finance, Judiciary 

II, Select Committee on Insurance and Civil Justice Reform and Select Committee 

on Laptops in the Senate Chamber. 




393 




NORTH CAROLINA MANUAL 2003-2004 

Charles W.AIbertson 

Democrat, Duplin 
County 

Tenth Senatorial District: Duplin, 
Sampson and Portions of Harnett 
counties 

Early Years 

Bom in Beulaxillc, Duplin County, on Januaiy 
4, 1932, to James Edward and Maty Elizabeth 
NomsAlbeilson. 

EducationalBacIzgrvund 

Beula\ille Elementaty and High School, 1938- 
50; Attended James Spmnt Community 
College. 

Professional Background 

Farmer, Retired PPQ Officer, USDA; Professional Musician; SongwTiter and Publisher; Recording Artist. 

Political Activities 

Member, N.C. Senate, 1993-Present; Member N.C. House of Representati\'es, 1989-92. 

Business^vfessionaly Chantable/Civic or Community Service Oiganizations 

BeukiMllc Investors Club; North Carolina Farm Bureau; Co-coordinator, Yokefellow Pnson Mimstity, 
1978-80, 

Elective and Appointed Boards and Commissions 

James Spmnt Community College, Board of Trustees, 1 977- 1 992 ( Chair, 1 986- 1 989 ) ; James Spmnt 
Community College Foundation Board of Directors, 1980; Chair, James Spmnt Community College 
Foundation, 1983-1986. 

Military Services 

SeiYed,U.S. Air Force, 1951-52. 

Honors and Awards 

Two Certiticates oi Esteem from U.S. Defense Department for Entertaining troops in 26 counties; Duplin 
County Board of Commissioners proclaimed Chariie Albcrtson Day May 25, 1975. 

Personal In forviation 

Married to Grace SholarAlbertson on Febman' 15, 1953. Twochildren. Three grandchildren. Member, 
Beula\4lle Presbyterian Church, 

Committee Assignments 

Chair, Agriculture/Environment/Natural Resources; Vice Chair, Appropriations/Base Budget and 
Appropnations on Natural and Economic Resources; Member, Fuiance, Judicial")' I, Pensions & Retirement 
and Aging, Rules and Operations of the Senate , State Go\'ernment , Local Go\'emment and Veterans' 
Affairs, Ways and Means and Select Committee on Laptops in the Senate Chamber. 



394 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Austin M.AIIran 

Republican, Catawba 
County 

Forty-Fourth Senatorial District: Burke 
and Portions of Catawba counties 



Early Years 

Born in Hickory, Catawba County, on 
December 13, 1951, to Albert M. and 
Mary Ethel Houser Allran. 

EducationalBackgmund 

Hickory High School, 1970; B.A. m 
English and History, Duke University, 
1974; J.D., Southern Methodist 
University, School of Law, 1978; M.A. in 
English, North Carolina State University, 1998. 

ProfessionalBackground 

Attorney At Law. 

Political Actwities 

Member, N.C. Senate 1987-Present (Senate Mmonty Whip, 1995-1996); Member, 
N.C. House, 1981-86. 

Business/F*rofessional, CharitabWCivic or Community Service Organizations 

N.C. State Bar; Catawba County Bar Association; Sons of Confederate Veterans; 
Catawba County Historical Association; Sons of the American Revolution; Hickor}' 
Landmarks Society; Hickor)' Museum of Art. 

Elective and J^pointed Boards and Commissions 

Board of Trustees and Vice-President, Hickory Landmarks Society; Child Fatality 
Task Force; Joint Legislative Oversight Committee on Mental Health. 

Honots and Awards 

1999 Legislator of the Year, Initiative to Reduce Underage Drinking; 1992 Taxpayers' 
Best Friend, N.C. Taxpayers United; 1999 Certificate of Appreciation Award, Catawba 
County Partnership Against Underage Drinking. 

Personal Information 

Married to Judy Mosbach Allran on September 27, 1980. Two children, Life-long 
member, Corinth Reformed United Church of Christ, Hickory. 

Committee Assignments 

Vice-Chair, Agriculture/Environment/Natural Resources, Health & Human Resources 
and Judiciary II; Co-Chair, Pensions & Retirement and Aging; Ranking Minority 
Member, Education/Higher Education and Ways and Means; Member, Finance. 



395 




NORTH CAROLINA MANUAL 2003-2004 

Patrick J. Ballantine 

Republican, New Hanover 
County 

(Resigned, April 19, 2004) 

Fourth Senatorial District: Portions of 
Carteret, New Hanover, Onslow and 
Pender counties 

Early Year^ 

Born m Grand Fe^rks, North Dakota, on 
March 17, 1965, to James Qinton and 
Margaret Wilker Ballantine. 

EducationalBackgwund 

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. 

Ptx)fessionalBaclzgtx)und 

Attorney and Businessman. 

Political Activities 

Member, N.C. Senate, 1994-2004 (Minority Leader, 1999-2004). 

Business/Professional, Charitable/Civic or Community Service Organizations 

Rotary, National Republican Legislators Association; Friends of Airlie Gardens. 

Elective and Appointed Boaixls and Commissions 

American Lung Association; New Hanover County Children's Museum; New Hanover 
County Crime Commission. 

Personal In fonnation 

Married to Lisa Beard Ballantine of Fort Worth, Texas on August 10, 1991. One | 
child. Member, St. Andrews on the Sound Episcopal Church. \ 

Committee Assignments 

Vice-Chair, Commerce; Ranking Minority Member, Insurance and Consumer 
Protection and Redistrictmg; Member, Finance, Judiciary 1 and Ways and Means.  



396 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Philip Edward Berger 

Republican, Rockingham County 

Twenty-Sixth Senatorial District: Rockingham and 
Portions of Guilford counties 

Early Years 

Born in New Rochelle, New York, on August 8, 
1952, to Francis H. and Eunice Talley Berger. 

EducationalBackgroitnd 

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. 

ProfessUmalBackgroumi 

Attorney at Law, The Berger Law Firm. 

Political Actwities 

Member, N.C. Senate 2001-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Executive Board; Old North State Council; Boy Scouts of America; Director, HELP, 
Inc. 

Personallnfbrmation 

Married to Patricia Hays Berger. Three children. Two grandchildren. Member, First 
Presbyterian Church, Eden. 

Committee Assignments 

,\ ice-Chair, Judiciary 1; Ranking Minority Member, Commerce; Member, 
'Appropriations/Base Budget, Appropriations on Department of Transportation, 
; Finance, Pensions & Retirement and Aging, Rules and Operations of the Senate, 
i State Government, Local Government, and Veterans' Affairs, Transportation, Ways 
and Means and Select Committee on Insurance and Civil Justice Reform. 



397 




.^ ..-^i^pl 



NORTH CAROLINA MANUAL 2003-2004 

Stan Bingham 

Republican, Davidson County 

Tliirty-Hiird Senatorial District: Davidson and 
Portions of Guilford counties 

Early Years 

Born m Clemmons, Forsyth County, on December 
29, 1945, to Hal J. and Edna Walker Bingham (both 
deceased). 

EducationalBackgroimd 

Southwestern Forsyth High School, 1964; B.S. in 
Forestry, N.C. State University, 1968. 

ProfessionalBackground 

Founded Bingham Lumber Company and The 

Denton Orator (a weekly newspaper) and several other businessses in the Davidson 

County area. 

Political Activities 

Member, N.C. Senate, 2000-Present; Davidson County Commissioners, 1990-1994; 
Chairman of the Davidson County Board of Commissioners, 1994, Vice Chairman, 
1992-1992. 

Business/Professiona, Charitable/Civic, or Community Service Organizations 

Member, First Bank Board of Directors, 1988-Present; Board Member, Communities 
in School, 2002-Present; Board Member, United Way 

Elective and Appointed Boards and Commissions 

Joint Select Committee on Economic Growth & Development; Child Fatality Task 
Force; N.C. Public Health Task Force. 

Honors and Awards 

Myers/Huneycutt Award for Outstanding Citizenship, Thomasville Chamber of 
Commerce; Awarded for Public Service m 1997 by the Lexington Area Lions Club; 
Distinguished Citizen of the Year, N.C. District West Civitan International, 1996. 

Personallnjbrmation 

Married, Married Lora Faley Bingham. Four children. Member, First United Methodist 
Church, Denton. 

Committee Assignments 

Co-Chair, Health & Human Resources; Ranking Minority Member, Appropriations 
on Justice and Public Safety; Member, Agnculture/Emaronment/Natural Resources, 
Appropriations/Base Budget, Education/Higher Education, Judiciary II, Pensions 
& Retirement and Aging, and Select Committee on Insurance and Civil Justice 
Reform. 



398 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Harris Blake 

Republican, Moore County 

Twenty-Second Senatorial District: 
Lee, Moore and Portions of Harnett 
counties 

Early Years 

Born in Jackson Springs, Moore County 
on November 3, 1929, to Evander and 

 Claudia Parker Blake. 

EducationalBackgroimd 

' West End High School, 1948; Elon 
' College, 1948. 

ProfessionalBackground 

Self-Employed, Real Estate. 

Political Activities 

Member, N.C. Senate 2003-Present; Moore County Board of Elections. 

Business/F^fessionaU Charitable/Civic or Community Service Organizations 

President, NC/SC Elmco; Moore Regional Hospital; Sandhills Community College 
Trustee. 

' Elective andAppointedBoards and Commissions 

 N.C. Housmg & Financing Authority; First Savings Bank; Moore County Schools. 

Military Service 

' Sergeant, U.S. Army, 530 Company B, 1951-1953; Good Conduct Award. 

j Honors and Awards 

Moore Regional Hospital, 2004; Jackson Springs Mens Club. 

i Personallnfbrmation 

Married to Barbara Ruth Carter Blake. One child. Member, Pinehurst Community 
Church. 

Committee Assignments 

Member, Appropriations/Base Budget, Appropriations on Health and Human 
Services, Education/Higher Education, Finance, Pensions & Retirement and Aging 
and Select Committee on Insurance and Civil Justice Reform. 






399 



NORTH CAROLINA MANUAL 2003-2004 

Andrew C. Brock 

Republican, Davie County 

TJiirty -Fourth Senatorial District: 
Davie, Yadkin and Portions of 
Rowan counties 

PiT)fessioiialBacligrx)und 

Consultant. 

Political Activities 

Member, N.C. Senate 2003-Present. 

Committee Assignments 

Member, Agricullurc/Environment/ 
Natural Resources, Appropriations/ 
Base Budget, Finance, Pensions & 
Retirement and Aging and 
Transportation. 




400 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Robert C. Carpenter 

Republican, Macon County 

Fiftieth Senatorial District: Cherokee, Clay, Gra- 
ham, Jaclzson, Macon, Swain, Transylvania and 
portions of Haywood counties 

Early Years 

Born in Franklin, Macon County, on June 18, 1924, 
to Edgar J. and Eula Dean Carpenter. 

EducaUonalBackgroimd 

Franklin High School, 1942; Western Carolina 
i University; UNC-Chapel Hill Pre-flight School; 
Purdue University, LUTC; Graduate, University of 
Virginia School of Consumer Banking. 

ProfessionalBackground 

Retired, Vice President and City Executive, First Union National Bank, Franklin. 

Political Activities 

Member, N.C. Senate, 1989-Present. 

Business/Professional, ChaHtable/Civic or Community Service Organizations 

Director, Franklin Rotary Club (President, 1959), (Member for 47 years); American 
, Legion Post 108; Knights of Columbus. 

. Elective and Appointed Boards and Commissions 

' Smoky Mountain Mental Health Foundation; NC ACC Cancer-Coordiation and 
' Control. 

I Military Activities 

' Pilot, U.S. Navy, 1943-45. 

i Honors and Awards 

' Honorary Chairman, Macon-Franklin Relay for Life; Cancer Control Plan, 2002- 
2006; N.C. Advisory Committee on Cancer Control; Speaker, National Conference 
of State Legislators. 

Personalln/brmation 

Married, T. Helen Edwards Bryant Carpenter. Eight children; Eighteen grandchildren. 
 Member, Saint Francis Catholic Church, Franklin. 

Committee Assignments 

, Ranking Minority Member, Appropriations on Department oi Transportation; 
Member, Appropriations/Base Budget, Commerce, Judiciary I, Pensions & 
Retirement and Aging and Transporation. 



401 




NORTH CAROLINA MANUAL 2003-2004 

JohnH.Carrington 

Republican, Wake County 

Fifteenth Senatorial District: Portions 
of Wake County 

Early Years 

Born in Philadelphia, Pennsylvania, on 
October 25, 1934, to William E. and 
Doretta Keys Carrington. 

EducationalBackground 

Miami Edison High School, Miami 
Florida, 1957; Mechanical Engineering, 
Pennsylvania Military College 
(Widener College), 1962; Eorensic 
Sciences, American Institute of AppUed 
Sciences, 1960. 

ProfessmnalBacliground 

CEO/Director, the Sirchie Group of Companies. 

Political Activities 

Member, North Carolina Senate, 199 5 -Present. 

Business/Pix)fessionaly Charitable/Civic or Cotntnuniiy Service Organizations 

Board Member, John Locke Foundation; Shriner. 

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 
Deliveiy Badge. 

Personal In/brmation 

Two children; Three grandchildren. Protestant. 

Committee Assignments 

Co-Chair, Information Technology and Select Committee on Laptops in the Senate 
Chamber; Ranking Minorit)' Member, Finance; Member, Rules and Operations of 
the Senate, Transportation and Select Committee on Military Affairs. 



402 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Daniel G.CIodfelter 

Democrat, Mecklenburg 
County 

Tliirty-Seventh Senatorial District- 
Portions of Mecklenburg County 

Early Years 

Born 111 Thomasville, Davidson County 
on June 2, 1950, to Billy G. and Lorene 
Wells Clodfelter. 

EducationalBackground 

Thomasville Senior High School, 1968; 
Bachelor's, Davidson College, 1972; 
Bachelors, Oxford University, 1974; Law 
Degree, Yale Law School, 1977. 

ProfessionalBackground 

Attorney at law, Moore & Van Allen. 
PLLC. 

Political Activities 

Member, N.C. Senate, 1998-Present; Member, Charlotte City Council. 

Business/Professionaly Charitable/Civic or Community Service Organizations 

Trustee, Z. Smith Reynolds Foundation, Inc. 

Elective andAppointedBoards and Commissions 

Governors Commission on Modernization of State Finances; Tax Policy 
Commission; Co-Chair, Smart Growth Oversight Commission. 

Honors andAwards 

\911 Rhodes Scholar. 

Personalln/brmation 

Married to Elizabeth K. Bevan. Two children. 

Committee Assignments 

Chairman, Judiciary 1; Vice-Chair, Finance; Co-Chair, Select Committe on Insurance 
and Civil Justice Reform; Member, Agriculture/Environment/Natural Resources, 
Appropriations on Justice and Public Safety, Appropriations/Base Budget, Pensions 
& Retirement and Aging, State Government, Local Government and Veterans' Affairs 
and Select Committee on Laptops in the Senate Chamber. 



403 




NORTH CAROLINA MANUAL 2003-2004 

Walter Harvey Dalton 

Democrat, Rutherford 
County 

Forty-Sixth Senatorial District: Cleve- 
land and Rutherford counties 

Early Years 

Born in Rutherfordton on May 21, 1949, 
to Charles C. and Amanda Haynes 
Dalton. 

EducationalBackground 

Rutherfordton-Spmdale High School, 
1963-67; B.S, m Business 
Administration, UNC-Chapel Hill, 
1971; J.D,, UNC-Chapel Hill School of 
Law, 1975. 

ProfessionalBackgrryund 

Attorney, Nanney, Dalton & Miller. 

Political Activities 

Member, N.C. Senate, 1997-Present. 

Business/Pix)fessional, Charitable/Civic or Community Service Organizations 

Former Member, Child Abuse Prevention Society; Member, North Carolina State 
Bar; Member, South Carolina State Bar. 

Elective and Appointed Boarxis and Commissions 

Director, Southern Region Education Board; Former President, Rutherford County 
Bar; Chairman, Board of Trustees, Isothermal Community College, 1995-97. 

Honoris andAwards 

Honorary Doctorate m Humanities, Gardner- Webb University; Honorary Life 
Member, Rutherford Countv Fire Service, 1992; Leiiislator 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 

Vice-Chair, Rules and Operations of the Senate; Co-Chair, Appropriations/Base 
Budget and Pensions & Retirement and Aging; Member, Commerce, Education/ 
Higher Education and Judiciar)' II. 



404 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Katie Grays Dorsett 

Democrat, Guilford County 

Twenty-Eighth Senatorial District: Portions of 
Guilford County 

Early Years 

Born in Greensboro, Sunflower County, 
Mississippi on July 8, 1932, to Willie and 
Elizabeth Grays Dorsett. 

EducaikmalBackgroimd 

Southern Christian Institute, Edwards, Mississippi, 
1949; B.S. in Business, Alcorn State University, 
1953; M.S. m Business Education, Indiana 
University, 1955; Ed.D., University of North 
Carolina at Greensboro, 1975. 

ProfessionalBackground 

Retired. 

Political Actwities 

Member, North Carolina Senate, 2003-Present; Cabinet Secretary, Department of 
Administration; Guilford County Board of Commissioners, Member, Greensboro 
City Council. 

Business/Professional, Charitable/Ciuic or Community Service Organizations 

Sickle Cell Disease Association of America; National Black Caucus of State Legislators; 
Women in Government. 

Elective or Appointed Boards and Commissions 

Workforce Awareness Commission; Environment Review Commission; Urban 
Transportation Commission. 

Honors andAwards 

Outstanding Citizen/Mid- Adantic Region, Alpha Kappa Alpha Sorority; Woman of 
Eaith, Greensboro, N.C.; Outstanding Public Servant, N.C. Council for Women. 

Personalln/brmation 

Married to Warren G. Dorsett. One child. Member, Bethel AME Church. 

Committee Assignments 

Chair, Appropriations on General Government and Information Technology; 
Member, Appropriations/Base Budget, Commerce, Education/Higher Education, 
Judiciary 11, Pensions & Retirement and Aging, State Government, Local Government 
and Veterans' Affairs and Select Committee on Military Affairs. 



405 



NORTH CAROLINA MANUAL 2003-2004 




Virginia Foxx 

Republican, Watauga County 

Forty-Fifth Senatorial District: 
Alleg}iany,As}ie, Caldwell, Watauga and 
Portions of Wilkes counties 

Early Years 

Born 111 New York City, N.Y., on June 29, 
1943, to Nunzio John and DoUie Garrison 
Palmieri. 

EducationalBackgroimd 

Crossnore High School, Crossnore, N.C., 
1957-1961; A.B. m Enghsh, UNC-Chapel 
Hill, 1968; M.A.CT, in Sociology, UNC- 
Chapel Hill, 1972; Ed.D. in Curriculum 
and Teaching, UNC-Greensboro, 1985. 

ProfessionalBacfiground 

Owner, Grandiather Mountain Nursery; Vice-President, Foxx Family, Inc.; Former 
President, Mayland Community College; Former Assistant Dean, General College, 
Appalachian State University; Deputy Secretar); Department of Administration. 

Political Activities 

Member, North Carolina Senate, 1995-Present; Watauga County Board of Education, 
1976-1988. 

Business/F*tx)fessionaly Charitable/Civic or Community Service Organizations 

N.C. Center for Public Policy Research Board; N.C. FREE; UNC Board of Visitors. 

Elective or Appointed Boaryis and Commissions 

Partner, NC Civic Education Consortium; ROAN Scholarship Selection Committee, 
ETSU; Member, Banner Elk Chamber of Commerce Board, 1990-94. 

Honors andAwards 

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 Countiy Roman Catholic Church. 

Committee Assignments 

Vice-Chair, i\ppropriations on General Government and Information Technology; 
Ranking Minority Member, Information Technology; Member, Appropriations/Base 
Budget, Commerce, Education/Higher Education, Finance, Pensions & Retirement 
and Aging. 



406 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Linda Garrou 

Democrat, Forsyth County 

Thirty-Second Senatorial District: 
Portions of Forsyth County 

Early Years 

Born m Atlanta, Georgia, to Joe and 
Rubye Spears Dew. 

EducationalBachgroimd 

Columbus High School, Columbus, Ga., 
1960; B.S. Ed. in Secondary Education 
(History), University of Georgia, 1964; 
M.A.T. m History, UNC-Chapel Hill, 
1967. 

ProfessktnalBackground 

High School Teacher. 

PoliticalActivities 

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 andAppointedBoards and Commissions 

N.C. Railroad; VA/NC High-Speed Rail Commission; Sentencing and Parole 
Commission. 

Honors andAivards 

Ellen Winston Award for Service to Children in North Carolina, State Council for 
Social Legislation. 

Personal Information 

Married to John L.W Garrou. Two children. Member, First Presbyterian Church of 
Winston-Salem. 

Committee Assignments 

Vice-Chair, Information Technology; Co-Chair, Appropriations/Base Budget and 
Pensions & Retirement and Aging; Member, Commerce, Education/Higher 
Education, Finance, Judiciary I, Transportation and Select Committee on Employee 
Hospital and Medical Benehts. 



407 



NORTH CAROLINA MANUAL 2003-2004 




John Allen Garwood 

Republican, Wilkes County 

Forty-Fifth Senatorial District: 
Alexander, Ashe, Watauga, Willies and 
Yadkin counties 

Early Year^ 

Born on Julv 8, 1932, m North 
Wilkesboro to James Lemuel and Annie 
Lura Canigan Garwood. 

EducationcUBaclzgwimd 

Wilkesboro High School, Wilkesboro, 
1951; B.S. m Business Education, 
Appalachian State University, 1957. 

ProfesshnalBackground 

Retired. 

Political Activities 

Member, N.C. Senate, 1996-Present; Chair, Wilkes County Commission, 1992- 
94. 

Busiiiess/ProfessionaU Charitable/Civic or Community Service Oi^anizatiorts 

Member, Local Board, First Citizens Bank, 1975-2000; Member, UNC Board of 
Governors, 1985-96; Member, Appalachian State University Board ol Tmstees, 1973- 
80 (Chair, 1979-80). 

Elective and Appointed Boaixls and Commissions 

LJNC Board of Governors; Advisoiy Board, College of Agriculture & Life Sciences, 
N.C. State University 

Military Service 

Sergeant, 11th Airborne, U.S. Army 1953-55, Korean War. 

Honors andAwaiiis 

Outstanding Alumnus Award, Appalachian State llmversity, 1997. 

Personal Information 

Married Wanda Bandy Garwood on August 3, 1957. Three children. Five 
grandchildren. Member, Wilkesboro United Methodist Church. 

Committee Assignments 

Member, Agriculture/Environment/Natural Resources, Appropriations/Base Budget, 
Appropriations on EducationAligher Education, Education/Higher Education, Health 
Care, State and Local Government. 



408 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Wib Gulley 

Democrat, Durham County 

(Resigned March 19, 2004) 

Eighteenth Senotorial District: Durham, 
Granville and Portions of Person and 
WaJ^ counties 

Early Years 

Bora m Little Rock, Arkansas, on July 
31, 1948, to Wilbur R Gulley, Jr. and Jane 
Harrison Ashley Gulley 

EducationalBackground 

Hall High School, 1966; Bachelor of Arts 
m History, Duke University, 1970; J.D., 
Northeastern University, School of Law, 
1981. 

ProfessionalBackground 

Attorney and Partner, Law hrm of Gulley and Calhoun. 

Political Activities 

Member, N.C. Senate, 1993-2004; 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, CharitabWCivic or Community Service Organizations 

Member of Board and Past Chair, Triangle Transit Authority; Member, Transit 2001 
Commission; Board Member and Past Chair, Durham Service Corps. 

Honors andAwards 

First Breath of Life Award, 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 and 
Transportation; Member, Appropriations/Base Budget, Education/Higher Education, 
Finance, Information Technology, Judiciary 1 and Redistricting. 



409 



NORTH CAROLINA MANUAL 2003-2004 




KayHJagan 

Democrat, Guilford County 

Twenty-Seventh Senatorial District- 
Portions of Guilford County 

Early Years 

Born in Shelby, N.C., to Joseph P. and 
Jeanette Chiles Ruthven. 

EducationalBackgtx)und 

Lakeland High School, Lakeland, Fla., 
1971; Bachelor of Arts, Florida State 
University, 1975; J.D., Wake Forest 
University, School of Law, 1978. 

ProfessionalBackground 

Attorney at law. 

Political Activities 

Member, N.C. Senate, 1999-Present. 

Business/Professional, Charitable/Civic or Community Seixiice Ot^anizatioiis 

Legal Representative, Ethics Committee, Cone Hospital; Executive Committee, UNC- 
Greensboro Excellence Foundation; Advisory Council, Greensboro Convention & 
Visitors Bureau. 

Elective and Appointed Boarxis and Commissions 

NCA^A High-Speed Rail Commission; Underage Drinking Study Commission; Child 
Well-Being & Domestic Violence Task Force. 

Personalln/brmation 

Married, Charles Tilden Hagan. Three children. Member, First Presbyterian Church. 

Committee Assignments 

Co-Chair, Appropriations/Base Budget and Pensions & Retirement and Agmg; 
Member, Commerce, Education/Higher Education, Finance, Inlormation Technology, 
Judiciar}' II, Select Committee on Employee Hospital and Medical Benefits, Select 
Committee on Insurance and Civil Justice Reform and Select Committee on Laptops 
in the Senate Chamber. 



410 



THE STATE LEGISLATURE 



CHAPTER FIVE 



Cecil Hargett 

Democrat, Onslow County 

Sixth Senatorial District: Jones and 
Onslow counties 

PmfessionalBackground 

Business Owner; Real Estate Investor. 

Political Activities 

Member, N.C. Senate, 2003-Present. 

Committee Assignments 

Chair, Select Committee on Military Affairs; 

Vice-Chair, State Government, Local 

Government and Veterans Affairs; Member, 

Agriculture/Environment/Natural 

Resources, Appropriattions/Base Budget, 

Appropriations on Department of 

Transportation, Education/Higher 

Education, Judiciary 1, Pensions & Retirement and Aging, Transportation and Ways 

and Means. 




411 



NORTH CAROLINA MANUAL 2003-2004 




Fletcher Lee Hartsell, Jr. 

Republican, Cabarrus 
County 

Tliirty-Sixth Senatorial District: 
Cabarrus and Portions of Rowan 
counties 

Early Years 

Bom in Concord, Cabarrus County, on February 
15, 1947, to Fletcher L. Hartsell, Sr. and Dons 
Wright Hartsell. 

EducationalBackgwund 

Concord High School, 1965; A.B. in PoUtical 
Science, Davidson College, 1969; J. D., UNC- 
ChapelHilU972. 

Professional Backgtvund 

Attome\; Hartsell, Hartsell & Williams, PA. 

Political Activities 

Member, N.C. Senate, 1991-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Cabamis 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 Foaim; N.C. Economic Development Board. 

Military Service 

First Lieutenant, U.S. Amiy 

Honors and Awards 

Order of the Long Leaf Pine; 1997 Outstanding Legislator Award, N.C. Academ\' of Tnal Liwyers. 

Personal In fonnation 

Mamed, Tana Renee Honeycutt Hartsell. Three children. Member, McGill Avenue Baptist Church, 

Committee Assignments 

Chaimian, Judiciary 11; Ranking Minority Member, State Go\'emment , Local Government and Veterans' 
Affairs; Member, Agriculaire/Environment/Natural Resources, Appropnations^ase Budget, Appropriations 
on Education/Higher Education, Eucation/Higher Education, Finance, Health & Human Resources, 
Select Committee on Insurance and Ci\il Justice Refomi and Select Committee on Laptops in the Senate 
Chamber. 



412 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Robert Lee Holloman 

Democrat, Hertford County 

Fourth Senatorial District: Gates, 
Halifax, Hertford, Northampton, 
Warren and portions of Vance counties 

EducationalBaekground 

Theology, Shaw Divinity School. 

Political Activities 

Member, N.C. Senate, 2003-Present; 
County Commissioner, Hertford 
County; Former First Black Chair, 
Democratic Party of Hertford County. 

Business/Professional, Charitable/ 
Civic or Community Service Organi- 
zations 

Former Member, Board of Trustees, Rowan Chowan Community College; Former 
Member, Board of Directors of Choanoke Area Development Association, Bertie, 
Halifax and Hertford counties; Former Chair, Board of Directors, Department of 
Social Ser\dces, Hertford County. 

Elective andJ^pointedBoards and Commissions 

Hurricane Evacuation Standards Study Commission; Governors Crime Commission; 
Joint Legislative Corrections, Crime Control and Juvenile Justice Committee. 

Honors andAwards 

Resolution of Appreciation, Hertford County Board of Commissioners, 2003; 
Appropriation Plaque, Gates Correctional Center, 2003; Outstanding Contribution 
Award, CS Brown Regional Cultural Arts Center & Museum, 2003. 

Personallnfbrmation 

Married Velma Murphy Holloman. One child. One grandchild. Member, Nebo Baptist 
Church, Murfreesboro. 

Committee Assignments 

Vice-Chair, Appropriations on Justice and Public Safety; Member, Agriculture/ 
Environment/Natural Resources; Appropriations/Base Budget; Education/Higher 
Education; Information Technology; Judiciary II; Pensions & Retirement and Aging 
and Select Committee on Insurance and Ci\'il Justice Reform. 



413 




NORTH CAROLINA MANUAL 2003-2004 

Hamilton C.Horton, Jr. 

Republican, Forsyth 
County 

Tliirty-First Senatorial District: 
Portions of Forsyth County 

Early Yeai^ 

Born in Winston-Salem on August 6, 1931, to 
Haniilion Cowles and Virginia Lee Wiggins 
Horton. 

EducationalBac}igir)und 

R.J. Reynolds High School, Winston-Salem, 1949; 
A.B. inHistor)',UNC-Chapel Hill, 1953; LLB., 
UNC-Chapel Hill, 1956; Summer study at 
Umversite De Grenoble, 1950, and Universtat Von 
Salzburg, 1952. 

PivfessionalBacligrvund 

Attomex: 

Political Activities 

Member, N.C. Senate, 1971-74, 1995-Present; Member, N.C. House of Representatives, 1969-1970. 

Business/Pix)fessional, Charitable/Civic or Community Service Organizations 

N.C. Bar Association; Forsvth County Bar Association (President, 1989-90V 2h' Distnct Bar Association 
(President, 1989-90). 

Elective and Appointed Boarxls and Commissions 

N.C. Board on State Goals and Policies (Vice-Chair, 1987-92); N.C. Recreational and Natural Heritage 
Tmst (Chair, 1991-94); N.C. Milk Commission (Chair, 1974). 

Military Service 

Lieutenant, U.S. Naw, 8th Naval Distnct, 1956-60. 

Honors and Awards 

Car ra way Award, Presewation North Carolina, 1997; Outdoor Recreation Achievement Award, U.S. 
Department of the Intenor, 1976; New River Award, Consen'ation Council of N.C, 1976. 

Personal Information 

Mamed to Evelyn Hanes Moore Horton. One child. Member, Calvary Mora\'ian Church. 

Committee Assignments 

Vice-Chair, Education/Higher Education; Ranking Minonty Member, Agnculture/Emironment/Natural 
Resources, Appropriations on Natural and Economic Resources, Rules arid Operations of the Senate; Member, 
Appropnations^ase Budget, Judiciar)- 1, Pensions & Retirement and arid Select Committee on Insurance and 
Ci\il Justice Refomi 



414 



THE STATE LEGISLATURE 



CHAPTER FIVE 




David William Hoyle 

Democrat, Gaston County 

Forty-Third Senatorial District: Por- 
tions of Gaston County 

Early Years 

Born in Gastonia on Februaiy 4, 1939, 
to William Atkin and Ethel Brown Hoyle. 

EducationalBackground 

Dallas High School, Dallas, N.C., 1957; 
B.A. in Business Administration, Lenoir- 
Rhyne College, 1960. 

ProfessionalBackground 

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. 

Biisiness^Professional, ChaHtahle/Ciuic or Community Service Organizations 

Chair, Board of Directors, Citizens South Bank; Board of Directors, The Shaw Group; 
Founder/President, Summey Building Systems, Inc. 

Elective andAppointedBoards 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- Rhyne College, 1983. 

Personalln/brmation 

Married to Lmda Summey Hoyle. Two children. Three grandchildren. Member, 
Holy Communion Lutheran Church, Dallas N.C. 

Committee Assignments 

Vice-Chair, Commerce and Transportation; Co-Chair, Finance and Select Committee 
on Insurance and Civil Justice Reform; Member, Appropiations on General 
Government and Information Technology, Appropriations/Base Budget, Education/ 
Higher Education, Health & Human Resources, Judiciary 1, Pensions & Retirement 
and Aging, Rules and Operations of the Senate, Ways and Means and Select 
Committee on Employee Hospital and Medical Benefits.. 



415 




NORTH CAROLINA MANUAL 2003-2004 

Ralph Alexander Hunt 

Democrat, Durham County 

Appointed ApHl 21, 2004 

Eighteenth Senatorial District: 
Granville, Person and Portions of 
DurJiam counties 

Early Yearn 

Born in Oxford, Granville County, to 
Johnnie and Amanda Harris Hunt, 

EducationalBackgrx)und 

Mary Potter High School, 1950; B.A., 
Johnson C. Smith University, 1956; M.A., 
NCCU, 1964. 

ProfessionalBackgmund 

Retired. 

Political Activities 

Member, Senate 2004; Member, Senate 1985-1993; Durham City Council, 10 years. 

Elective and Appointed Boards and Commissions 

Utilities Commission. 

Military Service 

U.S. Army, 2 years. 

Personallnfbrmation 

Married to Elvira Rebecca Cooke Hunt. Three children. 

Committee Assignments 

Member, Appropriations on General Government and Information Technology, 
Agriculture/Environment/Natural Resources, Appropriations/Base Budget, 
Education/Higher Education, Finance, Information Technology, Judiciary I, Pensions 
& Retirement and Agmg, Transportation, Rules and Operations of the Senate and 
Select Committee on Insurance and Civil Justice Reform. 



416 



THE STATE LEGISLATURE 



CHAPTER FIVE 



S.Clark Jenkins 

Democrat, Edgecombe 
County 

Third Senatorial District: Bertie, 
Edgecombe, Martin, Tyrrell, Washing- 
ton and Portions of Pitt counties 

Early Years 

Born in Tarboro, Edgecombe County, 
on April 28, 1948, to Francis P. and 
Virginia Clark Jenkins. 

EducationalBackground 

Blue Ridge School, Dyke VA, 1966; B.A., 
Campbell University, 1971. 

ProfessionalBackground 

Owner, W S. Clark Farms. 

Political Activities 

Member, N.C. Senate, 2002-Present. 

Military Service 

Sgt., N.C. Coast Guard, 1967-1973. 

Personallnformaiion 

Married to Mary Jane Pierce Jenkins. Four children. One grandchild. Member, 
Calvary Episcopal Church. 

Committee Assignments 

Chair, Appropriations on Department of Transportation; Member, Agriculture/ 
Environment/Natural Resources, Appropriations/Base Budget, Education/Higher 
Education, Judiciary I, Pensions & Retirement and Aging, Select Committee on 
Insurance and Ci\il Justice Reform, Transportation and Ways and Means. 




417 




NORTH CAROLINA MANUAL 2003-2004 

John Hosea Kerr, III 

Democrat, Wayne County 

Seventh Senatorial District: Greene, Lenoir 
and portions of Wayne counties 

Early Years 

Born m Richmond, Virginia, on February 28, 
1936, lo John H., Jr., and Mary Hmton Duke 
Kerr. 

EducationalBackgroimd 

John Graham High School, Warrenton, NC, 
1954; A.B., University of Nordi Carolina, 1958; 
J.D. with Honors, University of North Carolina 
School of Lav/, 1961. 

PmfessionalBackground 

Attorney, Partner in Warren, Kerr, Walston, Taylor 
and Smith, LLP 

Political Activities 

N.C. Senate, 1993-Present; N.C. House of Representatives, 1987-92; Past Chair, 
Wayne County Democratic Executive Committee, 1980-85; Precmct Chair; Past 
President, Wayne County Young Democrats. 

Business/Prx)fessional, Charitable/Civic or Community Service Organizations 

Goldsboro Rotary Club; Wayne County Chamber of Commerce; N.C. Bar 
Association. 

Elective andAppointedBoards 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 Infbnnation 

Married to Sandra Edgerton Kerr. Two children. Member, Madison Avenue Baptist 
Church. 

Committee Assignments 

Co-Chair, Finance; Member, Appropriations/Base Budget, Appropriations on Health 
and Human Ser\'ices, Commerce, Judiciaiy 11, Pensions & Retirement and Aging, 
Select Committee on Military Affairs and Ways and Means. 



418 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Eleanor Gates Kinnaird 

Democrat, Orange County 

Twenty-Third Senatorial District: CJiatham and 
Orange counties 

Early Years 

Born November 14, 1931, in Rochester, 
Minnesota, to Judge Vernon and Madge Pollock 
Gates. 

EducationalBackground 

Rochester High School, Rochester, Minnesota, 
1949; B.A. in English and Music, Carleton 
College, 1953; M.M. m Music, UNC-Chapel Hill, 
1973; J.D., N.C. Central University School of 
Law, 1992. 

ProfessionalBackground 

Attorney, N.C. Prisoner Legal Services, Inc. 

Political Activities 

Member, N.C. Senate, 1997-Present; Mayor, Town of Carrboro, 1987-95. 

Business/Professional, CharitabWCivic or Community Service Organizations 

Board of Governors, Summit House; Board of Directors, Adolescent Pregnancy 
Prevention of North Carolina; Chair, Board of Directors, Our Children's Place. 

Elective andAppointedBoards and Commissions 

Environmental Review Commission; Co-Chair, Joint Legislative Commission on 
Children and Youth; Governors Domestic Violence Commission. 

Honors andAwards 

2000 Outstanding Legislator of the Year, N.C. Academy of Trial Lawyers; 2003 
Faith Active in Public Life Award, N.C. Council of Churches; 2002 Gwyneth B. 
Davis Award, N.C. Association of Women Attorneys. 

Personallnformation 

Three children. Two grandchildren. Member, Chapel of the Cross Episcopal Church, 
Chapel Hill. 

Committee Assignments 

Chair, State Government, Local Government and Veterans Affairs; Vice-Chair, 
Agriculture/Environment/Natural Resources, and Appropriations on General 
Government and Information Technology; Member, Appropriations/Base Budget, 
Finance, Health & Human Resources, Judiciary II, Pensions & Retirement and 
Aging and Rules and Operations of the Senate. 



419 




NORTH CAROLINA MANUAL 2003-2004 

Vernon Malone 

Democrat, Wake County 

Fourteenth Senatorial District: 
Portions of Wake County 

PmfessionalBacfigrx)und 

Retired. 

Political Activities 

Member, N.C. Senate, 2003-Present. 

Committee Assignments 

Vice-Chair, Appropriations on 

Education/Higher Education; 

Member, Appropriations/Base Budget, 

Commerce, Education/Higher 

Education, Health and Human 

Resources, Judiciary I, Pensions & 

Retirement and Aging, State Government, Local Go\'ernment and Veterans' Affairs 

and Wavs and Means. 



420 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Stephen Michael 
Metcalf 

Democrat, Buncombe 

(Resigned February 2, 2004) 

Forty-Ninth Senatorial District: 
Portions of Buncombe County 

Early Years 

Born in Asheville, Buncombe 
County, to Edgar Byrd and Louella 
Crowder Metcalf. 

EducationalBackgroimd 

Enka High School, Enka, N.C., 
1968; B.A. m Political Science, 
Appalachian State University, 1973; 
Masters in Public Administration, 
University of Tennessee-Knoxville, 
1984. 

ProfessionalBackground 

University Administrator, Western Carolina University. 

PoliticalActiuities 

Member, N.C. Senate, 1998-Present. 

Business/Professional, Charttable/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 andAwards 

2002 Legislator of the Year, North Carolina Association of Social Workers; 2002 
Legislator of the Year, North Carolina WildHfe Federation; 2001 Blue Skies Award, 
North Carolina Lung Association. ' 

Personal In/brmation 

Married to Donna Ball Metcalf. One child. One grandchild. Baptist. 

Committee Assignments 

Chair, Redistnctmg 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. 



421 



NORTH CAROLINA MANUAL 2003-2004 




Tony P. Moore 

Republican, Pitt County 

Fifth Senatorial District: Wilson and 
Portions of Pitt counties 

Early Year^ 

Born m Greenville, Pill Counly, on 
October 9, 1950, lo Charles and 
Rachel Meeks Moore. 

EducationalBackgroimd 

WmierviUe High School, 1968; 
Associate Arts, Lenoir Community 
College, 1974; Social Science, 
Appalachian State University, 1975; 
Educational Administration, 

Appalachian State University, 1983; 
M.A. Education, East Carolina 
University, 1987; Educational Specialist, East Carolina University, 2002. 

ProfessionalBacJzground 

Educator. 

Political Activities 

Member, N.C. Senate, 2003-Present; Wmterville Board of Alderman, 1997-2003. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Kiwanis; Ruritans; Jaycees. 

Elective and Appointed Boaryis and Commissions 

Reedy Branch FWB Church Board; Global Transpark Authority 

Honors andAivarxls 

Future Farmers of America, 2004 State Award; Distinguished Service, Wmterville 
Jaycees, 1983; Runtan of the Year, Winterville Ruritan, 1983. 

Per^sonalln/brmation 

Married, Susan Tucker Moore. Three children. Member, Reedy Branch FWB Church. 

Corrvnittee Assignments 

Vice-Chair, Appropriations on General Government and Information Technology; 
Member, Appropriations/Base Budget, Commerce, Education/Higher Education, 
Judiciary II, Pensions & Retirement and Agmg and Transportation. 



422 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Martin Luther Nesbitt 

Democrat, Buncombe 
County 

Appointed February 6, 2004 

Forty -Ninth Senatorial District: 
Portions of Buncombe County 

Early Years 

Born in Asheville, Buncombe County, 
on September 25, 1946, to Martin 
Luther Nesbitt, Sr. and Mary Cordell 
Nesbitt. 

EducationalBackground 

Reynolds High School, 1964; B.A., 
UNC-Chapel Hill, 1970; J.D., UNC- 
Chapel Hill, School of Law, 1973. 

ProfessionalBackground 

Attorney At Law. 

PoliticalActiuities 

Member, N.C. Senate, 2004-Present; N.C. House of Representatives, 1979-94 and 
1997-2004. 

Business/Professional, Charitable/Civic or Community Service Organizations 

N.C. Academy of Trial Lawyers; N.C. State Bar Association; Buncombe County Bar 
Associations. 

Elective andAppointedBoards and Commissions 

N.C. Nursing Task Force, 2003-2004; N.C. Child Health Task Force, 2002-2004; 
Chairman, Holocaust Education Program. 

Honors andAwards 

2001 Blue Skies Award; Covenant With North Carolmas Children - Certificate of 
Appreciation; Co-Recipient, Sierra Club Legislator of the Year. 

Personal Information 

Married, Deane Sellers Nesbitt. Two children. Two grandchildren. Member, St. 
Lukes Episcopal Church. 

Committee Assignments 

Member, Appropriations on Education/Higher Education, Appropriations/Base 
Budget, Commerce, Education/Higher Education, Health & Human Resources, 
Judiciary 1, Pensions (Si Retirement and Aging and Rules and Operations of the 
Senate. 



423 



NORTH CAROLINA MANUAL 2003-2004 




Robert Miller PIttenger 

Republican, Mecklenburg 
County 

Fortieth Senatorial District: Portions 
of Mecklenburg County 



Eaiiy Years 

Born m Dallas, TX on August 15, 1948, 
to William A. and Doris Owens 
Pittenger. 

EducathnalBackground 

McCallum High School, Austin TX, 1966; 
B.A., Political Science /Psychology, 
University of Texas, 1970. 

PrvfessionalBackgwund 

Real Estate Investments, Robert Pittenger 
Co. 

Political Activities 

Member, N.C. Senate, 2002-Present. 

Business^Professional, Charitable/Civic or Community Service Organizations 

Presbyterian Hospital Foundation; Central Piedmont Community College 
Foundation; Davidson College Board of Visitors. 

Honors andAwards 

Assistant Republican Leader; Co-Chair, Senate Majority, 2004; Voted 3rd Most 
Effective Senator by NC Free. 

Personal Information 

Marned, Suzanne Bahakel Pittenger. Four children. Christian. 

Committee Assignments 

Member, Appropnations on Education/Higher Education, Appropriations/Base Budget, 
Commerce, Finance, Pensions & Retirement and Aging and Select Committee on 
Insurance and Cml Justice Reform. 



424 



THE STATE LEGISLATURE CHAPTER FIVE 




William Robert Purcell, 
MD 

Democrat, Scotland 
County 

Twenty-Fifth Senatorial District: 
Anson, Richmond, Scotland and 
Stanly counties 

Early Years 

Bom m Launnburg, Scotland County, on 
February 12, 1931, to Charles Augustus 
Purcell and Anna Meta Buchanan Purcell. 

EducationalBackground 

liiunnburg High School, 1949; B.S. inPre-Med, 
Davidson CoHege, 1952; M.D. , UNC School of 
Medidne,UNC-ChapelHill 1956. 

Professional Background 

Pediatncian, 1961-97 (retired). 

Political Activities 

Member, N.C. Senate, 1997-Present; Mayor, City of Laurinburg, 1987-97; Member, Laurinburg City 
Council, 1982-87. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Past Chair, Scodand Memonal Hospital Medical Staff; President, Launnburg-Scodand County Area 
Chamber of Commerce, 1977; Past President, Launnburg Rotar)- Club. 

Elective andAppointedBoards and Commissions 

Member, Board of Trustees, St. Andrews Presbytenan College, 1999-Present; Richmond Community 
College Foundation Board of Directors, 1994-Present. 

Military Service 

Qptam, 57th Field Hospital, U.S. Anny Medical Corps, 1957-59; Resewes, 1959-61. 

Honors and Awards 

Distinguished Service Award, UNC School of Medicine, Chapel Hill, 1998;Da\T,dTayloe, Sr, Award in 
Community Pediatncs, N.C. Chapter American; Academy of Pediatrics of N.C. Pediatric Society 1995. 

Personal Information 

Married, Kathleen McClellan Purcell. Six children. Twelve grandchildren. Member, Launnburg Presb)terian 
Church. 

Committee Assignments 

Co-Chair,AppK)priationsonHealthandHurnanServicesandHealthandHiimanResoiiices;Member,AppiDpra^ 
Base Bud^ Commerce, Education/Higher Education, Finance,Pensions&RetircnientandAgngand Select Cornmittee 
on Insurance and Qviljustice Reform 



425 



NORTH CAROLINA MANUAL 2003-2004 




Joe Sam Queen 

Democrat, Haywood 
County 

Forty-Seventh Senatorial District: 
Avery, Madison, McDowell, 
Mitchell, Yancey and portions of 
Haywood counties 

Early Years 

Born m Waynesville, Haywood 
County, on June 18, 1950, lo Sam 
L. and Maiy Moody Queen. 

EducationalBackgroimd 

Tuscola High School, Waynesville, 
1968; B.S. m Architecture, N.C.S.U., 
1972; Masters of Architecture, 
N.CS.U., 1974. 

ProfessionalBacl^x)und 

Architect, Joe Sam Queen Architect, AlA. 

Political Activities 

Member, N.C. Senate, 2003-2004. 

Business/Professional, Charitable/Civic or Community Seivice Organizations 

Member, Unity Way Leadership Circle; Past Scout Master, Boy Scout Troop 321, 
Waynesville; Director, The Smoky Mountain Folk Festival. 

Elective and Appointed Boatris and Commissions 

N.C. Commission on Aging; N.C. Joint Select Commission on Economic Growth 
& Development; Chairman, N.C. Joint Select Committee on Hurricane Relief. 

Honors and Awards 

Paul Harris Fellow, Rotary International. 

Pei^sonalln/bnnation 

Married to Kate Taylor Queen. Two children. Member, First United Methodist of 
Waynesville. 

Committee Assignments 

Vice-Chair, Health and Human Resources; Member,Appropriations/Base Budget, 
Agnculture/Environment/Natural Resources, Appropriations on Natural and 
Economic Resources, Finance, Judiciary 11, Pensions & Retirement and Aging, State 
Government, Local Government and Veterans' Attairs, Ways and Means and Select 
Committee on Insurance and Civil Justice Reform. 



426 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Eric Miller Reeves 

Democrat, Wake County 

Sixteenth Senatorial District: Por- 
tions of Wake County 

Early Years 

Born in Ft. Sill, Oklahoma, on October 
18, 1963, to Stuart and Jennie Miller 
Reeves. 

EducationalBackgroimd 

B.A. Duke University, 1986; J. D. Wake 
Forest University, 1989. 

ProfessionalBackground 

Attorney, Law Office of Eric Reeves. 

Political Activities 

Member, N.C. Senate, 1997-Present; 
Member, Raleigh City Council, 1993-96. 

Business^Professional, ChaHtable/Civie or Community Service Organizations 

Advisory Panel, Z, Smith Reynolds Foundation. 

Elective andAppointedBoards and Commissions 

N.C. Capital Planning Commission; Government Operations Transportation 
Oversight Subcommittee. 

Honors andAwards 

1999 Distinguished Leader of the Year, Leadership Raleigh, Raleigh Chamber of 
Commerce; 1999 Public Leadership m Technology Award, NCEITA. 

Personal 

Married, Mary Morgan Reeves. One child. First Baptist Church. 

Committee Assignments 

Co-Chair, Appropriations on Health and Human Services, Information Technology 
and Select Committee on Laptops in the Senate Chamber; Member, Agriculture/ 
Environment/Natural Resources, Appropriations/Base Budget, Finance, Health & Human 
Resources, Judiciay 11, Pensions & Retirement and Aging, Select Committee on Insurance 
and Civil Justice Reform and State Government, Local Government and Veterans' Affairs. 



427 



NORTH CAROLINA MANUAL 2003-2004 

Robert Anthony Rucho 

Republican, Mecklenburg 
County 

Thirty-Ninth Senatorial District: Portions of 
Mecklenburg County 

Early Years 

Born in Worcester, Massachusetts, on Dec. 8, 
1948, to Thomas and Ernestine Tanca Rucho. 

EducationalBackground 

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. 

ProfessionalBac}zgrx)und 

Dentist, SpeciaUty Prosthodontist. 

Political Activities 

Member, N.C. Senate, 1997-Present; Former Member, Mecklenburg County 
Commission; Former Member, Matthews Town Board. 

Personalln/brmation 

Married, Theresa Fritscher Rucho. Two children. Member, Holy Trinity Greek 
Orthodox Cathedral. 

Committee Assignments 

Ranking Minority Member, Transportation; Member, Appropriations/Base Budget, 
Appropriations on Department of Transportation, Commerce, FducatioiVHigher 
Education, Finance, Judiciary II, Pensions &r Retirement and Aging and Rules and 
Operations of the Senate. 




428 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Larry Shaw 

Democrat, Cumberland County 

Twenty -First Senatorial District: Portions of 
Cumberland County 

Early Years 

Born m High Point, Guilford County, on July 
15, 1949, to Dorffus and Odessa Shaw. 

EducationalBackgmimd 

William Penn High School, High Point, 
1967; B.S., Alabama State University 1972; 
Masters of Education, Alabama State 
University 1974. 

ProfessionalBackgroimd 

President and Chairman, Shaw Food Services 
Company, Inc. 

Political Activities 

Member, N.C. Senate, 1997-Present; Member, N.C. House, 1995-96. 

Business/ProfessionaU ChaHtable/Civic or Community Service Organizations 

American Association of Minority Contractors; N.C. Association of Minority 
Businesses; National Business League, Fayettevllle Chapter. 

Elective and Appointed Boards and Commissions 

Cumberland County Finance Authority Board; N.C. Small Business Advocacy 
Council; N.C. Capitol Building Authority. 

Honors andAwards 

Honorary Doctor of Human Letters, Rock Hill College, 1984; Larry and Evelyn 
Shaw Day declared in North Carolina by Gov. Hunt; Order of the Long Leaf Pme. 

Personal In/brmation 

Married, Evelyn Oliver Shaw. Two children. 

Committee Assignments 

Chair, Transportation; Vice-Chair, Finance; Member, Appropriations on Department 
of Transportation, Appropriations/Base Budget, Commerce, Pensions & Retirement 
and Aging. 



429 




NORTH CAROLINA MANUAL 2003-2004 

R.B.Sloan, Jr. 

Republican, Iredell County 

Forty-First Senatorial District- 
Alexander and Iredell counties 

EducationalBac}zgtx)wid 

Bachelor ol Science in Electrical 
Engineering with specialities in Power 
& Communications, N.C.S.U., 1973; 
Master of Business Administration with 
special interest m Finance and Strategic 
Plannini:^, Queens Umversitv, 1982. 

PmfessionalBacligmund 

Registered Professional Engineer; Chiet 

Executix'e Officer, Energy United, 1998- 

Present; Executive Vice President/CEO & General Manager, Crescent Electric 

Membership Corporation, 1989-1998; Manager of Engineering and Operations, 

Crescent Electric Membership Corporation, 1978-1989. 

Political Activities 

Member, N.C. Senate, 2003-Present. 

Business/ProfessionaL, Chantable/Civic or Community SeiT>ice 

Member and Past Member, Campbell Masonic Lodge #374; Member, Iredell 
Memorial Hospital Board of Directors and Trustees; Member and Past Officer, Greater 
Statesville Rotaiy Club. 

Elective and Appointed Boaiyls and Commissions 

Member, North Carolina Citizens for Business and lndustr\- Economic Development 
Committee; Member, North Carolina Utilities Commission Oversight Steering 
Committee for Transmission Collaboration. 

Honors andAwarxis 

Received the Electric Power Research Institutes Eirst Use Award tor Advancing 
Technology m the research of battery energy storage systems; Declared Honorary 
Eire Chief, Iredell County Eirefighters Association, 2004; Recipient, Key to the 
County, Alexander County, 2001. 

Personal In/bnnation 

Married to Rita Clme Sloan. Two children. Member, First Baptist Church of Statesville. 

Committee Assignments 

Member, Appropriations/Base Budget, Appropriations on Justice and Public Safety, 
Commerce, Judiciaiy II, Pensions & Retirement and Agmg, State Government, Local 
Government and X'eterans' Affairs, Transportation and Select Committee on Military 
Aftairs. 



430 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Fred Smith 

Republican, Johnston 
County 

Twelfth Senatorial District: Johnston 
and Portions of Wayne counties 

Early Years 

Born m Raleigh, Wake County, on March 
27, 1942, to Fred and Eudell Smith. 

EducationalBackground 

Broughton High School, 1960; B.A., 
Wake Forest Universtiy, 1964; J. D., cum 
laude. Wake Forest University, 1966. 

ProfessionalBackground 

President, Fred Smith Company; 

Managing Partner, SunBelt Golf Group, L.L.C.; Past Managing Partner, Smith Debnam 

Hibbert & Pahl; CEO of C.C. Mangum Company. 

Political Activities 

Member, N.C. Senate, 2003-Present; Co-Chair, N.C. Republican Trust Senate 
Majority 2004. 

Elective andAppointedBoards and Commissions 

Chairman of the Board, North State Bank; National Golf Course Owners Association; 
Member, Commercial Law League of America, 1970-Present; President, American, 
N.C. and Wake County Bar Associations, 1989-90. 

Military Service 

Captain, U.S. Army, JAGG, 1966-1970; Staff and Faculty at Judge Advocate Generals 
School of University of Virginia, 1966-1968; Staff Judge Advocate, Pine Bluff Arsenal, 
Pine Bluff, Arkansas, 1968-1970; Army Commendation Medal; First Oak Leaf 
Cluster. 

Personal In/brmation 

Married to Virginia (Ginny) Reid Smith. Five children. Five grandchildren. Member, 
First Baptist Church of Clayton. 

Committee Assignments 

Member, Agriculture/Environment/Natural Resources, Appropriations on General 
Government and Information Technology, Education/High Education, Finance, State 
Government, Local Government and Veterans' Affairs. 



431 




NORTH CAROLINA MANUAL 2003-2004 

Robert Charles Soles, Jr. 

Democrat, Columbus 
County 

Eighth Senatorial District: 
Brunswick, Columbus and Pender 
counties 

Early Yearn 

Born in Tabor City, on December 17, 
1934, to Robert C. and Myrtle N orris 
Soles. 

EducatkmalBackgwund 

Tabor City High School, 1952; B.S. 
in Science and English, Wake Forest 
University, 1956; J.D., UNC-Chapel 
Hill, 1959. 

PtryfessionalBaclzground 

Attorney, Soles, Phipps, Ray & Prince. 

Political Activities 

Member, N.C. Senate, 1977-Present; N.C. House of Representatives, 1969-77. 

Business/Prryfessional, Charitable/Civic or Community Seiuice Organizations 

American and N.C. Bar Associations; American Trial Lav^yers Association; N.C. 
Association of County Attorneys. 

Elective andAppointedBoaryis and Commissions 

Former President, Southeastern Community College Foundation; Southern Growth 
Policies Board; Former Trustee, UNC- Wilmington. 

Military Service 

Captain, U.S. Army Rcser\'e, 1957-67. 

Personallnfomiation 

Member, Tabor City Baptist Church. 

Committee Assignments 

Chair, Commerce; Vice-Chair, Appropriations on Department of Transportation 
and Judiciary I; Member, Appropriations/Base Budget, Finance, Pensions & 
Retirement and Aging, Rules and Operations of the Senate, Select Committee on 
Insurance and Civil Justice Reform, Select Committee on Laptops m the Senate 
Chamber and State Government, Local Government and Veterans' Affairs. 



432 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Richard Yates Stevens 

Republican, Wake County 

Seventeenth Senatorial District: 
Portions of Wake County 

Early Years 

Born in Raleigh, Wake County, on 
December 12, 1948, to Floyd L. and 
Luna Yates Stevens. 

EducationalBackground 

Broughton High School, 1966; B.A., 
Pohtical Science, UNC-Chapel Hill, 
1970; J.D., UNC-Chapel Hill, 1974; 
Master of Public Administration, 
UNC-Chapel Hill, 1978. 

ProfessionalBackground 

Management Consultant. 

Political Activities 

Member, N.C. Senate, 2003-Present. 

Business/F^fessional, Charitable/Civic or Community Service Organizations 

Board of Directors, Yates Mill Associates; Board of Directors, Cary Academy; Board 
of Directors, Capital Area Soccer Foundation. 

Elective and Appointed Boards and Commissions 

Chair, UNC-Chapel Hill, Board of Trustees, 1997-99; Chair, UNC-Chapel Hill, 
Alumni Association, 2000-2001; President, N.C. City/County Management 
Association, 1999-2000. 

Honors andAwards 

National Public Service Avv^ard, ASPA & NAPA, 2000; Distinguished Sericve 
Medal, UNC Alumni Association, 1994; Program Excellence for Innovation, ICMA, 
1998. 

PersonalInfi)rmation 

Married Jere Gilmore Stevens. Two children. Baptist. 

Committee Assignments 

Member, Appropriations/Base Budget, Appropriations on Education/Higher 
; Education, Education/Higher Education, Finance, Pensions & Retirement and Aging, 
; Select Committee on Laptops m the Senate Chamber, State Government, Local 
I Government and Veterans' Affairs and Transportation. 



433 



NORTH CAROLINA MANUAL 2003-2004 




Albin B."A.B/'SwindellJV 

Democrat, Nash County 

Eleventh Senatorial District: 
Franklin, Nash and Portions of 
Vance counties 

Early Year^ 

Born in Lumberton, Robeson County, 
on October 14, 1945, to Russell and 
Martha Easterling Swindell. 

EducationalBackground 

Gary High School, 1964; Heavy 
Equipment Operator Training, Wilson 
Technical Community College, 1965; 
A. A., Sandhills Community College, 
1970; Vocational Education Teacher 
Certihcation, N.C. State University, 
1971. 

ProfessionalBackgrx)und 

Sell-employed business consultant. 

Political Activities 

Member, N.C. Senate, 2001-Present; Oxford City Council, 1981-85. 

Business/F^x)fessional, Charitable/Civic or Community Service Oi^anizatiotis 

Vice-Chair, Nash Community College Trustees; Board ot Directors, Operation 
Lifesaver NC; Board of Directors, Connect, Inc. 

Elective and Appointed Boaiyls and Commissions 

Co-Chair, Joint Legislative Commission on Education Oversight; Chair, 
Commission on New Licensing Boards; Co-Chair, Commission on Aging. 

Military Service 

Private, U.S. Army, Hororably Discharged, 1967. 

Honors andAivaixis 

2003 State Ofhcial of the Year, N.C. Home Builders Association. 

Pei^sonal Information 

Married, Diane Ludlum Swindell. Three children. Member, Nashville Methodist 
Church. 

Committee Assignments 

Co-Chair, Appropriations on Education/Higher Education and Education/Higher 
Education; Member, Appropriations/Base Budget, Finance, Judiciary II, Pensions 
& Retirement and Agmg, Rules and Operations of the Senate, Select Committee on 
Insurance and Civil Justice Reform, Transportation and Wa)s and Means. 

434 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Scott E.Thomas 

Democrat, Craven County 

Second Senatorial District: Carteret, 
Craven and Pamlico counties 

Early Years 

Born in New Bern, Craven County, on 
July 19, 1966, to Joseph and Linda 
Morris Thomas. 

EducationalBackgroimd 

West Craven High School, 1984; B.S., 
Political Science, East Carolina 
University 1988; J.D., N.C. Central 
University School of Law, 1992. 

ProfessionalBackground 

Lawyer, Chesnutt, Clemmons, 
Thomas and Peacock. 

Political Activities 

Member, N.C. Senate, 2001-Present; N.C. House, 1999-2001; Assistant District 
Attorney. 

Business/Professionaly Charitable/Civic or Community Service Organizations 

Chamber of Commerce; Masonic Lodge and Scottish Rite; Past President, Vanceboro 
Volunteer Fire Department. 

Elective andAppointedBoards and Commissions 

Military Affairs Commission; Governors Crime Commission; Allies for Cherry Points 
Tomorrow. 

Honors andAwards 

Legislator of the Year, Fraternal Order of PoUce; N.C. Nurses Association, Legislator 
'of the Year; Political Action Award, N.C. Victims Assistance Network. 

i Personallnfbrmation 

I Married, Sherri N. Thomas. Two children. Member, Temple Baptist Church. 

Committee Assignments 

I Chair, Appropriations on Justice and PubUc Safety; Vice-Chair, Judiciary 11; Member, 
Agriculture/Environment/Natural Resources, Appropriations/Base Budget, 
Education/Higher Education, Finance, Pensions & Retirement and Aging, Rules 
and Operations of the Senate, Select Committee on Insurance and Civil Justice 
Reform, Select Committee on Military Affairs and Transportation. 



435 



NORTH CAROLINA MANUAL 2003-2004 




Jerry W.Tillman 

Republican, Randolph 
County 

Twenty -Ninth Senatorial District: 
Montgomery and Randolph counties 

Early Years 

Born in Siler City, Chatham County, 
oil October 10, 1940, to Leonard and 
Delcie Duncan TiUman. 

EducationalBackgir)iind 

Walter Williams High School, 
Burlington, 1959; B.S., Elon College, 
1965; Medical School 

Administration, UNC-Greensboro, 
1969. 

ProfesskmalBackgimind 

Retired School Administrator. 

Political Activities 

Member, N.C. Senate, 2003-Present. 

Business/Piryfessioiial, Charitable/Civic or Community Service Organizations 

Archdale/Trmity Lions Club; Archdale Friends Meeting. 

Elective andAppointedBoards and Commissions 

Chair, Randolph County GOP, 1995-2002; Randolph Community College Board ' 
of Trustees, 1974-2002; NCCAT, 1995-2002. 

Personallnfbrmation 

Married, Marian McVey Tillman. Three children. Four grandchildren. Member, 
Archdale Friends Meeting. 

Committee Assignments 

Member, Agriculture/En\'ironment/Natural Resources, Education/Higher Education, 
Finance and Transportation. 



436 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Hugh B.Webster 

Republican, Alamance County 

Twenty -Fourth Senatorial District: Alamance and 
Caswell counties 

Early Years 

Born m Caswell County, on August 6, 1943, to 
LeGrand and Kathleen Hicks Webster. 

EducationalBackgroimd 

Bartlett Yancey High School, Yanceyville, 1961; N.C. 
State University, 1962-63; B.S. in Business, UNC- 
Chapel Hill, 1968, Specialization in Accounting, 1969; 
Tax Specialist Course, University of Illinois- 
Champaign, 1970. 

ProfessionalBackground 

CPA, Hugh B. Webster, PA. 

PoliticalActivities 

Member, N.C. Senate, 1995-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

AlCPA; NATP; Runtan (Past President). 

Personalln/brmation 

Married, Patricia Ramey Webster. Two children. 

Committee Assignments 

' Ranking Minority Member, Judicary II; Member, Agriculture/Environment/Natural 
i Resources, Finance and Ways and Means. 



437 




NORTH CAROLINA MANUAL 2003-2004 

David Franklin 
Weinstein 

Democrat, Robeson 
County 

TJiirteenth Senatorial District: Hoke 
and Robeson counties 

Early Yeai^ 

Born m Charlotte, Mecklenburg 
County, on June 17, 1936, to Max 
Morton and Evelyn Lebo Weinstein. 

EducationalBackground 

Lumberton Senior High School, 
Lumberton, 1Q54; Agronomy, N.C. 
State University, 1958; Business. 

ProfessionalBacfzgrx)und 

Retired Businessman. 

Political Activities 

Member, N.C. Senate, 1997-Presenf, Chair, Board of Trustees, UNC - Pembroke, 
1992-1996; Mayor, City of Lumberton, 1987-91. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Rotaiy Club; Masonic Lodge; Shrine Club. 

Elective andAppointedBoards and Commissions 

Lumberton Human Relations Commission. 

Military Service 

Captain, 108th Infantry Dmsion, U.S. Army, 1959-60; Reserves, 1960-66. 

Per^sonal Information 

Two children. Two grandchildren. Jewish. 

Committee Assignments 

Chair, Appropriations on Natural and Econoniic Resources; Vice-Chair, Agriculture/ 
Environment/Natural Resources and Ways and Means; Member, Appropriations/ 
Base Budget, Finance, Pensions & Retirement and Aging, State Government, Local 
Government and Veterans' Affairs and Transportation. 



438 



THE STATE LEGISLATURE CHAPTER FIVE 

Woody White 

Republican, New Hanover County 
Appointed May 5, 2004 

Ninth Senatorial District: New Hanover County 

Early Years 

Born m Kinston, Lenoir County, on August 4, 1969, to Haywood E. and Barbara 
Hardnott White. 

EducationalBackgroimd 

Mt. Pisgah Academy, Candler, 1987; B.A., History, Southern College, 1991; Juris 
Doctor, University of Nebraska, 1994. 

ProfessionalBackground 

i Attorney, White, Hearne & Ballantine. 

PoliticalActivities 

[Member, N.C. Senate, 2004-Present. 

Business/ProfessionaU Charitable/Civic or Oyrnrnunity Service Organizations 

j Rotaiy South- Wilmington; Coastal Horizons Board. 

* Elective and Appointed Boards and Commissions 

JN.H. Regional Medical Center; N.C. GOP, Chief Legal Counsel, 2002-2004. 

Personal In/brmation 

Married, Tammie D. Mentzel White. Two children. Member, St. Andrews Covenant 
Church. 

Committee Assignments 

i' 

'Member, Appropriations/Base Budget, Appropriations on Natural and Economic 
j Resources, Commerce, Finance, Judiciary 1, Select Committee on Military Affairs 
\ and Ways and Means. hildren and Human Resources, Finance, Judiciary II and Rural 
j Development. 



439 



NORTH CAROLINA MANUAL 2003-2004 

Janet B.Pruitt 

Principal Clerk, IS.C. Senate 

Early Year^ 

Born in Nash County, on March 27, 1944, to James R. (deceased) and Marie Joyner 
(deceased) Br)^ant. 

EducationalBackgixjwid 

Spring Hope High School, 1962; Business, East Carolina University, 1962-64. 

Ptx)fessionalBacIigix)und 

Principal Clerk, N.C. Senate, 1997-Present; Super\isor of Senate Clerks, 1988-96; 
Committee Clerk, 1981-88; Personnel Analyst, Social Services Division, Department 
of Human Resources, 1966-73. 

Business/Professional, Charitable/Civic or Community Service Organizations 

American Society of Legislative Clerks and Secretaries; Former Member, Business 
and Professional Women. 

Personal Information 

Two children. Member, Holv Trinitv Lutheran Church. 



440 



THE STATE LEGISLATURE CHAPTER FIVE 

Cecil R.Goins 

Sergeant at Arms, N.C. Senate 

Ekirly Years 

Born m Southern Pines in 1926, to T. R. Goms and Marie Barrett Goms. 

EducationalBackgwund 

West Southern Pines High, 1944; B.S., Business Administration, N.C. A&T State 
University, 1950. 

ProfessionalBackground 

Sergeant at Arms, N.C. Senate; Private Investigator and Owner, Alpha Investigative 
Services; Retired Deputy U.S. Marshal, Inspector and Criminal Investigator, U.S. 
Marshals Servace (25 years); Assistant Business Manager, Shaw University. 

Political Activities 

Chair, Precinct #20, Raleigh; Political Action Committee, RWCA. 

' Business/Professional, Oiantable/Civic or (^niinunity Service Organizations 

\ Member, National Legislative Services and Security Association; Retired U.S. Marshals 
' Association; Life Member, Alpha Phi Alpha Fraternity, Inc., Sigma Pi Phi Fraternity. 

Elective andAppointedBoards and Commissions 

Raleigh Civil Service Commission; N.C. Private Protective Service Board; Board of 
Directors, Meadowbrook Country Club. 

Military Service 

Enlisted, 2 years, Far East and Japan; M/Sgt., Europe and Germany; (Commission) 
Five years active duty, 10 years reserve duty (Major). 

Personal Information 

: Married, La Verne C. Coins. Two children. Member, First Baptist Church. 



441 



NORTH CAROLINA MANUAL 2003-2004 

Michael Wade Morris 

Chaplain, T^.C. Senate 

Early Year^ 

Born m High Point, Guilford County, to Albert 
Wade and Evelyn Faye Burrows Morris. 

EducationalBacIigrx)und 

Wade Hampton, Greenville, S.C.; B.A. in 
Religion, Gardner Webb College; Masters of 
Divinity, Southeastern Baptist Theological 
Seminary. 

Ptx>fessionalBacl2gtx)und 

Associate Pastor, First Baptist Church, Raleigh. 

Political Activities 

Chaplain, N.C. Senate. 

Business/Professional, Charitable/Civic or 
Conununity Service Organizations 

Kiwanis Club of High Point; Board, High Point Salvation Army; Habitat for 
Humnaity 

Personal In/bnnation 

Married, Noel LeGette. One child. First Baptist Church, Raleigh. 




442 



THE STATE LEGISLATURE CHAPTER FIVE 

2003-2004 N.C. Senate Committees 

Agriculture/Environment/Natural Resources 

Chair: Albertson 

Vice-Chairs: Allran, Kinnaird, Lucas, Weinstein 

Ranking Minority Member: Horton 

Members: Bingham, Brock, Clodfelter, Garwood, Hargett, Hartsell, Holloman, Hunt, 
Jenkins, Queen, Reeves, Smith, Thomas, Tillman, Webster 

Appropriations on Department of Transportation 

Chair: Jenkins 

, Vice-Chair: Soles 

! Ranking Minority Member: Carpenter 
Members: Berger, Hargett, Rucho, Shaw 

I Appropriations on Education/Higher Education 

Co-Chairs: Lucas, Swindell 

Vice-Chair: Malone 

Ranking Minority Member: Garwood 

Members: Hartsell, Nesbitt, Stevens 

Appropriations on General Government and Information Technology 

' Chair: Dorsett 

Vice-Chairs: Foxx, Kmnaird, Moore 
; Members: Hoyle, Hunt, Smith 

Appropriations on Health and Human Services 

i Co-Chairs: Purcell, Reeves 

\'ice-Chair: Dannelly 
i Ranking Minority Member: Forrester 
Members: Blake, Kerr, Pittenger 

Appropriations on Justice and Public Safety 

Chair: Thomas 

' Vice-Chair: Holloman 

Ranking Minority Member: Bmgham 
 Members: Clodfelter, Rand, Sloan 



443 



NORTH CAROLINA MANUAL 2003-2004 

Appropriations on Natural and Economic Resources 

Chair: Weinstem 

Vice-Chair: Alberison 

Ranking Minonly Member: Horton 

Members: Queen, While 

Appropriations/Base Budget 

Co-Chairs: GaiTou, Dalion, Hagan 

V'lee-Chair: Alloertson 

Members: Berger, Bingham, Blake, Brock, Carpenter, Ck^dfeker, Dannelly, Dorsett, 
Forresl:er, Foxx, Garwood, Hargett, HanseH, HoUoman, Horton, Hoyle, Hunt, 
Jenkins, KeiT, Kmnaird, Lucas, Malone, Moore, Nesbitt, Pittenger, Purcell, Queen, 
Rand, Reeves, Rucho, Shaw, Sk-)an, Smith, Soles, Stevens, Swindell, Thomas, 
Weinstein, White 

Commerce 

Chair: Soles 

Vice-Chairs: Hoyle, Rand 

Ranking Minonty Member: Berger 

Members: Apodaca, Caipenter, Dalton, Dorsett, FoiTester, Foxx, Garrou, Hagan, Kerr, 
Malone, Moore, Nesbitt, Pittenger, Purcell, Rucho, Shaw, Sloan, White 

Education/Higher Education 

Co-Chairs: Lucas, Swindell, Garwood 

Vice-Chair: Horton 

Ranking Mmont)' Member: AUran 

Members: Apodaca, Bingham, Blake, Dalton, Dannelly, Dorsett, Forrester, Foxx, Garrou, 
Hagan, Hargett, Hartsell, HoUoman, Hoyle, Hunt, Jenkins, Malone, Moore, Nesbitt, 
Purcell, Rand, Rucho, Shubeit, Smith, Stevens, Thomas, Tillman 

Finance 

Co-Chairs: Hoyle, KeiT 

Vice-Chairs: Clodlelter, Shaw 

Ranking Minonty Member: Canington 

Members: Albertson, AUran, Apodaca, Berger, Blake, Brock, Dannelly, Foxx, Garrou, 
Hagan, Hartsell, Hunt, Kmnaird, Pittenger, Purcell, Queen, Rand, Reeves, Rucho, 
Shubert, Smith, Soles, Stevens, Swindell, Thomas, Tillman, Webster, Weinstein, 
White 



444 



THE STATE LEGISLATURE CHAPTER FIVE 

Health & Human Resources 

\ Co-Chairs: Bingham, Purcell 

' Vice-Chairs: AUran, Queen 

1 Ranking Minority Member: Forrester 

^ Members: Dannelly, Garwood, Hartsell, Hoyle, Nesbitt, Kinnaird, Lucas, Malone, Reeves 

] Information Technology 

' Co-Chairs: Reeves, Carrington 

' Vice-Chair: Garrou 
I^inking Minority Member: Foxx 
, Members: Hagan, Holloman, Hunt, Rand 

Judiciary I 

'" Chair: Clodfeker 

\ice-Chairs: Soles, Berger 

Members: Albertson, Carpenter, Garrou, Hargett, Horton, Hoyle, Hunt, Jenkins, Lucas, 
i| Malone, Nesbitt, Rand, White 

Judiciary H 

Chair: Hartsell 

Vice-Chairs: Allran, Thomas 

j Ranking Minority Member: Webster 

Members: Apodaca, Bingham, Dalton, Dannelly, Dorsett, Hagan, Holloman, Kerr, 
Kinnaird, Moore, Queen, Reeves, Rucho, Shubert, Sloan, Swindell 

Pensions & Retirement and Aging 

Co-Chairs: Dalton, Garrou, Hagan, Allran 

Members: Albertson, Berger, Bingham, Blake, Brock, Carpenter, Clodfeker, Dannelly, 
Dorsett, Forrester, Foxx, Garwood, Hargett, Holloman, Horton, Hoyle, Hunt, Jenkins, 
Kerr, Kinnaird, Lucas, Malone, Moore, Nesbitt, Pittenger, Purcell, Queen, Rand, 
Reeves, Rucho, Shaw, Sloan, Smith, Soles, Stevens, Swindell, Thomas, Weinstein 

Members: Ballance, Carpenter, Cunningham, East, Forrester, Garrou, Hagan,Hartsell, 
Hoyle, Jordan, Metcalf, Miller, Purcell, Rand, Robert Shaw, Thomas, Webster, 
Weinstein 



445 



NORTH CAROLINA MANUAL 2003-2004 

Rules and Operations of the Senate 

Chair; Rand 

Vice-Chair: Dalton 

Ranking Minority Member: Horton 

Members: Alberison, Berger, Carrmgton, Forrester, Hoyle, Hunt, Kmnaird, Nesbitt, 
Rucho, Soles, Swindell, Thomas 

State Goventment, Local Government, and Veterans' Affairs 

Chair: Kinnaird 

Vice-Chair: Hargett 

Ranking Minority Member: Haitsell 

Members: Albertson, Berger, Clodfelter, Dorsett, Garwood, Horton, Malone, Queen, 
Reeves, Sloan, Smith, Soles, Stevens, Weinstein 

Transportation 

Chair: Shaw 

Vice-Chair: Hoyle 

Ranking Minont\' Member: Rucho 

Members: Berger, Brock, Carpenter, Carnngton, Ganxiu, Hargett, Hunt, Jenkins, Moore, 
Rand, Sloan, Stevens, Swindell, Thomas, Tillman, Wemstem 

Ways and Means 

Chair: Dannelly 

Vice-Chair: Weinstein 
Ranking Mmonty Member: Allran 

Members: Albertson, Berger, Hargett, Hoyle, Jenkins, Kerr, Malone, Queen, Shubert, 
Swindell, Webster, White 



446 



THE STATE LEGISLATURE 



CHAPTER FIVE 



2003-2004 N.C. House of Representatives 



officers 

Democratic 
Republican 
Democratic 
Republican 
Democratic 



Speaker 

Speaker 

Leader 

Leader 

Whips 



Republican Whip 
Principal Clerk 
Acting Reading Clerk 
Sergeant- at -Arms 

Representatives 

Name 

Adams, Alma S. (D) 

Alexander, Martha B. (D) 

Allen, Bernard (D) 
' Allen, Gordon P (D) 

Allen, Lucy T. (D) 

Allred, Cary D. (R) 
\ Baker, Rex L. (R) 
' Barbee, Bobby H., Sr. (R) 
> Barnhart, Jeffrey L. (R) 
i Bell, Larry M. (D) 
; Black, James B. (D) 
I Blackwood, James C, Jr. (R) 
' Blust, John M. (R) 
j Bonner, Donald A. (D) 
I Bordsen, Alice L. (D) 

Bowie, Joanne W (R) 

Brubaker, Harold J. (R) 

Capps, J. Russell (R) 

Carney, Becky (D) 

Church, Walter G., Sr. (D) 

Clary Debbie A. (R) 

Clary Debbie A. (R) 



James B. Black 




Richard T. Morgan 




Joe Hackney 




Joe Kiser 




Beverly Earle 




R. Philip Haire 




Marian McLawhorn 




Paul Miller 




Trudi Walend 




Denise Weeks 




John Young 




Robert R. Samuels 




District County 


Address 


58th Guilford 


Greensboro 


106th Mecklenburg 


Charlotte 


33rd Wake 


Raleigh 


55th Person 


Roxboro 


49th Franklin 


Louisburg 


64th Alamance 


Burlington 


91st Stokes 


King 


70th Stanly 


Locust 


75th Cabarrus 


Concord 


21st Sampson 


Clinton 


100th Mecklenburg 


Matthews 


73rd Union 


Matthews 


62nd Guilford 


Greensboro 


48th Robeson 


Rowland 


63rd Alamance 


Mebane 


57th Guilford 


Greensboro 


78th Randolph 


Asheboro 


50th Wake 


Raleigh 


102nd Mecklenburg 


Charlotte 


86th Burke 


Valdese 


110th Cleveland 


Cherry\'ille 


48th Cleveland 


Cherry\alle 



447 



NORTH CAROLINA MANUAL 2003-2004 



Representatives (continued) 

Name 

Coates, Lorene T. (D) 
Cole, E. Nelson (D) 
Crawford, James W, Jr. (D) 
Creech, Billy J. (R) 
Culp, Arlie F (R) 
Culpepper, William T., Ill (D) 
Cunningham, W Pete (D) 
Daughtridge, William G., Jr. (R) 
Daughtry, N. Leo (R) 
Decker, Michael R (R) 
Dickson, Margaret H. (D) 
Dockham, Jeriy C. (R) 
Earle, Beverly M. (D) 
Eddins, Rick L. (R) 
Elks, J. Samuel (R) 
England, Bobby E (D) 
Earmer-Butterfield (D) 
Eisher, Susan C. (D) 
Fox, Stanley H. (D) 
Eiye, Phillip D. Frye [R) 
Gibson, Pr)^or A., Ill (D) 
Gillespie, Mitch (R) 
Glazier, Rick (D) 
Goforth, D. Bruce (D) 
Goodwin, G. Wayne (D) 
Gorman, Michael A. {R) 
Grady, W Robert (R) 
Gulley, Jim (R) 
Hackney, Joe (D) 
Haire, R. Phillip (D) 
Hall, John D. (D) 
Harrell James A., Ill (D) 
Hill, Dewey L. (D) 
Hilton, Mark K. (R) 
Holliman, L. Hugh (D) 
Holmes, George M. (R) 
Howard, Julia C. (R) 
Hunter, Howard J., Jr. (D) 
Insko, Verla C. (D) 



Distiict 


Countv 


Ac?djr.ss 


77th 


Rowan 


Salisbury 


65th 


Rockingham 


Reidsville 


32nd 


Granville 


Oxford 


26th 


Johnston 


Clayton 


67th 


Randolph 


Ramseur 


2nd 


Chowan 


Edenton 


107th 


Mecklenburg 


Charlotte 


25th 


Nash 


Rocky Mount 


28th 


Johnston 


Smithheld 


94th 


Forsvth 

J 


Walkertown 


41st 


Cumberland 


FayetteviUe 


80th 


Davidson 


Denton 


101st 


Mecklenburs, 


Charlotte 


40th 


Wake 


Raleigh 


39th 


Wake 


Raleigh 


112th 


Rutherford 


Ellenboro 


24th 


Wilson 


Wilson 


114th 


Buncombe 


Asheville 


27th 


Granville 


Oxford 


84th 


Mitchell 


Spmce Pine 


69th 


Anson 


Wadesboro 


85th 


McDowell 


Marion 


44th 


Cumberland 


FayetteviUe 


115th 


Buncombe 


Asheville 


68th 


Richmond 


Hamlet 


3rd 


Crax'en 


Trent Woods 


15th 


Onslow 


Jacksonville 


103rd 


Mecklenburg 


Matthews 


54th 


Orange 


Chapel Hill 


119th 


Jackson 


Sylva 


7th 


Halifax 


Scotland Neck 


90th 


Surry 


Elkm 


20th 


Columbus 


Whiteville 


88th 


Catawba 


Conover 


81st 


Davidson 


Lexington 


92nd 


Yadkin 


Hamptonville 


79th 


Davie 


Mocksville 


5th 


Hertford 


Ahoskie 


56th 


Orange 


Chapel Hill 



448 





THE STATE LEGISLATURE CHAPTER FIVE 


Representatives (continued) 








Name 


District 


County 


Address 


Johnson, Charles E. (D) 


4th 


Pitt 


Greenville 


Johnson, Linda P. (R) 


74th 


Cabarrus 


Kannapolis 


Jones, Earl (D) 


60th 


Guilford 


Greensboro 


Justice, Carolyn H. (R) 


16th 


Pender 


Hampstead 


Justus, Carolyn, K. (R) 


117th 


Henderson 


Hendersonville 


Kiser, Joe L. (R) 


97th 


Lincoln 


Vale 


T aRoque, Stephen A. (R) 


10th 


Lenoir 


Kinston 


Lewis, David R. (R) 


53rd 


Harnett 


Dunn 


Lucas, Marvin W (D) 


42nd 


Cumberland 


Spring Lake 


Luebke, Paul (D) 


30th 


Durham 


Durham 


McAllister, Mary E. (D) 


43rd 


Cumberland 


Eayetteville 


McComas, Daniel E (R) 


19th 


New Hanover 


Wilmington 


McCombs, W Eugene (R) 


76th 


Rowan 


Eaith 


McGee, William C. (R) 


93rd 


Eorsyth 


Clemmons 


McHenry, Patrick, T. (R) 


109th 


Gaston 


Cherryville 


McLawhom, Marian N, (D) 


9th 


Pitt 


Grifton 


McMahan, W Edwin (R) 


105th 


Mecklenburg 


Charlotte 


Michaux, Henry M., Jr. (D) 


31st 


Durham 


Durham 


Miller, Paul (D) 


29th 


Durham 


Durham 


Miner, Da\id M. (R) 


36th 


Wake 


Gary 


Mitchell, W Eranklm (R) 


96th 


Iredell 


Olm 


Moore, Tim (R) 


111th 


Cleveland 


Shelby 


Morgan, Richard T. (R) 


52nd 


Moore 


Pinehurst 


Munford, Don (R) 


34th 


Wake 


Raleigh 


Nye, Edd (D) 


22nd 


Bladen 


Elizabethtown 


Owens, William C, Jr. (D) 


1st 


Pasquotank 


Elizabeth City 


Parmon, EarUne W (D) 


72nd 


Forsyth 


Winston-Salem 


Pate, Louis M., Jr. (R) 


11th 


Wayne 


Mount Olive 


Preston, Jean Rouse (R) 


13th 


Carteret 


Emerald Isle 


Rapp, Ray (D) 


118th 


Madison 


Mars Hill 


Ray Karen B. (R) 


95th 


Iredell 


Mooresville 


Ray field, John M. (R) 


108th 


Gaston 


Belmont 


Rhodes, John W (R) 


98th 


Mecklenburg 


Cornelius 


Ross, Deborah K. (D) 


38th 


Wake 


Raleigh 


Sauls, John 1. (R) 


51st 


Lee 


Sanford 


Saunders, Drew P (D) 


99th 


Mecklenburg 


Huntersville 


Setzer, Mitchell S. (R) 


89th 


Catawba 


Catawba 


Sexton, P Wa>Tie, Sr. (R) 


66th 


Rockingham 


Eden 


Sherrill, Wilma M. (R) 


116th 


Buncombe 


Asheville 


St am, Paul (R) 


37th 


Wake 


Apex 



449 



NORTH CAROLINA MANUAL 2003-2004 



Representatives (continued) 

Name 

Slarnes, Edgar V (R) 
Steen, Fred ¥., 11 (R) 
Stiller, Bonner L. (R) 
Sutlon, Ronnie N. (D) 
Tolson, Joe R (D) 
Wainwright, William L. (D) 
Walend, Trudi (R) 
Walker, R. Tracy (R) 
Warner, Alex (R) 
Warren, Edith D. (D) 
Weiss, Jennifer CD) 
West, Roger (R) 
Williams, Arthur J. (D) 
Williams, Keith R (R) 
Wilson, Constance K. (R) 
Wilson, W Eugene (R) 
Womble, Larry W (D) 
Wood, Stephen W: (R) 
Wright, Thomas E. (D) 
Yongue, Douglas Y. (D) 



Distnct 


County 


Address 


87th 


Caldwell 


Granite Falls 


76th 


Rowan 


Landis 


17th 


Brunswick 


Oak Island 


47th 


Robeson 


Pembroke 


23 rd 


Edgecombe 


Pinetops 


12ih 


Craven 


Havelock 


113th 


Transylvania 


Brevard 


83rd 


Wilkes 


Wilkesboro 


45th 


Cumberland 


Hope Mills 


8th 


Pitt 


Farmville 


35th 


Wake 


Gary 


120ih 


Cherokee 


Marble 


6th 


Beaufort 


Washington 


14th 


Onslow 


Jacksonville 


104th 


Mecklenburg 


Charlotte 


82nd 


Watauga 


Boone 


71st 


Forsyth 


Wmston-Salem 


61st 


Guilford 


High Point 


18th 


New Hanover 


Wilmington 


46th 


Scotland 


Laurinburg 



450 



THE STATE LEGISLATURE 



CHAPTER FIVE 



N.C. Speakers of the House 



Speakers of the House 


of Burgesses (Lower House of the 


Colonial Assembly) 


\ Representative 


County 


Assembly 




George Catchmaid 


Albemarle 


1666 




Valentine Bird 


Pasquotank 


1672 




(Valentine Bird 


Pasquotank 


1673 




Thomas Eastchurch 


Unknown 


1675 




Thomas CuUen 


Chowan 


1677 




George Durant 


Currituck 


1679 




John Nixon 


Chowan 


1689 




ijohn Porter 


Bath 


1697-98 




William Wilkison 


Chowan 


1703 




Thomas Boyd 


Unknown 


1707 




Edward Mosely 


Chowan 


1708 




Richard Sanderson 


Currituck 


1709 




William Swann 


Cuuituck 


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 




John Baptista Ashe 


Beaufort 


1725-26 




John Baptista Ashe 


Beaufort 


1727 




Thomas Swann 


Pasquotank 


1729 




\ Edward Moseley 


Chowan 


1731 




j Edward Moseley 


Chowan 


1733 




J Edward Moseley 


Chowan 


1734 




William Downing 


Tyrrell 


1735 




[William Downing 


Tyrrell 


1736-37 




William Downing 


Tyrrell 


1738-39 




John Hodgson 


Chowan 


1739-40 




[John Hodgson 


Chowan 


1741 




Samuel Swann 


Onslow 


1742-44 




' Samuel Swann 


Onslow 


1744-45 




1 Samuel Swann 


Onslow 


1746 




j Samuel Swann 

1 


Onslow 


1746-52 




Samuel Swann 


Onslow 


1753-54 




Uohn Campbell 


Bertie 


1754-60 




^Samuel Swann 


Onslow 


1754-60 




1 Samuel Swann 

1 

i 


Onslow 


1760 


45' 



NORTH CAROLINA MANUAL 2003-2004 



Spealzers of the House 

Rcprcscnialwc 
Samuel Swann 
Samuel Swann 
John Ashe 
John Ashe 
John Han'ey 
John Han'ey 
Richard Caswell 
John Han'ey 
John Han'ey 
John Han'ey 

House of Commons 
Representative 
Abner Nash 
John Williams 
Thomas Benbury 
Thomas Benbury 
Thomas Benbury 
Thomas Benbury 
Thomas Benbury 
Edward Starkey 
Thomas Benbury 
William Blount 
Richard Dobbs Spaight 
John B. Ashe 
John Sitgreaves 
John Sitgreaves 
Stephen Cabarrus 
Stephen Cabarrus 
Stephen Cabarrus 
Stephen Cabarrus 
John Leigh 
Timothy Blood worth 
John Leigh 
John Leigh 
Musendine Matthews 
Musendme Matthews 
Musendine Matthews 
Stephen Cabarrus 
Stephen Cabarrus 



of Burgesses (Lower House of the Colonial Assetttbly) 



County 


Assembly 




Onslow 


1761 




Onslow 


1762 




New Hanover 


1762 




New Hanover 


1764-65 




Perquimans 


1766-68 




Perquimans 


1769 




Craven 


1770-71 




Perquimans 


1773 




Perquimans 


1773-74 




Perquimans 


1775 




Countv 


Assembly 




Craven 


Mil 




Granville 


1778 




Chowan 


1778 




Chowan 


1779 




Chowan 


1780 




Chowan 


1781 




Chowan 


1782 




Onslow 


1783 




Chowan 


1784 (April) 




Craven 


1784 (Octobei 


■) 


Craven 


1785 




Halifax 


1786-87 




Craven 


1787 




Craven 


1788 




Chowan 


1789 




Chowan 


1790 




Chowan 


1791-92 




Chowan 


1792-93 




Edgecombe 


1793-94 




New Hanover 


1794-95 




Edgecombe 


1795 




Edgecombe 


1796 




Iredell 


1797 




Iredell 


1798 




Iredell 


1799 




Chowan 


1800 




Chowan 


1801 





452 



THE STATE LEGISLATURE 



CHAPTER FIVE 



House of Commons (continued) 



Representative 


County 


Assembly 


Stephen Cabarrus 


Chowan 


1802 


Stephen Cabarrus 


Chowan 


1803 


Stephen Cabarrus 


Chowan 


1804 


Stephen Cabarrus 


Chowan 


1805 


John Moore 


Lincoln 


1806 


Joshua Grainger Wright 


New Hanover 


1807 


Joshua Grainger Wright 


New Hanover 


1808 


Wilham Gaston 


Craven 


1808 


Thomas Davis 


Cumberland 


1809 


Wilham Hawkins 


Granville 


1810 


Wilham Hawkins 


Granville 


1811 


William Miller 


Warren 


1812 


William Miller 


Warren 


1813 


William Miller 


Warren 


1814 


John Craig 


Orange 


1815 


Thomas Rufhns 


Orange 


1816 


James Iredell 


Chowan 


1816 


James Iredell, Jr. 


Chowan 


1817 


James Iredell, Jr. 


Chowan 


1818 


Romulus M. Saunders 


Caswell 


1819 


Romulus M. Saunders 


Caswell 


1820 


James Mebane 


Orange 


1821 


John D. Jones 


New Hanover 


1822 


Alfred Moore 


Brunswick 


1823-24 


Alfred Moore 


Brunswick 


1824-25 


John Stanly 


Craven 


1825-26 


John Stanly 


Craven 


1826-27 


James Iredell, Jr. 


Chowan 


1827-28 


Thomas Settle 


Rockingham 


1828-29 


William J. Alexander 


Mecklenburg 


1829-30 


Charles Fisher 


Rowan 


1830-31 


Charles Fisher 


Rowan 


1831-32 


Louis D. Henry 


Cumberland 


1832-33 


William J. Alexander 


Mecklenburg 


1833-34 


William J . Alexander 


Mecklenburg 


1834-35 


William D. Haywood, Jr 


. Wake 


1835 


William H. Haywood, Ji 


-. Wake 


1836-37 


William A. Graham 


Orange 


1838-39 


William A. Graham 


Orange 


1840-41 



453 



NORTH CAROLINA MANUAL 2003-2004 



Hoiise of Commons (continued) 

Representative 
Robert B. Gilliam 
Clavin Graves 
Edward Stanly 
Edward Stanly 
Robert B. Gilliam 
Robert B. Gilliam 
James C. Dobbs 
John Baxter 
Samuel R Hill 
Jesse G. Shepherd 
Thomas Settle, Jr. 
William T. Dortch 
Nathan N. Fleming 
Robert B. Gilliam 
Richard S. Donnell 
Marmaduke S. Robbins 
Richard S. Donnel 
Samuel E Phillips 
Rufus Y. McAden 

House of Representatives 

Representative 
Joseph W Holden 
Joseph W. Holden 
Thomas J. Jarvis 
James L. Robmson 
James L. Robinson 
Charles Price 
John M. Mormg 
Charles M. Cooke 
George M. Rose 
Thomas M. Holt 
John R. Webster 
Augustus Leazar 
Rufus A. Doughton 
Lee S. Overman 
Zeb V Walser 
A.E Hileman 
Henr)' G. Connor 
Walter E, Moore 



County 


Assembly 


Granville 


1840-41 


Caswell 


1842-43 


Beaufort 


1844-45 


Beaufort 


1846-47 


Granville 


1846-47 


Graiwille 


1848-49 


Cumberland 


1850-51 


Henderson 


1852 


Caswell 


1854-55 


Cumberland 


1856-57 


Rockingham 


1858-59 


Wa)Tie 


1860-61 


Rowan 


1860-61 


Granville 


1862-64 


Beaufort 


1862-64 


Randolph 


1862-64 


Beaufort 


1864-65 


Orange 


1865-66 


Alamance 


1866-67 


es 

County 


Assenihlv 


Wake" 


1868 


Wake 


1869-70 


Tyrrell 


1870 


Macon 


1872 


Macon 


1874-75 


Davie 


1876-77 


Chatham 


1879 


Eranklm 


1881 


Cumberland 


1883 


Alamance 


1885 


Rockingham 


1887 


Iredell 


1889 


Alleghany 


1891 


Rowan 


1893 


Davidson 


1895 


Cabarrus 


1897 


Wilson 


1899-1900 


lackson 


1901 



454 





THE STATE LEGISLATURE 


CHAPTER FIVE 


House of Representatives (continued) 






Representative 


County 


Assembly 




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 




ijohn 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 I. 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 




' Cad J. Stewart, Jr. 


Gaston 


1979-80 





455 



NORTH CAROLINA MANUAL 2003-2004 



House of Representatives (continued) 



Representative 
Liston B. Ramsey 
Lision B. Ramsey 
Liston B. Ramsey 
Lision B. Ramsey 
Josephus L. Max'retic 
Daniel T. Blue, Jr. 
Harold J. Brubaker 
James B. Black 
Richard T. Morgan 



County 

Madison 

Madison 

Madison 

Madison 

Edgecombe 

Wake 

Randolph 

Mecklenburg 

Moore 



Assembly 

1981-82 

1983-84 

1985-86 

1987-88 

1989-90 

1991-94 

1995-98 

1999-Present 

2003-Present 



456 



THE STATE LEGISLATURE 



CHAPTER FIVE 




James Boyce Black 

Democratic Speaker of the House 

Democrat, Mecklenburg County 

One Hundredth Representative District: Portions of 
Mecklenburg County 

Early Years 

Born in 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. 

ProfessionalBackgwund 

Optometrist, Dr. James B. Black & Associates. 

Political Activities 

Speaker of the House of Representatives, 2003-Present, Member, N.C. House of 
Representatives, 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 Optometnc Association; Past President, North 
Carolina State Optometric Society; Matthews Optimist Club. 

Elective andAppointedBoards and Commissions 

: Board Member, Mecklenburg County Mental Health Association; Board Member, 
: Local Advisory Board, United Carolina Bank; Board of Trustees, N.C. Optometric 
Society. 

; Military Service 

'Petty Officer, 3rd Class, USNR, USS Massey 1955-56; Reserves 1956-60. 

j Honors and Awards 

' 1983 N.C. Optometrist of the Year; 1999 Honorary Doctorate, Lenoir Rhyne; 2000 
C^ptometrist 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. 



457 




NORTH CAROLINA MANUAL 2003-2004 

Richard Timothy Morgan 

Republican Speaker of the House 

Republican, Moore County 

Fifty-Second Representative District: Portions of 
Moore County 

Early Years 

Born in Soulhern Pmcs, Moore County, on July 
12, 1952, to Alexander and Mary Katherine Cram 
Morgan. 

EdueationalBacliground 

Piiiecrest High School, 1970; A. A. with Honors 
in Liberal Arts, Sandhills Community College, 
1972; B.A. m PoUtical Science, UNC-Chapel Hill, 
1974. 

ProfessionalBackground 

Owner, Richard T. Morgan & Associates and The Morgan Group. 

Political Activities 

Speaker of the House of Representatives, 2003-Present; Member, N.C. House of 
Representatives, 1996-Present. 

Business/Pix)fessional, Charitable/Civic or Community Semice Oi^anizations 

Director, Carolmas Association of Professional Insurance Agents; Independent 
Insurance Agents Association of N.C; Sandhills Association of Life Underwriters. 

Elective andAppointedBoards and Commissions 

Chair, First Moore County Drug Task Force; Member, Moore County Drug Task 
Force; Chair, Moore County Insurance Review Committee. 

Honors andAwards 

Outstanding Young Men in North Carolina, 1991; Distinguished Service Award, 
1991; Outstanding Young Men m America, 1976, 1977, 1979, 1980 and 1981 
editions. 

Pet^sonal Information 

Married, Cynthia Sue Richardson. Member, Community Presbyterian Church ot 
Pmehurst. 

Committee Assignments 

The speaker of the house appoints all committee memberships. 



458 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Joe Hackney 

House Democratic Leader 

Democrat, Orange County 

Fifty-Fourth Representative District: Cliatliam 
and Portions of Orange counties 

Early Years 

Born in Siler City, Chatham County, on 
September 23, 1945, to Herbert Harold and Ida 
LilUan Dorsett Hackney. 

EducationalBachground 

Silk Hope High School, 1963; N.C. State 
University, 1963-64; A.B. with Honors m 
PoUtical Science, UNC-Chapel Hill, 1964-67; 
J.D., UNC-Chapel Hill School of Law, 1970. 

ProfessionalBackgroimd 

Attorney and Partner, Firm of Epting & Hackney 

Political Actiuities 

Member, N.C. House of Representatives, 1981-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

ji Orange County (Former President), N.C. and American Bar Associations; N.C. 
* Academy of Trial Lavv^ers; Former President, 15th District Bar. 

Elective andAppointedBoards 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. 

I 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. Recycling Association, 1991. 

Personalln/brmation 

Married, Betsy Strandberg Hackney. Two children. Member, Hickory Mountain Baptist 
Church. 

Committee Assignments 

Chair, Judiciary I; Vice Chair, Environment and Natural Resources and Rules, 
Calendar and Operations of the House; Member, Appropriations and Finance. 



459 




NORTH CAROLINA MANUAL 2003-2004 

Joe Leonard Kiser 

House Republican Leader 

Republican, Lincoln County 

Ninety-Seventh Representative District: 
Lincoln County 

Early Years 

Born m Lmcolnion, Lincoln County, on 
August 20, 1933, to Fitzhugh and Lorene 
Goodnight Kiser. 

EducatJonalBackground 

Union High School, Lincoln County, 1951; 
B.S. in Physics, Lenoir-Rhpie College, 1954. 

ProfessionalBaclzground 

Former Sheriff, Lincoln County Sheriffs 

Department, 1989-94; Sixteen Years Engaged m Farming and Operating Kiser s 

Agricultural Supply; Eighteen Years High School Teacher and Coach. 

Political Activities 

Member, N.C. House of Representatives, 1995-Present; Lincoln County Sheriff, 
1989-94; Vice-Chair, Lincoln County Board of Commissioners, 1986-89. 

Elective and Appointed Boards and Commissions 

Governors Commission on Crime and Punishment, 1990-91; Lincoln County 
Board of Social Services, 1986-89; Governors Crime Commission, 1987-89. 

Honors andAwards 

Lincoln County Law Enforcement OtTicer of the Year, 1994; Lincoln County 
Republican of the Year, 1986. 

Personallnfbrmation 

Married, Earlene Self Kiser (deceased). One child. Member, Palm Tree United 
Methodist Church. 

Committee Assignments 

Chair, Appropriations Subcomittee on Justice and Public Safety; Member, Agriculture, 
Appropriations, Election Law and Campaign Finance Reform, Judiciary IV and 
Pensions and Retirement. 



460 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Beverly Earle 

House Democratic Whip 

Democrat, Mecklenburg County 

One Hundred-First Representative District: 
Portions of Mecklenburg County 

Early Years 

Born m Greensboro, Guilford County, on 
December 30, 1943, to Angelo Jr. and Edna 
Wilkins Miller. 

EducationalBackground 

Dudley High School, Greensboro, 1961; Social 
' Science, N.C. A&T State University 

ProfessionalBackground 

Retired. 

Political Activities 

'Member, N.C. House of Representatives, 1995-Present. 

Business/Professional, CharitabWCivic or Community Service Organizations 

: Executive Committee, NCSL; Nevms Center; National Organization of Black Elected 
Legislative Women. 

Appointive and Elected Boards and Commissions 

Women In Government; Board of Visitors, Johnson C Smith; N.C. Community 
Development Initiative. 

Honors and Awards 

March of Dimes, N.C. Pubhc Affairs Leadership Award, 2003; N.C. Psychiatric 
'Association, Beacon for Mental Health, 2003; Home & Hospice Leadership Avv^ard, 
.Representative of the Year, 2003. 

I Personal In fDrmation 

One child. Member, Christ the King Episcopal Church. 

j Committee Assignments 

'Chair, Appropriations; Member, Aging, Health, Judiciary IV and Science and 
Technology. 

i 



461 




NORTH CAROLINA MANUAL 2003-2004 

Robert Phillip Haire 

House Democratic Whip 

Democrat, Jackson County 

One Hundred-Nineteenth Representative 
District: JacJison, Swain and Portions of 
Haywood and Macon counties 

Early Yeai^ 

Born in Carcua, WV, on May 1, lo Herman 
E. and Pauline Jackson Haire. 

EducationalBcickgiryund 

Beaver Creek High Schook Wesl Jefferson; 
B.A. m History, UNC-Chapel HiU, 1958; 
J.D., UNC-Chapel Hill School of kaw, 196k 

Pir)fessionalBaclzgir)und 

Atlorney; R. Phillip Haire, Attorney At kaw. 

Political Activities 

Meriiber, N.C. House of Representatives, 1999-Present. 

Biisiness/F^x>fessionaly Charitable/Civic or Coniniunity Service Oi^anizations 

N.C. Bar Association; N.C. Academy ol Trial kav^yers; Jackson County Historical 
Association. 

Elective and Appointed Boards and Commissions 

Board ol Governors, University of North Carolina; Board ot Trustees, Western 
Carolina University; Advisory Council, Eastern Band ot the Cherokee Nation; Western 
North Carolina Economic Development Commission (Advantage West); Assistant 
Majority Counsel, U.S. Senate Select Committee on Campaign Activities (Watergate). 

Military Service 

Captain, JAGC, U.S. Air Force, 1962-65. 

Honors andAivaixis 

Distinguished Service Award, Jackson County Youth Sports; Chair, N.C. Conference 
of Bar Presidents; Distinguished Service Award, lackson Countv Historical 
Association. 

Personal In fonnation 

Married, Constance Mullmnix Haire. Three children, hour grandchildren. Member,! 
First United Methodist Church of Sylva. I 

Committee Assignments 

Chair, Appropriations Subcommittee on Justice and Public Safety; Vice Chair,; 
Appropriations; Member, Education, Education Subcommittee on Universities, 
Environment and Natural Resources, Judiciary IV and Transportation. 



462 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Marian Nelson McLawhorn 

House Democratic Whip 

Democrat, Pitt County 

Ninth Representative District: Portions of 
Pitt County 

Early Years 

Born in Kinston, Lenoir County, to Richard 
Alonza and Murle Chapman Harvey Nelson. 

EducationalBackground 

Grifton High School, Grifton, 1961; B.S. in 
Business Administration, East CaroUna 
University, 1967; Masters in Library Science, 
ECU, 1988; Education Leadership and 
Supervision Certihcation, ECU, 1997. 

ProfessionalBackground 

Media. 

Political Actwities 

Member, N.C. House of Representatives, 1999-Present; Mayor, Town of Grifton, 
1997-98; Commissioner, Town of Grifton, 1992-97. 

Business/Professional, Charitable/Ciuic or Community Service Organizations 

Business and Professional Women; Women's Forum, Greenville/Pitt County 
Chamber of Commerce. 

Elective andAppointedBoards and Commissions 

Democratic Whip, N.C. House, 2003-2004; Board of Directors, Sheppard Memorial 
Library Board, 1990-96 (Chair, 1993-95); Board of Directors, Grifton Civic Center 
Board, 1993-97 (Chair, 1994-96); Board of Directors, Grifton Library 1990-92. 

Honors andAwards 

'1999 Career Woman of the Year, BPW; Library Champion Award, N.C. Public 
(Library Directors Association; 1995 and 1998 Educator Spotlight Award, Craven 

1 County. 

Personalln/brmation 

Married to Richard Herman McLawhorn, III; Eour children. Three grandchildren. 
Member, Grifton United Methodist Church. 

Committee Assignments 

, Chair, Education Subcommittee on Community Colleges; Vice-Chair, 
Appropriations Subcommittee on Education, Education; Member, Appropriations, 
Judiciary III, Legislative Redistricting and Pensions and Retirement. 



463 



NORTH CAROLINA MANUAL 2003-2004 

Paul Miller 

House Democratic Whip 

Democrat, Durham County 

Twenty-Ninth Representative District: 
Portions of Durham County 

Early Years 

Born in Cleveland, Ohio, on August 25, 
1959 to Coleman and Martha Smith Miller. 

EducatJonalBackground 

Evanston Township High School, 1972; 
Mathmatics, M.I.T., 1981. 

ProfessionalBackground 

Registered Investment Advisor, Paul Miller 
Investments. 

Political Activities 

Member, N.C. House of Representatives, 2001-Present; Durham City Council, 1995- 
1999. 

Biisiness/Pix)fessional, Charitable/Civic or Community Service Organizations 

Durham Branch, N.A.A.C.R 

Elective andAppointedBoards and Commissions 

Durham Planning Commission, 1992-1995; Durham Youth Services Advisory 
Board, 1992-1995. 

Personal In fbiination 

Married, Vickie L. Booker Miller. One child. Member, St. Titus Episcopal Church. 

Committee Assignments 

Chair, Science and Technology; Member, Appropriations, Appropriations 
Subcommittee on Natural and Economic Resources, Financial Institutions, Judiciary 
1 and Rules, Calendar, and Operations of the House. 




464 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Trudi Walend 

House Republican Whip 

Republican, Transylvania County 

One Hundred -Tliirteenth Representative 
District: Polk and Portions of Henderson 
and Transylvania counties 

Early Years 

Born m Atlanta, Fulton County, Georgia, on 
June 25, 1943, to Rene Joseph and Elinor 
Arban Martin. 

EducationalBackground 

St. Pius X High School, Atlanta, 1961; B.S., 
Western Carolina University, 1977. 

' ProfessionalBackground 

■' Business Owner, Macintosh Help. 

Political Activities 

Member, N.C. House of Representatives, 1999-Present; Transylvania County 
Commissioner. 

Business/Professional, Charitable/Civic or Community Service Organizations 

American Association of University Women; American Red Cross Board. 

Elective andAppointedBoards and Commissions 

 NCSL National Committee on Information Technology & Commerce; N.C. Joint 

 Select Committee on Information Technology. 

; Honors and Awards 

2003 Legislator of the Year, N.C. Perinatal Association; 2001 Legislator of the Year, 
I Academy of Trial Lawyers. 

j Personalln/brmaHon 

Married, Kenneth Frank Walend. Three children. Four grandchildren. Member, Sacred 
j Heart Catholic Church. 

I Committee Assi^ments 

Chair, Appropriations Subcommittee on General Government; Member, 

Appropriations, Education, Education Subcommittee on Pre-School, Elementary 

I and Secondary Education, Financial Institutions, Judiciary II and Science Technology. 



465 




NORTH CAROLINA MANUAL 2003-2004 

Alma S.Adams 

Democrat, Guilford County 

Fifty-Eighth Representative District- 
Portions of Guilford County 

Early Years 

Born in High Point on May 27, 1946, to 
Benjamin (deceased) and Mattie Stokes 
Shealey. 

EducationalBackgixnmd 

West Side High School, Newark, NJ., 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/Multicultural Education, Ohio 
State University 1981. 

Pir)fessionalBackgix)und 

Pro lessor oi Art. Bennett College. 

Political Activities 

Member, N.C. House of Representatives, 1994-Present; Greensboro City Council, 
1987-94; Greensboro City School Board, 1984-86. 

Business/Pir)fessioiiaU Chaiitable/Civic or Community Service Or^anizatioiis 

African American Atelier, Inc.; Life Member, Greensboro Branch, N.A.A.CP; United 
Arts Council of Greensboro. 

Elective and Appointed Boarxis and Cormnissions 

N.C. Women's Legislative Caucus. 1999-2000; Founding Board Member, the 
American Legacv Foundation; Chair, Guilford Delegation, 2000-02. 

Honors andAwards 

2000 Distinguished Women of North Carolina; Distinguished W.K. Kellogg Fellow, 
1990-93; Woman of Achievement m the Arts, 1992. 

PersonallnforTnation 

Two children. Two grandchildren. Member, New Zion Missionary Baptist Church. 

Committee Assignments 

Chair, Local Government II; X'lce Chair, State Government; Member, Aging, 
Appropriations, Appropriations Subcommittee on General Government and Health. 



466 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Martha Bedell Alexander 

Democrat, Mecklenburg 
County 

One Hundred -Sixth Representative Dis- 
trict: Portions of Mecklenburg County 

Ekirly Years 

Born m Jacksonville, Florida, on August 30, 
1939, to Chester Bedell and Edmonia Hair 
Bedell. 

Education 

Robert E. Lee School, Jacksonville Florida, 
1957; B.S. in Education, Florida State 
University, 1961; Master of Human 
Development and Learning, UNC-Charlotte, 1979. 

PmfessionalBackgroimd 

Housewife. 

PoliticalActwities 

Member, N.C. House of Representatives, 1993-Present. 

Business/Professional, Charitable/Cwic or Community Service Organizations 

'World Service Council, YWCA; National Council on Alcoholism and Drug 
Dependence; Chair, Companion Diocese Committee, Episcopal Church. 

Elective andAppointedBoards and Commissions 

; Advisory Budget Commission; Joint Legislative Commission on Governmental 
Operations; Joint Legislative Oversight Committee on Mental Health, Developmental 
; Disabilities and Substance Abuse Services. 

Honors and Awards 

, 2000 Legislator of the Year, Covenant with North Carolina's Children; Defender of 
I Justice, N.C. Justice and Community Development Center; 2000 Legislative Advocate 
\ of the Year, NAADAC. 

I Personallnformation 

Married, James Frosst Alexander. Two children. Four grandchildren. Member, Christ 
Episcopal Church, Charlotte. 

Committee Assignments 

Chair, Legislative Redistricting; Vice-Chair, Finance; Member, Children, Youth and 
Families, Election Law and Campaign Finance Reform and Judiciary I. 



467 



NORTH CAROLINA MANUAL 2003-2004 

Bernard Allen 

Democrat, Wake County 

Tliirty-TJurd Representative District: 
Portions of Wake County 

Pix)fessioiialBacIigrx)und 

Retired Educaior. 

Political Activities 

Member, N.C. House of Representatives, 
2003-Present. 

Committee Assignments 

Vice-Chair, State Government; Member, 
Appropriations, Appropriations 

Sulocommittee on General Government, 
Education, Education Subcommittee on 
Community Colleges, Health and Pensions and Retirement. 




468 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Gordon Phillip Allen, Sr. 

Democrat, Person County 

Fifty-Fifth Representative District: Person 
and Portions of Orange counties 

Early Years 

Bom in Roxboro, Person County, on Apnl 29, 
1929, to G. Lemuel and Sallie Wilkerson Allen. 

EducationalBackground 

Roxboro High School, 1947; A. A. in 
Business, Mars Hill College, 1949. 

ProfessionalBackground 

Independent Insurance Agent, Thompson- 
Allen, Inc. 

Political Activities 

Member, N.C. House of Representatives, 1997-Present; N.C. Senate, 1969-1974. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Past Director, Independent Insurance Agents of North Carolma; Past President, 
Roxboro Kiwanis Club; Partners in Education. 

Elective andAppointedBoards 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 in the Korean 
War; Avv^arded Bronze Star, Korean Ser\TLce Medal with Two Bronze Service Stars; 
United Nations Medal with Two Bronze Stars; Overseas Service Bar. 

Honors andAivards 

1999 Distinguished Service Award, Mars Hill College; Thirty Year Service Award, 
Piedmont Community College; 1959 Jaycees Distinguished Service Award. 

Personalln/brmation 

Married, Betsy Harris Allen. Five children. Seventeen grandchildren. Member, Long 
Memorial United Methodist Church. 

Committee Assignments 

Chair, Finance; Vice-Chair, Public Utilities; Member, Education, Education Subcommittee 
on Community Colleges, Health and Transportation. 



469 



NORTH CAROLINA MANUAL 2003-2004 



Lucy T.Allen 

Democrat, Franklin County 

Forty-Ninth Representative District: 
Franklin and Portions of Halifax and 
Warren counties 

ProfessionalBacligtxnind 

Homemakcr. 

Political Activities 

Member, N.C. House of Representatives, 
2003-Present. 

Committee Assignments 

Vice-Chair, Local Go\'ernment II; Member, 
Appropriations, Appropriations 

Subcommittee on Transportation, 
Environment and Natural Resources, 
Insurance and Transportation. 




470 



THE STATE LEGISLATURE 



CHAPTER FIVE 




CaryD.AIIred 

Republican, Alamance County 

Sixty-Fourth Representative District- 
Portions of Alamance County 

Early Years 

j Born 111 Mebane, Alamance County, on 
I February 7, 1947, to Maurice Frank and Rosa 
:i Ftta Frances Sykes Allred. 

EducationalBackgroimd 

Southern Alamance High School, 1965; B.A. 
m Social Science, Elon College, 1970; 
• Graduate School, Davidson Community 
College and UNC-Greensboro, 1974-75. 

I ProfessionalBackground 

Founder, President and CEO, EconoMed 
Pharmaceuticals, Inc. 

Political Activities 

Member, N.C. House of Representatives, 1995-Present; Member, N.C. Senate, 1981- 
84; Alamance County Commissioner, 1984-94. 

Business/Professional, CharitahWCivic or Conununity Service Organizations 

Former Member, Graham Jaycees; Former Member, Alamance County Heart 
Association; American Legion. 

\ Appointive andElectedBoards and Commissions 

Former Member, Alamance County Board of Health; Former Chair, Special Gifts, 
, Alamance County Heart Association; Former Chair, Alamance Recycling and Solid 
: Waste Commission. 

^ Military Service 

iu.S. Na\7, NATO Special Forces, 1967-68; U.S. Naval Reserves. 

\ Honors and Awards 

I 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; Member, Appropriations, Appropriations Subcommittee on 
1 Health and Human Services, Financial Institutions and Health. 



471 



NORTH CAROLINA MANUAL 2003-2004 

Rex Levi Baker 

Republican, Stokes County 

Ninety-First Representative District: 
Stokes and Portions of Forsyth and Surry 
counties 

Early Years 

Born m King, Stokes County, on June 9, 
1938, to Henty Ralph and Mary Elizabeth 
Slate Baker. 

EdiwatJonalBacl^groimd 

Kn-ig High School, 1956; B.B.A., Wake 
Forest University, 1963; M.B.A., UNC- 
Chapel Hill, 1965, 

ProfessionalBackgrounjd 

Owner, King Foods, Inc. (.President, 1989- 
Present); Retired Executive, R.J. Repiolds. 

Political Actwities 

Member, N.C. House of Representatives, 1995-Present. 

Elective or Appointed Boards and Commissions 

Member, Board of Directors, N.C. Rural Center. 

Personallnfbrmation 

Married, Helen Virginia Wall Baker. Two children. One grandchild. 

Committee Assignments 

Chair, Appropriations; Member, Agriculture, Alcoholic Beverage Control, 
Occupational Safety and Health and State Government. 




472 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Bobby Harold Barbee, Sr. 

Republican, Stanly County 

Seventieth Representative District: Por- 
tions of Stanly and Union counties 

Early Years 

Born m Locust, Stanly County, on 
November 24, 1927, to Relus W and Joy 
Hartsell Barbee. 

EducationalBackground 

Graduate, Stanfield High School, 1945. 

ProfessionalBackground 

Owner, Barbee Insurance and Associates; 
Land development and home -building with 
B.B.S. Construction. 

PoliticalActiuities 

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 andAppointedBoards 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. 

Personalln/brmation 

Married, Jacqueline Pethel Barbee. Five children. Eleven grandchildren. Member, 
Carolina Presbyterian Church. 

Committee Assignments 

Chair, Wildlife Resources; Member, Appropriations, Appropriations Subcommittee 
on Transportation, Insurance, Local Government I and Pensions and Retirement. 



473 



NORTH CAROLINA MANUAL 2003-2004 

Jeffrey L Barnhart 

Republican, Cabarrus County 

Seventy-Fifth Representative District: Portiojis of 
Cabarriis County 

Early Years 

Born in VVax'eiiy, New York, on March 5, 1956, 
10 Fred Harrison and Mildred Lorraine Sjostrom 
Barnhart. 






Exhication 

Waverly High School, 1974; B.S. m Indiislrial 
Technology, Souihern Illinois University, 1981. 

Pir)fessionalBacIiground 

Sell-employed, Cabarrus Fence Co., Inc. 

Political Activities 

Member, N.C. House of Representatives, 2001-Present; Member, Cabarrus County 
Board of Commissioners. 

Business/Professional, Cliatitable/Civic or Community Service Oi^anizations 

Cabarrus Regional Chamber ol Commerce. I 

Elective and Appointed Boatxis and Commissions I 

Cabarrus County Economic Development Corporation, 1991-2000; Water & Sewer 
Authority of Cabarms County, 1994-2000. ' 

Military Service 

E-4, xA.ir Force Communications Command, U.S. Air Force, 1978-82. 

Pei'sonal Information 

Married, Jod)' L. Springston Barnhart. Four children. Member, Crossroads United, 
Methodist Church. 

Committee Assignments  

Chair, Appropriations Subcommittee on Health and Human Services; Member,, 
Appropriations, Children, Youth and Families, Education, Education Subcommittee 
on Universities, Health and Judiciaiy III. j 



474 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Larry Moseley Bell 

Democrat, Sampson County 

Twenty-First Representative District: Portions of 
Duplin, Sampson and Wayne counties 

Early Years 

Born in Faison, Sampson County, on August 18, 
1939, to Johnny Moseley and Fannie Mae Boone 
Bell. 

Education 

Douglass High School, Warsaw, 1957; B.S. in Social 

Studies and General Science, North Carolina A&T 

State University, 1961; M.A. in Education 

Administration, North Carolina AtSiT State University, 1976; Ed. S. in Education 

Administration, East Carolina University, 1985. 

ProfessionalBackground 

Retired School Superintendent. 

Political Activities 

Member, N.C. House of Representatives, 2001-Present; Sampson County 
Commissioner/Superintendent of Schools; Community College Trustee. 

Business/Professional, Charitable/Civic or Community Service 

Chairman, Division of Superintendents, NCASA; Sampson County Voters League; 
Chairman, Board of Trustees, Kenansville Eastern M. Baptist Association. 

Elective andAppointedBoards and Commissions 

Chairman, Region M. Council of Government; Member Joint Forum, League of 
Municipalities, County Commissioners; Chairman, Clinton/Sampson Human 
Relations Board. 

Honors andAwards 

Legislature of the Year Award, N.C. Physical Education Arts and Recreation 
Department, 2003; Elected to the Sampson County Hall of Fame, 2001; N.C. 
Librarians Association Administrator of the Year, 1993. 

Personallnfbrmation 

One child. Two grandchildren. Member, Poplar Grove Baptist Church. 

Committee Assignments 

Chair, Pensions and Retirement; Vice-Chair, Education Subcommittee on Pre-School, 
Elementary and Secondary Education; Member, Agriculture, Appropriations, 
Appropriations Subcommittee on Education and Ethics. 



475 




NORTH CAROLINA MANUAL 2003-2004 

J.Curtis Blackwood, Jr. 

Republican, Union County 

Seventy -Tliird Representative District: 
Portions of Union County 

Early Years 

Born in Charlotlc, Mecklenburg County, m 
1942. 

Educaiion 

Attended Mecklenburg County Public Schools; 
Graduated Gordon Military Academy, 
Barnsville, GA; B.A. m History, University of 
Georgia; M.Ed, m Administration, Ohio 
Universtiy; Ed.D. in Curriculum and Administration, University ol Georgia. 

ProfessionalBackground 

Teacher and Principal, 1965-1983. Businessman, property owner and management, 
1980-present. 

Political Activities 

Member, N.C. House of Representatives, 2002-Present. 

Businjess/Pix>fessionaU Charitable/Civic or Community Service Organizations 

American Legislative Exchange Council Education Task Force; National Conference 
of State Legislatures Environment and Natural Resources Standing Committee; Co- 
Chair, Joint Select Committee on Workforce Needs; Committee on Street Gang 
Pevention; Committee on Child Abuse, Neglect, Foster Care and Adoption; Select 
Committee on the Rising Cost of Health Care; Select Committee on Students on 
Long-Term Suspension; Life Member, Kiwanis International, Scottish Society of 
the Waxhaws, Clan Douglas. 

Personallnfoimation 

Married Audrey Blackwood. Two children. Member, United Methodist Church. 

Committee Assignments 

Vice-Chair, Occupational Safety and Health; Member, Education, Education 
Subcommittee on Pre-School, Elementaiy and Secondary Education, Environment 
and Natural Resources, Finance and Ways and Means. 



476 



THE STATE LEGISLATURE CHAPTER FIVE 




JohnM.BIust 

Republican, Guilford County 

Sixty-Second Representative District: 
Portions of Guilford County 

Early Years 

Born in 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. 

ProfessUmalBackground 

Attorney. 

Political Activities 

Member, N.C. House of Representatives, 2001-Present; Member, N.C. Senate, 1997- 
99. 

Elective andAppointedBoards and Commissions 

Member, Board of Directors, Guilford Mental Health Board; Vance Harner Scholarship 
Fund. 

Military Service 

Captain, 82nd Airborne, 2nd Infantry Dmsion, U.S. Army, 1982-85. 

Personallnfbrmation 

Member, Westover Church. 

Committee Assignments 

None.. 



477 



NORTH CAROLINA MANUAL 2003-2004 

Donald Allen Bonner 

Democrat, Robeson County 

Forty-Eighth Representative District: 
Portions of Hoke, Robeson and Scotland 
counties 

Early Years 

Born in Rowland, Robeson Couni); on June 
22, 1935, to Ernest and Catherine G. McGirt 
Bonner. 

EducationalBacfiground 

Southside High School, Rowland, N.C., 
1951; B.S. m Biology/Physical Education, 
N.C. Central University, 1955; M.S. m 
Physical Education, N.C. Central University, 
1964; Ed. Specialist. East Carolina 
University 1982. 

ProfessionalBacIiground 

Retired Educator, Robeson County Public Schools. 

Political Activities 

Member, N.C. House of Representatives, 1997-Present. 

Business/F^'ofessional, Chantable/^Civic or Coimnwiity Service Organizations 

Life Member, NAACP; N.C. Association of Retired School Personnel; Alpha Phi 
Alpha Fraternity 

Elective and Appointed Boarxis and Commissions 




Advisory Board, Rowland Branch, Lumbee Guaranty Bank; Advisory Board, 
NCHSAA. 

Military Seiuice 

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. 

Pei'sonallnfbnnation 

Married, Elizabeth Parnell. One child. Member, New Hope United Methodist Church. 

Committee Assignments 

Chair, Education; Member, Agriculture, Appropriations, Appropriations Subcomittee 
on Education, Election Law and Campaign Finance Reform and Judiciary II. 



478 



THE STATE LEGISLATURE CHAPTER FIVE 




Alice Louise Bordsen 

Democrat, Alamance County 

Sixty- Tliird Representative District: 
Portions of Alamance County 

Early Years 

Born m Minneapolis, Minnesota, on 
February 19, 1947, to Oscar and Gloria 
Thomas Bordsen. 

Educatkm 

Myers Park High School, Charlotte; B.A. 
m History UNC-Chapel Hill, 1977; M.S. 
in Library Science, UNC-Chapel Hill, 1983; 
J.D.,NCCU, 2001. 

ProfessionalBackground 

Attorney. 

Political Activities 

Member, N.C. House of Representatives, 2003-Present; Mebane City Council, 1999- 
2002. 

Business/ProfessionaU Charitable/Civic or Community Service Organizations 

Alamance County Community Council; Alamance County Womens Resource Center; 
N.C. Association of Trial Lawyers. 

Elective andAppointedBoards and Commissions 

N.C. Prisoners Legal Services. 

Honors andAwards 

N.C. Freshman Legislator of the Year, Association of Home and Hospice Care of 
N.C, 2004. 

Personallnformation 

Married, Donald Oehler. Two children. Two grandchildren. 

Committee Appointments 

Vice-Chair, Fducation Subcommittee on Community Colleges; Member, Aging, 
Education, Finance, Judiciary II and Public UtiHties. 



479 




NORTH CAROLINA MANUAL 2003-2004 

Joanne W.Bowie 

Republican, Guilford County 

Fifty-Seventh Representative District: Portions of 
Guilford County 

Early Years 

Born in Terre Haule, 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. 

PixyfessionalBackground 

Retired Public Relations Specialist. 

Political Activities 

Member, N.C. House of Representatives, 1989-Present; Greensboro City Council, 
1977-88. 

Busiiiess/PixtfessionaU Cfiaritable/Civic or Community Service Organizations 

Greensboro Chamber of Commerce (Board of Directors, 1986); Mothers March, 
March of Dimes (Chairman of Local March, 1974-75); Board of Directors, N.C. 
Retail Merchants Association. 

Elective and Appointed Boarxis and Commissions 

State Board of Community Colleges, 1985-88; Governors Appointee, 2001 
Transportation Commission; Governors Appointee, Rail Passenger Service Task 
Force Committee, 1991. 

Honors andAwards 

1998, 1999 Woman of the Year, Guilford County RepubUcan Women; 2000-2001 
State Director, N.C. Foundation for Women Legislators, Inc.; 2000 Legislator of 
the Year Award, N.C. Society of Eye Physicians and Surgeons. 

Personal In foimation 

Two children. Three grandchildren. Member, Saint Paul the Apostle Catholic Church, 
Greensboro. 

Committee Appointments 

Chair, Education Subsommittee on Universities; Member, Appropriations; 
Appropriations Subcommittee on Health and Human Sen-ices; Education; Health; 
Judiciaiy IV and State Government. 



480 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Harold James Brubaker 

Republican, Randolph County 

Seventy-Eighth Representative District: Portions of 
Randolph County 

Early Years 

Born in Mount Joy, Pennsylvania, on November 1 1 , 
1946, to Paul N. and Verna Mae Miller Brubaker. 

EducatioruUBackground 

B.S. in Agricultural Economics, Pennsylvania State 
University, 1969; Masters in Economics, N.C. State 
University, 1971. 

ProfessionalBackground 

President, Brubaker & Associates, Inc. 

Political Activities 

Member, N.C. House of Representatives, 1977-Present (Speaker of the House, 1995- 
98; House Minority Leader, 1981-84; Joint Caucus Leader, Republican Members 
of the N.C. General Assembly, 1979-80); Co-Chairman, N.C. Reagan-Bush 
Committee, 1980; Delegate-at-Large, National Republican Convention, 1980, 1996 
and 2000. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Randolph County Farm Bureau; Grange; N.C. Holstem Association; 4-H Club leader 
(Former President, N.C. Development Fund). 

Honors andAwards 

Outstanding Young Men m N.C, 1981; Outstanding 4-H Alumni of N.C, 1981; 
Distinguished Service Award, 1981. 

Personallnfbrmation 

Married, Geraldine Baldwin. Two children. Member, St. John's Lutheran Church. 

Committee Assignments 

Ex-officio member of all committees except Congressional Redistricting and 
Legislative Redistricting; Chair, Public Utilities; Member, Ethics; Legislative 
Redistricting; Rules, Calendar, and Operations of the House. 



481 



NORTH CAROLINA MANUAL 2003-2004 




J. Russell Capps 

Republican, Wake County 

Fiftieth Representative District: Portions of 
WaJie County 

Early Years 

Born in Raleigh, Wake County, on February 
26, 1931, to Jasper D. "Jack" and Flora 
Starling Capps. 

EducatkmalBachgrounjd 

Hugh Morson High School, Raleigh, 1949; 
Radio/Television Institute of Chicago, 1950; 
B.S. m Sociology, Wake Forest Uruversity, 
1955; Southeastern Baptist Theological 
Seminary, 1957; City/County Government 
Administration, Institute ol Government, 
1969. 

ProfessionalBacJiground 

Retired. 

Political Activities 

Member, N.C. House of Representatives, 1995-Present. 

Business/F^fessional, Charitable/Civic or Community Service Oi^anizations 

Wake County Taxpayers Association (President, 1992-Present); Former Volunteer 
and Chief Fireman, Wake New Hope Volunteer Fire Department; President, Wake 
County Firemen's Association. i 

Elective and Appointed Boards and Commissions 

Trustee, Radio/Television Commission; Southern Baptist Convention (eight years); j 
Board ol Visitors, Southeastern Baptist Theological Seminary. j 

Personalln/brmation 

Married Gayle McLaurm Capps of Fuquay-Varina. Two children. Member, Mid- 1 
Way Baptist Church, Raleigh. 

Committee Assignments 

Vice-Chair, Local Government II; Member, Environment and Natural Resources; 
Finance; Judiciary I and State Government. 



482 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Becky Carney 

Democrat, Mecklenburg 
County 

One Hundred-Second Representative 
District: Portions of Mecklenburg County 

Early Years 

Born in Roxboro, Person County, on 
December 25, 1944, to James M. Coley and 
Mona Bohanon Coley. 

EducationalBackgroimd 

Needham B. Broughton High School, 1963. 

ProfessionalBackground 

Homemaker/Public Servant. 

Political Activities 

Member, N.C. House of Representatives, 2002-Present; Mecklenburg Board of 
County Commissioners, 1996-2002. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Charlotte Mecklenburg Education Foundation (Education Advocate); Leadership 
Charlotte Board; The Women's Forum of North Carolina. 

Elective andAppointedBoards and Commissions 

National Association of Counties (NACO); Education Budget Advisory Commission 
(founding members); Council for Children Advisory Board. 

Honors andAwards 

County Commissioner of the Year (N.C), 2000; Legislator of the Year, The ARC of 
Mecklenburg County, 2003; Women of Achievement Award, General Federation of 
Women's Clubs of N.C, 2004. 

Personallnfbrmation 

Married, Gene J. Carney. Six children. Five grandchildren. Member, St. Peter's 
Episcopal. 

Committee Assignments 

Vice-Chair, Local Government 1; Member, Children, Youth and Familities; Education; 
Education Subcommittee on Pre-School, Elementary and Secondary Education; 
Environment and Natural Resources and Finance. 



483 




NORTH CAROLINA MANUAL 2003-2004 

Walter Greene Church, Sr. 

Democrat, Burke County 

Eighty-Sixth Representative District- 
Portions of Burke County 

Early Years 

Born in Caldwell County, on June 30, 1927, 
to Anderson M. Church and Rosa Triplett 
Church. 

EducationalBackground 

Francis Garrou High, 1944-45; Amherst 
College, 1945-46; Banking and Finance, 
University oi Wisconsin, 1962-64. 

Prr)fessionalBacfzgix)und 

Semi-retired. 

Political Activities 

Member, N.C. House of Representatives, 1992-Present. 

Busijtess/Pixjfessiojial, Charitable/Civic or Community Service Organizations 

Burke County Industrial Pollution Control Authority, Chair, United Fund. 

Elective and Appointed Boaixls and Commissions 

Board ot 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. 

Personallnforination 

Married, Verta Burns Church. Two children. Three grandchildren. Member, 
Presbyterian Church. 

Committee Assignments 

Chair, Financial Institutions; Vice-Chair, Environment and Natural Resources; ' 
Member, Appropriations; Appropriations Subcommittee on Health and Human , 
Services; Legislative Redistricting and Rules, Calendar, and Operations of the House. 



484 



THE STATE LEGISLATURE CHAPTER FIVE 




Debbie A. Clary 

Republican, Clexeland 
County 

One Hundred-Tenth Representative 
District: Portions of Cleveland and 
Gaston counties 



Early Years 

Born in Shelby, on August 29, 1959, to 
Steven B. (deceased) and Ann Clary. 

EducationalBackground 

Blacksburg High School, Blacksburg, S.C, 
1977; Business Administration, Gardner 
Webb University 1977-80. 

ProfessionalBackground 

President, Millennium Marketing Group. 

Political Activities 

Member, N.C. House of Representatives, 1995-Present. 

Business^Professional, Charitable/Civic or Community Service Organizations 

Gaston County Chamber of Commerce; Shelby Lions Club; Co-Chair, N.C. Study 
Commission of Agmg; Medical Malpratice Reform Study Commission. 

Elective andAppointedBoards and Commissions 

: Life Enrichment Center; Board of Directors, Adventure House; Advisory Board, 
 Gardner- Webb University. 

Honors and Awards 

' Law Enforcement Legislator of the Year; Home Care Hero Award; Luther "Nick" 
I Jeralds Award; Dorothea Dix Award; Graduated Drivers License State Award. 

I Personal Information 

Member, Rock Springs Baptist Church. 

I Committee Assignments 

\ Chair, Appropriations; Member, Financial Institutions, Health, Judiciary I and 
. Legislative Redistricting. 



485 



NORTH CAROLINA MANUAL 2003-2004 




LoreneThomason Coates 

Democrat, Rowan County 

Seventy-Seventh Representative District: 
Portions of Rowan County 

Early Years 

Born in Rowan County, to Junious Lamont 
and Maiy Belle Hoffman Thomason. 

EducationalBackground 

Woodleaf High School, Woodleaf, 1954; 
Rowan-Cabarrus Community College. 

Prx)fessionalBacfigrvund 

Retired. 

Political Activities 

Member, N.C. House of Representatives, 
2001 -Present. 

Business/Pt^fessional, Charitable/Civic or Community Service Organizations 

Rowan Helping Ministries; Altrusa Club of Salisbury. 

Elective andJ^pointedBoards and Commissions 

N.C. Child Fatality Task Force; N.C. Public Health Commission. 

Honors andAivatxls 

Outstanding Performance Award, USDA-ASCS-Service in the Southeast; Presidents 
Award, Helping Ministries Award. 

Per^sonal Information 

Married, Floyd E. Coates. Two children. Three grandchildren. Member, Bethel 
Lutheran Church. 

Committee Assignments 

Chair, Transportation; Member, Agriculture, Appropriations, Appropriations 
Subcommittee on Transportation, Military, Veterans and Indian Affairs and Public 
Utilities. 



486 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Edward Nelson Cole 

Democrat, Rockingham 
County 

Sixty-Fifth Representative District: 
Caswell and Portions of Rockingham 
counties 

Early Years 

Born in Charlotte, Mecklenburg County, on 
March 29, 1937, to Marvin Reid Cole and 
Hazeline Cathey Cole. 

EducationalBackground 

North Mecklenburg High School, 
Huntersville, 1955; B.S. in Business 
Administration, University of South 
Carolina, 1962. 

ProfessionalBachground 

Retired Auto Dealer. 

Political Activities 

Member, N.C. House of Representatives, 1992-94 and 1996-Present. 

Business/Professional, Charitable/Civieor Community Service Organizations 

N.C, Automobile Dealers Association; National Automobile Dealers Association; 
Past President, Reidsville Chamber of Commerce. 

Elective andAppointedBoards and Commissions 

Former Member, Board of Directors, United Way. 

Honors andAwards 

2000 Legislator of the Year Award, N.C. Public Transportation Association. 

Personallnjbrmation 

Married, Libby Lewter Cole. Three children. Tvv'o grandchildren. Member, First 
Presbyterian Church. 

Committee Assignments 

Chair, Appropriations Subcommittee on Transportation; Vice-Chair, Appropriations; 
Member, Commerce, Finance; Financial Institutions; Occupational Safety and Health 
and Transportation. 



487 




NORTH CAROLINA MANUAL 2003-2004 

James W.Crawford, Jr. 

Democrat, Granville County 

TJiirty-Second Representative District: 
Portions of Durham, Granville and Vance 
counties 

Early Years 

Born m Durham, Durham County, on 
October 4, 1937, to James Walker and Julia 
Brent Hicks Crawford. 

EducationalBackground 

Oxford High School, Oxford, 1956; B.S. 
in Industrial Relations, UNC-Chapel Hill, 
1960. 

ProfessionalBacIzground 

Businessman and Developer; Partner, 
Crawford Properties. 

Political Activities 

Member, N.C. House of Representatives, 1983-92 and 1995-Present; Oxford City 
Council. 

Business/Pixifessional, Charitable/Civic or Community Service Organizations 

N.C. Mental Health Association; Education and Transportation Committees, N.C. 
Citizens for Business & Industn,'; N.C. Retail Merchants Association. 

Elective andAppointedBoards and Commissions 

Vance-Granville Community College Foundation; Chair, Oxford Zoning Board of 
Adjustment; Granville Medical Center Foundation. 

Military Service 

Lieutenant (j.g.), Operations Officer, U.S. Navy 1960-62. 

Honors andAwards 

Legislator of the Year, N.C. Nurses Association, 2003; Contribution to Transportation 
Award, N.C. Section of Institute of Transportation Engineers (NCSITE), 2003; 
Outstanding Legislator, N.C. Public Transportation Association, 2000. 

Per^sonalln/brmation 

Married, Harriet Coltrane Cannon Crawford. Three children. Seven grandchildren. 
Member, Oxford United Methodist Church. 

Committee Assignments 

Chair, Appropriations; Member, Election Law and Campaign Finance Retorm; 
Legislative Redistricting; Rules, Calendar, and Operations of the House and 
Transportation. 



488 



THE STATE LEGISLATURE CHAPTER FIVE 




Billy James Creech 

Republican, Johnston County 

Twenty-Sixth Representative District- 
Portions of Johnston and Wayne counties 

Early Years 

Born in Smithfield, Johnston County, on 
March 25, 1943, to Worley Nevelle and 
Geraldine Godwin Creech. 

EducationalBackground 

Wilsons Mills High School, 1962; Mount 
Olive College. 

ProfessionalBackground 

Owner and Operator, Specialty Lumber 
Company. 

PoliticalActwities 

Member, N.C. House of Representatives, 1989-2003. 

Business'Professional, CharitabWCivic or Cornrnunity Service Organizations 

Southeastern Lumberman's Manufacturing Association; Member, Ducks Unlimited; 
Member, Keep Johnston County Beautiful, Inc. 

Elective andAppointedBoards and Commissions 

Community Resource Council, Johnston County Prison Unit; Farmers Home 
Administration (Chairman, 1985-86); Advisory Board, Bank of Pme Level. 

Military Service 

U.S. Army Reserve. 

Personal In/brmation 

Married, Donna Arrants Creech. Member, Christian Church (Disciples of Christ), 
Wilsons Mills. 

Committee Assignments 

Member, Aging; Agriculture; Finance; Science and Technology and Wildlife 
Resources. 



489 




NORTH CAROLINA MANUAL 2003-2004 

Arlie Franklin Gulp 

Republican, Randolph County 

Sixty-Seventh Representative District: 
Portions of Randolph County 

Early Years 

Born in Badm, Sianly County, on April 9, 
1926, 10 Arlie Franklin and Mary Eula Smidi 
Gulp, Sr. 

EdiicationalBacI?grr)imd 

Badm Public Schools, 1942; A.B. m 
Chemistry Catawba College, 1950; B.S. m 
Plant Science, A&T State University, 1976. 

ProfessionalBaclzground 

Retired. 

Political Activities 

Member, N.C. House of Representatives, 1989-Present. 

Business/Prnfessional, Charitable/Civic or Conununity Service Ot^anizatiotis 

Randolph Rotary Club (President, 1964-65); Co-Chair, Randolph County Mayors 
Committee tor Disabled Persons; Randoplh Livestock and Poultry Improvement 
Association. 

Elective and Appointed Boatxis and Commissions 

Board of Directors, Yadkin Pee Dee Project; Advisory Board, Randolph County ; 
Cooperative Extension. j 

Military Service j 

Seaman 1st Class, U.S. Na\'al Air Force, 1944-46, U.S. Na\y; Good Conduct Medal. < 

Honors andAwarxls 

Distinguished Service Award, Asheboro Jaycees, 1959; 1998 Outstanding Citizen 
Award and C. Odell Tyndall Award, N.C. Rehabilitation Association. 

Per^sonalln/bnnation 

Married, Daisy Mae Farlov/ Gulp (deceased). One child (deceased). Member, Jordan 
Memorial United Methodist Church. 

Committee Assignments 

Member, Aging; Agriculture; Appropriations; Appropriations Subcommittee on 
Natural and Economic Resources; State Government and Ways and Means. 



490 



THE STATE LEGISLATURE 



CHAPTER FIVE 



William T. Culpepper, 

Democrat, Chowan County 

Second Representative District: Chowan, 
Dare, Perquimans, Tyrrell and Portions of 
Gates counties 

Early Years 

Born in Elizabeth City, Pasquotank County, 
on January 23, 1947, to William T., Jr. and 
Shirley Perry Culpepper. 

EducationalBackground 

Elizabeth City High School, 1964; B.S. m 
History and Economics, Hampden-Sydney 
College, 1968; J.D., Wake Forest 
University, 1973. 

ProfessionalBackground 

Lawyer; County Attorney, Chowan County, 1979-Present. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Edenton Rotary Club (President 1986-87); Edenton Historical Commission. 

Personalln/brmation 

Two children. Member, St. Pauls Episcopal Church, Edenton, 

Committee Assignments 

Ex officio member of all committees except Congressional Redistricting and 
I Legislative Redistrictmg; Chair, Rules, Calendar, and Operations of the House; 
I Member, Legislative Redistricting and Public Utilities. 




491 




NORTH CAROLINA MANUAL 2003-2004 

William''Pete"Cunningham 

Democrat, Mecklenburg 
County 

One Hundred Seventh Representative 
District: Portions of Mecklenburg County 

Early Years 

Born in Monroe, Union Couniv, on 
November 7. 

EducationalBackground 

Winchester Avenue High School; A.E. 
Certificate, Coyne Electronic Institute, 
1950; Johnson C, Smith University, 1950- 
52; Business Law, Florida Extension, 
Charleston A.EB. 

ProfessionalBacfiground 

CEO, HKL, Inc, President and Co-Owner, Hatchett and Cunningham Associates, 
1973-84. 

Political Activities 

Member, N.C. House of Representatives, 1987-Present; Minority Whip, N.C. House, 
1995-96; Vice-Chair, 1994-1995; N.C. Legislative Black Caucus, 1999-Present; 
Assistant to the Speaker, N.C. House of Representatives; Ex-ofiicio member to all 
committees. 

Business/Prx)fessional, Charitable/Civic or Community Setuice Organizations 

Life Member, NAACP; NAACP Legal Defense Eund; VEW 

Elective andAppointedBoards 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. Naxy, Retired, 1972; Good Conduct Medal, ETO (American 
Defense), Outstanding Awards, Leadership Certificates. 

Per^sonallnformation 

Member, Parkwood CME Church. 

Committee Assignments 

Chair, Ethics; Vice-Chair, Legislative Redistnctmg. 



492 



THE STATE LEGISLATURE CHAPTER FIVE 




William Gray Daughtridge, 
Jr. 

Republican, Nash County 

Twenty-Fifth Representative District: 
Portions of Nash County 

Early Years 

Born in Rocky Mount, Nash County, on 
December 19, 1952, to William Gray, Sr. 
and Carol P. Wiggins Daughtridge. 

EducationalBackground 

Rocky Mount Senior High School, 1971; 
B.S.B.A., UNC-Chapel Hill, 1975; MBA, 
UNC- Chapel Hill, 1977. 

ProfessionalBackground 

President, Daughtridge Gas Company. 

Political Activities 

Member, N.C. House of Representatives, 2002-Present. 

Business/F^fessionaly Charitable/Civic or Community Service Organizations 

Boy Scouts of America, President, Area 7, Southern Region; Wachovia Bank, Board 
of Directors; N.C. Petroleum Marketers Association. 

Elective andAppointedBoards and Commissions 

N.C. Board of Travel and Tourism; Joint Select Committee on Economic Growth 
and Development; Joint Select Committee on Small Business Economic 

I Development. 

Military Service 

North Carolina National Guard, 1972-78. 

' Honors and Awards 

Nominated for Entrepreneur of the Year, 2003; Received numerous petroleum and 

II convenience store industry awards; Highly decorated Boy Scout, Eagle Scout, Silver 
Beaver Award. 

I 

' Personal Information 

Married Partha Council Daughtridge. Two children. Member, Eirst Presbyterian 
Church of Rocky Mount. 

! Committee Assignments 

Vice-Chair, Transportation and Einance; Member, Agriculture, Commerce, Education, 
Education Subcommitte on Universities, Election Law & Campaign Einance Reform. 



493 



NORTH CAROLINA MANUAL 2003-2004 




Namon Leo Daughtry 

Republican, Johnston County 

Twenty -Eighth Representative District: 
Portions of Johnston County 

Early Yeai^ 

Born in Newlon Grove, Sampson County, 
on December 3, 1940, to Namon Lutrell and 
Annie Catholeen Thornton Daughtry. 

EducatiotialBackgrx)imd 

Hobbton High School, 1958; B.A., Wake 
Forest University, 1962; L.L.B., Wake Forest 
University School ot Law, 1965. 

PwfessionalBacfzgrx)und 

Attorney and Partner, Daughtry, Woodard, 
Lavv'rence & Starling. Owner of several small 
businesses. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present (Majority Leader, N.C. House, 
1995-1998; Minority Leader, N.C. House, 1999-Present); Member, N.C. Senate, 
1989-92; Delegate to the National Republican Convention, 1976-1996. 

Business/Professional, Charitable/Civic or Community SeiTiice Organizations 

Smithfield Tobacco Board of Trade; Member, North Carolina and Johnson County 
Bar Associations; Past Board Member, Florence Cnttenton Services. 

Elective andAppointedBoards and Commissions 

Board of Trustees, Meredith College; Past Board Member, Board o^ Directors, World 
Trade Center. 

Honors and Awards 

Guardian of Small Business Award, Naitonal Federation of Indpendent Business, 
1998; Republican Leader of the Year, National Republican Legislators Association, 
1998; Boy Scout Man of the Year, 1996. 

Military Service 

Captain, U.S. Air Force, Europe, 1966-70. 

Personal In fi)nnation 

Married, Helen Finch Daughtry. Two children. Two grandchildren. Member, St. 
Pauls Episcopal Church, Smithfield. 

Committee Assignments 

Member, Agriculture; Appropriations; Appropriations Subcommittee on General 
Government; Elections Law and Campaign Finance Reform; Judiciaiy 1; Occupational 
Safety and Health. 

494 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Michael Paul Decker, Sr. 

Democrat, Forsyth County 

Ninety-Fourth Representative District: 
Portions of Forsyth County 

Early Years 

Bom in Red Bud, Illinois, on December 18, 
1944, to Harvey and Maxine Parvin Decker. 

EducationalBackgroimd 

Central High School, Cape Girardeau, 
Missouri, 1962; Bachelor of Religious 
Education, Piedmont Bible College, 1974; 
B.S. in Education, Winston-Salem State 
University, 1976. 

ProfessionalBackground 

Teacher. 

PoliticalActivities 

Member, N.C. House of Representatives, 1985-Present. 

Business^Professionaly ChaHtahle/Cwic or Community Service Organizations 

Little League Baseball (Board of Directors, 1981-84, Secretary, 1982-83, Coach, 
1979-81); Arthritis Foundation of Winston-Salem; Arthritis Eoundation of North 
Carolina. 

Military Service 

E-5, Submarine Service, U.S. Na\y, 1962-68; National Defense, Good Conduct 
Medals. 

Honors andAwards 

1998 Friend of the Family; 1997 Pro-Life Legislator of the Year; 1992 Friend of the 
Taxpayer. 

Personalln/brmation 

Married, Marlene Allen Decker. Three children. One grandchild. Member, Gospel 
Light Baptist Church, Walkertown. 

Committee Assignments 

Chair, Ways and Means; Vice-Chair, Finance; Member, Commerce, Legislative 
Redistnctmg, Local Government II. 



495 



NORTH CAROLINA MANUAL 2003-2004 




Margaret Highsmith 
Dickson 

Democrat, Cumberland 
County 

Forty-First Representative District: Por- 
tions of Cumberland County 

Early Yeai^ 

Born in Fayetteville, Cumberland County, 
on September 21, 1949, to Seavy, Jr. and 
Ann Dawson Highsmith. 

EducationalBacfzgwund 

Saint Marys School, Raleigh, 1967; B.A. 
English, UNC-Chapel Hill, 1971; graduate 
studies in communications, UNC-Chapel 
Hill. 

F*ix)fessiotialBacl2grvwid i 

Retired Broadcaster, Cape Fear Broadcasting Company. 

PoliticalActivities I 

Member, N.C. House of Representatives, 2002-Present. 

i 
Business/Piryfessional, Charitable/Civic or Cojninunity Seiuice Organizations \ 

Board ol Directors, Fayetteville Chamber of Commerce; Board ot Visitors, UNC- 
Chapel Hill; Vice-Chair, Fayetteville State University Foundation. i 

Honors andAivatxIs 

First Place Editorial Writing, Associated Press, 2001. \ 

Pei^sonalln/bnnation 

Married, John W Dickson. Three children. Member, St. Johns Episcopal Church. 

Conunittee Assignments 

Vice-Chair, Occupational Safety and Health; Member, Appropriations, Appropriations 
Subcommittee on Transportation, Commerce, Education, Education Subcomittee  
on Universities. 



496 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Jerry Charles Dockham 

Republican, Da\idson County 

Eightieth Representative District: Portions 
of Davidson County 

Early Years 

Born m Denton, Davidson County, on 
March 22, 1950, to Elwood Charles and 
Opal M. Coggin Dockham. 

EducationalBackground 

Denton High School, 1968; B.S. in Business, 
Wake Forest University, 1972. 

ProfessionalBackgroimd 

Insurance and Investments. 

PoliticalActivities 

Member, N.C. House of Representatives, 1990-Present; Former Chair, Davidson 
County Republican Party; Fellow, North Carolina Institute of Political Leadership. 

Business^Professional, Charitable/Civic or Communiiy Service Organizations 

Fellow, Life Underwriting Training Council; Denton Lions Club U 5-year member); 
Thomasville Area Chamber of Commerce. 

Elective andAppointedBoards and Commissions 

Trustee of Davidson County Community College, 1987-Present; Member, Board 
of Directors of Central Carolina Bank & Trust Co. 

Honors andAwards 

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 Service. 

Personalln/brmation 

i Married, Louise Skeen Dockham. Two children. Member, Central United Methodist 
Church. 

Committee Assignments 

! Chair, Education Subcommittee on Pre-School, Elementary and Secondary 
j Education; Member, Appropriations, Appropriations Subcommittee on Education; 
Children, Youth and Families, Commerce, Education, State Government. 



497 




NORTH CAROLINA MANUAL 2003-2004 

Rick Louis Eddins 

Republican, Wake County 

Fortieth Representative District: Portions 
of Wake County 

Early Years 

Born in Raleigh, Wake County, on July 20, 
1953, 10 Herbert L. and Flonnie Young 
Eddins. 

EducationalBacfiground 

Vaiden Whitley High School, 1971; 
Computer Programing, ECPI, 1972. 

PtnfessionalBackground 

Business Owner, Rolesville Furniture. 

Political Activities 

Member, N.C. House of Representatives, 1995-Present. 

Business/Prr)fessional, Chatitable/Civic or Community Service Organizations 

Past President, Rolesville Area Chamber of Commerce; N.C. Victims Assistance 
Network; American Legislative Exchange Council. 

Elective andAppointedBoards and Commissions 

Founding Board Member, Franklin Academy Charter School. 

Military Service 

Army National Guard. 

Honors and Awards 

North Caroliana Victims Assistance Network-Political Action Award, 1997 and 
2002. 

Per^sonalln/bnnation 

Married to Sharon Long Eddins. Two children. Member, North Raleigh United 
Methodist Church. 

Committee Assignments 

Chair, Legislative Resdistncting; Ex-ofhcio all committees. 



498 



THE STATE LEGISLATURE CHAPTER FIVE 



J. Sam Ellis 

Republican, Wake County 

Thirty-Ninth Representative District- 
Portions of Wake County 

Early Years 

Born in Durham, Durham County, on April 
30, 1955, to Sam L. and Betty Hickman 
Elhs. 

Education 

Sanford Central High School, Sanford, 
1974. 

ProfessionalBackground 

Electrical Contractor, 7-Electric. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present. 

Personalln/brmation 

Married Cmdy A. Harrell Ellis. Three children. Christian. 

Committee Assignments 

Member, Agriculture, Children, Youth and FamiUes, Einance, Judicuary 11, Science 
and Technology. 




499 




NORTH CAROLINA MANUAL 2003-2004 

Bobby F.England 

Democrat, Rutherford County 

One Hwidred-Tivelth Representative 
District: Rutherford and portions of 
Cleveland counties. 

Early Years 

Born in Spindale, Riuherford County, on 
May 13, 1932, to William Claude and Birdie 
Dal ton England. 

EducatkmalBackgtxmnd 

R-S Central High, 1950; B.S. Biology/ 
Chemistry, Wofford College, 1958; MD, 
Medical University of South Carolina, 1962. 

Pix>fessionalBackgtx>und 

Family Physician, England-Godfrey Family 
Practice. 

Political Activities 

Member, N.C. House of Representatives, 2003-Present; Rutherford Count)' Board 
of Education, 1974-1994. 

Elective and Appointed Boaixls and Commissions 

Isothermal College Board of Trustees; Rutherford-Polk-McDowell Board oi Health; 
N.C. Institute of Medicine. 

Militaiy Seri^ice 

Stafr Sgt., United States Air Force, 1951-1955. 

Honors and Awards 

Kiawanis County Citizen of the Year, 2002; Rotary County Citizen of the Year, 
2002; Football Press Box, East High School, Named m Honor, 2002. 

Pei^sonallnfbrmation 

Married, Carolyn Lindsay England. Three children. One grandchild. Member, First 
Baptist Church, Forest City. 

Committee Assignments 

Vice-Chair, Health; Member, Appropriations, Appropriations Subcommittee on 
Health and Human Senices, Commerce, Education, Education Subcommittee on 
Community Colleges, State Government. 



500 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Jean Farmer-Butterfield 

Democrat, Wilson County 

Twenty-Fourth Representative District: 
Portions of Edgecombe and Wilson counties 

Early Years 

Born in Wilson, Wilson County, on October 
21, to Floyd and Odell Sharp Farmer. 

Education 

Speight High School, 1966; B.S. Sociology, 
1970; M.S. Guidance & Counseling, N.C. 
Central University, 1972/73. 

ProfessionalBackground 

Director of Guardianship, The Arc of North 
Carolina. 

Political Activities 

Member, N.C. House of Representatives, 2003-Present; Served on the State Executive 
Committee of the Democratic Party. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Delta Sigma Theta Sorority, Wilson Alumnae Chapter; The Lmks Incorporated, 
Wilson-Rocky Mount-Tarboro Chapter; The Arc of Wison County 

Elective and Appointed Boards and Commissions 

State Executive Committee, N.C. Democratic Party; Legislative Research Commission 
on Guardianship during Speaker of the House Daniel Blues Administration. 

Honors and Awards 

Outstanding/Distinguished Service Leadership Award, The Links, 1990; 
Outstanding/Distinguished Legislator's Award, TASH, 2003; North Carolina 
Guardianship Presidential and Founders Award, 2000; Jackson Chapel Chruch, 
j Pastors Medal of Appreciation, 1998. 

Personal In fDrmation 

j Two children. Member, Jackson Chapel Baptist Church, Wilson. 

Committee Assignments 

Vice-Chair, Appropriations Subcommittee on Health and Human Services; Member, 
Aging, Appropriations, Commerce, Judiciary II, Local Government II. 



501 




NORTH CAROLINA MANUAL 2003-2004 

Susan C.Fisher 

Democrat, Buncombe County 

Appointed February 25, 2004 

One Hundred-Fourteenth Representative District: 
Portions ofBuncom he County 

Early Years 

Born in Morganlon, Burke County, on July 3, 1955 
to Alan and Penelope Reese Carscaddon. 

EducationalBackgroimd 

Asheville High School, 1973; Mars Hill College, 
1975; B.A. Audiology/Speech Pathology 1982. 

Political Activities 

Member, N.C. House of Representatives, 2004-Present; Staff member to the late 
Representative James McClure Clarke, Washington, D.C. 

Business/Pix)fessionaU CJiatitable/Civic or Community Service Organizations 

President, Asheville-Buncombe League of Women Voters; Member, Early Headstart 
Advisory Board; BRAVO (community concerts) Board ot Directors. 

Elective andAppointedBoarris and Commissions 

Former Member/Chair of Asheville City Board of Education; Member, Asheville ! 
Regional Airport Authority 

Honors andAwards 

Graduate oi Leadership Asheville; Nominee, Women of the Year, Asheville-Buncombe 
Community Relations Council; Women to Match Our Mountains Award, WNC 
Women's Coalition. 

Peirsonallnfbrmation 

Married, John B. Fisher, Jr. Two children. Member, St. Johns Episcopal Church. 

Committee Assignments 

Member, Appropriations, Appropriations Subcomittee on Justice and Public Safety 
Education, Education Subcomittee on Pre-School, Elcmentarv and Secondary 
Education, Election Law and Campaign Finance Reform, Judiciary 1 and Ways and 
Means. 



502 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Stanley Harold Fox 

Democrat, Granville County 

Twenty-Seventh Representative District- 
Portions of Granville, Vance and Warren 
counties 

Early Years 

Born in Oxford, Granville County, on 
January 7, 1929, to Samuel H. and Minerva 
Berkowitz Fox. 

EducationalBackgroimd 

Oxford High School, 1945; Davidson 
College, 1945; B.S. m Commerce, UNC- 
Chapel Hill, 1949. 

ProfessionalBackground 

President; Fox & Associates; Telfor Radio 

Network; President, L & W Advertising; F-H-Y Properties. 

PoUtiealActwities 

Member, N.C. House of Representatives, 1995-Present; Oxford City Council, five 
years; Mayor Pro-Tern of Oxford, two years. 

Business/Professionaly Charitable/Civic or Community Service Organizations 

President, Granville County Chamber of Commerce; President, N.C. Merchants 
Association; President, Oxford Jaycees. 

Elective andAppointedBoards and Commissions 

Member, Executive Board, Southern Regional Education Board, 1995-97. 

Honors andAwards 

Distinguished Service Award, Junior Chamber of Commerce; Outstanding Jaycee 
State Chairman Award; Kiwanis Citizenship Award. 

Personalln/brmation 

Married, JoAnn Kousnetz Fox. Seven children. Member, Beth Meyer Synagogue. 

Committee Assignments 

Chair, Appropriations Subcommittee on Natural and Economic Resources; Vice- 
Chair, Appropriations and Wildhfe Resources; Member, Agriculture, Education, 
Education Subcomittee on Universities, Judiciary III. 



503 




NORTH CAROLINA MANUAL 2003-2004 

Phillip D.Frye 

Republican, Mitchell County 

Eighty-Fourth Representative District: Avery, 
Mitchell and Portions ofCalchvell conn ties 

Early Years 

Born in Spruce Pine, Mitcliell County, on 
August 14, 1943, to Iss and Alice Turbyfill 
Fr)^e. 

EducatiotialBacf^vund 

Harris High School, 1961; Accounting, 
Blanton' Business College, 1963. 

Pix)fessionalBacfigir)Ufid 

Small Business Owner, Frye Auto Interiors. 

Political Activities 

Member, N.C. House of Representatives, 2003-Present; Mayor, Town of Spruce 
Pme, 1993-2002; Board Member, Town of Spruce Pme, 1973-1992. 

Business/F^xtfessionaU Cliaiitable/Civic or Coimnunity Service Organizations 

Spruce Pme Kiwanis Club; Past Chair and Board Member, Foundation for Mitchell 
County. 

Elective and Appointed Boards and Comtnissions 

Past Chair and Board Member, N.C. Joint Regional Forum, 1981-2002; Past Board 
Member (1988-1990) and Member, N.C. Legaue of Muncipalities. 

Honors and Aivarrls | 

N.C. Intergovernmental Award, N.C. Association of County Commissioners, -N.C. j 
League of Muncipalities Joint Forum, 1998; Outstanding Local Elected Official, | 
Region D Council of Governments, 1998; Outstanding Executive Board Member, | 
Region D Council of Governments, 1995. ! 

Pei^sonalln/brination \ 

Married to June Rathbone Frye. One child. Two grandchildren. Member, First j 
Baptist Church, Spruce Pme. 

Committee Assignments ! 

Vice-Chair, Appropriations Subcommittee on Justice and Public Safety; Member, 
Appropriations, Education, Education Subcomittee on Community Colleges, 
Commerce, Local Government 11, Transportation. 



504 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Pryor Allan Gibson, 

Democrat, Anson County 

Sixty-Ninth Representative District: Anson, 
Montgomery and Portions of Union 
counties 

Early Years 

Born in Wmston-Salem, Forsyth County, on 
October 12, 1957 to Pryor and Mary Pharr 
Gibson. 

EducationalBackground 

Bowman High School, Wadesboro, 1975; 
Biology and Chemistry, UNC-Wilmington, 
1978; Engineering, UNC-Charlotte; 
Management, N.C. State University 

ProfessionaJBackground 

Business. 

Political Activities 

Member, N.C. House of Representatives, 1989-91 and 1999-Present. 

Business^^fessional, CharitabWCivic or Cornrnunity Service Organizations 

Lions Club; Rotary Club; NC FREE. 

Elective and Appointed Boards and Commissions 

; Chair, Environmental Review Commission; Chair, ABC; Chair, Administrative 
' Procedures. 

Honors and Awards 

' Outstanding Educators Legislators Award; Martin Luther King Citizens Award; Soil 
j & Water Conservation Award; Guardian of Small Business Award. 

I Personal Information 

Married to Barbara Barger Gibson. Two children. Presbyterian. 

I Committee Assignments 

Chair, Environment and Natural Resources; Vice-Chair, Finance; Member, Public 
Utilities, AlcohoUc Beverage Control, Legislative Redistricting. 



505 




NORTH CAROLINA MANUAL 2003-2004 

Robert Mitchell Gillespie 

Republican, McDowell County 

Eighty-Fifth Representative District: 
McDowell and Portions of Burke and 
Caldwell counties 

Early Years 

Born in Marion, McDowell County, on 
August 19, 1959, to Billy and Helen Lotus 
Gillespie. 

EducaiionalBackground 

McDowell High School, Marion, 1977; 
A.A.S. in Civil Engineering, Wake Technical 
Cominunitv College, 1980. 

Prx)fessionalBac1zgrx)und 

Owner, Gillespie Properties. 

Political Activities 

Member, N.C. House of Representatives, 1999-Present. 

Business/Pix)fessionaU Chaiitable/Civic or Community Seruice Organizations 

McDowell County Chamber of Commerce. 

Elective andAppointedBoatxis and Commissions 

McDowell Technical College Trustee; McDowell Economic Development Authority. 

Honors andAwartls 

Selected for Spring, 1988, Class of Fellows oi the N.C. Institute of Political 
Leadership. 

Personal In/bnnation 

Married, Barbara Nell Hollifield Gillespie. One child. Member, Pleasant Gardens 
Baptist Church. 

Cotnmittee Assignments 

Chair, xAppropriations Subcommittee on Transportation, Member, Aging, 
Appropriations, Environment and Natural Resources, Local Go\'ernment I, Ways 
and Means. 



506 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Rick Glazier 

Democrat, Cumberland 
County 

Forty-Fifth Representative District: Por- 
tions of Cumberland County 

Early Years 

Born m Allentown, PA, on June 16, 1955 
to Stanley and Margaret Acker Glazier. 

EducationalBackground 

William Allen High School, Allentown, PA, 
1973; B.A. Foreign Policy, Penn State, 1977; 
J.D. Wake Forest University 1981. 

ProfessionalBackground 

Attorney Hardison and Leone, LLP 

Political Actwities 

Member, N.C. House of Representatives, 2003-Present; Cumberland County Board 
of Education, 1996-2002, Chair 1997-1999. 

Business/Professional, ChuritabWCivic or Community Service Organizations 

Fayetteville Urban Ministry Board of Directors, 1996-Present; Child Advocacy Center 
Board of Directors, 2001-Present; Women's Center of Fayette\ille Board of Directors, 
1992-1994. 

Elective andAppointedBoards and Commissions 

Chair, N.C. House Freshman Democratic Caucus, 2003-2004; Member, UNC Center 
for Public Television Board of Directors, 1996-2002; N.C. Legislative Juvenile Code 
Revision Commission, 1993-1995. 

Honors and Awards 

2003 N.C. Legislator of the Year, N.C. School Counselors Association; National 
Flemmmg Fellow, Center for Pohcy Alternatives; Graduate of Leadership North 
Carolina, Class of 2004. 

Personallnjbrmatkm 

Married, Lise Ortenberg Glazier, Two children. Member, Beth Israel Synagogue. 

Committee Assignments 

Vice-Chair, Judiciary IV; Member, Education, Education Subcommittee on Pre- 
School, Elementary and Secondary Education, Finance, Financial Institutions and 
Health. 



507 




NORTH CAROLINA MANUAL 2003-2004 

Daniel Bruce Goforth 

Democrat, Buncombe County 

One Hundred-Fifthteenth Representative 
District: Portions of Buncombe County 

Early Years 

Born in Ashevillc, Buncombe County, on 
March 29, 1942, to Frank Harrison and 
Paralee Morrow Goforth. 

EducationalBacl^groimd 

Reynolds High School, Asheville, 1960; 
Gardner- Webb University. 

Prr)fessionalBacIign)und 

President, Goforth Builders, Inc. 

Political Activities 

Member, N.C. House of Representatives, 2003-Present. 

Business/F^fessionaU Charitable/Civic or Community Service Oi^anizatiojis 

President, Home Builder Association of Greater Asheville, 2002; Member, Greater ' 
Asheville Chamber of Commerce; Reynolds Volunteer Fire Department Board. i 

Elective and Appointed Boards and Commissions 

Buncombe City Board of Education, 1990-1998; N.C. Rural Economic Development 
Center Board, 2004. 

Honors and Awards 

I 

Builder of the Year, Home Builders Association of Greater Ashe\'ille, 2002; Lion of ' 
the Year, Reynolds Lions Club, 1983-1984; Liston B. Ramsey Award, 2002. 

Personal Information 

Married, Joyce Ingle Goforth. Two children. Five grandchildren. Member, Trinity 
Baptist Church. 

Committee Assignments 

Vice-Chair, Education Subcomittee on Preschool, Elementary and Secondary 
Education; Member, Appropriations, Education, Appropriations Subcomittee on 
Education, Commerce, ludiciarv IV, State Government. 



508 



THE STATE LEGISLATURE 



CHAPTER FIVE 




George Wayne Goodwin 

Democrat, Richmond County 

Sixty-Eighth Representative District: Rich- 
mond and Portions of Stanly counties 

Early Years 

Born in Hamlet, Richmond County, on 
February 22, 1967, to George Craig and 
Diane Riggan Goodwin. 

EducationalBackground 

Richmond Senior High School, 
Valedictorian, Rockingham, 1985; B.A. with 
Honors in Pohtical Science, UNC-Chapel 
Hill, 1989; J.D., UNC-Chapel Hill School 
of Law, 1992. 

ProfessionalBackground 

Attorney, Goodwin Law Offices, RA.; Owner and Officer, Cotton Exchange 
Investment Group, Inc.; Adjunct Community College Professor. 

Political Activities 

Member, N.C. House of Representatives, 1997-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

N.C. Agribusiness Council; Rockingham Kiwanis Club; N.C. Citizens for Business 
and Industiy CNCCBl). 

Elective andAppointedBoards and Commissions 

Joint Legislative Study Commission on Mental Health, Developmental Disabilities 
and Substance Abuse; Joint Legislative Study Committee on Low-Level Radioactive 
Waste; Ci\il Litigation Study Commission. 

Honors andAwards 

John Motley Morehead Scholar, 1985-1989; N.C. Jaycees' Outstanding Young North 
Carolinian, 1994; A+ Legislator Award, NCAE, 1997-98; Leadership in Government 
Award, N.C. Common Cause, 2000. 

Personal In fiyrmation 

Married, Melanie Wade Goodwin. One child. Member, First United Methodist 
Church of Rockingham. 

Committee Assignments 

Chair, Occupational Safety and Health; Vice-Chair, Judiciary II; Member, 
Appropriations, Appropriations Subcommittee on Justice and Public Safety, 
Education, Education Subcommitte on Community Colleges, Ways and Means. 



509 



NORTH CAROLINA MANUAL 2003-2004 

Michael A. Gorman 

Republican, Craven County 

Tliird Representative District: Pamlico and 
Portions of Craven counties 

Early Yeai^ 

Born on Jiih' 9. 

ProfessionalBacIzground 

Teacher. 

Political Activities 

Member, N.C. House of Representatives, 
2003-Present. 

ConiTnittee Assignments 

Vice-Chair, Education and Rules, Calendar 

and Operations of the House; Member, 

Appropriations, Appropriations Subcomittee on Education, Education Subcomittee 

on Pre-School, Elementary and Secondary Education, Financial Institutions, Military, i 

Veterans and Indian Affairs. 




510 



THE STATE LEGISLATURE 



CHAPTER FIVE 



W.Robert Grady 

Republican, Onslow County 

Fifteenth Representative District: Portions 
of Onslow County 

Early Years 

Born m Jacksonville, Onslow County, on 
April 30, 1950, to William R. and Mmme 
Hurst Grady. 

EducationalBackground 

Jacksonville Senior High; UNC-Chapel Hill; 
Campbell University. 

ProfessionalBachgrourvd 

Businessman. 

Political Actwiti^ 

Member, N.C. House of Representatives, 1987-Present; Jacksonville City Council, 
1981-87; Mayor Pro-Tern, City of Jacksonville, 1983-86. 

Honors andAwards 

Distmguished 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 

Chair, Appropriations; Member, Education, Education Subcomittee on Universities, 
Insurance, Legislative Redistricting, Military Veterans and Indian Affairs. 




511 




NORTH CAROLINA MANUAL 2003-2004 

JimGulley 

Republican, Mecklenburg 
County 

One Hundred-Tliird Representative Distnet: 
Portions of Mecklenburg County 

Early Yeai^ 

Born in Charlotte, Mecklenburg County, on 
May 10, 1939, to Creighton Alexander and 
Mary Naomi Reid Gulley. 

EducationalBacligrxjund 

East Mecklenburg High School, 1957; A. A. m 
Electrical Engineering, Charlotte College, 1961. 

Prx)fessionalBcicligrr)und 

Retired. 

Political Activities 

Member, N.C. House of Representatives, 1997-Present; Commissioner, Town of 
Matthews. 

Business/Pix)fessionaly Charitable/Civic or Cointnunity Seivice Organizations 

Former Pop Warner Football Coach lor MAR.A.. 

Elective andAppointedBoarxls and Commissions 

Board oi Directors, Matthews Volunteer Fire Department. 

Personal Information 

Married, Suzanne Hargett Gulley. Two children. Four grandchildren. Member, First 
Baptist Church, Matthews. 

Committee Assignments 

Vice-Chair, Education Subcommittee on Preschool, Elementarv and Secondary 
Education, Member, Agmg, Appropriations, Appropriations Subcommittee on 
Transportation, Education, Environment and Natural Resources, Judiciary II. 



512 



THE STATE LEGISLATURE 



CHAPTER FIVE 



John D.Hall 

Democrat, Halifax County 

Seventh Representative District: Portions 
of Halifax and Nash counties 

Early Years 

Born in Tarboro, Edgecombe County, to 
John and Marie Richardson Hall. 

EducationalBackgroimd 

Scodand Neck High School, Scotland Neck, 
1975; Lenoir Community College. 

ProfessionalBackground 

Radio Station Owner, Sky City 
Communications. 

Political Activities 

Member, N.C. House of Representatives, 2000-Present; Halifax County 
Commissioner, Scotland Neck City Council. 

Business/Professional, Charitable/Civic or Community Service Organizations 

NAACP; National Association of Black-Owned Broadcasters; NCAB. 

Elective andAppointedBoards and Commissions 

Past Chair, Halifax County OSS. 

Personalln/brmation 

Member, Shiloh Baptist Church of Scodand Neck. 

Committee Assignments 

Chair, Alcoholic Beverage Control; Vice-Chair, Insurance; Member, Agmg, 
Appropriations, Appropriations Subcommittee on Justice and Public Safety, 
Occupational Safety and Health. 




513 



NORTH CAROLINA MANUAL 2003-2004 



JamesA.Harrell, 

Democrat, Surry County 

Ninetieth Representative District: 
Alleghany and Portions of Surry counties 

Early Year^ 

Born in Elkm, Surry County, on October 
8, 1974, to Dr. Dennis, Jr. and Barbara 
Hudson Harrell. 

ExiucationalBaefigrrmnd 

Elkm High School, Elkm, 1993; 
Psychology/Sociology, Hampden-Sydney 
College, 1997; JD, Emory Law School, 
2002. 




ProfessionalBackgrvund 

Real Estate Developer. 

Political Activities \ 

Member, N.C. House of Representatives, 2002-Present. i 

Business^Professional, ChaiitabWCivic or Community Service Organizations \ 

Founder, Harrell School of Government; Volunteer, United Way. 

Elective andJ^pointedBoaryis atid Cojnmissions ' 

Board of Directors, Boy Scouts of America; Board of Directors, SCAN; Board of 
Directors, Harrell Educational Foundation. 

Honors andAwaixls 

N.C. Recreational Therapist Legislator of the Year Award; Eagle Scout. I 

Comm^ittee Assignments 

Chair, Judiciary 11; Vice-Chair, Commerce; Member, Appropriations, Appropriations I 
Subcommittee on Natural and Economic Resources, Finance, Local Government 11, 
Ways and Means. 



514 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Dewey Lewis Hill 

Democrat, Columbus County 

Twentieth Representative District: Portions of 
Brunswick and Columbus counties 

Early Years 

Born 111 WhiteviUe, Columbus County, on 
August 31, 1925, to Otto and Alatha Ward 
Hill. 

EducationalBackground 

Whiteville High School, 1943. 

PmfessionalBackground 

President and CEO, Hillcrest Corp. 

Political Activities 

Member, N.C. House of Representatives, 1993-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

N.C. Food Dealers Association; N.C. White\ille Chamber of Commerce; National 
Grocer Association. 

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. Naxy, 1943-46. 

Honors andAwards 

1996 Grocer of the Year; 1996 Nash Finch Century Club Award; 1994 Columbus 
County Child Care Award. 

Personallnjbrmation 

Married, Muriel Ezzell Hill. Two children. Five grandchildren. Member, First Baptist 
Church of White\ille. 

Committee Assignments 

Chair, Agriculture; Vice-Chair, Finance; Member, Public Utilities, Rules, Calendar, 
and Operations of the House, Transportation. 



515 



NORTH CAROLINA MANUAL 2003-2004 



Mark Kelly Hilton 

Republican, Catawba County 

Eighty-Eighth Representative District- 
Portions of Catawba County 

Early Years 

Born in Vaklcse, Burke County, on April 18, 
1966, lo Tony and Carolyn Warren Hilton. 

EducationalBackground 

St. Stephens High School, Hickory, 1985. 

ProfessionalBacJiground 

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 

Childrens Sunday School Teacher, Oxford Baptist Church; Hickory Kiwanis. 

Elective and Appointed Boarxls and Commissions 

Chair, Catawba County Young Republicans. 

Personal Information 

Meml^er, Oxford Baptist Church of Conover. 

Committee Assignments 

Chair, Education; Member, Appropriations, Appropriations Subcommittee on 
Education, Health, Science and Technology, Transportation. 




516 



THE STATE LEGISLATURE 



CHAPTER FIVE 



LHughHolliman 

Democrat, Davidson County 

Eighty-First Representative District: Portions 
of Davidson County 

Early Years 

Born in Burlington, Alamance County, on April 
28, 1944, to Ivory Hugh and Retha Lmdsey 
Holliman. 

EducationalBackgroimd 

Graham High School, 1962; Business 
Administration, Elon University, 1966. 

ProfessionalBackground 

Self-employed. Speed Printing. 

Political Activities 

Member, N.C. House of Representatives, 2001-Present. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Lexmgton Kiwams Club; Communities in Schools, Thomasville, N.C. 

Committee Assignments 

Chair, Insurance; Vice-Chair, Election Lavv^ and Campaign Finance Reform; Member, 
Finance, Financial Institutions, PubUc Utilities. 




517 




NORTH CAROLINA MANUAL 2003-2004 

George Milton Holmes 

Republican, Yadkin County 

Ninety-Second Representative District: 
Yadkin and Portions of Forsyth counties 

Early Yeai^ 

Born in Ml. Airy, Surry Couni)', on June 20, 
1929, 10 John William and Thelma 
Elizabeth Dobie Holmes. 

EducationalBacl^round 

Western High School, Washington, D.C.; 
Appalachian State University, 1954. 

Prx)fessionalBac}2grx)und 

President, Hohnes and Associates. 

Political Actwities 

Member, N.C. House of Representatives, 1975-76 and 1979-Present (Minority Whip, 
N.C. House, 1981-82; Minority Party Joint Caucus Leader, 1983-84). 

Business/Pixtfessional, Charitabl&Ciuic or Community Service Oi^anizations 

Yadkin Masonic Lodge 162, A.E & A. M.; Wmston-Salem Consistory of Scottish 
Rite, 32nd Degree; Shriner, Oasis Temple. 

Elective and Appointed Boaiyis and Commissions 

Governors Crime Study Commission, 1976; Fire and Casuahy Rate Study 
Commission, 1976; Board of Directors, First Union National Bank, Yadkmville. 

Pei^sonallnformation 

Married, Barbara Ann Ire kind Hohnes. One chikl. Three erandchikiren. Member, 
Flat Rock Baptist Church. 

Committee Assignments 

Vice-Chair, Education Subcommittee on Universities; Member, Agriculture, 
Appropriations, Appropriations Subcommittee on Transportation, Education, 
Judiciary 111, Transportation. 



518 



THE STATE LEGISLATURE CHAPTER FIVE 




Julia Craven Howard 

Republican, Davie County 

Seventy-Ninth Representative District: 
Davie and Portions of Davidson and Iredell 
counties 

Early Years 

Born in Salisbury, Rowan County, on August 
20, 1944, to Allen Leary and Ruth Elizabeth 
Snider Craven. 

EducationalBackground 

Davie High School, Mocksville, 1962; B.A. 
Sociology, Salem College, 2003. 

ProfessionalBackground 

Realtor/Appraiser, Howard Realty & 
Insurance, Inc. 

Political Activities 

Member, N.C. House of Representatives, 1988-Present (Former Majority House 
Whip; Former Minority House Whip); Member, Mocksville Town Board, 1981- 
88. 

Business/Professional, CharitabWCivic or Community Service Organizations 

American Legislative Exchange Council; Southern Legislative Executive Committee; 
N.C. Association of Realtors. 

Elective andAppointedBoards and Commissions 

Former Chair, Davie County Hospital. 

Honors andAwards 

2002 Citizenship Award, Mocksville Women's Club; 2001 Paul Harris Fellow, Rotary 
Club. 

Personallnfbrmation 

Two children. Six grandchildren. Member, First United Methodist of Mocksville. 

Committee Assignments 

Chair, Finance and Ethics; Member, Legislative Redistricting, PubUc UtiUties, Rules, 
Calendar & Operations of the House. 



519 



NORTH CAROLINA MANUAL 2003-2004 




Howard J. Hunter, Jr. 

Democrat, Hertford County 

Fifth Representative District: Bertie, 
Hertford and Northampton counties 

Early Years 

Born in Washington, D.C., on December 16, 
1946, to Howard and Madge Watford 
Hunter, Sr. 

EducationalBacfigroimd 

C. S, Brown High School, 1964; M.S., North 
Carolina Central University, 1971. 

ProfessionalBackground 

Vice-President, Director and Partner/Owner, 
Hunters Funeral Home, Inc. 

Political Activities 

Member, N.C. House of Representatives, 1989-Present; Hertford County 
Commissioner, 1978-88. 

Business/Professional, Chatitable/Civic or Community Service Organizations 

Life Member, Ahoskie Alumni Chapter, Kappa Alpha Psi; N.C. Funeral Home 
Association; N.C. Central University Alumni Association (President, Hertford 
County Chapter, 1971). 

Elective and Appointed Boarxls and Commissions 

Past Chair, N.C. Black Legislative Caucus; President, Board of Directors, Hertford 
County United Way; Hertford County Chapter, Water Safety Commission. 

Honors andAwards 

Outstanding Young Man of America; Distinguished Service, Murfreesboro Jaycees; 
Outstanding Citizen in N.C. m Human Relations. 

Per^sonalln/brmation 

Married, Vivian Flythe Hunter. Two children. Member, First Baptist Church, 
Murfreesboro. 

Committee Assignments 

Chair, Children, Youth and Families; Member, Appropriations, Appropriations 
Subcommittee on Natural and Economic Resources, Commerce, Insurance, 
Occupational Safety and Health. 



520 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Veria Clemens Insko 

Democrat, Orange County 

Fifty-Sixth Representative District: 
Portions of Orange County 

Early Years 

Born in Decatur, Arkansas, on February 5, 
1936, to Charles Verne and Leta Trook 
Clemens. 

EducationalBackground 

Thomas Downey High School, Modesto, 
CaUfornia, 1954; A.B. m Biology California 
State University at Fresno, 1959; M.P.A., 
UNC-Chapel Hill, 1993. 

ProfessionalBackground 

Retired Health Care Administrator. 

Political Activities 

Member, N.C. House of Representatives, 1997-present; Member, Orange County 
Board of Commissioners, 1990-1994; Member, Chapel Hill-Carrboro Board of 
Education, 1977-1985; Chair, Orange Water and Sewer Authority Board, 1989- 
1990. 

Business/Professional, Charitable/Civic or Community Service Organizations 

American Society for Training and Developing (ASTD); Association for Psychological 
Type (APT); Facilitation and Organizational Development Group. 

Elective andAppointedBoards and Commissions 

N.C. Global Center; Foundation for Community-Based Care; UNC-CH Board of 
Visitors; Governors Advisory Council on Sickle Cell Disease. 

Honors andAwards 

2000 and 2001 Legislator of the Year Award, National AUiance for the Mentally 111; 

2001 Dorothea Dix Spirit Award, N.C. Mental Health Consumers Association; 2001 
Legislative Award, UCP of North Carolina. 

Personal In/brmation 

Married, Chester (Chet) Insko. Two children. Two grandchild. Member, Binkley 
Baptist Church, Chapel Hill. 

Committee Assignments 

Chair, Health; Member, Appropriations, Appropriations Subcommittee on Health 
and Human Services, Education, Education Subcommittee on Universities, 
Environment and Natural Resources, Judiciary 1. 



521 




NORTH CAROLINA MANUAL 2003-2004 

Margaret A. Jeff US 

Democrat, Guilford County 

Fifty-Ninth Representative District: Por- 
tions of Guilford County 

Early Yeai^ 

Born in Roanoke, Virginia, on October 22, 
1934, 10 Edward S. and Alyne Bowles Green. 

EducatiotialBacJigixjund 

Greensboro Senior High School, 1952; B.A. 
in Education, Guilford College, 1965; 
M.Ed., UNC-Greensboro, 1970. 

ProfessionalBaclsgwund 

Retired Educator Greensboro/Guilford 
County Schools. 

Political Activities 

Member, N.C. House of Representatives, 1990-94, 1996-Present. 

Business/Professional, Cliaritahle/Civic or Community Service Organizations 

Past President, Altrusa International of Greensboro; Past Member, Professional 
Review Committee, SDPJ; Past District and Local Unit President, N.C. Association 
of Educators. 

Elective and Appointed Boarxis and Commissions 

Member, Board of Directors, Women's Resource Center, 2002-2006; Advisory Board 
Member, N.C. Humanities Council, 1998-Present; Member, Board ot Directors, 
N.C. Foundation for Public School Children, 1999-Present. 

Honors andAwards 

1998 Legislator of the Year, N.C. Coalition Against Sexual Assault; 2000 N.C. Public 
Libraries Directors' Eleanor Swam District Service Award; 2004 N.C. Association 
of Educators President Award. 

Personal Information 

Married, Ted J. Thompson. Two children. Five grandchildren. Member, Starmount 
Presbyterian Church. 

Committee Assignments 

Chair, Appropriations Subcommittee on General Government; Vice-Chair, 
Appropriations; Member, Education; Education Subcomittee on Pre-School, 
Elementary and Secondary Education; Ethics, Judiciary IV, Ways and Means. 



522 



THE STATE LEGISLATURE 



CHAPTER FIVE 




Charles E.Johnson 

Democrat, Pitt County 

Fourth Representative District: Portions of 
Craven, Martin and Pitt counties 

Ektrly Years 

Born in Martin County, on September 19, 
1936, to Joseph J. and Katie M. Forbes 
Johnson. 

EducathnalBackgrxRmd 

RobersonviUe High School, 1954; B.S. in 
AgricuUural Education, N.C. State 
Univeristy, 1958; M.Ed., N.C. State 
University, 1968; Certification in 
Administration, East Carohna University, 
1972. 

ProfessionalBackground 

Retired School Principal. 

Political Activities 

Member, N.C. House of Representatives, 2002-Present. 

Business/Professionaly CharitabWCivic or Conununity Service Organizations 

N.C. Prmcipal/Assistant Principals Board of Directors, 3 terms. 

Military Service 

ETC, US Army Engineers, 1958-1959; Reserves, 28 years; Army Commendation 
Medal. 

PersonalInfi)rmation 

Married, Norma J. Davenport Johnson. Three children. One grandchild. Member, 
Black Jack Original Ereewill Baptist Church. 

Committee Assignments 

Vice Chair, Environment and Natural Resources; Member, Appropriations, 
Appropriations Subcommittee on Education, Education, Education Subcomittee 
on Pre-School, Elementary and Secondary Education; Insurance, MiHtary, Veterans 
and Indian Affairs. 



523 



NORTH CAROLINA MANUAL 2003-2004 

Linda P.Johnson 

Republican, Cabarrus County 

Seventy-Fourth Representative District- 
Portions of Cabarrus County 

Early Yeai^ 

Born in Concord, Cabarrus County, on May 
2, 1945, 10 Phletus O. Pennell and Ruth 
Smith Pennell Crook. 

EducationalBackgwimd 

Al Brown High School, Kannapolis, 1963. 

ProfessionalBackgwund 

Computer Analyst/Tax Accounting. 

Political Activities 

Member, N.C. House of Representatives, 

2001 -Present; Kannapolis City Board of Education, 1992-2000. 

Business/F*rofessionaU Charitable/Civic or Community Service Oi^anizations 

NCCBI; N.C. Order of Eastern Star. 

Elective and Appointed Boards and Commissions 

Public School Forum; N.C. Nursing Advisor)^ Board; US. Congressional/Consortium 
on Civic Education. 

Personal Information 

Married, Ronnie R. Johnson. Three children. Seven grandchildren. Member, N. 
Kannapolis Baptist Church. 

Committee Assignments 

Chair, Appropriations Subcomittee on Education; Member, Appropriations, 
Education, Education Subcommittee on Pre-School, Elementary and Secondary 
Education, Insurance, Legislative Redistrictmg, Public Utilities. 




524 



THE STATE LEGISLATURE 



CHAPTER FIVE 



Earl Jones 

Democrat, Guilford County 

Sixtieth Representative District: Portions 
of Guilford County 

Early Yeai^ 

Born July 20. 1949. 

EducationalBackgiX)und 

B.A. in Political Science, N.C. Central 
Carolina Univeristy, Durham, 1971; J.D., 
Southern University School of Law, 1976. 

PivfessionalBackground 

Publisher. The Greensboro Times. 

PoliticalActiuities 

Member, N.C. House of Representatives. 

2003-Present; Member, The Greensboro City Council, 1983-2001. 

Business/Professional, Charitable/Civic or Community Service Organizations 

Co-founder, International Cu'il Rights Museum & Center; Co-founder, 100 Black 
Men of Triad; Board Member. NAACP, Greensboro Chapter. 

Elective and Appointed Boards and Commissions 

Blue Ribbon Commission to Study Solutions to N.C.s Urban Transportation Board; 
Joint Select Committee on Naturopathic Licensure; House Select Committee on 
Street Gang Prevention. 

Personal Information 

Married, Adn-Anne Donnell Jones. Member, Genesis Baptist Church. 

Committee Assignments 

Vice Chair, Financial Institutions; Member, Finance, Local Government II, Science 
and Technolog); Ways and Means. 




525 




NORTH CAROLINA MANUAL 2003-2004 

Carolyn H. Justice 

Republican, Pender County 

Sixteenth Representative District: Pender 
and Portions of New Hanover counties 

Early Yeai^ 

Born in Wilmini2,ton, New Hanover 
County, on May 13, 1946. 

EducatknialBacliground 

Wakefield High School, Arlington, VA; 
Cape Fear Community College. 

ProfessionalBacI?gfX)und 

Owner, Business Management. Hampstead 
Office Ser\''ice. 

Political Activities 

Member, N.C. House of Representatives, 

2003-Present; Pender County Commissioner, 1994-2002. 

Business/Pix>fessionaly Cliaiitable/Civic or Cotnrnunity Service Organizations 

Sunday School Teacher, Hampstead United Methodist Church; Founder/Coordinator, i 
Concerts in the Park, Hampstead Village Merchants Association; Member, Hampstead | 
Lions Club. 1 

Honors and Awards 

i 

Legislator ot the Year, North Carolina Association ol Health Directors, 2003; BrowTi f 
Pelican Award, Coastal Federation, 2003; North Carolina Intergovernmental 
Relations Award, 2001. 

Personal Information 

Married, William Thomas J