NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 724

SENATE BILL 490

 

 

AN ACT TO AMEND G.S. 115-88(a) AUTHORIZING THE CLERK OF THE SUPERIOR COURT TO ACT AS AN ARBITRATOR IN THE EVENT OF A DISAGREEMENT BETWEEN COUNTY OR CITY BOARDS OF EDUCATION AND THE TAX LEVYING AUTHORITIES AS TO THE AMOUNT OF THE CURRENT EXPENSE FUND, THE CAPITAL OUTLAY FUND, AND THE DEBT SERVICE FUND.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 115-88(b) is amended by rewriting the paragraph as follows:

"(b)      If no agreement is reached at the joint meeting of the two boards, either board may refer the dispute to the clerk of superior court for arbitration within three days after the day of the joint meeting. The clerk, except as hereinafter provided, shall render his decision on the matters in disagreement within 10 days after the day of the referral. The clerk of the superior court shall have the authority to subpoena or issue any orders necessary to have appear before him any member of a board of education and any member of a board of commissioners involved in the dispute and to require that the records of either board be presented to him for the purpose of arbitration of the issues. In the event the clerk of the superior court finds as a fact that 'the tax levying authority or' a board or boards of education are unwilling to arbitrate the disagreement or that the issues in disagreement cannot be resolved by arbitration, he shall transfer the matter to the Superior Court Division of the General Court of Justice for trial as hereinafter provided."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1975.