Current Status Introducing Body:
HouseBill Number: 4870Ratification Number: 568Act Number: 613Primary Sponsor: RossType of Legislation: GBSubject: Oconee County Education SuperintendentDate Bill Passed both Bodies: Jun 03, 1992Computer Document Number: CYY/19259.SDGovernor's Action: SDate of Governor's Action: Jun 15, 1992Introduced Date: May 20, 1992Date of Last Amendment: May 27, 1992Last History Body: ------Last History Date: Oct 07, 1992Last History Type: Act No. 613Scope of Legislation: StatewideAll Sponsors: Ross T.C. AlexanderType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4870 ------ Oct 07, 1992 Act No. 613 4870 ------ Jun 15, 1992 Signed by Governor 4870 ------ Jun 04, 1992 Ratified R 568 4870 Senate Jun 03, 1992 Read third time, enrolled for ratification 4870 Senate May 28, 1992 Read second time, notice of general amendments 4870 Senate May 27, 1992 Unanimous consent for second reading with notice of general amendments on Thursday, May 28, 1992 4870 Senate May 27, 1992 Introduced, read first time, placed on Calendar without reference 4870 House May 27, 1992 Amended, read third time, sent to Senate 4870 House May 26, 1992 Debate adjourned until Wednesday, May 27, 1992 4870 House May 21, 1992 Read second time 4870 House May 20, 1992 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
AN ACT TO PROVIDE FOR THE MANNER IN WHICH THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION SHALL BE ELECTED BEGINNING IN 1994, TO PROVIDE FOR HIS QUALIFICATIONS, COMPENSATION AND DUTIES, TO ESTABLISH THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY AS THE ENTITY TO MANAGE AND DIRECT THE EDUCATIONAL SYSTEM OF THE COUNTY, TO PROVIDE FOR THE METHOD OF ELECTION OF THE BOARD, ITS POWERS AND DUTIES, AND FOR OTHER FUNCTIONS AND RESPONSIBILITIES OF THE BOARD, AND TO REPEAL ACT 383 OF 1961, ACT 1274 OF 1974, ACT 608 OF 1984, AND ACT 616 OF 1986 RELATING TO THE OCONEE COUNTY SCHOOL DISTRICT, THE BOARD, AND THE COUNTY SUPERINTENDENT OF EDUCATION.
Be it enacted by the General Assembly of the State of South Carolina:
Election of Oconee Superintendent of Education
SECTION 1. The Superintendent of Education of Oconee County must be elected in a nonpartisan election to be conducted at the same time as the 1994 general election for a term of office of four years. His successor must be elected in a nonpartisan election to be conducted at the same time as the general election every four years thereafter. Persons elected as superintendent shall serve until their successors are elected and qualify. In the event of a vacancy occurring for any reason other than expiration of a term, the county commissioners of election shall call a special election to fill the unexpired term to be conducted in the manner provided herein, so long as the vacancy does not occur within ten months of a scheduled election for superintendent in which case the vacancy must be filled by appointment of the Board of Trustees of the School District of Oconee County for the remainder of the unexpired term.
All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission in the manner provided by Section 7-13-352 of the 1976 Code. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, length of residence in the county, and other information as the county election commission requires. No person is eligible to qualify as a candidate for county superintendent who is not certified as a superintendent by South Carolina and who does not have five years of school administrative experience. All candidates shall furnish to the commissioners of election responsible for holding the election an affidavit with supporting documentation setting forth their qualifications. Should a candidate fail to furnish documentation which reflects the minimum qualifications required by this section, then such candidate's name may not be placed upon the ballot.
The county commissioners of election shall conduct and supervise the elections for superintendent in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election not later than sixty days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice not later than two weeks after the first notice.
Results of the elections must be determined in accordance with the nonpartisan plurality method provided in Section 5-15-61 of the 1976 Code.
The person elected superintendent in these nonpartisan elections shall take office the first day of July following certification of his election.
The current county superintendent of education shall continue to serve until the person elected in the 1994 election qualifies and takes office, at which time the current term of the present superintendent shall expire.
Election of chairman of board of trustees
SECTION 2. The Chairman of the Board of Trustees of the School District of Oconee County must be elected by the board and shall not necessarily but may be the county superintendent of education, who if elected chairman shall have no voting privileges except in the case of a tie.
Salary of superintendent
SECTION 3. The superintendent of education shall receive annually a salary to be fixed by the board of trustees.
Appointment if no person qualifies
SECTION 4. In the event no person qualifies as a candidate for superintendent of education, no election shall be held and, in such event, the Governor shall appoint a superintendent of education upon the recommendation of a majority of the board of trustees of the school district.
School district of Oconee County
SECTION 5. The School District of Oconee County is declared to be a body politic and corporate and is vested with all the rights, privileges and responsibilities as other school districts possess under the general laws of South Carolina.
Board of trustees of district
SECTION 6. The public educational system of Oconee County must be directed and managed by the Board of Trustees of the School District of Oconee County. The members of the board must be elected in nonpartisan elections to be conducted at the same time as the general election in appropriate even-numbered years. The board shall consist of nine members, at least one of whom shall reside in each of the five single-member election districts from which members of the governing body of Oconee County are elected. The members of the school board of trustees from these districts shall not be elected by the qualified electors of the county at large but instead must be elected by the qualified electors of the district from which they seek election. Persons seeking election from particular districts must be qualified electors of those districts and must file notice of their candidacy for election from those districts. All other members must be elected by the qualified electors of the county at large. The terms of all members are for four years and until their successors are elected and qualify. The winner shall be determined by the county election commission and certified to the county superintendent of education. Any person desiring to be elected to the Board of Trustees of the School District of Oconee County in any election shall file notice of his candidacy with the County Superintendent of Education not later than the date by which nominees must be certified for placement upon the ballot for that election as provided by Section 7-13-350 of the 1976 Code.
In the event that no candidate qualifies as a candidate for a trustee from a particular district or any one or more countywide trustees, the Governor shall appoint such trustee upon the recommendation of a majority of the acting board of trustees, if any. The elected trustees shall assume office upon certification of the election which in no event shall exceed fifteen days after the date of the election.
In the event of a vacancy the board of trustees may appoint a person to fill such vacancy until the next election.
Powers and duties of board
SECTION 7. In addition to the powers and duties provided for by law, the board of trustees shall have the following powers and duties:
(1) Employ any personnel it deems necessary for the efficient operation of the schools;
(2) Adopt administrative policies;
(3) Plan and construct new buildings;
(4) Issue bonds to construct and repair buildings and pledge capital outlay funds from state, federal and local tax sources for their payment, under conditions stated herein;
(5) Operate a building maintenance and repair program;
(6) Issue short-term notes in anticipation of taxes and state aid funds, and pledge such revenues to the payment thereof;
(7) Exercise the right of eminent domain in securing necessary property;
(8) Determine and evaluate the educational program;
(9) Cause regular audits to be made, and publish annual and special reports;
(10) Direct a continuing school census;
(11) Fix the length of the school term;
(12) Administer state aid to public schools and fix the amount of supplement to be paid to the teachers in the several schools within the county;
(13) Arrange with adjoining counties for interchange of pupils or educational services;
(14) Adopt budgets and budgetary controls;
(15) Conduct surveys and, upon the results obtained, reorganize attendance areas, the curriculum, the supervisory program, auxiliary services, or any part of the educational program delegated by the State to the county board of education or to school trustees; and
(16) The board is granted the authority to draw warrants upon school funds in the hands of the treasurer for the payment of any services contracted for by the board, for the payment of insurance premiums, including workmen's compensation premiums for the district, for the payment of withholding taxes from salaries, and for the payment for any acts authorized by the board of trustees pursuant to the duties of the board, as set forth in this section.
Powers and duties of superintendent
SECTION 8. The county superintendent of education is charged with the following duties and responsibilities:
(1) Recommend personnel he deems necessary to be employed by the board;
(2) Prepare and administer annual budgets;
(3) Operate the school building and maintenance program;
(4) Develop a guidance and instructional program;
(5) Disseminate to every school in Oconee County notices of all vacancies for administrative positions, which notices must be prominently displayed; and
(6) Carry out all duties, plans, policies and recommendations of the board.
SECTION 9. The board of trustees shall hold regular meetings and special meetings as necessary. The Oconee County Council shall set the compensation of the members of the board.
SECTION 10. All funds in the hands of the county treasurer, arising from tax levies on the property, as well as such sums as he may hereafter receive from any such levy, must be placed by him to the credit of The School District of Oconee County.
Entity to receive funds
SECTION 11. The School District of Oconee County is the unit for financing and receiving local, state and federal funds. The board of trustees is charged with the responsibility of the expenditure and accounting of the funds in the hands of the board.
Deposit of school funds
SECTION 12. All school funds of the county must be deposited in the office of the Treasurer of Oconee County to the credit of the district, and withdrawn only upon warrants issued by the board of trustees.
SECTION 13. Act 383 of 1961, Act 1274 of 1974, Act 608 of 1984, and Act 616 of 1986 are repealed.
SECTION 14. This act takes effect upon approval by the Governor.
In the Senate House June 4, 1992.
Nick A. Theodore,
President of the Senate
Robert J. Sheheen,
Speaker of the House of
Approved the 15th day of June, 1992.
Carroll A. Campbell, Jr.,
Printer's Date -- June 22, 1992 -- L.