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TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE ELECTED IN A NONPARTISAN ELECTION FOR A TERM OF TWO YEARS; TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY APPOINT A NEW SUPERINTENDENT IN THE EVENT OF A VACANCY; TO PROVIDE THAT THE CURRENT SUPERINTENDENT OF EDUCATION SHALL CONTINUE TO SERVE THROUGH JUNE 30, 2007; TO PROVIDE THAT THE OCONEE LEGISLATIVE DELEGATION MAY APPOINT THE SUPERINTENDENT OF EDUCATION IF NO PERSON QUALIFIES AS A CANDIDATE; TO PROVIDE THAT THE DUTIES AND COMPENSATION OF THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION MUST BE DETERMINED BY THE DELEGATION; AND TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY RELATING TO WHETHER THE OFFICE OF THE ELECTED SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY SHOULD BE ABOLISHED AND TO PROVIDE FOR CERTIFICATION OF REFERENDUM RESULTS AND COSTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1 of Act 613 of 1992 is amended to read:
SECTION 1. (A) The Superintendent of Education of Oconee County must be elected in a nonpartisan election to be conducted at the same time as the
1994 2006 general election for a term of office of four two years. His The successor must be elected in a nonpartisan election to be conducted at the same time as the general election every four two 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 legislative delegation may appoint a new superintendent for the remainder of the unexpired term.
(B)(1) 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.
(2) 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.
(C) 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.
(D) Results of the elections must be determined in accordance with the nonpartisan plurality method provided in Section 5-15-61 of the 1976 Code.
(E) The person elected superintendent
in these nonpartisan elections shall take office the first day of July following certification of his the election.
current county superintendent of education serving on this act's effective date 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 through June 30, 2007.
SECTION 2. Section 4 of Act 613 of 1992 is amended to read:
"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 Oconee County Legislative Delegation shall may appoint a superintendent of education upon the recommendation of a majority of the board of trustees of the school district. To be appointed superintendent of education pursuant to this section, the person must satisfy the requirements of Section 1 (B)(2) and shall take office the first day of July following the appointment."
SECTION 3. Section 8 of Act 13 of 1992 is amended to read:
"SECTION 8. The duties and compensation of the county superintendent of education
is charged with the following duties and responsibilities must be determined by the legislative delegation and may include:
(1) recommend personnel
he deems the superintendent considers 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 4. A. The Oconee County Commissioners of Election shall conduct an advisory referendum within the county at the same time as the 2006 general election is held so as to determine the wishes of the qualified electors of the county as to whether the existing office of the elected Superintendent of Education of Oconee County should be abolished.
"Should the existing office of the elected Superintendent of Education of Oconee County be abolished?
Place a check or cross mark in the box which expresses your opinion."
B. The Oconee County Commissioners of Election shall certify the results of the advisory referendum to the Oconee County Legislative Delegation.
C. The costs of the advisory referendum provided for in this section must be paid by Oconee County.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor.
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