Private Acts of 1947 Chapter 330

SECTION 1.  That in all Counties of this State having a population of not less than 10,895, nor more than 10,925, according to the Federal Census of 1940, or any subsequent Federal Census, there is hereby created a County Board of School Commissioners to be composed of ten (10) members.

As amended by:

Private Acts of 1999, Chapter 50

SECTION 2.  That the members of said Board shall be elected at the regular August election, 1948, and quadrennially thereafter, and shall hold office for a period of four years from the first day of September next following their election and until their successors shall be elected and qualified. The County Board of Education of Clay County shall consist of ten (10) members with two (2) members to be elected from each of the five (5) Civil Districts of Clay County as follows:

In order to implement staggered terms for all members of the Board of Education, members added by this act in Civil Districts 2, 3 and 5 shall be elected to two (2) year terms at the August General Election in 2000. Thereafter, all members shall be elected to full four (4) year terms at subsequent August General Elections. Existing positions on the Board of Education shall continue to be filled for full four (4) year terms with the existing positions in Civil Districts 2, 3 and 5 filled at the August General Election in 2002 and the existing positions in Civil Districts 1 and 4 being filled at the August General Election in 2000.

Nothing in this act shall be construed as having the effect of removing any incumbent member of the County Board of Education from office or abridging the term of any member prior to the end of the term for which the member was elected.

The positions created by this act are created as of the effective date of this act, and shall remain vacant until the persons elected at the August General Election in 2000 are qualified and take office. Said vacancies shall have no effect on quorum and voting requirements prior to the August General Election in 2000.

No person shall be eligible to election to said Board who is not 21 years of age, and no person shall be eligible to election as a member of said Board from any particular civil district of such County who is not a resident and citizen of such District.

As amended by:

Private Acts of 1999, Chapter 50

SECTION 3.  That prior to the performance of any official duty as a member of such Board, each member thereof shall execute a good and solvent bond in the penal sum of One Thousand ($1,000.00) Dollars, with two or more sureties, conditioned for the faithful performance of his duties.  Said bond to be approved by the County Court Clerk and filed of record in his office.  The members of said Board shall also take and subscribe to an oath to faithfully discharge the duties of his office, which oath shall likewise be filed in the office of the County Court Clerk.

SECTION 4.  That as soon as practicable after the first day of September, 1948, it shall be the duty of the members of said County Board of Education to meet and organize by selecting one of its members as Chairman, who shall preside over the deliberation of said Board.

SECTION 5.  That the County Superintendent of Public Instruction in each County to which this Act applies shall act as Secretary of said Board of Education, without additional compensation therefor and without the right to vote upon any question coming before said meeting.

SECTION 6.  That it shall be mandatory that said County Board of Education hold its meetings at the Courthouse in the Counties to which this Act applies.  All of said meetings shall be of a public nature and open to any person desiring to attend said meetings.  The time of said meetings shall be the same as is now required by law for County Boards of Education.  Each member of the County Board of Education as herein provided shall receive the sum of Three ($3.00) Dollars per day and the Chairman shall receive the sum of Four ($4.00) Dollars per day for each day in attendance upon the meetings of said Board, which sum shall be paid out of the school funds of the County by warrant drawn by the Chairman of said Board; provided, however, that no member thereof shall receive pay for more than ten meetings in any twelve months.

SECTION 7.  That all purchases made by said Board of Education, acting either as a Board or as a Building Committee, for any purpose whatsoever, where the purchase price shall amount to or exceed the sum of One Hundred ($100.00) Dollars, shall be made upon competitive bidding.

When said purchase price shall be more than One Hundred ($100.00) Dollars, but less than Two Hundred Fifty ($250.00) Dollars, it shall be mandatory that said Board of Education advertise for bids by five or more written or printed posters for a period of ten days.  Said posters shall contain a description of the article or articles to be purchased, and the final date and place of submitting bids, and shall be posted at the Courthouse and at least one public place in each of the four Civil Districts of the County to which this Act applies.

When the purchase price of any article or articles sought to be purchased by said County Board of Education shall amount to or exceed the sum of Two Hundred Fifty ($250.00) Dollars, it shall be mandatory for said Board to have published in some newspaper in the County to which this Act applies, an advertisement setting forth a description of the article or articles sought to be purchased, and the final date of submitting bids.  Said advertisement shall be inserted in one issue of said newspaper and shall be paid for at a rate not to exceed two-thirds of the regular advertising rate of said newspaper.

A record of advertisements, the bids received and the award to the successful bidder and the reasons therefor shall be kept by said Board of Education for a period of two years, and shall be open for inspection by any interested party or any citizen of such County.

SECTION 8.  That the County Board of Education shall in no event purchase any article whatsoever from any member of said Board; neither shall said Board contract with or employ any member of said Board.  The violation of this section shall constitute a misdemeanor, and in addition any member of said Board voting for the purchase of any such article or contract shall be removed from office, and shall be liable upon his official bond for the full value of the article or contract to be recovered by any citizen of the County to which this Act applies, by suit instituted in his own name for the use and benefit of the County to which this Act applies, or by suit by the County itself.

SECTION 9.  That, except as hereinbefore set forth, the duties, powers and functions of said Board of Education shall be the same as are now required by law for County Board of Education.

SECTION 10.  That nothing herein shall be construed as removing from office until the first day of September, 1948, the present Board of Education, it being the intention of this Act to permit the present Board of Education to remain in office until the Members of the Board of Education are elected under this Act at the regular August election, 1948.

SECTION 11.  That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed, and that this Act take effect from and after its passage, the public welfare requiring it.

Passed:  February 14, 1947.