Private Acts of 1961 Chapter 60

COMPILER’S NOTE: This private act, as amended, has largely been superseded by general law found in Tennessee Code Annotated, title 49, chapter 2.

SECTION 1.  There are hereby created and established five (5) school districts for Blount County, coextensive with the five (5) Justice of the Peace Districts, respectively, from which members of the County Board of School Supervisors shall be elected by the qualified voters of each district as follows:

Two (2) members shall be elected from the First School District, which is coextensive with the First Justice of the Peace District.

Two (2) members shall be elected from the Second School District, which is coextensive with the Second Justice of the Peace District.

One (1) member shall be elected from the Third School District, which is coextensive with the Third Justice of the Peace District.

One (1) member shall be elected from the Fourth School District, which is coextensive with the Fourth Justice of the Peace District.

One (1) member shall be elected from the Fifth School District, which is coextensive with the Fifth Justice of the Peace District.

SECTION 2.  That there is hereby created a County Board of School Supervisors for Blount County to be composed of seven members possessing the qualifications to be elected in the manner, charged with the duties and entitled to the compensation hereinafter provided.

SECTION 3. That two (2) members of the County Board of Supervisors shall be elected from the First and Second School Districts and one (1) member each from the Third, Fourth and Fifth School Districts, by the qualified voters of each district, in the August 1970 general election, to take office on September 1 following their election and to serve for terms as prescribed in Section 4.

SECTION 4. That in the August 1970 general election two (2) members shall be elected from the First School District by the qualified voters of the District.  The candidate receiving the highest number of votes shall serve for a term of four (4) years and the candidate receiving the second highest number of votes shall serve for a term of two (2) years.

The candidate receiving the highest number of votes in the Second School District shall serve for a term of four (4) years and the candidate receiving the second highest number of votes shall serve for a term of two (2) years.

The candidate elected from the Third School District shall serve for a term of four (4) years.

The candidate elected from the Fourth School District shall serve for a term of two (2) years.

The candidate elected from the Fifth School District shall serve for a term of four (4) years.

At the August 1972 general election, members shall be elected to succeed members whose terms expire September 1, 1972, such members to be elected for terms of two (2) years.  At the August 1974 general election, all seven members of the county board of school supervisors shall be elected by the qualified voters of the county at large.  The four (4) candidates receiving the higher number of votes shall serve for terms of four (4) years:  The three (3) candidates receiving the next higher number of votes shall serve for terms of two (2) years.  Thereafter, at the August general election preceding the expiration of terms, successors shall be elected to serve for terms of four (4) years.  Members shall be eligible to succeed themselves in office.  Members shall assume office on September 1 following their election and serve until their successors are elected and qualified.

SECTION 5.  That persons desiring to become candidates for said offices shall qualify in the manner required by the general law of the State and after said election the Board of Election Commissioners shall canvass the returns and issue certificates of election to the successful candidates in each of the various Educational Districts.  The same requirements as now or may hereafter be provided by law for members of the County Board of Education shall be necessary to render a candidate eligible for the office of County Board of School Supervisors and said election shall be conducted in the manner and under the same requirements of law as prescribed for election of members of the General Assembly and with the restrictions, requirements and qualifications for voters and the persons so elected shall hold their respective offices until their successors have been elected and qualified.

In case of a vacancy in said County Board of School Supervisors provided for in the Act, such vacancy shall be filled for the unexpired term by a vote of a majority of the County Board of School Supervisors, meeting next and after the said vacancy occurs, the members so elected to fill out the unexpired term shall be a resident of the School District in which such vacancies exist, and shall serve until the next regular election for that Educational District.

SECTION 6.  That the County Board of School Supervisors for Blount County shall meet at the Courthouse in said County on the 1st day of September following each August Biennial election and organize in the manner hereinafter provided and shall elect one of their members as Chairman of said Board.  The Chairman shall preside over all the meetings of said Board, or in his absence, a Chairman pro tem may be elected by the members present, from one of their Board.  A majority of the members of said Board shall constitute a quorum for the transaction of all business of said Board.  Each member of said Board shall take and subscribe to an oath before some officer authorized to administer such oaths to the effect that he will honestly, faithfully, and impartially discharge the duties of his office and faithfully and honestly account for and pay over all monies and deliver all property belonging to the County coming into his hands.  Said Board shall meet in regular session on the first Mondays of March, June, September, and December of each year and at any other times in special meetings on call of the Chairman of the Board, upon five days' notice, whenever the Chairman may deem it necessary to have a meeting for the proper performance of the duties of such Board and the transaction of its business.  The Chairman shall call a meeting of said Board when requested in writing to do so by a majority of the other members of said Board.

SECTION 7.  That the County Superintendent of Public Instruction for Blount County shall be ex-officio Secretary of the County Board of School Supervisors, but he shall have no vote at any meeting of said Board.  Said Secretary shall attend all meetings of said Board, keep a correct and complete record of all the accounts of said Board at each meeting, and such other records shall be kept by him as is now or may be hereafter provided by law.  Said Secretary shall meet with the Chairman at such times as may be deemed necessary and proper by the Chairman for the performance of such duties as may be imposed upon them by this Act; all such services shall be performed by the County Superintendent of Public Instruction acting as Secretary of said Board in his or her County in addition to his duties now provided by law, and without additional compensation.

SECTION 8.  That the County Board of School Supervisors for Blount County shall have the supervision and control of all the public schools in said County, both elementary and high schools, and all others maintained in whole or in part by public funds, and they shall elect all teachers of said schools and fix their salaries, and make necessary contracts with all teachers for their services; and shall have power and authority to erect, repair and maintain suitable school buildings, equipment, and to acquire and hold real estate for school purposes, purchase equipment and supplies such as may be necessary for carrying on the school system in the County.  Said Board shall in all things perform the duties required by law or by the State Department of Education, as now provided by the general statutes of the State, or as may hereafter be provided by future legislation, affecting the administration of the public school affairs in any County to which this Act applies.  The County Board of School Supervisors created by this Act shall have the exclusive possession and control of all public school property, both real and personal, now belonging to or in the custody or control of any Board or Association in Blount County, or that may hereafter be acquired.

SECTION 9.  That the County Board of School Supervisors, hereby created, shall have power and authority to enter into contracts and agreements necessary for the erection, purchase, preservation, and maintenance of its buildings, property or equipment, and for any other purpose by the board deemed necessary to carry out the provisions of all laws applying to public school affairs or in the proper discharge of their duties upon their members imposed by this Act.

SECTION 10.  That each member of said Board shall receive the sum of One Hundred Dollars ($100.00) per year as compensation for their services as such Board member.  Said sums to be paid out of the general funds of the County allocated for school purposes.  No member of the County Board of School Supervisors shall become the owner or holder of any warrant issued for any purpose upon any of the public school funds in Blount County; but the Secretary may receive such warrants upon his salary as Superintendent of Public Instruction.

SECTION 11.  That the County Board of School Supervisors created by Chapter 436 of the Private Acts of 1929 as amended is abolished effective from and after the first day of September, 1962, and that Chapter 436 of the Private Acts of 1929 as amended, together with all laws or parts of laws in conflict with the provisions of this Act are expressly repealed.

SECTION 12.  That if any section or paragraph or clause of this Act shall be held invalid by the Courts, that it shall not in any way effect or invalidate any other section or paragraph or clause.

SECTION 13.  That this Act shall be submitted to the Quarterly County Court for Blount County, Tennessee, at their next regular session or called session for their approval and if approved by two-thirds vote of the County Court, this Act shall take effect from and after such approval, the public welfare requiring it; that if less than two-thirds of the Quarterly County Court for Blount County, Tennessee, vote in favor of such approval, this Act shall not take effect.

SECTION 14.  That the County Court Clerk for Blount County shall certify the result of action taken by the Quarterly County Court as herein provided to the Secretary of State for the State of Tennessee within five (5) days after the time the County Court for said County takes action on this Act as provided herein.

Passed:  February 15, 1961.