The North Carolina Council of State is the collective body of ten elective executive offices in the

state government A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, o ...

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and S ...

, all of which are established by the state constitution. The Council of State includes the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political r ...

Lieutenant Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...

, Secretary of State,

State Auditor State auditors (also known as state comptrollers, state controllers, state examiners, or inspectors general) are fiscal officers lodged in the executive or legislative branches of U.S. state governments who serve as external auditors, financial ...

Treasurer A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance. Government The treasury o ...

, Superintendent of Public Instruction,

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

, Commissioner of Agriculture, Commissioner of Labor and

Commissioner of Insurance An insurance commissioner (or commissioner of insurance) is a public official in the executive branch of a state or territory in the United States who, along with his or her office, regulate the insurance industry. The powers granted to the office ...

. Together with the North Carolina Cabinet and several independent agencies, the Council of State offices comprise the executive branch of North Carolina's state government. The body has its origin in the colonial government of the

Province of North Carolina Province of North Carolina was a province of Great Britain that existed in North America from 1712(p. 80) to 1776. It was one of the five Southern colonies and one of the thirteen American colonies. The monarch of Great Britain was repre ...

. Under North Carolina's first constitution as a state of the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...

the Council of State comprised seven persons elected by the

North Carolina General Assembly The North Carolina General Assembly is the bicameral legislature of the State government of North Carolina. The legislature consists of two chambers: the Senate and the House of Representatives. The General Assembly meets in the North Carolin ...

to advise the governor. The 1868 constitution redefined the Council of State as the secretary of state, state treasurer, state auditor, superintendent of public works, and superintendent of public instruction. The superintendent of public works was soon abolished, additional elective offices were later added, and the governor was made a formal member of the council. The Council of State usually meets monthly and is responsible for approving various transactions concerning state real property and finances.

History

As a British colony, the

was under the leadership of a royal governor. A Governor's Council was created to advise the governor, and it comprised residents of the colony appointed by the

lords proprietors A lord proprietor is a person granted a royal charter for the establishment and government of an English colony in the 17th century. The plural of the term is "lords proprietors" or "lords proprietary". Origin In the beginning of the European ...

and eventually the

British Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...

. The body also served as the

upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...

of the colonial legislature when it was in session. One member served as president of the council, and could take charge of the colony if the governor or their deputy were unable to exercise their duties. The president, in their legislative capacities, also signed all laws passed by the legislature. Vacancies on the council were filled by the governor's interim appointment until the lords or the Crown made a new appointment. In practice, many councilors held other government offices and often competed with the governor and the lower house of the legislature for authority.

declared independence from the United Kingdom in 1776. Its first constitution, ratified in December, provided for a Council of State to "advise the

in the execution of his office". The council consisted of seven persons selected by both houses of the

in a joint vote for a one-year term. The councilors were barred from holding legislative office. Vacancies on the council could only be filled by the General Assembly. In practice, the Council of State limited the governor's

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive d ...

authority, as sometimes the governor was required to get their approval before taking a course of action. The council itself could not take action without the governor. The first council was elected by the constitutional convention in December 1776 and took office the following year, serving until they were replaced by the General Assembly's choices. A new constitution was adopted in 1868, and provided for Council of State to comprise six popularly-elected executive officials serving ''ex officio'': the secretary of state,

state auditor State auditors (also known as state comptrollers, state controllers, state examiners, or inspectors general) are fiscal officers lodged in the executive or legislative branches of U.S. state governments who serve as external auditors, financial ...

state treasurer In the state governments of the United States, 48 of the 50 states have the executive position of treasurer. New York abolished the position in 1926; duties were transferred to New York State Comptroller. Texas abolished the position of Texa ...

, superintendent of public works, and superintendent of public instruction. Under the constitution, the governor called and presided over the council's meetings and the attorney general served as its legal advisor, but neither were formally members of it. The office of superintendent of public works was abolished via constitutional amendment in 1873. The popularly-elected offices of the commissioner of agriculture, commissioner of labor,

commissioner of insurance An insurance commissioner (or commissioner of insurance) is a public official in the executive branch of a state or territory in the United States who, along with his or her office, regulate the insurance industry. The powers granted to the office ...

were elevated to constitutional status in 1944 and added to the council. Constitutional revisions which took effect in 1971 made the governor, lieutenant governor, and attorney general all ''ex officio'' members of the council. The revisions also eliminated the responsibility of the council to "advise the Governor in the execution of his office". In 1987, Governor

James G. Martin James Grubbs Martin (born December 11, 1935) is an American organic chemist and politician who served as the 70th governor of North Carolina from 1985 to 1993. He was the third Republican elected to the office after Reconstruction, and the f ...

sued the other members of the Council of State during a dispute over securing a leasing agreement for government office space. The

North Carolina Supreme Court The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consist ...

ruled that the Council of State could disapprove of and block decisions of the governor, but it could not take positive action on its own accord. Most Council of State members have historically been white men. Ralph Campbell Jr., who assumed the office of state auditor in 1993, was the first black person to serve on the Council of State. Janice H. Faulkner was the first woman to serve on council, having been appointed secretary of state to fill a vacancy in 1996.

Elaine Marshall Elaine Folk Marshall (born November 18, 1945) is an American attorney and politician who has served as the North Carolina Secretary of State since 1997. A member of the Democratic Party, she is the first woman to be elected to statewide office ...

, who assumed the secretariat of state in 1997, was the first woman elected to a Council of State office.

Structure

The Council of State comprises the holders of the ten offices established by Article III of the Constitution of North Carolina: governor, lieutenant governor, secretary of state, state auditor, state treasurer, superintendent of public instruction, attorney general, commissioner of agriculture, commissioner of labor, and commissioner of insurance. All serve as the chief executive of their own departments. They are elected to four year terms and, aside from the governor and lieutenant governor, without term limits. Contested elections for any of these offices are resolved by joint vote of the General Assembly. In the event of a vacancy in any of the offices aside from that of the lieutenant governor, the governor can appoint an interim official until the next biennial state election. The officers' salaries are fixed by the General Assembly and cannot be reduced during their terms of office. Together with the North Carolina Cabinet and several independent agencies, the Council of State offices comprise the executive branch of North Carolina's state government. The governor serves as the chairman of the Council of State. The body routinely meets the first or second Tuesday of every month in sessions subject to the state's

open meeting law Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfa ...

which the public can attend. The governor also sometimes consults the rest of the council over email during emergencies or otherwise unanticipated situations. The council retains a staff which records the minutes of each meeting and supplies them to the council members. The secretary of state maintains the schedule and agenda of council meetings.

Powers and duties

The Constitution of North Carolina assigns minimal duties to the Council of State; per Article III, Section 3, it may call the General Assembly into an extraordinary session to consider the governor's mental capacity, and, per Article III, Section 5, the governor must consult it before they call the assembly into an extraordinary session. The council's most significant responsibilities have been assigned by statute, most dealing with real property and financial transactions. This includes approving the governor's acquisitions and disposals of state property, approving property allocations, authorizing taking on debt in anticipation of tax revenue, authorizing the state treasurer to borrow money in times of crisis, creating emergency funds, approving bond issues, and advising the governor and treasurer on assurance investments, approving of banks in which state funds can be deposition, and approving securities in which state funds may be invested.

Incumbent Council of State members

References

Works cited

* * * * * *

External links

* * {{DEFAULTSORT:North Carolina Council Of State Cou Government agencies established in 1776 Cou Cou Cou State executive councils of the United States