{ "id": 8554402, "name": "J. J. SANSOM, JR., Plaintiff v. WILLIAM A. JOHNSON, Chairman of the Board of Governors of the University of North Carolina, in his official capacity; MRS. HOWARD HOLDERNESS, Vice Chairman of the Board of Governors of the University of North Carolina, in her official capacity; DR. E. B. TURNER, Secretary of the Board of Governors of the University of North Carolina, in his official capacity; and F. P. BODENHEIMER, PHILIP G. CARSON, LAURENCE A. COBB, T. WORTH COLTRANE, WAYNE A. CORPENING, MRS. KATHLEEN R. CROSBY, DR. HUGH DANIEL, JR., WILLIAM A. DEES, JR., CHARLES Z. FLACK, JR., JACOB H. FROELICH, JR., DANIEL C. GUNTER, JR., GEORGE WATTS HILL, LUTHER H. HODGES, JR., JAMES E. HOLMES, ROBERT L. \"RODDY\" JONES, JOHN R. JORDAN, MRS. JOHN L. McCAIN, REGINALD McCOY, WILLIAM D. MILLS, MRS. HUGH MORTON, J. AARON PREVOST, LOUIS T. RANDOLPH, HARVEY F. SHUFORD, JR., MACEO A. SLOAN, DAVID H. WHICHARD II, MRS. GEORGE D. WILSON, Members of the Board of Governors of the University of North Carolina, in their official capacity; and their successors in office, Defendants", "name_abbreviation": "Sansom v. Johnson", "decision_date": "1979-02-06", "docket_number": "No. 7810SC55", "first_page": "682", "last_page": "684", "citations": [ { "type": "official", "cite": "39 N.C. App. 682" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "109 S.E. 789", "category": "reporters:state_regional", "reporter": "S.E.", "year": 1921, "opinion_index": 0 }, { "cite": "182 N.C. 865", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8659389 ], "year": 1921, "pin_cites": [ { "page": "871" } ], "opinion_index": 0, "case_paths": [ "/nc/182/0865-01" ] }, { "cite": "72 S.E. 2d 838", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1952, "opinion_index": 0 }, { "cite": "236 N.C. 321", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625384 ], "year": 1952, "pin_cites": [ { "page": "327" } ], "opinion_index": 0, "case_paths": [ "/nc/236/0321-01" ] }, { "cite": "66 N.C. 59", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11276564 ], "opinion_index": 0, "case_paths": [ "/nc/66/0059-01" ] }, { "cite": "86 N.C. 235", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11273440 ], "opinion_index": 0, "case_paths": [ "/nc/86/0235-01" ] }, { "cite": "85 S.E. 418", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "169 N.C. 333", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8658875 ], "opinion_index": 0, "case_paths": [ "/nc/169/0333-01" ] }, { "cite": "33 S.E. 151", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "124 N.C. 651", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8660834 ], "opinion_index": 0, "case_paths": [ "/nc/124/0651-01" ] }, { "cite": "39 S.E. 2d 217", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "226 N.C. 772", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "84 S.E. 1042", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "169 N.C. 8", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8656300 ], "opinion_index": 0, "case_paths": [ "/nc/169/0008-01" ] }, { "cite": "161 S.E. 215", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "201 N.C. 661", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627420 ], "opinion_index": 0, "case_paths": [ "/nc/201/0661-01" ] }, { "cite": "59 S.E. 649", "category": "reporters:state_regional", "reporter": "S.E.", "year": 1907, "opinion_index": 0 }, { "cite": "145 N.C. 476", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11253770 ], "year": 1907, "opinion_index": 0, "case_paths": [ "/nc/145/0476-01" ] }, { "cite": "141 S.E. 2d 241", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1965, "opinion_index": 0 }, { "cite": "264 N.C. 149", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8571705 ], "year": 1965, "pin_cites": [ { "page": "155" } ], "opinion_index": 0, "case_paths": [ "/nc/264/0149-01" ] } ], "analysis": { "cardinality": 433, "char_count": 6596, "ocr_confidence": 0.76, "pagerank": { "raw": 6.380125665320789e-08, "percentile": 0.39445388514928864 }, "sha256": "88353aac4e9b207442500b7249fe2c7e8427fb6e919e14071690279ddc030478", "simhash": "1:99271d60c2e7dade", "word_count": 1116 }, "last_updated": "2023-07-14T17:57:00.834910+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Chief Judge MORRIS and Judge Webb concur." ], "parties": [ "J. J. SANSOM, JR., Plaintiff v. WILLIAM A. JOHNSON, Chairman of the Board of Governors of the University of North Carolina, in his official capacity; MRS. HOWARD HOLDERNESS, Vice Chairman of the Board of Governors of the University of North Carolina, in her official capacity; DR. E. B. TURNER, Secretary of the Board of Governors of the University of North Carolina, in his official capacity; and F. P. BODENHEIMER, PHILIP G. CARSON, LAURENCE A. COBB, T. WORTH COLTRANE, WAYNE A. CORPENING, MRS. KATHLEEN R. CROSBY, DR. HUGH DANIEL, JR., WILLIAM A. DEES, JR., CHARLES Z. FLACK, JR., JACOB H. FROELICH, JR., DANIEL C. GUNTER, JR., GEORGE WATTS HILL, LUTHER H. HODGES, JR., JAMES E. HOLMES, ROBERT L. \u201cRODDY\u201d JONES, JOHN R. JORDAN, MRS. JOHN L. McCAIN, REGINALD McCOY, WILLIAM D. MILLS, MRS. HUGH MORTON, J. AARON PREVOST, LOUIS T. RANDOLPH, HARVEY F. SHUFORD, JR., MACEO A. SLOAN, DAVID H. WHICHARD II, MRS. GEORGE D. WILSON, Members of the Board of Governors of the University of North Carolina, in their official capacity; and their successors in office, Defendants" ], "opinions": [ { "text": "VAUGHN, Judge.\nWe affirm the trial judge\u2019s decision that a member of the State Banking Commission is an \u201cofficer of the State\u201d within the meaning of G.S. 116-7(b). That section provides:\n\u201cFrom and after July 1, 1973, no member of the General Assembly or officer or employee of the State or of any constituent institution or spouse of any such member, officer or employee may be a member of the Board of Governors. Any member of the Board of Governors who is elected or appointed to the General Assembly or who becomes an officer or employee of the State or of any constituent institution or whose spouse is elected or appointed to the General Assembly or becomes such officer or employee shall be deemed thereupon to resign from his membership on the Board of Governors.\u201d\nIn many of the cases concerning what persons are public officers, the discussion relates to the distinction between public \u201cofficers\u201d and public \u201cemployees.\u201d For example, the Supreme Court recites that \u201c[a]n essential difference between a public office and mere employment is the fact that the duties of the incumbent of an office shall involve the exercise of some portion of the sovereign power.\u201d State v. Hord, 264 N.C. 149, 155, 141 S.E. 2d 241 (1965); State v. Smith, 145 N.C. 476, 59 S.E. 649 (1907). In another case the Supreme Court explained:\n\u201cThe office was created by the General Assembly and the duties imposed involve decisions as to property from which an appeal would lie. One who holds a public office is a public office holder. The absence of substantial compensation is immaterial. The following decisions of this Court support this view. Harris v. Watson, 201 N.C. 661, 161 S.E. 215; Groves v. Barden, 169 N.C. 8, 84 S.E. 1042; Advisory Opinion in re Phillips, 226 N.C. 772, 39 S.E. 2d 217; Bryan v. Patrick, 124 N.C. 651 (662), 33 S.E. 151; S. v. Knight, 169 N.C. 333, 85 S.E. 418; Eliason v. Coleman, 86 N.C. 235; Clark v. Stanley, 66 N.C. 59; 42 A.J. 880.\u201d\nHarrington & Co. v. Renner, 236 N.C. 321, 327, 72 S.E. 2d 838 (1952).\nEven the most cursory examination of the statutes creating and defining the duties of members of the State Banking Commission will assure the reader that members of that Commission are public officers. Plaintiff contends, however, that even if it be conceded that members of the Banking Commission are \u201cpublic officers,\u201d they are not \u201cofficers of the State\u201d within the meaning of the statute.\nThe Supreme Court has defined the term \u201cState officers\u201d so as to include those public officers \u201cwhose duties concern the State at large, or the general public, although exercised within defined limits, and to whom are delegated the exercise of a portion of the sovereign power of the State. They are in a general sense those whose powers and duties are coextensive with the State.\u201d State v. Scott, 182 N.C. 865, 871, 109 S.E. 789 (1921). The jurisdiction of the State Banking Commission is obviously statewide and, as the Supreme Court explained, \u201cIt is admitted that the jurisdiction of the board is statewide, and if the members are officers, they are, therefore, State officers.\u201d State v. Scott, supra, at 871.\nWe have carefully considered plaintiff\u2019s contentions with respect to G.S. 147-1 and G.S. 147-3. We conclude, however, that even if it could be conceded that these statutes are relevant to the questions presented, there is nothing in them that conflicts with the decision we have reached.\nThe statute, in plain language, provides that no state employee of any grade and no officer of the state (or the spouse of any such person) can also serve as a member of the Board of Governors of the University of North Carolina. Plaintiff, a member of the State Banking Commission, is an officer of the State who falls within that proscription.\nThe judgment is affirmed.\nAffirmed.\nChief Judge MORRIS and Judge Webb concur.", "type": "majority", "author": "VAUGHN, Judge." } ], "attorneys": [ "Attorney General Edmisten, by Senior Deputy Attorney General Andrew A. Vanore, Jr., for the State.", "Thigpen, Blue & Stephens, by Ralph L. Stephens, for plaintiff appellant." ], "corrections": "", "head_matter": "J. J. SANSOM, JR., Plaintiff v. WILLIAM A. JOHNSON, Chairman of the Board of Governors of the University of North Carolina, in his official capacity; MRS. HOWARD HOLDERNESS, Vice Chairman of the Board of Governors of the University of North Carolina, in her official capacity; DR. E. B. TURNER, Secretary of the Board of Governors of the University of North Carolina, in his official capacity; and F. P. BODENHEIMER, PHILIP G. CARSON, LAURENCE A. COBB, T. WORTH COLTRANE, WAYNE A. CORPENING, MRS. KATHLEEN R. CROSBY, DR. HUGH DANIEL, JR., WILLIAM A. DEES, JR., CHARLES Z. FLACK, JR., JACOB H. FROELICH, JR., DANIEL C. GUNTER, JR., GEORGE WATTS HILL, LUTHER H. HODGES, JR., JAMES E. HOLMES, ROBERT L. \u201cRODDY\u201d JONES, JOHN R. JORDAN, MRS. JOHN L. McCAIN, REGINALD McCOY, WILLIAM D. MILLS, MRS. HUGH MORTON, J. AARON PREVOST, LOUIS T. RANDOLPH, HARVEY F. SHUFORD, JR., MACEO A. SLOAN, DAVID H. WHICHARD II, MRS. GEORGE D. WILSON, Members of the Board of Governors of the University of North Carolina, in their official capacity; and their successors in office, Defendants\nNo. 7810SC55\n(Filed 6 February 1979)\nColleges and Universities \u00a7 1; Public Officers \u00a7 5\u2014 member of Banking Commission-prohibition against serving on U.N.C. Board of Governors\nA member of the State Banking Commission is an \u201cofficer of the State\u201d within the meaning of G.S. 116-7(b) and is prohibited by that statute from also serving on the Board of Governors of the University of North Carolina.\nAppeal by plaintiff from McLelland, Judge. Judgment entered 12 January 1978 in Superior Court, WAKE County. Heard in the Court of Appeals 18 October 1978.\nIn 1975, plaintiff was elected to the Board of Governors of the University of North Carolina for a six-year term. In October 1977, he was sworn in as a member of the State Banking Commission. On 12 December 1977, plaintiff received a letter from the defendant advising him that he was no longer eligible to serve on the Board of Governors because he was a member of the State Banking Commission and, therefore, was prohibited by G.S. 116-7(b) from occupying both offices. Plaintiff attempted to attend a meeting of the Board of Governors but was denied recognition. He then started this action for a declaratory judgment. He subsequently moved for a temporary restraining order and preliminary injunction to enjoin the defendant from excluding him from the meetings of the Board. From the denial of this motion, and the entry of a judgment concluding that a member of the State Banking Commission is an officer of the State under G.S. 116-7(b), plaintiff appealed.\nAttorney General Edmisten, by Senior Deputy Attorney General Andrew A. Vanore, Jr., for the State.\nThigpen, Blue & Stephens, by Ralph L. Stephens, for plaintiff appellant." }, "file_name": "0682-01", "first_page_order": 710, "last_page_order": 712 }