| HB 1018 - Walton County; board of commissioners; reconstitute |
First Reader Summary
A BILL to reconstitute the Board of Commissioners of Walton
County; and for other purposes.
| House |
Action |
Senate |
| 3/16/99 |
Read 1st Time |
3/18/99 |
| 3/17/99 |
Read 2nd Time |
|
| 3/18/99 |
Favorably Reported |
|
| 3/18/99 |
Read 3rd Time |
|
| 3/18/99 |
Passed/Adopted |
|
HB 1018 LC 18 9641
A BILL TO BE ENTITLED
AN ACT
1- 1 To reconstitute the Board of Commissioners of Walton County;
1- 2 to provide for the election, terms of office, and
1- 3 qualifications of members; to provide for commissioner
1- 4 districts; to provide for compensation and expenses; to
1- 5 provide for powers, duties, and authority of the board; to
1- 6 provide for an oath of office; to provide for vacancies; to
1- 7 provide for meetings; to provide for rules and regulations;
1- 8 to provide for a clerk, county attorney, county manager, and
1- 9 other personnel; to provide for powers, duties, and
1-10 authority of such personnel; to provide for bonds; to
1-11 provide for county property; to provide for budgets and
1-12 audits; to provide for certain submission; to provide for
1-13 related matters; to provide for the specific repeal of an
1-14 Act creating the former board, as amended; to provide
1-15 effective dates; to provide for a referendum; to provide for
1-16 automatic repeal under certain circumstances; to repeal
1-17 conflicting laws; and for other purposes.
1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-19 SECTION 1.
1-20 The Board of Commissioners of Walton County which existed on
1-21 December 31, 2000, is continued in existence but on and
1-22 after January 1, 2001, shall be constituted as provided in
1-23 this Act. The Board of Commissioners of Walton County so
1-24 continued and constituted, sometimes referred to in this Act
1-25 as the "board," shall continue to have the powers, duties,
1-26 rights, obligations, and liabilities of that board as
1-27 existed immediately prior to January 1, 2001.
1-28 SECTION 2.
1-29 (a) Those members of the Board of Commissioners of Walton
1-30 County who are serving as such on December 31, 1999, and any
1-31 person selected to fill a vacancy in any such offices shall
1-32 continue to serve as such members for terms of office to
1-33 which they were elected and upon the election and
1-34 qualification of their respective successors. On and after
-1-
2- 1 January 1, 2001, the Board of Commissioners of Walton County
2- 2 shall consist of seven members all of whom shall be elected
2- 3 from commissioner districts described in subsection (b) of
2- 4 this section.
2- 5 (b) For purposes of electing members of the board of
2- 6 commissioners, other than the chairperson, Walton County is
2- 7 divided into six commissioner districts. One member of the
2- 8 board shall be elected from each such district except for
2- 9 the seventh member who shall be elected at large from the
2-10 entire county. The six commissioner districts shall be and
2-11 correspond to those six numbered districts described in and
2-12 attached to and made a part of this Act and further
2-13 identified as Operator: local Client: walton Plan:
2-14 waltoncc93.
2-15 (c) When used in such attachment, the terms "Tract,"
2-16 "Block," and "Block Group" shall mean and describe the same
2-17 geographical boundaries as provided in the report of the
2-18 Bureau of the Census for the United States decennial census
2-19 of 1990 for the State of Georgia. Any part of Walton County
2-20 which is not included in any such district described in that
2-21 attachment shall be included within that district contiguous
2-22 to such part which contains the least population according
2-23 to the United States decennial census of 1990 for the State
2-24 of Georgia. Any part of Walton County which is described in
2-25 that attachment as being in a particular district shall
2-26 nevertheless not be included within such district if such
2-27 part is not contiguous to such district. Such noncontiguous
2-28 part shall instead be included within that district
2-29 contiguous to such part which contains the least population
2-30 according to the United States decennial census of 1990 for
2-31 the State of Georgia. Except as otherwise provided in the
2-32 description of any commissioner district, whenever the
2-33 description of such district refers to a named city, it
2-34 shall mean the geographical boundaries of that city as shown
2-35 on the census map for the United States decennial census of
2-36 1990 for the State of Georgia.
2-37 SECTION 3.
2-38 (a) No person shall be a member of the board if that person
2-39 is ineligible for such office pursuant to Code Section
2-40 45-2-1 of the O.C.G.A. or any other general law applicable
2-41 to that office.
2-42 (b) In order to be elected or appointed as a member of the
2-43 board from a commissioner district, a person must reside in
-2-
3- 1 that district at the time of election or appointment thereto
3- 2 and, if elected, must receive the number of votes cast for
3- 3 that office, as required by general law, in that district
3- 4 only and not at large. Only electors who are residents of
3- 5 that commissioner district may vote for a member of the
3- 6 board for that district. At the time of qualifying for
3- 7 election as a member of the board from a commissioner
3- 8 district, each candidate for such office shall specify the
3- 9 commissioner district for which that person is a candidate.
3-10 A person elected or appointed as a member of the board from
3-11 a commissioner district must continue to reside in that
3-12 district during that person's term of office or that office
3-13 shall become vacant.
3-14 (c) The at-large member of the board may reside anywhere
3-15 within Walton County and, if elected, must receive the
3-16 number of votes cast for that office, as required by general
3-17 law, in the entire county. The at-large member must
3-18 continue to reside within the county during that person's
3-19 term of office or that office shall become vacant.
3-20 SECTION 4.
3-21 (a) The first members of the reconstituted Board of
3-22 Commissioners of Walton County shall be elected at the time
3-23 of the general election on the Tuesday next following the
3-24 first Monday in November, 2000. The at-large member and
3-25 those members of the board elected thereto from Commissioner
3-26 Districts 2, 3, and 6 in 2000 shall take office the first
3-27 day of January immediately following that election and shall
3-28 serve for initial terms of office which expire December 31,
3-29 2004, and upon the election and qualification of their
3-30 respective successors. Those members of the board elected
3-31 thereto from Commissioner Districts 1, 4, and 5 in 2002
3-32 shall take office the first day of January immediately
3-33 following that election and shall serve for initial terms of
3-34 office which expire December 31, 2006, and upon the election
3-35 and qualification of their respective successors. Those and
3-36 all future successors to members of the board whose terms of
3-37 office are to expire shall be elected at the state-wide
3-38 general election immediately preceding the expiration of
3-39 such terms, shall take office the first day of January
3-40 immediately following that election, and shall serve for
3-41 terms of office of four years. Members of the board shall
3-42 serve for the terms of office specified therefor in this
3-43 subsection and until their respective successors are elected
3-44 and qualified.
-3-
4- 1 (b) All members of the board who are elected thereto shall
4- 2 be nominated and elected in accordance with Chapter 2 of
4- 3 Title 21 of the O.C.G.A., the "Georgia Election Code."
4- 4 (c)(1) Any vacancy in office upon the board which occurs
4- 5 for any reason other than expiration of term shall be
4- 6 filled within 30 days after such occurrence. The
4- 7 remaining members of the board shall appoint a person to
4- 8 fill such vacancy.
4- 9 (2) Any person appointed to fill a vacancy in office
4-10 pursuant to paragraph (1) of this subsection shall meet
4-11 the same eligibility requirements specified for persons
4-12 who are elected to such office. Any person appointed to
4-13 fill a vacancy shall serve out the remainder of the
4-14 unexpired term and until a successor is elected and
4-15 qualified. However, said appointee shall, if otherwise
4-16 qualified, be eligible to run for office at the
4-17 appropriate time for a new term.
4-18 SECTION 5.
4-19 (a) From among its seven members, the board of commissioners
4-20 shall elect a chairperson to serve for a term of two years
4-21 with such duties and responsibilities as may be from time to
4-22 time established by a majority of the board of
4-23 commissioners; provided, however, that the person elected as
4-24 chairperson shall preside at all meetings if present. A
4-25 vice chairperson shall also be elected and shall preside in
4-26 the absence of the chairperson.
4-27 (b) The chairperson of the board of commissioners may be
4-28 removed from that position at any time by a majority vote of
4-29 the board of commissioners notwithstanding the two-year
4-30 term.
4-31 SECTION 6.
4-32 (a) All members of the board of commissioners shall receive
4-33 as compensation the sum of $9,600.00 per annum paid in 12
4-34 monthly installments.
4-35 (b) In addition to the sum of $9,600.00 the chairperson
4-36 shall receive the sum of $12,000.00 per annum paid in 12
4-37 monthly installments.
4-38 (c) All members of the board of commissioners shall be able
4-39 to participate in Walton County's insurance programs and
4-40 retirement programs on the same basis as other employees.
-4-
5- 1 SECTION 7.
5- 2 (a) In addition to the compensation provided for the members
5- 3 of the board, they shall be reimbursed for the actual
5- 4 expenses incurred while on business of the county outside
5- 5 Walton County. The member shall submit a verified expense
5- 6 account to the financial officer and shall be reimbursed
5- 7 from county funds on a warrant signed by them and also by
5- 8 the clerk of the board. All such expense accounts shall be
5- 9 placed on the minutes of the board by the clerk.
5-10 (b) In addition to the compensation provided for the
5-11 chairperson of the board of commissioners, there shall be
5-12 reimbursement for all actual expenses incurred on business
5-13 of the county upon submission of a verified expense account
5-14 to the financial officer of the county. All such expense
5-15 accounts shall be placed on the minutes of the board by the
5-16 clerk.
5-17 SECTION 8.
5-18 (a) The board of commissioners shall have authority to
5-19 contract and to purchase such goods and services as may be
5-20 required for the efficient administration of the county
5-21 government.
5-22 (b) The board of commissioners may in its discretion
5-23 delegate to a purchasing agent, county manager, chairperson
5-24 of the board of commissioners, or any combination thereof,
5-25 authority to expend sums up to $20,000.00 for purchase of
5-26 goods and services. The actual sum so authorized shall be
5-27 determined by majority vote of the board of commissioners.
5-28 There shall be no requirement for any bid process on any
5-29 purchase or contract for any amount under $20,000.00, unless
5-30 otherwise provided by state law.
5-31 (c) Any contract entered into by the Board of Commissioners
5-32 of Walton County in excess of any amount authorized by the
5-33 board of commissioners to be expended as outlined in
5-34 subsection (b) of this section shall be voted on by majority
5-35 vote of the board of commissioners and shall be spread on
5-36 the minutes of the board.
5-37 (d) In all matters relating to the administration of the
5-38 Walton County government, the board of commissioners shall
5-39 retain full authority and any decision made by majority vote
5-40 of the board of commissioners shall be final. No person by
5-41 virtue of elected or appointed position within the county
5-42 government administration shall have authority to override a
-5-
6- 1 decision made by a majority vote of the board of
6- 2 commissioners on any matter subject to the jurisdiction of
6- 3 the board of commissioners.
6- 4 SECTION 9.
6- 5 The members of said board of commissioners, before entering
6- 6 upon their duties, shall take an oath before the probate
6- 7 judge of said county to faithfully discharge all the duties
6- 8 of said office with honesty and fidelity, and free from any
6- 9 and all graft, and according to the laws and the
6-10 Constitution of the State of Georgia, which oath shall be
6-11 subscribed by them upon the minutes of their proceedings.
6-12 SECTION 10.
6-13 (a) The board of commissioners shall hold a regular meeting
6-14 each month at the county seat, which meeting shall be open
6-15 to the public. The time, date, and place of the meeting
6-16 shall be determined by the board in the first meeting after
6-17 the passage of this Act and in the first meeting of the
6-18 board in each year thereafter. Any resolution passed by the
6-19 board regarding the date, time, and place of its monthly
6-20 meeting shall be published in the official county organ once
6-21 a week for two weeks immediately following the passage of
6-22 the resolution.
6-23 (b) The board of commissioners may hold such additional
6-24 meetings as shall be deemed necessary when called by the
6-25 chairperson or a majority of the commissioners. At all such
6-26 called meetings the chairperson or vice chairperson shall
6-27 preside and on all questions that may be disposed of there
6-28 shall be a concurrence of a majority of the entire board of
6-29 commissioners.
6-30 (c) No official action shall be taken except upon compliance
6-31 with Chapter 14 of Title 50 of the O.C.G.A., relating to
6-32 open meetings.
6-33 SECTION 11.
6-34 The board hereby established shall have jurisdiction over
6-35 and control of all county matters, such as public roads,
6-36 bridges, county finances, the levying and collecting of
6-37 taxes for county purposes, the management, control over and
6-38 disbursing of county funds, the erection and maintenance of
6-39 public buildings, the supervision over and control of and
6-40 exclusive jurisdiction over all matters regarding the
6-41 efficient administration of the county government.
-6-
7- 1 SECTION 12.
7- 2 Be it further enacted, that said board shall be a body
7- 3 corporate and be entitled to sue and be sued, and may have
7- 4 the authority to employ additional counsel as necessary, in
7- 5 addition to the county attorney.
7- 6 SECTION 13.
7- 7 Said board may make such rules and regulations as it may
7- 8 deem advisable for its own government, that of the clerk,
7- 9 and other employees, not inconsistent with the laws of this
7-10 state or this Act. Said board shall keep correct minutes of
7-11 its official Acts and doings in a minute-book kept for such
7-12 purpose; a record of receipts and disbursements, a general
7-13 ledger and a record of all sales of any property of the
7-14 county. Said board shall also keep on file all paid
7-15 vouchers and other papers necessary to show a complete
7-16 record of all the transactions of said county as reflected
7-17 in the County Records Management Policy.
7-18 SECTION 14.
7-19 (a) The board of commissioners shall appoint a clerk and
7-20 assistant clerk to keep a record of the actions of the board
7-21 provided that no person who is not already employed as the
7-22 county clerk or assistant clerk shall be appointed to that
7-23 position if he or she is related to a member of the board of
7-24 commissioners within the third degree of consanguinity or
7-25 affinity.
7-26 (b) The board shall have the right to discharge said clerk
7-27 or assistant clerk at any time and appoint a successor.
7-28 (c) Qualifications, tenure, duties, and compensation of the
7-29 clerk shall be determined by the majority of the board of
7-30 commissioners.
7-31 (d) Said clerk and assistant clerk shall be required to take
7-32 and subscribe to an oath to honestly and faithfully
7-33 discharge the duties of the office of clerk.
7-34 (e) The clerk or assistant clerk shall attend all official
7-35 meetings of the board and shall keep accurate minutes of the
7-36 meetings except executive sessions unless otherwise
7-37 specified by the board of commissioners.
7-38 (f) The board of commissioners may employ such other
7-39 personnel as it may deem necessary to carry on the lawful
7-40 business of the county government and may set the terms,
-7-
8- 1 qualifications, compensation, and duties of each such
8- 2 employee.
8- 3 SECTION 15.
8- 4 All members of the board of commissioners, the county clerk,
8- 5 and such other employees as may be determined by the board
8- 6 of commissioners shall serve pursuant to being bonded in an
8- 7 amount to be determined by the board of commissioners unless
8- 8 otherwise set by general law and underwritten by a reliable
8- 9 bonding company with the costs of said bonds to be borne by
8-10 the county.
8-11 SECTION 16.
8-12 The board of commissioners shall deliver to their successors
8-13 who may be elected under this Act any and all books,
8-14 documents, and other papers, and any and all property
8-15 belonging to the county which they may have in their
8-16 possession and control. And said commissioners shall
8-17 prepare and file and record in their office a complete list
8-18 of such books and property so delivered.
8-19 SECTION 17.
8-20 (a) The position of county manager of Walton county is
8-21 created pursuant to Code Section 36-5-22 of the O.C.G.A.
8-22 (b) The board of commissioners is authorized to appoint a
8-23 professional county manager and to set qualifications,
8-24 tenure, duties, compensation, and terms of employment for
8-25 said position.
8-26 (c) The board of commissioners is authorized to provide that
8-27 the county manager have authority to appoint and discharge
8-28 any employee subject to the jurisdiction of the board and
8-29 that the county manager may have authority to supervise all
8-30 employees subject to the jurisdiction of the board. It is
8-31 further provided that the board of commissioners may place
8-32 any limitation upon the authority of the county manager as
8-33 determined with the sound discretion of the board.
8-34 (d) Any discharged employee may appeal to the board of
8-35 commissioners any decision of the county manager via the
8-36 Walton County Civil Service Personnel Policies.
8-37 SECTION 18.
8-38 If the services of an attorney should be required by said
8-39 board, the contract of employment shall be by a majority
8-40 vote of the board, both as to the attorney and as to such
-8-
9- 1 attorney's compensation, and all proceedings in such matters
9- 2 shall be recorded on the minutes.
9- 3 SECTION 19.
9- 4 It shall be the duty of said board to work and keep in good
9- 5 repair all the public roads of said county, not kept up by
9- 6 the Department of Transportation of the state, and to work
9- 7 and repair all the streets in the towns, cities, and
9- 8 villages of said county which are continuations of the
9- 9 public roads through said towns, villages, and cities of
9-10 said county.
9-11 SECTION 20.
9-12 The board shall make available for public review the
9-13 proposed county budget prior to its adoption and the annual
9-14 audit report of the county auditor and shall publish a
9-15 notice of said availability and where such documents may be
9-16 reviewed in the official organ of the county in accordance
9-17 with state law.
9-18 SECTION 21.
9-19 An Act creating a Board of Commissioners of Walton County,
9-20 approved August 1, 1929 (Ga. L. 1929, p. 747), as amended,
9-21 is repealed in its entirety.
9-22 SECTION 22.
9-23 It shall be the duty of the attorney of the Board of
9-24 Commissioners of Walton County to submit this Act for
9-25 approval pursuant to Section 5 of the federal Voting Rights
9-26 Act of 1965, as amended.
9-27 SECTION 23.
9-28 Unless prohibited by the federal Voting Rights Act of 1965,
9-29 as amended, the election superintendent of Walton County
9-30 shall call and conduct an election as provided in this
9-31 section for the purpose of submitting this Act to the
9-32 electors of Walton County for approval or rejection. The
9-33 election superintendent shall conduct that election on the
9-34 Tuesday after the first Monday in November, 1999, and shall
9-35 issue the call and conduct that election as provided by
9-36 general law. The superintendent shall cause the date and
9-37 purpose of the election to be published once a week for two
9-38 weeks immediately preceding the date thereof in the official
9-39 organ of Walton County. The ballot shall have written or
9-40 printed thereon the words:
-9-
10- 1 "( ) YES Shall the Act be approved which reconstitutes
10- 2 ( ) NO the Board of Commissioners of Walton County?"
10- 3 All persons desiring to vote for approval of the Act shall
10- 4 vote "Yes," and those persons desiring to vote for rejection
10- 5 of the Act shall vote "No." If more than one-half of the
10- 6 votes cast on such question are for approval of the Act,
10- 7 then Sections 1 through 22 of this Act shall become of full
10- 8 force and effect on January 1, 2001, except as otherwise
10- 9 provided in Section 24 of this Act. If Sections 1 through
10-10 22 of this Act are not so approved or if the election is not
10-11 conducted as provided in this section, Sections 1 through 22
10-12 of this Act shall not become effective and this Act shall be
10-13 automatically repealed on the first day of January
10-14 immediately following that election date.
10-15 The expense of such election shall be borne by Walton
10-16 County. It shall be the election superintendent's duty to
10-17 certify the result thereof to the Secretary of State.
10-18 SECTION 24.
10-19 This section and Sections 23 and 25 of this Act shall become
10-20 effective upon its approval by the Governor or upon its
10-21 becoming law without such approval. Upon approval of this
10-22 Act in the referendum provided for in Section 22 of this
10-23 Act, those provisions of this Act necessary for the election
10-24 of members of the Board of Commissioners of Walton County
10-25 in 2000 shall become effective on January 1, 2000, and the
10-26 remaining provisions of this Act shall become effective
10-27 January 1, 2001.
10-28 SECTION 25.
10-29 All laws and parts of laws in conflict with this Act are
10-30 repealed.
-10-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/19/99
