| HB 190 - Jackson County; board of commissioners; membership |
First Reader Summary
A BILL to amend an Act entitled "An Act to create a board of
county commissioners for the County of Jackson," so as to provide
that the board of commissioners of Jackson County shall be
composed of a chairperson and four commissioners; and for other
purposes.
| House |
Action |
Senate |
| 1/25/99 |
Read 1st Time |
1/28/99 |
| 1/26/99 |
Read 2nd Time |
|
| 1/27/99 |
Favorably Reported |
3/8/99 |
| Sub |
Committee Amend/Sub |
Sub |
| 1/27/99 |
Read 3rd Time |
|
| 1/27/99 |
Passed/Adopted |
3/8/99 |
| CS |
Comm/Floor Amend/Sub |
CS |
| 3/9/99 |
Amend/Sub Agreed To |
|
| 3/10/99 |
Sent to Governor |
|
| 3/16/99 |
Signed by Governor |
|
| 12 |
Act/Veto Number |
|
HB 190 HB 190/AP
H. B. No. 190 (AS PASSED HOUSE AND SENATE)
By: Representative Tolbert of the 25th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act entitled "An Act to create a board of county
1- 2 commissioners for the county of Jackson," approved December
1- 3 18, 1901 (Ga. L. 1901, p. 257), as amended, so as to provide
1- 4 that the board of commissioners of Jackson County shall be
1- 5 composed of a chairperson and four commissioners; to provide
1- 6 that the chairperson shall be elected from the county at
1- 7 large; to provide that the commissioners shall each reside
1- 8 in one of four districts; to provide for election of members
1- 9 at large; to provide alternatively for election of members
1-10 from districts; to provide for terms of office; to provide
1-11 for qualifications; to provide for commissioner districts;
1-12 to provide for a county manager and the selection,
1-13 compensation, powers, and duties thereof; to provide for a
1-14 clerk; to provide for filling of vacancies; to provide for
1-15 oaths of office and surety bonds; to provide for the
1-16 compensation and expenses of the chairperson and members of
1-17 the board; to provide for a vice chairperson; to provide for
1-18 powers and duties of such officers; to provide for regular
1-19 meetings, work sessions, and other meetings; to provide for
1-20 the powers, duties, and authority of the chairperson and
1-21 members of the board; to provide for formal bids for certain
1-22 purchases; to provide for the appointment, removal, and
1-23 compensation of employees and department heads; to provide
1-24 for the preparation, submission, review, adoption, and
1-25 amendment of budgets; to provide for expenditure of county
1-26 funds; to provide for audits of county finances and
1-27 financial records; to provide for other related matters; to
1-28 amend an Act creating the office of tax commissioner of
1-29 Jackson County, placing the clerk of the superior court, the
1-30 sheriff, the judge of the probate court, and the tax
1-31 commissioner on a salary basis of compensation, and
1-32 providing for the compensation of the chairperson and
1-33 members of the Board of Commissioners of Jackson County,
1-34 approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended,
1-35 particularly by an Act approved March 27, 1985 (Ga. L. 1985,
1-36 p. 4200), so as to change certain provisions relating to the
1-37 compensation of the chairperson and other members of the
-1-
2- 1 board of commissioners; to provide for submission of this
2- 2 Act for approval by the United States Attorney General; to
2- 3 provide for related matters; to provide for a referendum at
2- 4 a special election; to provide for effective dates and
2- 5 automatic repeal; to repeal conflicting laws; and for other
2- 6 purposes.
2- 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2- 8 SECTION 1A.
2- 9 An Act entitled "An Act to create a board of county
2-10 commissioners for the county of Jackson," approved December
2-11 18, 1901 (Ga. L. 1901, p. 257), as amended, is amended by
2-12 striking Section 1 and all subsequent sections and inserting
2-13 in lieu thereof the following:
2-14 There shall be a Board of Commissioners of Jackson County
2-15 to be elected and organized as provided for in this Act.
2-16 The board of commissioners shall constitute the governing
2-17 authority of Jackson County and shall exercise the powers,
2-18 duties, and responsibilities vested in and upon said
2-19 officers by the provisions of this Act. The term 'board,'
2-20 whenever used in this Act, shall mean the Board of
2-21 Commissioners of Jackson County, including the chairperson
2-22 and all members.
2-23 (a) The Board of Commissioners of Jackson County shall
2-24 consist of a chairperson and four district commissioners.
2-25 The four district commissioners shall be residents of
2-26 their respective commissioner districts described in
2-27 subsection (b) of this section but shall be elected at
2-28 large as provided in Section 3 of this Act. The
2-29 chairperson shall be elected at large as provided in
2-30 Section 3 of this Act.
2-31 (b) For the purpose of electing members of the board of
2-32 commissioners, Jackson County shall be divided into four
2-33 commissioner districts. One member of the board shall be
2-34 elected for each such district. Those districts shall
2-35 consist of the described territory of Jackson County
2-36 contained in the description attached to this Act and made
2-37 a part hereof and further identified as: 'Operator: local
2-38 Client: jackson Plan: jack99p2.'
-2-
3- 1 (c) For purposes of the commissioner districts described
3- 2 as provided by subsection (b) of this section:
3- 3 (1) The terms 'Tract,' 'Block,' and 'Block Group' shall
3- 4 mean and describe the same geographical boundaries as
3- 5 provided in the report of the Bureau of the Census for
3- 6 the United States decennial census of 1990 for the State
3- 7 of Georgia;
3- 8 (2) Any part of Jackson County which is not included in
3- 9 any commissioner district described as provided by
3-10 subsection (b) of this section shall be included within
3-11 that commissioner district contiguous to such part which
3-12 contains the least population according to the United
3-13 States decennial census of 1990 for the State of
3-14 Georgia; and
3-15 (3) Any part of Jackson County which is described as
3-16 provided by subsection (b) of this section as being
3-17 included in a particular commissioner district shall
3-18 nevertheless not be included within such commissioner
3-19 district if such part is not contiguous to such
3-20 commissioner district. Such noncontiguous part shall
3-21 instead be included within that commissioner district
3-22 contiguous to such part which contains the least
3-23 population according to the United States decennial
3-24 census of 1990 for the State of Georgia.
3-25 (a) No person shall be a member of the board if that
3-26 person is ineligible for such office pursuant to Code
3-27 Section 45-2-1 of the O.C.G.A. or any other general law.
3-28 (b) In order to be elected as a member of the board for a
3-29 commissioner district, a person must be 21 years of age or
3-30 older, must reside in that district, must have resided in
3-31 Jackson County for at least 12 months prior to election to
3-32 such office, and must receive the requisite number of the
3-33 votes cast for that office by the electors of the entire
3-34 county. At the time of qualifying for election as a
3-35 member of the board for a commissioner district, each
3-36 candidate for such office shall specify the commissioner
3-37 district for which that person is a candidate. A person
3-38 elected as a member of the board for a commissioner
3-39 district must continue to reside in that district during
3-40 that person's term of office or that office shall
3-41 thereupon become vacant.
-3-
4- 1 (c) The chairperson of the board must be 25 years of age
4- 2 or older, must have resided in Jackson County for at least
4- 3 12 months prior to election to such office, may reside
4- 4 anywhere within Jackson County, and must receive the
4- 5 requisite number of the votes cast for such office by the
4- 6 electors of the entire county. The chairperson must
4- 7 continue to reside within Jackson County during that
4- 8 person's term of office or that office shall thereupon
4- 9 become vacant.
4-10 (a) At the general election held in November of 2000, the
4-11 chairperson and commissioners for all commissioner
4-12 districts shall be elected. The chairperson and
4-13 commissioners for Commissioner Districts One and Two
4-14 elected in 2000 shall take office on the first day of
4-15 January in the year following their election and shall
4-16 serve terms of four years and until their successors are
4-17 duly elected and qualified. The commissioners for
4-18 Commissioner Districts Three and Four elected in 2000
4-19 shall take office on the first day of January in the year
4-20 following their election and shall serve initial terms of
4-21 two years until their successors are duly elected and
4-22 qualified. Those and all future successors to the
4-23 chairperson and commissioners for commissioner districts
4-24 whose terms of office are to expire shall be elected at
4-25 the general state-wide election immediately preceding the
4-26 expiration of such terms, shall take office on the first
4-27 day of January in the year following that election, and
4-28 shall serve for terms of office of four years until their
4-29 successors are duly elected and qualified.
4-30 (b) The chairperson and all members of the board who are
4-31 elected thereto shall be nominated and elected in
4-32 accordance with Chapter 2 of Title 21 of the O.C.G.A., the
4-33 'Georgia Election Code.'
4-34 (a) In the event of a vacancy occurring in the membership
4-35 of the board on or after the date the first members of the
4-36 board take office, whether the vacancy is in the office of
4-37 chairperson or any other member, for any reason other than
4-38 expiration of term, that vacancy shall be filled as
4-39 provided in this section.
4-40 (b) In the event a vacancy occurs on the board of
4-41 commissioners when at least 180 days remain in the
-4-
5- 1 unexpired term of office, the election superintendent of
5- 2 Jackson County, within 15 days after the vacancy occurs,
5- 3 shall issue the call for a special election to fill the
5- 4 vacancy for the remainder of the unexpired term. Such
5- 5 special election shall be called and conducted as provided
5- 6 in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia
5- 7 Election Code,' as now or hereafter amended. Any person
5- 8 elected in a special election to fill such a vacancy shall
5- 9 take office immediately upon certification of the results
5-10 of such special election and qualification. If such
5-11 vacancy is in the office of chairperson of the board of
5-12 commissioners, the vice chairperson of the board shall
5-13 exercise the powers and duties of the chairperson for the
5-14 period beginning on the date the vacancy occurs and ending
5-15 on the date the successor chairperson takes office for the
5-16 remainder of the unexpired term following the special
5-17 election provided for in this subsection.
5-18 (c) In the event a vacancy occurs on the board of
5-19 commissioners when less than 180 days remain in the
5-20 unexpired term of office, the remaining members of the
5-21 board of commissioners shall appoint a qualified person to
5-22 fill the vacancy for the remainder of the unexpired term.
5-23 Any person appointed by the board to fill a vacancy as
5-24 provided in this subsection shall possess the residency
5-25 and other qualifications required for the office and shall
5-26 take office immediately upon appointment and
5-27 qualification. If such vacancy is in the office of
5-28 chairperson of the board of commissioners, the vice
5-29 chairperson of the board shall exercise the powers and
5-30 duties of the chairperson for the period beginning on the
5-31 date the vacancy occurs and ending on the date the
5-32 successor chairperson takes office for the remainder of
5-33 the unexpired term following his or her appointment as
5-34 provided for in this subsection.
5-35 (d) A vice chairperson serving as chairperson shall not be
5-36 authorized to vote as a member of the board of
5-37 commissioners during such service unless the vice
5-38 chairperson's vote would affect the outcome of any vote or
5-39 issue before the board.
5-40 Before entering upon the discharge of their duties, the
5-41 chairperson and commissioners shall subscribe an oath
5-42 before the judge of the probate court of said county for
5-43 the true and faithful performance of their duties and that
-5-
6- 1 they are not the holders of any public funds unaccounted
6- 2 for. In addition, the chairperson and each commissioner
6- 3 shall further give a satisfactory surety bond to the judge
6- 4 of the probate court of the county and payable to the
6- 5 judge of the probate court or that judge's successor in
6- 6 office and filed in the office of the judge of the probate
6- 7 court, in the sum of $10,000.00, conditioned upon the
6- 8 faithful performance of the duties of the office. The
6- 9 costs of said bonds shall be paid out of the county
6-10 treasury.
6-11 (a) Commissioners, other than the chairperson, shall serve
6-12 on a part-time basis and be paid a salary of $10,000.00
6-13 per annum. Such compensation shall be paid in equal
6-14 monthly installments from the funds of Jackson County.
6-15 Each such commissioner shall also receive reimbursement
6-16 for actual and necessary expenses incurred for travel in
6-17 the performance of his or her duties which have been
6-18 approved in advance, in writing, by the chairperson, upon
6-19 presentation of a signed voucher setting forth the
6-20 expenses incurred in such travel.
6-21 (b) The chairperson shall serve in such capacity on a
6-22 part-time basis and shall be paid a salary of $15,000.00
6-23 per annum. Such compensation shall be paid in equal
6-24 monthly installments from the funds of Jackson County. The
6-25 chairperson shall also receive reimbursement for actual
6-26 and necessary expenses incurred for travel in the
6-27 performance of his or her duties.
6-28 At the first regular meeting of each year, the board of
6-29 commissioners shall elect from its members a vice
6-30 chairperson. In the event of death, disqualification, or
6-31 resignation of the chairperson, the vice chairperson shall
6-32 perform the duties and exercise the authority of the
6-33 chairperson until a new chairperson is chosen as provided
6-34 in this Act. The vice chairperson shall preside at
6-35 meetings of the board of commissioners in the absence of
6-36 the chairperson and shall serve for the calendar year in
6-37 which elected. In the event of a vacancy in the office of
6-38 vice chairperson, the board of commissioners shall elect a
6-39 new vice chairperson to serve for the remainder of the
6-40 calendar year.
-6-
7- 1 The board of commissioners shall hold one regular meeting
7- 2 each month at the county seat, which meeting shall be open
7- 3 to the public. The time, date, and place of the meetings
7- 4 shall be determined by the board in the first meeting of
7- 5 the year. Any resolution passed by the board regarding the
7- 6 date, time, and place of its monthly meetings shall be
7- 7 published in the official county organ once a week for two
7- 8 weeks during a period of 30 days immediately following the
7- 9 passage of the resolution. The board of commissioners may
7-10 hold such additional meetings as shall be necessary when
7-11 called by the chairperson or any three commissioners,
7-12 provided all members of the board of commissioners shall
7-13 have been notified of such special meeting which is open
7-14 to the public. Any three commissioners or the chairperson
7-15 and any two commissioners shall constitute a quorum. No
7-16 official action shall be taken except upon the affirmative
7-17 vote of at least three members of the board of
7-18 commissioners and except upon compliance with Chapter 14
7-19 of Title 50 of the O.C.G.A., relating to open meetings.
7-20 The chairperson shall be entitled to vote on a question
7-21 only if the chairperson's vote would affect the outcome of
7-22 any vote or issue before the board. All regular and called
7-23 meetings shall be conducted according to Robert's Rules of
7-24 Order.
7-25 The chairperson shall preside over the meetings of the
7-26 board of commissioners. The duties of the chairperson
7-27 shall include, but shall not be limited to, the following:
7-28 (1) Calling meetings of the board as provided in Section
7-29 9 of this Act;
7-30 (2) Presiding at meetings of the board;
7-31 (3) Representing the county government at ceremonial
7-32 functions;
7-33 (4) Being empowered to submit motions to the board of
7-34 commissioners for action;
7-35 (5) Appointing members and chairpersons to all
7-36 committees of the board with the approval of the board;
7-37 and
-7-
8- 1 (6) Performing such other duties as shall be delegated
8- 2 to the chairperson by the board of commissioners or as
8- 3 provided by law or ordinance.
8- 4 The board of commissioners shall have the power and
8- 5 authority to fix and establish, by appropriate resolution
8- 6 entered on its minutes, policies, rules, and regulations
8- 7 governing all matters reserved to its exclusive
8- 8 jurisdiction. Such policies, rules, and regulations, when
8- 9 so adopted with proper entry thereof made on the minutes
8-10 of the board of commissioners, shall be conclusive and
8-11 binding. The board of commissioners shall exercise only
8-12 those administrative powers which are necessarily and
8-13 properly incident to its functions as a policy-making or
8-14 rule-making body or which are necessary to compel
8-15 enforcement of its adopted resolutions. The following
8-16 powers are vested in the board of commissioners and
8-17 reserved to its exclusive jurisdiction:
8-18 (1) To levy taxes;
8-19 (2) To make appropriations;
8-20 (3) To fix rates and charges for services provided by
8-21 the county;
8-22 (4) To authorize the incurring of indebtedness;
8-23 (5) To order work done where the cost is to be assessed
8-24 against benefited property and to fix the basis for such
8-25 assessment;
8-26 (6) To authorize and provide for the execution of
8-27 contracts;
8-28 (7) To establish, alter, open, close, build, repair, or
8-29 abolish public roads, bridges, and ferries, according to
8-30 law; provided, however, that the chairperson shall have
8-31 the authority to accept subdivision plats when the
8-32 requirements established by the board of commissioners
8-33 for subdivisions have been met;
8-34 (8) To accept, for the county, the provisions of any
8-35 optional statute where the statute permits its
8-36 acceptance by the governing authority of the county;
8-37 (9) To exercise all powers, duties, and authority in
8-38 respect to zoning and planning;
-8-
9- 1 (10) To create and change the boundaries of special
9- 2 taxing districts authorized by law;
9- 3 (11) To fix the bonds of county officers where same are
9- 4 not fixed by statute;
9- 5 (12) To enact any ordinances or other legislation which
9- 6 the county may be given authority to enact;
9- 7 (13) To determine the priority of capital improvements;
9- 8 (14) To call elections for the voting of bonds;
9- 9 (15) Except as otherwise provided in this Act, to
9-10 exercise all of the power and authority which may be
9-11 delegated by law to the governing authority of the
9-12 county, by whatever name designated; and
9-13 (16) To appoint retained legal counsel and an
9-14 independent county auditor and provide for their
9-15 compensation.
9-16 Formal sealed bids shall be received for all purchases in
9-17 amounts over $1,000.00. Advertisements for such bids
9-18 shall be published for two consecutive weeks in the
9-19 official organ of Jackson County. The need for such bids
9-20 may be dispensed with by the board of commissioners if it
9-21 decides that an emergency exists which will not permit a
9-22 delay.
9-23 The internal organization of the county government shall
9-24 be established and altered by the board of commissioners.
9-25 Existing departments may be abolished and their functions
9-26 transferred to other departments, additional departments
9-27 may be created, and any two or more departments may be
9-28 consolidated.
9-29 The board of commissioners shall employ a county manager
9-30 having at least a bachelor's degree in public
9-31 administration or a related field or at least five years'
9-32 experience as a county manager or city manager. The
9-33 county manager shall serve at the pleasure of the board of
9-34 commissioners, shall receive such salary as determined by
9-35 the board of commissioners, shall not be an elected
9-36 official of any county or municipality, and shall have the
9-37 following duties, powers, and authority:
-9-
10- 1 (1) To supervise the administration of the affairs of
10- 2 the county and to see that the ordinances, resolutions,
10- 3 and regulations of the board of commissioners and the
10- 4 laws of the state are faithfully executed and enforced;
10- 5 (2) To employ and remove all department heads of the
10- 6 county under the jurisdiction of the board of
10- 7 commissioners and staff employees of the county manager,
10- 8 pursuant to policies established by the board, except
10- 9 for the county attorney, county auditor, and members of
10-10 all the boards, commissions, and authorities who shall
10-11 be appointed and removed by the board of commissioners
10-12 pursuant to law or county ordinance;
10-13 (3) To exercise managerial authority and supervision
10-14 over the county manager's staff and all department heads
10-15 under the jurisdiction of the board of commissioners;
10-16 (4) To require reports from heads of departments and
10-17 other employees entrusted with administrative duties or
10-18 exercising discretion. The county manager shall have at
10-19 all times the authority to examine all books and records
10-20 of every officer and department of the county under the
10-21 jurisdiction of the board of commissioners;
10-22 (5) To attend all meetings of the board of commissioners
10-23 with a right to take part in the discussions but having
10-24 no vote and to prepare an agenda of both new and
10-25 unresolved business for each meeting;
10-26 (6) To recommend to the board of commissioners for
10-27 adoption such measures as the county manager may deem
10-28 necessary or expedient;
10-29 (7) To supervise the performance of all contracts made
10-30 by any person, company, or corporation with the county
10-31 for work done for the board of commissioners;
10-32 (8) To submit to the board of commissioners for
10-33 approval, prior to July 31 of each year, a proposed
10-34 operating budget for the next fiscal year showing budget
10-35 revenues and expenditures during the preceding fiscal
10-36 year; appropriations and estimated revenue and
10-37 recommended expenditures for the next fiscal year;
10-38 recommended salaries; proposed capital expenditures;
10-39 recommended tax levies; and such other information and
10-40 data as may be considered necessary by the board of
10-41 commissioners;
-10-
11- 1 (9) To keep the board of commissioners fully advised as
11- 2 to the financial condition and needs of the county;
11- 3 (10) To make or cause to be made a full written report
11- 4 to the board of commissioners each month showing the
11- 5 operations and expenditures of each department of the
11- 6 county government for the preceding month;
11- 7 (11) To serve as or designate a personnel director in
11- 8 the supervision and administration of the county's
11- 9 personnel system for county employees;
11-10 (12) To delegate purely administrative duties to
11-11 department heads or subordinates in the county
11-12 government whose work the county manager shall supervise
11-13 and direct; provided, however, that the delegation or
11-14 assignment of duties to subordinates shall not relieve
11-15 the county manager from responsibility for
11-16 administration of county affairs;
11-17 (13) To act as the clerk of the Board of Commissioners
11-18 of Jackson County with the authority to delegate the
11-19 administrative duties of such position;
11-20 (14) To perform such other duties as may be prescribed
11-21 by this Act or as may, from time to time, be required by
11-22 the board of commissioners; and
11-23 (15) To cooperate with elected and appointed county
11-24 officers in management of the county's affairs.
11-25 The clerk of the board of commissioners shall keep a
11-26 proper and accurate book of minutes. The book of minutes
11-27 of the board of commissioners shall contain all the acts,
11-28 orders, and proceedings of the board of commissioners in
11-29 chronological order. The minutes book of the board of
11-30 commissioners shall be open to the public for inspection
11-31 at all times during regular office hours; and certified
11-32 copies of any entries in the minutes book shall be
11-33 furnished by the clerk to any person requesting same upon
11-34 payment of a reasonable fee, to be paid into the county
11-35 treasury as are other funds, to be assessed by the board
11-36 of commissioners in an amount sufficient to defray the
11-37 cost of preparing same.
11-38 (a) The county will comply with Chapter 81 of Title 36 of
11-39 the O.C.G.A., relating to local government budgets and
-11-
12- 1 audits, as well as the following provisions of this
12- 2 section.
12- 3 (b) At the time the proposed budget is submitted to the
12- 4 board, the county manager shall cause to be published in
12- 5 the official organ of Jackson County a copy of the
12- 6 proposed budget along with the public notices required by
12- 7 subsection (e) of Code Section 36-81-5 of the O.C.G.A. It
12- 8 shall be the duty of the board to hold a meeting at the
12- 9 time and place specified in the notice for the purpose of
12-10 conducting such public hearing. The board shall review
12-11 the proposed budget at such public hearing and may adopt
12-12 the same as submitted by the county manager or make such
12-13 amendments thereto as the board may deem necessary to
12-14 maintain the county in sound financial condition. The
12-15 board may continue the hearing on the proposed budget from
12-16 time to time, but the time of and the place where the
12-17 hearing is continued shall be publicly announced at the
12-18 previous hearing. The board shall adopt the proposed
12-19 budget as submitted or as amended by the board as the
12-20 budget for the county for the following fiscal year prior
12-21 to the beginning of the new fiscal year to which it
12-22 applies.
12-23 (c) The final budget adopted by the board shall constitute
12-24 the board's appropriations of all funds for the fiscal
12-25 year covered by the budget. The budget may be amended
12-26 during the fiscal year which it covers upon the board's
12-27 taking formal action for such purpose at a regular meeting
12-28 of the board. Prior to taking such action, the board
12-29 shall cause to be published in the official organ of
12-30 Jackson County a notice setting forth the proposed changes
12-31 in the budget and a summary of the reasons therefor. Said
12-32 notice shall also state the time and place of the regular
12-33 meeting of the board at which action to amend the budget
12-34 is to be taken. Said notice shall be published at least
12-35 ten days prior to the date of the meeting. No increase in
12-36 appropriations shall be made without provision also being
12-37 made to finance such increase.
12-38 (d) A copy of the final budget adopted by the board and
12-39 any amendment to or revision of the budget shall be
12-40 transmitted by the county manager to the grand jury of the
12-41 Superior Court of Jackson County then in session.
-12-
13- 1 No expenditures of county funds shall be made except in
13- 2 accordance with the county budget, or amendments thereto,
13- 3 adopted by the board of commissioners. The county manager
13- 4 shall enforce compliance with this provision by all
13- 5 departments of county government and to this end shall
13- 6 institute a system of allotments of all moneys
13- 7 appropriated and budgeted.
13- 8 The board of commissioners shall on or before the final
13- 9 day of the month following the end of each fiscal year
13-10 employ a certified public accountant for the making of an
13-11 annual continuous audit of county finances and financial
13-12 records. The accountant so employed shall be paid out of
13-13 county funds and shall perform a complete audit of the
13-14 financial records of the county for the preceding year,
13-15 pointing out any irregularities found to exist, and
13-16 reporting the results of such audit to the board of
13-17 commissioners. Each annual report submitted to the board
13-18 of commissioners shall be made available for public
13-19 inspection as are other records in such office. The board
13-20 of commissioners shall cause to be published in the
13-21 official organ of Jackson County and posted at the
13-22 courthouse door a statement of the financial condition of
13-23 the county as of December 31 and June 30 of each year.
13-24 Said accountant shall transmit to the grand jury of the
13-25 Superior Court of Jackson County a copy of each annual
13-26 report furnished by said accountant to the board of
13-27 commissioners."
13-28 SECTION 1B.
13-29 An Act entitled "An Act to create a board of county
13-30 commissioners for the county of Jackson," approved December
13-31 18, 1901 (Ga. L. 1901, p. 257), as amended, is amended by
13-32 striking Section 1 and all subsequent sections and inserting
13-33 in lieu thereof the following:
13-34 There shall be a Board of Commissioners of Jackson County
13-35 to be elected and organized as provided for in this Act.
13-36 The board of commissioners shall constitute the governing
13-37 authority of Jackson County and shall exercise the powers,
13-38 duties, and responsibilities vested in and upon said
13-39 officers by the provisions of this Act. The term 'board,'
-13-
14- 1 whenever used in this Act, shall mean the Board of
14- 2 Commissioners of Jackson County, including the chairperson
14- 3 and all members.
14- 4 (a) The Board of Commissioners of Jackson County shall
14- 5 consist of a chairperson and four district commissioners.
14- 6 The four district commissioners shall be residents of
14- 7 their respective commissioner districts described in
14- 8 subsection (b) of this section and shall be elected by the
14- 9 electors of their respective commissioner districts as
14-10 provided in Section 3 of this Act. The chairperson shall
14-11 be elected at large as provided in Section 3 of this Act.
14-12 (b) For the purpose of electing members of the board of
14-13 commissioners, Jackson County shall be divided into four
14-14 commissioner districts. One member of the board shall be
14-15 elected from each such district. Those districts shall
14-16 consist of the described territory of Jackson County
14-17 contained in the description attached to this Act and made
14-18 a part hereof and further identified as: 'Operator: local
14-19 Client: jackson Plan: jack99p2.'
14-20 (c) For purposes of the commissioner districts described
14-21 as provided by subsection (b) of this section:
14-22 (1) The terms 'Tract,' 'Block,' and 'Block Group' shall
14-23 mean and describe the same geographical boundaries as
14-24 provided in the report of the Bureau of the Census for
14-25 the United States decennial census of 1990 for the State
14-26 of Georgia;
14-27 (2) Any part of Jackson County which is not included in
14-28 any commissioner district described as provided by
14-29 subsection (b) of this section shall be included within
14-30 that commissioner district contiguous to such part which
14-31 contains the least population according to the United
14-32 States decennial census of 1990 for the State of
14-33 Georgia; and
14-34 (3) Any part of Jackson County which is described as
14-35 provided by subsection (b) of this section as being
14-36 included in a particular commissioner district shall
14-37 nevertheless not be included within such commissioner
14-38 district if such part is not contiguous to such
14-39 commissioner district. Such noncontiguous part shall
14-40 instead be included within that commissioner district
14-41 contiguous to such part which contains the least
-14-
15- 1 population according to the United States decennial
15- 2 census of 1990 for the State of Georgia.
15- 3 (a) No person shall be a member of the board if that
15- 4 person is ineligible for such office pursuant to Code
15- 5 Section 45-2-1 of the O.C.G.A. or any other general law.
15- 6 (b) In order to be elected as a member of the board for a
15- 7 commissioner district, a person must be 21 years of age or
15- 8 older, must reside in that district, must have resided in
15- 9 Jackson County for at least 12 months prior to election to
15-10 such office, and must receive the requisite number of the
15-11 votes cast for that office by the electors of that
15-12 district. At the time of qualifying for election as a
15-13 member of the board from a commissioner district, each
15-14 candidate for such office shall specify the commissioner
15-15 district for which that person is a candidate. A person
15-16 elected as a member of the board from a commissioner
15-17 district must continue to reside in that district during
15-18 that person's term of office or that office shall
15-19 thereupon become vacant.
15-20 (c) The chairperson of the board must be 25 years of age
15-21 or older, must have resided in Jackson County for at least
15-22 12 months prior to election to such office, may reside
15-23 anywhere within Jackson County, and must receive the
15-24 requisite number of the votes cast for such office by the
15-25 electors of the entire county. The chairperson must
15-26 continue to reside within Jackson County during that
15-27 person's term of office or that office shall thereupon
15-28 become vacant.
15-29 (a) At the general election held in November of 2000, the
15-30 chairperson and commissioners from all commissioner
15-31 districts shall be elected. The chairperson and
15-32 commissioners from Commissioner Districts One and Two
15-33 elected in 2000 shall take office on the first day of
15-34 January in the year following their election and shall
15-35 serve terms of four years and until their successors are
15-36 duly elected and qualified. The commissioners from
15-37 Commissioner Districts Three and Four elected in 2000
15-38 shall take office on the first day of January in the year
15-39 following their election and shall serve initial terms of
15-40 two years until their successors are duly elected and
15-41 qualified. Those and all future successors to the
-15-
16- 1 chairperson and commissioners from commissioner districts
16- 2 whose terms of office are to expire shall be elected at
16- 3 the general state-wide election immediately preceding the
16- 4 expiration of such terms, shall take office on the first
16- 5 day of January in the year following that election, and
16- 6 shall serve for terms of office of four years until their
16- 7 successors are duly elected and qualified.
16- 8 (b) The chairperson and all members of the board who are
16- 9 elected thereto shall be nominated and elected in
16-10 accordance with Chapter 2 of Title 21 of the O.C.G.A., the
16-11 'Georgia Election Code.'
16-12 (a) In the event of a vacancy occurring in the membership
16-13 of the board on or after the date the first members of the
16-14 board take office, whether the vacancy is in the office of
16-15 chairperson or any other member, for any reason other than
16-16 expiration of term, that vacancy shall be filled as
16-17 provided in this section.
16-18 (b) In the event a vacancy occurs on the board of
16-19 commissioners when at least 180 days remain in the
16-20 unexpired term of office, the election superintendent of
16-21 Jackson County, within 15 days after the vacancy occurs,
16-22 shall issue the call for a special election to fill the
16-23 vacancy for the remainder of the unexpired term. Such
16-24 special election shall be called and conducted as provided
16-25 in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia
16-26 Election Code,' as now or hereafter amended. Any person
16-27 elected in a special election to fill such a vacancy shall
16-28 take office immediately upon certification of the results
16-29 of such special election and qualification. If such
16-30 vacancy is in the office of chairperson of the board of
16-31 commissioners, the vice chairperson of the board shall
16-32 exercise the powers and duties of the chairperson for the
16-33 period beginning on the date the vacancy occurs and ending
16-34 on the date the successor chairperson takes office for the
16-35 remainder of the unexpired term following the special
16-36 election provided for in this subsection.
16-37 (c) In the event a vacancy occurs on the board of
16-38 commissioners when less than 180 days remain in the
16-39 unexpired term of office, the remaining members of the
16-40 board of commissioners shall appoint a qualified person to
16-41 fill the vacancy for the remainder of the unexpired term.
16-42 Any person appointed by the board to fill a vacancy as
-16-
17- 1 provided in this subsection shall possess the residency
17- 2 and other qualifications required for the office and shall
17- 3 take office immediately upon appointment and
17- 4 qualification. If such vacancy is in the office of
17- 5 chairperson of the board of commissioners, the vice
17- 6 chairperson of the board shall exercise the powers and
17- 7 duties of the chairperson for the period beginning on the
17- 8 date the vacancy occurs and ending on the date the
17- 9 successor chairperson takes office for the remainder of
17-10 the unexpired term following his or her appointment as
17-11 provided for in this subsection.
17-12 (d) A vice chairperson serving as chairperson shall not be
17-13 authorized to vote as a member of the board of
17-14 commissioners during such service unless the vice
17-15 chairperson's vote would affect the outcome of any vote or
17-16 issue before the board.
17-17 Before entering upon the discharge of their duties, the
17-18 chairperson and commissioners shall subscribe an oath
17-19 before the judge of the probate court of said county for
17-20 the true and faithful performance of their duties and that
17-21 they are not the holders of any public funds unaccounted
17-22 for. In addition, the chairperson and each commissioner
17-23 shall further give a satisfactory surety bond to the judge
17-24 of the probate court of the county and payable to the
17-25 judge of the probate court or that judge's successor in
17-26 office and filed in the office of the judge of the probate
17-27 court, in the sum of $10,000.00, conditioned upon the
17-28 faithful performance of the duties of the office. The
17-29 costs of said bonds shall be paid out of the county
17-30 treasury.
17-31 (a) Commissioners, other than the chairperson, shall serve
17-32 on a part-time basis and be paid a salary of $10,000.00
17-33 per annum. Such compensation shall be paid in equal
17-34 monthly installments from the funds of Jackson County.
17-35 Each such commissioner shall also receive reimbursement
17-36 for actual and necessary expenses incurred for travel in
17-37 the performance of his or her duties which have been
17-38 approved in advance, in writing, by the chairperson, upon
17-39 presentation of a signed voucher setting forth the
17-40 expenses incurred in such travel.
-17-
18- 1 (b) The chairperson shall serve in such capacity on a
18- 2 part-time basis and shall be paid a salary of $15,000.00
18- 3 per annum. Such compensation shall be paid in equal
18- 4 monthly installments from the funds of Jackson County. The
18- 5 chairperson shall also receive reimbursement for actual
18- 6 and necessary expenses incurred for travel in the
18- 7 performance of his or her duties.
18- 8 At the first regular meeting of each year, the board of
18- 9 commissioners shall elect from its members a vice
18-10 chairperson. In the event of death, disqualification, or
18-11 resignation of the chairperson, the vice chairperson shall
18-12 perform the duties and exercise the authority of the
18-13 chairperson until a new chairperson is chosen as provided
18-14 in this Act. The vice chairperson shall preside at
18-15 meetings of the board of commissioners in the absence of
18-16 the chairperson and shall serve for the calendar year in
18-17 which elected. In the event of a vacancy in the office of
18-18 vice chairperson, the board of commissioners shall elect a
18-19 new vice chairperson to serve for the remainder of the
18-20 calendar year.
18-21 The board of commissioners shall hold one regular meeting
18-22 each month at the county seat, which meeting shall be open
18-23 to the public. The time, date, and place of the meetings
18-24 shall be determined by the board in the first meeting of
18-25 the year. Any resolution passed by the board regarding the
18-26 date, time, and place of its monthly meetings shall be
18-27 published in the official county organ once a week for two
18-28 weeks during a period of 30 days immediately following the
18-29 passage of the resolution. The board of commissioners may
18-30 hold such additional meetings as shall be necessary when
18-31 called by the chairperson or any three commissioners,
18-32 provided all members of the board of commissioners shall
18-33 have been notified of such special meeting which is open
18-34 to the public. Any three commissioners or the chairperson
18-35 and any two commissioners shall constitute a quorum. No
18-36 official action shall be taken except upon the affirmative
18-37 vote of at least three members of the board of
18-38 commissioners and except upon compliance with Chapter 14
18-39 of Title 50 of the O.C.G.A., relating to open meetings.
18-40 The chairperson shall be entitled to vote on a question
18-41 only if the chairperson's vote would affect the outcome of
18-42 any vote or issue before the board. All regular and called
-18-
19- 1 meetings shall be conducted according to Robert's Rules of
19- 2 Order.
19- 3 The chairperson shall preside over the meetings of the
19- 4 board of commissioners. The duties of the chairperson
19- 5 shall include, but shall not be limited to, the following:
19- 6 (1) Calling meetings of the board as provided in Section
19- 7 9 of this Act;
19- 8 (2) Presiding at meetings of the board;
19- 9 (3) Representing the county government at ceremonial
19-10 functions;
19-11 (4) Being empowered to submit motions to the board of
19-12 commissioners for action;
19-13 (5) Appointing members and chairpersons to all
19-14 committees of the board with the approval of the board;
19-15 and
19-16 (6) Performing such other duties as shall be delegated
19-17 to the chairperson by the board of commissioners or as
19-18 provided by law or ordinance.
19-19 The board of commissioners shall have the power and
19-20 authority to fix and establish, by appropriate resolution
19-21 entered on its minutes, policies, rules, and regulations
19-22 governing all matters reserved to its exclusive
19-23 jurisdiction. Such policies, rules, and regulations, when
19-24 so adopted with proper entry thereof made on the minutes
19-25 of the board of commissioners, shall be conclusive and
19-26 binding. The board of commissioners shall exercise only
19-27 those administrative powers which are necessarily and
19-28 properly incident to its functions as a policy-making or
19-29 rule-making body or which are necessary to compel
19-30 enforcement of its adopted resolutions. The following
19-31 powers are vested in the board of commissioners and
19-32 reserved to its exclusive jurisdiction:
19-33 (1) To levy taxes;
19-34 (2) To make appropriations;
19-35 (3) To fix rates and charges for services provided by
19-36 the county;
19-37 (4) To authorize the incurring of indebtedness;
-19-
20- 1 (5) To order work done where the cost is to be assessed
20- 2 against benefited property and to fix the basis for such
20- 3 assessment;
20- 4 (6) To authorize and provide for the execution of
20- 5 contracts;
20- 6 (7) To establish, alter, open, close, build, repair, or
20- 7 abolish public roads, bridges, and ferries, according to
20- 8 law; provided, however, that the chairperson shall have
20- 9 the authority to accept subdivision plats when the
20-10 requirements established by the board of commissioners
20-11 for subdivisions have been met;
20-12 (8) To accept, for the county, the provisions of any
20-13 optional statute where the statute permits its
20-14 acceptance by the governing authority of the county;
20-15 (9) To exercise all powers, duties, and authority in
20-16 respect to zoning and planning;
20-17 (10) To create and change the boundaries of special
20-18 taxing districts authorized by law;
20-19 (11) To fix the bonds of county officers where same are
20-20 not fixed by statute;
20-21 (12) To enact any ordinances or other legislation which
20-22 the county may be given authority to enact;
20-23 (13) To determine the priority of capital improvements;
20-24 (14) To call elections for the voting of bonds;
20-25 (15) Except as otherwise provided in this Act, to
20-26 exercise all of the power and authority which may be
20-27 delegated by law to the governing authority of the
20-28 county, by whatever name designated; and
20-29 (16) To appoint retained legal counsel and an
20-30 independent county auditor and provide for their
20-31 compensation.
20-32 Formal sealed bids shall be received for all purchases in
20-33 amounts over $1,000.00. Advertisements for such bids
20-34 shall be published for two consecutive weeks in the
20-35 official organ of Jackson County. The need for such bids
20-36 may be dispensed with by the board of commissioners if it
20-37 decides that an emergency exists which will not permit a
20-38 delay.
-20-
21- 1 The internal organization of the county government shall
21- 2 be established and altered by the board of commissioners.
21- 3 Existing departments may be abolished and their functions
21- 4 transferred to other departments, additional departments
21- 5 may be created, and any two or more departments may be
21- 6 consolidated.
21- 7 The board of commissioners shall employ a county manager
21- 8 having at least a bachelor's degree in public
21- 9 administration or a related field or at least five years'
21-10 experience as a county manager or city manager. The
21-11 county manager shall serve at the pleasure of the board of
21-12 commissioners, shall receive such salary as determined by
21-13 the board of commissioners, shall not be an elected
21-14 official of any county or municipality, and shall have the
21-15 following duties, powers, and authority:
21-16 (1) To supervise the administration of the affairs of
21-17 the county and to see that the ordinances, resolutions,
21-18 and regulations of the board of commissioners and the
21-19 laws of the state are faithfully executed and enforced;
21-20 (2) To employ and remove all department heads of the
21-21 county under the jurisdiction of the board of
21-22 commissioners and staff employees of the county manager,
21-23 pursuant to policies established by the board, except
21-24 for the county attorney, county auditor, and members of
21-25 all the boards, commissions, and authorities who shall
21-26 be appointed and removed by the board of commissioners
21-27 pursuant to law or county ordinance;
21-28 (3) To exercise managerial authority and supervision
21-29 over the county manager's staff and all department heads
21-30 under the jurisdiction of the board of commissioners;
21-31 (4) To require reports from heads of departments and
21-32 other employees entrusted with administrative duties or
21-33 exercising discretion. The county manager shall have at
21-34 all times the authority to examine all books and records
21-35 of every officer and department of the county under the
21-36 jurisdiction of the board of commissioners;
21-37 (5) To attend all meetings of the board of commissioners
21-38 with a right to take part in the discussions but having
21-39 no vote and to prepare an agenda of both new and
21-40 unresolved business for each meeting;
-21-
22- 1 (6) To recommend to the board of commissioners for
22- 2 adoption such measures as the county manager may deem
22- 3 necessary or expedient;
22- 4 (7) To supervise the performance of all contracts made
22- 5 by any person, company, or corporation with the county
22- 6 for work done for the board of commissioners;
22- 7 (8) To submit to the board of commissioners for
22- 8 approval, prior to July 31 of each year, a proposed
22- 9 operating budget for the next fiscal year showing budget
22-10 revenues and expenditures during the preceding fiscal
22-11 year; appropriations and estimated revenue and
22-12 recommended expenditures for the next fiscal year;
22-13 recommended salaries; proposed capital expenditures;
22-14 recommended tax levies; and such other information and
22-15 data as may be considered necessary by the board of
22-16 commissioners;
22-17 (9) To keep the board of commissioners fully advised as
22-18 to the financial condition and needs of the county;
22-19 (10) To make or cause to be made a full written report
22-20 to the board of commissioners each month showing the
22-21 operations and expenditures of each department of the
22-22 county government for the preceding month;
22-23 (11) To serve as or designate a personnel director in
22-24 the supervision and administration of the county's
22-25 personnel system for county employees;
22-26 (12) To delegate purely administrative duties to
22-27 department heads or subordinates in the county
22-28 government whose work the county manager shall supervise
22-29 and direct; provided, however, that the delegation or
22-30 assignment of duties to subordinates shall not relieve
22-31 the county manager from responsibility for
22-32 administration of county affairs;
22-33 (13) To act as the clerk of the Board of Commissioners
22-34 of Jackson County with the authority to delegate the
22-35 administrative duties of such position;
22-36 (14) To perform such other duties as may be prescribed
22-37 by this Act or as may, from time to time, be required by
22-38 the board of commissioners; and
22-39 (15) To cooperate with elected and appointed county
22-40 officers in management of the county's affairs.
-22-
23- 1 The clerk of the board of commissioners shall keep a
23- 2 proper and accurate book of minutes. The book of minutes
23- 3 of the board of commissioners shall contain all the acts,
23- 4 orders, and proceedings of the board of commissioners in
23- 5 chronological order. The minutes book of the board of
23- 6 commissioners shall be open to the public for inspection
23- 7 at all times during regular office hours; and certified
23- 8 copies of any entries in the minutes book shall be
23- 9 furnished by the clerk to any person requesting same upon
23-10 payment of a reasonable fee, to be paid into the county
23-11 treasury as are other funds, to be assessed by the board
23-12 of commissioners in an amount sufficient to defray the
23-13 cost of preparing same.
23-14 (a) The county will comply with Chapter 81 of Title 36 of
23-15 the O.C.G.A., relating to local government budgets and
23-16 audits, as well as the following provisions of this
23-17 section.
23-18 (b) At the time the proposed budget is submitted to the
23-19 board, the county manager shall cause to be published in
23-20 the official organ of Jackson County a copy of the
23-21 proposed budget along with the public notices required by
23-22 subsection (e) of Code Section 36-81-5 of the O.C.G.A. It
23-23 shall be the duty of the board to hold a meeting at the
23-24 time and place specified in the notice for the purpose of
23-25 conducting such public hearing. The board shall review
23-26 the proposed budget at such public hearing and may adopt
23-27 the same as submitted by the county manager or make such
23-28 amendments thereto as the board may deem necessary to
23-29 maintain the county in sound financial condition. The
23-30 board may continue the hearing on the proposed budget from
23-31 time to time, but the time of and the place where the
23-32 hearing is continued shall be publicly announced at the
23-33 previous hearing. The board shall adopt the proposed
23-34 budget as submitted or as amended by the board as the
23-35 budget for the county for the following fiscal year prior
23-36 to the beginning of the new fiscal year to which it
23-37 applies.
23-38 (c) The final budget adopted by the board shall constitute
23-39 the board's appropriations of all funds for the fiscal
23-40 year covered by the budget. The budget may be amended
23-41 during the fiscal year which it covers upon the board's
-23-
24- 1 taking formal action for such purpose at a regular meeting
24- 2 of the board. Prior to taking such action, the board
24- 3 shall cause to be published in the official organ of
24- 4 Jackson County a notice setting forth the proposed changes
24- 5 in the budget and a summary of the reasons therefor. Said
24- 6 notice shall also state the time and place of the regular
24- 7 meeting of the board at which action to amend the budget
24- 8 is to be taken. Said notice shall be published at least
24- 9 ten days prior to the date of the meeting. No increase in
24-10 appropriations shall be made without provision also being
24-11 made to finance such increase.
24-12 (d) A copy of the final budget adopted by the board and
24-13 any amendment to or revision of the budget shall be
24-14 transmitted by the county manager to the grand jury of the
24-15 Superior Court of Jackson County then in session.
24-16 No expenditures of county funds shall be made except in
24-17 accordance with the county budget, or amendments thereto,
24-18 adopted by the board of commissioners. The county manager
24-19 shall enforce compliance with this provision by all
24-20 departments of county government and to this end shall
24-21 institute a system of allotments of all moneys
24-22 appropriated and budgeted.
24-23 The board of commissioners shall on or before the final
24-24 day of the month following the end of each fiscal year
24-25 employ a certified public accountant for the making of an
24-26 annual continuous audit of county finances and financial
24-27 records. The accountant so employed shall be paid out of
24-28 county funds and shall perform a complete audit of the
24-29 financial records of the county for the preceding year,
24-30 pointing out any irregularities found to exist, and
24-31 reporting the results of such audit to the board of
24-32 commissioners. Each annual report submitted to the board
24-33 of commissioners shall be made available for public
24-34 inspection as are other records in such office. The board
24-35 of commissioners shall cause to be published in the
24-36 official organ of Jackson County and posted at the
24-37 courthouse door a statement of the financial condition of
24-38 the county as of December 31 and June 30 of each year.
24-39 Said accountant shall transmit to the grand jury of the
24-40 Superior Court of Jackson County a copy of each annual
-24-
25- 1 report furnished by said accountant to the board of
25- 2 commissioners."
25- 3 SECTION 2.
25- 4 An Act creating the office of tax commissioner of Jackson
25- 5 County, placing the clerk of the superior court, the
25- 6 sheriff, the judge of the probate court, and the tax
25- 7 commissioner on a salary basis of compensation and providing
25- 8 for the compensation of the chairperson and members of the
25- 9 Board of Commissioners of Jackson County, approved March 21,
25-10 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an
25-11 Act approved March 27, 1985 (Ga. L. 1985, p. 4200), is
25-12 amended by striking Section 14 in its entirety and inserting
25-13 in lieu thereof a new Section 14 to read as follows:
25-14 Reserved."
25-15 SECTION 3.
25-16 It shall be the duty of the governing authority of Jackson
25-17 County to require the attorney therefor to submit this Act,
25-18 pursuant to Section 5 of the federal Voting Rights Act of
25-19 1965, as amended, to the United States Attorney General for
25-20 approval.
25-21 SECTION 4.
25-22 Unless prohibited by the federal Voting Rights Act of 1965,
25-23 as amended, the election superintendent of Jackson County
25-24 shall call and conduct an election as provided in this
25-25 section for the purpose of submitting this Act to the
25-26 electors of Jackson County for approval or rejection. The
25-27 election superintendent shall conduct this election on the
25-28 date provided by law for the conduct of special election in
25-29 November, 1999. The election superintendent shall issue the
25-30 call and conduct that election as provided by general law.
25-31 The superintendent shall cause the date and purpose of the
25-32 election to be published once a week for two weeks
25-33 immediately preceding the date thereof in the official organ
25-34 of Jackson County. The ballot shall have written or printed
25-35 thereon the words:
25-36 "Question No. 1
25-37 ( ) YES Shall the governing authority of Jackson
25-38 County be changed to a five-member board of
25-39 ( ) NO commissioners to be composed of a chairperson
25-40 and four additional district commissioners,
-25-
26- 1 with compensation for each and a county
26- 2 manager to be employed by the board of
26- 3 commissioners?
26- 4 Question No. 2
26- 5 If a majority of votes cast on Question No. 1 are in favor
26- 6 of changing the governing authority of Jackson County to a
26- 7 five-member board of commissioners, select the type of board
26- 8 which you favor by placing a check (/) mark or (X) in the
26- 9 appropriate space below. Vote for only one of the options
26-10 below:
26-11 ________ A board of commissioners to be composed of a
26-12 chairperson to be elected at large and four
26-13 additional commissioners residing in specified
26-14 commissioner districts but elected at large,
26-15 whereby any qualified elector of the county
26-16 may vote for 100 percent of the membership of
26-17 the board of commissioners; or
26-18 ________ A board of commissioners to be composed of a
26-19 chairperson to be elected at large and four
26-20 additional commissioners residing in specified
26-21 commissioner districts and elected from such
26-22 districts, whereby any qualified elector of
26-23 the county may vote for 40 percent of the
26-24 membership of the board of commissioners."
26-25 No voter shall vote for more than one of the options in
26-26 Question No. 2. All persons desiring to vote for approval of
26-27 changing the governing authority of Jackson County to a
26-28 five-member board of commissioners shall vote "Yes" on
26-29 Question No. 1 and those persons desiring to vote against
26-30 changing the governing authority of Jackson County to a
26-31 five-member board of commissioners shall vote "No" on
26-32 Question No. 1. If more than one-half of the votes cast on
26-33 Question No. 1 are for approval of changing the governing
26-34 authority of Jackson County to a five-member board of
26-35 commissioners, then either Section 1A or Section 1B and
26-36 Section 2 of this Act shall become effective as provided in
26-37 this section. If more than one-half of the votes cast on
26-38 Question No. 1 are against changing the governing authority
26-39 of Jackson County to a five-member board of commissioners or
26-40 if the election is not conducted as provided in this
-26-
27- 1 section, then neither Section 1A nor Section 1B nor Section
27- 2 2 of this Act shall become effective and this Act shall be
27- 3 automatically repealed on the first day of January following
27- 4 that election date.
27- 5 If more than one-half of the votes cast on Question No. 1
27- 6 are for approval of changing the governing authority of
27- 7 Jackson County to a five-member board of commissioners and
27- 8 more than one-half of the votes cast on Question No. 2 are
27- 9 cast in favor of Option 1 or if there is a tie vote between
27-10 Option 1 and Option 2, then Section 1A of this Act shall
27-11 become effective on January 1, 2000, for the sole purpose of
27-12 conducting the elections required by said section and for
27-13 all purposes on January 1, 2001, Section 2 of this Act shall
27-14 become effective on January 1, 2001, and Section 1B of this
27-15 Act shall be automatically repealed on January 1, 2000. If
27-16 more than one-half of the votes cast on Question No. 1 are
27-17 for approval of changing the governing authority of Jackson
27-18 County to a five-member board of commissioners and more than
27-19 one-half of the votes cast on Question No. 2 are cast in
27-20 favor of Option 2, then Section 1B of this Act shall become
27-21 effective on January 1, 2000, for the sole purpose of
27-22 conducting the elections required by said section and for
27-23 all purposes on January 1, 2001, Section 2 of this Act shall
27-24 become effective on January 1, 2001, and Section 1A of this
27-25 Act shall be automatically repealed on January 1, 2000.
27-26 The expense of such election shall be borne by Jackson
27-27 County. It shall be the election superintendent's duty to
27-28 certify the result thereof to the Secretary of State.
27-29 SECTION 5.
27-30 Except as otherwise provided in Section 4 of this Act, this
27-31 Act shall become effective upon its approval by the Governor
27-32 or upon its becoming law without such approval.
27-33 SECTION 6.
27-34 All laws and parts of laws in conflict with this Act are
27-35 repealed.
-27-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/16/99
