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HB 780 - Richmond County; board of education and superintendent

Allen, Ben (117th)	Anderson, Alberta J (116th)	Howard, Henry L (118th)
DeLoach, George L (119th)	Connell, Jack (115th)	Williams, Robin L (114th)

Status Summary	HC:	LLeg	SC:	SLGO	FR:	02/24/99	LA:	04/16/99	Signed by Governor

First Reader Summary

A BILL to amend an Act regulating public instruction for the County of Richmond, so as to change the provisions for removing the superintendent of schools from office; to change the maximum term of the superintendent's contract and to change the qualifications for such office; and for other purposes.

HB 780                                              HB 780/AP 
 
      H. B. No. 780 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Allen of the 117th, Anderson of the 
      116th, Howard of the 118th, DeLoach of the 119th, Connell 
      of the 115th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend an Act regulating public instruction for the County 
  1- 2  of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), 
  1- 3  as amended, particularly by an Act approved February 25, 
  1- 4  1949 (Ga. L. 1949, p. 1435), an Act approved March 21, 1974 
  1- 5  (Ga. L. 1974, p. 2545), an Act approved April 11, 1979 (Ga. 
  1- 6  L. 1979, p. 3990), an Act approved April 6, 1981 (Ga. L. 
  1- 7  1981, p. 3677), an Act approved March 29, 1984 (Ga. L. 1984, 
  1- 8  p. 5119), an Act approved March 31, 1987 (Ga. L. 1987, p. 
  1- 9  5101), an Act approved March 22, 1989 (Ga. L. 1989, p. 
  1-10  4180), an Act approved April 13, 1992 (Ga. L. 1992, p. 
  1-11  6224), an Act approved April 17, 1992 (Ga. L. 1992, p. 
  1-12  6346), an Act approved April 17, 1992 (Ga. L. 1992, p. 
  1-13  6349), and an Act approved April 13, 1994 (Ga. L. 1994, p. 
  1-14  5086), so as to change the provisions for removing the 
  1-15  superintendent of schools from office; to change the maximum 
  1-16  term of the superintendent's contract and to change the 
  1-17  qualifications for such office; to change the compensation 
  1-18  of board members; to provide for alternative meeting dates 
  1-19  of regularly scheduled meetings; to modify the fines to be 
  1-20  levied upon failure of witnesses to respond properly to 
  1-21  subpoenas issued by the board or its officers; to provide an 
  1-22  effective date; to repeal conflicting laws; and for other 
  1-23  purposes. 
 
  1-24       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-25                           SECTION 1. 
 
  1-26  An Act regulating public instruction for the County of 
  1-27  Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as 
  1-28  amended, particularly by an Act approved February 25, 1949 
  1-29  (Ga. L. 1949, p. 1435), an Act approved March 21, 1974 (Ga. 
  1-30  L. 1974, p. 2545), an Act approved April 11, 1979 (Ga. L. 
  1-31  1979, p. 3990), an Act approved April 6, 1981 (Ga. L. 1981, 
  1-32  p. 3677), an Act approved March 29, 1984 (Ga. L. 1984, p. 
  1-33  5119), an Act approved March 31, 1987 (Ga. L. 1987, p. 
  1-34  5101), an Act approved March 22, 1989 (Ga. L. 1989, p. 
  1-35  4180), an Act approved April 13, 1992 (Ga. L. 1992, p. 
 
 
 
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  2- 1  6224), an Act approved April 17, 1992 (Ga. L. 1992, p. 
  2- 2  6346), an Act approved April 17, 1992 (Ga. L. 1992, p. 
  2- 3  6349), and an Act approved April 13, 1994 (Ga. L. 1994, p. 
  2- 4  5086), is amended by striking Section 3 in its entirety and 
  2- 5  inserting in lieu thereof a new section to read as follows: 
 
 
  2- 6         Board of education organization and procedure. 
 
  2- 7    The board of education shall hold an organizational 
  2- 8    meeting on the Saturday preceding the second Thursday in 
  2- 9    January, 1993, and every two years thereafter, at 10:00 
  2-10    A.M., in the office of the board of education.  The board 
  2-11    shall then proceed to organize by electing one of its 
  2-12    members president and one vice president for the term of 
  2-13    two years from the Saturday preceding the second Thursday 
  2-14    in January, 1993, and until their successors are duly 
  2-15    elected and qualified.  The president and vice president 
  2-16    may be elected to succeed themselves in office.  The 
  2-17    superintendent of schools shall be secretary of the board. 
  2-18    All conveyances and contracts shall be executed on behalf 
  2-19    of the board by the president or vice president and the 
  2-20    secretary. 
 
  2-21    The board of education shall hold regular meetings, not 
  2-22    less frequently than once each month, the day and hour of 
  2-23    which shall be fixed for the ensuing two years at its 
  2-24    organizational meeting, and such regular meetings shall be 
  2-25    held on the dates and hours as provided in the minutes of 
  2-26    the meeting of the board held on the second Saturday of 
  2-27    January, 1993, until its next organizational meeting; 
  2-28    provided, however, that the board may adjust or change the 
  2-29    date or time set for a particular regular meeting upon 
  2-30    giving proper notice to the public and news media as 
  2-31    required by this Act and applicable open meeting laws. 
  2-32    Special meetings may be called by the president, by the 
  2-33    vice president in the event of the president's absence 
  2-34    from the county or due to the incapacity of the president, 
  2-35    by the superintendent of schools, or by a majority of the 
  2-36    members; provided a written notice of the time and place 
  2-37    of such meeting and of the subject or subjects to be 
  2-38    considered thereat shall be dispatched by mail to each 
  2-39    member of the board at least three days prior to the date 
  2-40    of such meeting. At such special meeting, only the subject 
  2-41    or subjects referred to in such notice shall be acted 
  2-42    upon.  A majority of the members shall constitute a quorum 
  2-43    for the transaction of business.  The minutes of each 
 
 
 
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  3- 1    meeting shall be recorded by the secretary in a book 
  3- 2    provided for that purpose which shall be a public record 
  3- 3    and open to inspection in his or her office during regular 
  3- 4    business hours.  In the absence of the secretary, the next 
  3- 5    highest ranked administrator employed by the board of 
  3- 6    education shall be designated to act in his or her behalf 
  3- 7    as secretary for the board until his or her return. 
 
  3- 8    In accordance with the laws governing the Richmond County 
  3- 9    education system prior to the passage and approval of this 
  3-10    Act, the present president and vice president shall 
  3-11    continue to hold office until the next organizational 
  3-12    meeting and until their successors are qualified and 
  3-13    elected." 
 
  3-14                           SECTION 2. 
 
  3-15  Said Act is further amended by striking subsection (p) of 
  3-16  Section 5 in its entirety and inserting in lieu thereof a 
  3-17  new paragraph to read as follows: 
 
  3-18    "(p) To investigate the conduct of the superintendent of 
  3-19    schools or of any principal, teacher, or other employee of 
  3-20    the board or any situation affecting the successful 
  3-21    operation of the school system and in the conduct of such 
  3-22    investigation and in the hearings provided in Sections 6 
  3-23    and 11 of this Act, the president and vice president of 
  3-24    the board shall have the power to administer oaths and to 
  3-25    compel the attendance of witnesses and the production of 
  3-26    books and papers by subpoena, and any person willfully 
  3-27    failing to obey such subpoena shall be guilty of a 
  3-28    misdemeanor, and upon conviction shall be punishable by a 
  3-29    fine of not more than $500.00, or by imprisonment for not 
  3-30    more than 30 days, or both." 
 
  3-31                           SECTION 3. 
 
  3-32  Said Act is further amended by striking subsections (a), 
  3-33  (a.1), (a.2), and (b) of Section 6 in their entirety and 
  3-34  inserting in lieu thereof new subsections (a), (a.1), and 
  3-35  (b) to read as follows: 
 
  3-36    "(a) The superintendent of schools shall be appointed by 
  3-37    the board of education for no more than a three-year term, 
  3-38    which shall expire on June 30 of the last year of the 
  3-39    employment contract.  The term of that superintendent of 
  3-40    schools in office on January 1, 1999, shall expire June 
  3-41    30, 2002.  Nothing herein shall prohibit the board from 
  3-42    granting a shorter term than three years or from granting 
 
 
 
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  4- 1    one year contract extensions to the superintendent, so 
  4- 2    long as such extensions do not extend beyond the maximum 
  4- 3    three-year contract period. 
 
  4- 4    (a.1) The superintendent of schools may be removed by the 
  4- 5    board of education during the term of office, provided 
  4- 6    that the superintendent shall first be served with a clear 
  4- 7    statement in writing of the cause of that removal and be 
  4- 8    given an opportunity to be heard thereon at a public 
  4- 9    meeting of said board to be held not less than ten nor 
  4-10    more than 20 days after the service of such statement. 
  4-11    The superintendent shall be entitled to be represented by 
  4-12    counsel at such hearing, and, upon the superintendent's 
  4-13    request, witnesses whose testimony is pertinent to the 
  4-14    charges against the superintendent shall be subpoenaed by 
  4-15    the president or vice president of the board.  After such 
  4-16    hearing, the board's decision, upon a vote of two-thirds 
  4-17    of the members of the board to remove the superintendent, 
  4-18    shall be final except that in the event of physical or 
  4-19    mental incapacity of the superintendent of schools, then a 
  4-20    majority shall be authorized to act.  If the two-thirds 
  4-21    requirement results in a fractional vote, the required 
  4-22    vote shall be rounded to the next highest number. If the 
  4-23    superintendent requests, the hearing and all deliberations 
  4-24    shall be held in private. 
 
  4-25    (b) The superintendent of schools shall hold a five-year 
  4-26    Professional Administrator's Certificate and a graduate 
  4-27    degree from an institution approved by a regional 
  4-28    accrediting agency.  In addition, he or she must hold a 
  4-29    six-year Professional Administrator's Certificate.  He or 
  4-30    she shall have had at least five years experience in the 
  4-31    field of educational administration.  He or she need not, 
  4-32    at the time of his or her appointment, be a resident of 
  4-33    Richmond County or the State of Georgia, but during his or 
  4-34    her service as superintendent, he or she shall reside in 
  4-35    Richmond County.  The Office of Commissioner of Education 
  4-36    is hereby abolished." 
 
  4-37                           SECTION 4. 
 
  4-38  Said Act is further amended by striking Section 9 and 
  4-39  inserting in lieu thereof a new section to read as follows: 
 
 
  4-40              Compensation of board of education. 
 
  4-41    Each member of the board except the president and vice 
  4-42    president shall be paid the sum of $6,800.00, per annum, 
 
 
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  5- 1    payable in equal monthly installments; the vice president 
  5- 2    of said board shall be paid the sum of $7,400.00, per 
  5- 3    annum, payable in equal monthly installments; and the 
  5- 4    president of said board shall be paid in the sum of 
  5- 5    $8,000.00, per annum, payable in equal monthly 
  5- 6    installments." 
 
  5- 7                           SECTION 5. 
 
  5- 8  This Act shall become effective upon its approval by the 
  5- 9  Governor or upon its becoming law without such approval, 
  5-10  except that Section 4 of this Act shall become effective 
  5-11  January 1, 2000. 
 
  5-12                           SECTION 6. 
 
  5-13  All laws and parts of laws in conflict with this Act are 
  5-14  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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