| HB 889 - Upson County; board of comm; county manager and clerk |
First Reader Summary
A BILL to amend an Act creating the Board of Commissioners of
Roads and Revenues for Upson County, so as to provide for matters
under the exclusive jurisdiction and control of the board of
commissioners; to provide for the appointment of a county manager
and county clerk; and for other purposes.
| House |
Action |
Senate |
| 3/4/99 |
Read 1st Time |
3/10/99 |
| 3/8/99 |
Read 2nd Time |
|
| 3/9/99 |
Favorably Reported |
3/16/99 |
| 3/9/99 |
Read 3rd Time |
|
| 3/9/99 |
Passed/Adopted |
3/16/99 |
| 3/31/99 |
Sent to Governor |
|
| 4/16/99 |
Signed by Governor |
|
| 189 |
Act/Veto Number |
|
| 4/16/99 |
Effective Date |
|
HB 889 LC 22 3566
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act creating the Board of Commissioners of Roads
1- 2 and Revenues for Upson County, approved February 1, 1877
1- 3 (Ga. L. 1877, p. 3729), as amended, particularly by an Act
1- 4 approved March 27, 1995 (Ga. L. 1995, p. 3726), so as to
1- 5 provide for matters under the exclusive jurisdiction and
1- 6 control of the board of commissioners; to provide for the
1- 7 appointment of a county manager and county clerk; to provide
1- 8 for the duties and compensation for a county manager and
1- 9 county clerk; to provide for related matters; to repeal
1-10 conflicting laws; and for other purposes.
1-11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-12 SECTION 1.
1-13 An Act creating the Board of Commissioners of Roads and
1-14 Revenues for Upson County, approved February 1, 1877 (Ga. L.
1-15 1877, p. 3729), as amended, particularly by an Act approved
1-16 March 27, 1995 (Ga. L. 1995, p. 3726), is amended by
1-17 striking in its entirety Section 5 and inserting a new
1-18 Section 5 to read as follows:
1-19 The commissioners shall have exclusive jurisdiction and
1-20 control over the following matters: in directing and
1-21 controlling all of the property of the county in the
1-22 manner provided by law; in levying taxes according to law;
1-23 in establishing, abolishing, or changing election
1-24 precincts or militia districts; in allowing the insolvent
1-25 list of the county; in settling all claims and accounts of
1-26 officers having the care, management, or disbursement of
1-27 funds belonging to, or appropriated for the use and
1-28 benefit of, the county and in bringing them to settlement;
1-29 in providing for the poor of the county and for the
1-30 promotion of health as provided by law; and in exercising
1-31 such other powers as are granted by law or as may be
1-32 indispensable or incidental to their jurisdiction over
1-33 county matters or county finances which are not otherwise
-1-
2- 1 vested in the county manager pursuant to Section 6 of this
2- 2 Act."
2- 3 SECTION 2.
2- 4 Said Act is further amended by adding a new section, to be
2- 5 designated Section 6, to read as follows:
2- 6 (a) There is created the position of county manager of
2- 7 Upson County. The county manager shall be the chief
2- 8 administrative officer and head of the administrative
2- 9 branch of county government. The county manager shall
2-10 serve at the pleasure of the board of commissioners. The
2-11 Board of Commissioners of Upson County shall select and
2-12 appoint a county manager, who shall receive such
2-13 compensation as may be prescribed by the board of
2-14 commissioners. The county manager must devote all of such
2-15 officer's working time and attention to the affairs of the
2-16 county and shall be responsible to the board of
2-17 commissioners for the efficient administration of all of
2-18 the affairs of the county over which such officer has
2-19 jurisdiction.
2-20 (b) No person shall be chosen as county manager before
2-21 such person shall have attained such person's thirtieth
2-22 birthday. Such person shall be of good character and of
2-23 proven executive ability and experience. The county
2-24 manager shall be chosen by the board of commissioners
2-25 solely on the basis of such person's executive and
2-26 administrative qualifications with special reference to
2-27 such person's actual experience in or such person's
2-28 knowledge of accepted practice with respect to the duties
2-29 of such person's office as provided for in this section.
2-30 At the time of such person's appointment such person need
2-31 not be a resident of the county or state but, during such
2-32 person's tenure of office, such person shall reside within
2-33 the county. No person elected to membership on the board
2-34 of commissioners shall, subsequent to such election, be
2-35 eligible for appointment as county manager until one year
2-36 has elapsed following the expiration of the commissioner
2-37 term for which such person was elected.
2-38 (c) The county manager shall be appointed for an
2-39 indefinite term and shall serve at the pleasure of the
2-40 board of commissioners. Any action of the board in
2-41 suspending or removing the county manager shall be final.
-2-
3- 1 (d) The board of commissioners may designate a person or
3- 2 persons to perform the functions and duties of the county
3- 3 manager during the absence, disability, or suspension of
3- 4 the county manager. Vacancies in the office of county
3- 5 manager shall be filled by the board of commissioners as
3- 6 early as practicable and, until such vacancy is filled,
3- 7 the board of commissioners shall have full power to make a
3- 8 temporary appointment or to perform the functions and
3- 9 duties of such office.
3-10 (e) The county manager shall have the following duties,
3-11 powers, and authority:
3-12 (1) To supervise the administration of the affairs of
3-13 the county and to see that the ordinances, resolutions,
3-14 and regulations of the board of commissioners and the
3-15 laws of the state are faithfully executed and enforced;
3-16 (2) To hire and remove all employees of the county under
3-17 the jurisdiction of the board of commissioners, except
3-18 the county attorney, county auditor, county clerk, and
3-19 members of the boards, commissions, and authorities, who
3-20 shall be removed by the board of commissioners;
3-21 (3) To exercise administrative authority and supervision
3-22 over all departments and personnel under the
3-23 jurisdiction of the board of commissioners;
3-24 (4) To require reports from heads of departments and
3-25 other employees entrusted with administrative duties or
3-26 exercising discretion. The county manager shall have at
3-27 all times the authority to examine all books and records
3-28 of every officer and department of the county under the
3-29 jurisdiction of the board of commissioners;
3-30 (5) To attend all meetings of the board of commissioners
3-31 with a right to take part in the discussions but having
3-32 no vote, and to attend such other meetings involving
3-33 county government as the board of commissioners may
3-34 direct;
3-35 (6) To recommend to the board of commissioners for
3-36 adoption such measures as the county manager may deem
3-37 necessary or expedient;
3-38 (7) To supervise the performance of all contracts made
3-39 by any person, company, or corporation for work done for
3-40 the board of commissioners;
-3-
4- 1 (8) To be the purchasing agent of materials and supplies
4- 2 for the county under such rules and regulations as may
4- 3 be imposed by the board of commissioners. The county
4- 4 manager may designate another person to be purchasing
4- 5 agent. If such purchasing agent is a person other than
4- 6 the county manager, that person, before entering upon
4- 7 the discharge of such person's duties, shall execute a
4- 8 bond with a solvent surety company licensed to do
4- 9 business in Upson County in an amount to be approved by
4-10 the board of commissioners but not less than $50,000.00,
4-11 payable to Upson County, conditioned for the faithful
4-12 performance of such person's duties and to secure
4-13 against corruption, malfeasance, misappropriation, or
4-14 unlawful expenditure. The premium on such bond shall
4-15 be paid for by Upson County;
4-16 (9)(A) To submit to the board of commissioners, no
4-17 later than the last day of the seventh month of each
4-18 fiscal year, a budget plan and calendar for developing
4-19 a proposed budget for the ensuing fiscal year, and to
4-20 formulate and submit to the board of commissioners, no
4-21 later than the last day of the tenth month of each
4-22 fiscal year, a proposed budget for the ensuing fiscal
4-23 year and an accompanying explanation.
4-24 (B) The county manager's explanation shall explain the
4-25 budget both in fiscal terms and in terms of the work
4-26 programs. It shall outline the proposed financial
4-27 policies of the county for the ensuing fiscal year,
4-28 describe the important features of the budget,
4-29 indicate any major changes from the current year in
4-30 financial policies, expenditures, and revenues,
4-31 together with the reasons for such changes, summarize
4-32 the county's debt position, and include such other
4-33 material as the county manager deems desirable.
4-34 (C) The proposed budget shall provide a complete
4-35 financial plan of all county funds and activities for
4-36 the ensuing fiscal year and, except as required by
4-37 law, shall be in such form as the county manager deems
4-38 desirable or the board of commissioners may require.
4-39 The proposed budget shall, at a minimum, include a
4-40 clear general summary of its contents and show in
4-41 detail all estimated income, indicating the proposed
4-42 property tax levy and all proposed expenditures,
4-43 including debt service, for the ensuing fiscal year.
4-44 It shall indicate in separate sections:
-4-
5- 1 (i) Proposed capital expenditures during the ensuing
5- 2 fiscal year, detailed for each fund by organization
5- 3 unit when practicable, and the proposed method of
5- 4 financing each such capital expenditure; and
5- 5 (ii) The anticipated income and expense and surplus
5- 6 or deficit for the ensuing year for each utility or
5- 7 other enterprise fund operated by the county.
5- 8 (D) The county manager shall consult with the heads of
5- 9 county departments, constitutional officers, and the
5-10 county planning commission and shall prepare and
5-11 submit to the board of commissioners a proposed
5-12 five-year capital program each year. It shall be
5-13 submitted to the board of commissioners by the county
5-14 manager simultaneously with submission of the proposed
5-15 budget for the ensuing fiscal year. The capital
5-16 program shall include:
5-17 (i) A clear general summary of its contents;
5-18 (ii) A list of all capital improvements and other
5-19 capital expenditures which are proposed to be
5-20 undertaken during the five fiscal years next
5-21 ensuing, with appropriate supporting information as
5-22 to the necessity for each;
5-23 (iii) Cost estimates and recommended time schedules
5-24 for each improvement or other capital expenditure;
5-25 (iv) The method of financing upon which each capital
5-26 expenditure is to be reliant; and
5-27 (v) The estimated annual cost of operating and
5-28 maintaining the facilities to be constructed or
5-29 acquired;
5-30 (10) To keep the board of commissioners fully advised at
5-31 all times as to the financial condition and needs of the
5-32 county;
5-33 (11) To make or cause to be made a full written report
5-34 to the board of commissioners each month showing the
5-35 operations and expenditures of each department of the
5-36 county government for the preceding month;
5-37 (12) To serve as personnel director in the supervision
5-38 and administration of the county's personnel system for
5-39 county employees;
-5-
6- 1 (13) To delegate purely administrative duties to
6- 2 subordinates in the county government whose work the
6- 3 county manager shall supervise and direct; provided,
6- 4 however, that the delegation or assignment of duties to
6- 5 subordinates shall not relieve the county manager of
6- 6 responsibility for administration of county affairs;
6- 7 (14) To develop or supervise the development of
6- 8 applications for and administer grants such as the
6- 9 Community Development Block Grant, and grants from the
6-10 Georgia Department of Community Affairs, the
6-11 Environmental Protection Agency, the Georgia Department
6-12 of Transportation, and any other state or federal
6-13 granting agencies;
6-14 (15) To act as liaison between the board of
6-15 commissioners and the public by responding to inquiries
6-16 and resolving conflicts; and
6-17 (16) To perform such other duties as may be prescribed
6-18 by this Act or other duties as may from time to time be
6-19 required by the board of commissioners.
6-20 (f) The county manager, before entering upon the discharge
6-21 of the duties of county manager, shall execute a bond with
6-22 a solvent surety company licensed to do business in Upson
6-23 County in an amount to be approved by the board of
6-24 commissioners but not less than $50,000.00, payable to
6-25 Upson County, conditioned for the faithful performance of
6-26 such officer's duties and to secure against corruption,
6-27 malfeasance, misappropriation, or unlawful expenditure.
6-28 The premium on such bond shall be paid for by Upson
6-29 County.
6-30 (g) The county manager shall not engage in or be concerned
6-31 with local partisan politics or any local political
6-32 campaign. The county manager shall not contribute to any
6-33 local campaign fund or solicit funds for local political
6-34 purposes from any other person. The county manager shall
6-35 not be eligible for election as a member of the Board of
6-36 Commissioners of Upson County for a period of one year
6-37 after termination of service as county manager.
6-38 (h) Except for the purpose of inquiry and investigation,
6-39 the board of commissioners shall deal with county
6-40 employees who are subject to appointment and removal by
6-41 the county manager solely through the county manager and
6-42 shall not give orders or directions to any such employee,
6-43 either publicly or privately, directly or indirectly."
-6-
7- 1 SECTION 3.
7- 2 Said Act is further amended by adding a new section, to be
7- 3 designated Section 7, to read as follows:
7- 4 (a) The board of commissioners may annually elect or
7- 5 appoint a clerk whose duties shall be defined by said
7- 6 board after consultation with the county manager. The
7- 7 clerk's compensation shall be paid out of the general
7- 8 funds of the county.
7- 9 (b) The county clerk shall be under the direct supervision
7-10 of the county manager."
7-11 SECTION 4.
7-12 All laws and parts of laws in conflict with this Act are
7-13 repealed.
-7-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/19/99
