05
SB137/AP
Senate
Bill 137
By:
Senator Schaefer of the 50th
AS
PASSED
AN
ACT
To
amend an Act to create the office of Commissioner of Towns County, approved
March 14, 1984 (Ga. L. 1984, p. 4130), as amended, so as to reconstitute the
board of commissioners of Towns County and revise and restate the law relating
to the board; to provide for continuation in office of the present sole county
commissioner; to provide for the establishment of commissioner districts; to
provide for the election and terms of office for subsequent members; to provide
for filling vacancies; to provide for the powers, duties, and authority of the
chairperson and members of the board; to provide for regular and special
meetings; to provide for annual audits of county finances and financial records;
to provide for a quarterly report for receipts and disbursements of funds; to
provide for related matters; to provide for a referendum; to provide for
submission of this Act for preclearance under the federal Voting Rights Act of
1965, as amended; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act to create the office of Commissioner of Towns County, approved March 14,
1984 (Ga. L. 1984, p. 4130), as amended, is amended by striking Section 1 and
all other substantive sections of said Act and inserting in place thereof the
following revision and restatement of the law relating to the Board of
Commissioners of Towns County:
"SECTION
1.
(a)
The office of the sole county commissioner of Towns County which exists on
January 1, 2005, is continued in existence as the governing authority of Towns
County until December 31, 2008, except as otherwise provided in subsections (b)
and (c) of this section. On and after January 1, 2009, a board of commissioners
shall be constituted as provided in this Act and shall be the ruling authority
of Towns County.
(b)
In the event a vacancy in the office of the sole county commissioner of Towns
County occurs before the election and qualification of the members of the board
of commissioners established by subsection (a) of this section, the vacancy
shall be filled for the unexpired term of the sole county commissioner by
special election of five members of the board of commissioners, as provided in
this Act. Such special election shall be called within 60 days after the date of
the vacancy and shall be held and conducted in accordance with the applicable
provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code.'
(c)
In the event a vacancy in the office of the sole county commissioner of Towns
County occurs after the election and qualification of the members of the board
of commissioners established by subsection (a) of this section but before
January 1, 2009, such vacancy shall be filled by the five newly elected members
if possible. In this event, the terms of office of the newly elected members of
the board of commissioners shall expire as provided in Section 2 of this
Act.
(d)
In the event of a vacancy in the office of sole commissioner as set out in
subsection (b) or (c) of this section, the judge of the Probate Court of Towns
County shall be vested with and exercise the powers and duties of the sole
commissioner until the vacancy is filled by the procedure set out in subsection
(b) or (c), as appropriate.
SECTION
2.
(a)
The Board of Commissioners of Towns County shall be composed of five
members.
(b)
The member of the board who is the chairperson of the board may reside anywhere
within Towns County and, if elected, must receive the number of votes cast for
that office as required by general law in the entire county. The chairperson
must continue to reside within the county during that
persońs
term of office, or that office shall become vacant. The chairperson shall devote
full time to the duties of such office.
(c)
For purposes of electing members of the board of commissioners, other than the
chairperson, Towns County is divided into four commissioner districts. One
member of the board shall be elected from each district. The four commissioner
districts shall be and correspond to those four numbered districts described in
and attached to and made a part of this Act and further identified as Plan Name:
TOWNSP1 Plan Type: Local User: staff Administrator: Towns.
(d)
When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall
mean and describe the same geographical boundaries as provided in the report of
the Bureau of the Census for the United States decennial census of 2000 for the
State of Georgia. The separate numeric designations in a Tract description which
are underneath a 'BG' heading shall mean and describe individual Blocks within a
Block Group as provided in the report of the Bureau of the census for the United
States decennial census of 2000 for the State of Georgia. Any part of Towns
County which is not included in any such district described in that attachment
shall be included within that district contiguous to such part which contains
the least population according to the United States decennial census of 2000 for
the State of Georgia. Any part of Towns County which is described in that
attachment as being in a particular district shall nevertheless not be included
within such district if such part is not contiguous to such district. Such
noncontiguous part shall instead be included within that district contiguous to
such part which contains the least population according to the United States
decennial census of 2000 for the State of Georgia.
(e)
In order to be elected as a member of the board from a commissioner district, a
person must receive the number of votes cast as required by general law for that
office in that district only. Only electors who are residents of that
commissioner district may vote for a member of the board for that district. At
the time of qualifying for election as a member of the board from a commissioner
district, each candidate for such office shall specify the commissioner district
for which that person is a candidate. A person elected or appointed as a member
of the board from a commissioner district must continue to reside in that
district during that
persońs
term of office or that office shall become vacant.
(f)
All members of the board who are elected thereto shall be nominated and elected
in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code.'
(g)
No person shall be a member of the board if that person is ineligible for such
office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law
applicable to that office.
(h)
The first members of the board of commissioners elected under this Act shall be
elected in the general election of November 2008.
(i)
The terms of office of members elected from Commissioner Districts 1 and 3 shall
expire December 31, 2010, when their successors are elected and qualified. The
terms of office of members elected from Commissioner Districts 2 and 4 shall
expire December 31, 2012, when their successors are elected and qualified.
Successors to members so elected shall be elected at the general election next
preceding the expiration of such terms of office and shall take office on
January 1 following their election for terms of four years and until their
successors are elected and qualified.
SECTION
3.
When
a vacancy occurs in the board of commissioners, and the unexpired term of office
exceeds six months, it shall be the duty of the judge of the probate court to
call a special election to elect a successor and fill the vacancy in not less
than 30 nor more than 60 days, as prescribed in Chapter 2 of Title 21 of the
O.C.G.A., the 'Georgia Election Code.' If the unexpired term to be filled is
less than six months in duration, the judge of the superior court of the county
shall have the power to appoint a successor to fill the unexpired
term.
SECTION
4.
(a)
The board shall have the power and authority to fix and establish by appropriate
resolution, entered on its minutes, policies, rules, and regulations governing
all matters reserved to the jurisdiction of the board. Such policies, rules, and
regulations, when so adopted with proper entry thereof made on the minutes of
the board, shall be conclusive and binding. The board shall exercise only those
administrative powers which are necessarily and properly incident to its
functions as a policy-making or rule-making body or which are necessary to
compel enforcement of its adopted resolutions.
(b)
The board shall exercise all power and authority formerly vested in the sole
county commissioner.
(c)
The board shall have such duties, powers, and authority which is or may be
vested in the board by the Constitution or general laws of this state,
including, but not limited to, the following:
(1)
To levy taxes;
(2)
To fix fees;
(3)
To make appropriations;
(4)
To fix rates and charges for services provided by the county;
(5)
To authorize the incurring of indebtedness;
(6)
To order work done where the cost is to be assessed against benefited property
and to fix the basis for such assessment;
(7)
To authorize and provide for the execution of contracts;
(8)
To establish, alter, open, close, build, repair, or abolish public roads and
bridges, according to law; provided, however, that the chairperson shall have
the authority to adopt subdivision plats when the requirement established by the
board for subdivisions is met;
(9)
To accept for the county the provisions of any optional statute where the
statute permits its acceptance by the governing authority of the
county;
(10)
To regulate land use by the adoption of a comprehensive development plan and by
the adoption of other planning and zoning ordinances which relate reasonably to
the public health, safety, morality, and general welfare of the county and its
citizens; and to exercise all other powers, duties, and authority in respect to
zoning and planning as authorized by law;
(11)
To create and change the boundaries of special districts authorized by
law;
(12)
To fix the bonds of county officers where same are not fixed by
statute;
(13)
To enact any ordinances or other legislation which the county may be given
authority to enact;
(14)
To determine the priority of capital improvements;
(15)
To call elections for the voting of bonds; and
(16)
To appoint and retain legal counsel and an independent county auditor and
provide for their compensation.
SECTION
5.
(a)
The chairperson shall be the official head of the board.
(b)
The chairperson shall cause an agenda to be established for and preside at all
meetings of the board unless absent.
(c)
The chairperson shall have all the rights, powers, duties, and responsibilities
of a member of the board, including the right and power to make motions and
nominations, except that the chairperson shall not vote on matters before the
board except to express unanimity or where there is equal division on the
question.
(d)
The chairperson may serve as a member of boards, commissions, and committees
required by law or requested by the board and shall perform such other duties as
may be required by law.
(e)
The board shall elect one of the members to serve as vice chairperson. The vice
chairperson shall cause an agenda to be established for and preside at all
meetings at which the chairperson is absent. In such event, the vice chairperson
shall retain all of his or her rights, duties, powers, and responsibilities as a
member of the board, including the right to make motions and to vote on matters
before the board.
SECTION
6.
(a)
Before entering upon the discharge of their duties, the members shall subscribe
to an oath for the true and faithful performance of their duties, and to uphold
the laws and constitutions of the State of Georgia and the United States of
America.
(b)
The board shall hold a minimum of one regular meeting per month for the
transaction of business as may legitimately come before it. Special meetings may
be convened. Public notice of the time, place, and dates shall be published and
posted in a conspicuous place at least 24 hours in advance of the meeting and
such notice shall be provided to the legal organ of the county in which public
notices of sheriffs sales are published.
(c)
The board shall cause minutes of its meetings to be kept. A book of resolutions,
acts, motions, rulings, and ordinances shall be kept. These records shall be
available for public inspection in accordance with the laws of the State of
Georgia.
(d)
The public shall at all times be afforded access to meetings declared open to
the public and all matter shall be transacted in accordance with Chapter 14 of
Title 50 of the O.C.G.A.
SECTION
7.
(a)
The board shall adopt and operate under annual budgets.
(b)
The board shall provide for and cause to be made annual audits in accordance
with the laws of the State of Georgia.
(c)
The board shall provide for and cause detailed reviews of all receipts and
expenditures by each department or cost center on a quarterly basis. Such
reviews shall show actual amounts versus the budget and prior years. Significant
variances shall be detailed to the
board́s
satisfaction.
SECTION
8.
(a)
The chairperson shall receive an annual salary equal to the total compensation,
including all supplements and fees, which the highest paid constitutional
officer in Towns County would receive if that constitutional officer were
elected in the same year as the chairperson, plus 3 percent of such
amount.
(b)
The commissioners other than the chairperson shall be compensated in the amount
of $300.00 per month from funds of the county. A district commissioner may elect
to serve without compensation, and such election shall be duly noted by
resolution passed and recorded in the minutes. The commissioners shall receive
reimbursement for actual expenses incurred in the performance of their official
duties."
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of the Towns County shall call and conduct an election as
provided in this section for the purpose of submitting this Act to the electors
of the Towns County for approval or rejection. The election superintendent shall
conduct that election on the third Tuesday in June, 2005, in accordance with
Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that
election as provided by general law. The superintendent shall cause the date and
purpose of the election to be published once at least 30 days prior to the
election in the official county organ of Towns County. The ballot shall have
written or printed thereon the words:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which reconstitutes the board of commissioners of Towns
County and revises and restates the law relating to the board?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and all
persons desiring to vote for rejection of the Act shall vote "No." If more than
one-half of the votes cast on such question are for approval of the Act, then
Section 1 of this Act shall become of full force and effect immediately. If the
Act is not so approved or if the election is not conducted as provided in this
section, Section 1 of this Act shall not become effective and this Act shall be
automatically repealed on the first day of January immediately following that
election date. The expense of such election shall be borne by Towns County. It
shall be the election
superintendent́s
duty to certify the result thereof to the Secretary of State.
SECTION
3.
The
governing authority of Towns County shall through its legal counsel cause this
Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended; and such submission shall be made to the United States
Department of Justice or filed with the appropriate court no later than 60 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are
repealed.
Plan Name: TOWNSP1 Plan Type: Local User: staff Administrator: Towns
Plan Name: TOWNSP1 Plan Type: Local User: staff Administrator: Towns
Redistricting
Plan Components Report
District
001
Towns County
Tract: 9601
BG: 1
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024 2025 2026 2027 2030 2031 2032 2033 2034 2035 2036 2037
2038 2039 2040 2041 2042 2043
BG: 3
3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053
3054
Towns County
Tract: 9601
BG: 1
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024 2025 2026 2027 2030 2031 2032 2033 2034 2035 2036 2037
2038 2039 2040 2041 2042 2043
BG: 3
3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053
3054
District
002
Towns County
Tract: 9601
BG: 2
2028 2029
BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023
3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035
3036 3037 3038 3039 3040 3041
Tract: 9602
BG: 1
BG: 2
2010 2011 2013 2014 2015 2016 2017 2018 2020 2023 2024 2025
2026 2027
Tract: 9603
BG: 3
3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3089
3090 3996
Towns County
Tract: 9601
BG: 2
2028 2029
BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023
3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035
3036 3037 3038 3039 3040 3041
Tract: 9602
BG: 1
BG: 2
2010 2011 2013 2014 2015 2016 2017 2018 2020 2023 2024 2025
2026 2027
Tract: 9603
BG: 3
3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3089
3090 3996
District
003
Towns County
Tract: 9602
BG: 2
2079 2084 2997
Tract: 9603
BG: 1
1033 1034 1035 1036 1037 1038 1039 1040 1043 1044 1100 1101
1996
BG: 2
BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023
3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035
3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047
3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059
3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071
3072 3073 3074 3075 3076 3088 3997 3998 3999
Towns County
Tract: 9602
BG: 2
2079 2084 2997
Tract: 9603
BG: 1
1033 1034 1035 1036 1037 1038 1039 1040 1043 1044 1100 1101
1996
BG: 2
BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023
3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035
3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047
3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059
3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071
3072 3073 3074 3075 3076 3088 3997 3998 3999
District
004
Towns County
Tract: 9602
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2019
2021 2022 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037
2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049
2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061
2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073
2074 2075 2076 2077 2078 2080 2081 2082 2083 2085 2086 2087
2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099
2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111
2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123
2124 2125 2126 2127 2998 2999
Tract: 9603
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1041 1042 1045
1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057
1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069
1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081
1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093
1094 1095 1096 1097 1098 1099 1102 1103 1104 1105 1106 1107
1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119
1120 1121 1122 1123 1124 1997 1998 1999
Towns County
Tract: 9602
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2019
2021 2022 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037
2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049
2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061
2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073
2074 2075 2076 2077 2078 2080 2081 2082 2083 2085 2086 2087
2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099
2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111
2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123
2124 2125 2126 2127 2998 2999
Tract: 9603
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1041 1042 1045
1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057
1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069
1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081
1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093
1094 1095 1096 1097 1098 1099 1102 1103 1104 1105 1106 1107
1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119
1120 1121 1122 1123 1124 1997 1998 1999