06 LC 22
5834S/AP
House
Bill 491 (AS PASSED HOUSE AND SENATE)
By:
Representative Jenkins of the
8th
A
BILL TO BE ENTITLED
AN ACT
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 election of the five-member board of commissioners
upon a vacancy in the office of sole commissioner; to provide for exercise of
the power of the sole commissioner by the judge of the probate court until the
vacancy is filled; 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 submission of this Act for
preclearance under the federal Voting Rights Act of 1965, as amended; to provide
for a referendum; to provide for automatic repeal in certain circumstances; to
provide for contingent effective dates; 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)
Except as otherwise provided in subsections (b) and (c) of this section, 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
through December 31, 2008. On and after January 1, 2009, a board of
commissioners shall be constituted as provided in this Act and shall be the
governing 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 ten 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
of the board of commissioners, who shall take office as soon as 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 the 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 the entire county. 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)
Except as otherwise provided in subsections (b) and (c) of Section 1 of this
Act, 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 are 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 as
required by law or as 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 of the board shall be compensated not less than the clerk of the
superior court of Towns County in monthly installments from the funds of the
county. The board of commissioners may supplement such pay as the members of the
board deem appropriate by majority vote.
(b)
The commissioners other than the chairperson shall be compensated in the amount
of $500.00 monthly from funds of the county. The commissioners other than the
chairperson shall receive reimbursement for actual expenses incurred in the
performance of their official
duties."
SECTION
2.
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
3.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of Towns County shall call and conduct an election as provided in
this section for the purpose of submitting this Act to the electors of Towns
County for approval or rejection. The election superintendent shall conduct
that election on the third Tuesday in June, 2005, and shall issue the call and
conduct that election as provided by general law. The election superintendent
shall cause the date and purpose of the election to be published once a week for
two weeks immediately preceding the date thereof in the official organ of Towns
County. The ballot shall have written or printed thereon the
words:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which provides for a five-member board of commissioners, to
be elected in November, 2008, or upon an earlier vacancy in the office of the
sole commissioner of Towns
County?"
|
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
quoted Section 1 of Section 1 of this Act and the provisions of this Act
relating to election of the five-member board of commissioners shall become of
full force and effect immediately and the remainder of Section 1 of this Act
shall become of full force and effect on January 1, 2009, or upon earlier
election of a five-member board of commissioners in accordance with quoted
Section 1 of Section 1 of this Act. If Section 1 of this 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
4.
Except
as otherwise provided in Section 3 of this Act, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.