08 LC 36
0862/AP
House
Bill 1182 (AS PASSED HOUSE AND SENATE)
By:
Representative Morris of the
155th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the board of commissioners of Toombs County, approved
February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to provide for the
election of a vice-chairperson and the powers, duties, and compensation of the
chairperson of the board of commissioners; to create the office of county
manager and provide for the qualifications, appointment, duties, powers, and
other matters relevant to the office of county manager; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating the board of commissioners of Toombs County, approved February 13,
1959 (Ga. L. 1959, p. 2010), as amended, is amended by revising Section 7 as
follows:
"Section
7.
(a)
The members of the board shall annually elect a vice-chairperson from their
membership to serve as the chairperson in the case of the absence of the
chairperson for any reason. Three members of the board shall constitute a quorum
for the purpose of conducting the business of the board.
(b)
The chairperson or any other member of the board of commissioners so designated
by the chairperson shall sign all checks issued by the board which shall be
countersigned by the county manager or the county clerk, or both.
(c)
The chairperson of the board of commissioners shall be the chief elected officer
of Toombs County and as such shall have the following powers and
duties:
(1)
To preside at all meetings of the board of commissioners and be recognized as
the official head and spokesperson of the county for service of process and
ceremonial purposes;
(2)
To vote on matters before the board of commissioners only in the case of a
tie;
(3)
To timely sign, for and on behalf of the county, all contracts, ordinances,
instruments, and other documents required to be in writing, unless otherwise
directed or authorized by this law or the board of commissioners;
(4)
To administer oaths and take affidavits; and
(5)
To fulfill such other duties as authorized by the board of
commissioners.
(d)
The compensation of the chairperson of the board of commissioners shall be an
annual salary of $18,000.00.
(e)
Each member of the board shall be compensated by a salary of $500.00 per month,
and all commissioners shall be reimbursed for actual expenses incurred when
outside the county on official business of the county.
(f)
In addition to their salaries, the board of commissioners is authorized to
provide accident, health, and hospitalization insurance for members of the board
and to pay for such insurance from funds of Toombs County."
SECTION
2.
Said
Act is further amended by adding a new section to read as follows:
"Section
10.1.
(a)
There is created the position of county manager of Toombs County. The county
manager shall be appointed by majority vote of the members of the board of
commissioners of Toombs County and shall be the chief administrative officer and
head of the administrative branch of county government. In its discretion, the
board of commissioners may select a person to serve as county manager solely on
the basis of the person´s good character and administrative qualifications
with specific references to actual experience in or knowledge of accepted
practices in respect to the duties of this office.
(b)
At the time of appointment such person need not be a resident of the county or
state, but, within six months following commencement of the duties of the
office, such person shall reside within the county. No member of the board of
commissioners of Toombs County shall be appointed county manager or interim
county manager until one year has elapsed following the expiration of the
commissioner´s term of office for which he or she was elected.
(c)
The county manager shall be appointed for an indefinite term and serve at the
pleasure of the board of commissioners. The compensation of the county manager
shall be as set by the board of commissioners. The board may contract with the
individual to be appointed as the county manager of Toombs County on such terms
as it may deem reasonable and prudent.
(d)
Before entering upon the discharge of the duties of the office, the county
manager shall execute a bond with a solvent surety company licensed to do
business in Toombs County in an amount to be determined by the board of
commissioners, but not less than $100,000.00, payable to Toombs County for the
faithful performance of the manager´s duties and to secure against
corruption, malfeasance, misappropriation, or unlawful expenditure. The premium
on such bond shall be paid by Toombs County.
(e)
Prior to entering upon his or her duties, the county manager shall take and
subscribe an oath for the faithful performance of his or her duties, and such
oath shall be entered upon the minutes of the board of
commissioners.
(f)
It shall be the duty of the county manager to:
(1)
Supervise the administration of the affairs of the county and see that all
ordinances, resolutions, and regulations of the board are faithfully executed
and enforced;
(2)
Prescribe, publish, and implement standards of administrative management and
operating procedures for approval by the board of commissioners;
(3)
Except for the county attorney and county auditor, supervise all employees under
the jurisdiction of the board of the commissioners;
(4)
Except for the county attorney and county auditor who shall only be appointed
and removed directly by the board of commissioners, appoint, and when in his or
her discretion the welfare of the county requires it, suspend, discharge,
transfer, or remove all employees for whom the board of commissioners is
responsible pursuant to procedures and policies adopted by the board of
commissioners. The manager may delegate to any department head such powers with
respect to subordinates within his or her department;
(5)
Select and remove department heads after communication with the board of
commissioners;
(6)
Require periodic reports from heads of departments and other employees entrusted
with administrative duties or who exercise discretion. Except for the county
attorney and county auditor, the manager shall at all times have the authority
to examine all books and records of every officer and department of the county
under the jurisdiction of the board of commissioners;
(7)
Keep the board of commissioners fully advised as to the financial condition and
needs of the county;
(8)
Submit to the board of commissioners a monthly summary of the financial and
administrative activities of the county and make available to the board and the
public a complete report on the finances and administrative activities of the
county as of the end of each fiscal year;
(9)
Attend all meetings of the board of commissioners with a right to take part in
the discussion but have no vote and attend such other meetings involving county
government as the board may direct;
(10)
Supervise the performance of all contracts made by any person, company,
corporation, or other entity concerning work done for the county;
(11)
Prepare and submit an annual budget to the board of commissioners as provided in
paragraph (g) of this section;
(12)
Supervise and regulate all purchases of material and supplies for the county
within such limitations and regulations as may be established by the board of
commissioners;
(13)
Recommend to the board of commissioners for adoption such measures as the
manager deems expedient or necessary;
(14)
Devote his or her entire time to the duties and affairs of the office of county
manager and hold no other office or employment for remuneration while serving as
the county manager; and
(15)
Perform such other duties as may be specified by the law that established and
governs the Toombs County Board of Commissioners or as may be required by the
board of commissioners.
(g)
The county manager shall submit to the board of commissioners no later than the
last day of the seventh month of the fiscal year, a budget plan and calendar for
the development of a proposed budget for the ensuing fiscal year that will show
proposed target dates for workshops, meetings, public hearings, and adoption
dates for the ensuing budget in such form as the board of commissioners, in
consultation with the manager, deems appropriate and as required by Georgia
law.
(h)
No member of the board of commissioners shall individually direct the county
manager or attempt to interfere in the performance of his or her duties, and
except for the purpose of formal inquiries and investigations, no member of the
board of commissioners shall, either publicly or privately or directly or
indirectly, give orders or directions to any county employee who is subject to
the direction and supervision of the county manager.
(i)
The county manager shall have full authority to execute the county´s annual
operating and capital budgets. Establishment of all special funds and
authorization of expenditures from any special funds shall require approval of
the board of commissioners. The board of commissioners shall also approve any
operating or capital budget amendments requiring use of funds from the
contingency special fund.
(j)
The county manager shall not engage in or be concerned with local politics or
any local campaign. The county manager shall not contribute to any local
campaign fund or solicit funds for local political purposes, and the county
manager shall not be eligible for election to the board of commissioners of
Toombs County for a period of one year after termination of service as county
manager.
(k)
The county manager may be suspended or removed at the pleasure of the board of
commissioners by a majority vote of the full membership of the board of
commissioners.
(1)
The board of commissioners may designate a person or persons to perform the
duties of the county manager during the absence, disability, or suspension of
the county manager. Vacancies in the office of county manager shall be filled
by the board of commissioners as early as practicable, and until such vacancy is
permanently filled, the board of commissioners shall have full power to appoint
an interim county manager.
SECTION
3.
All
laws or parts of laws in conflict with this Act are repealed.