08 LC 37
0664/AP
House
Bill 1382 (AS PASSED HOUSE AND SENATE)
By:
Representative Ralston of the
7th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create the Gilmer County Kids Kottage Commission; to provide for a short title;
to provide for the manner of appointment of members; to provide for membership;
to provide for definitions; to provide for organization; to provide for powers
and duties; to provide for immunity; to provide for charitable and public
functions; to provide for treatment under the Internal Revenue Code as a tax
exempt organization; to provide for actions; to provide for construction; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Short title.
Short title.
This
Act shall be known and may be cited as the "Gilmer County Kids Kottage
Commission Act."
SECTION
2.
Gilmer County Kids Kottage Commission.
Gilmer County Kids Kottage Commission.
There
is a created a body corporate and politic to be known as the "Gilmer County Kids
Kottage Commission," which shall be deemed to be a political subdivision of the
State of Georgia and a public corporation and by that name, style, and title
said body may contract and be contracted with, sue and be sued, implead and be
impleaded, and bring and defend actions in all courts. The commission shall
have perpetual existence.
SECTION
3.
Membership.
Membership.
(a)
The commission shall be composed of 15 members, which will consist of five ex
officio members and ten community members as follows:
(1)
The ex officio members shall consist of one member of the Gilmer County Board of
Commissioners, one member of the Gilmer County Board of Education, one member
of the City of Ellijay City Council, one member of the City of East Ellijay City
Council, and the chief judge of the Superior Court of Gilmer County, Appalachian
Judicial Circuit; and
(2)
Community members shall be composed of the director of the department of family
and children services, the Gilmer County superintendent of schools, the Gilmer
County mental health director, the health department manager, and six additional
members who shall be appointed as follows: three by the Gilmer County Board of
Commissioners, three by the Gilmer County Board of Education, one by the chief
judge of the Superior Court of Gilmer County, one by the City of Ellijay City
Council, and one by the City of East Ellijay City Council.
(b)
Of the community members appointed by the Gilmer County Board of Commissioners,
one shall be appointed for the initial term of one year and one shall be
appointed for an initial term of two years and one shall be appointed for an
initial term of three years. Of the community members appointed by the Gilmer
County Board of Education, one shall be appointed for the initial term of one
year and one shall be appointed for an initial term of two years and one shall
be appointed for an initial term of three years. The appointments of the chief
judge, the City of Ellijay City Council, and the City of East Ellijay City
Council shall be for a three year term. Successors to all such members and
future successors shall be appointed for terms of three years. Those members
who serve on the commission shall serve for the term of the position and until
their successors are duly appointed and
qualified.
(c) The ex officio members shall be selected as follows: the Gilmer County Board of Commissioners shall select by vote one of their elected members, the City of Ellijay Council shall select by vote one of their elected members, the City of East Ellijay Council shall select by vote one of their elected members, the governing board of education shall select one its elected members, and the sitting chief judge of the Superior Court of Gilmer County, Appalachian Judicial Circuit.
(d) Ex officio members shall serve on the commission for the same terms as the respective offices to which they were elected and until their successors are duly appointed and qualified.
(e) Members of the commission shall not receive compensation for serving on the commission but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.
(f) No person shall be a member of the commission if that person has been finally convicted and sentenced for any felony involving moral turpitude under the laws of this or any other state, unless restored to all his rights of citizenship by a pardon from the State Board of Pardons and Paroles.
(c) The ex officio members shall be selected as follows: the Gilmer County Board of Commissioners shall select by vote one of their elected members, the City of Ellijay Council shall select by vote one of their elected members, the City of East Ellijay Council shall select by vote one of their elected members, the governing board of education shall select one its elected members, and the sitting chief judge of the Superior Court of Gilmer County, Appalachian Judicial Circuit.
(d) Ex officio members shall serve on the commission for the same terms as the respective offices to which they were elected and until their successors are duly appointed and qualified.
(e) Members of the commission shall not receive compensation for serving on the commission but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.
(f) No person shall be a member of the commission if that person has been finally convicted and sentenced for any felony involving moral turpitude under the laws of this or any other state, unless restored to all his rights of citizenship by a pardon from the State Board of Pardons and Paroles.
SECTION
4.
Definitions.
Definitions.
As
used in this Act, the term:
(1)
"Commission" means the Gilmer County Kids Kottage Commission.
(2)
"Comprehensive plan" means a plan that establishes a vision and goals for
children and youth exposed to conflict, measures the extent to which current
practices fall short in meeting such goals, identifies the conditions that must
change to meet such goals, specifies a coordinated and integrated strategy and
budget for changing conditions, and specifies the means of implementing
strategies, managing and evaluating performance, and measuring effectiveness in
achieving the established goals and objectives.
(3)
"County" means the County of Gilmer.
(4)
"Public agency" means the Gilmer County Board of Commissioners, the Gilmer
County Board of Education, or any agency, board, commission, or department of
the State of Georgia.
(5)
"Officers" means the chairperson, vice chairperson, secretary, and treasurer of
the commission.
SECTION
5.
Organizational meeting.
Organizational meeting.
(a)
The organizational meeting of the commission shall be called by the chairperson
of the Gilmer County Board of Commissioners. At the organizational meeting, the
commission shall adopt bylaws and elect a chairperson, vice chairperson,
secretary, and treasurer. Ex officio members of the commission may not serve as
officers. The terms of office of such officers shall be as specified in the
bylaws of the commission.
(b) For the purposes of the organizational meeting of the commission a quorum shall constitute a majority. Quorum for further meetings shall be set forth in the commission bylaws.
(c) The commission shall prepare and submit to the appointing bodies listed in subsection (a) of Section 3 of this Act at the end of each fiscal year an annual report outlining the work of the commission and the results achieved thereby and an annual report on the state of the children, youth, and families in the community. The commission shall also have prepared an independent audit of income and expenditures for the fiscal year.
(e) No vacancy on the commission shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the commission.
(f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the appointing body of the member whose position is vacant shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the commission who:
(b) For the purposes of the organizational meeting of the commission a quorum shall constitute a majority. Quorum for further meetings shall be set forth in the commission bylaws.
(c) The commission shall prepare and submit to the appointing bodies listed in subsection (a) of Section 3 of this Act at the end of each fiscal year an annual report outlining the work of the commission and the results achieved thereby and an annual report on the state of the children, youth, and families in the community. The commission shall also have prepared an independent audit of income and expenditures for the fiscal year.
(e) No vacancy on the commission shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the commission.
(f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the appointing body of the member whose position is vacant shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the commission who:
(1)
Is convicted of or pleads guilty to or who enters a plea of nolo contendere to a
crime involving moral turpitude;
(2)
Commits any act of misfeasance, malfeasance, or nonfeasance of his or her duties
as a member of the commission; or
(3)
Fails to attend 33 percent of the regular or special meetings of the commission
for any 12 consecutive months without an excuse approved by a resolution of the
commission.
(g)
All meetings of the commission, regular or special, shall be open to the public.
The commission is subject to the Georgia open meeting and open records
laws.
(h) No member or employee of the commission shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the commission nor in the sale, lease or purchase of any property.
(h) No member or employee of the commission shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the commission nor in the sale, lease or purchase of any property.
SECTION
6.
Purposes.
Purposes.
The
commission is created for the following purposes:
(1)
To develop with the community a vision of success for children and youth exposed
to conflict;
(2)
To develop and adopt a core set of goals for children and youth exposed to
conflict;
(3)
To develop, adopt, recommend, and amend a comprehensive plan for the Gilmer
County community to deal effectively with the problems experienced by children
and youth exposed to conflict and who are under court-ordered, supervised
visitation in order to achieve the goals that have been adopted;
(4)
To monitor and report to the Gilmer County Board of Commissioners, the Gilmer
County Board of Education, the mayors of municipalities in the county, and to
the public the implementation of the comprehensive plan developed by the
commission and to provide administrative services and assistance in implementing
and carrying out this plan;
(5)
To contract or recommend and promote contracts with public and private agencies
to provide programs and services to carry out the provisions of the
comprehensive plan;
(6)
To be an advocate for the well-being of children exposed to conflict as set
forth in this Act; and
(7)
To create an arrangement as set forth in this Act under which all of the
agencies, institutions, and organizations in a community whose operations can
affect the well-being of children, youth, and their families agree and commit
themselves:
(A)
To the protection and well-being of children who find themselves in family
circumstances where they may be exposed to conflict and who are under
court-ordered, supervised visitation;
(B)
To provide a neutral child friendly environment to bring about their safe
visitation;
(C)
As independent agencies, institutions, and organizations to carry out the
components of the strategies assigned to them by a comprehensive plan for
serving the well-being of children and youth exposed to conflict and who are
under court-ordered, supervised visitation;
(D)
To be individually and collectively responsible for the success and failure of
these strategies;
(E)
To coordinate and integrate their work and share information;
(F)
To identify and eliminate the duplication of programs and services;
(G)
To eliminate competition for funding and recognition;
(H)
To report successes and failures in results objectively and completely;
and
(I)
To adopt and carry out comprehensive and integrated annual work programs and
budgets to serve the objectives set forth herein.
SECTION
7.
Powers and duties.
Powers and duties.
In
addition to any other powers and duties provided for by this Act and in order
for the commission to carry out its purposes as described in this Act, the
commission shall have the following powers and duties:
(1)
To have a seal and to alter the same at its pleasure;
(2)
To acquire, hold, and dispose of in its own name, by purchase, gift, lease, or
exchange in such manner as it may deem proper, real and personal property of
every kind; provided, however, that the commission shall not have the power to
acquire any real or personal property by condemnation or eminent
domain;
(3)
To procure insurance against loss in connection with its property and other
assets of the commission;
(4)
To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure
policies of liability insurance or contracts of indemnity or to formulate sound
programs for self-insurance to insure or indemnify members of the commission and
its officers and employees against personal liability or damages arising out of
the performance of their duties;
(5)
To make contracts and to execute all instruments necessary or convenient in
connection with the comprehensive plan;
(6)
To establish bylaws and adopt, alter, or repeal its own bylaws, rules, and
regulations governing the manner in which its business may be transacted as the
commission may deem necessary or expedient;
(7)
To receive, accept and utilize gifts, grants, donation, or contributions of
money, property, facilities, or services with or without consideration from any
person, firm, corporation, foundation, or other entity or from the State of
Georgia or any agency, instrumentality, or political subdivision thereof or from
the United States or any agency or instrumentality thereof;
(8)
To the extent that a contract between the commission and a public or private
agency provides, to act as an agent of such public or private agency in any
matter coming within the purposes or powers of the commission;
(9)
To select, appoint, and employ professional, administrative, clerical, or other
personnel and to contract professional or other services and to allow suitable
compensation for such services;
(10)
To do all things necessary and convenient to carry out the powers and purposes
of the commission which are expressly provided for in this Act; and
(11)
To keep suitable and proper books and records of all receipts, income, and
expenditures of every kind and obtain an annual independent audit of income and
expenditures.
SECTION
8.
Members as trustees.
Members as trustees.
The
members of the commission are trustees and shall be accountable in all respects
to manage the funds and expenditures and direct the policies of the
commission.
SECTION
9.
Immunity.
Immunity.
The
commission shall have the same immunity and exemption from liability for torts
and negligence as Gilmer County, and the officers, agents, and employees of the
commission, when in the performance of the work of the commission, shall have
the same immunity and exemption from liability for torts and negligence as the
officers, agents, and employees of Gilmer County when in the performance of
their public duties or the work of the county.
SECTION
10.
Charitable and public functions.
Charitable and public functions.
Because
the commission will be performing valuable and charitable and public functions
and purposes in the exercise of the powers conferred upon it, the commission
shall not be required to pay taxes or assessments by the state or by any county,
municipality, authority, or political subdivision of the state upon any real or
personal property acquired by it or upon its activities in the operation or
maintenance of any facility maintained or acquired by it or upon any income from
levy and sale, garnishment, or attachment.
SECTION
11.
Federal taxation exemption.
Federal taxation exemption.
The
commission shall apply to the Internal Revenue Service for the exemption from
federal taxation pursuant to Section 501(c) of the Internal Revenue
Code.
SECTION
12.
Actions.
Actions.
Any
action brought against the commission shall be brought in the Superior Court of
Gilmer County and such court shall have exclusive original jurisdiction of such
action.
SECTION
13.
Liberal construction.
Liberal construction.
Being
for the welfare of the state and its inhabitants, this Act shall be liberally
construed to effect the purposes of this Act.
SECTION
14.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
15.
Repealer.
Repealer.
All
laws and parts of laws in conflict with this Act are repealed.