08 LC 28
4132/AP
House
Bill 1407 (AS PASSED HOUSE AND SENATE)
By:
Representative Sims of the
169th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the office of commissioner of roads and revenues in the
County of Atkinson (now the board of commissioners of Atkinson County), approved
July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by
an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act
approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act
approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to provide
for the filling of vacancies on the board; to provide for the compensation for
members of the board; to provide for the duties of the chairperson; to provide
for a quorum and the number of votes necessary to take action by the board; to
provide for the approval of certain disbursements and expenditures 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 office of commissioner of roads and revenues in the County of
Atkinson (now the board of commissioners of Atkinson County), approved July 23,
1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act
approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act approved
March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May
30, 2003 (Ga. L. 2003, p. 3791), is amended by revising Section 3
as follows:
"SECTION
3.
(a)(1)
In the event of a vacancy in the office of member of the board of commissioners,
other than the chairperson, for any reason other than the expiration of the term
of office, the vacancy shall be filled in accordance with this
subsection.
(2)
If the vacancy occurs during the final 27 months of a term of office, the
remaining members of the board shall appoint a person to fill such vacancy for
the remainder of the unexpired term of office.
(3)
If the vacancy occurs at any time prior to the final 27 months of a term of
office, the remaining members of the board shall appoint a person to fill such
vacancy until such vacancy is filled for the unexpired term of office at a
special election as provided in subsection (c) of this section.
(b)(1)
At the first meeting following the effective date of this Act and at the first
meeting of each calendar year thereafter, the members of the board of
commissioners shall elect from among their number a vice
chairperson.
(2)
In the event of a vacancy in the office of chairperson, for any reason other
than the expiration of the term of office, the vacancy shall be filled in
accordance with this subsection.
(3)
If the vacancy occurs during the final 27 months of a term of office, the vice
chairperson shall assume the duties of the chairperson for the remainder of the
unexpired term of office of such chairperson.
(4)
If the vacancy occurs at any time prior to the final 27 months of a term of
office, the vice chairperson shall assume the duties of the chairperson until
such vacancy is filled for the unexpired term of office at a special election as
provided in subsection (c) of this section. Upon the election of a chairperson
in such special election and such person beginning the duties of chairperson,
the vice chairperson shall return to his or her position as a member of the
county commission.
(c)
When a special election is required to fill a vacancy for the unexpired term of
office as provided by subsection (a) or (b) of this section, such special
election shall be held on the same date as the general election which is first
held following the date of the vacancy and in conjunction with such general
election. It shall be the duty of the county election superintendent to call
and conduct such special election in accordance with the applicable provisions
of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election
Code.'
(d)
If the vacancy to be filled is for a member other than the chairperson, the
person elected to fill such vacancy shall reside in the commissioner district in
which the vacancy occurred.
(e)
In the event that a member of the board other than the chairperson moves such
member´s residence from the district from which he or she was elected, a
vacancy shall exist in such district and shall be filled in accordance with this
section."
SECTION
2.
Said
Act is further amended by revising Section 5 as follows:
"SECTION
5.
(a)
The chairperson of the board of commissioners, who shall devote full time to the
duties of such office, shall receive a salary of $36,000.00 annually, such
benefits as the county may provide for its employees, and a county vehicle with
the cost of maintenance and fuel for such vehicle to be paid by the county. No
supplement shall be paid to such chairperson.
(b)
The other members of the board shall receive $400.00 per month and such benefits
as the county may provide for its employees as full compensation for their
duties. No supplement shall be paid to such members. Upon a member receiving
his or her county commissioner certification pursuant to the training programs
offered by the Association County Commissioners of Georgia, the member´s
compensation shall increase to $500.00 per month.
(c)
On and after January 1, 2009, whenever the employees in the classified service
of the state merit system receive a cost-of-living increase or general
performance based increase of a certain percentage or a certain amount, the
amount of compensation provided in subsections (a) and (b) of this section shall
be increased by the same percentage or same amount applicable to such state
employees. If the cost-of-living increase or general performance based increase
received by state employees is in different percentages or different amounts as
to certain categories of employees, the amount of compensation provided in
subsection (a) and (b) of this section shall be increased by a percentage or an
amount not to exceed the average percentage or average amount of the general
increase in salary granted to the state employees. The Office of Planning and
Budget shall calculate the average percentage increase or average amount
increase when necessary. The periodic changes in the amount of compensation in
subsections (a) and (b) of this section shall become effective on the first day
of January following the date that the cost-of-living increases or general
performance based increases received by state employees become effective;
provided, however, that if the cost-of-living increases received by state
employees become effective on January 1, such periodic changes in the amount of
compensation provided in subsections (a) and (b) of this section shall become
effective on the same date that the cost-of-living increases or general
performance based increases received by state employees become
effective."
SECTION
3.
Said
Act is further amended by revising Section 6 as follows:
"SECTION
6.
(a)
The chairperson shall preside over meetings of the board of commissioners and
shall vote on questions before the board only in the event of a tie vote by
other members of the board.
(b)
The chairperson shall be a full-time position and shall be responsible for the
day-to-day operation of the county government. The chairperson shall be
authorized to hire and terminate county employees subject to the right of a
terminated employee to file a grievance or appellate rights under the county
personnel policies.
(c)
No ordinance, resolution, or other action of the board shall pass unless
approved by a majority of the members present and voting."
SECTION
4.
Said
Act is further amended by revising Section 9 as follows:
"SECTION
9.
(a)
The commissioners shall meet together once each month on a day to be fixed and
determined by them, of which notice shall be given. Said meetings so held shall
be denominated regular meetings for the transaction of all matters which, by
law, come under the jurisdiction off the board, and shall be held at such place
as may be designated in the courthouse at Pearson, Georgia, or other county
facility for such purpose.
(b)
A quorum for meetings of the board of commissioners shall be three
members."
SECTION
5.
Said
Act is further amended by revising Section 12 as follows:
"SECTION
12.
(a)
It shall be the duty of said board to cause the clerk to make up a list of
receipts of the county and the sources thereof, and of the disbursements or
expenditures, and to whom and for the purpose made, and cause the same to be
published in the official organ of said county each month.
(b)
All disbursements or expenditures of $5,000.00 or more shall require prior
approval of the board of commissioners. Disbursements or expenditures of less
than $5,000.00 shall not require prior approval of the board of commissioners
unless such prior approval is required by law or such disbursements or
expenditures involve bids."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.