08 LC 38
0668ER/AP
House
Bill 1466 (AS PASSED HOUSE AND SENATE)
By:
Representative Cole of the
125th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the board of commissioners of Jasper County, approved July
23, 1923 (Ga. L. 1923, p. 255), as amended, so as to consolidate the amendatory
Acts into one Act and to modernize and update such Act; to provide for a quorum;
to provide for meetings; to provide for a chairperson and a vice-chairperson of
the board; to provide for a county manager; to provide for bonds; to provide for
compensation for board members; to provide for work detail; to provide for
procedures regarding the filling of vacancies; 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 Jasper County, approved July 23, 1923
(Ga. L. 1923, p. 255), as amended, is amended by striking Sections 1
through 16 of the Act and inserting in lieu thereof the following:
"SECTION
1.
(a)
There is established in Jasper County a board of commissioners, which shall be
the governing authority of Jasper County and shall be composed of five members
as provided in this section. For the purpose of electing members of the board,
Jasper County is divided into five commissioner districts which shall be and
correspond to those five numbered districts described in and attached to and
made a part of this Act and further identified as Plan Name: jasperp1 Plan
Type: Local User: staff Administrator: Jasper. 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 Jasper 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 Jasper 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. Except as otherwise provided in the
description of any commissioner district, whenever the description of such
district refers to a named city, it shall mean the geographical boundaries of
that city as shown on the census map for the United States decennial census of
2000 for the State of Georgia.
(b)(1)
One commissioner shall be elected from each commissioner district by the
electors residing solely within each respective district. A commissioner must
reside within the district from which such commissioner is elected. Candidates
for the office of commissioner shall certify at the time of their qualification
as candidates that they are residents of the commissioner district from which
they seek election.
(2)
In all elections conducted pursuant to this Act, each candidate shall designate,
at the time of qualifying, the district from which they offer as a candidate.
To be elected as a member of the board, a candidate must receive the highest
number of votes cast for the seat they are seeking; and, at the same time, a
candidate must receive a majority of the total votes cast for the election of a
commissioner to that seat. In the event no candidate for a particular seat
receives a majority of the votes for the seat the candidate is seeking, a
run-off election shall be conducted for that particular seat in accordance with
the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code,' as now or hereafter amended.
(c)
The members of the board of commissioners in office on January 1, 2008, shall
continue to serve until the expiration of the terms for which they were elected,
which terms shall expire December 31, 2008, and until successors are elected and
qualified. At the general election in 2008, the members of the board shall be
elected from Commissioner Districts 1 through 5 in accordance with the
provisions of subsection (a) of this section to take office on January 1, 2009,
for terms as set forth in this Act and until their successors are elected and
qualified. Thereafter, successors shall be elected in the general election in
the year in which the terms of office expire and shall take office on the first
day of January immediately following their election for terms as set forth in
this Act and until their successors are elected and qualified.
SECTION
2.
The
term of the members of the board of commissioners shall be four years and such
members shall be elected pursuant to Chapter 2 of Title 21 of the O.C.G.A., the
'Georgia Election Code.'
SECTION
3.
Any
three commissioners shall constitute a quorum for the transaction of business,
and they must concur to pass any order or decree.
SECTION
4.
The
board of commissioners shall have exclusive jurisdiction when sitting for county
purposes over the following subject matter:
(1)
Governing and controlling all the property of the county as they may deem
expedient, according to law;
(2)
In levying a general tax for general and a special tax for particular county
purposes, according to the provisions of the Code and the laws of
Georgia;
(3)
In establishing, altering and abolishing roads, bridges and ferries in
conformity to law;
(4)
In establishing and changing militia districts and election
precincts;
(5)
In examining and allowing all claims against the county;
(6)
In examining and auditing the accounts of all officers having the care,
management, keeping, collecting and disbursement of money belonging to the
county or appropriated for its use and benefit, and bringing them for a
settlement;
(7)
In making such rules and regulations for the support of the poor of the county
as are authorized by law, or not inconsistent therewith; and
(8)
In regulating peddling and fixing cost of license therefor, and such other
powers as were vested by law in the inferior court, when sitting for county
purposes, prior to the adoption of the present State Constitution, and shall
have no jurisdiction save and except such as pertain to county
matters.
SECTION
5.
Said
board of commissioners shall hold 12 regular sessions annually, to be held on
the first Monday of each month, unless such day is a legal holiday, then on such
day as the commissioners may direct, and at such times as the board of
commissioners shall establish; provided, nevertheless, that a majority of said
board may convene the same in extra sessions whenever in their judgment the same
may be necessary.
SECTION
6.
The
chairperson of the board of commissioners shall be elected by majority vote of
the commissioners at the first meeting of the board each year to serve a term of
one year and shall:
(1)
Preside at all meetings of the board;
(2)
Establish the agenda for each meeting of the board as directed by the individual
board members; and
(3)
Execute all approved documents as chief executive of Jasper County.
SECTION
7.
There
shall be elected, by majority vote of the members of the board of commissioners
at the first meeting of the board each year, a vice-chairperson who shall serve
a term of one year and shall perform those duties of the commission chairperson,
when said commission chairperson is in absentia.
SECTION
8.
Said
board of commissioners may elect a clerk to be known as the clerk of the board
of commissioners of Jasper County, may prescribe the duties, fix the
compensation as hereinafter provided and require a bond for the faithful
performance of the clerk´s duties, which said clerk shall hold office
during the pleasure of said board; and it shall be the duty of the clerk of said
board to attend the sessions of said commissioners, to keep a minute of the
proceedings in a well-bound book to be provided at the expense of the county,
and to perform such other duties as may be required by said board.
SECTION
9.
Said
board of commissioners may appoint a full-time manager to be known as the county
manager of Jasper County, may prescribe the duties, fix the compensation, and
require a bond for the faithful performance of the manager´s duties, which
said manager shall serve at the pleasure of said board; and it shall be the duty
of the county manager to attend the sessions of said commissioners, and to
perform such other duties as may be required by said board. At the
board´s discretion, the county manager may serve as the clerk of the board.
SECTION
10.
Said
board of commissioners or a majority of them shall have authority to approve all
official bonds formerly required of the justices of the inferior court, and sent
them by the Governor, with the dedimus to qualify such officers and deliver them
their commissions.
SECTION
11.
Said
board of commissioners shall be a body corporate, and may sue and be sued, plead
and be impleaded, in all matters within their jurisdiction, as herein defined,
but no judgment, order or decree of any court shall have effect against the
individual property of any member of said board, but shall constitute a charge
against said county.
SECTION
12.
Each
commissioner, before entering upon the discharge of their duties, shall be sworn
by each other, and a record thereof entered in the book of minutes to be kept by
them as hereinbefore provided, well and truly to discharge his or her duty as
such.
SECTION
13.
For
the terms of office beginning January 1, 2009, the chairperson of the board
shall receive the sum of $800.00 per month as base compensation. The other
members shall each receive the sum of $600.00 per month as base compensation for
their services. For all successive terms of office the compensation of the
chair and the other board members shall be set by home rule as authorized by
Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.
Expenses for official county business incurred outside of the county are to be
reimbursed to the commissioners at the same rate as county
employees.
SECTION
14.
Each
commissioner before entering upon the discharge of their duties, and each of
their successors in office, shall give bond in the sum of $2,000.00 payable to
the Governor of this State, said bonds be approved by the probate court judge of
Jasper County, conditioned upon the faithful performance of their
duty.
SECTION
15.
Said
board of commissioners are hereby authorized and directed to pay to the proper
officers the actual cost in the case where misdemeanor convicts are sentenced to
the work detail of said county, and served their term upon said work detail,
provided, they are sentenced to said work detail for a period of three months or
more.
SECTION
16.
(a)
In the event of a vacancy by death, resignation, permanent change of the
residence of a commissioner from the district from which said commissioner was
elected, or otherwise, such vacancy shall be filled for the remainder of the
term by appointment of a resident of the vacated commissioner district by a
majority vote of the remaining members of the board, provided the remaining term
of office is less than 12 months, or by special election if the remaining term
of office exceeds 12 months. Said election of the legal and qualified voters
of the commissioner district shall be governed by the law, rules and regulations
governing general elections. And the persons receiving the largest number of
votes shall serve the remainder of the term thus rendered vacant.
(b)
In the event a commissioner fails to attend six consecutive regular meetings,
except for reason of military service, the board may declare said
commissioner´s seat vacant, and said vacancy shall be filled in accordance
with subsection (a) of this section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.