07 LC 21
9113/AP
House
Bill 677 (AS PASSED HOUSE AND SENATE)
By:
Representatives Bearden of the
68th,
Butler of the
18th,
and Nix of the
69th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for an advisory referendum election to be held in Carroll County for the
purpose of determining whether the county governing authority should employ a
county manager to conduct the daily business of the county; to provide for the
question of whether such a system, if adopted, should include a full-time or
part-time chairperson of the county commission; to provide that if the electors
approve the employment of a county manager, the county commission shall vote on
a resolution requesting the Carroll County legislative delegation to implement
the suggestions; to provide that, if such vote is unanimous, the county
commission shall transmit a copy of such resolution to each member of the
Carroll County legislative delegation; to provide for a declaration of public
purpose; to provide for the submission of this Act to the United States
Department of Justice for preclearance; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the election
superintendent of Carroll County shall call and conduct an election as provided
in this section for the purpose of submitting an advisory question to the voters
of Carroll County. The election superintendent shall conduct that election on
the Tuesday next following the first Monday in November, 2007, and shall issue
the call and conduct that election as provided by general law. The
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 Carroll County. The ballot shall have written or printed thereon the
words:
|
"( ) YES
( ) NO
|
Do
you favor the employment of a county manager to conduct the daily business of
Carroll County?"
|
|
"( ) PART-TIME
( ) FULL-TIME
|
If
a county manager is employed to conduct the daily business of Carroll county,
should the position of chairperson of the Carroll County Board of Commissioners
be a part-time or full-time position?"
|
All
persons desiring to vote for approval of the employment of a county manager
shall vote "Yes," and those persons desiring to vote for rejection of the
proposition shall vote "No." All persons shall then mark “Part-Time”
or “Full-Time” to express a preference of a part-time or full-time
chairperson of the Carroll County Board of Commissioners. The expense of such
election shall be borne by Carroll County. It shall be the election
superintendent´s duty to certify the result thereof to the Secretary of
State.
SECTION
2.
(a)
If a majority of the votes cast at the advisory referendum election provided for
in Section 1 of this Act are in favor of the employment of a county
manager, then the Carroll County Board of Commissioners shall consider a
resolution requesting the Carroll County legislative delegation to enact local
legislation approving the employment of a county manager and adopting the
electors´ expressed preference for either a part-time or a full-time
chairperson.
(b) If the Carroll County Board of Commissioners unanimously adopts the resolution provided for in subsection (a) of this section, the chairperson of the commission shall cause a copy of such resolution to be transmitted to each member of the Carroll County legislative delegation.
(b) If the Carroll County Board of Commissioners unanimously adopts the resolution provided for in subsection (a) of this section, the chairperson of the commission shall cause a copy of such resolution to be transmitted to each member of the Carroll County legislative delegation.
SECTION
3.
It
is found, determined, and declared that the holding of the advisory referendum
election provided for in this Act is in all respects for the benefit of the
people of Carroll County and is for a public purpose and is an essential
governmental function for which public funds may be expended.
SECTION
4.
The
governing authority of Carroll 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 45 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.