07 LC 28
3667
House
Bill 785
By:
Representative Hudson of the
124th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the Board of Commissioners of Hancock County, approved
October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, so as to
consolidate the amendatory Acts into one Act and to modernize and update such
Act; 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 Hancock County, approved October 5,
1885 (Ga. L. 1884-85, p. 435), as amended, is amended by striking
Sections I through XI of the Act and inserting in lieu thereof the
following:
"SECTION
1.
(a)
The Board of Commissioners of Hancock County which exists on the effective date
of this Act is continued in existence but on and after the effective date of
this Act shall be constituted as provided in this Act. The Board of
Commissioners of Hancock County so continued and constituted, sometimes referred
to in this Act as the 'board,' shall continue to have the powers, duties,
rights, obligations, and liabilities of the Board of Commissioners of Hancock
County as it existed immediately prior to the effective date of this Act and
shall be subject to all constitutional and statutory provisions relating to
boards of county commissioners not in conflict with this Act.
(b)
The board shall consist of five members who shall be elected from commissioner
districts described in subsection (c) of this section except for the chairperson
who shall be elected at large as provided in subsection (e) of this
section.
(c)
For purposes of electing members of the board, other than the chairperson,
Hancock County is divided into four commissioner districts. One member of the
board shall be elected from each such district. Those districts shall consist
of the following described territory of Hancock County:
Commissioner
District: 1
HANCOCK
COUNTY
VTD:
0001 SPARTA (Part)
Tract:
9802.
Block(s):
168, 169, 170, 175, 177, 178, 183, 185, 186,
187,
188B, 188C, 189B, 407B, 408A, 408B, 409,
410,
411, 412, 419B, 420B, 450, 451, 452, 453, 454,
455
Tract:
9803.
Block(s):
105
VTD:
0002 DEVEREUX (Part)
Tract:
9802.
Block(s):
179, 180, 181, 182, 184
Tract:
9803.
Block(s):
101, 102, 103, 104, 106, 107, 108, 123, 124,
125,
126, 128, 129, 130, 131, 132, 133, 134, 135,
136,
137, 138, 139, 140, 141, 142, 143, 144, 145,
146,
147, 148, 149, 150, 151, 152, 153, 154, 155,
156,
164, 165, 166, 167, 168, 169, 170, 171, 172,
173,
174, 175, 176, 177, 178, 179, 180, 181, 182,
183,
184, 185, 186, 187, 188, 189, 190, 191, 192,
193,
194, 195, 196, 197
Tract:
9804.
Block(s):
119, 120, 121, 122, 123, 124, 125, 126, 127
Commissioner
District: 2
HANCOCK
COUNTY
VTD:
0001 SPARTA (Part)
Tract:
9801.
Block(s):
163, 164, 165, 166, 167, 168, 169, 179, 180,
185,
186, 187
Tract:
9802.
Block(s):
160, 161, 162, 165, 166, 167, 188A, 189A,
190B,
190C, 191, 192A, 192B, 193, 201, 202, 203,
205,
206, 207, 208, 209, 210, 211, 212, 213, 215,
216,
313A, 317, 318, 319, 320, 321, 322, 323, 324,
325,
326, 327, 328A, 328B, 329, 330, 332, 333, 334,
335,
343, 344, 404, 405, 406, 407A, 413, 414, 415,
416,
417, 418, 419A, 420A, 421, 422, 424, 425, 426,
427,
428, 429, 430, 431, 432, 433, 434, 435, 436,
437,
438, 439, 440, 441, 442, 443A, 443B, 444A,
444B,
445, 446, 449, 456
VTD:
0002 DEVEREUX (Part)
Tract:
9802.
Block(s):
340, 341, 342, 345, 347, 457, 458
Tract:
9803.
Block(s):
109, 110, 111, 112, 121, 122, 127, 157, 158,
159,
160, 161, 162, 163
Tract:
9804.
Block(s):
115, 116
VTD:
0003 LINTON (Part)
Tract:
9802.
Block(s):
336, 337, 338, 339, 346, 348, 349, 383, 385,
386,
387, 390, 391, 392, 393, 394, 396, 397, 447,
448
Tract:
9803.
Block(s):
113, 114, 115, 116, 117, 118, 119, 120
Tract:
9804.
Block(s):
101, 102, 103, 104, 105, 106, 107, 108, 109,
110,
111, 112, 113, 114, 117, 118, 128, 129, 130,
131,
132, 133, 134, 135, 136, 137, 138, 139, 140,
141,
142, 143, 144, 145, 146, 147, 148, 149, 150,
151,
152, 153, 154, 155, 156, 157, 158, 159, 160,
161,
162, 163, 164, 165, 166, 167, 168, 169, 170,
171,
172, 173, 174, 175, 176, 177, 178, 179, 180
VTD:
0004 MAYFIELD-JEWELL (Part)
Tract:
9801.
Block(s):
148, 149, 150, 151, 152, 153, 154, 155, 156,
157,
158, 159, 160, 161, 162, 170, 171, 172, 173,
174,
177, 178, 222, 223, 231, 232
Commissioner
District: 3
HANCOCK
COUNTY
VTD:
0001 SPARTA (Part)
Tract:
9801.
Block(s):
181, 182, 242, 243, 244, 248, 249, 250, 251,
252,
253, 254, 255
Tract:
9802.
Block(s):
147, 148, 149, 157A, 158, 159, 171, 172,
173,
174, 176, 303, 372
VTD:
0002 DEVEREUX (Part)
Tract:
9802.
Block(s):
141, 142, 143, 144, 194, 195
VTD:
0003 LINTON (Part)
Tract:
9802.
Block(s):
376
VTD:
0004 MAYFIELD-JEWELL (Part)
Tract:
9801.
Block(s):
124, 125, 126, 127, 128, 129, 130, 131, 132,
133,
134, 135, 136, 137, 138, 139, 140, 141, 142,
143,
144, 145, 146, 147, 175, 176, 188, 189, 201,
202,
203, 204, 205, 206, 207, 208, 209, 210, 211,
212,
213, 214, 215, 216, 217, 218, 219, 220, 221,
224,
225, 226, 227, 228, 229, 230, 233, 234, 235,
236,
237, 238, 239, 240, 241, 245, 246, 247
VTD:
0005 MT. ZION
VTD:
0006 SPRINGFIELD
Commissioner
District: 4
HANCOCK
COUNTY
VTD:
0001 SPARTA (Part)
Tract:
9801.
Block(s):
183, 184
Tract:
9802.
Block(s):
190A, 204A, 204B, 204C, 214A, 214B, 217,
218,
219A, 219B, 220, 221, 222A, 222B, 223, 224A,
224B,
225A, 225B, 226, 227A, 227B, 228, 229,
230,
231, 232, 233, 234, 235, 301, 302, 304, 305,
306,
307, 308, 309, 310, 311, 312, 313B, 314, 315,
316,
331, 351, 352, 353, 354, 355, 356, 357, 358,
359,
360, 369, 370, 371, 401, 402, 403, 423
VTD:
0003 LINTON (Part)
Tract:
9802.
Block(s):
350, 361, 362, 363, 364, 365, 366, 367, 368,
373,
374, 375, 377, 378, 379, 380, 381, 382, 384,
388,
389, 395
(d)
For purposes of subsection (c) of this section:
(1)
The terms 'Tract,' 'Block,' and 'VTD' 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 1990 for the State of
Georgia;
(2)
The term 'Precinct' is synonymous with the term 'voting precinct' and means a
geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the
O.C.G.A. within which all electors vote at one polling place;
(3)
Whenever the description of any commissioner 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 1990 for the State of
Georgia;
(4)
Precinct names and designations following VTD designations are included for
convenience only; and in the event that the description of any commissioner
district contains a conflict between the geographical boundaries of any VTD and
the boundaries of the following named precinct, the geographical boundary of the
VTD as shown on the census maps for the United States decennial census of 1990
for the State of Georgia shall control;
(5)
Any part of Hancock County which is not included in any commissioner district
described in subsection (c) of this section shall be included within that
commissioner district contiguous to such part which contains the least
population according to the United States decennial census of 1990 for the State
of Georgia; and
(6)
Any part of Hancock County which is described in subsection (c) of this section
as being included in a particular commissioner district shall nevertheless not
be included within such commissioner district if such part is not contiguous to
such commissioner district. Such noncontiguous part shall instead be included
within that commissioner district contiguous to such part which contains the
least population according to the United States decennial census of 1990 for the
State of Georgia.
(e)
In order to be elected as a member of the board from a commissioner district, a
person shall have resided in that district for at least 12 months prior to
election thereto and shall receive a majority of the votes cast for that office
in that commissioner district only and not at large. Only electors who are
residents of that commissioner district may vote for a member of the board for
that district. At the time of qualifying for election as a member of the board
from a commissioner district, each candidate for such office shall specify the
commissioner district for which that person is a candidate. A person elected as
a member of the board from a commissioner district shall continue to reside in
that district during that person´s term of office or that office shall
become vacant. The chairperson of the board may reside anywhere within Hancock
County and shall receive a majority of the votes cast for such office in all of
Hancock County. The chairperson shall continue to reside within Hancock County
during that person´s term of office or that office shall become
vacant.
(f)
Successors to members of the Board of Commissioners of Hancock County in office
on the effective date of this Act shall be elected at the state-wide November
general election in 2008 for a term of fours years to begin on January 1, 2009,
and which shall expire on December 31, 2012. Successors to such members whose
terms are to expire shall be elected at the state-wide general election
immediately preceding the expiration of such terms, shall take office the first
day of January immediately following that election, and shall serve terms of
office of four years. Members of the board shall serve for the terms of office
specified in this section and until their respective successors are elected and
qualified.
(g)
All members of the board shall be nominated and elected in accordance with
Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(h)
In the event of any vacancy in any office of the board of commissioners, when
such vacancy occurs at least 60 days before the first general election occurring
within the term of the office which is vacant, the judge of the probate court of
the county shall appoint someone from that commissioner district to fill such
vacancy until a successor is elected and qualified in such first general
election to serve out such unexpired term. When a vacancy occurs after such 60
days, the judge of the probate court of the county shall appoint someone from
that commissioner district to serve out the unexpired term of the office which
is vacant.
(i)
Any member of the board of county commissioners shall be removed from office
upon conviction in any court of competent jurisdiction of treason against the
state, embezzlement of public funds, malfeasance in office, bribery, larceny, or
any crime involving moral turpitude punishable by the laws of this state with
imprisonment in the penitentiary. Upon such final conviction, the office of
such member shall be vacated immediately without further action.
SECTION
2.
No
person shall be competent to serve on such board until he or she shall take the
following oath of office, which shall be administered by the judge of the
Probate Court of Hancock County or a judge of the Superior Court of Hancock
County: 'You and each of you do solemnly swear that you will faithfully
discharge the duties of a member of the Board of Commissioners of Hancock
County, and in all matters which require your official action, you will so act
as in your judgment will be most conducive to the welfare and prosperity of the
entire county,' which oath shall be recorded in the minutes of the board and
subscribed to by such person.
SECTION
3.
The
Board of Commissioners of Hancock County shall hold at least two meetings each
month, such meetings to be held during the first and third weeks of each month,
and shall keep a record of their proceedings and shall submit the same to the
inspection of the grand jury at each regular term of the superior court. The
board may hold special sessions, besides the regular monthly sessions, whenever
the interests of the county demand it. The clerk of the superior court shall be
ex officio clerk of the board and shall receive the same fees for his or her
services rendered now allowed by law for recording proceedings of the superior
court, to be paid on the order of the board.
SECTION
4.
The
board, when sitting for county purposes, shall have exclusive jurisdiction over
the following subject matters:
(1)
In governing and controlling all county property as they may deem best according
to law and letting, hiring, or farming out the county convicts of such
county;
(2)
In levying taxes for county purposes in accordance with law;
(3)
In examining, auditing, allowing, and settling all claims against the
county;
(4)
In examining and auditing the accounts of all officers or persons having the
care, management, keeping, collecting, or disbursement of money belonging to the
county or appropriated for its use and bringing them to a
settlement;
(5)
In making such rules and regulations for the support of the paupers and the
promotion of health in the county as are not inconsistent with the laws of this
state;
(6)
In establishing, altering, abolishing, and opening roads, bridges, and ferries
in accordance with law;
(7)
In granting or refusing to grant licenses to sell spirituous liquors in the
county in their discretion according to law; and
(8)
In the appointment of road commissioners and in the general management of the
roads, bridges, and revenues of the county and to exercise all the power over
county officers in such county.
SECTION
5.
The
county shall not disburse nor pay out any of the funds in the county treasury
unless authorized by the board of commissioners.
SECTION
6.
(a)
The chairperson of the Board of Commissioners of Hancock County shall devote his
or her full time to the duties of the office. The chairperson shall be the
administrative and executive officer of the board. All five members of the
board, however, shall have an equal vote in all matters pertaining to the
affairs of Hancock County. This shall include, but not be limited to, the power
to hire, appoint, discipline, and discharge all county employees. The decision
as to whether to hire, appoint, discipline, or discharge a county employee shall
be determined by a majority vote of the members of the Hancock County Board of
Commissioners. The chairperson of the Hancock County Board of Commissioners
shall not have the unilateral authority to hire, appoint, discipline, or
discharge county employees.
(b)(1)
The chairperson shall carry out, execute, and enforce the ordinances, policies,
rules, and regulations of the Hancock County Board of Commissioners when such
ordinances, policies, rules, and regulations are enacted by a majority of the
members of the Hancock County Board of Commissioners. No single member of the
board shall, directly or indirectly, order, instruct, or otherwise attempt to
control the actions of county personnel as such actions shall be subject to the
administrative and supervisory control of a majority of the members of the
Hancock County Board of Commissioners.
(2)
Subject to the approval of the board, the chairperson shall have the power to
change, consolidate, or abolish any departments, agencies, or offices over which
the chairperson exercises supervision and control. Subject to the approval of
the board, the chairperson may create other departments, agencies, or offices,
which departments, agencies, or offices, when created, shall be under the
supervision and control of the chairperson.
(c)(1)
The chairperson and other members of the board of commissioners shall be
compensated as follows:
(A)
The person serving as chairperson of the board of commissioners shall receive a
base annual salary of $30,000.00;
(B)
Each member of the board of commissioners, other than the chairperson, shall
receive a base annual salary of $4,500.00; and
(C)
The chairperson shall receive an expense allowance of $1,500.00 per annum, and
the other members of the board shall receive an expense allowance of $300.00 per
annum.
(2)
Beginning on January 1, 1999, and continuing thereafter, in any year that the
sheriff of Hancock County receives a cost-of-living increase or general
performance based increase of a certain percentage or a certain amount pursuant
to the provisions of paragraph (2) of subsection (a) of Code Section 15-16-20 of
the O.C.G.A., the amount of the effective base annual salaries provided in
paragraphs (A) and (B) of paragraph (1) of this subsection, plus any previous
cost-of-living increase in salaries received by such persons serving as
chairperson or members of the board pursuant to the provisions of this
paragraph, shall be increased by the same such percentage or same such amount
applicable to the sheriff. Such increase in salaries shall become effective on
the same date that the increase to which the sheriff is entitled to becomes
effective.
(3)
The salary amounts provided in paragraph (1) of this subsection as increased by
paragraph (2) of this subsection shall be increased for each member by
multiplying such amounts by the percentage which equals 5 percent times the
number of completed four-year terms of office served by such person as a member
of the board of commissioners after December 31, 1983, effective the first day
of January following the completion of each such period of service.
(d)
All checks of the county must bear the signatures of three commissioners serving
on the Hancock County Board of Commissioners. The chairperson of the Hancock
County Board of Commissioners shall not be required to be a signer.
SECTION
7.
(a)
It shall be the duty of the Board of Commissioners of Hancock County to have
annual certified audits conducted of the financial affairs, books, and records
of Hancock County. Such certified audits shall be made in accordance with the
generally accepted auditing and accounting procedures as recognized by the
Georgia Society of Certified Public Accountants and the American Institute of
Certified Public Accountants. The person or persons making such audits shall be
a member or members of, and in good standing with, the Georgia Society of
Certified Public Accountants and the American Institute of Certified Public
Accountants.
(b)
The auditor so employed shall make the audits provided for herein in accordance
with generally accepted accounting procedures and principles and shall submit a
complete and final report and audit to the board of commissioners by not later
than 60 days after the close of the fiscal year of Hancock County. All audits
provided for herein shall be certified to include and shall include, but shall
not be limited to, a full and complete audit containing a balance sheet, profit
and loss statement, a detailed statement of all receipts and disbursements, and
a statement showing all indebtedness of the county and its departments and
agencies. Such audit shall, in addition to showing a complete audit on a county
basis, contain a separate audit for each department and agency of the county
government. In the statement of receipts and disbursements, such auditor shall
list the names of the persons, firms, or corporations who received a total of
$100.00 or more during the preceding quarter and fiscal year and also the
purpose or purposes for which such amounts were disbursed. Should such auditor
discover any violation of the laws of Georgia or any irregularities in any of
the finances or accounts of the county or its departments or agencies, it shall
be the duty of the auditor to immediately report such violation or irregularity
to the board of commissioners and to the grand jury then in session, or if no
grand jury is in session, then to the first grand jury convened after such
violations or irregularities are discovered.
(c)
All audits as provided for herein shall be reproduced in sufficient number, and
five copies shall be delivered and filed with the clerk of the Superior Court of
Hancock County, and such copies shall be maintained in the clerk´s office
for public inspection. The office of the board of commissioners and the records
maintained therein shall be open to inspection by the public during normal
office hours.
(d)
All expenditures in excess of $100.00 shall be published in the legal organ of
Hancock County within 60 days after the close of each quarter in the fiscal
year. The list of expenditures shall show:
(1)
The date, voucher number, and amount of each expenditure;
(2)
The name of the person, firm, or corporation receiving the disbursements;
and
(3)
The purposes for which the funds were disbursed.
All
annual audits shall be published in the legal organ of Hancock County within 90
days after the end of the fiscal year.
(e)
The compensation of such auditor shall be fixed by agreement between the board
of commissioners and the auditor selected to make such audit. Such compensation
shall be payable from the funds of Hancock County.
(f)
Any other provisions of this section to the contrary notwithstanding, all
receipts and disbursements of $50.00 or more shall be verified by the auditor;
all receipts and disbursements from $5.00 to $50.00 need not be verified and may
be listed as uncertified; and all receipts and disbursements of less than $5.00
may be combined and listed under miscellaneous receipts and disbursements, as
the case may be, without verification.
SECTION
8.
All
official oaths and official bonds required by law to be taken and executed by
the judge of the probate court, sheriff, tax commissioner, and coroner of the
county shall be approved by such board, or a majority of board members, and
filed in their office and recorded in a book of official bonds kept by them for
that purpose after having been executed before and attested by the clerk of such
board or the judge of the probate court of the county or a judge of the Superior
Court of Hancock County.
SECTION
9.
In
all matters pending before such board requiring official investigation, the
board shall have the same power to summon witnesses, administer oaths, procure
documentary evidence, compel the attendance of witnesses, and punish for
contempt as other courts of record in this state."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.