08 LC 28
3809
House
Bill 899
By:
Representatives Jacobs of the
80th,
Millar of the
79th,
Chambers of the
81st,
and Levitas of the
82nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating
to organization of county government, so as to provide a short title; to provide
that the General Assembly may create chief executive officer/county commission
forms of government for county governing authorities; to limit the powers of the
chief executive officer in such form of government; to provide for an exception
for existing chief executive officer/county commission forms of government; to
provide for a referendum to make existing chief executive officer/county
commission forms subject to such limitation; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 36 of the Official Code of Georgia Annotated, relating to
organization of county government, is amended by adding a new Article 1 to read
as follows:
"ARTICLE
1
36-5-1.
This
article shall be known and may be cited as the 'County Chief Executive Officer
Accountability Act.'
36-5-2.
(a)
The General Assembly by local Act may create chief executive officer/county
commission forms of government for county governing authorities, provided that
the chief executive officer shall not have the power:
(1)
To preside over meetings of the county commission;
(2)
To set the agenda for meetings of the county commission;
(3)
To veto ordinances and other actions of the county commission; or
(4)
To vote on any matter at a meeting of the county commission.
(b)
Except as otherwise provided in this Code section, this Code section shall not
apply to counties which have an existing chief executive officer/county
commission form of government on July 1, 2008.
(c)(1)
Each county which has an existing chief executive officer/county commission form
of government on July 1, 2008, shall submit to the electors of the county at the
November 2008 general election in a referendum the question of whether this Code
section shall apply to the county governing authority. Such referendum shall be
called and conducted in accordance with the provisions of Chapter 2 of Title 21.
The election superintendent shall cause the date and purpose of the referendum
to be published once a week for two weeks immediately preceding the date thereof
in the official organ of the county. The ballot shall have written or printed
thereon the words:
|
"( ) YES
( ) NO
|
Shall
the provisions of the 'County Chief Executive Officer Accountability Act,' which
remove the power of the chief executive officer to preside over meetings of the
county commission, to set the agenda for meetings of the county commission, to
veto ordinances and other actions of the county commission, and to vote at
meetings of the county commission, be made applicable to _________
County?"
|
All
persons desiring to vote in favor of the question shall vote "Yes," and all
persons desiring to vote against the question shall vote "No."
(2)
If more than one-half of the votes cast on such question are in favor of the
question, this Code section shall apply to such county and become of full force
and effect on January 1, 2009. In such cases, the county commission shall
establish by ordinance or resolution procedures for the selection of a presiding
officer and the establishing of agenda for meetings of the county commission.
If the question is not so approved or if the election is not conducted as
provided in this section, this Code section shall not apply to such
county.
(3)
The expense of such election shall be borne by the county. It shall be the
election superintendent´s duty to certify the result thereof to the
Secretary of State."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.