08 LC 38
0524
Senate
Bill 467
By:
Senator Hooks of the 14th
AS
PASSED
AN
ACT
To
amend an Act creating the Board of Commissioners of Roads and Revenues for Upson
County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended,
particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4388), so as to
provide for matters under the exclusive jurisdiction and control of the board of
commissioners; to provide for the appointment of a county manager and county
clerk; to provide for the duties and compensation for a county manager and
county clerk; 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 Roads and Revenues for Upson County,
approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an
Act approved April 16, 1999 (Ga. L. 1999, p. 4388), is amended by striking in
its entirety Section 6 and inserting a new Section 6 to read as
follows:
"SECTION
6.
(a)
There is created the position of county manager of Upson County. The county
manager shall be the chief administrative officer and head of the administrative
branch of county government. The Board of Commissioners of Upson County shall
select and appoint a county manager, who shall receive such compensation as may
be prescribed by the board of commissioners. The county manager must devote all
of such officer´s working time and attention to the affairs of the county
and shall be responsible to the board of commissioners for the efficient
administration of all of the affairs of the county over which such officer has
jurisdiction.
(b)
Such person shall be of good character and of proven executive ability and
experience. The county manager shall be chosen by the board of commissioners
solely on the basis of such person´s executive and administrative
qualifications with special reference to such person´s actual experience in
or such person´s knowledge of accepted practice with respect to the duties
of such person´s office as provided for in this section. At the time of
such person´s appointment such person need not be a resident of the county
or state but, during such person´s tenure of office, such person shall
reside within the county. No person elected to membership on the board of
commissioners shall, subsequent to such election, be eligible for appointment as
county manager until one year has elapsed following the expiration of the
commissioner term for which such person was elected.
(c)
The county manager shall be appointed for an indefinite term and shall serve at
the pleasure of the board of commissioners. Any action of the board in
suspending or removing the county manager shall be final.
(d)
The board of commissioners may designate a person or persons to perform the
functions and duties of the county manager during the absence, disability, or
suspension of the county manager. Vacancies in the office of county manager
shall be filled by the board of commissioners as early as practicable and, until
such vacancy is filled, the board of commissioners shall have full power to make
a temporary appointment or to perform the functions and duties of such
office.
(e)
The county manager shall have the following duties, powers, and
authority:
(1)
To supervise the administration of the affairs of the county and to see that the
ordinances, resolutions, and regulations of the board of commissioners and the
laws of the state are faithfully executed and enforced;
(2)
To hire and remove all employees of the county under the jurisdiction of the
board of commissioners, except the county attorney, county auditor, county
clerk, and members of the boards, commissions, and authorities, who shall be
hired and removed by the board of commissioners. Department heads should be
selected and removed after communication with the board of
commissioners;
(3)
To exercise administrative authority and supervision over all departments and
personnel under the jurisdiction of the board of commissioners;
(4)
To require reports from heads of departments and other employees entrusted with
administrative duties or exercising discretion. The county manager shall have
at all times the authority to examine all books and records of every officer and
department of the county under the jurisdiction of the board of
commissioners;
(5)
To attend all meetings of the board of commissioners with a right to take part
in the discussions but having no vote, and to attend such other meetings
involving county government as the board of commissioners may
direct;
(6)
To recommend to the board of commissioners for adoption such measures as the
county manager may deem necessary or expedient;
(7)
To supervise the performance of all contracts made by any person, company, or
corporation for work done for the board of commissioners;
(8)
To be the purchasing agent of materials and supplies for the county under such
rules and regulations as may be imposed by the board of commissioners. The
county manager may designate another person to be purchasing agent. If such
purchasing agent is a person other than the county manager, that person, before
entering upon the discharge of such person´s duties, shall execute a bond
with a solvent surety company licensed to do business in Upson County in an
amount to be approved by the board of commissioners but not less than
$50,000.00, payable to Upson County, conditioned for the faithful performance of
such person´s duties and to secure against corruption, malfeasance,
misappropriation, or unlawful expenditure. The premium on such bond shall be
paid for by Upson County;
(9)(A)
To submit to the board of commissioners with assistance from the county
accountant or county financial officer, no later than the last day of the eighth
month of each fiscal year, a budget plan and calendar for developing a proposed
budget for the ensuing fiscal year; and to formulate and submit to the board of
commissioners, no later than the last day of the tenth month of each fiscal
year, a proposed budget for the ensuing fiscal year and an accompanying
explanation.
(B)
The county manager´s explanation shall explain the budget both in fiscal
terms and in terms of the work programs. It shall outline the proposed
financial policies of the county for the ensuing fiscal year, describe the
important features of the budget, indicate any major changes from the current
year in financial policies, expenditures, and revenues, together with the
reasons for such changes, summarize the county´s debt position, and include
such other material as the county manager deems desirable.
(C)
The proposed budget shall provide a complete financial plan of all county funds
and activities for the ensuing fiscal year and, except as required by law, shall
be in such form as the board of commissioners may require. The proposed budget
shall, at a minimum, include a clear general summary of its contents and show in
detail all estimated income, indicating the proposed property tax levy and all
proposed expenditures, including debt service, for the ensuing fiscal year. It
shall indicate in separate sections:
(i)
Proposed capital expenditures during the ensuing fiscal year, detailed for each
fund by organization unit when practicable, and the proposed method of financing
each such capital expenditure; and
(ii)
The anticipated income and expense and surplus or deficit for the ensuing year
for each utility or other enterprise fund operated by the county.
(D)
The county manager shall consult with the heads of county departments,
constitutional officers, and the county planning commission and shall prepare
and submit to the board of commissioners a proposed five-year capital program
each year. It shall be submitted to the board of commissioners by the county
manager simultaneously with submission of the proposed budget for the ensuing
fiscal year. The capital program shall include:
(i)
A clear general summary of its contents;
(ii)
A list of all capital improvements and other capital expenditures which are
proposed to be undertaken during the five fiscal years next ensuing, with
appropriate supporting information as to the necessity for each;
(iii)
Cost estimates and recommended time schedules for each improvement or other
capital expenditure;
(iv)
The method of financing upon which each capital expenditure is to be reliant;
and
(v)
The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired;
(10)
To keep the board of commissioners fully advised at all times as to the
financial condition and needs of the county;
(11)
To make or cause to be made a full written report to the board of commissioners
each month showing the operations and expenditures of each department of the
county government for the preceding month;
(12)
To serve as personnel director in the supervision and administration of the
county´s personnel system for county employees;
(13)
To delegate purely administrative duties to subordinates in the county
government whose work the county manager shall supervise and direct; provided,
however, that the delegation or assignment of duties to subordinates shall not
relieve the county manager of responsibility for administration of county
affairs;
(14)
To develop or supervise the development of applications for and administer
grants such as the Community Development Block Grant, and grants from the
Georgia Department of Community Affairs, the Environmental Protection Agency,
the Georgia Department of Transportation, and any other state or federal
granting agencies;
(15)
To act as liaison between the board of commissioners and the public by
responding to inquiries and resolving conflicts; and
(16)
To perform such other duties as may be prescribed by this Act or other duties as
may from time to time be required by the board of commissioners.
(f)
The county manager, before entering upon the discharge of the duties of county
manager, shall execute a bond with a solvent surety company licensed to do
business in Upson County in an amount to be approved by the board of
commissioners but not less than $50,000.00, payable to Upson County, conditioned
for the faithful performance of such officer´s duties and to secure against
corruption, malfeasance, misappropriation, or unlawful expenditure. The premium
on such bond shall be paid for by Upson County.
(g)
The county manager shall not engage in or be concerned with local partisan
politics or any local political campaign. The county manager shall not
contribute to any local campaign fund or solicit funds for local political
purposes from any other person. The county manager shall not be eligible for
election as a member of the Board of Commissioners of Upson County for a period
of one year after termination of service as county manager.
(h)
Except for the purpose of inquiry and investigation, the board of commissioners
shall deal with county employees who are subject to appointment and removal by
the county manager solely through the county manager and shall not give orders
or directions to any such employee, either publicly or privately, directly or
indirectly."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.