LC
33 1623
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to local school superintendents, so as to provide for a
local school superintendent to be elected if provided for by local law; to
provide for terms of office for elected local school superintendents; to provide
for qualifications of elected local school superintendents; to provide for
filling of vacancies; to change certain provisions relating to compensation of
local school superintendents; to amend Code Section 21-5-3 of the Official Code
of Georgia Annotated, relating to definitions relative to ethics in government,
so as to include elected local school superintendents in the definition of
"public officer"; to provide for related matters; to provide a contingent
effective date; to provide for contingent automatic repeal; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to local school superintendents, is amended by revising Code Section 20-2-101,
relating to appointment of county school superintendents, as
follows:
"20-2-101.
(a)(1)
Unless elected pursuant to paragraph (2) of this subsection, superintendents
Superintendents
of each school system shall be employed by the local board of education under
written contracts for a term of not less than one year and not more than three
years. Any provision of any such contract which provides for an extension of the
duration of employment thereunder, whether automatic or contingent upon the
occurrence of one or more events, shall be void if that extension would result
in employment under the contract, as so extended, for a period which exceeds
three years.
Those
provisions of any local Act which authorize employment contracts with a school
superintendent which are of a duration which exceeds that authorized by this
subsection, which local Act became effective before, at the time of, or after
April 15, 1993, are repealed. Any contract entered into pursuant to the
provisions of a local Act repealed by the terms of the preceding sentence of
this subsection shall not be affected by such repeal for the duration of that
contract as specified immediately before April 15, 1993, as long as that
contract was valid at such time.
(2)
On and after January 1, 2009, a local school superintendent may be elected by
the qualified voters of their respective school system pursuant to a local law
enacted by the General Assembly in accordance with Article VIII, Section V,
Paragraph III of the Constitution. All elected local school superintendents
shall be elected for terms of four years beginning on January 1 following the
day of election. Each shall hold office until his or her successor is elected
and qualified. Elections for local school superintendents shall be held in
accordance with Chapter 2 of Title 21, the 'Georgia Election Code.'
(b)
No person shall be eligible to be
appointed,
or
employed, or
elected as superintendent of schools of
any county or independent school system unless such person is of good moral
character, has never been convicted of any crime involving moral turpitude, and
possesses acceptable business or management experience as specified by the
Professional Standards Commission or the minimum valid certificate or a letter
of eligibility for said certificate required by the Professional Standards
Commission.
(c)(1)
Appointed superintendents
Superintendents
shall have such additional qualifications as may be prescribed by local law or
policies of the local board for that school district, not inconsistent with the
provisions of this chapter.
(2)
Elected superintendents shall have such additional qualifications as may be
prescribed by local law for that school district, not inconsistent with the
provisions of this chapter.
(d)
This Code section shall not apply to any elected school superintendent in office
on January 1, 1993, during the term of office for which that person was
elected.
(e)(d)(1)
At any time during the 12 months immediately preceding the expiration of an
appointed
or
elected school superintendent´s
contract or
term of office, or when a vacancy in the
office of an
appointed school superintendent occurs,
the local board may appoint and employ a successor in accordance with the above
provisions of this Code section, notwithstanding that the terms of some or all
of the board members will expire before the employment of the superintendent so
appointed and employed begins.
Where a
local board of education decides to appoint and employ the incumbent elected
superintendent of the school district as the superintendent for a term beginning
during 1996 or thereafter, or to renew the contract of any appointed
superintendent, the board shall not be required to comply with the notice and
announcement provisions of subsection (d) of Code Section 20-2-211 or any local
policy adopted pursuant thereto.
(2)
In the event of a vacancy by death, resignation, or removal from office or from
any cause whatever in the office of an elected local school superintendent in
any local school system or upon the death or disqualification of a
superintendent-elect between the date of his or her election and the date that
he or she assumes office, the vacancy shall be filled as follows:
(A)
In the event of a vacancy by death, resignation, or removal from office or from
any other cause whatever, if there are less than six months remaining in the
unexpired term, the local board of education shall appoint an acting local
school superintendent for the unexpired term;
(B)
In the event there are more than six months remaining in the unexpired term, the
local board shall appoint an acting superintendent to serve for a period of 30
days and until the vacancy can be filled as provided in this subparagraph. In
such event, it shall be the duty of the judge of the probate court to issue a
call, within ten days after the vacancy occurs, for a special election to fill
the vacancy for the unexpired term. Such election shall be held in accordance
with Chapter 2 of Title 21, the 'Georgia Election Code'; or
(C)
In the event of the death or disqualification of a superintendent-elect
preceding the date that he or she was to have assumed office, it shall be the
duty of the judge of the probate court, within ten days after the death or
disqualification occurs, to issue the call for a special election to elect a
superintendent for the term to which the superintendent-elect was elected. Such
election shall be held in accordance with Chapter 2 of Title 21, the 'Georgia
Election Code.' The incumbent superintendent shall hold over until his or her
successor is elected as provided in this subparagraph.
(f)(e)
No substantive or procedural right regarding employment or termination of
employment of a superintendent
appointed
by a local school system shall be created by this Code section. Rather, the
terms and conditions of employment of
a
an
appointed school superintendent by a local
school system shall be determined exclusively by the contract between those
parties and may include, without being limited to, the conditions under and
procedures by which that contract may be terminated prior to the end of the term
of that contract."
SECTION
2.
Said
article is further amended by revising Code Section 20-2-108, relating to
certification and classification of local school superintendents and
compensation, as follows:
"20-2-108.
Each
local school superintendent shall be certified and classified by the
Professional Standards Commission
as teachers
are now
in the same
manner as teachers are classified and
certified under Code Section 20-2-200. The superintendents shall receive
salaries according to a schedule of minimum salaries fixed by the state board
based on classification and certification in the same manner teachers are paid
under Code Section 20-2-212; provided, however, that in no event shall the
salary of a superintendent be less than $27,000.00 per year, such salary to be
paid in equal monthly installments out of state
funds.;
and in
In
addition thereto, the local board of education shall allow additional
compensation
for appointed
superintendents for the services to be
rendered as may be in its judgment proper and
just; and
elected superintendents shall receive additional compensation in such amount as
may be authorized by local
Act."
SECTION
3.
Code
Section 21-5-3 of the Official Code of Georgia Annotated, relating to
definitions relative to ethics in government, is amended by revising paragraph
(22) as follows:
"(22)
'Public officer' means:
(A)
Every constitutional officer;
(B)
Every elected state official;
(C)
The executive head of every state department or agency, whether elected or
appointed;
(D)
Each member of the General Assembly;
(E)
The executive director of each state board, commission, or authority and the
members thereof;
(F)
Every elected county
official,
and
every elected member of a local board of
education, and
every elected local school superintendent;
and
(G)
Every elected municipal official."
SECTION
4.
This
Act shall become effective on January 1, 2009, conditioned upon the ratification
at the state-wide general election held in November, 2008, of an amendment to
Article VIII, Section V, Paragraph III of the Constitution providing that the
General Assembly may provide by law for the election of a local school
superintendent of any local school system by the qualified voters of the local
school system affected. If such amendment is not so ratified, this Act shall
not become effective and shall stand repealed on January 1, 2009.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.