HB 1040 - White County; board of commissioners; re-create
Georgia House of Representatives - 1995/1996 Sessions
HB 1040 - White County; board of commissioners; re-create
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
1. Purcell 9th 2. Twiggs 8th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 144 Nays 0 Senate Vote: Yeas 44 Nays 0
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House Action Senate
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3/13/95 Read 1st Time 3/15/95
3/14/95 Read 2nd Time
3/15/95 Favorably Reported 3/17/95
3/15/95 Read 3rd Time
3/15/95 Passed/Adopted 3/17/95
3/27/95 Sent to Governor
3/29/95 Signed by Governor
145 Act/Veto Number
3/29/95 Effective Date
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Code Sections amended:
HB 1040 LC 22 1491
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act creating a board of commissioners of White
1- 2 County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as
1- 3 amended, so as to re-create the board of commissioners; to
1- 4 provide for a chairman and two members and their
1- 5 qualifications, election, terms of office, and compensation;
1- 6 to provide for filling vacancies; to provide for bonds,
1- 7 meetings, and powers and duties of the board; to provide for
1- 8 a clerk and a county administrator; to provide for related
1- 9 matters; to provide an effective date; to provide for a
1-10 referendum; to provide for automatic repeal; to repeal
1-11 conflicting laws; and for other purposes.
1-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-13 An Act creating a board of commissioners of White County,
1-14 approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended,
1-15 is amended by striking in their entirety Sections 1 through
1-16 11 and inserting in lieu thereof new sections to read as
1-17 follows:
"SECTION 1.
1-18 (a) There is created a board of commissioners of White
1-19 County to consist of a chairman and two other members to
1-20 be elected by the qualified voters of White County as
1-21 hereinafter provided.
1-22 (b) The chairman and other members of said board of
1-23 commissioners shall be qualified electors eligible to vote
1-24 for members of the General Assembly of Georgia and shall
1-25 have resided within White County at least one year prior
1-26 to their election.
SECTION 2.
1-27 (a) For the purposes of electing the chairman and other
1-28 members of said board, candidates for chairman shall offer
1-29 as candidates for that office, and there shall be two
1-30 commissioner posts, to be designated Post 1 and Post 2,
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LC 22 1491
2- 1 for the other two commissioners. Candidates for
2- 2 commissioner shall designate the commissioner post for
2- 3 which they are offering. All candidates for chairman and
2- 4 commissioner may reside anywhere within White County and
2- 5 shall be elected by a majority of the qualified voters of
2- 6 the entire county voting in the elections held for that
2- 7 purpose. All such elections shall be held and conducted
2- 8 as provided by law for the election of county officers.
2- 9 (b) The chairman and members of the board in office on the
2-10 effective date of this Act shall complete the terms for
2-11 which they were elected. The term of the chairman shall
2-12 expire on December 31, 1996, and when a successor is
2-13 elected and qualified. The chairman's successor shall be
2-14 elected in the general election in November, 1996, and
2-15 shall take office on the first day of January, 1997. The
2-16 term of the members of the board other than the chairman
2-17 shall expire on December 31, 1998, and when their
2-18 respective successors are elected and qualified. The
2-19 successors to the members of the board other than the
2-20 chairman shall be elected in the general election in
2-21 November, 1998, and shall take office on the first day of
2-22 January, 1999. Thereafter, successors shall be elected in
2-23 the November election preceding the expiration of the term
2-24 of office, and successors shall take office for terms of
2-25 four years on the first day of January immediately
2-26 following their election.
2-27 (c) In the event a vacancy occurs in the chairmanship or
2-28 other member of said board when more than six months
2-29 remain before the expiration of the term of office, it
2-30 shall be the duty of the probate judge of White County, as
2-31 election superintendent for the county, within 15 days
2-32 after such vacancy occurs, to issue the call for a special
2-33 election for the purpose of filling such vacancy. Any
2-34 such special election shall be governed by the provisions
2-35 of law providing for the holding and conducting of special
2-36 elections. In the event a vacancy occurs in the
2-37 chairmanship or other member of said board with six months
2-38 or less remaining before the expiration of the term of
2-39 office, the probate judge shall appoint a person qualified
2-40 for the office of chairman or for commissioner, as the
2-41 case may be, for the unexpired term.
SECTION 3.
2-42 The chairman and other members of the board of
2-43 commissioners of White County shall be commissioned by the
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LC 22 1491
3- 1 Governor of Georgia and shall make and subscribe, before
3- 2 any officer authorized to administer oaths, an oath for
3- 3 the faithful discharge of their duties and to account for
3- 4 all funds and property of said county coming into their
3- 5 possession. Such commissioners shall, before entering
3- 6 upon the duties of their office, give a bond in the sum of
3- 7 $10,000.00 each, to be approved by the probate judge, and
3- 8 payable to the probate judge and his or her successors in
3- 9 office, conditioned upon the faithful discharge of their
3-10 duties and to account for all funds and property of said
3-11 county coming into their possession. The surety on said
3-12 bonds shall be a corporate surety company authorized to do
3-13 business in this state, and the premiums therefor shall be
3-14 paid from county funds. Such bonds shall be filed in the
3-15 office of the probate judge and shall be recorded upon his
3-16 or her minutes.
SECTION 4.
3-17 Said board of commissioners shall hold a regular meeting
3-18 for the transaction of public business pertaining to
3-19 county matters which shall be held in an appropriate
3-20 office of the courthouse of White County or another
3-21 location within the county convenient to the citizens of
3-22 White County, on the first Tuesday in each month of the
3-23 year, but said board of commissioners may hold sessions at
3-24 any time they deem proper, upon the call of the chairman
3-25 or upon the written request of two commissioners. The
3-26 members of said board of commissioners shall be authorized
3-27 to administer oaths and hear testimony as to all matters
3-28 over which they have jurisdiction when meeting to conduct
3-29 business pertaining to the county.
SECTION 5.
3-30 (a) The board of commissioners shall employ a clerk and an
3-31 administrator, and any such other personnel as said board
3-32 deems necessary. All such personnel shall receive the
3-33 compensation fixed by the board which shall be paid from
3-34 county funds.
3-35 (b) It shall be the duty of the clerk of said board to
3-36 attend all meetings of the board of commissioners and keep
3-37 complete and orderly minutes of all such meetings. The
3-38 clerk shall file and keep in the order of their date all
3-39 original orders and papers, petitions, applications, and
3-40 other papers addressed to the board of commissioners
3-41 concerning county business. Said clerk shall also keep a
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LC 22 1491
4- 1 book showing all pending contracts pertaining to the board
4- 2 of commissioners. All the books, files, and records
4- 3 required to be used or kept in the office of the board of
4- 4 commissioners shall always be ready and open to inspection
4- 5 by any taxpayer of the county during normal working hours,
4- 6 subject to the provisions of Article 4 of Chapter 18 of
4- 7 Title 50 of the O.C.G.A., relating to open records, as now
4- 8 or hereafter amended. The clerk shall perform such other
4- 9 duties as may be directed by the board of commissioners.
4-10 Said clerk shall hold said office at the pleasure of the
4-11 board of commissioners.
4-12 (c) It shall be the duty of the county administrator to
4-13 perform responsible fiscal and administrative duties in
4-14 managing the affairs and transacting the business of White
4-15 County. The administrator shall perform or supervise the
4-16 performance of the accounting, budgeting, purchasing,
4-17 personnel, and county provided services, shall attend and
4-18 participate in board meetings, and shall work with elected
4-19 and appointed officials in the financing and operation of
4-20 the county government. The administrator shall also
4-21 prepare special reports, conduct studies, and hear and
4-22 resolve complaints as required. Said county administrator
4-23 shall hold said office at the pleasure of the board of
4-24 commissioners.
4-25 (d) Said clerk and administrator before entering on the
4-26 discharge of their duties shall be required to give bond
4-27 and take the same oath as required by commissioners which
4-28 bond shall be in the sum of $10,000.00 for the clerk and
4-29 the sum of $50,000.00 for the administrator, both payable
4-30 to the said board of commissioners for the faithful
4-31 performance of their duties. The surety on said bonds
4-32 shall be a corporate surety company authorized to do
4-33 business in this state, and the premiums therefor shall be
4-34 paid from county funds.
SECTION 6.
4-35 Two members of the board shall constitute a quorum and no
4-36 action shall be taken by the board without the concurring
4-37 vote of at least two members of said board. The chairman
4-38 of said board shall preside at meetings and shall perform
4-39 such duties and have such powers as are or may be
4-40 conferred upon him or her by law or authorized by said
4-41 board. The county administrator shall at each regular
4-42 meeting of said board report on the condition of the
4-43 county affairs and make to said board such recommendations
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LC 22 1491
5- 1 as he or she may deem proper. The board of commissioners
5- 2 shall set such rules and policies as may be necessary for
5- 3 the proper functioning of the board meetings. In all
5- 4 meetings and in all matters, the majority of the board
5- 5 members voting shall govern the actions of the board and
5- 6 each member thereof.
SECTION 7.
5- 7 (a) The chairman of the board of commissioners shall be
5- 8 the presiding officer at all meetings of the board unless
5- 9 said chairman is absent, in which event the remaining
5-10 commissioners shall elect between them a vice chairman to
5-11 preside at said meeting.
5-12 (b) The post members of the board of commissioners shall
5-13 receive a salary equal to 20 percent of the county
5-14 sheriff's base salary as now or hereafter provided by
5-15 general law, and the chairman of the board shall receive a
5-16 salary 20 percent higher than the post members of the
5-17 board. Said salaries shall be payable in equal monthly
5-18 installments out of the general funds of White County. The
5-19 chairman and each other member of the board shall also
5-20 receive an expense allowance for in-county travel of
5-21 $100.00 per month out of the funds of White County.
5-22 (c) The change in compensation provided by this section
5-23 shall become effective as to the chairman on January 1,
5-24 1997, and until such date the compensation of the chairman
5-25 shall be the same as provided by previous Acts. The change
5-26 in compensation as to the members of the board other than
5-27 the chairman shall become effective on January 1, 1999,
5-28 and until such date the compensation of such members shall
5-29 be the same as provided by previous Acts.
SECTION 8.
5-30 Said board of commissioners of White County shall have
5-31 exclusive jurisdiction and control over the following
5-32 matters, to wit: in controlling all of the property
5-33 belonging to said county as it may deem expedient
5-34 according to law, including the proceeds of the sale of
5-35 any and all bonds which may have heretofore been
5-36 authorized or which may hereafter be authorized in said
5-37 county; in supervising tax collector's and tax receiver's
5-38 books; in allowing the insolvent list of the county; in
5-39 settling all claims and accounts of officers having the
5-40 care, management, or disbursement of funds belonging to
5-41 the county and in bringing them to settlement; in
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LC 22 1491
6- 1 providing for the poor of the county; for the promotion of
6- 2 health as granted by law or not inconsistent with law; to
6- 3 levy taxes for county purposes; to examine the tax digest
6- 4 of said county for the correction of errors; in regulating
6- 5 or fixing license fees as may be provided by law; in
6- 6 requiring any county officer or department to submit
6- 7 budget information and budget requests; in maintaining and
6- 8 operating the county public correctional institution or
6- 9 other similar facility of the county as provided by law,
6-10 such as hiring and directing superintendents, wardens,
6-11 guards of convicts, and district road overseers; in
6-12 providing an annual budget and acting on all budgetary
6-13 matters and budgetary requests; to have and exercise all
6-14 the power heretofore vested in the ordinary of said county
6-15 when sitting for county purposes; and to exercise such
6-16 other powers and duties as are now or as may hereafter be
6-17 provided by law for governing authorities of counties, by
6-18 whatever name called, or as may be indispensable to their
6-19 jurisdiction over county matters and county finances.
SECTION 9.
6-20 The treasurer of White County or depository of said county
6-21 shall not disburse or pay out any funds from the county
6-22 treasury on any order unless the same shall have been
6-23 approved by the board of commissioners, provided this
6-24 requirement shall not apply to the jury scrip issued by
6-25 the clerk of the superior court and orders drawn by the
6-26 judge of the superior court and district attorney;
6-27 provided, further, that the board of commissioners may by
6-28 proper resolution prescribe rules and regulations which
6-29 provide for the signing of checks by a person or persons
6-30 other than the chairman for the disbursements of county
6-31 funds. Unless changed by proper resolution, only the
6-32 signature of the chairman of the board of commissioners
6-33 shall be required to disburse funds.
SECTION 10.
6-34 The fiscal year of the county shall begin on the first day
6-35 of July and end on the last day of June of the succeeding
6-36 year. Prior to the first day of September of each year,
6-37 the county commissioners shall have a complete audit made
6-38 by a certified public accountant of the fiscal affairs of
6-39 the county. The entire audit shall be furnished the
6-40 probate judge and the grand jury meeting after the audit
6-41 report has been completed. The probate judge shall post a
6-42 copy of the entire audit on the bulletin board at the
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LC 22 1491
7- 1 courthouse and shall notify the residents of White County
7- 2 that the audit is so posted and that the entire audit
7- 3 report may also be inspected in the office of the probate
7- 4 judge during business hours. The probate judge shall
7- 5 permit any interested person to inspect the audit report
7- 6 during business hours. A summary of the audit, which
7- 7 shall be prepared by the certified public accountant,
7- 8 shall be published in the official organ of the county as
7- 9 soon as it is available from the said certified public
7-10 accountant. The cost of all such publication in the
7-11 official organ of White County shall be paid by county
7-12 funds.
SECTION 11.
7-13 Said board shall have the authority to employ a competent
7-14 attorney at law as county attorney to advise the board and
7-15 represent the county in such matters as the board of
7-16 commissioners may direct, who shall be paid such salary or
7-17 compensation as may be fixed by the board, and said county
7-18 attorney shall serve at the pleasure of the board.
7-19 Whenever it is deemed necessary, said board may employ
7-20 additional counsel to assist the county attorney who shall
7-21 be paid such compensation as the board may direct out of
7-22 regular funds of the county."
SECTION 2.
7-23 Unless prohibited by the federal Voting Rights Act of 1965,
7-24 as amended, the election superintendent of White County
7-25 shall call and conduct an election as provided in this
7-26 section for the purpose of submitting this Act to the
7-27 electors of White County for approval or rejection. The
7-28 election superintendent shall conduct that election on the
7-29 date of and in conjunction with the March, 1996,
7-30 presidential preference primary election and shall issue the
7-31 call and conduct that election as provided by general law.
7-32 The superintendent shall cause the date and purpose of the
7-33 election to be published once a week for two weeks
7-34 immediately preceding the date thereof in the official organ
7-35 of White County. The ballot shall have written or printed
7-36 thereon the words:
7-37 "( ) YES Shall the Act be approved which re-creates the
7-38 ( ) NO board of commissioners of White County?"
7-39 All persons desiring to vote for approval of the Act shall
7-40 vote "Yes," and those persons desiring to vote for rejection
7-41 of the Act shall vote "No." If more than one-half of the
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LC 22 1491
8- 1 votes cast on such question are for approval of the Act, it
8- 2 shall become of full force and effect on January 1, 1997.
8- 3 If the Act is not so approved or if the election is not
8- 4 conducted as provided in this section, the remaining
8- 5 sections of this Act shall not become effective and this Act
8- 6 shall be automatically repealed on the first day of January
8- 7 immediately following that election date.
8- 8 The expense of such election shall be borne by White County.
8- 9 It shall be the election superintendent's duty to certify
8-10 the result thereof to the Secretary of State.
SECTION 3.
8-11 All laws and parts of laws in conflict with this Act are
8-12 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97