HB 1469 - Cobb County; board of commissioners
Georgia House of Representatives - 1995/1996 Sessions
HB 1469 - Cobb County; board of commissioners
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
1. Towery 30th 2. Coker 31st 3. Sauder 29th
4. Grindley 35th 5. Kaye 37th 6. Parsons 40th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 149 Nays 0 Senate Vote: Yeas Nays
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House Action Senate
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1/26/96 Read 1st Time 1/31/96
1/29/96 Read 2nd Time
1/30/96 Favorably Reported
1/30/96 Read 3rd Time
1/30/96 Passed/Adopted
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Code Sections amended:
HB 1469 LC 9 8614
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act creating the board of commissioners of Cobb
1- 2 County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p.
1- 3 2075), as amended, so as to change the title and
1- 4 compensation of the chairman; to provide that the chairman
1- 5 shall appoint the heads of the departments of the county; to
1- 6 provide for the duties of the chairman; to provide that the
1- 7 office of county manager may be created by the board of
1- 8 commissioners; to change the provisions relating to the
1- 9 county manager; to provide for other matters relating to the
1-10 heads of county departments and other county officials and
1-11 employees; to provide for related matters; to repeal
1-12 conflicting laws; and for other purposes.
1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-14 An Act creating the board of commissioners of Cobb County,
1-15 approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as
1-16 amended, is amended by striking subsection (a) of Section
1-17 2(A) in its entirety and inserting in lieu thereof a new
1-18 subsection (a) to read as follows:
1-19 "(a) The commission established in this subsection shall
1-20 consist of five members of which four members shall be
1-21 known as commissioners and one member shall be known as
1-22 the full-time chairman and chief executive officer. The
1-23 chairman shall be elected by the voters of the entire
1-24 county. The other four positions of the commission shall
1-25 be designated as Commissioner District 1, Commissioner
1-26 District 2, Commissioner District 3, and Commissioner
1-27 District 4. Only those persons who possess the
1-28 qualifications set forth hereinafter and who reside within
1-29 that district, as hereinafter described, shall be eligible
1-30 to offer for election to Commissioner Districts 1, 2, 3,
1-31 and 4. Persons offering for Commissioner Districts 1, 2,
1-32 3, and 4 shall be elected only by the qualified voters
1-33 residing within the respective commissioner districts for
1-34 which such persons offer as candidates."
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LC 9 8614
SECTION 2.
2- 1 Said Act is further amended by striking Section 8 and
2- 2 inserting in lieu thereof a new Section 8 to read as
2- 3 follows:
"SECTION 8.
2- 4 Compensation.
2- 5 (a) Commissioners, other than the chairman, shall be paid
2- 6 as their entire compensation for services as same the sum
2- 7 of $19,000.00 per annum, payable monthly, to be paid out
2- 8 of the county treasury upon warrants drawn upon the county
2- 9 treasury. The chairman shall receive as his or her entire
2-10 compensation the sum of $80,000.00 per annum, payable
2-11 monthly, also to be paid out of the county treasury upon
2-12 warrants drawn upon the county treasury. Except as
2-13 provided otherwise in this section, the salary so fixed
2-14 shall constitute the entire compensation from all sources
2-15 to which said chairman or any commissioner shall be
2-16 entitled. The chairman and the commissioners may be
2-17 reimbursed for reasonable expenses incurred in carrying
2-18 out their duties. Such expenses shall include the
2-19 following:
2-20 (1) Mileage reimbursement for the use of a personal
2-21 automobile while conducting county business;
2-22 (2) Secretarial services, if required, over and above
2-23 the services normally provided by the county; and
2-24 (3) Travel and lodging expenses and fees incurred in
2-25 conjunction with training seminars, conventions, or
2-26 county business conducted outside of Cobb County.
2-27 (b) Expenses may be reimbursed only after the submission
2-28 of receipts for said expenses to the county comptroller
2-29 and the approval by majority vote of the commission at a
2-30 regularly scheduled meeting. The chairman and
2-31 commissioners shall be entitled to compensation for
2-32 serving on any other boards or authorities for which their
2-33 membership is provided by law.
SECTION 3.
2-34 Said Act is further amended by striking Section 10 in its
2-35 entirety and inserting in lieu thereof a new Section 10 to
2-36 read as follows:
-2- (Index)
LC 9 8614
"SECTION 10.
3- 1 (a) The chairman shall be the chairman of the board of
3- 2 commissioners of the county, shall preside over meetings
3- 3 of the commission, shall appoint the vice chairman of the
3- 4 commission on an annual basis, shall appoint the committee
3- 5 chairmen, and shall appoint the heads of the departments
3- 6 of the county government with the consent of the
3- 7 commissioners.
3- 8 (b) The chairman shall be the chief executive officer of
3- 9 the county government. He or she shall be responsible to
3-10 the board of commissioners for the proper and efficient
3-11 administration of all affairs of the county, except as
3-12 otherwise provided by resolution of the board of
3-13 commissioners or except as otherwise provided by law. It
3-14 shall be the duty of the chairman to:
3-15 (1) See that all laws and ordinances of the county are
3-16 enforced;
3-17 (2) Exercise control over all departments or divisions
3-18 of the county which the board or chairman of the board
3-19 has heretofore exercised or that may hereafter be
3-20 created, except as otherwise provided in this Act;
3-21 (3) Keep the board of commissioners fully advised as to
3-22 the financial condition and needs of the county;
3-23 (4) Be responsible for the supervision and direction of
3-24 the official conduct of all board appointed county
3-25 officers and department heads, except as may be
3-26 otherwise provided in this Act;
3-27 (5) Be responsible for the supervision of the
3-28 performance of all contracts made by any person for work
3-29 done for Cobb County and to supervise and regulate all
3-30 purchases of materials and supplies for Cobb County
3-31 within such limitations and under such rules and
3-32 regulations as may be imposed by the board of
3-33 commissioners, provided that the chairman is authorized
3-34 to make purchases and contracts for the county in
3-35 amounts not exceeding $2,500.00; and
3-36 (6) Confer and advise with all other elected or
3-37 appointed officials of Cobb County who are not under the
3-38 immediate control of the board of commissioners but who
3-39 receive financial support from said board."
-3- (Index)
LC 9 8614
SECTION 4.
4- 1 Said Act is further amended by striking subsections (a),
4- 2 (b), and (c) of Section 10B in their entirety and inserting
4- 3 in lieu thereof new subsections (a) and (b) to read as
4- 4 follows:
4- 5 "(a) The board of commissioners, by resolution, may create
4- 6 the office of county manager of Cobb County who shall be
4- 7 appointed by the chairman with the consent of the
4- 8 commissioners. The qualifications, term of office, duties
4- 9 and responsibilities, compensation, procedure for removal
4-10 or suspension, method of filling vacancies, and other
4-11 related matters pertaining to the office of county manager
4-12 shall be provided for by resolution of the Board of
4-13 Commissioners of Cobb County and upon approval by the
4-14 chairman.
4-15 (b) In his or her discretion, the chairman of the Board of
4-16 Commissioners of Cobb County, with the approval of the
4-17 commission, may select a person for the office of county
4-18 manager solely upon the person's executive and
4-19 administrative qualifications with specific reference to
4-20 actual experience in or knowledge of accepted practices in
4-21 respect to the duties of the office. In his or her
4-22 discretion, the chairman of the board of commissioners may
4-23 require any person appointed to the office of county
4-24 manager to hold a bachelor's degree in business
4-25 administration, accounting, finance, or related fields and
4-26 possess at least three years' experience as a county or
4-27 city manager or as an assistant county or city manager; or
4-28 the chairman of the board of commissioners may require any
4-29 person appointed to the office of county manager to hold a
4-30 master's degree in any of the aforementioned fields and
4-31 possess at least two years' experience as a county or city
4-32 manager or as an assistant county or city manager."
SECTION 5.
4-33 Said Act is further amended by striking Section 13 in its
4-34 entirety and inserting in lieu thereof the following:
"SECTION 13.
4-35 Appointment of county
4-36 officials and employees.
4-37 (a) The chairman shall have authority to appoint and fix
4-38 the compensation of the appointive officers and employees
-4- (Index)
LC 9 8614
5- 1 of Cobb County subject to the following limitations and
5- 2 requirements:
5- 3 (1) The person appointed as an officer or employee shall
5- 4 have the qualifications that the office or position
5- 5 calls for when so specified in this Act;
5- 6 (2) The compensation fixed by the chairman, subject to
5- 7 approval or rejection by a majority of the board of
5- 8 commissioners in each and every case, shall be within
5- 9 budgetary provisions;
5-10 (3) All appointments shall be in accordance with the
5-11 civil service merit system laws of Cobb County, which
5-12 may now be in force or which may be adopted, when such
5-13 laws are applicable to such appointments; and
5-14 (4) The county attorney and county physician shall be
5-15 appointed by the board of commissioners, and their
5-16 compensation shall be fixed by the board of
5-17 commissioners.
5-18 (b) The commission, by majority vote, which majority may
5-19 be the chairman and any two members or may be any three
5-20 members of the commission, may remove from office or
5-21 employment any department head of Cobb County, provided
5-22 the removal of such department head is not otherwise
5-23 provided for by the civil service merit system laws of
5-24 Cobb County which may now be in force or which may be
5-25 adopted. At any time, the chairman may discharge a
5-26 department head; any department head so discharged may
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5-28 board of commissioners may, by majority vote, which
5-29 majority may be the chairman and any two members of the
5-30 commission or may be any three members of the commission,
5-31 grant or reject any appeal for just cause. Failure to
5-32 grant an appeal shall constitute discharge of the
5-33 department head.
5-34 (c) The provisions of subsections (a) and (b) of this
5-35 section shall not be construed to apply to members of
5-36 boards and commissions, and positions of employment in
5-37 connection therewith, when such boards and commissions
5-38 were created by law, nor to the elective county officers
5-39 of Cobb County and employees under their supervision and
5-40 control.
5-41 (d) It is specifically provided that the elective county
5-42 officers of Cobb County shall have the sole authority to
-5- (Index)
LC 9 8614
6- 1 appoint the personnel employed within their respective
6- 2 offices, subject to the civil service and merit system
6- 3 laws of Cobb County, which may now be in force or which
6- 4 may be adopted, when applicable to such personnel, but the
6- 5 commission, by majority vote, which majority may be the
6- 6 chairman and any two members or may be any three members
6- 7 of the commission, shall have the authority to approve or
6- 8 reject the salary recommended for each such employee."
SECTION 6.
6- 9 All laws and parts of laws in conflict with this Act are
6-10 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