SB 349 - Gilmer Co. Bd. of Comm. - create
Georgia Senate - 1995/1996 Sessions
SB 349 - Gilmer Co. Bd. of Comm. - create
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9
1. Ralston 51st
Senate Comm: SLGO / House Comm: L Leg /
Senate Vote: Yeas 51 Nays 0
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Senate Action House
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2/15/95 Read 1st time 2/21/95
2/20/95 Favorably Reported 3/8/95
Read 2nd Time 2/22/95
Read 3rd Time 3/8/95
2/20/95 Passed/Adopted 3/8/95
3/24/95 Sent To Governor
3/27/95 Signed by Governor
105 Act/Veto Number
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Effective Date: Sections 1,2,3,4,5,6,7,8,9,10,11 upon ratification; 3/27/95
Sections 12,13,14,15.
Code Sections amended:
SB 34995 LC 24 0120
SENATE BILL 349
By: Senator Ralston of the 51st
A BILL TO BE ENTITLED
AN ACT
1- 1 To create a board of commissioners of Gilmer County; to
1- 2 provide for the qualifications and elections of members; to
1- 3 provide for a chairperson; to provide for powers and duties
1- 4 and compensation and expenses of members; to provide
1- 5 additional powers for the chairperson; to provide for
1- 6 ordinances, rules, and regulations; to provide for a clerk;
1- 7 to provide for purchases; to provide for the disposition of
1- 8 used property; to provide for an orderly transition of
1- 9 office; to remove the current commissioners from office; to
1-10 repeal a specific Act; to provide for submission; to provide
1-11 for a referendum; to provide effective dates; 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 The terms of the commissioners of Gilmer County serving on
1-15 the effective date of this Act shall end when the new
1-16 commissioners elected pursuant to this Act take office.
SECTION 2.
1-17 (a) There is established in Gilmer County a board of
1-18 commissioners, which board shall be the governing authority
1-19 of said county and shall be composed of a chairperson and
1-20 two other members to be elected by a majority of the
1-21 qualified voters of the entire county voting in elections
1-22 held for that purpose. All such elections shall be held and
1-23 conducted as provided in Chapter 2 of Title 21 of the
1-24 O.C.G.A., the "Georgia Election Code."
1-25 (b) The chairperson and other members of said board of
1-26 commissioners shall have resided within Gilmer County at
1-27 least one year prior to their election. The chairperson
1-28 shall be at least 25 years of age prior to his or her
1-29 election and the other members shall be at least 21 years of
1-30 age prior to their election.
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2- 1 (c) For the purposes of electing the chairperson and other
2- 2 members of said board, candidates for chairperson shall
2- 3 offer as candidates for that office, and there shall be two
2- 4 commissioner posts, to be designated Post 1 and Post 2, for
2- 5 the other two commissioners. Candidates for commissioner
2- 6 shall designate the commissioner post for which they are
2- 7 offering. All candidates for chairperson and commissioner
2- 8 may reside anywhere within Gilmer County.
2- 9 (d) If legally possible, the first board of commissioners of
2-10 Gilmer County, as provided in this section, shall be elected
2-11 at a special election to be held on the Tuesday following
2-12 the first Monday in November, 1995, and shall take office on
2-13 the first day of January, 1996. The first commissioners
2-14 elected for Post 1 and Post 2 shall serve for a term of one
2-15 year and until their successors are elected and qualified.
2-16 Their successors shall be elected at the general election in
2-17 1996 and shall take office on January 1, 1997, for terms of
2-18 four years and until their successors are elected and
2-19 qualified. The first chairperson elected shall serve for a
2-20 term of five years and until his or her successor is elected
2-21 and qualified. If not legally possible to hold a special
2-22 election at this time, then such election shall be held on
2-23 the next possible date and the first Post 1 and Post 2
2-24 commissioners shall take office immediately thereafter for
2-25 terms to expire on January 1, 1997, and when their
2-26 successors are elected and qualified. The first chairperson
2-27 shall also take office after the first legally possible
2-28 election for a term to expire on January 1, 2001, and when
2-29 his or her successor is elected and qualified. Thereafter,
2-30 successors to members shall be elected at the general
2-31 election immediately preceding the expiration of the
2-32 members' terms of office and shall take office on the first
2-33 day of January immediately following their election for
2-34 terms of four years and until their successors are elected
2-35 and qualified.
2-36 (e)(1) In the event a vacancy occurs in the office of
2-37 any member of said board when more than six months
2-38 remain before the expiration of the term of office, it
2-39 shall be the duty of the election superintendent of
2-40 Gilmer County, within 15 days after such vacancy occurs,
2-41 to issue the call for a special election for the purpose
2-42 of filling such vacancy for the unexpired term. Any
2-43 such special election shall be governed by the
2-44 provisions of Chapter 2 of Title 21 of the O.C.G.A., the
2-45 "Georgia Election Code." In the event a vacancy occurs
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3- 1 in the office of any member of said board when six
3- 2 months or less remain before the expiration of the term
3- 3 of office, such vacancy shall not be filled, and the
3- 4 remaining members of the board of commissioners shall
3- 5 constitute the governing authority of Gilmer County
3- 6 until a successor is elected at the next general
3- 7 election. In the event all positions on the board of
3- 8 commissioners become vacant for any reason, the judge of
3- 9 the Probate Court of Gilmer County shall serve as the
3-10 governing authority of Gilmer County until such
3-11 vacancies are filled by special election or until new
3-12 members are elected at the general election as provided
3-13 in this Act.
3-14 (2) In addition to any other events creating a vacancy
3-15 on the board of commissioners, the office of a member of
3-16 the board shall be immediately vacated if the member
3-17 moves his or her residence from Gilmer County.
SECTION 3.
3-18 The chairperson of the board of commissioners shall be the
3-19 chief administrative officer of the county and shall devote
3-20 his or her full time to the duties of the office. The
3-21 chairperson shall receive an annual salary of $36,000.00
3-22 payable in equal monthly installments from the funds of
3-23 Gilmer County. The members of the board of commissioners
3-24 other than the chairperson shall serve part time and each
3-25 shall receive the sum of $3,600.00 per annum payable in
3-26 equal monthly installments from the funds of Gilmer County.
3-27 The compensation provided for in this section shall
3-28 constitute the entire compensation from the funds of Gilmer
3-29 County to which the chairperson and other members of the
3-30 board of commissioners shall be entitled. The chairperson
3-31 and other commissioners shall not be entitled to any
3-32 additional compensation for serving on any other public
3-33 boards or public authorities by virtue of their office. The
3-34 chairperson and members of the board of commissioners may be
3-35 reimbursed for reasonable expenses incurred in the discharge
3-36 of their duties. Such reimbursement shall only be made
3-37 after proper documentation has been provided to the county
3-38 clerk and upon approval by a majority of the board at a
3-39 regularly scheduled meeting.
SECTION 4.
3-40 (a) The chairperson and each member of said board, before
3-41 entering upon the discharge of his or her duties as such,
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4- 1 shall take and subscribe before the judge of the Probate
4- 2 Court of Gilmer County the following oath, to wit:
4- 3 "I do hereby solemnly swear that I will faithfully
4- 4 discharge the duties of commissioner of Gilmer County,
4- 5 Georgia, that I will account for all funds and property of
4- 6 said county coming into my possession, and that I will
4- 7 uphold to the best of my ability the ordinances and
4- 8 resolutions of Gilmer County, Georgia, and the laws and
4- 9 Constitutions of the State of Georgia and the United
4-10 States of America, so help me God."
4-11 (b) Such commissioners shall, before entering upon the
4-12 duties of their office, give a bond in the sum of $10,000.00
4-13 each, to be approved by the judge of the probate court, and
4-14 payable to the judge of the probate court and his or her
4-15 successors in office, conditioned upon the faithful
4-16 discharge of their duties and to account for all funds and
4-17 property of said county coming into their possession. The
4-18 surety on said bonds shall be a corporate surety company
4-19 authorized to do business in this state, and the premiums
4-20 therefor shall be paid from county funds.
SECTION 5.
4-21 Said board of commissioners shall hold a regular meeting for
4-22 the transaction of public business pertaining to county
4-23 matters which shall be held in an appropriate office of the
4-24 courthouse of Gilmer County on the first Tuesday in each
4-25 month of the year, but said board of commissioners may hold
4-26 sessions at any time it deems proper or upon the call of the
4-27 chairperson. The members of said board of commissioners
4-28 shall be authorized to administer oaths and hear testimony
4-29 as to all matters over which they have jurisdiction when
4-30 meeting to conduct business pertaining to the county.
SECTION 6.
4-31 All ordinances and resolutions adopted by the board of
4-32 commissioners of Gilmer County, Georgia, prior to the
4-33 effective date of this Act shall remain in full force and
4-34 effect and are not repealed, modified, or changed by this
4-35 Act.
SECTION 7.
4-36 The board of commissioners of Gilmer County, Georgia, is
4-37 authorized to enact ordinances, rules, resolutions, and
4-38 regulations implementing the powers granted by the
4-39 Constitution and laws of the State of Georgia to the
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5- 1 governing authorities of the various counties in the State
5- 2 of Georgia. The treasurer of Gilmer County or depository of
5- 3 said county shall not disburse or pay out any funds from the
5- 4 county treasury on any order unless the same shall have been
5- 5 approved and signed by the clerk and the chairperson of the
5- 6 board of commissioners, provided that this requirement shall
5- 7 not apply to the jury scrip issued by the clerk of the
5- 8 superior court and orders drawn by the judge of the superior
5- 9 court and district attorney. When the chairperson is
5-10 necessarily absent and cannot perform his or her duties,
5-11 either of the other two commissioners may approve
5-12 disbursements of county funds in place of the chairperson.
5-13 In addition, the board shall have the following powers and
5-14 duties:
5-15 (1) To cause the Code of Ordinances of Gilmer County to
5-16 be updated at least annually;
5-17 (2) To maintain, or cause to be maintained, an accurate
5-18 accounting of all financial affairs of the county and to
5-19 submit a report thereof to the people annually;
5-20 (3) To inspect, at least annually, roads, bridges,
5-21 buildings, or other public works of the county and to
5-22 submit a report of same to the people;
5-23 (4) To prepare annually and cause to be filed in the
5-24 permanent records of the county an inventory of all
5-25 county property, both real and personal, which inventory
5-26 shall show the amount of insurance coverage provided for
5-27 each building, vehicle, or other item of county
5-28 property;
5-29 (5) To undertake and transact such other business as is
5-30 necessary for the orderly conduct of county affairs; and
5-31 (6) To prepare and submit to the grand jury, at each
5-32 term of the Superior Court of Gilmer County, a report
5-33 which shall show the ad valorem taxes collected from
5-34 each district of said county and all other taxes
5-35 collected in each district and an itemized statement of
5-36 all receipts and expenditures and the source from whence
5-37 received and from whom received and to whom paid and for
5-38 what purpose same was expended and the vouchers therefor
5-39 and also the number and names of parties to whom paid
5-40 with correct itemized amounts so received and paid out.
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SECTION 8.
6- 1 (a) Two members of the board shall constitute a quorum. Two
6- 2 votes are required to pass any measure before the board.
6- 3 There shall be no proxy voting.
6- 4 (b) The chairperson of the board shall:
6- 5 (1) Preside at all meetings of the board and shall vote
6- 6 the same as other members of the board with the
6- 7 additional requirement that he or she should vote on all
6- 8 measures before the board;
6- 9 (2) Be recognized as the official head of Gilmer County
6-10 by state, federal, and other authorities for military
6-11 and ceremonial functions;
6-12 (3) See that all laws and ordinances of the county are
6-13 enforced; and
6-14 (4) Perform such other duties as may be required by the
6-15 board.
SECTION 9.
6-16 The board of commissioners shall appoint a clerk, whose
6-17 salary shall be determined by the board, to be paid monthly
6-18 out of the county treasury, and it shall be the duty of said
6-19 clerk to attend all meetings of the board of commissioners
6-20 and keep complete and orderly minutes of all such meetings.
6-21 The clerk shall file and keep in the order of their date all
6-22 original orders and papers, petitions, applications, and
6-23 other papers addressed to the board of commissioners
6-24 concerning county business. The clerk shall also keep on
N f record and in a separate book the payment of all money out
6-26 of the county treasury or county depository by order of the
6-27 chairperson of the board of commissioners, giving the amount
6-28 and date of said such payments and the persons to whom paid
6-29 and for what purposes paid. Said clerk shall also keep a
6-30 book showing a full and detailed statement of all accounts
6-31 and other indebtedness contracted by the board of
6-32 commissioners. All the books, files, and records required
6-33 to be used or kept in the office of the board of
6-34 commissioners shall always be ready and open to inspection
6-35 of any taxpayer of the county during normal working hours.
6-36 Said clerk before entering on the discharge of his or her
6-37 duties shall be required to give bond in an amount to be
6-38 determined by the board for the faithful performance of his
6-39 or her duties and shall take the same oath as required by
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7- 1 commissioners. Said clerk shall hold said office at the
7- 2 pleasure of the board of commissioners.
SECTION 10.
7- 3 (a) The board of commissioners may purchase necessary
7- 4 machinery, tools, equipment, supplies, and services
7- 5 (hereinafter referred to collectively as "goods and
7- 6 services") for county use. All purchases of goods and
7- 7 services, wherein the purchase price is expected to be in
7- 8 excess of $5,000.00, shall be made by a sealed competitive
7- 9 bid. Notice of the time and place where bids will be
7-10 received and opened shall be advertised in the local legal
7-11 organ of the county once each week for two consecutive weeks
7-12 immediately prior to the opening of such bids. Such notice
7-13 shall also include a description and specifications of the
7-14 item or items to be purchased. All bids shall be received
7-15 in sealed envelopes and shall be opened and thereafter filed
7-16 for two years in the office of the board of commissioners
7-17 for public inspection. Goods and services shall be
7-18 purchased from the lowest responsible bidder and in
7-19 determining the lowest responsible bidder such factors as
7-20 distance, past dealings, financial responsibility,
7-21 expertise, and experience may be taken into consideration.
7-22 This section shall not apply to the repair of goods.
7-23 (b) When any personal property with an acquisition value of
7-24 $500.00 or more owned by the county has become worn out,
7-25 useless, junk, or has been used to such an extent that it is
7-26 advisable to dispose of it, the board of commissioners will
7-27 certify in writing that such equipment is no longer useful
7-28 in the service of the county. Upon such certification, the
7-29 board of commissioners shall at public sale sell the
7-30 unserviceable property and remit the proceeds from the sale
7-31 to the treasury of the county. It shall be unlawful for the
7-32 office of the board of commissioners to sell such county
7-33 personal property except by competitive sealed bids or at
7-34 public auction after advertisement for such bids in the
7-35 official organ of Gilmer County once a week for two
7-36 consecutive weeks. Such advertisements shall give a complete
7-37 description of the property being offered for sale. The
7-38 highest of such bids may be accepted or rejected at the
7-39 discretion of the board of commissioners and, if rejected,
7-40 the sale shall continue from day to day until a satisfactory
7-41 bid is received. The high bidder shall pay 100 percent cash
7-42 at the time of sale. A file of all sealed bids received
7-43 shall be retained for a period of two years by the clerk of
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8- 1 the board of commissioners and shall be open to the public
8- 2 for inspection at any time within such two-year period. The
8- 3 board of commissioners may dispose of unserviceable county
8- 4 property having an acquisition value of less than $500.00 in
8- 5 any manner deemed in the best interest of the county. Any
8- 6 proceeds received therefrom will be deposited in the county
8- 7 treasury.
SECTION 11.
8- 8 An Act creating a board of commissioners of Gilmer County,
8- 9 approved March 28, 1988 (Ga. L. 1988, p. 4886), is repealed
8-10 in its entirety.
SECTION 12.
8-11 It shall be the duty of the governing authority of Gilmer
8-12 County to require the attorney therefor to submit this Act,
8-13 pursuant to Section 5 of the federal Voting Rights Act of
8-14 1965, as amended, to the United States Attorney General for
8-15 approval.
SECTION 13.
8-16 Unless prohibited by the federal Voting Rights Act of 1965,
8-17 as amended, the election superintendent of Gilmer County
8-18 shall call and conduct an election as provided in this
8-19 section for the purpose of submitting this Act to the
8-20 electors of Gilmer County for approval or rejection. The
8-21 election superintendent shall conduct this election on the
8-22 earliest date therefor permissible under Code Section
8-23 21-2-540 of the O.C.G.A. or, if any other Act enacted by
8-24 General Assembly of Georgia at the regular session in 1995
8-25 requires a referendum or special election in Gilmer County
8-26 in 1995, on the same date as such other referendum or
8-27 special election. The election superintendent shall issue
8-28 the call and conduct that election as provided by general
8-29 law. The superintendent shall cause the date and purpose of
8-30 the election to be published once a week for two weeks
8-31 immediately preceding the date thereof in the official organ
8-32 of Gilmer County. The ballot shall have written or printed
8-33 thereon the words:
8-34 "( ) YES Shall the Act be approved which removes the
8-35 current commissioners from office and changes
8-36 ( ) NO the governing authority of Gilmer County from
8-37 a five-member board of commissioners to a
8-38 three-member board of commissioners to be
8-39 composed of two commissioners and a
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9- 1 chairperson to be elected county wide?"
9- 2 All persons desiring to vote for approval of the Act shall
9- 3 vote "Yes," and those persons desiring to vote for rejection
9- 4 of the Act shall vote "No." If more than one-half of the
9- 5 votes cast on such question are for approval of the Act,
9- 6 then Sections 1 through 11 of this Act shall become
9- 7 effective for purposes of the election held pursuant to
9- 8 subsection (d) of Section 2 of this Act on the date the
9- 9 results are certified to the Secretary of State; and
9-10 Sections 1 through 11 of this Act shall become effective for
9-11 all purposes immediately following the election of the
9-12 three-member board of commissioners provided for in this
9-13 Act. If the Act is not so approved or if the election is
9-14 not conducted as provided in this section, this Act shall
9-15 not become effective and this Act shall be automatically
9-16 repealed on the first day of January immediately following
9-17 that election date.
9-18 The expense of such election shall be borne by Gilmer
9-19 County. It shall be the election superintendent's duty to
9-20 certify the result thereof to the Secretary of State.
SECTION 14.
9-21 Except as otherwise provided in Section 13 of this Act, this
9-22 Act shall become effective upon its approval by the Governor
9-23 or upon its becoming law without such approval.
SECTION 15.
9-24 All laws and parts of laws in conflict with this Act are
9-25 repealed.
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Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97