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| SB 355 - Clayton Collaborative Auth. - create |
First Reader Summary
A bill to create the Clayton Collaborative Authority; to declare
the need for the authority; to declare the purposes and
objectives of the authority; to provide for the powers of the
authority; to provide for the membership of the authority; to
provide for the terms of office of the authority members; to
provide for the election of officers, quorum, bylaws, procedures,
and meetings; to provide for compensation of members.
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| Senate
| Action
| House
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| 3/6/97
| Read 1st time
| 3/13/97
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| 3/11/97
| Favorably Reported
| 3/17/97
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| Read 2nd Time
| 3/14/97
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| Read 3rd Time
| 3/17/97
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| 3/11/97
| Passed/Adopted
| 3/17/97
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| 4/1/97
| Sent To Governor
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| 4/4/97
| Signed by Governor
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| 109
| Act/Veto Number
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| 4/4/97
| Effective Date
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SB 355 97 SB355/AP
SENATE BILL 355
By: Senators Starr of the 44th and Glanton of the 34th
A BILL TO BE ENTITLED
AN ACT
1- 1 An Act to create the Clayton Collaborative Authority; to
1- 2 declare the need for the authority; to declare the purposes
1- 3 and objectives of the authority; to provide for the powers
1- 4 of the authority; to provide for the membership of the
1- 5 authority; to provide for the terms of office of the
1- 6 authority members; to provide for the election of officers,
1- 7 quorum, bylaws, procedures, and meetings; to provide for
1- 8 compensation of members; to provide for filling of
1- 9 vacancies; to provide for removal of members; to provide for
1-10 the appointment and compensation of an executive director
1-11 and for other administrative officers and employees of the
1-12 authority; to provide that no member or officer or employee
1-13 of the authority shall have any financial dealings with the
1-14 authority; to provide that any member or officer or employee
1-15 having financial dealings with the authority shall be
1-16 subject to removal; to provide for the execution of
1-17 contracts, leases, and other legal documents; to provide for
1-18 the location of the authority; to provide that the property
1-19 of the authority shall be deemed to be public property; to
1-20 provide that the funds of the authority shall be used only
1-21 for purposes consistent with the purposes of this Act; to
1-22 provide for immunity from liability; to provide for rights
1-23 of personnel; to provide for dissolution; to provide for
1-24 service of process; to provide for severability; to repeal
1-25 conflicting laws; and for other purposes.
1-26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-27 SECTION 1.
1-28 Creation of authority.
1-29 There is created the Clayton Collaborative Authority,
1-30 referred to in this Act as the "authority." The authority
1-31 shall be an instrumentality and political subdivision of the
1-32 State of Georgia.
-1-
2- 1 SECTION 2.
2- 2 As used in this Act, the term:
2- 3 (1) "Authority" means the Clayton Collaborative
2- 4 Authority created by this Act.
2- 5 (2) "Council" means the Georgia Policy Council for
2- 6 Children and Families created by Code Section 49-5-253
2- 7 of the O.C.G.A.
2- 8 (3) "County" means Clayton County.
2- 9 SECTION 3.
2-10 Determination of need for the authority.
2-11 It is determined and declared that Georgia cannot afford the
2-12 staggering human and financial costs associated with teenage
2-13 pregnancies, child abuse and neglect, juvenile crime, low
2-14 birth weight babies, and poor school performance. There is
2-15 the need for organizations such as this authority to
2-16 coordinate with the state to achieve the best possible
2-17 outcomes of the state's initiatives, to respond to the
2-18 public's demand for successful results, to increase the
2-19 authority and responsibility of the Clayton County
2-20 community, to streamline the county government for its
2-21 citizens, to optimize current financial resources, to create
2-22 a single point of accountability, and to inject sound
2-23 business principles into governmental practice. It is
2-24 further determined and declared that the establishment of an
2-25 authority is necessary and essential to insure the welfare,
2-26 safety, and convenience of citizens of the county.
2-27 SECTION 4.
2-28 Declaration of goals.
2-29 The authority seeks to achieve the following important goals
2-30 for the benefit of children and families in the county:
2-31 improved child health, improved child development, improved
2-32 family functioning, improved school performance, and
2-33 improved family economic capacity.
2-34 SECTION 5.
2-35 Declaration of purposes.
2-36 The authority shall be organized and at all times thereafter
2-37 operated exclusively for public charitable uses and purposes
2-38 within the meaning of Section 501(c)(3) of the Internal
2-39 Revenue Code. Those purposes shall include, without
2-40 limitation, the following:
-2-
3- 1 (1) To achieve a core set of results for children and
3- 2 families defined jointly by the authority and the
3- 3 council;
3- 4 (2) To develop, adopt, submit to the council for
3- 5 approval, and from time to time amend a comprehensive
3- 6 plan for public and private agencies to deal effectively
3- 7 with the problems of children, youth, and families in
3- 8 the county in order to achieve the goals and objectives
3- 9 described in the bylaws of the authority and in Code
3-10 Section 49-5-251 of the O.C.G.A.;
3-11 (3) To coordinate, evaluate, and provide services and
3-12 assistance in implementing and carrying out the
3-13 comprehensive plan developed by the authority under
3-14 paragraph (2) of this section; and
3-15 (4) To contract with public and private agencies for the
3-16 charitable purposes described in the articles of
3-17 incorporation of the authority and these bylaws and for
3-18 such public and private agencies to provide programs and
3-19 services for children, youth, and families in order to
3-20 carry out the provisions of the comprehensive plan
3-21 developed by the authority.
3-22 SECTION 6.
3-23 Declaration of powers.
3-24 In furtherance of its charitable goals and purposes as a
3-25 community partnership organization, the authority shall have
3-26 full power and authority:
3-27 (1) To have an authority seal and alter the same at its
3-28 pleasure;
3-29 (2) To acquire, hold, and dispose of in its own name by
3-30 purchase, gift, lease, or exchange, on such terms and
3-31 conditions and in such manner and by such instrument as
3-32 it may deem proper, real and personal property of every
3-33 kind, character, and description; provided, however,
3-34 that the authority shall not have the power to acquire
3-35 any real or personal property by condemnation or eminent
3-36 domain;
3-37 (3) To procure insurance against any loss in connection
3-38 with its property and other assets of the authority;
3-39 (4) To make contracts and to execute all instruments
3-40 necessary or convenient in connection therewith;
-3-
4- 1 (5) To adopt, alter, or repeal its own bylaws, rules,
4- 2 and regulations governing the manner in which its
4- 3 business may be transacted and in which the power
4- 4 granted to it may be enjoyed, as the authority may deem
4- 5 necessary or expedient in facilitating its business;
4- 6 (6) To receive, accept, and utilize gifts, grants,
4- 7 donations, or contributions of money, property,
4- 8 facilities, or services, with or without consideration,
4- 9 from any person, firm, corporation, foundation, or other
4-10 entity or from the state or any agency, instrumentality,
4-11 or political subdivision thereof or from the United
4-12 States or any agency or instrumentality thereof;
4-13 (7) To select, appoint, and employ professional,
4-14 administrative, clerical, or other personnel and to
4-15 contract for professional or other services and to allow
4-16 suitable compensation for such personnel and services;
4-17 (8) To make distributions to organizations that qualify
4-18 as exempt organizations under Section 501(c)(3) of the
4-19 Internal Revenue Code;
4-20 (9) To make distributions for other charitable purposes;
4-21 provided, however, that the provisions of this paragraph
4-22 and paragraph (8) of this section shall be subject to
4-23 the provisions of Article III, Section VI, Paragraph VI
4-24 of the Georgia Constitution relating to the granting of
4-25 gratuities;
4-26 (10) To distribute property exclusively for charitable
4-27 purposes in accordance with the terms of gifts,
4-28 bequests, or devises to the authority not inconsistent
4-29 with its purposes, as set forth in this Act or in
4-30 accordance with determinations made by the board of
4-31 trustees pursuant to this Act and bylaws of the
4-32 authority;
4-33 (11) To provide any and all services for children,
4-34 youth, and families on behalf of public or private
4-35 agencies as may be reasonably necessary or desirable to
4-36 carry out effectively programs and services called for
4-37 by the comprehensive plan developed by the authority
4-38 under Article 12 of Chapter 5 of Title 49 of the
4-39 O.C.G.A., the "Georgia Policy Council for Children and
4-40 Families Act";
4-41 (12) To do all things necessary or convenient to carry
4-42 out the powers and purposes of the authority which are
-4-
5- 1 expressly provided for in Article 12 of Chapter 5 of
5- 2 Title 49 of the O.C.G.A., the "Georgia Policy Council
5- 3 for Children and Families Act"; and
5- 4 (13) To perform all other acts necessary or incidental
5- 5 to the acts specified in this section and to do whatever
5- 6 is deemed necessary, useful, advisable, or conducive,
5- 7 directly or indirectly, as determined by the board of
5- 8 trustees, to achieve the goals of the authority and to
5- 9 carry out any of its purposes, as set forth in this Act
5-10 and the bylaws, including the exercise of all other
5-11 power and authority enjoyed by community partnership
5-12 organizations under Article 12 of Chapter 5 of Title 49
5-13 of the O.C.G.A., the "Georgia Policy Council for
5-14 Children and Families Act," and by corporations
5-15 generally by virtue of the provisions of Chapter 3 of
5-16 Title 14 of the O.C.G.A., the "Georgia Nonprofit
5-17 Corporation Code," subject to the limitations of Section
5-18 501(c)(3) of the Internal Revenue Code. The authority
5-19 shall not be limited in its capacity of service to
5-20 children and families in Clayton County, but shall have
5-21 full power and authority to engage in charitable
5-22 programs and activities on behalf and for the benefit of
5-23 such children and families. The authority shall serve
5-24 only such purposes and functions and shall engage only
5-25 in such activities as are consistent with the purposes
5-26 set forth in this Act and as are exclusively charitable
5-27 and entitled to charitable status under Section
5-28 501(c)(3) of the Internal Revenue Code.
5-29 SECTION 7.
5-30 Members of the authority.
5-31 The authority shall be composed of not less than 21 members
5-32 nor more than 30 members consisting of the initial board of
5-33 trustees of the authority, who shall be referred to as
5-34 "designated members," and members appointed by the
5-35 designated members. The designated members shall be those
5-36 persons or their respective representatives holding the
5-37 following positions: Clayton County School Superintendent,
5-38 director of the Clayton County School District, president of
5-39 the Clayton County Department of Family & Children Services,
5-40 chief executive officer or president of Clayton College and
5-41 State University, chief executive officer of the Southern
5-42 Regional Medical Center, Inc., Presiding Judge of the
5-43 Clayton County Juvenile Court, director of the Clayton
5-44 County Juvenile Court, president of the Clayton County
-5-
6- 1 Health Department, executive director of the Clayton County
6- 2 Chamber of Commerce, extension director of the Clayton
6- 3 County United Way, executive director of the Clayton County
6- 4 Extension Service, chairperson of the Clayton County
6- 5 Community Service Authority, executive director and
6- 6 chairperson of the Clayton County Board of Commissioners,
6- 7 and director of the Clayton Community Foundation. In making
6- 8 appointments to the authority, the board of trustees shall
6- 9 ensure that appointments reflect the cultural and social
6-10 characteristics including gender, race, ethnic, and age
6-11 characteristics of the population of the county. The board
6-12 of trustees shall also include consumers who are natural
6-13 persons receiving services or who have a spouse or child
6-14 receiving services as contemplated in this Act. Consumers
6-15 shall make up not less than one-third of the membership of
6-16 the board of trustees. The make-up of the designated members
6-17 may be altered and the number of members of the board of
6-18 trustees may increase or decrease by duly adopted resolution
6-19 of the board of trustees.
6-20 SECTION 8.
6-21 Terms of appointment.
6-22 Not less than one-half of the members appointed by the
6-23 designated members shall be appointed for initial terms
6-24 ending on December 31, 1998, and the remaining members
6-25 appointed by the designated members shall be appointed for
6-26 initial terms ending on December 31, 2000. Thereafter, all
6-27 members appointed by the designated members shall be
6-28 appointed for a term of four years each and shall serve
6-29 until their successors are authorized to take their
6-30 membership positions on the authority.
6-31 SECTION 9.
6-32 Compensation of members.
6-33 The members shall receive no compensation but shall be
6-34 reimbursed from the funds of the authority for reasonable
6-35 and necessary expenses incurred in pursuing the business of
6-36 the authority.
6-37 SECTION 10.
6-38 Vacancies in authority.
6-39 Should an appointed member vacate his or her office either
6-40 by resignation, death, removal as provided in Section 11 of
6-41 this Act, or for any other reason, the remaining members
6-42 shall, as soon as practicable thereafter, appoint another
6-43 person as a member of the authority to complete the term of
-6-
7- 1 the vacating member. Until such time as a new member is
7- 2 appointed, the total number of members of the authority for
7- 3 the purposes of determining a quorum shall not include the
7- 4 vacating member.
7- 5 SECTION 11.
7- 6 Removal of members.
7- 7 Any member may be removed from office for good cause
7- 8 affecting his or her ability to perform his or her duties as
7- 9 a member, for misfeasance, malfeasance, or nonfeasance in
7-10 office, or for violating the conflicts of interest
7-11 provisions of this Act by vote of a majority of the board of
7-12 trustees, but only after a public hearing at which such
7-13 member is given the right to present evidence on his or her
7-14 own behalf and only upon a finding by a majority of the
7-15 board of trustees that good cause for removal affecting the
7-16 member's ability to perform his or her duties as a member
7-17 exists, that he or she was guilty of misfeasance,
7-18 malfeasance or nonfeasance in office, or that he or she
7-19 violated the conflicts of interest provisions of this Act.
7-20 SECTION 12.
7-21 Election of officers, quorum, bylaws,
7-22 procedures, and meetings.
7-23 After the appointment of all members as provided in Section
7-24 7 of this Act, the full membership of the authority shall
7-25 meet as soon as practicable and shall elect one of its
7-26 members as chairperson and one as vice chairperson, each of
7-27 whom shall continue as voting members in such positions for
7-28 the succeeding year and until their successors are elected.
7-29 Thereafter, a chairperson and vice chairperson shall be
7-30 elected in the same manner each year to serve for the
7-31 succeeding year and until their successors are elected. The
7-32 chairperson shall preside at meetings of the authority and
7-33 the vice chairperson shall preside in his or her absence,
7-34 and they shall have such other powers, duties, and
7-35 responsibilities as are set out elsewhere in this Act and in
7-36 the bylaws of the authority. The authority shall also
7-37 designate a secretary to keep the minutes and records of the
7-38 authority. A majority of the members of the authority shall
7-39 constitute a quorum. A majority of the quorum may exercise
7-40 any and all powers of the authority. The authority shall,
7-41 as soon as practicable, adopt its own bylaws, rules of
7-42 procedure, and rules of conduct of its business. The
7-43 authority shall meet at least once a month and at such other
7-44 times as it may deem necessary.
-7-
8- 1 SECTION 13.
8- 2 Parliamentary authority.
8- 3 Robert's Rules of Order, Revised shall constitute the ruling
8- 4 authority in all cases where such authority is not
8- 5 inconsistent with provisions of this Act, the bylaws of the
8- 6 authority, or laws of the state.
8- 7 SECTION 14.
8- 8 Executive director and other administrative
8- 9 officers and employees.
8-10 The authority may appoint and fix the compensation of an
8-11 executive director under such terms and conditions as it
8-12 deems appropriate. The executive director shall be the
8-13 chief executive and operating officer of the authority. The
8-14 executive director shall have had experience as a business
8-15 executive, preferably in connection with the social
8-16 services. Under the supervision of the authority, the
8-17 executive director shall be responsible for the operation,
8-18 management, and promotion of all activities with which the
8-19 authority is charged under this Act, together with such
8-20 other duties as may be prescribed by the authority, and
8-21 shall have such powers as are necessarily incident to the
8-22 performance of the director's duties and such others as may
8-23 be granted by the authority. Additionally, the authority
8-24 may in a like manner appoint and fix the compensation of
8-25 such other administrative officers and employees under such
8-26 terms and conditions as it shall consider necessary and
8-27 appropriate to effectuate its purposes under this Act.
8-28 SECTION 15.
8-29 Advisory committee.
8-30 An advisory committee shall be created and members thereof
8-31 appointed by the board of trustees. The purpose of the
8-32 advisory committee shall be to raise public awareness and
8-33 otherwise involve the community in activities of the
8-34 authority as more fully set forth in the bylaws of the
8-35 authority. The advisory committee may adopt bylaws as
8-36 approved by the board of trustees for the purpose of
8-37 carrying out the directions of the board of trustees.
8-38 SECTION 16.
8-39 Conflicts of interest.
8-40 No member of the authority or officer or employee thereof
8-41 shall have a personal financial interest, direct or
8-42 indirect, in any contract with the authority, or be
-8-
9- 1 financially interested, directly or indirectly, in the sale
9- 2 to the authority of any lands, material, supplies, or
9- 3 services except on behalf of the authority as a member,
9- 4 officer, or employee thereof. Any violation of this
9- 5 provision by a member of the authority shall be grounds for
9- 6 removal pursuant to Section 11 of this Act. Any violation
9- 7 of this provision by the executive director or any officer
9- 8 or employee of the authority shall be grounds for removal by
9- 9 the authority.
9-10 SECTION 17.
9-11 Execution of contracts, leases, and other legal instruments.
9-12 Any and all contracts, leases, obligations, agreements, and
9-13 other legal instruments of the authority shall be approved
9-14 by resolution of the authority and shall be executed by
9-15 those individuals designated in such resolution, and in the
9-16 absence of such designation by the chairperson or vice
9-17 chairperson. Nothing in this section shall prohibit general
9-18 resolutions authorizing the executive director or other
9-19 officers, agents, or employees to execute such contracts,
9-20 leases, or other legal documents as the authority may
9-21 prescribe; provided, however, that all such contracts,
9-22 leases, obligations, agreements, and other legal instruments
9-23 shall be approved by the board of trustees.
9-24 SECTION 18.
9-25 Property of authority deemed to be public property.
9-26 It is declared that all property of the authority held
9-27 pursuant to the terms of this Act, whether real or personal,
9-28 tangible or intangible, and of any kind or nature and any
9-29 income or revenue therefrom, is held for an essential public
9-30 and governmental purpose, and all such property is deemed to
9-31 be public property.
9-32 SECTION 19.
9-33 Funds of authority.
9-34 The funds of the authority, from whatever source, shall be
9-35 used only in support of the goals and purposes as set forth
9-36 in this Act; provided, however, that nothing in this
9-37 section shall prohibit the authority from making any and all
9-38 expenditures of any kind or nature necessary to support the
9-39 goals and purposes as set forth in this Act.
-9-
10- 1 SECTION 20.
10- 2 Immunity from liability.
10- 3 To the extent the law allows, the authority shall have the
10- 4 same immunity and exemption from liability from torts and
10- 5 negligence as the state and the county, and members,
10- 6 officers, agents, and employees of the authority who are in
10- 7 performance of the work of the authority shall have the same
10- 8 immunity and exemption from liability from torts and
10- 9 negligence as the officers, agents, and employees of the
10-10 state and the county when in performance of their public
10-11 duties or work of the state or the county.
10-12 SECTION 21.
10-13 Rights of personnel.
10-14 All rights, credits, and funds in any retirement system of
10-15 the county which are possessed by any personnel of the
10-16 authority at the time of employment by the authority are
10-17 continued, subject to approval of the Clayton County Board
10-18 of Commissioners, and it is the intent of this Act that any
10-19 such employees and personnel shall not lose rights, credits,
10-20 or funds to which they were entitled prior to being employed
10-21 by the authority.
10-22 SECTION 22.
10-23 Dissolution of authority.
10-24 In the event of dissolution of the authority, all property,
10-25 real and personal, tangible and intangible, shall revert to,
10-26 and be the property of the county, subject, however, to all
10-27 rights and encumbrances thereon. The county, by acceptance
10-28 thereof, shall fulfill all obligations of the authority.
10-29 SECTION 23.
10-30 Principal office of authority; service of process.
10-31 The principal office of the authority shall be in Clayton
10-32 County. Service of process on the authority may be
10-33 effectuated upon the executive director or other officers of
10-34 the authority as in the case of private corporations
10-35 incorporated or domesticated under the laws of this state.
10-36 SECTION 24.
10-37 Severability; should any portion of Act be held invalid.
10-38 The terms and provisions of this Act are severable. Should
10-39 any section, subdivision, sentence, clause, or phrase of
10-40 this Act, or the application thereof to any person or
10-41 circumstances, for any reason be held by a court of
-10-
11- 1 competent jurisdiction to be invalid or void, the validity
11- 2 of the remainder of this Act, or the application of such
11- 3 provision to other persons or circumstances, shall not be
11- 4 affected thereby to the extent that any remaining portion of
11- 5 the Act may reasonably be given effect without the invalid
11- 6 or void portion.
11- 7 SECTION 25.
11- 8 Cumulative with nonconflicting existing laws.
11- 9 This Act shall not be construed so as to repeal any laws or
11-10 parts thereof not directly in conflict with this Act, and
11-11 the provisions of this Act shall be cumulative with existing
11-12 laws on the subject or existing laws which authorize the
11-13 doing of things authorized by this Act unless they are in
11-14 direct conflict with this Act.
11-15 SECTION 26.
11-16 General repealer.
11-17 All laws and parts of laws in conflict with this Act are
11-18 repealed.
-11-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98