HB1843.html

House Bill 1843
By: Representatives Day of the 153^rd, Stephens of the 150^th and Mueller of the 152^nd

A BILL TO BE ENTITLED
AN ACT

To create and establish the Savannah-Chatham County Charter and Unification Commission; to provide for a short title; to provide for the authority under which this Act is enacted; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Savannah and the County of Chatham; to provide that said commission shall be authorized to study all matters relating to the governments of the County of Chatham and the City of Savannah and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Chatham County; to provide for the submission of such proposed county-wide government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

This Act shall be known and may be cited as the "Savannah-Chatham County Charter and Unification Commission Act."

This Act is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia.

As used in this Act, the term:
(1) "Charter and unification commission" or "commission" means the Savannah-Chatham County Charter and Unification Commission provided for in this Act.
(2) "Governing authority of the City of Savannah" means the mayor and city council of the City of Savannah, a municipal corporation of the State of Georgia.
(3) "Governing authority of the County of Chatham" means the Board of Commissioners of Chatham County, a political subdivision of the State of Georgia.
(4) "Qualified voter" means a voter of Chatham County qualified to vote for members of the General Assembly of Georgia.

(a) There is created the Savannah-Chatham County Charter and Unification Commission, which shall consist of nine members to be appointed within 30 days of the effective date of this Act as provided in this section.
(b) Each member of the General Assembly whose district is wholly or partially located in Chatham County shall appoint one member to the charter and unification commission. Each member so appointed shall be a resident of the legislative district from which such person is appointed at the time of such appointment and for the duration of such person´s term as a member of such commission.
(c) The governing authorities of the City of Savannah and the County of Chatham shall jointly appoint one member to the charter and unification commission who shall be a citizen of Chatham County at the time of such appointment and for the duration of their entire terms as members of such commission.
(d) Prior service as a member of the Savannah-Chatham County Consolidation Study Committee shall not disqualify any person from serving as a member of the charter and unification commission.
(e) To be eligible for appointment as a member of the charter and unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Chatham County for a period of at least two years prior to his or her appointment.
(f) If a member of the charter and unification commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable or decline to serve for any reason whatever as a member of the charter and unification commission, said commission shall declare a vacancy in his or her office as a member of such commission and within 15 days thereafter the initial appointing authority shall appoint a successor promptly to fill such vacancy.
(g) A certificate of appointment shall be issued by the appointing authority of each member of the charter and unification commission and filed in the office of the Probate Court of Chatham County with a duplicate original of such certificate being transmitted to, and filed with, the chairperson or the secretary of the charter and unification commission.
(h) A majority of the members of the charter and unification commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter and unification commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of its business.
(i) The charter and unification commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter and unification commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission.
(j) All persons who shall, from time to time, serve as members of the charter and unification commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter and unification commission from time to time shall be afforded coverage and shall be included in the insured class, under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of the County of Chatham, extending to members of such governing authority of the County of Chatham, and what is commonly referred to as "public official´s liability insurance coverage," to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of the County of Chatham. Any and all additional premium amounts payable by the County of Chatham due to the extension of such coverage to the members of the charter and unification commission and its appointees, agents, employees, and staff shall be paid, when due and payable, one-half by the County of Chatham and one-half by the City of Savannah, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act.
(k) The governing authority of the County of Chatham, the governing authority of the City of Savannah, and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter and unification commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted.

(a) The charter and unification commission shall hold an organizational meeting during the first week of June, 2002. Any three or more members of the charter and unification commission shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held.
(b) The governing authority of the City of Savannah and the governing authority of Chatham County shall each appoint a member of the charter and unification commission as a cochairperson.
(c) The charter and unification commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter and unification commission as it shall deem necessary. The charter and unification commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the government of the City of Savannah and the County of Chatham and in drafting a charter. The charter and unification commission shall not employ any person who holds any elective public office.
(d) The members of the charter and unification commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Savannah and the governing authority of the County of Chatham are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. Each of the said governing authorities shall initially appropriate not less than $5,000.00 for the charter and unification commission and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairperson of the charter and unification commission for amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in equal amounts as may be necessary to meet the expenses of the charter and unification commission, provided that such additional expenditures shall be first approved by both governing authorities. In no event shall the combined cumulative total of such initial and subsequent appropriations exceed $150,000.00.
(e) The charter and unification commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business.
(f) All public officials and employees of the City of Savannah and the County of Chatham upon request shall furnish the charter and unification commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter and unification commission for it to carry out its duties, except for information that is confidential or privileged by law, and shall furnish such other assistance and aid to the commission as it shall request and shall also appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees.

The commission shall be authorized to study all matters relating to the governments of the City of Savannah and the County of Chatham and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Chatham County. The commission shall upon completion of its study issue a written report of its findings, conclusions, and recommendations. If, after conducting such study, the charter and unification commission shall deem it to be in the best interests of the governments proposed to be affected, said commission shall draft a proposed charter creating a single county-wide government, and if such charter is approved by the voters under the provisions of this Act, then the newly created county-wide government shall supersede and replace the existing governments of the City of Savannah and the County of Chatham and may also supersede and replace any public authorities and special service districts located and operating within Chatham County. If the charter and unification commission does not deem it to be in the best interests of the governments proposed to be affected to recommend the establishment of a single county-wide government but concludes from its study that it is feasible to consolidate specific governmental services, programs, and activities, then the commission may issue such findings, conclusions, and recommendations in writing together with reasons why such recommendations will make government operations more efficient.

(a) The charter so drafted shall be submitted to the qualified voters of Chatham County for approval or rejection of the referendum provided for in Section 11 of this Act.
(b) The General Assembly delegates its powers to the charter and unification commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more, or a combination, of the matters listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory:
(1) The charter shall provide for the abolishment of the existing governments of the City of Savannah and the County of Chatham and for the creation of a new single government which may have all powers formerly exercised by the City of Savannah and the County of Chatham and such other powers as may be necessary or desirable. The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide;
(2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs;
(3) The charter may provide for the abolishment, modification, consolidation, or merger of any court, except for the Superior Court, the State Court, the Probate Court, and the Magistrate Court of Chatham County;
(4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Chatham County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as said charter shall provide;
(5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide government and the County of Chatham and any public authorities or special service districts located or operating within Chatham County. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter and unification commission shall deem necessary for the efficient functioning of the new county-wide government;
(6) The charter shall provide for the creation of the governing authority of the new single county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority;
(7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto;
(8) The charter may provide for the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by the county-wide government in accordance with the kind, character, type, and degree of services provided by the government within those taxing districts. The charter may provide that the rate and manner of taxation may vary in any one district from that in another or other districts and may provide that the powers, authority, duties, liabilities, and functions of the new governing authority may vary from district to district. The charter shall provide that any such taxing district established shall equitably reflect the services actually received and that the governing authority of the new county-wide government shall periodically revise districts as changes in conditions and in services rendered, in its judgment, may require;
(9) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the effective date of the abolishment of such government;
(10) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by said charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or other similar legislation;
(11) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities and special service districts which are merged with the new county-wide government or are altered by the charter;
(12) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes;
(13) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws;
(14) The charter shall provide for the repeal of conflicting laws; and
(15) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City of Savannah and the County of Chatham and the creation of a successor government.
(c) The following additional provisions shall govern proceedings of the charter and unification commission and any successor county-wide government created by a charter drafted by the commission:
(1) The charter and unification commission is authorized to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to the commission by the respective governing authorities; and
(2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Savannah and the County of Chatham and any other authorities or special service districts merged into the new government.
(d) The charter and unification commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees; to compel witnesses to testify thereat; and to subpoena any person or entity and all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairperson or the secretary of the commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited by the commission to appear before a judge of the Superior Court of Chatham County. The judge of said court shall have the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court.
(e) Notwithstanding any other provisions of this Act, the charter and unification commission and the charter proposed by the commission and subsequently adopted may not:
(1) Alter or affect the status of the Chatham County School System or the Chatham County Board of Education or any provision of the Constitution or laws of the State of Georgia by which the Chatham County School System is constituted, empowered, or preserved or to transfer any of its powers, duties, or obligations;
(2) Impair or diminish any pension or retirement rights;
(3) Abolish the office of sheriff, clerk of superior court, or tax commissioner; or
(4) Impair or diminish any homestead or other exemptions from taxation now or hereafter existing under the Constitution of the State of Georgia.
(f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality electing to be excluded as provided in this Act or the school district, board of education, office of sheriff, clerk of superior court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act.
(g) The powers granted in this Act to the charter and unification commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose.

(a) The charter and unification commission shall be required to hold at least two public hearings to determine the sentiment of the citizens of the City of Savannah and the County of Chatham regarding the work of the charter and unification commission. The first public hearing shall be held within 30 days of the issuance of the commission´s final written report on the feasibility of establishing a single county-wide government within Chatham County, and a second public hearing shall be held within 15 days of the submission of any proposed charter for such consolidated government to the Chatham County Board of Elections. The charter and unification commission is authorized to hold more than two public hearings if it determines that additional public hearings are desirable. The charter and unification commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Chatham County twice during the week next preceding the week in which the public hearing is held. The charter and unification commission shall cause to be made a transcript of each public hearing held and shall file the same in its minutes and records.
(b) Following issuance of the commission´s final written report, the governing authorities of the City of Savannah and the County of Chatham shall each hold and conduct a public hearing to determine the sentiments of their citizens regarding the work of the charter and unification commission. Notice of such hearings shall be advertised in the same manner as required for hearings held by the charter and unification commission. Representatives of the charter and unification commission shall be invited to present the final report to said governing authorities.

(a) The charter and unification commission shall complete its studies and shall prepare, complete, and file any proposed charter no later than August 31, 2003; provided, however, that the above-described time period may be extended for such additional periods of time as may be authorized by a resolution duly adopted by the governing authority of the City of Savannah and by a similar resolution being duly adopted by the governing authority of the County of Chatham and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts.
(b) Certified copies of the charter shall be filed by the charter and unification commission with the clerks of the governing authorities of the City of Savannah and the County of Chatham and shall be authenticated by the signature of the chairperson of the charter and unification commission. Such copies shall be public records and shall be available for inspection or examination by any interested person.
(c) The charter and unification commission shall also make available a copy of the charter to every daily or weekly newspaper published in Chatham County and to each radio or television station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter and unification commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county.
(d) The charter and unification commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions.
(e) Following the completion of the proposed charter by the charter and unification commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter and unification commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter and unification commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter and unification commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justice´s approval in the event that any initial proposed charter fails to obtain Department of Justice approval.

(a) A certified copy of the proposed charter shall be submitted by the commission to the election superintendent of Chatham County, and it shall be the duty of such superintendent to call and hold a referendum election for ratification or rejection of the proposed charter as provided in Section 11 of this Act.
(b) The charter and unification commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effective pursuant to the laws of the State of Georgia.

(a) As soon as practicable after receipt of the certified copy of the proposed charter and after receipt of preclearance, or the usual notice of no current objections, by the United States Department of Justice of such proposed charter, it shall be the duty of the election superintendent of Chatham County to call a special election for approval or rejection of the proposed charter. The election superintendent shall set the date of the election for the earliest date therefor permissible under general law falling on or after the date of the general election to be held in November, 2002. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the following:

"( ) YES

( ) NO

Shall the charter reorganizing and consolidating the governments of the City of Savannah and the County of Chatham and creating a single county-wide government to supersede and replace those governments be approved?"

(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." The votes cast on such question by the qualified voters of Chatham County residing within the corporate limits of the City of Savannah and the votes cast on such question by the qualified voters of Chatham County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Chatham County residing within the corporate limits of the City of Savannah are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within the unincorporated areas of Chatham County are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Savannah and the County of Chatham.
(c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this Act.
(d) The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his or her proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the secretary or clerk of the governing authority of the City of Savannah, who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of the County of Chatham, who shall attach the same to the copy of the charter previously certified to him or her.
(e) Whenever a charter for the consolidation of the governments of the City of Savannah and the County of Chatham has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the secretary of the governing authority of the City of Savannah and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of the County of Chatham shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him or her, and copies so certified by him or her shall be deemed duplicate original copies of the charter of the consolidated government for all purposes.

In the event the proposed single county-wide government charter is approved by voters as provided in Section 11 of this Act, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the county-wide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Savannah and the County of Chatham shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

All laws and parts of laws in conflict with this Act are repealed.