SB289.html

To amend an Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, so as to change the manner of electing the chairperson and other members of the board of commissioners; to provide for terms of office; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to change the provisions relating to vacancies in the membership of the board of commissioners; to provide for the duties and responsibilities of the chairperson; to provide for related matters; to require submission of this Act to the United States Attorney General for certain approval; to provide an effective date; to repeal conflicting laws; and for other purposes.

(a) The members of the board of commissioners of Clinch County elected at the 2000 general election and members appointed or elected to fill vacancies on such board prior to December 31, 2004, shall serve for terms of office which expire December 31, 2004.
(b) Beginning with the general election in 2004, one member of the board of commissioners shall be elected from each of the five commissioner districts provided for in Section 2 of this Act and one member shall be elected county wide who shall be the chairperson of the board of commissioners. At the general election in 2004, and quadrennially thereafter, there shall be elected one member from Commissioner District No. 2, Commissioner District No. 3, and Commissioner District No. 5, and the chairperson elected county wide. At the general election in 2004 there shall be elected one member from Commissioner District No. 1 and Commissioner District No. 4 who shall serve an initial term of office of two years, expiring December 31, 2006. At the general election in 2006, and quadrennially thereafter, successors to the initial members from Commissioner District No. 1 and Commissioner District No. 4 shall be elected. Members elected pursuant to this subsection and their successors shall take office on the first day of January following their election for terms of office as specified in this subsection and until their successors are elected and qualified.
(c) The commissioners shall be residents of the commissioner districts which they seek to represent at the time of qualifying for office and shall be required to remain residents of districts from which they were elected during their terms of office. The chairperson shall be a resident of the county. The members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts. The chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office. Positions on the board shall be chairperson and commissioners from Commissioner Districts 1 through 5, and all candidates for membership on the board shall designate the position for which they are offering. The members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'"

(a) In the event of a vacancy occurring in the membership of the board on or after January 1, 2005, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section.
(b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Clinch County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the remainder of the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following the special election provided for in this subsection.
(c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following his or her appointment as provided for in this subsection.
(d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairperson´s vote would affect the outcome of any vote or issue before the board."

(a) The chairperson of the board of commissioners shall have the following duties and responsibilities:
(1) To act as the chief executive officer of the county;
(2) To act as presiding officer at all meetings of the board, including the duty of preserving order and decorum at such meetings;
(3) To state every question coming before the board and to announce the decision of the board on all subjects and to decide all questions of order, subject, however, to an appeal of the board, in which event a majority vote of the board shall govern and conclusively determine such question;
(4) To exercise the right to vote only to break a tie vote; provided, however, that the chairperson will be counted in determining whether a quorum is present;
(5) To execute all ordinances, resolutions, and contracts in behalf of the county;
(6) To execute all evidences of indebtedness incurred by the county;
(7) To act as ceremonial head of the county government; and
(8) To exercise other duties that may be delegated to the chairperson by the board of commissioners.
(b) The members of the board shall elect from among their membership a vice chairperson. In the event of the chairperson´s illness, incapacity, absence, or failure to act, the duties of the chairperson may be exercised by the vice chairperson.
(c) The chairperson of the board shall give bond in the sum of $2,000.00 for the faithful performance of his or her duties and for the protection of all county funds, said bond to be approved by the judge of the probate court and recorded in that office."