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HB1209.html
04 LC 18 2945/AP
House Bill 1209 (AS PASSED HOUSE
AND SENATE) By: Representatives Floyd of the
132nd and James of the 114th
A BILL TO BE
ENTITLED AN ACT
To amend an Act creating the Board of Commissioners of Dooly
County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, so as
to create the office of county administrator; to provide for the powers, duties,
and authority of the county administrator; to provide for the appointment,
qualifications, removal, and compensation of the county administrator; to
provide for an acting county administrator; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
An Act creating the Board of Commissioners of Dooly County,
approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, is amended by
adding a new section immediately following Section 2, to be designated Section
2A, to read as follows:
"SECTION
2A.
(a) The office of county administrator of Dooly County is
created. (b) The county administrator shall be
appointed by majority vote of the board of commissioners to serve at the
pleasure of said board for an indefinite term. (c) The
county administrator shall be chosen by the board solely upon the basis of
executive and administrative qualifications, with specific reference to actual
experience in, or knowledge of, accepted practices with respect to the duties of
the office as set forth in this section. (d) The
county administrator may be removed by a majority vote of the total membership
of the board of commissioners. The reasons for the removal shall be set forth
in writing and provided to the county administrator within 48 hours of the vote.
The county administrator shall be entitled to severance pay as outlined in an
employment agreement executed by the county administrator and the county. In
the event no such agreement exits, the county
administrator shall receive severance pay equal to 90 days of base salary. No
severance pay shall be provided to the county administrator if the termination
is for reason of conviction of a felony. Nothing in this section shall prevent
or interfere with the rights of the board of commissioners to terminate the
services of the county administrator at any time, subject only to the provisions
of this subsection. (e) The county administrator shall
be paid an annual salary to be fixed by the board of commissioners, which shall
be subject to adjustment annually based on an annual performance evaluation by
the full board. The county administrator shall receive all across-the-board
cost-of-living allowances and across-the-board wage and salary increases awarded
to county employees, and shall receive, at a minimum, all employee benefits
provided to county employees generally. (f) By letter
filed with the county clerk, the county administrator shall designate a county
officer or employee as acting county administrator to exercise the powers and
perform the duties of county administrator during the county
administrator´s
temporary absence or disability. The board of commissioners may revoke such
designation at any time and appoint another officer of the county to serve as
acting county administrator during the county
administrator´s
temporary absence or disability. In the event the position of county
administrator becomes vacant, the board of commissioners may appoint an acting
county administrator to temporarily exercise the powers and perform the duties
of county administrator pending appointment of a new county
administrator. (g) The county administrator and any
acting county administrator shall be required to execute and deliver a good and
sufficient bond payable to the board of commissioners of Dooly County in the
amount of $25,000.00, and the premium therefore shall be paid by Dooly
County. (h) The county administrator shall be the
chief administrative officer of the county. He or she shall be responsible to
the board of commissioners for the proper administration of the affairs of the
county. It shall be the duty of the county administrator
to: (1) See that all ordinances, resolutions, rules
and regulations of the board and all laws of the state subject to enforcement by
county officers or department heads are faithfully
executed; (2) Attend all meetings of the board, with
the right to take part in the discussions in accordance with any rules adopted
by the board of commissioners, but having no vote. The county administrator
shall be entitled to notice of all special
meetings; (3) Prepare and submit to the board a
proposed annual budget and a proposed capital program and to execute the budget
and capital program adopted by the board, approving all disbursements and
expenditures as budgeted or authorized by the
board; (4) Examine regularly at periods fixed by the
board of commissioners, the accounts, records, and operations of every county
board, commission, department, office, and agency which receives appropriations
from the said board; to make monthly reports to the board on county, fiscal, and
other affairs; to keep the board fully advised on the financial conditions and
future needs of the county; and to make such recommendations on county affairs
as he or she deems necessary for the efficient operations of the
county; (5) Submit to the board at the end of the
fiscal year a complete report on the finances and administrative activities of
the county for the preceding year; (6) Confer with and
advise all other elected or appointed officials of the county who are not under
the immediate control of the board, but who receive financial support from the
board; (7) Supervise the performance of all contracts
made by any person for work done for the county and supervise and regulate all
purchases of materials and supplies for the county within such limitations and
under such rules and regulations as may be prescribed by the
board; (8) Exercise control over all departments or
divisions of the county for which the board has responsibility, and to direct
and supervise the administration of all county offices and the construction,
maintenance, and operation of all county roads, bridges, drains, buildings, and
other public works and the care and maintenance of all real and personal
property owned by the county; (9) Appoint, and when in
his or her discretion the welfare of the county requires it, suspend, discharge,
transfer, or remove all employees for whom the board is responsible, except the
county attorney who shall be appointed directly by the board. The county
administrator may delegate to any department head such powers with respect to
subordinates within that department; (10) Fix the
salaries of all officers and employees of the county, subject, however, to
budget appropriations and supervision and control by the
board; (11) Supervise the programs of financial
management, personnel administration, procurement, and risk management;
and (12) Perform such other duties as may be required
by the board. (i) The county administrator shall
perform his or her duties under the direction of the board of commissioners and
shall be responsible to the board of commissioners as a body. No member of the
board of commissioners shall individually direct the county administrator or
attempt to interfere in the performance of his or her duties, and the board of
commissioners shall, except for the purpose of formal inquires and
investigations, deal with
county employees subject
to the county
administrator´s
direction or supervision solely through the county
administrator. (j)(1) The county administrator shall,
no later than the last day of the seventh month of each fiscal year, submit to
the board of commissioners a budget plan and calendar for developing a proposed
budget for the ensuing fiscal year; and the county shall formulate and submit to
the board of commissioners, no later than the last day of the tenth month of
each fiscal year, a proposed budget for the ensuing fiscal year and an
accompanying message. (2) The county
administrator´s
message shall explain the budget both in fiscal terms and in terms of work
programs. It shall outline the proposed financial policies of the county for
the ensuing fiscal year, describe the important features of the budget, indicate
any major changes from the current fiscal year in financial policies,
expenditures, and revenues, together with the reasons for such changes,
summarize the
county´s
debt position, and include such other material as the county administrator deems
desirable. (3) The proposed budget shall provide a
complete financial plan of all county funds and activities for the ensuing
fiscal year and, except as required by law, shall be in such form as the county
administrator deems desirable or the board of commissioners may require. The
proposed budget shall, at a minimum, include a clear general summary of its
contents, and show in detail all estimated income, indicating the proposed
property tax levy, and all proposed expenditures, including debt service, for
the ensuing fiscal year. It shall indicate in separate
sections: (A) Proposed capital expenditures during the
ensuing fiscal year, detailed for each fund by organization unit when practical,
and the proposed method of financing each such capital expenditure;
and (B) The anticipated income and expense and surplus
or deficit for the ensuing year for each utility or other enterprise fund
operated by the county. (k) The county administrator
shall consult with the heads of county departments and constitutional officers
and shall prepare and submit to the board of commissioners a proposed five-year
capital program each year. It shall be submitted to the board of commissioners
by the county administrator simultaneously with submission of the proposed
budget for the ensuing fiscal year. The capital program shall
include: (1) A clear general summary of its
contents; (2) A list of all capital improvements and
other capital expenditures which are proposed to be undertaken during the five
fiscal years next ensuing, with appropriate supporting information as to the
necessity for each;
(3) Cost estimates and
recommended time schedules for each improvement or other capital
expenditure; (4) Method of financing upon which each
capital expenditure is to reliant; and (5) The
estimated annual cost of operating and maintaining the facilities to be
constructed or acquired. (l) The county administrator,
subject to supervision by the board of commissioners,
shall: (1) Develop plans and programs to advance the
health, safety, general welfare, and physical and economic development of the
county and shall pursue grants-in-aid that may be available from time to time to
help finance implementation of such programs; (2)
Monitor the
county´s
planning activities including those undertaken in response to the 'Georgia
Planning Act' and the 'Georgia Comprehensive Solid Waste Management Act';
and (3) Cooperate with and coordinate the community
improvement activities of independent authorities and agencies, county
constitutional offices, the county planning commission, and county departments
and other organizational components of the county government as
necessary."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.
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