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.