12 LC 39 0152

House Bill 1275

By: Representative Stephens of the 164th

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3587), so as to provide for board membership and staggered terms; to provide for methods of transacting business; to provide for per diem allowances for members and chairperson of the board; to provide for the election of a chairperson; to provide for the audit of books and records of the authority; to repeal a provision providing for financial operations and administrative matters to be performed by Chatham County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3587), is amended by revising Section 2.2 as follows:

"SECTION 2.2.
Membership and terms of office.

(a) The authority shall consist of nine members as follows:

(1) Three members of the Board of Commissioners of Chatham County appointed by such board of commissioners, who shall serve for terms of office of one year;

(2) One resident of the unincorporated area of Chatham County appointed by the board of commissioners of said county. The first such member shall serve for an initial term of office of two years and until the appointment and qualification of his or her successor, and all successor members shall serve for terms of five years and until the appointment and qualification of their successors;

(3) One resident of Chatham County who shall be a person with a disability appointed by the board of commissioners of said county. Such member shall serve for a term of five years and until the appointment and qualification of his or her successor;

(4) One resident of Chatham County at large appointed by the board of commissioners of said county. The first such member shall serve for an initial term of office of four years and until the appointment and qualification of his or her successor, and all successor members shall serve for terms of five years and until the appointment and qualification of their successors;

(5) One member of the Board of Aldermen of the City of Savannah appointed by the mayor and aldermen of said city. Such member shall serve for a term of one year and until the appointment and qualification of his or her successor;

(6) One resident of the City of Savannah appointed by the mayor and aldermen of said city. The first such member shall serve for an initial term of office of three years and until the appointment and qualification of his or her successor, and all successor members shall serve for terms of five years and until the appointment and qualification of their successors; and

(7) One resident of any municipality within Chatham County other than the City of Savannah which is included in a special district for transit services created by the board of commissioners of said county appointed by a majority of the governing authorities of such municipalities. The first such member shall serve for an initial term of office of one year and until the appointment and qualification of his or her successor, and all successor members shall serve for terms of five years and until the appointment and qualification of their successors.

(b)(1) Notwithstanding paragraph (3) of this subsection, any member of the authority appointed pursuant to paragraph (2), (3), (4), (6), or (7) of subsection (a) of this section who has served for two consecutive full terms of office, including a full initial term of less than five years, shall not be eligible for reappointment as a member of the authority until one full term of office has elapsed following that member's vacation of his or her seat on the authority.

(2) Notwithstanding paragraph (3) of this subsection, any member of the authority appointed pursuant to paragraph (1) or (5) of subsection (a) of this section who has served for five consecutive full terms of office shall not be eligible for reappointment as a member of the authority until one full term of office has elapsed following that member's vacation of his or her seat on the authority.

(3) Prior terms of service of members in office as of the effective date of this Act shall not be considered in calculating the limitations upon terms of office.

(c)(1) A member's seat on the authority shall be forfeited if:

(A) The member lacks at any time the qualifications for membership on the authority provided by this Act;

(B) The member is convicted of any felony or other crime involving moral turpitude, regardless of the sentence imposed; or

(C) The member fails to attend, without being excused by the authority:

(i) Four consecutive regular meetings of the authority; or

(ii) Fifty percent of the regular and special called meetings of the authority in any one fiscal year.

(2) If the seat of a member of the authority becomes vacant because of death, resignation, or forfeiture as provided in paragraph (1) of this subsection, or for any other reason, such vacancy shall be filled for the unexpired term in the same manner that an appointment is made for a full term as provided in this section.

(d) A majority of the members of the authority shall constitute a quorum for the transaction of business. No vacancy on the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

(e) No member of the authority shall vote on any matter before the authority in which such member has a direct or indirect financial interest. Except for compensation received as an employee, no employee of the authority shall have any direct or indirect financial interest in or profit or benefit from any contract, work, or business of the authority or in the sale, lease, or purchase of any property to or from the authority.

(f) Each member of the authority except the chairperson shall be paid a per diem allowance by the authority in an amount equal to that provided by Code Section 45-7-21 of the O.C.G.A. for each day on which that member attends an official meeting of the authority or of any committee of the authority; provided, however, that such per diem allowance shall not be paid to any such member for more than 36 days in any one calendar year. The chairperson of the authority shall be paid a per diem allowance by the authority in the same amount for each day on which the chairperson engages in official business of the authority, including, but not limited to, attendance of any authority or committee meetings; provided, however, that such per diem allowance shall not be paid to the chairperson for more than 60 days in any one calendar year. Members of the authority, including the chairperson, shall also be entitled to reimbursement for actual and reasonable expenses incurred on authority business, provided such expenses were authorized in advance of being incurred.

(g) The members of the authority shall elect a chairperson and a vice chairperson. The vice chairperson shall act in the absence or inability of the chairperson. Regular meetings of the authority shall be held monthly, with the time, place, and notice of such meetings to be fixed by the authority. All meetings shall be conducted in accordance with Robert's Rules of Order, unless the authority adopts other rules. All motions, resolutions, and all other proceedings of the authority and all documents in its possession shall be public records and open to public inspection as provided in Article 4 of Chapter 18 of Title 50 of the O.C.G.A.

(h) The chairperson of the authority shall be entitled to vote on any matter coming before the authority."

SECTION 2.

Said Act is further amended by revising Section 2.4 as follows:

"SECTION 2.4.
Audits.

The authority shall cause the books and records of the authority to be audited annually by a certified public accountant or a firm of certified public accountants selected by the authority."

SECTION 3.

Said Act is further amended by repealing and reserving Section 3.3.

SECTION 4.

This Act shall become effective on July 1, 2012.

SECTION 5.

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