Bill Text: GA HB1504 | 2009-2010 | Regular Session | Introduced
Bill Title: St. Marys Convention and Visitors Bureau Authority; two additional members; provide
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-04-21 - Senate Read and Referred [HB1504 Detail]
Download: Georgia-2009-HB1504-Introduced.html
10 LC 38
1058ER
House
Bill 1504
By:
Representative Hill of the
180th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating the St. Marys Convention and Visitors Bureau Authority,
approved June 3, 2003 (Ga. L. 2003, p. 4464), so as to provide for two
additional members to the authority; to provide for the removal of such members;
to provide for the method of selection for such members; to provide for terms
for the members of the authority; to provide for staggered terms for initial
members; to provide for an increase of the members required for a quorum; 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 St. Marys Convention and Visitors Bureau Authority, approved
June 3, 2003 (Ga. L. 2003, p. 4464), is amended by revising Section 4 as
follows:
"SECTION
4.
Members and Meetings.
Members and Meetings.
(a)
The authority shall consist of nine members who shall be natural persons who
shall be at least 18 years of age and shall be residents of the city or operate
a business in the city or designee of the business owner. The authority members
shall be appointed by a majority vote of the Council. Eight authority members
shall be composed in compliance with the St. Marys Convention and Visitors
Bureau Authority bylaws. The mayor shall appoint as a ninth member of the
authority one incumbent councilmember and shall also be approved by a majority
vote of the council. Each authority member shall serve a three-year term. The
councilmembers shall serve for their elected term. Any member may resign at any
time by filing a written notice of resignation with the city clerk. Members
shall serve at the pleasure of the mayor and council and may be removed by a
majority vote of the mayor and council, with or without cause, and neither the
city nor the mayor nor any member of council shall be subject to any liability
on account of such removal.
(b)
The authority shall meet at such times as may be necessary to transact the
business coming before it. Meeting of the authority shall be open to the public
in accordance with the laws of this state. Written minutes of all meetings shall
be kept and, within ten days following every meeting, a copy of the minutes
shall be furnished to the mayor and council of the city. Meetings shall be
conducted in accordance with Robert's Rules of Order.
(c)
The current authority members will continue to serve through June 2010. The City
Council will appoint nine authority members in June 2010 to begin serving July
2010 to coincide with the City Fiscal Year. The following staggered appointments
will begin July 2010: Three, three-year terms; Three, two-year terms; and Two,
one-year terms. The chairperson shall preside at meetings of the authority. The
vice chairperson shall preside at meetings in the absence of the chairperson. In
the absence of both the chairperson and vice chairperson, the members present at
a meeting shall elect a temporary chairperson to preside at that meeting so long
as the chairperson and vice chairperson both remain absent from the meeting.
Five members shall constitute a quorum. Official action may be taken by
majority vote of those members voting on a matter if a quorum is present and
voting on such matter, except that the bylaws of the authority may only be
initially adopted or subsequently amended by majority vote of all members. All
members present at a meeting, including the chairperson, vice chairperson, or
any other member presiding at such meeting, shall be entitled to vote on all
matters that come before the meeting, except as otherwise provided in subsection
(e) of this section. No vacancy on the authority shall impair the right of the
quorum to exercise all the rights and perform all the duties of the
authority.
(d)
Members shall receive no compensation for their services as members of the
authority but may be reimbursed for their proper and reasonable expenses
incurred in the performance of their duties, subject to any limitations imposed
by general law on the reimbursement of public officials and subject to any
limitations which may be contained from time to time in the bylaws of the
authority.
(e)(1)
As used in this subsection, the term "substantial interest or involvement" means
any interest or involvement which reasonably may be expected to result in a
direct financial benefit to such member, as determined by the members by vote,
which determination shall be final and not subject to review.
(2)
The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to the
members of the authority and a member of the authority shall not engage in any
transaction with the authority. The provisions of the immediately preceding
sentence and the provisions of paragraph (9) of such Code section shall be
deemed to have been complied with and the authority may purchase from, sell to,
borrow from, loan to, contract with, or otherwise deal with any member or any
organization or person with which any member of the authority is in any way
interested or involved, provided that:
(A)
Any interest or involvement by such members is disclosed in advance to the
members of the authority who will be voting on the matter or transaction and
such disclosure is recorded in the minutes of the authority;
(B)
No member having such a substantial interest or involvement may be present at
that portion of any meeting of the board of members during which discussion of
such matter or transaction is conducted; and
(C)
No member having a substantial interest or involvement may participate in any
decision of the board of members relating to any such matter or transaction. A
member who has any such substantial interest or involvement shall be entitled to
participate in discussions of whether such interest or involvement is a
substantial interest or involvement but shall not be entitled to vote on the
question.
(3)
Nothing contained in this subsection shall be deemed to prohibit any member from
providing legal services to the authority, being paid for such services and
related expenses, participating in discussions relating to his or her
engagement, scope of services, compensation, or related matters or from voting
on such matters."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.