Bill Text: GA HB1510 | 2009-2010 | Regular Session | Introduced
Bill Title: Lowndes County; Board of Commissioners; provide
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-04-21 - House Second Readers [HB1510 Detail]
Download: Georgia-2009-HB1510-Introduced.html
10 LC 28
5253
House
Bill 1510
By:
Representatives Carter of the
175th,
Black of the
174th,
and Shaw of the
176th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend and supersede the laws pertaining to the governing authority of Lowndes
County; to provide for a Board of Commissioners of Lowndes County; to provide
for the powers and composition of the board of commissioners; to provide for
election districts, qualifications, terms of office, and filling of vacancies of
commissioners; to provide for meetings and quorum; to provide for the
responsibilities of the chairperson; to provide for a vice chairperson and the
vice chairperson's responsibilities; to provide for oaths, bonds, budgets,
audits, county manager, clerk, minutes, and compensation and expenses of
commissioners; to provide for submission pursuant to Section 5 of the federal
Voting Rights Act of 1965, as amended; to provide for severability and effective
dates; to provide for the repeal of existing enabling legislation; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
Board of Commissioners of Lowndes County ('the board') which existed on
January 1, 2009, is continued in existence as the governing authority
of Lowndes County, but, on and after January 1, 2013, shall be constituted as
provided in this Act.
SECTION
2.
The
board shall have the power and authority to fix and establish by appropriate
resolution entered on its minutes, policies, rules, and regulations governing
all matters reserved to the jurisdiction of the board. Such policies, rules,
and regulations, when so adopted with proper entry thereof made on the minutes
of the board, shall be conclusive and binding. The board shall exercise only
those administrative powers which are necessarily and properly incident to its
functions as a policy-making or rule-making body or which are necessary to
compel enforcement of its adopted resolutions. The following powers are vested
in the board and reserved to its exclusive jurisdiction:
(1)
To levy taxes;
(2)
To fix fees;
(3)
To make appropriations;
(4)
To fix rates and charges for services provided by the county;
(5)
To authorize the incurring of indebtedness;
(6)
To order work done where the cost is to be assessed against benefited property
and to fix the basis for such assessment;
(7)
To authorize and provide for the execution of contracts;
(8)
To establish, alter, open, close, build, repair, or abolish public roads and
bridges, according to law; provided, however, that the chairperson shall have
the authority to adopt subdivision plats when the requirement established by the
board for subdivisions is met;
(9)
To accept for the county the provisions of any optional statute where the
statute permits its acceptance by the governing authority of the
county;
(10)
To exercise all powers, duties, and authority in respect to zoning and
planning;
(11)
To create and change the boundaries of special taxing districts authorized by
law;
(12)
To fix the bonds of county officers where same are not fixed by statute;
(13)
To enact any ordinances or other legislation which the county may be given
authority to enact;
(14)
To determine the priority of capital improvements;
(15)
To call elections for the voting of bonds;
(16)
To appoint retained legal counsel and an independent county auditor and provide
for their compensation;
(17)
To exercise all of the power and authority which is or may be vested in the
board by the Constitution or laws of this state; and
(18)
To exercise all power and authority formerly vested in the board.
SECTION
3.
(a)
On and after January 1, 2013, the board shall consist of six members, five of
whom shall be elected from commissioner districts described in subsection (b) of
this section and the sixth of whom shall be the chairperson who is elected at
large.
(b) For purposes of electing members of the board other than the chairperson, there are hereby created five commissioner districts for Lowndes County. For purposes of creating Commissioner Districts 1, 2, and 3, Lowndes County is divided into three commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1, 2, and 3 shall be and correspond to those three numbered districts as they existed on January 1, 2009, and as described in the districting plan attached to and made a part of this Act and further identified as Plan Name: lowndesccwk9r Plan Type: Local User: Blake Administrator: Lowndes. For purposes of creating Commissioner Districts 4 and 5, Lowndes County is divided into two commissioner districts which shall overlay Commissioner Districts 1, 2, and 3. One member of the board shall be elected from each such district. Commissioner Districts 4 and 5 shall be and correspond to those two numbered districts as described in the districting plan attached to and made a part of this Act and further identified as Plan Name: lowndesccsupp3 Plan Type: Local User: reapp Administrator: Lowndes.
(c) When used in such attachments, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a tract description which are underneath a 'BG' heading shall mean and describe individual blocks within a block group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Lowndes County which is not included in Commissioner District 1, 2, or 3 as described in that attachment describing Commissioner Districts 1, 2, and 3 shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Lowndes County which is described in that attachment describing Commissioner Districts 1, 2, and 3 as being in Commissioner District 1, 2, or 3 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that Commissioner District 1, 2, or 3 contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Lowndes County which is not included in Commissioner District 4 or 5 as described in that attachment describing Commissioner Districts 4 and 5 shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Lowndes County which is described in that attachment describing Commissioner Districts 4 and 5 as being in Commissioner District 4 or 5 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that Commissioner District 4 or 5 that is contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.
(b) For purposes of electing members of the board other than the chairperson, there are hereby created five commissioner districts for Lowndes County. For purposes of creating Commissioner Districts 1, 2, and 3, Lowndes County is divided into three commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1, 2, and 3 shall be and correspond to those three numbered districts as they existed on January 1, 2009, and as described in the districting plan attached to and made a part of this Act and further identified as Plan Name: lowndesccwk9r Plan Type: Local User: Blake Administrator: Lowndes. For purposes of creating Commissioner Districts 4 and 5, Lowndes County is divided into two commissioner districts which shall overlay Commissioner Districts 1, 2, and 3. One member of the board shall be elected from each such district. Commissioner Districts 4 and 5 shall be and correspond to those two numbered districts as described in the districting plan attached to and made a part of this Act and further identified as Plan Name: lowndesccsupp3 Plan Type: Local User: reapp Administrator: Lowndes.
(c) When used in such attachments, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a tract description which are underneath a 'BG' heading shall mean and describe individual blocks within a block group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Lowndes County which is not included in Commissioner District 1, 2, or 3 as described in that attachment describing Commissioner Districts 1, 2, and 3 shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Lowndes County which is described in that attachment describing Commissioner Districts 1, 2, and 3 as being in Commissioner District 1, 2, or 3 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that Commissioner District 1, 2, or 3 contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Lowndes County which is not included in Commissioner District 4 or 5 as described in that attachment describing Commissioner Districts 4 and 5 shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Lowndes County which is described in that attachment describing Commissioner Districts 4 and 5 as being in Commissioner District 4 or 5 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that Commissioner District 4 or 5 that is contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.
SECTION
4.
(a)
No person shall be a member of the board if that person is ineligible for such
office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law
applicable to that office.
(b) In order to be elected or appointed as a member of the board from a commissioner district, a person must have that person's legal residence in that district and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant.
(c) The member of the board who is chairperson of the board may reside anywhere within Lowndes County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant.
(b) In order to be elected or appointed as a member of the board from a commissioner district, a person must have that person's legal residence in that district and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant.
(c) The member of the board who is chairperson of the board may reside anywhere within Lowndes County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant.
SECTION
5.
(a)
Those members of the board who are serving as chairperson and district
representative for Commissioner District 1 on December 31, 2010, and any person
selected to fill a vacancy in any such office shall continue to serve as such
members until the regular expiration of their respective terms of office, which
shall expire on December 31, 2012, and upon the election and qualification
of their respective successors. Those members of the board who are elected in
the November, 2010, general election and take office as district representatives
for Commissioner Districts 2 and 3 on January 1, 2011, and any person selected
to fill a vacancy in any such office shall continue to serve as such members
until the regular expiration of their respective terms of office, which shall
expire on December 31, 2014, and upon the election and qualification of
their respective successors.
(b) The members of the reconstituted board shall be elected as provided in this subsection. The first members of the reconstituted board elected under this Act shall be elected at the November general election on the Tuesday next following the first Monday in November, 2012. The members of the board elected thereto as district representatives from Commissioner Districts 1 and 5 and the chairperson in 2012 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. The member of the board elected thereto as district representative from Commissioner District 4 in 2012 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2014, and upon the election and qualification of his or her respective successor. The members of the board elected thereto as district representatives from Commissioner Districts 2, 3, and 4 elected in 2014 shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. All future successors to members of the board whose terms of office are to expire shall be elected at the time of the November general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(c) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(d) Commissioner Districts 1, 2, and 3, as they existed on January 1, 2009, shall continue to be designated as Commissioner Districts 1, 2, and 3, respectively, but as newly described under this Act, and on and after the date this Act becomes effective such members of the board who are district representatives serving from those former commissioner districts shall continue to serve from and represent their respective districts as newly described under this Act.
(b) The members of the reconstituted board shall be elected as provided in this subsection. The first members of the reconstituted board elected under this Act shall be elected at the November general election on the Tuesday next following the first Monday in November, 2012. The members of the board elected thereto as district representatives from Commissioner Districts 1 and 5 and the chairperson in 2012 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. The member of the board elected thereto as district representative from Commissioner District 4 in 2012 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2014, and upon the election and qualification of his or her respective successor. The members of the board elected thereto as district representatives from Commissioner Districts 2, 3, and 4 elected in 2014 shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. All future successors to members of the board whose terms of office are to expire shall be elected at the time of the November general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(c) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(d) Commissioner Districts 1, 2, and 3, as they existed on January 1, 2009, shall continue to be designated as Commissioner Districts 1, 2, and 3, respectively, but as newly described under this Act, and on and after the date this Act becomes effective such members of the board who are district representatives serving from those former commissioner districts shall continue to serve from and represent their respective districts as newly described under this Act.
SECTION
6.
When
a vacancy occurs on the board under the laws of this state and the unexpired
term of office exceeds six months in duration, it shall be the duty of the
election superintendent of the county to call a special election to elect a
successor and fill the vacancy in not less than 30 nor more than 60 days.
The election shall be held as provided by the Georgia Election Code, and the
cost of the election shall be defrayed by proper county authorities. If the
unexpired term to be filled is six months or less in duration in the case of the
term of a district representative, the chairperson shall nominate and the board
shall approve a successor to fill the unexpired term, and in the case of the
term of the chairperson, the remaining members of the board shall elect a
successor to fill the unexpired term of the chairperson. Persons elected or
appointed to fill a vacancy in office shall serve out the unexpired term and
until a successor is elected and qualified.
SECTION
7.
The
board shall hold a minimum of one regular meeting per month for the transaction
of business as may legitimately come before it. The board may convene in
special meetings on the call of the chairperson, as the business of the board
may require. The district representatives may at any time convene a special
meeting of the board upon call by any one of them as the business of the board
may require, provided the chairperson is unable or fails to call such meeting
upon request.
SECTION
8.
The
chairperson and any three district members shall constitute a quorum. In the
absence of the chairperson, any four district representatives shall constitute a
quorum.
SECTION
9.
The
chairperson shall be the official head of the board. The chairperson shall
cause an agenda to be established for and preside at all meetings of the board
unless absent. The chairperson shall have all the rights, powers, duties, and
responsibilities of a member of the board, including the right and power to make
motions and nominations, except that the chairperson shall not vote on matters
before the board except to express unanimity or where there is an equal division
on the question. The chairperson may serve as a member of boards, commissions,
and committees required by law or requested by the board and shall perform such
other duties as may be required by law.
SECTION
10.
The
board shall elect one of the district representatives to serve as vice
chairperson. The vice chairperson shall cause an agenda to be established for
and preside at all meetings at which the chairperson is absent. In such event,
the vice chairperson shall retain all of his or her rights, duties, powers, and
responsibilities as a district representative, including the right to make
motions and to vote on matters before the board.
SECTION
11.
Before
entering upon the discharge of their duties, the chairperson and district
representatives shall subscribe to an oath for the true and faithful performance
of their duties and that they are not the holders of any unaccounted for public
funds.
SECTION
12.
The
chairperson shall give a satisfactory surety bond, as determined by the judge of
the Probate Court of Lowndes County, and payable to the judge of the Probate
Court of Lowndes County and filed in the office of the judge of the Probate
Court of Lowndes County, in the sum of $50,000.00, conditioned upon the faithful
performance of the duties of the office. Each representative shall give like
bond in the sum of $25,000.00. The costs of said bonds shall be paid from
county funds.
SECTION
13.
The
board shall adopt and operate under annual budgets in accordance with the laws
of this state.
SECTION
14.
The
board shall provide for and cause to be made annual audits in accordance with
the laws of this state.
SECTION
15.
The
board may create in and for Lowndes County the office of county manager and vest
in such office powers, duties, and responsibilities of an administrative nature
in accordance with the laws of this state.
SECTION
16.
The
board may appoint a clerk in and for Lowndes County consistent with the laws of
this state. The clerk shall be a resident of Lowndes County. Before entering
upon the discharge of his or her duties, the clerk shall give a satisfactory
surety bond, as determined by the judge of the Probate Court of Lowndes County,
and payable to the judge of the Probate Court of Lowndes County and filed in the
office of the judge of the Probate Court of Lowndes County, in the sum of
$50,000.00, conditioned upon the faithful performance of his or her duties as
clerk and to account for any and all funds, property, or effects which may come
into his or her hands as clerk or otherwise. The costs of such bond shall be
paid from county funds.
SECTION
17.
The
board shall cause minutes of its meetings to be kept in accordance with the laws
of this state.
SECTION
18.
Salaries,
compensation, expenses, and expenses in the nature of compensation to which
members of the board serving on the effective date of this Act are currently
entitled shall continue in full force and effect. Salaries, compensation,
expenses, and expenses in the nature of compensation to which members of the
board are thereafter entitled shall be fixed pursuant to the laws of this state.
SECTION
19.
The
governing authority of Lowndes County shall through its legal counsel cause this
Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended; and such submission shall be made no later than 45 days after
the date on which this Act is approved by the Governor or otherwise becomes law
without such approval.
SECTION
20.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, this Act shall
become effective on the first day of the month following the month in which it
is approved by the Governor or in which it becomes law without such approval for
the purpose of conducting the election of members of the board at the November,
2012, general election as provided in Section 5 of this Act and shall become
effective for all purposes on January 1, 2013.
SECTION
21.
In
the event any provision of this Act is unconstitutional or cannot be implemented
under federal law, the remaining provisions of this Act shall remain valid and
of full force and effect.
SECTION
22.
(a)
The Act continuing the Board of Commissioners of Lowndes County, Georgia,
approved June 3, 2003 (Ga. L. 2003, p. 4492), shall be repealed
on January 1, 2013.
(b) The Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved May 11, 2009 (Ga. L. 2009, p. 3877), shall be repealed on July 1, 2010.
(b) The Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved May 11, 2009 (Ga. L. 2009, p. 3877), shall be repealed on July 1, 2010.
SECTION
23.
All
laws and parts of laws in conflict with this Act are repealed.
