Bill Text: GA HB603 | 2011-2012 | Regular Session | Introduced
Bill Title: Atlanta Board of Education; appointment and terms of members; provide
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-29 - House Second Readers [HB603 Detail]
Download: Georgia-2011-HB603-Introduced.html
11 LC 35
2242
House
Bill 603
By:
Representative Long of the
61st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act to continue the existence of the Atlanta Independent School System
under the management and control of the Atlanta Board of Education, approved
June 3, 2003 (Ga. L. 2003, p. 4154), so as to modify provisions relating to the
Atlanta Board of Education; to provide for the appointment and terms of the
members of the Atlanta Board of Education; 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 to continue the existence of the Atlanta Independent School System under the
management and control of the Atlanta Board of Education, approved June 3, 2003
(Ga. L. 2003, p. 4154), is amended in Section 2-101, as follows:
"SECTION
2-101.
Composition; term of office.
Composition; term of office.
(a)
The Atlanta Board of Education shall be composed of nine members. One member,
who shall serve as the chairperson of the Atlanta Board of Education, shall be
elected city wide. The remaining eight members shall be appointed as follows:
two members shall be appointed by the Governor; two members shall be appointed
by the Mayor of the City of Atlanta; two members shall be appointed by the
Atlanta City Council; and two members shall be appointed as determined by a
majority decision of the members of the General Assembly whose district lies
partially or entirely within the city limits of the City of
Atlanta.
(b) Members of the Board shall hold their respective offices for a term of two years and until their respective successors are elected and qualified."
(b) Members of the Board shall hold their respective offices for a term of two years and until their respective successors are elected and qualified."
SECTION
2.
Said
Act is further amended in Section 2-103, as follows:
"SECTION
2-103.
First appointments and election.
First appointments and election.
(a)
The Board of Education of the City of Atlanta which existed on January 1, 2011,
is continued in existence. The Board so continued shall continue to have the
powers, duties, rights, obligations, and liabilities of that board as existed
immediately prior to the effective date of this
Act.
(b) Those members of the Board who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the expiration of such term of office. The vacancy created by the first term to expire following the effective date of this Act shall be filled by the Chairman of the Board of Education, as determined by city-wide election immediately preceding the expiration of such term. As the remaining terms of office expire, members shall be appointed to new terms in the following order: two members to be appointed by the Governor; two members to be appointed by the Mayor of the City of Atlanta; two members to be appointed by the Atlanta City Council; and two members to be appointed by a majority decision of the members of the General Assembly whose district lies partially or entirely within the city limits of the City of Atlanta.
(c) The members of the Board may reside anywhere within the City of Atlanta School District. All members of the Board must continue to reside within the school district during that person's term of office or that office shall become vacant.
(d) The chairperson of the Board who shall be the successor to a member of the board whose term of office is to expire first shall be elected at the general municipal election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. The remaining members of the Board shall serve for terms of office of two years each and until their respective successors are elected and qualified.
(e) The member of the Board who is 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."
(b) Those members of the Board who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the expiration of such term of office. The vacancy created by the first term to expire following the effective date of this Act shall be filled by the Chairman of the Board of Education, as determined by city-wide election immediately preceding the expiration of such term. As the remaining terms of office expire, members shall be appointed to new terms in the following order: two members to be appointed by the Governor; two members to be appointed by the Mayor of the City of Atlanta; two members to be appointed by the Atlanta City Council; and two members to be appointed by a majority decision of the members of the General Assembly whose district lies partially or entirely within the city limits of the City of Atlanta.
(c) The members of the Board may reside anywhere within the City of Atlanta School District. All members of the Board must continue to reside within the school district during that person's term of office or that office shall become vacant.
(d) The chairperson of the Board who shall be the successor to a member of the board whose term of office is to expire first shall be elected at the general municipal election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. The remaining members of the Board shall serve for terms of office of two years each and until their respective successors are elected and qualified.
(e) The member of the Board who is 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."
SECTION
3.
Said
Act is further amended in Section 2-104, as follows:
"SECTION
2-104.
Organization; oath; officers; quorum; rules;
voting requirements; meetings.
Organization; oath; officers; quorum; rules;
voting requirements; meetings.
(a)
Organizational meeting; oath. At the first regular meeting of the Board in
January following each regular election, the Board shall organize, take, and
subscribe before a judge of the Superior Court the following oath of
office:
"I
do solemnly swear (or affirm) that I will faithfully and impartially discharge
the duties of a member of the Atlanta Board of Education during my term in
office. I will not knowingly permit my vote in the election and appointment of
any person to a position in the Atlanta Independent School System, or on any
matter related to said school system, to be influenced by fear, favor,
affection, or reward, or hope thereof. In all things pertaining to my said
office, I will be governed by the public good and the interests of said school
system. I will observe the provisions of the city charter, the Act reorganizing
the Atlanta Board of Education, and the rules and regulations of the Atlanta
Board of Education. I further swear (or affirm) that I will support and defend
the Constitutions and laws of the State of Georgia and of the United States of
America."
(b)
Officers. At its first regular meeting in January of even-numbered years, the
Board shall elect a vice chairperson by a majority vote of its members. The
chairperson and vice chairperson shall serve for a term of two years. If the
chairperson or vice chairperson vacates the office, the Board will elect a new
chairperson to fill the unexpired
term
(c) Quorum. Five members of the Board shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time and compel the attendance of its members.
(d) Rules. The Board shall adopt rules of procedure governing the transaction of its business consistent with the provisions herein and any other applicable laws. The rules of the Board shall provide for regular meetings which shall be held at least monthly and in accordance with the provisions of Code Section 20-2-58 of the O.C.G.A., as now or hereafter amended, and shall provide for any special meetings of the Board.
(e) Voting requirement.
(c) Quorum. Five members of the Board shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time and compel the attendance of its members.
(d) Rules. The Board shall adopt rules of procedure governing the transaction of its business consistent with the provisions herein and any other applicable laws. The rules of the Board shall provide for regular meetings which shall be held at least monthly and in accordance with the provisions of Code Section 20-2-58 of the O.C.G.A., as now or hereafter amended, and shall provide for any special meetings of the Board.
(e) Voting requirement.
(1)
The affirmative vote of five members of the Board shall be required for the
transaction of business or the passage of any resolution; provided, however,
that a majority of a quorum of the Board may take official action in regards to
disciplinary matters related to appointed officers or employees of the Atlanta
school system.
(2)
No member of the Board shall abstain from voting at any duly called Board
meeting except in matters involving consideration of his or her own conduct,
matters which would inure to his or her financial or personal interests, or
matters which would be a conflict of interest as provided in Article 3 of this
Act. Such Board member shall, prior to the vote being taken, publicly state
during the meeting the nature of his or her interest in the matter from which he
or she is abstaining from voting and shall within ten days of such abstention
disclose the nature of his or her interest as a public record in a memorandum
filed with the Board secretary who shall incorporate the memorandum into the
minutes of the meeting.
(f)
Meetings. All meetings of the Board and any of its committees shall be public
in the same manner and to the same extent as required by Chapter 14 of Title 50
of the O.C.G.A., relating to open and public meetings, as now or hereafter
amended, and any citizen shall have access to the minutes and records thereof at
reasonable times. Said minutes shall include a synopsis of the discussion on
every question coming before the Board and any of its committees, and the names
of those Board members voting for and against each question, those abstaining,
and those absent.
(g) Public comment. The meetings of the Board and its committees shall provide a reasonable opportunity for the public to be heard during such meetings of the Board or its committees. The Board shall prescribe rules and regulations for the receipt of such comments from the public.
(h) Public communication. The Board shall develop a procedure for reporting, within 45 days of the meeting, to the public the minutes and the votes taken at monthly meetings. Such communication may be via Internet, newspaper, television, or any other reasonable method so long as it has the capability to reach many citizens."
(g) Public comment. The meetings of the Board and its committees shall provide a reasonable opportunity for the public to be heard during such meetings of the Board or its committees. The Board shall prescribe rules and regulations for the receipt of such comments from the public.
(h) Public communication. The Board shall develop a procedure for reporting, within 45 days of the meeting, to the public the minutes and the votes taken at monthly meetings. Such communication may be via Internet, newspaper, television, or any other reasonable method so long as it has the capability to reach many citizens."
SECTION
4.
Said
Act is further amended in Section 2-105, as follows:
"SECTION
2-105.
Powers, duties, responsibilities, and restrictions.
Powers, duties, responsibilities, and restrictions.
(a)
The Board shall:
(1)
Have and exercise control and management of the Atlanta school system in
accordance with the provisions of this Act, the city charter, and the
Constitution and general laws of the state. The Board is hereby vested with all
the powers and charged with all the duties provided to local boards of education
by the general laws of the state;
(2)
Provide all students with textbooks and furnish educational or instructional
materials, resources, and equipment adequately to such students;
(3)
Adopt by resolution rules and regulations related to the manner and method of
employing, disciplining, and terminating any employees of the school
system;
(4)
Adopt by resolution rules and procedures related to the procurement of supplies,
equipment, goods, and services for the school system;
(5)
Adopt by resolution rules and regulations for the governance of students,
including the discipline, suspension, or expulsion of students, in accordance
with due process;
(6)
Hear appeals from actions of the superintendent of schools and other
personnel;
(7)
Approve an annual budget for the Atlanta public school system and provide for
the levy of a tax for educational purposes as provided in this Act;
(8)
Approve school attendance zones;
(9)
Have the authority to sue and be sued as a school district in the name of the
Atlanta Independent School System;
(10)
Have the power to purchase, sell, rent, or lease property, both real and
personal, in the name of the Atlanta Independent School System with the title to
any property purchased being vested solely in the school system to the extent
that such property was acquired directly by the Board through funds of the
school system;
(11)
Have the authority to establish and maintain retirement or pension funds on
behalf of employees of the school system and their beneficiaries, to be managed
by a board of trustees, subject to applicable state laws; and further, in the
event social security provisions become available to employees or any group of
employees, to provide for the integration of such provisions with any existing
or proposed retirement or pension system;
(12)
Have the authority to enter into contracts with any person, firm, corporation,
or governmental unit or agency for the performance of educational services or
the use of educational facilities;
(13)
Adopt rules for the manner and extent the public is permitted to use buildings
under its control, which rules shall make available all such buildings which may
be needed or required for voting purposes on election days, including DeKalb
County elections held in the City of Atlanta portion of DeKalb
County;
(14)
Approve the superintendent's recommendation to hire or dismiss school system
staff, provided that such recommendations can be rejected by the Board only with
a three-fourths' vote of the Board. Notwithstanding this provision, a majority
vote of the Board is sufficient to reject the superintendent's recommendation,
if a majority vote is required to comply with provisions of the Fair Dismissal
Act; and
(15)
The Board may call an executive session as provided by law. Executive sessions
shall not exclude the superintendent unless a discussion of the superintendent
is the subject of the executive session.
(b)
The Board shall not:
(1)
Employ one of its members for any position in the school system;
(2)
Do business with a partnership or corporation owned in whole or part by a Board
member or a relative of a board member, unless the stock of the firm is publicly
traded and there are more than 75 stockholders;
(3)
Do business with a bank or financial institution where a Board member is an
employee, stockholder, director, or officer when such member owns 10 percent or
more stock in that institution; or
(4)
Employ or promote any person who is a relative of any Board member unless a
public, recorded vote is taken on such employment or promotion as a separate
matter from any other personnel matter. Any Board member whose relative is
being considered for employment shall not vote on such employment.
(c)
For purposes of this section, the term "relative" is as defined in Section 3-101
of this Act."
SECTION
5.
Said
Act is further amended in Section 2-108, as follows:
"SECTION
2-108.
Recall of a Board member.
Recall of a Board member.
Any
member of the Board who is elected may be recalled and removed from office as
provided by Chapter 4 of Title 21 of the O.C.G.A., the "Recall Act of 1989," as
now or hereafter amended."
SECTION
6.
Said
Act is further amended in Section 2-109, as follows:
"SECTION
2-109.
Vacancies; filling of vacancies.
Vacancies; filling of vacancies.
(a)
The office of a Board member shall become vacant upon the occurrence of any
event specified by the Constitution of the State of Georgia, Title 45 of the
O.C.G.A., or such other applicable laws as are or may be hereafter
enacted.
(b) In the event of a vacancy occurring in the membership of the Board who are appointed for any reason other than the expiration of term, that vacancy shall be filled for the unexpired term of office in the same manner as the original appointment of such position.
(c) In the event of a vacancy occurring in the position of chairman of the Board for any reason other than the expiration of term, that vacancy shall be filled as follows:
(b) In the event of a vacancy occurring in the membership of the Board who are appointed for any reason other than the expiration of term, that vacancy shall be filled for the unexpired term of office in the same manner as the original appointment of such position.
(c) In the event of a vacancy occurring in the position of chairman of the Board for any reason other than the expiration of term, that vacancy shall be filled as follows:
(1)
If the vacancy occurs more than one year prior to the date of a general election
at which a successor will be elected to a new full term of office, then such
vacancy shall be filled for the unexpired term of office by city electors at a
special election;
(2)
If the special election to fill the vacancy is scheduled to take place on the
same date with a general or primary election, and said election occurs more than
90 days after the vacancy occurs, the remaining members of the Board shall, by
majority vote, select a qualified person to fill the vacancy until the person
elected at such special election takes office. However, such appointment shall
not be made until after the period for qualifying for the special election has
closed, and any individual who qualified to stand for election in the special
election shall not be eligible for such appointment; and
(3)
If the vacancy occurs one year or less prior to the date of the general election
at which a successor will be elected to a new full term of office, the remaining
members of the Board shall, by majority vote, select a qualified person to serve
for the remainder of the unexpired term.
(d)
Any person elected or appointed to fill a vacancy pursuant to this section shall
possess the same qualifications required for election or appointment to a full
term of office as provided in this Act for any person seeking to be elected or
appointed to the Board. The special election shall be held within the entire
city.
(e) When a vacancy requires a special election, the Board shall within 15 days after the occurrence of such vacancy call a special election to fill the balance of the unexpired term of such office.
(f) When a vacancy requires an appointment, such person shall be appointed within 30 days of the date the vacancy occurs. However, if a vacancy occurs due to a resignation, the successor may be appointed up to 30 days prior to the effective date of the resignation subject to the appointment becoming effective on the occurrence of the vacancy.
(g) The Board shall develop procedures to be used to fill vacancies by appointment. Such policies shall be consistent with the provisions of this Act."
(e) When a vacancy requires a special election, the Board shall within 15 days after the occurrence of such vacancy call a special election to fill the balance of the unexpired term of such office.
(f) When a vacancy requires an appointment, such person shall be appointed within 30 days of the date the vacancy occurs. However, if a vacancy occurs due to a resignation, the successor may be appointed up to 30 days prior to the effective date of the resignation subject to the appointment becoming effective on the occurrence of the vacancy.
(g) The Board shall develop procedures to be used to fill vacancies by appointment. Such policies shall be consistent with the provisions of this Act."
SECTION
7.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.
