Bill Text: GA HB842 | 2011-2012 | Regular Session | Introduced
Bill Title: Decatur, City of; Board of Education; change description of districts
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2012-03-20 - Effective Date [HB842 Detail]
Download: Georgia-2011-HB842-Introduced.html
12 LC
35 2394/AP
House
Bill 842 (AS PASSED HOUSE AND SENATE)
By:
Representatives Benfield of the
85th,
Abrams of the
84th,
and Oliver of the
83rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act relating to the Board of Education of the City of Decatur, approved
April 13, 2001 (Ga. L. 2001, p. 4351), so as to reconstitute the board of
education; to change the descriptions of the education districts; to provide for
continuation in office of current members; to provide for the election and terms
of office of subsequent members; to provide for submission of this Act for
approval under the federal Voting Rights Act of 1965, as amended; to provide for
related matters; to provide for an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act relating to the Board of Education of the City of Decatur, approved April
13, 2001 (Ga. L. 2001, p. 4351), is amended by striking Section 7.10 and
inserting in its place a new Section 7.10 to read as follows:
"SECTION
7.10.
Public schools generally.
Public schools generally.
(a)
The public school system in operation in the city immediately prior to the
effective date of this Act is hereby continued. The Board of Education of the
City of Decatur which existed immediately prior to the effective date of this
Act, sometimes referred to in this Act as the 'board of education,' is continued
in existence.
(b) The Board of Education of the City of Decatur, so continued, shall continue to have the powers, duties, rights, obligations, and liabilities of the Board of Education of the City of Decatur as existed immediately prior to the effective date of this Act and shall be subject to all constitutional and statutory provisions relating to boards of education that are not in conflict with this Act.
(c) The Board of Education of the City of Decatur shall be a body corporate and politic and shall be empowered to engage in legal process and to enact such policies, bylaws, rules, and regulations, not inconsistent with the laws of this state or of the United States, for the government of the members of the board of education, the superintendent of schools, and teachers and students of such schools, as the board of education may deem proper.
(d) The members of the Board of Education of the City of Decatur who are serving on such board of education immediately prior to the effective date of this Act, and any person selected to fill a vacancy in any such offices, shall continue to serve as such members until their terms of office expire. The Board of Education of the City of Decatur shall continue to consist of five members, four of whom shall be elected from election districts described in this subsection, and one member who shall be elected at large. For the purpose of electing the four district members of the board of education, the City of Decatur School District is divided into two election districts. The districts shall consist of the described territory of the City of Decatur School District contained in the description attached to this Act and made a part hereof as further identified as 'Plan: decaturcitysb-2012 Plan Type: Local Administrator: City of Decatur User: bak'.
(e) For the purposes of subsection (d) of this section:
(b) The Board of Education of the City of Decatur, so continued, shall continue to have the powers, duties, rights, obligations, and liabilities of the Board of Education of the City of Decatur as existed immediately prior to the effective date of this Act and shall be subject to all constitutional and statutory provisions relating to boards of education that are not in conflict with this Act.
(c) The Board of Education of the City of Decatur shall be a body corporate and politic and shall be empowered to engage in legal process and to enact such policies, bylaws, rules, and regulations, not inconsistent with the laws of this state or of the United States, for the government of the members of the board of education, the superintendent of schools, and teachers and students of such schools, as the board of education may deem proper.
(d) The members of the Board of Education of the City of Decatur who are serving on such board of education immediately prior to the effective date of this Act, and any person selected to fill a vacancy in any such offices, shall continue to serve as such members until their terms of office expire. The Board of Education of the City of Decatur shall continue to consist of five members, four of whom shall be elected from election districts described in this subsection, and one member who shall be elected at large. For the purpose of electing the four district members of the board of education, the City of Decatur School District is divided into two election districts. The districts shall consist of the described territory of the City of Decatur School District contained in the description attached to this Act and made a part hereof as further identified as 'Plan: decaturcitysb-2012 Plan Type: Local Administrator: City of Decatur User: bak'.
(e) For the purposes of subsection (d) of this section:
(1)
The terms 'VTD' or 'district' 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 2010 for the State of Georgia.
(2)
Whenever the description of any election district refers to a named city, it
shall mean the geographical boundaries of that city as shown on the census map
of the United States decennial census of 2010 for the State of
Georgia.
(3)
VTD designations are included for convenience only; and if the description of
any election district contains a conflict between the geographical boundaries of
any VTD and the boundaries of the subsequently named district, the geographical
boundary as shown on the census maps for the United States decennial census of
2010 for the State of Georgia shall control.
(4)
Any part of the City of Decatur School District that is not included in any
election district described in subsection (d) of this section shall be included
within the election district contiguous to such part that contains the least
population according to the United States decennial census of 2010 for the State
of Georgia.
(5)
Any part of the City of Decatur School District that is described in subsection
(d) of this section as being included in a particular election district shall
nevertheless not be included within such election district if such part is not
contiguous to such election district. Such noncontiguous part shall instead be
included within that election district contiguous to such part that contains the
least population according to the United States decennial census of 2010 for the
State of Georgia.
(f)
Two members shall be elected from each election district provided for in
subsection (d) of this section. The members elected from an election district
shall be elected solely by the voters of the election district voting in an
election thereon. There shall be a Post A and a Post B in each election
district, and each candidate shall designate the post for which the candidate is
offering. A candidate for the board of education from an election district
shall have been a resident of the district from which the candidate is offering
for at least 12 months prior to the election. A member elected to the board of
education from an election district shall remain a resident of the respective
district during the term for which such member was
elected.
(g) A candidate for the at-large office on the board of education may reside anywhere within the City of Decatur School District and shall be elected by the voters of the City of Decatur School District voting in an election thereon.
(h) All candidates for office on the board of education shall be at least 21 years of age. Persons employed by the City of Decatur School System shall not be eligible to be members of the board of education.
(i) The first members of the Board of Education of the City of Decatur elected under this Act shall be elected on the first Tuesday next following the first Monday in November, 2013. Such members shall be the persons elected to Post A of Election District 1, Post A of Election District 2, and the at-large post. They shall take office on January 1, 2014, and shall serve terms of four years and until their successors are elected and qualified. Successors to such members shall be elected at the general municipal election held on the first Tuesday next following the first Monday in November, 2017, and quadrennially thereafter for terms of office of four years.
(j) Members shall be elected to Post B of Election District 1 and Post B of Election District 2 on the first Tuesday next following the first Monday in November, 2015. Such members shall take office on January 1, 2016, and shall serve terms of four years and until their successors are elected and qualified. Successors to such members shall be elected at the general municipal election held on the first Tuesday next following the first Monday in November, 2019, and quadrennially thereafter for terms of office of four years.
(k) Political parties shall not conduct primaries for board of education offices, and all names of candidates for such offices shall be listed without party designation.
(l) The person receiving a plurality of the votes cast for any office on the board of education shall be elected.
(m) Any vacancy in the board of education as a result of death, resignation, removal from the city, removal from an election district, or otherwise, except for the expiration of a term of office, shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A."
(g) A candidate for the at-large office on the board of education may reside anywhere within the City of Decatur School District and shall be elected by the voters of the City of Decatur School District voting in an election thereon.
(h) All candidates for office on the board of education shall be at least 21 years of age. Persons employed by the City of Decatur School System shall not be eligible to be members of the board of education.
(i) The first members of the Board of Education of the City of Decatur elected under this Act shall be elected on the first Tuesday next following the first Monday in November, 2013. Such members shall be the persons elected to Post A of Election District 1, Post A of Election District 2, and the at-large post. They shall take office on January 1, 2014, and shall serve terms of four years and until their successors are elected and qualified. Successors to such members shall be elected at the general municipal election held on the first Tuesday next following the first Monday in November, 2017, and quadrennially thereafter for terms of office of four years.
(j) Members shall be elected to Post B of Election District 1 and Post B of Election District 2 on the first Tuesday next following the first Monday in November, 2015. Such members shall take office on January 1, 2016, and shall serve terms of four years and until their successors are elected and qualified. Successors to such members shall be elected at the general municipal election held on the first Tuesday next following the first Monday in November, 2019, and quadrennially thereafter for terms of office of four years.
(k) Political parties shall not conduct primaries for board of education offices, and all names of candidates for such offices shall be listed without party designation.
(l) The person receiving a plurality of the votes cast for any office on the board of education shall be elected.
(m) Any vacancy in the board of education as a result of death, resignation, removal from the city, removal from an election district, or otherwise, except for the expiration of a term of office, shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A."
SECTION
2.
Said
Act is further amended by striking the description of Education Districts 1 and
2 contained in the Appendix thereto and inserting in its place the description
of Education Districts 1 and 2 attached to and made a part of this Act and
further identified as "Plan: decaturcitysb-2012 Plan Type: Local Administrator:
City of Decatur User: bak."
SECTION
3.
The
governing authority of the Board of Education of the City of Decatur 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 to the United States Department of Justice or filed with the appropriate
court 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
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.
Plan:
decaturcitysb-2012
Plan Type: Local
Administrator: City of Decatur
User: bak
Plan Type: Local
Administrator: City of Decatur
User: bak
District
001
DeKalb County
VTD: 089CI - CLAIREMONT WEST
VTD: 089CV - CLAIREMONT EAST
VTD: 089FB - FERNBANK ELEM
1021 1034
VTD: 089GA - GLENNWOOD (DEC)
1037 1039
1020 1021 1022 2001 2002 2003 2004 2005 2006 2007 2008 2009
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
2022 2023 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
2036 2037
VTD: 089NB - NORTH DECATUR
1026
VTD: 089OK - OAKHURST (DEC)
1026
3019 3020
VTD: 089PG - PONCE DE LEON
1003 1010 1022 3000 3001 3002 3003 3004 3005 3006 3007 3008
3010 3011 3012 3013 3014 3015 3016 3017 3018 3027 4015 4019
2024 2025
VTD: 089SB - SCOTT
3011
DeKalb County
VTD: 089CI - CLAIREMONT WEST
VTD: 089CV - CLAIREMONT EAST
VTD: 089FB - FERNBANK ELEM
1021 1034
VTD: 089GA - GLENNWOOD (DEC)
1037 1039
1020 1021 1022 2001 2002 2003 2004 2005 2006 2007 2008 2009
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
2022 2023 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
2036 2037
VTD: 089NB - NORTH DECATUR
1026
VTD: 089OK - OAKHURST (DEC)
1026
3019 3020
VTD: 089PG - PONCE DE LEON
1003 1010 1022 3000 3001 3002 3003 3004 3005 3006 3007 3008
3010 3011 3012 3013 3014 3015 3016 3017 3018 3027 4015 4019
2024 2025
VTD: 089SB - SCOTT
3011
District
002
DeKalb County
VTD: 089AF - HOOPER ALEXANDER
3002 3008 3011
VTD: 089FD - FORREST HILLS ELEM
1006 1008 1028
VTD: 089GA - GLENNWOOD (DEC)
1001 1002 1003 1004 3000 3001 3002 3003 3004
1010 1011 1014 1016
VTD: 089OK - OAKHURST (DEC)
3021 3022 3023 3026
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 2004 2005 2006 2007
2008 2009 2010 2011 2012 3016 3017 3018 3019 3020 3021 3022
3023 3024 3025 3026 3027 3028 3029
VTD: 089PG - PONCE DE LEON
1004 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020
1021 1023 1024 3009 3024 3025
VTD: 089RN - RENFROE MIDDLE
VTD: 089WF - WINNONA PARK ELEM
DeKalb County
VTD: 089AF - HOOPER ALEXANDER
3002 3008 3011
VTD: 089FD - FORREST HILLS ELEM
1006 1008 1028
VTD: 089GA - GLENNWOOD (DEC)
1001 1002 1003 1004 3000 3001 3002 3003 3004
1010 1011 1014 1016
VTD: 089OK - OAKHURST (DEC)
3021 3022 3023 3026
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 2004 2005 2006 2007
2008 2009 2010 2011 2012 3016 3017 3018 3019 3020 3021 3022
3023 3024 3025 3026 3027 3028 3029
VTD: 089PG - PONCE DE LEON
1004 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020
1021 1023 1024 3009 3024 3025
VTD: 089RN - RENFROE MIDDLE
VTD: 089WF - WINNONA PARK ELEM
