Bill Text: GA SB254 | 2011-2012 | Regular Session | Engrossed

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Bill Title: Cobb County-Marietta Water Authority; terms of office of members of authority; change provisions

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-07-01 - Effective Date [SB254 Detail]

Download: Georgia-2011-SB254-Engrossed.html

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11 LC 14 0442

Senate Bill 254

By: Senators Tippins of the 37th, Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Thompson of the 33rd

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, so as to change provisions relating to the terms of office of members of the authority; to change provisions relating to vacancies in office; to change provisions relating to removal of members for cause; 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 Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, is amended by revising subsection (c) of Section 2 as follows:

"(c) The term of office of the chairperson of the Board of Commissioners of Cobb County as a member of the authority and the term of office of the chairperson of the Board of Commissioners of Paulding County as a member of the authority shall be concurrent with their terms of office as chairpersons except that the term of office of the chairperson of the Board of Commissioners of Paulding County shall begin on August 15, 2006. The member of the authority appointed by the governing authority of Marietta serving on July 1, 2006, shall serve until August 14, 2008, and until his or her successor is appointed and qualified. The member of the authority appointed by the governing authority of Smyrna shall begin serving on August 15, 2006, and shall serve until August 14, 2008, or until his or her successor is appointed and qualified. Thereafter, both the member of the authority appointed by Marietta and the member of the authority appointed by Smyrna shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms. The three members of the authority appointed by the members of the General Assembly from Cobb County serving on the effective date of the 2011 amendment to this subsection shall serve until their successors are appointed and qualified and until the following dates: the member from unincorporated Cobb County shall serve until August 14, 2011; the member from Cobb Commission District 2 or 3, excluding residents of Marietta and Smyrna, shall serve until August 14, 2013; and the member from Cobb Commission District 1 or 4, excluding residents of Marietta and Smyrna, shall serve until August 14, 2014. Thereafter, the members of the authority appointed by the members of the General Assembly from Cobb County shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms."

SECTION 2.

Said Act is further amended by revising Sections 2A and 2B as follows:

"SECTION 2A.
Vacancies.

In the event of a vacancy in the membership of the authority by reason of death, resignation, disability, or removal for cause, said vacancy shall be filled by the governing authority, chairperson of the governing authority, or caucus which originally selected the vacating member in question.

SECTION 2B.
Removal of members.

The appointing authority may remove any members appointed by it for cause. No member or the chairperson of the authority shall be thus removed unless he or she has been given a copy of the charges against him or her and an opportunity to be publicly heard in his or her own defense in person or by counsel with at least ten days written notice. A member or the chairperson removed from office shall have the right of judicial review of his or her removal by an appeal to the Superior Court of Cobb County but only on the ground of error of law or abuse of discretion. In case of an abandonment of his or her office, conviction of a crime involving moral turpitude, or a plea of nolo contendere thereto, the office of such member or chairperson shall be declared vacant by the authority. A member or the chairperson shall be deemed to have abandoned his or her office upon failure to attend any regular or special meeting of the authority for a period of three months without excuse approved by a resolution of the authority."

SECTION 3.

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