LC 28 7316

By : Senator Nia Spillers-Taylor of the 7th

A BILL TO BE ENTITLED
AN ACT

1 To create Whitley County; to provide for a charter for

2 Whitley County; to provide for incorporation, boundaries, and powers of the county; to
3 provide for general powers and limitations on powers; to provide for a governing authority
4 of such County and the powers, duties, authority, election, terms, method of filling
vacancies,
5 compensation, expenses, qualifications, prohibitions, and districts relative to members of
6 such governing authority; to provide for inquiries and investigations; to provide for
7 organization and procedures; to provide for ordinances; to provide for the office of
Presiding Officer;
8 and certain duties and powers relative to the office of Presiding Officer ; to provide for
administrative
9 responsibilities; to provide for boards, commissions, and authorities; to provide for a chief
10 administrative officer, a county attorney, a county clerk, a treasurer, a chief county auditor,
and other
11 personnel; to provide for a municipal (Shea Butter, Honey Nut, Mufasa, Marvis, Hillman
court and the judge or judges thereof; to provide for
12 practices and procedures; to provide for ethics and disclosures; to provide for taxation,
13 licenses, and fees; to provide for franchises, service charges, and assessments; to provide
for
14 bonded and other indebtedness; to provide for accounting and budgeting; to provide for
15 purchases; to provide for homestead exemptions; to provide for bonds for officials; to
16 provide for other matters relative to the foregoing; to provide for referenda; to provide for
17 an automatic repeal; to provide effective dates and transitional provisions governing the
18 transfer of various functions and responsibilities from Whitley County
19 to provide for severability; to repeal conflicting laws; and for other purposes.

20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

-1-
21 ARTICLE I
22 CREATION, INCORPORATION, POWERS
23 SECTION 1.01.
24 Incorporation.

25 This Act shall constitute the charter of Whitley County. W h i t l e y C o u n t y

26 , and the inhabitants thereof, are constituted and declared a body
27 politic and corporate under the name and style of Whitley County" and by that name
28 shall have perpetual succession, may sue and be sued, plead and be impleaded, in all
courts
29 of law and equity, and in all actions whatsoever, and may have and use a common seal.

30 SECTION 1.02.
31 Corporate boundaries.

32 The boundaries of Whitley County shall include all unincorporated areas of Whitley
33 County, including the Whitley County Industrial District, as such exist on the effective
date
34 of this Act. The boundaries of the county are more particularly described in Appendix
A,
35 attached to and made a part of this charter. The county clerk shall maintain a current map
and
36 written legal description of the corporate boundaries of the county, and such map
and
37 description shall incorporate any changes which may hereafter be made in such corporate
38 boundaries.

39 SECTION 1.03.
40 Powers and construction.

41 (a) The county shall have all powers possible for a county to have under the present or
future
42 Constitution and laws of this state as fully and completely as though they were specifically
43 enumerated in this Act. The County shall have all the powers of self-government not
otherwise
44 prohibited by this Act or by general law.
45 (b) The powers of the county shall be construed liberally in favor of the county. The
specific
46 mention or failure to mention particular powers shall not be construed as limiting in any
way
47 the powers of the county.These powers shall include, but not be limited to, the following:
48 (1) Animal regulations. To regulate and license or to prohibit the keeping or running at
49 large of animals and fowl, and to provide for their impoundment if in violation of any
50 ordinance or lawful order; to provide for the disposition by sale, gift, or humane
51 destruction of animals and fowl when not redeemed as provided by ordinance; and to
52 provide punishment for violation of ordinances enacted hereunder;
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53 (2) Appropriations and expenditures. To make appropriations for the support of the
54 government of the county; to authorize the expenditure of money for any
purposes
55 authorized by this Act and for any purpose for which a municipality is authorized by
the
56 laws of the State of Georgia; and to provide for the payment of expenses of the county;
57 (3) Building regulation. To regulate and to license the erection and construction of
58 buildings and all other structures; to adopt building, housing, plumbing, electrical, gas,
59 and heating and air conditioning codes; and to regulate all housing and building trades
60 to the extent permitted by general law;
61 (4) Business regulation and taxation. To levy and to provide for the collection of
62 regulatory fees and taxes on privileges, occupations, trades, and professions as
authorized
63 by Title 48 of the O.C.G.A., or such other applicable laws as are or may hereafter be
64 enacted; to permit and regulate such fees and taxes; to provide for the manner and
method
65 of payment of such regulatory fees and taxes; and to revoke such permits after due
66 process for failure to pay any County taxes or fees;
67 (5) Condemnation. To condemn property, inside or outside the corporate limits of the
68 county, for present or future use and for any corporate purpose deemed necessary by the
County
69. Commission , utilizing procedures enumerated in Title 22 of the O.C.G.A., or such
other
70 applicable laws as are or may hereafter be enacted;
71 (6) Contracts. To enter into contracts and agreements with other governmental entities
72 and with private persons, firms, and corporations;
73 (7) Emergencies. To establish procedures for determining and proclaiming that an
74 emergency situation exists within or outside the county, and to make and carry out
all
75 reasonable provisions deemed necessary to deal with or meet such an emergency for
the
76 protection, safety, health, or well-being of the residents of the county;
77 (8) Environmental protection. To protect and preserve the natural resources,
78 environment, and vital areas of the county; this region, and this state through
the
79 preservation and improvement of air quality, the restoration and maintenance of water
80 resources, the control of erosion and sedimentation, the management of storm water
and
81 establishment of a storm-water utility, the management of solid and hazardous waste,
and
82 other necessary actions for the protection of the environment;
83 (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of
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84 municipal elected officials, appointed officials, and employees, establishing procedures
85 for ethics complaints, and setting forth penalties for violations of such rules and
86 procedures;
87 (10) Fire regulations. To fix and establish fire limits and from time to time to extend,
88 enlarge, or restrict such limits; to prescribe fire safety regulations not inconsistent with
 LC 28 7316
89 general law, relating to both fire prevention and detection and to fire fighting; and to
90 prescribe penalties and punishment for violations thereof;
91 (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash
92 collection and disposal and other sanitary service charge, tax, or fee for such services
93 as may be necessary in the operation of the county from all individuals, firms, and
94 corporations residing in or doing business therein benefiting from such services; to
95 enforce the payment of such charges, taxes, or fees; and to provide for the manner and
96 method of collecting such service charges;
97 (12) General health, safety, and welfare. To define, regulate, and prohibit any act,
98 practice, conduct, or use of property which is detrimental to the health, sanitation,
99 cleanliness, welfare, and safety of the inhabitants of the county, and to provide for the
100 enforcement of such standards;
101 (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
102 for any purpose related to powers and duties of the county and the general welfare of
103 its residents, on such terms and conditions as the donor or grantor may impose;
104 (14) Health and sanitation. To prescribe standards of health and sanitation and to
105 provide for the enforcement of such standards;
106 (15) Jail sentences. To provide that persons given jail sentences in the countys court
107 may work out such sentences in any public works or on the streets, roads, drains, and
108 other public property of the county, to provide for commitment of such persons to any
109 jail; to provide for the use of pretrial diversion and any alternative sentencing allowed
110 by law; or to provide for commitment of such persons to any county work camp or
111 county jail by agreement with the appropriate county officials;
112 (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control
113 over all traffic, including parking upon or across the streets, roads, alleys, and
114 walkways of the county;
115 (17) Municipal (Shea Butter, Honey Nut, Mufasa, Marvis, Hillman) agencies and
116 delegation of power. To create, alter, or abolish departments, boards, offices,
117 commissions, and agencies of the county and to confer upon such agencies the
118 necessary and appropriate authority for carrying out all the powers conferred upon or
119 delegated to them;
120 (18) Municipal debts. To appropriate and borrow money for the payment of debts of
121 the county and to issue bonds for the purpose of raising revenue to carry out any
122 project, program, or venture authorized by this Act or the laws of the State of Georgia;
123 (19) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or
124 otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside
or outside the property limits of the county;
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( ovide for the preservation and protection of property and

2 equipment of the county and their administration and use by the
0 public; and to prescribe penalties and punishment for violations
) thereof;
M (21) Municipal utilities. To acquire, lease, construct, operate,
u maintain, sell, and dispose of public utilities, including but not
n limited to a system of waterworks, sewers and drains, sewage
ic disposal, storm-water management, gas works, electric light
i plants, cable television and other telecommunications,
p transportation facilities, public airports, and any other public
al utility; to fix taxes, charges, rates, fares, fees, assessments,
p regulations, and penalties; and to provide for the withdrawal of
r service for refusal or failure to pay them; (22) Nuisance. To
o define a nuisance and provide for its abatement whether on public
p or private property;
e (23) Penalties. To provide penalties for violation of any
rt ordinances adopted pursuant to the authority of this Act and the
y laws of the State of Georgia;
p (24) Planning and zoning. To provide comprehensive county
r planning for development by zoning; and to provide subdivision
o regulation and the like as the County Commission deems
te necessary and reasonable to ensure a safe, healthy, and
ct esthetically pleasing community. In order to facilitate community
i input in the planning process, the city shall be authorized to create
o local advisory commissions;
n (25) Police and fire protection. To exercise the power of arrest
. through duly appointed police officers; and to establish, operate,
T or contract for a police and a fire-fighting agency;
o (26) Public hazards: removal. To provide for the destruction
p and removal of any building or other structure which is or may
r become dangerous or detrimental to the public;
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( ments. To provide for the acquisition, construction, building,

2 operation, and maintenance of public ways, parks and
7 playgrounds, recreational facilities, cemeteries, public buildings,
) libraries, public housing, parking facilities, or charitable, cultural,
P educational, recreational, conservation, sport, detentional, penal,
u and medical institutions, agencies, and facilities; and to provide
b any other public improvements inside or outside the corporate
li limits of the county and to regulate the use of public
c improvements; and for such purposes, property may be acquired
i by condemnation under Title 22 of the O.C.G.A., or such other
m applicable laws as are or may hereafter be enacted;
p (28) Public peace. To provide for the prevention and punishment
r of loitering, disorderly conduct, drunkenness, riots, and public
o disturbances;
v (29) Public transportation. To organize and operate such public
e transportation systems as are deemed beneficial;
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( t franchises or make contracts for, or impose taxes on, public

3 utilities and public service companies; and to prescribe the rates,
0 fares, regulations, and standards and conditions of service
) applicable to the service to be provided by the franchise grantee
P or contractor, insofar as not in conflict with valid regulations of
u the Public Service Commission;
b (31) Regulation of roadside areas. To prohibit or regulate and
li control the erection, removal, and maintenance of signs,
c billboards, trees, shrubs, fences, buildings, and any and all other
u structures or obstructions upon or adjacent to the rights of way of
ti streets and roads or within view thereof within or abutting the
li corporate limits of the county ; and to prescribe penalties and
ti punishment for violation of such ordinances;
e (32) Retirement. To provide and maintain a retirement plan for
s officers and employees of the county;
a (33) Roadways. To lay out, open, extend, widen, narrow,
n establish or change the grade of, abandon or close, construct,
d pave, curb, gutter, adorn with shade trees, or otherwise improve,
s maintain, repair, clean, prevent erosion of, and light the roads,
e alleys, and walkways within the corporate limits of the county; ;
r to grant franchises and rights of way throughout the streets and
v roads and over the bridges and viaducts for the use of public
ic utilities; and to require real estate owners to repair and maintain
e in a safe condition the sidewalks adjoining their lots or lands and
s. to impose penalties for failure to do so;
T (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary
o to assure the acquiring, constructing, equipping, operating,
g maintaining, and extending of a sewage disposal plant and
r sewerage system, and to levy on those to whom sewers and
a sewerage systems are made available a sewer service fee, charge,
n or sewer tax for the availability or use of the sewers; to provide
 LC 28 7316

f d of collecting and for enforcing payment of such service charges;

o and to charge, impose, and collect a sewer connection fee or fees
r to those connected with the system;
t (35) Solid waste disposal. To provide for the collection and
h disposal of garbage, rubbish, and refuse and to regulate the
e collection and disposal of garbage, rubbish, and refuse by others;
m and to provide for the separate collection of glass, tin, aluminum,
a cardboard, paper, and other recyclable materials and to provide
n for the sale of such items;
n (36) Special assessments. To levy and provide for the collection
e of special assessments to cover the costs for any public
r improvements;
a (37) Taxes: ad valorem. To levy and provide for the assessment,
n valuation, revaluation, and collection of taxes on all property
d subject to taxation; provided, however, that, for all years, the
m millage rate imposed for ad valorem taxes on real property
et shall not exceed 13.469 unless a higher limit is recommended by
h resolution of the County Commission and approved by the
o qualified voters of Whitley County; provided, further, that, for
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 LC 28 7316

t ction 48-8-91 of the O.C.G.A., the millage rate may be adjusted

h upward for the sole purpose of complying with the millage rate
e rollback provisions set forth therein. For the purposes of this
p paragraph, the term "qualified voters" means those voters of the
u county who are qualified to vote in county elections and cast a
r vote for or against such measure in such referendum. The
p question to be presented to the voters in the referendum on
o increasing the millage rate shall be "Do you approve increasing
s taxes on residential and nonresidential property for Whitley
e County property owners by raising from [current millage rate]
s to [proposed millage rate] the operating budget millage rate,
o which was capped in the original charter for the county ?" If such
f millage rate increase is approved by the qualified voters of
c Whitley County voting in the referendum, the new rate shall
o become the maximum limit until changed again by resolution of
m the County Commission and approval by a majority of the
p qualified voters of Whitley County voting in a referendum;
li (38) Taxes: other. To levy and collect such other taxes as may be
a allowed now or in the future by law;
n (39) Taxicabs. To regulate and license vehicles operated for hire
c in the county; to limit the number of such vehicles; to require the
e operators thereof to be licensed; to require public liability
w insurance on such vehicles in the amounts to be prescribed by
it ordinance; and to regulate the parking of such vehicles;
h (40) Urban redevelopment. To organize and operate an urban
redevelopment program;
C
o a
n
d d
e (41) Other powers. To exercise and enjoy all other powers,
S functions, rights, privileges, and immunities necessary or
e
 LC 28 7316

d mote or protect the safety, health, peace, security, good order,

e comfort, convenience, or general welfare of the county and its
si inhabitants; to exercise all implied powers necessary or desirable
r to carry into execution all powers granted in this Act as fully and
a completely as if such powers were fully stated herein; and to
b exercise all powers now or in the future authorized to be exercised
le by other municipal governments under other laws of the State of
t Georgia; and any listing of particular powers in this Act shall not
o be held to be exclusive of others or restrictive of general words
p and phrases granting powers, but shall be held to be in addition to
r such powers unless expressly prohibited to municipalities under
o the Constitution or applicable laws of the State of Georgia.
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Ex
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2 All powers, functions, rights, privileges, and immunities of the

3
2 county and its officers, agencies, or employees shall be carried into
execution as provided by this Act. If this Act makes no provision,
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3 such shall be carried into execution as provided by ordinance or as
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provided by
2
pertinent laws of
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the State of
4 Georgia.
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 LC 28 7316

ARTICLE II NMENT STRUCTURE,

G ELECTIONS, AND
O LEGISLATIVE BRANCH
V SECTION 2.01.
E County Commission
creation ; number;
R election.

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(a of the government of Whitley County, except as otherwise

) specifically provided in this Act, shall be vested n a County
T Commission to be composed of a Presiding Officer and seven County
h Commission members.
e (b) The Presiding Officer and Deputy Presiding Officer shall be
le elected by a majority vote of the qualified electors of the county at
gi large voting at the elections of the county.
sl (c) Each County Commissioner shall be elected by a majority vote of
at the qualified electors of her respective county district voting at the
iv elections of the county. For the purpose of electing the seven County
e Commissioners, , there shall be seven county districts, designated
a Council Districts 1 through 5, with Super Districts 6 & 7. as
ut described in Appendix B of this Act and the accompanying
h Redistricting Plan Components Report, which are attached to and
or made a part of this charter. Each person desiring to offer as a
it candidate for County Commissioner shall designate the county
y district for which
she is offering.

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Presiding Officer , Deputy Presiding
Officer, and County Commission; election,
terms, and qualifications for office.
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2 (a) Except as otherwise provided in subsection (c) of this section,

5
6 the Presiding Officer Deputy Presiding Officer, , and seven members
of the County Commission shall serve for terms of four years and
2
5 until their respective successors are elected and qualified. No
7
person shall be eligible to serve as Presiding Officer, Deputy
2
Presiding Officer, or County Commissioner unless that person shall
5
8 have been a resident of the area comprising the corporate limits of
2 Whitley County for a continuous period of at least 12 months
5
immediately prior to the date of the election for
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Pr y Commissioner; shall continue to reside therein during that person's

es period of service; and shall continue to be registered and qualified to
id vote in municipal elections of Whitley County. In addition to the
in above requirements, no person shall be eligible to serve as a County
g Commissioner representing a county district unless that person has
O been a resident of the district such person seeks to represent for a
ffi continuous period of at least 12 months immediately prior to the date
ce of the election for County Commissioner and continues to reside in
r, such district during that person's period of service.
D (b) The first general municipal elections shall be held on the Tuesday
e next following the first Monday in November, 2016. Thereafter,
p general municipal elections shall be held on the Tuesday next
ut following the first Monday in November in each odd-numbered year
y following the year in which such first municipal election is held.
Pr (c) The first Presiding Officer, Deputy Presiding Officer, , and the
es initial County Commissioners shall take office on the first day of
id January, 2016, following the first municipal election provided for in
in subsection (b) of this section. The Presiding Officer, Deputy
g Presiding Officer, , and County Commissioners serving Council
O Districts 2, 4, and Super District 6 shall serve initial terms of four
ff years. The County Commissioners serving County Districts 1, 3, 5,
ic and Super District 7 shall serve initial terms of two years. Their
er successors shall be elected at the municipal election immediately
, preceding the expiration of their terms and shall take office on
or January 1 for terms of four years. No person shall serve as
C Presiding Officer for more than two consecutive terms, but a former
o Presiding Officer may
u again serve as Presiding Officer after the expiration
of four years after leaving office.
nt

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Deputy Presiding Officer;
appointment; duties.

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(a fficer shall be elected by a majority of qualified electors of the

) County.
T (b) The Deputy Presiding Officer shall:
h (1) Preside at all
meetings of the County
e
Commission;
D
(2) Vote on any motion, resolution, ordinance, or other question
e
before the County Commission only as provided in Section 2.11
p
of this Act and vote on any matter before a committee on which
ut
he or she serves;
y
(3) Appoint County Commissioners to oversee and report
Pr
on the functions of the various departments of the County;
es
(4) Prepare or have prepared an agenda for each meeting of the
id
County Commission which shall include all business submitted
in
by the Presiding Officer, any County Commissioner , and the
g
County attorney; and
O
(5) Appoint the County clerk,
subject to County Commission
approval.
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297 SECTION 2.04.

298 Vacancy; filling of vacancies; suspensions.

299 The office of Presiding Officer, Deputy Presiding Officer , or County Commissioner shall
300 become vacant upon the incumbent's death, resignation, forfeiture of office, or removal
301 from office in any manner authorized by this Act or the general laws of the State of
302 Georgia. A vacancy in the office of Presiding Officer, Deputy Presiding Officer, or
303 County Commissioner shall be filled for the remainder of the unexpired term by a special
304 election if such vacancy occurs 12 months or more prior to the expiration of the term of
305 that office. If such vacancy occurs within 12 months of the expiration of the term of
306 that office, the County Commission or those members remaining shall appoint a
307 successor for the remainder of the term. If a vacancy occurs within 12 months of the
308 expiration of the term for Presiding Officer the Deputy Presiding Officer shall fill the
309 vacancy for the remainder of the term. If a vacancy occurs within 12 months of the
310 expiration of the term for Deputy Presiding Officer, those remaining on the County
311 Commission shall appoint a successor for the remainder of the term. This provision shall
also apply to a temporary vacancy created
by the suspension from office of the Presiding Officer, Deputy Presiding Officer, or any
County Commissioner..

312 SECTION 2.05.

313 Nonpartisan elections.

314 Political parties shall not conduct primaries for county offices and all names of candidates
315 for
County offices shall be listed without party designation.

316 SECTION 2.06.

317 Election by majority vote.

318 The candidates for Presiding Officer, Deputy Presiding Officer, and County
319 Commissioner who receive a majority of the votes cast in the applicable election shall
320 be elected to a term of office. In the event no candidate receives a majority of the votes
321 cast in such election, a run-off election shall be held between the candidates receiving the
322 two highest number of votes. Such runoff shall be held at the time specified by state
323 election law, unless such run-off date is postponed by court order.
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324 SECTION 2.07.

325 Applicability of general laws; qualifying; other provisions.

326 All primaries and elections shall be held and conducted in accordance with Chapter 2 of
327 Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
328 Except as otherwise provided by this Act, the County Commission shall, by ordinance or
329 resolution, prescribe such rules and regulations as it deems appropriate, including, but not
330 limited to, the establishment of qualifying fees, to fulfill any options and duties under
331 Chapter 2 of Title 21
of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

332 SECTION 2.08.

333 Compensation and expenses.

334 The annual salary of the Presiding Officer shall be $70,000.00. The annual salary for
335 each County Commissioner shall be $17,500.00. The annual salary for the Deputy
336 Presiding Officer shall be $28,500.00. Such salaries shall be paid from municipal funds
337 in equal monthly installments. The County Commission may provide by ordinance for
338 the provision of insurance, retirement, workers' compensation, and other employee
339 benefits to the Presiding Officer, Deputy Presiding Officer, and members of the County
340 Commission and may provide by ordinance for the reimbursement of expenses actually
341 and necessarily incurred by the Presiding Officer, Deputy Presiding Officer,, and members
342 of the County Commission in carrying out their official duties. The County Commission
343 may alter the salaries of the Presiding Officer, Deputy Presiding Officer, and members of the
County Commission from time to time in accordance with Code Section 36-35-4 of the
O.C.G.A.

344 SECTION 2.09.

345 Inquiries and investigations.

346 The County Commission may make inquiries and investigations into the affairs of the
347 County and conduct of any department, office, or agency thereof and for this purpose
348 may subpoena witnesses, administer oaths, take testimony, and require the production of
349 evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of
350 these powers by the County Commission shall be punished as may be provided by
ordinance.
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351 SECTION 2.10.

352 Meetings and oath of office.

353 (a) The County Commission shall meet on the first working day in January immediately
354 following each regular municipal election. The meeting shall be called to order by the
355 Deputy Presiding Officer-elect, and the oath of office shall be administered to the newly
356 elected Presiding Officer, treasurer, chief county auditor, and County Commissioners by a
357 judicial officer authorized to administer oaths. The oath shall, to the extent that it
358 comports with federal and state law, be as follows:
359 "I do solemnly swear or affirm that I will faithfully execute the office of [County
360 Commissioner, Presiding Officer, or Deputy Presiding Officer as the case may be] of
361 Whitley County , and will to the best of my ability support and defend the Constitution
362 of the United States, the Constitution of Georgia, and the Act, ordinances, and
363 regulations of Whitley County. I am not the holder of any unaccounted for public
364 money due this state or any political subdivision or authority thereof. I am not the
365 holder of any office of trust under the government of the United States, any other
366 state, or any foreign state which I by the laws of the State of Georgia am prohibited
367 from holding. I am otherwise qualified to hold this office according to the
368 Constitution and laws of Georgia. I have been a resident of my district and Whitley
369 County for the time required by the Constitution and laws of this state and by the
370 municipal charter. I will perform the duties of my office in the best interest of Whitley
371 County to the best of my ability without fear, favor, affection, reward, or expectation
372 thereof."
373 (b) The County Commission shall, at least once a month, hold regular meetings at such
374 times and places as prescribed by ordinance. The County Commission may recess any
375 regular meeting and continue such meeting on any weekday or hour it may fix and may
376 transact any business at such continued meeting as may be transacted at any regular
377 meeting.
378 (c) Special meetings of the County Commission may be held on the call of the Presiding
379 Officer , Deputy Presiding Officer, or four members of the County Commission. Notice
380 of such special meetings shall be delivered to all members of the County Commission,
381 Deputy Presiding Officer, and Presiding Officer personally, by registered mail, or by
382 electronic means, at least 24 hours in advance of the meeting. Such notice to County
383 Commissioners shall not be required if the Presiding Officer, Deputy Presiding Officer,
384 and all County Commissioners are present when the special meeting is called. Such
385 notice of any special meeting may be waived by the Presiding Officer, Deputy Presiding
Officer, or a County Commissioner in writing before or after such a meeting, and
attendance at the meeting shall also constitute a waiver of notice. The notice of such
special meeting shall state what business is to be transacted at the special meeting. Only
the business stated in the call may be transacted at the special meeting.
 LC 28 7316

386 SECTION 2.11.

387 Quorum; voting.

388 Five County Commissioners shall constitute a quorum and shall be authorized to transact
389 business for the County Commission.. Voting on the adoption of ordinances shall be
390 taken by voice vote and the yeas and nays shall be recorded in the minutes, but, on the
391 request of any County Commissioner, there shall be a roll-call vote. In order for any
392 ordinance, resolution, motion, or other action of the County Commission to be adopted,
393 the measure shall receive at least four affirmative votes and shall receive the affirmative
394 votes of a majority of those voting. No member of the County Commission shall abstain
395 from voting on any matter properly brought before the County Commission for official
396 action except when such County Commissioner has a conflict of interest which is
397 disclosed in writing prior to or at the meeting and made a part of the minutes. Any
398 member of the County Commission present and eligible to vote on a matter and refusing
399 to do so for any reason other than a properly disclosed and recorded conflict of interest
400 shall be deemed to have acquiesced or concurred with the members of the majority who
401 did vote on the question involved. The Deputy Presiding Officer of County Commission
shall vote only in the case of a tie or in the case
where his or her vote will provide the affirmative vote required for approval of a matter.

402 SECTION 2.12.

403 General power and authority of the County
Commission
 LC 28 7316

417 SECTION 2.13.

418 Administrative and service departments.
404
405
406
407
408
409
410
411
412
413
414
415
416
(a) Except as otherwise provided by law or by this Act, the County Commission shall be vested with
all the powers of government of Whitley County as provided by Article I of this Act. (b) In addition
to all other powers conferred upon it by law, the County Commission shall have the authority to
adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not
inconsistent with this Act and the Constitution and the laws of the State of Georgia, which it shall
deem necessary, expedient, or helpful for the peace, good order, protection of life and property,
health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of
Whitley County and may enforce such ordinances by imposing penalties for violation thereof.
(c) The County Commission may, by ordinance or resolution, adopt rules and bylaws to govern the
conduct of its business, including procedures and penalties for compelling the attendance of absent
members. Such rules may include punishment for contemptuous behavior conducted in the presence
of the County Commission.
419 (a) The County Commission , by ordinance, may establish, abolish, merge, or
420 consolidate offices, positions of employment, departments, and agencies of the County as it
421 shall deem necessary for the proper administration of the affairs and government of the
422 County. The County Commission shall prescribe the functions and duties of existing
423 departments, offices, and agencies or of any departments, offices, and agencies hereinafter
424 created or established; may provide that the same person shall fill any number of offices
425 and positions of employment; and may transfer or change the functions and duties of
426 offices, positions of employment, departments, and agencies of the County.
427 (b) The operations and responsibilities of each department now or hereafter established in
428 the County shall be distributed among such divisions or bureaus as may be provided by
429 ordinance of the County Commission. Each department shall consist of such officers,
430 employees, and positions as may be provided by this Act or by ordinance and shall be
431 subject to the general
supervision and guidance of the Presiding Officer
and County Commission.
 LC 28 7316

417 SECTION 2.13.

418 Administrative and service departments.
432 SECTION 2.14.
433 Boards, commissions, and authorities.

434 (a) All members of boards, commissions, and authorities of the County shall be
435 nominated by the Presiding Officer and shall be confirmed by the County Commission
436 for such terms of office and such manner of appointment as provided by ordinance,
437 except where other appointing authority, term of office, or manner of appointment is
438 prescribed by this Act or by applicable state law. (b) No member of any board,
439 commission, or authority of the County shall hold any elective office in the County. The
440 Deputy Presiding Officer , County Commissioners , and Presiding Officer ,, however, may
441 serve as voting ex officio members of such boards, commissions, or authorities.
442 (c) Any vacancy in office of any member of a board, commission, or authority of the
443 County shall be filled for the unexpired term in the manner prescribed for original
444 appointment, except as otherwise provided by this Act or any applicable state law.
445 (d) No member of any board, commission, or authority shall assume office until he or she
446 shall have executed and filed with the designated officer of the County an oath obligating
447 himself or herself to faithfully and impartially perform the duties of his or her office, such
448 oath to be prescribed by ordinance of the County Commission and administered by the
449 Presiding Officer (e) Any member of a board, commission, or authority may be removed
from office for cause by a vote of a majority of the members of the County Commission.
 LC 28 7316

450 (f) Members of boards, commissions, and authorities may receive such compensation
and
expenses in the performance of their official duties as prescribed by ordinance.
451
(g) Except as otherwise provided by this Act or by applicable state law, each board,
452
commission, or authority of the county government shall elect one of its members
453
as chairperson and one member as vice chairperson for terms of one year and may elect as
454
its secretary one of its own members or may appoint as secretary an employee of the
455
county. Each board, commission, or authority of the county government may establish
456
such bylaws, rules, and regulations not inconsistent with this Act, ordinances of the ,
457
county or applicable state law as it deems appropriate and necessary for the conduct of its
458
affairs, copies of which shall be filed with the designated officer of the county.
459

460 SECTION 2.15.

461 Ordinance form; procedures.

462 Every proposed ordinance and resolution shall be introduced in writing, and the County
463 Commission shall have the authority to approve, disapprove, or amend them. A resolution
464 may be passed at the time it is offered, but an ordinance shall not be adopted until the title
465 of such ordinance shall have been read at two County Commission meetings, provided
466 that the beginnings of such meetings shall be not less than 24 hours nor more than 60
467 days apart. This requirement of two readings shall not apply to emergency ordinances or
468 to ordinances adopted at the first
business meeting of the County Commission in a
calendar year.

469 SECTION 2.16.

470 Submission of ordinances to the mayor.

471 (a) Every ordinance, resolution, and other action adopted by the County Commission
472 shall be presented promptly to the Presiding Officer . Except for County Commission
473 approval of appointments to committees, boards, and commissions, the employment of any
474 appointed officer, internal affairs, or matters which must be approved by the voters, the
475 Presiding Officer may veto any action adopted by the County Commission . (b) The veto
476 must be exercised no later than the next regular County Commission meeting following the
477 meeting at which the action was taken. If an action is disapproved, the Deputy Presiding
478 Officer shall submit to the council a written statement of the reasons for the Presiding
479 Officers veto.
480 (c) An action vetoed by the Presiding Officer shall automatically be placed on the agenda
481 at the next regular meeting of the County Commission for reconsideration. If the
482 minimum number of County Commissioners necessary to vote on overriding the veto is
not present, the action may be continued until the next meeting at which the minimum
number of County Commissioners is
 LC 28 7316

4 present. Such action shall not become effective unless it is

8
3 readopted by the affirmative votes of at least five members of the
County Commission within 60 days of the veto.
4
8 (d) The Presiding Officer may disapprove or reduce any item or items of
4
appropriation in any ordinance or resolution. The approved part or
4
parts of any ordinance or resolution making appropriations shall
8
5 become law, and the part or parts disapproved or reduced shall not
4 become law unless subsequently passed by the County Commission over
8
the Presiding Officers veto as provided in this Act.
6
(e) If an ordinance or resolution has been signed by the Presiding
4
8 Officer , it shall become effective. If an ordinance or resolution is
7
neither approved nor disapproved by the next regular meeting
4
of the County
8 Commission , it shall
8 become effective.
4
8
9
4
9
0
4
9
1
4
9
2

493
494
495
496
ARTICLE III EXECUTIVE
BRANCH SECTION 3.01.
Executive powers and duties of the Presiding Officer .
LC 28 7316
 LC 28 7316
497 (a) The Presiding Officer shall be the chief executive officer of the county
498 government and shall be responsible for the efficient and orderly administration of the
499 countys affairs. The Presiding Officer shall be responsible for the enforcement of laws,
500 rules, regulations, ordinances, and franchises in the county . The Presiding Officer may
501 conduct inquiries and investigations into the conduct of the countys affairs and shall
502 have such powers and duties as specified in this Act or as may be provided by
503 ordinance consistent with this Act.
504 (b) The Presiding
Officer shall:
505
(1) Be the head of the county for the purpose of service of process and for
506
ceremonial purposes and be the official spokesperson for the county and the
507
advocate of policy;
508
(2) Sign as a matter of course on behalf of the county all written and approved
509
contracts, ordinances, resolutions, and other instruments executed by the county
510
which by law are required to be in writing;
511
(3) See that all laws and ordinances of the county are faithfully
512
executed;
513
(4) Obtain long-term and short-term loans in the name of the county when
514
authorized by the County Commission to do so;
515
(5) Name qualified residents of the county to boards and commissions with
516
approval of the County Commission;;
517
(6) Appoint and employ all necessary employees of the county, provided that
excepted from this power of appointment are those officers and employees who by
this Act are appointed or elected by the County Commission ; and provided,
further, that the Presiding Officer shall appoint and employ all department heads
subject to the approval of the County Commission; 518

519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
 LC 28 7316
535 (7) Remove employees employed by such officer without the consent of the County
536 Commission; provided, however, that department heads may be removed only with the
537 consent of the County Commission (8) Exercise supervision and control of all
538 departments and all divisions created in this Act or that may hereafter be created by
539 the city council except as otherwise provided in this Act;
540 (9) Recommend to the County Commission the adoption of such measures as the
541 mayor may deem necessary or expedient;
542 (10) See that all terms and conditions imposed in favor of the city or its inhabitants in
543 any public utility franchise are faithfully kept and performed and upon knowledge of
544 any violation thereof to call such violations to the attention of the county attorney,
545 whose duty it shall be forthwith to take such steps as are necessary to protect and
546 enforce the same; (11) Make and execute all lawful contracts on behalf of the county
547 as to matters within such officer's jurisdiction to the extent that such contracts are
548 funded in the countys budget, except such as may be otherwise provided by law;
provided, however, that no contract purchase or obligation requiring a budget
amendment shall be valid and binding until after approval of the County Commission
(12) Prepare and submit to the County Commission , prior to the beginning of each
fiscal year, a budget of proposed expenditures for the ensuing year, showing in as
much detail as practicable the amounts allotted to each department of the County
government and the reasons for such estimated expenditures;
(13) Keep the County Commission at all times fully advised as to the financial
condition and needs of the county;
(14) Make a full written report to the County Commission on the first of each month,
unless otherwise directed by the County Commission , showing the operations and
expenditures of each department of the county government for the preceding month,
and a synopsis of such reports shall be published by the clerk of the county;
(15) Fix all salaries and compensation of county employees in accordance with the
county budget and the county pay and classification plan; and
(16) Fulfill and perform such other duties as are imposed by this Act and by duly
adopted ordinances.
 LC 28 7316
SECTION 3.02.
549
Chief administrative officer; appointment, qualification,
550
and compensation.
551

552 The Presiding Officer shall appoint, subject to confirmation by the County Commission ,
553 for an indefinite term an officer whose title shall be chief administrative officer, and the
554 chief administrative officer shall serve at the pleasure of the Presiding Officer and the County
555 Commission;The chief administrative officer, if appointed, shall be appointed without
556 regard to political beliefs and solely on the basis of her executive and administrative
557 qualifications with special reference to his or her educational background and actual
558 experience in, and knowledge of, the duties of office as
hereinafter prescribed.

559 SECTION 3.03.

560 Chief administrative officer.

561 The chief administrative officer shall devote all of her working time and attention to the
562 affairs of the county and shall be responsible to the Presiding Officer and County
563 Commission for the proper and efficient administration of the affairs of the county over
564 which such officer has jurisdiction; provided, however, that the County Commission may
565 by resolution permit the office of chief administrative officer to be a part-time position.
566 The chief administrative officer may recommend to the P r e s i d i n g O f f i c e r or
567 C o u n t y C o m m i s s i o n individuals for appointment or removal as
department heads.

568 SECTION 3.04.

569 Chief administrative officer; removal.

570 (a) The Presiding Officer and County Commission may remove the chief administrative
571 officer from office in accordance with the following procedures:
572 (1) The County Commission shall adopt by affirmative vote of a majority of all its
573 members a preliminary resolution removing the chief administrative officer and may
574 suspend the chief administrative officer from duty for a period not to exceed 45 days.
575 A copy of the resolution shall be delivered promptly to the chief administrative
576 officer;
577 (2) Within five days after a copy of the resolution is delivered to the chief
578 administrative officer, she may file with the County Commission a written request for
579 a public hearing. This hearing shall be held at a County Commission meeting not earlier
than 15 days nor later than
30 days after the request; and
 LC 28 7316
(3) The County Commission may adopt a final resolution of removal, which may be
580
made effective immediately, by affirmative vote of four of its members at any time
581
after five days from the date when a copy of the preliminary resolution was delivered
582
to the chief administrative officer, if he or she has not requested a public hearing, or at
583
any time after the public hearing if he or she has requested one.
584
(b) The chief administrative officer shall continue to receive his or her salary until the
585
effective date of a final resolution of removal, and unless he or she has been convicted of
586
a felony at that time, he or she shall be given not less than 60 days' severance pay. The
587
action of the County Commission in suspending or removing the chief administrative
588
officer shall not be subject to review by any court or agency.
589
(c) If the chief administrative officer becomes disabled and is unable to carry out the
590
duties of the office or if the chief administrative officer dies, then an acting chief
591
administrative officer shall be appointed to perform the duties of the chief administrative
592
officer until the chief administrative officer's disability is removed or until the chief
593
administrative officer is replaced. Removal of the chief administrative officer because of
594
disability shall be carried
595
out in accordance with the provisions of subsection (a) of this section.

SB#:186

Approved by: Senator Spillers-Taylor of the 7th, Senator Brooks of

the 23rd, Representative Lee of the 18th, Representative Woodfork of
the 4th, Representative Gbetibouo of the13th, Representative Donald
of the 15th, Representative Chavac-Zetino of the 20th, Representative
Mitchell of the 6th, Representative Raphael of the 8th, Representative
Henderson of the 27th, Representative Johnson of the 10 th,
Representative Baker of the 22nd.

1532 grants an original manuscript to Whitley County, do hereby

certify that this bill in compliance with the minimum standards
required by Chapter 31 of Title 36
 LC 28 7316
1532 grants an original municipal charter to the City of South Fulton, do hereby certify that this
1533 bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of
the