The House Committee on Governmental Affairs offers the following substitute to HB 1260:
A BILL TO BE ENTITLED
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government,
so as to provide for cessation of payment of salary, compensation, and expenses to members
of county and municipal governing authorities who fail to certify completion of mandatory
training; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended
in Code Section 36-5-24, relating to compensation of members of county governing
authorities, by revising subsection (b) and by adding a new subsection to read as follows:
"(b) <del>Unless</del> <ins>Except as provided in subsection (b.1) of this Code section and unless
</ins> otherwise provided by local law, the governing authority of each county is authorized to
fix the salary, compensation, expenses, and expenses in the nature of compensation of the
members of the governing authority subject to the following conditions:
(1) Any increase in salary, compensation, expenses, or expenses in the nature of
compensation for members of a county governing authority shall not be effective until
the first day of January of the year following the next general election held after the date
on which the action to increase the compensation was taken;
(2) A county governing authority shall take no action to increase salary, compensation,
expenses, or expenses in the nature of compensation until notice of intent to take such
action and the fiscal impact of such action has been published in a newspaper designated
as the legal organ of the county at least once a week for three consecutive weeks
immediately preceding the meeting at which the action is taken; and
(3) Such action shall not be taken during the period of time beginning with the date that
candidates for election as members of the county governing authority may first qualify
as such candidates and ending with the first day of January following the date of
qualification.
<ins>(b.1) In the event that a member of a county governing authority fails to certify satisfactory
completion of a course of training and education as provided for in subsection (a) of Code
Section 36-20-4, the applicable county governing authority shall cease payment of salary,
compensation, expenses, or expenses in the nature of compensation to such member, and
the member shall be entitled to no such salary, compensation, expenses, or expenses in the
nature of compensation until such member provides such certification."
</ins> SECTION 2.
Said title is further amended in Code Section 36-20-4, relating to training of elected members
of county governing authority, by revising subsection (a) as follows:
"(a) All persons elected as members of a county governing authority who were not serving
as members of a county governing authority on July 1, 1990, shall enroll in, attend, and
satisfactorily complete a course of training and education of at least 18 hours on matters
pertaining to the administration and operations of county governments. <ins>All such persons
shall satisfactorily complete such course of training and education no later than July 1 of
the year following the year of the election of such person as a member of a county
</ins>
<ins>governing authority and shall certify such completion to the clerk of the applicable county
governing authority within 30 days of such certification.</ins> Such course of training and
education shall include, but not be limited to, orientation in local government finance and
budgeting; methods of taxation; planning; public works and utilities; parks and recreation;
environmental management; public safety, health, and welfare; personnel management;
responsiveness to the community; the ethics, duties, and responsibilities of members of a
county governing authority or a chief executive officer; and such other matters as may be
deemed necessary and appropriate by the academy."
SECTION 3.
Said title is further amended in Code Section 36-35-4, relating to compensation and benefits
for employees and members of governing authority and conditions and requirements
governing increases for elective members of governing authority, by revising subsection (a)
and by adding a new subsection to read as follows:
"(a) <del>The</del> <ins>Except as provided in subsection (a.1) of this Code section, the</ins> governing
authority of each municipal corporation is authorized to fix the salary, compensation, and
expenses of its municipal employees and the members of its municipal governing authority
and to provide insurance, retirement, and pension benefits, coverage under federal old-age,
survivors and disability programs, hospitalization benefits, and workers' compensation
benefits for its employees, their dependents, and their survivors and for members of the
municipal governing authority, their dependents, and their survivors, when such benefits
are provided to municipal employees. Any previous actions to extend insurance, federal
old-age, survivors and disability programs, retirement, hospitalization, and workers'
compensation benefits to members of the municipal governing authority are validated.
With the exception of the provision of insurance, federal old-age, survivors and disability
programs, retirement, hospitalization, and workers' compensation benefits, any action to
increase the salary or compensation of the elective members of the municipal governing
authority shall be subject to the following conditions and requirements:
(1) Any such increase shall not be effective until after the taking of office of those
elected at the next regular municipal election which is held immediately following the
date on which the action to increase the compensation was taken;
(2) Such action shall not be taken during the period of time beginning with the date that
candidates for election to membership on the municipal governing authority may first
qualify as such candidates and ending with the date members of the municipal governing
authority take office following their election; and
(3) Such action shall not be taken until notice of intent to take the action has been
published in a newspaper of general circulation designated as the legal organ in the
county and in the municipal corporation at least once a week for three consecutive weeks
immediately preceding the week during which the action is taken.
<ins>(a.1) In the event that a member of a municipal governing authority fails to certify
satisfactory completion of a course of training and education as provided for in
subsection (a) of Code Section 36-45-4, the applicable municipal governing authority shall
cease payment of salary, compensation, expenses, or expenses in the nature of
compensation to such member, and the member shall be entitled to no such salary,
compensation, expenses, or expenses in the nature of compensation until such member
provides such certification."
</ins> SECTION 4.
Said title is further amended in Code Section 36-45-4, relating to training of elected members
of municipal governing authority, by revising subsection (a) as follows:
(a) All persons elected as members of a municipal governing authority who were not
serving as members of a municipal governing authority on July 1, 1990, shall enroll in,
attend, and satisfactorily complete a course of training and education on matters pertaining
to the administration and operations of municipal governments. <ins>All such persons shall
satisfactorily complete such course of training and education no later than July 1 of the year
following the year of the election of such person as a member of a municipal governing
authority and shall certify such completion to the clerk of the applicable municipal
governing authority within 30 days of such certification.</ins> Such course of training and
education shall include, but not be limited to, orientation in local government finance and
budgeting; methods of taxation; planning; public works and utilities; parks and recreation;
environmental management; public safety; personnel management; responsiveness to the
community; the ethics, duties, and responsibilities of members of a municipal governing
authority or a chief executive officer; and such other matters as may be deemed necessary
and appropriate by the Vinson Institute."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.