HB 767: Gwinnett County; Board of Education; compensation of members; revise provisions

Current Georgia law lets the Gwinnett County Board of Education set its own members' salaries, but only through a slow process involving public notice and timing tied to elections. This bill keeps that basic process but adds a new twist: if the board approves a payout to end a superintendent's contract early, or is still making payments on such a buyout, the board members' scheduled compensation increases are suspended. During that suspension, members would instead receive only the standard per diem payment set out in state law (O.C.G.A. § 20-2-55). The suspension lifts once the amount the board members would have received equals the superintendent buyout amount, or once every board member who approved the buyout leaves office. The bill also adds a new provision barring the board and Gwinnett County Public Schools from restricting individual board members' ability to communicate with constituents, the public, or the media, while still letting the board protect confidential executive session discussions and legally privileged information. The changes would take effect the first day of the month after the Governor signs the bill or it becomes law without signature.

• Keeps the existing process for the Gwinnett County Board of Education to raise its own compensation, requiring public notice and delaying effect until after the next general election.
• Suspends any scheduled pay increase for board members if the board approves an early buyout of a superintendent's contract, or while buyout payments to a former superintendent are still being made.
• During a suspension, limits board members to the standard per diem payment set by O.C.G.A. § 20-2-55 instead of their usual compensation.
• Ends the suspension once board members' would-be compensation equals the superintendent buyout amount, or once all board members who approved the buyout have left office.
• Prohibits the board and Gwinnett County Public Schools from restricting individual members' communications with constituents, the public, or media, while allowing rules protecting confidential or legally exempt information.

Members of the Gwinnett County Board of Education, the Gwinnett County Public Schools administration, and Gwinnett County residents who elect and are represented by board members. Former and current superintendents whose contracts involve early termination payouts are also directly implicated.

Board members' pay would be directly tied to how the board handles superintendent contract buyouts, creating a financial consequence for approving costly early terminations. The communications provision would also protect board members' ability to speak publicly, potentially limiting the board's ability to impose gag-like policies on its own members.

• Section 1 revises Section 2 of the 1972 Act (as amended in 2005) to keep the existing notice-and-delay process for board compensation increases.
• New subsection (b) suspends compensation increases if the board approves a superintendent contract termination payout before the contract's end date, or while such payments continue.
• Suspended board members receive only the per diem set under O.C.G.A. § 20-2-55 rather than regular compensation.
• The suspension ends when the withheld compensation equals the buyout amount, or when all board members who approved the buyout leave office.
• New Section 2A bars the board and Gwinnett County Public Schools from infringing on board members' rights to communicate with constituents, the public, or media, with exceptions for confidential executive session matters under Title 50, Chapter 14 of the O.C.G.A. and other legally protected information.
• Section 2 sets the effective date as the first day of the month following the Governor's approval or the bill becoming law without approval.
• Section 3 repeals conflicting laws.

1. 2025-03-20House Second Readers (House)
2. 2025-03-18House First Readers (House)
3. 2025-03-13House Hopper (House)

• Dewey McClain (D, HD-109)Primary sponsor
• Scott Hilton (R, HD-48)
• Sandy Donatucci (R, HD-105)
• Reynaldo "Rey" Martinez (R, HD-111)
• Billy Mitchell (D, HD-88)
• David Clark (R, HD-100)

• school board pay
• Gwinnett County schools
• superintendent contracts
• local government ethics
• open communication