House Resolution 1753
By: Representatives Cox of the 28th, Barrett of the 24th, Jasperse of the 11th, McDonald III
of the 26th, Jones of the 25th, and others
A RESOLUTION
Urging the Forsyth County Board of Commissioners to continue to conduct official business
within the designated county site and to coordinate with the City of Cumming to have the
new administration center annexed into such city; and for other purposes.
WHEREAS, Georgia law requires that the official business of a county government is
conducted within the designated county site, also known as the county seat; and
WHEREAS, an Act to make permanent the public buildings in the town of Cumming in the
county of Forsyth, and to incorporate the same, approved December 18, 1834 (Ga. L. 1834,
p. 253) and an Act to incorporate the town of Cumming in the county of Forsyth, and to
make permanent the site of public buildings of said county, approved December 22, 1843
(Ga. L. 1834, p. 255) designated the City of Cumming as the county site for Forsyth County;
and
WHEREAS, in recent years the Forsyth County Board of Commissioners has planned and
constructed a facility located outside the corporate limits of the City of Cumming to serve
as the new administration center of the county government; and
WHEREAS, based on knowledge and understanding, it is the stated intention of the Forsyth
County Board of Commissioners to conduct its official business, including voting upon and
approval of ordinances and resolutions, at said new administration center; and
WHEREAS, the Georgia Supreme Court in Brewster v. Houston County, 235 Ga. 68, 69
(1975), found that "official county business is defined as the decision making process of the
board [of commissioners] which includes the deliberation and voting on any issue of county
business. Deliberation and voting on any issue must be conducted in the county site and
citizens of the county must be afforded an opportunity to be heard at the county site as to any
issue of county business"; and
WHEREAS, if the Forsyth County Board of Commissioners proceeds to conduct official
county business at the new administration center located outside the designated county site,
it runs the risk of placing a cloud of illegality and voidability over any such official county
business that could lead to large swaths of its actions declared invalid and unenforceable; and
WHEREAS, such actions would place the citizens and taxpayers of Forsyth County at
substantial risk, both to matters of public safety and affecting the county treasury.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that
the members of this body urge the Forsyth County Board of Commissioners to reconsider its
decision to conduct official county business outside of the designated county site and to
coordinate with the City of Cumming to have the new administration center annexed into
such city.
BE IT FURTHER RESOLVED that the members of this body urge the Forsyth County
Board of Commissioners to continue to conduct official county business at county buildings
located within the corporate limits of the City of Cumming.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized
and directed to make appropriate copies of this resolution available for distribution to the
Forsyth County Board of Commissioners.