SB 238: Rockdale County; board of commissioners; increase the board of commissioners to five members

Senate Bill 238

By: Senator Anderson of the 43rd

AS PASSED

A BILL TO BE ENTITLED

AN ACT

To amend an Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, so as to increase the board of commissioners to five members; to revise the office of chairperson; to provide for initial terms of office; to provide for a county manager; to revise provisions related to the powers and duties of the board of commissioners, chairperson, and county manager; to provide for continuation in office of current members; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal; to provide for mandatory execution of election and judicial remedies regarding failure to comply; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, is amended by revising subsection (a) and adding new subsections to Section 2 to read as follows:

"(a) As of January 1, 2027, the commission established herein shall consist of five members to be known as commissioners. The commissioners shall be elected by the electors of the county on an at-large basis. Commissioners shall be residents of the county for at least one year prior to their qualification for election.

(a.1) At the first meeting of the board of commissioners in January of each year, the board of commissioners shall select from among its members a chairperson and vice-chairperson of the board of commissioners. The chairperson shall preside over meetings of the board, provided that the vice-chairperson shall preside in the chairperson's absence. (a.2)(1) Those members of the Board of Commissioners of Rockdale County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.

(2)(A) The chairperson's post, as it exists immediately prior to the effective date of this Act, shall be designated as Commissioner Post 5, and on and after the effective date of this Act, such member of the board serving from that former post shall be deemed to be serving as a commissioner under this Act; the successor to such member shall be elected at the November general election in 2028, and shall be elected and serve a term as provided for in this Act.

(B) Commissioner Post 1, as it exists immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Post 1, and on and after the effective date of this Act, such member of the board shall serve as a commissioner as newly described under this Act; the successor to such member shall be elected at the November general election in 2028, and shall be elected and serve a term as provided for in this Act.

(C) The initial commissioners from Commissioner Posts 2 and 4 as newly described under this Act shall be elected at the November general election in 2026 and shall serve an initial term of office of four years; thereafter, successors to such members shall be elected and serve terms as provided for in this Act.

(D) The initial commissioner from Commissioner Post 3 as newly described under this Act shall be elected at the November general election in 2026 and shall serve an initial term of office of two years; thereafter, successors to such member shall be elected and serve terms as provided for in this Act."

SECTION 2.

Said Act is further amended by revising Section 3 as follows: "SECTION 3.

Election and term of commissioners.

Successors to the commissioners provided for in Section 2 of this Act shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Qualification by candidate shall be partisan. Each candidate shall pay a qualification fee set by law at time of qualifying. All elections shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

SECTION 3.

Said Act is further amended by revising Sections 5 through 8 as follows: "SECTION 5.

Election returns, vacancies.

(a) Except as set forth in Section 3 of this Act, all elections for members of the board of commissioners created by this Act shall be held and conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., 'Georgia Election Code,' as now or hereafter amended.

(b) In the event of a vacancy in the office of a commissioner, whose unexpired term equals or exceeds 210 days, it shall be the duty of the election superintendent of the county to call a special election for the filling of such vacancy or vacancies, provided that such election shall be governed by the provisions of the Georgia Election Code relative to special elections for the filling of vacancies. Such special election shall be called within 30 days of the date of the creation of the vacancy; provided, however, that it shall be the duty of the remaining commissioners to appoint, within ten days following the vacancy or vacancies, an interim commissioner to serve pending the election of a new commissioner. Said interim appointee shall be subject to the same qualifications, oath, and bond as a duly elected or permanently appointed commissioner.

(c) In the event of a vacancy in the office of a commissioner whose unexpired term does not equal or exceed 210 days, it shall be the duty of the remaining commissioners to fill vacancies by permanent appointment. The appointment shall be made within 20 days from the occurrence of the vacancy or vacancies.

(d) If all seats on the commission shall become vacant concurrently and if any unexpired term is for less than 210 days, the Judge of the Probate Court of Rockdale County shall proceed to fill such vacancy or vacancies by appointment. All remaining vacancies for which the unexpired term equals or exceeds 210 days shall then be filled by following the procedure set out in subsection (b) of this section.

(e) All persons elected or appointed to fill vacancies pursuant to the provisions of this section, except interim appointees, shall serve for the remainder of the unexpired term of any such office, and shall be residents of the county.

SECTION 6.

Oath and bond.

Before entering upon the discharge of their duties, the commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, each commissioner shall further give a satisfactory surety bond to be judged by said judge of the probate court of the county and payable to the judge of the probate court or his or her successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00 conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.

SECTION 7.

Compensation.

(a) Commissioners shall receive an annual salary for services equal to 16.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as set on June 30, 2025. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements nor any subsequent increases provided by operation of general law on or after July 1, 2025. The salary of the commissioners shall be paid in equal monthly installments paid out of the county treasury upon warrants drawn upon the county treasury. Except as otherwise provided by subsections (b) and (c) of this section, the salary so fixed shall constitute the entire compensation from all public sources to which the commissioners shall be entitled. The commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office.

(b) The board of commissioners may provide by ordinance or resolution for the reimbursement from county funds of actual and necessary expenses incurred by commissioners in carrying out their official duties. No commissioner shall receive any expense allowance, mileage allowance, or travel allowance unless such member has personally performed such service and has personally incurred the expense for mileage or travel. Each commissioner submitting a voucher shall certify that he or she has personally performed the service and personally incurred the expense for mileage or travel covered by the voucher and that the information contained on the voucher is true and correct. The voucher shall contain such a certificate for the commissioner to sign. It shall be unlawful for any commissioner to knowingly falsify any such certificate, and any commissioner convicted of such action shall be punished by a fine of not more than $1,000.00 or by imprisonment of not less than one nor more than five years, or both.

(c) Commissioners shall be authorized to participate in the group retirement program and the group hospitalization benefit program on the same basis as other officers and employees of Rockdale County if they meet the normal eligibility requirements of the programs. Nothing in this subsection shall affect the rights of any person who served as chairperson of the board of commissioners prior to the effective date of this section to participate in such group retirement or hospitalization programs pursuant to the law in effect at the time of his or her service as chairperson.

SECTION 8.

Meetings.

The board shall hold regular meetings on the second and fourth Tuesday of each month at the county seat at 10:00 a.m. on the second Tuesday and 7:00 p.m. on the fourth Tuesday, which meetings shall be open to the public; the board may hold such additional meetings as shall be necessary when called by the chairperson or any two commissioners, provided that all commissioners are notified at least one day in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a quorum, but no official action shall be taken except upon the affirmative vote of at least three commissioners or two commissioners and the chairperson. The chairperson shall be entitled to the same voting rights as other commissioners on all questions considered by the commission."

SECTION 4.

Said Act is further amended by revising Section 9 as follows: "SECTION 9.

County manager.

(a) There shall be an office of county manager to be appointed by and report to the board of commissioners. Except as otherwise provided in this Act, the qualifications, compensation, and other matters pertaining to the office of county manager shall be provided for by ordinance or resolution of the commission.

(b)(1) The board of commissioners shall select a person to appoint as the county manager based solely upon the appointee's executive and administrative qualifications, with specific reference to actual experience in or knowledge of accepted practices with respect to the duties of the office.

(2) The commission, at its discretion, may require the person appointed as county manager to:

(A) Hold a bachelor's degree in public administration, business administration, accounting, finance, or a related field and possess at least five years of experience as a county or city manager or as an assistant county or city manager; or

(B) Hold a master's degree in public administration, business administration, accounting, finance, or a related field and possess at least three years of experience as a county or city manager or as an assistant county or city manager.

(c) The county manager shall be the administrative head of the county government and shall be responsible to the commission for the proper and efficient administration of all the affairs of the county, except as otherwise provided by law. It shall be the duty of the county manager to:

(1) See that all laws and ordinances of the county are enforced;

(2) Exercise control over all departments and divisions of the county which the chairperson or commissioners have exercised control over, except as otherwise provided for in this Act;

(3) Keep the commission fully advised as to the needs of the county;

(4) Except as otherwise provided in this Act, supervise and direct the official conduct of all department heads and county employees, except for the county attorney, comptroller, and executive assistant to the commission;

(5) Prepare the agenda for meetings of the commission, with the input of the chairperson and commissioners;

(6) Attend all meetings of the commission with the right to take part in discussion, provided that the county manager shall have no vote on any matter before the commission;

(7) Supervise the performance of all contracts entered into by or on behalf of the county;

(8) Confer with and advise all other elected or appointed officers or officials of the county who are not under the control of the commission but who receive financial support therefrom;

(9) Devote his or her entire time to the duties and affairs of the office of county manager and hold no other office or employment for remuneration while serving as county manager;

(10) Make purchases for the county without seeking approval from the commission and without obtaining bids in amounts not to exceed $5,000.00, except:

(A) As provided by general law relating to the letting of public works contracts; and

(B) That no employment, consulting, or severance contract or agreement shall be entered into and no payments shall be made without the approval of the commission; and

(11) Perform such other duties as may be required by the commission."

SECTION 5.

Said Act is further amended by revising subsection (b) of Section 10 as follows: "(b) The policies, rules, and regulations so adopted by the board of commissioners shall be carried out, executed, and enforced by the county manager as chief administrative officer of the county, and said board may exercise administrative powers, but only where such are necessarily and properly incident to its functions as a policymaking or rulemaking body or which are necessary to compel enforcement of its adopted resolutions or ordinances. Any action taken by the county manager which is in conflict with such adopted resolutions or ordinances or which deals with matters exclusively reserved to the jurisdiction of said board shall be null, void, and of no effect."

SECTION 6.

Said Act is further amended by revising Sections 13 and 14 as follows: "SECTION 13.

Appointment, removal and compensation of county officials, employees, attorneys, the executive assistant, and employees of elected officials.

(a) Unless otherwise provided by subsection (b) of this section or other provisions of this Act, all county employees shall be employed and dismissed and have their compensation set by the county manager or a designee thereof subject to county budgetary provisions and any applicable civil service, merit system or personnel laws or ordinances.

(b) All nonelected county officials, department heads, chiefs, directors, superintendents, or executives shall be appointed and removed by the county manager with the consent of the board of commissioners. When a vacancy exists in any such office, the county manager shall, within 90 days, propose an appointment to which the board consents; otherwise, said board may fill the vacancy by majority vote.

(c) The board of commissioners shall have the exclusive authority to appoint, remove, and fix the compensation of the executive assistant, the finance director, and the county attorney employed at county expense.

(d) Elected county officials shall have the exclusive authority to appoint, remove, and fix the compensation of the personnel within their respective offices subject to county budgetary provisions and any applicable civil service or merit system, state laws, or county personnel ordinances; provided that, in the case of county personnel ordinances, the particular elected county official or a predecessor in that office must authorize in writing the inclusion of the employees of that office under the county personnel ordinance before said ordinance shall include such employees.

SECTION 14.

Statutory positions; appointment; removal; compensation.

The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the county manager, subject to the approval of the compensation therefor by the commission, within budgetary provisions."

SECTION 7.

The election superintendent of Rockdale County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Rockdale County for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2025, and shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Rockdale County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved that expands the Rockdale County Board of ( ) NO Commissioners to five members and provides for a county manager form of government?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act:

(1) Sections 4 through 6 of this Act and the provisions of this Act necessary to conduct elections for the members of the Board of Commissioners of Rockdale County in 2026 shall become effective on January 1, 2026; and

(2) Sections 1 through 3 of this Act shall become effective on January 1, 2027. If the Act is not so approved, or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective, and this Act shall be automatically repealed on the 365th calendar day following the election date provided for in this section. The expense of such election shall be borne by Rockdale County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. The provisions of this section shall be mandatory upon the election superintendent and are not intended as directory. If the election superintendent fails or refuses to comply with this section, any elector of Rockdale County may apply for a writ of mandamus to compel the election superintendent to perform his or her duties under this section. If the court finds that the election superintendent has not complied with this section, the court shall fashion appropriate relief requiring the election superintendent to call and conduct such election on the date required by this section or on the next date authorized for special elections provided for in Code Section 21-2-540 of the O.C.G.A.

SECTION 8.

Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 9.

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