SB 347: Brunswick and Glynn County Development Authority; method of appointing the membership; change

Senate Bill 347

By: Senators Hodges of the 3rd and Still of the 48th

AS PASSED

A BILL TO BE ENTITLED

AN ACT

To amend an Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. L. 1963, p. 2826), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5391), which Act was enacted pursuant to an amendment to the Constitution set out at Ga. L. 1962, p. 810, so as to change the method of appointing the membership; to amend the term of office of such membership; to provide for qualification of members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act implementing the Brunswick and Glynn County Development Authority, approved April 2, 1963 (Ga. L. 1963, p. 2826), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5391), which Act was enacted pursuant to an amendment to the Constitution set out at Ga. L. 1962, p. 810, is amended by revising Sections 1 and 2 as follows:

"SECTION 1.

(a) The Brunswick and Glynn County Development Authority shall consist of a board of governors composed of five members.

(b) Four members of the board of governors, designated as Seats 1 through 4, shall be appointed by joint resolution of the governing authorities of Glynn County and the City of Brunswick, as provided for herein. The fifth member, designated as Seat 5, shall be either the chairperson or vice-chairperson of the Glynn County Board of Commissioners, as designated by said board of commissioners prior to the start of each term for such seat.

(c) No later than ten days after July 1, 2025, the Brunswick and Glynn County Development Authority shall designate which current members occupy Seats 1 through 4 and shall submit such designations to the governing authorities of Glynn County and the City of Brunswick.

(d) The members occupying Seats 1 through 4 as of June 30, 2025, shall continue to serve as follows:

(1) The term of the member occupying Seat 1 shall expire on June 30, 2026;

(2) The term of the member occupying Seat 2 shall expire on June 30, 2027;

(3) The term of the member occupying Seat 3 shall expire on June 30, 2028; and

(4) The term of the member occupying Seat 4 shall expire on June 30, 2029. The members holding Seats 1 through 4 as of June 30, 2025, shall be eligible to serve one additional successive four-year term, if reappointed.

(e) Upon the expiration of the terms set forth in subsection (d) of this section, members for Seats 1 through 4 shall be appointed pursuant to the following joint appointment process to staggered terms of four years, beginning on July 1 and ending on June 30 four years later. For each appointment or successor appointment for Seats 1 through 4, the authority shall submit the name of one candidate to the governing authorities of Glynn County and the City of Brunswick for joint approval. If the candidate is not acceptable to the governing authorities of Glynn County and the City of Brunswick, the authority shall submit a second candidate. If three consecutive candidates for a particular appointment are not found to be acceptable, the governing authorities of Glynn County and the City of Brunswick, by resolution, shall appoint an individual to the corresponding seat. Members serving in Seats 1 through 4 may serve no more than two successive four-year terms, after which the member must wait at least two years before becoming eligible for reappointment. If any member occupying Seats 1 through 4 serves less than a full four-year term, that partial term shall not count toward the member's term limit, and such member shall be eligible to serve two additional successive four-year terms.

(f) Seat 5 shall consist of either the chairperson or vice-chairperson of the Glynn County Board of Commissioners and shall be appointed by the Glynn County Board of Commissioners, with an initial term beginning August 1, 2025, and ending December 31, 2025. Thereafter, Seat 5, consisting of either the chairperson or vice-chairperson of the Glynn County Board of Commissioners, shall be appointed annually by said board for a term of one year beginning January 1, with a maximum of four successive one-year terms.

(g) Any member of the board of governors, including the county-appointed member occupying Seat 5, may be removed for cause for willful misconduct, legal or ethical violations, failure without good cause to comply with the authority's attendance policy, failure without good cause to partake in the authority's new member orientation within the first three months of the beginning of his or her term, or a proven breach of oath that causes material harm to the authority. Prior to removal, the member shall receive written notice detailing the specific grounds for removal and shall be given an opportunity to respond. The authority shall conduct a hearing at which the member shall have the opportunity to present evidence, respond to the allegations, and be heard by the board. Removal shall require a unanimous vote of the remaining four board members upon a documented finding of cause following such hearing. Any member removed pursuant to this subsection shall be permanently ineligible for reappointment to the board of governors. The authority shall adopt and include in its by-laws clear and reasonable written rules and policies consistent with this subsection, including a formal attendance policy, a process for providing notice of absences, a process for responding to alleged noncompliance, and a process for removal in the event of noncompliance. Such policies shall also establish procedural guidelines for any hearing conducted pursuant to this subsection.

(h) If, at the expiration of the term of any member, a successor has not been appointed, the member whose term has expired shall continue to hold office until his or her successor is duly appointed and qualified.

SECTION 2.

(a) All members of the board of governors shall be taxpayers and residents of Glynn County, Georgia. Except for the member occupying Seat 5, no member shall be an officer or employee of Glynn County or the City of Brunswick.

(b) The board of governors shall elect one of its members to serve as chairperson and another as vice-chairperson. The board shall also elect a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the board of governors. The member occupying Seat 5 may not be elected as an officer of the board of governors.

(c) If a vacancy occurs on the board of governors due to death, resignation, or for any other reason prior to the expiration of a member's term, the vacancy shall be filled in the same manner as the original appointment for the corresponding seat. A member appointed to fill a vacancy shall serve the remainder of the unexpired term.

(d) Upon appointment, each member of the authority shall take an oath before a notary public, or other officer authorized to administer oaths, that he or she will truly and faithfully perform the duties of a member of the authority."

SECTION 2.

This Act shall become effective on July 1, 2025.

SECTION 3.

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