HB1260: HB1260 Local government; cessation of payment of salary, compensation, and expenses to members of county and municipal governing authorities who fail to certify completion of mandatory training; provide

26 LC 44 3449S 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,1 so as to provide for cessation of payment of salary, compensation, and expenses to members2 of county and municipal governing authorities who fail to certify completion of mandatory3 training; to provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended7 in Code Section 36-5-24, relating to compensation of members of county governing8 authorities, by revising subsection (b) and by adding a new subsection to read as follows:9 "(b) Unless Except as provided in subsection (b.1) of this Code section an d unless10 otherwise provided by local law, the governing authority of each county is authorized to11 fix the salary, compensation, expenses, and expenses in the nature of compensation of the12 members of the governing authority subject to the following conditions:13 (1) Any increase in salary, co mpensation, expenses, or expense s in the nature of14 compensation for members of a county governing authority shall not be effective until15 H. B. 1260 (SUB) - 1 - 26 LC 44 3449S the first day of January of the year following the next general election held after the date16 on which the action to increase the compensation was taken;17 (2) A county governing authority shall take no action to increase salary, compensation,18 expenses, or expenses in the nature of compensation until notic e of intent to take such19 action and the fiscal impact of such action has been published in a newspaper designated20 as the legal organ of the county at least once a week for three consecutive weeks21 immediately preceding the meeting at which the action is taken; and22 (3) Such action shall not be taken during the period of time beginning with the date that23 candidates for election as members of the county governing authority may first qualify24 as such candidates and ending with the first day of January fol lowing the date of25 qualification.26 (b.1) In the event that a member of a county governing authority fails to certify satisfactory27 completion of a course of training and education as provided for in subsection (a) of Code28 Section 36-20-4, the applicable county governing authority shall cease payment of salary,29 compensation, expenses, or expenses in the nature of compensation to such member, and30 the member shall be entitled to no such salary, compensation, expenses, or expenses in the31 nature of compensation until such member provides such certification."32 SECTION 2.33 Said title is further amended in Code Section 36-20-4, relating to training of elected members34 of county governing authority, by revising subsection (a) as follows:35 "(a) All persons elected as members of a county governing authority who were not serving36 as members of a county governing authority on July 1, 1990, sha ll enroll in, attend, and37 satisfactorily complete a course of training and education of a t least 18 hours on matters38 pertaining to the administration and operations of county governments. All such persons39 shall satisfactorily complete such course of training and education no later than July 1 of40 the year following the year of the election of such person as a member of a county41 H. B. 1260 (SUB) - 2 - 26 LC 44 3449S governing authority and shall certify such completion to the clerk of the applicable county42 governing authority within 30 days of such certification. Such course of training and43 education shall include, but not be limited to, orientation in local government finance and44 budgeting; methods of taxation; planning; public works and utilities; parks and recreation;45 environmental management; public safety, health, and welfare; p ersonnel management;46 responsiveness to the community; the ethics, duties, and responsibilities of members of a47 county governing authority or a chief executive officer; and such other matters as may be48 deemed necessary and appropriate by the academy."49 SECTION 3.50 Said title is further amended in Code Section 36-35-4, relating to compensation and benefits51 for employees and members of governing authority and conditions and requirements52 governing increases for elective members of governing authority, by revising subsection (a) 53 and by adding a new subsection to read as follows:54 "(a) The Except as provided in subsection (a.1) of this Code section, t he governing55 authority of each municipal corporation is authorized to fix the salary, compensation, and56 expenses of its municipal employees and the members of its municipal governing authority57 and to provide insurance, retirement, and pension benefits, coverage under federal old-age,58 survivors and disability programs, hospitalization benefits, an d workers' compensation59 benefits for its employees, their dependents, and their survivo rs and for members of the60 municipal governing authority, their dependents, and their survivors, when such benefits61 are provided to municipal employees. Any previous actions to ex tend insurance, federal62 old-age, survivors and disability programs, retirement, hospita lization, and workers'63 compensation benefits to members of the municipal governing aut hority are validated.64 With the exception of the provision of insurance, federal old-age, survivors and disability65 programs, retirement, hospitalization, and workers' compensation benefits, any action to66 H. B. 1260 (SUB) - 3 - 26 LC 44 3449S increase the salary or compensation of the elective members of the municipal governing67 authority shall be subject to the following conditions and requirements:68 (1) Any such increase shall not be effective until after the t aking of office of those69 elected at the next regular municipal election which is held im mediately following the70 date on which the action to increase the compensation was taken;71 (2) Such action shall not be taken during the period of time beginning with the date that72 candidates for election to membership on the municipal governin g authority may first73 qualify as such candidates and ending with the date members of the municipal governing74 authority take office following their election; and75 (3) Such action shall not be taken until notice of intent to t ake the action has been76 published in a newspaper of general circulation designated as t he legal organ in the77 county and in the municipal corporation at least once a week for three consecutive weeks78 immediately preceding the week during which the action is taken.79 (a.1) In the event that a member of a municipal governing auth ority fails to certify80 satisfactory completion of a course of training and education a s provided for in81 subsection (a) of Code Section 36-45-4, the applicable municipal governing authority shall82 cease payment of salary, compensation, expenses, or expenses in the nature of83 compensation to such member, and the member shall be entitled t o no such salary,84 compensation, expenses, or expenses in the nature of compensati on until such member85 provides such certification."86 SECTION 4.87 Said title is further amended in Code Section 36-45-4, relating to training of elected members88 of municipal governing authority, by revising subsection (a) as follows:89 (a) All persons elected as members of a municipal governing au thority who were not90 serving as members of a municipal governing authority on July 1 , 1990, shall enroll in,91 attend, and satisfactorily complete a course of training and education on matters pertaining92 H. B. 1260 (SUB) - 4 - 26 LC 44 3449S to the administration and operations of municipal governments. All such persons shall93 satisfactorily complete such course of training and education no later than July 1 of the year94 following the year of the election of such person as a member o f a municipal governing95 authority and shall certify such completion to the clerk of the applicable municipal96 governing authority within 30 days of such certification. Such course of training and97 education shall include, but not be limited to, orientation in local government finance and98 budgeting; methods of taxation; planning; public works and utilities; parks and recreation;99 environmental management; public safety; personnel management; responsiveness to the100 community; the ethics, duties, and responsibilities of members of a municipal governing101 authority or a chief executive officer; and such other matters as may be deemed necessary102 and appropriate by the Vinson Institute."103 SECTION 5.104 All laws and parts of laws in conflict with this Act are repealed.105 H. B. 1260 (SUB) - 5 -