HR1753: HR1753 Forsyth County Board of Commissioners; 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; urge

26 LC 47 4241 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 business1 within the designated county site and to coordinate with the City of Cumming to have the2 new administration center annexed into such city; and for other purposes.3 W H E R E A S , G e o r g i a l a w r e q u i r e s t h a t t h e o f f i c i a l b u s i n e s s o f a county government is4 conducted within the designated county site, also known as the county seat; and5 WHEREAS, an Act to make permanent the public buildings in the town of Cumming in the6 county of Forsyth, and to incorporate the same, approved December 18, 1834 (Ga. L. 1834,7 p. 253) and an Act to incorporate the town of Cumming in the co unty of Forsyth, and to8 make permanent the site of public buildings of said county, app roved December 22, 18439 (Ga. L. 1834, p. 255) designated the City of Cumming as the county site for Forsyth County;10 and11 WHEREAS, in recent years the Forsyth County Board of Commissioners has planned and12 constructed a facility located outside the corporate limits of the City of Cumming to serve13 as the new administration center of the county government; and14 H. R. 1753 - 1 - 26 LC 47 4241 WHEREAS, based on knowledge and understanding, it is the stated intention of the Forsyth15 County Board of Commissioners to conduct its official business, including voting upon and16 approval of ordinances and resolutions, at said new administration center; and17 WHEREAS, the Georgia Supreme Court in Brewster v. Houston County , 235 Ga. 68, 6918 (1975), found that "official county business is defined as the decision making process of the19 board [of commissioners] which includes the deliberation and voting on any issue of county20 business. Deliberation and voting on any issue must be conducte d in the county site and21 citizens of the county must be afforded an opportunity to be heard at the county site as to any22 issue of county business"; and23 WHEREAS, if the Forsyth County Board of Commissioners proceeds to conduct official24 county business at the new administration center located outside the designated county site,25 it runs the risk of placing a cloud of illegality and voidability over any such official county26 business that could lead to large swaths of its actions declared invalid and unenforceable; and27 WHEREAS, such actions would place the citizens and taxpayers of Forsyth County at28 substantial risk, both to matters of public safety and affecting the county treasury.29 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that30 the members of this body urge the Forsyth County Board of Commissioners to reconsider its31 decision to conduct official county business outside of the des ignated county site and to32 coordinate with the City of Cumming to have the new administrat ion center annexed into33 such city.34 H. R. 1753 - 2 - 26 LC 47 4241 BE IT FURTHER RESOLVED that the members of this body urge the F orsyth County35 Board of Commissioners to continue to conduct official county business at county buildings36 located within the corporate limits of the City of Cumming.37 BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized38 and directed to make appropriate copies of this resolution avai lable for distribution to the39 Forsyth County Board of Commissioners.40 H. R. 1753 - 3 -