36-36-114. Arbitration panel; composition and membership; assistance in formulating record; regulation.

Not later than the twentieth business day following the date that the department first receives an objection of a proposed annexation as provided for in Code Section 36-36-113, a panel of five arbitrators shall be appointed by the department using the selection process detailed in subsection (c) of this Code section.#

1. (1)

   The department shall develop and maintain three pools of potential arbitrators, comprised as follows:#

   1. (A)

      One pool which consists of persons who are currently or within the previous six years have been municipal elected officials, managers, or administrators;#

   2. (B)

      One pool which consists of persons who are currently or within the previous six years have been county elected officials, managers, or administrators; and#

   3. (C)

      One pool which consists of persons with a master’s degree or higher in public administration or planning and who are currently employed by an institution of higher learning in this state, other than the Carl Vinson Institute of Government of the University of Georgia.#

2. (2)

   Each pool shall be sufficiently large to ensure as nearly as practicable that no person shall be required to serve on more than four panels in any one calendar year and serve on no more than one panel in any given county in any one calendar year.#

3. (3)

   The department is authorized to coordinate with the Georgia Municipal Association, the Association County Commissioners of Georgia, and similar organizations in developing and maintaining such pools.#

1. (1)

   Within 15 business days of the date that the department first receives an objection of a proposed annexation as provided for in Code Section 36-36-113, the department shall submit to the county and municipal corporations a list of 11 potential arbitrators consisting of four potential arbitrators randomly selected by the department from the pool of municipal officials, four potential arbitrators randomly selected by the department from the pool of county officials, and three potential arbitrators randomly selected by the department from the pool of academics; provided, however, that the department shall ensure that none of such selections shall include a person who:#

   1. (A)

      Is a resident of the county which has interposed the objection or any municipal corporation located wholly or partially in such county;#

   2. (B)

      Actively seeks employment in the county which has interposed the objection or any municipal corporation located wholly or partially in such county;#

   3. (C)

      Is or has been employed within the preceding six years by the county which has interposed the objection or any municipal corporation located wholly or partially in such county; or#

   4. (D)

      Has already served on four other arbitration panels in the then-current calendar year.#

2. (2)

   Until noon on the twentieth business day following the date that the department receives the notice of disputed annexation:#

   1. (A)

      The municipal corporation shall be permitted to strike or excuse up to two of the four arbitrators that were randomly selected by the department from the county officials pool by submitting written notice of any such strikes to the department;#

   2. (B)

      The county shall be permitted to strike or excuse up to two of the four arbitrators that were randomly selected by the department from the municipal officials pool by submitting written notice of any such strikes to the department; and#

   3. (C)

      The county and municipal corporations shall each be permitted to strike or excuse one of the three arbitrators that were randomly selected by the department from the academic pool by submitting written notice of any such strikes to the department.#

3. (3)

   At the close of the period for permitted strikes as allowed in paragraph (2) of this subsection, the department shall finalize the arbitration panel for the given annexation dispute by appointing:#

   1. (A)

      Two arbitrators from the county officials subset identified in subparagraph (A) of paragraph (2) of this subsection who were not stricken;#

   2. (B)

      Two arbitrators from the municipal officials subset identified in subparagraph (B) of paragraph (2) of this subsection who were not stricken; and#

   3. (C)

      One arbitrator from the academic subset identified in subparagraph (C) of paragraph (2) of this subsection who was not stricken.#

4. (4)

   In the event that more than the required number of arbitrators remains within any given subset, the department shall randomly appoint the number of arbitrators needed for such subset from among those arbitrators remaining within such subset.#

5. (5)

   In the event that an arbitrator refuses or becomes unable to serve on a given panel to which he or she has been appointed pursuant to paragraph (3) of this subsection, the department shall randomly appoint a new arbitrator to such panel by randomly selecting an eligible arbitrator from the specific pool of arbitrators from which the original arbitrator was randomly selected under paragraph (1) of this subsection; provided, however, that such new arbitrator shall not have been previously stricken by the county or municipality.#

Prior to being eligible to serve on any of the three pools, persons interested in serving on such panels shall receive joint training in alternative dispute resolution together with zoning and land use training, which may be designed and overseen by the Carl Vinson Institute of Government of the University of Georgia in conjunction with the Association County Commissioners of Georgia and the Georgia Municipal Association, provided such training is available. Provided that the General Assembly appropriates sufficient funds in an applicable fiscal year, the Carl Vinson Institute of Government of the University of Georgia shall provide at least one training program per year to train new potential panel members.#

At the time any person is selected to serve on a panel for any particular annexation dispute, he or she shall sign the following oath: “I do solemnly swear or affirm that I will faithfully perform my duties as an arbitrator in a fair and impartial manner without favor or affection to any party, and that I have not and will not have any ex parte communication regarding the facts and circumstances of the matters to be determined, other than communications with my fellow arbitrators, and will only consider, in making my determination, those matters which may lawfully come before me.”#

The department shall develop and maintain a list of court reporters and hearing officers that may be employed by the department at the request of an arbitration panel to assist the panel in formulating the record before the panel. An arbitration panel may by majority vote of its members elect to employ court reporters and hearing officers from such list. Any costs or charges related to the employment of court reporters and hearing officers pursuant to this subsection shall be evenly divided between the city and the county.#

The department shall promulgate rules and regulations to provide for uniform procedures and operations of arbitration panels established pursuant to this article. Notwithstanding any provision of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” to the contrary, such proposed rules and regulations shall be submitted to the chairperson of the House Governmental Affairs Committee and the Senate Committee on State and Local Government Operations.#

Not later than the fifteenth calendar day following the date the department received the first objection provided for in Code Section 36-36-113, an arbitration panel shall be appointed as provided in this Code section.#

The arbitration panel shall be composed of five members to be selected as provided in this subsection. The department shall develop three pools of arbitrators, one pool which consists of persons who are currently or within the previous six years have been municipal elected officials, one pool which consists of persons who are currently or within the previous six years have been county elected officials, and one pool which consists of persons with a master’s degree or higher in public administration or planning and who are currently employed by an institution of higher learning in this state, other than the Carl Vinson Institute of Government of the University of Georgia. The pool shall be sufficiently large to ensure as nearly as practicable that no person shall be required to serve on more than four panels in any one calendar year and serve on no more than one panel in any given county in any one calendar year. The department is authorized to coordinate with the Georgia Municipal Association, the Association County Commissioners of Georgia, the Council of Local Governments, and similar organizations in developing and maintaining such pools.#

Upon receiving notice of a disputed annexation, the department shall choose at random four names from the pool of municipal officials, four names from the pool of county officials, and three names from the pool of academics; provided, however, that none of such selections shall include a person who is a resident of the county which has interposed the objection or any municipal corporation located wholly or partially in such county, and further provided that none of such selections shall include a person who has already served on four other arbitration panels in the then-current calendar year. The municipal corporation shall be permitted to strike or excuse two of the names chosen from the county officials pool; the county shall be permitted to strike or excuse two of the names chosen from the municipal officials pool; and the county and municipal corporation shall each be permitted to strike or excuse one of the names chosen from the academic pool.#

Prior to being eligible to serve on any of the three pools, persons interested in serving on such panels shall receive joint training in alternative dispute resolution together with zoning and land use training, which may be designed and overseen by the Carl Vinson Institute of Government of the University of Georgia in conjunction with the Association County Commissioners of Georgia and the Georgia Municipal Association, provided such training is available. Provided that the General Assembly appropriates sufficient funds in an applicable fiscal year, the Carl Vinson Institute of Government of the University of Georgia shall provide at least one training program per year to train new potential panel members.#

At the time any person is selected to serve on a panel for any particular annexation dispute, he or she shall sign the following oath: “I do solemnly swear or affirm that I will faithfully perform my duties as an arbitrator in a fair and impartial manner without favor or affection to any party, and that I have not and will not have any ex parte communication regarding the facts and circumstances of the matters to be determined, other than communications with my fellow arbitrators, and will only consider, in making my determination, those matters which may lawfully come before me.”#

The department shall develop and maintain a list of court reporters and hearing officers that may be employed by the department at the request of an arbitration panel to assist the panel in formulating the record before the panel. An arbitration panel may by majority vote of its members elect to employ court reporters and hearing officers from such list. Any costs or charges related to the employment of court reporters and hearing officers pursuant to this subsection shall be evenly divided between the city and the county.#

The department shall promulgate rules and regulations to provide for uniform procedures and operations of arbitration panels established pursuant to this article. Notwithstanding any provision of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” to the contrary, such proposed rules and regulations shall be submitted to the chairperson of the House Governmental Affairs Committee and the Senate Committee on State and Local Government Operations.#