Fifth Edition Handbook for GEORGIA COUNTY …

1 Handbook for GEORGIA COUNTY COMMISSIONERSF ifth EditionHandbook for GEORGIA COUNTY COMMISSIONERSF ifth EditionEdited by Betty J. Hudson and Paul T. HardyPublished in cooperation with theAssociation COUNTY Commissioners of GeorgiaCa rl V inso n Institute of GovernmentHandbook for GEORGIA COUNTY CommissionersFifth Edition 1978, 1986, 1993, 2002, 2010 by the Carl Vinson Institute of Govern-ment, The University of GEORGIA . Printed in the United States of America. All rights reserved. No part of this publication may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews.

2 ISBN 978-0-89854-230-1 Library of Congress Cataloging-in-Publication DataHandbook for GEORGIA COUNTY commissioners / edited by Betty J. Hudson and Paul T. Hardy. 5th 978-0-89854-230-11. COUNTY government Law and legislation GEORGIA . 2. COUNTY officials and employees GEORGIA Handbooks, manuals, etc. I. Hudson, Betty J., 1955- II. Hardy, Paul T., 1953- III. '09 dc22 ContentsPreface xxiiiAcknowledgments xxvIntroduction 1 Ross KingPart 1. Organization and StructureChapter 1. COUNTY Government Structure 7 Richard W. Campbell, David N. Ammons, and Dave WillsPolicy-Making and Executive Roles 7 Alternative Forms of Government 8 Traditional Commission Sole Commissioner Elected Executive Commission-Administrator Commission-ManagerProfessionalism in Relation to COUNTY Government Structure 16 Changing a COUNTY s Form of Government 18 Chapter 2.

3 Counties: Sources and Limits of Power 25 James F. Grubiak and Kelly J. L. PridgenGeorgia Constitution and State Statutes 25 Local Legislation 26 Form of Government Compensation Other Matters CodificationHome Rule Authority 28 Ordinances 29 Format Codification Ordinance Violations Code Enforcement Boards Federal LimitationsResolutions 32 Claims and Lawsuits against the COUNTY 33 Defending and Insuring the COUNTY Bonding COUNTY Officials Insuring COUNTY Officials, Employees, and Property Defending COUNTY OfficialsCounty taxation and Spending 35 Power to Tax Purposes of taxation General Tax Levies Tax Assessment and Collection Tax Refunds Spending Tax Funds Spending Nontax Funds GratuitiesServices 38 Planning and Zoning 40 Special Service Districts 41 Chapter 3.

4 COUNTY Commissioners: Powers and Duties 49 James F. Grubiak and Kelly J. L. PridgenPowers 49 Oath of Office Exclusive and Original JurisdictionTrustee/Fiscal Authority 51 Budgeting and Spending COUNTY Funds ContractsAudits and Accounts 51 COUNTY Property 52 Control COUNTY Buildings Protection Courthouse Security Inventory Acquisition and Disposal Demolition of Historic CourthousesCounty Roads and Traffic 55iv Commissioners Compensation 55 Resignations, Vacancies, and Terms of Office 56 Relationship to Other COUNTY Officials 57 COUNTY Commissioners as Employers 57 Employees Compensation Other COUNTY Officials and Their Employees Compensation Benefits Merit System Office Hours Federal Law and COUNTY Employees Due ProcessChapter 4.

5 Other COUNTY Officials, Officers, Boards, Authorities, and Regional Commissions 63 Paul T. Hardy and Dave WillsCounty Administrative Officials 63 Clerk of the COUNTY Governing Authority (The COUNTY Clerk) COUNTY Manager/Administrator COUNTY AttorneyConstitutional Officers 65 Sheriff and Deputies Clerk of the Superior Court Judge of the Probate Court Tax CommissionerLocal Elected Judicial Officers 71 Judge of the Superior Court District Attorney Judge of the State Court Solicitor-General of the State Court Chief Magistrate Other Elected and Appointed Officers 76 Circuit Public Defender Coroner Medical Examiner Surveyor Treasurer Emergency Management DirectorOthers 79 COUNTY Police Grand JuryCounty Boards and Authorities 81 board of Tax Assessors, Equalization board .

6 Appraisers board of Health and Health Districts board of Family and Children Services Regional Planning Boards for vMental Health/Community Service Boards Planning Commission and board of Zoning Appeals and Variances Public and Law Library Boards Park or Recreation Boards Development Authority Hospital Authority Housing Authority Airports/Airport Authority 9-1-1 Authority COUNTY School board and Superintendent Regional CommissionsChapter 5. Liability of Public Officials and the COUNTY 107 Michael O Quinn, J. Devereux Weeks, and Donald CroninFederal Civil Rights and Employment Claims 108 Claims under 42 1983 Federal Employment LawState Law Claims 114 Sovereign Immunity Official ImmunityState Law Challenges to the Decisions of the board of Commissioners 117 Risk Management, Insurance, and Indemnification Agreements 119 Chapter 6.

7 Ethics, Conflicts of Interest, and Abuse of Office 125 James F. GrubiakStandards Expressed in the GEORGIA Constitution 125 Codes of Ethics 126 State Code Special Rules for Members of Boards, Commissions, and Authorities Local CodesConflicts of Interest Generally 128 Zoning and Conflicts of Interest Holding Conflicting Governmental Positionsvi Abuse of Office 131 Acts of Abuse of Office Federal Law Concerning Criminal Acts of Public Officials Suspension and Removal of Elected OfficialsLocal Lobbying Registration and Reporting 137 Evaluating Ethical Dilemmas 138 Part 2. Management of COUNTY GovernmentChapter 7.

8 Personnel Management 143 Stephen E. Condrey, Benton J. Mathis Jr., William H. Buechner, Elizabeth Bulat Turner, Sabrina Riles, and Kelly J. L. PridgenHuman Resource Management 143 Employee Recruitment and Selection Position Classification Salary Administration Employee Training and Development Performance Appraisal Personnel Policies and ProceduresTermination and Discipline of Employees 149 The Terminable At-Will Doctrine and Property Interests Elements of Procedural Due Process for Employees with a Property Interest in Their Job Name-Clearing Hearings and Liberty Interests Personnel Decisions: The Open Meetings Act and the Open Records ActCounty Employees and the First Amendment 157 Freedom of Speech Cases Political Patronage CasesAntidiscrimination Statutes 160 Race, Sex, Religion, and National Origin: Title VII Age Discrimination in Employment Act Equal Pay Act Americans with Disabilities Act GEORGIA Antidiscrimination LawsviiRight to Privacy.

9 Workplace Monitoring and Searches 164 Workplace Searches Monitoring of Telephones and E-mail Drug TestingWhistleblower Statutes 166 GEORGIA s Whistleblower Protection Act Federal False Claims ActEmployee Compensation, Leave, and Benefits 166 Minimum Wage, Overtime, and Compensatory ( Comp ) Time: Fair Labor Standards Act Family and Medical Leave Act Military Leave of Absence: Uniformed Services Employment and Reemployment Rights Act and GEORGIA Law Leave for Voting Leave for Jury Duty and Court Proceedings Employee Benefits Retirement Benefits Medical and Disability Benefits Workers Compensation Benefits Indemnification and Defense Benefits GarnishmentChapter 8.

10 Contracting, Purchasing, and Sale of COUNTY Property 181 Kelly J. L. PridgenRequirements for COUNTY Contracts 181 Written Contracts Entered into the Minutes Length of Contract Multiyear Contracts Other Exceptions Intergovernmental ContractsConstruction Contracts 184 Public Works Construction Contracts Construction Projects Subject to the Law Advertising the Proposed Project Prequalification of Bidders and Offerors Competitive Sealed Bids and Proposals Construction Delivery Systems Method of Competitive Award and Construction Delivery Choosing a Construction Delivery System Bond Requirements Contractor s Oath Penalties for Failure to Comply with Public Works Lawviii Road