Loading...
HomeMy WebLinkAboutCOMM. 009MERLE K. LAI Council Member COUNTY COUNCIL County of Hawaii Hawaii County Building Hilo, Hawaii 96720 January 15, 1979 Chairman Kimiaki Sakata and Members of the Charter Review Commission 25 Aupuni Street County of Hawaii Hilo, Hawaii 96720 I am submitting for your serious consideration and review information regarding Charter Counties with the County Manager form of government. I have found the submittal materials both informative and interesting. Thank you very much. (04 rle K. Lai OUNCILWOMAN Encl. Offices • 1735 New York Avenue N.W., Washington, D.C. 20006 • Telephone 202/785-9577 January 11, 1979 Ms. Merle K. Lei Councilwoman Hawaii County Hawaii County Building Hilo, HI 96720 Dear Councilwoman Lei: This letter is in response to your letter of December 21, requesting in- formation on charter counties with the administrator form of government. Enclosed are copies of six counties' whose charters describe the duties of the administrator: Juneau,•Sitka, Alaska; Fresno, Sacramento, San Mateo, California; and Talbot, Maryland. Also enclosed is an article from the magazine of the Association of County Commissioners of Georgia. The article describes the different types of managers in Georgia. Several states have included the duties and responsibilities of an administrator or manager in their enabling legislation. I have enclosed copies of some of these statutes. Enclosed are Alaska, Florida, New Mexico, Minnesota, North Dakota, South Carolina, and Pennsylvania, state statutes. The duties and responsibilities of an administrator are delegated and expanded by the governing board. The charters of San Mateo and Sacra- mento, California and Talbot, Maryland detail their administrative of- ficer's duties more fully than the other charters. If you wish to contact these counties, I have enclosed a copy of the NACo affiliate's directory of administrators. If I may be of'further assistance, please contact me. Sincerely, • LKG/gvf Enclosure Linda K. Ganschinietz Research Associate ar c: Y Yx tl4tfir' d i,�'F�k'.2_ .- N4?� � t£ '° a.� .? C�aPthi°41b t:� �r�L tT"'Ca r r�li' a+ "i F:rnl?d1'§ka�.'t4R� yo. oirt4,Cvt; b• o -c .2t..+N:yuxr kwd ..,.+..:a .vinw.u�...5il.a. ?.. a,. rslc xa4.::.. �rrkf ra,nu..:a 1..„/, .�._i. .... -5; ..i ,..,,,i,... t, ,. '`-',147:#.7$Iv'c'Gr. CHARTER member of the assembly, or by a municipal officer or employee. (c) All questions presented to the assembly concerning any subject which has been delegated to a board shall be submitted first to the board for consideration unless the assembly shall otherwise determine. (d) Boards shall not be authorized to employ or remove or direct the employment or removal of any municipal officer or employee, except that the personnel board may determine all questions as required by the personnel regulations adopted by the assembly. (e) The prevailing vote of the majority of the members of a board shall be required for official action. A quorum of a board shall consist of a majority of the full membership of the board. (f) Board meetings shall be conducted as provided for the assembly in Section 3.12 (d) of this Charter. Section 3.17. Ordinance Violations. (a) The assembly may prescribe penalties not to exceed 30 days imprisonment or a fine of $500, or both, for the violation of ordinances. (b) Assembly legislation relating to alcoholism and pub lcc drunkenness shall emphasize treatment and prevention rather than imprisonment or levy of fines. To help formulate policy for this purpose, the assembly shall establish a community I advisory board on prevention and treatment of alcoholism. Section 3.18. Ombudsman. The assembly by ordinance may establish the office of ombudsman as a part of the legislative branch of the municipality. ARTICLE IV — EXECUTIVE Section 4.1. Manager. There shall be a manager of the municipality. The assembly shall appoint him. The assembly may enter into a term contract with a manager. Section 4.2. Qualifications. The manager shall be appointed solely on the basis of his executive and administrative qualifications, with particular reference to his education, training, and experience as a professional municipal 8 • CHARTER administrator. The assembly by ordinance may set forth specific, qualifications. No member of the assembly may to appointed manager unless at least two years have intervened since the expiration of his last term on the assembly and . the date of appointment. Section 4.3. Suspension or Remcval. The assembly may suspend or remove the manager at any time. Section 4.4. Acting Manager. if the manager is absent from the municipality or is unable to perform his duties, if the assembly suspends the manager, or if there is a vacancy in the office of manager, the assembly may appoint an acting manager to serve until the manager returns, until his disability or suspension ceases, or until another manager is appointed. The assembly shall replace the acting manager with a permanent manager within a reasonable time, and in no case may he serve as acting manager for more than one year. An assemblyman may serve as acting manager but first must resign from the assembly. Section 4.5. Powers and Duties. The manager shal.`. bechief administrative officer of the municipality and shall be responsible to the assembly. He shall execute the provisions of this Charter, all ordinances of the municipality, and all applicable laws. Without limiting the foregoing or excluding other or broader powers consistent therewith, the manager shall: (a) Appoint or remove all heads of administrative departments and, subject to such personnel regulations as the assembly may adopt, other municipal employees. He may • authorize any administrative officer to appoint or remove subordinates in his department, subject to such personnel regulations as the assembly may adopt; (b) Direct the care and custody of all municipal property; (c) Direct and supervise the construction, maintenance., and operation of municipal public works; (d) .Prepare and submit the annual budget and capital improvements program to the assembly; (e) Keep the assembly fully advised on the financial 9 CHARTER condition and needs of the municipality; (f) At the beginning of each fiscal year, submit to the assembly a report on the financial and administrative activities of the municipality for the preceding fiscal year; within three months after the end of each fiscal year, prepare and make available to the public; at such reasonable price as the assembly may direct, an annual report on municipal affairs during the preceding fiscal year. Section 4.6. Assembly Meetings. The manager shall have the right to take part in the discussion of all matters coming before the asembly. ARTICLE V — LEGISLATION Section 5.1. Ordinances. Each proposed ordinance shall be introduced in writing and in the form required by the assembly. The subject of each ordinance• shall be expressed in its title. Each ordinance shall be confined to one subject unless it is an ordinance establishing a budget or one codifying; revising or rearranging existing ordinances. Ordinances establishing budgets shall be confined to such subject. Section 5.2. Actions by Ordinance. In addition to other actions required by this Charter, those actions of the assembly shall be by ordinance which: (a) Establish, alter or abolish any municipal department; (b) Provide for a fine or other penalty, or establish a rule or regulation for violation of which a fine or other penalty is prescribed; (c) Grant, renew, or extend a franchise; (d) Regulate the rate charged for its services by any public utility; (e) Establish procedures for acquisition and disposal of lands or rights in lands, including but not limited to requirements for public notice and competitive bidding; (f) Adopt or modify the official map, platting or subdivision controls or regulations, or zoning controls; (g) Propose a sales or use tax; 10 CIIA CITY A ` • IE RULE 'fliJOFTflE ROU ll OF S TKA City and itorough of Sitka. Alaska Box 79 Sitka, Alaska 99835 Printed December, 1971, by Sika Printing Co. and The Daily Sitka Sentinel (c) Printing. The Assembly with the advice and assistance of the legal counsel shall cause each ordi- nance and resolution having the force and effect of law and each amendment to this charter to he printed as promptly as possible following its adoption; each of the:•e to be made available to the public at a reason- able price set by the Assembly. ARTICLE IV ADMINISTRATOR --- EXECUTIVE Section 4.01 Appointment, Qualifications, Compensation The Assembly shall.appoint a municipal administrator for an indefinite term and fix his compensation. The administrator shall serve at the pleasure of the Assembly and he appointed solely on the basis of his executive and administrative qualifications. He need not be a resident of the municipality or state at the time of his appointment. Section 4.02 Removal; Suspension The Assembly may remove the administrator from office in accordance with the following procedures: (a) Preliminary Resolution. The Assembly shall adopt by affirmative vote of a majority of its members a preliminary resolution which must state the reasons for removal; and may suspend the administrator for a period of not to exceed 30 days. A copy of the resolution shall be delivered promptly to the administrator. (b) Public Hearing. Within 5 days after a copy of the resolution is delivered, the administrator may file with the Assembly a written request for a public hear- ing. The hearing shall be held at an assembly meeting not earlier than 10 days or later than 20 days after the request is filed. The administrator may file with the Assembly a written reply not later than 5 days be- fore the hearing. (c) Final Resolution. If the administrator has not filed a request for public hearing, the Assembly may adopt a final resolution of removal, which may be made effective immediately, by an affirmative vute of a majority of its members, at any time after five days from the date when a copy of the preliminary resolution was delivered to the administrator. if a public hearing is requested, final resolution may be adopted any time thereafter. (d) Continuation of Salary. The administrator shall continue to receive his salary until the effective date of a final resolution of removal. The action of the Assembly shall not be subject to review by any court or agency. Section 4.03 Acting Municipal Administrator If the administrator is absent from the municipality or is unable to perform his duties; if the Assembly sus- pends the administrator; or if there is 0 vacancy in the. office of administrator. the Assctnhly may appoint an acting administrator to serve until the administrator returns, until his disability (r suspension ceases, or until another administrator is appointed. The Assembly shall replace the acting administrator with a permanent administrator within a reasonable time, and .in no case may he serve as acting administrator for more thrul one year. Section 4.04 Powers and Duties of Administrator The administrator shall he the chief administrative officer of the municipality and shall be responsible to the Assembly. Ile shall execute the provisions of this Charter, all ordinances of the, municipality and all appli- cable Iriws. Without limiting the foregoing or excluding other or broader powers consistent therewith, the ad- ministrator shall: (1) Except as otherwise provided by this Charter, with the approval of the Assembly appoint. !or remove all heads of administrative departments, subject to such personnel regulations as the Assembly may adopt: (2) hirec_t the care and custody of all municipal property: (3) Direct and supervise the construction, main- tenance and operation of municipal public works; (.4) Prepare from departmental submissions the annual budget and capital improvements program and submit. them to the Assembly; (51 Keep the Assembly fully advised on the financial condition and needs of the municipality; (6) At the beginning of each fiscal year, submit to the Assembly a report on the financial and admini- strative activities of the municipality for the Preceding fiscal year; within three months after the end of each fiscal year, prepare and make available to the public, at such reasonable price as the Assembly may direct,. an annual report on the municipal affairs during the preceding fiscal year; (7) Unless excused, attend all Assembly meetings and shall have the right to take part in the discussion of all matters, but may not vote. 7 ARTICLE fir' NOMINATIONS ... ELECTIONS Section 5.01 General Requirements (a) Regular Elections. A regular election shall be , held annually on the first Tuesday in October. (b) Special Elections. The Assembly shall provide by ordinance for special elections. (c) Notice of Elections. At least 30 days published notice shall be given of a regular or special election. The notice shall state the purpose of the election. ((l) Qualifications of Voters. To be eligible to vote at any municipal election. at the time of the election a person shall be: (il Qualified to vote in state elections; (2) A resident of the municipality for at least 30 days immediately preceding the election. (e) Nomination. Candidates for elective office shall be nominated by a petition signed by at least 25 qualified voters of the municipality. All nomination papers comprising a petition shall be assembled and filed in person with the clerk during office hours as one instrument nut earlier than 90 or later tlion 25 days before the election. No nominating petition may . be accepted unless accompanied by a signed acceptance of the nomination. (f1 Election Procedures. All elections shall be non- partisan. The Assembly shall prescribe the general rules for the conduct of municipal elections as set forth by the Alaska Election Code. CHARTER COUNTY OF FRESNO, STATE OF CALIFORNIA id district. No such boundaries shall ever be so changed as to effect the incumben- cy e in inoffice fboundarrie boundaries supervisor. supervisorial district may be made, except within one year after a general election. SECTION 8. Whenever a vacancy occurs in the Board of Supervisors, it shall be filled as follows: • (a) In the event such vacancy oc- curs in the final year of a term, it may be filled by the unanimous vote of the re- maining members, provided there are at least three remaining members, and if they fail for a period of thirty days fol- lowing the occurrence of such vacancy to make such appointment, the Govern- or shall fill the vacancy. (b) In the event such vacancy oc- curs other than in the final year of a term, the Board of Supervisors shall, without delay, call a special election to fill such vacancy to be held not less than seventy-five nor more than ninety days after the call, provided, however, if an election date as provided in Section 2504 of the Elections Code or similar State law falls not less than seventy-five nor more than one hundred twenty days after the call, such special election shall be consolidated with such election. The person appointed or elected to fill such vacancy shall serve for the remaining unex- pired term and until the election and qualifi- cation of his successor. Aperson op ofithed or elected must be a qualified district in which the vacancy occurs, must have been a resident of the territory present- ly therein for at least thirty (30) dans imme- . diately preceding the occurrence of the vacancy, and must reside therein during his incumbency. (Amended June 8, 1976). SECTION 8.5. In the event an election is held pursuant to Section 8 of this Charter to fill a vacancy in the Board of Supervisors and at such election no candidate receives a malorify of all the votes cast and not less than eighteen months remains of said term of office from the date of the creation of such vacancy, a runoff election between the two candidates who have received the most votes shall be had as soon as may be legal and practical. (Amended June 8, 1976). NAME AND F.1GHTS OF THE COUNTY SECTION 1. The County of Fresno as it now exists is a body corporate and pol- itic, and as such hos and shall have all the powers which are new or Constitytibe be hereafter specified by and laws of the State of California, and by this Charter and such other powers os ore necessarily implied. SECTION 2. The powers menticned in the preceding section con be exercised only by a Board of Supervisors or by agents and officers actiolounder w or oftheir authority or by authority s Charter. SECTION 3. The corporate name shall be "County of Fresno''actions which must be thus designated in all actio sandpro- ceedings touching its corprights, properties and duties. Its boundaries and county seat shall remain the same as they are now, until otherwise changed by law. BOARD OF SUPERVISORS SECTION 4, The County of Fresno shall have a Board of Supervisors consisting of five members. Each member must be an . elector of the district which he represents, must reside therein during his incumbency, must have been such ector therein prece.ding least thirty (30) days immediately the first day for which nomination papers may be taken out for the prirnary election at which he is a candidate, and shall be elected by the voters of such district. Super- visors shall be nominated and elected at the time and in the manner and for heems now or hereafter provided by general l w. ' (Amended June 8, 1976). SECTION 5. (Repealed November 7, 1944). SECTION 6. The County of Fresno is hereby divided into five supervisorial dis- tricts, the boundaries and designations of which shall he and remain as they now are until otherwise changed as provided by law. SECTION 7. thefth Boa rd of fts pervisors may by chonge the boundaries of any supervisor - 1 0.0 isdiction, powers and duties to formulate, approve, adopt, enact, and administer general plans, zoning ordinances, official plans and precise plans, and do any and all other things related to local and area planning as is now or may hereafter be conferred upon them by Title 7 of the Government Code of the State of Cali- fornia or any general State law relating to planning as the same mcy now or hereafter provided. All matters of proce- dure relating to proceedings before the Planning Commission and the Board of Supervisors, including appeals, shall be established by ordinance or rule and any matter of procedure not so provided shall be governed by general law. (Amended June 7, 1966). SECTION 19. County Administrative Officer: 1. The County Administrative Offi- cer shall be the Chief Administrative Officer of the County. He shall main- tain residence within the County of Fresno during his tenure of office. 2. The County Administrative Offi- cer shall be responsible to the Board of Supervisors for the proper and ef- icient administraticn of such affairs of the County as ore or hereinafter may be placed in his charge, or under his jurisdiction or control, pursuant to the provisions of this Charter, or of any ordinance, resolution or order of the Boord of Supervisors. He shall also act in an advisory capacity to and with the Board of Supervisors with re- spect to any necessary or proper co- ordination of the functions of officials and boards not under his jurisdiction or control. He shall be charged with, and shall be responsible for, the ad•• ministrotive supervision of all depart- ment heads for which he is the ap- pointing authority, the enforcement of all ordinances, orders or governmental regulations of the Board of Supervisors, and he is vested with the power to sue in the name of the County, in the proper court, to enforce same. 3. In addition to other powers and duties provided in this Charter, it shall be the duty of tht: County Adminis- trative Officer and he shall hove the power to: (o) Supervise and direct the pre- paration of the annual budget of the County for the Board of Super- visors and be responsible for its ad- ministration after adoption. (b) Formulate and present to the Board of Supervisors, such measures, recommendations and ordinances as 5 may to him seem necessary or ex- pedient, and to organize and pre- sent to the Board of Supervisors programs for the growth and de- velopment of the County and for the expansion of public works and services mcde necessary thereby, in- cluding a long term plan for capitol improvements. (c) Make recommendations to the Board of Supervisors relating to personnel policies, including the creation or obolition of positions in the several County offices and de- partments, and the establishment of salaries and woges therein. (d) To perform such other duties os may be Iowfully prescribed or re- quired by this Charter, or by ordi- nance, resolution, or order of the Board of Supervisors. (Amended June 7, 1966). SECTION 20. (Repealed June 7, 1966). SECTION 21. The Probation Officer shall he appointed by the Judges of the Superior Court of the County of Fresno. The salary of the Probation Officer and of deputy pro- bation officers shall be fixed by the Board of Supervisors. In all other probation mat- ters the General Law shall apply and the Probation Officer shall be governed thereby. (Amended June 8, 1976). SECTION 22. All officers, boards and commissions to whom fees are paid for the performance of official duties, except as otherwise specifically provided in this Charter, and all officers or employees co Iecting or receiving any moneys per- taining to or for the use of the County, shall make regular monthly settlements and accounts of their collections. The Tax Collector, Auditor, County Clerk, and Sheriff shall pay all sums of money so received by them to the Treasurer daily and all other officers so receiving such sums shall pay the same to the County Treasurer at least once a month, in no event making such payment later than the 5th day of the succeeding cal- endar month. SECTION 23. Except as provided by this Charter or required by the laws of the State of California, whenever a vac- ancy occurs in any elective county or judicial district office, the Board of Su- pervisors shall fill such vacancy and the appointee shall hold office for the full unexpired term of his predecessor and until his successor is elected and quali- fied. (Amended June 7, 1966). • CHARTER OF THE COUNTY OF SACRAMENTO CA AS AMENDED THROUGH NOVEMBER 1976 FOREWARD We, the People of the County of Sacramento, State of California, for the purpose of framing a fun- damental law for its own govern- ment under the Constitution and laws of this State, do ordain and establish this Charter for Sacramento County. 111 tat MVP7.44,',7 5' qxn Tip; ARTICLE VII Powers and Duties of County Executive SECTION 20. GENERAL POWERS AND DUTIES. The County Executive shall be responsible to the Board of Supervisors for the proper and efficient administration of such of the affairs of the county as are or hereafter may he placed in his charge, or under his jurisdiction or control, pursuant to the provisions of this Charter, or of any ordinance, resolution or order of the Board of Supervisors: He shall also act in an advisory capacity to and with the Board of Supervisors with respect to any necessary or proper coordination of functions of officials and boards not under -his jurisdiction or control. He shall be charged with, and shall be responsible for, the enforcement of all ordinances, orders or governmental regulations of the Board of Supervisors, and he is vested with the power to sue, in the name of the county, in the proper court, to enforce same. SECTION 21. ADDITIONAL POWERS AND DUTIES. In addition to other powers and duties . herein provided, it shall be the duty of the County Executive and he shall have the power: (a) To appoint and to remove, subject to the provisions of this Charter, all appointive officers, • deputies, clerks, attaches and other employees, boards and commissions, except as is otherwise pro- vided by law or by this Charter. (b) To make recommendations to and requests of the Board of Supervisors concerning all of the matters and things which, pursuant to the provisions of this Charter, are to be performed, done • or carried out by said Board upon the recommendation or at the request of the County Executive. (c) To recommend, for adoption by the Board of Supervisors, such measures and ordinance as may to him seem necessary or expedient, and to make such other recommendations to the Board concerning the affairs of the county as may to him seem necessary or expedient. (d) To prepare and submit to the Board of Supervisors, such reports as said Board may require, with respect to the activities of any office or institution which is, or hereafter may be, under the control or subject to the direction or supervision of the County Executive. (e) To keep the Board of Supervisors advised of the financial condition and of the needs of the county. (f) To employ, by and with the approval of the Board of Supervisors, experts and consult- ants to perform work and advise, in connection with any of the functions of the county, when economically advantageous. (g) To have charge of all buildings and grounds of the county, and to arrange, by and with the consent of the Board of Supervisors, for adequate facilities for space and equipment necessary or proper in the conduct of any county office or county function. (h) To prepare, or cause to be prepared, within the limits of his jurisdiction, such plans, specifications and detailed drawings as may become necessary or proper for work which the Board of Supervisors may order to be done, or for material or supplies which said Board may order to be furnished. (i) To consult with and make recommendations to the Board of Supervisors with respect to the award of public contracts, within the limits of his jurisdiction and to see that all contracts made with the county are faithfully performed. 8 • (j) To temporarily .ransfer employees from one position to )other within the County. (k) To devote his entire time to the duties and interests of the county. (1) To perform such other duties as may he lawfully prescribed or required by this Charter, or by ordinance, resolution or order of the Board of Supervisors. (m) To report to said Board of Supervisors recommendations for improvement in the adminis- tration of elective and appointive offices of said county, and concerning the increase or decrease of the number of employees therein. (n) From time to time recommend to the Board of Supervisors such amendments to this Charter as according to his experience, observation and study will produce more efficient and economical government for the county. (o) To investigate and recommend to the Board of Supervisors, what, if any, offices of the county may be consolidated to increase the economy and efficient operation thereof. (p) To set proper schedule of fees to be collected for the verifying, checking and approval by the County Surveyor of maps of proposed subdivisions required by law, and to set rates of charges for such other work as may be now or hereafter required by law, but such rates shall not he less than the prevailing or current rates for similar work. (q) All formal recommendations of the County Executive to the Board of Supervisors should be in writing. SECTION 22. ADVERTISING AND EXPLOITING RESOURCES OF COUNTY. The County • Executive shall consult with the Board of Supervisors with respect to any appropriations made by the Board of Supervisors for advertising and exploiting county resources. Such appropriations made by the said Board of Supervisors shall be only upon the recommendation of the County Executive. SECTION 23. LIMITATION IN POWERS. The County Executive among other limitations not herein expressly enumerated shall not be vested with power under this Charter: (a) To exercise any legislative function. (b) To expend any sums of money, except in pursuance of appropriations or budget author- izations adopted by the Board of Supervisors, or authorized by this Charter. (c) To sell or otherwise dispose of, lease or encumber, any real or personal property belonging to the county, except as otherwise herein provided. (d) To grant, cancel or revoke any franchise. (e) To exercise any power, authority or control over Board of Supervisors, or over any elective officer of the county, or over any appointive officer or board whose appointment is by the provisions of this Charter vested in another than himself, except in cases where the power to do so is expressly conferred upon hien by this Charter, or by any subsequent amendment thereof, or by a grant of authority by legislative act on the part of the Board of Supervisors; provided, however, that the limitations in this Section contained shall in no sense be construed as preventing or prohibiting the County Executive from making timely recommendations to the Board of Supervisors, or to any elected or appointed officer or hoard, with respect to a more efficient or economical administra- tion of affairs within the particular office or jurisdiction of such board or such officer: nor shall this section be construed as preventing or prohibiting, the Board of Supervisors, in proper cases, from ratifying, approving, confirming or validating any action of the County Executive, assumed by him as an emergency measure, if any such there ever should be. 9 • CHARTER- of HARTERof the COUNTY OF SAN MATEO,CA As Amended to June, 1978 Reference Copy Prepared by Office of the County Manager orally by the County Civil Service Commission. When the County Civil Service Commission has interviewed all qualified applicants, said Commission shall nominate a panel of the three highest quali- fied candidates.. This panel shall be submitted to the Board of Supervisors, who in turn shall appoint the County Manager from the three names submitted. (Added November, 1948) Section 4. (REPEALED APRIL, 1961) Section 5. Cooperation by Elective and Appointive Officers. All elective and appointive officers of the County shall cooperate with the County Manager and the County Manager shall cooperate with them to the end that complete coordination of all officers, services and employment shall be accomplished. (Added November, 1948) Section 6. (REPEALED APRIL, 1961) Section 7. (REPEALED APRIL, 1961) Section 8. (REPEALED APRIL, 1961) ARTICLE V POWERS AND DUTIES OF COUNTY MANAGER Section 1. General Powers and Duties. The County Manager shall be responsible to the Board of Supervisors for the proper and efficient administration of such of the affairs of the County as are or hereafter may be placed in his charge, or under his jurisdiction or control, pursuant to the provisions of this Charter, or of any ordinance, resolution or order of the Board of Supervisors. He shall also act in an advisory capacity to and with the Board of -8- • • ., Supervisors with respect to any necessary or proper coordination of the functions of officials and boards not under his jurisdiction or control. He shall be charged with, and shall be responsible for, the enforcement of all ordinances, orders or governmental regula- tions of the Board of Supervisors, and he is vested with the power 'to sue, in the name of the County in the proper court, to enforce .same. Section 2. Additional Powers and Duties. In addition to other powers and duties herein provided, it shall be the.duty of the County Manager, and he shall have the power: (a) To appoint and to remove, subject to the confirmation of :the Board of Supervisors, such County officers, boards and commis- sions as are made appointable or removable by the County Manager, pursuant to the provisions of this Charter. (b) To make recommendations to and requests of the Board of :Supervisors concerning all of the matters and things which, pursuant to the provisions of this Charter, are to be ,performed, done or carried out by said Board upon the recommendation or at the request of the County Manager. (c) To recommend, for adoption by the Board of Supervisors, such measures and ordinances as may to him seem necessary or expedi- ent, and to make such other recommendations to the said Board con cerning the affairs of the County, as may to him seem necessary or expedient.. (d) To prepare and submit to the Board of Supervisors such reports as said Board may require, with respect to the activities of any office or institution which is, or hereafter may be, under the, control, or subject to the direction or supervision, of the County Manager. -9 (e) To keep Mg Board of Supervisors`advid of the financial condition, and of the needs, of the County. (f) To employ, by and with the approval of the Board of Super- visors, experts and consultants to perform work and advise, in con- nection with any of the functions of the County, when economically advantageous. (g) To have charge of the construction and maintenance of all buildings and grounds of the County, and to arrange, by and with the consent of the Board of Supervisors, for adequate facilities for space and equipment necessary or proper in the conduct of any County office or County function. (h) To prepare, or cause to be prepared, within the limits of his jurisdiction, such plans, specifications and detailed drawings, as may become necessary or proper, for work which the Board of Supervisors may order to be done, or for materials or supplies which said Board may order to be furnished. (i) To consult with and make recommendations.to the Board of Supervisors,, with respect to the award of public contracts, within the limits of his jurisdiction, and to see that all contracts made with the County are faithfully performed. (j) To examine such claims against the County as he may be directed from time to time by the Board of Supervisors to examine, and to endorse his approval or disapproval thereon, with his recom- mendation for the allowance or disallowance thereof, prior to action thereon by the Board of Supervisors. (Amended June, 1970) -10- • .• (k) To temporarily transfer, during periods involving an excess of work, deputies or employees, from one County office or department to another County office or department. (1) To devote his entire time to the duties and interests of the County. (m) To perform such other duties as may be lawfully prescribed or required by this Charter, or by ordinance, resolution or order of the Board of Supervisors. Section 3. • Advertising and Exploiting Resources of County. The County Manager shall have plenary power, subject to the provi- sions of general laws, with respect to advertising or exploiting the resources of the County. He shall, ex officio, act as secretary of any County Board of Trade or County Chamber of Commerce created under the provisions of the general laws, and in the event of the disestablishment of any such County Board of Trade or County Chamber of Commerce, he shall perform duties and functions customarily per- forrned by the secretary of such County Board of Trade of Chamber of Commerce. He shall consult with the Board of Supervisors with respect to any appropriations made by the Board of Supervisors for advertising or exploiting such resources. Any appropriation made by said Board of Supervisors shall be upon the" recommendation of the. ;County Manager. Section 4. Limitation in Powers. The County Manager, among -other limitations not herein expressly enumerated, shall not be vested under this Charter with power: (a) To exercise any legislative function. -11- • (b) To expend any sums of money, except in pursuance of appro- priations or authorizations so to do made by the Board of Supervi- sors, or by this Charter. (c) To create or abolish any office or place of employment in the County service. (d) To increase or decrease the salary or emoluments of any officer or employee. (e) To sell or otherwise dispose of, lease or encumber, any real or personal property belonging to the County. (f) To grant, cancel or revoke any franchise. (g) To excercise anypower, authority or control over the Board of Supervisors, or over any elective officer of the County, or over any appointive officer or board, whose appointment is by the provi- sions of this Charter vested in another than himself, except in cases where the power so to do is expressly conferred upon him by this Charter, or by any subsequent amendment thereof, or by a grant of authority by legislative act on the part of the Board of Supervi- sors; provided, however, that the limitations in this section con- tained shall in no sense be construed as preventing or prohibiting the County Manager from making timely recommendations to the Board of Supervisors, or to any elected or appointed officer or board, with respect to a more efficient or economical administration of affairs within the particular office or jurisdiction of such board or such officer; nor shall this section be construed as preventing or prohibiting the Board of Supervisors, in proper cases, from rati- fying, approving, confirming, or validating any action of the County Manager, assumed by him as an emergency measure, if any such there ever should be. -12- Section 5.• Qualifications of Appointees of County Manager. All appointments made by, or under the authority of, the County Manager shall be upon the basis of proven and established• executive and administrative ability on the part of the appointee, and of training and experience in the work necessary to be performed by the appointee in the particular office in which he is to be appointed. ARTICLE VI COUNTY OFFICERS OTHER THAN SUPERVISORS Section 1. Creation of Offices, Boards and Commissions. All offices, boards and commissions -designated in' this Article, except- ing such thereof as are already created and established by the Constitution, or by provisions of the general laws of this state, are hereby created and established together with suchrother offices, boards and commissions as may hereafter be created and established by the Board of Supervisors, .pursuant to the provisions of this Charter. Section 2. Elective County Officers. Elective County officers, other than the members of the Board of Supervisors, shall be an Assessor, a County Clerk, a Controller, a District Attorney, a Sheriff, a Superintendent of Schools, a Coroner, a Recorder, a Tax Collector, and a Treasurer. The Tax Collector shall be ex officio license collector, the Coroner shall be ex officio public administrator. (Amended November, 1972) -13-• CHARTER FOR TALBOT COUNTY, M RYLAND December 1973 .�as.Ja.i.;dl': g17,::Cp'sli•� • . Section 221 Advisory Boards and Commissions As provided for in Section 220 of this Charter, the County Council shall have the power to appoint for desig- nated periods boards and commissions of citizens, repre- senting various interests in the County, to act in on advisory or consultative capacity to the County Council. Each board or commission shall elect its own officers. All members thereof shall serve without pay. ARTICLE III COUNTY MANAGER Section 301 Appointment and Removal of the County Manager (a) The Council shall appoint a County Manager and may remove hire from office at pleasure. Prior to his being removed from office, he shall be given a written statement of reosons and a prompt public hearing if requested. (b) Upon the issuance of a written statement pertain- ing to the removal of the County Manager, the Council shall appoint cn acting manager to perform the duties of the County Munoger until reinstatement or a permanent replacement is employed. No acting manager shall serve for o period greater than six months. Section 302 Qualifications of the County Manager The County Manager shall be appointed on the basis of his education cnd his processional experience in executive and administrative affairs. At the time of his oppoint- ment he need not be a resident of Talbot County, but must reside in Talbot County promptly after his appoint- ment. Section 303 Compensation of the County Manager The County Manager shall receive compensation as pro- vided by law. Section 304 Powers and Duties of the County Manager The County Manager is the chief administrative officer of the County. Under the direction of the Council, the County Manager hos the following powers and duties: (a) He shall direct and supervise the administration of all agencies of the County government, except os other- wise provided by this Charter or by law. (b) He shall, with the approval of the Council, appoint, suspend, or remove the head of each agency of the Coun- ty government except for the County Attorney as provided for in Section 220 of this Charter. During the temporary obsence or disability of the head of an agency of the County government, or if the position becomes vacant, the County Manager shall, with the approval of the Council, moke a temporary appointment to fill the posi- tion. No temporary appointment shall extend for a period longer than six months. (c) He shall see that all laws and provisions of this Charter, subject to enforcement by him or by officers subject to his direction and- supervision, are faithfully executed. (d) He shot! be entitled to attend oll Council meetings, except those concerning his salary or future employment. He shall hove no vote. (e) He shall submit to the Council at the end of the fiscal year a complete report on the finances and admin- istrative activities of the County for the preceding year and prepare and make available for distribution to the public, within three months after the end of each fiscal year, on annual report on County affairs during that fiscal year. (f) He shall keep the Council fully advised os to the financial condition and future needs of the County arid moke such recommendations to the Council concerning the affairs of the County as he deerns desirable. (g) He shall be the Finance Officer, Budget Officer, Personnel Officer, Purchasing Agent, and Central Service.; Officer until otherwise provided for by the Council in occordance with Section 406 of this Charter. With regard to the duties of the Finonce Officer, Article IX, Section 909 (1) applies. (1) As Finance Officer, he is responsible for keeping a system of accounts; controlling o;ppropriations and allot- ments; preparing monthly and onnual financial statements for the Council; auditing, prior to payment, any claims ogoinst the County of whatever kind; depositing, investing and hoving custody of all funds; prescribing accounting systems; preparing for bond soles and advising • on debt management; administering tax safes; collecting and bill- ing for all revenues and receipts due the County and other functions prescribed by law. (2) As Budget Officer, he shall: (o) prepare and submit to the Council oll County budgets, prepared in the manner and form provided in Article VI of this Charter; and (b) study the organization, methods and procedures of each ogency of the County government and submit to the Council periodic reports on their efficiency and economy. (3) As Personnel Officer, he is responsible for the direc- tion and supervision of County personnel and, should the Council deem it desirable, for the administration of a County , personnel low if so adopted. (4) As Purchasing Agent, he is responsible for admin- istration of the central purchasing policies of the County government. (5) As Central Services Officer, he is responsible for making available to the several agencies of the County government duplicating, stenographic, mail, messenger, - 10 — data processing, communications, and, other centrol serv- ices as specified by legislative oct of the Council. (h) He shoil perform other duties prescribed by this Charter, required by the Council, or necessarily implied by the powers and duties herein specified. ARTICLE IV ADMINISTRATIVE ORGANIZATION Section 201 Supervision and Control Except os otherwise provided in this Chorter or in State low, all agencies of the County government are subject to the direction, supervision, and control of the County Monger under the authority of the Council. Section 402 Office of Law (o) The Office of Law shall be administered by the County Attorney under the direct authority of the Council. Prior to his appointment, he shall be a resident of the County for of least two years, a member in good standing of the Bar of the Maryland Court of Appeals, and actively engaged in the general practice of his profession in the State of Morylond fcr at least five years. (b) The County Attorney is the chief legol officer of the County, conducts all the low business of the County and is the legal advisor and legislative draftsman for the Council. He shall represent the County in all legol action in which the County is a party. Except as otherwise pro- vided in State low, or with prior written approval of the Council, no agency of the County government, except the County Board of Appeals, has my authority cr power to employ or retain any legal counsel other than the County Attorney. (c) The Council may employ special legal counsel to work on problems of extraordinary nature when the work to be done is of a character or magnitude requiring services in addition to those regularly provided by the Office of Low. (d) Neither the County Attorney nor any assistant in the Office of Low may, while holding office, practice as on ottorney before the Council or any ogency of the County government in any capacity other than representing the County's interests, Section 403 Office of Planning (o) The Office of Planning shall be administered by the County Planning Officer. He shall be a troincd planner with wide and varied experience in the fields of planning and zoning. At the time of his appointment, he need not be o resident of Talbot County, but must reside in Talbot County promptly after his oppointment. (b) The County Planning Officer has the continuing responsibility and duty of planning for the physical de- velopment ond growth of the County, including recom- - 11 — 'Four Arrd The For R �+ Mc tlak 0 VIZ (11Int 3y CYNTHIA D. WRIGHT and - J. DEVEREUX WEEKS Institute of Government . University of Georgia Over the past 25 years, the number of Georgia counties utilizing the ser- vices of a county manager/administra- tor has increased from a handful to over 30. The employment of a county manager/administrator grows in popu- larity as government increases in com- plexity. This is predicated on the as- sumption that an administrator. expe- rienced in business, labor and financial matters, not only brings professional- ism tothe day-to-day management of government, but better effectuates the American principle of separation of executive and legislative functions. The classical strong manager plan is not in use in Georgia, but it provides an appointed manager with broad power and considerable independence to supervise daily administration of county government. Typically a strong manager plan has: 1. appointment based on professional qualifications for an indefinite term and removal by the county governing authority; 2. sole re- sponsibility for preparation, presenta- tion and administration of the budget: 3. authority for hiring and firing coun- ty administrative personnel except those who must be appointed by elec- tive officers and independent boards; 4. direct control and supervision over department heads administratively re- sponsible to the manager; 5. authority to purchase county equipment and sup- plies; 6, authority to pay county ex - 16 penscs; 7. authority to enter into con- tracts; 8. managerial responsibility for overall county operations; and 9. direct r' '--onsihility for policy foi•'iinilation ® implementation. In the strong manager plan, the county governing authority is strictly a legislative body controlling county ad- ministration primarily' by its power to appoint and remove the manager. Thus, the strong manager not only exercises wide administrative powers but even takes policy initiatives. No counties in Georgia operate under the truly classical strong manager plan, and the scope of powers. duties and title of the manager/administrator vary from county to county. Alternative Methods Counties which consider creating the office of manager/administrator should be aware of alternative sources of au- thority for establishing the office and the benefits and legal implications of each. They are by 1922 or 1974 general statutes; by local legislation; by gov- erning authority under home rule; and COUNTY POSITION - TITLE HOW CREATED Bibb Executive Officer Ga. Laws 1933, p. 407 Burke County Administrator Local Ordinance Catoosa Chatham County Administrator Ga. Laws 1967, p. 2215 County Administrator— Action by Board duties as prescribed by board. Clarke Clayton County Administrator Ga. Laws 1973, p. 2478 Administrator - Comptroller Ga. Laws 1969, p. 3097 Colquitt County Administrator Ga. Laws 1974, p. 3082 Cobb Cook Executive Assistant Ga. Laws 1968. p. 3583 County Manager Ga. Laws 1947, p .1223 Cowe t a DeKgth County Administrator Local Ordinance Executive Assistant Ga. Laws 1956, p. 3250 Dougherty Floud Forsyth County Administrator Ga. Laws 1975, p. 2651 County Manager Action by Board County Administrator Ga. Laws 1972, p. 2067 Fulton Glynn County Manager Ga. Laws 1947, p. 100; Ga. Laws 1961, p. 3012; Ga. Laws 1970, p. 24. County Administrator Local Ordinance Gordon County Administrator Cia. Laws 1975, p. 2723 Gwinnett Hall Executive Assistant County Administrator Ga. Laws 1968, p. 2011 Local Ordinance Harris County Manager (position not activated) Ga. Laws 1972, p. 3471 Jones County Administrator Ga. i.aws 1974, p. 2165 GEORGIA COUNTY GOVERNMENT MAGAZINE COUNTY Y 1'OSITIOf "FIE 1IOW CREATED Lowndes County Administrator Ga. La'.vs 1975, p. 2565 Monroe Colunmbus- ntuscogee County Administrator Local Ordinance County Manager, Ga. Laws Extra Ord.. nominated by Mayor Sess. 1971, p. 2038 confirmed by 6 councilmen; removed by 7 councilmen Paulding Comptroller Ga. Laws 1975, p. 2930 Polk Superintendent of Local Ordinance County Works [equivalent to County Administrator] Rockdale Spaulding Executive Assistant Ga. Laws 1966, p. 2045 County Administrator Ga. Laws 1975 , p. 3022 Stephens County Administrator Local Ordinance Troup Upson County Manager County Administrator Local ordinance relying on home -rule authority. I.()ca1 Ord TiOrdinance Walker Administrative Assistant Action by Sole Commissioner Wayne County ?Manager Ga. Laws 1962, p. 1 1 18 [Constitutional Amendment] Whitfield County Administrator Ga. Laws 1964, p. 2183 established office of comptroller; Ga. Laws 1971, p. 2439 changed name to administrator by local constitutional amendment. ® These alternatives may represent an implicit recognition of the need for flexibility in the office. Also, since the powers of county hoards of commis- sioners vary considerably, it seems im- perative that the office be flexible in its creation and operation. By General Law County manager government by general law was first authorized in 1922. When approved by county voters, this establishes the office of county manager and fixes the number Ot commissioners necessary to compose a hoard, their terms of office and man- ner of election. Under this form of government. the manager is to have charge of all the business matters of the county; ap- point, with advice and consent of the board. and supervise officers and la- borers over whom the board has juris- diction and discharge same, subject to (Continued on next page) Steel Workers Since 1896 L'i r tlien3 tj MC51iiufach rens of Dump 3odaes and Gavfouge Coatainelrs 547-6561 WRENS, GEOR A GCGM, April, 1978 17 Established 1865 113 Years Continuous Service Paid Circulation 9,000 THE NEWNAN TIMES -NERAL Publishes Every Thursday 16 Jefferson St. P. 0. Box 1052 Newnan, Georgia 30263 Tel. 253-1576 Manufacturers of WATER STORAGE TANKS Tel. 404/253-2600 Newnan, Georgia "l1ANAGER, coned. tppeal to the board; be chief purchas- ing and selling agent for all machinery, materials and supplies used in the con- struction or repair of buildings, roads, or bridges, subject to ratification by the board; and do every other act or thing necessary or proper in the discharge of his duties as a county manager, subject to the general supervision of the board. • The act states that this law "shall not prevent any county from having a county commissioner's form of govern- ment by local act ... provided such local act shall not provide a county manager, form of government for such county." Although the act purports to require uniform county manager gov- ernment, such would seem to be of no force in light of the broad constitu- tional exception to uniformity with re- gard to defining the powers of county commissioners. Thus, county manager government by local legislation should be upheld by the courts. At this time, no counties with a manager are known to operate; under the statute. The reasons for this arc unclear. it could be that because the statute rigidly prescribes the manager's powers and duties. administrative flex- ibility is hindered or prevented. it could also he that county commission- ers are more accustomed 10 resorting to local legislation than to general law for authority. Tn 1974, the General Assembly passed another general law which au- thorized a manager in counties of 400.- ti00 population or less. The act states 1: ftlhe hoard of commissioners of any county of the state or the General Assembly may create in and for those counties in which it deems necessary or advisable the office of COMPLIMENTS S OF ruf"C u 18 • GEORGIA COUNTY GOVERNMENT MAGAZINE • "county manager and vest in office powers, duties and resp - hilifics of an administrative t The qualification, method of selec- tion, appointment, compensation. tenure and such other related plat- ters pertaining to the office of county manager shall be provided for. by the board of commissioners of any coun- ty of the state. The act may raise more questions than it answers. One thing it docs seem to do, though, is authorize creation of the office by ordinance or resolution of the hoard. As to questions raised, one concerns the effect, if any, it has on the 1922 statute. Although the 197.4 law does not , purport to repeal the earlier statute, there are several incon- sistencies. The 1974 law appears to be a far broader grant of authority to the board of commissioners to fashion the duties and powers of the manager. Un- like the 1922 statute which defines the responsibilities of the manager, the 1974 act authorizes the board or the General Assembly, without voter ap- proval, to create the office of manager and vest it with powers and duties of an administrative nature. A major question with this seemingly broad grant of power, however, is what the words "administrative nature" mean, for they might be interpreted to mean anything from clerk -like ministerial tasks to highly discrction;lry_ duties. Reconciling the two statutes, as well as determining how much authority may be given the manager under the 1974 law would be the job of the courts. and they might limit the permissible scope of the duties of "an administrative na- ture" to those found in the 1922 statute. By Local 1_egislot<ion Creating the office of county man- ager/administrator by local act is a 'common alternative. This -approach provides fora chief administrative otli- Cer Whose powers and duties are tai- lored tothe needs of the county. The exact form the office assumes depends on the local act, and often only remote- ly approaches the county manager en- visioned by the 1922 general statute. For example. Cook County has local legislation giving the board of commis- sioners great latitude in establishing the office of county manager, as follows: The said Board of Commissioners of Roads and Revenues shall have the (Continued our next page) GCGM, April, 1978 • WHOLESALE HARDWARE NEWNAN, GEORGIA BRANAN TRACTOR SERVICE CO. SERVICING HEAVY ROAD BUILDING AND EARTH MOVING EQUIPMENT PORTABLE WELDING ---PORTABLE TRACK PRESS 4560 Pio Nono Ave. 788-572.9 MACON, GEORGA u airs^ r,7 �s^u c :a7 �A U:M=7 1 5::.L ?s ..r� '1 ". ,, � ..�,],(.-_ i n'.J'aQAE 4. lii. 1,t ti:`li..i:3 11 c• r &G:Sf""r�`�„["dte5,a.::Z/t{,.Erd.3.iA".��.,TTr'I e7:',�.6'GI :..a7i.� •• 19 • PON 'a&C-CADDLLAC • Sales * Service * Parts * Leasing 6 ew & Used Complete ShoBodyp h p Dial 253-0446 Atlanta Number 688-4998 37 LAGRANGE ST. Newnan, Georgia MANAGER. cont'(I. power and authority to elect a coun- ty manager for said county whose duties shall be such as prescribed by the Board of Commissioners o[ Roads and Revenues to whom he shall be directly subject and respon- sible. Said manager shall hold office for such time as the Board of Com- missioners of Roads and Revenues may determine and shall receive such compensation for his services as may- he provided by said Board of Commissioners. STATE a COUNT O flOOAII$ Where Do You Get— ▪ Prime Deur,town Location (5 minutes from the Capitol compiex) • Free Parking (six decks) O Excellent Southern Cooking And o Government Rates jl 1 { \�l tri `• ;i Gest CALL. JODI For All Your Guest and Meeting Roorn Needs. 404/659-2660 Whitfield County demonstrates the • - elcrsity a county manager/adminis- ator can assume via local legislation. A local act provides for a county ad- ministrator possessing far more limited power than a county manager enjoys under the 1922 framework. Their ad- ministrator is basically an accountant and purchasing agent. This approach may prove useful as an interim solu- tion, for it enables a reluctant county gradually to accept the idea of a non- elected chief administrative officer. Recent local legislation approaches the concept of a manager/administra- tor in the classical strong manager plan. For example, a local act passed for Lowndes County creates the office of county manager who serves at the pleasure of the board of commission- ers, prepares the budget. appoints and removes most county personnel previ- ously hired and discharged by the board, executes laws and ordinances, supervises and regulates county pur- chases. Dougherty County, also under the authority of a local act. employs .a county administrator who is to execute laws and ordinances, prepare and exe- cute the budget, he chief purchasing agent, appoint and remove most coun- ty personnel for whom the board of commissioners is responsible. Under Home t';.ule it would appear that the county home rule provision of the constitution authorizes the board of commissioners to create the office of county manager/ administrator and define its powers. Since the 1974 population statute grants county commissioners the power to set up the office of manager, reliance on home rule may not he necessary, nonetheless, home rule docs provide authority for establishing the office. County honk rule empowers the CONGRATULATIONS TO OUR FRIEND LEROY JOHNSON, PRESIDENT 1977-1978 ASSOCIATION COUNTY COMMISSIONERS OF GEORGIA FOR OUTSTANDING SERVICE TO COWETA COUNTY AND GEORGIA 0,1 41 DaCM S. IT ... F. 3Ia 54 , tr t.ts.1a:i J lc E kF i Distributor of AMOCO PRODUCTS 964-6125 Fairburn, Gcae;gak !tits dIfigeLAN Fir:. tr•t� fit, rea' .20 , GEORGIA COUNTY GOVERNMENT MAGAZINE • ci)unty board of commissioners "adopt clearly reasonable ordinan • resolutions or regulations relating to� property, affairs and local govern- ment." It also permits the commission- ers to amend or repeal, by resolution or ordinance, local county legislation applicable to the board, except for cer- tain matters within the exclusive con- trol of the General Assembly. 'rwo of those excluded matters not to be acted on by the board arc action affecting any elective county office or its salaries or personnel, except personnel subject to the jurisdiction of the county com- missioners; and action • affecting the Composition, form, procedure for elec- tion or appointment, compensation. and expenses of county commissioners. Finally, home rule authorizes county commissioners to fix salary, compenL cation and expenses of those employed by it and. to establish and maintain retirement or pension systems. insur- ance, workmen's compensation and hospitalization benefits for these em- ployees. While home rule appears generally to authorize boards of county commis- sioners to establish the office of man- ager/administrator, some provisions raise doubts about this power. Lan- guage seeming to support such action is that authorizing the enactment of ordinances or resolutions relating to property, affairs and local government, the 'provision permitting the amend- ment of much local county legislation applicable to the board, and the last clause in the first exclusion concerning personnel subject to board jurisdiction. Language raising doubts can be found in the two exclusions. In the first, it is not clear whether the creation of such an office would he action "affect- ing" any elective county office or its salaries or personnel. The issue raised by the second exclusion is whether such an office would change the "form" of the hoard of county commissioners. In addition. the power lodged in the coun- ty commissioners to fix salaries and expenses of its employees might be seen as a limitation. There are few court opinions on this matter, and most offer 'little help. A recent Georgia Supreme Court case, however, seems to indicate support for board of commissioners action under (Continued on next pare) GCGM, April, 1978 LINDSEY'S t11C. REALTORS "HOMES - BUSINESSES - LOTS FARMS - LEASES • RENTALS PROPERTY MANAGEMENT REALTOR® Lindsey H. Borron; Broker 12 Jackson St. Tel. 253-6990 NEWNAN, GEORGIA `Atlanta Phone 522-6577 Cowen a insurance Agency REPRESENTING COWETA MUTUAL COTTON STATES MUTUAL o FIRE o AUTO a LIFE OWNERS MRS. HAZEL L. HERRING MARY JOHN THOMAS Tel. 253-2055 101/2 Greenville St. NEWNAN, GEORGIA GEORGIA CULVERT, 1 C.. PRODUCERS OF o CORRUGATED STEEL PIPE o GUARD RAILS o METAL STUDS 205/884-3460 P. O. Box C Pell City, A1a.35125 21 • HAMM C. ARNALL INSURANCE REAL ESTATE -- 25 Greenville St-. Newnan, Georgic 253-0616 253-0640 • fr5/7.,:.:. f. .. r•.39N1ON TIRE COMPANY, INC. iS s QUALITY RECAPPING NEW AND USED TIRES T r BEAR FRONT END ALIGNMENT 26 Spence Avenue Telephone 253-4608 Newnan, Georgia DOUGLAS & LOMASON COMPANY Manufacturers of AUTOMOBILE TRIM AND METAL SPECIALTIES PLANT NO. 3 Newnan, Georgia Tel. 404/253-0897 OUR SINCERE THANKS FOR A JOB WELL DONE LEROY H. JOHNSON, AS PRESIDENT THIS PAST YEAR OF THE COUNTY COMMISSIONERS OF GEORGIA FROM FRIENDS AT HOLIDAY INN NEWNAN, GEORGIA NAG ER, coned. ®ne rule. In this case, the board, by passing ordinances amending a local legislative act, considerably diminished the power of the chairman and in- creased that of the hoard regarding em- ployment and discharge of non -merit system employees subject to board con- trol. The chairman argued that the board lacked the authority to amend this local act of the General Asscnibly and that such action drastically altered the county's form of government. The court ruled that this action affecting personnel subject to the jurisdiction of the county commissioners was per- mitted under hone rule and that the ordinances did not change the form of government. From this, the conclusion could he made that because a county manager is not an elected official and is subject to the jurisdiction of the county gov- erning authority, action establishing the office and defining its powers by home rule ordinance would appear to be constitutionally permissible, and would not bring about a change in the "form" of government. County manager government via home rule avoids securing passage of local legislation or ratifying a local amendment. It also avoids the rigid county manager form of government prescribed in the 1922 law. The very ease and flexibility in creating the of- fice, though. may be the bigtest liabil- ity in the eyes of a professional county manager/administrator. For just as easily as the office may be created and defined by home rule, it may also be abolished or limited. By Constitutional Amendment Establishing the office of county manager/administrator by local con - WE CARE ... WE'RE CONSUMER -OWNED Community Owned , Cor ,mums, Built, Com unity Builder Coweta-Fayette Electric Membership Corporation has been serving the people of Coweta and Fayette Counties for the past 30 years and pledges to continue to provide the best possible service at the lowest possible cost. We stand ready to provide any new or existing members with whatever power requirements they may need ... large or small. COU it S C�ESA- A A n71 E / �v. Ft1 E W C Id {:t •9SJ4 JIp CORP© `T[i P. 0. Box 488/Newman, Georgia 30264/Phone (404) 253-5626 ABERDEEN SHOPPING VILLAGE, PEACHTREE CITY, GEORGIA 487-7663 • 22 GEORGIA COUNTY GOVERNMENT MAGAZINE • sritutional amendment is the • th, final and safest alternative. Thi. od, although requiring voter ratifica- tion, avoids problems encountered un- der the other alternatives. It eliminates conflicts between general and local acts of the General Assembly, questions raised by general legislation; and issues concerning the extent of authority granted by home rule. This is because local constitutional amendments are on an equal standing with other pro-. visions of the Georgia Constitution and take precedence over statutes. A local amendment can create prob- lems if not properly drafted. If too detailed, it prohibits flexibility, and if it grants too much power to the county commissioners to create the office and define its powers, it is subject to the same criticism nnadc in the county home rule discussion. \Vayne County established the office of county ad- ministrator by local amendment. it provides that this office shall appoint and remove most county personnel previously hired and discharged by the county commissioners, fix such em- ployees' salaries, prepare and submit the annual budget, and be county pur- chasing agent. In 1966, Gwinnett County attempted a local amendment providing for the office of county manager, which failed for lack of ratification. The duties of this office would have been similar to those of the Wayne County administra- tor. Gwinnett Tater accomplished. vir- tually the same thing by local legisla- tion creating the post of administrative assistant. Each method of creation involves problems. The 1922 statute is a rigid prescription for county manager sov- crnmcnt. The 1974 statute ambigu- ously empowers the board or the legis- lature. to vest a manager with duties of an "administrative nature." The ef- fect of the 1974 act on the 1922 law is unclear. Moreover, the office of man:- ager an-ager established pursuant to home rule power is subject to the uncertainties always encountered when proceeding under this authority. Local constitu- tional amendment, while a safe ap- proach, requires ratification. A county desiring a manager/ad- ministrator should carefully evaluate the benefits and implications of each approach 'and choose the method it be- lieves would hest enable it to cope with its service demands. lei GCGM, April, 1978 •., Congratulations 'LEI OY 1-P. JOHNSON • for An Outstanding Year as President 1977-1973 Association County Commissioners of Georgia City of "The City With A Heart" Incorporated in 1868 • PAUL F. MUSICK, Mayor Council Members Jerry M. Plant H. E. Massengale Lonnie M c C a m b ry M. G. Watts C?. V'+Jeyen a n Jenkins, Csty Clerk Mrs. J. W. Robertson, Asst. Clerk Harry Smith, Chief of Police (404) 583-2239' P.O. Box 126 Grantvilk, fes. 30220 We Welcome Mew Industry o Industaicsl Sites Available with all Utilities (Natural Gas) City Owned ® Rail and Interstate Highway Transportation m Forty Five Minutes From Atlanta International Airport © -Recreation its all Sports ---Fishing iru Nationally known WEST ' PfINT LAKE . 23 N• i r ky�? rar ger 4i j o Enacted as Minnesota Statutes b r aituc2 t4 in ntitit/ I d '1'1inns Does Coun No FIRST: To change the number of elective county commissioners to three - five - seven - or nine. SECOND: To change the status of elective county officers: a. By making any or all of the following elective county offices appointive Auditor Treasurer Register of Deeds Sheriff b. To consolidate the offices of County Auditor and County Treasurer as either an appointive or elective position. c. To appoint a County Counsel to handle civil legal work for the county while the elective County Attorney handles all criminal legal matters. THIRD: To change the organizational form of county government by adopting one of the following Plans: EXECUTIVE PLAN AT -LARGE CHAIRMAN PLAN COUNT'( MANAGER PLAN COUNTY ADI4I II I STRATOR PLAN COUNTY AUDITOR -ADMINISTRATOR PLAN Laws 1973 Chapter t�� e Op lonati Forms ot I anesota County G vernrnent W©;b May Be Adopted by •ouendum EXISTING COUNTY FORM VOTERS elect r�- R 1 COUNTY BOARD COUNTY OFFICERS COUNTY BOARD COUNTY OFFICERS administers. . Auditor appoints . Auditor• other county . Treasurer 1 . Treasurer departments , Register of Administrator . Register of . Deeds .�j, Deeds Sheriff administers . Sheriff . Attorney other depart- . Attorney ments 1 ADMINISTRATOR PLAN . . VOTERS elect 2 AU9 ETOF ADMIMSTRATOR VOTERS elect COUNT V MAPIAC E .R PL A VOTERS elect COUNTY BOARD AUDITOR OTHER COUNTY COUNTY COUNTY COUNTY ADMIN[ TRATOR OFFICERS SHERIFF BOARD ATTORNEY administers other county departments Treasurer 1 Register of Deeds COUNTY MANAGER • Sheriff JV1. • Attorney administers County Departments' appoint * Offices of Auditor - Treasurer &- Register of Deeds abolished, 4 ELECTED 'XEC JTIVEE PLAN 5 AT LARGE CHAIRMAN VOTERS elect VOTERS, elect COUNTY COUNTY COUNTY COUNTY COUNTY BOARD COUNT OFF I Cr RS BOARD EX „S{J I VE SHERIFF ATTORNEY administers county departments * Offices of.,Aud i tor, Treasurer and Register of Deeds abolished, chairman elected . Auditor at 1 arge 4-6 . Treasurer members elected by , Register of and from districts Deeds ▪ Sheriff . Attorney administers other county departments i Welfare Board Welfare Depart Administrator Pkil, VOTERS elect r n: w zac acs z:mn M% .. r�r Aisr : a �`�. '^rt .'�y *rT"^' .7.47'1^,,.` i F-' 'rb J'7i,%71 1' 1 7A`rr. ,r1,7 ,1 'r 9 r.Y ) k i Lttoney u;;„_.., y ;';', . Auditor?t:1 F Sheriff r. COUNTY BOARD apioint n COUNIl ADMINISTRATOR) administers OTHER COUNTY DEPARTMENTS provides coordination and unification of management FEATURES OF PLAN Register of 1. The County Board may establish the position of County Adm;nistrator and select an individual solely on the basis of his training, experience, and administrative qualifications. (This can be done in counties not operating under the elected executive, county manager, or auditor admin- istrator form.) The Administrator will he appointed for an indefinite period and may be removed by the County Board at any tirr•,e providing that after one year of service, the Administrator may demand written charges and a public hearing on his dismissal.:Ari elected county officer or appointed county employee must resign his current position before assuming the duties of County Administrator. 2 The Administrator shall be the administrative head of the county and responsible for administration of affairs of the county placed in his charge. He shall exercise general supervision over all county instit- utions and agencies and with the approval of the County Board, he shall coordinate the various activities of the county and unify the management and the budget of the county. If required by the County Board, he may serve as head of a department if he is so qualified. 3. The Administrator shall exercise the personnel responsibility of the County Board prescribed by general law and may make appointments to other offices, committees and hoards as directed by the County Board. 14. The Administrator attends all meetings of the County Board and recomm- ends measures for adoption as he deems advisable.. 5. The Administrator may examine the books and reports of officers and departments as directed by the County Board. rrx 6. In contrast to the Executive Secretary to the County Board, an adminis- trator's duties are prescribed by statute ..:Lrduit.P.r: tEk;i w: ELCW:211.:._..9+WSJ'T.,.t"+'3MS:.S.:r,...CT a.1ifatirzr 4. iiMtY.ii"..Nmacina SiwtL a.'C,:.';::,,,Yh'?.L".CS:7s1.03:.741rit a 'ALT::ITS'A!MigifiiVO iTYS:;£i.1 AMV.S.".3':d,'Wor 5' M;..j •ditor -Administrator.? VOTERS p ,r,�R S elect 751 p"MMWTM 'VFW' /COUNTY Welfare; , BOARD Board ? Wei fare Depart.; AUD i TOR ADMINISTRATOR %,,mimmmomuariwommt 112441; ;freasurer of ' Deeds administers OTHER COUNTY DEPARTMENTS and provides coordination and unification of management FEATURES OF PLAN O Regis .t,7 1. The Auditor -Administrator plan can be adopted in any county which has not provided for the appointment of the County Auditor and has not combined the offices of Auditor and Treasurer. The Auditor -Administrator plan is mutually exclusive with the County Manager, Elected Executive, and At Large Chairman plans. 2. Under this plan, the elected County Auditor shall also serve as County Administrator and assume all duties and responsibilities prescribed to the Administrator under the County Options Act including the preparation of an annual budget and a long range capital expenditure program. 3. The Auditor continues to perform all duties of a County Auditor except that his duties in the computation of taxes, delinquent taxes, and receipt and disbursement of moneys is transferred to the County Treasurer. k. In subsequent elections, following the adoption of this plan-, the voters shall elect the officer, Auditor -Administrator. :ere_-meroru,rosr.*,eronv.v:u++aIROcIRzrd[Ym tr:•Mir`AV,VI$71...7.fi ra,/e^L°:.'.ti<S'M;':Tit+'nrST.f.t0131Ct Arun lu. mannak—It .�rfxrz aY:artm,—; 0U nty Manager ®dc4f frimmoumwenntraatmcsnrImasarraramintzr VOTERS cl t r,L irLCIfi_E.r" 71715 y 1a 17"t L i- dsrl-x2i4}fr . U.'''. COUNTY BOARD) ------../ 7 tellart.td=711Militill=n7Calia =131., 1..st.°?s",t2.1Mi.e+ iivP i:i2fw'S- ,Y COUNTY i II ATTORNEY t1 for crirninallt omatters on l ��Et •sled ►Jistir.:<. .z.. w.,iJ appoint. (::,COUiJTY • MANAGER oo' administers v ;t3.'arii"$s.r-' 1 wi w =.mzer:!e:amt Soman.' @?zwr+a oavmme .: gomaamY su t• •�.�ieE.iC.+t COUNTY DEPARTMENTS -. including the functions of the offices of Auditor, Treasurer, and Register° of Deeds which are abolished under this plan. If the voters approve the options of a County Counsel or an appointive Sheriff, appointments lwould be made by the Manager. i?.f.am€t* :rkr -71TEM L�1£4IUV 7:�'.iTii'<Shifts`.:1T.' :.E•L?ILSIE5.:F ITMEti-'T -r cr.ml;s--„ FEATURES OF PLAN iII timmmu., .SL'l`.its 7.r... i COUNTY 6x SHERIFF, unless made 1 ap po Intl ve iposition by klvoters fil 1 1. County Manager is appointed by the County Board for an indefinite time solely on the basis of his training, experience and administrative qualifications; He may be removed from office at any time by the County Board, but after one year of service, he may demand written charges and a public hearing. 7., The offices of Auditor, Treasurer and Register of Deeds are abolished while the offices of Corcnor and Surveyor are made appointive. 3. No county administrative 'boards can be created by the Board except for activities jointly administered with another jurisdiction. Advisory committees to the County Board and the County manager may be established. 4. The County Manager performs all duties of an administrative or exec- utive nature vested in or inr) G�osed upon the County Board. By resol- R ution of tl,c County Board the tanager may also serve as the head of any department for which he is qualified. IF 5. The Manager exercises the personnel responsibilities of the County Board. ti� 6. The Manager attends ail County Board meetings with the right to take 5 part in all discussions hut not to vote. M 7. The Manager prepares and submits to t:hc Board an annual budget and a five - year capital improvement program. S. The County Board shall control •the administration of the county through the Manager. le,iii'S•WrZlratCALI P.Al i:."' `v^t CSL'ti:•L: VAU.:LASIISZ :IV.,u?iFt :d `Y'C?'.aTil• urVilL"VIZA ):7C SN: : eats3urmm:Aa a treurne=lazatt!'g:.rJ:':7'E:1'a ELlitZall .. att,MEX:12:1; ". .i 1 Executive F h�mP..ia�cu b -a.. Vil'�Tm sr�'� >a Amuultt9H elect ,r uis:�"�'< .,. SLF.k: halt t 1. n T a.:,,,/,,,4i i• 'Ate; tlanwmuncrimmmxml COUNTY c7 ATTORNEY for criminal A natters only lif County Counsel) opSion chosen 11 Yf 77:;2 a""yu" in a'C COUNTY TIVEF;. administers ..;,?r7?r - 3'".''r r r 17 COUNTY ` couuPr ;; BOARD SHERIFF t." COUNTY DEPARTMENTS `vmtimuzi :1 ifr4 S.T.`+30!'' :' �„. sssatamitzt= 14w'�'`...:.Y�t'u:R?.sa 'mmmz, includes the functions of the Auditor, Treasurer, and Register of Deeds whose offices are abolished under this plan. If the voters approve the options of a County Counsel or an appointive Sheriff, appointments will be made by the Executive. FEATURES OF PLAN unless appointive: 1. Executive elected for 4 year term - is elected at the general election following the adoption of the elected executive plan. The Executive shall employ an Administrative Assistant. 2. The offices of Auditor. Treasurer and Register of Deeds are abolished while the offices of Surveyor and Coronor are made appointive. 3. The Executive performs all duties of an administrative nature vested in or imposed on the County Board and such additional duties as are granted or imposed by the County Board. By resolution of the County Board, the Executive may also serve as the head of any department for which he possesses the qualifications. 4. The Executive can veto any ordinance or resolution adopted by the County Board - a veto can be overridden by 2/3 vote of County Board. 5. The Executive prepares annual budget and five - year capital improve- ment budget for submission to County Board. 6. The Executive exercises personnel responsibilities of County Board. 7. No county administrative Loards can be appointed except for activities jointly administered with another jurisdiction. Advisory comnittees to the County Board and the Elected Executive may be established. mm :brimru ; ziva y.:,:m: .?a7.12'.'.`uGF.i'ar`-°`'S">g,ZVAIS.'UMIZAA;i4^SrY�.s;.i!1f,ir,F: .1iL1"StIITMZ'ER24.3«:1* i[i illiaT:7atC 7211'47....rti Sar.M...19,1.i0 ti At• Large Chairman VOTERS 77. COUNTY BOARD CHAIRMAN e ect s:,�a,•s:�sm �,r. 4 or 6 members elected a i,elected by and large Lfrom districts sss ' Nx Administer OTHER COUNTY .DEPARTMENTS ATTORNEY SHERIFF' ra-:;:Crz-Fmetscsraceiraarecar FEATURES OF PLAN c rs`czsx:�' TREASUREF. REGISTER OF DEED AUDITOR 1. The At -Large Chairman is nominated and elected by all the voters of the county separate and apart from other members of the board. The County Board must contain either five or seven members.(including the chairman). 2. Upon adoption of this plan, the county shall be redistricted to reflect the change in the number of commissioners on the board who are elected by district. The first At -Large Chairman shall be elected at the general election following adoption of the plan. 3. The chairman is amember of the Board in all other respects than being elected by all voters in the county. 4, The At -Large Chairman Plan is mutually exclusive with the Elected Executive-, Plan and the County Manager Plan and a county may not adopt the Auditor- r Administrator Plan while operating under the At -Large Chairman Plan. A �I county may adopt the At -Large Chairman flan and the County Administrator` Plan either concurrently or while the other plan is in force. 5. There is no change in the statutory duties of the Chairman. The At -Large Chairman will be able to provide direct attention to county wide problems. lie will likely be viewed as similar to the mayor of a city. 1:ffiP-^TtEnt;''.-gi'+:°iMMUSIE ^+"- '+iM G:SMITIMILIEEER2.." ItlariTZVi9.ERTIBIPXS3i'S1dME1.PAi47`-'$T�,M=CIMflat znay.,y'gm Implement on of OPTIONAL SORMS ACT Step 1 REQUEST TO CREATE A COUNTY GOVERNMENT STUDY COMMITTEE by a. by resolution of the County Board or b. a petition of 5% of the electors .voting at the last previous election for governor , ..t. .,.. Step4 REFERENDUM BY REGISTERED VOTERS OF COUNTY ON ONE • OR MORE COUNTY OPTIONS r= 5 t Step 2 SENIOR COUNTY JUDGE OR CHIEF JUDGE OF JUDICIAL DISTRICT (if no county Judge) appoints COUNTY GOVERNMENT STUDY COMMISSION appointed for 1 year period -- can be ex- tended by judge - membership must consist of a. a non -commissioner from each county commissioner district b. Three county commiss- ioners c. Two elected county officers d. other persons to make up a commission of no more than 15 Step 3 COMMISSION REPORTS (not later than 1 year or at the end of an extended' period) - If report recommends that one or more options be adopted in the county - then -a referendum is required. If no recommendation is made in study commission- report - then a referendum may be called by A resolution of the County Board 21 A petition of 5% of the elect- ors voting at the last eiectiori for Governor. ^ :itITIt ar2t. ^sra Cneil asp 72sa.A.MGY s arrOMs ITS. Fe lii7aa _e n*srx uaVa ^e > - IIIM x 1121Tra demosuiroonasvanuftwastawmpowtaarsoaefidmat ® w «n tt %n.ecra:.sa. m2014r111,12tAM • *!:k •;7 • ';.);.;.'..?'-` '''' • • • • t - " , • 1,; 375A..03 OPTIONAL FORMS OF COI .INry cili.ria2.NEVEENT form all the duties of an administrative or executive nature vested in or imposed upon the board of comity commissioners by law or by an.roement with any inunicioality or other subdivision of government and such ad•Jitiooai powers as are g,Tanteti or im- posed by the board. The county executive shall be tespcinsible for the proper adminis- tration of the tiffthe county placed in his ,.Intrge. By resolution of the county board he my servo ;s the head of any county department created by law or estab- lishEA by the board provided he has the quaWic.,-niorn; required by law. His rs:-spunsibil- ities shall include, hut are not limited to, the followniqt (a) Ap.point anaitratriitrative assist -rat who shall be qualified by education and trainitif, iri govenimental r.,r business adininistration and who will be respoo3ible ?.) the executive for the orderly and efficient operoti...,n and coordination of the vnoioLis departments of county government; (b) Appoint and hire qualified st.off to an,t.ist the exer.utive; (c) Provide for the execution of all ordinances and resolutions of the board and ail laws of the state subject to enforcement by him or by officers who are under his direction and supervision; (d) Exercise a.11 authority of the board of covulty commissioners to appoint, sus- pend, and remove all county personnel whose appointment, suspension., or removal was a function of the county board under general make such nominations and appointments to additional,ortices as the county hoard rn..ay determine ,ind malie ap- pointments to such advisory hoards and cornriurtens as the executive may create; (e) Provide for all county purchases including purchases of services pursuantto purchasing regulations established by the county board, but county purchasing ser- vices may he made available for use by other counties and governmental sulxlivisions; (f) Prepare and submit, if dire.ed by the. board to do so, an administrative code incorporating the detai!s of achninistradve procedure for the operation of the county and from time to ',line sum,ont amendments to such coel.e; (g) Attend any meetings of the board of county corimissionerf.:„ with the right to take part in any discussion, bor. nut to vote; and may recommend to the board such action as he dt,eins adviitable; and (h) Pr(omre and submit to the county board an arnual budget and a long-range capital expenditure prowani covering a period not less than the five e.nsoing year.; each of which shall include detailed estimates of revenue and expenditures wail en- force the provisions of the budget when adopted by the county board. Subd. 4. .1/4'(na power. The county executive shall have the power to veto any or- dinance or resolution adopted by the board of ;•.ourny cCrturnissiorzerr. 't veto by the county extoutive may aopiy to all or any itnuis of ail ordinance or rosclotion appropri- ating money. CenS.fic..ation of a veto must be rnnde by the executive within or.:n days of the adoption of the oniinance or resolution b', the. county board a.nd•the county bi,...)ard may override the veto by a mit-thirds %an of all its members. An ont.tinanci: or re,zolu- tion shall become effective upon approval by ihe county exe::itive, the expiration of ten days Niter the adoption of the ordinance or rosointion wi:hout approwO or veto, o: LK, overriding of a veto. Subd. 5. Claalrman elected by the bnad.. The ‘:otinty lxaid shall elect frern its numbers a chairman of the hoard who shod preside. at all meetings of the board. [ 197.i c 542 s 2 1 375A.42- COk..INTY 1i AN. Subdivision 1. County managsr. In a county adopting the county rnana3er plan, the chief executive officer stit: bc loiown as the county manager. The manager sk.all be chosen by the county board soleiy on the basis of his training, experience arid administrative qualifications and need not be a resident of tlio county at the tirne of his appointment. 1h. manager snail be ap- pointed for an indtfinite period and he rrno,, be rernow..td by the county board at any time, but alter he has served as rnananer for one year he may dornand written charges and a public hearing on the charges 'Detour- the county board prior to the date when his final reimval tithes effect. Panding such hearing and removal, the county hoard may su_spend birn from office. The county board may designi:ne some properly qualiJ1 fled person to perform ti duties of the manager during his absence or chs..abilty. The. coority board shall set the salary of the man.n.ter a.rid may provide for a termination allowance. 51013 OPTIONAL 01101. C'r`' CO UNIT GOVi'Y2h7'.'if:NtT 37;:A.(. The county manager shall be appointed -by the county board as soon as practica- ble after the adoption of the county manager pian. Subd. 2. (t,-anini;er as chief :tdriiinist:ator. The county manager shall be the ad• rninir.crativc- r'•:rtid of the county and shall have all the posvers and snail perform all the ditties of an ac:rturilstrative or executive nature vest _tl in or i:np:lstd upon the boatel of county commissioners by law or by attre:.mecr: with any mimic iality• or other sub- tlivisiorl of government and such ,icicictional..frv'.Vers as are grained or int}x)s:ed by the board. St :1. 3. Powers and duties.. The comity man...ger :;hall be responsible for the proper administration of the affairs of the county placed in his charge. Rv resolution of the county hoard he may serve as the heals of any county department crew:"d by • law or established by the boar:.; provided he h;i . the quaiificatioos required by law. His resixinsibilitie•: shall include, but are not limited to, the following duties: (a) Appoint and hire qualified stall' to as lost him in the performance of his duties; (b) P o,vic.' for the execution of ,'1l ord:rtan:es .'.r.d resolutions of the board and all h wS of the state subject to enforcement by him or by officers who are Uncii2r �1r� direction and supervision; • -� • (c) Exercise all authority of the board of county commissioners to appoint, sus- pend, and remove all county personnel whose appointment, stispcnsion, or renkoval was a function of the county board under general iaw, snake such nominations and appointments to, additional offices as the county board rnny.detennine and rnai;e ap- pointments to such advisory boards and committees as the manager may create; (d) Provide for all county purchases including purchases of services pursuant to purrr'-.astng re a.:ci.:itions established hy the county board. but county purchasin ser- vices may be made nvailable for use by other counties and itoveituraintal subdivi;iorls; (e) Prepare and submit, if direetc.-d by the board to do so, an administrative code incorporating the details of administrative procedure for the operation of the county and from t.inie to time. suggest amendments .o sur_h cede: (f) Prepare and submit to. the county board an annual budget and a tong -range capital expenditure program eovering a period not less than the five ensuing years, each of which shall include detailed estimates of i'evenu,> and expenditures and en- force the pts visions of the budget when adopted by the county board; (g) Attend all meetings of the coeinty board with the right to take part in the dis- cussions but not to vine and recommend measures for adoption as he deems advisable or expedient; and (h) Keep the coonty board fully aivi'.ed ;Is to the financial condition and meds of die county and Si ;kc such other reports frnm tirni' to three as required by the hoard (: ii... manager d.`cins advisable. Subd. 4. i2_'ili.ukn on powers of county board. r either the county board nor any of its menu:'-rs shall dictate rhe appoinunent of any person to office or employ- ' alai:( by the i:ounty mannager, interfere to any ?manner with the county manager or ;':re'.'e:lt him iron: exercising his own judgment in the appointment of officers and env, l,lt;,'Les in the administrative sen. -ice; but this shall pot be construed to prohibit the county hoard from establishing a personnel administration system governing county employment. Except for the purpose of inquiry, the county hoard end its members sloth dual with and control the administrative service of the county solely through the county rnauia,t,•:'r and neither the county board i or any of its inemL-ers shall DVC or-• d.':rs to any •stab'. rdinate of the county manager, either publicly or privately. [ 1$3c542s3] 375.A..04 C:01`1r)r noN ► KELAT(NG To ELECTED EXECUTIVE Oft CY. .N1Y bliA:":AGER PLAN. Subdivision I. County boron function:. In any county which has aJ:+toed either the elected executive or county romager plan there shall be no board of heahlt, library board, park L'!1ar d, hospital board, nursing coriimnittee, ex' ension cV,ienuttee, welfare hoard, community mental health board, day card center hoard, • sheltered workshop bo. -.rd or nursin., horse frs;rd if there he any m the county, or an_, other adrainistrtivc board, committee or coriani:sion, except for the administration of a fu:,ction jointly with another political sub ivision. The county bard shall itself be and perform the duties and exercise the po'w'ers of each board, committee or commis- sion enumerated in this subdivision and shall govern and administer the functions of } u75 .G5 OTTiONAL FORMS OF COUNTY GOVE:11RN;VYt?:i`V;l' 510S such boards, committees and commissions as siilly as dr commissions orthe administration of ,hic1 no independentboards, rurttae u- thori:_':d by statute for counties generally. The county boc.,d It its disc ret'i n may cre- ate boards or co,r:IIL'ssionS to advise tin county 1?card with respect to any county. function or at.ti°.•i'y or to investigate arty subject of interest to the county. Any ::ch boards, committees or commissions in cxistcn sr; :_u?y cow y when either the elected CV-K:ir_iVC or ccuriti manager plan is ad.o:,Led Shall continue o operate tinexecutive�escts i' ,:s fru-mealy until the election and qualification of the first elected hey :,!i;11 county t:or the qualification of the first county manager, at which tatitled civil service too e: com- mission and their power's shall be vested in the county board. Any mission shall not be affected by the change. After abandonment of either the elected executive or county manager plans any board, c nnrnittee or commission authorized generally heel- be established as provided by law. by statute in counties t: Y �'' • Subd. 2. Once s elude appointive. Notwithstanding other provisions of law tl -the •contrary, when a county has adopted either tate elected executive coe: or rcountyrraao y a;;ef; plan, the offices of county auditor, county treasurer, abolished and the offices ot county coroner and county surveyor .-h: t , a.l he made ap pomtive, unless the change here enumerated have previously been accomplished a the office in question has been aboiished o ten air -ted. Each f the.. officers whose sof force has been made appointive shall serve ori ii „C . expiration of his present term until the successor is appointed and qu�i,,.es. Each o the officer; whose office has b„ -en a}%o tSt?("I 'ha}: serve as the t e..'.ti of aril; t partlirt er created to 141N -form the fun ct.ions formver• . performed by this of ice until tilt end hi term or the ttrst ts..:_3nd.-tj in Jai-Waryit'•il:):° "'i, th next general Flection alter the adio§ boa of the elected t•xeCtitiVi' or count'; rel'Li.',ger plan, wtoci?ever occurs first. 1973 C 542 s S: 1976 c 181 s 2 1 t ^ ,r '+.N. StIbdivision L G^_.rierai. Subject t ,f•a"'.tl` fl.';-$.F:iiCiF: i:I•t:41:;4:_=itJ !.:, r ,�, o'rule ft1 t en „ 1 fie ren 3` t3A.01, stinal :'isles 2. any county =y p= flee`✓ (a,:'-}lift:%n$ f 'tl. f office. nominated and elected by a (lamer;Min;� lip o dt� board with candidates Cr the uri`c the veit-er. of the County? is:p:,rate and apart it•e:m other members of alio tycard, e?c l that Ct e chairman of the board selected by ti11S method sh".'--`1 be ;t !limber 0.1 ll county x a -id in all other rt•,r*rt s. This c t t tor:ilii be ictievn as :1;e at-large chai ,1[Ian. Upon the aC9pLrcn of the at lerf_chairroan plan, the county shall b fedi • tlictd to reflect the change in number of commissioners on the board. Unless , , 1.:1. County l:::J adtip:.ed either tide at. i..I'ge chairman or the elected t!: -:e:7 :lti'a an,, eat board shi.d1 ele:._:t a chairman trorr ?Salon` its membership pursuant to ti -ie provisiol of section :375.13. Subd. 2. . Cottrlty hoard of five er se..en required. The at -large: chairman pl; may be adopted only in those counties which have county hclart's of five or :.ev members. The... change to a county board of five or seven members ; :1�•/ be instantJur concurrently with the change to the at -large chairman pan in which ase the board resolution, the study conunission o nimv niation or the petbanal by the von initiating the plan shall indic.tte the number of members rs to be on the board inctudi the at -large chii ain_:n. If the resolution, the re�c:ornnle<idati?-,11 or the r.ciit_ol does I specify the number to be on the board, the board shall consist of the s'tme rr:arr, eluting the at -large chairman as before the adoption of an option, unless the e of the hoard is greater than seven. If the board is gess than five, it 1l-.•1 be increa. to five: and if greater than seven, it shalt be reduced to seven. Subd. 3. Term, qualifications. The. first ,.enlarge chairman shall be ;elected at county genera election following the ad iAion of the ;tt-tante chairn:,tn plan and ev four years thereafter. He shall hold office t' a term of four year: commencing on first Monday of January following his election. The chairman shad be a resident of c(,ttnty and shall be nominate -d and electtd by all the voters oI the: county in the m ner provided by law for the election of county officers. Subd. 4. Salary. The salary of the at -large chairman for the first ye;u• of tern shall be set by the county board not less than :;t) days before the first day cal dates may file for the c:fiice; thereafter, the salary ot the at -large chairman shall be annually by the county board at the January riveting o1 the board; providted that salary of the. at -large chairman shall not be less than 120 percent of tare salary of highest 1=coil member nt tate boated of county (Azlin:,stoner.'. A 11uttllIltL'n salary each subsequent term of the at lar;_;e chain n. ,0 }tall he fix(ed by the county t„ard Less thrall 30 days before the first day eaildiiiirte may file for tai: office in an arni ._._............::•.vrsn.:feu,. r. , • of. 5109 ()PTIONAL 1,01-VVIS (W COUNTY COVI'ItINMENT 375A..05 not less than the minimum provided in this section. [ /973 c 5-42 s 5 .1 375A-413 COUNTY ADMINISTRATOR. Subdivision 1. Appointment and qualifi- natiors In any county which is not operating under either the. electcd county execu- tive plan, the county manager plan, or the auditor -administrator plan, the office of county adritinistrotor may be esoablished. The county hoard may appoisit and employ the administrator upon such terms and conditions as it deems advisable and IS autho- rized to appropriate funds and provide suitable office space for the office. Ile shall he chosen scifel:,• on the basis of his training, experience, and administrative qualifications and need not be a resident of the county at the time of his appointment. The adminis- trator shall be appointed for an indotioite period and he may be removed by the cot.ulty board at any time, but after he has served as admr•ustrntor for one year he may demand written charges and a public bearing on the chaoges before the count,/ board prior to the date when his final removal taites effect. Pending such hearing, and removal, ths county board may suspond him from office. The county board may de.sig- nate some properly qualified person to perform the duties of the administrator during • his absence or disability. The county board shall set his salary and raeay provide for a teruiination allowance. Subd. 2. Othier oftioers nay be appoIntecl. The county board may appoint as county administrator any county officer or employee deemed to be qualified by reason of his trainiog, experience and administrative qualifications. If a county officer or em- ployee is appointed county adininistrator, the officer or employee shall resign his of- fice and terminate his responsibilities before asstornMg the crifice of county adinnsitara- tor. Subd. 3. Aixillshbog office of adminisirsitor. If the office of county administrator is abolished, any duties and responsibilities previously assigned to the county adminis- trator shall be vested in the officer or department which had responsibility for the function previous to the transfer of the function to the county administrator. Subd. 4. Administrators-, powers and duties. The county administrator shall be the administrative head of the county and shall be responsible for the proper adminis- nation of the affairs of the county placed in his charge. He shall exercise general str= pervisioo over all county institutions and agencies and, with the approval of the county board, coordinate the vanous activities of the county and unify the manage- ment of its affairs. If roquired by the county board, he may act as the head of any dr, - pas Mien!, the appointment of which i'; made by the coumy board, provided ht' has the qualifications regoired by law. His rest,x.nsibilities shah include, hot are not limited to, the following duties: (a) Hire quahfied staff to assist him in the performance of his duties as approved by the board; (b) Provide for the execution of ah ordinances, resolutions and orders of the board and all laws of the state required to he enforced throtli the county board, by bon or by officers who are under his direction and supervision; (c) Apooint, suspend, and remove with the approval of the county board all county personnel whose appointment, suspension or removal is a function of the county brad undor general law and make such appointments with the approval of the coority board to additional offic-os, boards, corn and conlmissions both advisory and otherwise as the county bnard may direct; (d) Provide for county purchases including purchases of service as directed by the county board and pursuant to purchasing regulations est.:Polished by the board; (c) Prepare and submit to the county board a proposed annual budget and long- range capital expooditure program for such period as the county board may d.,rect, each of which shall include detailed estimates of revenue and expenditures and en- fotee the provisions of the budgc•n when adopted by the county board; (f) Attend all meetings of the county board and recommend measures for adop- . Lion as he deems advisable or expedient: (g) Examine the books and papers of officers and departments of the county as directed by the county board and report his findings to the county board, keep the county board fully advised as to the financial condition and needs of the county and = !t 375A..07. OFITONA.1_ roams (DF C(3UNTY GOVERNMENT 5110 make such other reports front time to.time as required by the board or the administra- tor deems advisable. [ )973 c 542 s 6 1 375A.07 F:..XECUTrdE SECRETARY TO THE COUNTY EDARD. Subdivision 1. Change in :tante. Except as otherwise provided in this section, on January 1, 1f374, the office of county adirdnistrator established pursuant to sections 375.48 to 375.59, sii..1.11 terminate and the person holding that office after. snaid date shall be known as the ,.fx- etiutive secretary to th? coulity board. This subdivision shail not apply to any person who on January 1, 1-:173, held the office of county administrator pursuant to sections 375.48 to 375.50 and did not on that date ConctutcmIlv hold an elective county office. Subd. 2. Prent arzitty adrairilstrators Notwithstanding the ,,•-irovision,,. of nec- !ion 375A.12, at any tirne prior to January 1, 1374, the county board of any county employing a county adrainistrator parsuant to sections 375.48 to 375A0, may aCo7t a resolution appointing the person then hoiding, the office of county administrator to the office of county administrator pursuant to zection 375A.05. A person eppomted county administrator by tint resolution shall assume the duties and responLibiLities and be suLject to the conditions of that toTic. as if originally appointed to the office of county adridnis7.rator pursuirit to section 375A.06. [ 1973 c 542 s 7 1 375A.Cli CO‘TrITY At IP rro.R-An:t1INISTRATOR PLAN. Subdivision 1. Axitls-c- rizaion; dutits. Subject to the exclusions recitcd in sectlon.375A.01, subdivisioc; 2, any county which has not pro‘licled for the ap!K:intinerit of the county auditor a1 i!afi not con:bined the offices of auditC,.• and treasorer may adopt the auditor-ad:rinisrator plan. In any county adopting ttie county auditor-adrninistrator plan, the elected cDonw auditor shall serve also 2,13 county adininistrator 1:;orsuant to se.ction 375A.06 and shall continue. to perform all the duties of a county auditor as provided by law, except tliat the duties of the 'Tice of county auditor established by ki,v appertaining to con -Tara). - tion of taxes, delinquent taxes and receipt and disbursement of moneys shall be trans- ferred to and vestal in the office of county treurer. Subd. 2. Eilleflori. -in any county adoliting the county auditor -administrator plan, the office of county auditor s?..tall become tile office of aoditor-administrator and the auditor -administrator shall nominated and elected by all voters Of th 2 county L the manner provided by law for the eke:ion of county offices.. ( 1073 c 5-12 s 3 I F.4,0DIFICATION OF 11E 'NU1‘111E2.4Z AND NIE11-10D OF Eil!..ECriCiN OF TILE COUNTY 110ARD. Sutylii.rision 1. GeperaL Notwithstanding any othe.r nand- sion of law specifying the nutnber of members of the board of county commissioners end except a otherwise provided in 1;:ections 375A.01 to 375A.13, any county may al- ter the number of members on the board of county commissioners in accordance with the provisions of this section. Until the adoption of a rnoctfication of the number of the members of zhe board of county commissior.ers, each county shall elect the num- ber of county commissione:s by the method in effect for that county on July 1, 1973. Any of the modifications rnay be adopted or abandoned by a county by following the procedures set forth in sections 375_5,01 to 375A.13. Subd. 2. Number et inemb.ers.. Ary county may provide that Ur.: board of county commissioners shall consistof three, five, seven or nine members. Subd. 3. Qualifimtions. Every county coinmissioner shall be a resident of the county and a1 be a residmt of the district from which he is nornin.ited and elected. Subd. 4. Districts; mint:nation. The county shall be divided into the number of districts from which commission.ers are noninaterl and elected and the population of the county shall be apportioned to the several districts so that each commissioner rep- resents the same number of persons as neatly as may be posible. When th.: nturiber of commissieneri has been changed, the county hoard shall proceed to redislri.ct tue county accordingly and it shall fellow as nearly as possible the times rnd procedures specified in scction 375.025, including determining the two year and tour year toinis first assigned to districts in order to provide as nearly as possible for an ecitial monber of overlappin!,:t four year terms iii the future. The re.oltition redistricting the cconty shall be ad:,pted riot less than 30 day:: be'.ore the first day candidates may file far the office of county commissioner. (.7.,ainntinioners to be elected pursuant to the modifica- tion of the county board sliali be elected at the g-nerai election. following the acloplien • Sec. 29.2.3.10. Powers and duties of borough administrator. The borough mayor or manager as the case rney be, a:s the chief ad- ministrative officer, is responsible for the proper administration of all borough affairs. The mayor or manager of the borougIh shall (1) appoint borough employees and administrative officers, ex- cept as pio';icle(1 otherwise in 360 of this chapter and AS 29.33.- 050; he may hire necessary adrlliliiStratiVe assistants and may authorize an appointive administrative officer to appoint, suspend, or remove subordinates in his department; (2) suspend or remove by \vritten order borough cmployein and achninis trative officers, except as provided otherwise in § 360 of this chapter and AS 29.33.050; (3) supervise enforcement of borough law; (4) prepare the annual budget and capital improvements pro - grain for the assembly; (5) execute the budget and capital improvement program as adopted; (6) make monthly reports to theassemlbly on borough finances and operations; (7) report to the assembly af; the end of each fiscal year on the finances and administrative activities of the borough; (3) prepare and make available for public distribution an annual report on borough affairs; (9) serve as borough personnel officer unless the assembly autho- rizes liim to appoint a pers.onnel officer; (10) direct and supervise the administration of • (A) the functions of all borough officers and employees except as provided etherti'+ise in this title; (13) the care and custody of all borough buildings and of all real and personal property of the borough, except as provided other- wise by AS 29.83.050; (C) the construction, maintenance, and operation of all borough roads, bridges, drains, buildings and other public works; (11) execute other powers or duties specified in this title or law- fully prescribed by the assembly. Sec. 29.23.150. Executive absence. The borough mayor, subject to assembly approval, shall designate a person to act as mayor dur- ing the mayor's temporary absence or disability. If a manager plan has been adopted, the assembly shall designate by resolution a borough administrative officer to act as manager during his absence or disability. 111. 12.$ Ira i:to•4 • • e'• i••4 .4 , !'c�'.'ill.1::Y.33:tGia:..:'2;i'iL.::tC2^.:.bGJfY'Y.Sfaf..i: Y....�eu; ...';:ba:•i.23u? �.k. r 'n �wld.�',d'„S`i.�d're9 '" .' .::�ilE::?..c;3�� 'ak`.'•.:121 :,5,±.l3ilS411.:2da«'^i. Li:A Ch. 125. COUN'IY GOVT RNM•1I.1'1rr (2) All ordinances shall be public records, and copies of such ordinances shall be available to the public. A reasonable charge may be made for the provision of copies, but such charges shall not exceed the actual costs incidental to providing such copies. Fttotory. -e. 3, ch. 4-32 125.69 Penalties.—Violations of comity ordi- nances are misdemeanors and shell be prosecuted in the rams of the state in a court Laving jurisdiction t.,f misdemeanors by the prosecuting attorney there - o! end upon conviction shrill be punished by a fine not to exceed $ 500 or by imprisonment in the county }ail not to exceed 60 clays or by both such fine and i tnprisonrnent. Illrtory. -s 3, ch. 22.1; u. 1, 7, ch. ":0462. PART III COUNTY AUMINIi1RATION e • 125.70 Short title. . 12,1.71 Purpose. 1:5.72 Application of the part. 125.73 County administrator; appointment, t{uaf i 'cations, compensation,. 125.74 County administrator; powers and duties. 12:1.70 Short title. ---This part shall be known • a.^.d may be cite:{ a3 the "(runty Adininistratlon kiw' of 1974." t-xcory.--a 1. ch. `r G. r3J. 125.71 Pt"-1'rk'se.--It is the legislative intent that i=. necessary to authorize a form of county a .minis- tnFi;m that bast assurf:s an adequate and efficient rmvusioa of services to the citizer.s in this state, that rvvicles for coordinated administration of county ' orttnents to bet'.cr'rotect the - health, welfare, r.:iety, and quality of life of the residents in each of F;fi snore urban zed counties, and that p!i3^es in the kinds of a county administrator the multitude of t. tkils which roust necessarily ar ser trom'the orrera- u of ie county as a '.snit of local government and, ?kl• enables the board cf'county coinrlissioviers to ."'rlcmrrn freely, without unnecessary interr!iption, t.;ll iamenta1 int:;nderf purpose ofreaking policies the frar;;etvor'c of Inv; applicable, to county r!'`r'arnent in this st.. te. It is the further legislative '.4"It to pi';.vide a o-,rrnula and structure fur the `'t''.tn!c and eiticicnt conduct of county affairs by dot': the county ndminit.tratorestablished by this ^r'` ra' lunrible for I r&ndli::g of all things necessary k. a• 4 �• a r'vriplrsh and bring to fruition tli2 policies estab- '"�' NI by the board cf icatit.y commissioners. • 1. �h. tr.:73• `1l1,72'9ppliC;1:i:'41 of the [fart. ---The lrovi- 3 of this !ilift.may 2+Oply to any county in this • much hits not adopted 0 chiirter form ofca:lnty. "d1 't'''ra,t'rtiln•nt uT ' l".!s. ige of a coilr,ty ordinance by ••.:•1 ••1 111...1.• .• 1 ..J r, -.M - •....•a 4•.1, y..•:'•„ Ch. 1125 125.73 County administrator; appointment, • qualifications, compensation.— . (1) Each county to which this part applies shall appoint a county administrator, who shall he the administrative head of the county and shall be re- sponsible for the achi:inisir:ttion of a]1 departments of the county government which the board ot'eounty commissioners has authority to control pursuant to this act, the general laws of Florida, Cr other applica- ble I tgis!aticn. (2) Tho county administrator shall be quaiified by administrative end executive experience and ability to serve as the chief administrator of tin,: county. He shall be al:pointed by an nfl?rmative vote ofnot less than th<-ee members of the boar.d ofc'cunty cornnlii:;ioners and may be removed at az:y time by an affirmative vote,, upon notice, of not less than three members of the board, after a hearing if such be requested by the county administrator. The ad- rninistratcr red not 1.-2o a resident of the county at the time of his appointment, but during his tenure in office he shall result. within the county. (3) The coir,pen.;atIon of the adir_inis`_rntor shall be fixed by the board ot'count.y commissioner's unless otherwise provided by law. (4) The office of county administrator shall be deemed vacant Wale incumbent rooves ;his ru: idenrce from the county or is, by death, illness, or other casualty, unable., to continue in office. A vacancy in the office shall bn filled in the same manner as the original appointment. The beard of county cornrnps- rzi011er'S may appoint an actin; administrator in the ease of vacancy or temporary absence or disability until a successor has been appointed and qualified or the administrator returns. Frix.�-y.—s i, ch. 741 03. 125.74 County administrator; powers and du - r 1) The administrator may be responsible fbr the administration of all departments responsible to the board of county c,nr.ir;n io-iei-s and for the proper administration of all ail airs under the jurisdiction of' tho board. To that end, the adminiqrator may, by- way of mune rn'aon an not by w,vay o1' limitation, have the following specific powers and du tie; to: (a) Administer and carry out the directives and policies of the board of county commissioners and enforce all orders, resoluti;+r.s, ordinances. and regu- lations of the hoard to assure that tiles are faithfully executed. (b) Report to the board on act.l''in talceri pursuant to any directive or policy wi'.hill the time set by the board end provide an anniiti.l report to the board on the state of the county, the work off the previous year, and any recommendations as to actions or pro- grams he deems necessary for the improvement of the county and the weifr-..'e of its residents. (c) Provide the board or individual members thereof, upon request, with data or infOrrriati,n con- cerning county got'el-nlne:it and to provide advice and recommendations on county government opera- tions to the bon: -d. (cif Prepare and submit to the board of county :nmissioners for its consideration and adoption an nual operating budget, a capital budget, and a pital program. of'such coune: f,ressiy adopt- co .; '+„ liars. ty 1. ch. 74.11;3. an cn — • 547 0 ::�u�L'�l:titsi3ier2�."." Wail•"�'.inti.`�j_+�"t:x:i:tYfse.l+tSS.�M 'i�7$ Ch. 125 ritiun:t:+u�r:4.rua,::'G.,Swv. �etnS��+a'a...:Gi:.. ...mw:y...�tt:'.•y:J.•dS.F.S,...s..f.W:.+c.i.t;.ri..��.L'.. D .irk.. COUNTY GOVERNMENT Ch. 125 (e) Fztablish the schedules and procedures to be followed by all minty departments, offices, and agencies in connection with the budget and super- vise end administer all phases of the budgetary proc- ess. (f) Prepare arid subinit to the hoard after the end of each fiscal year a complete report on the finances and administrative activities of the county for the preceding ;:ear and submit his recommendations. (g) Supervise the care and custody of all county property. • (h) Recommend to the board a current position classification and pay plan for all positions in county service. (i) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing proce- dures. (j) Orgy nizc. the work of county departments, subject to an administrative code developed by the administrator and adopted by the board, and review the d;•,partrr4 its, administration, and operation of the county and make recoIiunendations pertaining thereto for reorganization by the board. (W Select, eriploy, and supervise all personnel end fill all vacancies, pie;itions, or employment un- der the jurisdiction of the board. However, the em- ployment of all department heads shall require confirmation by the board of county commissioners. (1) Suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to p.o- cedures adopted by the board. (m) Negotiate leases, contracts, and Ctleragree- ments, including consultant services, for the aunty, oubjcct to approval of the board, and make recom- mendations concert:ing the natture and location of county improvements. (n) See that all terms and. conditions in all leases, contracts, and agreements are performed and notify the board of any noted violation thereof'. (o) Order, upon advising the board, any agency under his juri:;'ii:tiur- as specified in the administra- tive code to undertake any task for any other agency on a temporary basis if he deems it necessary for the proper and efficient administration of the county government to do err (p) Attend all meetings ofthe board with author- ity to participate in the discussion of any matter. (q) Perform such other duties as may be required of him by the h•Tard of county CUT'.l[TIlySIOI1CT'3. (2) It i': the intent of the Legislature to grant to the county adnunista•ator only those powers and du- ties which are administrative or rtinisteT ial in na- ture and not to delegate any governmental power imbued in the board of county commissioners as the governing body of the county pursuant to s. 1(e), Art. V1II of the State Const it:ltion. To that end, ti:e above cpe if1ca11y enuinersLed powers are to be construed as administrative in nature, and in any exmeisc• of governrnental power the administrator shall cnly be perforating the duty of advising the board of' county commissioners in its role as the policy -setting gov- orning body of the county. tics pry.—a. 1, ch. 74,;10. 125.8.0 125.81 125.82 125.83 125.84 125.85 125.86 125.87 125.88 PART IV OPri'IONAL COUNTY CHARTERS Short title. Definitions. Charter edoption County chartexs; County charters; County charters; County charters; ities. Administrative amendment. Civil service. by ordinance. general provisions. optional forms. executive resporisibil- legislative reslr.nsibil- code; adoption and 125.80 Short title. ---This part shall bo Known and may be cited as the "Optional County Charter Law." . ;Ti: tory.—a 2, ch. 74133. 125.81 De txition.s.—As used in this part, the following 'vords ::id tetras shall have the meanings ascribed to tho:n to this section e :cepa when the context clearly indicates otherwise: (? 1 "County charter" rnean:s tho charter by which courity government in tilt: sttct.e may exercise all powers • of local so..1t-government not inconsistent with general taw Brad aa adopted by a vote of .the ciect.ers of the county. (2) "Form of county gevernlnent" is that farm adopted by the ele:cters providing for the operation of a county i;ovtrn` e'nt operating under a charter which :shall lee provided in the charter. (3) "Officer" means all officials of county govern- ment operating under a charter which shalt be pro- vided in the charter. }3lucory:--e. 2. ch. 74193. 125.82 Charter adoption by o :mance.—As a supplementaal and alternative way to the provisions of se. 125.60-125.61t, inclusive. the board of county commissioners may propose by ordinance a charter consistent with the pro.i:.ions o.f this part and pro- vide for a special election pursuant to the procedures established in s. 125.t'4 without regard to the time limitation contained in subsection 125.64(3). [[t•aoty:—s. 2, ch. 74.193. 125.83 County charters; general provi- sions.— (1) rovi- t31008.— (1) A county charter. may prescribe one of the optional forms of government herein authorized, and shall clearly define the responsibility for legisla- tive and executive functions in ace:ordance with the provisions of this chapter. P (2) The county charter shall require all elective offices to he filled only by qualified voteo of the! county. All appointed oantes may be tilled 15y nonres- idents of the county; however, the charter may re- quire that, upon appointment, such officers shall reside in the county during their tenure in office: 13) The county charter shall define "vactincy in office" and pro%ide methods for filing Eltch vacancy. (4) The county charter shall prcvide that the sal- aries of all county oil -leers shall be provided by ordi- 548 •TMrraV:r,Y41.,,.Wf1.i.tR TIVS'1,1nrwrrp R'*^�9?!R'RC';!G';A l"iv!R"^. "NETS%`:i �v •.'/ i1' wMv`T M1^F 'i'°c�et:rs,?„^,Fr;.dr.Ce'+p,.art•nwu.:tmxx7,7%lr07err,..:y,'VvR'.M91:'91s°.fV+Z.T.t.'.7R".•.IT^.7Ltit 15-37-16.1 cor5NTIES • 15-37-16.1. Cuurity conmissionors ErniAvyng deputif!:3ad ert!..V7.j, ployees--7..:IniAoylog a ccupty nu•innger.---A. A hoard of county corn. missioncrs rpay set the salaries of such ernployee.,. and deputic.la,-, it .f.c13•:;i. necessary to discharge the functions of the comity, except that elei:ted county officials have the, authority to hire and recomunend the salar of person3 eronlo:,..ed by them to carry ont the duties and responsibilities of the offices tol=,hich they are elected. 13, A. hoz•ird o r 'oun;-; ;„. comrlissi(mers may employ and set the of a county malinger tG Ciu-td;lt:t the busines::. of Ile county, to 3e,r,lc,! A personnel officer n3ca) diroctor, hi/dget officer, property cust-odiavi to act gene.ri•illy as the a6tr.inistrativ-e, assistar.t Lo the board, a.ijiric•:;:- ti.nd assisting !t in the oxercise of its duties and responsibilities.. ()in: ers deputies and employeeS of the county or of • • ), elected official of the comity, shall receive their salaries or w;:iges itor services ri.m,.1.ered rI re:gular Paydays, not more than sixteen [16] apart. History: C. 1933, § 19-37-15.1 enacted 53, section 1, Laws 1901, chapter by Laws 1999, ch. 219, 4 1.; Laws 1971, sections 5 and d. Law 1951, chapter 167, -.;;•••.it• Ch . 191, § 1; /973, eh. 90, 1. sections 9 and 11) and Laws 1933, elm:1---,;• ter 107, section 16, as umended); and enacting a new section 15-37-10,1 1952.-44:v:8 1959, ch. 219. An act authorizing elected county of -!,:1•'•,(q. facials biro and r -un: -c..:1 the. salt, ries of persons employed ley thom carry out the duties and rersponsibilicies. of t'ee etqccs to which they aro --Laws 3973, eh, 00. • •::•4,4i 4 alendments. itlos of Acts. An net relathig to countics; providing for employing nizol setting the salaries of employees and deputie; amending sec- tion:. 15-41-8, 15-41--.1 throufzh 15-43-4.8, 15-43-5.1, 15-43-13, 13-43-24 and 15-50- 13 NMSA 1953 (bi.;ing Laws 1891, clap - tor :33, section 8, Laws 1957, chancor 1.96, sections 2 throcei 10, Laws 1955, clezp- ter 4, section 2, Laws 1915, chn"pter 12, sections 4 and 14 and 1..a.,y3 1021, chapter 160, section 4, as amend:A); rcpcalinz sections 15-33-24, 15-41.-2, 15-43-.1.9, 15- 13-6.1, 15-43-9, 15-48-11.2, 15-13-11.0, 19- 43-30, 15-43-40 arid ',.2-2-4-1 NMSA 1983 (,boing Laws 1959, chapter 76, sc,:tion 1, Laws 1.391, chapte: 33, cc .ion 2, Laws 1957, chapter 193, section 11, Lawns 1935, chapter 4, section 3, Laws 1917, chapter • The 1971 amoral:sent 131:1)StitlItC5 act" "acting" in saihseet;on 13 added subsection C. Ti-. 1973 amendment added the ex- ception at tyle end of subsection . . Opinions Of Attorney Cener11. 1971-72, No, 71-34;1975-76, No. 75-64. •s! 15-37-17. Precinct boundaries -Filing with the secretary of state. - The county clerk shall have on filo- with the secretary of state a certed copy of the current description of the bound:pies of each precinct in the county. A cc,py of the map showing the boundaries of the precincts shall accompany the deszriptions. history: C. 1953, § 15-3'7-17 enacted by Laws 1959, cll. 00, § 1; 1,W3 1.975, ch. 255, § 127. Compiler's Notes. Lw O 1069, ch. 00, 1 repealed old sedion 19-37-17 (1,1cv3 1876. ch. 1, § 14 (5); 1880, ch. 18, '-i 1; C. L. 1884, .§ 845 (6); C. L. 1397, y 6G4 (5); Code. 1915, § 1202; C. S. 1920, § 33-4216; 194 [.Comp., 15-3515) and enact:al a new section 15- 37-17. Title of Act. Ari Act relating to counties; providing for filing pracloct: and voting divisien bourAries with the sectetary of atcto; amending sections 15-37-18 ti-xotn,:i-i 15- 37-20 NMSA 1853 (Leinif Laws 1870, citapLier 1, sections 15, 2 and 32 as amercled); repealing sceticri 15-37-17 .1'..1111SA 1953 (being- Lnws 1S713, chapter 1, section 14(6), as antencied);and en- acting a new aoetion 15-37-17 NMSA 1953. -Laws 1909, ch. 90. 552 Amendment. The 1970 amen•lrn, section which read: 1` days of this section 1: county clerk shall rile of strOe a certilled co: legal description of t each precinct ci' yotin case may be, in their "13. A copy of th3 boundaries of the pre 15-37-18. Creati of county C0111MiSSi. for any reason otl unless a petition. 1 fifty [ill] voters, precinci;; and prec cover as Srnall an; their boundaries rc voters therein. •, fiistc•ry: Iars 111'76; 1834, §24'd; C. L. 1891, §1207; Laws 19'21, eb' 93, § 1; C. S. 1929, § 33 § 15-3516 ; Laws 10(.39, Title of Act. A. act to amend Mexico Statutes Amin ef 1915 relating to th• cinets, an arnerded 1 cion Laws of 1921,-1 Arnendtrenti3. ,7 The 1921 amend:nen mare:dim" substituted nries o2 the propod "residents tholrein"; which read: "Prorlecd, boundary lines of there is established as:9 nut be changed er.alt. creation of a new prec:. of the boundary Lir.cs tineas unless the suah nevi prociii:';tert311, boundary line . 15-374a, cornmisiiionersqz`•? pre:chictin tq be made 1)y such precinct=.1,1;i clerk. History: 188.1, ti 359; C.; § 1218; C. S. 19:::2-.) •••••,.; • -•;',"•,. • 4,.` „ .• • CONSOLIDATED OFFICE FORM OF COVEUN1,11;;NT Source: S. L. 1911, ch. 130, 11 2; ft. C. 1943, §11-0815. Al Ry' ;.11 ko 4- 11-08-15 Cross -Reference. Removal prodeedingS, see chs. 44-10 and 44-11. CHAPTER 11-09 COUNTY MANAGELsEIP. Section 11-09-01 County manager government --For In S. 11-05-02 Board of county commission- . ers to submit plan to elec- torate. 11-09-02.1 I'etition—Question submitted to electors. 11-09-03 Board of county commission- ers nu..y submit plan. 11-09-04 Notice of clection--How eiec- tion held—Canvass—Return. 11-09 05 Ballot for submitting question of the adoption of one of the county manager fotnis of government. 11-05-06 Eliot for submitting' question of adopting the short form of county manage.rship—Re- pealed. 11-09-07 Vote required—When form of government goes into effect --When official in office re- tired. 11-00-08 1!oarci of county commis:,im- ers—Election — Term of of- •fice--Vacancies. 11-00-09 Powers of board of cnunty . e.,) In i on ers Fail u z.e Of witness to obey order of board is a misdemeanor. 11-09-10 Appcintment of county man- ager --Tenure of office Compemsation. 11-00-10.1 Electlini of county manager --Tenure of office -- Ccrn. pensstion --- 'Vacancy — Re - ;.1 -09-11 Zdava:,:er . and officers attend meetings of l3oat•cl of .coun- !.y commissionors. 11-09-12 Powers and duties of county raanager. 11-09-13 Removal of an appointed county manager. 11-09-14 Administrative activities, re- sponsibility of county man- ager. 11-09-15 .AtIministrative activities as- signod to departments in county adopting county . inanager form . of govern- ment. . . Directors of departments ap- pointed.. 11-05-17 Auditor --'Who to act. 11-09-13 State's attorney Appoint- rnent,---Powers---Dutics. 11-09-19 ..Sheriff,— Election — Ap- • pointment—Duties—Powers. 11-09-2'0 Treasurer —1Nho to perform functions. 11-09-21 Designation of depository in • lieu of appointment of treasurer. 11-09-22 • County judge — Election or appointment—Duties. 11-09-23 Clerk of the district court— Who shall act. • 11-09-24 County superintendent of achools -- Election or ap- "pd nen-tent—Duties. 11-09-25 Register of deeds—Who to act. 11-09-2r; Constable—Office abolished,— Who to perforin duties. 11-09-27 Coroner — Office abolished -- Who to perform duties. 11-09-28 County justice — Office abol- ished --Who to perform du- ties—Repealed. Public administrator.— Office td3olished—Who to perform ddtics. Surveyor — Office abolished --Who to perform duties. When nut. clear who is to exercise power, board of county commissioners des- ignate officer. Appointment of subordinates —Terms of office. Removal of subordinate offi- cers and employees. Bonds of county officers. Schedule of compensation. Salary of suborclinates--Fees paid over to treasurer. 11-09-29 11-09-30 11-09--31 11-09-32 11-00-33. 1109.-34 11-09-35 11-09-30 331 11-09-01 COUNTIES Sec buil 11-09-37 County officers and em rloyees [; puy public >;:o-reys to tr^a:surer. Boar,! of county coniinission• - ers not to inter:cir, i r a.n- p.,int.r:rents et- r _:r,,r.:tls -- l'enalty. 11-03-1;9 Yrep:crvtica ural s3iit.•.a_siotr of 'the budget. 11-.09..40 I''inances---Adininii!t rx.ion.. 11-09-41 r1O rrort'J drawn from treas- ury unless in prr ?.::nee of appropriationAccounts of appropriation 11••09.42 Report, o= financial officer to boa:•d of county commis- . Oioriz•: 5. Section 11-09-43 Books of officers, mar•ag er, rector of finance audited. 11-09-1.', I'ur:chasing agent --.- 1'ol7rr. 'duties �ISliflle:; .pur•- c't:.rse:i on bids --... ;;al:: of 11-09-45 Yul,lic 1...v1-Ls—Who in charge 11-09-46 Public welfare ---- Who in ch a` rge---I i ut i';s. 11-C°-47 Interest in contracts by o`fi- ce.rs and employees pro- hibited. 11-09-48 Election as to retention of plan. 1.1-10-01. County rll^►i;t er g w—er tr.se. t ---'Forms. --- Any county 1)1 (.�ll stat(! 23 $uth(ri%::d to adopt. omt of the. allowing comity n.alli ger forms of government : o t Of .v, it 1..�;;1.'it lU!"Rl. F..'•:iiii'.tj� iT':i?li�:r;.'r::1i;11 with the 'ill'4 0l county rialiage'r to Le an :I1' :ointit c4 ase. • 2. County manager iC _' n with tho office of count." r11aIla:ser if) be an appointed office. Short arm of :;i L1r't'_ X11:!31`.?lrc. hiip with the ,!Bice +'f {(>',1:ty 1?1:Ir!i'.g.''r to he an County 11lana.,jer i0: rrt ,,vlth the. office of :tiunty rrlanaf;('r to be all cie ;t;;(1 alike. i - The procedure for adopting any one of these form:i of government. .hall be its provide] in chapter. T..1r21c:,s otherw1;ie expressly indicated, the po,°i:iol!s of t.h:s chapter shall aFply to all the forms of c:ouni:.y mf,tnagership. 'Source: ;. I,. 1911, ch. 131, §1; 1941, ch. 13r' §1; R. C. 1943, §11-0901; `i. L. IJ65, ch. 94, ; 12. 11-09-02. Iioar(i of cut:nl.y commissioners to :submit plan to' elector- ate. ---Whenever a count' SrmaIiagership forum of government plan as pro- vided by this chapter is sulxtlitted to a hoard of county commissioners ptir:'su. nt to chapter + 3•:)�.J, the board of county ccmrnissi3ncrs shall submit the (inti:;tiara of adopting such plan to the qualified e:kctor3 of the cuurty at the next primary election in the manner hereinafter provided. Source: S. I:. 1941, ch. 131, F 2, subs. 11; 11111 ch. 13;'., § 2,subs. a; R. C. min, § 11-')1i02; S. L. 39 iS, ch. , § 13. C011iter;l tic(errnces, • Coiuitit s'- 21 I'icctiorr;C.:-3:3;; . 20 C. J. S. Counties, §Y.13, 41; 29 C. J. 3. i1ectiuris, § 09. Alc,r.registrat icn as a!1.'etii,g one's qualification as si1-nor of petit ot: for affection, 100.,1Li: 3J2 "�.� e'}.'' 'fit f"''o,;<,yt;, ',r ., r - r xa.•r'L9 i��etfr us •.rnw;w.pap- rgv�.r,•,).ti,i A u,r.:.Y,v:'i:v�wJ'3= �5,�' i13;i-^•f"L": w".I<'.i:ist'.i��%.'•; �`.;::iY':: ••1...irq w....,, ."....n,y ,. tp.......u.,...* ..ffintw,...si..,,lttf.ssor I,rar, Vr ,",. irmea R. Q. Ir• 40.,,+.1`1... JW1• ..... 7 AD4fi`"'t4V/".°i" !!P'11 M?a_: KTF""tt;2S'13t ISSMIII1' irti ". r�••.'�'Lt .aS:•:k.i-Sw"kttbci:^MI. 47ia'. W:'"C i,rc..;r..r.!e�'*Y? =:'.•1: Gd c. it lS, tL:..'.rt!:tL":.«.t"�!.�!.. COUNTY MANAGl';f:Si11! 11-09-1%J 11-09-02.1. Petition—Question sub:llitted to electors. -__Upt,n a peti- tion hied with the county a'll'.it ,: at least ninety days; in.:;;d'-once of :lily county -wide election Sig tt..':1 Uy I10L tz tls:;In twentyiv',.percent of the.civa;lhied electors of the county as dete'rmine'd by the 'total num- ber of .votes cast for the office of governor at the hist general election, asking' that an election Le held on the question of the adoption of ono of the forms of county managership and specifying. which of the forms :is to be submitted, the board of county commissioners shall suL•mit,the question at the next regular primary or general election. Source: S. L. 1975, ch. 86, § 1. 11-09-03. Board of county commissioners may submit Plaut: --The question of the adoption of any county ni`:nagcr fora' of government may be submitted notwithstanding the pro;inions of chapter 11-011 by the board of county corrlmi.;:,ic;:-:'ers by a resolnticn adopted by the anti niati`:e vote of not less ltan two-thirds of the entire board. Such resolution shall clearly designate which form of p,overninent shall be submitted. Source: S. L. 12.11, ch. 131, § 2, t lft-ll, t;;. 1 `:, § 2, subs. a; R. C. 1 .'.•"'i'i • S. L. 1065, ch. § 14. 11-09-0.1. liei ci: of cl_ctiin-•-31rclelection let.--Cinvtss--i e4 urn. ---The county auditor shall publish once each week for four successive weeks prior to the election at which the question is to be subinitted, in the.ofiiciai newspaper of the county, a notice of the election on the question of the adoption of a county manager form of government. The. notice shall specify which form of county managership is to be submitted to the electors. The election upon such question shall be held and. conducted and the votes canvassed and returned in the mariner provided for the election of county officers at r: general election. iiource: S. L. 191!. ch. 131, § 2 a.tl: electron as inundatory or directory, 119 b; 1941,. ch. 133, y 2, ub3. b; R. C. 1913, ALR 661. § 11-0004. Collateral Retcren..cs. Coantie::c'21; 1:lections 39--12. 23 C..,I.'S. Co::nties, §§ 43, 41; 29 C. J. S. F lectiuns, §§ 71-75. Comment note' Statutory provision as t(, ntal:ner and time of notice of special Special election, validity of, tis af- fected by publication or ctisaemination of matter cr information extrinsic to the question as submitted, regarding nature: or e! ect of the prope.ial, 132 ALR 1142: Failure of cilieer to give notice of election as a punishable offense, 134 ALR 1237. 11-09-05. 13anot for stibnlittinr, question of the adoption of one of the county manager forms of ;;fwernmeat.--The ballot to be used at all election on the question of the adoption of one of the county manager forms of gat'; ernincnt shall he in substantially the following form: 323 r.ri ai:.�,�. ti...=.,s:�, :,. t_b .d.* 'ti:/!V ; kLx, t. MAS r.A..:u.➢.k➢.i 3ric:wAil Ara Lda:Jc;:cQicsl:.'sa...ds.a:�:aati::d,�.{ 0 11 -09 -OG COUNTIES - Shall _...._.... ._ . county (naive the county) adopt the .._. (name one of the plans liven in section 1.1-09-01)' Source: S. L. 1941, ch. l;ii, §2, obs. a; It. C. 1913, § 11-0905; S. L. 19:5, ch. 98, § j5. • 11-09-0G. Ballot for acubnlitting question of adopting the short fora; of county managership. ----Repealed by S. L. 1965, ch. 98, 3 54. .11-09-07. Vote require.—When form of government goes into effect ---When official -in office retired: --If fifty-five percent of the vote,, cast on the question of adoption of a county manager form of government are in favor thereof, it shall go into effect on the. first day of January next succeeding such election or on a later date as may be designated in this: plan or resolution. Ail elected officials then in office villose posi- tions \viil no longer be filled by. popular election shall be retired on the effective date, Source: S. I.,. 1941, ch. 131. § 2, subs. c; 1911, ch. 132, § 2, subs. c; R. C. 1913, § 11,9907; S. L. 1965, ch. 08, § 16. Callatcral Reference:;. Cot;l•,ties'7::a21, 61; Election:= -233.233. • 20 C. .1. S. Counties, §§ •l 41, 100; 29 C. 3. S. Elections, §§ 2.11-214. • I.t,gislative power to raise constitu- tional minimum of favorable votes i;t;- po9etl upon adoption of special :)roposi- tion�subinittcil to voters., 91 ALP, 10:11. Constitutional or other special propo- sition: submitted to voters, basis for computing majority essential to :.adoption of, 131 A1.1 1382. . 11-09-08. Board of county conlmissiuner6--Election- .Trill of office --Vaetncies.--l'n a county adopting any forrn oil. -county managership, the board of county commissioners shall consist of three or five mem- bers as i� provided by general statute. Members of the board of county conlrnissioners holding orifice lvhen any form of county managership goes into effect shall continue in office until the expiration of their te1'Tns. Thereafter, County COil101 sioners Slpall be elected in the manner pro'; ilex Ily general statute. Sourc4.t: . L. 19.11, ch. 131, § 17, subs. li; 1.9.11, ch. 132, § 17, su`;:;. n; P. C. 1043, § 11-0908; S. I,. 1905, eh.98, § 17. 11-09-09. Powers of 1 iard of county comruissioneri..---Failure of wit- ness to obey order of board is a mi tio'nle nor.--`I'h,2 board of county cc rnr:lis.'ioTtel s of a county which has adopted any form of county man- a1torship shall be the poli::y-determining body of the county and shall have the following powers: 1. To exercise all of the powers of the county as a body politic and corporate in the nlannor provided in this chapter. 2. To levy taxes and to appropriate county funds. lyt7,1',2-.7.7;11; x; ^7,;'Fy „t T'x�'••r.s —4'q' H'y D,'rx/Il 'Sr .a? ,..�,.s ....•,...i.,�.t.... L j; �;$,•1.r ..r.�.t;..i•..sY� su�.ril.c;! <.� r�.:tt,r..:t.:f.: ;® COU r.l•1NACt:1tSiIIr 11--0:).-11 3. To inquire into the official conduct of any officer or office under its control and to investigate -trite acco-.ints, disbursements, }>i117, and receipts of any Co -linty 'officer. For these purposes, it may subpoena witnesses, administer oath::, and require the production of Lock:,, papers, aIld other evidence. If a witness fails or refuses to obey any lawful order of the board, he shall be deemed guilty of a cla A .misdemeanor. • 4; To preserve order in its sessions and enforce rsbediene for this purpose. by fines not exceeding five dollars or by imprisonment in the county jail for not more than twenty-four hours. Source: S. L. 1941, ch. 131, §§ 3, 4, S. L. 1965, ch. 08, § 18; 1975, ch. 106, subbs. a, h, c; 1941, ..Ch. 132; §§ 3, 4, §77.; subc;s. a, b, c; R. C. 1913, § 11-09:)9; • 11-09-10. Appointment of county manager ---Tenure of office—Conl- i)el.saltion.---"'he county Manager, in a county which has .adopted either of the appointed forms of county managership, shall be appointed 'by the board of county commissioners.. He shall be. appointed with regard to merit oris', and he need not be a resident of the county at the time of lhis.appoifitlnent. No. member of the hoard shall be chosen county manager during the time. for which he .is elected ;nor shall the man- &gerial powers be•given to a person who at the same title is -filing an elective office. The llhanager shall not be a:.pp ointed for a definite tenure but shall be removable at • the pleasure' of the board. He shall devote hi,: full time to his work. His compensation :shall he fixed by the board. In the absence or disability of the manager, tha board may designate some responsible person to perform the duties of the office. Source: S. L. 10.11, ch. 131, § 6. su1:.:3- C. 19.13, §11-0310; S. L. 1065, ch. 98, b; 19•tl, ch. 132, § 6, subss. a, b; 1:. § 19. 11-09-10.1. Election of county manager—Tenure of office—Compen- sation.— Vacancy --- Removal —Recall.— The board of county commis- sioners in a county which has adopted either of the elected forms of county managership shall appoint a temporary county manager until a person shall be elected to such office at the nc:;t general election •foilotitiing the e;rective date of said form of government. The person so elected shall .take office on the first day of January following the general election arul serve fora term .cti font- years. The compensa- tion for the office shall be faxed by the board of county commissioners. A vacancy ,in the office of county manager shall be determined and filled pursuant to chamfer 44-02. The. elected county manager shall be subject to removal and recall as provided by general law for other elected county officials. : Source: 3. L. 1965, ch. 93, §10. 11-09-11. !Manager and officers attend meetings of board of county commissioners.—The county manager, and in a county adopting a county manager form of government, the directors of all departments, and all 335 rF:• 4 is :• s'.` c 3 •. !, ^.,;� *:j7IITM •!•.,..,titKjrXv{•',f • •s7414.. 11-09.12 COUNTIES other officers of the county r:hall be entitled to be present at all sessions of the board of county c;oln.m_issioncrs. The manager shall have the right to present his vicv.'s on all matters coming before the board, and the directors aIld other officers, tvhether elective or appointive, . shall be entitled to pre.:;e it their -views relating• to their resrcctive departments or offices. Source: S. L. 1941, ch. 131, §1; 1941, ch. 132, § 9; It. C. 1913, § 11-0911; S. L. 1965, ch. 03, ; 21. 11-03-12. Powers and duties of county manager.—The county man- ager of any county adopting any toren of county managership shall: 1. Serve as the administrative head of the county government and be responsible to the board of county commissioners for the proper administration of all the affairs. of the county which the board has authority to control. 2. Supervise the collection of alt revenue.;. 3. Guard adequately all expenditures and secure proper accounting of all funds. 4. Look after the physical property of the county and exercise general supervision over ail county institutions and agencies. 5. With the approval of the board of county commissioners, coordi- nate the variolas activities of the county and unify the manaL e•" nient. of its affairs. 6. Execute and enforce all resolutions and orders of the hoard .of county commissioners and see th:.lt all laws of file state required to be enforced through the board or other county officers subject to its control are faithfully executed. 7. Attend all meetings of the board of county commis sieners and recolnmend such actions as he may deem expedient. 8. Appoint all officers and employees in the administrative service of the county ex.:ept as otherwise provided in this chapter, and such employees may y be employed on a part-time, basis and .may be transferred among the different departments. 9. With the approval of the board of county commissioners, fix the compensation of all officers, both elective and appointive, and of all employee:; whom he or a subordinate appoints. 10: Have the power to _remove such officers, agents, or employees as lie may appoint, and report every appointment or removal to the next meeting of the board of county commissioners. 11. Prepare and submit the annual budget and execute the• budget in accordance with the resolutions and appropriations made by the board of county com;rirsioners. 12. Make regular monthly reports to the board of county commis- sioners in regard to matters of a(lministration, and keep the board fully advised As to the financial condition of the county. 336 t,..s.ii.:ialOd.ami%.Gd„iL.1:0,,,:a.!: ,i,a l„t,a04,_itlia.1•:.. sS,:iti;Ft..:-A“✓s.i/. eiA ::Yn :....:-tlw: 4..::•'.�s�i:.. .5::^1'.ii S..S.: Ci.�.�`>n:::. _i3::$�:t�: ate/ 0 COUNTY MANAGERSHIP 11-09-14 13. Examine regularly the books and papers of 'every officer and department of the county and report. to the board of county coinmi: >ioners the condition in which 11e find:: them, and 1 -vi may order an audit of any office at any time. 14. Perform such other duties as may l>e required of him by the board of county commissioners. Source: S. 1.. 1911, ch. 131, §§ 6, subs. subs. 3, 10, 11, subs. b; R. C. 1943, a, 7, 10, 11, subs. d; 1941, ch. §§ 6, . §11-0912; S. L. 1:iG5, ch. 93, § 22. 11-09-13. Removal of an appointed county manager. -1C the hoard of county commissioners of a county which has adopted either of the appointed forms of county managership determines to remove the manager, he shall be given, if he so demands, a written statement of the reasons alleged for the proposed removal and a right to a hearing thereon at a public meeting of the board prior to the date on which his final removal shall take effect. Prior to and during the hearing, the board may suspend the manager frorz office, but tho period of suspension shall be limited to thirty days. he action of the board in suspending or removing the manager shall not he subject to review. Source: S. 1.. 1941, ch. 131, .§ 6, subs. b; 1911, ch. 132, § 6, subs. b; R. C. 1943; § 11-0913; S. L. 1965, ch. 98, § 23. 11-09-144. Administrative activities, responsibility Of county man- ager. ----The county manager shall be responsible to the board of county commissioners for the administration of the following activities: 1. All duties now or hereafter imposed by general law on the county auditor in , the matter of assessment of property for taxation and the preparation of the tax rolls. 2. The collection of the taxes; license fees., and other revenues of the county and its subdivisions. 3. The custody of and accounting for all public funds belonging to or handled by the county. 4. The purchase of all supplies for the county except those spe- cifically excepted by this; chapter. 5. The care of all county buildings. 6. The care and custody of ali the personal property of the county. 7. The recording of dec'lls, mortgages, and other instr'1itn ;Its, ani the entry and preservation of such other public records as the law requires. 8. 'l'he construction and maintenance of county highways and bridges. ;t. Such relief and welfare activities as by general law are made county functions. ] 0. Public health work and the operation of the county hospitals. 337 C.4,17t8 tai jl f �Tcra� } S: u^^:riv'wsr ti;: ssaw ii .7.f.: y54,,,,ri ".fit a rt'%' • • aa.n•.n. cwt...-. ..+.aw ... 4. 11-09-15 d:.;i: �.ricti.:.9;LIS.'.i:..S�_,kG.i::`¢.w.:�.^ COUt:'1•IfiS 11. Such other activities of the county a:, ar net assigned she- cificaily to some (Alter othcer or agency by this chapter. Source: S. L. 1941, ch. 131, § 11, cubs. a; 19.11, ch. 132, § 11, subs. a; R. C. 1943, § 11-0914. 11-09-15. Administrative activities assigned to departments in county adopting county manager form of government. — In a county which has adopted a county manager forrn of government, the county manager shall distribute the administrative activities among the fol- lowing departments: )...Department of finance. . 2. Department of public works. 3. Department of public welfare. 'I'he board of county commissioners may establish additional depart- ments. Upon .recommendation of the county manager, any activity ;which is unassigned by this chapter shall be assigned by the board to an appropriate department and any activity so assigned may be reassigned gned to another department. Source: S. L. 1911, ch. 131, § 11, stabs. b; R. C. 1913, § 11-0915; S. L. 1965, ch. 9s § 2-1. )1-0946. Directots of ii£'p rtrnents appoint°e41.----1'he county manager in a county adopting a county manager forum of governmenat ;hall appoint a director for each department provided for or authorized by section 11-09-15. With the consent of the board of county commis- sioners, the ananager inay act as the director of one or More depart- ments or appoint one diree:,•toi• for two or more departments. Source: S: L. 1041, ch. 131, § 11, subs. c; R. C. 1923, § 11-0916; S. L. 19G5, ch. Sri, § 25. 11-09-17. Auditor --Who to act.—Except as otherwise provided in this chapter, in counties adopting a short :form of county managership, the functions imposed on the county auditor by general statute shall be perforrned by or under the direction of the county manager, and in counties adopting a county manager form of government, by the director of finance. Source: S. L. 10-11, ch. 131, § 1.7, subs. Cross -Reference. c; 1911 ch. 132, § 17, sub:,. c; . R. C. Function of county auditor, sec ch. 1913, § 11-01117; S. L. 1965, ch. 98, § 26. 11-13. 11-09-18. Slate's attorney --- Appointment --- Powers — Duties. -- The county manager of a county adopting any form of county manager- ship, with the approval of the board of county commissioner:;, may appoint a state's attorney to serve as legal adviser to the board of county commissioners .and to himself, to act as counsel for the county 33s '41i'g.'r+,'tC;wi��,t'r:.��Y.. J1 f; i',i�:n�4�.`7�."l.�i•.f ia'irR'Ly 'i':;uni!'S'�=5�. �'' .$��tsiiv ' .�CzY[+;•trt�.Rj�sxPi.6v?)-,ii 'Pc7r' atirzr....;; COUNTY MANAGERS,1111' appointed for a definite term, 91 ALR 1097. Proldbition to control action of zalaila- istrative officials as to removal of pnb- lic officers, 115 ALR 23; 159 ALR 635. Construction of statute which fixes or specifies term of cifice, but provide, for removal without cause, 119 ALU 1437. 11-09-35 Estoppel as applicable against one'3 right to hold a public office, 125 ALI1 294. Injunction ns remedy against removal of public officer, 31 ALR 2 551. 11-09-34. Bonds of county officers.—Before entering upon the duties of his office, the county manager of a county adopting any form of county managership shall furnish the county a bond in the penal sum of not less than ten thousand dollars. In counties adopting a county manager form of government, the director of finance shall furnish a bond in the penal sum of ten thousand dollars and if the county man- ager serves as the director of finance, he shall furnish a bond in the amount of twenty thousand dollars. The board of county commis- sioners may fix bonds in exces3 of these amounts and May require bonds of other county officers. Source: S. L. 105.1, ch. 131, § 13; 1911, ch. 132, §' IS; 11. C. 1043, § 11-0934; S. L. 19i.4, ch. 913, §42. CAL:ler:II References. Counties)64; Officers(%)37. 63 .AM. Jur. 2d, Public Officers and Employees, § 4:4 et seq. 20 C. J. S. Counties, § 104; 67 C. 3. S. Oincers, § 39. General bo:al, liability on, for acts covered by a special bond, 4 ALlt 1431; 140 ALR 1459. • lavalidity of desig,aation of officer or fiduciary as affecting liability, 13 ALR 274. Statutory conditions prescribed for public officer's bond as nart of bond which does not in terms includc them or which expressly excludes them, 109 ALR 501. Liability of sureties on bond of pub- lic officer affected by fac.t that it CV;,.5 not signed by him„ 110 ALI?. 959. Malfeasance in office, r.t.i)lic officer's bond as subject to forfeiture for, 4 ALR 2d 1343. . What period of limitation governs in an action against a public .orlicer and the surety on his official bond, 13 ALR 2d 1176. • Interost tine from which interest be- gins to run en, fidelity or public of- ficer's bond, 57 ALR 2d 1317. 11-05-35. Schedule of compensation. ---The county manager of a county adopting any form of county managership ha1E establish a schedule of compensation for officers and employees which shall provide uuiform compensation for lil:e service. The schedule may establish a minimum and maximum for any class, and fill increase in compensation Nvi t hi n the limits provided by any class may be granted at any time Ly the conaly manager or other appointing authority upon the basis of efliciem:y and seniority records. Source: S. L. 1911, ch. 131, § 12; 1941, ch. 132, § 12; IL C. 1913, § 11-0935; S. L. 1555, ch. 18,§ 43. Collateral References. Counties(>7)68-30; OfficersC--'93-101. 56 Am 1 ur. 2d, Municipal Corpora- tions, Counties, and Other Political Sub- divisions, § 258 et seq.; 63 Am. Jur. 2d, Public Officers and Employees, § 300 et seq. 20 C. .J. S. Counties, §§ 105-128, 147- 151; 67 C. 3. S. Oflic.ers, §§ 33-101. Administrative officer's or boa rd•s power in respect of compensution of • 0 1 1-09-36 COUNTIES public officer under statute fi::ing maxi- mum or minimum compensation, 7 .ALR 1031; 1..7 ALR 964. Priority or preference in payment of their ::al:iriez, or fees and cr:psmses, right of public officers or employees to, 9 /, `2 Discrimination because of race, color, or creed in respect of compensation of public officers or employees, 130 ALR 1512. Sick leave, right of public officers as regards, 168 ALE 47G. 11-09.36. Salary of subordinate ----Fees paid over to treasurer.—The salary of any subordinate. employee, or officer shall be set by the county manager the approval of the .board of county commissioners. Every subordinate, employee, or officer shall account for and pay into the county treasury all .fees and compensation received for any act or service rendered in his official capacity. Source: S. L. 1941, ch. 131, § 4, subs. d; 19.11, ch. 132, §1, subs. d; 11. C. 19-13, § 11.O 30. 11-09-37. County officers and employees to pay public moneys to treasurer. --All moneys received by an officer or employee of the county for the county or in connection xvith the business of the county shall be paid prolnptly into the hands of the county treasurer or the bar;i or trust company acting as county treasurer Milder the provisions of section 11-09-21. Source: S. 1. 1941, ch. 131, § 14, subs. d; 19.11, ch. 132, § 14, subs. d; R. C. 1913, § 11-0937. 11..919-38. Board of comity conunissIoners not to interfere in ap- pon inhents or removals.-•-Penalty.---In a county which has adopted :thy form of county Ir.:.tnat;ership, neither the board of county com- missioners nor any of its committees or members shall direct or request the appointment or removal of any person by the county manager or any of his subordinates nor in any manner take part in the appointment or removal of officers or employees in the administrative service of the county. Except for the purpose of inquiry or in an emergency, the board of county commissioners and its members shall deal with that portion of the administrative service over which the county nianat;er• is responsible solely through the manager..Neither the board of county commissioners nor its members shall give. orders to any subordinate of the county, either publicly or privately. Any member of the board of county commissioners who violates any provision of this section shall be guilty- of a class 2-‘ misdemeanor and, in addition to the penalty prccribed for such an offense, shall fog feit his office. nurcr: S. L. 1941, ch. 1'31, f 5; 19.11, cli. 132, § 5' R. C. 19.13, § 11 0935; S. L. 1905, :h. :P:,j 14; 1975, ch. 106, § 78. -11-09-39. Preparation and subhnksion of the budget.—On or before the sixth day of July of each year, the county manager of a county 7:t3• ;=� •jJSvY: • f RiYi?'� 3,11 • 'S; JEir-•r._.r.P3tf'i....+r..�J.-:;c��....; rtA.•m.. ...., '�,;�''� COUNTY MANAGER311IF' 11-09-11 which has adopted any form of county managership :;Ball prelru•c and submit to the board of county commissioners rt budget presenting, a financial plan for the conduct of the affairs of the county for the en- suing year. The budget shall be set up in the manner prescribed by general statute and shall be published prier to the date of its adoption by the board of county. commissioners. Published notices and hearings shall be in accordance with the general statutes. Source: S. L. 1941., ch. 131, .§ 13; 1911, Cross -Reference. ch. 132, § 13; R. C. 1943, § 11-0939; S. L. Items included in county budget, sea 1965, ch. t8, § 45. § 11-23-02. 11-09-40.. Finances --- Administration. -•-- The county manager in a county adopting a short form of county managership and the director of finance in a county adopting a county manager form of government shall have charge of the administration of the financial affairs of the county including: 1. The budget. 2. The assessment of property foo taxation. 3. The collection of taxes, license fees, other county revenues. 4. The custody of all public funds belonging to or handled by the county. 5. The control over the expenditure of the connty. G. The disbursement of county funds. 7. The purchase, storage, and distribution of all supplies, materials, equipment., and contractual services needed by any department, office, or other using agency of the County. 8. The 1`eeplag and supervision of all accounts. 9. Such other duties as the board of county commissioners by ordinance or resolution mayrequire: Sourc.,: S. L. 1941, ch. 131, § 14, sub::. Collateral References. a; 1941, ch. 132, § 14, subs. a; R. C. Countiesr'149 et seq. 1943, § 11.0910; S. L. 1965, ch. 98, § 46. 56 Ain. Jur. 2d, Municipal Corpora- tions, Counties, am! Other Political Sub- divisions, § 579 et seq. 20 C. J. S. Counties, § 222 et seq. 11-t19-41. No money drawn from treasury unless in pursuance of appropriation --.Accounts of appropriations. ----No money shall be drawn from the treasury of the county, nor shall any obligation for the oxpendit.ure of money be incurred, except iu pursuance of the annual appropriation by the board of county commissioners. Accounts shall be kept for each item of appropriation made by the board. Each account shall show in detail the appropriation made thereto, the amount drawn thereon, the unpaid obligations charged against it, and the unencumbered balance in the appropriation account. Source: S. L. 1041, ch. 131, § 14, subs. b; 1911, ch. 122, § 11, subs. b; R. C. 11143, § 11-0911. 3.15 S-.�.+^k»y;�y.. y�,a�Y fl�l'i�?` (v�k . *•P�,:',X-,1;tr {{; "4'c. 4':;1I/7. '.a: ,s+::a�:'ufueJ'_a:'-:::a:.J. ......: v::.,..•is.:...�5....: .ti3r_w5,squa.:... r. .::;.waSf,3..uNS:...C$� 2f.i...:�S:,:a..:l d::.. ...,1:::2:CSL:�:X�3f.�w_7..:YIf4:.I.a cwieZe::.ld4il:.i,:::*&+:e1 • 0 11•-0J i+? COUNTIES; I1-01)-42. Reports of financial officer to board of county commission- ers.—The county manager in counties adopting a short; form of county n1Rt;ai;crship and the director of finance in countit:s adopting a comity manager form of government shall be charged with the keeping of all general books of financial and budgetary control for all depart - ricotta and offices of tit.. county. Reports alio?' be made to him daisy, Cr as ofton as he may require, showing the receipt of all money, and the disposition thereof. The county manag,er, or in counties adopting a county m:calager form of government, the director o,: finance through the county manager, each month shall submit to the board of county commissioners a summary statement of revenues and expenses for the preceding month, detailed as to the appropriations and funds in such manner as to show the exact financial condition of the county and of each department and division thereof. Such officer shall submit once a year, or More often if the board of county commissioners requires it, a complete financial statement showing the assets and liabilities of the county_ Source: S. L. 1941, ch. 121, § 14, subs. e; 191i, ch. 1.2, §14, subs. e; R. C. 1943, §11-0942; S. L. 1965, ch. 98,'§ 47. 11-69-l3. Books of officers, manager, director of finance audited. -- The board of county commissioners •of a county adopting any form of comity managership shall require an annual audit of the books of every county office;.' wito handles public funds to be made by an ac -- comitant Who is not a regular officer or employee of the county incl who is thoroughly qualified by tra:ming and experience. Any audit ser : ice provided by the state, whether at the expense of the state or the county, shall satisfy the requirements of this section. Either the board of county commissioners or the county manager, at any thee, nava, order an. examination or audit of the accounts of any oilcot or department of the county government. Upon the death, resignation, removal, or expiration of the terra of oilice of any officer of the county, the Couoty manager, or the director of finance in a county adopting a comity manager form of gover.•rtmen1, shall cause to be made an audit and investigation of the accounts of such officer and shall report the result thereof to the board of county commissioners or if the audit is made '..Uy the director of finance, to the county manager and the bo:ard of county cr111miSSiu3:cr. In case of the death, resigna- tion, or removal of the county manager or the director of finance, the board of county commissioners shall cause an audit of his accounts to be made. If, ac, a rca,ult of any such audit, an officer is found indebted to th:: county, the board of county commissioners shall proceed to collect ouch indebtedness forthwith. Source: S. L. 1941, ch. 131, § 14, subs. f; 1941, ch. 132, § 14, subs. f; it. C. 1913, ;01:0913; :0:113; S. L. 1965, ch. 98, § 48. 3•iti YJ,g;1: ,n^•••.: f 1 r'C.ar•..S,s Wri7 `C.T"' 'T " ilk .Sd� LI,ra9.:ar�'. .+tii.... YWItJ• . La.Ji.'.. Jb,tlf.11.i� COUNTY MANAGERSHIP ' 11-O9-16 11-0-14. Purchasing agent -- Powers and duties --- S il,plie:t pur- chased ou bids --Sale of supplies. ---The county manager Of a county atdopt.ing a short form of county managership or the director of finance of a county adopting a county manager form of government• _hall act purcha. ing ae-cnt or shall appoint and have supervision Over this GfilClftl. The purchasing agent :.mall make all purchases for the county in the manner provi(ied by the board of county commissioners. }Ie :-n._,y make transfers of supplies,, materials, and equipment between dcpartrneni.s and offices, and may sell any surplus supplies, materials, or equipment and make such other sales as are authorized by the board of county commissioners.. With the approval of the board, he may establish suitable specifications or standards for all supplies, materials, and equipment to be purchased by the county and may inapect all deliveries to determine their compliance with such specifica- tions and standards. He shall have charge of such storerooms and warehouses of the county as the board of county commissioners may provide, Before making any purchase or sale, the purchasing agent shall invite competitive bidding under such rules and regulations as the board of county commissioners may establish by ordinance or resolution. The purchasing agent shall not furnish any supplies, ma- terials, equipment, or contractual services to any department or office except upon receipt of a properly approved requisition and unless there is an unencumbered appropriation balance sufficient to pay for the sante. Source S. L. 1941, ch. 131, § 14; subs. g; 19.11, ch. 1.32, § 14, subs. g; R. C. 1743, § 11.-0944; S. L. 11)05, ch. 98, § 49. 31-O9-15. Public works ---Who in charge---JJuties: —The county man- ager in counties adopting .a short form of county managership and the director of public works in counties adopting a county manager form • of government shall have charge of the construction and maintenance of county roads and bridges, county drailis and other public works, pl'alie buildings, storerooms, warehouses, and su li equipment and L;Upi)iies as the board of county. commissioners rnav authorize. Ile shall perform such other duties as the board may prescribe. source: S. L. 11+ 11., ch. 131, § 15; 194I, ch. 132, § 15; R. C. 10.13, § 11-0915; S. L. 1905, cif. 08, § 50. 11-09-•16. Public welfare ----Who iii charge--Duties,--The county I1331n- ager in counties adopting a short orrn of county -managership and the director of public welfare in couldic. adopting a county manager form of government shall have charge of hospitals, charitable and correc- tional in:.l.ituticros, parks and playgrounds, public health, and the relief and welfare activities imposed upon counties by general statutes. 347 11•'09-47 iLS:;.1.t.4'-uW.2. i9�..��D.... COUNTIES He shall perform such other duties relating to public welfare as the board of county commissioners may prescribe. Source: S. L. 1011, ch. 131., §.I6; 1941, ch. 132, § 16; R. C. 1943, § 11-0046; S. L. 1965, ch. 93, § 51. 11-09-47. Interest in contracts by officers and employees prohibited. --No member of the. board of county commissioners or other officer or enmployee of a county which has adopted any form of county n:hnager- sl:ip: and no person receiving, a salary or compensation from funds appropriated by the county, shall be interested, directly or indirectly, in any contract to which the county is .a party, either as principal, surety, or otherwise. No such officer or employee or his partner, agent, servant, employee, or the firrn of which he is a member, shall purchase from•or Sell to the county any rail or personal property, nor shall he be interested, directly or indirectly, in any work or service to be performed for the county or in its behalf. Any contract made in violation of the provisions of this section shall be void. Source: S. L. 1941, ch. 131, § 19; 1041, 20 C. J. S. Counties, § 192. cl:. 132, § 19; R. C. 1943, § 11-0947; S. L. Necessity as justifying action by ad - 1965, ch. 93, § 52. ministrative officer oth rwise dis�uall- Colla feral References. Pied to act iu particular case, 39 A.l.l1 Counties122 (2). 1416. • 56 Am. Jur. 2d, Municipal Corpora - on of governmental board voting on measure involving his personal in- flow', Counties, and Other Political Sub- divisions,terest,ALR §§ 204-303; 63 Am. Jur. 2d, Public. Officers and Employees, §§ 231, 312-318. • i1 -09-4S. Election as to retentionn-of plan.—At any time after any form of county managership has been in force in a county for a period of four years, the board of county commissioners may submit, and, when petitioned to do sol at least ninety days before a primary election by at least twenty-five percent of the qualified electors of the county as determined by the total number of vote: cast for the office of gover- nor at the last general election, shall submit to the electors at a primary election the question of whether or not the county manager plan in force shall be retained. If fifty-five percent of the legal votes cast on such question at the primary election shall be against retaining such plan, it shall cease to be operative on the first Monday in. January next succeeding the primary election, and the county shall revert to the plan of government in force prior to the adoption of the county managership. Thereafter, the provisions of this chapter shall not be applicable in such county until after another compliance with its terms. When the petition has been filed, candidates for all county offices re- quired under the plan in force prior to the .adoption of the county managership may file nominating petitions. If fifty-five percent of the legal Votes cast on the question are against retaining the comity Illan- ag-er plan, the candidates nominated at the primary election shall be .;, 348 ,33 /V VIG7P7" TITLE 1I --COUNTIES Chapter 11-09 County Managership, § 11-09-02.1. 11-10 General Provisions, §§ 11-10-05, 11-10-10. 11-10.1 County Director of Tax Equalization, §§ 11-10.1-01, 11-10.1-05, 11-10.1-07. • 11-11 Board of County Conlmissione s, §§ 13.41-14, 11-11-13, 11-11-26, 11-11-39. 11-13 County Auditor, § 11-13-17. 11-14 County Treasurer, § 1.1-14-16. 11-15 Sheriff and County Constable, . 1.1.-15-01.1, 11-15-02, 11-15-07, 11-15-29. 11-1.6 State's Attorney, § 11-16-05. 11-17 Clerk of District Court, §S 11-17-08, 1.1-17-09. 11-18 Ilegister of Deeds, §§ 11-18-05, 11-18-17 [g 11-18-05.1 Re- pealed]. 11-19 County Coroner, § 1149-19. 11-19.1 Medical County Coroner, §§ 11-19:1-06, 11-19.1-07, i 1.-19.1-11, 11.40.1-13, 11-19.1-16. 11-23 County Budget, § 11-23-02.- 11-26 1-23-02.11.-26 County Debt Adjustment Board [§ 11-26-07 Superseded]. 11-28.2 Recreation Service Districts, §§ 11-28.2-01, 11-28.2-02. 11-28.3 P.ural Ambulance Service Districts, §§ 11-28.3-01 to 11-28.3-14, 11-32 Memorials, § 11-32-01. 11-33 County Zoning, §§ 11-33-08 to 11-33-10, 11-33-20. CHAPTER 11 -09 -COUNTY. MANAGERSHIP Section 11-O9-02.1 Petition --Question submitted to electors. 11-09-02.1. Petition -Question submitted to electors. -Upon a peti- tion filed with the county auditor at least ninety days in advance of any countywide election signed by not less than ten percent of the qualified electors of the county as determined by the total number of votes cast for the office of governor at the last general election, asking that an election be held on the (luestion of the adoption of one of the forms of county managership and specifying which of the forms is to be sub-. -milted, the board of county commissioners shall submit the question at the next regular primary or general election. Source: N.D.C.C.; S. L. 1977, ch. 87, § 1. 15 CONSOLIDATED OFFICE FORM OF GOVERNMENT 11-08-15 Source: S. L. 1941, ch. 130, § 3; R. C. Cross -Reference. 1943, § 11-0815. Removal proceedings, sec chs. 44-10 and 4441. Section 11-09-01 County manager —Forms. 11-09-02 Board of county commission- ers to submit plan to elcc- torate. 11-00-02.1 Petition—Question submitted to electors. 11-09-03 Board of county commission- ers may submit plan. 11-00-04 Notice of election—How eloe. tion held---Canvass--Return. 11-09-05 ]allot for submitting question of the adoption of one of the county manager forms of government. Ballot for submitting question of adopting the short form of county man agershil)--I e- peakd. 11-09•-07 Vote required—When form of government goes into effect —When official in office re- tired. 11-09-03 Beard of county commission- ers—Election—Term ommission- ers—Election—Term of of- fice—Vacancies. 11-09-09 Powers of board of county cornmissioners — Failure of witness to obey order of board is a misdemeanor. 11-00-10 Appointment of county man- ager -- Tenure of office -- Compensation. .11-00-10.1 Election of county rnanager —Tenure of office --- Com- pensation — Vacancy---I.e- nioval—Recall. 11-09-11 Manager and officers attend meetings. of board of coun- ty commissioners. 11-09-12 Powers and duties of county manager. 11-0'J-13 Removal of an- appointed county manager. 11-09-14 Administrative activities, re- sponsibility of county man- ager. CHAFFER 11-09 COUNTY MANAGERSHIP Section 11-09-15 government 11-09-00 11-09-16 . . pointed. 11-09-17 Auditor—Who to act. 11-09-18 State's attorney -- Appoint.- ment—Powe: s ---Duties. Sheriff — Election ---- Ap- pointment—Duties—Powers. p- pointment—Duti.s—Power.s. Tre?.surer —Who tc, perform f unctions. • •Dusi.rn;ttion of depository in lieu of Appointment of treasurer. 11-09-22 County judge ---- Election or appointment—Duties. 11-09-23 Clerk of the district court. -- W ho shall act. 11-09••24 County superintendent of schools — Election or ap- pointment—Duties. 11-09-25 Register of deeds—Who to act. • 11-09-20 Constable—Office abolished— Who to perforin duties, 11-09-27 Coroner — Office abolished — Who to perform duties. 11-09-28 County justice — Office abol- ished—Who to perform du- ties—Repealed. 11-09-29 Public adniinistrctor -- Office abolished—Who to perforin duties. 11-09-30 Surveyor Office abolished —Who to perform duties. 11-0941 When not clear who is to • exercise power, board of county commissioners des- ignate officer. ' 11-09-32 Appointment of subordinates --Terms of office. 11-09-33 Removal of subordinate offi- cers and employees,. 11-09-34 Bonds of county officers. 11-09-25 Schedule of compensation. 11-09-30 Salary of subordinates --Fees paid ever to treasurer. Administrative activities as- signed to departments in county adopting county manager farm . of govern- . ment. Dieec.tcrs of departments ap- 11-09-1.0 11-09-20 11-09-21 831 11-09-01 Section 11-09-37 County officers and employees 11-09-43 Boc:ks of ofiicers, manager, di - to pay public moneys to rector of finance audited. treasurer. 11-00.44 rut chasing agent -- Po:were 11-09-38 Board of county commission- and duties — Supplies pur- er- not to interfere in rip- chased on bids -- Sale of pointments or removals — supplies. Penalty. 11-09-45 Public works—Who in charge 11-09-39 Preparation and submission of —Duties. the budget. 11-09-46 Public welfare — Who in 11-09-40 Finances—Administration. charge—Duties. 11-09-41 No money drawn from tress- 11-09-47 Interest in contracts by off'i- ury unless in pursuance of cars and employees pro- appropriation-- Accounts of hibited. appropriations. 11-09-48 Election an to retention of 11-09-42 Reports of financial officer to - plana board of county commis- sioners. COUNTIES Section 11-09-01. County manager government .--- Form.s.— Any comity in this state is authorized to adopt one of the following county manager forms of government: 1. Short form of county managership with the office of county manager to be an appointed office. 2. County manager form with the office of county manager to be an appointed office. 3. Short form of county managership with the office of county manager to be an elected office. 4. County manager form With the office of county manager to he an elected office. • - The procedure for adopting any one of these forms of government shall be as is provided in this chapter. Unless otherwise expressly indicated, the provisions of this chapter shall apply to all the forms of county managership. Source: S. L. 1941, ch. 131, § 1; 1941, ch. 132, § 1; R. C. 1943, § 11-0901; S. L. 1505, ch. 98, § 12. 11-09-02. Board of county commissioners to submit plan to elector- ate.—Whenever a county managership form of government plan as pro- vided by this chapter is submitted to a board of county commissioners pursuant to chapter 11-05.1, the board of county commissioners :hail submit the question of adopting such plan to the qualified electors of the county at the next primary election in the manner hereinafter provided. Source: S. L. 1941, ch. 131, § 2, subs. a; 1941, ch. 132, § 2, subs. n; R. C. 1043, § 11-0902; S. L. 1065, ch. 98, § 13. Collateral References. CountiesC21; E!ectionsC='33 /... 20 C. J. S. Counties, §§ 43, 44; 29 C. J. S. Elections, § 69. Nonregistration as affecting one's qualification as signer of petition for special election, 100 AL1: 1308. 332 - COUNTY MANAGERSHIP 11-09-05 11-09-02.1. Petition—Question submitted to electors. ---Upon a peti- tion filed with the county auditor at least ninety days in advance of any county -wide election signed by not less than twenty-five percent of the qualified electors of the county as determined by the total _num- ber of votes cast for the office 'of governor e.t the last general election, asking that an election be held on the question cf the adoption of one of the forms of county managership and specifying which cf the forms is to he submitted, the board of county commissioners shall submit the question at the next regular primary or general election. Source: S. L. 1975, ch. 86, § 1. 11-09-03. Board of county commissioners may submit plan. ---The question of the adaption of any county manager forms of government may be submitted not,viths.-anding the p.rovirions of chapter 11-05.1 by the board of county commissioners 'by a resolution adopted by the affirmative vote of not less than two-thirds of the entire board. Such resolution shall clearly designate which forrn of government :;hall be submitted. Source: S. L. 1941, ch. 131, § 2, subs. a; 1941, ch. 132, § 2, subs. a; R. C. 1913, § 11-0903; S. L. 1965, ch. 98, § 14. 11-09-04. Notice of election ---How election held.-•-Canvae?—Ieturn. —The county auditor shall publish once each work for four successive weeks prior to the election at which the question is to be submitted, in the official laevo spaper of the county, a notice of the election on the question of the adoption of a county manager form of government. The notice shall specify which form of county managership is to be submitted to the electors. The election upon such question shall be held and conducted and the votes canvassed and returned in the manner provided for the election of county officers at a general election. Source: S. L. 1911, ch. 131, § 2, subs. election an mandatory or directory, 119 b; 1941, ch. 1;32, § 2, subs. b; R. C. 19.13, ALR 661. § 11-0904. Special election, validity of, as af- Collateral References. CountiesCr 21; Elections`v 39 12. 23 'C. J. S. Counties, §§ 43, 44; 29 C. J. S. Elections, §§ 71-75. Comment note: 'Statutory provision as to ti.snner and time of notice of special fected by publication or dissemination of matter or information extrinsic to the question as submitted, regarding nature or effect of the proposal, 122 ALR 1142. Failure of officer to give notice of election as a punishable offense, 134 ALR 1257. 11-09-05. Ballot for submitting question of the adoption of one of the county manager forms of government. ---The ballot to be used at an election on the question of the adoption of one of the county manager forms of government shall be in substantially the following form: 333 11-09-0G Shall _ • county (name the county) adopt the • (name one of the clans given in section 11-09-01) ? Yes• --- ❑ No_ --- - -- ❑ Source: S. L. 10.11, ch. 131, § 2, sub;;. a; It C. 1943, § 11 0005; S. L. 1965, ch. 98, § 15. COUNTIIsS 11-09-06. • Ballot for submitting question of adopting the short form- of ormof county rnanagership.—Repealed by S. L. 1965, ch. 98, § 54. - . : 11-09-07. Vote required—When form of government goes into effect —When official in office retired.—If fifty -rive percent of the votes cast on the question of adoption of a county manager form of government are in favor thereof, it shall go into effect on the first day of January next succeeding such election or on a later elate as may .be designated in the plan or resolution. All elected officials then in of i. e whose posi- tions will no longer be filled by popular electon :iall be retired on the effective date. Source: S. L. 1941, eh. 131, § 2, subs. c; 1941, ch. 132, § 2, subs. c; R. C. 1943, § 11-0907; S. L. 1955, ch. 9S, § 16. Collateral References. CountiesG 21, 01; Elections�235-238. 20 C. J. S. Counties, §§ 43, 44, 100; 29 C. J. S. Elections, §§ 241-244. Legislative power to raise constitu- tional minimum of a.vurable votes im- posed upon adoption of special proposi- tion submitted to voters, 91 ALR :021. Constitutional or other special propo- sition. submitted to voters, basis for computing majority essential to adoption of, ]31 ALR 1382. 11-09-08. Board of county commissioners--Election--.'Perm of office —Vacancies. --In a county adopting any form of county managership, the board of county commissioners shall consist of three or five mem- bers as is provided by general statute. Members of the board of county commissioners holding office when any form of county managership goes into effect shall continue in office until the expiration of their terms. Thereafter, county commissioners shall be elected in the manner provided by general statute. Source: S. L. 19-11, ch. 131, § 17, subs. n; 1911, ch. 132, § 17, subs. n; R. C. 1943, § 11-0908; S. L. 1995, ch. 98, § 17. • 11-09-09. Powers of hoard of county commissioners—Failure of wit- ness to obey order of board is a misdemeanor.—The board of county commissioners of a county which has adopted any form of county man- agership shall be the policy -determining body of tho county and shall have the following powers: 1. To exercise all of the powers of the. county as a body politic and corporate in the manner provided in this chapter. 2. To levy Mixes and to appropriate county funds. 334 COUNTYMANAGERSHIP - 1.1-0J-11 3. To inquire into the official conduct of any Officer or office under its control and to investigate the accounts, disbursements, bills, and receipts of any cuunty officer. For theec purposes, it may subpoena witnesses, acln'iinister oaths, and require the production of books, papers, and other evidence. If a witness fails or refuses to obey any lawful order of the board, he shall be deemed guilty of a class A misdemeanor. . 4. To preserve order in its sessions and enforce obedience for this purpose by fines not exceeding five dollars or by imprisonment in the county jail for not _more than twenty-four hours. Source: S. L. 1941, ch. 121, §§3, 4, S. L. ME:, ch. 98; § 18; 1975, ch. 106, subss. a, b, c; 1941, 'ch. 132, §§ 3, 4, § 77. subss. a, b, c; R. C. 1943, 311-0909; 11-09-10. Appointment of comity manager ---Tenure of case- Com—pensation.--The county manager, in a county which has .adopted either of the appointed forms of county managership, shall be appointed by the board of county. commissioners. He shall be ppointed with regard to merit only, and he need not be a resident of the county at the ti_nie of his appointment. No member of the flea d shall be chosen county niannger during the time for which he is elected nor shall the mae- agerial powers be given to a person who at the same time is filling an eleetive ofce. The manager chail not be appointed fora definite tenure but shall be razor+ivable at the pleasure of the board. He shall devote his full time to his work. His compensation shall be fixed by the board. In the absence or disability of the manager, the board may designate some responsible person to perform the duties of the office. Source: S. L. 1041, ch. 131, § 6, subss. C. 1943, §11-0910; S. L. 1965, ch. 98, a, b; 1941, ch. 132, § 6, subss. z, b; ?3. § 19. 11-09-10.1. Election of county manager—Tenure of office—Compen- sation — Vacancy — Removal -- Recall. — The board of county commis- sioners in a county which has adopted either of the elected forms of .county nlanager:!1iip shall appoint a temporary county manager until a person shall be elected to such office at the next general election following the effective date of said :form of government. The person so elected shall .take office on the first .day of .January following the general election and serve for a term of four years. The compensa- tion for the office shall be fixed by the board of county commissioners. A vacancy in the office of county manager shall be determined and filled pursuant to chapter 44-02. The elected county man ;ger shall be subject to removal and recall as provided by general law for other elected county officials. • ' Source: S. L. 1965, ch. 98, § 20. 11-09-11. Manager and officers attend meetings of hoard of county commissioners. --The county manager, and in a county adopting a county manager form of government, the directors of all departnients,.and all 335 11-09-12 COUNTIES other officers of the county shall be entitled to be present at all sessions of the board of county commissioners. The manager shall have the right to present his views on all matters earning before the board, and the directors and other officers, whether elective or appointive, shall be entitled to present their . views relating to their respective departments or offices. Source: S. L. 1341, ch. 131, § 9; 1941, ch. 132, § 0; R. C. 1943, § 11-0011; S. L. 1965, ch. 93, § 2L 11-09-12. Powers and duties of county manager.—: -The county man- ager of any county adopting any form of county managership shall: 1. Serve as the administrative head of the county government and be responsible to the board of county commissioners for the proper administration of all the affairs of the county which the board has authority to control. 2. Supervise the collection of all revenues. 3. Guard adequately ali expenditures and secure proper accounting of all funds. . 4. Look after the physical property of the county and exercise general supervision over all county institutions and agencies. 5. With the approval of the board of county commissioner$, coordi- nate the various activities of the county and unify the manage- ment of its affairs. 6. Execute and enforce all resolutions and orders of the board of county commissioners and see that all laws of the state required to be enforced through the board or other county officers subject to its control are faithfully executed. 7. Attend all meetings of the board of county commissioners and recommend such actions as he may deem expedient. 8. Appoint all officers and employees in the administrative service of the county except as otherwise provided in this chapter, and such employees may be employed on as part-time basis and may be transferred among the different departments. 9. With the approval of the board of county commissioners, fix the compensation of all officers, both elective and appointive, and of all employees whom he or a subordinate appoints. 10. Have the power to remove such officers, agents, or empioyees as he may appoint, and report every appointment or removal to the next meeting of the board of county commissioners. 11. Prepare and submit the annual budget and execute the budget in accordance with the resolution:; and appropriations made by the board of county commissioners. 12. Make regular monthly reports to the board of county commis- sioners in regard • to matters of administration, and keep the board fully advised as to the financial condition of the county. 336 COUNTY MANAGERSHIP 11-09-14 13. Examine regularly the books and papers of every officer and department of the county and report to the board of county commissioners the condition in which he fi-ids them, and he may order an audit of any office at any time. 14. Perform such other duties as may be required of him by the board of county commissioners. Source: S. L. 1941, ch. 131, §§ 6, subs. subs. a, 7, 10, 11, subs. b; R. C. 1943, a, 7, 10, 11, subs. d;' 1941, ch. 132, §§ 6, §11-0912; S. L. 1965, ch. 98, § 22. 11-09-13. Removal of an appointed county inane&ger.--.If the board of county colnrn..issior.ers of a county which ha:3adopted either of the appointed forms of county managership determine;3 to remove the manager, he shall be given, if he so derriands, a w:itten statement of the reasons alleged fcr the proposed removal alld a rills,: to a hearing thereon at a pnblic meeting of the board prior to the date on which his final removal shall take effect. Prior to and during the hearing, the board may suspend the manager from office, but the period of suspension shall be limited to thirty days. The action of the board in suspending or removing the manager shall not be subject to review. Source: S. L. 1941, ch. 131, § 0, subs. b; 1941, ch. 132, § 6, subs. b; R. C. 1943, § 11-0913; S. L. 1965, ch. 98, § 23. 11-09-14. Administrative activities, responsibility. e county man- ager. ---The county manager shall be responsible to the board of county commissioners for the administration of the following activities.: 1. All duties now or hereafter imposed by general law on the county auditor in the matter of assessment of property for taxation and the preparation of the tax rolls. 2. The collection of the taxes, license fees, and other revenues of the county and its subdivisions. 3. The custody of and accounting for all public funds belonging to or handled by the county. 4. The purchase of all supplies for the county except those spe- cifically excepted by this chapter. 5. The care of all county buildings. 6. The care and custody of all the personal property of the county. 7. The recording; of deeds, mortgages, and other instruments, and the entry and preservation of such other public records as the law requires. 8. The construction and maintenance of county highways and bridges. 9. Such relief and welfare activities as by general law are made county function;;. 10. Public health u-ork and the operation of the county hospitals. 337 11-09-15 COUNTIES 11. Such other activities of the county as are not assigned spe- cifieally to some other officer or agency by this chapter. Source: S. L. 1941, ch. 131, § 11, subs. • a; 1911, ch. 132, § 11, subs. a; R. C. 19.13, § 11-0914. 11-09-15. Administrative activities . assigned to departments in county adopting county manager form of government. — In a county which has adopted a county manager form cf government, the county manager shall distribute the administrative activities among the. fol- lowing departments: 1... Department of finance. 2. Department of public works. 3.- Department of public welfare. The board o:' county commissioners play establish additional depart- ments. Upon recommendation of the county ,manager, any activity which is unassigned by this chapter shall be assigned by the board to an appropriate department and any activity soassigned may Le reassigned to another department. Source: S. L. 1941, ch. 131, § 11, subs. b; R. C. 1943, § 11-0015; S. L. 1965, ch. 98, § 2.1. 11-09-16. Directors of departments appointed.—The county manager in a county adopting a county manager form of government shall appoint a director for each- department provided for or authorized by section 11-09-15. With the consent of the board of county commis- sioners, the manager may act- as the director of one or more depart- ments or appoint one director for two 01• more departments. Source: S. L. 10-41, ch. 131, § 11, subs. c; 11. C. 1943, § 11-0916; S. L. 1963, ch. 98,§ 25. 11-09-17. Auditor—Who to act.—Except as otherwise prowled in this chapter, in counties. adopting a short form of county managership, the functions imposed on the county auditor by general statute shall be performed by or under the direction of the county manager, and in counties adopting a county manager form of government, by the director of finance. Source: S. L. 19-11, ch. 131, § 17, subs. Cress -Reference. c; 1941, ch. _ 1:12, § 17, subs. c; R. C. Function of county auditor, see. ch. 19.43, § 11-0917; S. L. 1.965, ch. 93, § 26. 11-13. 11-0948. State's attorney --- Appointment — Powers Duties. — The county manager of a county adopting any form of county manager- ship, with the approval of the board of county commissioners, may appoint a state's attorney to serve as legal adviser to the board of county commissioners and to himself, to act as counsel for the county 338 No. 2S31 OI' S(.)(7'I'I1 ANI) PER.In.ENT LAWS --1975 ARTICLE 4 NC.1.-ADM1N1STI:ATOR T'C1 1M O1 COLN`I'Y GOVERNMENT 709 (Form No. 3) Section 1-1-37-10. The council in those counties ad.lopting the council -administrator form of govcrn:rtent provided for iu this: article shall consist of not less than three nor more than twelve members • who are qualified electors of the county. Council members shall be elected in the general election for terms of twn or four years com- mencing on the first of January next following their election. Section 1.4-37-41. The council shall employ an administrator ,dho shall be the administrative head of the county government and shall be responsible for the administration of all the departments of the count: goveInment which the council has the authority to control. Ile shall be employed with regard to his executive and administra- tive qualifications only, and need not be a resident of the county at the time of his employment. The term of employment of the ad- mi12istrator shad be at the pleasure of the council and he shall be entitled • to sncli compensation for his services as the eonucil may determine. The council may, in its discretion, en:plo - the adminis- trator for a definite term. If the council determines to remove the county administrator, he shall he given a xvrittcn statcmc•ut cif the reasons alicoccl for the proposed removal and the right to a lie;o.ir,g thereon at a nublir •meeting of the council. Within five days alter tLc notice of removal is delivered to the administrator he may file r: illi the council a N•; ritten request for a public hearing. This hearin shall he held at a cLuncil meeting not earlier than twenty days nor lacer than thirty days after the request is tiled. The administratitr may file with the council a Nvrit ten reply not Iater than five days 1 efore the hearing. Che re:inuval shall be stayed pending the decision at the public hearing. Section 14-3742. The powers and duties of .the :ni ninistrator shall include, but not be limited to, the following: (1) to serve as 'the chief administrative officer of the county governnlnnt; (2) to execute the policies, directives and legislative actions of the council ; (3) to direct and coordinate operational agencies and adminis- trative activities of the county government; 710 STATUTES Al' I,ARGI., CINrIAI, AND PIIIIANI:NT LA WS --1975 [No. 283 (4) to prepare annual operating and capital improvement bud- gets for submission to the council and in the exercise of these responsibilities he shall be er:ipoe;ered to require such releor-ts, esti- mates and statistics on an annual car periodic basis as he deems ne•_cssary from all county departments and agencies; (5) to supervise the expenditure of appropriated funds; (6) to prepare annual, monthly and ether reports for council on fTuanr_cs and administrative activities of the county; (7) to be' responsible for the administration of county personnel policies including salary and classification plans approved by council; (2) to be responsible for employment and discharge of personnel subject to the provisions of subsection (7) of Section 1 1-3703 and subject to the appropriation of funds by the council for that purpose; and (9) to perform such other duties as may be required by the council. • Section 14-3743. • The county administrator shall prepare the pro- posed operating an capital budgets and submit thein to the council at such time as the council determines. At the time of submitting the proposed budget, the county administrator shall submit to the council a statement describing the important features of the proposed budgets including all sources of anticipated revenue of the county government and the amount of tax revenue required to meet the financial requirements of the county. Section 14-3744. With the exception of organizational policies established by the governing body, the county administrator shall exercise no authority over•any elected officials of the county whose offices were created either by the Constitution or by the general law of the State. Section 14-3745. 1 xcept for the purposes of inquiries and in- vestigations, the council shall deal with county officers and employees \rho are subject to the direction and supervision of the county ad- ininistrator solely through the administrator, and neither the council nor -its members shall give orders or instructions to arty such officers or employees. Section 14-3746. Except as specifically provided for in this arti- cle, the structure, . ori,• ini ration, pourers, duties, functions and re- sponsibilities of county government under the council -administrator forst shall he as prescribed in Article 1 of this chapter. No. 2631 C)1 SOU'i'If CAI“.)l.lN:\ 711 GENERAL AND PERMANENT LAW5--1V: 5 ARTICLE 5 COI NCIL-MANAGER FORM O1' C:OUN fY GOVERNMENT 1.'orIn No. 4) Section 14-3770. The council in those counties adopting the council-manager form of government provided for in this article shall consist of not less than five nor more than twelve members who are qualified electors of the county. Council members shall he elected in the general election for terms of two or four years com- mencing on the first of January next following their election. Section 1-1-3771. The council shall employ a manager who shall be the administrative head of the county government and shall be responsible for the administration of all the departments of the county government which the council has the authority to control. He shall be employed with regard to his executive and administrative quali- fications only, and need not be a resident of the county at the time of his employment. The terns of employment of the manager shall be at the pleasure of the council and he shall be entitled to such corn- pensatiOn for his services as the council may determine. The coun- cil may, in its discretion, employ the manager for a definite term. If the council determines to remove the county manager, he shall be given a written statement of the reasons alleged for the proposed removal and the right to a hearing thereon at a public meeting of the council. Within five days after the notice of removal is delivered to the manager, he may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than twenty days nor later than thirty days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing. The removal shall he staved pending the decision at the public° hearing. Section 14-3772. The powers and duties of the manager shall include, but nor be limited to, the following: (1) to setve as the chief administrative_ officer of the county government; (2) to cxe:'ute the policies, directives and legislative actions of the council; (3) to direct and coordinate operational agencies and admin- istrative activities of the county government; 1' 712 STATUT(f,S AT LARGE [No. 283 GENERAL AND PERMANENT LAws---1975 (.1) to prepare annual operating and capital iniprovierucr.t 'ind- ucts for submission to the council and, in the exercise of that a t;thor- ity, he s1 ail be empowered to require such reports, estimatrs and statistics on an annual or periodic basis as he deems r:eccs,:ary from all county departments and agencies for the performance of his duties . in budget preparation; (5) to supervise the expenditure of appropriated funds; (6) to prepare annual, monthly and other reports for council on finances and administrative activities of the county; (7) to be responsible for the administration of county personnel policies including salary and classification plans approved by council; (8) to he responsible for employment and discharge of personnel subject to the provisions of subsection (7) of Section '14-3703 and subject to the appropriation of funds by the council for that purpose; and (9) to perform such other duties as may be required by the council. Section 14-3773. The county manager shall prepare t'.e proposed operating and capital budgets and submit them to the council at such time as the council determines. .At the time of submitting. the pro- posed budget, the county manager shall submit to the council a statement describing the important features of the proposed budgets incinelit: ; all sources of anticipated revenue of the county govern- ment and the amount of tax revenue required to meet the financial requirements of the county. Section 14-3774. With the exception of organizational policies established by the governing body, the county ntana.g r shall exercise no authority over a.ny elected offt'_ials of the county. Excc1:i for the -purposes of inquiries and investigations, neither the council nor its members shall give orders or instructions to county officers or employees. Section 14-3775. The county treasurer and county auditor, or their counterparts, by whatever terms those officials are designated may he elected or appointed by council as the council may determine. by ordinance. If such officials are appointed, they shall be subject to control by council and the manager in the same manner as ether appoint(d county department heads. Section 14-3776. Except as specifically provided for in this arti- cle, the structure, organization, powers, duties, functions and respon- No. 283] OF SOUTH CAROLINA 713 G>:NI BA1. AND YkRMANF:NT I,AWS--1975 •sibilities of county government under the council-manager form shall be as prescribed in Article 1 of this chapter. ARTICLE 6 COUNTY BOARD OF CO!.4MISSIONERS FORM OF COUNTY GOVERNMENT. (Form No. 5) Section 14-3735. The governing body in those counties adopting the county hoard of commissioners form of government provided for in this article shall consist of not less than four nor more than twelve commissioners, as may be determined by the General Assembly for each county electing to adopt the fonat of government provided for in this article, all of whom shall be. qualified electors of the :ounty. Section 14-3785.1. Those counties presently electing the super- visor shall continue to do so and he shall serve as chairman of the board of commissioners. Those counties presently hiring or appoint- ing the supervisor or administrator shall continue to do so. Method of election and terms of office of either two years or four years for the supervisor and board of commissioners shall be as the General Assembly shall provide when a form of government is selected for the county concerned. In the event terms for commission members are established for four years, terms of office shall be staggered so that not more than one-half of the board of commissioners shall bA elected at any single general election except' the initial election at which time one-half of the membership shall be elected for two years only. . Terms shall commence on the Monday following their election. Vacancies shall be filled in the same manner for the unexpired portion of the term only. Provided, that any vacancy having less than one year of the term remaining shall be filled in the manner provided for boards, committees and commissions in Section 14-3785.10. Section 14-3785.2. The county board of commissioners shall be the governing body of the county. The board shall be charged with the administration of county affairs, including but not limited to: (a) The hearing of all budget requests and the submission of a. proposed annual budget for the operation of the atfrairs of the county which shall be submitted to the General Assembly not later than March fifteenth for appropriate action. • pEC1 R:�D wto /vs7-7/7'- O O The executive (mayor) may, in his discretion, remove a managin:* director after notice and an opportunity to be heard. Prior to removing a manag:i.ng director, the executive (mayor) shall first file written notice of his intention with. the co ncil, . and such removal - shall become effective on the twentieth day after the filing of such notice. ARTICLE VIII OPTIONAL PLAN: COUNCIL-MANAGER PLAN A. Foran of Government: Elected Officials Section 801. The form of government provided in this article shall he known as the "Council -Manager Plan" and d shall, together with Articles IV and XII, govern any municipality, the voters of which have adopted this plan pursuant to this act. Section 802. Each municipality under this article shall be governed by an elected council one member of which shall be the mayor, or president of council, or chai pian chosen as provided in Sections 213 and 811, an elected district attorney in the case of counties, and appointed municipal manager, and, when recommended by the government study corLmission and adopted by the voters an elected treasurer, an elected controller and by such other officers and employes as may be duly appointed pursuant to this article, general law or ordinance. (As amended by Act 149 of 1974) . Section 803. The district attorney in the case of counties and the treasurer and controller, if provided for and if elected, shall be elected by the voters of the municipality at a regular municipal election, and shall serve for a term of four years beginning the first Monday of January next'following his election. Section 804. The municipal council shall consist of five members unless, pursuant to the authority granted under. Section 213 of this act, the municipality shall be governed by a council of three, seven or nine meiaber s . Members of the municipal council shall be elected, at -large, by the voters of the municipality, unless, pursuant to the authority granted trader Section 213 of this act, members shall be elected. on a district basis in which each district is as equal in population as is feasible, or on a combinat.i.on at -large and district basis as determined by the charter study commission or as specified- in an initiative petition or ordinance of the governing body under the provisions of Section 231 through Section 233 of this list, at a regular municipal election, and shall serve for a term of four years, except as hereinafter provided for those first elected, beginning on the first Monday of January next following their election. Section 805. At the first municipal election following the adoption by a municipality of this charter plan, councilmen shall bo elected and shall serve for the terms as provided in Section 1262 of this act. -20- re B. Council III Section 811. (a) On the. first ,Monday of January foll.owing the ar municipal election, the menbers of the municioal council shall assemble at the usual place of meeting and organize and choose one of their number as mayor or president. of council or chairman unless otherwise provided.. The mayor or president of council or chairman shall be chosen by ballot by majority vote of all members of the municipal council. If the members shall be unable, within five • ballots to be taken within two days of said organization meeting, to elect a mayor or president of council or chairman, then the member who in the election for members of the municipal council received the greatest number of votes shall be the mayor, president of council or Chairman. Should such person decline to accept the office, then the person receiving the next highest vote shall be the mn y or, president of council or chi iraan, and so on, until the office is filled. The mayor, or president of council, or chairman shall preside at all meetings of the municipal council anci shall have a voice and vote in its proceedings. (.4s amended by Act 149 of 1974) . (b) On the r'ecoinnendation of the government study commission as provided in. Section 213, or as specified in an initiative petition or ordinance of the governing body r}s authorized. by Section 231 through Section 233 of this act, the mayor shall be elected directly by the voters of the municipality -at the regular municipal election in lieu of being chosen as provided in. Subsection (a) of this Seccti_on. Section 812. A municioa1 clerk or secretary shalll be appointed in the ]n neer set fcrth in the Administrative Cade as provided in Section 1246 6 of this act. The municipal clerk or secretary shall serve as clerk of the council, keep its minutes and records of its proceedings, !':.:'lin tain and co apiio its ordinances and resolutions as this act requires, and perform such functions as ray be required by law or by local ordinance. The municipal clerk shall, prior to his appointment, have been qualified by training or experience to perform the duties of the office. Section 813. .(a) All powers as provided by laws applicable to that class of rminicipaiity shall be vested in the municipal council, except as otherwise provided by this article, and tin council shall provide for the exercise thereof and for the performance of all duties • and obligations imposed on the municipality by law. (b) The council shall by ordinance adopt an administrative code defining the responsibilities of th&•municipal depart rents and agencies as it deems necessary and proper for the efficient conduct of municipal affairs. (c) 'Ihe municipal council shall .appoint a Ir.uni :ipa1. manager. The office of municipal manager and municipal clerk or secretary may be held by the same person. (d) The council may make investigations into the affairs of the municipality and then conduct of any municipal department, office or agency. (e) The municipal council shall continue or create, and determine and define, the powers and duties of such executive and administrative departments, boards, and offices, in addition to those provided for In, mg f:,fT.SeM1{Y'��YiY -21- ,i7:tez's ter.*;: .5) i.2'YIP':.1,V.Ar.;;'ri' A AN;V:: "Z . I: i, j:,i ':� �•�r'.".',i:::{c? .1+ b` i r?rl'a :.i. i herein, as it may deem necessary for the proper and efficient conduct of the affairs of the municipality including the office of deputy manager. Any department; ' board or office so continued or created may, at any time, be abolished by the municipal council. No member of municipal council_ shall head an administrative department. (f) It is the intention of this article . tht t the municipal council . shall act.in all matters as a body, and it is contrary to the spirit of this article for any of its members to see'_; individually to influence the official acts of the municipal manager, or any other officer, or for the council or any of its members to direct or request the appoint- ment of any parson to, or his remonal frnm office, or to interfere in any way with the performance by such officers of their duties, '1 e council andi.ts members shall deal with the administrative service solely through the municipal manager and shall not give orders to any subordinates of the municipal manager, either publicly or privately. Nothing herein contained shall prevent the municipal council from appointing committees or commissions of its own members or of citizens to conduct investigations into the conduct of any officer or department, or to any matter relating to the welfare of the municipality, and delegating to such con ni ttees or commissions such powers of inquiry as the.municipai council may deem necessary. C. Municipal Manager Section 82.1_ The municipal manager shall be chosen by the council on the basis of his executive and administrative qualifications. At the time of his appointment, he need not be a resident of the municipality or State. The municipal manager shall not hold any elective governmental office. Section 822. The municipal manager shall be appointed for an indefinite term, and may be removed by a majority vote of the council. At least thirty days before such removal shall become effective, the council shall notify the municipal manager of its decision to remove him from office, by a majority vote•of its members, stating the reasons for l-iis removal. The municipal manager may reply in writing and may . request a public hearing, which shall be held not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal. 13y the preliminary resolution, the council may suspend the municipal manager.• from duty, but may, in any case, cause to be paid hi, i forthwith any unpaid balance of his salary and thereafter his salary for the next thr, :e calendar months. Section 823. 'Ilse municipal manager may designate a qualified administrative officer of the municipality to perform his duties during his temporary absence or disability. In the event of his failure to make such designation, or if the •absence or disability continues more than thirty days, the council may appoint an officer of the municipality to perform the duties of the manager during such absence or disability until he shall return or his disability shall cease. 0 Section 824. The municipal manager shall: (1) Be the chief executive and administrative official of the municipality. (2) .Execute all laws and ordinances of the municipality. (3) Appoint and have power to remove department heads, a deputy manager, if one be authorized by council, and appoint subordinate officers and employes under procedures established in Section 1222 of this act. (4) Negotiate contracts for the municipality, subject to the approval of the municipal council, make recommendations. concerning the nature and location of municipal i,i_provements, and execute riwiicipal improvements as determined by the municipal council-. (5) Assure that all terms and conditions imposed in favor of the municipality or its inhabitants in any statute, public utility franchise or other contract are faithfully kept and performed, and upon knowledge of any violation, call the same to the attention of the municipal council. (6) Prepare agenda for Ind attend all meetings of the municipal council with the right to take part. in the discussions, but +•dithiZt the right to vote. (7) Make such recon nendations to the council concerning policy formulation as he deems desirable and keep the council and the public informed as to the conduct of municipal affairs. (8) Prepare and submit the annual budget to the council together with such explanatory comment as he may deem desirable, and administer the council approved budget. (9) Perform such other duties as may be required of the municipal manager by ordinance or resolution of the municipal council. (10) Be responsible to the council. for carrying out all policies established by it and for the proper administration of ail affairs of the nnmicipality within the jurisdiction of the council. D. Budget Section 825. The municipal manager shall submit to council his recommended budget, together with such explanatory co:nient or . statement as he may deem desirable. The budget shall be in such form as is required by council for municipal budgets, and shall in addition have appended thereto detailed analysis of the various items of expenditure and revenue. The budget as submitted and adopted must be balanced. Council shall upon introduction of the proposed budget fix a date for adoption thereof which shall not be latter than the thirty- . first day of December immediately following. Section 826. During the month of January next following any municipal electio,t, council may request the manager to submit an . amended budget to council which shall consider it in the same manner as provided in Section 825, except that final adoption of the amended budget shall not be later than February 15 of the same year. _23_ rvnlwiY:' 4ATactemY3itfiF.`1it9f!'vwehmr:5intr"wpm ruta�'rr+ws4+mwmrra •,r�+eM..++r.nw.sae.w......................,.......__,.._._. 410 the governing body as authorized by Section 231 through Section 233 of this act, may recommend and cause to be placed on the ballot as a part -,of the question submitted to the voters for approval, additional options as part of the optional plans as set forth in Article VD Executive (Mayor) -•Council Plan A; Article VI, I:.xecut:ive (IMnyor)-Council Plan B; Article VII, Executive (Mayor) -Council Flan C; Article VIII-, Council -Manager Plan; or Article IX, Small Municipalities Plan, providing for the election of the county sheriff. Section 1102. If the optional plan, including art additional option or options as provided in Section 1101, is approved by the voters, the county shall be governed by the provisions of the article providing the basic optional plan and by the provisions of Articles IV and XII of this act, except that the elected sheriff shall be subject to the provisions pertaining to that office as provided in Article X of this act. ARTICLE XII • GENERAL PROVISIONS COMMON TO OPTIONAL PLANS A. Officers and Employes Section 1201. In any case where a municipal officer or official elected or appointed knows er by the exercise of reasonable diligence could know that the is interested to any appreciable degree, either directly or indirectly, in any contract for the sale or furnishing o f any personal property for thense of the municipality, or for any services to be rendered for such municipality involving the expenditure by the municipality of more than three hundred dollars. ($330) in any year, he shall noti.fycouncil thereof, and any such contract shall not be passed and approved by council except by an affirmative vote of at least three-fourths of the members:ereof. In case the interested th., officer is a member of council, he shall refrain. from voting upon said contract. The provisions of this section shall not apply to case,; where such officer or official is an employe of the person, firm or corporation to which money is to be paid in a capacity with no possible influence on the transaction and in which he cannot possibly be benefited. thereby, either financially or in any other material manner. Any officer or officials who shall knowingly violate the provisions of this section shall be liable to the municipality upon his bond, if any, or personnally, to the extent of td: damage shown to be sustained thereby by the municipality, to ouster from office, and shall be guiltyof T a m�vd,,i.ieanor. and upon conviction thereof, shall be serutended to pay a fine not exceeding five hundred dol lers ($500) , or imprisonment not exceeding one year, or both. Section 1202.. No officer or employe shall accept or receive, directly or .indirectly, from any person -operating within the territorial 1 imi is of a municipality any interurban railway, bus line, street railway, gas works, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange or other business using or operating under a public franchise, any frank, fee pass, free ticket or free service, or accept or receive, directly or indirectly, from any . person, any other service upon terns- more favorable than is granted to ...mixtri,r= a3L::l='tzariyLGYli1XMLI3.•ux:.. acr�.vWvr.^ -27- o the public generally, except that such prohibition of free transportation shall not apply to policemen or firemen in uni f oun. Nor shall at-ty fr: o service to the municipal officials heretofore provided by any franchise or ordinance be affected by this section. Section 1203. No candidate for office, appointment or employment and no officer, appointee or cinlploye in any municipality shall, directly or indirectly, give or premise aaay person any office, position, ernpioyIi cnt, benefit or anything of value for the purpose of influencing or obtaining the political support, aid or vote of any person, under the penalty of being disqualified to hold the office or employment to which he may be or lay have been elected or appointed.. Section 1204. If any person hereafter elected . or appointed to any office or positi:-n in a municipality governed under this act shall, after lawful notice or process, willfully refuse or fail to appear before any court,' any legislative committee, or the Governor, oi' having appeared shall refuse to testify or to answer any question regarding the property, government or affairs of the municipality, or regarding his nomination, election, appointment or official conduct on the. ground that his answer would tend to incriminate hi.:n, or shall refuse to waive immunity frcm prosecution on account of any such natter in relation to which he may be asked to testify, may be removed from office by tho council of the municipality in its discretion. B. Treasurer Section 1211. (a) tinder any of the optional plans as set forth in this act, except for the plan set forth in Article X, Optional Coati t y Plan, the office of municipal treasurer may be omitted, or my Te tilled by appointment or by election as recommended by the charter Cc?E i Si_On and adopted by the "voters. if he office of municipal treasurer is to be filled by.appointment, the appointment shall be made in accordance tidt:h the appointment procedures for other department heads. (As amended by Act 149 of 1974). (b) The mrali.c7pa.l treasurer, if elected, shall perform such functions and duties and have such powers relating to the collecticn, receiving, safekeeping and payment over of public moneys including n unicipai, comity institution district and school district taxes as provided by general law and shall have such other functions, powers and duties as may be assigned to him by the executive of the municipality. C.. Appointment Power and Personnel Sectiolr 1221. The appointment power of the chief executive of the municipality under any of the, plans authorized by this act include the appointment of members of boards and commissions authorized by this act, by general .law now or hereafter enacted, or by action of municipal council. All swim appointments shall be with the advice and consent of a majority of municipal council. Section 1222. Appointments and promotions of subordinate officers and employes within departments shall be made by the department head on the basis of a personnel system which shall include written procedures -28- for\appointment _ promotion based on. merit andLness as demonstrated by examination or other evidence of position competence. The personnel systren shall be governed by personnel rules which shall be prepared by the �xecutive (mayor) or manager and submitted to the municipal council which shall adopt-them with or without amendments unless otherwise provided for or arrived at by collective bargaining. The personnel reales 'may provide for: (1) The classification of all municipal positions, based on the duties, authority and responsibility of each position, . with adequate provision for reclassification of any position whenever warranted by change of circumstances. e . (2) A pay plan for all municipal positions. (3) Methods for determining the merit and .fitnese of candidates for, appointment or promotion. (4) The policies and procedures regulating reduction in force and disciplinary action, including suspension and removal of employees. (5) The hours of work, and provisions for sick and vacation leave and holidays, and provisions for overtime compensation. • (6) Grievance procedures, including procedures for the hearing of grievances. (7) Other practices and procedures necessary to the administration of the municipal personnel system. D. Filling" Vacancies in Elected Office • Section 1231. This section shall apply to the filling of vacancies in elected office in all optional plans and options except those set forth in Article X, Optional County Plan, and Article XI, Additional County Options. Section 1232. (a) If a vacancy exists in the municipal council, the municipal council shall, by a majori.ty of its remaining members, fill such vacancy, within thirty days thereafter, by electing a qualified person to serve until that first Monday of January when his successor who shall have been elected by the qualified electors at the next municipal election, occurring at least fifty days after such vacancy exists, is duly sworn into office for the remainder of the term of the person originally elected to said office. In case vacancies should exist whereby the offices of a majority or more members of the municipal council become vacant, the remaining members shall fill such vacancies, one at a time, giving each new appointee such reasonable notice of his appointment as will enable him to meet and act with the then qualified member or members of the municipal council in making further appointments until a bare majority of members of municipal council members have been qualified, whereupon the said members shall fill the remaining vacancies at a meeting attended by the sa:i.d majority members of rmmicipal council, such appointees to'receive a majority of the votes of the members present at any such meeting. The person or persons selected to fill such vacancy or vacancies shall hold their offices as herein provided. If, by reason of a tie vote,, or otherwise, such vacancy shall not have been filled by the remaining members of municipal council within the time as limited herein, the court of common pleas, upon the petition of ten or more qualified electors, shall fill such vacancy by the • appointment of a qualified persoar, for the portion of the unexpired .term as above provided. _29-. ,.....,<y..9,n e�tcR'+1R•was.�1�+4L+Aalaysvfa••�h n•!ragnAmwac:^,�v'7r"ae'Pi'`lRYy2Yb`8'L'.tP;iSiXLR'S" ti0?,covpaCRR•mnitvgivsirmrtrn7fIr 1' cs .0 d��i^,F,�$i'�*'M'f�w��.'° 6C`. ,� � "=4�����'t5 ",�. '�y�1;��•' byes-.,�,ry� q� wk},n n'n 1/M'h'l't5'�.•Z'y�. �.v.� i)51`t.xy.x�.9itF'1`��ir)��v1\6, 77