The Butts County Board of Commissioners, pursuant to the Home Rule powers granted under the Georgia Constitution, will amend Article I, Section 12 of the Butts County Code, as originally enacted and amended by local acts of the Georgia General Assembly, so as to abolish the current requirement that the County Administrator of Butts County reside within Butts County. A copy of the full text of this amendment is on file at the office of the Clerk of the Superior Court of Butts County and at the office of the Butts County Board of Commissioners, and is available for public inspection. This amendment was first read at the Butts County Board of Commissioners regular meeting held on December 11, 2017, and will be considered for final adoption at the regular meeting of the Butts County Board of Commissioners to be held on February 12, 2018.

Additionally, the full text of this amendment is posted below:

AN ORDINANCE ENACTED UNDER THE HOME RULE FOR COUNTIES PROVISION OF THE GEORGIA CONSTITUTION; TO AMEND ARTICLE I, SECTION 12 OF THE BUTTS COUNTY CODE; TO REPEAL A PROVISION REQUIRING THE COUNTY ADMINISTRATOR TO RESIDE IN BUTTS COUNTY; AND TO CONTINUE IN FULL FORCE AND EFFECT ALL REMAINING PROVISIONS OF ARTICLE I, SECTION 12 OF THE BUTTS COUNTY CODE CONCERNING THE COUNTY ADMINISTRATOR

WHEREAS, the Constitution of the State of Georgia, at Article 9, Section 2, Paragraph 1, extends to county governing authorities the legislative power to amend or repeal specified provisions of local acts applicable to its governing authority; and

WHEREAS, pursuant to Local Acts 1961 Ga. Laws 2011 §1 and 1988 Ga. Laws 4729 §2, a position known as “county manager” was created and defined for Butts County; and

WHEREAS, pursuant to Local Acts (County Home Rule Ordinances) 2004 Ga. Laws 4571, the governing authority of Butts County abolished the position of “county manager” and created in its place the position of “county administrator,” and therein established the qualifications, appointment, duties, bond and apolitical character of said office, all of which are set forth at Article I, Section 12 of the Butts County Code; and

WHEREAS, under Article I, Section 12 (b) of the Butts County Code, in its present form, the person appointed as county administrator is required to be a resident of Butts County within six (6) months following commencement of duties; and

WHEREAS, the Butts County Board of Commissioners, as the governing authority of Butts County and the employer of the county administrator, has determined that the above-described residency requirement is a detriment to the Board’s ability to hire and retain the best qualified person for the position of county administrator, and that said requirement is not in the County’s best interest; and

WHEREAS, the Butts County Board of Commissioners desires to eliminate the residency requirement for county administrator as set forth in Section 12 (b) of the Butts County Code, but to keep in full force and effect all remaining terms and provisions of Section 12 of the Butts County Code.

NOW, THEREFORE, it is hereby ORDAINED by the Butts County Board of Commissioners, under the authority of Ga. Const. Art. 9, §2, ¶(b)(1), as follows:

1.

The following sentence set forth in Section 12 (b) of the Butts County Code is hereby repealed and stricken in its entirety:

“At the time of such person’s appointment such person need not be a resident of the county or state, but, within six (6) months following commencement of duties, such person shall reside within the county.”

2.

All other provisions of Section 12 of the Butts County Code shall remain in full force and effect.

3.

All otherwise lawful actions of the County Administrator of Butts County, taken through and including the date this Ordinance becomes effective, are hereby ratified and affirmed, notwithstanding the residency of said County Administrator.

4.

Upon final adoption of this Ordinance the County Clerk shall notify the Georgia Secretary of State of this Ordinance in the manner prescribed by Ga. Const. Art. 9, Section 2, Paragraph 1 (g).

 

First Reading:              December 11, 2017

Second Reading:         February 12, 2018