A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY TO REQUEST AN AMENDMENT TO THE LOCAL ACT CREATING THE MUNICIPAL-COUNTY BOARD OF ELECTIONS AND REGISTRATION OF BUTTS COUNTY; TO REPEAL CONFLICTING PASSAGES; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST ALL DOCUMENTS; TO PROVIDE FOR THE CONVEYANCE AND TRANSMITTAL OF THIS RESOLUTION TO GEORGIA HOUSE OF REPRESENTATIVES; AND FOR OTHER RELATED AND LAWFUL PURPOSES.

WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia under the Constitution and laws of the state of Georgia, and;

WHEREAS, the Butts County Board of Commissioners, the governing body of the county charged with fiscal responsibilities, obligations and managing the affairs of the governing body requested and caused by Legislative Act to be created the Municipal-County Board of Elections and Registration of Butts County in 2009 and has since determined that it is in the best interest of the County to request of the Georgia General Assembly that certain amendments be made to the legislative act that created said Municipal-County Board of Elections and Registration of Butts County, hereinafter referred to as the “Board of Elections”, and;

WHEREAS, an Act of the General Assembly was created to repeal a previous Act approved by the General Assembly on April 6, 2004 (Ga. L. 2004, p. 3525) and to replace it with the current Act, passed during the 2009-2010 legislative session, and which now needs to be amended, now therefore, be it:

RESOLVED, the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision, and;

BE IT FURTHER RESOLVED the Commission, through this Resolution, does hereby request of the Georgia General Assembly an Act to amend the current Act creating the Board of Elections as referenced previously as defined below:

1. Under Section 2, an additional paragraph (e) shall be added to include that “No person who has been employed by Butts County or the cities of Jackson, Flovilla or Jenkinsburg shall be eligible to serve as a member of the board until a period of three years has elapsed since their final date of employment with the aforementioned government authorities”.

2. Under Section 4, the first sentence shall be amended to state “Each member of the board shall be eligible to succeed himself or herself without limitation, provided the appropriate governing authority chooses to reappoint the member, and shall have the right to resign at any time by giving written notice of his or her resignation to the governing authority by whom such member was appointed and to the Clerk of the Superior Court of Butts County”.

3. Under Section 10, the final sentence shall be amended to state “The election supervisor director shall be considered an employee of Butts County, subject to all rules, regulations and policies which govern County employees and shall be entitled to the same benefits as other employees of Butts County”.

4. Under Section 11, the final sentence shall be amended to state “Such employees shall be considered employees of Butts County, subject to all rules, regulations and policies governing County employees and shall be entitled to the same benefits as other employees of Butts County”.

BE IT FURTHER RESOLVED that this Resolution and all provisions herein, shall be in full force and effect immediately upon its adoption by the Butts County Board of Commissioners and that any and all resolutions or parts of resolutions, in conflict with this Resolution shall be, to the extent of such conflict, hereby repealed, and;

BE IT FURTHER RESOLVED that through this Resolution, any provisions or parts of any provision, article, section, paragraph or other provision of the Code of Butts County and the Personnel Ordinance of Butts County that are in conflict with this Resolution shall be, to the extent of such conflict, hereby repealed, and;

BE IT FURTHER RESOLVED that it is the express intention of the Board of Commissioners that each independent amendment should be adopted, and that the Board would have adopted each such independent provision even if the others had not been adopted; therefore, in the event that a court of competent jurisdiction finds that any of the aforementioned amendments to the Code of Butts County to be unlawful, invalid or unenforceable, it is the intent of the Board of Commissioners that the offending provision be severed, and that all lawful provisions remain in force, and;

BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and to authorize the Clerk of Butts County to attest all signatures and spread this resolution upon the minutes of the Board of Commissioners and to transmit this Resolution to our Georgia House of Representatives delegation, the body from which the original Act originated, adopted in open session this 13th Day of January, Two Thousand and Twenty.

/s/ Ken Rivers, Chairman

/s/ J. Michael Brewer, Deputy County Administrator
As Clerk of the 122nd Session