A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY RELATING TO THE FUNDING OF THE TOWALIGA JUDICIAL CIRCUIT; TO PROPOSE LEGISLATIVE ACTION BY THE GEORGIA GENERAL ASSEMBLY; TO ESTABLISH A PRORATA FUNDING MECHANISM BASED UPON POPULATION WITHIN THE CIRCUIT; TO AUTHORIZE THE CHAIRMAN TO SIGN; TO AUTHORIZE THE COUNTY CLERK TO TRANSMIT TO THE LOCAL LEGISLATIVE DELEGATION; AND FOR OTHER LEGAL 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, Butts County, along with the Counties of Lamar and Monroe, form the Towaliga Judicial Circuit consisting of Superior Courts; Juvenile Courts; District Attorney; Public Defender and a variety of complimentary judicial services related to the Circuit, and;

WHEREAS, it is the desire of the Board of Commissioners of Butts County, hereinafter referred to as β€œButts County” that the current funding formula, which is currently based upon a pro rata formula derived from case count, be changed to one based upon the percentage of population in each of the existing Counties within the circuit as it has been in some years past, and;

WHEREAS, it is the desire of Butts County that should a county be added to the Circuit or removed from the Circuit, that the funding formula would be proportionately adjusted based upon the revised percentage of population within the Circuit, and that future adjustments to the funding formula would be made based upon decennial county population figures published by the U.S. Census Bureau no sooner than one (1) calendar year from the date that the census data is officially released, and;

WHEREAS, so as not to adversely impact any of the existing government’s funding cycles, it is the desire of the Butts County that this local legislative act would become effective on the first day of the fiscal cycle beginning July 1, 2019, and continuing thereafter in this manner, and;

WHEREAS, it being the desire of the Butts County to enable the most efficient mechanism for all County Governments within the Circuit to pay judicial apportionments, that all installments to the Circuit shall be paid in a lump sum covering ΒΌ of the entire Circuit apportionment, to be due from each County within 30 days of the first day of each quarter, and;

WHEREAS, it being the express desire of Butts County to ensure accountability to the taxpayers of all Counties within the Circuit, that said legislation shall include the provision that a complete and total annual budget appropriation request shall be prepared and submitted to all counties within the circuit by the Circuit Administrator or Staff of the Circuit, in a format approved by all included political subdivisions, by no later than April 1st of each year, and that said request for appropriations shall clearly express and break down all individual components of the budget by each cost center, and apportion the total budget to all political subdivisions within the Circuit based upon percentage of population, and;

WHEREAS, Butts County is desirous that its Local Legislative Delegation introduce for approval in the 2019 session of the Georgia General Assembly an Act of Local Legislation to be put before the Assembly for its approval and that of the Governor of the State of Georgia, incorporating all of the aforementioned provisions, whereupon such bill would become Law, 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 that the County Clerk is herewith directed to forward a certified copy of this Resolution to each Member of the Local Legislative Delegation and to any State Offices that may require it, and to publish all notices related to the same as required, and;

BE IT FURTHER RESOLVED that this Resolution 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, and they, to the extent of such conflict, hereby repealed, and;

BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and authorizes the Clerk of Butts County to attest all signatures and spread this resolution upon the minutes of the Board of Commissioners

Adopted in open session this 14th Day of January, 2019

/s/ Ken River, Chairman

/s/ J. Michael Brewer, Clerk of Butts County

Motion: Brown, J. of the 3rd
Second: Crumbley, R. of the 5th
Vote: 4-1 in favor with Henderson, R. and Douglas, K., joining and Rivers, K. dissenting
Status: Passed by Majority Vote
Author: Brewer, Michael