A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY TO AMEND, UNDER THE HOME RULE ACT, CERTAIN PROVISIONS OF THE CODE OF BUTTS COUNTY RELATING TO THE COUNTY BUDGET UNDER ARTICLE III, DIVISION 1, SECTION 2.171; SECTION 2.173; SECTION 2.174; SECTION 2.176; SECTION 2.177; TO PROVIDE A MECHANISM FOR MANAGING THE ANNUAL BUDGET PROCESS; TO ACCURATELY DEFINE BUDGETARY RESPONSIBILITIES; TO CORRECT CONFLICTING PROVISIONS; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST ALL DOCUMENTS AND PROVIDE FOR THE CODIFICATION OF CHANGES; 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 has determined that it is in the best interest of the County to make certain changes which clarify when certain actions related the budget process are to occur and to clearly identify who shall be responsible for certain aspects of the budget and to clarify certain contradicting provisions of the Code of Butts County, and;

WHEREAS, Article I, Section 2, Paragraph 1 (b)(1) of the Georgia Constitution, entitled “Home Rule for Counties,” authorizes the governing authority of Butts County to amend its Code as specified herein, and the governing authority of the County has elected to do so, 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 amend the following provisions of the Code of Butts County as enumerated below and highlighted in green (new or revised) or red (stricken).

1. Under Article III, Division 1, Section 2.171, the Code shall be amended so as to say that “Budget officer means the board of commissioners or their designee charged with budget preparation, administration and fiscal control for the government. Unless otherwise designated by the board of commissioners, the Chief Financial Officer shall be the county official responsible for the preparation, amending and implementation of this article. In the absence of the Chief Financial Officer or at the discretion of the board of commissioners, the County Administrator shall assume the responsibilities of the budget officer”, and;

2. Under Article III, Division 1, Section 2.173 (1), the Code shall be amended so as to say that “Preparation, introduction and approval. In the course of the year, the Chief Financial Officer shall prepare, in consultation with the County Administrator, the County Clerk and the Tax Commissioner of Butts County, a budget timeline that shall be used as a general guide for the annual budget process, subject to amendment as circumstances may dictate, by the same. Said budget timeline shall include a date to be specified by the budget officer for the submission of the budget to the board of county commissioners, as well as dates in which each constitutional officer, department head and each appropriate outside funded agency shall submit the budget requests of their agency for the upcoming fiscal year. The budget request shall be prepared by line item expenditures and shall include all pertinent, additional information as may be required or requested by the budget officer”, and;

3. Under Article III, Division 1, Section 2.173 (4), the Code shall be amended so as to say that “The budget officer shall submit the proposed final budget to the board of commissioners as early as April 1st but no later than June 15th during the fiscal year preceding the year for which the budget is being adopted. The proposed budget shall be in writing and contain sufficient details to be incorporated into the county’s budgetary-financial accounting systems”, and;

4. Under Article III, Division 1, Section 2.173 (5), the Code shall be amended so as to say that “On the day the final budget proposal is submitted to the board of commissioners, a copy of the proposed budget shall be available at the County Commissioner’s office for public review and inspection in whatever format the Chief Financial Officer deems sufficient to convey the required information. A statement advising the residents of the county of the availability of the budget document shall be published in the newspaper of general circulation in the county. The statement advising of the availability of the budget shall also provide notice of the date, time and place of the budget hearing as required by state law and the provisions of this article. This notice shall be published at least seven days prior to the date of the budget hearing”, and;

5. Under Article III, Division 1, Section 2.173 (6), the Code shall be amended so as to say that “At least one week prior to the formal adoption of the proposed budget, the board of commissioners shall conduct a public hearing at which any person desiring to be heard on the proposed budget may appear to give a statement or voice their concerns about the budget proposal. Such hearing shall be held not less than 15 days after submission of the final budget to the board of commissioners by the budget officer”, and;

6. Under Article III, Division 1, Section 2.173 (7), the Code shall be amended so as to say that “The budget resolution shall be adopted at a public meeting which shall be advertised in accordance with the procedures set forth in state law governing the advertising of the same in force at the time”, and;

7. Under Article III, Division 1, Section 2.173 (8), the Code shall be amended so as to say that “The county’s budget shall not be adopted later than June 30 for each upcoming fiscal year unless newspaper publishing requirements or circumstances beyond the control of the county make the adoption of the budget go past the end of the fiscal year, in which case it may become necessary for the county to adopt a Continuing Resolution. Upon adoption, the budget shall constitute an appropriation for the purpose stated therein and an authorization of the amount to be levied for taxation purposes shall also be adopted and the digest submitted to the state for approval”, and;

8. Under Article III, Division 1, Section 2.174 (a)(2), the Code shall be amended so as to say that “Transfers to appropriations in any fund amount the various accounts within a county department shall require the approval of the County Administrator or County Clerk County Finance Officer, except that any transfers of appropriations within a county department which increases the salary appropriation shall require the approval of the majority of the board of commissioners”, and;

9. Under Article III, Division 1, Section 2.176, the Code shall be amended so as to say that “The county budget shall be prefaced by a general summary of its contents and present in detail all estimated revenues, including the proposed ad valorem tax levy, and all proposed expenditures by departments for the ensuing fiscal year. It shall be presented to show comparable figures for actual to date versus proposed figures and a history for the previous three fiscal years.”, and;

10. Under Article III, Division 1, Section 2.177, the Code shall be amended so as to say that “A three-year capital improvements program shall may be included in the final budget document, if the county elects to utilize and fund such a program. A listing of proposed capital improvements by county departments and methods of financing shall be reviewed as part of the proposed fiscal year budget and approved by the board of commissioners as part of the final approval process if such a program is utilized and funded.

BE IT FURTHER RESOLVED that this Resolution and all provisions herein, including all stated amendments to the Code of Butts County 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 that is 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

Adopted in open session this 11th Day of March, 2019 and effective immediately.

To be signed upon final approval
Chairman of the Board

J. Michael Brewer, Clerk of Butts County Georgia

Author: Brewer, M.
Presented and read: 11 February 2019

Approved to Proceed with Advertising
Motion: Douglas, K. of the 4th
Second: Crumbley, R. of the 5th
Unanimous Consent to Proceed