A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY LEGISLATING CERTAIN RESTRICTIONS ON SUPPLEMENTAL PAY FOR ELECTED AND APPOINTED OFFICIALS OF THE TOWALIGA JUDICIAL CIRCUIT; TO CLARIFY PAY SUPPLEMENTS FOR CONSTITUTIONAL AND ELECTED OFFICIALS OF BUTTS COUNTY; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST THE RESOLUTION; 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, hereinafter referred to as “The Commission”, is the elected governing body, charged with managing the fiscal affairs of the County and as such, is empowered by law to cause a budget to be promulgated for appropriating sums of money for the staffing and operation of various offices of the Towaliga Judicial Circuit, hereinafter referred to as the Circuit, including agencies that support the Circuit and its functions, and;

WHEREAS, the Commission has, in the past and in concert with the Counties of Monroe and Lamar, granted supplemental pay allocations for elected officials and appointed employees of Circuit including but not limited to, the Superior Court, the Juvenile Court, the District Attorney’s Office, the Office of the Public Defender and other agencies related to the Circuit which had the effect of enhancing the compensation of various employees of the Circuit, and;

WHEREAS, the Commission feels that the granting of supplements of this type reduces the burden on the State while placing greater financial burdens on the County through the cumulative effect of additional salary and correspondingly increased benefits cost, all the while being also prohibited from abolishing supplements, once awarded to an individual, until such time as that individual vacates office, thereby creating a continuing and ongoing obligation that must be met regardless of the particular financial health of the County at any given time, now therefore be it:

RESOLVED, that 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.

BE IT FURTHER RESOLVED that the Commission, as the legislative body of the County government does hereby abolish the awarding of future pay supplements of any kind within agencies grouped under the budgetary auspices of the Circuit, to include those individuals holding both elected and appointed office but excluding any of the aforementioned individuals holding an office and receiving a supplement at the time of the passage of this resolution, with the result being that no incumbent holding office at the time of passage shall be divested of existing voluntary local supplements, and;

BE IT FURTHER RESOLVED that when any of the aforementioned recipients of existing supplements are succeeded in office or position by individuals other than themselves, that said supplement shall cease to exist and shall be removed from the budget appropriation of Butts County, and that said County shall no longer be responsible for paying any portion of a supplement to the Circuit in conjunction with that individual, and

BE IT FURTHER RESOLVED that upon the vacating of elected office by any Constitutional Officer or Elected Official ascribed solely to Butts County, to include:

• The Clerk of Superior Court
• The Probate Judge
• The Sheriff
• The Tax Commissioner
• The Chief Magistrate
• The Coroner
• Any Butts County Commissioner

and who is holding office as of July 1, 2019, that any voluntary, non-statutory supplements granted by the Board of Commissioners to those incumbents shall become null and void for their successors in office, other than themselves, and;

BE IT FURTHER RESOLVED that the Board of Commissioners reserves the right to grant voluntary supplements to any Constitutional or Elected Official in the future, subject to the statutory provisions and laws of the State of Georgia, under the following provisions below:

1). That said supplement shall be granted only by the passage of a Resolution voted upon in an open meeting of the Board of Commissioners, and;

2). That said Resolution shall clearly state the purpose of the supplement and the annual fiscal impact of any supplement granted, and;

3). That no voluntary supplement shall be passed simply by the incorporation of said supplement into a budget and passed as part of the budget without first fulfilling the mandates outlined above in provision 1 and 2, and;

BE IT FURTHER RESOLVED that the effective date of this resolution shall be July 1, 2019 and that all changes resulting from this Resolution shall be calculated from that date forward, 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 are, hereby repealed, and;

BE IT RESOLVED that it is the express intention of the Board of Commissioners that each independent provision of this Resolution 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 any of the aforementioned to be unlawful, invalid or unenforceable, that 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 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 24th Day of June, 2019

/s/ Ken Rivers, Chairman

/s/ J. Michael Brewer
Deputy County Administrator
as Clerk of County

Author: Brewer M
Status: Pass

Motion: Douglas, K. of the 4th
Second: Brown, J. of the 3rd
Concur: Rivers K. of the 1st, Henderson, R. of the 2nd, Crumbley, R. of the 5th