A RESOLUTION TO AMEND OR RESCIND PREVIOUS ACTS OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY WHICH ESTABLISHED AN OFFICE OF COUNTY ADMINISTRATOR; TO RESTORE THE PREVIOUSLY LEGISLATED POSITION TITLE OF COUNTY MANAGER; TO AUTHORIZE THE CHAIRMAN TO SIGN THE RESOLUTION ON BEHALF OF THE BOARD; TO AUTHORIZE THE CLERK OF BUTTS COUNTY TO ATTEST ALL DOCUMENTS; AND FOR OTHER RELATED AND LAWFUL PURPOSES.
WHEREAS, Butts County is a duly created and validly existing political and administrative subdivision of the State of Georgia under the Constitution and laws of the state of Georgia and governed by the Butts County Board of Commissioners, and;
WHEREAS, the Board of Commissioners are empowered with the recruitment, selection and appointing of the Chief Administrative Officer of Butts County, currently referred to as the “County Administrator”, and;
WHEREAS, in 1988, the Butts County Board of Commissioners, as the governing body of the county charged with managing the affairs of the County Government caused a referendum to be put before the voters of Butts County to enquire as to whether the County should create an Office of the County Manager to function as the Chief Administrative Officer of said County, to manage and administrate various functions of the daily operation of the County Government, and which passed with the favorable consent of the majority of voters casting ballots, and;
WHEREAS, in February of 2004, a subsequent Board of Commissioners in office at that time did, under the auspices of Home Rule, change the title of County Manager to County Administrator and did reallocate certain responsibilities concerning financial affairs and personnel administration from that position to others still under the administration of that office, but without reducing the powers and duties of said office to a level commensurate with that of a County Administrator, to the effect that the County has functioned and continues to function under a County Manager form of government, and;
WHEREAS, subsequent resolutions and acts of the Board of Commissioners which are not in conflict with any provision of this document has further defined the responsibilities of the Chief Administrative Officer without diminishing, usurping or circumventing the powers and overall responsibilities of the office, and;
WHEREAS, the original enabling legislation that created the Office of County Manager of Butts County enacted in 1988 Ga. Laws 4729 § 2 remains and is still valid, in force, and has not subsequently been changed by any act of the Georgia General Assembly since its original inception, and;
WHEREAS, it is the will and intention of the Board of Commissioners to begin a search process for a new Chief Administrative Officer and therefore desires to correct any errors in nomenclature that may have been adopted by previous Boards of Commissioners, and to ensure that the proper office, as created by Georgia Law and voted upon by the voters of Butts County, is legally correct and consistent with the law, 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 Butts County Board of Commissioners does hereby rescind and repeal any previous acts established by the Governing Authority of Butts County with regards to the changing of the title of “County Manager” to that of “County Administrator” so that the original legislation shall prevail, provided for that all refinements of duties and delineation of responsibilities that have been passed subsequent to 2004 shall remain in place, the overall effect of which shall neither increase, nor diminish, the powers, duties, responsibilities and expectations upon the incumbent of said office, and;
BE IT FURTHER RESOLVED that this instrument specifically supersedes and revokes the Act passed by the Board of Commissioners on February 2, 2004 as it pertains only to the abolishment of the position of County Manager and the subsequent replacement of the position with that of a County Administrator, thereby restoring the position enacted in 1988 Ga. Laws 4729 § 2 in title and name, and;
BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect upon passage and adoption by the Butts County Board of Commissioners and that any and all other resolutions, acts or ordinances in conflict with this Resolution shall be, and they are, to the extent of such conflict, hereby repealed, and any inconsistencies created by this change of title shall be identified and corrected, and;
BE IT FURTHER 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 FURTHER RESOLVED that the Board Authorizes the Clerk of the Session to make, or cause to be made, all necessary and proper changes to official County stationary, websites, information forums, county forms, the Code of Butts County and other official documents and references of Butts County to reflect the changes enacted in this Resolution, and;
BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and all associated documents related to the passage and implementation of the provisions of this Resolution and does authorize the Clerk of Butts County to attest all signatures and make this Resolution part of the Book of Resolutions, Volume A.
Adopted in Session this 13th Day of July, 2020
Book of Resolutions, Volume 1
/S/ Ken Rivers, Chairman
/S/ J. Michael Brewer, Deputy County Manager
Clerk of the 122nd Session
Butts County Board of Commissioners