Chapter 2
ADMINISTRATION*
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Cross references: Personnel, Ch. 12.
State law references: See Ga. Laws 1964, p. 2175, and amendments, as to establishment, etc., of board of commissioners.
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Article I. In General
Secs. 2-1– 2-19. Reserved.
Article II. Board, Commissions and Authorities
Division 1. Generally
Sec. 2-20. Indemnification of members of appointive boards and commissions.
Sec. 2-21. Troubled children's council.
Sec. 2-21.1. Commission on children and youth.
Sec. 2-22. Limitation of terms.
Secs. 2-23– 2-30. Reserved.
Division 2. Whitfield County Recreation Board
Sec. 2-31. Authority; created.
Sec. 2-32. Composition.
Sec. 2-33. Membership.
Sec. 2-34. Organization.
Sec. 2-35. Powers and duties.
Secs. 2-36– 2-40. Reserved.
Division 3. Whitfield-Murray Historic and Preservation Commission
Sec. 2-41. Created.
Secs. 2-42– 2-45. Reserved.
Division 4. Whitfield County Advisory Fire Committee
Sec. 2-46. Created; authority.
Sec. 2-47. Membership.
Sec. 2-48. Compensation, election of members.
Secs. 2-49– 2-54. Reserved.
Division 5. Development Authority of Whitfield County
Sec. 2-55. Declaration of need; purpose.
Sec. 2-56. Same– Activated.
Sec. 2-57. Same– Directors.
Sec. 2-58. Same– Organization.
Secs. 2-59– 2-63. Reserved.
Division 6. Northwest Georgia Trade and Convention Center Authority
Sec. 2-64. Joint city-county agreement.
Sec. 2-65. Created; purpose; membership.
Sec. 2-66. Powers.
Sec. 2-67. Budget.
Sec. 2-67.1. Future capital expenditures.
Sec. 2-68. Reports.
Sec. 2-69. Termination.
Sec. 2-70. Enforcement.
Sec. 2-71. Amendments.
Secs. 2-72– 2-80. Reserved.
Division 7. Dalton-Whitfield County Clean and Beautiful Commission
Sec. 2-81. Created.
Sec. 2-82. Governing body.
Sec. 2-83. Community members.
Sec. 2-84. Compensation.
Sec. 2-85. Duties.
Sec. 2-86. Bylaws.
Secs. 2-87– 2-90. Reserved.
Division 8. Small Business Earthquake Outreach Advisory Committee
Sec. 2-91. Created; purpose.
Sec. 2-92. Duties.
Sec. 2-93. Membership.
Sec. 2-94. Chairperson.
Division 9. Dalton/Whitfield Regional Solid Waste Management Authority
Sec. 2-95. Declaration of need; purpose.
Sec. 2-96. Activated.
Sec. 2-97. Directors.
Sec. 2-98. Organization.
Secs. 2-99, 2-100. Reserved.
Article III. Finances and Investments
Division 1. Generally
Sec. 2-101. Due date for ad valorem taxes.
Sec. 2-102. Revenue policy.
Sec. 2-103. Deposits and cash management policy.
Secs. 2-104– 2-110. Reserved.
Division 2. Investment Policy
Sec. 2-111. Policy objectives.
Sec. 2-112. Responsibility.
Sec. 2-113. Objectives.
Sec. 2-114. Types of investments and requirements.
Sec. 2-115. Institution and broker/dealer requirements.
Sec. 2-116. Diversification limits.
Sec. 2-117. Reporting and audit requirements.
Secs. 2-118, 2-119. Reserved.
Division 3. Cash and Deposits
Sec. 2-120. Cash handling policy.
Sec. 2-121. Deposits and cash management policy.
Secs. 2-122– 2-130. Reserved.
Article IV. Meetings
Division 1. Organization
Sec. 2-131. Open meetings.
Sec. 2-132. Quorum.
Sec. 2-133. Voting; majority.
Sec. 2-134. Abstentions.
Sec. 2-135. Chairman.
Sec. 2-136. Vice-chairman.
Sec. 2-137. Agenda.
Sec. 2-138. Minutes.
Sec. 2-139. Order of business.
Sec. 2-140. Decorum.
Sec. 2-141. Public participation.
Sec. 2-142. Parliamentarian.
Sec. 2-143. Amendments to rules.
Sec. 2-144. Regular meetings, work sessions.
Sec. 2-145. Special meetings and rescheduled regular meetings.
Sec. 2-146. Emergency meetings.
Sec. 2-147. Executive sessions.
Sec. 2-148. Suspending the rules of order.
Sec. 2-149. Committees.
Sec. 2-150. Visual and sound recordings.
Division 2. Parliamentary Procedure
Sec. 2-151. Main motion.
Sec. 2-152. Debate.
Sec. 2-153. Voting; procedure.
Sec. 2-154. Ranking of motions.
Sec. 2-155. Subsidiary motions.
Sec. 2-156. Privileged motions.
Sec. 2-157. Incidental motions.
Sec. 2-158. Supplementary main motions.
Sec. 2-159. Repealer.
Article V. County Property, Facilities, Etc.
Division 1. County Facilities Usage
Sec. 2-160. Purpose.
Sec. 2-161. Policy.
Sec. 2-162. Available facilities.
Sec. 2-163. Procedures; scheduling an event.
Sec. 2-164. Waiver of use fee and cleaning deposit.
Secs. 2-165– 2-169. Reserved.
Division 2. County Vehicle Usage
Sec. 2-170. Objective.
Sec. 2-171. Policy.
Sec. 2-172. General.
Sec. 2-173. Vehicle assignment.
Sec. 2-174. Responsibilities.
Secs. 2-175– 2-179. Reserved.
Division 3. Fixed Assets Record System
Sec. 2-180. Introduction.
Sec. 2-181. Acquisition.
Sec. 2-182. Tagging of fixed assets.
Sec. 2-183. Transfers of fixed assets.
Sec. 2-184. Disposals of fixed assets.
Sec. 2-185. Physical inventory.
Sec. 2-186. Sensitive assets.
Sec. 2-187. Items not considered fixed assets.
Secs. 2-188, 2-189. Reserved.
Article VI. Indigent Defense Services
Sec. 2-190. Application for indigent defense services.
Sec. 2-191. Application fee.
Sec. 2-192. Waiver.
Sec. 2-193. Transfer of funds.
Sec. 2-194. Separate account.
ARTICLE I.
IN GENERAL
Secs. 2-1– 2-19. Reserved.
ARTICLE II.
BOARD, COMMISSIONS AND AUTHORITIES
DIVISION 1. Sec. 2-20. Indemnification of members of appointive boards and commissions.
The county shall indemnify each present and future member of any board or commission appointed by the board of commissioners against, and each such member shall be entitled without further act on such members part to indemnity from the county for, all expenses (including the amount of judgments and the amounts of reasonable settlements made with the view to the curtailment of costs of litigation, other than amounts paid by the county) reasonably incurred by any member of any board or commission appointed by the board of commissioners in connection with or arising out of any action, suit or proceeding in which the member may be involved by reason of such person being or having been a member of any board or commission of the county, whether or not such person continues to be a member of any board or commission of the county at the time of incurring such expenses. However, such indemnity shall not include any expenses incurred by any member of any board or commission: (1) In respect of matters as to which such member shall be finally adjudged in any such action, suit or proceeding to have been derelict in the performance of such member's duty as a member of any board or commission, or (2) in respect of any matter in which any settlement is effected, to an amount in excess of the amount of expenses which might reasonably have been incurred by such member in conducting such litigation to a final conclusion. In no event shall anything herein contained be so construed as to protect, or to authorize the board of commissioners to indemnify, such member against any liability to the county which such person would otherwise be subject by reason of such person's willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such person's being a member of any board or commission appointed by the board of commissioners. The foregoing right of indemnification shall inure to the benefit of the heirs, executors or administrators of each member of any board or commission and shall be in addition to all other rights to which such member may be entitled as a matter of law.
(Res. of 8-26-86)
Sec. 2-21. Troubled children's council.
(a) Pursuant to the authority vested in the board of commissioners by law and pursuant to O.C.G.A. § 49-5-154 that the Troubled Children's Council of Dalton-Whitfield County, Georgia, Inc., is hereby designated as the planning and coordinating body to assume responsibility for coordinating and arranging for a study of youth needs in the county.
(b) The troubled children's council is designated as the agency, as contemplated by O.C.G.A. § 49-5-154, to assume responsibility for assessing the county's juvenile justice needs and planning for new programs to meet those needs, including but not limited to the need for delinquency prevention programs and community-based services, residential or nonresidential, which would provide an alternative to commitment to a state detention facility.
(Res. of 6-4-88)
Editor's note: Inclusion of the provisions of resolution adopted June 14, 1988, as § 2-21 was at the discretion of the editor, the resolution being nonamendatory of the Code. The resolution also contained the bylaws of the troubled children's council. These have not been set out in this Code.
Sec. 2-21.1. Commission on children and youth.
(a) The Whitfield County Commission on Children and Youth is hereby named the official planning body for children's issues in Whitfield County.
(b) All issues relating to children and youth which are brought before the Whitfield County Board of Commissioners will be referred to the Whitfield County Commission on Children and Youth for review and non-binding recommendations.
(Res. of 9-13-94, §§ 1, 2)
Sec. 2-22. Limitation of terms.
(a) The terms of all appointees to authorities, boards and commissions shall be limited to two consecutive terms retroactive to the date of the commencement of the initial term of any such person or persons appointed to an authority, board or commission.
(b) No term of service of an appointee which term expired prior to November 22, 1994 shall be considered in determining the qualifications of such appointee to be appointed for a term on such board.
(Res. of 9-10-91; Res. of 11-22-94; Res. of 1-10-95)
Editor's note: Inclusion of the provisions of a resolution adopted Sept. 10, 1991, as § 2-22 was at the discretion of the editor, the resolution being nonamendatory of the Code.
Secs. 2-23– 2-30. Reserved.
DIVISION 2. ------------
Editor's note: Division 2, §§ 2-31 and 2-32, was repealed by § 1 of a resolution adopted June 10, 1997. The division related to the Whitfield County Recreation Advisory Committee and was derived from §§ 1– 3 of a resolution adopted Jan. 12, 1993. A second resolution adopted June 10, 1997, has been included as a new div. 2, §§ 2-31– 2-35.
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Sec. 2-31. Authority; created.
Under the authority granted by Acts 1946, pages 152 and 153; 1971, page 262 of the General Assembly of Georgia (codified as O.C.G.A. 36-64-1 et seq.) there is hereby created the Whitfield County Recreation Board, which shall have the responsibility to develop, equip and maintain parks, playgrounds, recreation centers, and buildings thereon; to operate all types of recreational facilities; and to conduct recreational activities in behalf of the citizens of said county.
(Res. of 6-10-97, § 1)
Sec. 2-32. Composition.
The Whitfield County Recreation Board (the "board") shall be composed of no less than five nor more than nine Whitfield County citizens who shall serve without pay and shall be appointed by the chairman of the board of commissioners of Whitfield County. Provided that, appointments shall be made in such manner that each middle school district as delineated by the Whitfield County Board of Education shall be represented by at least one board member.
(Res. of 6-10-97, § 2)
Sec. 2-33. Membership.
The members of the board shall be appointed by the chairman for a term of five years or until their successors are appointed and qualified, except that for the initial term the chairman of the board of commissioners is authorized and directed to vary the initial terms of members in such a manner that thereafter the term of at least one member shall expire annually. Vacancies occurring other than by expiration of term shall be filled by the chairman of the board of commissioners of Whitfield County only for the unexpired term. Member of the recreation board shall be eligible to be reappointed.
(Res. of 6-10-97, § 3)
Sec. 2-34. Organization.
Immediately after their appointment, the members of the board shall meet and organize by electing one of their members as chairman and electing other members to such offices as may be necessary.
(Res. of 6-10-97, § 5)
Sec. 2-35. Powers and duties.
The recreation board shall have the following powers [and duties to]:
(a) Adopt bylaws for the conduct of its affairs and to make rules and regulations for the proper administration of its duties.
(b) Establish fees from time to time for the use of its equipment and facilities.
(c) Administer all funds made available to the board.
(d) Accept any grant of funds made by the United States or of the State of Georgia or any agency thereof for the purposes of carrying out any of its functions.
(e) Accept gifts, bequests, devises, or endowments to be used for carrying out its functions, except that if the acceptance thereof for such purpose will subject the board of commissoners to additional expenses for improvements, maintenance, or renewal, the acceptance of any such gift, bequest, devise, or endowment shall be subject to the approval of the board of commissoners of said county.
(f) Make recommendations to the board of commissioners as to the operation of recreation facilities.
(g) Employ play leaders, playground or community center directors, supervisors, recreation superintendents, or such other officers or employees as it deems are needed to carry out the functions of the board.
(h) Prepare an annual budget covering all recreation activities under its supervision, and to timely submit said budget to the county board of commissioners for approval.
(i) Prepare annual reports of its accounts and doings for the board of commissioners; to conduct surveys; to establish a comprehensive plan for the continuing development of recreational facilities to meet the future needs of the citizens of Whitfield County; to make recommendations as to the operation of recreational facilities and to do all other things necessary and proper to perform the duties of the board.
(Res. of 6-10-97, § 6)
Secs. 2-36– 2-40. Reserved.
DIVISION 3. Sec. 2-41. Created.
The Whitfield-Murray Historic and Preservation Commission shall come into existence on this the sixth day of November, 1978, and shall exist for the above-stated purpose for as long as the Whitfield-Murray Historical Society, Inc., shall remain organized.
(Res. of 12-5-78)
Secs. 2-42– 2-45. Reserved.
DIVISION 4. ------------
Editor's note: Division 4, §§ 2-46– 2-49, was repealed by § 1 of a resolution adopted Jan. 12, 1993. The division related to the Whitfield County Fire Commission and was derived from §§ 1, 2, 4, 5 of a resolution adopted June 14, 1983. Sections 1– 3 of a different resolution adopted Jan. 12, 1993, have been included as a new div. 4, §§ 2-46– 2-48.
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Sec. 2-46. Created; authority.
(a) The Whitfield County Advisory Fire Committee ("committee") is hereby created for the purpose of advising and assisting the office of the fire chief of Whitfield County, Georgia ("fire chief") in the conducting and providing by the fire chief of fire protection services to the citizens of the county. The duties of this committee shall be to advise and assist the fire chief in the fire chief's efforts to develop, equip, maintain and operate a fire service program for the protection of citizens and property of and in the county.
(b) The committee shall have the following authority:
(1) To adopt bylaws for the conduct of its affairs and to make rules and regulations for the proper administration of its duties.
(2) To make recommendations to the office of the fire chief as to the operation of the fire department.
(3) To carry out such other duties as may be hereafter delegated by the board of commissioners or the office of the fire chief to the committee.
(Res. of 1-12-93, § 1)
Sec. 2-47. Membership.
The committee shall consist of one representative from each fire station located in the county.
(Res. of 1-12-93, § 2)
Sec. 2-48. Compensation, election of members.
Each committee member (hereinafter "member") shall serve without compensation and shall be elected to the committee as follows:
(1) The election of members shall occur during the month of March of each year.
(2) Each individual who has been continuously listed on the fire department roster list for the immediately preceding twelve-month period and who holds a first class fire fighters certificate issued by the fire department is eligible to vote for the representative member of the fire station to which he or she is assigned and shall be eligible to serve as a representative member, if elected, from such fire station.
(3) The officer in charge of each fire station existing and operating on March 1 of each calendar year shall provide written notice to each individual who is eligible to vote for the representative member of the fire station of the date, time and location at which nominations will be requested and votes tendered for the election of such member. The election shall be a reasonable period of time after the issuance of notice. The individual receiving the majority of votes of the voters personally attending the meeting shall be the representative member of such fire station on the committee.
(4) Each member shall serve a term of one year or until his or her successor has been elected.
(5) A member shall be eligible for reelection to the committee.
(Res. of 1-12-93, § 3)
Secs. 2-49– 2-54. Reserved.
DIVISION 5. Sec. 2-55. Declaration of need; purpose.
There is hereby created and declared to be an existing and future need for a development authority (as more fully described and defined in the Development Authorities Law, O.C.G.A. § 36-62-1 et seq.) to function in the county, for the purpose of developing and promoting for the public good and general welfare trade, commerce, industry and employment opportunities in the county thereby promoting the general welfare of the citizenry.
(Res. of 5-20-76)
Sec. 2-56. Same– Activated.
There is hereby activated in the county, the public body corporate and public known as the "Development Authority of Whitfield County" which was created upon the adoption and approval of the Development Authorities Law and particularly O.C.G.A. § 36-62-4.
(Res. of 5-20-76)
Sec. 2-57. Same– Directors.
There are designated as members of the first board of directors of the development authority seven persons, each of whom shall be a taxpayer of the county and none of whom shall be an officer or employee of the county. The directors shall initially be elected as follows: Two for two years, two for four years and three for six years. Thereafter the term of each director shall be six years. If at the end of any term of office of any director, a successor thereto shall not have been elected then the director whose term of office shall have expired shall continue to hold office until a successor shall be so elected.
(Res. of 5-20-76)
Sec. 2-58. Same– Organization.
The board of directors shall organize itself, carry out its duties and responsibilities and exercise its powers and prerogatives in accordance with the terms and provisions of the Development Authorities Law as it now exists and as it might hereafter be amended or modified.
(Res. of 5-20-76)
Secs. 2-59– 2-63. Reserved.
DIVISION 6. ------------
Editor's note: Inclusion of the provisions of a resolution adopted June 14, 1988, as ch. 2, art. II, div. 6, §§ 2-64– 2-71, was at the discretion of the editor, the resolution being nonamendatory of the Code.
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Sec. 2-64. Joint city-county agreement.
(a) The City of Dalton (the "city") and the county agree each with the other to participate as hereinafter provided in the acquisition of a tract of land for the purpose of constructing and operating a trade and convention center thereon and to construct, maintain and operate the facility jointly as hereinafter provided.
(b) The state has contributed $8,228,000.00 toward the capital cost of construction, improvement and development of the facility; and the city and county shall contribute equally toward all expenses of site acquisition, construction, improvement and development in excess of the amount paid by the state and to provide all utilities and street improvements necessary to make the facility operational. The local contribution shall not exceed $2,750,000.00 unless authorized by both city and county governing bodies.
(c) The city, through its building authority, shall issue bonds to pay the local contribution. The county agrees to reimburse the city one-half of the principal and interest due each year. Title to the land and building will remain with the building authority until the bonds are retired, at which time the authority will convey title to the city and the county as tenants in common.
(Res. of 3-14-88)
Sec. 2-65. Created; purpose; membership.
(a) Created. There is hereby created the Northwest Georgia Trade and Convention Center Authority, hereinafter called "the authority."
(b) Purpose. The authority is created for the purpose of constructing, equipping, maintaining and operating the trade and convention center facility to be ultimately owned by the county and the city equally, as tenants in common.
(c) Membership. Authority shall consist of five members as follows:
(1) One representative of the government of the city, who shall be either the city administrator or a member of the mayor and council of the city as selected by the governing body of the city;
(2) One representative of the government of the county, who shall be the county administrator or a county commissioner as selected by the governing body of the county; and
(3) Three citizen members who shall be residents of the county, within or without the corporate limits of the city.
The term of office of the member who is the representative of the city government shall be concurrent with his term as a city official, and the term of office of the member who is the representative of the county government shall be concurrent with his term as a county official. Both the original and successor appointees shall serve until their successors are appointed and qualified. Vacancies shall be filled for the unexpired portion of a term left vacant in the same manner as appointments to the authority are made. Immediately after appointment, the members of the authority shall enter upon their duties. The authority shall elect one of its members as chairman and one as vice-chairman, and shall elect a secretary and treasurer. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall receive no compensation for their services but may be reimbursed by the authority for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall exist for a period of 50 years from the date of the execution of the agreement creating this authority.
(Res. of 3-14-88; Res. of 10-24-88)
Sec. 2-66. Powers.
(a) The authority, except as herein provided, shall acquire necessary property for, establish, construct, enlarge, improve, maintain, equip, operate and regulate the trade and convention center. The authority may exercise on behalf of the county and the city all of the proprietary powers of each, except as otherwise provided in this division. No real property acquired under this division shall be disposed of by the authority by sale except by authority of both the city council and the county board of commissioners; but the authority may lease space, areas or improvements and grant concessions for trade and convention center purposes or purposes incidental thereto.
(b) The authority shall have the powers:
(1) To acquire by purchase, lease or otherwise and to hold or dispose of personal property of every kind and character for its purposes.
(2) To appoint and select offices, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation.
(3) To make contracts and leases and to execute all instruments necessary or convenient for the use of the facilities for a term not exceeding the term of the existence of the authority.
(4) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage all trade center facilities.
(5) To accept loans and/or grants of money or materials or property of any kind from any governmental subdivision, agency or instrumentality.
(6) To do all things necessary or convenient to carry out the powers expressly given herein.
(7) To exercise any power usually possessed by private entities performing similar functions which is not in conflict with the constitution and laws of the state.
(Res. of 3-14-88)
Sec. 2-67. Budget.
The authority shall each year prior to June 1 prepare a budget for trade and convention center finances for the ensuing calendar year. The budget shall be submitted for action first to a committee consisting of three members of the mayor and board of alderman of the City of Dalton appointed by the governing authority of the City of Dalton and two members of the board of commissioners of Whitfield County appointed by the board of commissioners of Whitfield County, which committee shall review and approve an annual operating budget in itemized form to be submitted to the governing authority of the City of Dalton. The governing authority of the City of Dalton shall have the power to approve or disapprove the budget as presented; said governing authority of the City of Dalton shall not have the power to modify any portion of said proposed budget unless and until said committee shall first review said budget as modified. The authority shall operate within the budget as approved by the City of Dalton. When necessary, the City of Dalton shall contribute to the authority's budget an amount necessary to underwrite losses incurred by the operation of the facility in an amount up to $250,000.00 per year. At the end of any fiscal year, any surplus in revenues over the costs of maintenance and operating expenses of the facility shall be used by the authority to reimburse the City of Dalton for its contribution covering all past budget deficits of the facility and authority incurred in any and all preceding fiscal years. Any surplus remaining after such payments shall be divided equally between the City of Dalton and Whitfield County.
(Res. of 3-14-88; Amd. of 9-14-95, 1)
Sec. 2-67.1. Future capital expenditures.
Except for (i) the annual operating budget, (ii) any capital expenditures relating to the maintenance of the physical plant and property; and (iii) expenditures required for compliance with all bond documents, all future capital expenditures recommended by the Northwest Georgia Trade and Convention Authority will be reviewed and approved by both the governing authority of the City of Dalton and Whitfield County.
(Amd. of 9-14-95, § 2)
Sec. 2-68. Reports.
The authority shall as soon as possible after the end of each fiscal year prepare and present to the city council and the county board an annual report of its activities and its finances.
(Res. of 3-14-88)
Sec. 2-69. Termination.
This division shall be in full force and effect for the term of 50 years from the date hereof. Three years in advance of the termination date, the authority shall prepare and recommend to the city council and the county board a complete plan for the disposition of or continued use of the trade and convention center facilities.
(Res. of 3-14-88)
Sec. 2-70. Enforcement.
Specific performance of the provisions of this division may be enforced against either party by the other party.
(Res. of 3-14-88)
Sec. 2-71. Amendments.
This division may be amended in any particular by following the procedure used for the adoption of the agreement.
(Res. of 3-14-88)
Secs. 2-72– 2-80. Reserved.
DIVISION 7. ------------
Editor's note: Inclusion of the provisions of §§ 1– 6 of a resolution adopted Jan. 9, 1990, as ch. 2, art. II, div. 7, §§ 2-81– 2-86, was at the discretion of the editor, the resolution being nonamendatory of the Code.
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Sec. 2-81. Created.
For the purpose of providing the community systematic oversight through citizen involvement in reducing litter and raising awareness of environmental concerns, there has hereby created the Dalton-Whitfield County Clean and Beautiful commission ("the "Commission") as a joint commission of the City of Dalton and County of Whitfield.
(Res. of 1-9-90, § 1)
Sec. 2-82. Governing body.
The commission shall be governed by a board of directors consisting of 15 members to be appointed each for two-year terms as follows: Seven members shall be subject to appointment by the Mayor and Council of the City of Dalton, and seven members shall be subject to appointment by the Board of Commissioners of Whitfield County. The chairman of the commission must be approved by resolution of both the mayor and council and the board of commissioners. The initial chairman shall be proposed by the mayor and council to the board of commissioners, who shall have the power to concur or reject. Upon the expiration of the term of the initial chairman, the board of commissioners shall propose the succeeding chairman to the major and council, who shall have the power to concur or reject. Thereafter, the mayor and council and board of commissioners shall alternate proposing chairmanship of the commission to the other for concurrence or rejection as hereinbefore provided.
If any vacancy occurs in any position on the board of directors, the vacancy shall be filled by the governing authority responsible for the initial appointment for the expiration of the term. In the event a vacancy occurs in the position of chairman for any reason, the governing authority responsible for proposing to the other that chairmanship shall propose to the other the person to fill the vacancy; and the governing authority receiving such proposal shall have the power to concur or reject as hereinbefore provided.
(Res. of 1-9-90, § 2)
Sec. 2-83. Community members.
Insofar as possible the mayor and council and board of commissioners shall seek to include among their appointments to the board of directors of the commission persons from each of the following sectors of the community: business and industry, civic organizations, neighborhood associations, communications industry, and educators.
(Res. of 1-9-90, § 3)
Sec. 2-84. Compensation.
The members of the board of directors of the commission shall serve without compensation.
(Res. of 1-9-90, § 4)
Sec. 2-85. Duties.
The board of directors shall implement and carry on the Keep America Beautiful system within the City of Dalton and County of Whitfield, and the tenants of the Keep America Beautiful system are attached hereto and made a part hereof by reference as Exhibit "A." The commission may periodically measure litter accumulations in the City of Dalton and County of Whitfield and shall make an annual report to the mayor and council and the board of commissioners showing its activities in carrying out the commission's program of work.
(Res. of 1-9-90, § 5)
Editor's note: The exhibit referred to in this section is not printed in this article.
Sec. 2-86. Bylaws.
The board of directors of the commission shall from time to time have authority to establish and amend its bylaws for the operation of the commission and to provide for standing committees to carry out various aspects of its work. The board of directors shall meet in regular or special sessions as provided by its bylaws and in the manner provided by its bylaws.
(Res. of 1-9-90, § 6)
Secs. 2-87– 2-90. Reserved.
DIVISION 8. ------------
Editor's note: Inclusion of the provisions of § 1 of a resolution adopted Nov. 23, 1993, as ch. 2, art. II, div. 8, §§ 2-91– 2-94, was at the discretion of the editor, the resolution being nonamendatory of the Code.
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Sec. 2-91. Created; purpose.
The Small Business Earthquake Outreach Advisory Committee for the County of Whitfield ("committee") is hereby created for the purpose of administering the $2,000.00 federal earthquake grant.
(Res. of 11-23-93, § 1)
Sec. 2-92. Duties.
The duties of the committee shall be to:
(a) Create, plan, and implement a local outreach program to reduce earthquake hazards for small businesses.
(b) Help small businesses become better prepared for the nonstructural damage that may be caused by an earthquake.
(c) Explore possible funding resources and sources for potential in-kind contributions to cover the cost of printing the campaign materials and conducting outreach activities.
(Res. of 11-23-93, § 1)
Sec. 2-93. Membership.
Each member of the board of commissioners shall appoint one person to serve as member of the committee.
(Res. of 11-23-93, § 1)
Sec. 2-94. Chairperson.
Immediately after their appointments, the members of the committee shall meet and designate a task force chairperson. The chairperson shall serve as the task force media spokesperson.
(Res. of 11-23-93, § 1)
DIVISION 9. ------------
Editor's note: Inclusion of provisions of a resolution adopted Nov. 8, 1994, as ch. 2, art. II, div. 9, §§ 2-95– 2-98, was at the discretion of the editor, the resolution being nonamendatory of the Code.
Cross references: City-county solid waste regulations, § 7-80 et seq.
------------
Sec. 2-95. Declaration of need; purpose.
There is hereby determined and declared to be a need for a regional solid waste management authority (as more fully described and defined in the Regional Solid Waste Management Authorities Act, O.C.G.A. § 12-8-50 et seq.) to function within the county, for the purpose of the collection, transportation, and management of solid waste.
(Res. of 11-8-94)
Sec. 2-96. Activated.
In conjunction with the City of Dalton, there is activated with the county the public body corporate and politic to be known as the "Dalton/Whitfield Regional Solid Waste Management Authority."
(Res. of 11-8-94)
Sec. 2-97. Directors.
There are appointed two members of the first board of directors of the Dalton/Whitfield Regional Solid Waste Management Authority (the "authority") each of whom is a taxpayer of the county residing in the county. Each of the persons named as directors shall serve in such capacity for a four-year term; provided that the term of office for the directors who are elected county commissioners shall end upon the end of the commissioner's term of elected office; and further provided that the directors shall each serve at the pleasure of the board.
(Res. of 11-8-94)
Sec. 2-98. Organization.
The board of directors of the authority shall organize itself, carry out its duties and responsibilities and exercise its powers and prerogatives in accordance with the terms and provisions of the Regional Solid Waste Management Authority Act as it now exists and as hereafter amended or modified.
(Res. of 11-8-94)
Secs. 2-99, 2-100. Reserved.
ARTICLE III. DIVISION 1. Sec. 2-101. Due date for ad valorem taxes.
The Board of Commissioners of Whitfield County, Georgia, pursuant to the provisions of O.C.G.A. § 48-5-148, establishes December 20 of each tax year to be the date on which unpaid state and county ad valorem taxes shall bear interest, as allowed by law, and on which executions against delinquent or defaulting tax payers may be issued.
(Res. of 12-20-99; Res. of 2-14-00)
Sec. 2-102. Revenue policy.
The county levies property taxes and assesses user charges for public works, public safety, and human resources. This policy is intended to provide guidance in assessing and collecting these revenues.
(1) The county shall maintain a diversified and stable revenue system, combining elastic and inelastic revenue sources to shelter it from fluctuations and minimize the effect of economic downturns.
(2) The county shall diversify the revenue base to reduce dependence upon property taxes.
(3) The county shall avoid nuisance taxes and charges and shall strive to keep the revenue system simple and friendly to taxpayers and service recipients.
(4) The county shall strive to minimize or eliminate all forms of subsidization between entities, funds, services, and customers to maintain equity in its structure.
(5) The county shall establish user charges at a level related to the total cost of providing that service. Issues to be considered when establishing user charges are ability to pay, effect of pricing on demand, identifiable benefits, discouragement of waste, and cost of collection. All fees and/or charges shall be reviewed annually.
In establishing new fees and/or charges, the county shall consider the following issues:
a. Sufficiency. Fees and/or charges should recover the full cost.
b. Efficiency. Fees and/or charges should be designed for easy, inexpensive administration.
c. Simplicity. Fees and/or charges should be easily understood by the payee and the county employees.
(6) The county shall adopt an aggressive policy toward revenue collection.
(7) The county shall maintain a good understanding of the revenue sources and shall adopt procedures for collection to meet operational objectives.
(8) The county shall strive to maintain a five-year projection for revenues and expenditures.
(9) The county shall maintain property taxes at a level adequate to fund basic services.
(10) The county shall seek public and private grants, contracts, and other outside funds sources.
(Mo. of 12-10-01)
Sec. 2-103. Deposits and cash management policy.
The deposits and cash management policy is written to provide guidance to employees of Whitfield County in handling receipts of cash and checks from customers and vendors and for the management of cash kept on the premises. Proper adherence to the policy provides protection to both the employee and to the county and provides the documents necessary to efficiently manage the county's bank accounts.
(1) Deposits. Many employees receive funds for deposit on behalf of Whitfield County. However, the county administrator is ultimately responsible for the proper management of the county's bank accounts. It is therefore essential for those employees taking deposits to follow the same policy. The guidelines for deposits are as follows:
a. All deposits will be listed on the deposit slips and will designate cash and/or checks.
b. Deposits will be balanced prior to completing the bottom deposit slip.
c. Both copies of the bottom deposit slip will be stamped with the proper account number for deposit.
d. Deposit bags will be secured for delivery to the bank.
e. Upon return from the bank, the bank deposit slip will be attached to the original deposit slip as well as the journal and any supporting documents for the monthly reconciliation.
(2) Cash management. Each employee handling cash must accept responsibility for his or her own cash bag. Security and control are important factors that should be applied to all areas of cash management. Following are the guidelines for proper cash management:
a. The county must bond any employee that handles cash on a regular basis.
b. Each employee should have his or her own cash bag. There should be no sharing of bags at any time.
c. Each employee should have a key that opens his or her bag only. There should be a second key to each bag for emergency purposes that is accessible only through the county administrator. In the event that a bag must be used when an employee is absent, two employees should count the bag before use and at the end of the day and initial and date the balance sheet.
d. Employees should count bags at the beginning and end of each day and initial and date the balance sheet. When an employee leaves his or her workstation, the bag should be secured (ex. placing bag in locked compartment).
(Mo. of 12-10-01)
Secs. 2-104– 2-110. Reserved.
DIVISION 2. ------------
Editor's note: Division 2 was comprised of § 2-111, which pertained to the county investment policy and derived from a motion adopted Mar. 22, 1994. The provisions of a motion adopted Dec. 12, 2001, have been treated by the editor as superseding § 2-111 and have been codified as §§ 2-111– 2-117.
------------
Sec. 2-111. Policy objectives.
Per O.C.G.A. § 36-83-2 G, "public interest is served by maximum and prudent investment of idle public funds so that the need for taxes and other public revenue is decreased commensurately with the earning on such investments." It is the objective of Whitfield County to invest idle public funds in a manner that will provide the highest investment return while insuring safety and liquidity as well as complying with the above state code section. Investment decisions are made with the judgement and care of a prudent person, not for speculation, but for investment.
(Mo. of 12-10-01)
Sec. 2-112. Responsibility.
Management and administration of the investment program of the county shall be the responsibility of the county administrator. The county administrator shall establish written procedures for the operation of the program, specifically outlining the decision making process, requirements for investment, placement of investments, and authority established under the program. The county administrator shall maintain a list of authorized institutions and shall review this list annually. On a quarterly and annual basis, the county administrator shall prepare a report of the investment program that shall be presented to the board of commissioners.
(Mo. of 12-10-01)
Sec. 2-113. Objectives.
In order to maximize investment return, the county shall pool all funds except those restricted or categorized as special funds. The county shall seek to reduce the credit risk, reduce interest rate risk, meet liquidity requirements, and maximize the rate of return. These objectives shall be achieved through long-term cash flow projections, diversification of investments and utilization of qualified institutions and brokers/dealers. Investment decisions shall be made impartially and any material interest in an institution or agency that can be construed to cause a conflict of interest shall be disclosed to the county.
The county shall also issue a request for proposal for banking services to financial institutions in the geographic area every three years beginning in 2002. The awarding of the contract shall be based on the proposals received. A contract shall be developed upon award and approved by the board of commissioners.
(Mo. of 12-10-01)
Sec. 2-114. Types of investments and requirements.
The county shall be authorized to make investment in the following types of securities pursuant to O.C.G.A. § 36-83-4:
(1) Obligations of this or other states;
(2) Obligations issued by the United States government;
(3) Obligations fully insured or guaranteed by the United States government or a United States government agency;
(4) Obligations of any corporation of the United States government;
(5) Prime bankers' acceptances;
(6) Local government investment pool;
(7) Repurchase agreements;
(8) Obligations of other political subdivisions of this state;
(9) Deposits of institutions established under the laws of this state or the United States and operating in the State of Georgia.
Collateralization will be required on certificates of deposit and repurchase and reverse repurchase agreements at 110 percent of market value of principal and accrued interest. Collateral is limited to obligations issued by the United States government and obligations fully insured or guaranteed by the United States government or an agency of the United States government and will be held by an independent third party with a safekeeping receipt supplied to the county. All transactions will be conducted on a delivery-versus-payment basis.
The county shall anticipate cash flow needs and shall attempt to match investment with that anticipated cash flow as closely as possible. Except for those reserve or other funds with long-term investment horizons, the county shall limit maturities to five years or less. A portion of the portfolio shall be invested in more liquid funds to meet the operational needs of the county.
GENERALLY
WHITFIELD COUNTY RECREATION BOARD*
WHITFIELD-MURRAY HISTORIC AND PRESERVATION COMMISSION
WHITFIELD COUNTY ADVISORY FIRE COMMITTEE*
DEVELOPMENT AUTHORITY
OF WHITFIELD COUNTY
NORTHWEST GEORGIA TRADE
AND CONVENTION CENTER AUTHORITY*
DALTON-WHITFIELD COUNTY
CLEAN AND BEAUTIFUL COMMISSION*
SMALL BUSINESS EARTHQUAKE OUTREACH ADVISORY COMMITTEE*
DALTON/WHITFIELD REGIONAL SOLID WASTE MANAGEMENT AUTHORITY*
FINANCES AND INVESTMENTS
GENERALLY
INVESTMENT POLICY*
| US Treasury Obligations | 100% |
| US Government Agency Securities and Securities issued by Instrumentalities of Government Sponsored Corporations | 75% |
| Repurchase Agreements | 25% |
| Prime Bankers Acceptances | 10% |
| Obligations of other political subdivisions of the State of Georgia | 25% |
(Mo. of 12-10-01)
Sec. 2-117. Reporting and audit requirements.
A quarterly and annual investment report will be made by the county administrator and submitted to the board of commissioners. The report shall include the following:
(1) List of individual securities held at the end of reporting period;
(2) Realized and unrealized gains or losses resulting from appreciation or depreciation by listing cost and market value of securities over one year duration that are not intended to be held until maturity;
(3) Average weighted yield to maturity of portfolio;
(4) List of investment by maturity date;
(5) Percentage of total portfolio with each type of investment represented.
The annual financial report of the county will disclose the performance of the investment program and will be audited annually by an independent firm.
(Mo. of 12-10-01)
Secs. 2-118, 2-119. Reserved.
DIVISION 3. Sec. 2-120. Cash handling policy.
Each employee handling cash must accept responsibility for his or her own cash bag. Security and control are important factors that should be applied to all areas of cash handling. Following are the guidelines for proper cash handling:
(1) The county must bond any employee that handles cash on a regular basis.
(2) Numbered receipts must be given for cash or checks received from all customers and vendors.
(3) All checks received must be immediately stamped "For Deposit Only".
(4) Each employee should have his or her own cash bag. There should be no sharing of bags at any time.
(5) Each employee should have a key that opens his or her bag only. There should be a second key to each bag for emergency purposes that is accessible only through the accounting supervisor. In the event that a bag must be used when an employee is absent, two employees should count the bag before use and at the end of the day and initial and date the balance sheet.
(6) Employees should count bags at the beginning and end of each day and initial and date the balance sheet. When an employee leaves his or her workstation, the bag should be secured (ex. placing bag in locked compartment).
(7) All departments must turn over funds to the finance department daily.
(8) The finance department must give numbered receipts for all funds turned over to them for deposit.
(9) The finance department will make daily deposits of funds received from all sources.
(10) All deposits will be listed on the deposit slips and will designate cash and/or checks.
(11) Deposit bags will be secured for delivery to the bank.
(12) The bank deposit receipt will be printed on the yellow deposit slip at the time of the deposit. The yellow deposit slip will remain in the bank deposit book for monthly reconciliation.
(Ord. of 9-9-02)
Sec. 2-121. Deposits and cash management policy.
(a) Deposits. Many employees receive funds for deposit on behalf of Whitfield County. However, the county administrator is ultimately responsible for the proper management of the county's bank accounts. It is therefore essential for those employees taking deposits to follow the same policy. The guidelines for deposits are as follows:
(1) All deposits will be listed on the deposit slips and will designate cash and/or checks.
(2) Deposits will be balanced prior to completing the bottom deposit slip.
(3) Both copies of the bottom deposit slip will be stamped with the proper account number for deposit.
(4) Deposit bags will be secured for delivery to the bank.
(5) Upon return from the bank, the bank deposit slip will be attached to the original deposit slip as well as the journal and any supporting documents for the monthly reconciliation.
(b) Cash management. Each employee handling cash must accept responsibility for his or her own cash bag. Security and control are important factors that should be applied to all areas of cash management. Following are the guidelines for proper cash management:
(1) The county must bond any employee that handles cash on a regular basis.
(2) Each employee should have his or her own cash bag. There should be no sharing of bags at any time.
(3) Each employee should have a key that opens his or her bag only. There should be a second key to each bag for emergency purposes that is accessible only through the county administrator. In the event that a bag must be used when an employee is absent, two employees should count the bag before use and at the end of the day and initial and date the balance sheet.
(4) Employees should count bags at the beginning and end of each day and initial and date the balance sheet. When an employee leaves his or her workstation, the bag should be secured (ex. placing bag in locked compartment).
(Ord. of 9-9-02)
Secs. 2-122– 2-130. Reserved.
ARTICLE IV. DIVISION 1. Sec. 2-131. Open meetings.
All meetings of the board of commissioners shall be held in accordance with the provisions of O.C.G.A. § 50-14-1 et seq. The public shall at all times be afforded access to all meetings other than executive sessions.
(Ord. of 7-25-94, § 1.01)
Sec. 2-132. Quorum.
A quorum must be present for conducting meetings of the board. Any commissioner may raise a point of order directed to the chairman if he believes that a quorum is not present. If, during the course of a meeting, a commissioner leaves and a quorum no longer exists, the meeting cannot continue. If a quorum is not attained within 30 minutes, the meeting will be rescheduled by the chairman with the approval of the commissioners present. Three members of the board of commissioners shall constitute a quorum for the transaction of all business which may come before them at any regular, extra or special meeting.
(Ord. of 7-25-94, § 1.02)
Sec. 2-133. Voting; majority.
(a) Passage of a motion shall require the affirmative vote of a majority of commissioners present and voting at a meeting at which a quorum is present. Unless otherwise specified in these procedures, a majority shall mean more than one-half of the commissioners present excluding abstentions, and provided that (a) no board action modifying the county budget so as to allow for supplemental budget appropriations for the current fiscal year shall be adopted without the affirmative vote of at least four board members; (b) no board action allowing an addition to the agenda shall be adopted without the unanimous affirmative vote of board members then in office; and (c) no board action allowing for an executive session shall be adopted without the unanimous affirmative vote, made in public, of the board members and attendance at a regular, special, or emergency board meeting at which a quorum is present. The chairman of the board of commissioners shall have a vote on all matters before the board.
(b) No vote on a motion for the acceptance or adoption of a written ordinance, resolution or contract shall be called for unless and until such document is first presented to the board in final form.
(Ord. of 7-25-94, § 1.03; Res. of 8-9-94, § 1; Res. of 5-14-96, § 1(a))
Sec. 2-134. Abstentions.
A commissioner may vote on all motions unless he has a conflict of interest which would prevent him from making a decision in a fair and legal manner. If a conflict of interest does exist, the commissioner shall explain for the record his decision to abstain on any vote.
(Ord. of 7-25-94, § 1.04)
Sec. 2-135. Chairman.
The chairman of the board of commissioners shall preside over all meetings of the board and is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the chairman shall be impartial and conduct the meetings in a fair manner. The chairman may not introduce motions or second a motion except that the chairman may introduce or second a motion to go into executive session as authorized by section 2-148 of this article.
(Ord. of 7-25-94, § 1.05)
Sec. 2-136. Vice-chairman.
The board shall select a vice-chairman from the board members at the beginning of each calendar year. The vice-chairman shall fulfill the duties of the chairman if the chairman is not in attendance. If the chairman and the vice-chairman are absent and a quorum is present, the remaining commissioners shall select a commissioner to serve as temporary chairman of the meeting until either the chairman or vice-chairman is present at the meeting.
(Ord. of 7-25-94, § 1.06)
Sec. 2-137. Agenda.
The county administrator, with the advice of the chairman and the commissioners, shall prepare and publish an agenda of subjects to be considered at each regular meeting. The agenda shall be made available to each commissioner by 12:00 noon on each Friday immediately preceding the regularly scheduled meeting date. Subjects to be placed on the agenda must be submitted to the county administrator in sufficient time so as to be included in the published agenda.
Members of the public may request that a particular subject be placed on the agenda for the next regular meeting. To be included on the agenda, the requesting party must contact and provide the office of the county administrator his or her name, address and telephone number and the topic which the requesting party desires to discuss. The request must be submitted to the office of the county administrator by 11:00 [a.m.] on each Friday immediately preceding the regularly scheduled meeting date at which participation is desired.
A topic not listed on the published agenda may be added to the agenda during a meeting by a unanimous affirmative vote of board members then in office.
(Ord. of 7-25-94, § 1.07)
Sec. 2-138. Minutes.
The clerk of the board shall promptly record the minutes for each board meeting. The minutes serve as the official written record of the board meeting and shall be open for public inspection once approved as official by the board but in no case later than immediately following the next regular meeting of the board. The minutes shall specify the names of commissioners present at the meeting, a description of each motion or other proposal made at the meeting, the commissioner who proposed each motion, the commissioner who seconded each motion, and a record of all votes. In the case of a roll-call vote, the name of each commissioner voting for or against a proposal shall be recorded. It shall be presumed that a commissioner has voted in the affirmative unless the minutes show otherwise. More detailed information may be included in the minutes at the request of the board.
The board must approve the minutes before they can be considered as an official record of the board. A copy of the minutes from the previous meeting shall be distributed to the commissioners at least by 12:00 noon on each Friday immediately preceding the regularly scheduled meeting date. The minutes of the previous meeting shall be corrected and approved by the board at the beginning of each meeting. A majority vote is required for approval. Conflicts about the content of the minutes shall be decided by majority vote. Upon being approved, the minutes shall be signed by the chairman and attested to by the clerk of the board of commissioners.
(Ord. of 7-25-94, § 1.08)
Sec. 2-139. Order of business.
All regular board meetings should follow an established order of business. The order is as follows:
(1) Call to order.
(2) Minutes.
(3) Public comments.
(4) Reports from committees and departments.
(5) Old business.
(6) New business.
(7) Adjournment.
(Ord. of 7-25-94, § 1.09)
Sec. 2-140. Decorum.
All commissioners must conduct themselves in a professional and respectful manner. All remarks should be directed to the chairman and not to individual commissioners, staff or citizens in attendance. Personal remarks are inappropriate. A commissioner is not allowed to speak at a meeting until he has been recognized by the chairman. All comments made by a commissioner shall address the matter that is being discussed.
The chairman shall enforce these rules of decorum. If a commissioner believes that a rule has been broken, he can raise a point of order. A second is not required. The chairman can rule on the question or he can allow the board to debate the issue and decide the issue by majority vote.
(Ord. of 7-25-94, § 1.10)
Sec. 2-141. Public participation.
Public participation in meetings of the board of commissioners shall be permitted in accordance with the provisions of this section.
(1) Public participation on agenda items. Members of the public may request that a particular subject be placed on the agenda for the following meeting. Public participation in this manner is encouraged so that members of the board of commissioners may have the opportunity, prior to such meeting, to gather information and otherwise prepare themselves so as to be able to discuss such subject and reply in a responsive and efficient manner. To be included on the agenda, the requesting party must contact and provide the office of the county administrator his or her name, address and telephone number and the topic which the requesting party desires to discuss. The request must be submitted to the office of the county administrator by 11:00 [a.m.] on each Friday immediately preceding the regularly scheduled meeting date at which participation is desired.
(2) Public comment. Although members of the public are encouraged to request that a particular subject be placed on the agenda of a board meeting as described in subsection (1), the board acknowledges that spontaneous questions and comments may arise from the public during the course of a meeting of the board. Accordingly, the public shall be allowed to address the board on any pertinent topic.
(3) Miscellaneous. Each individual addressing the board shall give his or her name, address and telephone number and shall be allowed five minutes of discussion with the board. No member of the public shall be allowed to speak under this section more than once nor to yield his or her time in favor of another member of the public.
(4) Decorum. Members of the public shall not make inappropriate or offensive comments at a board meeting and are expected to comply with the rules of decorum that are established for commissioners. Individuals who violate any rules of the board may be ruled out of order by the chairman or on a point of order made by a commissioner. A majority vote of the board will rule on the point of order. An individual who violates the rules of decorum may be removed from the meeting at the direction of the chairman.
(5) Public hearings. The board may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the board. Hearings may be held immediately prior to or following a meeting of the board or at such other places and times as the board may determine. No official action shall be taken at any such public hearing.
(Res. of 8-9-94, § 1.11)
Sec. 2-142. Parliamentarian.
The county attorney shall serve as the parliamentarian for board meetings.
(Ord. of 7-25-94, § 1.12)
Sec. 2-143. Amendments to rules.
Any amendments to the rules of order must be submitted by a commissioner in writing to the county administrator in sufficient time so as to be included in the published agenda prepared by the county administrator. The proposed amendment shall be included in the agenda for that meeting and distributed to all board members.
(Ord. of 7-25-94, § 1.13)
Sec. 2-144. Regular meetings, work sessions.
The board of commissioners shall hold regular business meetings on the second Monday of each month at 7:00 p.m. at the courthouse in Dalton, Whitfield County, Georgia. Such meetings may be adjourned from day to day until all business is completed.
Regular work sessions shall be held on the second Tuesday of each month at 5:30 p.m. at the office of the board of commissioners and said work sessions may be adjourned from day to day until all business is completed.
(Ord. of 7-25-94, § 1.14; Ord. of 1-14-97; Res. of 2-10-98)
Sec. 2-145. Special meetings and rescheduled regular meetings.
A regular meeting may be canceled, rescheduled or moved to a new location within the county site by the chairman for any reason. Other special meetings may be scheduled by the chairman or at the request of three commissioners. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the change shall be posted for at least 24 hours at the place of the regular meeting. In addition, written or oral notice shall be given by a member of the county administrator's office at least 24 hours in advance of the meeting to the legal organ of the county and to each commissioner.
(Ord. of 7-25-94, § 1.15)
Sec. 2-146. Emergency meetings.
When emergency circumstances occur, the board may hold a meeting with less than 24 hours' notice to the public. When such meetings are to be held, a member of the county administrator's office shall provide notice to the legal organ of the county and to each member of the county governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media.
(Ord. of 7-25-94, § 1.16)
Sec. 2-147. Executive sessions.
Executive sessions of the board may be held for the purpose of conducting business excepted from public access requirements as authorized by O.C.G.A. §§ 50-14-1 and 50-14-3 where a meeting of the board is devoted in part to matters within the authorized exceptions to public access requirements, any portion of the meeting not subject to any such exceptions shall be open to the public. No executive session shall be held except pursuant to a unanimous affirmative vote, made in public, of the board members in attendance at a regular, special or emergency board meeting at which a quorum is present.
The minutes of the public meeting shall reflect the names of the commissioners present, and the specific reasons for the executive session. Minutes of the executive session may be maintained by the clerk of the board of commissioners at the direction of the chairman. Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosures of such portions of minutes identifying real estate to be acquired by the board may only be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated.
(Ord. of 7-25-94, § 1.17; Res. of 5-14-96, § 1(b))
Sec. 2-148. Suspending the rules of order.
Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable and requires a majority vote of the board. Rules governing quorum (section 2-132), voting methods and requirements (section 2-133 and section 2-134), the notification to commissioners of meeting (section 2-146 and section 2-147) and rules necessary for compliance with state law cannot be suspended.
(Ord. of 7-25-94, § 1.18)
Sec. 2-149. Committees.
The chairman, with the concurrence of the board, may create committees of members of the board to study any issue before the board. Any such committees may make recommendations to the board of commissioners but no committee shall be empowered to make any final decision on any matter before it for consideration. In addition to board members, committees may include other county officials, staff or citizens at large. Whenever a committee is created, its duties, any limitation on the scope of its duties, and the times, places and periods of time for which the committee may operate shall be determined by the chairman with the concurrence of the board. The chairman shall serve as an "ex officio" member of all committees.
(Ord. of 7-25-94, § 1.19)
Sec. 2-150. Visual and sound recordings.
Visual, sound, and visual and sound recordings shall be permitted for all public meetings.
(Ord. of 7-25-94, § 1.21)
DIVISION 2. Sec. 2-151. Main motion.
In order for a board to take any official action on any subject, a commissioner must propose a main motion. A proposed main motion will not be recognized by the chair until another commissioner agrees to second the motion. A second does not require the commissioner seconding the motion to support the motion. A commissioner may withdraw a main motion that he has made at any time before the board has voted on that motion.
(Ord. of 7-25-94, § 2.01)
Sec. 2-152. Debate.
After the main motion is made, seconded and recognized by the chair, the board shall debate the motion. The debate shall be managed by the chairman in a manner that is fair to all members of the board. Commissioners can participate in the debate only when they are recognized by the chairman.
During the course of debate, commissioners may introduce subsidiary motions that propose that the board take a particular action on a motion (section 2-155). There are two classes of subsidiary motions: Debatable subsidiary motions and undebatable subsidiary motions. Debatable subsidiary motions consist of motions to postpone indefinitely, amend, refer to committee and postpone to a time certain. Debatable subsidiary motions require a second before they can be voted on or debated. There are three undebatable subsidiary motions: Limit debate, vote immediately, and lay on the table. They require a second and cannot be debated.
Commissioners may also introduce privileged motions (section 2-156). Privileged motions facilitate the running of the meeting and can be introduced during the course of debate. Privileged motions consist of a motion to raise a question of privilege and motions to recess and adjourn. The motions to recess and adjourn require a second. Debate is not allowed on privileged motions.
CASH AND DEPOSITS
MEETINGS
ORGANIZATION
PARLIAMENTARY PROCEDURE
| Lowest rank: | 1. Main Motion. | |
| Subsidiary Motions (Debatable) | ||
| 2. Postpone Indefinitely. | ||
| 3. Amend. | ||
| 4. Refer to Committee (Commit). | ||
| 5. Postpone to a Time Certain (Postpone Definitely). | ||
| Subsidiary Motions (Undebatable) | ||
| 6. Limit Debate or Extend Limits. | ||
| 7. Vote Immediately (Previous Question). | ||
| 8. Lay on the Table (Postpone Temporarily). | ||
| Privileged Motions (Undebatable) | ||
| 9. Question of the Privilege. | ||
| 10 Recess. | ||
| Highest rank: | 11. Adjourn. | |
(Ord. of 7-25-94, § 2.04)
Sec. 2-155. Subsidiary motions.
During the course of debate, commissioners may introduce motions that propose that the board take a particular action on a main motion. These motions are called subsidiary motions and they allow a board to reach a conclusion on the main motion. Subsidiary motions require a second before they can be voted on or debated. Three subsidiary motions, amend, limit debate and vote immediately, also can apply to other subsidiary motions.
(1) Postpone indefinitely. If a commissioner believes that the main motion should not be considered by the board, that commissioner may move to postpone the consideration of the main motions indefinitely. If the motion is successful, consideration of the main motion stops and the main motion is tabled. A motion to postpone indefinitely can be debated but it cannot be amended. A majority vote is required for the motion to pass.
(2) Amend. If a commissioner believes that a main motion that is on the table should be changed in order to make it more acceptable, he can move to amend the motion. Amendments must be closely related to the original motion and must not change the nature of the motion that they amend. Motions refer, amend, postpone to a time certain and the motion to recess can also be amended. A motion cannot be amended more than two times. Debate is allowed on a motion to amend only if the original motion is debatable. A majority vote is required for the board to adopt an amendment. If the amendment is adopted then the board shall consider the amended version of the motion.
(3) Refer to a committee (commit). If a commissioner believes that further information is needed before the board can act on a main motion, he may propose that the motion be referred to a specific committee or department for further study. If an appropriate committee does not already exist, then a committee may be formed as a part of the motion. A motion to refer should specify the date that the committee or department will report back to the board. This motion is debatable and amendable. A majority vote is required for the motion to pass.
(4) Postpone to a time certain (postpone definitely). A motion to postpone to a certain time may be proposed if a commissioner believes that the main motion should not be considered until a future time. This motion shall set a particular time for the main motion to be considered again. It is debatable and can be amended. If this motion is passed, the chairman will bring the original motion back to the board for consideration at the specified time. A majority vote is required for the motion to pass.
(5) Limit or extend limits of debate. A motion to limit debate places a time constraint on the length of debate. The details of such a motion are to be decided by the commissioner who makes the motion. This motion can also be used to extend the limits of debate if a limit on debate already exists. Debate is not allowed on this motion and a majority vote is required.
(6) Vote immediately (previous question). If a commissioner believes that the motion that is being considered should be voted on, the commissioner can move to vote immediately. The motion is undebatable and a vote of majority of the board is required for the motion to pass.
(7) Lay on the table (postpone temporarily). A motion to lay on the table proposes that the consideration of a main motion be postponed until a later time in the meeting. The motion can be brought up for consideration only if a motion to resume consideration is accepted by the board during the same meeting. The motion will die if it is not taken up during the meeting. Debate is not allowed on this motion and the motion is not amendable. A majority vote is required for the motion to pass.
(Ord. of 7-25-94, § 2.05)
Sec. 2-156. Privileged motions.
Privileged motions facilitate the running of the meeting. They do not address or relate to a main motion and can be introduced whether or not there is a main motion under consideration. Privileged motions take precedence over all subsidiary motions. Debate is not allowed on these motions.
(1) Question privilege. A formal question addressed to the chair concerning the rights of a commissioner or of the board as a whole is referred to as a question of privilege. It does not require a second and cannot be debated or amended. The chair is required to make a ruling on the question.
(2) Recess. A motion to recess proposes that the meeting be suspended for a particular amount of time. The motion must specify the length of the recess. The motion must also be seconded. Debate is not allowed on this motion but the motion can be amended. A majority vote is required for the motion to pass.
(3) Adjourn. In order for a meeting to come to a close, a commissioner must make a motion to adjourn. The motion to adjourn has the highest rank of any motion and as a result it can be introduced at any time. The motion requires a second, but is not debatable or amendable. A majority vote is required for the motion to pass.
(Ord. of 7-25-94, § 2.06)
Sec. 2-157. Incidental motions.
Incidental motions allow commissioners to exert their rights as a member of the board. Incidental motions can be introduced at any time during a meeting.
(1) Appeal. If a commissioner disagrees with a decision that is made by the chair, that commissioner may appeal the decision. If the appeal is seconded, the appeal will be considered by the board. The chair has the opportunity to explain the ruling that has been challenged. The board may then debate the appeal. The board shall decide by majority vote if the chair's decision is to be upheld or overturned. An appeal is high in precedence and can only be interrupted by a privileged motion or by a motion to lay on the table.
(2) Parliamentary inquiry. If a commissioner has a question about the rules of order, he may ask the chair to give an opinion on that question. This question should take the form of a parliamentary inquiry and should relate to the current business of the board. This motion takes precedence over all motions except privileged motions. This motion does not require a second and is not debatable or amendable.
(3) Point of order (question of order). If a commissioner believes that a violation of the rules of parliamentary procedure has occurred, he can raise a point of order. A second is not required. The chair can make a ruling on the question or he can allow the board to debate and then rule on the question by majority vote. A point of order can only be interrupted by a privileged motion or a motion to lay on the table.
(4) Point of information (request for information). If a commissioner has a question about the facts of a particular issue that is being considered, he may ask a point of information. This motion is addressed first to the chair and then to the appropriate person. A second is not required and the motion is not debatable or amendable.
(Ord. of 7-25-94, § 2.07)
Sec. 2-158. Supplementary main motions.
Three motions allow the board to act on a main motion that has either been passed or tabled by the board. These motions are considered to be main motions but differ from usual main motions in the ways specified.
(1) Reconsider. The motion to reconsider allows the board to debate whether or not to overturn a decision made at the meeting that is in progress. It allows the board to consider new information that may affect the decision that has already been made. Any commissioner can make a motion to reconsider and any commissioner may second the motion. The motion is debatable but it cannot be amended. A majority vote of the board is required for the motion to pass. If a motion to reconsider is passed, the original decision will be voided and the board will return to debate and revote the original motion.
(2) Rescind. A motion to rescind proposes that the board overturn a motion passed at a previous meeting. A motion to rescind can be made by any commissioner. It is in order as long as the original motion has not been implemented. An announcement of the intention to rescind a motion may be made at the meeting where the decision was made, or the commissioner seeking to rescind may place the matter on the agenda for the next meeting pursuant to section 2-137. The motion to rescind will then be placed on the agenda for the next meeting. At the next meeting, the motion to rescind will formally be made. If it is seconded, then the board shall debate and vote on rescission. A majority vote is required for the motion to pass. If a motion to rescind is passed, the original decision will be voided.
(3) Resume consideration. The motion to resume consideration allows the board to consider a motion that has been temporarily postponed. This motion requires a second and is not debatable or amendable. It is a main motion but ranks higher than any debatable motion. A majority vote is required for the motion to pass.
(Ord. of 7-25-94, § 2.08)
Sec. 2-159. Repealer.
Should any paragraph or provision of this article be in conflict with any other ordinance, rule, resolution, regulation or law, then such other paragraph or provision shall be viewed as and is hereby repealed.
(Ord. of 7-25-94, § 2.09)
ARTICLE V. DIVISION 1. Sec. 2-160. Purpose.
The purpose of this policy is to establish procedures and protocol governing the use of county facilities by third parties.
(Mo. of 11-12-01; Mo. of 4-12-04)
Sec. 2-161. Policy.
The facilities of Whitfield County, Georgia, (hereinafter "county") are to be used solely for county purposes except as hereinbelow specifically provided.
A usage fee shall be charged to offset county custodial expenses. The usage fee shall be determined by the county administrator. It is the intent of county that said fee shall reimburse the county for its cost in providing custodial and supervisory personnel during the use of such facility.
No county facility is to be used for a profit-making purpose. Fund raising events shall not be allowed within any county facility.
(Mo. of 11-12-01; Mo. of 4-12-04)
Sec. 2-162. Available facilities.
Whitfield County facilities shall be, subject to the terms, conditions and limitations herein stated, made available to third parties and used exclusively for civic, educational or charitable purposes.
The county administrator is hereby designated as agent for Whitfield County.
(Mo. of 12-10-01; Mo. of 4-12-04)
Sec. 2-163. Procedures; scheduling an event.
(a) All initial requests for use of a county facility shall be made in writing by completing a request form provided by the county administrator's office. Said request form must be received in the county administrator's office within five business days prior to desired date of use of a county facility. Said office shall review all requests and inform the applicant within two business days of the availability of the requested facility and the acceptance or denial of the request including the reason(s) for any such denial. With regard to a request for use of any particular facility or part thereof by third parties, the county administrator shall take into consideration the day-to-day use of such facility, the intended use of such facility by third parties, any security risks which may result from approval of such request, and alternate county facilities which may be more appropriate for such intended use.
(b) Third parties using a facility shall be responsible for cleanup of such facility after use.
(c) The office of the county administrator shall be responsible for collecting applicable fees before a facility is reserved.
(d) The county administrator shall arrange for county personnel to open the county facility, to remain on the premises during use, and to close and secure said facility after completion of use and approval of the condition of the facility.
(Mo. of 11-12-01; Mo. of 4-12-04)
Sec. 2-164. Waiver of use fee and cleaning deposit.
Upon the written request of any county officer, department head, or agent, the use fee may be waived. Such requesting party shall be personally responsible and liable for the opening and closing of the facility, the securing of such facility and the cleaning of such facility.
(Mo. of 11-12-01; Mo. of 4-12-04)
Secs. 2-165– 2-169. Reserved.
DIVISION 2. Sec. 2-170. Objective.
[The objective of this policy is] to provide guidelines and assign responsibility for the safe operation of vehicles owned or furnished by the Whitfield County Board of Commissioners.
(Mo. of 12-10-01, § 1)
Sec. 2-171. Policy.
It is the policy of Whitfield County that every effort will be made to prevent motor vehicle accidents. This effort will be accomplished by complying with all safety laws and regulations that apply to motor vehicles in the State of Georgia, or other applicable jurisdiction. All personnel will comply with this policy.
(Mo. of 12-10-01, § 2)
Sec. 2-172. General.
(a) Notwithstanding any other provision to the contrary contained herein, vehicles operated by the sheriff's office will be operated according to sheriff's office policies and procedures only.
(b) County vehicles shall be operated in strict compliance with all laws that apply to motor vehicles in the State of Georgia, or other applicable jurisdictions, including the use of seat belts. Vehicle operators who receive citations for moving violations will be personally responsible for payment of incurred fines and court costs. The department head for determination of payment responsibility may review citations for any other violation of applicable law.
(c) The county's automobile liability and physical damage insurance program covers county employees while driving a county vehicle within the scope of their employment with the county and as permitted in section 2-174(3)(a) below.
(d) Passengers must be engaged in county business, or performing in a volunteer capacity for the county. Examples of such passengers include students who participate with the county in certification, internship, or degree programs and who assist county employees while observing on-the-job activities. Under no circumstances may a non-county employee operate a county vehicle. Transporting family members in a county vehicle shall be allowed only when the family member is accompanying a county employee to an official county function.
(e) The county administrator may make temporary exceptions to the provisions of this policy in the case of disaster and emergency situations such as hurricanes, flood and riots where the county must protect life and property. Some examples may include but are not limited to chemical/gas spills, tornado/hurricane, major fire or explosions.
(Mo. of 12-10-01, § 3)
Sec. 2-173. Vehicle assignment.
All county vehicles shall be assigned to and operated in conformance with the regulations pertaining to one of the following classes of vehicles. The county administrator specifies assignments applicable upon adoption of this policy. When any employee, assigned a vehicle, goes on vacation or is gone for any extended period of time, their assigned vehicle will be parked at the appropriate county office parking lot and not at their residence. The county administrator following a recommendation from the department head will authorize changes, additions or deletions to assignments.
(1) Special assignment. Vehicles in this classification assignment may be driven to and from an employee's home when used for the purposes or under the conditions stated below:
a. Emergency service: Employee is subject to emergency calls from his/her residence for the protection of life or property, the health, safety and welfare of the citizens of Whitfield County. These employees perform a specialized function for the county, using specialized equipment apart from a radio, such that they are required to respond at any time during a 24-hour period. Scope of work for such employees shall mean and include the use of the vehicle during regular working hours, going to and from work, and while engaging in personal activities.
(2) Limited use assignment. These vehicles are used by employees to conduct official county business during regular working hours and may not be driven to an employee's home unless:
a. Employee is departing upon or returning from an official trip away from his/her headquarters under circumstances which make it impractical to use other means of transportation.
b. Employee needs the use of the vehicle after completion of a regular work day to conduct county business on the same day or before his usual working hours on the next day.
c. Approval from the county administrator for other circumstances.
(Mo. of 12-10-01, § 4)
Sec. 2-174. Responsibilities.
(1) Department heads will:
(a) Conduct a driver's license survey at least annually on all drivers under their supervision.
(b) Furnish driver license survey results to the human resources director.
(c) Ensure that all vehicle operators under his/her supervision who operate vehicles owned or furnished by the county are made aware of the contents of this policy.
(2) Supervisors will advise and assist all county drivers under his/her supervision in the prompt identification and correction of vehicle deficiencies which are to be corrected by the public works department.
(3) Employees who operate vehicles owned or furnished by the county will:
(a) Use the vehicle for official county business. Personal use, however, of a specifically assigned vehicle is permitted in the following circumstances: meal and rest breaks; physician's appointments in conjunction with authorized leave time; and response to emergency calls. The travel for personal use must be a reasonable detour from the assigned route of official business.
(b) Only allow as passengers those parties engaged in county business or performing as a volunteer for the county.
(c) Not allow family members to operate or ride as passengers.
(d) Not use such vehicle to stop at any bar, tavern, package store, nightclub, dance hall or similar establishment. The consumption of alcohol or other intoxicating substances or illegal drugs by any employee, including on-call employees, while engaged in operating a county vehicle is strictly prohibited.
(e) Maintain a valid Georgia driver's license.
(f) Notify both his/her supervisor and department head immediately upon any change in the status of their driver's license, for example; upgrading from driver to chauffeur, cancellation, revocation or suspension, DUI citation.
(g) Inspect their assigned vehicles prior to operation. Inspection will include, but not be limited to the following safety items:
1. Foot brakes.
2. Emergency brakes.
3. Lights.
4. Turn signals.
5. Windshield wipers/washers.
6. Tire condition.
7. Mirror and glass.
8. Oil level, at each fueling or more frequently, if required.
(h) Report deficiencies discovered through operator's inspection, which are beyond their capability to correct, to their immediate supervisor. No vehicle should be operated with a known safety deficiency.
(i) Not operate a motor vehicle unless the employee and front seat passengers are restrained by safety belts.
(j) Not temporarily install, nor allow to be temporarily installed, in any county vehicle any additional electronic equipment such as CD players, stereo tape decks and/or speakers. Additional equipment of this type is not allowed in county vehicles unless the vehicle manufacturer permanently installs it.
(k) Not temporarily or permanently attach personal items which may be inappropriate or publicly offensive, such as bumper stickers, window decals, or license plat frames.
(4) A list of people and their positions that are authorized to drive a county vehicle to their residence is maintained by the department head and the department head will provide a copy of the same to the human resource director.
(Mo. of 12-10-01, § 5)
Secs. 2-175– 2-179. Reserved.
DIVISION 3. Sec. 2-180. Introduction.
(1) Definition. "Fixed assets" are defined as property belonging to Whitfield County. Items meeting one or more of the following criteria are recorded on the fixed asset record system:
(a) Items with a cost of $1,000.00 or more;
(b) Items with a useful life of at least one year or more; and
(c) Tangible in nature.
These items are usually vehicles, equipment, furniture and office equipment. The list however, is not all-inclusive. Fixed Assets can be further defined as capital and non-capital acquisition made through purchases, donation, seizure and/or construction for use in day-to-day operations. They are owned by Whitfield County and are intended for job related use in service to the citizens of Whitfield County.
(2) Purpose. The primary purpose for recording fixed assets is to ensure stewardship of Whitfield County assets. Detailed and timely fixed asset records demonstrate accountability. Accurate and complete records provide a deterrent to lost or stolen assets and a basis for periodic inventory of those assets. Accurate fixed asset records are necessary in developing comprehensive risk management programs. Quality fixed asset records contribute to accurate financial statements and an unqualified audit opinion. Inadequate fixed asset records could lead to accidental violations of grant programs. Fixed asset records can supply cost estimates and replacement needs during the capital budget process. Asset replacement and enhancement cannot be properly planned without adequate fixed asset records.
The purpose of this manual is to define and describe a set of standard procedures and policies required to record and control the changes in the fixed asset system of Whitfield County. This is in accordance with generally accepted accounting principles.
(3) Scope. All items meeting one or more of the fixed asset criteria are recorded on the fixed asset record system. Assets with an acquisition cost of $1,000.00 or more are recorded in the annual financial report of Whitfield County.
(4) Users. The primary users of the fixed asset system include, but are not limited to the following:
(a) Department heads.
(b) Board of commissioners– Administrator's office accounting division.
(c) Internal or external auditors.
The fixed asset record system is maintained in a manner which facilitates ease of use by users.
(5) Responsibility. Department heads have direct responsibility of all fixed assets purchased for, assigned to or otherwise provided to their department. This includes the legal and ethical obligation of their staff to provide sufficient care and safekeeping of fixed assets. Custodial responsibility obligates the department to give reasonable protection against theft, vandalism, misuse, and destruction of assigned fixed assets. Department heads will be given a quarterly report containing fixed assets assigned to their departments. It is the responsibility of the department heads to review this report and verify the accuracy of the report. If one of the assets on the report is not in the department, it is the departments' responsibility to notify the accounting division immediately. Fixed assets are not to be removed from assigned locations without the permission of the department head.
The accounting division is responsible for administering the fixed asset record system. The primary mission of the accounting division involvement in fixed asset management is to maintain complete and accurate records of all transactions related to the acquisition, use, and eventual disposition of fixed assets. The accounting division is also responsible for reconciliation of fixed asset transactions to the general ledger, implementation and correction of internal audit findings as a result of physical inventory, and presentation of fixed asset data in the Whitfield County Annual Financial Report.
All assets identified as no longer usable by departments are declared surplus. All departments have an opportunity to inspect surplus assets for possible use before they are sold or otherwise disposed. This helps to avoid duplication and unnecessary purchase of assets. Exceptions to this are obsolete, traded, dismantled, donated, and individual sale.
The internal auditor conducts an annual physical inventory of fixed assets. All fixed assets are subject to audit during this process. Internal audit has all responsibility for the physical inventory. This includes scope, timing and all other phases of the physical inventory process.
(Mo. of 12-10-01)
Sec. 2-181. Acquisition.
Fixed assets can be acquired by Whitfield County in any of the following ways:
(1) Purchase. This is defined as regular acquisitions of nonconsumable and nonexpendable items with a useful life of at least one year and an acquisition cost of $1,000.00 or more. Fixed assets acquired by purchase are recorded at historical cost. Historical cost is defined as consideration or money given or received. Historical cost also includes any other reasonable and necessary costs incurred to place the asset in its intended location and use.
(2) Gifts or donations. These are defined as acquisitions from outside agencies, companies or individuals. Normally there is no monetary cost for acquiring these assets. They must meet fixed asset criteria before being recorded on the fixed asset record system. Gifts or donations are recorded at fair market value on the date of acquisition by Whitfield County. Fair market value is the estimated amount at which the fixed asset might exchange between a willing buyer and willing seller. Independent appraisal is used to determine fair market value. In the event this is not feasible or available, the accounting division will determine the fair market value by using average costing.
(3) Seizure. This is defined as the legal acquisition or condemnation of items awarded to Whitfield County departments/divisions by the courts. Fixed assets acquired through legal seizure or exercise of eminent domain is recorded at the amount expended to the previous owner in the legal process.
(4) Renovations or improvements. These are defined as betterment's to existing assets that meet fixed asset criteria. Renovation or improvements to existing assets are recorded at the end of each fiscal year. The renovation is recorded as a separate asset on the automated fixed asset record keeping system and shown to be connected to the original asset. Costs considered to be repair and maintenance are recorded as operating expenses. To help distinguish between repair and maintenance or improvements, a 20 percent test is used. If the expenditure for the renovation or improvement is not greater than 20 percent of the original cost of the improved asset, the expenditure will be considered repair and maintenance.
(5) Construction or fabrication. This is defined as the assembly of assets by Whitfield County or outside companies or individuals for use in the day to day operations of Whitfield County. Constructed assets are recorded at the cost of construction. Construction of major assets may span two or more fiscal years. In this event, the cost of construction is capitalized into construction in progress until construction is complete.
(6) Found. These are defined as items discovered in the day-to-day operations of Whitfield County or during the annual physical inventory. Their historical cost is normally estimated by the accounting division.
(Mo. of 12-10-01)
Sec. 2-182. Tagging of fixed assets.
The primary purpose of tagging fixed assets is to maintain a positive identification of assets owned by Whitfield County. Other purposes are to provide an accurate method of identifying individual assets and to facilitate the physical inventory process.
Serialized tags are pre-numbered sequentially and used to tag assets that meet fixed asset criteria. The accounting division has the responsibility of tagging fixed assets with serialized tags within 60 days of payment for an asset.
Whitfield County follows the suggested tag locations set forth in Government Fixed Asset Inventory Systems edited by Paul E. Glick. In the absence of a specific listing for a type of asset, the tag is placed close to the manufacturer's ID plate. In the absence of an ID plate, the tag is placed in an easily readable and accessible location.
(Mo. of 12-10-01)
Sec. 2-183. Transfers of fixed assets.
Transfers are defined as any movement of an asset by virtue of change in location. Transfers can occur between different departments. Fixed asset transfers require the authorization of the effected department heads. Assets can be transferred by loan or permanent movement. Each type of transfer is explained further below.
A loan occurs when a fixed asset is being used temporarily by a department other than the department having responsibility for the asset. In the event of a loan, the department will complete a fixed asset transaction document (Form 02) and forward it to the accounting division prior to physical movement of the fixed asset. In the event of a loan, the loaner department or division will remain on the fixed asset record system. The loanee department or division will be listed in the location and building code sections on the fixed asset record system.
The permanent movement of an asset between departments or divisions is reported by the completion of a fixed asset transaction document (Form 02). The form is completed and forwarded to the accounting division before the asset is physically moved.
Requests for the physical movement of fixed assets in the event of transfer are the responsibility of the department.
(Mo. of 12-10-01)
Sec. 2-184. Disposals of fixed assets.
(a) The board of commissioners of Whitfield County prior to disposal must approve all disposals of fixed assets. After approval a fixed asset disposition document (Form 01) is completed and forwarded to the accounting division by the department. Once the assets are sold, the disposal is entered on the fixed asset record system.
(b) Fixed assets may be disposed in [the following] six ways:
(1) Auction. This is defined as the sale of surplus or obsolete assets that have been inspected by other department/divisions for possible use and are now being held for sale in the surplus warehouse. This is the most common method used for disposal of Whitfield County fixed assets. The accounting division removes fixed asset tags prior to sale, prepares a revenue allocation worksheet by fund, and disposes sold assets on the fixed asset record system. To dispose of assets sold at auction on the fixed asset record system, the accounting division uses the auction list previously approved by the commission. This serves as authorization to remove the assets from the record system. The accounting division may need to count assets in surplus after auction for verification. The internal auditor is notified if this need arises.
(2) Stolen. This is defined as fixed assets removed from a location without permission.
(3) Donations. This is defined as donations of assets to other person or agencies. A copy of the minutes of the board of commissioners meeting approving the donation of Whitfield County fixed assets is required.
(4) Sale other than auctions. This is defined as an individual sale other than auction of fixed assets. For example, the sale of a piece of equipment to another government agency. The accounting division is notified prior to the sale. The board of commissioners approval is required.
(5) Dismantling. This is defined as the breakdown of fixed assets for alternate use. For example, a lawnmower is dismantled for parts. The accounting division is notified prior to the dismantling.
(6) Trade-in. This is defined as assets traded for other assets. Since the trade-in is equal to the disposition of a fixed asset, the board of commissioners approval is required. The accounting division is notified prior to the trade-in.
For accounting purposes, the newly acquired asset is to be recorded at the cost without allowance for trade-in.
(Mo. of 12-10-01)
Sec. 2-185. Physical inventory.
A physical inventory of fixed assets is conducted annually by the internal auditor. The scope of the inventory is determined by the internal auditor and is subject to change with each audit. All fixed assets are subject to audit. Assets being held in surplus are also subject to audit during this process.
Once the physical inventory is complete, internal audit will issue a report detailing the findings and recommendations of the audit. The accounting division is responsible for implementing the recommendations and answering the findings of the physical inventory if possible.
(Mo. of 12-10-01)
Sec. 2-186. Sensitive assets.
Sensitive assets are those assets that may not meet the fixed asset criteria but need to be included on fixed asset records. The need for inclusion is based on the sensitive, portable or theft prone nature of the asset. These assets are not recorded on the fixed asset record system, but are maintained at the department level. They are given an unserialized tag with the heading "Property of Whitfield County". They include radios, electronic equipment and printers.
For this purpose, radios are defined as public safety radio equipment. Desktop radios are not included. Electronic equipment is defined as television sets, video cassette recorders, and cameras. Printers are defined as computer related printers.
(Mo. of 12-10-01)
Sec. 2-187. Items not considered fixed assets.
There are items that meet fixed asset criteria that are not recorded on the fixed asset record system. The inclusion of these items creates inaccuracy and does not contribute to the overall purpose of fixed asset record keeping as outlined on page 1 of the fixed assets record keeping manual [on file in the county clerks office]. The items that fall into this category are as follows:
(1) Light bars.
(2) Traffic lights.
(3) Computer software.
(4) Infrastructure.
(5) Inventory parts.
(6) Repair and maintenance items.
Light bars refer to the lighting systems for public safety vehicles. Computer software refers to mainframe software, server software, personal computer software, or any other software that will remain in the permanent custody Whitfield County Information Technology Department. Inventory parts refer to parts inventories maintained by public works and fire department. These inventories are considered consumable.
(Mo. of 12-10-01)
Secs. 2-188, 2-189. Reserved.
ARTICLE VI. ------------
Editor's note: Section 1 of an ordinance adopted July 11, 2005, created a new Art. VI entitled as herein set out.
------------
Sec. 2-190. Application for indigent defense services.
Each person lacking the financial ability to provide, for himself or herself, representation in his or her defense in criminal proceedings in the magistrate court or probate court of Whitfield County, and desiring that the county provide such services to him or her, shall submit an application to the county requesting indigent defense representation and setting forth the specifics supporting their need for such indigent representation. The application shall be submitted to the public defender upon intake at the jail, upon first appearance, or at any pretrial hearing, upon a form approved by the governing authority of Whitfield County.
(Ord. of 7-11-05, § 2)
Sec. 2-191. Application fee.
Each applicant for indigent defense services shall pay an application fee of $50.00 to the public defender's office or clerk of court in which such representation is requested. Such fee must be paid either at the time the application is submitted or at the time the representation is provided.
(Ord. of 7-11-05, § 2)
Sec. 2-192. Waiver.
The fee required hereunder may be waived only upon order of the presiding judge scheduled to hear the matter in which the applicant is seeking a waiver of the application fee. The judge may order a waiver of the fee only upon a finding by the court that the defendant is unable to pay the fee or that paying the fee would cause hardship to the defendant.
COUNTY PROPERTY, FACILITIES, ETC.
COUNTY FACILITIES USAGE
COUNTY VEHICLE USAGE
FIXED ASSETS RECORD SYSTEM
INDIGENT DEFENSE SERVICES*