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4-30-08 History and Analysis of Oconee County’s Form of Government

Throughout my career with the county, I always have taken the position that a majority of the Board could overrule the Chairman. (SEE third paragraph from the end of my June 6, 1978 Legal Brief)

AVOC

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April 28, 2008

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History and Analysis of Oconee County’s Form of Government

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By Wendell Dawson, Editor, AVOC, Inc

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From time to time, we hear folks talking about changing the Oconee County form of government.   The incumbent Chairman, Melvin Davis, campaigned in 2000 on a platform of making the Chairman’s position part-time.   He did not follow through with eight years in office.     He has exercised authority of a chairman not seen since the 70’s.

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I was first elected as a Commissioner in 1972.   At that time, we had a full-time chair and no clerk and no vice-chair.   The members of the Commission were called “Associates” and the fourth member was the Ordinary (now Probate Judge) who was an ex-officio member.   Once the Chairman was out with a heart attack and the Ordinary, as County Treasurer, had to sign checks.   The Board had no vice-chair and could not meet and conduct business.

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At the time I ran, we had no posts.   We all ran as a group and the “Three Highest Vote Getters” were declared winners.   A person could vote for three persons.  The year I ran, there were eight running and I received the highest vote with 1402 votes.

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We proceeded to amend the charter in 1975 to remove the Ordinary (Probate Judge) from the Commission, designate a Clerk and to provide for a Vice-Chairman.   Four posts were designated for the four members.Basically, that structure has remained in effect.

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In 1976-8, I was County Attorney.There was conflict between the Board members and the Chairman.   Four members wrote a letter to me, as county attorney, asking me to research the powers of the Board Members.My opinion delved into the subject in some detail and cited authorities to support that opinion.The Legal Brief was dated June 6, 1978.   The Brief changed the operations of the Board.

SEE COPY:   History of Oconee County Commissioners BOC-Legal Brief-6-6-78.pdf x

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In the eighties, I was County Attorney when the County Charter was revised to remove the provision for hay for the Chairman’s horse etc.” and to provide for more defined powers of the chairman and the board.The Board wanted to make the position part-time and hire a “County Manager”.   While I never dreamed of seeking the job, that setup allowed me to run while still maintaining my law practice.The theory was that other qualified people could also hold the job.   The first person hired did not work out and he was discharged by the entire board in executive session.

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There were other changes in the nineties, primarily addressing salary.   For a detailed history of the evolution of the governing authority see an article that I wrote in 2001 partly in response to some of my critics who had disseminated some incorrect facts and information about the situation.

SEE:   Oconee Chair- Part-time or Full-time! A Continuing Topic 2001.pdf x

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Throughout my career with the county, I always have taken the position that a majority of the Board could overrule the Chairman. (SEE third paragraph from the end of my June 6, 1978 Legal Opinion.) I still feel that way.   The members have to speak up and demand accountability.   We need that badly today.


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