No where is it written in law that the Chairman has exclusive hiring and firing authority over Department heads. Neither does the law allow the Chairman exclusive control of setting the agenda. The Chairman has “assumed” that authority in recent years with little challenge by the Board. ……...................................................... Public BOC Meeting on May 6, 2009, at 5:30 PM at the community center meeting room at Oconee Veterans Park.

AVOC

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April 23, 2009

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Oconee BOC reviews Chairman’s duties, responsibilities and authority

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By Wendell Dawson, Editor, AVOC, Inc

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VOILA!  Majority rules on the Oconee County Board of Commissioners.  

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The Board will meet Wednesday, May 6, 2009, in a ‘work session’ beginning at 5:30 p.m. in the community center meeting room at Oconee County Veterans Park.   Commissioners could meet the next day, May 7, if necessary to review the recent study by the Carl Vinson Institute.   Stated simply, the study report indicates the basic structure of the Oconee County Board is alright.   The problems result from lack of unity on the Board and the assumption of authority by the current chairman.   Interested citizens should attend the meeting on May 6 which is open to the public.

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No where is it written in law that the Chairman has exclusive hiring and firing authority over Department heads.    Neither does the law allow the Chairman exclusive control of setting the agenda.   The Chairman has “assumed” that authority in recent years with little challenge by the Board.   The “Agenda Meeting” held before the monthly business meeting was set up 20 years ago to allow public discussion and commission input in items to be placed on the agenda.

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The Board, by resolution or ordinance, can provide that hiring and firing of Department Heads shall be made by majority vote of the Board.    The Board can provide that the Administrator reports to the Board and not just the Chairman.    Until the current administration, all hires of administrative principals were subject to interviews and action of the entire Board.

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The Board can address much of the current complaints about the chairman by a majority vote and adopting formal resolutions drawn by a disinterested draftsman.  The Oconee “Charter” is very flexible on the issue.      SEE GA Laws 1988, Page 3546

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Oconee County BOC Chairman Duties GA Laws 1988

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Georgia Laws 1988

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3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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Section 3. Said Act is further amended by striking Section
9 and inserting in its place a new Section 9 to read as follows:

"Section 9. (a) The chairman of the board of commis-
sioners shall have the following duties and responsibilities:

(1) To act as presiding officer at all meetings of the
board, including the duty of preserving order and decorum
at such meetings;

(2) To state every question coming before the board
and to announce the decision of the board on all subjects
and to decide all questions of order, subject, however,
to an appeal to the board, in which event a majority
vote of the board shall govern and conclusively determine
such question;

(3) To exercise the right to vote to break a tie vote;

(4) To sign all ordinances, resolutions, and contracts
in behalf of the county;

(5) To execute all evidences of indebtedness incurred
by the county;

(6) To act as ceremonial head of the county govern-
ment; and

(7) To exercise other administrative duties that may
be delegated to the chairman by the board of commission-
ers.

Approved February 11, 1988.

Duties of Oconee County Commission Chairman

Oconee.BOC.Legislation.GA.Laws.1988.pdf x

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Full-time or Part-time Chairman

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

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Legal Brief (1978) on Oconee County Commission and Chair

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

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

http://www.avoc.info/info/article.php?article=3869

4-21-09 Oconee Government Structure is not the problem – Leadership is the issue

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The Athens Banner-Herald

http://www.onlineathens.com/stories/041009/new_427695015.shtml

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April 9, 2009

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Study finds gray areas in Oconee leadership

Government operates well enough, but separation of powers sometimes blurred

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By Adam Thompson

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The Oconee County government is operating smoothly, but mostly on precedent, according to a new study of the county's administrative structure released this week………..