It is just not politically feasible or realistic to expect commissioners to set their own salaries and certainly will not fly with the other county officials. When making legislative changes for the future, present personalities should not influence it. The County’s best interest should be paramount.

AVOC

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December 16, 2011

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Proposals to change Oconee County BOC ‘Charter’ needs careful review

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By Wendell Dawson, Editor, AVOC, Inc

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Commissioner John Daniell has recently made some proposals for changing the enabling legislation, or charter, for the Oconee County Board of Commissioners.   The local media has reported on it.   Lee Becker, in his Oconee Observations, did an article on November 28, 2011, that summarized the proposals.  

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According to Becker and other reports, Daniell’s goals are the following:

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            …. wants the Board of Commissioners to gain control over how salaries for the commissioners are determined;

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            …. also wants all five commissioners to vote on all issues;

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            And wants to create a single piece of enabling legislation for the county.

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Oconee Enabling Legislation-Oconee County Observations -11.28.11

http://oconeecountyobservations.blogspot.com/2011/11/oconee-county-commissioner-daniell.html

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In response to the reports, I shared some comments with the Commissioners, County Attorney and others, about the proposals.   In my 26 years of service to Oconee County, I was involved in most of the legislative action involving the Board of Commissioners after 1972.   See below for text of my comments made on 11.29.11.   Also see links to articles and history of the Oconee County Commission over the long haul.

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There are no absolutes in County Government.   As one involved in a number of changes, I can appreciate that change is always going to happen.   However, before changing, one needs to know some background.

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In the 70’s the Chairman was earning about $ 600.00 a month.   Any attempt to change the commissioners’ pay brought all kinds of flack from some media and citizens.   Many understood and supported changes.   At the same time, a popular Sheriff could get legislation to set his minimum salary and even how many cars and deputies that had to be provided.   All it took was for the Senator and Representative to sign on.   (I personally was strongly attacked politically on at least two occasions during my 12 years as Chairman while attempting to get a more equitable compensation.   I served for 4 years for $
2,000.00 a year.)

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All the other elected officials, Sheriff, Clerk of Superior Court, Probate Judge and Tax Commissioner, belonged to associations with sufficient political clout to establish their minimum salaries and supplements all over the state.  This was the prevailing compensation method in the 1980s and thereafter.   The officials were paid considerably more than the Chair of the Commission who was the Chief Executive Officer of the County.

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To get good folks and candidates, many felt better salaries would help.  In 1998, after consultation with all the local elected officials, commissioners, legislators, Grand Jury, et al, Legislation was sought setting up a formula for all the fulltime elected officials that would be adjusted by the legislature from time to time for inflation etc.   

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One thing that may need review for all Oconee officials, is the adjustment that ACCG promoted for Commissioners that went into effect the year after I left office.   If I remember correctly, about $ 10,000 a year was added to the base salary set by the 1998 formula.    This raised all the fulltime officials in Oconee County and there was little fanfare about it.   That feature could be reviewed for future terms of officials.

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As to a single source document, the County Attorney could gather sections of GA Laws involving Oconee County and put it in a pamphlet form.   (For historic perspective, Local Legislation in the 60’s and 70s on other officials should be included)

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It is just not politically feasible or realistic to expect commissioners to set their own salaries and certainly will not fly with the other county officials.   When making legislative changes for the future, present personalities should not influence it.   The County’s best interest should be paramount.

.           AVOC COMMENTS ON Proposals 11.29.11

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CITIZENS

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Thanks to Lee Becker we have some information on some changes that John Daniell is proposing for the legislation creating the Oconee Board of Commissioners.

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Commissioners need to proceed slowly on some of these ideas.   They need to learn more about the history of the County Legislation.  Any changes will have to be submitted to the US Dept of Justice for prior approval before taking effect.

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1.         First, the1917 Act, creating the original Board of Commissioners, has little effect any more.   The county changed to post elections and five members in 1975 legislation.   There was concern that Dept of Justice would require districts but that has not happened.   Do we want to risk change in the current environment?   Whatever is done, the 1917 Act is in the Books and will remain as the creation of the Oconee County Board of Commissioners.  It cannot be erased.

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2.         Unless the law has changed, commissioners cannot change their compensation by local act.   This is a risky change because, candidates can “promise” to work for nothing and demagogue votes on salaries.  

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3.         When the 1988 changes in the Charter were made, it substantially eliminated the provisions of the 1917 act and spelled out the powers of the commissioners and chairman.   It allowed for flexibility that allowed the current action of the Board in curtailing the powers of the Chairman.    As County Attorney, I asked if the Chairman should be allowed a vote.  Conservative Commissioner Wm Wagner said, “..Definitely No.  The Chairman will have enough power without a vote.”

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4.         A new comprehensive charter can be done but things change, boards change, and it is a living document.   It has been changed many times over the decades to reflect changing conditions.   Future commissioners will have their own ideas about the setup.   Grand juries were involved in past changes and they have stood the test of time.   Changes need to be well thought out.

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5.         Mr. Daniell’s suggestion that part-time commissioners should receive no benefits is ill-advised.    Mr. Daniell is a corporate employee and has private benefits; three of the current commissioners have UGA related benefits.   What about the farmer or self-employed commissioner?  It takes a lot of time.    DO WE WANT A COMMISSIONER, REPRESENTING OCONEE COUNTY, TO BE UNINSURED?   It would be embarrassing for a Commissioner to need community benefits to pay a medical bill……   This is not desirable.

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The Commissioners need to proceed slowly on tinkering with laws that have a lot of history and experience.  I hope they will seek input from others and how other counties deal with it.  In the past, many counties looked to Oconee County as a model.   We have not had internal lawsuits as have occurred in other counties.   Existing legislation was based on issues and problems that the county wanted to avoid.

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Wendell Dawson, Editor, AVOC, Inc

Oconee County Commission Legislative History Summary 12.15.11.pdfx

http://avoc.info/files/Oconee%20County%20Commission%20Legislative%20History%20Summary%2012.15.11.pdf

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1.         4-30-08 History and Analysis of Oconee County’s Form of Government

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

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2.         4-23-09 Oconee BOC reviews Chairman’s duties, responsibilities and authority

            http://www.avoc.info/info/article.php?article=4001

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

                http://avoc.info/files/Oconee%20Chair-%20Part-time%20or%20Full-time!%20A%20Continuing%20Topic%202001.pdf

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4.         9-26-01 Oconee BOC Changes Agenda Format

           http://www.avoc.info/info/article.php?article=611&ENGINEsessID=2d2bb45a0dd94a2458a26267e429fb05

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5.         Legal Brief (1978) on Oconee County Commission and Chair

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

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6.         Duties of Oconee County Commission Chairman

            Oconee.BOC.Legislation.GA.Laws.1988.pdfx