Definitions; Compensation of Members of County Governing Authorities

  1. Law
  2. Georgia Code
  3. Local Government
  4. Organization of County Government
  5. County Governing Authorities
  6. Definitions; Compensation of Members of County Governing Authorities

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  1. As used in this Code section, the term:
    1. "County governing authority" means a governing authority as defined in paragraph (7) of Code Section 1-3-3 and an elected county chief executive officer.
    2. "Expenses in the nature of compensation" means any expense allowance or any form of payment or reimbursement of expenses other than reimbursement for expenses actually and necessarily incurred by members of a county governing authority.
  2. Unless otherwise provided by local law, the governing authority of each county is authorized to fix the salary, compensation, expenses, and expenses in the nature of compensation of the members of the governing authority subject to the following conditions:
    1. Any increase in salary, compensation, expenses, or expenses in the nature of compensation for members of a county governing authority shall not be effective until the first day of January of the year following the next general election held after the date on which the action to increase the compensation was taken;
    2. A county governing authority shall take no action to increase salary, compensation, expenses, or expenses in the nature of compensation until notice of intent to take such action and the fiscal impact of such action has been published in a newspaper designated as the legal organ of the county at least once a week for three consecutive weeks immediately preceding the meeting at which the action is taken; and
    3. Such action shall not be taken during the period of time beginning with the date that candidates for election as members of the county governing authority may first qualify as such candidates and ending with the first day of January following the date of qualification.
  3. Salary, compensation, expenses, and expenses in the nature of compensation paid to members of a county governing authority in accordance with applicable local or general salary laws in effect on January 1, 2001, and as subsequently amended, shall continue in full force and effect as compensation for such county officials unless such compensation is increased pursuant to subsection (b) of this Code section; and this Code section shall not affect the power of the General Assembly at any time by local or general law to increase or decrease any or all of such compensation or by local law to withdraw the authority otherwise granted to a county governing authority under this Code section.

(Code 1981, §36-5-24, enacted by Ga. L. 2001, p. 789, § 1; Ga. L. 2013, p. 141, § 36/HB 79.)

Editor's notes.

- Former Code Section36-5-24 was repealed and reserved by Ga. L. 1994, p. 237, § 2, effective July 1, 1994. This former Code section, relating to salary of county commissioner in counties having a population of not less than 12,300 or more than 12,400, was based on Code 1981, § 36-5-23, enacted by Ga. L. 1982, p. 588, §§ 1, 2; Code 1981, § 36-5-24, as redesignated by Ga. L. 1983, p. 3, § 27; Ga. L. 1993, p. 91, § 36.

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).

JUDICIAL DECISIONS

Citizen challenging legality of salary increase ordinances.

- County citizen lacked standing to seek a declaratory judgment with respect to the claims challenging the legality of the salary ordinance as the citizen did not seek to enforce a public duty conferred by statute but rather sought to block the enforcement of an ordinance passed pursuant to O.C.G.A. § 36-5-24; thus, O.C.G.A. § 9-6-24 did not confer a citizen standing to challenge the validity of acts authorized by the statute or to attack the constitutionality of the statute. Williams v. DeKalb County, 308 Ga. 265, 840 S.E.2d 423 (2020).

Suit challenging ordinances increasing pay.

- Plaintiff, as an individual, had standing to request that a civil penalty be imposed against the commissioners under the Open Meetings Act, O.C.G.A. § 50-14-1 et seq., in a suit challenging the county governing authorities increasing their pay via ordinances because the provision plainly contemplated that a private person (or firm, corporation, or other entity) can bring an action to enforce the Act to protect the public from closed-door politics. Williams v. DeKalb County, 308 Ga. 265, 840 S.E.2d 423 (2020).


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