Senate Bill 52: Balancing Responsibilities
10/11/08 10:36 pm
by Jeff Rader
This November, citizens in DeKalb County have an opportunity to vote on important matters in addition to the next U.S. President.
On the ballot is a referendum on Georgia Senate Bill 52, which reads as follows: "Shall the Act be approved which provides for the presiding officer to preside over meetings of the DeKalb County Commission and for the commission to establish its own agenda for such meetings?"
The intent of the bill is to re-balance the responsibilities of the county Chief Executive Officer (CEO) and its Board of Commissioners (BOC). The Board, rather than the CEO, would have authority to set the agenda for its meetings, and would elect one of its members, rather than the CEO, to officially preside over its meetings.
Voters need to decide if these proposed changes create an appropriate check and balance between the CEO and the BOC. To answer the question, it may be helpful to compare DeKalb County's form of government to the U.S. government, which has a well-established balance of power among its branches. The county CEO position is comparable to the executive branch (i.e. President) and the BOC is comparable to the legislative branch (i.e. Congress).
The county CEO, like the U.S. President, has responsibility for the day-to-day administration and veto power over legislation. The BOC, like the U.S. Congress, sets the budget, initiates legislation and provides oversight of the administration.
The CEO has authority to hire and fire for all positions, including department heads, except for three (executive assistant, planning director, and county attorney). This is a contrast to the U.S. government where all department heads (i.e. cabinet members) are subject to approval by Congress. Senate Bill 52 would not change this provision.
The county CEO presides over the BOC meetings and sets its agenda. This contrasts with the U.S. government in which the President does not have such authority in Congress. S.B. 52 would remove such authority from the county CEO.
The county's finance director serves as the official clerk for BOC meetings, but the proposed legislation allows the commissioners to appoint someone of their choosing to the clerk position. Having the BOC meetings conducted by one of its own members and recorded by one of its own appointees increases the independence of this legislative body and its capacity to act as an oversight mechanism.
If a majority of voters approve S.B. 52, the change would become effective next January 1. The current county commissioners have informally discussed possible mechanics for setting agendas and conducting BOC meetings.
Proposed legislation would be required to be submitted in advance of each meeting in a time frame that allows for sufficient review by the appropriate BOC committees and subsequently all the commissioners. This would contrast the current protocol that allows the CEO to place an item on the agenda with little or no advance notice.
Any commissioner would be able to submit an agenda item, which would be referred to a BOC committee for review. Currently, an item is added to the agenda at the CEO's discretion or by an affirmative vote of four commissioners.
BOC committees would be called upon to produce formal recommendations on matters to come before the entire Board. This will increase the workload for the commissioners but would be commensurate with the increased authority granted by S.B. 52.
The meetings themselves would be restructured to better facilitate public participation, according to the BOC's preliminary concept. Public comments and public hearings would both be held at the start of each meeting, rather than in the middle or at the end. This would give the public certainty of what time they would be able to speak. The BOC would finalize the details, along with the agenda mechanism, by January if S.B. 52 is approved by the voters.
No other county in Georgia has a form of government comparable to DeKalb's in which the CEO has such powers over the BOC. To our knowledge, DeKalb's current government model does not exist anywhere else in the United States.
This November, citizens in DeKalb County have an opportunity to vote on important matters in addition to the next U.S. President.
On the ballot is a referendum on Georgia Senate Bill 52, which reads as follows: "Shall the Act be approved which provides for the presiding officer to preside over meetings of the DeKalb County Commission and for the commission to establish its own agenda for such meetings?"
The intent of the bill is to re-balance the responsibilities of the county Chief Executive Officer (CEO) and its Board of Commissioners (BOC). The Board, rather than the CEO, would have authority to set the agenda for its meetings, and would elect one of its members, rather than the CEO, to officially preside over its meetings.
Voters need to decide if these proposed changes create an appropriate check and balance between the CEO and the BOC. To answer the question, it may be helpful to compare DeKalb County's form of government to the U.S. government, which has a well-established balance of power among its branches. The county CEO position is comparable to the executive branch (i.e. President) and the BOC is comparable to the legislative branch (i.e. Congress).
The county CEO, like the U.S. President, has responsibility for the day-to-day administration and veto power over legislation. The BOC, like the U.S. Congress, sets the budget, initiates legislation and provides oversight of the administration.
The CEO has authority to hire and fire for all positions, including department heads, except for three (executive assistant, planning director, and county attorney). This is a contrast to the U.S. government where all department heads (i.e. cabinet members) are subject to approval by Congress. Senate Bill 52 would not change this provision.
The county CEO presides over the BOC meetings and sets its agenda. This contrasts with the U.S. government in which the President does not have such authority in Congress. S.B. 52 would remove such authority from the county CEO.
The county's finance director serves as the official clerk for BOC meetings, but the proposed legislation allows the commissioners to appoint someone of their choosing to the clerk position. Having the BOC meetings conducted by one of its own members and recorded by one of its own appointees increases the independence of this legislative body and its capacity to act as an oversight mechanism.
If a majority of voters approve S.B. 52, the change would become effective next January 1. The current county commissioners have informally discussed possible mechanics for setting agendas and conducting BOC meetings.
Proposed legislation would be required to be submitted in advance of each meeting in a time frame that allows for sufficient review by the appropriate BOC committees and subsequently all the commissioners. This would contrast the current protocol that allows the CEO to place an item on the agenda with little or no advance notice.
Any commissioner would be able to submit an agenda item, which would be referred to a BOC committee for review. Currently, an item is added to the agenda at the CEO's discretion or by an affirmative vote of four commissioners.
BOC committees would be called upon to produce formal recommendations on matters to come before the entire Board. This will increase the workload for the commissioners but would be commensurate with the increased authority granted by S.B. 52.
The meetings themselves would be restructured to better facilitate public participation, according to the BOC's preliminary concept. Public comments and public hearings would both be held at the start of each meeting, rather than in the middle or at the end. This would give the public certainty of what time they would be able to speak. The BOC would finalize the details, along with the agenda mechanism, by January if S.B. 52 is approved by the voters.
No other county in Georgia has a form of government comparable to DeKalb's in which the CEO has such powers over the BOC. To our knowledge, DeKalb's current government model does not exist anywhere else in the United States.
(Commissioner Jeff Rader represents District Two on DeKalb County's
Board of Commissioners. He was reelected in November of 2010 for
another four-year term.)
Please encourage your neighbors to sign up for my e-mail updates. Go to my web site, www.commissionerrader.com, and click on the "news signup" link at the bottom.
Please encourage your neighbors to sign up for my e-mail updates. Go to my web site, www.commissionerrader.com, and click on the "news signup" link at the bottom.