Krieger v. Walton County Board of Commissioners

506 S.E.2d 366, 269 Ga. 678, 1998 Ga. LEXIS 773
CourtSupreme Court of Georgia
DecidedJuly 16, 1998
DocketS98A0697
StatusPublished
Cited by12 cases

This text of 506 S.E.2d 366 (Krieger v. Walton County Board of Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krieger v. Walton County Board of Commissioners, 506 S.E.2d 366, 269 Ga. 678, 1998 Ga. LEXIS 773 (Ga. 1998).

Opinions

Fletcher, Presiding Justice.

This appeal involves a conflict between the Board of Commissioners of Walton County and its chairperson, John Krieger, concerning the scope of their respective powers and duties. Krieger filed a declaratory action challenging the authority of the board to hire, supervise, and fire county employees, prepare the agenda for com[679]*679mission meetings, and obtain copies of his correspondence. The trial court ruled in favor of the board, holding that the chairperson does not have exclusive administrative authority over county matters and upholding the board’s resolutions, actions, and contract as valid. Because the board has attempted to assume authority for hiring, supervising, and firing county employees without amending the local acts, we reverse in part.

CHAIRPERSON’S CONTENTIONS

Krieger was elected chairperson in 1996 and took office on January 1,1997. He contends that the board has stripped him of the executive and administrative duties vested in his position by law and illegally transferred the day-to-day responsibility for running the county to the board’s other six members. He challenges five specific actions of the board as invalid: (1) a 1995 resolution transferring the authority to appoint and discharge civil service employees from the chairperson to the board; (2) a 1996 vote changing the immediate supervisor of department heads from the chairperson to the board; (3) a 1997 employment contract hiring an administrative assistant to the board; (4) a 1997 resolution directing the county clerk to prepare the agenda for commission meetings; and (5) a 1997 resolution directing the chairperson to provide copies of his mail to the county clerk. He argues that these actions affect the elected office of the chairperson and the composition and form of the county governing authority in violation of the state constitution.

STATE CONSTITUTION AND GENERAL LAWS

1. The Georgia Constitution grants home rule to counties. “The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law.”1 Paragraph 1(c) of the county home rule provision provides that these general powers granted to counties shall not extend to any action affecting any elective county office or the composition and form of the county governing authority, except by general law or local act.2 We have construed an “action [680]*680affecting an elective office” to mean an attempt to eliminate a chairman from the position of chief executive officer of the county and an “action affecting the form of the county governing authority” to mean an attempt to confer executive powers on a county manager.3

The general laws of this state grant the governing authority of each county exclusive jurisdiction to control all county property, levy general taxes for county purposes, establish roads and bridges, fill vacancies in county offices, and regulate the county police, health, and support for the poor.4 By local law, a county may delegate power over any of these issues to the chairperson or chief executive officer of the county governing authority.5

Nothing in the constitution or general laws of this state prevents the Walton County board from passing the resolutions and signing the contract challenged in this action. We have previously held that a county does not change its form of government by enacting an ordinance that diminishes the power of the chairperson and increases the power of the board in employing and discharging the county’s non-merit system employees.6 Subsequently, we upheld the right of a board to amend a local act to give the board, rather than the chairperson, authority to hire, supervise, and discharge county personnel.7 Similarly, the Walton County board may transfer the authority to hire, supervise, and fire employees from the chairperson to itself, hire an administrative assistant for the board, place items on the agenda for commission meetings, and require the chairperson to provide copies of his official correspondence without affecting the office of chairperson or the form of county government in violation of the constitution or state laws.

LOCAL LEGISLATION AFFECTING WALTON COUNTY

2. Krieger also challenges the validity of the board’s actions as a violation of local acts. The Board of Commissioners of Walton County was established by local act in 1917.8 Until 1955, the local acts [681]*681described the “chairman” as “the chief manager” of county affairs and the board’s “executive officer” and gave him the power to make all contracts, superintend all county work, and discharge the board’s duties between meetings.9

In that year, section 14 of the local acts was amended to vest the power to purchase and contract in the full board and to require the chairperson as “executive office[r] for the board” to carry out the board’s directives.10 Specifically, the 1955 act gave the board all powers related to purchases and contracts, except purchases under $500; “complete authority and control over all county matters”; and all custody and control over county property. It directed the chairman to devote full time to the county’s business, bring all matters pertaining to the board’s duties to its attention at its regular monthly meetings, perform the duties of the board as directed by a majority, and “superintend all the work done by said county whether under contract or by hired labor.”11

This language was reenacted in the 1971 act, which organized section 14 into subsections.12 Subsection (c) deals with the powers to contract and ends with the following sentence: “Except as provided above, the full board is hereby vested with complete authority and control over all county matters.”13 Subsection (d) deals with the chairman’s responsibility in performing the board’s duties as it directs, and subsection (e) states that the chairman “shall superintend” all county work with the board having control over all county property. A later amendment increased the amount of purchases that the chairman could make without obtaining board approval or competitive bids to $5,000.14

In construing the local acts, we must follow the legislative intent and give words their ordinary meaning.15 Because the local acts specify that the board has complete control over all county matters, it may assign various powers and duties to itself so long as its actions do not interfere with the responsibilities delegated to the chairperson under the local acts.16 Thus, we construe the local acts to mean that the board has the authority to control the county’s fiscal affairs, except purchases or contracts that cost less than $5,000; the chair[682]*682person remains the officer charged with executing the county’s business as directed by a majority of the board.17

3.

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Krieger v. Walton County Board of Commissioners
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Franklin County v. Fieldale Farms Corp.
507 S.E.2d 460 (Supreme Court of Georgia, 1998)
Krieger v. Walton County Board of Commissioners
506 S.E.2d 366 (Supreme Court of Georgia, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
506 S.E.2d 366, 269 Ga. 678, 1998 Ga. LEXIS 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krieger-v-walton-county-board-of-commissioners-ga-1998.