§ 36-62-5 — Directors; officers; compensation; adoption of bylaws; delegation of powers and duties; conflicts of interest; audits

Georgia § 36-62-5

• Jurisdiction: Georgia
• Title: 36

Text

(a) The directors shall be taxpayers residing in the county or municipal corporation for which the authority is created, and their successors shall be appointed as provided by the resolution provided for in Code Section 36-62-4 . The governing authority of a county or municipality may appoint no more than one member of the governing authority as a director. (b) The directors shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not, be a director. (c) The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties; provided, however, that the directors of the development authority activated by counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall be paid a per diem allowance to be determined by the governing authority of such counties for each day, or part thereof, spent in the performance of their duties and further provided that any such per diem allowance shall not exceed the per diem allowance set for members of the General Assembly in paragraph (22) of subsection (a) of Code Section 45-7-4 . (d) The authority may make bylaws and regulations for its governance and may delegate to one or more of its officers, agents, and employees such powers and duties as may be deemed necessary and proper. (e) (1) (A) The provisions of Code Sections 45-10-3 and 45-10-4 shall apply to all directors of the authority, and a director of the authority shall not engage in any transaction with the authority. (B) The provisions of paragraph (9) of Code Section 45-10-3 and subparagraph (A) of this paragraph shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided (1) that any interest or involvement by such director is disclosed in advance to the directors of the authority and is recorded in the minutes of the authority, (2) that any interest or involvement by such director with a value in excess of $200.00 per calendar quarter is published by the authority one time in the legal organ in which notices of sheriffs' sales are published in each county affected by such interest, at least 30 days in advance of consummating such transaction, (3) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (4) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a "substantial interest or involvement" means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director as determined by the authority, which determination shall be final and not subject to review. (2) Nothing contained in paragraph (1) of this subsection or in Code Section 45-10-3 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services. (3) (A) Concurrent jurisdiction to enforce this subsection is granted to the State Ethics Commission created under Code Section 21-5-4 . (B) Upon formal charges being filed with an alternate enforcement authority provided for in subparagraph (A) of this paragraph relative to a violation of this subsection on the part of a member of any such development authority, the enforcement authority or its designated agent shall conduct a hearing for the purpose of receiving evidence relative to the merits of such charges. The development authority member so charged shall be given at least 30 days' notice prior to such hearing. If such charges are found to be true, the enforcement authority shall forthwith remove such member from office and the vacancy shall be filled as provided by law. Such hearing shall be held in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and judicial review of any such decision shall be in accordance with such chapter. (C) The State Ethics Commission is vested with the same powers with respect to this Code section as enumerated in Code Section 21-5-6 . (f) Each development authority shall provide to its respective county or municipal fiscal officer, as the case may be, an audited financial statement if such audit has been required by the respective county or municipality within six months of the end of the previous fiscal year.

Legislative History

Amended by 2023 Ga. Laws 340,§ 7, eff. 7/1/2023. Amended by 2022 Ga. Laws 751,§ 2, eff. 5/2/2022. Amended by 2010 Ga. Laws 613,§ 2, eff. 7/1/2010.