1 | 1 | | 25 LC 47 3498 |
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2 | 2 | | House Bill 767 |
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3 | 3 | | By: Representatives McClain of the 109 |
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4 | 4 | | th |
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5 | 5 | | , Hilton of the 48 |
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6 | 6 | | th |
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7 | 7 | | , Beckles of the 96 |
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8 | 8 | | th |
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9 | 9 | | , Donatucci |
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10 | 10 | | of the 105 |
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11 | 11 | | th |
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12 | 12 | | , Martinez of the 111 |
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13 | 13 | | th |
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14 | 14 | | , and others |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend an Act providing for the election of the Board of Education of Gwinnett County, |
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18 | 18 | | 1 |
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19 | 19 | | approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved2 |
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20 | 20 | | May 6, 2005 (Ga. L. 2005, p. 3818), so as to revise provisions regarding the compensation3 |
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21 | 21 | | of members of the board of education; to provide for the suspension of such provisions in the4 |
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22 | 22 | | event of such board approving a buyout of the superintendent's contract; to prohibit the5 |
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23 | 23 | | infringement of communications made by members of the such board; to provide exceptions;6 |
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24 | 24 | | to provide for related matters; to provide for an effective date; to repeal conflicting laws; and7 |
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25 | 25 | | for other purposes.8 |
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26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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27 | 27 | | SECTION 1.10 |
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28 | 28 | | An Act providing for the election of the Board of Education of Gwinnett County, approved11 |
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29 | 29 | | April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved May 6,12 |
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30 | 30 | | 2005 (Ga. L. 2005, p. 3818), is amended by revising Section 2 and adding a new section to13 |
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31 | 31 | | read as follows:14 |
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32 | 32 | | H. B. 767 |
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33 | 33 | | - 1 - 25 LC 47 3498 |
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34 | 34 | | "SECTION 2. |
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35 | 35 | | 15 |
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36 | 36 | | (a) The Gwinnett County Board of Education is authorized to fix the salary and16 |
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37 | 37 | | compensation of the members of the Gwinnett County Board of Education subject to the17 |
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38 | 38 | | following conditions:18 |
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39 | 39 | | (1) Any increase in salary or compensation for members of the Gwinnett County Board19 |
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40 | 40 | | of Education shall not be effective until the first day of January of the year following the20 |
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41 | 41 | | next general election held after the date on which the action to increase the compensation21 |
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42 | 42 | | was taken;22 |
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43 | 43 | | (2) The Gwinnett County Board of Education shall take no action to increase the salary23 |
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44 | 44 | | or compensation of the members of the board until notice of intent to take such action and24 |
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45 | 45 | | the fiscal impact of such action has been published in a newspaper designated as the legal25 |
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46 | 46 | | organ for the county at least once a week for three consecutive weeks immediately26 |
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47 | 47 | | preceding the meeting at which the action is taken; and27 |
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48 | 48 | | (3) Such action shall not be taken during the period of time beginning with the date that28 |
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49 | 49 | | candidates for election as members of the Gwinnett County Board of Education may first29 |
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50 | 50 | | qualify as such candidates and ending with the first day of January following the date of30 |
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51 | 51 | | qualification.31 |
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52 | 52 | | This subsection shall not affect the power of the General Assembly at any time to increase32 |
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53 | 53 | | or decrease any or all of such compensation or to withdraw the authority otherwise granted33 |
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54 | 54 | | under this subsection.34 |
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55 | 55 | | (b)(1) The provisions of subsection (a) of this section shall be suspended in the event:35 |
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56 | 56 | | (A) That the Gwinnett County Board of Education approves a contract termination36 |
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57 | 57 | | payout to the superintendent so as to terminate such contract prior to the contractual end37 |
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58 | 58 | | date of such contract; or 38 |
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59 | 59 | | (B) Such contractual payout payments are still being made to one or more former39 |
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60 | 60 | | superintendents. 40 |
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61 | 61 | | H. B. 767 |
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62 | 62 | | - 2 - 25 LC 47 3498 |
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63 | 63 | | (2) The suspension provided for in paragraph (1) of this subsection shall remain in force |
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64 | 64 | | 41 |
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65 | 65 | | until such time as either:42 |
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66 | 66 | | (A) The compensation that would have otherwise been paid to the members of the43 |
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67 | 67 | | board pursuant to subsection (a) of this section equals the amount: 44 |
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68 | 68 | | (i) Paid to a superintendent to terminate such superintendent's contract prior to the45 |
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69 | 69 | | contractual end date of such contract; or46 |
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70 | 70 | | (ii) Still being paid to any former superintendents as a result of the early termination47 |
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71 | 71 | | of one or more contracts that are being made on the effective date of this subsection;48 |
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72 | 72 | | or49 |
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73 | 73 | | (B) All members of the Gwinnett County Board of Education who were in office when50 |
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74 | 74 | | the board approved a contract termination payout to a superintendent prior to the51 |
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75 | 75 | | contractual end date of such contract have ceased serving on such board.52 |
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76 | 76 | | (3) In the event that the compensation of the board members is suspended by operation53 |
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77 | 77 | | of this subsection, the members of the board of education shall receive the per diem54 |
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78 | 78 | | provided for by O.C.G.A. Code Section 20-2-55.55 |
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79 | 79 | | SECTION 2A.56 |
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80 | 80 | | The Gwinnett County Board of Education and the Gwinnett County Public Schools shall57 |
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81 | 81 | | not infringe upon right of individual board members to communicate with constituents, the58 |
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82 | 82 | | general public, or members of the media; provided, however, that nothing in this section59 |
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83 | 83 | | shall prevent such board from adopting policies to ensure that:60 |
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84 | 84 | | (1) Confidential discussions occurring during an executive session pursuant to Chapter61 |
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85 | 85 | | 14 of Title 50 of the O.C.G.A., or 62 |
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86 | 86 | | (2) Any information that is deemed confidential, privileged, private, or exempt from63 |
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87 | 87 | | disclosure under federal or state law64 |
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88 | 88 | | is not disclosed or disseminated in an unauthorized manner."65 |
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89 | 89 | | H. B. 767 |
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90 | 90 | | - 3 - 25 LC 47 3498 |
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91 | 91 | | SECTION 2. |
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92 | 92 | | 66 |
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93 | 93 | | This Act shall become effective on the first day of the month following the month in which67 |
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94 | 94 | | it is approved by the Governor or in which it becomes law without such approval.68 |
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95 | 95 | | SECTION 3.69 |
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96 | 96 | | All laws and parts of laws in conflict with this Act are repealed.70 |
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97 | 97 | | H. B. 767 |
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98 | 98 | | - 4 - |
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