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