Department
Human Resources Management
Requested Action (Identify appropriate Action or Motion, purpose, cost, timeframe, etc.)
title
Request approval of a Resolution to exercise Home Rule to repeal Section 1(a) of local law 2017 Ga. L. 3948; to continue the County supplement paid to the Probate Judge; to continue the salary paid to the Juvenile Court Judges; and for other purposes. (FIRST READ APPROVED ON 3/16/22) (APPROVED)
body
Requirement for Board Action (Cite specific Board policy, statute or code requirement)
Ga. Const. Art. 9, Sec. 2, Par. I(b)
Strategic Priority Area related to this item (If yes, note strategic priority area below)
Open and Responsible Government
Commission Districts Affected
All Districts ☒
District 1 ☐
District 2 ☐
District 3 ☐
District 4 ☐
District 5 ☐
District 6 ☐
Is this a purchasing item?
No
Summary & Background (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.)
Scope of Work:
O.C.G.A. § 15-11-52(b) provides that the salary of judges, other than associate judges, of the Juvenile Court is set by the Superior Court with the approval of the governing authority of the County. O.C.G.A. § 15-9-63(a) provides the base salary of the Probate Judge and also authorizes a County supplement established by the governing authority of the County or the General Assembly by local law. In 2017, the General Assembly passed 2017 Ga. L. 3948 which in Section 1(a) provides a salary for the Juvenile Court Judges and a salary for the Probate Judge.
Since the state law dictates who determines the salary of the Juvenile Court Judges, Section 1(a) of 2017 Ga. L. 3948 is superseded by general law. State law also provides the base salary for the Probate Judge, so the amount in Section 1(a) of 2017 Ga. L. 3948 has been used to calculate the County supplement for the Probate Judge.
On November 17, 2021, via Agenda Item 21-0913, DHRM presented a proposal to establish new salaries and supplements for officials, including the Juvenile Court Judges and Probate Judge. In order to establish the salaries and supplements proposed by DHRM, which are different from the amounts outlined in the local laws, the Board of Commissioners must exercise its Home Rule power and repeal Section 1(a) of 2017 Ga. L. 3948. DHRM is still working on the exact implementation of the salaries and supplements for judges, so this resolution will continue the existing salary of the Juvenile Court Judges and County supplement paid to the Probate Judge. However, with this repeal, the Board of Commissioners will be able to easily amend the salary of the Juvenile Court Judges and County supplement of the Probate Judge in the future.
Community Impact: There is no community impact.
Department Recommendation: The Department of Human Resources Management recommends approval.
Project Implications: There are no project implications.
Community Issues/Concerns: There are no community issues or concerns.
Department Issues/Concerns: There are no department issues or concerns.