Definitions

As used in this article, the term: (1) “Authority” means each public body corporate and politic created pursuant to this article. (2) “Cost of project” means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the jail facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for jail functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the jail in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the jail; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this article. The costs of any jail may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of any jail and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the jail and may be paid or reimbursed as such out of the proceeds of user fees, or revenue bonds or notes issued 234 42-4-93 under this article for such jail, or from other revenues obtained by the authority. (3) “County” means any county of this state or governmental entity formed by the consolidation of a county and one or more municipal corporations. (4) “County regional jail authority” means a regional jail authority formed by counties pursuant to this article. (5) “Governing body” means the elected or duly appointed officials constituting the governing body of each county in the state. (6) “Management committee” means a regional jail authority management committee created pursuant to Code Section 42-4-95. (7) “Municipal regional jail authority” means a regional jail authority formed by municipalities within the same county pursuant to this article. (8) “Municipality” means any municipal corporation of this state. (9) “Project” means a jail and all other structures including electric, gas, water, and other utilities and facilities, equipment, personal property, and vehicles which are deemed by the authority as necessary and convenient for the operation of the jail. History. Code 1981, § 42-4-92, enacted by Ga. L. 1995, p. 292, § 1; Ga. L. 1996, p. 1098, § 2; Ga. L. 1997, p. 143, § 42. 42-4-93. Creation of authorities; exemption from Georgia State Financing and Investment Commission Act. (a) Any two or more counties may jointly form an authority, to be known as the county regional jail authority for such counties. Any two or more municipalities within the same county may jointly form an authority, to be known as the municipal regional jail authority for such municipalities. Municipalities located in more than one county may participate in municipal regional jail authorities in each county in which the municipality is located. No authority shall transact any business or exercise any powers under this article until the governing authorities of the counties or municipalities involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of each county or municipality to enter into an agreement with the other counties or municipalities participating in the authority for the activation of an authority and such agreement is executed. Such authorities shall be public bodies, corporate and politic, and instrumentalities of the State of Georgia. A copy of the ordinance or resolution and agreement among participant counties or participant municipalities 235 42-4-94 shall be filed with the Secretary of State who shall maintain a record of all authority activities under this article. (b) No county may be included in an authority without approval of the sheriff of the participant county. (c) Article 2 of Chapter 17 of Title 50, the “Georgia State Financing and Investment Commission Act,” shall not apply to any authority created under this Code section. History. Code 1981, § 42-4-93, enacted by Ga. L. 1995, p. 292, § 1; Ga. L. 1996, p. 1098, § 3. 42-4-94. Board of directors; members; election of officers; expenses; duties; addition of counties or municipalities to authority. (a) Control and management of the authority shall be vested in a board of directors. Each county participating in an authority shall appoint the sheriff of the county for the term of such sheriff’s office. One other member from each participating county shall be appointed for a four-year term. Each municipality participating in an authority shall appoint two people to serve on the board of directors, each for a four-year term. For each county or municipal regional jail authority board of directors, an additional member shall be appointed by the directors themselves. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not be, a director. The directors shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper. (b) It is the duty of the board of directors to erect or repair, when necessary, the jail and to furnish the jail with all the furniture necessary for the different rooms, offices, and cells. The jail shall be erected and kept in order and repaired at the expense of the authority under the direction of the board of directors which is authorized to make all necessary contracts for that purpose. The board of directors shall pass an annual budget sufficient for the efficient and effective operation of the jail. (c) Members of the board of directors of an authority formed pursuant to this Code section may agree that additional counties, if a county regional jail authority, or additional municipalities, if a municipal regional jail authority, may become members of such authority subsequent to its formation upon an affirmative vote of two-thirds of the 236 42-4-96 members of such board of directors under such terms as may be imposed by such two-thirds of the members of such board of directors. History. Code 1981, § 42-4-94, enacted by Ga. L. 1995, p. 292, § 1; Ga. L. 1996, p. 1098, § 4. 42-4-95. Management committee of county regional jail authority; management and operation of municipal regional jail authority. (a) The jail of a county regional jail authority shall be managed and operated by a regional jail authority management committee composed of all of the sheriffs from the participant counties. The county regional jail authority management committee shall have all of the responsibilities provided in Code Section 15-16-24 and this chapter, including the employment and supervision of all personnel employed to operate the jail. The sheriffs shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary who may or may not be a member of the committee. The committee shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. The committee may delegate to one or more of the officers, agents, and employees of the committee such powers and duties as may be deemed necessary and proper. (b) In the event that the county regional jail authority consists of an even number of counties, the sheriffs shall then elect one member, who may or may not be a member of the authority’s board of directors, to serve on the management committee. (c) The board of directors of a municipal regional jail authority shall hire or contract with a person, firm, corporation, or local government to manage and operate the regional jail. Such person, firm, corporation, or local government shall have all of the responsibilities provided in this chapter for municipal jails and jailers, including the employment and supervision of all personnel employed to operate the jail. History. Code 1981, § 42-4-95, enacted by Ga. L. 1995, p. 292, § 1; Ga. L. 1996, p. 1098, § 5. 42-4-96. Quorums; voting requirements.