This appeal involves a conflict between the Board of Commissioners of Hancock County and its chairperson, Samuel Duggan, concerning the scope of their respective powers and duties. Duggan filed a declaratory judgment action seeking a declaration that he is in charge of hiring and firing all county employees. The trial court ruled in favor of the Board, finding that the chairman did “not have the sole authority to hire and fire county employees.” For the reasons set forth below, we reverse. The general laws of this state grant the governing authority of each county exclusive jurisdiction to control all county property, levy general taxes for county purposes, establish roads and bridges, fill vacancies in county offices, and regulate the county police, health, and support for the poor. By local law, a county may delegate power over any of these issues to the chairperson or chief executive officer of the county governing authority. Citations and footnotes omitted. Krieger v. Walton County Bd. of Commrs. , 269 Ga. 678, 680 1 506 SE2d 366 1998. Nothing in the constitution or general laws of this State prevents a board of commissioners from enacting a home rule ordinance that amends the local laws and transfers authority to hire, supervise, and fire employees from the chairperson to itself. Id at 682 3. The local laws cannot, however, be amended by resolution. Id. at 683 4. Based on the above, we must first determine whether the local laws address the division of authority between the board and the chairperson with regard to hiring and firing county employees. Then, we must determine whether the board has amended any applicable provisions through a home rule ordinance. In 1984, the General Assembly amended the local laws creating the Board of County Commissioners of Hancock County to, in part, “provide for the powers and duties of the chairman.” 1984 Ga. Laws 3815. The pertinent portions of the amendment follow: Section VIII. a The chairman of the Board of Commissioners of Hancock County shall devote his full time to the duties of the office. The chairman shall be the administrative and executive official of the board. All five1 members of the board, however, shall have an equal vote in all matters pertaining to the affairs of Hancock County. b 1 The chairman shall carry out, execute, and enforce the ordinances, policies, rules, and regulations of the board when such ordinances, policies, rules, and regulations become effective. Other members of the board shall deal solely through the chairman in all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the chairman. 2 Subject to the approval of the board, the chairman shall have the power to change, consolidate, or abolish any departments, agencies, or offices over which the chairman exercises supervision and control. Subject to the approval of the board, the chairman may create other departments, agencies, and offices, which departments, agencies, and offices, when created, shall be under the supervision and control of the chairman. Emphasis supplied.
In Krieger , supra, the Supreme Court of Georgia addressed who had the authority to hire and fire county employees when there was no express provision in the local laws about hiring and firing county employees. 269 Ga. at 682 4. It concluded that “the general power to hire and fire rests with the chairperson in his position as the board’s executive officer with power to superintend all of the county’s work.” Id. at 682-683.
