2014 GAINS Conference May 8, 2014
Legal Issues Update Presented by: Cory O. Kirby Harben, Hartley & Hawkins, LLP Gainesville, Georgia
NEW LEGISLATION: WHAT DID AND DID NOT PASS
A Little Good News … • Return of Austerity Funds – Over 60% of the amount added to K-12 is the $314.3 million given flexibly to allow districts to make the best decision for their students -whether that is adding back instructional days, reducing other furlough days, or giving teacher pay raises in some way other than adding back working days. – This appropriation reduces the 2015 austerity cut to about $747 million, the smallest since 2009.
From: "Wilson, Kerri"
[email protected] Date: May 6, 2014 at 9:00:00 AM EDT Subject: Governor's Office of Planning and Budget: Information Request Greetings,
For FY 2015, the Governor recommended and the legislature appropriated $314,295,574 in additional funding to provide local educational authorities the flexibility to eliminate teacher furlough days, increase instructional days, and increase teacher salaries. The Governor’s Office of Planning and Budget is surveying all local school systems and state charter schools on how these additional funds will be used. Please respond to this email by Friday, May 9, 2014 and provide the following: 1. Please provide a contact person and contact information. (Name, title, phone number, and email address) 2. What strategy will the school system (or state charter school) be using (eliminate/reduce teacher furlough days, increase instructional days, and/or increase teacher salaries)? 3. Please indicate the impact of the chosen strategy, the estimated costs, and any additional comments. (For example, if the school system will be eliminating/decreasing furlough days, please indicate the number of furlough days that will be eliminated and how many, if any, furlough days will remain. If the school system will be increasing teacher salaries, please indicate the percentage increase.) Finally, the AFY 2014 and FY 2015 budgets included a total of $39 million designated for the support of school districts in providing high speed internet capabilities and innovative digital content. The information regarding the grant process for these funds has been presented to district CIOs and the applications will be released in June. As part of your response to the questions above, please let us know if you intend to apply for this grant. Please feel free to contact me if you have any questions. Thank you. Kerri Wilson Policy Analyst Educational Development Division Governor’s Office of Planning and Budget
2nd Amendment & Safe Carry Protection Act Georgia Governor Signs 'Unprecedented' Gun Rights Bill The Huffington Post | by Paige Lavender Georgia law allows guns in some schools, bars, churches By Devon M. Sayers and Eliott C. McLaughlin, CNN
Weapons • HB 826 – signed April 22, 2014 – Revised Title 20: definition of “weapon” – Revised Title 16: policy when student brings “weapon” to school and codes of conduct
• HB 60 – signed on April 23, 2014* – Safe Carry Protection Act – Revised Title 16: definition of Weapon
*The last bill signed by the Governor controls where Bills irreconcilably conflict
Current Definition of Weapon O.C.G.A. § 16-11-127.1 "Weapon" means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.
HB 826 Effective 7/1/14
Weapon Defined by HB 826 – Effective 7/1/14 • Changed term to “Dangerous Weapon” - any weapon commonly known as a "rocket launcher," "bazooka," or "recoilless rifle" which fires explosive or nonexplosive rockets designed to injure or kill personnel or destroy heavy armor, or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a "mortar" which fires high explosive from a metallic cylinder and which is commonly used by the armed forces as an antipersonnel weapon or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a "hand grenade" or other similar weapon which is designed to explode and injure personnel or similar weapon used for such purpose. O.C.G.A. § 16-11-121 • Added “Firearm” - a handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. • MOOT DUE TO GOVERNOR SIGNING HB 60 A DAY LATER
Weapon Defined By HB 60 – Effective 7/1/14 Basically kept the same definition and changed the location reference in O.C.G.A. § 16-11-127.1 "Weapon" means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the a school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.
Not too bad, right ….?
School Disciplinary Tribunals Current O.C.G.A. § 20-2-751. Definitions As used in this subpart, the term: (1) "Expulsion" means expulsion of a student from a public school beyond the current school quarter or semester.
(2) "Long-term suspension" means the suspension of a student from a public school for more than ten school days but not beyond the current school quarter or semester. (3) "Short-term suspension" means the suspension of a student from a public school for not more than ten school days. (4) "Weapon" means a firearm as such term is defined in Section 921 of Title 18 of the United States Code.
HB 826 – Effective 7/1/14 As used in this subpart, the term: (1) 'Dangerous weapon' shall have the same meaning as set forth in Code Section 16-11-121. (1)(2) 'Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester. (3) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-127.1. (4) 'Hazardous object' means any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any instrument of like kind, any nonlethal air gun, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. Such term shall not include any of these instruments used for classroom work authorized by the teacher. (2)(5) 'Long-term suspension' means the suspension of a student from a public school for more than ten school days but not beyond the current school quarter or semester. (3)(6) 'Short-term suspension' means the suspension of a student from a public school for not more than ten school days. (4) 'Weapon' means a firearm as such term is defined in Section 921 of Title 18 of the United States Code."
O.C.G.A. § 20-2-751.1 - Current Expulsion and disciplinary policy for students bringing weapons to school (a) Each local board of education shall establish a policy requiring the expulsion from school for a period of not less than one calendar year of any student who is determined, pursuant to this subpart, to have brought a weapon to school. (b) The local board of education shall have the authority to modify such expulsion requirement as provided in subsection (a) of this Code section on a case-by-case basis. (c) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a weapon to school in an alternative educational setting. (d) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act.
HB 826 – Effective 7/1/14 O.C.G.A. § 20-2-751.1 (a) Each local board of education shall establish a policy requiring the expulsion from school for a period of not less than one calendar year of any student who is determined, pursuant to this subpart, to have brought a weapon to school regarding a student's possession of a firearm, dangerous weapon, or hazardous object at school. With respect to a student who is determined to have possessed a firearm or dangerous weapon at school, such policy shall require expulsion from school for a period of not less than one calendar year; provided, however, that a hearing officer, tribunal, panel, administrator, superintendent, or local board of education shall have the authority to modify such expulsion requirement on a case-by-case basis.
(b) The local board of education shall have the authority to modify such expulsion requirement as provided in subsection (a) of this Code section on a case-by-case basis. (c)(b) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a firearm, dangerous weapon, or hazardous object to school in an alternative educational setting. O.C.G.A. § 20-2-751.5 "(12) Possession of a weapon firearm, as provided for in Code Section 16-11-127.1, and possession of a dangerous weapon or hazardous object;"
HB 826 Cont’d – Effective 7/1/14 • Firearm definition does not exist anymore • Dangerous weapon defined: any weapon commonly known as a "rocket launcher," "bazooka," or "recoilless rifle" which fires explosive or nonexplosive rockets designed to injure or kill personnel or destroy heavy armor, or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a "mortar" which fires high explosive from a metallic cylinder and which is commonly used by the armed forces as an antipersonnel weapon or similar weapon used for such purpose. The term shall also mean a weapon commonly known as a "hand grenade" or other similar weapon which is designed to explode and injure personnel or similar weapon used for such purpose. O.C.G.A. § 16-11-121
HB 826 Cont’d – Effective 7/1/14 • Hazardous object defined: any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any instrument of like kind, any nonlethal air gun, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. Such term shall not include any of these instruments used for classroom work authorized by the teacher. O.C.G.A.§ 20-2-751.1
Great! Now what do we do? • Redraft policy – Firearms = guns, explosive devices, etc. – Other “weapons” or “hazardous objects”
• Only items in 1st bullet point involve one year expulsion • Progressive discipline or zero tolerance?
Board Policy Weapons
Descriptor Code: JCDAE
It is the policy of the Board of Education that a student shall not possess, use, handle or transmit any object that reasonably can be considered a weapon on property or in a building owned or leased by a school district, at a school function, or on a bus or other transportation provided by the school district. Weapons may include, but are not limited to: Any handgun, firearm, rifle, shotgun or similar weapon; any explosive compound or incendiary device; or, any other dangerous weapon as defined in O.C.G.A. § 16-11-121, including a rocket launcher, bazooka, recoilless rifle, mortar, or hand grenade. Any hazardous object, including any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any instrument of like kind, any nonlethal air gun, and any stun gun or taser. Such term shall not include any of these instruments used for classroom work authorized by the teacher. Students who possess any weapon described in paragraph 1 in violation of this policy will be subject to a minimum of a one calendar year expulsion. The Superintendent shall have the authority either before or after the student is referred for a tribunal hearing to reduce the mandated one year expulsion under circumstances where the one year expulsion appears excessive to the superintendent. The tribunal shall also have the authority to modify such expulsion requirement on a case-by-case basis in determining the appropriate punishment. Finally, in any tribunal decision appealed to the board of education, the board may reduce the mandated punishment but shall consider whether the superintendent and/or tribunal considered a reduction and any rationale in denying such a reduction. Students who possess other weapons or hazardous objects as described in paragraph 2 will be subject to discipline as specified in the student code of conduct. Reporting Requirements All employees must report violations of this policy to the principal or assistant principal of the school. If the principal has reasonable cause to believe that a report is valid, he/she must immediately make an oral report to the Superintendent and to the appropriate law enforcement authority and district attorney. The student’s parents or guardian will be notified immediately of his/her child’s involvement in any activity involving weapons. Students will be given a copy of the Code of Conduct, which includes a statement of prohibited conduct with regard to weapons and possible disciplinary actions.
O.C.G.A. § 20-2-1184 - Current (a) Any teacher or other person employed at any public or private elementary or secondary school or any dean or public safety officer employed by a college or university who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by any of the following: (1) Code Section 16-5-21, relating to aggravated assault if a firearm is involved; (2) Code Section 16-5-24, relating to aggravated battery; (3) Chapter 6 of Title 16, relating to sexual offenses; (4) Code Section 16-11-127, relating to carrying a weapon or long gun in an unauthorized location; (5) Code Section 16-11-127.1, relating to carrying weapons at school functions or on school property or within school safety zones; (6) Code Section 16-11-132, relating to the illegal possession of a handgun by a person under 18 years of age; or (7) Code Section 16-13-30, relating to possession and other activities regarding marijuana and controlled substances, shall immediately report the act and the name of the student to the principal or president of that school or the principal's or president's designee.
7 Deadly Sins – Revised HB 826 – Effective 7/1/14 "(a) Any teacher or other person employed at any public or private elementary or secondary school or any dean or public safety officer employed by a college or university who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by any of the following: Code Section 16-521 or 16-5-24, Chapter 6 of Title 16, and Code Section 392 16-11-127, 16-11-127.1, 16-11-132, or 16-13-30, shall immediately report the act and the name of the student to the principal or president of that school or the principal's or president's designee."
What About “Carry Guns Everywhere” piece? Still unlawful to carry a firearm in school safety zone, function or on bus unless: 1. Law enforcement or official duty to and from 2. Person has carry permit and picks up/drops off student 3. School personnel if locked in rack, compartment of vehicle, or container
Carry Guns Everywhere cont’d O.C.G.A. § 16-11-130.1 Effective - 7/1/14
• Provides LBOE option, via policy, to authorize “certain personnel” to possess any firearm with school safety zone
Carry Guns Everywhere cont’d Policy shall include “authorized personnel” to possess and carry and provide for: 1.
2. 3.
4.
Training of approved personnel prior to their authorization to carry weapons. “The training shall at a minimum include training on judgment, pistol shooting, marksmanship, and a review of current laws relating to the use of force for the defense of self and others; provided, however, that the local board… may substitute for certain training requirements the personnel’s prior military or law enforcement service if the approved personnel has previously served as a certified law enforcement officer or has had military service which involved similar weapons training.” An approved list of the types of weapons and ammunition and the quantity of weapons and ammunition authorized to be possessed or carried. “The exclusion from approval of any personnel who has had employment or other history indicating any type of mental or emotional instability as determined by the local board of education.” “A mandatory method of securing weapons which shall include at a minimum a requirement that the weapon, if permitted to be carried concealed by personnel, shall be carried on the person and not in a purse, briefcase, bag, or similar other accessory which is not secured on the body… and, if maintained separate from the person, shall be maintained in a secured lock safe or similar lock box that cannot be easily accessed by students.”
SB 301 - PASSED Disallow prohibitions on wood construction in public schools if in compliance with state minimum standard codes
Georgia High School Association SB 288 • Prohibits a high school that receives QBE funds from participating in interscholastic events that are under the authority of an “athletic association” unless: – Athletic association publishes annual financial report
• Creates overview committee of high school athletes – 5 members from House – 5 members from Senate – Chairs of House Education Committee and Senate Education & Youth Committee
• Prohibits high school from participating in interscholastic events conducted by “athletic association” unless association complies with committee requirements
HB 310 - PASSED • Revision to dates for primaries, elections, runoffs and qualifying • Qualifying: Notice of candidacy filed in the “office of the superintendent no earlier than 9:00 A.M. on the Monday of the eleventh week immediately prior to the election and no later than 12:00 Noon on the Friday immediately following such Monday.”
HB 310 cont’d • Primary: “Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the Tuesday of the twenty-fourth week prior to the November general election in each evennumbered year or, in the case of municipalities, on the third Tuesday in July in each odd-numbered year.”
HB 310 cont’d • Runoff: – “In the case of a runoff from a general primary or a special primary or special election held in conjunction with a general primary, the runoff shall be held on the Tuesday of the ninth week following such general primary.” – “In the case of a runoff from a special primary or special election for an office other than a federal office not held in conjunction with a general primary or general election, the runoff shall be held on the twenty-eighth day after the day of holding the preceding special primary or special election.”
HB 310 cont’d “Notwithstanding any provision of this subsection to the contrary, special elections which are to be held in conjunction with the state-wide general primary or state-wide general election in 2014 shall be called at least 60 days prior to the date of such statewide general primary or state-wide general election.”
What Did Not Pass?
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HB 802: ESPLOST • Proposal to allow up to 50% of net ESPLOST proceeds to fund “educational programs and materials.” • Current ESPLOST would be amended, with voter approval, by January 1, 2015
HB 802 • “Educational Programs and Materials”: – – – – – – – – – – – – – – – –
Security personnel and equipment Technology personnel and infrastructure Educational software, digital learning modules, and instructional online content Arts and music education Foreign language education Remedial education Graduation counseling Career counseling Summer school Medical personnel, supplies, and equipment Library or media center personnel and supplies Laboratory equipment Athletic equipment Textbooks After school programs Any combination of the above
HB 802 • What is not included? • “Educational programs and materials shall not include maintenance and operations or salaries for local school system personnel…” – EXCEPT as otherwise provided in laundry list.
HB 729 - VETOED • Would have provided for a new trade in credit for leased vehicles • Would have provided a valuation for a kit car • Would have added a penalty for a dealer not completing the title application within 30 days of purchase • County could have kept no more than 1% of the total ad valorem tax funds to defray administrative costs • Failure of the county to disburse funds within 20 days would have resulted in forfeiture of the administrative fee plus interest on the amount
36 Fingerprintfabric.com
E-Verify
Title 13 (2011)(Old) (4) “Physical performance of services” means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor for a public employer within this state under a contract or other bidding process. 37
NOW - Purpose of Act
It is the intent of the General Assembly that all public employers and contractors at every tier and level use the federal work authorization program on all projects, jobs, and work resulting from any bid or contract and that every public employer and contractor working for a public employer take all possible steps to ensure that a legal and eligible workforce is utilized in accordance with federal immigration and employment.
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Definition of “Physical Performance of Services Has Changed (4) ‘Physical performance of services’ means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road, or any other performance of labor or services for a public employer within this state under a contract or other using a bidding process or by contract wherein the labor or services exceed $2,499.99; provided however, that such term shall not include any contract between a public employer and an individual who is licensed pursuant to Title 26 or Title 43 or by the state Bar of Georgia and is in good standing when such contract is for services to rendered by such individual.
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NOW - Title 26 & 43 Exempt from E-Verify Title 26: • Food – meat, poultry, dairy, eggs, bread, grains, fish/seafood & soft drinks • Drugs and cosmetics/pharmacists at pharmacies • Drug abuse treatment and education programs
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• • • • • • • • • • • • • • •
• • • • • • • • • • • • •
NOW - Title 43
Accountant Architects Athlete Agents Ga. Athletic & Entertainment Commission Athletic Trainers Auctioneers Barbers Professional Counselors, Social Workers, and Marriage and Family Therapists; Psychologists Operators of Billiard Rooms Professional Boxing State Board of Cemeterians Chiropractors Cosmetologists Dentists and Dental Hygienists Disabled Veterans and Blind Persons Engaging in Peddling, Operating Businesses or Practicing Professions Ignition Interlock Device Providers Instructors in Driver Training and Operators of Driver Training Schools Electrical contractors, Plumbers, Conditioned Air Contractors, LowVoltage Contractors, & Utility Contractors Professional Engineers & Land Surveyors Firearm Dealers Charitable Solicitations Funeral Directors & Establishments, Embalmers & Crematories Geologists Hearing Aid Dealers & Dispensers Registration of Immigration Assistance Act Operators of Hotels, Inns & Roadhouses Industrial Hygiene, Health Physics, & Safety Profession Recognition & Title Protection Junk Dealers
• • • • • • • • • • • • • • • • • • • • • • • • • •
Landscape Architects Librarians Massage Therapists Operators of Motor Vehicle Racetracks Music Therapy Nurses Nursing Home Administrators Occupational & Physical Therapists; Speech/Language Pathologist s & Audiologists Dispensing Opticians Optometrists Pecan Dealers & Processors Peddlers & Itinerant Traders Physicians, Acupuncture, Physician Assistants, Cancer and Glaucoma Treatment, Respiratory Care, Clinical Perfusionists, and Orthotics and Prosthetics Practice Podiatry Dealers in Precious Metals & Gems Operators of Private Detective Businesses and Private Security Businesses Real Estate Appraisers, Brokers & Salespersons Residential & General Contractors Scrap Metal Processors Snow Skiing Safety Persons Engaged in Structural Pest Control Transient Merchants Used Motor Vehicle & Used Motor Vehicle Parts Dealers Dealers in Used Watches Veterinarians & Vet Technicians Water and Wastewater Treatment Plant Operators and Laboratory Analysts 41
SB 160
Question: In the definition of “Physical Performance of Services”, would “individual” include only a person who has a business by himself/herself or have employees and/or subcontractors?
Answer: If a licensed professional enters into a contract in his/her individual capacity for the performance of labor or services using a bid process or exceeding $2,499.99, the licensed professional would not be required to submit an affidavit. If licensed professional entering into a contract has employees or subcontractors, then an affidavit would be required.
Question Does the exclusion apply for contracts between public employers and licensed individuals, particularly on government construction and maintenance projects involving the use of contractors and subcontractors not participating in the federal work authorization program, include all individuals in Title 43, including the following: – Architects – Electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors – Professional engineers/land surveyors – Landscape architects – Residential and general contractors – Persons engaged in structural pest control ?
Answer O.C.G.A. § 13-1-90(4) applies to any individual who is licensed and is in good standing when such contract for service is to be rendered by such individual. The statute does not specifically exclude the professionals listed. If a licensed professional is entering into the contract in his/her individual capacity, an affidavit is not required. If the licensed professional is entering into the contract in some other capacity, such as on behalf of a corporation or other entity, then an affidavit may be required.
SPLOST
Timeline Example Preliminary Referendum Schedule November 3, 2015 Referendum Date
Imposition of SPLOST O.C.G.A. § 48-8-112 (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence.
O.C.G.A. § 48-8-141 - SPLOST • Requires an annual, non-technical report by the board of education published in local newspaper prior to December 31st of each year • Report must provide the following information for each project approved in the ballot language: – – – – – –
Original estimated cost Current estimated cost (if different from original) Amounts expended in prior years Amounts expended in current year Whether project is underfunded or behind schedule Statement of any surplus funds which have not been expended
Must publish annually “any excess proceeds which have not been expended for a project or purpose, estimated completion date, and the actual completion cost of a project completed during the current year.”
O.C.G.A. § 20-2-506 Multiyear Lease, Purchase or Lease Purchase Contracts “[E]ach county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies provided that such contract shall contain provisions for the following:”
1. 2. 3. 4.
The contract shall terminate absolutely without further obligation on the part of the school system at the close of each calendar year; The contract may provide for automatic renewal unless school system terminates such contract; The contract shall state the total obligation for the calendar year of execution and further state the total obligation which will be incurred; The total combined annual payments in any calendar year, excluding guaranteed energy savings contracts, shall not exceed an amount equal to 7.5 percent of the total local revenue collected for maintenance and operation of the school system; and
May contain the following: • A provision which requires that the contract will terminate immediately at such time as unobligated funds are no longer available; and • Any other provision reasonably necessary to protect the interests of the school system.
However … “Nothing in this Code section shall restrict school systems from executing reasonable contracts arising out of their proprietary functions.” O.C.G.A. § 20-2-506(h). • What is a “proprietary function” of a school district? • Computer Lease? • E-SPLOST Projects? • CM @ Risk?
“HOWEVER, OCGA § 20-2-506 COMES INTO PLAY ONLY WHEN A SCHOOL SYSTEM ENTERS INTO A MULTI-YEAR ACQUISITIONAL CONTRACT THAT HAS NOT RECEIVED VOTER APPROVAL.”
Districts Can Answer Garnishments Without An Attorney (b) When a garnishment proceeding is filed in a court under any provision of this chapter involving an entity as garnishee, the execution and filing of a garnishee answer may be done by an entity's authorized officer or employee and shall not constitute the practice of law. If a traverse or claim is filed to such entity's garnishee answer in a court of record an attorney shall be required to represent such entity in further garnishment proceedings. (c) An entity's payment into court of any property, money, or other effects of the defendant, or property or money which is admitted to be subject to garnishment, may be done by an entity's authorized officer or employee and shall not constitute the practice of law.
But Be Careful 56
Does NOT apply to: Bankruptcy Orders IRS Levies
Child Support Orders Student Loans Where the only responsibility of the school district is to remit a check to a governmental entity
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Monthly Payroll Summary
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Employee receives $2,404.50 per month. Gross $2,404.50 SS - 120.23 Fed Tax - 328.74 State Tax - 98.93 TRS - 50.00 $1,806.60 Once this figure has been determined, the amount to be garnished is the lesser of the two amounts derived from the following formulas: 60
Twenty-Five Percent (25%) Monthly Disposable Earnings
$1,806.60 x .25
Disposable Minus 30 x Minimum Wage Monthly $1,806.60 Disposable x 12 Earnings Yearly Earnings 21,679.20 ÷ 52 Weekly Earnings
Monthly Garnishment
$451.65
Weekly Garnishment
416.91 - 217.50 (30 x $7.25) 199.41 X 52
Yearly Garnishment
10,369.32 ÷ 12 $864.11
Therefore, the proper garnishment amount is $451.65
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Can the District Recoup its Cost? (a) …[A]ctual reasonable expenses, … amount so incurred shall be … paid by the party upon whom the cost is cast …. [G]arnishee may deduct $25.00 or 10% of the amount paid into the court, whichever is greater, not to exceed $50.00
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Can the District Recoup its Cost? In the event the garnishee makes the deduction permitted in subsection (a) but the costs are later cast upon the garnishee, the garnishee shall forthwith refund to the defendant the funds deducted.
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To file a first answer no later than 45 days after service of summons of continuing garnishment
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To file further answers for the remaining period covered by the summons of continuing garnishment. … [F]iled no later than 45 days after the previous answer date.
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The last answer shall be filed, notwithstanding the other provisions of this paragraph, no later than the one hundred ninety-fifth day after service
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O.C.G.A. § 18-4-82 • If the garnishee has been served with summons in more than one garnishment case involving the same defendant, the garnishee shall state in each answer that the money or other property is being delivered to the court subject to the claims of all the cases and shall give the numbers of all such cases in each answer.
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O.C.G.A. § 20-2-83 • All answers by the garnishee shall, concurrently with filing, be served upon the plaintiff or his attorney. • …[P]rovided, further, that, if the garnishee fails to serve the plaintiff, the plaintiff shall be allowed 15 days from the time the plaintiff receives actual notice of the answer to traverse the same.
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O.C.G.A. § 18-4-85 • If the garnishee serves his answer on the plaintiff as provided in O.C.G.A. § 18-4-83, the plaintiff or claimant must traverse the answer within 15 days after it is served or the garnishee is automatically discharged from further liability with respect to the summons so answered.
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Default Judgment – O.C.G.A. § 18-4-90 • In case the garnishee fails to file an answer by the 45th day after service of summons, the garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of an answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration period of 15 days, judgment by default may be entered at any time thereafter against the garnishee for the amount claimed to be due on the judgment obtained against the defendant. 70
Default Judgment – O.C.G.A. § 18-4-90 • In case the garnishee fails to file an answer by the 45th day after service of summons, the garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of an answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration period of 15 days, judgment by default may be entered at any time thereafter against the garnishee for the amount claimed to be due on the judgment obtained against the defendant. 71
Default Judgment – O.C.G.A. § 18-4-90 • In case the garnishee fails to file an answer by the 45th day after service of summons, the garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of an answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration period of 15 days, judgment by default may be entered at any time thereafter against the garnishee for the amount claimed to be due on the judgment obtained against the defendant. 72
Default Judgment – O.C.G.A. § 18-4-90 • In case the garnishee fails to file an answer by the 45th day after service of summons, the garnishee shall automatically be in default. The default may be opened as a matter of right by the filing of an answer within 15 days of the day of default and payment of costs. If the case is still in default after the expiration period of 15 days, judgment by default may be entered at any time thereafter against the garnishee for the amount claimed to be due on the judgment obtained against the defendant. 73
O.C.G.A. § 18-4-91 – Relief of Garnishee from Default Judgment When rendered against a garnishee 18-4-90, on … onaajudgment motion isfiled not later than 60 daysunder fromCode the Section date the a motion filed not later than 60 days from the date the garnishee receives garnishee receives actual of theagainst entryhim, of the judgment against actual notice of the entry of notice the judgment he may, upon payment him, heaccrued may, upon payment ofthe all judgment accrued modified costs of so court, have the of all costs of court, have that the amount of the judgment shallso bethat reduced an amount to the greater of $50.00 judgment modified thetoamount of equal the judgment shall be or $50.00 100 percent of thetoamount by which garnishee was plus reduced toplus an amount equal the greater ofthe $50.00 or $50.00 indebted to the defendant from time of service of the summons of 100 percent of the amount bythe which the garnishee was indebted to garnishment through and including the last day on which a timely answer thecould defendant from of service of the summons of have been madethe for time all money, other property, or effects belonging to garnishment andinto including the last day from on which a timely the defendantthrough which came the garnishee's hands the time of service of the summons through including themoney, last day on which a timely answer answer could have beenand made for all other property, or could have been made and,defendant in the case of garnishment of wages, less any effects belonging to the which came into the garnishee's exemption theof defendant to thethrough garnisheeand by certified hands from allowed the time service by oflaw. theNotice summons mail or statutory overnight delivery shall be sufficient notice as required in this including the last daytrial onofwhich a timely answerofcould havebebeen Code section. On the the motion, the burden proof shall upon any made …. who objects to the timeliness of the motion to establish that the plaintiff motion was not filed within the time provided for by this Code section. 74
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