ALBANY — Both the city and county commissions are currently mulling a resolution that would send a proposed charter for a new, unified government to Atlanta for consideration of a public, countywide referendum that could completely reshape local government in Albany and Dougherty County.

Since this effort began in earnest last spring with the introduction of House Bill 800 by Rep. Ed Rynders, R-Leesburg, and Rep. Carol Fullerton, D-Albany, Dougherty County Commission Chairman Jeff Sinyard and Albany Mayor Willie Adams have backed a plan that would ultimately result in a vote by both local governments for a referendum that would send a locally approved charter to the Legislature for approval.

That locally generated plan has garnered support from state Sen. Freddie Powell Sims, D-Albany, who is the only person capable of bringing HB 800 into the full Senate for a vote.

In essence, there are two proposals for consolidating the city and county — One that is still being deliberated and debated by city and county commissioners, and one that is sitting with the clerk of the Senate until the next term of the General Assembly begins in January.
If either is passed by the General Assembly and signed by the governor, Albany and Dougherty County voters would determine in a referendum as early as November 2010 whether the city and county governments will merge or stay separate.
Here is a look at each plan.

HB 800: the bill is a charter for a unified Albany-Dougherty County government and a proposed timetable for the new government to be implemented.

HB 800 closely resembles the charter that was offered to the County Commission by a special consolidation charter committee. That plan was killed by the county in 2005 in a tie vote of 3-3 — commissioners Jack Stone, John Hayes and Art Searles voted the measure down, with commissioners Lamar Hudgins, Jeff Sinyard and Chuck Lingle supporting the measure. The seventh vote went uncast because of a vacancy created when Brenda Robinson-Cutler resigned her seat.
Incidentally, that 2005 charter also is the framework currently being discussed by the city and county.

HB 800 creates an eight-member commission that would represent all of what is now the city of Albany and unincorporated Dougherty County. That commission would be led by a part-time chief elected official, who would be elected at-large.

HB 800 does not reference whether elections would or would not be based on party affiliation — a point that has been deeply debated by the city and county commissions in their proposed charter discussions.
Each commissioner would be elected to a four-year term, serving staggered terms with no limit on the number of terms one could serve.
Commissioners would each be paid $9,600 per year from the general fund of the newly created government until they became certified county commissioners or certified municipal officials, at which point their pay would increase to $10,800 per year.

The CEO — which could be called mayor or chairman — would receive $11,600 per year until he or she became certified, at which point the mayor/chairman would receive $12,800 per year.
A CEO pro tempore would also be selected for a one-year term. That position would rotate each year through the commission, beginning with District 1. The CEO pro tem would preside over meetings in the absence of the CEO.

An appointed manager or administrator would run the day-to-day operations of the new government, much as it exists now with City Manager Alfred Lott and County Administrator Richard Crowdis. That manager would be appointed and the official's salary determined by the new commission.

The commission would also appoint an attorney to handle all legal affairs and render legal opinions during meetings.

HB 800 calls for the consolidation of the Albany and the Dougherty County police departments into a single police agency headed by a chief selected by the manager of Albany-Dougherty County.

The sheriff and all other elected and constitutional officers, including superior court judges, probate court judge, court clerk and the coroner, would remain unaffected by the consolidation and would retain all powers and authorities granted them by the state Constitution.

HB 800 creates a minimum of two budgets, much like the currentl system. There would be a general fund and a capital improvements (CIP) budget. The measure also allows for the commission to create additional budgets depending upon need. It does, however, restrict the new government from expanding the budget initially to anything more than the total of the combined budget of the city of Albany and of Dougherty County for 12 months.

HB 800 restricts the new consolidated government from laying off any employees following the merger. The elimination of any duplication of functions "shall be addressed through attrition and reassignment," not termination, the bill states.

If there is a pay disparity between former county employees and former city employees, the new government is required to put a program in place within 12 months that would equalize pay by the end of three years. (This issue has been a sticking point for some county commissioners who believe that pay disparities should immediately be addressed if the new government is formed.)

The new government would be empowered with the same responsibilities and powers that both the city of Albany and Dougherty County previously had, including the ability to accept and apply for federal and state aid, levy taxes, obtain bonds and create and appoint boards.

No existing board would be erased, however. The commission will have the authority to determine the viability of existing boards, unless otherwise prohibited by the state — such as with the Albany Water, Gas & Light Commission or the Albany-Dougherty Inner City Authority, each of which was created by an act of the state.

The bill also creates two service and tax districts. The Urban Services District would comprise what is currently known as the corporate boundaries of the city of Albany. The General Services District would be made up of what is now the unincorporated areas of the county. These two districts would be taxed and treated by the commission based on the types and kinds of services exclusively offered in each. For example, since those in the urban district currently have bus service, there may be additional costs to those in that district for that service. But since the residents of the county don't have access to that service, that cost would not be passed along to them.

HB 800 lays out a timetable for consideration and adoption of the new government. The initial stage — the referendum — is to take place "as soon as practicable" following passage in both houses of the General Assembly and acceptance by the U.S. Justice Department. If the measure passes muster with a majority of the voters in the city and a majority of the voters in the whole of the county, the measure passes and a transition team would be formed that would include local government leaders and their delegates, who would begin the transition process.

Although it doesn't specifically spell it out, at some point between the passage of the referendum and Jan. 1, 2011, the nine new members of government must be elected. This may have been practical had HB 800 been adopted into law during the 2009 session of the General Assembly and a referendum held in this month. But as it stands currently, the General Assembly would have to adopt the measure in the spring of 2010, which could push a referendum to either July or November 2010 and alter the timetable.

That notwithstanding, HB 800 states that following Jan. 1, 2011, the newly elected government would assume limited powers and would begin the preparation for hiring the manager and the attorney. The new board would also hold meetings and public hearings to establish committees, planning the urban and general services tax districts and other pertinent matters. The city of Albany and Dougherty County commissions would still exist and would provide appropriations necessary to keep the new government moving along.

From Jan. 1, 2011 to June 30, 2011, the new government would solidify its FY 2012 budget and would begin combining the remaining unconsolidated departments.

From July 1, 2011 until June 30, 2012, the government of Albany-Dougherty County would begin operations under its first consolidated budget and continue the process of unifying the departments. The political subdivisions known as the city of Albany and Dougherty County would cease to exist.

ALBANY-DOUGHERTY 2009 CHARTER: This is the document that is currently under consideration by local leaders and will be sent to Atlanta for the General Assembly to consider should commissioners vote to allow a referendum to be held.

This charter is the same one from 2005 that was rejected by the County Commission. But after recent discussions and deliberations, both the city and county commissions have developed changes that they would like each other to consider before they vote whether to approve the charter as a whole.

As it currently exists without the changes, this charter is like HB 800 in that it calls for an eight-member commission, one part-time CEO, two service districts, two budgets, no layoffs, resolution of any pay disparities, and restrictions on the new government's budget to that of the combined city of Albany and Dougherty County budgets.
The only significant difference between HB 800 and the local proposed charter as it exists without a vote is that the local charter calls for nonpartisan elections.

Although they are not yet official, both the city and county have asked for certain changes to be considered by the other body.

The City Commission is asking that the CEO position be changed to a full-time position, that nonpartisan races remain intact, that the CEO's position come up for a vote on presidential election years, that the vote on the referendum be in November 2010, that the salary of the CEO and commissioners be equal to that of the existing mayor and City Commission ($25,000 and $15,000, respectively, per year) and that WG&L and all of its assets remain part of the Urban Services area.
The county simply had one change. It was to add details to the charter that would require odd-numbered commission districts to initially be elected for two-year terms and thereafter by four year terms, with even districts elected initially for four-year terms, followed continually thereafter by four-year terms.

There is no mention in the local proposed charter of a timetable for the creation of the new government short of the city's request for a November 2010 election.