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Section 99-11 ARTICLE XI. SCHOOLS AND BOARD OF EDUCATION

Prior to the adoption of SB309-Act40 on 04/15/2005, Section 99-11 read as follows.

Section 11.1. Public school system established.

There shall be established, conducted, maintained, supported, and provided for by local taxation and otherwise, in the manner hereinafter provided in this article, a system of public schools in and for the City of Thomasville, Thomas County, Georgia.

Section 11.2. Tax for support of schools.

The board of education shall determine, as early as practicable in each year what amount of money will be necessary to raise by taxation to defray the expenses of the public schools for the ensuing year and shall lay the same before the city council for city. The city council for the city is hereby authorized, and shall be required, to levy a tax annually in addition to that now authorized by the law on all the taxable property of the city, not to exceed two (2) percent on the same. When collected, the collecting officers of the city shall pay the same over to the treasurer of the board of education, to be disbursed for the maintenance of the public schools and be paid out under order of the board under such regulations as they may prescribe. Such taxes shall be collected by levy and sale as other taxes of the city are collected.

Section 11.3. Composition and election.

The board of education of the independent school district of the city shall consist of seven (7) members. The board of education elected under this section shall in all respects be a successor to and continuation of the board of education elected under prior law. Members of the board of education shall be elected at the general municipal election conducted by the city in 1991 and biennially thereafter at the general municipal election in each odd-numbered year.

Section 11.4. Election of successors.

(a) Successors to members in office shall be elected as follows: Three (3) members shall be elected from and by the voters of Education District No. 1 and these members shall be designated as representing Education District No. 1. Three (3) members shall be elected from and by the voters of Education District No. 2 and these members shall be designated as representing Education District No, 2. One (1) member shall be elected from and by the voters of the Thomasville school district at large and this member shall be designated as the member at large. These members shall be elected as provided in this Section.

(b) The member at large and those two members of the board of education representing Education District No. 1 and the one member of the board of education representing Education District No. 2, all of whom are serving as such members when this charter first becomes effective and whose terms of office expire December 31, 1991, shall continue to serve out their terms of office and until their respective successors are elected and qualified. Those two members of the board of education representing Education District No. 2 and the one member of the board of education representing Education District No. 1, all of whom are serving as such members when this charter first becomes effective and whose terms of office expire December 31, 1993, shall continue to serve out their terms of office and until their respective successors are elected and qualified. After January 1, 1991, successors to members of the board of education whose terms of office are to expire shall be elected at the general municipal election immediately preceding such expiration of terms and shall take office the first day of January following that election for terms of office of four years each and until their respective successors are elected and qualified.

Section 11.5. Members to be elected by voters in their district.

Members elected to represent Education District No. 1 shall be elected only by the qualified voters of the Thomasville school district residing within Education District No. 1; and members elected to represent Education District No. 2 shall be elected only by the qualified voters of the Thomasville school district residing within Education District No. 2. Members at large shall be elected by all the qualified voters of the Thomasville school district.

Section 11.6. Candidates to designate district; exceptions.

Each candidate for election to the board of education shall clearly designate whether he is seeking election to represent Education District No. 1 or to represent Education District No. 2 or at large. However, in any election at which two (2) or more members are to be elected to represent either Education District No. 1 or No. 2, a candidate shall not be required to designate a specific post or designate a specific member he seeks to succeed, so that in any such election all candidates to represent such education district shall run against all other candidates to represent such education district. If there are to be elected two (2) members to represent an education district, the two (2) candidates receiving the highest numbers of votes shall be elected; and if there are to be elected three (3) members to represent an education district, the three (3) candidates receiving the highest numbers of votes shall be elected. In the election of members to represent an education district, an elector of that education district shall vote for the same number of candidates seeking election from such education district as the number of members to be elected to represent such education district; and such an elector shall not cast more than one (1) vote for any such candidate.

Section 11.7. Candidates elected by plurality vote.

All candidates shall be elected to the board of education by plurality vote, without regard to whether any candidate receives a majority of the votes cast; and no run-off election shall be held except in the case of a tie vote. All elections under this section shall be nonpartisan elections.

Section 11.8. Vacancies.

Any vacancy on the board of education occurring other than because of the expiration of a term of office shall be filled by the board of education, a majority vote of all the remaining members being necessary for such election.

Section 11.9. Residency requirement.

In order to be eligible for election as a member to represent Education District No. 1, a candidate must, in addition to all other requirements imposed by law, be a resident of Education District No. 1; and if a member representing Education District No. 1 removes his residence from Education District No. 1, his office shall be immediately vacated as provided by Code Section 45-5-1 of the O.C.G.A. In order to be eligible for election as a member to represent Education District No. 2, a candidate must, in addition to all other requirements imposed by law, be a resident of Education District No. 2; and if a member representing Education District No. 2 removes his residence from Education District No. 2, his office shall be immediately vacated as provided by Code Section 45-5-1 of the O.C.G.A. If any member removes his residence from the Thomasville school district, his office shall be immediately vacated as provided by Code Section 45-5-1 of the O.C.G.A.

Section 11.10. Boundaries of districts defined.

For purposes of electing members of the board of education, the Thomasville school district is divided into two (2) education districts as follows:

Education District No. 1. All that portion of the city which lies west of a line through the approximate center of the city, such line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right-of-way of Pinetree Boulevard and the center line of the right-of-way of Glenwood Drive, and run south along the center line of Glenwood Drive to its intersection with the center line of the right-of-way of Edgewood Circle; run thence in a southerly direction along the center line of Edgewood Circle to its intersection with the center line of the right-of-way of Mitchell Street; run thence in a southeasterly direction along the center line of the right-of-way of Mitchell Street to its intersection with the center line of the right-of-way of Clay Street; run thence in a southwesterly direction along the center line of the right-of-way of Clay Street to its intersection with the center line of the right-of-way of Broad Street; run thence in a southeasterly direction along the center line of the right-of-way of Broad Street to its intersection with the center line of the right-of-way of Monroe Street; run thence southwesterly along the center line of the right-of-way of Monroe Street to its intersection with the center line of Madison Street; run thence southeasterly along the center line of the right-of-way of Madison Street to its intersection with the center line of the right-of-way of Remington Avenue; run thence in a northeasterly direction along the center line of the right-of-way of Remington Avenue to its intersection with the center line of the right-of-way of Broad Street; run thence in a southeasterly direction along the center line of the right-of-way of Broad Street to its intersection with the center line of the right-of-way of the former Seaboard Coastline Railroad, now CSX Transportation Inc.; run thence in an easterly direction along the center line of the right-of-way of such railroad to its intersection with the center line of Hansell Street; run thence in a southerly direction along the center line of the right-of-way of Hansell Street to its intersection with the center line of the right-of-way of Metcalf Avenue; run thence in an easterly direction along the center line of the right-of-way of Metcalf Avenue to its intersection with the center line of the right-of-way of Loomis Street; run thence in a southwesterly direction along the center line of the right-of-way of Loomis Street to its intersection with the center line of the right-of-way of South Street; run thence in a southerly direction along the center line of the right-of-way of South Street to its intersection with the center line of the right-of-way of Augusta Avenue; run thence in an easterly direction along the center line of the right-of-way of Augusta Avenue to its intersection with the center line of the right-of-way of Orange Street; run thence south along the center line of the right-of-way of Orange Street to its intersection with the southerly margin of the right-of-way of Pinetree Boulevard. All property within the limits of the city which lies west of the line described above and all property within the limits of the city due west of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the city which lies due west of a line created by extending in a southerly direction the southern terminus of the line described above shall be deemed to lie within Education District No. 1.

Education District No. 2. All that portion of the city which lies east of a line through the approximate center of the city, such line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right-of-way of Pinetree Boulevard and the center line of the right-of-way of Glenwood Drive, and run south along the center line of Glenwood Drive to its intersection with the center line of the right-of-way of Edgewood Circle; run thence in a southerly direction along the center line of Edgewood Circle to its intersection with the center line of the right-of-way of Mitchell Street; run thence in a southeasterly direction along the center line of the right-of-way of Mitchell Street to its intersection with the center line of the right-of-way of Clay Street; run thence in a southwesterly direction along the center line of the right-of-way of Clay Street to its intersection with the center line of the right-of-way of Broad Street; run thence in a southeasterly direction along the center line of the right-of-way of Broad Street to its intersection with the center line of the right-of-way of Monroe Street; run thence southwesterly along the center line of the right-of-way of Monroe Street to its intersection with the center line of Madison Street; run thence southeasterly along the center line of the right-of-way of Madison Street to its intersection with the center line of the right-of-way of Remington Avenue; run thence in a northeasterly direction along the center line of the right-of-way of Remington Avenue to its intersection with the center line of the right-of-way of Broad Street; run thence in a southeasterly direction along the center line of the right-of-way of Broad Street to its intersection with the center line of the right-of-way of the former Seaboard Coastline Railroad, now CSX Transportation, Inc.; run thence in an easterly direction along the center line of the right-of-way of such railroad to its intersection with the center line of Hansell Street; run thence in a southerly direction along the center line of the right-of-way of Hansell Street to its intersection with the center line of the right-of-way of Metcalf Avenue; run thence in an easterly direction along the center line of the right-of-way of Metcalf Avenue to its intersection with the center line of the right-of-way of Loomis Street; run thence in a southwesterly direction along the center line of the right-of-way of Loomis Street to its intersection with the center line of the right-of-way of South Street; run thence in a southerly direction along the center line of the right-of-way of South Street to its intersection with the center line of the right-of-way of Augusta Avenue; run thence in an easterly direction along the center line of the right-of-way of Augusta Avenue to its intersection with the center line of the right-of-way of Orange Street; run thence south along the center line of the right-of-way of Orange Street to its intersection with the southerly margin of the right-of-way of Pinetree Boulevard. All property within the limits of the city which lies east of the line described above and all property within the limits of the city due east of a line created by extending in a northerly direction the northern terminus of the line described above, and all property within the limits of the city which lies due east of a line created by extending in a southerly direction the southern terminus of the line described above shall be deemed to lie within Education District No. 2.

(Ord. of 5-10-93, I(B))

Section 11.11. Officers, quorum, meetings.

The officers of the board shall be a president, vice-president, and secretary and treasurer. The office of secretary and treasurer shall be filled by one (1) and the same person, who shall before entering upon the duties of his office take and subscribe an oath to faithfully discharge the duties of his office and shall give bond in such sum as may be fixed by the board to faithfully account for all moneys coming into his hands as such officer, which such bond shall be made payable to the board of education, and the board of education is hereby empowered to bring suit and to maintain upon such bond in any courts of this state for a breach of such bond by the secretary and treasurer, and the proceeds of such suit shall be applied to the public schools of this city. The secretary and treasurer shall not pay out any moneys except by order of the board. No officer of the board shall receive any compensation except the secretary and treasurer, whose compensation shall be fixed by the board. His books shall be open for inspection by the members of such board. The secretary may or may not be a member of the board of education. A quorum of the board of education shall consist of a majority of the members. The board of education shall have regular monthly meetings, the time of such meetings shall be fixed by them, and they shall meet more often as the public school interests may require. Their officers shall be elected by ballot and shall hold their office for one (1) year and until their successors are elected and qualified.

Section 11.12. Power and authority.

The board of education shall have authority to establish and from time to time modify a system of public schools for the city, to be open not less than eight (8) and not more than ten (10) scholastic months in each year. The board of education, as soon after their election as practicable, shall make provisions for the opening of the public schools. The board of education shall have authority to purchase, build, engage, and rent buildings for school purposes and to accept gifts and donations of property, money, and other things for school purposes under this article; and all deeds taken to real property shall inure to the board of education for the city and their successors in office. The board shall have the authority to employ a superintendent and other teachers for the public schools and to prescribe their duties and to suspend or discharge them for good causes, to prescribe the terms upon which pupils shall be admitted to such public schools, and to make such rules and regulations and bylaws as they deem right and proper for maintaining a system of public schools for the city. The board of education shall have the power to fix the compensation of all teachers employed in such public schools and to pay same. The board shall keep the minutes of each meeting, which shall be open to the inspection of the city council for the city or any citizen of the city. The board of education shall regulate the curriculum and the books to be used in such school. Whenever the board of education shall determine that any real or personal property is not needed for school purposes, the board shall have the authority to rent or lease the property upon such terms and conditions as the board shall deem advisable or to sell such property at public or private sale in the discretion of the board and to convey such property by warranty deed. A copy of the action of the board in this connection shall be spread upon the minutes.

Section 11.13. Jurisdiction and powers unaffected by adoption of charter.

The jurisdiction and the powers and duties of the board of education are hereby expressly preserved and shall in no way be affected by the adoption of this charter.