§ 9. [County clerk and county attorney.]

(a)

County clerk. The board of commissioners shall appoint a clerk, whose salary shall be determined by the board, to be paid monthly out of the county treasury, and it shall be the duty of said clerk to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meeting. The clerk shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection of any taxpayer of the county during normal working hours. Said clerk before entering on the discharge of his or her duties shall be required to give bond in any amount to be determined by the board for the faithful performance of his or her duties and shall take the same oath as required by Commissioner. Said clerk shall hold said office at the pleasure of the board of commissioners.

(b)

County attorney. The board of commissioners and every new board elected as provided in this Act, shall appoint a county attorney no later than April 1 of each year. The county attorney shall serve at the pleasure of the board and may be discharged upon a vote of a majority of the board. The county attorney shall: (a) Act as a legal advisor, attorney, and counsel to the board of commissioners and all of its officers in matters relating to their official duties: (b) Prepare or supervise preparation of all contracts, bonds, and other instruments in writing in which the county government is concerned; and (c) Perform such other duties as may be required by law, ordinance, or resolution of the board of commissioners. The county attorney may not represent any county official or employee if the representation of the county official or employee conflicts with the interest of the county government. In such cases, the board of commissioners may employ separate counsel to represent the county official or employee in which the county government is obligated to provide representation for such county official or employee. If needed, the board of commissioners may appoint other attorney(s) to represent the board or to assist the county attorney upon such terms and conditions as the board may consider appropriate. No person who serves as county attorney or assistant county attorney may represent any client before the board of commissioners. No person who is a member of the same law firm as the county attorney may represent any client before the board of commissioners. No person who serves as county attorney and no person who is a member of the same law firm as the county attorney may represent any municipality as city attorney located within the county. The compensation of the county attorney shall be fixed by the board of commissioners upon such terms and conditions as may be approved by the board.

(1995 Ga. Laws (Act No. 105), page 3824, § 9; Ord. of 4-12-2001, § 2; Ord. of 10-25-2001, § 1; Res. No. 16-042, 4-14-2016)