COUNTY VIOLATES STATE LAW, INCONVENIENCES CITIZENS
Fannin County has not complied with a 2001 state law that requires it to codify and publish a code of ordinances.
The law requires Georgia counties to codify all county ordinances and resolutions having the force and effect of law and publish them as a code of ordinances. The law's publication requirement is satisfied by placing a copy of the code of ordinances in the county law library (located on the second floor of the courthouse) or by posting it on the internet. Once the code of ordinances is published, a county must update it every year.
The last time Fannin County codified its ordinances and published a code of ordinances was in 2007. The code has not been updated or published since.
The law requires Georgia counties to codify all county ordinances and resolutions having the force and effect of law and publish them as a code of ordinances. The law's publication requirement is satisfied by placing a copy of the code of ordinances in the county law library (located on the second floor of the courthouse) or by posting it on the internet. Once the code of ordinances is published, a county must update it every year.
The last time Fannin County codified its ordinances and published a code of ordinances was in 2007. The code has not been updated or published since.
Analysis
In 2001 the Georgia Legislature required all Georgia counties and all Georgia cities with a population over 5,000 to prepare and publish a codification of their “ordinances and resolutions … having the force and effect of law” by no later than January 1, 2002. O.C.G.A. § 36-80-16 (2014). A copy of the statute is attached follows this article.
Subsection (b)(1) of the law states:
Subsection (b)(1) of the law states:
Each local governing authority shall, no later than January 1, 2002, provide for the general codification of all the ordinances and resolutions of that unit of local government having the force and effect of law. … [T]he general codification shall be adopted by such local governing authority by ordinance and shall be published promptly, together with all amendments thereto and such local Acts of the General Assembly pertaining to the governing authority, codes of technical regulations, and other rules and regulations as the local governing authority may specify.
It is unknown whether Fannin County complied with the law in 2002. The only known codification of Fannin County’s ordinances occurred in 2007 and apparently was discontinued thereafter.
What ordinances and resolutions must be codified
The statute requires that ordinances and resolutions “having the force and effect of law” be included in the codification.
Ordinances
The definition of an ordinance is a law passed by a local government. By definition, therefore, every ordinance enacted by the county has the force and effect of law. Thus, every ordinance ever enacted by Fannin County that has not been repealed must be included in the codification of Fannin County’s ordinances. This conclusion is supported by the fact that the codification performed by Fannin County in 2007 appears to include all ordinances in effect at that time.
Resolutions
The distinction between an ordinance and a resolution is not clear. A resolution is defined as the official expression of the opinion or will of a legislative body. The same definition can be applied to an ordinance. A law is defined as a rule of conduct of binding legal force and effect which is prescribed, recognized, and enforced by a controlling authority. There-fore the statute requires Fannin County to include in its codifi-cation any resolution which prescribes a rule of con-duct for any officer, official, employee or person because such a resolution would have the force and effect of law. It is unknown whether Fannin County has any such resolutions.
As will be seen below, the statute requires that after the ordinances and resolutions have been codified, the resulting code of ordinances must be published and updated annually.
What is a codification?
By using the word “codification” the statute requires that the ordinances and resolutions be prepared in an ordered, sequential and systematic form similar to the Official Code of Georgia. That is the accepted meaning of codification.
Moreover, the statute distinguishes between a codification and a less formal compilation. Cities with a population of 5,000 or less do not have to prepare a codification, but rather have the option of substituting a compilation of ordinances and resolutions and requires “the compiled ordinances and resolutions shall, at a minimum, be arranged in a logical manner, such as by date, and should preferably include an index or other finding aids.” O.C.G.A. §36-80-19(b)(2).
Because the statute makes this distinction between a codification and a compilation, it is clear that Fannin County cannot satisfy the statute by preparing a compilation of its ordinances and resolutions but rather must prepare a more formal codification of its ordinances and resolutions.
Fannin County presently posts some of its ordinances on its website for public consumption. It is questionable whether this satisfies even the lesser compilation alternative for smaller cities. It certainly does not satisfy the statute’s codifi-cation requirement. While the ordinances are listed by title or subject matter on the county website (which may satisfy the requirement that they be arranged in a logical manner), there is no index or other finding aid.
More significantly, many of the ordinances on the county’s website lack any internal reference to the title, chapter or sections of the code being created by the ordinance. Thus, it is impossible to tell where the ordinances should be placed in the 2007 code of ordinances, and therefore the ordinances cannot be considered codified. Furthermore, this drafting practice violates the statute. See the end of this article for a discussion of how Fannin County’s ordinances have been drafted.
Fannin County must publish its code of ordinances
Not only must a codification be prepared, but the statute emphasizes that it must be published promptly. O.C.G.A. § 36-80-16(b)(1) states that “the general codification shall be adopted by such local governing authority by ordinance and shall be published promptly.”
What Fannin County does not have to publish
O.C.G.A § 36-80-16(b)(1) states that the county may publish “such local Acts of the General Assembly pertaining to the governing authority, codes of technical regulations, and other rules and regulations as the local governing authority may specify.” This means that Fannin County is not required to publish its charter, technical regulations (as opposed to ordinances), or other rules and regulations.
How Fannin County must publish
its code of ordinances
O.G.C.A. § 36-80-16(d) states: “Each such general codification shall be: (1) Made available by posting such codification on the Internet; or (2) In counties which have established a county law library, furnished as a copy to the county law library.” Thus, the statute does not require Fannin County to publish its code of ordinances on the internet. Fannin County can satisfy the publication requirement of the statute by placing a copy of the code in the county law library.
The county codified its ordinances and published the resulting code of ordinances in 2007. Municipal Code Corporation (Municode) did the codification. Municode makes the codes it publishes available on the internet at www.municode.com. Fannin’s County’s code of ordinances is not on the Municode website. It appears that Fannin County choose not to continue to publish and update its code of ordinances using Municode or any other code service, for that matter.
Fannin County must update its published
code of ordinances annually
O.G.C.A. § 36-80-16(b)(3) states: “Amendments to a code shall be incorporated into the general codification and published at least annually.” The statute uses the peremptory command “shall” which means that the county has no choice but to comply with the statute. This means that Fannin County must (a) update the published code of ordinances every year by incorporating subsequent amendments to the code and (b) publish the updated code of ordinances annually.
Because Fannin County has not prepared or published updated versions of its 2007 code of ordinances, Fannin County is in violation of the statute.
The County should publish its
code of ordinances on the internet
The statute shows that even as far back as 2001, the year the statute was enacted, the Georgia Legislature recognized that publication of local government codes of ordinances on the internet was an acceptable alternative to printed publication. Now, 14 years later, the reasons why the county should make its codified ordinances available on the internet are compelling.
This is the age of easy internet access to information. Most people are accustomed to looking things up on the internet. Government should use modern media technology to provide information to its citizens.
At present, the only way a person can review the ordinances that the county has not seen fit to publish on its website is by going to the county law library or public library to consult the printed 2007 code of ordinances. Even then a person has no assurances that there is not a post-2007 ordinance or ordinance amendment that the county has not posted on its website.
Not only is this a cumbersome and inconvenient process, but it can be done only during hours that the law library or the public library are open. This effectively means that shut-ins, those who lack transportation and those who work during the week are precluded from accessing these important government documents. Furthermore, it precludes people from reviewing these documents during non-business hours, on weekends and during government holidays.
The foremost reason why the county should publish a complete and up-to-date code of ordinances on the internet is that it furthers the interest of transparent and open government.
Since Fannin County must update the 2007 codification of its ordinances and since it already has chosen to publish some of its ordinances on its website, it would be a simple step to publish the updated code of ordinances on its website. Alternatively, Fannin County could contract with Municode again or with some other commercial code service to update and publish the code in the internet. This would have the added advantage of making it easier to update the code of ordinances annually as required by the statute by simply sending all new ordinances and amendments to existing ordinances to the code service.
This is the age of easy internet access to information. Most people are accustomed to looking things up on the internet. Government should use modern media technology to provide information to its citizens.
At present, the only way a person can review the ordinances that the county has not seen fit to publish on its website is by going to the county law library or public library to consult the printed 2007 code of ordinances. Even then a person has no assurances that there is not a post-2007 ordinance or ordinance amendment that the county has not posted on its website.
Not only is this a cumbersome and inconvenient process, but it can be done only during hours that the law library or the public library are open. This effectively means that shut-ins, those who lack transportation and those who work during the week are precluded from accessing these important government documents. Furthermore, it precludes people from reviewing these documents during non-business hours, on weekends and during government holidays.
The foremost reason why the county should publish a complete and up-to-date code of ordinances on the internet is that it furthers the interest of transparent and open government.
Since Fannin County must update the 2007 codification of its ordinances and since it already has chosen to publish some of its ordinances on its website, it would be a simple step to publish the updated code of ordinances on its website. Alternatively, Fannin County could contract with Municode again or with some other commercial code service to update and publish the code in the internet. This would have the added advantage of making it easier to update the code of ordinances annually as required by the statute by simply sending all new ordinances and amendments to existing ordinances to the code service.
Fannin County is required to codify and publish a code of ordinances. The county would be doing a great service to its citizens by updating its code of ordinances and publishing them to make the code readily and easily available to the public.
The Statute
O.C.G.A. § 36-80-19 (2014)
§ 36-80-19. General codification of ordinances and resolutions; publication and availability of code; official state repository for general codifications
(a) As used in this Code section, the term "local governing authority" means the governing authority of each municipality and county in this state.
(b)(1) Each local governing authority shall, no later than January 1, 2002, provide for the general codification of all the ordinances and resolutions of that unit of local government having the force and effect of law. Except as provided in paragraph (2) of this subsection, the general codification shall be adopted by such local governing authority by ordinance and shall be published promptly, together with all amendments thereto and such local Acts of the General Assembly pertaining to the governing authority, codes of technical regulations, and other rules and regulations as the local governing authority may specify. This compilation shall be known and cited officially as "The Code of , Georgia."
(2) In cities having a population of 5,000 or less according to the most recent federal decennial census, the governing authority may at its discretion substitute a compilation of ordinances and resolutions for the codification required under paragraph (1) of this subsection. In such case, the compiled ordinances and resolutions shall, at a minimum, be arranged in a logical manner, such as by date, and should preferably include an index or other finding aids. In such case, the compilation shall be known as "The Compiled Ordinances and Resolutions of , Georgia" and shall be distributed and made available in the same manner provided in this Code section for codifications.
(3) Copies of the code, at the discretion of the local governing authority, shall be furnished to officers, departments, and agencies of the local governing authority. The code shall be made available for purchase by the public at a reasonable price as fixed by the local governing authority. Amendments to a code shall be incorporated into the general codification and published at least annually.
(c) The local governing authority shall cause each ordinance and each amendment to the general codification to be printed promptly following its adoption, and the printed ordinances and amendments shall be made available for purchase by the public at reasonable prices to be fixed by the local governing authority. Following publication of the first code under this Code section and at all times thereafter, the ordinances and amendments shall be printed in substantially the same style as the code currently in effect in such unit of local government and shall be suitable in form for incorporation therein. The local governing authority shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
(d) Each such general codification shall be:
(1) Made available by posting such codification on the Internet; or
(2) In counties which have established a county law library, furnished as a copy to the county law library.
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