Fulton County voters will be casting ballots for half of their county commissioners in the May 19 primary. That includes the Districts 1, 3, and 5 seats, plus the countywide commission chair, where incumbent chair Robb Pitts is facing Democratic primary challenges from two commissioners, Mo Ivory and Marvin Arrington Jr.
But what are Fulton residents actually voting for?
The seven-member Fulton County Commission funds and oversees county government operations, such as elections, public health, animal control, and the library system. It also funds the courts, the district attorney and public defender offices, the sheriff, and the county jail.
But what powers do the commission — and the commission chair — actually have? And what does Fulton County control, as opposed to the governments for the 15 cities within it, like Atlanta?
For answers, Atlanta Civic Circle asked Patrise Perkins-Hooker, who has served as the attorney for both Fulton County and the city of Atlanta.
The conversation has been edited for length and clarity.
ACC: What is the difference between a Fulton commissioner and the commission chair?
Perkins-Hooker: Commissioners are elected to represent [geographic] districts. The chair represents the whole county. The chair is the presiding officer for commission meetings. He sets the agenda and runs the meetings, just like someone who’s the presiding officer for any other type of governing body.
The chair has the same voting power as any other commissioner — so that whole thing about only voting if there’s a tie [as the Atlanta City Council president does] is not applicable.
The chair is also designated as the official spokesperson for the county.
Fulton County does not have an elected chief executive like the DeKalb CEO or Atlanta mayor, so who runs the county?
Fulton County does have a county manager, Dick Anderson. He, like the county attorney, reports to the entire commission board. As an appointee, his bosses are seven people, but he is the day-to-day person who’s empowered to run the county. He oversees the hiring and firing of people and the administration of the budget.
Does the county manager have a term of office — or do they serve until removed or retired?
It’s the latter. They do generally have a contract in place. We got into the habit several cycles ago of entering into a contractual agreement with the county manager, where the salary level is set. Generally it’s for a period of about five years.They are eligible to be terminated at the will of the commission, for cause. The contract specifies the arrangements.
What is the relationship between the Fulton County Commission and other elected Fulton officials?
There are several county elected officers that are considered constitutional officers, such as the sheriff, clerk of courts, judges, district attorney, and the tax commissioner. They are elected countywide and they serve the people. They are not reportable or accountable to the county commission or the county manager.
When it comes to collecting taxes, it’s the tax commissioner who does that. But for the setting of tax rates or the approval of a tax allocation district (TAD), it’s the county commission that decides.
Although the commission does control the budgeting process for those [constitutional officer] departments, it is mandated by the state constitution to provide sufficient funds for them to carry out their duties.
For example, you have to fund the courts. You can’t be mad at a judge and not give them money. You don’t have to give them any extra funds, but you have to pay their salaries, provide for their administrative staff, and provide a courtroom.
[Constitutional officers are elected positions created by Georgia’s constitution, rather than a state law or local ordinance. Except for the clerk of courts office and probate court, Fulton courts are state-level, not county-level, constitutional offices, because Fulton is also the Georgia court system’s Atlanta Judicial Circuit. Judicial salaries are mainly paid by the state with a supplement from the county – except for probate judges, who are paid by the county. – Ed.]
When should a Fulton resident go to their county commissioner instead of city councilperson for their concerns?
Fulton is responsible for countywide functions like animal control, the public health department, mental health and healthcare facilities. They’re also responsible for the jail.
Cities are responsible for day-to-day functionality, such as water, sewer, and road repairs. The city of Atlanta is also responsible for waste management, even though your bill is handled through the county when you pay property taxes. That’s because the city has an agreement with the county to collect that bill.
Your city council member or your council member at-large would be responsible for things that you’re concerned about which impact the city and, basically, your daily life. You can go to your county commissioner if you’re concerned about other things, like the jail – or the fact that we have no healthcare system south of I-20.
There are also joint initiatives where the city and county work together, like on housing. Atlanta also works with the county on the library system. Atlanta is in a contractual relationship with the county, like all the other Fulton cities, to handle their elections.
