How We Are Governed
Organizing County Government
The first state constitution in 1777 created eight counties: Burke, Camden, Chatham, Effingham, Glynn, Liberty, Richmond, and Wilkes. These were carved out of the coastal areas settled when Georgia was a British colony. Since then, each revision of the state constitution has increased the number of counties, until the total reached 159, the limit specified in the Constitution of 1983. Haralson County was created in 1856 from parts of Polk and Carroll County and is now the 62nd largest of Georgia's 159 counties. Only Texas, which is considerably larger in area, has more counties than Georgia.
Georgia's counties were created by a rural society that looked to government to keep the records straight and the justice swift. According to anecdotal history, Georgia established enough counties so a farmer traveling by mule-drawn buggy could go to the county seat, take care of business, and return to his farm in the same day. Now, nearly 250 years later, the county is still the center of political and cultural life for a majority of the Georgia's residents.
To help counties administer state programs and conduct state courts, the state constitution originally created four elected county officers: the sheriff, the tax commissioner, the clerk of the superior court, and the judge of the probate court. In 1868 the state began creating the position of county commissioner to administer the general operations of the county.
The county was originally governed by a sole Commissioner of Roads and Revenues. The last occupant of this office was Charles Sanders (D). The county is now governed by a five-member Board of Commissioners, which replaced the single-commissioner form beginning with the term starting in January 2005. The chairman is elected countywide and the other four commissioners are elected by district.
Though the structure was historically more widespread, Georgia is the only state in the United States to have counties governed by a sole commissioner. Debates over the establishment or removal of a sole commissioner government generally hinge on efficiency versus representation and debate. Most counties with sole commissioners are small and rural. However, Bartow County with 108,000 residents is a notable exception. As part of general county operations, the BOC must finance county programs and pay the salaries of constitutional officers.
Board of Commissioners Sheriff Tax Commissioner Probate Judge Clerk of Court Magistrate Coroner State Government
The Constitutional Officers
The sheriff enforces the law, maintains peace in the county, and serves as the jailer.
The functions of the tax commissioner resemble those of an accountant for the county. He or she receives all tax returns, maintains the county's tax records, and collects and pays tax funds to the state and local governments.
To assist the tax commissioner, the BOC in some counties has established a tax assessor's board, an equalization board, and/or a board of appraisers. The purpose of these appointed, not elected, boards is to ensure that everyone pays his or her fair share of taxes.
The clerk of the superior court is the primary record keeper for the county. The clerk maintains all the court records and supervises the registration of property transactions. Each BOC also has its own county clerk, who is responsible for keeping the records for the board.
The judge of the probate court has a broad range of powers, mostly unrelated to criminal matters. He or she oversees matters pertaining to property deeds, marriage licenses, guardianships, and wills; supervises elections; and administers public oaths of office. To assist the judge of the probate court, the state has created a local board of elections in almost every county.
Beyond the powers assigned to the constitutional officers, the BOC is the county governing authority. It has the power to adopt ordinances, resolutions, or regulations relating to county property, county affairs, and the operation of local government. Larger, more urban counties distribute governmental responsibilities among many departments, whereas smaller, more rural counties often employ only a few officials, each of whom serves several functions.
Counties Have Expanded Services Over the Years
In many rural societies, people did not expect many services from their government. Georgia's counties were formed mainly as a convenient way to determine jurisdictions for state representatives. Historically counties also served the state justice system by conducting local courts of law. The local court judge handled cases, filed records, and probated wills. Today the services a county offers have expanded to meet the growing demands of residents.
Every county conducts local courts of law, voter registration, and elections; sells motor vehicle tags; files official records of property ownership; builds and repairs county roads; probates wills; and administers welfare and public assistance programs. The 1983 Constitution added supplementary powers to this list of county duties.
These supplementary powers address demands to improve and maintain the state's quality of life. Cities and towns have long offered these services, but they were seldom seen outside the urban environment. As Georgia's population has grown, so too has the number of residents who want city-like services. According to the U.S. census, approximately 67 percent of Georgians lived outside a city by 2000, and many expected the same quality of life as their city-dwelling friends and relatives.
Counties are allowed to provide:
- Police and fire protection
- Garbage and solid waste collection and disposal
- Public health facilities and services, including hospitals, ambulances, emergency rescue, and animal control
- Street and road construction, including curbs, sidewalks, and street lights
- Parks, recreational areas, facilities, and programs
- Storm-water and sewage collection and disposal systems
- Water utilities
- Public housing
- Public transportation
- Libraries, archives, and arts/sciences programs and facilities
- Terminal and dock facilities and parking facilities
- Codes, including building, housing, plumbing, and electrical codes
- Air quality control
- Planning and zoning