ATHENS-CLARKE COUNTY HISTORIC PRESERVATION COMMISSION

BYLAWS

SECTION 1. AUTHORITY

The Athens-Clarke County Historic Preservation Commission (hereinafter referred to as the "Preservation Commission") has been created pursuant to the Georgia Historic Preservation Act, O.C.G.A. Section 44-10-21, et., seq., and the Athens-Clarke County Historic Preservation ordinance, adopted by the Mayor and Council of the City of Athens on November 4, 1986 as amended December 8, 1992 by the Athens-Clarke County CEO and Commission with an effective date of implementation of January 1, 1987 , and shall be governed by the terms thereof.
 
 

SECTION 2. POWERS

The Preservation Commission is authorized to:

2.A. Prepare an inventory of all property within its respective historic preservation jurisdiction having the potential for designation as historic property;

2.B. Recommend to the Athens-Clarke County CEO and Commission (hereinafter referred to as the "CEO and Commission") specific places, districts, sites, buildings, structures, or works of art to be designated by ordinance as historic properties;

2.C. Review applications for Certificates of Appropriateness, and make the following actions: approve, approve with conditions or deny same in accordance with the provisions of the Athens-Clarke County Historic Preservation Ordinance;

2.D. Recommend to the CEO and Commission that the designation of any place, district, site, building, structure, or work of art as a historic property be revoked or removed;

2.E. Restore or preserve any historic properties acquired by Athens-Clarke County;

2.F. Promote the acquisition by Athens-Clarke County of facade easements and conservation easements in accordance with the provisions of Section 44-10-1 det sec O.C.G.A. entitled "Uniform Conservation Easement Act";

2.G. Conduct an educational program on historic properties located within its historic preservation jurisdiction;

2.H. Make such investigations and studies of matters relating to historic preservation as or the CEO and Commission may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources.
 
 

2.I. Seek out state and federal funds for historic preservation, and make recommendations to CEO and Commission concerning the most appropriate uses of any funds acquired; 2.J. Consult with historic preservation experts in the Historic Preservation Office of the Department of Natural Resources or its successor and the Georgia Trust for Historic Preservation;

2.K. Submit to the Historic Preservation Office of the Department of Natural Resources a list of historic properties designated;

2.L. Perform historic preservation activities as the official agency of the Unified Government of Athens-Clarke County's historic preservation program;

2.M. Receive such volunteer services as are available and appropriate and employ persons and services within the limits of funds budgeted by the CEO and Commission to carry out the responsibilities of the Preservation Commission in an appropriate manner;

2.N. Receive donations, grants, funds, or gifts of historic property, and to acquire and sell historic properties. The Preservation Commission shall not obligate Athens-Clarke County without prior consent.

2.O. To recommend to the CEO and Commission such financial and/or other incentives that can be expected to encourage the preservation of the community's historic resources and provide a positive incentive to affected property owners;

2.P. Attend or take advantage of any training available through state, federal, or private agencies to further the education of the Preservation Commission members in accordance with established budget constraints.
 
 

SECTION 3. MEMBERSHIP: OFFICERS
 
  3.A. General. The Preservation Commission shall consist of seven (7) members, all of whom shall be residents of the Athens-Clarke County, a majority of whom shall have demonstrated special interest, experience, or education in history, architecture, or preservation of historic resources. The members of the Preservation Commission shall be appointed by the CEO and Commission according to the procedure established in the Historic Preservation Ordinance.

3.B. Terms. Terms of Preservation Commission members shall be (3) three years from the date of appointment, except in the initial organization of the Preservation Commission. Members may serve no more than two full terms consecutively.

3.C. Disqualification. A member who has (3) three consecutive absences from the regular meetings of the Preservation Commission without prior notice to the Secretary of the Preservation Commission, who moves his/her permanent residence outside Athens-Clarke County, or who violates the Code of Conduct of the Preservaton Commission shall be eligible for disqualification to serve as a member of the Preservation

Commission. It is the responsibility of the Chair of the Preservation Commission to bring the above mentioned actions of a Preservation Commission member to the attention of said member in writing and to the Preservation Commission. The Commission then would make a recommendation to the CEO and Commission concerning the status of the member.

3.D. Vacancies. If a vacancy occurs in the membership of the Preservation Commission for any reason, the Chair shall immediately notify the CEO and Commission and request that they make an appointment to fill such vacancy for the remainder of the unexpired term in an expeditious manner.

3.E. Chair. A Chair shall be elected by the members of the Preservation Commission from among their membership for a one-year term. The Chair shall serve no more than (2) two consecutive terms. The Chair shall decide all points of order and procedure, subject to these bylaws and the latest edition of Roberts Rules of Order, unless directed otherwise by a majority of the Preservation Commission in session at the time. The Chair shall appoint any committees found necessary to facilitate any business before the Preservation Commission. The Chair shall vote on matters before the body only in order to break a tie vote.

3.F. Vice Chair. A Vice Chair shall be elected by the members of the Preservation Commission from among their membership in the same manner as the Chair and shall be eligible for re-election. The Vice Chair shall serve as Acting Chair in the absence of the Chair or when that officer shall refrain from participation because of conflict of interest and shall have the same powers and duties as the Chair. Upon the resignation or disqualification of the Chair, the Vice Chair shall assume the chairmanship for the remainder of the unexpired term. The Preservation Commission shall elect a new Vice Chair at its next regular meeting.

3.G. Secretary. The Preservation Commission shall appoint a Secretary to serve at the pleasure of the Preservation Commission. If an individual who is not a member of the Preservation Commission is appointed as Secretary, that individual shall not have a vote on matters before the Preservation Commission. The secretary shall cause a record to be made of the each meeting of the Preservation Commission which shall include, at a minimum, a record of all resolutions, proceedings, and actions of the Preservation Commission.

3.H. Elections. Officers shall be elected at the regular July meeting of the Preservation Commission and shall take office on the first day of August following.
 
 

SECTION 4. MEETINGS 4.A. Regular Meetings. Regular meetings of the Preservation Commission shall be held on the third Wednesday of each month at 5:30 o'clock in the afternoon provided that meeting may be held at some other convenient time if directed by the Chair with (48) forty-eight hours advance notice of the meeting. If a regularly scheduled meeting occurs on a legal holiday, the Chair may set an alternate day for the meeting. The Chair shall give (48) four-eight hours notice of the time and place for the alternative regular meetings to each member of the Preservation Commission and the Secretary. The Secretary shall have the responsibility of notifying the press of the date, time, and location of meetings of the Preservation Commission as required by the Georgia Open and Public Meetings Act.

4.B. Special Meetings. Special meetings of the Preservation Commission may be called at any time by the Chair. At least (48) forty-eight hours' notice of the time and place of special meetings shall be given to each member of the Preservation Commission and the Secretary. The Secretary shall have the responsibility of notifying the press and others as required by the Georgia Open and Public Meetings Act.

4.C. Cancellation of Meetings. Whenever there is no business for the Preservation Commission, the Chair may dispense with a regular meeting by giving notice to all members not less than (24) twenty-four hours prior to the time set for the meeting.

4.D. Adjourned Meetings. Should the business before the Preservation Commission not be completed, the Chair may adjourn the same from day to day until the matters before the Preservation Commission are disposed of Preservation Commission has disposed of matters before them.

4.E. Open Meetings. All meetings of the Preservation Commission shall be open to the public. However, members of the public shall not address the Preservation Commission unless invited to do so by the Chair.

4.F. Agenda. The agenda for each meeting shall be prepared by the Secretary at the direction of the Chair. The normal order of business at each meeting shall be: (1) Determination of Quorum, (2) Approval of Minutes of the Previous Meeting, (3) Certificates of Appropriateness, (4) Reports, (5) Old Business, (6) New Business (7) Announcements (8) Adjournment.

4.G. Quorum. A quorum shall consist of 4 (four) members of the Preservation Commission.

4.H. Decisions of the Preservation Commission. Decisions of the Preservation Commission shall be by majority vote of the members present and voting, a quorum being present. Decisions may be made by voice vote unless any member requests a roll call vote.
 
 

SECTION 5. STAFF

The Preservation Commission shall be administered by the staff of the Athens-Clarke County Planning Department.

SECTION 6. CONFLICT OF INTEREST

No member shall cast a vote on any issue before the Preservation Commission which involves the interests of that individual or an organization in which that member has an ownership

interest or position of control, or directly represents, or vote on any matter which could provide direct financial benefit to that member. Whenever a conflict of interest situation arises in the conduct of business the following actions shall be taken:

The individual member shall divulge the existence and reasons for the potential conflict and abstain from voting.

The affected member, may, however, participate in any presentation or discussion or respond to questions pertaining to the issue at hand.
 
 
 
 

SECTION 7. CODE OF CONDUCT

Each member of the Preservation Commission shall adhere to the following code of conduct as contained in Section 45-10-3 of the Official Code of Georgia Annotated:

7-A. Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, and all governments therein and never be a party to evasion;

7-B. Never discriminate by the dispensing of special favors or privileges to any one, whether or not for remuneration;

7-C. Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his/her governmental duties;

7-D. Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit;

7-E. Expose corruption wherever discovered;

7-F. Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association, or corporation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the member's official duties;

7-G. Never accept any economic opportunity under circumstances where he/she knows or should know that there is a substantial possibility that the opportunity is being afforded him with intent to influence his/her conduct in the performance of his/her official duties;

7-H. Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust; and

7-I. Never take any official action with regard to any matter under circumstances in which he/she knows or should know that he/she has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action.
 
 
 
 

If any member of the Preservation Commission shall violate any provision of this article, that individual shall no longer be eligible to serve in any capacity with the Preservation Commission. It is the responsibility of the Chair of the Preservation Commission to bring the above mentioned actions of a Preservation Commission member to the attention of said member in writing and to the Preservation Commission. The Commission then would make a recommendation to the CEO and Commission concerning the status of the member.

SECTION 8. AMENDMENTS

These bylaws may be amended by the affirmative vote of (4) four members of the Preservation Commission, provided that notice of the intent to amend and the content of the amendment shall have been distributed in writing to each member at least (14) fourteen days prior to the meeting.

Adopted this day of , 1993
 
 

Chair
 
 

Secretary