The Fulton County Commission passed an ordinance requiring constitutional officers to follow the county’s purchasing ordinance.
Commissioner Bob Ellis said the county already has spent a tremendous amount on lawsuits due to some officials’ failure to follow purchasing requirements.
He said the ordinance requires constitutional officers – including the sheriff, superior court clerk, tax commissioner, and probate judge – to follow the county law and appoint evaluation committees to make purchasing selections through competitive selection. The law does not require these elected officials to get approval from the commission for their purchases.
Fulton County Probate Judge Kenya Johnson appeared before the commissioners to ask them to reconsider the ordinance.
“Fulton County runs the risk of constitutional challenges and opens the county up to certain litigation which has already been decided in favor of constitutional offices around this state,” she said.
Johnson said the Supreme Court cautioned county commissions to not attempt to indirectly exercise their fiscal authority and their control of county property.
“Simply put, you cannot establish a system where the spending decisions of constitutional officers require approval,” she said.
Commissioner Marvin Arrington agreed with Johnson when the ordinance came under discussion.
“I do not believe that we as county commissioners have the authority to limit money once it is given to a constitutional officer,” he said.
Arrington agreed with the intent but said the commission needed to go to the Georgia General Assembly to get a proposed change, which would then need to be approved by the voters as a constitutional amendment.
Ellis said the ordinance gives constitutional officers full discretion on their spending. However, it requires them to comply with county law for purchasing and to run their purchasing through procurement policies.
Failure to follow the county’s purchasing ordinance has created problems with audits and exposed the county to legal liability, Ellis said.
