ORDER NO.30866 TRANSFERS OF ELECTION DUTIES FROM COUNTY CLERK'S OFFICE TO TAX ASSESSOR'S OFFICE Came to be heard this the 27th day of May, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Transfer the duties of Elections from the County Clerk's Office to the Tax Assessor's Office effective immediately with the assurance, to be stated publicly, from the County Clerk that she will assist through this complete election cycle to ensure a smooth transition. 3aab6 1~~~' 30~~0~ 3 U~68' COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Diane Bolin/Jannett Pieper/Eva Hyde OFFICE: Tax Assessor/County Clerk/Human Resources MEETING DATE: May 27, 2008 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action to approve moving election duties to the Voter Registrars Office and one employee from County Clerk's Office. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) Yes NAME OF PERSON ADDRESSING THE COURT: Diane Bolin/Jannett PieperlEva Hyde ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ELECTION CODE Sec. 31.076. an action taken by the county clerk without objection from the administrator has the same legal effect as if taken by the administrator. Sec. 31.048. Abolishing position. (a) The commissioners court by written order may abolish the position of county elections administrator at any time. (b) After the effective date of an order abolishing the position of administrator, the county tax assessor- collector is the voter registrar, and the duties and functions of the county clerk that were performed by the administrator revert to the county clerk, unless a transfer of duties and functions occurs under Section ' 12.031 or 31.071. (c) Not later than the third day after the date an order abolishing the position of administrator is adopted, the county clerk shall deliver a certified copy of the order to the secretary of state and comptroller of public accounts. Sec. 31.049. Criminal penalties. A statute prescribing a criminal penalty against the county clerk or the clerk's deputies or other employees for conduct relating to duties or functions transferred to the county elections administrator applies to the administrator or to the administrator's deputies or employees as appropriate. SUBCHAPTER C. TRANSFER OF ELECTION DUTIES TO COUNTY TAX ASSESSOR-COLLECTOR Sec. 31.071. Transfer of duties. (a) The commissioners court by written order may transfer to the county tax assessor-collector the duties and functions of the county clerk in connection with the conduct of elections if the county tax assessor-collector and county clerk agree to the transfer. (b) The order must state the effective date of the transfer of duties and functions. (c) Not later than the third day after the date the order is adopted, the county clerk shall deliver a certified copy of the order to the secretary of state and comptroller of public accounts. Necessity for preclearance under federal Voting Rights Act, see note under preface. Sec. 31.072. Applicability of other sections. To the extent practicable, Sections 31.043-31.047 and Section 31.049 apply to the transfer of election duties and functions under this subchapter. For this purpose, the references in those sections to the creation of the position of county elections administrator mean the transfer of duties and functions under this subchapter, and the references in those sections to the county elections administrator mean the county tax assessor-collector. ~` Sec. 31.073. Transfer of records. As soon as practicable after the effective date of a transfer of duties and functions under Section 31.071, the county clerk shall transfer to the county tax assessor-collector all voting equipment and supplies of which the clerk has custody and all records in the clerk's possession that pertain to an uncompleted election. The commissioners court shall determine which records of prior elections are to be transferred to the county tax assessor-collector and which are to remain with the county clerk. Sec. 31.074. Appropriation by commissioners court. The amount initially appropriated by the commissioners court for the duties and functions to be performed by the county tax assessor-collector under this subchapter may not be less than the amount last appropriated to the county clerk for the same purpose. Sec. 31.075. Guidelines. The secretary of state shall prepare advisory budgetary guidelines for the performance of the duties and functions of the county tax assessor-collector that are consolidated after implementation of this subchapter. Sec. 31.076. Rescission of transfer order. (a) The commissioners court by written order may rescind an order adopted under Section 31.071 at any time after two years have elapsed from the date the order was adopted, to s '` become effective on a date stated in the order. a ~ (b) Not later than the third day after the date the rescission order is adopted, the county clerk shall deliver a a ~~~'~~` certified copy of the order to the secretary of state and comptroller of public accounts. (c) On the effective date of the rescission, the county clerk shall perform the duties and functions previously ~~ . `.` transferred to the county tax assessor-collector unless the position of county elections administrator is ` , ~; ., ~ created. 71 AW4-3 Prescribed by Secretary of State Section 31.071, 'l~exas Election Code 08/07 ORDER FOR TRANSFERRING ELECTION DUTIES TO COUNTY TAX ASSESSOR-COLLECTOR We, the Commissioners Court of Kerr County by Court Order Number 30866 do hereby order the duties and functions of the County Clerk in connection with the conduct of elections be transferred to the County Tax Assessor-Collector immediately with the assurance from the County Clerk that she will assist through end of the November election cycle. The transfer of election duties shall be effective on 5-27-2008. Done this th~~ day ~ 2008. ~ ~ County of Kerr C mmissioner, Pct. 2 Commissioner, Pct. 4 I, Jannett Pieper, County Clerk of Kerr County do hereby certify that the above is a true and correct copy of the order by the Commissioners Court transferring the election duties of the County Clerk to the Tax Assessor-Collector. Witness my hand and seal of the office this th~~ day o , 20~. `0111111//// ~~~ N~ Y C O'~~i ~ V iv V ~ ~ /I.J~ ~ ,~ .. _* ~ •*- ~ ~ (~eal) t' . ~, ~~ . S : ~~ ~~i~c~UN1~ ~~~~ nett Pieper, Kerr Count Clerk