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The elected officials of the county, other than members of the board of supervisors, must adopt<br />

and ma<strong>in</strong>ta<strong>in</strong> a system of personnel adm<strong>in</strong>istration for their respective employees or adopt the<br />

system of personnel adm<strong>in</strong>istration adopted by the board of supervisors.<br />

Transportation for Board Members 8<br />

The board of supervisors must exercise jurisdiction over the public highways of the county. The<br />

board may by order duly adopted and entered on its m<strong>in</strong>utes, provide for transportation of<br />

<strong>in</strong>dividual members of the board as is necessary and essential <strong>in</strong> the performance of their official<br />

duties.<br />

Enforcement 9<br />

Code, § 19-2-11 requires the State Auditor to determ<strong>in</strong>e if the county has actually adopted and<br />

put <strong>in</strong>to operation the practice of construct<strong>in</strong>g and ma<strong>in</strong>ta<strong>in</strong><strong>in</strong>g all of the roads and bridges of the<br />

county as a unit, with all of the construction and ma<strong>in</strong>tenance mach<strong>in</strong>ery and other equipment,<br />

construction and ma<strong>in</strong>tenance funds and other construction and ma<strong>in</strong>tenance facilities available<br />

to the county for highway use placed under the adm<strong>in</strong>istration of the county road manager for<br />

use <strong>in</strong> any part of the county regardless of beat l<strong>in</strong>es and to the best <strong>in</strong>terest of the county as a<br />

whole; if the county has established and implemented, and is ma<strong>in</strong>ta<strong>in</strong><strong>in</strong>g a central purchas<strong>in</strong>g<br />

system for all equipment, heavy equipment, mach<strong>in</strong>ery, supplies, commodities, materials and<br />

service as required by Code, § 31-7-101; if the county has established and implemented, and is<br />

ma<strong>in</strong>ta<strong>in</strong><strong>in</strong>g, the <strong>in</strong>ventory control system required by Code, § 31-7-107; and if the county has<br />

adopted and implemented a system of countywide personnel adm<strong>in</strong>istration as required by Code,<br />

§ 19-2-9.<br />

If the Auditor determ<strong>in</strong>es that a county is not <strong>in</strong> substantial compliance with any of these<br />

requirements, he must file a certified written notice with the clerk of the board of supervisors of<br />

his <strong>in</strong>tention to issue a certificate of noncompliance. If after thirty (30) days from the giv<strong>in</strong>g of<br />

the notice the county has not substantially complied, the Auditor must issue a certificate of<br />

noncompliance. Thereafter, the State Tax Commission shall withhold all payments of state aid<br />

road construction funds, fuel tax reimbursements and motor vehicle license seawall taxes to the<br />

county. If the county comes <strong>in</strong>to compliance with<strong>in</strong> n<strong>in</strong>ety (90) days those funds withheld will be<br />

subsequently paid to the county.<br />

If the county does not come <strong>in</strong>to compliance with<strong>in</strong> n<strong>in</strong>ety (90) days the funds withheld shall be<br />

forfeited and reallocated to the other counties <strong>in</strong> the state. Those funds will cont<strong>in</strong>ue to be<br />

forfeited until the county comes <strong>in</strong>to compliance.<br />

Code, § 19-2-12 provides that if the State Auditor determ<strong>in</strong>es that an <strong>in</strong>dividual member of the<br />

board of supervisors is not <strong>in</strong> substantial compliance with the countywide system of road<br />

adm<strong>in</strong>istration as described <strong>in</strong> Code, § 19-2-3, the State Auditor shall give written notification to<br />

the supervisor of such noncompliance. If with<strong>in</strong> thirty days after receipt of notice, the supervisor<br />

rema<strong>in</strong>s <strong>in</strong> noncompliance, the Auditor may <strong>in</strong>stitute civil proceed<strong>in</strong>gs <strong>in</strong> the chancery court of<br />

the county <strong>in</strong> which the supervisor serves. If the court determ<strong>in</strong>es the supervisor is not <strong>in</strong><br />

substantial compliance, the court shall order the supervisor to immediately and thereafter<br />

40

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