Long-running debate over Keep Albany Daugherty Beautiful governance continues; commission to revisit joint-resolution language

The Dougherty County Commission spent an extended portion of its March 31 work session discussing a proposed joint resolution with the city to reestablish Keep Albany Daugherty Beautiful (KADB), its administrative governance, and board authority.

Assistant County Administrator Barry Brooks outlined staff's proposal to place KADB's administrative office within the county solid waste department, to make the county administrator the hiring authority for an executive director, and to clarify due process and employee protections. Brooks said the structure was intended to remedy problems that arose when volunteers made personnel decisions for city employees funded by county dollars.

Commissioner Greg Gray (identified in discussion as a critic of the proposed structure) and others urged that KADB remain an independent 501(c)(3) nonprofit. Gray proposed an alternative: let KADB remain a stand-alone nonprofit and provide an annually renewable grant with parameters requiring fundraising and program outcomes. He and other commissioners warned that making the executive director a county employee and giving the county significant appointment authority could increase liability and risk for the county.

KADB's board counsel raised concerns to county staff that the county chairman's power to appoint the KADB chair could jeopardize KADB's nonprofit status; the transcript records the county attorney's review of that concern. County Attorney Alex Sharlow said he had reviewed the IRS and Georgia nonprofit law and did not find language in the proposed ordinance that would, in his view, jeopardize KADB's 501(c)(3) status. He also said the gratuities-clause concerns raised by commissioners did not appear triggered by the staff proposal because KADB would be performing a governmental function and the county is tax-exempt. Sharlow noted that KADB's attorney had forwarded IRS guidance raising questions about board independence on March 20 and asked that counsel provide any authority supporting that position.

Several commissioners urged further, private discussions among county staff, county and city attorneys, and KADB counsel to resolve the remaining concerns; others expressed impatience and said the item should remain on the commission agenda for a vote next week after minor tweaks. Commissioners also discussed dissolving or repealing an existing SDS agreement and replacing it with the joint resolution.

The transcript records that the proposal was extensively discussed and that commissioners asked for clarity on two primary sticking points: who appoints the KADB chair and whether the executive director would be a county employee. The commission did not record a final adoption vote during the work session; commissioners directed staff and counsel to continue negotiations and to return the item to the next meeting.