Tag Archives: arbitration

County lost LOST; now has 120 days to negotiate with cities



So all our tax money the county spent on the

alleged county attorney

arguing
before the state Supreme Court was wasted.
The remaining law seems to say by 120 days from Monday
the cities and the county need to come to an agreement.

Kay Harris wrote for the VDT yesterday,

Lowndes LOST in limbo:
Supreme Court tosses key amendment
,

In a ruling issued Monday, Oct. 7, the Supreme Court of Georgia
declared a 2010 amendment to the Local Option Sales Tax Act
unconstitutional, reasoning that the amendment would delegate a
legislative function of allocating tax proceeds to the judicial
branch of government, a violation of the Separation of Powers clause
of the Georgia Constitution.



For Lowndes County, the ruling effectively renders the lawsuit moot
that was filed by the five cities against the county in September
2012.

The Supreme Court’s ruling came in the case of Turner County vs. the
City of Ashburn over a dispute in splitting the proceeds from the
one cent sales tax, the same issue in the Lowndes lawsuit. By
declaring the portion unconstitutional that would allow a judge to
decide how to allocate the tax dollars between the entities, the
issue is now in limbo for several counties in Georgia.



You may recall that

former Chairman Ashley Paulk

wasn’t interested in discussing proposals from the cities,
and said from before

the LOST negotiations began

that he expected it to go to arbitration.



This was the same Chairman Ashley Paulk who put SPLOST VII on the ballot
a year early
and

lost it
.
I wonder how much input County Manager Joe Pritchard had into these two losing decisions?

At least SPLOST VI hasn’t expired yet
and there’s time for the voters to go again on

SPLOST VII in November
.

What happens now with LOST? Continue reading

LOST decision coming from GA Supreme Court

Local Lowndes County and city officials are awaiting breathlessly
the news from Atlanta today about new rules on LOST negotiations.
Currently, negotiators have to choose one of the positions submitted
by the contending parties. The GA Supreme Court may decide to let
negotiators pick some other division of LOST funds.
Valdosta Mayor John Gayle cancelled a meeting here yesterday
so he could be in Atlanta for this court decision.
Lowndes County Commissioners are

rumored to be planning a meeting tomorrow morning after the decision
.



Fox 31 posted 30 May 3012,

Supreme Court of Georgia to hear Turner County LOST case

On June 4th, the Georgia Supreme Court will hear the case between
Turner County and three cities over the distribution of Local Option
Sales Taxes. Below is the entirety of the facts in the case as
released by the court:

In this dispute between the governments of Turner County and three
cities over how Local Option Sales Tax (LOST) proceeds should be
distributed, the county is appealing a superior court ruling which
picked the cities’ plan for distribution over the county’s.

There’s much more detail in

that article
.

Also,
Tim Omarzu wrote for timesfreepress.com 9 May 2013,

Georgia top court to consider LOST negotiations
.

-jsq