Editor Becky Watts: Phone # 770-468-7583 editor(@)pikecountytimes.com
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By Editor Becky Watts
ZEBULON - The Pike County Board of Commissioners came out of Executive Session at the March 12, 2025 meeting, and the two finalists for county manager were announced to the public. The finalists are Rob Morton, the current County Attorney/Interim County Manager, and Jeremy Gilbert, current Planning and Zoning Director.
During comments made after the announcement of the two candidates, the public was made aware of the possibility that Morton could be hired to fill two positions at once for Pike County. “So to be clear, Mr. Morton is applying to keep his county attorney position and also apply to be county manager,” Commissioner Ken Pullin said. “So, if he gets this job, he will occupy both positions at once in our county.”
This presents a unique situation as there was one county in the entire State of Georgia that had tried this form of government for some time but recently divided the legislative and judicial positions back into separate positions for the county administrator and county attorney.
If Pike County were to appoint Morton, Pike would be the only county in 159 counties in the state to have this combined position as a part of county government.
This situation requires a study of who each candidate is and what jobs they are currently a part of, what is written in county ordinances and state law, requirements in the past county manager contract, and how this experiment of combined positions worked in Gordon County, Georgia until the vote was taken a little over a week ago to divide these jobs back into two separate positions rather than leaving them combined.
Applicant Jeremy Gilbert
Jeremy Gibert sent a December 30, 2024 letter to the Pike County Board of Commissioners expressing interest in being the county manager. He cited “nearly two decades of comprehensive experience in planning, development, and management within county government” as well as his current role as the Director of Planning and Development as two reasons that he should be considered. “…I am excited about the opportunity to bring my expertise in quality growth practices, finance, and community planning to Pike County,” he wrote.
As the Director of Planning and Zoning, he wrote, he leads the Building, Planning and Zoning, Business License, and Code Enforcement offices for Pike County overseeing four professional team members and a substantial department budget. Responsibilities include rewriting zoning codes, writing detailed staff reports for zoning cases, and working to ensure compliance with Pike County’s Comprehensive Plan.
He cited this hands on experience of day to day operations and human resource management as well as his academic pursuit of a Bachelor of Science in Public Administration as a demonstration of his commitment to “enhancing my knowledge of government operations and best practices.”
Gilbert has served as the Director of Planning and Development since June of 2021. He began the job position at a starting salary of $59,000 and is currently earning a salary of $90,610. He wrote “Looking for Advancement” as his reason for leaving this position if he is chosen as county manager. He included the job experience listed above as well as experiences like completely rewriting Pike County’s zoning codes last year and assisting the past county manager with various projects and providing “help in certain areas when needed.”
His resume lists Owner, Consultant from 2014 to present and states that he has completed three Comprehensive Plan Updates for a local city and worked on a rewrite of an ordinance for a city from 2014 to present.
He was a Plan Review Specialist at the Henry County Building Department from January of 2015 to June of 2021. He reviewed all residential and commercial development plans for compliance to zoning and erosion control. He also performed site visits and pre-construction meetings for development projects, processed all final plats and lot divisions for the county, and created new streetlight districts for residential subdivisions.
He was a Planner for Henry County Planning and Zoning from April of 2006 through January of 2015. He provided planning functions for zoning cases, ULDC updates, zoning letters, sign permits, GIS mapping, Comprehensive Plan updates, and any other assignments related to planning.
From April of 2005 through April of 2006, Gilbert was the Database Specialist for Henry County Stormwater. In this position, he developed the databases for the stormwater department when it was first begun. He also performed field inspections of stormwater infrastructures when needed.
From August of 2000 through April of 2005, he was a Construction Superintendent at S&E Construction. He spent four years building and remodeling commercial buildings prior to beginning his career in government.
From May of 1995 through August of 2000, he worked retail management at Eckerd Pharmacy/CVS Pharmacy after graduating from Stockbridge High School as he advanced from assistant manager to store manager where he ran the day to day operations of the retail store.
Activities include being involved in ministry for the past 20 plus years, serving at his local church including as a worship leader, and loves to do community outreach with his church.
He is a GSWCC Level II Plan Reviewer – Soil Erosion Georgia and is currently eligible to take the AICP exam to become a certified planner.
Gilbert has a 4.0 GPA and is a member of the National Honors Society in his second year of his Bachelors of Science in Public Administration.
Applicant Rob Morton
Rob Morton filled out his application for county manager on January 30, 2025. He was appointed Interim County Manager while serving as County Attorney when the past county manager resigned on August 9, 2024. He has served as the interim several times for short periods until a county manager could be hired.
Morton has been with Morton, Morton, and Associates since 1991. His salary is $70,590. He is the managing and lead attorney.
From 1986 through 1989, he worked as a law clerk for Iverson, Yoakum, Papiano & Hatch in Los Angeles. He assisted attorneys with legal research, writing, organization, and meeting with clients. His reason for leaving was that he moved to Georgia.
From 1982 through 1986, he worked in sales and assisted with management duties at with Boots and Accessories at various locations in South Georgia while he was in college. When he graduated college, he went to law school.
Morton has many specialized trainings. He graduated from Claremont McKenna College and Loyola/Atlanta. He has a philosophy and literature dual BA degree and law degree.
In connection with serving local governments, he has attended numerous trainings and seminars including the annual city/county attorney institute related to all aspects of county government including but not limited to zoning, finance, open records and meetings, law enforcement, taxing, telecommunications, utilities, developmental regulations and fees, and many others including personnel and labor law.
Activities include church and choir/praise team, personnel committee, small group leader, recovery, treasurer, and many other “trusted servant positions.”
Morton added that he has “significant experience as a result of serving Pike County since 2003 including several stints as interim county manager.”
He states that he is available for work immediately subject to a “transition agreement.” Pike County Times has no information on what that transition agreement would look like concerning the various job positions.
Morton is currently serving as the attorney for the cities of Meansville, Williamson, and Zebulon as well as legal counsel for more than one board and authority in Pike County and judge for more than one city -- not located in Pike County.
County Ordinances
According to § 31.01 of Pike County’s Code of Ordinances, the primary role of the county attorney is “to provide legal advice to and to represent Pike County.” This includes advising the Board of Commissioners, the Sheriff, the Tax Commissioners, the Clerk of Superior Court, the Probate Court Judge, and the officials and employees of Pike County as well as advising these county officers and employees of their powers and duties by state law, preparing ordinances and legal documents, reviewing contracts, and representing the county and these listed officers in legal proceedings.
The county “is committed to ensuring that each and every County official receives proper and adequate legal representation when appropriate from the County Attorney for actions taken pursuant to their public duties.” This includes the county providing independent legal representation for a county officer or employee when there is a legal conflict of interest with the representation of the county attorney.
This resolution was passed on January 11, 1995 and can be read in full by clicking here.
According to § 30.03 of Pike County’s Code of Ordinances, the county manager is the chief administrative officer of the administrative branch of government and is responsible for “the efficient administration of all county departments.”
The county manager is responsible for ensuring that all laws, county codes, and ordinances are enforced, appointing and removing department heads with the approval of the board of commissioners, controlling all departments including supervising, appointing, and removing subordinate officers and employees (with the exception of those under the control of elected officials), attending county commission meetings and recommending adoption of items as needed, preparing an annual budget, keeping the commissioners up to date on finances and financial needs in the county, supervising contracts for work done for the county, making purchases for the county, and performing any other duties given by the board of commissioners.
Pike County is required to appoint an interim county manager as quickly as possible if and when that position becomes vacant. No more than four weeks can pass without an interim being appointed. The Commission is supposed to advertise for the permanent county manager at the first opportunity after the vacancy of this office, though precedent has been set in a previous hiring to wait until the incoming newly elected commissioner could be a part of the discussion and vote which is what happened here.
Local legislation was passed on March 27, 1998 and amended on March 2, 2004 and can be read in full by clicking here.
State Law and Conflict of Interest
Pike County Times could not find anything in state law that would prevent anyone from serving as county attorney and county manager since neither the county attorney nor the county manager is a commissioned officer per state definition.
GA Code § 45-2-2 (2024) says: “No person shall hold, in any manner whatever, or be commissioned to hold more than one county office at one time, except by special enactment of the General Assembly; nor shall any commissioned officer be deputy for any other commissioned officer, except by such special enactment.” law.justia.com/codes/georgia/title-45/chapter-2/article-1/section-45-2-2/
The Georgia Constitution clarifies which positions are considered to be “county officers” in Article IX, Section I, Paragraph III (a). This includes “(a) The clerk of the superior court, judge of the probate court, sheriff, tax receiver, tax collector, and tax commissioner, where such office has replaced the tax receiver and tax collector, shall be elected by the qualified voters of their respective counties for terms of four years and shall have such qualifications, powers, and duties as provided by general law.” law.justia.com/constitution/georgia/conart9.html
An unofficial opinion from former Attorney General Thurbert Baker on July 9, 1998 addressed some of this concern with a response to a question as to whether a city council or county commission member can provide dual service as a volunteer fire fighter.
The opinion reiterates what the Georgia Constitution says with the definition of a “county officer” as an elected official and states that “…cities and counties confronted with this situation must determine for themselves, based on the unique circumstances presented by dual service in their particular jurisdiction, whether a common law conflict of interest exists.” law.georgia.gov/opinions/98-8-0
County Attorney Contract
The annual contract for legal services for Pike County is dated April 10, 2019 and set for an agreement for the 2019-2020 year that has been renewed each year since that date.
It begins by stating that Morton, Morton & Associates LLC has provided legal representation for Pike County since August 21, 2003. The contract is for the amount of $7,708.34 per month which comes to $92,500 as annual flat fee plus the actual costs incurred in legal representation such as travel (including lodging and meals related to continuing education) and continuing education fees, communication fees including phone and conference calling, fax, copy, and wiring fees, legal research resources, and investigation related expenses.
The terms of this agreement are annual and shall automatically renew each year unless either party gives the other party a 90 day written notice of non-renewal or termination prior to the end of the annual term on June 30 of each year.
Included in this fee is providing legal advice or preparation of legal opinions to the county including all constituent/component parts such related to Constitutional Officers in county matters, attending regular or called meetings of the Board of Commissioners and other meetings related but not limited to Planning and Zoning, the Board of Appeals, and the Board of Assessors except where there is a conflict in schedule, illness or emergency, reviewing and/or assisting with preparation and review of county ordinances, resolutions, policies, regulations, contracts, intergovernmental agreements, mutual aid or automatic aid agreements or other documents, conducting investigations and legal reseach, representing the county and its constituents in "non-complex litigation matters" including but limited to prosecuting county ordinance violations in Pike Magistrate Court, and performing "all other duties deemed necessary by the County."
The contract clarifies that Morton, Morton & Associates represent the Board of Commissioners but will also work with and represent constituents in the county including elected officials and their employees unless there is a conflict of interest between the Board of Commissioners and any of these components. If that situation arises, the Board of Commissioners is who this firm will represent. In the case of conflict, outside counsel will be hired and the county will pay that cost. [Note from the Editor: It doesn't happen often, but it has happened over the past 25 years that I have been attending meetings.]
Excluded services include bond matters and complex litigation matters in which this firm may employ outside services and counsel to be paid for by the county subject to the approval of the county.
Section 6 outlines potential conflicts of interest pertaining to simultaneous representation of local governments which "may have competing economic enterprises." The contract notes that there have been many matters of mutual interest involving the county and other local governments since 2003 including "mutual aid and automatic aid agreements, consolidation of fire services, hazard mitigation plans, disaster plans, joint-comprehensive plans and many other matters," but "there has never been any issues of actual conflict(s) involving the Attorneys, nor has there been any issue that has arisen pertaining to the Attorneys that presented a significant risk of material and adverse effect to the County."
Here is a link to the current county attorney contract: pikecountytimes.com/secondary/MortonExecutedContract2019.2020.pdf .
County Manager Contract
The past county manager’s agreement became effective on August 12, 2020 and went through 2022 with a term that stated that he would remain in the “exclusive employ of Employer (Pike County Board of Commissioners) … and shall not accept any other employment during the term of this Agreement…” [Note from the Editor: An exception was made for Brandon Rogers' continued military employment, and his employment was month to month after the expiration of this contract through his resignation in 2024.]
Duties assigned included performing functions and duties specified in county code, interlocutory order [Note from the Editor: This ensures the county will adhere to the county manager form of government regulations and state open meetings regulations -- because the county was sued and lost more than once in the past.], and to “perform any other legally permissible duties and functions as Employer from time to time may assign Employee.” The duties “shall include reporting directly” to the Pike County Board of Commissioners.
Hours of work are not pre-established, but it says instead that the county manager “is expected to engage in those hours of work that are necessary to fulfill the duties of county manager” and “…he is expected to be available at all times that are necessary, particularly as may be required in times of emergency.”
Section 16 which states that teaching, counseling, or other outside activities are not considered employment, but stated that the employee “shall not spend more than ten (10) hours per week in teaching, counseling, or other outside activities without the prior approval of Employer.”
Here is a link to the past county manager’s contract: pikecountytimes.com/secondary/brandonrogerscontract2020.pdf .
Gordon County’s Combined positions
Since November of 2017, the Gordon County Board of Commissioners has had a combined position of county administrator and county attorney. They were the only county in the 159 counties in the state of Georgia to operate like this. Calhoun Times Managing Editor Blake Silvers reported on that the decision was made to separate the administrator and attorney positions in the March 5, 2025 commission meeting.
According to the article, Ledbetter cited “rapid population, retail and industrial growth” from the past five (5) years as part of the reason for this change because “the legal half of its governmental duties has become too complex and time-consuming for one person to handle full time.”
While Pike County has a little over 21,000 residents compared to the 60,000 in Gordon County, it is worth looking into what worked for them for a time and why they chose to go back to two positions.
The administrator was paid $212,138 annually for both duties. The amount that the county paid for outside counsel during this time was $93,000.
Click here to read "Gordon Hires Firm as County Attorney, Ledbetter to be Administrator Only” by Blake Silvers from the CalhounTimes.com.
The meeting can be viewed on the county’s Vimeo channel at vimeo.com/1062579905. The discussion of separating these two positions begins around the 23 minute mark.
Closing
The Pike County Board of Commissioners is considering between finalists Rob Morton, the current County Attorney/Interim County Manager, and Jeremy Gilbert, current Planning and Zoning Director for the county manager position.
If Morton is chosen, the Pike County Board of Commissioners will be choosing whether to allow him to serve as both the county manager and the county attorney for Pike County. If Gilbert is chosen, he will step down as the Planning and Zoning Director.
Which candidate would bring the most to table for Pike Commissioners? Will current employment matter when a county manager is chosen? What will be considered a conflict of interest? And will Pike County be the only county in the state to have a combined attorney/county manager?
If Morton is chosen, will he still be allowed to practice law on outside cases, be a judge in neighboring cities, and represent current cities within Pike County as their legal counsel? What does the transition agreement look like that was mentioned in his application for employment? And who would write Morton's contract if he is chosen by commissioners to represent the county as both the county attorney and the county manager?
The Pike County Board of Commissioners will make a decision at a called meeting 14 days after the March 12, 2025 announcement of the finalists.
Click here to read the February 27, 2025 article entitled "BREAKING NEWS: Commissioners Begin Process for Finding a New County Manager."
Click here to read the March 12, 2025 article entitled "BREAKING NEWS: Finalists for County Manager Announced."
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