Bill Text: GA SB189 | 2011-2012 | Regular Session | Engrossed

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Bill Title: Stockbridge, City of; form of government; change provisions

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2011-04-14 - Senate Disagrees House Amend/Sub [SB189 Detail]

Download: Georgia-2011-SB189-Engrossed.html

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11 LC 21 2037

Senate Bill 189

By: Senators Jones of the 10th and Davenport of the 44th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend an Act providing a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change provisions relating to the form of government of the City of Stockbridge, Georgia; to revise, restate, and modernize certain provisions of said Act; to revise certain provisions related to the powers and duties of the mayor; to revise certain provisions related to vetoes; to provide for the office of city administrator and establish powers and duties of said position; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act providing a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, is amended by striking Sections 3.21, 3.22, 3.23 and inserting in lieu thereof new Sections 3.21, 3.22, 3.23 and by adding a new Section 4.16 to read as follows:

"SECTION 3.21.
Chief executive officer; delegation of powers.

The mayor shall be the chief executive of this city, a member of and the presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs as expressly provided by the Constitution and laws of the State of Georgia and in this charter. The mayor shall have the authority to delegate any one or more executive powers to the mayor pro tempore or city administrator.

SECTION 3.22.
Powers and duties of mayor.

As the chief executive of this city, the mayor shall have the following powers and duties:

(1) See that all laws and ordinances of the city are faithfully executed;

(2) Preside at all meetings of city council;

(3) Be the head of the city to accept service of process on behalf of the city;

(4) Represent the city for ceremonial purposes;

(5) Appoint members of committees formed by the city council as well as the chairpersons and officers of said committees;

(6) Exercise supervision over the city administrator and in the event of a disagreement about the scope of the mayor's power provided in this section, the city administrator shall act in conformance with the instructions of the mayor and the matter shall be expeditiously brought before the council for a final determination;

(7) Require the city administrator to submit written reports on a quarterly basis not to exceed four per year unless otherwise authorized by the council;

(8) Require the city administrator to meet with the mayor at a time and place designated for consultation and advice upon the affairs of the city;

(9) Except as otherwise provided by this charter or general law, make recommendations to the council regarding the appointment of department heads by nominating at least two qualified candidates for any open department head position. In the event the council rejects all recommendations, the mayor shall interview and shall make additional recommendations to the council until the position is filled. So that the responsibilities of the position will be carried out and the business of the city continue uninterrupted, the mayor may nominate and the council may appoint a person to serve as an interim department head for a period of up to 60 days;

(10) With the assistance of the city administrator, prepare and submit to the council a recommended annual operating budget and recommended capital budget which may be adopted only by ordinance and in accordance with state law;

(11) Submit to the council at least every quarter a statement coveting the financial conditions of the city;

(12) Call special meetings of the city council as provided for in Section 3.13 of this charter;

(13) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote;

(14) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient;

(15) Approve or disapprove ordinances and resolutions as provided in Section 3.23 of this charter;

(16) Sign as a matter of course all written contracts, ordinances, resolutions, proclamations, and other instruments executed by the city which by law are required to be in writing; and

(17) Perform such other duties as may be required by general state law and by ordinance or resolution of the city council which are not in conflict with general state law or this charter.

SECTION 3.23.
Submission of ordinances and resolutions to the mayor; veto power.

(a) Presentment after adoption. Every ordinance and resolution adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. Except as provided in subsection (b) of this section, all powers, duties, and actions applicable to ordinances under this section are also applicable to any action or resolution of the city council to acquire real property on behalf of the city.

(b) Ordinances generally. Within ten days after the adoption of an ordinance, the mayor shall return the ordinance to the city clerk with or without his or her approval and signature or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk or in accordance with the effective date specified in the ordinance. If the ordinance is returned to the clerk neither approved nor disapproved or is not returned to the clerk at all within ten days after adoption it shall become law on the eleventh day after its adoption by the city council. If the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto at the same time that the ordinance is returned to the clerk. The failure to provide a written statement of the reasons for the veto will not invalidate the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.

(c) Resolutions regarding acquisition of property. As a narrow exception to the general proposition that resolutions are not subject to mayoral veto, resolutions regarding acquisition of property shall be subject to the following procedure: within ten days after the adoption of a resolution regarding the acquisition of property, the mayor shall return the resolution to the city clerk with or without his or her approval and signature or with his or her disapproval. If the resolution has been approved by the mayor, it shall become law upon its return to the city clerk or in accordance with the effective date specified in the resolution. If the resolution is returned to the clerk neither approved nor disapproved or is not returned to the clerk at all within ten days after adoption it shall become law on the eleventh day after its adoption by the city council. If the resolution is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto at the same time that the resolution is returned to the clerk. The city clerk shall record upon the resolution the date of its delivery to and receipt from the mayor.

(d) Override of veto: generally. Ordinances and resolutions vetoed by the mayor shall be presented by the city clerk to the city council at its next regular meeting along with the mayor's written basis for said veto within the time set forth above and, except as otherwise provided in this section, should the city council override the veto of the ordinance with four or more councilmembers voting in favor thereof, it shall become law. The mayor shall not be counted as or considered a member of the city council for the purpose of any veto override vote. No subsequent veto shall be permitted.

(e) Override of veto: ordinances and resolutions regarding acquisition of property. Any ordinance or resolution regarding the acquisition of real property shall require the affirmative vote of all five councilmembers to override the mayor's veto. The mayor shall not be counted as or considered a member of the city council for the purpose of any veto override vote. No subsequent veto shall be permitted.

(f) Items of appropriation. The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council voting with at least four members of the council voting in favor to override. The mayor shall not be counted as or considered a member of the city council for the purpose of any veto override vote.

(g) Required presence of councilmembers. In the event the minimum number of councilmembers necessary to override a veto are not present as required above, the matter shall continue to be noticed and shall be voted upon at the next general meeting where a minimum number of councilmembers are present."

"SECTION 4.16.
City administrator.

(a) Within 60 days of a vacancy in the position of city administrator, the mayor shall recommend to the council at least two qualified candidates for the position of city administrator. In the event the council rejects the mayor's recommended candidates, the mayor shall have an additional 15 days to interview qualified candidates and make additional recommendations to the council. The council may accept or reject the mayor's additional recommended candidates.

(b) The council shall employ a city administrator pursuant to a written contract and shall fix the city administrator's compensation therein. Said administrator shall serve at the pleasure of the mayor and city council. The city administrator shall be employed without regard to political beliefs and solely on the basis of said individual's executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed.

(c) Powers and duties of city administrator. The city administrator shall be the chief administrative officer of the city. The administrator must devote all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the administration of all city affairs placed in the administrator's charge by or under this charter. As the chief administrative officer, the administrator shall have the following powers and duties:

(1) Assist the mayor as needed with preparation of the annual operating budget and capital budget to be presented to the city council;

(2) Act as a liaison between the mayor and city council and the public by responding to inquiries and resolving conflicts;

(3) Represent the mayor and city council at various meetings and social functions as directed;

(4) Develop materials for meetings of the city council; attend all council meetings, unless excused there from; attend committee meetings when requested; make recommendations to the city council as needed; and implement decisions made by the council. The city administrator shall be given notice of all regular and special meetings of the council;

(5) Administer policies and programs as approved by the city council by directing departments in the procedures necessary for implementation;

(6) Supervise the purchase of all materials, supplies, and equipment after soliciting bids from qualified contractors, which are necessary for the operation and maintenance of the city services, for amounts up to and including $10,000.00 for which funds are provided in the budget; receive written bids from at least three qualified contractors for purchases or contracts in excess of $10,000.00; and present all bids to the mayor and council;

(7) Keep the council advised of the financial and administrative affairs affecting the city; prepare progress reports; submit to the city council and the mayor and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; and make such recommendations as may be deemed desirable;

(8) Develop short-term and long-term plans for city operations and act as city's principal liaison on economic development activities;

(9) Recommend to the governing body from time to time adoption of such measures as may be deemed necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services;

(10) Investigate the affairs of the city or any department or division thereof; investigate all complaints in relation to matters concerning the administration of the government of the city and with regard to services maintained by the public utilities in the city; and see that all franchises, permits, and privileges granted by the city are faithfully observed;

(11) Provide reports and information to the media as requested and upon approval of the mayor;

(12) Supervise all department heads and city employees;

(13) Execute documents on behalf of the mayor where so authorized in a written document describing the authority granted and executed by the mayor;

(14) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment and employment are those officers and employees who, by this charter, are appointed or elected by the mayor or city council;

(15) Direct and supervise all department heads and city employees and the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;

(16) Make recommendations to the mayor and city council regarding qualified candidates to fill open positions within the city;

(17) Exercise supervision and control of all departments and all divisions created in this charter or that hereafter may be created by the council except as otherwise provided in this charter or general law;

(18) Suspend with or without pay for up to 30 days in accordance with the city's personnel policy and general law, where applicable, any city employee serving under the supervision of the city administrator;

(19) Remove employees below the level of a department head in accordance with the city's personnel policy and general law, without the consent of the city council and without assigning any reason therefor;

(20) Recommend the suspension, termination, or other reprimand of a department head nominated by the mayor and appointed by the city council, which the city administrator must present to the mayor within two business days thereof in writing; and, absent a written objection from the mayor within five calendar days of the notice of same to the mayor from the city administrator, said personnel action shall be imposed;

(21) Make such other reports as the mayor or city council may require concerning the operations of city departments, offices, and agencies subject to the administrator's direction and supervision; and

(22) Perform other such duties as may be required by the mayor and council which are specified in this charter or as may be required by the city council and which are not inconsistent with the city charter, laws, ordinances, or resolutions.

(d) Council interference with administration. Except for the purpose of inquiries and investigations made pursuant to this charter, the mayor, city council, and individual members of city council shall deal with city employees who are subject to the direction and supervision of the city administrator solely through the city administrator. Neither the mayor nor any individual councilmember shall give orders to any such employee, either publicly or privately. In the event of an emergency arising at the time of the death, incapacity, or unavailability of the city administrator, the following persons in this order of succession may direct city employees, may authorize expenditures, execute expenditure documents, and execute checks and may perform necessary functions and exercise necessary powers: mayor and then mayor pro tempore. For purposes of this subsection, 'unavailability' in general means that it is not possible for city employees responding to the emergency to contact and receive a response from the city administrator or enumerated successor by telephone or electronic means for a consecutive period of four hours or greater, or that the city administrator or enumerated successor is incapable of responding for a consecutive period of four hours or greater. Additionally, if an emergency occurs which needs immediate attention and the mayor has attempted to contact the city administrator by telephone and electronic means but has been unsuccessful in establishing contact and thereafter the mayor consults with the department head in charge of the department which the mayor believes is most appropriate to respond to the emergency, then, based on the succession rules stated above, the mayor may exercise the aforementioned duties necessary to respond to such emergency until the city administrator becomes available and able to perform the duties required for such emergency."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.