12 LC
34 3366/AP
House
Bill 1187 (AS PASSED HOUSE AND SENATE)
By:
Representatives Braddock of the
19th
and Maxwell of the
17th
A
BILL TO BE ENTITLED
AN ACT
To
amend an Act creating a new charter for the City of Hiram, approved February 27,
1956 (Ga. L. 1956, p. 2620), as amended, so as to create the position of city
manager and define the powers and duties of said position; to provide for
related matters; to provide for an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating a new charter for the City of Hiram, approved February 27, 1956
(Ga. L. 1956, p. 2620), as amended, is amended by revising Section 6, relating
to the form of city government, elections, and terms, to read as
follows:
"Section
6. (a) The legislative authority of the government of the City of Hiram,
Georgia, except as otherwise specifically provided in this charter, shall be
vested in a city council to be composed of a mayor and five councilmembers. The
mayor and councilmembers shall be elected in a manner as provided under state
law. The mayor and councilmembers shall be elected at large from council posts
designated as Post 1, Post 2, Post 3, Post 4, and Post 5. The mayor shall be
considered a councilmember for all purposes, except as his or her powers are
restricted elsewhere in this charter. All references in city ordinances to the
'mayor and council' shall be construed to mean the 'city council' as referred to
in this charter.
(b)
There shall be a municipal general election biennially in odd-numbered years on
the Tuesday next following the first Monday in November.
(c)
There shall be elected the mayor and two councilmembers at one election and at
every other election thereafter which shall be held according to the sequence
presently in place in the City of Hiram, Georgia. The remaining councilmember
seats shall be filled at the election alternating with the first election so
that a continuing body is created.
(d)
The members of the city council shall serve for terms of four years and until
their respective successors are elected and qualified. The term of office of
each member of the city council shall begin on the first day of January
immediately following the election of such member unless general law authorizes
or requires the term to begin at the first organizational meeting in January or
upon some other date."
SECTION
2.
Said
Act is further amended by revising Section 8, relating to vacancies, to read as
follows:
"Section
8. In the event the office of the mayor shall become vacant by death,
resignation, removal, or otherwise, said vacancy shall be filled by an election
ordered by the council to take place, be held, and conducted according to laws
of the State of Georgia from the time such vacancy occurs. The clerk of said
city shall cause notice of the holding of said election, and the time and place
thereof, to be published once a week for two weeks prior to said election in the
newspaper in which sheriff's advertisements for Paulding County, Georgia, are
published; provided, however, that in the event such vacancy occurs within six
months preceding the expiration of term of office of said mayor, then in that
event, the said vacancy shall be filled by the mayor pro tem, or by any
councilmember elected by the council for that purpose; and provided, further,
that in the event such vacancy should occur within three months prior to a
regular annual election to be held as required by the laws of the State of
Georgia, then, in that event no special election shall be called or held, and
the vacancy will be filled by the mayor pro tem, or by any councilmember elected
by the council for that purpose, who shall serve until such regular annual
election, and the vacancy shall be filled by election of a mayor for the
remainder of the unexpired term. In the event the office of one or more of the
councilmembers shall become vacant by death, resignation, removal, or otherwise,
said vacancy shall be filled by the mayor and council by the election of any
citizen of said city eligible to hold such office, who shall serve until the
next annual election when a councilmember shall be elected to fill the remainder
of the unexpired terms."
SECTION
3.
Said
Act is further amended by revising Section 13, relating to the installation of
the mayor and councilmembers and the oath of office, to read as
follows:
"Section
13. (a) The mayor and councilmembers shall be installed in office by taking
and subscribing the following oath: 'I do solemnly swear that I will faithfully
discharge the duties devolved upon me as mayor and councilmember (as the case
may be) of the City of Hiram, Georgia; that I will faithfully execute and
enforce the laws of said city to the best of my ability, skill, and knowledge;
and that I will do all in my power to promote the general welfare of the
inhabitants of said city and common interest thereof.'
(b)
The mayor and councilmembers shall also take all other oaths as required by the
laws of the State of Georgia.
(c)
All oaths of office or other oaths required to be taken by the mayor or
councilmembers shall be administered by the mayor or city attorney or the clerk,
or the municipal judge or judges of the City of Hiram, Georgia or the judge of
the Probate Court of Paulding County, Georgia, or any other person allowed by
the laws of the State of Georgia to administer such oaths."
SECTION
4.
Said
Act is further amended by revising Section 14, relating to powers and duties of
the mayor, to read as follows:
"Section
14. The mayor shall be the chief elected officer of the city and as such shall
have the following powers and duties:
(1)
To preside at all meetings of the city council and be recognized as the official
head and spokesperson of the city for service of process and ceremonial
purposes;
(2)
To vote on matters before the city council only in case of a tie;
(3)
To sign timely, for and on behalf of the city, all contracts, ordinances,
instruments, and other documents authorized by the city council and which are
required to be in writing, unless otherwise directed or authorized by the city
council;
(4)
To administer oaths and to take affidavits; and
(5)
To fulfill such other duties as authorized by the city council."
SECTION
5.
Said
Act is further amended by revising Section 15, relating to further powers and
duties of the mayor, to read as follows:
"Section
15. (a) City manager;
general powers. The city council shall,
by majority vote of its members, appoint a city manager for an indefinite term
and shall set his or her compensation in an employment contract. The city
manager shall be appointed solely on the basis of that person's executive and
administrative qualifications, including relevant experience.
(b)
Powers and
duties. The city manager shall be the
chief executive and administrative officer of the city. The city manager shall
be responsible to the city council for the administration of all city affairs
placed in his or her charge by or under this charter. The city manager shall
have the following powers and duties:
(1)
With the approval of the city council, to appoint and, when he or she deems it
necessary for the good of the city, suspend or remove all city employees and
administrative officers he or she appoints, except as otherwise provided by law
or personnel ordinances adopted pursuant to this charter. The city manager may
authorize any administrative officer who is subject to the city manager's
direction and supervision to exercise these powers with respect to subordinates
in that officer's department, office, or agency;
(2)
To direct and supervise the administration of all departments, offices, and
agencies of the city, except as otherwise provided by this charter or by
law;
(3)
To attend all city council meetings and have the right to take part in
discussion, but the city manager may not vote;
(4)
To see that all laws, provisions of this charter, and acts of the city council,
subject to enforcement by the city manager or by officers subject to the city
manager's direction and supervision, are faithfully executed;
(5)
To prepare and submit the annual operating budget and capital budget to the city
council. Once approved for the following fiscal year, any increase in the
appropriations for these budgets, whether accomplished through a change in
anticipated revenues or through a transfer of appropriations among departments,
shall require the approval of the city council. Such amendment shall be adopted
by ordinance or resolution;
(6)
To submit to the city council a quarterly summary of the finances and
administrative activities of the city, and to make available to the council and
public a complete report on the finances and administrative activities of the
city as of the end of each fiscal year;
(7)
To prescribe, require, publish, and implement standards of administrative
management and operating procedures to be followed and adhered to by all
offices, departments, boards, commissions, authorities, and other agencies of
the city which are subject to the city manager's supervision;
(8)
To act as the purchasing agent of the city;
(9)
To make such other studies, reports, and investigations as the city council may
require concerning the operations of city departments, offices, and agencies
subject to the city manager's direction and supervision;
(10)
To keep the city council fully advised as to the future needs of the city, and
make such recommendations to the city council concerning the affairs of the city
as he or she deems desirable; and
(11)
To perform other such duties as are specified in this charter or as may be
required by the city council.
(c)
Budget authority and
special funds. The city manager shall
have full authority to execute the city's annual operating budget and capital
budget. Establishment of all special funds and authorization of expenditures
from the special funds shall require approval of the city council. The city
council shall also approve any operating or capital budget amendments requiring
use of funds from the contingency special fund.
(d)
Council's
noninterference with administration.
Except for the purpose of inquiries and investigations, the mayor and city
councilmembers shall not give orders or directions to any city employees who are
subject to the direction and supervision of the city manager, either publicly or
privately, directly or indirectly.
(e)
Removal of city
manager. The city council may remove the
city manager from office in accordance with the following
procedures:
(1)
The city council may remove or suspend the city manager from duty, with or
without cause, through the adoption of a preliminary resolution with the
affirmative vote of a majority of its members. A copy of the resolution shall
be delivered promptly to the city manager;
(2)
Within five days after a copy of the resolution is delivered to the city
manager, he or she may file with the city council a written request for a public
hearing. This hearing shall be held within 30 days after the request is filed.
The city manager may file with the city council a written reply not later than
five days before the hearing; and
(3)
If the city manager has not requested a public hearing within the time specified
in paragraph (2) of this subsection, the city council may adopt a final
resolution for removal, which may be made effective immediately, by an
affirmative vote of a majority of all its members. If the city manager has
requested a public hearing, the city council may adopt a final resolution for
removal, which may be made effective immediately, by an affirmative vote of a
majority of all its members at any time after the public hearing.
The
city manager shall continue to receive his or her salary until the effective
date of a final resolution of removal.
(f)
Acting city
manager. By letter filed with the city
clerk, the city manager shall designate a qualified city administrative officer
to exercise the powers and perform the duties of city manager during his or her
temporary absence or disability. During such absence or disability, the city
council may revoke such designation at any time and appoint another officer of
the city to serve until the city manger shall return or his or her disability
shall cease.
(g)
Upon removal, vacancy, or prior to the time the city council appoints a city
manager to this office, the city council shall appoint a temporary city manager
by majority vote of its members."
SECTION
6.
Said
Act is further amended by revising Section 16, relating to meetings of the city
council, to read as follows:
"Section
16. The mayor and council of said city shall have full power to fix the time,
place, and rules of procedure of their regular sessions. The mayor and any
councilmember shall have power to convene the council in special session
whenever he or she deems proper. The mayor and council shall have full and
ample power to do and perform any of their duties or powers at a special or
called session as at a regular session."
SECTION
7.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.