Bill Text: GA HB1306 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Forest Park, City of; number of councilmember votes for calling a special meeting; change

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-03-29 - House Second Readers [HB1306 Detail]

Download: Georgia-2011-HB1306-Introduced.html

---

12 LC 21 1838

House Bill 1306

By: Representatives Waites of the 60th and Abdul-Salaam of the 74th

A BILL TO BE ENTITLED
AN ACT

To amend an Act incorporating the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, particularly by an Act approved March 25, 1997 (Ga. L. 1997, p. 3545), so as to change the number of councilmember votes for calling a special meeting, transacting business, overriding a veto, transacting emergency business, removing the city manager, removing a director, removing a member of a board, or removing an officer; to remove a certain provision relating to at-large voting; to provide for related matters, to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act incorporating the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, particularly by an Act approved March 25, 1997 (Ga. L. 1997, p. 3545), is amended by revising subsection (b) of Section 2.20 as follows:

"(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting."

SECTION 2.

Said Act is further amended by revising Section 2.23 as follows:

"SECTION 2.23.
Quorum; voting.

Three councilmembers, in addition to the presiding officer, shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. In any event, the affirmative vote of at least three councilmembers, including the vote of the presiding officer where necessary to break a tie vote, shall be required for the adoption of any ordinance, resolution, or motion."

SECTION 3.

Said Act is further amended by revising subsection (b) of Section 2.32 as follows:

"(b) Within seven days after the passage thereof the mayor may veto any resolution or ordinance of the council regardless of whether the mayor was present at the time of its enactment. The veto shall be in writing, setting forth the reason for the veto, and shall be delivered to the city clerk, who shall notify each councilmember at his or her home address by hand delivery or by registered mail. Such notice shall contain the reason for the veto. No later than the second council meeting after the mayor's veto the council may override the mayor's veto of any measure or act by a vote of four or more of its members to be taken by 'yeas' and 'nays' and entered upon the minutes of the council."

SECTION 4.

Said Act is further amended by revising Section 2.33 as follows:

"SECTION 2.33.
Emergencies.

To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but at least four affirmative votes shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances."

SECTION 5.

Said Act is further amended by revising Section 2.41 as follows:

"SECTION 2.41.
Removal of city manager.

The city manager shall serve under the supervision of the city council. The city council may remove or suspend the city manager, which suspension shall be effective immediately; automatic termination shall follow in ten days, unless the city manager requests a hearing before the council. Said hearing, at the city manager's request, may be either public or private, and shall be held within ten days of the date of the request. All actions to be taken under this section, by the council, shall be by the action of three affirmative votes."

SECTION 6.

Said Act is further amended by revising subsection (d) of Section 3.14 as follows:

"(d) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. The city manager may suspend or remove directors under his supervision, which suspension shall be effective immediately; automatic termination shall follow in ten days, unless the director appeals the manager's action as provided in this section. Written notice of such action and the reasons therefor, together with notice of the right of appeal, shall be provided to the director at the time of such action and to the city council. The director involved may appeal to the city council which, after a hearing, may override the city manager's action by three affirmative votes."

SECTION 7.

Said Act is further amended by revising subjection (g) of Section 3.15 as follows:

"(g) Any member of a board, commission, or authority may be removed from office for cause by three affirmative votes."

SECTION 8.

Said Act is further amended by revising subsection (d) of Section 4.11 as follows:

"(d) Judges may be removed for cause by a vote of three members of the city council."

SECTION 9.

Said Act is further amended by revising Section 5.12 as follows:

"SECTION 5.12.
Qualifications for council (residence in ward).

A person desiring to qualify for the office of mayor or councilmember shall specify in writing to the city clerk the office which he seeks, and, if qualifying for the office of council member, shall state whether for councilmember at large or for a designated ward. A council member who qualifies to represent a designated ward in the city shall at the time of qualifying and at all times while holding office reside in that ward."

SECTION 10.

Said Act is further amended by revising subsection (b) of Section 5.16 as follows:

"(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished as follows: by the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Clayton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court."

SECTION 11.

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