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.