Bill Text: GA HB1507 | 2009-2010 | Regular Session | Introduced

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Bill Title: Clarkston, City of; election and powers of the mayor; provide

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-05-28 - Effective Date [HB1507 Detail]

Download: Georgia-2009-HB1507-Introduced.html

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10 LC 21 0769/AP

House Bill 1507 (AS PASSED HOUSE AND SENATE)

By: Representatives Drenner of the 86th and Henson of the 87th

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to provide for certain powers of the mayor; to provide for the election and terms of the mayor and councilmembers; to provide for the appointment of a city manager, qualifications, compensation, removal, vacancy, powers, and council interference; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, is amended by revising Section 2.03 as follows:

"SECTION 2.03.
Mayor as presiding officer.

The mayor shall preside at meetings of the council, shall have a vote in case of a tie in any vote of the city council, and shall have veto power; the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the councilmembers may pass the ordinance, order, or resolution, notwithstanding the veto, by a vote of two-thirds of the councilmembers, to be taken by ayes and nays, and entered upon the minutes; shall be the ceremonial head of the city, shall sign ordinances and resolutions on their final passage; shall sign deeds, bonds, and contracts when authorized by the council to do so; shall be the officer to accept process against the city, and shall perform other duties imposed by this Act and by ordinances not inconsistent with this Act."

SECTION 2.

Said Act is further amended by revising Section 2.01 as follows:

"SECTION 2.01.
Election of Mayor and Councilmembers.

The person serving as mayor and the councilmembers serving on the effective date of this section shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. On the Tuesday next following the first Monday in 2011, and quadrennially thereafter, there shall be an election to elect the successors to the three councilmembers whose terms expire at the end of that year. On the Tuesday next following the first Monday in 2013, and quadrennially thereafter, there shall be an election to elect the mayor and the successors to the three councilmembers whose terms expire at the end of that year. The candidate for mayor receiving a majority of votes cast shall be elected mayor. The candidates for councilmembers receiving the greatest, second greatest, and third greatest number of votes cast for councilmembers shall be elected. Elections shall be conducted in accordance with Chapter 2 of Title 21, the Georgia Election Code."

SECTION 3.

Said Act is further amended by repealing in its entirety Section 2.09.

SECTION 4.

Said Act is further amended by revising Section 3.02 as follows:

"SECTION 3.02.
City manager; appointment; qualifications; compensation;
removal; vacancy, powers' council interference.

(a) The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications.

(b) The city manager is employed and terminable pursuant to the terms of a written employment contract to be entered into between the city and the city manager.

(c) The mayor shall exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability.

(d) 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 the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:

(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager 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) Direct and supervise the administration of all departments, offices, and agencies of the city, except for the chief of police and the police department and as otherwise provided by this charter or by law;

(3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion, but the city manager may not vote;

(4) 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) Prepare and submit the annual operating budget and capital budget to the city council;

(6) Submit to the city council 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;

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

(8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and

(9) Perform other such duties as are specified in this charter or as may be required by the city council.

(e) Except for the purpose of inquiries and investigations, the mayor and members of the city council shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately."

SECTION 5.

The governing authority of the City of Clarkston shall cause, through its legal counsel, this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, within 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

SECTION 6.

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