11 LC
25 5768/AP
House
Bill 244 (AS PASSED HOUSE AND SENATE)
By:
Representative Greene of the
149th
A
BILL TO BE ENTITLED
AN ACT
To
amend an Act reincorporating the City of Arlington in the County of Calhoun and
Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as
amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), so
as to provide for duties of the mayor; to provide for administrative departments
and officers thereof; to provide for appointment, qualifications, and
compensation of a city manager; to provide for powers and duties of the city
manager; to prohibit certain council interference with administration; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act reincorporating the City of Arlington in the County of Calhoun and Early,
State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended,
particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), is amended
by revising Sections 2.28 and 2.29 as follows:
"SECTION
2.28.
Reserved.
SECTION
2.29.
Powers and duties of
mayor.
The
mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Be the head of the city for the purpose of service of process and for ceremonial
purposes and be the official spokesperson for the city and the chief advocate of
policy;
(3)
Have power to administer oaths and to take affidavits;
(4)
Sign as a matter of course on behalf of the city all written and approved
contracts, ordinances, and other instruments executed by the city which by law
are required to be in writing; and
(5)
Vote on all matters before the city council and be counted toward a quorum as
any other councilmember."
SECTION
2.
Said
Act is further amended by revising subsections (d) and (e) of Section 3.10 as
follows:
"(d)
There shall be a director of each department or agency who shall be its
principal officer. Each director shall, subject to the direction and
supervision of the city manager, be responsible for the administration and
direction of the affairs and operations of that director's department or
agency.
(e)
All appointed officers, directors, and department heads under the supervision of
the city manager shall be nominated by the city manager with confirmation of the
appointment by the city council. All appointed officers, directors, and
department heads shall be employees at will and subject to removal or suspension
at any time by the city manager unless otherwise provided by law or
ordinance."
SECTION
3.
Said
Act is further amended by redesignating Sections 3.12 through 3.14 as Sections
3.15 through 3.17, respectively, and adding new Sections 3.12 through 3.14 to
read as follows:
"SECTION
3.12.
City manager; appointment;
qualifications; compensation.
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 executive and administrative qualifications. The city manager is
employed at will and may be summarily removed from office at any time by the
city council.
SECTION
3.13.
Powers and duties of city
manager.
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 all city employees except appointed officers, directors, and department
heads, who shall be appointed as provided in subsection (e) of Section 3.10 of
this charter, and suspend or remove all city employees, appointed officers,
directors, and department heads as provided by subsection (e) of Section 3.10 of
this charter, 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 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 not to
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.
SECTION
3.14.
Council interference with
administration.
Except
for the purpose of inquiries and investigations authorized by Section 2.15 of
this charter, the city council or its members 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
4.
All
laws and parts of laws in conflict with this Act are repealed.