Bill Text: GA HB523 | 2011-2012 | Regular Session | Introduced
Bill Title: Oxford, City of; city manager-council form of government; change to
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-20 - Effective Date [HB523 Detail]
Download: Georgia-2011-HB523-Introduced.html
11 LC
35 2053/AP
House
Bill 523 (AS PASSED HOUSE AND SENATE)
By:
Representative Holt of the
112th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating a new charter for the City of Oxford, Georgia, approved
April 13, 2001 (Ga. L. 2001, p. 4195), so as to change the form of government
from a mayor-council form of government to a city manager-council form of
government; 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 creating a new charter for the City of Oxford, Georgia, approved April 13,
2001 (Ga. L. 2001, p. 4195), is amended in Section 2.29 of Article II as
follows:
"SECTION
2.29.
Powers and duties of mayor.
Powers and duties of mayor.
As
the chief executive of this city, 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 the 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 are not otherwise delegated to the city
manager;
(5)
Vote on matters before the mayor and council and be counted toward a quorum as
any other councilmember;
(6)
Have prepared and submitted to the council a recommended annual operating budget
and recommended capital budget; and
(7)
Assign councilmembers to their committees of responsibilities each year at the
first scheduled council meeting;
(8)
Fulfill such other executive and administrative duties as the mayor and council
shall establish by ordinance."
SECTION
2.
Said
Act is amended further by striking Article III and inserting a new Article III
to read as follows:
"ARTICLE
III
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
City manager.
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
City manager.
(a)
Appointment and qualification. The mayor shall appoint, subject to confirmation
by the council, an officer whose title shall be the 'city manager.' The city
manager shall be appointed without regard to political beliefs and solely on the
basis of his or her education and experience in the accepted competencies and
practices of local government management. The appointment is reconfirmed at the
beginning of each fiscal year.
(b)
Chief administrative officer. The city manager shall be the chief
administrative officer of the government of the city. The city manager must
devote all of his or her working time and attention to the affairs of the city
and shall be responsible to the mayor and council for the proper and efficient
administration of the affairs of the city over which said officer has
jurisdiction.
(c)
Powers and duties enumerated. The city manager shall have the power and it
shall be his or her duty to:
(1)
See that all laws and ordinances are enforced;
(2)
Appoint and employ all necessary employees of the city, provided that the power
of this appointment shall not include officers and employees who by this charter
are appointed or elected by the mayor and the council or departments not under
the jurisdiction of the city manager;
(3)
Remove those employees over whom he or she has the power to appoint and employ
under paragraph (2) of this subsection without the consent of the council and
without assigning any reason therefor;
(4)
Exercise supervision and control of all departments and all divisions created in
this charter or that may hereafter be created by the council except as otherwise
provided in this charter;
(5)
Attend all meetings of the council, without a right to vote, but with a right to
take part in the discussions as determined by the chairperson; provided,
however, that regardless of the decision of the chairperson, the city manager
may take part in any discussion and report on any matter requested and approved
by the council at such meeting. The city manager shall be entitled to notice of
all special meetings;
(6)
Recommend to the council, after prior review and comment by the mayor, for
adoption such measures as the city manager may deem necessary or
expedient;
(7)
See that all terms and conditions imposed in favor of the city or its
inhabitants in any public utility franchise are faithfully kept and performed
and upon knowledge of any violation thereof to call the same to the attention of
the city attorney, whose duty it shall be forthwith to take such steps as are
necessary to protect and enforce the same;
(8)
Make and execute all lawful contracts on behalf of the city as to matters within
the city manager's level of authorization as established by the council to the
extent that such contracts are funded in the city's budget, except such as may
be otherwise provided by law; provided, however, that no contract purchase or
obligation requiring a budget amendment shall be valid and binding until after
approval of the council;
(9)
Sign all orders, checks, and warrants for payment of money within the city
manager's level of authorization as established by the council to the extent
that such contracts are funded in the city's budget, except such as may be
otherwise provided by law; provided, however, that no such order, check, or
warrant requiring a budget amendment shall be valid and binding until after
approval of the council;
(10)
Act as budget officer to prepare and submit to the council, after review and
comment by the mayor, prior to the beginning of each fiscal year a budget of
proposed expenditures for the ensuing year, showing in as much detail as
practicable the amounts allotted to each department of the city government and
the reasons for such estimated expenditures;
(11)
Keep the council at all times fully advised as to the financial condition and
needs of the city;
(12)
Make a full written report to the council each month showing the operations and
expenditures of each department of the city government for the preceding month,
and a synopsis of such reports shall be published by the city
clerk;
(13)
Fix all salaries and compensation of city employees in accordance with the city
budget and the city pay and classification plan; and
(14)
Perform such other duties as may be prescribed by this charter or required by
ordinance or resolution of the council.
(d)
Council interference with administration. Except for the purpose of inquiries
and investigations, the council or its members shall deal with city officers and
employees who are subject to the direction or supervision of the city manager
solely through the city manager, and neither the council nor its members shall
give orders to any such officer or employee, either publicly or
privately.
(e)
Removal. The mayor and council may remove the city manager from office, with or
without cause, in accordance with the following procedures:
(1)
The council shall adopt by affirmative vote of a majority of all its members a
preliminary resolution removing the city manager and may suspend the city
manager from duty for a period not to exceed 45 days. 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 council a written request for a public
hearing. This hearing shall be held at a council meeting not earlier than 15
days nor later than 30 days after the request is filed. The city manager may
file with the council a written reply not later than five days before the
hearing;
(3)
The council may adopt a final resolution of removal, which may be made effective
immediately by affirmative vote of four of its members at any time after five
days from the date when a copy of the preliminary resolution was delivered to
the city manager if he or she has not requested a public hearing, or at any time
after the public hearing if he or she has requested one;
(4)
The city manager shall continue to receive his or her salary until the effective
date of a final resolution of his or her removal. The action of the council in
suspending or removing the city manager shall not be subject to review by any
court or agency; and
(5)
If the city manager is suspended in accordance with subsection (a) of this
section or becomes disabled and is unable to carry out the duties of the office
or if the city manager dies, the acting city manager shall perform the duties of
the city manager until the city manager's disability is removed or until the
city manager is replaced. Removal of the city manager because of disability
shall be carried out in accordance with the provisions of this
subsection.
(f)
Acting city manager.
(1)
The mayor with the approval of the council may appoint himself or herself or any
person to exercise all powers, duties, and functions of the city manager during
the city manager's suspension, temporary absence from the city, or
disability.
(2)
In the event of a vacancy in the office of city manager, the mayor may designate
with the approval of the council a person as acting city manager who shall
exercise all powers, duties, and functions of the city manager until a city
manager is appointed.
SECTION
3.11.
Department heads.
Department heads.
(a)
Except as otherwise provided in this charter, the mayor and council by
resolution shall prescribe the functions or duties of and establish, abolish, or
alter all nonelective offices, positions of employment, departments, and
agencies of the city and establish professional qualifications as necessary for
the proper administration of the affairs and government of the
city.
(b)
Except as otherwise provided by this charter or by law, all appointed officers
of the city shall be appointed solely on the basis of their respective
administrative and professional qualifications.
(c)
All appointed officers shall receive such compensation as prescribed by
ordinance or resolution.
(d)
The mayor may suspend or remove any and all appointed city officials, but such
suspension or removal shall not be final for 21 calendar days following the
mayor giving written notice of such action and the reasons therefor to the
appointed city official involved and to the city council. The appointed city
official involved may appeal within 21 days to the council which, after a
hearing, may override the mayor's action by a vote of four
councilmembers.
SECTION
3.12.
Boards, commissions.
Boards, commissions.
(a)
The mayor and council shall create by ordinance or resolution such boards,
commissions, and authorities to fulfill any functions the mayor and council deem
necessary and shall by ordinance or resolution establish the composition, period
of existence, duties, and powers thereof.
(b)
All members of boards, commissions, and authorities of the city shall be
appointed by the mayor and council for such terms of office and in such manner
as shall be provided by ordinance or resolution, except where other appointing
authority, terms of office, or manner of appointment is prescribed by this
charter or by law.
(c)
The mayor and council by ordinance or resolution may provide for the
compensation and reimbursement for actual and necessary expenses of the members
of any board, commission, or authority.
(d)
Except as otherwise provided by this charter or by law, no member of any board,
commission, or authority shall hold any elective office in the
city.
(e)
Any vacancy on a board, commission, or authority of the city shall be filled for
the unexpired term in the manner prescribed in this article for original
appointment, except as otherwise provided by this charter or by
law.
(f)
No member of a board, commission, or authority shall assume office until he or
she has executed and filed with the clerk of the city an oath obligating himself
or herself to faithfully and impartially perform the duties of his or her
office, such oath to be prescribed by ordinance or resolution and administered
by the mayor.
(g)
Any member of a board, commission, or authority may be removed from office for
cause by a vote of four members of the city council.
(h)
Except as otherwise provided by this charter or by law, each board, commission,
or authority of the city may elect one of its members as chairperson and one
member as vice chairperson and may elect as its secretary one of its own members
or may appoint as secretary an employee of the city, provided that the mayor and
council did not especially appoint a chairperson at the time of appointment.
Each board shall pass rules and regulations, not inconsistent with this charter,
ordinances of the city, or law, as it deems appropriate and necessary for the
fulfillment of its duties or the conduct of its affairs. Copies of such rules
and regulations shall be filed with the clerk of the city.
SECTION
3.13.
City attorney.
City attorney.
The
mayor and council shall appoint a city attorney at the first scheduled meeting
of the calendar year for a term of one year, together with such assistant city
attorneys as may be authorized, and shall provide for the payment of such
attorney or attorneys for services rendered to the city. The city attorney
shall be responsible for representing and defending the city in all litigation
in which the city is a party; may be solicitor in the municipal court; shall
attend the meetings of the council as directed; shall advise the city council,
the mayor, and other officers and employees of the city concerning legal aspects
of the city's affairs; and shall perform such other duties as may be required of
him or her by virtue of his or her position as city attorney.
SECTION
3.14.
City clerk.
City clerk.
The
mayor and council shall appoint a city clerk at the first scheduled meeting of
the calendar year for a term of one year who shall not be a councilmember. The
city clerk shall be custodian of the official city seal; maintain city council
records required by this charter; and perform such other duties as may be
required by the city council.
SECTION
3.15.
City treasurer.
City treasurer.
The
mayor and council may appoint a city treasurer at the first scheduled meeting of
the calendar year for a term of one year to collect all taxes, licenses, fees,
and other moneys belonging to the city subject to the provisions of this charter
and the ordinances of the city and to enforce all laws of Georgia relating to
the collection of delinquent taxes and sale or foreclosure for nonpayment of
taxes by the city. The city treasurer shall also be responsible for the general
duties of a treasurer and fiscal officer.
SECTION
3.16.
Chief of police.
Chief of police.
The
mayor and council shall appoint a chief of police at the first scheduled meeting
of the calendar year for a term of one year to perform the duties as the
administrative officer of the police department and have all the powers of an
arresting officer within the City of Oxford; he or she shall further have all
the powers usual and incident to such office; he or she shall have the power to
serve all papers, summons, and citations and execute all writs and executions
directed by the municipality and the State of Georgia; he or she shall perform
all duties prescribed by state law and by this charter, and carry out such other
duties as the mayor and council may lawfully direct. The municipality through
the mayor and council shall have the power to hire additional police officers to
assist the chief of police in his or her duties and to act in his or her
stead.
SECTION
3.17.
Municipal judge.
Municipal judge.
The
mayor and council shall appoint a municipal judge at the first scheduled meeting
of the calendar year for a term of one year whose duty it shall be to try all
cases of violation of the city ordinances and perform such functions and acts as
may be laid upon him or her by the provisions of this charter, or shall be from
time to time placed upon him or her by the ordinances or bylaws adopted by the
mayor and council of the City of Oxford.
SECTION
3.18.
Position classification and pay plans.
Position classification and pay plans.
The
city clerk shall be responsible for the preparation of a position classification
and pay plan which shall be submitted to the mayor and council for approval.
Such plan may apply to all employees of the city and any of its agencies,
departments, boards, commissions, or authorities. When a pay plan has been
adopted, the mayor and council shall not increase or decrease the salary range
applicable to any position except by amendment of such pay plan. For purposes
of this section, all elected and appointed city officials are not city
employees.
SECTION
3.19.
Personnel policies.
Personnel policies.
The
mayor and council shall adopt rules and regulations consistent with this charter
concerning:
(1)
The method of employee selection and probationary periods of employment;
(2)
The administration of the position classification and pay plan, methods of
promotion and application of service ratings thereto, and transfer of employees
within the classification plan;
(3)
Hours of work, vacation, sick leave, other leaves of absence, overtime pay, and
the order and manner in which layoffs shall be effected;
(4)
Such dismissal hearings as due process may require; and
(5)
Such other personnel notices as may be necessary to provide for adequate and
systematic handling of personnel affairs."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.