Bill Text: GA HB523 | 2011-2012 | Regular Session | Introduced

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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

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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

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.

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.

(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.

(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.

(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.

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.

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.

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.

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.

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.

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.

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.