Bill Text: GA HB800 | 2009-2010 | Regular Session | Introduced
Bill Title: Albany-Dougherty County; consolidated and unified government; create
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2009-03-30 - Senate Read and Referred [HB800 Detail]
Download: Georgia-2009-HB800-Introduced.html
09
LC 28 4692ER
House
Bill 800
By:
Representatives Rynders of the
152nd
and Fullerton of the
151st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for the consolidation and unification of the existing governments of the
City of Albany and Dougherty County, Georgia; to provide for the creation of the
consolidated and unified government of Albany-Dougherty County, Georgia; to
provide for the status, boundaries, and powers of the consolidated and unified
government; to provide for the form of, administration of, and affairs of the
consolidated and unified government; to provide for officers and employees,
elections, courts, taxation, and finance; to provide for other related matters;
to provide for a referendum election with respect to the effectiveness of the
foregoing; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
CONSOLIDATION AND UNIFICATION, CREATION, BOUNDARIES, STATUS,
AND POWERS OF ALBANY-DOUGHERTY COUNTY
CONSOLIDATION AND UNIFICATION, CREATION, BOUNDARIES, STATUS,
AND POWERS OF ALBANY-DOUGHERTY COUNTY
Section
1-101.
Consolidation and unification of county and city;
creation of consolidated government; name.
Consolidation and unification of county and city;
creation of consolidated government; name.
(a)
The governmental and corporate powers, duties, and functions now vested in the
governing authority of the City of Albany, a municipal corporation incorporated
by an Act of the General Assembly of Georgia, approved August 18, 1923
(Ga. L. 1923, p. 370), as amended, are hereby consolidated and
unified with the governmental and corporate powers, duties, and functions of
Dougherty County. This consolidation and unification shall result in the
creation and establishment of a single county-wide government with powers and
jurisdiction throughout the territorial limits of Dougherty County. Said
county-wide government shall be a new political entity, a body politic and
corporate, and a political subdivision of the state to be known as
Albany-Dougherty County, Georgia having all the governmental and corporate
powers, duties, and functions previously held by and vested in the City of
Albany and in Dougherty County, and also the powers, duties, and functions
provided in this charter.
(b) Albany-Dougherty County, Georgia shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Albany or Dougherty County; and by the name of Albany-Dougherty County, Georgia shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia.
(c) On the effective date of this charter, the political subdivision known as Dougherty County, Georgia, and the municipal corporation known as the City of Albany, Georgia, shall be consolidated, unified, and merged into the new political entity created by this charter.
(d) The consolidation and unification of the governments of the City of Albany and Dougherty County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia of 1983, as amended.
(b) Albany-Dougherty County, Georgia shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Albany or Dougherty County; and by the name of Albany-Dougherty County, Georgia shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia.
(c) On the effective date of this charter, the political subdivision known as Dougherty County, Georgia, and the municipal corporation known as the City of Albany, Georgia, shall be consolidated, unified, and merged into the new political entity created by this charter.
(d) The consolidation and unification of the governments of the City of Albany and Dougherty County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia of 1983, as amended.
Section
1-102.
Boundaries.
Boundaries.
Albany-Dougherty
County, Georgia shall embrace the total area included within the existing
territorial limits of Dougherty County as such limits are established on the
effective date of this charter, provided that such limits may be altered and
changed from time to time as provided by the Constitution and laws of the State
of Georgia pertaining to counties.
Section
1-103.
Status as municipal corporation and county.
Status as municipal corporation and county.
Albany-Dougherty
County, Georgia shall be deemed to be both a municipal corporation and a county
throughout the total territorial limits of said government.
Section
1-104.
Powers of the consolidated and unified government.
Powers of the consolidated and unified government.
(a)
Albany-Dougherty County, Georgia shall have all rights, powers, duties,
privileges, and authority, whether express or implied, that may now be vested in
or hereafter granted to counties, municipal corporations, or both by the
Constitution and laws of Georgia.
(b) In addition to the rights, duties, powers, privileges, and authority expressly conferred by this charter, the consolidated and unified government of Albany-Dougherty County, Georgia shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of the government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions.
(c) The consolidated and unified government shall have and be vested with, to the same extent as if repeated in this charter, all rights, powers, duties, privileges, and authority that the Mayor and Board of Commissioners of the City of Albany or the Board of Commissioners of Dougherty County, or both, had under the Constitution and general and local laws of the State of Georgia at the time of the adoption of this charter. This authority shall include, but not be limited to, the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia.
(d) No enumeration of any right, power, privilege, or authority shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this charter.
(e) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the consolidated and unified government shall have the powers specifically enumerated in Section 8-108 of this charter.
(b) In addition to the rights, duties, powers, privileges, and authority expressly conferred by this charter, the consolidated and unified government of Albany-Dougherty County, Georgia shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of the government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions.
(c) The consolidated and unified government shall have and be vested with, to the same extent as if repeated in this charter, all rights, powers, duties, privileges, and authority that the Mayor and Board of Commissioners of the City of Albany or the Board of Commissioners of Dougherty County, or both, had under the Constitution and general and local laws of the State of Georgia at the time of the adoption of this charter. This authority shall include, but not be limited to, the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia.
(d) No enumeration of any right, power, privilege, or authority shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this charter.
(e) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the consolidated and unified government shall have the powers specifically enumerated in Section 8-108 of this charter.
Section
1-105.
Establishment of services districts.
Establishment of services districts.
(a)
Albany-Dougherty County, Georgia will initially be divided into two services
districts. At least one of such districts shall be known as the general
services district. The general services district shall consist of the total
area of Dougherty County. In addition, there shall be an urban services
district which shall initially include the territory of the former City of
Albany. The purpose of establishing services districts is to ensure that the
citizens of Albany-Dougherty County, Georgia shall pay for the services that
they receive but will not pay for a service that they are not receiving. The
boundaries of the urban and general services districts; taxation, fees, and
services within those districts; and the methods for changing district
boundaries or services and for creating new districts shall be as set forth in
this charter.
(b) Taxes and service fees shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said service districts, and the rate and manner of taxation and service fees may vary in any one district from that in another or other districts.
(c) The consolidated and unified government may also establish special services districts which shall embrace such territory or territories for which provision is made by the commission for different types and levels of services or additional or higher levels of services provided by the consolidated government. In the establishment of special services districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Albany-Dougherty County at least once a week during the two weeks immediately preceding the date of hearing.
(d) The consolidated and unified government shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government.
(e) The consolidated and unified government shall perform within its urban services districts those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts.
(f) The consolidated and unified government shall perform within its special services districts those different or additionally selected, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts.
(g) Except as otherwise provided by this charter, urban and special services districts of the consolidated and unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as established by the commission; provided, however, that no new urban or special service district shall be created or any existing urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction, or creation of an urban or special services district in the official legal organ of Albany-Dougherty County, Georgia, at least once a week during the two weeks immediately preceding the date of hearing. Such rules and regulations adopted by the commission shall set forth the manner and method for the creation of new urban and special services districts; the expansion, consolidation, reduction, or merger of existing urban or special services districts; requirements for defining functions and policies for rendering services; changes in levels of services within existing services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts.
(h) The consolidated and unified government is empowered to create new services and eliminate existing services by the same procedures and methods stated above.
(i) Citizens of any area in the county may request additional services by petitioning the consolidated and unified government according to the rules, procedures, and guidelines established by the consolidated and unified government.
(b) Taxes and service fees shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said service districts, and the rate and manner of taxation and service fees may vary in any one district from that in another or other districts.
(c) The consolidated and unified government may also establish special services districts which shall embrace such territory or territories for which provision is made by the commission for different types and levels of services or additional or higher levels of services provided by the consolidated government. In the establishment of special services districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Albany-Dougherty County at least once a week during the two weeks immediately preceding the date of hearing.
(d) The consolidated and unified government shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government.
(e) The consolidated and unified government shall perform within its urban services districts those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts.
(f) The consolidated and unified government shall perform within its special services districts those different or additionally selected, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts.
(g) Except as otherwise provided by this charter, urban and special services districts of the consolidated and unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as established by the commission; provided, however, that no new urban or special service district shall be created or any existing urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction, or creation of an urban or special services district in the official legal organ of Albany-Dougherty County, Georgia, at least once a week during the two weeks immediately preceding the date of hearing. Such rules and regulations adopted by the commission shall set forth the manner and method for the creation of new urban and special services districts; the expansion, consolidation, reduction, or merger of existing urban or special services districts; requirements for defining functions and policies for rendering services; changes in levels of services within existing services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts.
(h) The consolidated and unified government is empowered to create new services and eliminate existing services by the same procedures and methods stated above.
(i) Citizens of any area in the county may request additional services by petitioning the consolidated and unified government according to the rules, procedures, and guidelines established by the consolidated and unified government.
Section
1-106.
Construction.
Construction.
The
powers of the consolidated and unified government shall be construed liberally
in favor of the consolidated and unified government. The specific mention or
failure to mention particular powers in this charter shall not be construed as
limiting in any way the general powers of the consolidated and unified
government as provided in this article. It is the intention hereof to grant to
the consolidated and unified government full power and right to exercise all
governmental authority authorized by the Constitution and laws of Georgia which
is necessary for the effective operation and conduct of the consolidated and
unified government within its territory and for the conduct of all of its
affairs.
ARTICLE
II
LEGISLATIVE BODY
Chapter 1 - The Commission
LEGISLATIVE BODY
Chapter 1 - The Commission
Section
2-101.
Name.
Name.
There
is hereby created the "Commission of Albany-Dougherty County,
Georgia."
Section
2-102.
Composition and election.
Composition and election.
The
Commission of Albany-Dougherty County, Georgia shall consist of eight members,
who shall be elected from eight single-member districts as provided in Appendix
A of this charter. Each member of the commission shall be elected by the voters
of the district which he or she represents.
Section
2-103.
Term of office; qualifications; disqualifications.
Term of office; qualifications; disqualifications.
(a)
The term of office of all members of the commission shall be four years with
members serving staggered terms and until their successors are elected and
qualified, except that a commissioner appointed to fill a vacancy shall serve
only for the balance of the unexpired term as provided in Section 2-108 of this
charter. All terms of office following the initial terms shall commence at the
first regular meeting in January next following the election. There shall be no
limit on the number of terms an individual may serve as a
commissioner.
(b) A candidate for the commission shall specify the single-member district for which such person is offering for election. Each candidate shall be nominated and elected by a majority of the qualified electors voting in such single-member district. No person shall be eligible for election or appointment to the commission unless such person shall, on or before the date of election or appointment, have attained the age of 21, be a qualified voter of Albany-Dougherty County, Georgia, and have resided within the county and within the district from which elected for at least one year prior to the election. For purposes of the first election only, a candidate is required to have resided within the county for at least one year prior to election and within the territorial limits of the district from which elected on the date of qualifying for election. A member of the commission shall continue to reside within the district from which elected during such member's term of office. Failure of a member to continue to reside within the district from which elected or appointed during such member's term of office shall result in forfeiture of office.
(c) No member of the commission, during that member's term of office, shall hold any other federal, state, or local government elective office.
(b) A candidate for the commission shall specify the single-member district for which such person is offering for election. Each candidate shall be nominated and elected by a majority of the qualified electors voting in such single-member district. No person shall be eligible for election or appointment to the commission unless such person shall, on or before the date of election or appointment, have attained the age of 21, be a qualified voter of Albany-Dougherty County, Georgia, and have resided within the county and within the district from which elected for at least one year prior to the election. For purposes of the first election only, a candidate is required to have resided within the county for at least one year prior to election and within the territorial limits of the district from which elected on the date of qualifying for election. A member of the commission shall continue to reside within the district from which elected during such member's term of office. Failure of a member to continue to reside within the district from which elected or appointed during such member's term of office shall result in forfeiture of office.
(c) No member of the commission, during that member's term of office, shall hold any other federal, state, or local government elective office.
Section
2-104.
Salary and expenses of the commission.
Salary and expenses of the commission.
(a)
The members of the commission shall be compensated at the rate of $9,600.00 per
year from funds of Albany-Dougherty County, Georgia. Upon attaining
certification as either a certified county commissioner or as a certified
municipal official pursuant to completion of a voluntary course of training
administered by the Carl Vinson Institute of Government, each commissioner shall
be compensated at the rate of $10,800.00 per year. A commissioner who is
certified at the time of taking office shall automatically receive the higher
rate of compensation.
(b) In addition to the salary provided, any commissioner shall be reimbursed for actual expenses incurred by such member in carrying out the responsibilities of the consolidated government of Albany-Dougherty County, Georgia. Procedures governing the reimbursement of expenses shall be set by the commission.
(c) The salary and expenses of members of the commission may be changed by ordinance, subject to the following conditions:
(b) In addition to the salary provided, any commissioner shall be reimbursed for actual expenses incurred by such member in carrying out the responsibilities of the consolidated government of Albany-Dougherty County, Georgia. Procedures governing the reimbursement of expenses shall be set by the commission.
(c) The salary and expenses of members of the commission may be changed by ordinance, subject to the following conditions:
(1)
No action to increase the salary or expenses of commissioners shall be taken
until notice of intent to take the action has been published in the official
legal organ of Albany-Dougherty County, Georgia at least once a week for three
successive weeks immediately preceding the week during which the action is
taken;
(2)
Any action to increase the salary of commissioners shall not become effective
until the date of commencement of the terms of those commissioners elected at
the next regular election following such action; and
(3)
No action to increase the salary of commissioners shall be taken during the
period between the date when candidates for election to the commission may first
qualify as candidates and the date when members of the commission take office
following their election.
Section
2-105.
Organization;
oath; rules; meetings; quorum; records.
(a)
The commission shall hold its organizational meetings on the second Monday in
January following the general election. At such meetings, the newly elected or
reelected commissioners shall each take the following oath of office, to be
administered by the judge of the probate court:
"I
do solemnly swear or affirm that I will well and truly perform the duties of the
office of commissioner of Albany-Dougherty County, Georgia and that I will
support and defend the charter thereof and the Constitution and laws of the
State of Georgia and of the United States."
(b)
The commission shall, by majority vote, adopt rules of procedure governing the
conduct of meetings and the transaction of its business consistent with the
provisions of this charter. The commission shall comply with the open and
public meeting requirements of Chapter 14 of Title 50 of the O.C.G.A. The
commission shall provide for the keeping of minutes of its proceedings which
shall be a public record.
(c) The commission shall hold at least one regular meeting each month. The commission shall, at its first organization meeting, adopt by ordinance the time, date, and place for regular meetings.
(d) Special meetings of the commission may be called by the CEO or by any two commissioners upon no less than 24 hours' written notice to each member served personally or left at the usual place of business or residence of such member. Notice of a special meeting may be waived in writing by any member either before or after the meeting, and the requirement of notice of such meeting shall be deemed waived as to those commissioners attending such meeting. Special meetings must be preceded by a minimum of 24 hours notice to the public of the time, place, and subject matter of the special meeting.
(e) Five members of the commission shall constitute a quorum for the transaction of business. No official act which is to have the force and effect of law shall be valid or binding unless adopted by the affirmative vote of at least five members of the board.
(f) All meetings of the commission, except for those exceptions provided for in general law, shall be public and any citizen shall have access to the minutes and records thereof at reasonable times.
(c) The commission shall hold at least one regular meeting each month. The commission shall, at its first organization meeting, adopt by ordinance the time, date, and place for regular meetings.
(d) Special meetings of the commission may be called by the CEO or by any two commissioners upon no less than 24 hours' written notice to each member served personally or left at the usual place of business or residence of such member. Notice of a special meeting may be waived in writing by any member either before or after the meeting, and the requirement of notice of such meeting shall be deemed waived as to those commissioners attending such meeting. Special meetings must be preceded by a minimum of 24 hours notice to the public of the time, place, and subject matter of the special meeting.
(e) Five members of the commission shall constitute a quorum for the transaction of business. No official act which is to have the force and effect of law shall be valid or binding unless adopted by the affirmative vote of at least five members of the board.
(f) All meetings of the commission, except for those exceptions provided for in general law, shall be public and any citizen shall have access to the minutes and records thereof at reasonable times.
Section
2-106.
Powers of the commission.
Powers of the commission.
(a)
All legislative powers of the consolidated and unified government of
Albany-Dougherty County, Georgia, including any such powers which may hereafter
be conferred by law upon said government, shall be vested exclusively in and
exercised by the commission in accordance with the provisions of this
charter.
(b) In addition to its legislative powers, the commission shall specifically have the power to:
(b) In addition to its legislative powers, the commission shall specifically have the power to:
(1)
Approve, amend, or reject the budget;
(2)
Appoint the manager, attorney, and judge of the municipal court;
(3)
Remove from office the manager, attorney, and judge of the municipal court by
majority vote of the entire commission; and
(4)
Call special meetings of the commission upon agreement of any two
commissioners.
(c)
Except as otherwise provided by the Constitution or general or local law, the
commission may appoint members to any external advisory committee, commission,
or other body. Any commissioner may recommend appointments to such external
committees, commissions, or other bodies of the consolidated and unified
government.
(d) In the exercise of its powers, the commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the consolidated and unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00.
(e) Except as otherwise provided by the Constitution, general or local law, or this charter, the commission may by ordinance create, change, alter, combine, abolish, consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the consolidated government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this charter. The commission may by ordinance transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the consolidated and unified government, which shall have the power, and its duty shall be, to perform and exercise all the functions and powers theretofore performed and exercised by such board, commission, authority, division, agency, bureau, office, department, or position of public employment.
(f) Subsection (e) of this section shall not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly.
(g) The commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the consolidated and unified government. In conducting inquiries and investigations, the commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production of evidence. The conduct of proceedings at commission inquiries and investigations shall be subject to such rules and regulations as the commission may prescribe by general ordinance.
(h) The commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the consolidated and unified government.
(i) The commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia.
(d) In the exercise of its powers, the commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the consolidated and unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00.
(e) Except as otherwise provided by the Constitution, general or local law, or this charter, the commission may by ordinance create, change, alter, combine, abolish, consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the consolidated government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this charter. The commission may by ordinance transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the consolidated and unified government, which shall have the power, and its duty shall be, to perform and exercise all the functions and powers theretofore performed and exercised by such board, commission, authority, division, agency, bureau, office, department, or position of public employment.
(f) Subsection (e) of this section shall not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly.
(g) The commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the consolidated and unified government. In conducting inquiries and investigations, the commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production of evidence. The conduct of proceedings at commission inquiries and investigations shall be subject to such rules and regulations as the commission may prescribe by general ordinance.
(h) The commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the consolidated and unified government.
(i) The commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia.
Section
2-107.
Filling of vacancies.
Filling of vacancies.
(a)
The office of commissioner shall become vacant if a member ceases to reside in
the district from which elected or upon a member's death, resignation, or
removal from office or forfeiture of office upon the occurrence of any event
specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A.,
or any other applicable law, now existing or hereafter enacted.
(b)(1)
In the event that the office of commissioner becomes vacant for any reason, a
successor shall be selected as provided in paragraphs (2) and (3) of this
subsection.
(2)
If there are more than six months remaining in the unexpired term, the position
shall be filled by special election at the next permissible date for a special
election. The special election shall be called by the judge of the probate
court as provided by general law. Any person so elected must possess the same
qualifications for election as set forth in subsection (b) of Section 2-103
of this charter.
(3)
If less than six months remain in the unexpired term, the remaining members of
the commission shall appoint a successor to fill the unexpired term. Any person
so appointed must possess the same qualifications as for election as set forth
in subsection (b) of Section 2-103 (b) of this charter.
Chapter
2 - Legislative Procedure
Section
2-201.
Legislation by ordinance.
Legislation by ordinance.
Every
official act of the commission which is to have the force and effect of law
shall be by ordinance and shall begin with the words: "The Commission of
Albany-Dougherty County, Georgia hereby ordains". All other acts of the
commission shall be by resolution or shall take such other form as prescribed by
its rules.
Section
2-202.
Introduction, consideration, and passage of ordinances and resolutions.
Introduction, consideration, and passage of ordinances and resolutions.
(a)
Every proposed ordinance and every amendment shall contain not more than one
subject which shall be clearly expressed in its
title.
(b) Every proposed ordinance and every amendment shall be introduced in writing.
(c) Prior to the introduction of any ordinance, copies of it shall be prepared by the Clerk and distributed to each member of the commission and to the attorney. It shall be the duty of the attorney to review the draftsmanship and impact of each ordinance. All proposed ordinances shall be filed with the clerk not later than noon of the prior business day before the meeting at which the ordinance is to be read for the first time.
(d) Before any ordinance shall be passed, the caption or title of the ordinance shall be read twice, and each reading shall be at separate meetings, regular or special, on separate days; provided that, by unanimous consent of the members of the commission present, the second reading may be waived and the ordinance considered and voted upon at the first meeting at which the caption is read. Notwithstanding the foregoing, any commissioner may require the ordinance to be read in whole or in part prior to its passage.
(e) The adoption of any ordinance shall require an affirmative vote of at least five members of the commission.
(f) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each commissioner, and the names of the commissioners voting for and against each proposed ordinance or amendment, those abstaining, and those absent shall be entered upon the minutes of the proceedings of the commission.
(g) The provisions of this section shall also apply to resolutions, except that resolutions, or their captions or titles, need only be read one time and may be considered and voted upon at the same meeting.
(b) Every proposed ordinance and every amendment shall be introduced in writing.
(c) Prior to the introduction of any ordinance, copies of it shall be prepared by the Clerk and distributed to each member of the commission and to the attorney. It shall be the duty of the attorney to review the draftsmanship and impact of each ordinance. All proposed ordinances shall be filed with the clerk not later than noon of the prior business day before the meeting at which the ordinance is to be read for the first time.
(d) Before any ordinance shall be passed, the caption or title of the ordinance shall be read twice, and each reading shall be at separate meetings, regular or special, on separate days; provided that, by unanimous consent of the members of the commission present, the second reading may be waived and the ordinance considered and voted upon at the first meeting at which the caption is read. Notwithstanding the foregoing, any commissioner may require the ordinance to be read in whole or in part prior to its passage.
(e) The adoption of any ordinance shall require an affirmative vote of at least five members of the commission.
(f) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each commissioner, and the names of the commissioners voting for and against each proposed ordinance or amendment, those abstaining, and those absent shall be entered upon the minutes of the proceedings of the commission.
(g) The provisions of this section shall also apply to resolutions, except that resolutions, or their captions or titles, need only be read one time and may be considered and voted upon at the same meeting.
Section
2-203.
Emergency ordinances.
Emergency ordinances.
To
meet a public emergency threatening life, health, property, or public safety,
the commission may adopt emergency ordinances; provided, however, that such
ordinances may not be enacted to levy taxes; to grant, renew, or extend a
franchise; to regulate the rate charged for any public utility or service; or to
authorize the borrowing of money unless it shall be repaid in 30 days or less.
An emergency ordinance shall be in the form prescribed for ordinances generally,
except that it shall be plainly designated as an emergency ordinance and shall
contain a declaration stating what emergency exists. An emergency ordinance may
be adopted with or without amendment or it may be rejected at the meeting at
which it is introduced, but the affirmative vote of at least five members of the
commission shall be required for adoption. An emergency ordinance shall become
effective upon adoption or at such later time as it may specify. Every
emergency ordinance shall automatically stand repealed on the sixteenth day
following the date on which it was adopted; but, if the emergency still exists,
this shall not prevent reenactment of the ordinance in the manner specified in
this section. 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
2-204.
Authentication; recording; effective date.
Authentication; recording; effective date.
All
ordinances which have become law shall immediately be deposited in the official
archives of the clerk. The clerk shall note on the face of the ordinance the
date and time it has become law and the ordinance shall become effective at noon
on the day following its becoming law or at such later time as it may specify.
The clerk shall authenticate by his or her signature each ordinance which has
become law.
Section
2-205.
Codes of technical regulations.
Codes of technical regulations.
(a)
The commission may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements governing such
adopting ordinance shall be prescribed for ordinances generally except
that:
(1)
The requirements of subsection (c) of Section 2-202 of this charter for
distribution of copies of the ordinance to each commissioner and to the attorney
shall be construed to include copies of the code of technical regulations which
shall be maintained in the clerk's office, as well as the adopting ordinance;
and
(2)
A copy of each adopted code of technical regulations, as well as the adopting
ordinance, shall be authenticated and recorded by the clerk as provided in
Section 2-204 of this charter.
(b)
Copies of any adopted code of technical regulations shall be made available by
the clerk for public inspection and for purchase at a reasonable price as fixed
by the commission.
Section
2-206.
Codification and printing of ordinances.
Codification and printing of ordinances.
(a)
The commission shall, within two years of the effective date of this charter,
provide for the preparation of a general codification of all ordinances of a
general or permanent nature. Such code shall be adopted by the commission by
ordinance and shall be published promptly in loose-leaf form, together with all
amendments thereto, this charter, any amendments hereto, and such codes of
technical regulations and other rules and regulations as the commission may
specify. This compilation shall be known and cited officially as the "Code of
Albany-Dougherty County, Georgia." As determined by the commission, copies of
the code shall be furnished to officers, departments, and agencies of the
consolidated and unified government; placed in libraries and public offices for
public reference; and made available for purchase by the public at a reasonable
price.
(b) Following publication of the first Code of Albany-Dougherty County, Georgia, and from time to time thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for integration therein.
(b) Following publication of the first Code of Albany-Dougherty County, Georgia, and from time to time thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for integration therein.
Section
2-207.
Prima-facie evidence.
Prima-facie evidence.
A
record or entry made by the clerk or a copy of such record or entry, duly
certified by the clerk, shall be prima-facie evidence of the terms of every
ordinance and its due publication.
Chapter
3 - Ethics and Prohibited Practices
Section
2-301.
Conflict of interest.
Conflict of interest.
No
elected official, appointed officer, or employee of Albany-Dougherty County,
Georgia or any agency or political entity to which this charter applies shall
knowingly:
(1)
Engage in any business or transaction in which the person has a financial
interest which is incompatible with the proper discharge of official
duties;
(2)
Disclose confidential information concerning the property, government, or
affairs of the governmental body by which such person is engaged or is a member
of without proper legal authorization or use that information to advance the
financial or other private interest of such person or others;
(3)
Accept any gift that has a value of $100.00 or more from any person, firm, or
corporation which to his or her knowledge is interested, directly or indirectly,
in business dealings with the governmental body that he or she is a member of or
by which such person is engaged; provided, however, that an elected official who
is a candidate for public office may accept campaign contributions and services
in connection with any campaign;
(4)
Represent private interests other than his or her own in any action or
proceeding against Albany-Dougherty County, Georgia or any portion of its
government; or
(5)
Vote or otherwise actively participate in the negotiation or the making of any
contract between Albany-Dougherty County, Georgia and any business or entity in
which he or she has a financial interest.
Section
2-302.
Disclosure.
Disclosure.
Any
elected official, appointed officer, or employee of the consolidated and unified
government or of any board, commission, authority, or agency thereof who shall
have any private financial interest, direct or indirect, in any contract or
matter pending before or within any department of the consolidated and unified
government shall disclose such private interest to the commission. Any
commissioner who has a private interest in any matter pending before the
commission shall disclose such private interest and such disclosure shall be
entered on the records of the commission, and he or she shall disqualify himself
or herself from participating in any decision or vote relating
thereto.
Section
2-303.
Testimony of public officials relating to public affairs.
Testimony of public officials relating to public affairs.
Any
officer or employee of the consolidated and unified government or of any board,
commission, authority, or agency thereof who is duly and properly called as a
witness before any consolidated and unified government, state, or federal
judicial or administrative tribunal, and who shall before such tribunal fail to
answer any proper question concerning the performance of his or her official
duties shall be guilty of a violation of this charter.
Section
2-304.
Contracts voidable and rescindable.
Contracts voidable and rescindable.
Any
contract between the consolidated and unified government or any board,
commission, authority, agency, or entity thereof made in violation of the
provisions of this charter shall be voidable or rescindable at the option of the
commission at any time if any elected official, appointed officer, or employee
of such consolidated government or board, commission, authority, or agency
thereof has any interest in such contract and does not disclose such interest in
accordance with Section 2-302 of this charter.
Section
2-305.
Hearings and determinations penalties for violation.
Hearings and determinations penalties for violation.
(a)
Upon the sworn complaint of any person alleging facts which if true would
constitute a violation of this charter, the commission may conduct a public
hearing at which the accused shall be given an opportunity to be heard, either
personally or through counsel. At the conclusion of such hearing, the
commission shall, in written findings of fact and conclusions based thereon,
make a determination concerning the propriety of the conduct of the official or
employee in question.
(b) Any officer or employee of the consolidated and unified government or of any board, commission, authority, or agency thereof who is found to have knowingly concealed his or her personal financial interest or who is found to have knowingly violated any of the requirements of this charter shall be deemed guilty of malfeasance in office or position. If such decision is upheld after all reviews and repeals provided by the merit system of the consolidated government have been exhausted, the officer or employee shall be subject to such punishment as may be deemed appropriate by the commission and which may include forfeiture of office or position.
(c) Any officer or employee of the consolidated and unified government or of any board, commission, authority, or agency thereof who shall forfeit his or her office or position as described in subsection (b) of this section shall be ineligible for appointment or election to or employment in a position in the consolidated and unified government or of any board, commission, authority, or agency thereof for a period of five years thereafter.
(b) Any officer or employee of the consolidated and unified government or of any board, commission, authority, or agency thereof who is found to have knowingly concealed his or her personal financial interest or who is found to have knowingly violated any of the requirements of this charter shall be deemed guilty of malfeasance in office or position. If such decision is upheld after all reviews and repeals provided by the merit system of the consolidated government have been exhausted, the officer or employee shall be subject to such punishment as may be deemed appropriate by the commission and which may include forfeiture of office or position.
(c) Any officer or employee of the consolidated and unified government or of any board, commission, authority, or agency thereof who shall forfeit his or her office or position as described in subsection (b) of this section shall be ineligible for appointment or election to or employment in a position in the consolidated and unified government or of any board, commission, authority, or agency thereof for a period of five years thereafter.
ARTICLE
III
CHIEF ELECTED OFFICIAL
CHIEF ELECTED OFFICIAL
Section
3-101.
Election; term; name.
Election; term; name.
(a)
There is hereby created the office of "Chief Elected Official (CEO) of
Albany-Dougherty County, Georgia." The CEO shall be elected from the
consolidated and unified government at-large and shall serve for a term of four
years and until a successor is elected and qualified. The office of CEO shall
be part-time. There shall be no limit on the number of terms an individual may
serve as CEO.
(b) The CEO of Albany-Dougherty County, Georgia is authorized and empowered to use the titles of "mayor" and "chairperson" at the discretion of the CEO.
(b) The CEO of Albany-Dougherty County, Georgia is authorized and empowered to use the titles of "mayor" and "chairperson" at the discretion of the CEO.
Section
3-102.
Qualifications of office.
Qualifications of office.
(a)
To be eligible for election as CEO, a person on the date of election
must:
(1)
Have attained the age of 21 years;
(2)
Have resided in the territory of the consolidated and unified government for at
least one year immediately preceding the date of election and must continue such
residence therein during the term of office;
(3)
Be a registered voter of the consolidated and unified government;
and
(4)
Meet any other requirements as established by law.
(b)
No person elected as CEO shall, during that person's term of office, hold any
other federal, state, or local government office.
Section
3-103.
Compensation.
Compensation.
(a)
The CEO shall receive as compensation for the services of this office an annual
salary of $11,600.00 per year, payable in equal monthly installments from funds
of Albany-Dougherty County, Georgia. Upon attaining certification as either a
certified county commissioner or as a certified municipal official pursuant to
completion of a voluntary course of training administered by the Carl Vinson
Institute of Government, the CEO shall be compensated at the rate of $12,800.00
per year. A CEO who is certified at the time of taking office, shall
automatically receive the higher rate of
compensation.
(b) In addition to the salary provided, the CEO shall be reimbursed for actual expenses incurred in carrying out the responsibilities of the consolidated government of Albany-Dougherty County, Georgia. Procedures governing the reimbursement of expenses shall be set by the commission.
(c) The salary and expenses of the CEO may be changed by ordinance, subject to the following conditions:
(b) In addition to the salary provided, the CEO shall be reimbursed for actual expenses incurred in carrying out the responsibilities of the consolidated government of Albany-Dougherty County, Georgia. Procedures governing the reimbursement of expenses shall be set by the commission.
(c) The salary and expenses of the CEO may be changed by ordinance, subject to the following conditions:
(1)
No action to increase the salary or expenses of the CEO shall be taken until
notice of intent to take the action has been published in the official legal
organ of Albany-Dougherty County, Georgia at least once a week for three
successive weeks immediately preceding the week during which the action is
taken;
(2)
Any action to increase the salary of the CEO shall not become effective until
the date of commencement of the term of the CEO elected at the next regular
election following such action; and
(3)
No action to increase the salary of the CEO shall be taken during the period
between the date when candidates for election to the office of CEO may first
qualify as candidates and the date when the newly elected CEO takes office
following the election.
Section
3-104.
Powers and duties.
Powers and duties.
(a)
The CEO shall have the power and the duty to:
(1)
Serve as the official representative of the consolidated and unified government,
including serving as the consolidated and unified government's representative to
federal, state, and local governmental bodies and officials;
(2)
Set the agenda, after receiving input from members of the commission, the
manager, and the public, for meetings of the commission;
(3)
Preside over meetings of the commission;
(4)
Execute all deeds, contracts, and obligations of the consolidated and unified
government, provided such execution shall be attested to by the
manager;
(5)
Call special meetings of the commission as provided by this charter and by rules
of the commission;
(6)
Recommend to the commission the adoption of such measures as deemed necessary or
expedient;
(7)
Recommend to the commission the creation of and appointments to legislative
committees and external committees or commissions;
(8)
Vote on all matters before the commission in the same manner as any other
commissioner. The CEO's authority and duty to vote shall specifically not be
limited to voting only in the event of a tie and any reference in this charter
or in the ordinances of the consolidated and unified government to a vote of the
commission shall be construed to mean a vote of the commission and the CEO;
and
(9)
Perform any other duties and exercise any other powers required by state or
federal law or authorized by a duly adopted ordinance that is not in conflict
with this charter.
(b)
The CEO shall not have the power to veto any ordinance or resolution duly
enacted or adopted by the commission.
Section
3-105.
Vacancy in office of CEO.
Vacancy in office of CEO.
(a)
In the event that the office of CEO shall become vacant by reason of death,
resignation, or any other cause, the vacancy shall be filled by the CEO pro
tempore who shall serve as CEO with all powers of the CEO until a new CEO is
selected as provided in this
section.
(b) If the term of the CEO will expire in less than six months, the CEO pro tempore shall serve as the CEO until the next general election when a new CEO will be elected.
(c) If the term of the CEO will continue for more than six months, a special election shall be held as provided in general law to elect a new CEO for the remainder of the vacant CEO's term.
(b) If the term of the CEO will expire in less than six months, the CEO pro tempore shall serve as the CEO until the next general election when a new CEO will be elected.
(c) If the term of the CEO will continue for more than six months, a special election shall be held as provided in general law to elect a new CEO for the remainder of the vacant CEO's term.
Section
3-106.
Chief elected official pro tempore.
Chief elected official pro tempore.
(a)
The position of chief elected official (CEO) pro tempore shall rotate annually
among the membership of the commission, beginning with the commissioner elected
from District 1, in January immediately following the first election. The
term of CEO pro tempore shall be of one year beginning at the first regular
meeting of the commission each year. Whenever it becomes necessary to fill a
vacancy in the office, the next commissioner in the rotation shall fill the
vacancy for the remainder of that year. A commissioner who fills a vacancy of
less than six months shall be eligible to serve the next full year term as CEO
pro tempore.
(b) In the absence of the CEO for any cause, the CEO pro tempore shall preside over meetings and discharge the duties of CEO until either the return of the CEO or the election of a new CEO.
(b) In the absence of the CEO for any cause, the CEO pro tempore shall preside over meetings and discharge the duties of CEO until either the return of the CEO or the election of a new CEO.
ARTICLE
IV
ADMINISTRATION
ADMINISTRATION
Chapter
1 - Officers
Section
4-101.
Manager; appointment; qualifications; compensation; residence.
Manager; appointment; qualifications; compensation; residence.
(a)
The manager shall be appointed by the commission. The appointment shall be by a
majority vote of the entire commission. The manager shall be prohibited from
engaging in any political activity, and the manager shall not be eligible to
qualify as a candidate for an elective office in Albany-Dougherty County,
Georgia for two years after leaving office. The manager shall serve at the
pleasure of the commission and may be removed from office by a majority vote of
the entire commission. The compensation of the manager shall be set by
resolution or ordinance.
(b) The commission shall, prior to the appointment of a manager, establish and adopt qualifications for appointment as manager specifically including, but not limited to, minimum standards of education and professional experience.
(c) The manager need not be a resident of the consolidated and unified government or of the State of Georgia at the time of appointment but must establish residence in the consolidated and unified government within six months after appointment and must retain residence in the consolidated and unified government during his or her tenure as manager.
(b) The commission shall, prior to the appointment of a manager, establish and adopt qualifications for appointment as manager specifically including, but not limited to, minimum standards of education and professional experience.
(c) The manager need not be a resident of the consolidated and unified government or of the State of Georgia at the time of appointment but must establish residence in the consolidated and unified government within six months after appointment and must retain residence in the consolidated and unified government during his or her tenure as manager.
Section
4-102.
Powers and duties of the manager.
Powers and duties of the manager.
(a)
The manager shall be responsible for:
(1)
Appointment and removal of department heads;
(2)
Management and supervision of the administration of all departments, offices,
and agencies of the consolidated and unified government except as otherwise
provided by law, this charter, or ordinance;
(3)
Preparation, with the assistance of department heads, of the proposed annual
operating and capital budget and capital improvement program and submission to
the commission;
(4)
Submitting to the commission and making available to the public a complete
report of the finances and administrative activities of the consolidated and
unified government as of the end of the fiscal year and at such other times as
the commission directs;
(5)
Preparation and presentation of reports to the commission concerning the
operations of those departments, offices, and agencies of the consolidated and
unified government subject to the manager's management and supervision as may be
required by the commission;
(6)
Keeping the commission fully advised as to the financial condition and future
needs of the consolidated and unified government and make such recommendations
to the commission as he or she deems desirable;
(7)
Having care and responsibility of all buildings and of all real and personal
property of the consolidated and unified government;
(8)
Direction and supervision of the administration of the construction,
maintenance, and operation of public streets, roads, bridges, drains, and
buildings and other public works;
(9)
Conferring with and assisting department directors of those departments not
directly under the control of the commission but dependent upon appropriations
from the commission;
(10)
Conferring with and assisting department directors of those departments not
directly under the control of the commission but who receive financial support
from the consolidated and unified government, such as the constitutional county
officers;
(11)
Examining the accounts, records, and operations of every board, commission,
authority, department, office, and agency which receives appropriations from or
which contributes revenue to the consolidated and unified
government;
(12)
Prescribing, requiring, publishing, and implementing standards of
administrative, management, and operating practices and procedures to be adhered
to by all offices, departments, boards, commissions, authorities, and other
agencies of the consolidated and unified government;
(13)
Acting as purchasing agent of the consolidated and unified government and
overseeing the administration of the purchasing ordinance and purchasing
system;
(14)
Attending all meetings of the commission with the right to take part in
discussions, but no right to vote. The manager is entitled to notice of all
special meetings;
(15)
Resolving all disputes or differences between departments, agencies, offices,
and commissions, except the commission, with all departments, agencies, offices,
and commissions directed to abide by decisions of the manager; and
(16)
Performing such other duties as may be required by law, ordinance, or resolution
of the commission.
(b)
Except for purposes of inquiry and investigation, the commission shall deal with
employees of the consolidated and unified government who are subject to
appointment and removal by the manager solely through the manager and shall not
give directions or orders to any employee, publicly or privately, directly or
indirectly.
Section
4-103.
Attorney.
Attorney.
(a)
The attorney for Albany-Dougherty County, Georgia shall be appointed and removed
by vote of a majority of the commission. The attorney shall act as the chief
legal adviser to the commission, the manager, and all departments and agencies
of Albany-Dougherty County, Georgia and shall represent said government in all
legal proceedings and perform such other duties prescribed by general law, by
this charter, or by ordinance or resolution of the
commission.
(b) The commission shall set the qualifications and compensation of the attorney and any other matters relative to the selection of the attorney.
(b) The commission shall set the qualifications and compensation of the attorney and any other matters relative to the selection of the attorney.
Section
4-104.
Clerk.
Clerk.
(a)
The clerk shall be appointed and removed by a majority vote of the
commission.
(b) The clerk shall be responsible for maintaining all required records of the operations and activities of Albany-Dougherty County, Georgia, including the minutes of all meetings of the Albany-Dougherty County Commission. All additional duties of the clerk shall be prescribed by the commission.
(c) The qualifications and compensation of the clerk shall be as prescribed by the commission in a duly adopted ordinance or resolution.
(b) The clerk shall be responsible for maintaining all required records of the operations and activities of Albany-Dougherty County, Georgia, including the minutes of all meetings of the Albany-Dougherty County Commission. All additional duties of the clerk shall be prescribed by the commission.
(c) The qualifications and compensation of the clerk shall be as prescribed by the commission in a duly adopted ordinance or resolution.
Section
4-105.
Law enforcement; chief of police.
Law enforcement; chief of police.
(a)
The police departments of the City of Albany and Dougherty County shall be
consolidated and unified on the effective date of the consolidation and
unification of the City of Albany and Dougherty County. The chief of police of
the consolidated and unified government shall be appointed and removed by and
subject to the jurisdiction of the
manager.
(b) The chief of police shall discharge and perform the duties with reference to enforcement of the laws and ordinances of the consolidated and unified government and shall perform such other duties as the commission may prescribe by ordinance or resolution.
(b) The chief of police shall discharge and perform the duties with reference to enforcement of the laws and ordinances of the consolidated and unified government and shall perform such other duties as the commission may prescribe by ordinance or resolution.
Section
4-106.
Sheriff.
Sheriff.
The
sheriff of Dougherty County in office on the effective date of this charter
shall be the sheriff of Albany-Dougherty County, Georgia. The sheriff shall
serve for the same term as provided by law, and the compensation shall be fixed
as provided by law. Subsequent elections for sheriff shall be on the same basis
as provided by law for the election of sheriffs generally. The sheriff shall be
responsible for the operation of the jail, the transport of prisoners, the
service of process, and such other duties as are required of sheriffs by the
Constitution and laws of Georgia.
Section
4-107.
Judge of the probate court.
Judge of the probate court.
The
judge of the probate court of Dougherty County in office on the effective date
of this charter shall be the judge of the probate court of Albany-Dougherty
County, Georgia. The judge of probate court of Albany-Dougherty County, Georgia
shall serve for the same term as provided by law, and the compensation shal1 be
fixed as provided by law. Subsequent elections for judge of the probate court
shall be on the same basis as provided by law for the election of probate judges
generally. The judge of the probate court shall perform the same duties and
exercise the same powers as conferred on probate judges generally by the
Constitution and laws of Georgia.
Section
4-108.
Clerk of Superior Court.
Clerk of Superior Court.
The
clerk of superior court of Dougherty County in office on the effective date of
this charter shall be the clerk of superior court of Albany-Dougherty County,
Georgia. The clerk of superior court shall serve for the same term as provided
by law, and the compensation shall be fixed as provided by law. Subsequent
elections for clerk of superior court shall be on the same basis as provided by
law for the election of clerks of superior court generally. The clerk of the
superior court shall perform the same duties and exercise the same powers as
conferred on clerks of superior court generally by the Constitution and laws of
Georgia.
Section
4-109.
Tax department; director.
Tax department; director.
(a)
The tax department for Dougherty County, as authorized by local constitutional
amendment (Ga. L. 1974, p. 1654) and continued in force and
effect by an Act approved March 6, 1987 (Ga. L. 1987, p. 3835)
shall continue to function as the tax department of the consolidated and unified
government of Albany-Dougherty County, Georgia and shall have all of the duties
and responsibilities as now provided by the laws of the state, or as hereafter
provided by the laws of the state, pertaining to county tax collectors, county
tax receivers, and county tax commissioners, except as provided in this
charter.
(b) The head of the tax department shall be the tax director. The tax director in office on the effective date of this charter shall continue to serve as tax director of Albany-Dougherty County, Georgia. The tax director shall be appointed by the manager and shall serve at the pleasure of the manager. The compensation of the tax director shall be set in the same manner as other employees of the consolidated and unified government.
(b) The head of the tax department shall be the tax director. The tax director in office on the effective date of this charter shall continue to serve as tax director of Albany-Dougherty County, Georgia. The tax director shall be appointed by the manager and shall serve at the pleasure of the manager. The compensation of the tax director shall be set in the same manner as other employees of the consolidated and unified government.
Section
4-110.
Coroner.
Coroner.
The
coroner of Dougherty County in office on the effective date of this charter
shall be the coroner of Albany-Dougherty County, Georgia. The coroner shall
serve for the same term as provided by law, and compensation shall be fixed as
provided by law. Subsequent elections for coroner shall be on the same basis as
provided by law for the election of coroners generally. The coroner shall
perform the same duties and exercise the same powers as conferred on coroners
generally by the Constitution and laws of Georgia.
Section
4-111.
Departments under state law.
Departments under state law.
All
departments, which are created pursuant to state or federal law and which
administer various state and federal programs and services, shall continue their
operations without interruption resulting from the adoption of this
charter.
Chapter
2 - Personnel
Section
4-201.
Establishment of personnel system.
Establishment of personnel system.
The
commission shall establish a personnel system and pay plan for all employees
under the control of the consolidated and unified government. The system shall
be consistent with all state and federal laws. The manager shall oversee the
administration of the personnel system and pay plan.
Section
4-202.
Existing pension rights protected.
Existing pension rights protected.
Persons
who, at the time this charter takes effect, are employed by any office,
department, board, commission, or agency of the former City of Albany or of the
former Dougherty County shall retain all pension rights which have accrued to
them under any existing pension system. The consolidated and unified government
shall continue in force and effect any existing pension system for city
employees and any existing pension system for county employees covered thereby
who are employed by Albany-Dougherty County, Georgia, and the services of such
employees shall not be deemed to have been interrupted by the adoption of this
charter.
Section
4-203.
Establishment of new pension systems.
Establishment of new pension systems.
The
commission is authorized and empowered to establish and maintain a new pension
system or pension systems affecting new employees and such other employees as
desire to be covered thereby and to revise, combine, consolidate, and unify any
pension system in effect on the effective date of this charter; provided,
however, that in no event shall any revision, combination, consolidation, or
unification of any existing pension system in effect when this charter is
adopted result in the curtailment or diminishment of any right accrued under any
existing pension system to any person heretofore employed by the City of Albany,
Dougherty County, or of any agency of such former governments.
Chapter
3 - Boards, Commissions, and Authorities
Section
4-301.
Certain boards, commissions, and authorities continued.
Certain boards, commissions, and authorities continued.
All
existing boards, commissions, and authorities of either the City of Albany,
Dougherty County, or both are continued without interruption on the effective
date of this charter. As used in the Acts and amendments creating the existing
boards, commissions, and authorities, the terms Albany City Commission and
Dougherty County Board of Commissioners shall mean the Commission of
Albany-Dougherty County, Georgia, and the terms Mayor of the City of Albany and
Chairman of the Dougherty County Board of Commissioners shall mean the CEO of
Albany-Dougherty County, Georgia.
Section
4-302.
Boards, commissions, and authorities; appointments thereto.
Boards, commissions, and authorities; appointments thereto.
Whenever
general or local law provides for appointments to boards, commissions, or
authorities from both the city and the county, all appointments shall be made by
the Albany-Dougherty County Commission and all appointees shall come from
Albany-Dougherty County, Georgia.
Section
4-303.
Water, gas, and light board.
Water, gas, and light board.
(a)
There shall be a board of water, gas, and light commissioners of
Albany-Dougherty County, Georgia, of which the CEO shall be ex officio
chairperson. In addition to the CEO, the board shall consist of four members
elected by the commission from the citizens of Albany-Dougherty County, Georgia.
No member of the board shall sell any goods or services to the water, gas, and
light department. Citizen members of the board shall be elected for a term of
two years beginning on the second Monday in January. Those members in office on
the effective date of this charter shall continue to serve for the remainder of
the term for which they were elected. Successors to these commissioners shall
be elected at the expiration of each term for a term of two years. In the event
of a vacancy, the commission of Albany-Dougherty County, Georgia shall elect a
person to fill the unexpired term within 15 days after the vacancy
occurs.
(b) The board of water, gas, and light commissioners shall take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office. The board shall keep a record of its acts and decisions and shall make a full report to the commission of Albany-Dougherty County, Georgia quarterly, or at such other interval as set by resolution of the commission. The books, vouchers, and papers of the board shall be subject to inspection at any time by the commission or the manager of Albany-Dougherty County, Georgia.
(c) A majority of the board shall constitute a quorum for the transaction of business. All contracts and engagements and acts of said board within the scope of its authority shall be obligatory upon and be considered as if done by the commission of Albany-Dougherty County, Georgia, provided that no election held by the board will be valid unless all members of the board are present and vote.
(d) The general manager of the water, gas, and light commission shall be elected by the board and shall serve until a successor is named and qualified. The general manager shall be subject to removal after due notice of the nature of the charge, and for just cause, after a public hearing before the commission and only upon a majority vote of the board of the water, gas, and light commission. The manager shall be the administrative head of the water, gas, and light commission. The compensation of the general manager shall be set by the board of water, gas, and light commissioners.
(e) The general manager shall devote his time and attention to the affairs of the water, gas, and light commission and shall be responsible to the commission for the efficient administration of the affairs of the commission. The general manager shall have the power and duty:
(b) The board of water, gas, and light commissioners shall take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office. The board shall keep a record of its acts and decisions and shall make a full report to the commission of Albany-Dougherty County, Georgia quarterly, or at such other interval as set by resolution of the commission. The books, vouchers, and papers of the board shall be subject to inspection at any time by the commission or the manager of Albany-Dougherty County, Georgia.
(c) A majority of the board shall constitute a quorum for the transaction of business. All contracts and engagements and acts of said board within the scope of its authority shall be obligatory upon and be considered as if done by the commission of Albany-Dougherty County, Georgia, provided that no election held by the board will be valid unless all members of the board are present and vote.
(d) The general manager of the water, gas, and light commission shall be elected by the board and shall serve until a successor is named and qualified. The general manager shall be subject to removal after due notice of the nature of the charge, and for just cause, after a public hearing before the commission and only upon a majority vote of the board of the water, gas, and light commission. The manager shall be the administrative head of the water, gas, and light commission. The compensation of the general manager shall be set by the board of water, gas, and light commissioners.
(e) The general manager shall devote his time and attention to the affairs of the water, gas, and light commission and shall be responsible to the commission for the efficient administration of the affairs of the commission. The general manager shall have the power and duty:
(1)
To see that all rules and regulations are enforced;
(2)
To appoint and employ all employees of the commission and to set all salaries
and compensation of commission employees employed by him, subject to
supervision, control, or disapproval of the board;
(3)
To exercise supervision and control of departments and divisions within the
commission;
(4)
To attend meetings of the water, gas, and light board and take part in the
discussions but have no vote;
(5)
To recommend to the board such measures as he deems necessary or
expedient;
(6)
To see that all terms and conditions imposed in favor of the board or residents
of the consolidated government in any public utility franchise are faithfully
kept and performed, and to call any violation thereof to the attention of the
board;
(7)
To act as budget manager and, with such committee as the board may appoint, to
prepare and submit to the board a budget of proposed expenditures for the
ensuing year;
(8)
To keep the board fully advised as to the financial condition and needs of the
water, gas, and light commission and to make a full written report to the board
on the first of each month, showing the operations and expenditures of each
department for the previous month;
(9)
To act as purchasing and contracting agent for the commission. The general
manager shall solicit competitive prices on all purchases except in the case of
sole sources of supply and emergency purchases, and approve all vouchers for
purchases provided that all contracts or agreements made by the general manager
requiring the expenditure of $40,000.00 or more shall be approved by the board
of water, gas, and light commissioners, except emergency purchases;
and
(10)
To perform such other duties as required by the board of the water, gas, and
light commission.
(f)
The board of water, gas, and light commissioners shall regulate the distribution
of water, gas, and electricity throughout its service area and shall have the
power to establish a scale of utility rates; adopt and enforce rules for the
collection of water, gas, and electric utility fees; adopt rules and regulations
respecting the introduction of water, gas, and electricity into or upon any
premises; and from time to time to regulate the use of water, gas, and
electricity in such manner as shall seem necessary and proper. The board shall
have power and authority to require payment in advance for use of water, gas, or
electricity furnished and may shut off service for nonpayment. The board shall
erect such number of public hydrants and stock founts in such places as the
board shall see fit and the board shall select in what manner and for what
purpose the same shall be used, and the board may charge for its use at their
discretion; provided, however, that all hydrants, conduits, and appliances
required and furnished for the extinguishment of fires shall be erected and
placed as the commission of Albany-Dougherty County, Georgia may direct and
shall be under the commission's exclusive direction and
control.
(g) The board of water, gas, and light commissioners shall enter into agreements annually with the commission of Albany-Dougherty County, Georgia for the transfer of water, gas, and light revenues in excess of the operating costs of the water, gas, and light board to the commission of Albany-Dougherty County, Georgia.
(g) The board of water, gas, and light commissioners shall enter into agreements annually with the commission of Albany-Dougherty County, Georgia for the transfer of water, gas, and light revenues in excess of the operating costs of the water, gas, and light board to the commission of Albany-Dougherty County, Georgia.
ARTICLE
V
JUDICIARY
JUDICIARY
Section
5-101.
Superior court and district attorney; unaffected by charter; redesignation.
Superior court and district attorney; unaffected by charter; redesignation.
The
Superior Court of Dougherty County, including the office of the district
attorney, shall continue its operations without interruption resulting from the
adoption of this charter, and
nothing herein shall be construed as affecting the status of said court. The court shall be known as the Superior Court of Albany-Dougherty County, Georgia.
nothing herein shall be construed as affecting the status of said court. The court shall be known as the Superior Court of Albany-Dougherty County, Georgia.
Section
5-102.
State court and solicitor-general; unaffected by charter; redesignation.
State court and solicitor-general; unaffected by charter; redesignation.
The
State Court of Dougherty County, including the office of the solicitor-general,
shall continue its operations without interruption resulting from the adoption
of this charter, and nothing herein shall be construed as affecting the status
of said court. The court shall be known as the State Court of Albany-Dougherty
County, Georgia.
Section
5-103.
Juvenile court; unaffected by charter; redesignation.
Juvenile court; unaffected by charter; redesignation.
The
Juvenile Court of Dougherty County shall continue its operations without
interruption resulting from the adoption of this charter, and nothing herein
shall be construed as affecting the status of said court. The court shall be
known as the Juvenile Court of Albany-Dougherty County, Georgia.
Section
5-104.
Probate court; unaffected by charter; redesignation.
Probate court; unaffected by charter; redesignation.
The
Probate Court of Dougherty County shall continue its operations without
interruption resulting from the adoption of this charter, and nothing herein
shall be construed as affecting the status of said court. The court shall be
known as the Probate Court of Albany-Dougherty County, Georgia.
Section
5-105.
Magistrate court; unaffected by charter; redesignation.
Magistrate court; unaffected by charter; redesignation.
The
Magistrate Court of Dougherty County shall continue its operations without
interruption resulting from the adoption of this charter, and nothing herein
shall be construed as affecting the status of said court. The court shall be
known as the Magistrate Court of Albany-Dougherty County, Georgia.
Section
5-106.
Municipal court of the City of Albany; continuation of operations in the
consolidated government.
Municipal court of the City of Albany; continuation of operations in the
consolidated government.
On
the effective date of this charter, the operations and employees of the
Municipal Court of the City of Albany shall continue as the operations and
employees of a court of the Consolidated Government of Albany-Dougherty County,
Georgia. The judge of the Municipal Court of the City of Albany shall be
authorized to serve as the judge of said court.
Section
5-107.
Circuit
public defender's office.
The
Dougherty Circuit Public Defender's Office shall continue its operations as
required under state law without interruption resulting from the adoption of
this charter, and nothing herein shall be construed as affecting the status of
said office.
ARTICLE
VI
ELECTIONS
ELECTIONS
Section
6-101.
Applicability of general laws.
Applicability of general laws.
Except
as otherwise provided by this charter, primaries and regular and special
elections shall be conducted in accordance with provisions of Chapter 2 of Title
21 of the O.C.G.A., the "Georgia Election Code." As used in said Code, the
terms "election" or "general election" shall be construed to include the term
"regular election" as provided in Section 6-102 of this charter; the term
"governing authority" shall include the Chairman and the Board of Commissioners
of Albany-Dougherty County, Georgia; the terms "municipal," "municipality," or
"county" shall include Albany-Dougherty County, Georgia; and the term "public
office" shall include the elective offices of Albany-Dougherty County,
Georgia.
Section
6-102.
Regular election; time for holding; voting.
Regular election; time for holding; voting.
(a)
The initial election for the commissioners and CEO of Albany-Dougherty County,
Georgia shall be held on the Tuesday next following the first Monday at the
first possible election date following approval of the charter in 2009. For
purposes of electing commissioners, the territory of Albany-Dougherty County,
Georgia is divided into eight districts with one member elected from each
district. The Commission Districts 1 through 8 shall be and correspond to
those eight numbered districts described in and attached to and made a part of
this Act as Appendix A and further identified as Plan Name: doughOPT1 Plan
Type: LOCAL User: reapp Administrator:
LINDA.
(b) When used in the attached Commission District Plan, the terms "Tract" and "BG" (block group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a tract description which are underneath a heading shall mean and describe individual blocks within a block group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Dougherty County which is not included in any such district described in the attachment shall be included within that district contiguous to such part which contains the least population according to the decennial census of 2000 for the State of Georgia. Any part of Dougherty County which is described in the attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of any such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.
(c) Only electors who are residents of a commission district may vote for a member of the commission for that district. All electors of the territory of Albany-Dougherty County, Georgia may vote for the office of CEO.
(d) Except for special elections to fill vacancies in office, all officers who are required by this charter to be elected shall be elected at the regular election immediately preceding the expiration of such person's term of office.
(b) When used in the attached Commission District Plan, the terms "Tract" and "BG" (block group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a tract description which are underneath a heading shall mean and describe individual blocks within a block group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Dougherty County which is not included in any such district described in the attachment shall be included within that district contiguous to such part which contains the least population according to the decennial census of 2000 for the State of Georgia. Any part of Dougherty County which is described in the attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of any such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.
(c) Only electors who are residents of a commission district may vote for a member of the commission for that district. All electors of the territory of Albany-Dougherty County, Georgia may vote for the office of CEO.
(d) Except for special elections to fill vacancies in office, all officers who are required by this charter to be elected shall be elected at the regular election immediately preceding the expiration of such person's term of office.
Section
6-103.
Reapportionment
of election districts.
(a)
The election district boundaries of the consolidated and unified government
shall be reapportioned following the publication of each federal decennial
census of the population of Albany-Dougherty County, Georgia. Such
reapportionment shall be accomplished by the adoption of an amendment to this
charter by the General Assembly of
Georgia.
(b) The reapportionment of election districts shall comply with the following specifications:
(b) The reapportionment of election districts shall comply with the following specifications:
(1)
Each election district shall be formed of contiguous territory, and its boundary
lines shall be the center lines of streets or other well-defined boundaries as
utilized by the United States Bureau of the Census; and
(2)
Such election districts shall apply to officials of the consolidated and unified
government elected at the next regular election following such
reapportionment.
ARTICLE
VII
REVENUE AND FINANCE
Chapter 1 - Taxation and other revenues
REVENUE AND FINANCE
Chapter 1 - Taxation and other revenues
Section
7-101.
Levy and collection of taxes, fees, charges, and assessments; appropriations.
Levy and collection of taxes, fees, charges, and assessments; appropriations.
(a)
For the purpose of raising revenue for the support and maintenance of the
consolidated and unified government of Albany-Dougherty County, Georgia, the
commission shall have full power and authority to levy and collect taxes to the
extent hereinafter provided and to appropriate funds and expend
money:
(1)
For the purposes authorized by this charter;
(2)
For the discharge of the powers, duties, obligations, liabilities, and functions
specified in this charter;
(3)
For any and all purposes and any and all subjects of taxation for which the City
of Albany or Dougherty County may have been authorized and in accordance with
those authorizations to levy and collect taxes and to appropriate and expend
funds under the Constitution or any general or special law of Georgia applicable
to the City of Albany or Dougherty County on the effective date of this charter;
and
(4)
For any purpose authorized by the Constitution or any general or special law of
Georgia applicable to municipal corporations and counties generally now of force
or hereafter enacted.
(b)
The commission shall have full power and authority to levy and collect the
following taxes, charges, and assessments:
(1)
Ad valorem taxes on all real and personal property situated within
Albany-Dougherty County, Georgia which is subject to taxation for state, county,
and municipal purposes, or for any other public purpose, to the full extent
permitted by the Constitution and laws of Georgia, whether local, of the City of
Albany or Dougherty County or general;
(2)
Occupation and business taxes and administrative and regulatory fees, as
authorized by the Constitution and general laws of Georgia;
(3)
An excise tax on rooms, lodgings, or accommodations as now or hereafter provided
by law for counties and municipalities;
(4)
License fees and taxes on insurance companies as authorized by Code Sections
33-8-8 through 33-8-8.6 of the O.C.G.A.;
(5)
A public utility franchise fee on each electric light and power company, gas
company, telephone and telegraph company, and other public utility making use of
the roads, streets, alleys, or other public ways of the consolidated government
for the purpose of rendering services therein;
(6)
Charge and collect franchise fees on cable television systems as now or
hereafter provided by law for counties;
(7)
Fees, assessments, and charges for the cost of constructing, reconstructing,
widening, or improving any public way, street, sidewalk, curbing, gutters, storm
sewers, drainage structures, or other utility mains and appurtenances from the
abutting property owners under any terms and conditions as provided by
ordinance;
(8)
Fees, assessments, charges, and tolls for sanitary and health services or any
other services rendered within and without the limits of the consolidated
government under such terms and conditions as provided by
ordinance;
(9)
All other such taxes, charges, or assessments as the City of Albany or Dougherty
County were authorized and empowered to make and collect upon the effective date
of this charter, which powers may be exercised throughout the area of the
consolidated and unified government, or appropriate portions thereof including
any tax now or hereafter authorized by state law and the specific mention of any
right, power, or authority in this charter shall not be construed as limiting in
anyway the general powers of the commission to govern its local affairs. When
authorized by this charter or a statute or the Constitution of the State of
Georgia, the commission shall have full power and authority to assess, levy,
charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs;
to receive income on investments; to accept funds, services, or property from
other political subdivisions and public agencies, either local, state, or
national, and from private persons, firms, or corporations; and to contract with
them for any public purpose;
(10)
An excise tax upon the sale of distilled spirits or alcoholic beverages for
beverage purposes by the drink as now or hereafter provided by law for counties
and municipalities;
(11)
An excise tax upon the sale, transfer, or dispensing of malt beverages and
alcoholic beverages within Albany-Dougherty County, Georgia by wholesale or
retail dealers as now or hereafter provided by law for counties and
municipalities. In addition, the commission shall have the authority to impose,
assess, levy, and collect an excise tax upon the sale, transfer, or dispensing
of wine by wholesale or retail dealers within Albany-Dougherty County, Georgia
as now or hereafter provided by law for counties and municipalities;
and
(12)
Such other taxes and charges as provided by law.
Section
7-102.
Collection of delinquent taxes and fees.
Collection of delinquent taxes and fees.
The
collection of delinquent taxes and fees shall be as provided in state law for
the collection of delinquent property taxes by counties.
Section
7-103.
Homestead exemptions.
Homestead exemptions.
The
homestead exemptions provided under the Constitution and laws of Georgia
presently in force or as hereafter amended shall be applicable to all such
property subject to ad valorem taxes within Albany-Dougherty County,
Georgia.
Section
7-104.
Taxing and services districts; taxation therein.
Taxing and services districts; taxation therein.
(a)
The general services area as defined and authorized in Section 7-105 of this
charter shall constitute a general services tax district wherein the commission
shall levy and collect taxes and service fees and shall appropriate funds to
perform and discharge those powers, functions, and services provided therein by
the consolidated and unified
government.
(b) The urban services area as authorized in Section 7-105 of this charter together with any enlargement or modification thereof pursuant to the provisions of this charter, shall constitute an urban tax district, wherein the commission may levy and collect additional taxes and service fees and may appropriate such additional funds to perform and discharge those additional powers, functions, and additional services provided therein by the consolidated and unified government.
(c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the consolidated and unified government; provided, however, that the rate and manner of additional taxation or fees of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services tax district or districts.
(b) The urban services area as authorized in Section 7-105 of this charter together with any enlargement or modification thereof pursuant to the provisions of this charter, shall constitute an urban tax district, wherein the commission may levy and collect additional taxes and service fees and may appropriate such additional funds to perform and discharge those additional powers, functions, and additional services provided therein by the consolidated and unified government.
(c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the consolidated and unified government; provided, however, that the rate and manner of additional taxation or fees of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services tax district or districts.
Section
7-105.
General, urban, and special services areas.
General, urban, and special services areas.
(a)
In Albany-Dougherty County, Georgia, there shall be:
(1)
A general services area which shall consist of the total area of Dougherty
County as fixed and established upon the effective date of this charter or as
hereafter modified according to law;
(2)
An urban services area which shall consist of the area embraced within the
corporate limits of the City of Albany as the same exists upon the day
immediately preceding the effective date of this charter or as such area may be
hereafter expanded as herein provided; and
(3)
Such special services areas as the commission may hereafter
establish.
(b)
All other tax districts existing in the City of Albany or Dougherty County
immediately prior to the effective date of this charter are continued in effect
by this charter.
(c) Such services areas shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the consolidated and unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services area from that of another or other areas in accordance with the provisions of this charter. The powers, authority, duties, liabilities, services, and functions of Albany-Dougherty County, Georgia may vary in any services area from that in another or other services area.
(d) The consolidated and unified government is hereby empowered to exercise and provide within the general services area and within any urban services area established by this charter or by ordinance of the commission those powers, functions, and services which have theretofore been exercised and provided by Dougherty County or the City of Albany, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia.
(e) The consolidated and unified government shall perform or procure the performance within the general services area of those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total territory of the consolidated and unified government.
(f) The consolidated and unified government shall perform within its urban services areas those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services areas.
(c) Such services areas shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the consolidated and unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services area from that of another or other areas in accordance with the provisions of this charter. The powers, authority, duties, liabilities, services, and functions of Albany-Dougherty County, Georgia may vary in any services area from that in another or other services area.
(d) The consolidated and unified government is hereby empowered to exercise and provide within the general services area and within any urban services area established by this charter or by ordinance of the commission those powers, functions, and services which have theretofore been exercised and provided by Dougherty County or the City of Albany, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia.
(e) The consolidated and unified government shall perform or procure the performance within the general services area of those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total territory of the consolidated and unified government.
(f) The consolidated and unified government shall perform within its urban services areas those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services areas.
Chapter
2 - Borrowing and Indebtedness
Section
7-201.
Issuance of general obligation bonds.
Issuance of general obligation bonds.
(a)
The commission shall be authorized to issue and sell general obligation bonds,
after approval of the qualified voters, under the provisions of the Constitution
and general laws of Georgia for any public purpose for the benefit of the
consolidated and unified government or any tax area or services district
thereof; provided, however, that for the purpose of issuing and selling such
general obligation bonds, the consolidated and unified government shall be
deemed a county and the provisions of the Constitution and laws of Georgia
governing the limitations, terms, and procedures for the issuance and sale of
bonds by counties shall apply to the consolidated and unified government unless
otherwise provided by this charter.
(b) All general obligation bonds shall be issued in the name of Albany-Dougherty County, Georgia and shall be an obligation thereof, and the full faith and credit of the consolidated and unified government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes, and for such purpose, the commission shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the consolidated and unified government.
(b) All general obligation bonds shall be issued in the name of Albany-Dougherty County, Georgia and shall be an obligation thereof, and the full faith and credit of the consolidated and unified government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes, and for such purpose, the commission shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the consolidated and unified government.
Section
7-202.
Debt limitation; general obligation bonds.
Debt limitation; general obligation bonds.
The
total general obligation bond indebtedness of the consolidated and unified
government payable from ad valorem taxes, including all outstanding general
obligation bonds of the former City of Albany and Dougherty County on the
effective date of this charter, shall not exceed 10 percent of the assessed
value of all taxable property within the territorial limits of the consolidated
and unified government.
Section
7-203.
Revenue bonds.
Revenue bonds.
The
commission shall be empowered and authorized to issue revenue bonds for the
purposes and in the manner as now or hereafter provided by Article 3 of Chapter
82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
Section
7-204.
Use of bond proceeds.
Use of bond proceeds.
All
revenue derived by the consolidated and unified government from the issuance and
sale of bonds shall be used exclusively for the purposes for which such bonds
were issued, and all ad valorem taxes collected for the purpose of servicing or
retiring such bonds shall be used exclusively for the payment of principal and
interest thereof.
Section
7-205.
Allocation of indebtedness.
Allocation of indebtedness.
(a)
All general indebtedness of Dougherty County, whether represented by general
obligation bonds or otherwise, which may be outstanding upon the effective date
of this charter, shall be allocated to the general services area as defined in
paragraph (1) of subsection (a) of Section 7-105 of this charter, and is hereby
recognized as the obligation of the general services area of Albany-Dougherty
County, Georgia. All general indebtedness of the City of Albany, whether
represented by general obligation bonds or otherwise which may be outstanding
upon the effective date of this charter, shall be allocated to the urban
services area as is defined in paragraph (2) of subsection (a) of Section 7-105
of this charter. The commission is hereby authorized to levy taxes and
otherwise provide for the retirement thereof, subject to the terms of this
charter. Any funds in the control of the heretofore existent City of Albany and
Dougherty County, now consolidated and unified into A1bany-Dougherty County,
Georgia by this charter, which theretofore had been allocated to the retirement
of any bonded indebtedness of said municipality and county shall be so applied
by the commission.
(b) All general obligation bonds issued prior to the effective date of this charter by Dougherty County and all bonds authorized but unissued by the Dougherty County on the
effective date of this charter and thereafter issued by Albany-Dougherty County, Georgia, shall be allocated to the general services area, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services area. All general obligation bonds issued prior to the effective date of this charter by the City of Albany and all bonds authorized but unissued by the City of Albany on the effective date of this charter and thereafter issued by Albany-Dougherty County, Georgia shall be allocated to the urban services area, and the principal and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the urban services area.
(c) Any revenue bonds issued prior to the effective date of this charter by the City of Albany or Dougherty County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and any such revenue bonds authorized but unissued by the said city or county on the effective date of this charter and thereafter issued by Albany-Dougherty County, Georgia shall be payable as to principal and interest from the revenues or sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds.
(d) Neither the allocation of bonds to the general services area nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or security and source for payment of any of such bonds or revenue bonds issued by the City of Albany or by Dougherty County prior to the effective date of this charter, or authorized but unissued by the City of Albany or by Dougherty County on the effective date of this charter and thereafter issued by Albany-Dougherty County, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for payment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted.
(e) Notwithstanding the provisions of subsection (a) of this section, all general indebtedness of the water, gas, and light board, whether represented by general obligation bonds or otherwise, which may be outstanding on the effective date of this charter shall be allocated to the urban services area of Albany-Dougherty County, Georgia as defined in paragraph (2) of subsection (a) of Section 7-105 of this charter. The commission shall, within 90 days after taking office, determine whether and in what manner such indebtedness shall be reallocated. The commission is authorized to adopt an ordinance changing the allocation of such debt, after an examination of the records of the water, gas, and light board, and not less than two public hearings at which the issue is presented to the citizens of Albany-Dougherty County, Georgia and the customers of the water, gas, and light board.
(b) All general obligation bonds issued prior to the effective date of this charter by Dougherty County and all bonds authorized but unissued by the Dougherty County on the
effective date of this charter and thereafter issued by Albany-Dougherty County, Georgia, shall be allocated to the general services area, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services area. All general obligation bonds issued prior to the effective date of this charter by the City of Albany and all bonds authorized but unissued by the City of Albany on the effective date of this charter and thereafter issued by Albany-Dougherty County, Georgia shall be allocated to the urban services area, and the principal and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the urban services area.
(c) Any revenue bonds issued prior to the effective date of this charter by the City of Albany or Dougherty County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and any such revenue bonds authorized but unissued by the said city or county on the effective date of this charter and thereafter issued by Albany-Dougherty County, Georgia shall be payable as to principal and interest from the revenues or sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds.
(d) Neither the allocation of bonds to the general services area nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or security and source for payment of any of such bonds or revenue bonds issued by the City of Albany or by Dougherty County prior to the effective date of this charter, or authorized but unissued by the City of Albany or by Dougherty County on the effective date of this charter and thereafter issued by Albany-Dougherty County, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for payment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted.
(e) Notwithstanding the provisions of subsection (a) of this section, all general indebtedness of the water, gas, and light board, whether represented by general obligation bonds or otherwise, which may be outstanding on the effective date of this charter shall be allocated to the urban services area of Albany-Dougherty County, Georgia as defined in paragraph (2) of subsection (a) of Section 7-105 of this charter. The commission shall, within 90 days after taking office, determine whether and in what manner such indebtedness shall be reallocated. The commission is authorized to adopt an ordinance changing the allocation of such debt, after an examination of the records of the water, gas, and light board, and not less than two public hearings at which the issue is presented to the citizens of Albany-Dougherty County, Georgia and the customers of the water, gas, and light board.
Chapter
3 - Financial Administration
Section
7-301.
Fiscal year.
Fiscal year.
The
fiscal year of Albany-Dougherty County, Georgia shall begin on the first day of
July of each year and shall end on the thirtieth day of June next following.
The commission may adopt a different fiscal year by ordinance, which shall not
be effective until at least six months after the date of adoption thereof. The
fiscal year shall constitute the budget year and the year for financial
accounting and reporting of each and every office, department, institution,
agency, and activity of the consolidated and unified government, unless
otherwise provided by state or federal law.
Section
7-302.
Preparation of budgets.
Preparation of budgets.
The
preparation of an annual budget, a capital improvements budget, and such other
budgets as required or authorized by state law shall be as prescribed by
ordinance and provisions of this charter.
Section
7-303.
Scope of budgets.
Scope of budgets.
(a)
There shall be at least two annual budgets:
(1)
The annual operating expenses budget shall apply only to the operating expenses
of the consolidated and unified government;
(2)
The capital improvements budget shall apply only to capital improvement expenses
of the consolidated and unified government; and
(3)
Such other budgets as required or authorized by state law.
(b)
Each section of the annual operating and capital improvements and other budgets
shall contain with respect to each of the operating funds of the government of
Albany-Dougherty County, Georgia to which they are applicable:
(1)
A reasonable estimate of cash revenues to be received during the ensuing year,
classified according to source;
(2)
Proposed expenditures detailed by each department, board, commission, office,
agency, and activity in accordance with an established classification of
accounts, including those capital outlays which are to be financed from the
revenues of the ensuing year and including all debt service requirements in full
for such fiscal year; and
(3)
Such other information as may be considered necessary or desirable by the
manager, the CEO, or the commission.
(c)
In no event shall the total proposed expenditures from any fund exceed the total
anticipated revenues plus the estimated unappropriated surplus or fund balance
and applicable reserves less any estimated deficit at the end of the current
fiscal year.
(d) The capital improvements budget shall describe capital projects anticipated, the proposed expenditures therefore, and the revenues or other sources of funds anticipated to finance such capital projects.
(d) The capital improvements budget shall describe capital projects anticipated, the proposed expenditures therefore, and the revenues or other sources of funds anticipated to finance such capital projects.
Section
7-304.
Submission of budgets to the commission.
Submission of budgets to the commission.
(a)
In advance of initiating preparations of the annual budget, the commission shall
develop a statement of the general fiscal policies of Albany-Dougherty County,
Georgia, the important features of the budgets, explanations of major changes
recommended for the next fiscal year, a general summary of the budgets, and such
other comments and information as may be deemed
pertinent.
(b) On or before a date fixed by the commission, but not later than 60 days prior to the beginning of each fiscal year, the manager of the consolidated and unified government shall submit to the commission a proposed operating budget and a proposed capital improvements budget and such other budgets as necessary for the ensuing fiscal year. Such budgets shall be accompanied by a message from the manager containing the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. A summary of the budgets and the manager's message thereon shall be published in a newspaper of general circulation designated as the legal organ of the consolidated and unified government. The operating budget and the capital improvements budget, the budget message, and all supporting schedules shall be filed in the clerk's office and shall be open to public inspection.
(b) On or before a date fixed by the commission, but not later than 60 days prior to the beginning of each fiscal year, the manager of the consolidated and unified government shall submit to the commission a proposed operating budget and a proposed capital improvements budget and such other budgets as necessary for the ensuing fiscal year. Such budgets shall be accompanied by a message from the manager containing the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. A summary of the budgets and the manager's message thereon shall be published in a newspaper of general circulation designated as the legal organ of the consolidated and unified government. The operating budget and the capital improvements budget, the budget message, and all supporting schedules shall be filed in the clerk's office and shall be open to public inspection.
Section
7-305.
Adoption of budgets.
Adoption of budgets.
(a)
The commission may approve, amend, or reject the proposed operating budget. The
budget as finally adopted must provide for all expenditures required by law or
by other provisions of this charter and for all debt service requirements for
the ensuing fiscal year. The total appropriations from any fund shall not
exceed the estimated fund balance, reserves, and revenues, constituting the
resources available of such fund.
(b) The commission shall adopt the final annual operating budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the fiscal year beginning on the first day of July. In the event that the commission fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly until such time as the commission shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordinance setting out estimated revenues in detail by source and making appropriations accordingly to fund organizational units, purposes, or activities as set forth in the budget document.
(c) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable.
(d) The commission shall adopt by ordinance the capital improvements program and capital budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The capital budget ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the commission and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts.
(b) The commission shall adopt the final annual operating budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the fiscal year beginning on the first day of July. In the event that the commission fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly until such time as the commission shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordinance setting out estimated revenues in detail by source and making appropriations accordingly to fund organizational units, purposes, or activities as set forth in the budget document.
(c) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable.
(d) The commission shall adopt by ordinance the capital improvements program and capital budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The capital budget ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the commission and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts.
Section
7-306.
Property tax levies.
Property tax levies.
Following
the adoption of the operating and capital improvements budgets for each fiscal
year:
(1)
The commission shall levy by ordinance a general services area tax on all real
and personal property within the general services tax district as provided by
this charter. The tax rate set by such ordinance shall be such that a
reasonable estimate of cash revenues from such levy shall be at least
sufficient, together with other anticipated revenues, fund balances, and
applicable reserves, to equal the total amount appropriated for each of the
several funds set forth in the annual operating budget for defraying the
expenses of the general services area for services to be rendered throughout the
entire area of Albany-Dougherty County, Georgia;
(2)
The commission shall levy by ordinance an urban services area tax on all real
and personal property within the urban services tax district as authorized by
this charter. The tax rates set by such ordinance for each district shall be
such that a reasonable estimate of cash revenues from such levy shall be at
least sufficient, together with other anticipated revenues, fund balances, and
applicable reserves, to equal the total amount appropriated for each of the
several funds set forth in the annual operating budget for defraying the
expenses of different types of services or a higher level of services to be
rendered in urban services areas; and
(3)
The commission shall levy by ordinance a special services area tax on all real
and personal property within the special services tax district as authorized by
this charter. The tax rates set by such ordinance for each district shall be
such that a reasonable estimate of cash revenues from such levy shall be at
least sufficient, together with other anticipated revenues, fund balances, and
applicable reserves, to equal the total amount appropriated for each of the
several funds set forth in the annual operating budget for defraying the
expenses of different types of services or a higher level of services to be
rendered in a special services area.
Section
7-307.
Limitation of funds.
Limitation of funds.
Upon
certification by the manager that the revenues or other resources actually
realized with respect to any fund will be less than was anticipated and will be
insufficient to meet the amounts appropriated from such fund, it shall be the
duty of the manager upon the instruction of the commission to limit such
appropriations as may be necessary to prevent deficit operation.
Section
7-308.
Transfer of funds.
Transfer of funds.
Upon
recommendation of the manager, the commission may make interfund or
interdepartmental transfers in the current operating budget or capital
improvements budget at any regular or special meeting called for such purpose,
provided funds are also available.
Section
7-309.
Lapse
of appropriations.
All
unencumbered balances of appropriations in the current operating budget at the
end of the fiscal year shall lapse into the unappropriated surplus or reserves
of the fund or funds from which such appropriations were made.
Chapter
4 - Procurement and Disposition of Property
Section
7-401.
Contracting procedures.
Contracting procedures.
The
commission shall prescribe by ordinance rules and regulations that must be
followed in the making of contracts in order to bind the government of
Albany-Dougherty County, Georgia. Except where otherwise provided by law or by
ordinance, all contracts of the government of Albany-Dougherty County, Georgia
shall be signed by the CEO and authenticated by the manager.
Section
7-402.
Sale and disposition of property.
Sale and disposition of property.
(a)
The commission is authorized to sell any real or personal property owned or held
by Albany-Dougherty County, Georgia and not needed for governmental or other
public purposes in such manner as is required in state law for counties, as
provided for in Code Sections 36-9-2 and 36-9-3 of the
O.C.G.A.
(b) The commission is empowered to authorize the following transactions:
(b) The commission is empowered to authorize the following transactions:
(1)
A transfer of any real or personal property owned by Albany-Dougherty County,
Georgia to another governmental entity upon finding that such transfer is in the
public interest;
(2)
A sale of any such property to another governmental entity; and
(3)
An exchange of such property for property that is owned privately or by some
other governmental entity.
In
each instance, whether the property is transferred, sold, or exchanged, the
requirements of a public sale shall not be required; but a statement thereof
shall be published in the newspaper designated as the legal organ of the
consolidated government once a week for the two weeks preceding the day in which
such transaction is to be concluded. Such statement shall contain a description
of the property or properties involved and the prices and estimated values as to
each item of property.
(c) Albany-Dougherty County, Georgia may quitclaim any rights it may have in property not needed for public purposes upon a report by the manager of the consolidated and unified government and the adoption by the commission of a resolution, both finding that the property is not needed for public purposes and that the interest of the government of Albany-Dougherty County, Georgia therein has no readily ascertainable monetary value.
(d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Albany-Dougherty County, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Albany-Dougherty County, Georgia, the commission may authorize the execution and deliverance in the name of the government of Albany-Dougherty County, Georgia of a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the government of Albany-Dougherty County, Georgia has in such property.
(c) Albany-Dougherty County, Georgia may quitclaim any rights it may have in property not needed for public purposes upon a report by the manager of the consolidated and unified government and the adoption by the commission of a resolution, both finding that the property is not needed for public purposes and that the interest of the government of Albany-Dougherty County, Georgia therein has no readily ascertainable monetary value.
(d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Albany-Dougherty County, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Albany-Dougherty County, Georgia, the commission may authorize the execution and deliverance in the name of the government of Albany-Dougherty County, Georgia of a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the government of Albany-Dougherty County, Georgia has in such property.
ARTICLE
VIII
GENERAL PROVISIONS
GENERAL PROVISIONS
Section
8-101.
Application of laws; laws in force.
Application of laws; laws in force.
(a)
The general laws of the State of Georgia and those general laws of local
application through classification by population shall be applicable to and
within the limits of Albany-Dougherty County,
Georgia.
(b) Local Acts of the State of Georgia which apply specifically to either Dougherty County, the City of Albany, or both shall be applicable to the consolidated and unified government of Albany-Dougherty County, Georgia.
(c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties, municipalities, or both and local Acts of the General Assembly that apply specifically to Dougherty County, the City of Albany, or both, the following terms as used in such laws shall be construed to include Albany-Dougherty County, Georgia as follows:
(b) Local Acts of the State of Georgia which apply specifically to either Dougherty County, the City of Albany, or both shall be applicable to the consolidated and unified government of Albany-Dougherty County, Georgia.
(c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties, municipalities, or both and local Acts of the General Assembly that apply specifically to Dougherty County, the City of Albany, or both, the following terms as used in such laws shall be construed to include Albany-Dougherty County, Georgia as follows:
(1)
"County" shall be construed to include Albany-Dougherty County,
Georgia;
(2)
"City," "town," "municipal corporation," or "municipality" shall be construed to
include Albany-Dougherty County, Georgia;
(3)
"Commissioners of roads and revenues," "board of county commissioners," "county
commissioner," and "commissioner" shall be construed to include the commission
and the commissioners of Albany-Dougherty County, Georgia;
(4)
"Council," "mayor and council," "aldermen," "board of aldermen," and "city
commission" shall be construed to include the commission and commissioners of
Albany-Dougherty County, Georgia;
(5)
Chairman of the commissioners of roads and revenues," "chairman of the board of
county commissioners," and "commissioner" shall be construed to include the CEO
of the commission of Albany-Dougherty County, Georgia;
(6)
"Mayor" shall be construed to include the CEO of the commission of
Albany-Dougherty County, Georgia; and
(7)
Any other terms and provisions as used in such Acts to refer specifically to
Dougherty County, the City of Albany, or both and the officers, employees,
departments, and agencies thereof shall be construed to mean Albany-Dougherty
County, Georgia and its officers, employees, departments, and
agencies.
(d)
In construing the applicability of laws in force to Albany-Dougherty County,
Georgia, the following order shall prevail:
(1)
The Constitution of the State of Georgia;
(2)
The general laws of uniform application now in force or hereafter enacted by the
General Assembly, as distinguished from general laws of local application
through classification by population, applicable to municipal corporations,
counties, or both;
(3)
The general laws of local application through classification by
population;
(4)
Special laws applicable to Dougherty County, not in conflict with this
charter;
(5)
Special laws applicable to the City of Albany, not in conflict with this
charter;
(6)
This charter and all ordinances and resolutions passed pursuant thereto;
and
(7)
Existing ordinances and resolutions of the former City of Albany and existing
ordinances and resolutions of the former County of Dougherty not in conflict
with this charter.
Section
8-102.
Tort and nuisance liability.
Tort and nuisance liability.
The
tort and nuisance liability of the consolidated and unified government shall
follow the law and rules of tort liability applicable to counties in
Georgia.
Section
8-103.
Competitive bidding.
Competitive bidding.
All
departments and agencies of the consolidated and unified government shall
utilize competitive bidding procedures, as specified in an ordinance of the
commission, for all purchases in excess of an amount provided for in an
ordinance of the commission, unless such purchase shall be otherwise approved by
five commissioners at a regular or called meeting of the
commission.
Section
8-104.
Execution of assessments.
Execution of assessments.
Whenever
any tax or special assessment is authorized or empowered to be levied or imposed
by this charter which is required to be collected by the consolidated and
unified government and such is not paid within the time period specified by the
commission and no specific provision is elsewhere provided in this charter for
its collection, then the manager shall issue execution in the name of the
consolidated and unified government against such person, firm, or entity liable
therefor or property subject thereto for such sums as may be due with interest
at the legal rate from due date, and penalties and costs. The consolidated and
unified government shall have the right to enforce payment of such execution by
levy and sale as in the case of county taxes, and the purchaser at such sale
shall acquire the same title and rights as a purchaser at a sale for county
taxes. Executions issued by the manager of Albany-Dougherty County, Georgia and
the levy and sale thereunder shall be governed by general law.
Section
8-105.
Authority to deal with federal and state agencies.
Authority to deal with federal and state agencies.
The
consolidated and unified government shall have the power and authority to
participate in, cooperate in, and take all necessary action with respect to any
and all projects, programs and undertakings of any nature authorized by any
statute, rule, or regulation of the United States, the State of Georgia, or any
federal or state agency or instrumentality, including, but not limited to,
community development, highways, aviation, aviation terminals, airports, airport
facilities, municipal area or regional development, sewer and sewage disposal,
public housing, housing for the aged, and transportation or mass transit or any
phase thereof; to borrow money and issue promissory notes, general obligation
bonds, or revenue bonds or a combination thereof for any such purposes in
accordance with provisions of this charter; and to execute mortgages or deeds of
trust in favor of any federal agency, secured by property of which the
consolidated government is the legal or beneficial or equitable owner, or in
favor of any private agency where the loan is guaranteed by a federal
agency.
Section
8-106.
Federal and state aid.
Federal and state aid.
For
the purpose of determining its right to receive and for the purpose of receiving
state aid or grant-in-aid from the state of Georgia or from the United States or
from any agency or instrumentality thereof or from any other source, public or
private, Albany-Dougherty County, Georgia shall be deemed a county but shall
also be deemed an incorporated municipality. When state aid or other
grant-in-aid is distributed to any county or municipality on the basis of
population, area, or both, then the entire population and the total area of
Albany-Dougherty County, Georgia and the population or the area of the urban
services district or districts, respectively, shall be considered in calculating
and determining the basis for such distribution. When state aid or other
grant-in-aid is distributed to any county on the basis of rural area, rural road
mileage, or rural population, or any combination thereof, then that area of the
general services district outside of the urban services district shall be deemed
to constitute a rural area, its road mileage to constitute rural road mileage,
and its population to constitute rural population.
Section
8-107.
Amending charter.
Amending charter.
This
charter may be modified, rescinded, changed, or amended by only the following
methods:
(1)
An Act of the General Assembly of Georgia; or
(2)
An ordinance adopted by the board of commissioners of Albany-Dougherty County,
Georgia, as provided for in Article IX, Section II, Paragraph I of the
Constitution of the State of Georgia.
Section
8-108.
Examples of powers.
Examples of powers.
The
powers of Albany-Dougherty County, Georgia shall include, but shall not be
limited to, the following powers:
(1)
Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all
taxable property;
(2)
Other taxes: to levy, assess, and collect other taxes allowed by general law and
in accordance therewith;
(3)
Business regulation and taxation: to levy, assess, and collect occupational
taxes and to license and regulate occupations and businesses. Such taxes may be
based on any criteria or combination of criteria permitted by general
law.
(4)
Appropriations: to make appropriations and expend funds for support of the
consolidated government and any other lawful purpose;
(5)
Debts: to borrow money and issue bonds as authorized by general
law;
(6)
Property: to own property and interests in property;
(7)
Gifts: to accept gifts and grants for any purpose related to the powers and
duties of the consolidated government on such terms as the donor may
impose;
(8)
Condemnation: to condemn property inside the consolidated government for present
or future use;
(9)
Public utilities: to acquire, lease, operate, and dispose of public
utilities;
(10)
Franchises: to grant franchises or make contracts for public utilities and to
prescribe the conditions of such franchises and contracts;
(11)
Roadways: to open, maintain, improve, and close streets and roads and to grant
franchises and rights of way thereon;
(12)
Public facilities: to acquire, operate, and dispose of public buildings, public
projects, parks, cemeteries, recreational facilities, and other public
improvements inside the consolidated government;
(13)
Building regulation: to regulate the building trades and the construction of
buildings and to adopt and enforce building, housing, plumbing, electrical, gas,
heating, and air-conditioning codes;
(14)
Planning and zoning: to adopt land-use plans and exercise the power of zoning,
subdivision regulation, and the like;
(15)
Police power: to exercise the police power for the public safety and well-being
of the citizens of the consolidated and unified government;
(16)
Roadside regulation: to prohibit or regulate signs, billboards, and other items
upon or adjacent to streets and roads;
(17)
Health: to prescribe and enforce health and sanitation standards;
(18)
Pollution: to regulate emissions which pollute the air and water;
(19)
Fire safety: to fix fire limits and prescribe and enforce fire safety
regulations;
(20)
Public hazards: to provide for the destruction or removal of public
hazards;
(21)
Waste disposal: to provide for and regulate the collection, disposal, and
recycling of garbage and wastes;
(22)
Water and sewer fees: to fix and collect water and sewer fees;
(23)
Garbage fees: to fix and collect garbage fees;
(24)
Nuisances: to define and provide for the abatement of nuisances;
(25)
Property protection: to preserve and protect the property of the consolidated
and unified government;
(26)
Prisoners: to provide for public work by prisoners and for their
confinement;
(27)
Animal control: to regulate or prohibit the keeping of animals;
(28)
Motor vehicles: to regulate the operation and parking of motor
vehicles;
(29)
Pensions: to provide and maintain a system of pensions and retirement for
employees and officers of the consolidated and unified government;
(30)
Special assessments: to levy, assess, and collect special assessments to cover
the cost of public improvements;
(31)
Contracts: to enter into lawful contracts and agreements;
(32)
Agencies: to create, alter, or abolish departments, boards, offices,
commissions, authorities, and agencies of the consolidated and unified
government and to confer appropriate authority upon them;
(33)
Penalties: to provide penalties for violations of ordinances of the consolidated
and unified government;
(34)
Police and fire protection: to exercise the power of arrest through appointed
policemen and to operate a fire department;
(35)
Emergencies: to provide for the determination, proclamation, and combating of
emergencies;
(36)
Urban redevelopment: to organize and operate an urban redevelopment program;
and
(37)
General health, safety, and welfare: to define, regulate, and prohibit any act,
practice, conduct, or use of property which is detrimental to the health,
sanitation, cleanliness. welfare, and safety of the inhabitants of the
consolidated and unified government.
Section
8-109.
Effect of repeals.
Effect of repeals.
No
law heretofore repealed, expressly or by implication, shall be revived by the
repeal herein of the repealing Act or by any provision of this charter that
disclaims an intention to repeal or affect enumerated laws.
Section
8-110.
Severability clause.
Severability clause.
If
any provision of this charter or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this charter which can be given effect without the invalid
provision or application, and to this end the provisions of this charter are
declared to be severable.
Section
8-111.
Repeal of conflicting laws.
Repeal of conflicting laws.
All
laws and parts of laws in conflict with this charter are repealed.
ARTICLE
IX
TRANSITION PROVISIONS
TRANSITION PROVISIONS
Section
9-101.
Provision of services during transition.
Provision of services during transition.
In
order to consolidate and unify the two governments and to assure the common and
continued administration of services currently provided by both the City of
Albany and Dougherty County, on the effective date of consolidation and
unification, all services currently provided by the county shall be provided
through the general services district to all residents of the county and all
services provided by the city shall be provided through the urban services
district to the current residents of the City of Albany. Assuming the continued
availability of state and federal funds, these services arrangements shall apply
until modified by the commission.
Section
9-102.
Existing employees.
Existing employees.
(a)
All full-time employees of the City of Albany and Dougherty County and all
full-time employees of any department, office, or agency thereof shall, upon the
termination of the city and county governments and the inception of the
consolidated government, become employees of the consolidated and unified
government or of a department, office, or agency thereof and shall be assigned
to duties as similar in nature as may be practicable within the new
government.
(b) Elimination of the duplication of functions shall be addressed through attrition and reassignment. Therefore, no permanent full-time employee of the City of Albany and Dougherty County at the time of consolidation and unification shall suffer any reduction of salary resulting from the adoption of this charter. However, this salary protection shall not limit the authority of the commission to change employee benefit plans.
(c) Within 12 months of the effective date of this charter the consolidated and unified government shall have begun implementation of a plan that ensures that all employees performing the same functions and having the same responsibilities receive uniform salaries by the end of the third year of operation of the consolidated and unified government.
(b) Elimination of the duplication of functions shall be addressed through attrition and reassignment. Therefore, no permanent full-time employee of the City of Albany and Dougherty County at the time of consolidation and unification shall suffer any reduction of salary resulting from the adoption of this charter. However, this salary protection shall not limit the authority of the commission to change employee benefit plans.
(c) Within 12 months of the effective date of this charter the consolidated and unified government shall have begun implementation of a plan that ensures that all employees performing the same functions and having the same responsibilities receive uniform salaries by the end of the third year of operation of the consolidated and unified government.
Section
9-103.
Effective date of charter.
Effective date of charter.
(a)
Section 9-113 of this charter and this section shall become effective upon their
approval by the Governor or upon their becoming law without such
approval.
(b) Those provisions of this Act necessary for the election of the initial members of the Commission of Albany-Dougherty County, Georgia shall become effective January 1, 2010.
(c) The remaining provisions of this Act shall become effective on January 1, 2011, but only under the conditions specified in Section 9-113 of this charter.
(b) Those provisions of this Act necessary for the election of the initial members of the Commission of Albany-Dougherty County, Georgia shall become effective January 1, 2010.
(c) The remaining provisions of this Act shall become effective on January 1, 2011, but only under the conditions specified in Section 9-113 of this charter.
Section
9-104.
Initial budget.
Initial budget.
(a)
The initial budget of Albany-Dougherty County, Georgia shall be limited to an
amount equal to the combined final budgets of the City of Albany and Dougherty
County immediately preceding consolidation and unification, for the same number
of months as the initial budget up to a maximum of 12
months.
(b) This initial budget limitation shall not apply to any increases needed to satisfy any new, unfunded state or federal mandates, expenses caused by the occurrence of a natural disaster, increases needed to fund any step raises due employees of the consolidated and unified government, or increases needed to keep up with inflation as specified by the United States Consumer Price Index.
(b) This initial budget limitation shall not apply to any increases needed to satisfy any new, unfunded state or federal mandates, expenses caused by the occurrence of a natural disaster, increases needed to fund any step raises due employees of the consolidated and unified government, or increases needed to keep up with inflation as specified by the United States Consumer Price Index.
Section
9-105.
Number of employees.
Number of employees.
For
the first twelve month period after the effective date of this charter, the
total number of employees of the consolidated and unified government shall not
exceed the combined number of employees authorized for the City of Albany and
Dougherty County immediately prior to the effective date of this charter, except
as otherwise specifically mandated by law.
Section
9-106.
Cooperation of former governments.
Cooperation of former governments.
(a)
All officers, officials, and employees of the former City of Albany and
Dougherty County shall cooperate with and assist the board of commissioners, the
administrator, and other officers of Albany-Dougherty County,
Georgia:
(1)
In planning the consolidation and unification of departments, boards,
commissions, and agencies of said former governments and in transferring the
functions, duties, and responsibilities of such departments, boards,
commissions, authorities, and agencies to the appropriate agencies of
Albany-Dougherty County, Georgia; and
(2)
In all other respects in order that the transfer of the governments be
accomplished in the most orderly manner possible. The officers of
Albany-Dougherty County, Georgia shall be entitled to examine all records,
files, and other data in the possession of the former governments and of all
officers, officials, employees, and departments thereof.
(b)
A schedule for activity during the transition period is contained in the
Appendix B attached to and made a part of this charter.
Section
9-107.
Existing ordinances and resolutions continued in effect.
Existing ordinances and resolutions continued in effect.
(a)
Existing ordinances and resolutions of Dougherty County and existing rules and
regulations of county departments or agencies, not inconsistent with the
provisions of this charter, shall continue in effect as ordinances, resolutions,
rules, or regulations of Albany-Dougherty County, Georgia or the appropriate
department or agency thereof until they have been repealed, modified, or
amended. However, if there is a conflict between existing ordinances and
resolutions of Dougherty County and rules and regulations of county departments
or agencies and existing ordinances and resolutions of the City of Albany and
rules and regulations of city departments or agencies, those of Dougherty County
shall only apply to the area of Albany-Dougherty County which lies outside the
urban services district.
(b) Existing ordinances and resolutions of the City of Albany and existing rules and regulations of city departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Albany-Dougherty County, Georgia and shall apply only to the area included within the urban services district until they have been repealed, modified, or amended.
(c) In the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to that territory of Albany-Dougherty County to which such ordinance or resolution applied prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict.
(d) Within 24 months of the effective date of the charter, the commission shall have reviewed all ordinances and resolutions and shall take whatever action is necessary to remove any conflicts continued by this section in order to produce a uniform body of ordinances and resolutions which is free of any conflicts and contradictions between such provisions.
(b) Existing ordinances and resolutions of the City of Albany and existing rules and regulations of city departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Albany-Dougherty County, Georgia and shall apply only to the area included within the urban services district until they have been repealed, modified, or amended.
(c) In the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to that territory of Albany-Dougherty County to which such ordinance or resolution applied prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict.
(d) Within 24 months of the effective date of the charter, the commission shall have reviewed all ordinances and resolutions and shall take whatever action is necessary to remove any conflicts continued by this section in order to produce a uniform body of ordinances and resolutions which is free of any conflicts and contradictions between such provisions.
Section
9-108.
Contracts and obligations.
Contracts and obligations.
(a)
Except as otherwise provided by this charter, all contracts, orders, leases,
bonds, and other obligations or instruments entered into by Dougherty County or
the City of Albany or for the benefit of either the county or the city prior to
the effective date of this charter shall continue in effect according to the
terms thereof as obligations and rights of Albany-Dougherty County, Georgia;
provided, however, any obligation created by Dougherty County or the City of
Albany to become effective after the date of approval of this charter and prior
to the effective date of this charter shall be subject to ratification and
approval by the commission of Albany-Dougherty County, Georgia within six months
following the effective date of this
charter.
(b) No pending action or proceeding of any nature, whether civil, criminal, judicial, administrative, or other, by or against the City of Albany or Dougherty County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and Albany-Dougherty County, Georgia shall stand substituted as a party in lieu thereof.
(b) No pending action or proceeding of any nature, whether civil, criminal, judicial, administrative, or other, by or against the City of Albany or Dougherty County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and Albany-Dougherty County, Georgia shall stand substituted as a party in lieu thereof.
Section
9-109.
Dissolution of existing governments.
Dissolution of existing governments.
(a)
On the effective date of this charter, the charter of the City of Albany,
approved August 18, 1923 (Ga. L. 1923, p.370), as amended, is repealed in
its entirety.
(b) On the effective date of this charter, the board of commissioners of the City of Albany and the board of commissioners of Dougherty County and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Dougherty County and the City of Albany shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in Albany-Dougherty County, Georgia.
(b) On the effective date of this charter, the board of commissioners of the City of Albany and the board of commissioners of Dougherty County and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Dougherty County and the City of Albany shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in Albany-Dougherty County, Georgia.
Section
9-110.
Transfer of records and equipment.
Transfer of records and equipment.
When
an agency of the City of Albany or of Dougherty County is abolished or
consolidated by this charter, all books, papers, maps, charts, plans, records,
other equipment, and personal property in possession of the same shall be
delivered to the agency to which its rights, powers, duties, and obligations are
transferred.
Section
9-111.
Officers serve until successors qualify.
Officers serve until successors qualify.
Notwithstanding
any other provision of this charter, any officer performing duties under the
government of the City of Albany or Dougherty County shall continue to perform
the duties thereof until a successor, whether under the same title or office of
another, shall be elected or appointed and qualified to perform the duties, it
being the intention hereof that no duty or services shall lapse or be abandoned
because of lack of an officer to perform same.
Section
9-112.
Changes required by the U.S. Department of Justice.
Changes required by the U.S. Department of Justice.
In
order to ensure that a referendum on the question of the creation of the
consolidated and unified government of Albany-Dougherty County, Georgia will be
held on the earliest possible date, the General Assembly, as provided in Article
IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia,
hereby authorizes the members of the Albany-Dougherty Governmental Charter
Commission, in consultation with the Dougherty County legislative delegation,
the power to amend the charter to satisfy any required changes raised by the
United States Department of Justice.
Section
9-113.
Referendum on the charter.
Referendum on the charter.
(a)
As soon as practicable after receipt of the certified copy of the proposed
charter and after receipt of approval from the United States Department of
Justice for a referendum on the proposed charter, it shall be the duty of the
superintendent of elections of Dougherty County to call a special election for
approval or rejection of the proposed charter. The superintendent of elections
shall cause the date and purpose of the election to be published once a week for
two calendar weeks immediately preceding the date thereof in the official legal
organ of Dougherty County. The ballot shall have written or printed thereon the
following:
"( ) YES
( ) NO
|
Shall
the charter reorganizing and consolidating the governments of the City of Albany
and Dougherty County and creating a single county-wide government to supersede
and replace those governments be approved?"
|
(b)
All persons desiring to vote for approval of the charter shall vote "yes," and
those persons desiring to vote for rejection of the charter shall vote "no." If
more than one-half of the votes cast by the qualified voters of Dougherty County
residing within the corporate limits of the City of Albany are for approval of
the charter and if more than one-half of the total number of votes cast by all
the qualified voters of Dougherty County are for approval of the charter, then
the charter shall become effective. Otherwise, it shall be void and of no force
and effect. The expense of such election shall be borne equally by the City of
Albany and Dougherty County.
(c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code."
(d) A qualified voter, as used in this Act, shall mean a voter of Dougherty County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of State. The superintendent of elections shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Albany who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Dougherty County who shall attach the same to the copy of the charter previously certified to him or her.
(e) Whenever a charter for the consolidation and unification of the governments of the City of Albany and Dougherty County has been accepted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Albany and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Dougherty County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and copies so certified shall be deemed duplicate original copies of the charter of Albany-Dougherty County, Georgia for all purposes.
(c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code."
(d) A qualified voter, as used in this Act, shall mean a voter of Dougherty County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of State. The superintendent of elections shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Albany who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Dougherty County who shall attach the same to the copy of the charter previously certified to him or her.
(e) Whenever a charter for the consolidation and unification of the governments of the City of Albany and Dougherty County has been accepted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Albany and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Dougherty County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and copies so certified shall be deemed duplicate original copies of the charter of Albany-Dougherty County, Georgia for all purposes.
Appendix
A
For
the purpose of electing the eight members of the commission from commissioner
districts, the territory of Albany-Dougherty County, Georgia shall be divided
into the following districts:
Plan Name: doughOPT1 Plan Type: LOCAL User: reapp Administrator: LINDA
Plan Name: doughOPT1 Plan Type: LOCAL User: reapp Administrator: LINDA
Redistricting
Plan Components Report
District
001
Dougherty County
Tract: 104.01
BG: 1
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2023 2024 2025 2026
2027 2028 2029 2030 2033 2034 2035 2036 2038 2046 2047 2048
2049 2050
Tract: 104.03
BG: 1
1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022
1023
Tract: 5
BG: 2
2004 2005 2006 2010 2011
BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020
BG: 4
BG: 5
BG: 6
Dougherty County
Tract: 104.01
BG: 1
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2023 2024 2025 2026
2027 2028 2029 2030 2033 2034 2035 2036 2038 2046 2047 2048
2049 2050
Tract: 104.03
BG: 1
1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022
1023
Tract: 5
BG: 2
2004 2005 2006 2010 2011
BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020
BG: 4
BG: 5
BG: 6
District
002
Dougherty County
Tract: 10
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016
BG: 2
Tract: 104.01
BG: 2
2020 2021 2022 2031 2032 2037 2039 2040 2041 2042 2043 2044
2045
Tract: 104.02
Tract: 104.03
BG: 1
1010 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034
1035 1040 1041 1042 1044 1045 1046 1047
Tract: 4
BG: 1
1011 1012 1013 1014 1015 1016 1017 1018 1019 1023 1024 1025
1026 1027 1028
BG: 2
2018 2019 2020 2021 2022 2023 2024 2025
Tract: 5
BG: 1
BG: 2
2000 2001 2002 2003 2007 2008 2009 2012 2013 2014 2015 2016
2017 2018 2019 2020
BG: 3
3021 3022 3023 3024 3025
Tract: 6
Tract: 9
BG: 2
Dougherty County
Tract: 10
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016
BG: 2
Tract: 104.01
BG: 2
2020 2021 2022 2031 2032 2037 2039 2040 2041 2042 2043 2044
2045
Tract: 104.02
Tract: 104.03
BG: 1
1010 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034
1035 1040 1041 1042 1044 1045 1046 1047
Tract: 4
BG: 1
1011 1012 1013 1014 1015 1016 1017 1018 1019 1023 1024 1025
1026 1027 1028
BG: 2
2018 2019 2020 2021 2022 2023 2024 2025
Tract: 5
BG: 1
BG: 2
2000 2001 2002 2003 2007 2008 2009 2012 2013 2014 2015 2016
2017 2018 2019 2020
BG: 3
3021 3022 3023 3024 3025
Tract: 6
Tract: 9
BG: 2
District
003
Dougherty County
Tract: 10
BG: 1
1017
Tract: 104.03
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1036 1037
1038 1039 1043 1048 1049 1050 1051 1052 1053 1054 1055 1056
1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1998 1999
Tract: 105
BG: 1
1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014
1015
BG: 2
Tract: 106.02
BG: 3
3006 3015 3016 3017 3018 3019 3020 3021 3022 3996
Tract: 11
Tract: 12
BG: 2
2017 2018 2019
Tract: 15
BG: 1
1013 1014 1015 1016 1019 1020
BG: 2
2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013
2014 2019 2020 2021 2022
BG: 3
Dougherty County
Tract: 10
BG: 1
1017
Tract: 104.03
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1036 1037
1038 1039 1043 1048 1049 1050 1051 1052 1053 1054 1055 1056
1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1998 1999
Tract: 105
BG: 1
1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014
1015
BG: 2
Tract: 106.02
BG: 3
3006 3015 3016 3017 3018 3019 3020 3021 3022 3996
Tract: 11
Tract: 12
BG: 2
2017 2018 2019
Tract: 15
BG: 1
1013 1014 1015 1016 1019 1020
BG: 2
2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013
2014 2019 2020 2021 2022
BG: 3
District
004
Dougherty County
Tract: 105
BG: 1
1000 1001 1002 1016 1017 1018 1019 1020 1021 1022 1023 1024
1025 1026 1027
Tract: 106.01
Tract: 106.02
BG: 1
BG: 2
BG: 3
3000 3001 3002 3003 3004 3005 3007 3008 3009 3010 3011 3012
3013 3997 3998 3999
Tract: 107
BG: 1
1044 1051 1052
BG: 2
2999
Tract: 109
BG: 1
1000 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014
1015 1016 1017 1018 1019 1020 1021 1022 1023
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2017 2018 2019 2997 2998 2999
BG: 3
Tract: 110
BG: 1
1009 1017 1018 1019 1020
BG: 2
2005 2006 2007 2008 2024 2030 2031 2999
Tract: 14.01
BG: 1
1007 1019 1996 1997 1998
Tract: 14.02
BG: 2
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026
Dougherty County
Tract: 105
BG: 1
1000 1001 1002 1016 1017 1018 1019 1020 1021 1022 1023 1024
1025 1026 1027
Tract: 106.01
Tract: 106.02
BG: 1
BG: 2
BG: 3
3000 3001 3002 3003 3004 3005 3007 3008 3009 3010 3011 3012
3013 3997 3998 3999
Tract: 107
BG: 1
1044 1051 1052
BG: 2
2999
Tract: 109
BG: 1
1000 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014
1015 1016 1017 1018 1019 1020 1021 1022 1023
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2017 2018 2019 2997 2998 2999
BG: 3
Tract: 110
BG: 1
1009 1017 1018 1019 1020
BG: 2
2005 2006 2007 2008 2024 2030 2031 2999
Tract: 14.01
BG: 1
1007 1019 1996 1997 1998
Tract: 14.02
BG: 2
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026
District
005
Dougherty County
Tract: 1
BG: 4
4009 4010 4011 4012 4013 4014 4021 4022 4023 4024 4025 4026
4027 4028 4029 4030 4031
BG: 5
5004
Tract: 101
BG: 1
1030 1031 1032 1033
BG: 2
2018 2019 2020 2021 2022
Tract: 107
BG: 1
1000 1001 1002 1003 1004 1008 1009 1010 1011 1012 1013 1014
1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026
1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038
1039 1040 1041 1042 1043 1045 1046 1047 1048 1049 1050
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024
BG: 3
3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015
3016 3017 3018 3019 3020 3021 3022 3026 3027
Tract: 108
Tract: 109
BG: 1
1001 1002 1003
BG: 2
2015 2016
Tract: 110
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012
1013 1014 1015 1016
BG: 2
2000 2001 2002 2003 2004 2009 2010 2011 2012 2013 2014 2015
2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2028
2029
Tract: 111
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1028 1029 1030 1031 1032
Dougherty County
Tract: 1
BG: 4
4009 4010 4011 4012 4013 4014 4021 4022 4023 4024 4025 4026
4027 4028 4029 4030 4031
BG: 5
5004
Tract: 101
BG: 1
1030 1031 1032 1033
BG: 2
2018 2019 2020 2021 2022
Tract: 107
BG: 1
1000 1001 1002 1003 1004 1008 1009 1010 1011 1012 1013 1014
1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026
1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038
1039 1040 1041 1042 1043 1045 1046 1047 1048 1049 1050
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
2024
BG: 3
3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015
3016 3017 3018 3019 3020 3021 3022 3026 3027
Tract: 108
Tract: 109
BG: 1
1001 1002 1003
BG: 2
2015 2016
Tract: 110
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012
1013 1014 1015 1016
BG: 2
2000 2001 2002 2003 2004 2009 2010 2011 2012 2013 2014 2015
2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2028
2029
Tract: 111
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1028 1029 1030 1031 1032
District
006
Dougherty County
Tract: 1
BG: 1
BG: 2
BG: 3
BG: 4
4000 4001 4002 4003 4004 4005 4006 4007 4008 4015 4016 4017
4018 4019 4020
BG: 5
5000 5001 5002 5003 5005
Tract: 101
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1034 1035 1036 1037 1038 1996
1997 1998 1999
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017
Tract: 103.01
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1997
Tract: 103.02
BG: 1
1015
Tract: 107
BG: 1
1005 1006 1007
BG: 3
3000 3001 3002 3003 3023 3024 3025 3028 3998 3999
Tract: 14.01
BG: 1
1999
Tract: 2
BG: 1
1000 1001 1002 1003 1004 1009 1016 1017 1018 1019 1020 1021
1022 1023
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018
BG: 4
4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023
4024
Dougherty County
Tract: 1
BG: 1
BG: 2
BG: 3
BG: 4
4000 4001 4002 4003 4004 4005 4006 4007 4008 4015 4016 4017
4018 4019 4020
BG: 5
5000 5001 5002 5003 5005
Tract: 101
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1034 1035 1036 1037 1038 1996
1997 1998 1999
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017
Tract: 103.01
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1997
Tract: 103.02
BG: 1
1015
Tract: 107
BG: 1
1005 1006 1007
BG: 3
3000 3001 3002 3003 3023 3024 3025 3028 3998 3999
Tract: 14.01
BG: 1
1999
Tract: 2
BG: 1
1000 1001 1002 1003 1004 1009 1016 1017 1018 1019 1020 1021
1022 1023
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2018
BG: 4
4011 4012 4013 4014 4015 4016 4018 4019 4020 4021 4022 4023
4024
District
007
Dougherty County
Tract: 102
BG: 1
1000 1001 1002 1004 1005 1006 1020 1021 1022 1990 1998 1999
Tract: 103.01
BG: 1
1998 1999
Tract: 103.02
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024
1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036
1037 1038 1039
BG: 2
BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3997 3998
3999
BG: 4
BG: 5
Tract: 12
BG: 2
2012 2013 2014
Tract: 13
Tract: 14.01
BG: 1
1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012
1013 1014 1015 1016 1017 1018
BG: 2
Tract: 14.02
BG: 1
BG: 2
2000 2001 2002 2018
Tract: 15
BG: 1
1006 1007 1008 1009 1010 1011 1012 1017 1018
BG: 2
2000 2005 2015 2016 2017 2018
Tract: 2
BG: 1
1005 1006 1007 1008 1010 1011 1012 1013 1014 1015
BG: 2
2019 2020 2021 2999
BG: 3
BG: 4
4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4017
Tract: 3
BG: 1
1995 1996
Tract: 8
BG: 1
1999
Dougherty County
Tract: 102
BG: 1
1000 1001 1002 1004 1005 1006 1020 1021 1022 1990 1998 1999
Tract: 103.01
BG: 1
1998 1999
Tract: 103.02
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024
1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036
1037 1038 1039
BG: 2
BG: 3
3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011
3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3997 3998
3999
BG: 4
BG: 5
Tract: 12
BG: 2
2012 2013 2014
Tract: 13
Tract: 14.01
BG: 1
1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012
1013 1014 1015 1016 1017 1018
BG: 2
Tract: 14.02
BG: 1
BG: 2
2000 2001 2002 2018
Tract: 15
BG: 1
1006 1007 1008 1009 1010 1011 1012 1017 1018
BG: 2
2000 2005 2015 2016 2017 2018
Tract: 2
BG: 1
1005 1006 1007 1008 1010 1011 1012 1013 1014 1015
BG: 2
2019 2020 2021 2999
BG: 3
BG: 4
4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4017
Tract: 3
BG: 1
1995 1996
Tract: 8
BG: 1
1999
District
008
Dougherty County
Tract: 102
BG: 1
1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018
1019 1983 1984 1985 1986 1987 1988 1989 1991 1992 1993 1994
1995 1996 1997
Tract: 103.02
BG: 3
3996
Tract: 12
BG: 1
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2015 2016
Tract: 15
BG: 1
1000 1001 1002 1003 1004 1005
Tract: 3
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035
1036 1997 1998 1999
BG: 2
Tract: 4
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1020
1021 1022 1029
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2026
BG: 3
Tract: 7
Tract: 8
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031
BG: 2
BG: 3
Tract: 9
BG: 1
Dougherty County
Tract: 102
BG: 1
1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018
1019 1983 1984 1985 1986 1987 1988 1989 1991 1992 1993 1994
1995 1996 1997
Tract: 103.02
BG: 3
3996
Tract: 12
BG: 1
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2015 2016
Tract: 15
BG: 1
1000 1001 1002 1003 1004 1005
Tract: 3
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035
1036 1997 1998 1999
BG: 2
Tract: 4
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1020
1021 1022 1029
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
2012 2013 2014 2015 2016 2017 2026
BG: 3
Tract: 7
Tract: 8
BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023
1024 1025 1026 1027 1028 1029 1030 1031
BG: 2
BG: 3
Tract: 9
BG: 1
Appendix
B
Transition plan and schedule.
Transition plan and schedule.
The
following transition plan shall govern the implementation of this
Act:
Stage 1: Referendum on Charter to Initial Election.
Stage 1: Referendum on Charter to Initial Election.
Upon
approval of the consolidation and unification of the City of Albany and
Dougherty County in a referendum as provided in Section 9-113, a transition team
shall be formed. The transition team will be appointed and charged with
anticipating implementation responsibilities, issues, and opportunities related
to the consolidation and unification of the two governments. Their effort will
involve collecting data, assembling facts, and presenting options to the
officials of Albany-Dougherty County, Georgia when they take office. The
transition team shall not have any decision making power and shall serve in an
advisory function to the new government only until such time as the newly
elected officials assume the responsibilities described below.
The
transition team shall consist of: the city manager; the county administrator;
two appointees of the board of commissioners of the City of Albany; two
appointees of the board of commissioners of Dougherty County; three members of
the Albany-Dougherty County Governmental Charter Commission; one member selected
by the mayor of the City of Albany; one member selected by the chairperson of
the board of commissioners of Dougherty County; and one member selected jointly
by the mayor and chairperson, who shall serve as chair of the transition
team.
Stage
2: Initial Election to January 1, 2011.
The
newly elected government assumes limited powers to plan for the new government.
During this time, the board of commissioners may exercise the following
powers:
(a)
Begin preparation for the appointment of the manager and attorney;
(b)
Hold meetings, establish committees, plan the establishment of boundaries of the
general and urban services districts, and plan for and schedule the initial
organization of Albany-Dougherty County, Georgia in accordance with the
applicable provisions of this charter. The commission shall be authorized to
receive and expend appropriations from the board of commissioners of the City of
Albany and the board of commissioners of Dougherty County for the purposes of
performing its responsibilities as provided in this charter;
(c)
Begin preparation of the initial budget; and
(d)
Begin preparation of plans and schedules for the consolidation and unification
of the various departments and agencies of the City of Albany and Dougherty
County;
Stage
3: January 1, 2011, to June 30, 2011.
The
board of commissioners of Albany-Dougherty County, Georgia takes office
operating under the initial budget as provided for in this charter. The budget
for FY 2012 is prepared. During this period the government would begin
combining operations.
Stage
4: July 1, 2011, to June 30, 2012.
The
consolidated and unified government begins operations under the first
consolidated and unified government budget.