Bill Text: GA SB189 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Stockbridge, City of; form of government; change provisions
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-04-14 - Senate Disagrees House Amend/Sub [SB189 Detail]
Download: Georgia-2011-SB189-Comm_Sub.html
Bill Title: Stockbridge, City of; form of government; change provisions
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-04-14 - Senate Disagrees House Amend/Sub [SB189 Detail]
Download: Georgia-2011-SB189-Comm_Sub.html
11 LC
21 1275S
The
House Committee on Intragovernmental Coordination - Local Legislation
offers
the
following substitute to SB 189:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Stockbridge, approved April
4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to change provisions relating
to the form of government of the City of Stockbridge, Georgia; to revise,
restate, and modernize certain provisions of said Act; to revise certain
provisions related to the powers and duties of the mayor; to revise certain
provisions related to vetoes; to provide for the office of city administrator
and establish powers and duties of said position; to provide for public
meetings; to provide for a statement of legislative intent; to provide for two
referenda; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
A
SECTION 1A.
SECTION 1A.
An
Act providing a new charter for the City of Stockbridge, approved April 4, 1991
(Ga. L. 1991, p. 4359), as amended, is amended by striking Sections 3.21, 3.22,
3.23 and inserting in lieu thereof new Sections 3.21, 3.22, 3.23 and by adding a
new Section 4.16 to read as follows:
"SECTION
3.21.
Chief executive officer; delegation of powers.
Chief executive officer; delegation of powers.
The
mayor shall be the chief executive of this city, a member of and the presiding
officer of the city council, and responsible for the efficient and orderly
administration of the city's affairs as expressly provided by the Constitution
and laws of the State of Georgia and in this charter. The mayor shall have the
authority to delegate any one or more executive powers to the mayor pro tempore
or city administrator.
SECTION
3.22.
Powers and duties of mayor.
Powers and duties of mayor.
As
the chief executive of this city, the mayor shall have the following powers and
duties:
(1)
See that all laws and ordinances of the city are faithfully
executed;
(2)
Preside at all meetings of city council;
(3)
Be the head of the city to accept service of process on behalf of the
city;
(4)
Represent the city for ceremonial purposes;
(5)
Appoint members of committees formed by the city council as well as the
chairpersons and officers of said committees;
(6)
Exercise supervision over the city administrator and in the event of a
disagreement about the scope of the mayor's power provided in this section, the
city administrator shall act in conformance with the instructions of the mayor
and the matter shall be expeditiously brought before the council for a final
determination;
(7)
Require the city administrator to submit written reports on a quarterly basis
not to exceed four per year unless otherwise authorized by the
council;
(8)
Require the city administrator to meet with the mayor at a time and place
designated for consultation and advice upon the affairs of the
city;
(9)
Except as otherwise provided by this charter or general law, make
recommendations to the council regarding the appointment of department heads by
nominating at least two qualified candidates for any open department head
position. In the event the council rejects all recommendations, the mayor shall
interview and shall make additional recommendations to the council until the
position is filled. So that the responsibilities of the position will be
carried out and the business of the city continue uninterrupted, the mayor may
nominate and the council may appoint a person to serve as an interim department
head for a period of up to 60 days;
(10)
With the assistance of the city administrator, prepare and submit to the council
a recommended annual operating budget and recommended capital budget which may
be adopted only by ordinance and in accordance with state law;
(11)
Submit to the council at least every quarter a statement coveting the financial
conditions of the city;
(12)
Call special meetings of the city council as provided for in Section 3.13 of
this charter;
(13)
Participate in the discussion of all matters brought before the city council and
vote on such matters only in the case of a tie vote;
(14)
Recommend to the city council such measures relative to the affairs of the city,
improvement of the government, and promotion of the welfare of its inhabitants
as the mayor may deem expedient;
(15)
Approve or disapprove ordinances and resolutions as provided in Section 3.23 of
this charter;
(16)
Sign as a matter of course all written contracts, ordinances, resolutions,
proclamations, and other instruments executed by the city which by law are
required to be in writing; and
(17)
Perform such other duties as may be required by general state law and by
ordinance or resolution of the city council which are not in conflict with
general state law or this charter.
SECTION
3.23.
Submission of ordinances and resolutions to the mayor; veto power.
Submission of ordinances and resolutions to the mayor; veto power.
(a)
Presentment after adoption. Every ordinance and resolution adopted by the city
council shall be presented by the city clerk to the mayor within three days
after its adoption. Except as provided in subsection (b) of this section, all
powers, duties, and actions applicable to ordinances under this section are also
applicable to any action or resolution of the city council to acquire real
property on behalf of the city.
(b)
Ordinances and resolutions generally. Within ten days after the adoption of an
ordinance or resolution, the mayor shall return the ordinance or resolution to
the city clerk with or without his or her approval and signature or with his or
her disapproval. If the ordinance or resolution has been approved by the mayor,
it shall become law upon its return to the city clerk or in accordance with the
effective date specified in the ordinance or resolution. If the ordinance or
resolution is returned to the clerk neither approved nor disapproved or is not
returned to the clerk at all within ten days after adoption it shall become law
on the eleventh day after its adoption by the city council. If the ordinance or
resolution is disapproved, the mayor shall submit to the city council through
the city clerk a written statement of the reasons for the veto at the same time
that the or resolution ordinance or resolution is returned to the clerk. The
failure to provide a written statement of the reasons for the veto will not
invalidate the veto. The city clerk shall record upon the ordinance or
resolution the date of its delivery to and receipt from the mayor.
(c)
Resolutions regarding acquisition of property. As a narrow exception to the
general proposition that resolutions are not subject to mayoral veto,
resolutions regarding acquisition of property shall be subject to the following
procedure: within ten days after the adoption of a resolution regarding the
acquisition of property, the mayor shall return the resolution to the city clerk
with or without his or her approval and signature or with his or her
disapproval. If the resolution has been approved by the mayor, it shall become
law upon its return to the city clerk or in accordance with the effective date
specified in the resolution. If the resolution is returned to the clerk neither
approved nor disapproved or is not returned to the clerk at all within ten days
after adoption it shall become law on the eleventh day after its adoption by the
city council. If the resolution is disapproved, the mayor shall submit to the
city council through the city clerk a written statement of the reasons for the
veto at the same time that the resolution is returned to the clerk. The city
clerk shall record upon the resolution the date of its delivery to and receipt
from the mayor.
(d)
Override of veto: generally. Ordinances and resolutions vetoed by the mayor
shall be presented by the city clerk to the city council at its next regular
meeting along with the mayor's written basis for said veto within the time set
forth above and, except as otherwise provided in this section, should the city
council override the veto of the ordinance with five or more councilmembers
voting in favor thereof, it shall become law. The mayor shall not be counted as
or considered a member of the city council for the purpose of any veto override
vote. No subsequent veto shall be permitted.
(e)
Override of veto: ordinances and resolutions regarding acquisition of property.
Any ordinance or resolution regarding the acquisition of real property shall
require the affirmative vote of all five councilmembers to override the mayor's
veto. The mayor shall not be counted as or considered a member of the city
council for the purpose of any veto override vote. No subsequent veto shall be
permitted.
(f)
Items of appropriation. The mayor may disapprove or reduce any item or items of
appropriation in any ordinance or resolution. The approved part or parts of any
ordinance or resolution making appropriations shall become law, and the part or
parts disapproved shall not become law unless subsequently passed by the city
council over the mayor's veto as provided in this section. The reduced part or
parts shall be presented to the city council as though disapproved and shall not
become law unless overridden by the council voting with at least five members of
the council voting in favor to override. The mayor shall not be counted as or
considered a member of the city council for the purpose of any veto override
vote.
(g)
Required presence of councilmembers. In the event the minimum number of
councilmembers necessary to override a veto are not present as required above,
the matter shall continue to be noticed and shall be voted upon at the next
general meeting where a minimum number of councilmembers are
present."
"SECTION
4.16.
City administrator.
City administrator.
(a)
Within 60 days of a vacancy in the position of city administrator, the mayor
shall recommend to the council at least two qualified candidates for the
position of city administrator. In the event the council rejects the mayor's
recommended candidates, the mayor shall have an additional 15 days to interview
qualified candidates and make additional recommendations to the council. The
council may accept or reject the mayor's additional recommended
candidates.
(b)
The council shall employ a city administrator pursuant to a written contract and
shall fix the city administrator's compensation therein. Said administrator
shall serve at the pleasure of the mayor and city council. The city
administrator shall be employed without regard to political beliefs and solely
on the basis of said individual's executive and administrative qualifications
with special reference to his or her educational background and actual
experience in, and knowledge of, the duties of office as hereinafter
prescribed.
(c)
Powers and duties of city administrator. The city administrator shall be the
chief administrative officer of the city. The administrator must devote all of
his or her working time and attention to the affairs of the city and shall be
responsible to the mayor and city council for the administration of all city
affairs placed in the administrator's charge by or under this charter. As the
chief administrative officer, the administrator shall have the following powers
and duties:
(1)
Assist the mayor as needed with preparation of the annual operating budget and
capital budget to be presented to the city council;
(2)
Act as a liaison between the mayor and city council and the public by responding
to inquiries and resolving conflicts;
(3)
Represent the mayor and city council at various meetings and social functions as
directed;
(4)
Develop materials for meetings of the city council; attend all council meetings,
unless excused there from; attend committee meetings when requested; make
recommendations to the city council as needed; and implement decisions made by
the council. The city administrator shall be given notice of all regular and
special meetings of the council;
(5)
Administer policies and programs as approved by the city council by directing
departments in the procedures necessary for implementation;
(6)
Supervise the purchase of all materials, supplies, and equipment after
soliciting bids from qualified contractors, which are necessary for the
operation and maintenance of the city services, for amounts up to and including
$10,000.00 for which funds are provided in the budget; receive written bids from
at least three qualified contractors for purchases or contracts in excess of
$10,000.00; and present all bids to the mayor and council;
(7)
Keep the council advised of the financial and administrative affairs affecting
the city; prepare progress reports; submit to the city council and the mayor and
make available to the public a complete report on the finances and
administrative activities of the city as of the end of each fiscal year; and
make such recommendations as may be deemed desirable;
(8)
Develop short-term and long-term plans for city operations and act as city's
principal liaison on economic development activities;
(9)
Recommend to the governing body from time to time adoption of such measures as
may be deemed necessary or expedient for the health, safety, or welfare of the
community or for the improvement of administrative services;
(10)
Investigate the affairs of the city or any department or division thereof;
investigate all complaints in relation to matters concerning the administration
of the government of the city and with regard to services maintained by the
public utilities in the city; and see that all franchises, permits, and
privileges granted by the city are faithfully observed;
(11)
Provide reports and information to the media as requested and upon approval of
the mayor;
(12)
Supervise all department heads and city employees;
(13)
Execute documents on behalf of the mayor where so authorized in a written
document describing the authority granted and executed by the
mayor;
(14)
Appoint and employ all necessary employees of the city, provided that excepted
from the power of this appointment and employment are those officers and
employees who, by this charter, are appointed or elected by the mayor or city
council;
(15)
Direct and supervise all department heads and city employees and the
administration of all departments, offices, and agencies of the city, except as
otherwise provided by this charter or by law;
(16)
Make recommendations to the mayor and city council regarding qualified
candidates to fill open positions within the city;
(17)
Exercise supervision and control of all departments and all divisions created in
this charter or that hereafter may be created by the council except as otherwise
provided in this charter or general law;
(18)
Suspend with or without pay for up to 30 days in accordance with the city's
personnel policy and general law, where applicable, any city employee serving
under the supervision of the city administrator;
(19)
Remove employees below the level of a department head in accordance with the
city's personnel policy and general law, without the consent of the city council
and without assigning any reason therefor;
(20)
Recommend the suspension, termination, or other reprimand of a department head
nominated by the mayor and appointed by the city council, which the city
administrator must present to the mayor within two business days thereof in
writing; and, absent a written objection from the mayor within five calendar
days of the notice of same to the mayor from the city administrator, said
personnel action shall be imposed;
(21)
Make such other reports as the mayor or city council may require concerning the
operations of city departments, offices, and agencies subject to the
administrator's direction and supervision; and
(22)
Perform other such duties as may be required by the mayor and council which are
specified in this charter or as may be required by the city council and which
are not inconsistent with the city charter, laws, ordinances, or
resolutions.
(d)
Council interference with administration. Except for the purpose of inquiries
and investigations made pursuant to this charter, the mayor, city council, and
individual members of city council shall deal with city employees who are
subject to the direction and supervision of the city administrator solely
through the city administrator. Neither the mayor nor any individual
councilmember shall give orders to any such employee, either publicly or
privately. In the event of an emergency arising at the time of the death,
incapacity, or unavailability of the city administrator, the following persons
in this order of succession may direct city employees, may authorize
expenditures, execute expenditure documents, and execute checks and may perform
necessary functions and exercise necessary powers: mayor and then mayor pro
tempore. For purposes of this subsection, 'unavailability' in general means
that it is not possible for city employees responding to the emergency to
contact and receive a response from the city administrator or enumerated
successor by telephone or electronic means for a consecutive period of four
hours or greater, or that the city administrator or enumerated successor is
incapable of responding for a consecutive period of four hours or greater.
Additionally, if an emergency occurs which needs immediate attention and the
mayor has attempted to contact the city administrator by telephone and
electronic means but has been unsuccessful in establishing contact and
thereafter the mayor consults with the department head in charge of the
department which the mayor believes is most appropriate to respond to the
emergency, then, based on the succession rules stated above, the mayor may
exercise the aforementioned duties necessary to respond to such emergency until
the city administrator becomes available and able to perform the duties required
for such emergency."
SECTION
2A.
The
city council shall conduct public meetings for the purpose of explaining and
discussing the changes to city government wrought by this part of this Act and
to receive comments and answer questions from the public. At least one such
public meeting shall be held in the months of August, September, and October of
2011 and shall be attended by the mayor, the city council, and the city
attorney. Notice of such meeting shall be published at least once in the
official organ of Henry County and shall be posted on the city website. In
addition, the city council shall cause signs to be posted in public places
including, without limitation, the city hall, giving notice of the time, place,
and purpose of such meetings.
SECTION
3A.
The
election superintendent of the City of Stockbridge shall call and conduct an
election as provided in this section for the purpose of submitting Part A of
this Act to the electors of the City of Stockbridge for approval or rejection.
The election superintendent shall conduct that election on the Tuesday next
following the first Monday in November, 2011, and shall issue the call and
conduct that election as provided by general law. The election superintendent
shall cause the date and purpose of the election to be published once a week for
two weeks immediately preceding the date thereof in the official organ of Henry
County. The ballot shall have written or printed thereon the
words:
"( ) YES
( ) NO
|
Shall
an act be approved to change the City of Stockbridge's charter to a 'Weak
Mayor,' and provide for a 'City Administrator' approved by the City Council and
for other purposes?"
|
All
persons desiring to vote for approval of Part A of this Act shall vote "Yes,"
and those persons desiring to vote for rejection of Part A of this Act shall
vote "No." If more than one-half of the votes cast on such question are for
approval of Part A of this Act, Section 1A of this Act shall become of full
force and effect on January 1, 2012. If Part A of this Act is not so approved
or if the election is not conducted as provided in this section, Section 1A of
this Act shall not become effective and Part A of this Act shall be
automatically repealed on the first day of January immediately following that
election date. The expense of such election shall be borne by the City of
Stockbridge. It shall be the election superintendent's duty to certify the
result thereof to the Secretary of State.
PART
B
SECTION 1B.
SECTION 1B.
It
is the intent of the General Assembly to determine the wishes of the citizens of
the City of Stockbridge with regard to reforming the city government so as to
provide for a mayor and six councilmembers, with the mayor and two
councilmembers elected from the city at large and four councilmembers elected
from designated council districts.
SECTION
2B.
The
city council shall conduct public meetings for the purpose of examining and
discussing the will of the citizens concerning changing the city government as
suggested in Section 1B of this Act and to receive comments and answer questions
from the public. At least one such public meeting shall be held in the months
of August, September, and October of 2011 and shall be attended by the mayor,
the city council, and the city attorney. Notice of such meeting shall be
published at least once in the official organ of Henry County and shall be
posted on the city website. In addition, the city council shall cause signs to
be posted in public places including, without limitation, the city hall, giving
notice of the time, place, and purpose of such meetings.
SECTION
3B.
The
election superintendent of the City of Stockbridge shall call and conduct an
election as provided in this section for the purpose of submitting Part B of
this Act to the electors of the City of Stockbridge for approval or rejection.
The election superintendent shall conduct that election on the Tuesday next
following the first Monday in November, 2011, and shall issue the call and
conduct that election as provided by general law. The election superintendent
shall cause the date and purpose of the election to be published once a week for
two weeks immediately preceding the date thereof in the official organ of Henry
County. The ballot shall have written or printed thereon the
words:
"( ) YES
( ) NO
|
Shall
an act be approved to Change the City of Stockbridge's Charter to allow for
clearly defined dedicated districts for accountable city council
representation?"
|
All
persons desiring to vote for approval of Part B of this Act shall vote "Yes,"
and those persons desiring to vote for rejection of Part B of this Act shall
vote "No." The General Assembly shall take the results of such referendum into
consideration when considering amending the city charter through local
legislation. The expense of such election shall be borne by the City of
Stockbridge. It shall be the election superintendent's duty to certify the
result thereof to the Secretary of State.
PART
C
SECTION 1C.
SECTION 1C.
It
is the intent of the General Assembly that nothing in this Act shall be
construed so as to amend the city charter except as expressly provided in Part A
of this Act including, without limitation, the provisions of subsection (e) of
Section 3.23 requiring the vote of all elected councilmembers to override a
mayor's veto. The General Assembly expresses confidence that the governing
authority of the City of Stockbridge is aware of the prohibition imposed by
paragraph (1) of subsection (a) of Code Section 36-35-6 of the O.C.G.A. against
any local ordinance affecting the composition and form of the municipal
governing authority.
SECTION
2C.
All
laws and parts of laws in conflict with this Act are repealed.