---
title: HB 1005. Austell, City of; provide for a city manager; revise powers and duties of city council committees, the mayor, and department directors
collection: bills
id: 2025-2026/hb1005
cite_as: HB 1005, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1005
md_url: https://georgiacommons.org/bills/2025-2026/hb1005.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1005/text
source_url: https://www.legis.ga.gov/legislation/72300
date: 2026-05-11
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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next: https://georgiacommons.org/bills/2025-2026/hb1006.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 887
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1005.md?full=1
bill_number: HB 1005
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-11
last_action: Effective Date 2026-05-11
sponsors:
  - David Wilkerson
  - Kimberly Alexander
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1005/2025
upstream_id: 2085233
summaries_model: claude-sonnet-5
topic_tags:
  - Austell city government
  - city charter changes
  - city manager
  - local government structure
  - municipal administration
---

# HB 1005. Austell, City of; provide for a city manager; revise powers and duties of city council committees, the mayor, and department directors

## Text

House Bill 1005 (AS PASSED HOUSE AND SENATE)
By: Representatives Wilkerson of the 38th and Alexander of the 66th
A BILL TO BE ENTITLED
AN ACT
To amend an Act providing a new charter for the City of Austell, approved March 28, 1986
(Ga. L. 1986, p. 4902), as amended, particularly by an Act approved April 4, 1991 (Ga. L.
1991, p. 4498) and an Act approved April 5, 1993 (Ga. L. 1993, p. 4503), so as to provide
for a city manager; to revise the powers and duties of city council committees, the mayor,
and department directors to reflect the establishment of a city manager; to provide for the
appointment, removal, and powers of the city manager and city council; to provide for an
acting city manager; to prohibit mayor and council interference with the administration of
the city departments; to revise provisions related to the hiring and removal of department
directors; to provide for related matters; to provide for effective dates; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing a new charter for the City of Austell, approved March 28, 1986
(Ga. L. 1986, p. 4902), as amended, particularly by an Act approved April 4, 1991 (Ga. L.
1991, p. 4498) and an Act approved April 5, 1993 (Ga. L. 1993, p. 4503), is amended in
Section 2.17 by revising subsection (b) as follows:
"(b) The city council shall, through its respective committees, supervise the city manager
in the administration of the various departments of the city. In supervising the city
manager, department directors, and administering its other duties, the city council shall
follow the administrative procedures set forth in this charter, city ordinance, or general
state law. When the city council deems it necessary for the good of the city, the city
council by majority vote may suspend or remove any city employee or take whatever
employment actions that the city council deems necessary."
SECTION 2.
Said Act is further amended by revising Section 2.20 as follows:
"SECTION 2.20.
Rules of procedure and committee appointment.
(a) The city council shall adopt its rules of procedure and order of business consistent with
the provisions of this charter and shall provide for keeping minutes of its proceedings,
which shall be a public record.
(b) The mayor shall appoint, at the first regular council meeting of each year, a council
committee to supervise each department of the city in the management of the respective
administrative departments established in Section 3.10 of this charter. Each council
committee shall consist of at least two council members other than the mayor. The mayor
shall be an ex officio member of each committee.
(c) The mayor shall appoint a chairperson and vice chairperson of each council committee.
The chairperson shall preside at council committee meetings. The chairperson shall be the
liaison between the city manager, the department director, and the council committee.
(d) The council committee shall review administrative items presented by the city manager
or the department director and shall either disapprove the item without submission to the
city council or recommend to the city council that such item be approved or disapproved.
Any item disapproved by the council committee may nonetheless be presented to the city
council by the city manager as an agenda item for approval or disapproval by the full city
council.
(e) Each council committee chairperson shall have the right to call meetings of the council
committee and shall have the power from time to time to authorize budgeted purchases up
to a dollar amount set by the council without first obtaining specific committee or council
approval of the item, provided that all other provisions of the charter and the ordinances
of the city are complied with, including bid requirements, if applicable. Approval for such
expenditures shall be documented with a copy provided to the city manager and the
director of finance as soon as possible prior to the purchase.
(f) Each council committee shall have the power from time to time to authorize budgeted
purchases up to a dollar amount set by the council without first obtaining specific city
council approval for the item, provided that all other provisions of the charter and the
ordinances of the city are complied with, including bid requirements, if applicable.
Approval for such expenditures shall be documented with a copy provided to the city
manager and the director of finance as soon as possible prior to the purchase.
(g) The vice chairperson shall be authorized to act as the chairperson of the council
committee upon the absence, disability, or death of the chairperson until such absence or
disability ceases or until a new chairperson is appointed by the mayor at a regular city
council meeting."
SECTION 3.
Said Act is further amended by revising Sections 2.27 through 2.31 as follows:
"SECTION 2.27.
City manager; appointment; qualifications; compensation.
The mayor shall nominate and the city council shall appoint a city manager for an
indefinite term who shall hold office at the pleasure of the city council. The city manager
shall also be known as 'the manager.' The city council shall fix the city manager's
compensation. The manager shall be appointed solely on the basis of executive and
administrative qualifications.
SECTION 2.28.
Removal of city manager.
(a) The city council may remove the manager from office in accordance with the following
procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a
preliminary resolution which shall state the reasons for removal and may suspend the
manager from duty for a period not to exceed 45 days. A copy of the resolution shall be
delivered promptly to the manager;
(2) Within five days after a copy of the resolution is delivered to the manager, the
manager may file with the city council a written request for a public hearing. Such
hearing shall be held within 30 days after the request is filed. The manager may file with
the city council a written reply not later than five days before the hearing; and
(3) If the manager has not requested a public hearing within the time specified in
paragraph (2) of this subsection, the city council may adopt a final resolution for removal,
which may be made effective immediately, by an affirmative vote of a majority of all its
members. If the manager has requested a public hearing, the city council may adopt a
final resolution for removal, which may be made effective immediately, by an affirmative
vote of a majority of all its members at any time after the public hearing.
(b) The manager may continue to receive his or her salary until the effective date of a final
resolution for removal.
SECTION 2.29.
Acting city manager.
By a letter filed with the city clerk, the manager shall designate, subject to approval of the
city council, a qualified city administrative officer to exercise the powers and perform the
duties of manager during the manager's temporary absence or physical disability or for the
duration of a mental disability. During such absence or disability, the city council may
revoke such designation at any time and appoint another officer of the city to serve until
the manager shall return or the manager's disability shall cease.
SECTION 2.30.
Powers and duties of the city manager.
The city manager shall be the chief executive and administrative officer of the city. The
manager shall be responsible to the city council for the administration of all city affairs
placed in the manager's charge by or under this charter. As the chief executive and
administrative officer, the manager shall:
(1) Subject to approval by the city council, hire and remove department directors;
(2) Appoint and, when the manager deems it necessary for the good of the city, suspend
or remove any city employee, except as otherwise provided by this charter, law, or
personnel ordinances adopted pursuant to this charter. The manager may authorize any
department director who is subject to the manager's direction and supervision to exercise
these powers with respect to subordinates in that officer's department, office, or agency
of the city;
(3) Direct and supervise the administration of all departments, offices, and agencies of
the city, except as otherwise provided by this charter or by law;
(4) Attend all city council meetings except for closed meetings held for the purposes of
deliberating on the appointment, discipline, or removal of the city manager and have the
right to take part in discussion but not to vote;
(5) See that all laws, provisions of this charter, and acts of the city council, subject to
enforcement by the manager or by officers subject to the manager's direction and
supervision, are faithfully executed;
(6) Prepare and submit the annual operating budget and capital budget to the city
council;
(7) Submit to the city council and make available to the public a complete report on the
finances and administrative activities of the city as of the end of each fiscal year;
(8) Make such other reports as the city council may require concerning the operations
of city departments, offices, and agencies subject to the manager's direction and
supervision;
(9) Keep the city council fully advised as to the financial condition and future needs of
the city, and make such recommendations to the city council concerning the affairs of the
city as the manager deems desirable; and
(10) Perform other such duties as are specified in this charter or as may be required by
the city council.
SECTION 2.31.
Council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.16, and as otherwise
provided for in this charter, the mayor, the city council, and individual councilmembers
shall deal with city officers and employees who are subject to the direction and supervision
of the manager solely through the manager. The mayor, the city council, and individual
councilmembers shall not give orders to any such officer or employee, either publicly or
privately."
SECTION 4.
Said Act is further amended by revising Section 2.34 as follows:
"SECTION 2.34.
Powers and duties of the mayor.
The mayor shall have the following powers and duties:
(1) To preside at all meetings of the city council and to have the right to take part in the
deliberations of the council, but shall not have the right to vote on any question except
in the case of a tie;
(2) To be the official head and spokesperson for the city for service of process and
ceremonial purposes;
(3) To sign as a matter of course all written contracts, ordinances, deeds, and other
instruments executed by the city which by law are required to be in writing;
(4) To cosign, along with the director of finance, all checks for the payment of money;
alternate signatories may be designated by city ordinance;
(5) To have the veto power as hereinafter set out in Section 2.35;
(6) To call special meetings of the city council as provided herein;
(7) To appoint at the first meeting each year, or as soon thereafter as expedient, for a
term of that year, a gas system liaison and members of the following standing
committees: police; fire; water, sewer, and mechanic; street and sanitation; general
administration; finance; community affairs; parks; and such other committees as the
mayor and council may deem necessary;
(8) To pardon or parole any offender against the ordinances of the city; and
(9) To perform such other duties as may be required by general state law, this charter,
or city ordinance."
SECTION 5.
Said Act is further amended in Section 3.10 by revising subsection (d) as follows:
"(d) There shall be a director of each operating department. In the event of vacancy of a
department director position, a new department director shall be appointed by the city
manager, subject to approval by majority vote of the city council. A department director
may only be removed by the city manager with the approval by majority vote of the city
council."
SECTION 6.
Said Act is further amended by revising Section 3.11 as follows:
"SECTION 3.11.
Powers and duties of the department directors.
The department director shall be the administrative official of the department and shall be
responsible to the city manager for the administration of his or her department. The
department directors shall have the following powers and duties:
(1) To hire, appoint, evaluate, reprimand, and subject to adverse disciplinary action all
city employees supervised by the department directors within their departments, except
as otherwise provided by general state law, this charter, city ordinance, or personnel
policies adopted pursuant to this charter. The procedure to be followed by the department
directors in fulfilling such duties shall be governed by the personnel policies as adopted
by the city council;
(2) To attend all city council meetings and their respective committee meetings;
(3) To submit to the finance director an annual budget for their respective departments.
The department budgets shall be compiled into a proposed balanced budget by the city
manager and the finance director and submitted to the finance committee for review and
recommendation to the city council for approval;
(4) To advise the city manager as to the future needs of their departments;
(5) To make any report as the city manager, the city council, or a council committee may
require concerning the operation of their departments and of any employees subject to
their direction and supervision;
(6) To prepare an inventory showing all real and personal property utilized by their
departments and to submit such inventory to the city manager for compilation;
(7) With the approval of the city manager, to make budgeted purchases from time to time
of supplies, materials and equipment for their departments up to a dollar amount set by
the council without first obtaining specific approval of the council committee
chairperson, the council committee, or the city council, provided that all other provisions
of this charter and the ordinances of the city are complied with, including bid
requirements, if applicable. All purchases in excess of such amount shall be approved
by the committee chairperson, the council committee, or the city council, depending on
the amount of the expenditure;
(8) To recommend to the city manager and council committee items of city personal
property which the department director deems to be unnecessary or unfit for the use by
the city. Upon approval by the council committee, and subject to the supervision of the
city manager, the department director shall conduct all sales of such property declared to
be surplus. The department director shall make all necessary publications and notices,
procure bids, and, with the assistance of the city manager and the finance director,
conduct the bid openings and the sales;
(9) To be responsible for the preparation and publication of all notices and
announcements required by law with respect to the operation of their departments. Such
notices shall be given to the city manager for review and submittal for publishing;
(10) To supervise and report to the city manager and the proper council committee
regarding the performance of all contacts made for services or materials related to their
departments; and
(11) To perform such other duties as may be assigned by the city manager, the city
council, the city charter, city ordinance, or general state law."
SECTION 7.
This Act shall become effective for the purposes of selecting and appointing the initial city
manager upon its approval by the Governor or upon its becoming law without such approval,
and for all other purposes on July 1, 2026.
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A local bill would rewrite the City of Austell's charter to create a city manager position, shifting day-to-day administrative control from the mayor and council committees to that appointed manager.

### Plain-language summary

Austell's city charter currently divides administrative oversight among city council committees, the mayor, and department directors. This bill amends that 1986 charter (as amended in 1991 and 1993) to establish a city manager who becomes the city's chief executive and administrative officer. The mayor nominates and the city council appoints the manager, who serves at the council's pleasure and can be removed through a formal resolution and hearing process.
The bill spells out the manager's powers, including hiring and firing department directors (subject to council approval), preparing the budget, and supervising all departments. It bars the mayor, council, and individual council members from directly ordering city employees, requiring them instead to work through the manager except for authorized investigations. Department directors' hiring and removal authority also shifts to require the manager's involvement. The city manager provisions take effect upon the Governor's signature, while most other changes take effect July 1, 2026.

### What it does

- Creates a city manager position appointed by the city council on the mayor's nomination, serving at the council's pleasure with no fixed term.
- Sets out a formal removal process for the city manager, including a preliminary resolution, a possible public hearing, and a final removal vote.
- Requires that vacancies in department director positions be filled by the city manager subject to city council approval, and limits removal of directors to the manager with council approval.
- Prohibits the mayor, city council, and individual council members from directly giving orders to city employees supervised by the manager, requiring communication through the manager instead.
- Rewrites the powers and duties of city council committees, the mayor, and department directors to reflect the new city manager structure.
- Sets different effective dates: the city manager selection process begins upon the Governor's approval, while most other provisions take effect July 1, 2026.

### Who it affects

The Mayor and City Council of Austell, city council committees, the newly created city manager position, department directors, and city employees whose supervision and hiring or firing process would change under the new structure.

### Why it matters

Austell residents would see a shift in how their city is run day to day, with a professional city manager rather than the mayor and council committees directly overseeing departments and staff. This changes who employees answer to and how budget, hiring, and disciplinary decisions get made inside city government.

### Key provisions

- Section 1 revises Section 2.17 so council committees supervise the city manager rather than departments directly, following charter and legal procedures.
- Section 2 rewrites Section 2.20 on council committee structure, including chairperson duties, budgeted purchase authority limits, and liaison roles with the city manager.
- Section 3 adds new Sections 2.27 through 2.31 creating the city manager position, its removal procedure, an acting manager provision, its powers and duties, and a ban on council interference with administration.
- Section 4 revises Section 2.34 on mayoral powers, removing direct administrative supervision duties to reflect the new manager role.
- Section 5 revises Section 3.10(d) so department director vacancies are filled and directors removed by the city manager with council approval.
- Section 6 rewrites Section 3.11 on department director powers and duties to route reporting and budget approval through the city manager.
- Section 7 sets the effective dates: city manager selection begins upon gubernatorial approval, other provisions take effect July 1, 2026.
- Section 8 repeals conflicting laws.

## Status

- Status: Passed (2026-05-11)
- Last action: Effective Date 2026-05-11 (2026-05-11)
- Sponsors: David Wilkerson, Kimberly Alexander
- Official page: https://www.legis.ga.gov/legislation/72300

> The history, votes, and amendments (887 characters) are at https://georgiacommons.org/bills/2025-2026/hb1005.md?full=1