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

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.