House Bill 1241 (AS PASSED HOUSE AND SENATE)
By: Representatives Crawford of the 89th and Oliver of the 84th
A BILL TO BE ENTITLED
AN ACT
To amend an Act providing a new charter for the City of Decatur, approved April 13, 2001
(Ga. L. 2001, p. 4351), as amended, so as to revise provisions regarding the city commission;
to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing a new charter for the City of Decatur, approved April 13, 2001
(Ga. L. 2001, p. 4351), as amended, is amended by revising Article III as follows:
"ARTICLE III
CITY COMMISSION
SECTION 3.10.
Created; number of city commissioners; election.
The legislative authority of the government of this city, except as otherwise specifically
provided in this Charter, shall be vested in a city commission to be composed of four city
commissioners and a mayor. City commissioners and the mayor shall be elected by
receiving a plurality of the votes cast in the election district in which the city commissioner
qualified. City commissioners and the mayor shall exercise their powers in such manner
as may be prescribed by this Charter and the Constitution and applicable laws of the State
of Georgia, or if not prescribed, in such manner as may be prescribed by the duly
established ordinances of the city.
SECTION 3.11.
Qualifications.
(a) No person shall be eligible for the office of city commissioner or mayor unless the
person:
(1) Has resided in the city not less than one year immediately preceding said person's
election;
(2) Is a qualified voter in municipal elections for officers of the city; and
(3) Has not been convicted and sentenced for any violation of the criminal laws of
Georgia involving moral turpitude, unless such person has received a full pardon or has
all rights of citizenship restored.
(b) All city commissioners and the mayor shall continue to reside within the city and
within their election district, if any, during their terms of office.
(c) Except where authorized by law:
(1) No city elected official shall hold any other elected public office during the term for
which the city official was elected.
(2) No city elected official shall hold any other city office or employment during the
term for which the official was elected.
(3) No former city elected official shall hold any compensated appointive office or
employment with the city until one year after the expiration of the term for which the
official was elected, unless granted a waiver by the ethics committee as defined in
Section 3.25 of this Act.
(4) Nothing in this section shall be construed to prohibit the city commission from
selecting any current or former city elected official to represent the city on the governing
board of any regional or other intergovernmental agency.
SECTION 3.12.
Compensation; expenses.
The mayor and city commissioners shall receive compensation and expenses for their
services as provided by ordinance and in accordance with the provisions of Chapter 35 of
Title 36 of the O.C.G.A.
SECTION 3.13.
Election districts; election dates.
(a)(1) For the purposes of electing city commissioners, the city is divided into two
election districts consisting of the described territory of the city contained in the
description attached to this Charter and made a part hereof and further identified as 'Plan:
DecaturCity2022.' The configuration of the districts shall be reevaluated within two years
following each United States decennial census to ensure the districts comply with the
constitutional principle of 'one person, one vote.'
(2) There shall be a Post A and a Post B for each such district.
(3) For the purposes of electing the mayor, the entirety of the two districts described in
paragraph (1) of this subsection shall constitute the election district for the mayor.
(b) For the purposes of this section:
(1) The term 'tract' means and describes the same geographical boundaries as those
provided in the report of the Bureau of the Census for the United States decennial census
of 2020 for the State of Georgia.
(2) Whenever the description of any district refers to a named city, it shall mean the
geographical boundaries of that city, as shown on the census maps for the United States
decennial census of 2020 for the State of Georgia.
(3) Any part of the city which is not included in any election district described in this
section shall be included within that district contiguous to such part which contains the
least population according to the United States decennial census of 2020 for the State of
Georgia.
(c) For the purposes of establishing and maintaining staggered terms of office for city
elected officials:
(1) Those persons in office as city commissioners on April 1, 2000, shall serve out the
remainder of the terms to which they were elected. Two city commissioners shall be
elected from each of the two election districts provided for in subsection (a) of this
section, and the mayor shall be elected from the city at large as set forth in paragraph (3)
of subsection (a) of this section.
(2) City commissioners elected under this Charter shall be elected to Post A of each
election district on the first Tuesday next following the first Monday in November, 2001.
They shall take office on the first Monday in January, 2002, and shall serve terms of four
years and until their successors are elected. Successors to such city commissioners shall
be elected at the general municipal election held on the first Tuesday next following the
first Monday in November, 2005, and quadrennially thereafter for terms of office of four
years.
(3) City commissioners shall be elected to Post B of each election district on the first
Tuesday next following the first Monday in November, 2003. Such city commissioners
shall take office on the first Monday in January, 2004, and shall serve terms of four years
and until their successors are elected. Successors to such city commissioners shall be
elected at the general municipal election held on the first Tuesday next following the first
Monday in November, 2007, and quadrennially thereafter for terms of office of four
years.
(4) The mayor shall be elected on the first Tuesday next following the first Monday in
November, 2027. Such mayor shall take office on the first Monday in January, 2028, and
shall serve a term of four years and until their successor is elected and qualified. The
successor to the mayor shall be elected at the general municipal election held on the first
Tuesday next following the first Monday in November, 2031, and quadrennially
thereafter for terms of office of four years.
(d) A person offering for election as a district city commissioner shall designate the
election district and post for which the person is offering. A city commissioner elected
from an election district must reside within the election district from which elected and
shall be elected by the electors residing within the election district. A person offering for
election as the mayor shall designate that the person is offering for such position on the city
commission. The mayor may reside anywhere within the city and shall be elected by the
electors of the city as set forth in paragraph (3) of subsection (a) of this section.
(e) The regular city election of the city shall be held on the first Tuesday next following
the first Monday in November of each odd-numbered year.
(f) All city commissioners and the mayor shall serve until their respective successors are
elected and qualified.
(g) Political parties shall not conduct primaries for city commission offices, including the
office of mayor, and all names of candidates for such offices shall be listed without party
designation.
(h) If two or more candidates tie in receiving the highest number of votes for a city office,
a run-off election between the candidates with the highest number of votes shall be held
as provided for by general law.
SECTION 3.14.
First meeting each year; city commissioners' oath.
The city manager shall call to order the first meeting of the city commission in each
calendar year. The elected officials, before entering upon the duties of their office, shall
take and subscribe the following oath or affirmation:
'I do solemnly (swear) (affirm) that I will well and truly demean myself as an elected
official of the City of Decatur for the ensuing term, and that I will faithfully enforce the
Constitution and laws of the United States of America and of the State of Georgia, and
the Charter and ordinances of the City of Decatur, to the best of my ability and without
fear or favor, and in all my acts as an elected official of the City of Decatur, I will act as
I believe for the best interest of this city (so help me God).'
Any elected official who is absent from such meeting shall take and subscribe the oath or
affirmation as soon as possible.
SECTION 3.15.
Election, term of mayor.
Reserved.
SECTION 3.16.
Powers and duties of mayor.
The mayor shall:
(1) Be recognized as the head of the city government for all ceremonial purposes, and
by the governor for purposes of military law;
(2) Be a member of the city commission and have the same power to vote upon all
questions passed upon as other city commission members;
(3) Serve as the chair of the meetings of the city commission. The chair of the meetings
shall have the power to convene the city commission in extra session whenever, in the
chair's judgment, it becomes necessary, and shall do so whenever requested by three city
commission members in writing;
(4) Have no veto power;
(5) Represent the city in intergovernmental relationships and as directed or consented to
by the city commission;
(6) Present an annual state of the city message;
(7) Review with the city manager the proposed agenda of any city commission meeting;
and
(8) Perform other duties as specified by the city commission.
SECTION 3.17.
Election, term, duties, absence of mayor pro tempore.
At the first regular meeting of the city commission in each calendar year, the city
commission shall elect one of the city commissioners to serve as mayor pro tempore for
one year from the time of the city commissioner's election as mayor pro tempore until the
city commissioner's successor shall have been elected and qualified. The mayor pro
tempore shall serve as the chair of the meetings of the city commission in the event of the
absence or disability of the mayor. In the event of the absence or disability of both the
mayor and the mayor pro tempore, the city commission shall elect a city commissioner to
serve as chair of the meeting. The city commission shall declare the absence or disability
of the mayor or the mayor pro tempore by majority vote.
SECTION 3.18.
Meetings.
(a) All meetings of the city commission shall be public to the extent required by law, and
notice to the public of special meetings shall be given as required by law.
(b) The city commission shall hold regular meetings at such times and places as shall be
prescribed by ordinance.
(c) Special meetings of the city commission shall be held upon call of the mayor or three
city commission members. Notice of a special meeting shall be served on all other
members of the city commission personally, by telephone personally, or by text message
personally, at least 48 hours in advance of the meeting. Such notice to members of the city
commission shall not be required if the mayor and all city commission members are present
when the special meeting is called. Notice of a special meeting may be waived by a
member of the city commission in writing before or after such a meeting, and attendance
at such a meeting shall also constitute a waiver of notice as to any business transacted in
such member's presence. Only the business stated in the call may be transacted at a special
meeting.
(d) The city commission shall adopt rules to govern its procedures and order of business,
consistent with the provisions of this Charter, and shall provide for the keeping of a journal
of its proceedings, which shall be a public record. The journal of proceedings, including
the approved meeting minutes, and the meeting notices, shall, in addition to the
requirements of general law, be published on the city's website for public access in a format
accessible to those with disabilities.
SECTION 3.19.
Quorum; roll call vote.
(a) Except as provided in subsection (b) of this section, three city commission members
shall constitute a quorum for the transaction of business, and a majority of votes cast shall
determine questions before the city commission. On any question, any city commission
member may demand a roll call vote, and on such demand the vote shall be so taken and
recorded in the minutes. On a vote to adopt an ordinance, the city commission shall take
a roll call vote, and the vote shall be recorded in the minutes.
(b) If vacancies in office result in less than a quorum of the city commission holding
office, the remaining city commission members in office shall constitute a quorum and
shall be authorized to transact business of the city commission. A vote of a majority of the
remaining city commission members shall be required for the adoption of any ordinance,
resolution or motion.
(c) Once a quorum is established, the quorum cannot be defeated by the subsequent
departure of a city commission member.
SECTION 3.20.
Supervision of administration.
(a) The city commission, at any time, may appoint one or more city commission members
or other persons to investigate the conduct and business of any officer, employee,
department or other agency of the city; may compel the presence of persons or the
production of books, papers, electronic records, including but not limited to digital media,
and other evidence; and may swear all persons summoned, as may be necessary or
pertinent to the investigation.
(b) Except for the purpose of inquiries and investigations under this section, the city
commission or its members shall deal with city officers and employees who are subject to
the direction and supervision of the city manager solely through the city manager, and
neither the city commission nor its members shall give orders to any such officer or
employee, either publicly or privately.
(c) Neither the city commission nor any of its members shall in any manner control or
demand the appointment or removal of any city administrative officer or employee whom
the city manager or any subordinate of the city manager is empowered to appoint, but the
city commission may express its views and fully and freely discuss with the city manager
anything pertaining to appointment and removal of such officers and employees.
SECTION 3.21.
Boards, commissions, and authorities generally.
(a) The city commission may, by ordinance or resolution, create boards, commissions and
authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the
city commission deems necessary and shall, by ordinance or resolution, establish the
composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by
the city commission in such manner and for such terms of office as shall be provided by
ordinance or resolution, except where other appointing authority, terms of office, or manner
of appointment is prescribed by this Charter or by general law.
(c) The city commission, by ordinance or resolution, may provide for the compensation
and reimbursement for actual and necessary expenses of the members of any board,
commission, or authority.
(d) Any vacancy on a board, commission, or authority of the city shall be filled for the
unexpired term in the manner prescribed for the original appointment, except as otherwise
provided by this Charter or by general law.
(e) If otherwise required by state law, no member of a board, commission, or authority
shall assume office until said person has executed and filed with the city clerk an oath
obligating said person to perform faithfully and impartially the duties of said person's
office, such oath to be prescribed by ordinance or resolution and administered by the mayor
or any official authorized by state law.
(f) Every member of a board, commission or authority shall serve at will and may be
removed from office by a vote of three members of the city commission.
(g) Except as otherwise provided in this Charter or by general law, each board,
commission, and authority of the city shall elect one of its members as chair and one of its
members as vice-chair, and may elect or appoint as its secretary one of its members, or it
may appoint as secretary an employee of the city. Each board, commission, or authority
of the city may establish such bylaws, rules and regulations, not inconsistent with this
Charter, the ordinances of the city or general law, as it deems appropriate and necessary
for the fulfillment of its duties or the conduct of its affairs. Such bylaws, rules and
regulations approved by each board, commission, or authority of the city shall be approved
by the city commission. Copies of such bylaws, rules and regulations shall be filed with
the city clerk.
SECTION 3.22.
Planning commission.
The city commission may appoint a commission to be known as a planning commission
to recommend to the city commission the boundaries of various zoning districts to be laid
out and to recommend the adoption of appropriate regulations and restrictions to apply to
the lands, buildings, and structures in such zoning districts. The members of the planning
commission, the number of members constituting such commission, the duties of such
commission, the terms for which the members of such commission shall serve, and any
compensation that such members may receive for their services shall be determined by the
city commission. The acts of the planning commission shall be advisory only.
SECTION 3.23.
Removal.
(a) Any city commission member shall be removed from office for any of the following
causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any qualification of office as provided by this Charter
or by law;
(4) Knowingly violating any express prohibition of this Charter; or
(5) Abandonment of office or failure or neglect to perform the duties thereof as required
by this Charter or by state law.
(b) Removal of any city commission member under this section shall be accomplished by
one of the following methods:
(1) By a vote of four members of the city commission after an investigative hearing. The
person under investigation shall be entitled to a written notice specifying the ground or
grounds for removal and to a public hearing that shall be held not less than ten days after
the service of the written notice. The person under investigation shall have such rights
as are provided by law; or
(2) By an order of the Superior Court of DeKalb County following a hearing on a
complaint seeking such removal brought by any resident of the city.
SECTION 3.24.
Vacancies.
(a) The office of mayor, mayor pro tempore, or city commissioner shall become vacant
upon the incumbent's death, resignation, forfeiture of office, or removal from office in any
manner authorized by this Charter or by the general laws of the State of Georgia.
(b) Upon the suspension from office of the mayor, mayor pro tempore, or city
commissioner in any manner authorized by the general laws of the State of Georgia, the
remaining city commission members shall appoint a successor for the duration of the
suspension. If the suspension becomes permanent, the office shall become vacant and shall
be filled as provided in subsection (c) of this section.
(c) If the office of mayor or city commissioner shall become vacant, the city commission
or the remaining city commissioners shall call a special election to fill the balance of the
unexpired term of such official; however, if such vacancy occurs within twelve months of
the expiration of the term of that office, the city commission or the remaining city
commissioners shall appoint a successor for the remainder of the term. If the office of
mayor pro tempore shall become vacant, the city commission shall appoint a city
commissioner to the office of mayor pro tempore to serve the remaining balance of the
then-current term.
SECTION 3.25.
Ethics Committee.
The use of public office for private gain is prohibited. The city commission shall
implement this prohibition and other ethical principles by ordinance, including appointment
of an ethics committee. The ethics committee shall have such membership, powers, and
duties as set forth in this Charter or by ordinance."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.