HB 587: Cartersville, City of; provide for a finance director

House Bill 587 (AS PASSED HOUSE AND SENATE)

By: Representatives Gambill of the 15th and Scoggins of the 14th

A BILL TO BE ENTITLED

AN ACT

To amend an Act to reincorporate the City of Cartersville in the County of Bartow, approved March 28, 1974 (Ga. L. 1974, p. 3697), as amended, so as to provide for a finance director; to remove the duties of an ex officio treasurer from the city clerk; to authorize the Municipal Court of the City of Cartersville to charge a technology fee; to identify the authorized uses of such technology fee; to provide for the termination of such technology fee; 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 to reincorporate the City of Cartersville in the County of Bartow, approved March 28, 1974 (Ga. L. 1974, p. 3697), as amended, is amended by revising Section 3.08 as follows:

"SECTION 3.08.

City clerk.

(a) The mayor and council shall appoint a city clerk. He or she shall be responsible for keeping and preserving the city seal and all records of council, attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, a proper index of such proceedings, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his or her office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the city council.

(b) The city council shall require the clerk, before entering upon the discharge of his or her duties, to give a good and sufficient bond in an amount to be decided by the city council, but not less than $100,000.00, said bond payable to the City of Cartersville, for the faithful performance of his or her duties and to secure against corruption, malfeasance, misappropriations, or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia, City of Cartersville, and the premium thereon shall be paid by the city.

(c) The city council shall also appoint a deputy city clerk, who shall discharge the duties of the city clerk in his or her absence, and shall have other such duties as may be designated by the city council."

SECTION 2.

Said Act is further amended by adding a new section to read as follows: "SECTION 3.13.

Finance director.

The mayor and city council shall approve the appointment of the finance director in the same manner as for all other city department heads. The finance director shall be the ex officio treasurer and shall also keep a true and accurate account of the receipts and expenditures of the city. The city council shall require the finance director, before entering upon the discharge of his or her duties, to give a good and sufficient bond in an amount to be decided by the city council, but not less than $100,000.00, said bond payable to the City of Cartersville, for the faithful performance of his or her duties and to secure against corruption, malfeasance, misappropriations, or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia, City of Cartersville, and the premium thereon shall be paid by the city."

SECTION 3.

Said Act is further amended by adding a new section to read as follows: "SECTION 6.08.

Technology fee.

(a) The clerk of the Municipal Court of the City of Cartersville is hereby authorized to charge and collect a technology fee as a surcharge to each criminal and quasi-criminal fine paid. The technology fee shall be set by order of the judge of the court, provided that the fee shall not exceed $20.00.

(b) The fee authorized by subsection (a) of this section shall be used exclusively to provide for the following technological needs of the court and the city's police department:

(1) The purchase, lease, maintenance, and installation of computer hardware and software;

(2) The purchase, lease, maintenance, and installation of equipment and software used for imaging, scanning, facsimile, communications, projections, and printing; and

(3) The purchase of body-worn cameras.

(c) All funds collected pursuant to this Act shall be maintained in a segregated account by the chief financial officer of the city and clerk of court, separate from other funds of the city, and shall be expended only for the authorized purposes provided in this section upon direction of the city manager. The funds may be used to reimburse the city's information technology department for services provided to the court or police department.

(d) The authorization in subsection (a) of this Act to charge and collect a technology fee shall expire on July 1, 2030, unless prior to such date the governing authority of the City of Cartersville enacts an ordinance renewing such authorization for a further five-year period. The governing authority of the City of Cartersville may further renew such authorization for subsequent five-year periods through the adoption of subsequent ordinances."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.