HB1005: HB1005 Austell, City of; provide for a city manager; revise powers and duties of city council committees, the mayor, and department directors

26 LC 47 3751/AP 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, 19861 (Ga. L. 1986, p. 4902), as amended, particularly by an Act approved April 4, 1991 (Ga. L.2 1991, p. 4498) and an Act approved April 5, 1993 (Ga. L. 1993, p. 4503), so as to provide3 for a city manager; to revise the powers and duties of city cou ncil committees, the mayor,4 and department directors to reflect the establishment of a city manager; to provide for the5 appointment, removal, and powers of the city manager and city c ouncil; to provide for an6 acting city manager; to prohibit mayor and council interference with the administration of7 the city departments; to revise provisions related to the hirin g and removal of department8 directors; to provide for related matters; to provide for effective dates; to repeal conflicting9 laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 An Act providing a new charter for the City of Austell, approve d March 28, 198613 (Ga. L. 1986, p. 4902), as amended, particularly by an Act approved April 4, 1991 (Ga. L.14 1991, p. 4498) and an Act approved April 5, 1993 (Ga. L. 1993, p. 4503), is amended in15 Section 2.17 by revising subsection (b) as follows:16 H. B. 1005 - 1 - 26 LC 47 3751/AP "(b) The city council shall, through its respective committees, supervise the city manager17 in the administration of the various departments of the city. I n supervising the city18 manager, department directors, and administering its other duti es, the city council shall19 follow the administrative procedures set forth in this charter, city ordinance, or general20 state law. When the city council deems it necessary for the go od of the city, the city21 council by majority vote may suspend or remove any city employe e or take whatever22 employment actions that the city council deems necessary."23 SECTION 2.24 Said Act is further amended by revising Section 2.20 as follows:25 "SECTION 2.20. 26 Rules of procedure and committee appointment.27 (a) The city council shall adopt its rules of procedure and order of business consistent with28 the provisions of this charter and shall provide for keeping mi nutes of its proceedings,29 which shall be a public record.30 (b) The mayor shall appoint, at the first regular council meet ing of each year, a council31 committee to supervise each department of the city in the manag ement of the respective32 administrative departments established in Section 3.10 of this charter. Each council33 committee shall consist of at least two council members other than the mayor. The mayor34 shall be an ex officio member of each committee.35 (c) The mayor shall appoint a chairperson and vice chairperson of each council committee.36 The chairperson shall preside at council committee meetings. The chairperson shall be the37 liaison between the city manager, the department director, and the council committee.38 (d) The council committee shall review administrative items presented by the city manager39 or the department director and shall either disapprove the item without submission to the40 H. B. 1005 - 2 - 26 LC 47 3751/AP city council or recommend to the city council that such item be approved or disapproved.41 Any item disapproved by the council committee may nonetheless be presented to the city42 council by the city manager as an agenda item for approval or disapproval by the full city43 council.44 (e) Each council committee chairperson shall have the right to call meetings of the council45 committee and shall have the power from time to time to authorize budgeted purchases up46 to a dollar amount set by the council without first obtaining specific committee or council47 approval of the item, provided that all other provisions of the charter and the ordinances48 of the city are complied with, including bid requirements, if applicable. Approval for such49 expenditures shall be documented with a copy provided to the ci ty manager and the50 director of finance as soon as possible prior to the purchase.51 (f) Each council committee shall have the power from time to time to authorize budgeted52 purchases up to a dollar amount set by the council without firs t obtaining specific city53 council approval for the item, provided that all other provisio ns of the charter and the54 ordinances of the city are complied with, including bid require ments, if applicable.55 Approval for such expenditures shall be documented with a copy provided to the city56 manager and the director of finance as soon as possible prior to the purchase.57 (g) The vice chairperson shall be authorized to act as the cha irperson of the council58 committee upon the absence, disability, or death of the chairperson until such absence or59 disability ceases or until a new ch airperson is appointed by th e mayor at a regular city60 council meeting."61 SECTION 3.62 Said Act is further amended by revising Sections 2.27 through 2.31 as follows:63 H. B. 1005 - 3 - 26 LC 47 3751/AP "SECTION 2.27.64 City manager; appointment; qualifications; compensation.65 The mayor shall nominate and the city council shall appoint a c ity manager for an66 indefinite term who shall hold office at the pleasure of the city council. The city manager67 shall also be known as 'the manager.' The city council shall f i x t h e c i t y m a n a g e r ' s68 compensation. The manager shall be appointed solely on the bas is of executive and69 administrative qualifications.70 SECTION 2.28. 71 Removal of city manager.72 (a) The city council may remove the manager from office in accordance with the following73 procedures:74 (1) The city council shall adopt by affirmative vote of a majo rity of all its members a75 preliminary resolution which shall state the reasons for remova l and may suspend the76 manager from duty for a period not to exceed 45 days. A copy of the resolution shall be77 delivered promptly to the manager;78 (2) Within five days after a copy of the resolution is deliver ed to the manager, the79 manager may file with the city council a written request for a public hearing. Such80 hearing shall be held within 30 days after the request is filed. The manager may file with81 the city council a written reply not later than five days before the hearing; and82 (3) If the manager has not requested a public hearing within t he time specified in83 paragraph (2) of this subsection, the city council may adopt a final resolution for removal,84 which may be made effective immediately, by an affirmative vote of a majority of all its85 members. If the manager has requested a public hearing, the ci ty council may adopt a86 H. B. 1005 - 4 - 26 LC 47 3751/AP final resolution for removal, which may be made effective immediately, by an affirmative87 vote of a majority of all its members at any time after the public hearing.88 (b) The manager may continue to receive his or her salary until the effective date of a final89 resolution for removal.90 SECTION 2.29.91 Acting city manager.92 By a letter filed with the city clerk, the manager shall designate, subject to approval of the93 city council, a qualified city administrative officer to exercise the powers and perform the94 duties of manager during the manager's temporary absence or physical disability or for the95 duration of a mental disability. During such absence or disab ility, the city council may96 revoke such designation at any time and appoint another officer of the city to serve until97 the manager shall return or the manager's disability shall cease.98 SECTION 2.30.99 Powers and duties of the city manager.100 The city manager shall be the chief executive and administrative officer of the city. The101 manager shall be responsible to the city council for the admini stration of all city affairs102 placed in the manager's charge by or under this charter. As th e chief executive and103 administrative officer, the manager shall:104 (1) Subject to approval by the city council, hire and remove department directors;105 (2) Appoint and, when the manager deems it necessary for the good of the city, suspend106 or remove any city employee, except as otherwise provided by th is charter, law, or107 personnel ordinances adopted pursuant to this charter. The manager may authorize any108 department director who is subject to the manager's direction and supervision to exercise109 H. B. 1005 - 5 - 26 LC 47 3751/AP these powers with respect to subordinates in that officer's department, office, or agency110 of the city;111 (3) Direct and supervise the administration of all departments, offices, and agencies of112 the city, except as otherwise provided by this charter or by law;113 (4) Attend all city council meetings except for closed meetings held for the purposes of114 deliberating on the appointment, discipline, or removal of the city manager and have the115 right to take part in discussion but not to vote;116 (5) See that all laws, provisions of this charter, and acts of the city council, subject to117 enforcement by the manager or by officers subject to the manage r's direction and118 supervision, are faithfully executed;119 (6) Prepare and submit the annual operating budget and capital budget to the city120 council;121 (7) Submit to the city council and make available to the public a complete report on the122 finances and administrative activities of the city as of the end of each fiscal year;123 (8) Make such other reports as the city council may require co ncerning the operations124 of city departments, offices, and agencies subject to the manag er's direction and125 supervision;126 (9) Keep the city council fully advised as to the financial condition and future needs of127 the city, and make such recommendations to the city council concerning the affairs of the128 city as the manager deems desirable; and129 (10) Perform other such duties as are specified in this charter or as may be required by130 the city council.131 H. B. 1005 - 6 - 26 LC 47 3751/AP SECTION 2.31.132 Council interference with administration.133 Except for the purpose of inquiries and investigations under Section 2.16, and as otherwise134 provided for in this charter, the mayor, the city council, and individual councilmembers135 shall deal with city officers and employees who are subject to the direction and supervision136 of the manager solely through the manager. The mayor, the city council, and individual137 councilmembers shall not give orders to any such officer or employee, either publicly or138 privately."139 SECTION 4.140 Said Act is further amended by revising Section 2.34 as follows:141 "SECTION 2.34.142 Powers and duties of the mayor.143 The mayor shall have the following powers and duties:144 (1) To preside at all meetings of the city council and to have the right to take part in the145 deliberations of the council, but shall not have the right to v ote on any question except146 in the case of a tie;147 (2) To be the official head and spokesperson for the city for service of process and148 ceremonial purposes;149 (3) To sign as a matter of course all written contracts, ordin ances, deeds, and other150 instruments executed by the city which by law are required to be in writing;151 (4) To cosign, along with the director of finance, all checks for the payment of money;152 alternate signatories may be designated by city ordinance;153 (5) To have the veto power as hereinafter set out in Section 2.35;154 H. B. 1005 - 7 - 26 LC 47 3751/AP (6) To call special meetings of the city council as provided herein;155 (7) To appoint at the first meeting each year, or as soon ther eafter as expedient, for a156 term of that year, a gas system liaison and members of the foll owing standing157 committees: police; fire; water, sewer, and mechanic; street an d sanitation; general158 administration; finance; community affairs; parks; and such oth er committees as the159 mayor and council may deem necessary;160 (8) To pardon or parole any offender against the ordinances of the city; and161 (9) To perform such other duties as may be required by general state law, this charter,162 or city ordinance."163 SECTION 5.164 Said Act is further amended in Section 3.10 by revising subsection (d) as follows:165 "(d) There shall be a director of each operating department. In the event of vacancy of a166 department director position, a new department director shall b e appointed by the city167 manager, subject to approval by majority vote of the city council. A department director168 may only be removed by the city manager with the approval by majority vote of the city169 council."170 SECTION 6.171 Said Act is further amended by revising Section 3.11 as follows:172 "SECTION 3.11.173 Powers and duties of the department directors.174 The department director shall be the administrative official of the department and shall be175 responsible to the city manager for the administration of his o r her department. The176 department directors shall have the following powers and duties:177 H. B. 1005 - 8 - 26 LC 47 3751/AP (1) To hire, appoint, evaluate, reprimand, and subject to adverse disciplinary action all178 city employees supervised by the department directors within their departments, except179 as otherwise provided by general state law, this charter, city ordinance, or personnel180 policies adopted pursuant to this charter. The procedure to be followed by the department181 directors in fulfilling such duties shall be governed by the personnel policies as adopted182 by the city council;183 (2) To attend all city council meetings and their respective committee meetings;184 (3) To submit to the finance director an annual budget for their respective departments.185 The department budgets shall be compiled into a proposed balanced budget by the city186 manager and the finance director and submitted to the finance committee for review and187 recommendation to the city council for approval;188 (4) To advise the city manager as to the future needs of their departments;189 (5) To make any report as the city manager, the city council, or a council committee may190 require concerning the operation of their departments and of an y employees subject to191 their direction and supervision;192 (6) To prepare an inventory showing all real and personal prop erty utilized by their193 departments and to submit such inventory to the city manager for compilation;194 (7) With the approval of the city manager, to make budgeted purchases from time to time195 of supplies, materials and equipment for their departments up to a dollar amount set by196 the council without first obtaining specific approval of the co uncil committee197 chairperson, the council committee, or the city council, provided that all other provisions198 of this charter and the ordinances of the city are complied wit h, including bid199 requirements, if applicable. All purchases in excess of such a mount shall be approved200 by the committee chairperson, the council committee, or the city council, depending on201 the amount of the expenditure;202 (8) To recommend to the city manager and council committee ite ms of city personal203 property which the department director deems to be unnecessary or unfit for the use by204 H. B. 1005 - 9 - 26 LC 47 3751/AP the city. Upon approval by the council committee, and subject to the supervision of the205 city manager, the department director shall conduct all sales of such property declared to206 be surplus. The department director shall make all necessary publications and notices,207 procure bids, and, with the assistance of the city manager and the finance director,208 conduct the bid openings and the sales;209 (9) To be responsible for the preparation and publication of a ll notices and210 announcements required by law with respect to the operation of their departments. Such211 notices shall be given to the city manager for review and submittal for publishing;212 (10) To supervise and report to the city manager and the prope r council committee213 regarding the performance of all contacts made for services or materials related to their214 departments; and215 (11) To perform such other duties as may be assigned by the ci ty manager, the city216 council, the city charter, city ordinance, or general state law."217 SECTION 7.218 This Act shall become effective for the purposes of selecting and appointing the initial city219 manager upon its approval by the Governor or upon its becoming law without such approval,220 and for all other purposes on July 1, 2026.221 SECTION 8.222 All laws and parts of laws in conflict with this Act are repealed.223 H. B. 1005 - 10 -