SB457: SB457 City of Mulberry; provision of services and exercise of powers by the city; provide

26 LC 61 0344 Senate Bill 457 By: Senators Dixon of the 45th, Cowsert of the 46th and Still of the 48th AS PASSED A BILL TO BE ENTITLED AN ACT To amend an Act to incorporate the City of Mulberry, approved F ebruary 13, 20241 (Ga. L. 2024, p. 3518), as amended, so as to provide for the pr ovision of services and2 exercise of powers by the city; to provide for a city manager; to provide for staggered terms3 of office for councilmembers; to provide for related matters; to repeal conflicting laws; and4 for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 An Act to incorporate the City of Mulberry, approved February 1 3, 2024 (Ga. L. 2024,8 p. 3518), as amended, is amended by revising Section 1.14 as follows:9 "SECTION 1.14.10 Powers and construction.11 (a) This city shall have all the powers possible for a city to have under the present or future12 Constitution or laws of this state as fully and completely as though they were specifically13 enumerated in this charter, except that the city shall not have the power to assess, levy, or14 S. B. 457 - 1 - 26 LC 61 0344 collect ad valorem taxes on real or personal property within the corporate limits of the city. 15 This city shall have all the powers of self-government not othe rwise prohibited by this16 charter or by general law.17 (b) The city shall exercise the powers granted to it under the present or future Constitution18 and laws of this state for the purposes of providing planning a nd zoning, community19 development, economic development, code adoption and enforcemen t, solid waste20 collection and disposal, and storm-water collection and disposal and those items related to21 the provision of such services and for the general administrati on of the city in providing22 such services.23 (c) The provision of services and exercise of powers may be pr ovided by the city24 contracting with service providers via intergovernmental agreem ents or contracts,25 franchises, or other lawful agreements with private parties.26 (d) The powers of this city shall be construed liberally in favor of the city. The specific27 mention or failure to mention powers shall not be construed as limiting in any way the28 powers of this city."29 SECTION 2.30 Said Act is further amended by revising Sections 2.26 through 2.30 as follows:31 "SECTION 2.26.32 City manager; appointment; qualifications;33 compensation; chief administrative officer.34 (a) The mayor shall appoint, subject to confirmation by the city council, for an indefinite35 term an officer whose title shall be "city manager" who shall s erve at the pleasure of the36 city council. The city manager shall be appointed without regard to political beliefs and37 solely on the basis of his or her executive and administrative qualifications with special38 S. B. 457 - 2 - 26 LC 61 0344 reference to his or her educational background and actual experience in, and knowledge of,39 the duties of office as hereinafter prescribed.40 (b) The city manager shall be the chief administrative officer of the government of the City41 of Mulberry. The city manager must devote all of his or her working time and attention to42 the affairs of the city and shall be responsible to the mayor and city council for the proper43 and efficient administration of the affairs of the city over wh ich said officer has44 jurisdiction.45 SECTION 2.27.46 Removal of city manager.47 (a) The mayor and city council may remove the city manager from office in accordance48 with the following procedures:49 (1) The city council shall adopt by the affirmative vote of a majority of all50 councilmembers a preliminary resolution removing the city manager and may suspend51 the city manager from duty for a period not to exceed 45 days. A copy of the resolution52 shall be delivered promptly to the city manager;53 (2) Within five days after a copy of the resolution is delivered to the city manager, he or54 she may file with the city council a written request for a publ ic hearing. This hearing55 shall be held at a council meeting not earlier than 15 days nor later than 30 days after the56 request is filed. The city manager may file with the city council a written reply not later57 than five days before the hearing; and58 (3) The city council may adopt a final resolution of removal, which may be made59 effective immediately, by the affirmative vote of four councilmembers at any time after60 five days from the date when a copy of the preliminary resoluti on was delivered to the61 city manager, if he or she has not requested a public hearing, or at any time after the62 public hearing if he or she has requested one.63 S. B. 457 - 3 - 26 LC 61 0344 (b) The city manager shall continue to receive his or her salary until the effective date of64 a final resolution of removal and, unless he or she has been convicted of a felony at that65 time, he or she shall be given not less than 60 days' severance pay. The action of the city66 council in suspending or removing the city manager shall not be subject to review by any67 court or agency.68 (c) If the city manager becomes disabled and is unable to carry out the duties of the office69 or if the city manager dies, the acting city manager shall perf orm the duties of the city70 manager until the city manager's disability is removed or until the city manager is replaced. 71 Removal of the city manager because of disability shall be carried out in accordance with72 the provisions of subsection (a) of this section.73 SECTION 2.28.74 Acting city manager.75 By letter filed with the city clerk, the city manager shall designate, subject to approval by76 the city council, a qualified administrative officer to exercise the powers and perform the77 duties of city manager during the city manager's temporary absence or physical or mental78 disability. During such absence or disability, the city council may revoke such designation79 at any time and appoint another officer of the city to serve un til the city manager shall80 return or the disability shall cease.81 SECTION 2.29.82 Powers and duties of the city manager.83 The city manager shall have the power, and it shall be his or her duty to:84 (1) See that all laws and ordinances are enforced;85 S. B. 457 - 4 - 26 LC 61 0344 (2) Appoint and employ all necessary employees of the city, except those officers and86 employees who by this charter are appointed or elected by the city council or departments87 not under the jurisdiction of the city manager;88 (3) Remove employees employed by said officer without the consent of the city council89 and without assigning any reason therefore;90 (4) Exercise supervision and control of all departments and all divisions created in this91 charter or that may hereafter be created by the city council except as otherwise provided92 in this charter;93 (5) Attend all meetings of the city council with a right to take part in the discussions, but94 having no vote. The city manager shall be entitled to notice of all special meetings;95 (6) Recommend to the city council, after prior review and comm ent by the mayor, for96 adoption of such measures as the city manager may deem necessary or expedient;97 (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any98 public utility franchise are faithfully kept and performed and upon knowledge of any99 violation thereof to call the same to the attention of the city attorney, whose duty it shall100 be forthwith to take such steps as are necessary to protect and enforce the same;101 (8) Make and execute all lawful contracts on behalf of the city as to matters within said102 officer's jurisdiction to the extent that such contracts are fu nded in the city's budget,103 except such as may be otherwise provided by law; provided, however, that no contract,104 purchase, or obligation requiring a budget amendment shall be v alid and binding until105 after approval by the city council;106 (9) Act as budget officer to prepare and submit to the council, after review and comment107 by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures108 for the ensuing year, showing in as much detail as practicable the amounts allotted to109 each department of the city government and the reasons for such estimated expenditures;110 (10) Keep the city council at all times fully advised as to th e financial condition and111 needs of the city;112 S. B. 457 - 5 - 26 LC 61 0344 (11) Make a full written report to the city council on the first day of each month showing113 the operations and expenditures of each department of the city government for the114 preceding month, and a synopsis o f such reports shall be published by the clerk of the115 city;116 (12) Fix all salaries and compensation of city employees in ac cordance with the city117 budget and the city pay and classification plan; and118 (13) Perform such other duties as may be prescribed by this ch arter or required by119 ordinance or resolution of the city council.120 SECTION 2.30.121 Council interference with administration.122 Except for the purpose of inquiries and investigations under Section 2.15 of this charter,123 the city council and councilmembers shall deal with city officers and employees who are124 subject to the direction or supervision of the city manager solely through the city manager,125 and neither the city council nor the councilmembers shall give orders to any such officer126 or employee, either publicly or privately."127 SECTION 3.128 Said Act is further amended by revising Section 5.11 as follows:129 "SECTION 5.11.130 Regular elections; time for holding.131 (a) Except as otherwise provided in Article VIII of this chart er for the initial elections,132 there shall be a municipal general election on the Tuesday next following the first Monday133 in November, 2027, and on such day biennially thereafter.134 S. B. 457 - 6 - 26 LC 61 0344 (b)(1) At the municipal general election in 2027, councilmembe rs shall be elected as135 follows:136 (A) The councilmembers for Districts 1, 3, and 5 elected at su ch election shall be137 elected to four-year terms of office and shall serve until December 31, 2031, and until138 their successors are elected and qualified; and139 (B) The councilmembers for Districts 2 and 4 elected at such election shall be elected140 to two-year terms of office and shall serve until December 31, 2029, and until their141 successors are elected and qualified.142 (2) Successors to the councilmembers elected pursuant to parag raph (1) of this143 subsection shall be elected in the general election in the year in which the respective144 terms of office expire and shall take office on the first day o f January immediately145 following their election for terms of four years and until their successors are elected and146 qualified."147 SECTION 4.148 All laws and parts of laws in conflict with this Act are repealed.149 S. 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