HB1241: HB1241 Decatur, City of; city commission and public school system; revise provisions

26 LC 47 4012S/AP 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, 20011 (Ga. L. 2001, p. 4351), as amended, so as to revise provisions regarding the city commission;2 to provide for related matters; to repeal conflicting laws; and for other purposes.3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4 SECTION 1.5 An Act providing a new charter for the City of Decatur, approve d April 13, 20016 (Ga. L. 2001, p. 4351), as amended, is amended by revising Article III as follows:7 "ARTICLE III8 CITY COMMISSION9 SECTION 3.10.10 Created; number of city commissioners; election.11 The legislative authority of the government of this city, excep t as otherwise specifically12 provided in this Charter, shall be vested in a city commission to be composed of four city13 H. B. 1241 - 1 - 26 LC 47 4012S/AP commissioners and a mayor. City commissioners and the mayor sh all be elected by14 receiving a plurality of the votes cast in the election district in which the city commissioner15 qualified. City commissioners and the mayor shall exercise their powers in such manner16 as may be prescribed by this Charter and the Constitution and applicable laws of the State17 of Georgia, or if not prescribed, in such manner as may be pres cribed by the duly18 established ordinances of the city.19 SECTION 3.11.20 Qualifications.21 (a) No person sha ll be eligible for the o ffice of city commissioner or mayor unless the22 person:23 (1) Has resided in the city not less than one year immediately preceding said person's24 election;25 (2) Is a qualified voter in municipal elections for officers of the city; and26 (3) Has not been convicted and sentenced for any violation of the criminal laws of27 Georgia involving moral turpitude, unless such person has received a full pardon or has28 all rights of citizenship restored.29 (b) All city commissioners and the mayor shall continue to res ide within the city and30 within their election district, if any, during their terms of office.31 (c) Except where authorized by law:32 (1) No city elected official shall hold any other elected public office during the term for33 which the city official was elected.34 (2) No city elected official shall hold any other city office or employment during the35 term for which the official was elected.36 (3) No former city elected official shall hold any compensated appointive office or37 employment with the city until one year after the expiration of the term for which the38 H. B. 1241 - 2 - 26 LC 47 4012S/AP official was elected, unless granted a waiver by the ethics com mittee as defined in39 Section 3.25 of this Act.40 (4) Nothing in this sec tion shall be construed to prohibit the city commission from41 selecting any current or former city elected official to represent the city on the governing42 board of any regional or other intergovernmental agency.43 SECTION 3.12.44 Compensation; expenses.45 The mayor and city commissioners shall receive compensation and expenses for their46 services as provided by ordinance and in accordance with the provisions of Chapter 35 of47 Title 36 of the O.C.G.A.48 SECTION 3.13.49 Election districts; election dates.50 (a)(1) For the purposes of electing city commissioners, the ci ty is divided into two51 election districts consisting of the described territory of the city contained in the52 description attached to this Charter and made a part hereof and further identified as 'Plan:53 DecaturCity2022.' The configuration of the districts shall be reevaluated within two years54 following each United States decennial census to ensure the dis tricts comply with the55 constitutional principle of 'one person, one vote.'56 (2) There shall be a Post A and a Post B for each such district.57 (3) For the purposes of electing the mayor, the entirety of the two districts described in58 paragraph (1) of this subsection shall constitute the election district for the mayor.59 (b) For the purposes of this section:60 H. B. 1241 - 3 - 26 LC 47 4012S/AP (1) The term 'tract' means and describes the same geographical boundaries as those61 provided in the report of the Bureau of the Census for the United States decennial census62 of 2020 for the State of Georgia.63 (2) Whenever the description of any district refers to a named city, it shall mean the64 geographical boundaries of that city, as shown on the census maps for the United States65 decennial census of 2020 for the State of Georgia.66 (3) Any part of the city which is not included in any election district described in this67 section shall be included within that district contiguous to such part which contains the68 least population according to the United States decennial census of 2020 for the State of69 Georgia.70 (c) For the purposes of establishing and maintaining staggered terms of office for city71 elected officials:72 (1) Those persons in office as city commissioners on April 1, 2000, shall serve out the73 remainder of the terms to which they were elected. Two city co mmissioners shall be74 elected from each of the two election districts provided for in subsection (a) of this75 section, and the mayor shall be elected from the city at large as set forth in paragraph (3)76 of subsection (a) of this section.77 (2) City commissioners elected under this Charter shall be ele cted to Post A of each78 election district on the first Tuesday next following the first Monday in November, 2001. 79 They shall take office on the first Monday in January, 2002, and shall serve terms of four80 years and until their successors are elected. Successors to such city commissioners shall81 be elected at the general municipal election held on the first Tuesday next following the82 first Monday in November, 2005, and quadrennially thereafter for terms of office of four83 years.84 (3) City commissioners shall be elected to Post B of each elec tion district on the first85 Tuesday next following the first Monday in November, 2003. Such city commissioners86 shall take office on the first Monday in January, 2004, and shall serve terms of four years87 H. B. 1241 - 4 - 26 LC 47 4012S/AP and until their successors are elected. Successors to such cit y commissioners shall be88 elected at the general municipal election held on the first Tuesday next following the first89 Monday in November, 2007, and quadrennially thereafter for term s of office of four90 years.91 (4) The mayor shall be elected on the first Tuesday next following the first Monday in92 November, 2027. Such mayor shall take office on the first Monday in January, 2028, and93 shall serve a term of four years and until their successor is e lected and qualified. The94 successor to the mayor shall be elected at the general municipal election held on the first95 Tuesday next following the first Monday in November, 2031, and quadrennially96 thereafter for terms of office of four years.97 (d) A person offering for election as a district city commissi oner shall designate the98 election district and post for which the person is offering. A city commissioner elected99 from an election district must reside within the election distr ict from which elected and100 shall be elected by the electors residing within the election district. A person offering for101 election as the mayor shall designate that the person is offering for such position on the city102 commission. The mayor may reside anywhere within the city and shall be elected by the103 electors of the city as set forth in paragraph (3) of subsection (a) of this section.104 (e) The regular city election of the city shall be held on the first Tuesday next following105 the first Monday in November of each odd-numbered year.106 (f) All city commissioners and the mayor shall serve until their respective successors are107 elected and qualified.108 (g) Political parties shall not conduct primaries for city commission offices, including the109 office of mayor, and all names of candidates for such offices shall be listed without party110 designation.111 (h) If two or more candidates tie in receiving the highest number of votes for a city office,112 a run-off election between the candidates with the highest numb er of votes shall be held113 as provided for by general law.114 H. B. 1241 - 5 - 26 LC 47 4012S/AP SECTION 3.14.115 First meeting each year; city commissioners' oath.116 T h e c i t y m a n a g e r s h a l l c a l l t o o r d e r t h e f i r s t m e e t i n g o f t h e city commission in each117 calendar year. The elected officials, before entering upon the duties of their office, shall118 take and subscribe the following oath or affirmation:119 'I do solemnly (swear) (affirm) that I will well and truly deme an myself as an elected120 official of the City of Decatur for the ensuing term, and that I will faithfully enforce the121 Constitution and laws of the United States of America and of the State of Georgia, and122 the Charter and ordinances of the City of Decatur, to the best of my ability and without123 fear or favor, and in all my acts as an elected official of the City of Decatur, I will act as124 I believe for the best interest of this city (so help me God).'125 Any elected official who is absent from such meeting shall take and subscribe the oath or126 affirmation as soon as possible.127 SECTION 3.15.128 Election, term of mayor.129 Reserved.130 SECTION 3.16.131 Powers and duties of mayor.132 The mayor shall:133 (1) Be recognized as the head of the city government for all c eremonial purposes, and134 by the governor for purposes of military law; 135 H. B. 1241 - 6 - 26 LC 47 4012S/AP (2) Be a member of the city commission and have the same power to vote upon all136 questions passed upon as other city commission members;137 (3) Serve as the chair of the meetings of the city commission. The chair of the meetings138 shall have the power to convene the city commission in extra se ssion whenever, in the139 chair's judgment, it becomes necessary, and shall do so whenever requested by three city140 commission members in writing;141 (4) Have no veto power;142 (5) Represent the city in intergovernmental relationships and as directed or consented to143 by the city commission;144 (6) Present an annual state of the city message;145 (7) Review with the city manager the proposed agenda of any city commission meeting;146 and147 (8) Perform other duties as specified by the city commission.148 SECTION 3.17.149 Election, term, duties, absence of mayor pro tempore.150 At the first regular meeting of the city commission in each cal endar year, the city151 commission shall elect one of the city commissioners to serve a s mayor pro tempore for152 one year from the time of the city commissioner's election as mayor pro tempore until the153 city commissioner's successor shall have been elected and quali fied. The mayor pro154 tempore shall serve as the chair of the meetings of the city commission in the event of the155 absence or disability of the mayor. In the event of the absenc e or disability of both the156 mayor and the mayor pro tempore, the city commission shall elect a city commissioner to157 serve as chair of the meeting. The city commission shall declare the absence or disability158 of the mayor or the mayor pro tempore by majority vote.159 H. B. 1241 - 7 - 26 LC 47 4012S/AP SECTION 3.18.160 Meetings.161 (a) All meetings of the city commission shall be public to the extent required by law, and162 notice to the public of special meetings shall be given as required by law.163 (b) The city commission shall hold regular meetings at such times and places as shall be164 prescribed by ordinance.165 (c) Special meetings of the city commission shall be held upon call of the mayor or three166 city commission members. Notice of a special meeting shall be served on all other167 members of the city commission personally, by telephone personally, or by text message168 personally, at least 48 hours in advance of the meeting. Such notice to members of the city169 commission shall not be required if the mayor and all city commission members are present170 when the special meeting is called. Notice of a special meetin g may be waived by a171 member of the city commission in writing before or after such a meeting, and attendance172 at such a meeting shall also constitute a waiver of notice as to any business transacted in173 such member's presence. Only the business stated in the call may be transacted at a special174 meeting.175 (d) The city commission shall adopt rules to govern its procedures and order of business,176 consistent with the provisions of this Charter, and shall provide for the keeping of a journal177 of its proceedings, which shall be a public record. The journal of proceedings, including178 the approved meeting minutes, and the meeting notices, shall, i n addition to the179 requirements of general law, be published on the city's website for public access in a format180 accessible to those with disabilities.181 H. B. 1241 - 8 - 26 LC 47 4012S/AP SECTION 3.19.182 Quorum; roll call vote.183 (a) Except as provided in subsection (b) of this section, three city commission members184 shall constitute a quorum for the transaction of business, and a majority of votes cast shall185 determine questions before the city commission. On any questio n, any city commission186 member may demand a roll call vote, and on such demand the vote shall be so taken and187 recorded in the minutes. On a vote to adopt an ordinance, the city commission shall take188 a roll call vote, and the vote shall be recorded in the minutes.189 (b) If vacancies in office result in less than a quorum of the city commission holding190 office, the remaining city commission members in office shall c onstitute a quorum and191 shall be authorized to transact business of the city commission. A vote of a majority of the192 remaining city commission members shall be required for the adoption of any ordinance,193 resolution or motion.194 (c) Once a quorum is established, the quorum cannot be defeate d by the subsequent195 departure of a city commission member.196 SECTION 3.20.197 Supervision of administration.198 (a) The city commission, at any time, may appoint one or more city commission members199 or other persons to investigate the conduct and business of any officer, employee,200 department or other agency of the city; may compel the presence of persons or the201 production of books, papers, electronic records, including but not limited to digital media,202 and other evidence; and may swear all persons summoned, as may b e n e c e s s a r y o r203 pertinent to the investigation.204 H. B. 1241 - 9 - 26 LC 47 4012S/AP (b) Except for the purpose of inquiries and investigations und er this section, the city205 commission or its members shall deal with city officers and employees who are subject to206 the direction and supervision of the city manager solely throug h the city manager, and207 neither the city commission nor its members shall give orders t o any such officer or208 employee, either publicly or privately.209 (c) Neither the city commission nor any of its members shall i n any manner control or210 demand the appointment or removal of any city administrative officer or employee whom211 the city manager or any subordinate of the city manager is empowered to appoint, but the212 city commission may express its views and fully and freely discuss with the city manager213 anything pertaining to appointment and removal of such officers and employees.214 SECTION 3.21.215 Boards, commissions, and authorities generally.216 (a) The city commission may, by ordinance or resolution, create boards, commissions and217 authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the218 city commission deems necessary and shall, by ordinance or reso lution, establish the219 composition, period of existence, duties, and powers thereof.220 (b) All members of boards, commissions, and authorities of the city shall be appointed by221 the city commission in such manner and for such terms of office as shall be provided by222 ordinance or resolution, except where other appointing authority, terms of office, or manner223 of appointment is prescribed by this Charter or by general law.224 (c) The city commission, by ordinance or resolution, may provide for the compensation225 and reimbursement for actual and necessary expenses of the memb ers of any board,226 commission, or authority.227 H. B. 1241 - 10 - 26 LC 47 4012S/AP (d) Any vacancy on a board, commission, or authority of the ci ty shall be filled for the228 unexpired term in the manner prescribed for the original appointment, except as otherwise229 provided by this Charter or by general law.230 (e) If otherwise required by state law, no member of a board, commission, or authority231 shall assume office until said person has executed and filed wi th the city clerk an oath232 obligating said person to perform faithfully and impartially th e duties of said person's233 office, such oath to be prescribed by ordinance or resolution and administered by the mayor234 or any official authorized by state law.235 (f) Every member of a board, commission or authority shall ser ve at will and may be236 removed from office by a vote of three members of the city commission.237 (g) Except as otherwise provided in this Charter or by general law, each board,238 commission, and authority of the city shall elect one of its members as chair and one of its239 members as vice-chair, and may elect or appoint as its secretary one of its members, or it240 may appoint as secretary an employee of the city. Each board, commission, or authority241 of the city may establish such bylaws, rules and regulations, n ot inconsistent with this242 Charter, the ordinances of the city or general law, as it deems appropriate and necessary243 for the fulfillment of its duties or the conduct of its affairs . Such bylaws, rules and244 regulations approved by each board, commission, or authority of the city shall be approved245 by the city commission. Copies of such bylaws, rules and regulations shall be filed with246 the city clerk.247 SECTION 3.22.248 Planning commission.249 The city commission may appoint a commission to be known as a p lanning commission250 to recommend to the city commission the boundaries of various zoning districts to be laid251 out and to recommend the adoption of appropriate regulations and restrictions to apply to252 H. B. 1241 - 11 - 26 LC 47 4012S/AP the lands, buildings, and structures in such zoning districts. The members of the planning253 commission, the number of members constituting such commission, the duties of such254 commission, the terms for which the members of such commission shall serve, and any255 compensation that such members may receive for their services shall be determined by the256 city commission. The acts of the planning commission shall be advisory only.257 SECTION 3.23.258 Removal.259 (a) Any city commission member shall be removed from office for any of the following260 causes: 261 (1) Incompetence, misfeasance, or malfeasance in office; 262 (2) Conviction of a crime involving moral turpitude; 263 (3) Failure at any time to possess any qualification of office as provided by this Charter264 or by law; 265 (4) Knowingly violating any express prohibition of this Charter; or 266 (5) Abandonment of office or failure or neglect to perform the duties thereof as required267 by this Charter or by state law.268 (b) Removal of any city commission member under this section shall be accomplished by269 one of the following methods: 270 (1) By a vote of four members of the city commission after an investigative hearing. The271 person under investigation shall be entitled to a written notice specifying the ground or272 grounds for removal and to a public hearing that shall be held not less than ten days after273 the service of the written notice. The person under investigation shall have such rights274 as are provided by law; or 275 (2) By an order of the Superior Court of DeKalb County followi ng a hearing on a276 complaint seeking such removal brought by any resident of the city.277 H. B. 1241 - 12 - 26 LC 47 4012S/AP SECTION 3.24.278 Vacancies.279 (a) The office of mayor, mayor pro tempore, or city commission er shall become vacant280 upon the incumbent's death, resignation, forfeiture of office, or removal from office in any281 manner authorized by this Charter or by the general laws of the State of Georgia.282 (b) Upon the suspension from office of the mayor, mayor pro te mpore, or city283 commissioner in any manner authorized by the general laws of th e State of Georgia, the284 remaining city commission members shall appoint a successor for the duration of the285 suspension. If the suspension becomes permanent, the office shall become vacant and shall286 be filled as provided in subsection (c) of this section.287 (c) If the office of mayor or city commissioner shall become vacant, the city commission288 or the remaining city commissioners shall call a special election to fill the balance of the289 unexpired term of such official; however, if such vacancy occurs within twelve months of290 the expiration of the term of that office, the city commission or the remaining city291 commissioners shall appoint a succe ssor for the remainder of th e term. If the office of292 mayor pro tempore shall become vacant, the city commission shal l appoint a city293 commissioner to the office of mayor pro tempore to serve the re maining balance of the294 then-current term.295 SECTION 3.25.296 Ethics Committee.297 The use of public office for private gain is prohibited. The c ity commission shall298 implement this prohibition and other ethical principles by ordinance, including appointment299 of an ethics committee. The ethics committee shall have such membership, powers, and300 duties as set forth in this Charter or by ordinance."301 H. B. 1241 - 13 - 26 LC 47 4012S/AP SECTION 2.302 All laws and parts of laws in conflict with this Act are repealed.303 H. B. 1241 - 14 -