HB1559: HB1559 Palmetto, City of; qualifications, terms, powers, and duties of mayor, councilmembers, and city manager; revise provisions

26 LC 47 4130/AP House Bill 1559 (AS PASSED HOUSE AND SENATE) By: Representatives Glaize of the 67th and Dawson of the 65th A BILL TO BE ENTITLED AN ACT To amend an Act to provide a new charter for the City of Palmetto, approved March 2, 19661 (Ga L. 1966, p. 2771), as amended, so as to revise provisions r elated to the qualifications,2 terms, powers, and duties of the mayor, councilmembers, and cit y manager; to revise3 provisions for departments and employees of the city government ; to provide for related4 matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 An Act to provide a new charter for the City of Palmetto, appro ved March 2, 1966 (Ga L.8 1966, p. 2771), as amended, is amended by revising Section 5.1 as follows:9 "SECTION 5.1.10 Mayor, qualifications, term of office.11 (a) To be eligible for the office of mayor a person shall:12 (1) Meet the requirements of a qualified elector for members of the General Assembly13 as prescribed by state law;14 H. B. 1559 - 1 - 26 LC 47 4130/AP (2) Have been a bona fide resident of the City of Palmetto for one year next preceding15 the election in which he or she offers as a candidate; and16 (3) Have no debts outstanding against him or her in favor of the city.17 (b) The term of office of the mayor shall be four years and un til his or her successor is18 elected and qualified.19 (c) If at any time after his or her election a mayor or mayor-elect shall be convicted by a20 court of competent jurisdiction of a crime involv ing moral turpitude, the office shall be21 declared vacant by the council and shall be filled in the manner prescribed in this charter22 for filling vacancies occurring in the office of mayor or councilmember."23 SECTION 2.24 Said Act is further amended by revising Section 6.1 as follows:25 "SECTION 6.1.26 Councilmembers, qualifications, terms of office.27 The qualifications of the office of councilmember shall be the same as those prescribed for28 the office of mayor. The term of office of councilmembers shal l be four years and until29 their successors are elected and qualified. Councilmembers shall be elected to staggered30 terms, with three councilmembers elected at one municipal general election, and the three31 other councilmembers elected at the next proceeding municipal general election."32 SECTION 3.33 Said Act is further amended by revising Section 14.1 as follows:34 H. B. 1559 - 2 - 26 LC 47 4130/AP "SECTION 14.1.35 Mayor, duties.36 The mayor shall:37 (1) Be the chief spokesperson of the city and the chairperson of the council. He or she38 shall preside at all official meetings of the city government and see that all meetings are39 conducted in a parliamentary manner to preserve order and decorum in such meetings;40 (2) Be responsible to the people for seeing that the provisions of this charter and all duly41 enacted ordinances are carried out and shall be the chief advocate of formally approved42 and adopted city policy;43 (3) Be authorized to appoint council committees and such other committees subject to44 council approval and as provided by law and shall be an ex offi cio member of all such45 committees unless otherwise provided;46 (4) See that all city funds are properly accounted for and tha t all city revenues are47 properly and promptly collected;48 (5) Inform the council from time to time of the general condit ion of the city and its49 affairs and recommend such measures as he or she may deem necessary or expedient for50 the welfare of the city;51 (6) Cause to be inspected the records and books of accounts of the officers of the city and52 see that they are properly and correctly kept;53 (7) Require such reports to be made to the council by such off icers as he or she may54 deem proper;55 (8) See that order is maintained in the city and that the property and effects of the city56 are preserved;57 (9) Exercise general supervision and jurisdiction over the affairs of the city;58 (10) Convene the council in extra sessions, or called meetings, as frequently as he or she59 may deem proper;60 H. B. 1559 - 3 - 26 LC 47 4130/AP (11) Sign ordinances and resolutions upon their passage;61 (12) Sign deeds, bonds, contracts, and other instruments appro ved by the council as62 required by law;63 (13) Have no vote on any question before the council except in the case of a tie or as64 otherwise expressly provided by this charter or other law; and65 (14) Within ten calendar days of receipt of an ordinance for the city clerk following its66 adoption by the council, return such ordinance to the city cler k with or without the67 mayor's approval or with the mayor's disapproval. If the ordin ance has been approved68 by the mayor, such ordinance shall become law upon its return t o the city clerk; if the69 ordinance is neither approved nor disapproved, such ordinance shall become law at 12:0070 Noon on the tenth calendar day after its adoption; if the ordin ance is disapproved, the71 mayor shall submit to the council through the city clerk a written statement of reasons for72 the veto. The city clerk shall record upon the ordinance the d ate of such ordinance's73 delivery to and receipt from the mayor. Upon receipt of the ma yor's veto statement,74 council may override the mayor's veto by a vote of not less than five councilmembers."75 SECTION 4.76 Said Act is further amended by revising Section 20.2 as follows:77 "SECTION 20.2.78 City manager, duties.79 (a) The mayor and council shall be authorized to create the office of city manager. The80 city manager shall be selected and appointed by the affirmative vote of a majority of the81 members of the council.82 (b) Any references in this charter to the 'city administrator' shall be deemed to refer to the83 'city manager.'84 H. B. 1559 - 4 - 26 LC 47 4130/AP (c) The city manager shall be selected solely on the basis of his or her executive,85 educational, and administrative qualifications. The city manager must not need to reside86 within the city, nor does he or she have to be a resident of this state at the time of his or her87 appointment.88 (d) Neither the mayor nor any member of the council shall be allowed to serve as the city89 manager.90 (e) The city manager shall hold such position at the pleasure of the mayor and council and91 may be removed at the discretion of the mayor and council by a majority vote of the92 council; provided, however, that the city and the city manager may provide for alternate93 removal provisions by way of contract.94 (f) The compensation of the city manager shall be set in a contract entered between the city95 and the city manager, and such compensation shall not be diminished during the term of96 such contract without the consent of the city manager unless the city manager is suspended97 or removed from office. The mayor and council may, by majority vote, increase the98 compensation of the city manager and the contract shall be amended as such.99 (g) The city manager shall implement the policies of the mayor and council as such100 policies are expressed in ordinances and resolutions. The mayo r and council may, by101 majority vote, prescribe such other duties of the city manager as may be consistent with102 law.103 (h) The city manager shall, subject to the policy control direction and supervision of the104 mayor and council, be the head of the administrative branch of the city government and105 shall be responsible for the efficient administration of all de partments of the city106 government, excluding those persons working exclusively at the pleasure of the mayor or107 council.108 (i) As the chief executive and administrative officer of the c ity government, the city109 manager shall:110 H. B. 1559 - 5 - 26 LC 47 4130/AP (1) Except as otherwise provided by law or personnel ordinances adopted by the mayor111 and council, appoint and, when the city manager deems necessary for the good of the city,112 suspend or remove all city employees and administrative officer s the city manager113 appoints. The city manager may authorize any administrative officer who is subject to114 the city manager's direction to exercise these powers with respect to subordinates in such115 officer's department, office, or agency;116 (2) Direct and supervise the administration of all departments, offices, and agencies of117 the city, except as otherwise provided by this charter or other law;118 (3) Submit for confirmation by the majority vote of mayor and council persons selected119 as department heads;120 (4) Attend all mayor and council meetings, except for closed m eetings held for the121 purpose of deliberating on the appointment, discipline, or removal of the city manager,122 and shall have the right to take part in discussions but not to vote;123 (5) See that all laws, provisions of this charter, and acts of the mayor and council subject124 to enforcement by the city manager, or by officers subject to the city manager's direction125 and supervision, are faithfully executed;126 (6) Prepare and submit the annual operation budget and capital budget of the city to the127 mayor and council;128 (7) Submit to the mayor and council and make available to the public a complete report129 on the finances and administrative activities of the city at the end of each fiscal year;130 (8) Make such other reports as the mayor and council may requi re concerning the131 operation of city departments, offices, or agencies subject to the city manager's direction132 and supervision;133 (9) Keep the mayor and council fully advised as to the financi al condition and future134 needs of the city and make such recommendations to the mayor and council as the city135 manager deems necessary;136 H. B. 1559 - 6 - 26 LC 47 4130/AP (10) Make recommendations to the mayor and council concerning the affairs of the city137 and facilitate the work of the mayor and council in developing policy;138 (11) Assist the mayor and council to develop long-term goals for the city and strategies139 to implement such goals;140 (12) Encourage and provide staff support for regional and intergovernmental cooperation141 the city is undertaking;142 (13) Promote partnerships among the mayor and council, staff, and citizens in143 developing public policy and building a sense of community; and144 (14) Perform such other duties as specified in this charter or as may be required by the145 mayor and council."146 SECTION 5.147 Said Act is further amended by revising Section 21.1 as follows:148 "SECTION 21.1.149 Departments, employees.150 The mayor and council shall have the authority to establish by ordinance such departments151 within the city government as they shall deem necessary and expedient to accomplish any152 purpose consistent with this charter and the laws of this state. The officers, employees, and153 rules and regulations, including the fixing of compensation, au thorities, and duties of154 personnel governing such departments, shall be established by ordinance."155 SECTION 6.156 All laws and parts of laws in conflict with this Act are repealed.157 H. B. 1559 - 7 -