Bill Text: GA HB244 | 2011-2012 | Regular Session | Introduced

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Bill Title: Arlington, City of; mayor and city manager; provide

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-03-28 - Effective Date [HB244 Detail]

Download: Georgia-2011-HB244-Introduced.html

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11 LC 25 5768/AP

House Bill 244 (AS PASSED HOUSE AND SENATE)

By: Representative Greene of the 149th

A BILL TO BE ENTITLED
AN ACT

To amend an Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), so as to provide for duties of the mayor; to provide for administrative departments and officers thereof; to provide for appointment, qualifications, and compensation of a city manager; to provide for powers and duties of the city manager; to prohibit certain council interference with administration; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act reincorporating the City of Arlington in the County of Calhoun and Early, State of Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3885), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3622), is amended by revising Sections 2.28 and 2.29 as follows:

"SECTION 2.28.
Reserved.

SECTION 2.29.
Powers and duties of mayor.

The mayor shall:

(1) Preside at all meetings of the city council;

(2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy;

(3) Have power to administer oaths and to take affidavits;

(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and

(5) Vote on all matters before the city council and be counted toward a quorum as any other councilmember."

SECTION 2.

Said Act is further amended by revising subsections (d) and (e) of Section 3.10 as follows:

"(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.

(e) All appointed officers, directors, and department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of the appointment by the city council. All appointed officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance."

SECTION 3.

Said Act is further amended by redesignating Sections 3.12 through 3.14 as Sections 3.15 through 3.17, respectively, and adding new Sections 3.12 through 3.14 to read as follows:

"SECTION 3.12.
City manager; appointment; qualifications; compensation.

The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The city manager is employed at will and may be summarily removed from office at any time by the city council.

SECTION 3.13.
Powers and duties of city manager.

The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:

(1) Appoint all city employees except appointed officers, directors, and department heads, who shall be appointed as provided in subsection (e) of Section 3.10 of this charter, and suspend or remove all city employees, appointed officers, directors, and department heads as provided by subsection (e) of Section 3.10 of this charter, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;

(2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;

(3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not to vote;

(4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed;

(5) Prepare and submit the annual operating budget and capital budget to the city council;

(6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;

(7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision;

(8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and

(9) Perform other such duties as are specified in this charter or as may be required by the city council.

SECTION 3.14.
Council interference with administration.

Except for the purpose of inquiries and investigations authorized by Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately."

SECTION 4.

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