HB 539 - Perry, City of; department and agency directors; city manager

Georgia House of Representatives - 1995/1996 Sessions

HB 539 - Perry, City of; department and agency directors; city manager

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House Comm: LLeg / Senate Comm: SLGO / House Vote: Yeas 155 Nays 0 Senate Vote: Yeas 49 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 2/2/95 Read 1st Time 2/7/95 2/3/95 Read 2nd Time 2/6/95 Favorably Reported 2/10/95 2/6/95 Read 3rd Time 2/6/95 Passed/Adopted 2/10/95 3/20/95 Sent to Governor 3/27/95 Signed by Governor 117 Act/Veto Number 3/27/95 Effective Date ---------------------------------------- Code Sections amended:
HB 539 LC 14 6425 A BILL TO BE ENTITLED AN ACT 1- 1 To amend an Act reincorporating and providing a new charter 1- 2 for the City of Perry in Houston County, approved March 29, 1- 3 1983 (Ga. L. 1983, p. 4386), as amended, so as to provide 1- 4 for appointment, duties, and removal of department and 1- 5 agency directors; to provide for appointment, compensation, 1- 6 and removal of a city manager; to provide for the authority 1- 7 of the city manager to discharge certain city employees; to 1- 8 repeal conflicting laws; and for other purposes. 1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-10 An Act reincorporating and providing a new charter for the 1-11 City of Perry in Houston County, approved March 29, 1983 1-12 (Ga. L. 1983, p. 4386), as amended, is amended by striking 1-13 in its entirety subsection (d) of Section 3.10 and inserting 1-14 in lieu thereof a new subsection (d) to read as follows: 1-15 "(d) There shall be a director of each department or 1-16 agency who shall be its principal officer. Each director 1-17 shall, subject to the immediate direction and supervision 1-18 of the city manager, be responsible for the administration 1-19 and direction of the affairs and operations of his or her 1-20 department or agency. Directors shall be appointed upon 1-21 approval by a majority vote of the city council. The city 1-22 manager may make recommendations to the city council 1-23 regarding the appointment, suspension, demotion, or 1-24 discharge of such directors, but any such recommendation 1-25 shall be subject to approval by resolution adopted in 1-26 accordance with the provisions of Section 2.21 of this 1-27 charter. Each director shall serve at the pleasure of the 1-28 city council." SECTION 2. 1-29 Said Act is further amended by striking in its entirety 1-30 subsection (c) of Section 3.16 and inserting in lieu thereof 1-31 a new subsection (c) to read as follows: -1- (Index) LC 14 6425 2- 1 "(c) The city manager shall be appointed with regard to 2- 2 merit only. The city manager shall hold office at the 2- 3 pleasure of the city council and may be discharged at any 2- 4 time, with or without cause, in accordance with the 2- 5 procedures set forth in subsection (f) of this section. 2- 6 The city manager shall receive such compensation as the 2- 7 city council shall determine." SECTION 3. 2- 8 Said Act is further amended by striking in its entirety 2- 9 paragraph (4) of subsection (d) of Section 3.16 and 2-10 inserting in lieu thereof a new paragraph (4) to read as 2-11 follows: 2-12 "(4) In consultation with the appropriate department or 2-13 agency director and the personnel officer or committee, if 2-14 any, appoint and, when deeming it necessary for the good 2-15 of the city, suspend or remove any and all city employees, 2-16 except department or agency directors and those persons 2-17 appointed by the mayor and council under the provisions of 2-18 this charter or by law or personnel ordinances adopted 2-19 pursuant to this charter;" SECTION 4. 2-20 Said Act is further amended by striking in its entirety 2-21 subsection (f) of Section 3.16 and inserting in lieu thereof 2-22 a new subsection (f) to read as follows: 2-23 "(f) The city manager may be removed from office in 2-24 accordance with the following procedures: 2-25 (1) Removal of the city manager shall require adoption 2-26 of a resolution for removal in accordance with the 2-27 provisions of Section 2.21 of this charter; 2-28 (2) The resolution may also provide for the suspension 2-29 of the city manager for a period not to exceed 45 days; 2-30 (3) A certified copy of the resolution shall promptly be 2-31 served on the city manager; 2-32 (4) The city manager shall be entitled to receive his or 2-33 her salary up until the effective date of a resolution 2-34 of removal; and 2-35 (5) The action of the council in suspending or removing 2-36 a city manager shall not be subject to review by any 2-37 court or agency except for the determination of 2-38 constitutional questions." -2- (Index) LC 14 6425 SECTION 5. 3- 1 All laws and parts of laws in conflict with this Act are 3- 2 repealed. -3- (Index)

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