06 LC 21
8762/AP
House
Bill 1479 (AS PASSED HOUSE AND SENATE)
By:
Representatives Carter of the
159th
and Burns of the
157th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act to provide a new charter for the City of Rincon, approved April 4,
1997 (Ga. L. 1997, p. 3556), as amended, so as to provide for conflicts of
interest; to provide for a quorum; to provide for powers and duties of the
mayor; to provide for jurisdiction of the municipal court; to provide for
appeals; to repeal provisions relating to the removal of officers; to provide
for city boards, commissions, and authorities; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act to provide a new charter for the City of Rincon, approved April 4, 1997
(Ga. L. 1997, p. 3556), as amended, is amended by striking in its entirety
paragraph (4) of subsection (a) of Section 2.14 and inserting in lieu thereof
the following:
"(a)(4)
Accept any valuable gift, whether in the form of service, loan, thing, or
promise, from any person, firm, or corporation which to such official, officer,
or
employee∗s
knowledge is interested, directly or indirectly, in any manner whatsoever, in
business dealings with the governmental body by which such person is engaged;
provided, however, that an elected official who is a candidate for public office
may accept campaign contributions and services in connection with any such
campaign; and provided, further, that an elected official may receive a valuable
gift, the value of which may not exceed $100.00 per quarter of a calendar year
nor exceed $250.00 per calendar year; and provided, further, that the same
valuable gift must be offered to all council members; and in the event an
elected official wishes to accept a gift exceeding these guidelines, then the
elected official must obtain a waiver approved by a majority vote of the city
council;
or"
SECTION
2.
Said
Act is further amended by striking in its entirety subsection (a) of Section
2.21 and inserting in lieu thereof the following:
"(a)
Four of the council members shall constitute a quorum, which shall not include
the mayor, and shall be authorized to transact business of the mayor and
council. Voting on the adoption of ordinances shall be by a roll call vote and
such vote shall be recorded in the journal. Except as otherwise provided in this
charter, the affirmative vote of four council members (including the
mayoŕs
vote in the case of a tie) shall be required for the adoption of any ordinance.
Further, except as otherwise provided in this charter, the affirmative vote of a
majority of the quorum present (including the
mayoŕs
vote in the case of a tie) shall be required for the adoption of any resolution
or motion. The mayor shall be empowered to vote in case of a tie vote between
the council members in order to break the
tie."
SECTION
3.
Said
Act is further amended by striking in its entirety Section 2.33 and inserting in
lieu thereof the following:
"SECTION
2.33.
Powers and duties of mayor.
Powers and duties of mayor.
The
mayor shall:
(1)
Preside at all meetings of the mayor and council;
(2)
Be the head of the city for the purpose of service of process and for ceremonial
purposes and shall be the official spokesman 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 to break any tie vote which may occur between the council members related
to the adoption of any ordinance, resolution, or
motion."
SECTION
4.
Said
Act is further amended by striking in its entirety Section 3.11 and inserting in
lieu thereof the following:
"SECTION
3.11.
City boards, city commissions, and city authorities.
City boards, city commissions, and city authorities.
(a)
The mayor and council shall create by ordinance such city boards, city
commissions, and city authorities to fulfill any investigative, quasi-judicial,
or quasi-legislative function the city council deems necessary and shall by
ordinance establish the composition, period of existence, duties, and powers
thereof.
(b)
All members of city boards, city commissions, and city authorities shall be
appointed by the mayor and council for such terms of office and in such manner
as shall be provided by ordinance, except where other appointing authority,
terms of office, or manner of appointment is prescribed by this charter or by
law.
(c)
The mayor and council, by ordinance, may provide for the compensation and
reimbursement for actual and necessary expenses of the members of any city
board, city commission, or city authority.
(d)
Except as otherwise provided by charter or by law, no member of any city board,
city commission, or city authority shall hold any elective office in the
city.
(e)
Any vacancy on a city board, city commission, or city authority shall be filled
for the unexpired term in the manner prescribed herein for original appointment,
except as otherwise provided by this charter or by law.
(f)
No member of a city board, city commission, or city authority shall assume
office until such member has executed and filed with the clerk of the city an
oath obligating that member to faithfully and impartially perform the duties of
office, such oath to be prescribed by ordinance and administered by the
mayor.
(g)
Any member of a city board, city commission, or city authority may be removed
from office for cause by a vote of five members of the mayor and
council.
(h)
Except as otherwise provided by this charter or by law, each city board, city
commission, or city authority shall elect one of its members as chairperson and
one member as vice-chairperson and may elect as its secretary one of its own
members or may appoint as secretary an employee of the city. Each city board,
city commission, or city authority or the city government may establish such
bylaws, rules, and regulations, not inconsistent with this charter, ordinances
of the city, or law, as it deems appropriate and necessary for the fulfillment
of its duties or the conduct of its affairs. Copies of such bylaws, rules, and
regulations shall be filed with the clerk of the
city."
SECTION
5.
Said
Act is further amended by striking subsection (b) of Section 4.13 and inserting
in lieu thereof the following:
"(b)
The municipal court shall have authority to punish those in its presence for
contempt, provided that such punishment shall not exceed $600.00, 20 days in
jail, or both $600.00 and 20 days in
jail."
SECTION
6.
Said
Act is further amended by striking in its entirety Section 4.14 and inserting in
lieu thereof the following:
"SECTION
4.14.
Appeal.
Appeal.
(a)
A review on a decision of the municipal court, in the case of traffic
violations, may be by direct appeal to the State Court of Effingham County,
Georgia, and any bond as may be required to secure the costs of appeal to the
State Court of Effingham County from the municipal court shall lie as prescribed
by law. An appeal to the state court shall not be a de novo
proceeding.
(b)
The right to appeal from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violation cases, and such appeal shall
be obtained under the sanction of a judge of the State Court of Effingham County
under the laws of the State of Georgia regulating the appealing of a case from
the Magistrate Court of Effingham
County."
SECTION
7.
Said
Act is further amended by striking in its entirety Section 5.16.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed