06 LC 37
0063/AP
House
Bill 1346 (AS PASSED HOUSE AND SENATE)
By:
Representatives Manning of the
32nd,
Ehrhart of the
36th,
Tumlin of the
38th,
Johnson of the
37th,
and Setzler of the
35th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating a new charter for the City of Kennesaw, approved April 10,
1971 (Ga. L. 1971, p. 3620), as amended, so as to change the charter provision
relating to what shall constitute a quorum; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating a new charter for the City of Kennesaw, approved April 10, 1971
(Ga. L. 1971, p. 3620), as amended, is amended by striking Section 2.05 and
inserting in lieu thereof a new Section 2.05 to read as follows:
"SECTION
2.05.
City council.
City council.
The
governing body of said city shall be composed of a mayor and five
councilmembers, in which is vested all corporate, legislative, and other powers
of the city, except as otherwise provided in this Act. The mayor and council
shall hold regular public meetings at a stated time and place as provided by
ordinance. The mayor and council shall meet in special session on call of
either the mayor or the mayor pro tempore and two councilmembers and when notice
of which has been served on the other members personally or left at their
residence at least 12 hours in advance of the meeting. Alternatively, or in
addition thereto, notice of a special session may be given by telephoning the
other members. If this method is used, the first order of business in the
special session shall be to enter upon the minutes of the meeting an oath or an
affidavit by the mayor or the mayor pro tempore and two councilmembers calling
the special session, attested to by the city clerk or by another member of the
council, or any person authorized to administer oaths. Said oath or affidavit
must contain a statement that each councilmember was either notified personally
by telephone by the person making the oath or affidavit or was not capable of
being so notified by reason of lack of knowledge of his or her whereabouts or
because of his or her absence from the state. Any person who is found guilty of
false swearing as defined by Section 16-10-71 of the O.C.G.A., as it now exists
or may hereafter be amended, in the above proceeding shall be punished as
provided by law. Any action taken in a special session which was called by a
person later found guilty of false swearing regarding the telephone notice of
any member shall be void, unless ratified unanimously at a regular council
meeting held after said person is found guilty. A ratification of action taken
in such a special session by the mayor and council prior to a conviction for
false swearing shall not be effective. Any liability to the city arising from
action taken by the mayor and council pursuant to a special session in which
telephone notice is given and in which the person calling the meeting is found
guilty of false swearing shall result in several liability for the person so
convicted. But such notice of a special meeting shall not be required and shall
be considered waived if the mayor and all council are present when the special
meeting is called or convened. Only the business stated in the written call or
stated as being the purpose in the oath or affidavit required in special
sessions convened under the telephone notice provision of this charter may be
transacted at a special meeting, except by unanimous consent of all members of
the council. The mayor and council shall exercise their powers in public
meetings. Four members of the governing body of the city shall constitute a
quorum. The council may by ordinance adopt rules and bylaws to govern the
conduct of its business; including procedures and penalties for compelling the
attendance of absent members. The mayor and council may provide by ordinance
for punishment of contemptuous behavior conducted in their
presence."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.