06 LC 28
3031
Senate
Bill 666
By:
Senator Grant of the 25th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Milledgeville, approved
December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly
by an Act approved August 19, 1916 (Ga. L. 1916, p. 819), and an
Act approved March 5, 1976 (Ga. L. 1976, p. 2820), and an Act
approved May 22, 2003 (Ga. L. 2003, p. 3661), so as to provide for the
transaction of business of the city council; to establish a quorum and the votes
necessary to pass or enact any matter; to provide for meetings of the city
council and notice thereof; to provide for the duties and powers of the mayor;
to provide for the temporary appointment of individuals to act as city manager
under certain circumstances; to provide additional duties of the city manager;
to provide for the circumstances in which the mayor and council may give
directions to employees under the city manager; to provide for competitive bids
under certain circumstances; to provide for the appointment of certain city
officers and the adoption of certain policies, procedures, and compensation
plans; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing a new charter for the City of Milledgeville, approved December 15,
1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act
approved August 19, 1916 (Ga. L. 1916, p. 819), and an Act
approved March 5, 1976 (Ga. L. 1976, p. 2820), and an Act
approved May 22, 2003 (Ga. L. 2003, p. 3661), is amended by striking
Section 12 and inserting in lieu thereof a new Section 12 and Section 12.1 to
read as follows:
"SECTION
12.
(a)
In addition to other acts required by general state law or by specific
provisions of this charter to be done by ordinance, acts of the city council
which have the force and effect of law shall be done by ordinance. The city
council by ordinance shall adopt such rules of procedure and form as it deems
appropriate for the reading, consideration, and enactment of
ordinances.
(b)
Four councilmembers shall constitute a quorum and shall be authorized to
transact business of the city council; provided, however, that, when there are
no more than four members of council present, it shall require at least three
votes to pass any measure, except as otherwise provided in this
charter.
(c)
Whenever in this charter a majority vote of councilmembers is required, it shall
mean the affirmative vote of at least four councilmembers or, in the case of a
tie, the affirmative vote of the mayor and three councilmembers.
(d)
It shall not be necessary to the validity of any ordinance passed by such city
council to publish the same in any newspaper or to post a copy of said
ordinance.
SECTION
12.1.
(a)
The city council shall hold regular meetings at such times and places as
prescribed by ordinance.
(b)
Special meetings of the city council may be held on call of the mayor or three
members of the city council. Notice of such special meetings shall be served on
all other members personally, or by telephone personally, at least 24 hours in
advance of the meeting. Such notice to councilmembers shall not be required if
the mayor and all councilmembers are present when the special meeting is called.
Such notice of any special meeting may be waived by a councilmember in writing
before or after such a meeting, and attendance at the meeting shall also
constitute a waiver of notice on any business transacted in such
councilmembeŕs
presence. Only the business stated in the call may be transacted at the special
meeting.
(c)
All meetings of the city council at which any official action is to be taken
shall be public to the extent required by Code Section 50-14-1, et seq., of the
O.C.G.A., as amended; and notice of such meetings, whether regular or special,
shall be made fully as is reasonably possible at least three days prior to such
meetings."
SECTION
2.
Said
Act is further amended by striking Section 21.2 and inserting in lieu thereof a
new Section 21.2 to read as follows:
"SECTION
21.2.
The
mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Be the head of the city for purpose of service of process and for ceremonial
purposes;
(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;
(5)
Nominate members of citizen advisory boards, committees, authorities, and
commissions with the advice and consent of the city council;
(6)
Vote on matters before the city council only in the event of a tie;
and
(7)
Appoint city council committees and all ad hoc
committees."
SECTION
3.
Said
Act is further amended by striking Section 21.7 and inserting in lieu thereof a
new Section 21.7 to read as follows:
"SECTION
21.7.
In
the event of the suspension of the city manager by the city council or the
scheduled or anticipated absence or disability of the city manager for a period
of ten or more consecutive days, the city council shall designate by a majority
vote of all councilmembers a person or persons to perform the functions and
duties of the city manager during his or her suspension or absence or
disability. Vacancies in the office of city manager shall be filled by the city
council as early as practicable and, until such a vacancy is filled, the city
council shall have full powers to make a temporary appointment of a qualified
person to perform the functions and duties of the
manageŕs
office."
SECTION
4.
Said
Act is further amended in Section 21.8 by redesignating paragraphs (8) and (9)
as paragraphs (9) and (10), respectively, and inserting a new paragraph (8) to
read as follows:
"(8)
Prepare and organize the city council agenda for all meetings and work
sessions;".
SECTION
5.
Said
Act is further amended by striking Section 21.9 and inserting in lieu thereof a
new Section 21.9 to read as follows:
"SECTION
21.9.
Except
for the purpose of inquiries or investigations authorized by a majority vote of
councilmembers, neither the mayor nor the city council or its members shall
direct or give orders to city officers or employees who are subject to the
direction and supervision of the city
manager."
SECTION
6.
Said
Act is further amended by striking Section 21.11 and inserting in lieu thereof a
new Section 21.11 to read as follows:
"SECTION
21.11.
It
shall be the duty of the city manager or the city
manageŕs
designee to obtain competitive bids for the purchase of any real or personal
property with a fair market value exceeding an amount as the city council may
from time to time establish by ordinance, except when such property is acquired
through state contract, or, unless such ordinance provides otherwise, in cases
in which an emergency exists or other circumstances require that an immediate
purchase be made and such facts are so stated in a resolution adopted by the
city council authorizing such
purchase."
SECTION
7.
Said
Act is further amended by striking Section 22 and inserting in lieu thereof a
new Section 22 to read as follows:
"SECTION
22.
(a)
The city council shall appoint by majority vote of councilmembers the following
city officers and officials:
(1)
City auditor;
(2)
Municipal court judge;
(3)
Municipal court solicitor; and
(4)
Municipal court public defender.
(b)
All city officers and officials appointed pursuant to this section and Section
23.1 shall serve at the pleasure of the city council and are subject to
immediate removal or suspension at any time by a majority vote of the
councilmembers.
(c)
All other personnel, officers, or agents of the city shall be appointed by the
city manager, except as otherwise provided by law or personnel ordinances
adopted pursuant to this charter.
(d)
The city council by ordinance may adopt such personnel policies, procedures,
classifications, and compensation plans as it deems necessary for the proper
administration of the affairs and government of this
city."
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.