07 LC 37
0308/AP
House
Bill 480 (AS PASSED HOUSE AND SENATE)
By:
Representatives Marin of the
96th,
Floyd of the
99th,
and Rice of the
51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating a new charter for the City of Norcross, Georgia, approved
March 28, 1990 (Ga. L. 1990, p. 4934), as amended,
particularly by an Act approved April 4, 1991 (Ga. L. 1991,
p. 3680), an Act approved March 25, 1996 (Ga. L. 1996,
p. 3666), and an Act approved March 24, 1997 (Ga. L. 1997,
p. 3517), so as to change the form of government from a mayor-council form
of government to a city manager-council form of government; 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 creating a new charter for the City of Norcross, Georgia, approved
March 28, 1990 (Ga. L. 1990, p. 4934), as amended,
particularly by an Act approved April 4, 1991 (Ga. L. 1991,
p. 3680), an Act approved March 25, 1996 (Ga. L. 1996,
p. 3666), and an Act approved March 24, 1997 (Ga. L. 1997,
p. 3517), is amended by striking Section 2.28 in its entirety and inserting
in lieu thereof a new Section 2.28 to read as follows:
"SECTION
2.28.
The mayor: powers and duties.
The mayor: powers and duties.
The
mayor shall be the chief elected officer of the city and as such shall have the
following powers and duties:
(1)
To preside at all meetings of the city council and be recognized as the official
head and spokesperson of the city for service of process and ceremonial
purposes;
(2)
To vote on matters before the city council only in case of a tie;
(3)
To sign timely, for and on behalf of the city, all contracts, ordinances,
instruments, and other documents authorized by the city council and which are
required to be in writing, unless otherwise directed or authorized by the city
council;
(4)
To administer oaths and to take affidavits; and
(5)
To fulfill such other duties as authorized by the city
council."
SECTION
2.
Said
Act is further amended by adding new Sections 2.30 through 2.35 to read as
follows:
"SECTION
2.30.
The city manager: general powers.
The city manager: general powers.
The
city council shall appoint a city manager for an indefinite term and shall set
his or her compensation in an employment contract. The city manager shall be
appointed solely on the basis of that person´s executive and administrative
qualifications, including relevant experience.
SECTION
2.31.
Powers and duties of the city manager.
Powers and duties of the 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 his or her charge by or under this
charter. The city manager shall have the following powers and
duties:
(1)
To appoint and, when he or she deems it necessary for the good of the city,
suspend or remove all city employees and administrative officers he or she
appoints, 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)
To 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)
To attend all city council meetings and have the right to take part in
discussion, but the city manager may not vote;
(4)
To 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)
To prepare and submit the annual operating budget and capital budget to the city
council. Once approved for the following fiscal year, any increase in the
appropriations for these budgets, whether accomplished through a change in
anticipated revenues or through a transfer of appropriations among departments,
shall require the approval of the city council. Such amendment shall be adopted
by ordinance or resolution;
(6)
To submit to the city council a quarterly summary of the finances and
administrative activities of the city, and to make available to the council and
public a complete report on the finances and administrative activities of the
city as of the end of each fiscal year;
(7)
To prescribe, require, publish, and implement standards of administrative
management and operating procedures to be followed and adhered to by all
offices, departments, boards, commissions, authorities, and other agencies of
the city which are subject to the city manager´s supervision;
(8)
To act as the purchasing agent of the city;
(9)
To make such other studies, reports, and investigations as the city council may
require concerning the operations of city departments, offices, and agencies
subject to the city manager´s direction and supervision;
(10)
To keep the city council fully advised as to the future needs of the city, and
make such recommendations to the city council concerning the affairs of the city
as he or she deems desirable; and
(11)
To perform other such duties as are specified in this charter or as may be
required by the city council.
SECTION
2.32.
Budget authority and special funds.
Budget authority and special funds.
The
city manager shall have full authority to execute the city´s annual
operating budget and capital budget. Establishment of all special funds and
authorization of expenditures from the special funds shall require approval of
the city council. The city council shall also approve any operating or capital
budget amendments requiring use of funds from the contingency special
fund.
SECTION
2.33.
Council´s noninterference with administration.
Council´s noninterference with administration.
Except
for the purpose of inquiries and investigations, the mayor and city council
members shall not give orders or directions to any city employees who are
subject to the direction and supervision of the city manager, either publicly or
privately, directly or indirectly.
SECTION
2.34.
Removal of city manager.
Removal of city manager.
The
city council may remove the city manager from office in accordance with the
following procedures:
(1)
The city council shall adopt by affirmative vote of two-thirds of its members a
preliminary resolution which must state the reasons for removal and may suspend
the city manager from duty for a period not to exceed 45 days. A copy of the
resolution shall be delivered promptly to the city manager;
(2)
Within five days after a copy of the resolution is delivered to the city
manager, he or she may file with the city council a written request for a public
hearing. This hearing shall be held within 30 days after the request is filed.
The city manager may file with the city council a written reply not later than
five days before the hearing; and
(3)
If the city manager has not requested a public hearing within the time specified
in paragraph (2) of this section, the city council may adopt a final resolution
for removal, which may be made effective immediately, by an affirmative vote of
a majority of all its members. If the city manager has requested a public
hearing, the city council may adopt a final resolution for removal, which may be
made effective immediately, by an affirmative vote of a majority of all its
members at any time after the public hearing.
The
city manager shall continue to receive his or her salary until the effective
date of a final resolution of removal.
SECTION
2.35.
Acting city manager.
Acting city manager.
By
letter filed with the city clerk, the city manager shall designate a qualified
city administrative officer to exercise the powers and perform the duties of
city manager during his or her temporary absence or disability. During such
absence or disability, the city council may revoke such designation at any time
and appoint another officer of the city to serve until the city manager shall
return or his or her disability shall cease."
SECTION
3.
Said
Act is further amended by striking Sections 3.12 and 3.13 in their entirety and
inserting in lieu thereof new Sections 3.12 and 3.13 to read as
follows:
"SECTION
3.12.
The city clerk.
The city clerk.
The
city manager shall appoint a city clerk who shall not be a council member. The
city clerk shall be custodian of the official city seal, maintain city council
records required by this charter, and perform such other duties as may be
required by the mayor and city council.
SECTION
3.13.
The treasurer.
The treasurer.
The
city manager shall appoint a city treasurer to collect all taxes, licenses,
fees, and other moneys belonging to the city subject to the provisions of this
charter and the ordinances of the city, and to enforce all laws of Georgia
relating to the collection of delinquent taxes and sale or foreclosure for
nonpayment of taxes to the city. The city treasurer shall also be responsible
for the general duties of a treasurer and fiscal officer. The city clerk and
city treasurer shall not be the same person."
SECTION
4.
Said
Act is further amended by striking Sections 3.16 through 3.18 in their entirety
and inserting in lieu thereof new Sections 3.16 through 3.18 to read as
follows:
"SECTION
3.16.
The city auditor.
The city auditor.
The
city manager shall contract with confirmation of the city council an outside
firm to perform the duties of a city auditor.
SECTION
3.17.
Human resources.
Human resources.
(a)
Human resources
manager. The city manager shall appoint a
human resources manager who shall be responsible for policies and practices
related to the equitable treatment of city employees.
(b)
The city position
classification and pay plan. The human
resources manager shall be responsible for the preparation of a position
classification and pay plan which shall be submitted to the city manager and
then to the city council for approval. Such plan shall apply to all employees
of the city and any of its agencies, departments, boards, commissions, or
authorities. When a pay plan has been adopted, the city council shall not
increase or decrease the salary range applicable to any position except by
amendment of such pay plan. The city manager shall apply the pay plan to city
employees. For purposes of this section, all elected city officials are not
city employees.
(c)
Employee rules and
regulations. The city manager shall
present to the city council for approval rules and regulations consistent with
this charter concerning:
(1)
The method of employee selection and probationary periods of
employment;
(2)
The administration of a position classification and pay plan, methods of
promotion and applications of service ratings thereto, and transfer of employees
within the classification plan;
(3)
Hours of work, vacation, sick leave, and other leaves of absence, overtime pay,
and the order and manner in which layoffs shall be effected;
(4)
Such dismissal hearings as due process may require; and
(5)
Such other personnel notice as may be necessary to provide for adequate and
systematic handling of personnel affairs.
SECTION
3.18.
Appointment of elected officials.
Appointment of elected officials.
No
person holding an elective office in the City of Norcross shall be eligible for
appointment as a city employee during the term of office for which he or she was
elected or within two years after the expiration of his or her term of
office."
SECTION
5.
Said
Act is further amended by striking Section 6.26 in its entirety and inserting in
lieu thereof a new Section 6.26 to read as follows:
"SECTION
6.26.
Submission of the operating budget to the city council.
Submission of the operating budget to the city council.
On
or before a date fixed by the city council, but not later than 60 days prior to
the beginning of each fiscal year, the city manager shall prepare and submit to
the city council a proposed operating budget for the ensuing fiscal year. The
budget shall be accompanied by a message from the city manager containing a
statement of the general fiscal policies of the city, the important features of
the budget, explanations of major changes recommended for the next fiscal year,
a general summary of the budget, and such other comments and information as he
or she may deem pertinent. The operating budget, the capital improvements
budget provided for in this chapter, the budget message, and all supporting
documents shall be filed in the office of the city clerk and shall be open to
public inspection."
SECTION
6.
Said
Act is further amended by striking subsection (a) of Section 6.29 in its
entirety and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a)
On or before a date fixed by the city council, but not later than 60 days prior
to the beginning of each fiscal year, the city manager shall prepare and submit
to the city council a proposed capital improvements budget with recommendations
as to the means of financing the improvements proposed for the ensuing fiscal
year. The city council shall have the power to accept, with or without
amendments, or reject the proposed program and proposed means of financing. The
city council shall not authorize an expenditure for the construction of any
building, structure, work, or improvement, unless the appropriations for such
project are included in the capital improvements budget, except to meet a public
emergency as provided in Section 2.24 of this charter."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.