07 LC 34
0943/AP
House
Bill 644 (AS PASSED HOUSE AND SENATE)
By:
Representatives Mills of the
25th
and Rogers of the
26th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a new charter for the City of Oakwood; to provide for incorporation,
boundaries, and powers of the city; to provide for general powers and
limitations on powers; to provide for a governing authority of such city and the
powers, duties, authority, election, terms, method of filling vacancies,
compensation, expenses, qualifications, prohibitions, conflicts of interest,
suspension, and removal from office relative to members of such governing
authority; to provide for inquiries and investigations; to provide for
organization and procedures; to provide for ordinances; to provide for the
office of mayor and mayor pro tempore and certain duties and powers relative
thereto; to provide for administrative responsibilities; to provide for boards,
commissions, and authorities; to provide for a city manager, a city attorney, a
city clerk, and other personnel; to provide for a municipal court and the judge
or judges thereof; to provide for the court´s jurisdiction, powers,
practices, and procedures; to provide for ethics and disclosures; to provide for
elections; to provide for taxation, licenses, and fees; to provide for
franchises, service charges, and assessments; to provide for bonded and other
indebtedness; to provide for accounting and budgeting; to provide for city
contracts and purchasing; to provide for bonds for officials; to provide for
prior ordinances and rules, pending matters, and existing personnel; to provide
for penalties; to provide for definitions and construction; to provide for other
matters relative to the foregoing; to repeal a specific Act; to provide for
effective dates; to provide for severability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
CREATION, INCORPORATION, POWERS
CREATION, INCORPORATION, POWERS
SECTION
1.01.
Incorporation.
Incorporation.
This
city and the inhabitants thereof are reincorporated by the enactment of this
charter and are hereby constituted and declared a body politic and corporate
under the name and style of the "City of Oakwood" and by that name shall have
perpetual succession. The city may sue and be sued and plead and be impleaded
in all courts of law and equity and in all actions whatsoever; and the city may
have and use a common seal.
SECTION
1.02.
Corporate boundaries.
Corporate boundaries.
The
corporate boundaries of the City of Oakwood shall be those existing on December
5, 2006. The city manager shall maintain a current map of the corporate
boundaries of the city, and such map shall incorporate any changes that may
hereafter be made from time to time in the manner provided by law, inclusive of
all changes made subsequent to December 5, 2006, pursuant to Title 36 of the
Official Code of Georgia Annotated.
SECTION
1.03.
Powers and construction.
Powers and construction.
(a)
This city shall have all powers possible for a city to have under the present or
future Constitution and laws of this state as fully and completely as though
they were specifically enumerated in this charter. This city shall have all the
powers of self-government not otherwise prohibited by this charter or by general
law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1)
Animal regulations. To regulate and license or to prohibit the keeping or
running at large of animals and fowl and to provide for the impoundment of same
if in violation of any ordinance or lawful order; to provide for the disposition
by sale, gift, or humane destruction of animals and fowl when not redeemed as
provided by ordinance; and to provide punishment for violation of ordinances
enacted hereunder;
(2)
Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the State of Georgia; and to provide for the payment
of expenses of the city;
(3)
Building regulation. To regulate and to license the erection and construction of
buildings and all other structures; to adopt building, housing, plumbing,
electrical, gas, and heating and air conditioning codes; and to regulate all
housing and building trades to the extent permitted by general law;
(4)
Business regulation and taxation. To levy and to provide for the collection of
regulatory fees and taxes on privileges, occupations, trades, and professions as
authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or
may hereafter be enacted; to permit and regulate the same; to provide for the
manner and method of payment of such regulatory fees and taxes; and to revoke
such permits after due process for failure to pay any city taxes or
fees;
(5)
Condemnation. To condemn property, inside or outside the corporate limits of the
city, for present or future use and for any corporate purpose deemed necessary
by the city council, utilizing procedures enumerated in Title 22 of the O.C.G.A.
or such other applicable laws as are or may hereafter be enacted;
(6)
Contracts. To enter into contracts and agreements with other governmental
entities and with private persons, firms, and corporations;
(7)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within or without the city and to make and carry out
all reasonable provisions deemed necessary to deal with or meet such an
emergency for the protection, safety, health, or well-being of the citizens of
the city;
(8)
Environmental protection. To protect and preserve the natural resources,
environment, and vital areas of the city, the region, and the state through the
preservation and improvement of air quality, the restoration and maintenance of
water resources, the control of erosion and sedimentation, the management of
storm water, the management of solid and hazardous waste, and other necessary
actions for the protection of the environment;
(9)
Ethics. To adopt ethics ordinances and regulations governing the conduct of
municipal elected officials, appointed officials and employees, establishing
procedures for ethics complaints, and setting forth penalties for violations of
such rules and procedures;
(10)
Fire regulations. To fix and establish fire limits and from time to time to
extend, enlarge, or restrict the same; to prescribe fire safety regulations not
inconsistent with general law, relating to both fire prevention and detection
and to fire fighting; and to prescribe penalties and punishment for violations
thereof;
(11)
Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash
collection and disposal and other sanitary service charge, tax, or fee for such
services as may be necessary in the operation of the city from all individuals,
firms, and corporations residing in or doing business therein benefiting from
such services; to enforce the payment of such charges, taxes, or fees; and to
provide for the manner and method of collecting such service
charges;
(12)
General health, safety, and welfare. To define, regulate, and prohibit any act,
practice, conduct, or use of property that is detrimental to health, sanitation,
cleanliness, welfare, and safety of the inhabitants of the city and to provide
for the enforcement of such standards;
(l3)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
for any purpose related to powers and duties of the city and the general welfare
of its citizens on such terms and conditions as the donor or grantor may
impose;
(14)
Health and sanitation. To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(15)
Jail sentences. To provide that persons given jail sentences in the city´s
court may work out such sentences in any public works or on the streets, roads,
drains, and other public property in the city; to provide for the use of
pretrial diversion and any alternative sentencing allowed by law; or to provide
for commitment of such persons to any county work camp or county jail by
agreement with the appropriate county officials;
(16)
Motor vehicles. To regulate the operation of motor vehicles and exercise control
over all traffic, including parking upon or across the streets, roads, alleys,
and walkways of the city;
(17)
Municipal agencies and delegation of power. To create, alter, or abolish
departments, boards, offices, commissions, and agencies of the city and to
confer upon such agencies the necessary and appropriate authority for carrying
out all the powers conferred upon or delegated to the same;
(18)
Municipal debts. To appropriate and borrow money for the payment of debts of the
city and to issue bonds for the purpose of raising revenue to carry out any
project, program, or venture authorized by this charter or the laws of the State
of Georgia;
(19)
Municipal property ownership. To acquire, dispose of, lease, and hold in trust
or otherwise any real, personal, or mixed property in fee simple or lesser
interest, inside or outside the property limits of the city;
(20)
Municipal property protection. To provide for the preservation and protection of
property and equipment of the city and the administration and use of same by the
public; and to prescribe penalties and punishment for violations
thereof;
(21)
Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities including, but not limited to, a system of
waterworks, sewers and drains, sewage disposal, storm-water management, gas
works, electric light plants, cable television and other telecommunications,
transportation facilities, public airports, and any other public utility; to fix
the taxes, charges, rates, fares, fees, assessments, regulations, and penalties;
and to provide for the withdrawal of service for refusal or failure to pay the
same;
(22)
Nuisance. To define a nuisance and provide for its abatement whether on public
or private property;
(23)
Penalties. To provide penalties for violation of any ordinances adopted pursuant
to the authority of this charter and the laws of the State of
Georgia;
(24)
Planning and zoning. To provide comprehensive city planning for development by
zoning and to provide subdivision regulation and the like as the city council
deems necessary and reasonable to ensure a safe, healthy, and aesthetically
pleasing community;
(25)
Police and fire protection. To exercise the power of arrest through duly
appointed police officers and to establish, operate, or contract for a police
and a fire-fighting agency;
(26)
Public hazards: removal. To provide for the destruction and removal of any
building or other structure which is or may become dangerous or detrimental to
the public;
(27)
Public improvements. To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks and playgrounds, recreational
facilities, cemeteries, public buildings, libraries, public housing, airports,
terminals, docks, parking facilities, or charitable, cultural, educational,
recreational, conservation, sport, detention, penal, and medical institutions,
agencies, and facilities; and to provide any other public improvements, inside
or outside the corporate limits of the city, and to regulate the use of public
improvements; and for such purposes, property may be acquired by condemnation
under Title 22 of the O.C.G.A. or such other applicable laws as are or may
hereafter be enacted;
(28)
Public peace. To provide for the prevention and punishment of loitering,
disorderly conduct, drunkenness, riots, and public disturbances;
(29)
Public transportation. To organize and operate such public transportation
systems as are deemed beneficial;
(30)
Public utilities and services. To grant franchises or make contracts for, or
impose taxes on, public utilities and public service companies; and to prescribe
the rates, fares, regulations, and standards and conditions of service
applicable to the service to be provided by the franchise grantee or contractor,
insofar as not in conflict with valid regulations of the Public Service
Commission;
(31)
Regulation of roadside areas. To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings,
and any and all other structures or obstructions upon or adjacent to the rights
of way of streets and roads or within view thereof, within or abutting the
corporate limits of the city; and to prescribe penalties and punishment for
violation of such ordinances;
(32)
Retirement. To provide and maintain a retirement plan for officers and employees
of the city;
(33)
Roadways. To lay out, open, extend, widen, narrow, establish or change the grade
of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or
otherwise improve, maintain, repair, clean, prevent erosion of, and light the
roads, alleys, and walkways within the corporate limits of the city; to grant
franchises and rights of way throughout the streets and roads and over the
bridges and viaducts for the use of public utilities; and to require real estate
owners to repair and maintain in a safe condition the sidewalks adjoining their
lots or lands and to impose penalties for failure to do so;
(34)
Security, welfare, and convenience. To make, ordain, and establish bylaws,
ordinances, rules, and regulations as shall appear necessary for the security,
welfare, convenience, and interest of the city and the inhabitants thereof and
for preserving the health, peace, order, and good government of the
city;
(35)
Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the
acquiring, constructing, equipping, operating, maintaining, and extending of a
sewage disposal plant and sewerage system and to levy on those to whom sewers
and sewerage systems are made available a sewer service fee, charge, or sewer
tax for the availability or use of the sewers; to provide for the manner and
method of collecting such service charges and for enforcing payment of the same;
and to charge, impose, and collect a sewer connection fee or fees to those
connected with the system;
(36)
Solid waste disposal. To provide for the collection and disposal of garbage,
rubbish, and refuse and to regulate the collection and disposal of garbage,
rubbish, and refuse by others; and to provide for the separate collection of
glass, tin, aluminum, cardboard, paper, and other recyclable materials and to
provide for the sale of such items;
(37)
Special areas of public regulation. To regulate or prohibit junk dealers, pawn
shops, the manufacture, sale, or transportation of intoxicating liquors, and the
use and sale of firearms; to regulate the transportation, storage, and use of
combustible, explosive, and inflammable materials, the use of lighting and
heating equipment, and any other business or situation which may be dangerous to
persons or property; to regulate and control the conduct of peddlers and
itinerant traders, theatrical performances, exhibitions, and shows of any kind,
by taxation or otherwise; to license, tax, regulate, or prohibit professional
fortune-telling, palmistry, adult bookstores, and massage parlors;
(38)
Special assessments. To levy and provide for the collection of special
assessments to cover the costs for any public improvements;
(39)
Taxes: ad valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(40)
Taxes: other. To levy and collect such other taxes as may be allowed now or in
the future by law;
(41)
Taxicabs. To regulate and license vehicles operated for hire in the city; to
limit the number of such vehicles; to require the operators thereof to be
licensed; to require public liability insurance on such vehicles in the amounts
to be prescribed by ordinance; and to regulate the parking of such
vehicles;
(42)
Urban redevelopment. To organize and operate an urban redevelopment program;
and
(43)
Other powers. To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or protect the
safety, health, peace, security, good order, comfort, convenience, or general
welfare of the city and its inhabitants; to exercise all implied powers
necessary or desirable to carry into execution all powers granted in this
charter as fully and completely as if such powers were fully stated herein; and
to exercise all powers now or in the future authorized to be exercised by other
municipal governments under other laws of the State of Georgia; and any listing
of particular powers in this charter shall not be held to be exclusive of others
or restrictive of general words and phrases granting powers but shall be held to
be in addition to such powers unless expressly prohibited to municipalities
under the Constitution or applicable laws of the State of Georgia.
SECTION
1.04.
Exercise of powers.
Exercise of powers.
All
powers, functions, rights, privileges, and immunities of the city, its officers,
agencies, or employees shall be carried into execution as provided by this
charter. If this charter makes no provision, such shall be carried into
execution as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE
II
GOVERNMENT STRUCTURE, ELECTIONS,
AND LEGISLATIVE BRANCH
GOVERNMENT STRUCTURE, ELECTIONS,
AND LEGISLATIVE BRANCH
SECTION
2.01.
City council creation; number; election.
City council creation; number; election.
(a)
The legislative authority of the government of the City of Oakwood, except as
otherwise specifically provided in this charter, shall be vested in a city
council to be composed of a mayor and five councilmembers. The city council
established in this charter shall in all respects be a successor to and
continuation of the governing authority under prior
law.
(b) The mayor and councilmembers shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. The City of Oakwood shall consist of one election district with five numbered posts designated as Posts 1 through 5, respectively. Persons seeking election to the city council shall select the post for which they offer as candidate.
(c) No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the corporate limits of the City of Oakwood for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person´s period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Oakwood.
(d) General municipal elections shall be held on the Tuesday next following the first Monday in November of 2007 and biennially thereafter.
(b) The mayor and councilmembers shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. The City of Oakwood shall consist of one election district with five numbered posts designated as Posts 1 through 5, respectively. Persons seeking election to the city council shall select the post for which they offer as candidate.
(c) No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the area comprising the corporate limits of the City of Oakwood for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person´s period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Oakwood.
(d) General municipal elections shall be held on the Tuesday next following the first Monday in November of 2007 and biennially thereafter.
(e)(1)
The councilmembers representing Posts 3, 4, and 5 shall be elected at the
general municipal election in 2007 and quadrennially thereafter.
(2)
The mayor and the councilmembers representing Posts 1 and 2 shall be elected at
the general municipal election in 2009 and quadrennially
thereafter.
(f)
The mayor and councilmembers shall take office as provided in O.C.G.A. Section
21-2-541.1 and serve for terms of four years and until their respective
successors are elected and qualified.
SECTION
2.02.
Vacancy; filling of vacancies; suspensions.
Vacancy; filling of vacancies; suspensions.
The
office of mayor or councilmember shall become vacant upon the incumbent´s
death, resignation, forfeiture of office, or removal from office in any manner
authorized by this charter, Title 45 of the O.C.G.A., or the general laws of the
State of Georgia. A vacancy in the office of mayor or councilmember shall be
filled for the remainder of the unexpired term by a special election if such
vacancy occurs 12 months or more prior to the expiration of the term of that
office. If such vacancy occurs within 12 months of the expiration of the term of
that office, the mayor shall nominate and the city council shall confirm a
successor for the remainder of the term. This provision shall also apply to a
temporary vacancy created by the suspension from office of the mayor or any
councilmember.
SECTION
2.03.
Nonpartisan elections.
Nonpartisan elections.
Political
parties shall not conduct primaries for city offices and all names of candidates
for city offices shall be listed without party designation.
SECTION
2.04.
Election by majority vote.
Election by majority vote.
The
candidates for mayor and councilmember who receive a majority of the votes cast
in the applicable election shall be elected to a term of office. In the event no
candidate receives a majority of the votes cast in said election, a run-off
election shall be held between the two candidates receiving the highest number
of votes. Such runoff shall be held at the time specified by state election law
unless such run-off date is postponed by court order.
SECTION
2.05.
Applicability of general laws; qualifying; other provisions.
Applicability of general laws; qualifying; other provisions.
All
primaries and elections shall be held and conducted in accordance with Chapter 2
of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter
amended. Except as otherwise provided by this charter, the city council shall,
by ordinance or resolution, prescribe such rules and regulations as it deems
appropriate, including, but not limited to, the establishment of qualifying
fees, to fulfill any options and duties under Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION
2.06.
Compensation and expenses.
Compensation and expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance. Such salary shall be paid from municipal
funds in monthly installments. The city council may provide by ordinance for the
provision of insurance, retirement, workers´ compensation, and other
employee benefits to the mayor and councilmembers and may provide by ordinance
for the reimbursement of expenses actually and necessarily incurred by the mayor
and councilmembers in carrying out their official duties.
SECTION
2.07.
Conflicts of interest; holding other offices.
Conflicts of interest; holding other offices.
(a)
Elected and appointed officers of the city are trustees and servants of the
residents of the city and shall act in a fiduciary capacity for the benefit of
such residents.
(b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1)
Engage in any business or transaction or have financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
that person´s official duties or which would tend to impair the
independence of the official´s judgment or action in the performance of
those official duties;
(2)
Engage in or accept private employment or render services for private interests
when such employment or service is incompatible with the proper discharge of
that person´s official duties or would tend to impair the independence of
the official´s judgment or action in the performance of those official
duties;
(3)
Disclose confidential information, including information obtained at meetings
which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning
the property, government, or affairs of the governmental body by which the
official is engaged without proper legal authorization or use such information
to advance the financial or other private interest of the official or
others;
(4)
Accept any valuable gift, whether in the form of service, loan, thing, or
promise, from any person, firm, or corporation which to the official´s
knowledge is interested, directly or indirectly, in any manner whatsoever, in
business dealings with the governmental body by which the official 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;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; or
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which the official has financial
interest.
(c)
Disclosure. Any elected official, appointed officer, or employee who shall have
any financial interest, directly or indirectly, in any contract or matter
pending before or within any department of the city shall disclose such interest
to the city council. The mayor or any councilmember who has a financial interest
in any matter pending before the city council shall disclose such interest and
such disclosure shall be entered on the records of the city council, and that
official shall disqualify himself or herself from participating in any decision
or vote relating thereto. Any elected official, appointed officer, or employee
of any agency or political entity to which this charter applies who shall have
any financial interest, directly or indirectly, in any contract or matter
pending before or within such entity shall disclose such interest to the
governing body of such agency or
entity.
(d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected.
(g) No elected official shall serve as an officer or on the board of a homeowners´ association located within the city limits of the City of Oakwood.
(h) No member of an elected official´s immediate family shall serve as an employee of the city.
(i) Political activities of certain officers and employees. No city employee shall continue in that position upon election to any public office in this city or any other public office whose duties are inconsistent, incompatible, or in conflict with the duties of said city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.
(j) Penalties for violation.
(d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected.
(g) No elected official shall serve as an officer or on the board of a homeowners´ association located within the city limits of the City of Oakwood.
(h) No member of an elected official´s immediate family shall serve as an employee of the city.
(i) Political activities of certain officers and employees. No city employee shall continue in that position upon election to any public office in this city or any other public office whose duties are inconsistent, incompatible, or in conflict with the duties of said city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.
(j) Penalties for violation.
(1)
Any city officer or employee who knowingly conceals such financial interest or
knowingly violates any of the requirements of this section shall be guilty of
malfeasance in office or position and shall be deemed to have forfeited that
person´s office or position.
(2)
Any officer or employee of the city who shall forfeit an office or position as
described in paragraph (1) of this subsection shall be ineligible for
appointment or election to or employment in a position in the city government
for a period of three years thereafter.
SECTION
2.08.
Inquiries and investigations.
Inquiries and investigations.
The
city council may make inquiries and investigations into the affairs of the city
and conduct of any department, office, or agency thereof and, for this purpose,
may subpoena witnesses, administer oaths, take testimony, and require the
production of evidence. Any person who fails or refuses to obey a lawful order
issued in the exercise of these powers by the city council shall be punished as
may be provided by ordinance.
SECTION
2.09.
Meetings and mayor pro tempore.
Meetings and mayor pro tempore.
(a)
The city council shall meet on the first working day in January immediately
following each regular municipal election. The meeting shall be called to order
by the mayor-elect (or the mayor if the position of mayor did not stand for
election) and the oath of office shall be administered to the newly elected
mayor or councilmembers, as appropriate, by the city clerk. The oath shall, to
the extent that it comports with federal and state law, be as
follows:
"I
do solemnly swear or affirm that I will faithfully execute the office of
[councilmember or mayor as the case may be] of the City of Oakwood and will to
the best of my ability support and defend the Constitution of the United States,
the Constitution of Georgia, and the charter, ordinances, and regulations of the
City of Oakwood. I am not the holder of any unaccounted for public money due
this state or any political subdivision or authority thereof. I am not the
holder of any office of trust under the government of the United States, any
other state, or any foreign state which I by the laws of the State of Georgia am
prohibited from holding. I am otherwise qualified to hold said office according
to the Constitution and laws of Georgia. I have been a resident of my district
and the City of Oakwood for the time required by the Constitution and laws of
this state and by the municipal charter of the City of Oakwood. I will perform
the duties of my office in the best interest of the City of Oakwood to the best
of my ability without fear, favor, affection, reward, or expectation
thereof."
(b)
The position of mayor pro tempore shall be an annual appointment and shall
rotate between Post 1 through Post 5 sequentially beginning with Post 1 in
January, 2008. Should any councilmember so appointed decline for any reason to
serve the annual appointment, then the appoint shall rotate to the next Post
position. The mayor pro tempore shall assume the duties and powers of the mayor
during the mayor´s disability or absence except that the mayor pro tempore
shall continue to vote as a councilmember and may not exercise the mayor´s
prerogative to vote in the case of a tie. During the mayor´s disability or
absence, the mayor pro tempore may veto any action of the city council. If both
the mayor and the mayor pro tempore are absent because of sickness or
disqualification, any one of the remaining councilmembers, chosen by the members
present, shall be clothed with all the rights and privileges of the mayor and
shall perform the mayor´s duties in the same manner as the mayor pro
tempore.
(c) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
(d) Special meetings of the city council may be held on the call of the mayor or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers and the mayor personally, by registered mail, or by electronic means 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 the mayor or a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.
(c) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
(d) Special meetings of the city council may be held on the call of the mayor or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers and the mayor personally, by registered mail, or by electronic means 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 the mayor or a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting.
SECTION
2.10.
Quorum; voting.
Quorum; voting.
Three
councilmembers shall constitute a quorum and shall be authorized to transact
business for the city council. Voting on the adoption of ordinances shall be
taken by voice vote and the yeas and nays shall be recorded in the minutes, but
on the request of any councilmember there shall be a roll-call vote. In order
for any ordinance, resolution, motion, or other action of the city council to be
adopted, the measure must receive at least three affirmative votes and must
receive the affirmative votes of a majority of those voting. No councilmember
shall abstain from voting on any matter properly brought before the city council
for official action except when such councilmember has a conflict of interest
which is disclosed in writing prior to or at the meeting and made a part of the
minutes. Any councilmember present and eligible to vote on a matter and refusing
to do so for any reason other than a properly disclosed and recorded conflict of
interest shall be deemed to have acquiesced or concurred with the members of the
majority who did vote on the question involved. The mayor shall vote only in the
case of a tie or in the case where his or her vote will provide the third
affirmative vote required for approval of a matter.
SECTION
2.11.
General power and authority of the city council.
General power and authority of the city council.
(a)
Except as otherwise provided by law or by this charter, the city council shall
be vested with all the powers of government of the City of Oakwood as provided
by Article I of this charter.
(b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations not inconsistent with this charter and the Constitution and laws of the State of Georgia which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Oakwood and may enforce such ordinances by imposing penalties for violation thereof.
(b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations not inconsistent with this charter and the Constitution and laws of the State of Georgia which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Oakwood and may enforce such ordinances by imposing penalties for violation thereof.
SECTION
2.12.
Eminent domain.
Eminent domain.
The
city council is hereby empowered to acquire, construct, operate, and maintain
public ways, parks, public grounds, cemeteries, markets, market houses, public
buildings, libraries, sewers, drains, sewage treatment plants, waterworks,
electrical systems, gas systems, airports, and hospitals; charitable,
educational, recreational, sport, curative, corrective, detention, penal, and
medical institutions, agencies, and facilities; and any other public
improvements inside or outside the city and to regulate the use thereof; and for
such purposes, property may be condemned under procedures established under
general law applicable or as provided in the future.
SECTION
2.13.
Administrative and service departments.
Administrative and service departments.
(a)
Except for the office of city manager, the city council, by ordinance, may
establish, abolish, merge, or consolidate offices, positions of employment,
departments, and agencies of the city as it shall deem necessary for the proper
administration of the affairs and government of the city. The city council shall
prescribe the functions and duties of existing departments, offices, and
agencies or of any departments, offices, and agencies hereinafter created or
established; may provide that the same person shall fill any number of offices
and positions of employment; and may transfer or change the functions and duties
of offices, positions of employment, departments, and agencies of the
city.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council.
SECTION
2.14.
Boards, commissions, and authorities.
Boards, commissions, and authorities.
(a)
All members of boards, commissions, and authorities of the city shall be
nominated by the mayor and be confirmed by the city council for such terms of
office and such manner of appointment as provided by ordinance except where
other appointing authority, term of office, or manner of appointment is
prescribed by this charter or by applicable state
law.
(b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities without a vote.
(c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment except as otherwise provided by this charter or any applicable state law.
(d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor.
(e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the city council.
(f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.
(g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.
(b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities without a vote.
(c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment except as otherwise provided by this charter or any applicable state law.
(d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor.
(e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the city council.
(f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.
(g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city.
SECTION
2.15.
Ordinance form; procedures; emergencies.
Ordinance form; procedures; emergencies.
(a)
Every proposed ordinance and resolution shall be introduced in writing and the
city council shall have the authority to approve, disapprove, or amend the same.
No ordinance shall contain a subject which is not expressed in its title. The
enacting clause shall be: "It is hereby ordained by the City Council of the City
of Oakwood, Georgia." A resolution may be passed at the time it is offered but
an ordinance shall not be adopted until the title of said ordinance shall have
been read at two city council meetings, provided that the beginning of said
meetings shall be not less than 24 hours nor more than 120 days apart. This
requirement of two readings shall not apply to emergency ordinances or to
ordinances adopted at the first business meeting of the city council in a
calendar year.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
(c) Emergency orders.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
(c) Emergency orders.
(1)
To meet a public emergency affecting life, health, property, or public peace,
the city council may convene on call of the mayor or three councilmembers and
promptly adopt an emergency ordinance, but such ordinance may not levy taxes;
grant, renew, or extend a franchise; regulate the rate charged by any public
utility for its services, or authorize the borrowing of money except for loans
to be repaid within 30 days. An emergency ordinance shall be introduced in the
form prescribed for ordinances generally except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists and describing the
emergency in clear and specific terms. An emergency ordinance may be adopted,
with or without amendment, or rejected at the meeting at which it is introduced
but the affirmative vote of at least three councilmembers shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
(2)
Such meetings shall be open to the public to the extent required by law, and
notice to the public of emergency meetings shall be made as fully as is
reasonably possible in accordance with O.C.G.A. Section 50-14-1 or such other
applicable laws as are or may hereafter be enacted.
(d)
The catchlines of sections of this charter or any ordinance printed in boldface
type, italics, or otherwise are intended as mere catchwords to indicate the
contents of the section, and:
(1)
Shall not be deemed or taken to be titles of such sections or as any part of the
section; and
(2)
Shall not be so deemed when any of such sections, including the catchlines, are
amended or reenacted unless expressly provided to the contrary. Furthermore, the
chapter, article, and section headings contained in this charter shall not be
deemed to govern, limit, or modify or in any manner affect the scope, meaning,
or intent of the provisions of any chapter, article, or section
hereof.
(e)
The city council may, by ordinance or resolution, adopt rules and bylaws to
govern the conduct of its business, including procedures and penalties for
compelling the attendance of absent members. Such rules may include punishment
for contemptuous behavior conducted in the presence of the city
council.
SECTION
2.16.
Action requiring an ordinance.
Action requiring an ordinance.
Acts
of the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION
2.17.
Submission of ordinances to the mayor.
Submission of ordinances to the mayor.
Every
ordinance, resolution, and other action adopted by the city council shall be
presented promptly to the mayor for his or her approval by signature. Once an
ordinance or resolution has been signed by the mayor, it shall become effective
immediately upon filing with the city clerk. If an ordinance or resolution is
not approved by the mayor by the tenth day following the date action was taken
by the city council, it shall become effective at 12:00 Noon on the tenth day
following city council action unless the ordinance provides for an alternate
effective date.
SECTION
2.18.
Codes of technical regulations.
Codes of technical regulations.
The
city council may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements governing such
adopting ordinance shall be as prescribed for ordinances generally except
that:
(1)
The requirements of subsection (b) of Section 2.15 of this charter for
distribution and filing of copies of the ordinance shall be construed to include
copies of any code of technical regulations as well as the adopting ordinance;
and
(2)
Copies of any adopted code of technical regulations shall be made available by
the city clerk for inspection by the public.
ARTICLE
III
EXECUTIVE BRANCH
EXECUTIVE BRANCH
SECTION
3.01.
Powers and duties of the mayor.
Powers and duties of the mayor.
(a)
The mayor shall be the chief executive officer of the city government, a member
of and the presiding officer of the city council, and responsible for the
efficient and orderly administration of the city´s affairs. The mayor shall
be responsible for the enforcement of laws, rules, regulations, ordinances, and
franchises in the city. The mayor may conduct inquiries and investigations into
the conduct of the city´s affairs and shall have such powers and duties as
specified in this charter or as may be provided by ordinance consistent with
this charter.
(b) The mayor shall:
(b) The mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Be the head of the city for the purpose of service of process and for ceremonial
purposes and be the official spokesperson for the city and the advocate of
policy;
(3)
Sign as a matter of course on behalf of the city all written and approved
contracts, ordinances, resolutions, and other instruments executed by the city
which by law are required to be in writing;
(4)
See that all laws and ordinances of the city are faithfully
executed;
(5)
Vote on any motion, resolution, ordinance, or other question before the city
council only as provided in Section 2.10 of this charter and vote on any matter
before a committee on which he or she serves;
(6)
Obtain short-term loans in the name of the city when authorized by the city
council to do so;
(7)
Appoint councilmembers to oversee and report on the functions of the various
departments of the city;
(8)
Require the city manager to meet with him or her at a time and place designated
for consultation and advice on the affairs of the city;
(9)
Name qualified residents of the city to boards and commissions with approval of
the city council;
(10)
Make recommendations with respect to the employment or termination of city
employees;
(11)
Prepare or have prepared an agenda for each meeting of the city council which
shall include all business submitted by the mayor, any councilmember, the city
manager, and the city attorney; and
(12)
Fulfill and perform such other duties as are imposed by this charter and duly
adopted ordinances.
SECTION
3.02.
City manager; appointment, qualification, and compensation.
City manager; appointment, qualification, and compensation.
The
mayor shall appoint, subject to confirmation by the city council, for an
indefinite term, an officer whose title shall be the "city manager"; and the
city manager shall serve at the pleasure of the city council. The city manager
shall be appointed without regard to political beliefs and solely on the basis
of his or her executive and administrative qualifications with special reference
to his or her educational background and actual experience in, and knowledge of,
the duties of office as hereinafter prescribed.
SECTION
3.03.
City manager; chief administrative officer.
City manager; chief administrative officer.
The
city manager shall be the chief administrative officer of the government of the
City of Oakwood. The city manager must devote all of his or her working time and
attention to the affairs of the city and shall be responsible to the mayor and
city council for the proper and efficient administration of the affairs of the
city over which said officer has jurisdiction.
SECTION
3.04.
City manager; powers and duties enumerated.
City manager; powers and duties enumerated.
The
city manager shall have the power and it shall be his or her duty to:
(1)
See that all laws and ordinances are enforced;
(2)
Appoint and employ all necessary employees of the city, provided that excepted
from this power of appointment are those officers and employees who by this
charter are appointed or elected by the city council or are not under the
jurisdiction of the city manager;
(3)
Remove employees employed by said officer without the consent of the city
council and without assigning any reason therefor;
(4)
Exercise supervision and control of all departments and all divisions created in
this charter or that may hereafter be created by the city council except as
otherwise provided in this charter;
(5)
Attend all meetings of the city council with a right to take part in the
discussions but having no vote; the city manager shall be entitled to notice of
all special meetings;
(6)
Recommend to the city council, after prior review and comment by the mayor, for
adoption of such measures as the city manager may deem necessary or
expedient;
(7)
See that all terms and conditions imposed in favor of the city or its
inhabitants in any public utility franchise are faithfully kept and performed,
and upon knowledge of any violation thereof to call the same to the attention of
the city attorney, whose duty it shall be forthwith to take such steps as are
necessary to protect and enforce the same;
(8)
Make and execute all lawful contracts on behalf of the city as to matters within
said officer´s jurisdiction to the extent that such contracts are funded in
the city´s budget except such as may be otherwise provided by law;
provided, however, that no contract purchase or obligation requiring a budget
amendment shall be valid and binding until after approval of the city
council;
(9)
Act as budget officer to prepare and submit to the city council, after review
and comment by the mayor, prior to the beginning of each fiscal year a budget of
proposed expenditures for the ensuing year, showing in as much detail as
practicable the amounts allotted to each department of the city government and
the reasons for such estimated expenditures;
(10)
Keep the city council at all times fully advised as to the financial condition
and needs of the city;
(11)
Make a full written report to the city council on the first of each month
showing the operations and expenditures of each department of the city
government for the preceding month; and a synopsis of such reports shall be
published by the city clerk;
(12)
Fix all salaries and compensation of city employees in accordance with the city
budget and the city pay and classification plan; and
(13)
Perform such other duties as may be prescribed by this charter or required by
ordinance or resolution of the city council.
SECTION
3.05.
Council interference with administration.
Council interference with administration.
Except
for the purpose of inquiries and investigations under Section 2.08 of this
charter, the city council or its members shall deal with city officers and
employees who are subject to the direction or supervision of the city manager
solely through the city manager and neither the city council nor its members
shall give orders to any such officer or employee, either publicly or
privately.
SECTION
3.06.
City manager; removal.
City manager; removal.
(a)
The mayor and 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 a majority of all its
members a preliminary resolution removing the city manager 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 clerk acting for the city council a
written request for a public hearing. This hearing shall be held at a city
council meeting not earlier than 15 days nor later than 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)
The city council may adopt a final resolution of removal, which may be made
effective immediately, by affirmative vote of four of its members at any time
after five days from the date when a copy of the preliminary resolution was
delivered to the city manager, if he or she has not requested a public hearing,
or at any time after the public hearing if he or she has requested
one.
(b)
The city manager shall continue to receive his or her salary until the effective
date of a final resolution of removal and, unless he or she has been convicted
of a felony at that time, he or she shall be given not less than 60 days´
severance pay. The action of the city council in suspending or removing the city
manager shall not be subject to review by any court or
agency.
(c) If the city manager becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager´s disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
(c) If the city manager becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager´s disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
SECTION
3.07.
Acting city manager.
Acting city manager.
(a)
The city manager may designate in writing any administrative employee of the
city who shall exercise all powers, duties, and functions of the city manager
during the city manager´s temporary absence from the city or during the
city manager´s disability. If such designation has not been made and the
city manager is absent from the city or unable to perform the duties of the
office or to make such designation, the city council may, by resolution, appoint
any qualified administrative employee of the city to perform the powers, duties,
and functions of the city manager until the city manager shall return to the
city, the disability ceases, or the city council appoints a new city
manager.
(b) In the event of a vacancy in the office of city manager, the city council may designate a person as acting city manager who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.
(b) In the event of a vacancy in the office of city manager, the city council may designate a person as acting city manager who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.
SECTION
3.08.
City attorney.
City attorney.
The
mayor shall nominate and the city council shall confirm by majority vote a city
attorney, together with such assistant city attorneys as may be deemed
appropriate, and shall provide for the payment of such attorney or attorneys for
services rendered to the city. The city attorney shall be responsible for
representing and defending the city in all litigation in which the city is a
party; may be the prosecuting officer in the municipal court; shall attend the
meetings of the city council as directed; shall advise the city council, mayor,
other officers, and employees of the city concerning legal aspects of the
city´s affairs and shall perform such other duties as may be required by
virtue of his or her position as city attorney. The city attorney shall review
all contracts of the city but shall not have the power to bind the
city.
SECTION
3.09.
City clerk.
City clerk.
The
city manager shall designate a city clerk, subject to confirmation by majority
vote of the city council, to keep a journal of the proceedings of the city
council; to maintain in a safe place all records and documents pertaining to the
affairs of the city; and to perform such duties as may be required by law or
ordinance or as the mayor or city manager may direct.
SECTION
3.10.
City tax collector.
City tax collector.
The
city manager shall designate a city tax collector, subject to confirmation by
majority vote of the city council, 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 the city tax collector shall diligently comply
with and enforce all general laws of the State of Georgia relating to the
collection, sale, or foreclosure of taxes by municipalities.
SECTION
3.11.
City accountant.
City accountant.
The
city manager shall designate a city accountant, subject to confirmation by
majority vote of the city council, to perform the duties of an
accountant.
SECTION
3.12.
Consolidation of functions.
Consolidation of functions.
The
city manager, with the approval of the city council, may consolidate any two or
more of the positions of city clerk, city tax collector, and city accountant or
any other positions or may assign the functions of any one or more of such
positions to the holder or holders of any other positions. The city manager may
also, with the approval of the city council, perform all or any part of the
functions of any of the positions or offices in lieu of the appointment of other
persons to perform the same.
SECTION
3.13.
Position classification and pay plans; employment at will.
Position classification and pay plans; employment at will.
The
city manager shall be responsible for the preparation of a position
classification and a pay plan which shall be submitted to the city council for
approval. Said plan may apply to all employees of the City of Oakwood and any of
its agencies and offices. When a pay plan has been adopted by the city council,
neither the city council nor the city manager shall increase or decrease the
salaries of individual employees except in conformity with such pay plan or
pursuant to an amendment of said pay plan duly adopted by the city council.
Except as otherwise provided in this charter, all employees of the city shall be
subject to removal or discharge, with or without cause, at any
time.
ARTICLE
IV
JUDICIAL BRANCH
JUDICIAL BRANCH
SECTION
4.01.
Creation.
Creation.
There
is established a court to be known as the Municipal Court of the City of Oakwood
which shall have jurisdiction and authority to try offenses against the laws and
ordinances of said city and to punish for a violation of the same. Such court
shall have the power to enforce its judgments by the imposition of such
penalties as may be provided by law, including ordinances of the city; to punish
witnesses for nonattendance and to punish also any person who may counsel or
advise, aid, encourage, or persuade another whose testimony or material is
desired in any proceeding before said court to go or move beyond the reach of
the process of the court; and to try all offenses within the territorial limits
of the city constituting traffic cases which, under the laws of the State of
Georgia, are placed within the jurisdiction of municipal courts to the extent
of, and in accordance with, the provisions of such laws and all laws
subsequently enacted amendatory thereof. Said court shall be presided over by
the judge of said court. In the absence or disqualification of the judge, the
judge pro tempore shall preside and shall exercise the same powers and duties as
the judge when so acting.
SECTION
4.02.
Judge.
Judge.
(a)
No person shall be qualified or eligible to serve as judge unless he or she
shall have attained the age of 25 years and shall have been a member of the
State Bar of Georgia for a minimum of three years. The judge shall be appointed
by resolution of the city council. The compensation of the judge shall be fixed
by the city council. The position of judge created in this article shall not be
a full-time position and the person serving in said position may engage in the
private practice of law.
(b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be appointed by resolution of the city council, and shall take the same oath as the judge.
(c) Before entering on duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.
(d) The judge, or judge pro tempore, shall serve for a term of four years but may be removed from the position by a two-thirds´ vote of the entire membership of the city council or upon action taken by the State Judicial Qualifications Commission for:
(b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be appointed by resolution of the city council, and shall take the same oath as the judge.
(c) Before entering on duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.
(d) The judge, or judge pro tempore, shall serve for a term of four years but may be removed from the position by a two-thirds´ vote of the entire membership of the city council or upon action taken by the State Judicial Qualifications Commission for:
(1)
Willful misconduct in office;
(2)
Willful and persistent failure to perform duties;
(3)
Habitual intemperance;
(4)
Conduct prejudicial to the administration of justice which brings the judicial
office into disrepute; or
(5)
Disability seriously interfering with the performance of duties, which is, or is
likely to become, of a permanent character.
SECTION
4.03.
Convening.
Convening.
Said
court shall be convened at such times as designated by ordinance or at such
times as deemed necessary by the judge to keep current the dockets
thereof.
SECTION
4.04.
Jurisdiction; powers.
Jurisdiction; powers.
(a)
The municipal court shall try and punish for crimes against the City of Oakwood
and for violation of its ordinances. The municipal court shall have authority to
punish those in its presence for contempt, provided that such punishment shall
not exceed $200.00 or imprisonment for 15 days. The municipal court may fix
punishment for offenses within its jurisdiction to the full extent allowed by
state law.
(b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation.
(c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Oakwood or the property so deposited shall have a lien against it for the value forfeited.
(d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated.
(e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
(f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law.
(g) The municipal court is specifically vested with the entire judicial jurisdiction and judicial powers throughout the entire area of the City of Oakwood granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.
(b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation.
(c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Oakwood or the property so deposited shall have a lien against it for the value forfeited.
(d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated.
(e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
(f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by state law.
(g) The municipal court is specifically vested with the entire judicial jurisdiction and judicial powers throughout the entire area of the City of Oakwood granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances.
SECTION
4.05.
Certiorari.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violation cases, and such certiorari
shall be obtained under the sanction of a judge of the Superior Court of Hall
County under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
SECTION
4.06.
Rules for court.
Rules for court.
With
the approval of the city council, the judge shall have full power and authority
to make reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court.
ARTICLE
V
FINANCE AND FISCAL
FINANCE AND FISCAL
SECTION
5.01.
Fiscal year.
Fiscal year.
The
city council shall set the fiscal year by ordinance. Said fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, institution, agency, and activity of the
city government unless otherwise provided by state or federal law.
SECTION
5.02.
Preparation of budgets.
Preparation of budgets.
The
city council shall provide, by ordinance, the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement program, and a capital budget, including requirements as to the
scope, content, and form of such budgets and programs.
SECTION
5.03.
Submission of operating budget to city council.
Submission of operating budget to city council.
On
or before a date fixed by the city council but not later than 30 days prior to
the beginning of each fiscal year, the city manager shall, after review and
comment by the mayor, 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
and the capital improvements budget, the budget message, and all supporting
documents shall be filed in the office of the city manager and shall be open to
public inspection.
SECTION
5.04.
Action by city council on budget.
Action by city council on budget.
The
city council may amend the operating budget proposed by the city manager except
that the budget, as finally amended and adopted, must provide for all
expenditures required by law and this charter and for all debt service
requirements for the ensuing fiscal year; and the total appropriations from any
fund shall not exceed the estimated fund balance, reserves, and revenues
constituting the fund availability of such fund.
SECTION
5.05.
Audits.
Audits.
(a)
There shall be an annual independent audit of all city accounts, funds, and
financial transactions by a certified public accountant selected by the city
council. The audit shall be conducted according to generally accepted accounting
principles. Any audit of any funds by the state or federal government may be
accepted as satisfying the requirements of this charter. Copies of all audit
reports shall be available at printing cost to the
public.
(b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.
(b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets.
SECTION
5.06.
Homestead exemptions.
Homestead exemptions.
Any
homestead exemptions applicable to ad valorem taxes levied by the city shall be
as provided by Act of the General Assembly pursuant to Article VII, Section II,
Paragraph II of the Constitution of Georgia.
ARTICLE
VI
GENERAL PROVISIONS
GENERAL PROVISIONS
SECTION
6.01.
Severability.
Severability.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the other sections, subsections, sentences, clauses, or phrases
of this Act which shall remain of full force and effect as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part hereof. The General Assembly hereby
declares that it would have passed the remaining parts of this Act if it had
known that such part or parts hereof would be declared or adjudged invalid or
unconstitutional.
SECTION
6.02.
Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations.
Existing
ordinances, resolutions, rules, and regulations of this city not in conflict
with this charter shall continue in full force and effect unless repealed or
amended.
SECTION
6.03.
Specific repealer.
Specific repealer.
An
Act incorporating the City of Oakwood in the County of Hall, approved April 1,
1979 (Ga. L. 1979, p. 3089), is hereby repealed in its entirety and all
amendatory acts thereto are likewise repealed in their entirety.
SECTION
6.04.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.05.
Repealer.
Repealer.
All
laws and parts of laws in conflict with this Act are hereby repealed.