08 LC 37
0647S
The
House Committee on Intragovernmental Coordination offers the
following
substitute to SB 398:
substitute to SB 398:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating a new charter for the City of Powder Springs, approved
March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not
exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to
provide for the mayor´s or city councilmembers´ terms and
qualifications for office; to provide for applicability of general law; to
provide for election of the city council and mayor; to change the description of
the wards; to provide for nonpartisan elections; to provide for election by
majority; to provide for special elections; to provide for vacancies; to provide
for other provisions; to provide for removal of officers; to provide for
submission of this Act for preclearance under the Voting Rights Act of 1965, as
amended; 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 Powder Springs, approved March 13,
1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not
exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043),
by revising Section 2.11 to read as follows:
"Section
2.11.
City council terms and qualifications for office.
City council terms and qualifications for office.
Except
as otherwise provided in this charter, the mayor and members of the city council
shall serve for terms of four years and until their respective successors are
elected and qualified. No person shall be eligible to serve as mayor or
councilmember unless he or she shall have been a resident of the city for a
period of 12 months immediately prior to the date of his or her qualifying for
the office of mayor or member of the city council; and the mayor or
councilmember shall continue to reside therein during his or her period of
service and to be registered and qualified to vote in municipal elections of
this city."
SECTION
2.
Said
Act is further amended by revising Sections 5.10 through 5.16 as
follows:
"Section
5.10.
Applicability of general law.
Applicability of general law.
Except
as otherwise provided by this charter, all primaries and elections shall be held
and conducted in conformity so far as applicable with the provisions of Chapter
2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as it now exists or
may hereafter be amended. Whenever any time period established by said chapter
is altered so as to change or supersede any time period provided in this
charter, it shall be considered that said periods in this charter shall be
correspondingly changed so as to avoid conflict between the charter and the
general law.
Section
5.11.
Election of the city council and mayor.
Election of the city council and mayor.
(a)
There shall be a municipal general election biennially on the Tuesday next
following the first Monday of November in odd-numbered years.
(b)
For the purpose of electing three councilmembers, the City of Powder Springs
shall be divided into three wards, each such ward being represented by one
councilmember. The councilmember representing each such ward shall be elected
only by the electors residing in that ward, and not at large.
(c)(1)
The three wards shall be and correspond to those three numbered districts
described in and attached to and made a part of this Act and further identified
as Plan Name: powdersprings01 Plan Type: Local User: Gina Administrator:
Powder Springs.
(2)
When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall
mean and describe the same geographical boundaries as provided in the report of
the Bureau of the Census for the United States decennial census of 2000 for the
State of Georgia. The separate numeric designations in a Tract description
which are underneath a 'BG' heading shall mean and describe individual Blocks
within a Block Group as provided in the report of the Bureau of the Census for
the United States decennial census of 2000 for the State of Georgia. Any part
of the City of Powder Springs which is not included in any such ward described
in that attachment shall be included within that ward contiguous to such part
which contains the least population according to the United States decennial
census of 2000 for the State of Georgia. Any part of the City of Powder Springs
which is described in that attachment as being in a particular ward shall
nevertheless not be included within such ward if such part is not contiguous to
such ward. Such noncontiguous part shall instead be included within that ward
contiguous to such part which contains the least population according to the
United States decennial census of 2000 for the State of Georgia.
(d)
The mayor and the remaining two councilmembers shall be elected at large. The
two at-large council positions shall hereafter be known as 'At-Large Council
Post 1' and 'At-Large Council Post 2,' respectively. Candidates for election to
either of said positions shall, upon qualifying for such election, designate by
post number the specific position sought. The mayor and the said two at-large
councilmembers shall be elected at the regular municipal election in 2007 and
every four years thereafter; shall take office on the first Monday in January
following their elections; and shall, except as otherwise provided in this
section, serve for a term of four years and until their successors are elected
and qualified. The mayor and the said two at-large councilmembers shall have
been residents of the City of Powder Springs for a period of 12 months
immediately prior to the date of qualifying and shall continue to reside therein
during their period of service and shall be registered and qualified to vote in
municipal elections of the city.
(d)
Each councilmember from Ward 1, Ward 2, and Ward 3 shall be elected from and by
the electors of only the ward he or she represents and must be a resident of
such ward. Members from Wards 1, 2, and 3 shall be elected at the regular
municipal election in 2009 and every four years thereafter; and shall, except as
otherwise provided by this charter or local law, serve for a term of four years
and until their successors are elected and qualified. The councilmembers from
Ward 1, Ward 2, and Ward 3 shall have been residents of the city for a period of
12 months immediately prior to the date of qualifying and shall continue to
reside therein during their period of service and shall be registered and
qualified to vote in municipal elections of the city.
Section
5.12.
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 designations.
Section
5.13.
Election by majority.
Election by majority.
The
candidate receiving a majority of the votes cast for any city office shall be
elected. In instances where no candidate receives a majority of the votes cast,
a run-off primary or election between the candidates receiving the two highest
numbers of votes shall be held. Said run-off primary or election shall be
conducted in accordance with Code Section 21-2-501 of the
O.C.G.A.
Section
5.14.
Special election; vacancies.
Special election; vacancies.
In
the event that the office of mayor or councilmember shall become vacant for any
cause whatsoever, the mayor and city council or those remaining shall order a
special election to fill the balance of the unexpired term of such official;
provided, however, if such vacancy occurs within six months of the expiration of
the term of that office, the mayor and city council or those remaining shall
appoint a successor for the remainder of the term. In all other respects, the
special election shall be held and conducted in accordance with Chapter 2 of
Title 21 of the O.C.G.A., the 'Georgia Election Code.'
Section
5.15.
Other provisions.
Other provisions.
Except
as otherwise provided by this charter, the city council shall, by ordinance,
prescribe such rules and regulations it deems appropriate to fulfill any options
and duties under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code.'
Section
5.16.
Removal of officers.
Removal of officers.
(a)
Except as otherwise provided in this charter, the mayor, councilmembers, or
other appointed officers provided for in this charter shall be removed from
office for any one or more of the following causes:
(1)
Incompetence, misfeasance, or malfeasance in office;
(2)
Conviction of a crime involving moral turpitude;
(3)
Failure at any time to possess any of the qualifications of office as provided
by this charter or by law;
(4)
Knowingly violating any express prohibition of this charter;
(5)
Abandonment of office or neglect to perform the duties thereof;
(6)
Failure for any other cause to perform the duties of office as required by this
charter or by state law; or
(7)
Failure to attend four consecutive regular council meetings.
(b)
The removal of an officer pursuant to this section shall be accomplished by the
vote of three officers from the membership of the city council and office of
mayor after an investigative hearing. In the event an elected officer is sought
to be removed by the action of the mayor and city council, such officer shall be
entitled to a written notice specifying the ground or grounds for removal and to
a public hearing which shall be held not less than ten days after the service of
such written notice. Any elected officer sought to be removed from office as
provided in this section shall have the right to appeal from the decision of the
mayor and city council to the Superior Court of Cobb County. Such an appeal
shall be governed by the same rules as govern appeals to the superior court from
the probate court.
(c)
Recall of public officers is governed by Chapter 4 of Title 21 of the
O.C.G.A."
SECTION
3.
The
governing authority of the City of Powder Springs shall through its legal
counsel cause this Act to be submitted for preclearance under the federal Voting
Rights Act of 1965, as amended; and such submission shall be made to the United
States Department of Justice or filed with the appropriate court no later than
45 days after the date on which this Act is approved by the Governor or
otherwise becomes law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.