HB 1529 - Locust Grove, City of; mayor and council; compensation
Georgia House of Representatives - 1995/1996 Sessions
HB 1529 - Locust Grove, City of; mayor and council; compensation
Page Numbers - 1/ 2/ 3/ 4/ 5
1. Smith 109th 2. Sanders 107th 3. Maddox 108th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 94 Nays 6 Senate Vote: Yeas 47 Nays 0
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House Action Senate
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1/31/96 Read 1st Time 2/5/96
2/1/96 Read 2nd Time
2/2/96 Favorably Reported 2/8/96
2/2/96 Read 3rd Time
2/2/96 Passed/Adopted 2/8/96
2/26/96 Sent to Governor
2/27/96 Signed by Governor
515 Act/Veto Number
2/27/96 Effective Date
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Code Sections amended:
HB 1529 LC 10 1511
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act creating a new charter for the City of
1- 2 Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426),
1- 3 as amended, so as to change the provisions relating to the
1- 4 compensation and expenses of the mayor and members of the
1- 5 City Council; to provide authority for assumption of
1- 6 administrative duties by the mayor of said City; to provide
1- 7 compensation to the mayor for the assumption of
1- 8 administrative duties; to provide compensation for members
1- 9 of the governing authority of the City; to change the
1-10 provisions relating to prohibitions; to prohibit members of
1-11 the governing authority from holding other offices with the
1-12 City of Locust Grove; to provide exceptions; to prohibit the
1-13 mayor and members of the City Council from voting on matters
1-14 in which they have a personal interest; to prohibit certain
1-15 City officials from dealing with the City; to require the
1-16 resignation of a member of the City Council who qualifies
1-17 for other elective office; to provide for the effective date
1-18 of such resignation; to provide for the powers and duties of
1-19 the mayor; to authorize the City Council to determine
1-20 certain powers and duties of the Office of mayor; to change
1-21 the provisions relating to the City manager; to provide an
1-22 effective date; to repeal conflicting laws; and for other
1-23 purposes.
1-24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-25 An Act creating a new charter for the City of Locust Grove,
1-26 approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended,
1-27 is amended by striking Section 2.15 in its entirety and
1-28 inserting in lieu thereof a new Section 2.15 to read as
N vern follows:
1-30 "SECTION 2.15.
1-31 Compensation and expenses.
1-32 (a) The mayor and councilmen shall receive as compensation
1-33 for services as governing body members an amount which may
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LC 10 1511
2- 1 be determined from time to time by majority vote of the
2- 2 Council; provided, however, that the initial compensation
2- 3 of the mayor and councilmen as governing body members
2- 4 under this Act shall be Four Thousand Eight Hundred
2- 5 ($4,800.00) Dollars annually for the Office of mayor and
2- 6 Three Thousand ($3,000.00) Dollars annually for the Office
2- 7 of a member of the City Council; and provided, further,
2- 8 that there shall be no change, by either increase or
2- 9 decrease, of such governing body compensation during the
2-10 term of any councilman or the mayor as a result of
2-11 majority vote of the Council except as provided in Code
2-12 Section 36-35-4 of the O.C.G.A.
2-13 (b) In the event that the Council designates the mayor as
2-14 an administrator of the City pursuant to Section 2.20 of
2-15 this charter, the Council shall establish compensation for
2-16 the mayor for the assumption of such administrative
2-17 duties. The compensation for such administrative duties is
2-18 initially established as Thirty Thousand ($30,000.00)
2-19 Dollars annually if the designation is for full-time
2-20 administrative support or Fifteen Thousand ($15,000.00)
2-21 Dollars) annually if the designation is for part-time
2-22 administrative support. The mayor shall also be paid an
2-23 additional sum if time is spent in excess of the minimum
2-24 hours as defined in Section 2.20. The additional sum
2-25 shall be determined by dividing the minimum number of
2-26 hours per year into the base annual salary, with said
2-27 amount being multiplied by the number of additional hours
2-28 that services are performed by the mayor. Such sum shall
2-29 be in addition to the mayor's salary designated for
2-30 performance of governmental duties as official
2-31 spokesperson for the City and chief advocate for policy as
2-32 set out in subsection (a) of this section. So long as the
2-33 mayor continues to serve in an administrative capacity
2-34 pursuant to ordinance of the City Council, he or she shall
2-35 draw such salary as provided under this subsection.
2-36 Changes in such compensation shall be subject to
2-37 modification by ordinance annually in December of each
2-38 year for the next succeeding year. Such designation to
2-39 serve in an administrative capacity with the City shall be
2-40 made at the next regular meeting of the Council following
2-41 the effective date of this section and on an annual basis
2-42 in December of each year thereafter, it being the intent
2-43 of this section that the mayor shall possess no vested
2-44 right to designation as an administrator for his or her
2-45 entire elected term in the event that the Council
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LC 10 1511
3- 1 determines it would be in the best interest of the City to
3- 2 hire an outside administrator.
3- 3 (c) The mayor and councilmen shall be entitled to receive
3- 4 their actual and necessary expenses incurred in the
3- 5 performance of their duties of office."
SECTION 2.
3- 6 Said Act is further amended by striking Section 2.16 in its
3- 7 entirety and inserting in lieu thereof a new Section 2.16 to
3- 8 read as follows:
3- 9 "SECTION 2.16.
3-10 Prohibitions.
3-11 (a) Holding other office. Except as authorized by law and
3-12 by Section 2.20 of this charter, no member of the Council
3-13 shall hold any other elective City office or City
3-14 employment during the term for which he or she was
3-15 elected.
3-16 (b) Voting when personally interested. Neither the mayor
3-17 nor any other member of the Council shall vote upon any
3-18 question in which he or she is personally interested.
3-19 (c) Dealing with City. No person holding office under
3-20 this charter shall at any time during the term of which he
3-21 or she was elected or appointed, or while in office, be
3-22 capable of contracting with the City for the performance
3-23 of any work or the sale of anything which is to be paid
3-24 for out of the Treasury, nor shall any such person be
3-25 capable of holding or having any interest in such
3-26 contracts entered into by himself or herself or another,
3-27 directly or indirectly. This section shall not apply to
3-28 sales of personal property or services of less than Two
3-29 Hundred ($200.00) Dollars per calendar quarter or sales of
3-30 personal property and contracts of personal services made
3-31 pursuant to sealed competitive bids made by any person
3-32 holding office or employment of the City of Locust Grove,
3-33 or any agency thereof either for himself or herself or on
3-34 behalf of any other business entity.
3-35 (d) Running for other office. Any member of the Council
3-36 who desires to qualify to run for any other elective
3-37 office of any kind must submit his or her resignation no
3-38 later than the day on which he or she so qualifies. Such
3-39 resignation shall provide by its terms that it will become
3-40 effective no later than the first day of the term of the
3-41 other office for which the member has qualified or will
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LC 10 1511
4- 1 qualify. The resignation will become effective whether or
4- 2 not the member is elected to the other office for which he
4- 3 or she qualifies. If any member qualifies for another
4- 4 office without having submitted the required resignation,
4- 5 his or her office on the Council shall immediately be
4- 6 vacated by operation of law."
SECTION 3.
4- 7 Said Act is further amended by striking Section 2.20 in its
4- 8 entirety and inserting in lieu thereof a new Section 2.20 to
4- 9 read as follows:
4-10 "SECTION 2.20.
4-11 Powers and duties of the mayor.
4-12 (a) The mayor shall be the official spokesman for the City
4-13 and the chief advocate of policy. The mayor shall preside
4-14 at meetings of the Council, shall sign ordinances and
4-15 resolutions on their final passage, and shall sign deeds,
4-16 bonds, contracts, and other instruments or documents when
4-17 authorized by the Council to do so. The mayor shall
4-18 perform such other duties as may be imposed by this
4-19 charter or by ordinance of the Council, including but not
4-20 limited to performance of full-time or part-time
4-21 administrative duties governing the day-to-day operation
4-22 of City government. For the purpose of this section,
4-23 'part-time' administrative duties shall mean directing the
4-24 day-to-day operations of City government for no less than
4-25 eighty (80) hours per month. For the purpose of this
4-26 section, 'full-time' administrative duties shall mean
4-27 directing the day-to-day operations of City government for
4-28 no less than one hundred sixty (160) hours per month.
4-29 Upon the effective date of this section, and in each
4-30 December thereafter, the Council shall evaluate the needs
4-31 of the City to determine whether it is in the City's best
4-32 interest to designate the mayor to serve as the
4-33 administrative head of the City government. Should the
4-34 mayor die or be removed from office prior to the
4-35 expiration of his or her term the Council shall make a
4-36 determination as to the duties which will be imposed upon
4-37 the mayor's office. Such determination shall be made
4-38 prior to the first date of qualification for the election
4-39 to fill the remaining unexpired term of the mayor.
4-40 (b) The mayor and mayor pro tempore, while acting as
4-41 mayor, shall have the right to vote on all questions
4-42 before the Council when said vote is a tie."
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LC 10 1511
SECTION 4.
5- 1 Said Act is further amended by striking Section 3.20 in its
5- 2 entirety and inserting in lieu thereof a new Section 3.20 to
5- 3 read as follows:
5- 4 "SECTION 3.20.
5- 5 City manager.
5- 6 In the event that the Council determines that a full-time
5- 7 administrator is necessary for City operations and
5- 8 determines not to designate the mayor to serve in such
5- 9 capacity pursuant to Section 2.20 of this charter, the
5-10 Council may appoint a City manager. The duties and
5-11 authorities of the City manager shall be established by
5-12 ordinance of the Council, and in so doing, the Council may
5-13 specifically delegate to the City manager any of the
5-14 administrative or budgetary duties of the mayor."
SECTION 5.
5-15 This Act shall become effective upon its approval by the
5-16 Governor or upon its becoming law without such approval.
SECTION 6.
5-17 All laws and parts of laws in conflict with this Act are
5-18 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97