Georgia House of Representatives - 1995/1996 Sessions

HB 539 - Perry, City of; department and agency directors; city manager

Page Numbers - 1/ 2/ 3

1. Walker  141st          2. Floyd  138th


House Comm: LLeg       /                Senate Comm: SLGO       /               
House Vote: Yeas 155   Nays 0           Senate Vote: Yeas 49  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              2/2/95   Read 1st Time         2/7/95                             
              2/3/95   Read 2nd Time                                            
              2/6/95   Favorably Reported    2/10/95                            
              2/6/95   Read 3rd Time                                            
              2/6/95   Passed/Adopted        2/10/95                            
              3/20/95  Sent to Governor                                         
              3/27/95  Signed by Governor                                       
              117      Act/Veto Number                                          
              3/27/95  Effective Date                                           
              ----------------------------------------                          
                                                                                
Code Sections amended:                                                          


HB 539                                            LC 14 6425






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend an Act reincorporating and providing a new charter
  1- 2  for the City of Perry in Houston County, approved March 29,
  1- 3  1983 (Ga. L. 1983, p. 4386), as amended, so as to provide
  1- 4  for appointment, duties, and removal of department and
  1- 5  agency directors; to provide for appointment, compensation,
  1- 6  and removal of a city manager; to provide for the authority
  1- 7  of the city manager to discharge certain city employees; to
  1- 8  repeal conflicting laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  An Act reincorporating and providing a new charter for the
  1-11  City of Perry in Houston County, approved March 29, 1983
  1-12  (Ga. L. 1983, p. 4386), as amended, is amended by striking
  1-13  in its entirety subsection (d) of Section 3.10 and inserting
  1-14  in lieu thereof a new subsection (d) to read as follows:

  1-15    "(d) There shall be a director of each department or
  1-16    agency who shall be its principal officer.  Each director
  1-17    shall, subject to the immediate direction and supervision
  1-18    of the city manager, be responsible for the administration
  1-19    and direction of the affairs and operations of his or her
  1-20    department or agency.  Directors shall be appointed upon
  1-21    approval by a majority vote of the city council.  The city
  1-22    manager may make recommendations to the city council
  1-23    regarding the appointment, suspension, demotion, or
  1-24    discharge of such directors, but any such recommendation
  1-25    shall be subject to approval by resolution adopted in
  1-26    accordance with the provisions of Section 2.21 of this
  1-27    charter. Each director shall serve at the pleasure of the
  1-28    city council."

                         SECTION 2.

  1-29  Said Act is further amended by striking in its entirety
  1-30  subsection (c) of Section 3.16 and inserting in lieu thereof
  1-31  a new subsection (c) to read as follows:



                                 -1- (Index)

                                                  LC 14 6425

  2- 1    "(c) The city manager shall be appointed with regard to
  2- 2    merit only.  The city manager shall hold office at the
  2- 3    pleasure of the city council and may be discharged at any
  2- 4    time, with or without cause, in accordance with the
  2- 5    procedures set forth in subsection (f) of this section.
  2- 6    The city manager shall receive such compensation as the
  2- 7    city council shall determine."

                         SECTION 3.

  2- 8  Said Act is further amended by striking in its entirety
  2- 9  paragraph (4) of subsection (d) of Section 3.16 and
  2-10  inserting in lieu thereof a new paragraph (4) to read as
  2-11  follows:

  2-12    "(4) In consultation with the appropriate department or
  2-13    agency director and the personnel officer or committee, if
  2-14    any, appoint and, when deeming it necessary for the good
  2-15    of the city, suspend or remove any and all city employees,
  2-16    except department or agency directors and those persons
  2-17    appointed by the mayor and council under the provisions of
  2-18    this charter or by law or personnel ordinances adopted
  2-19    pursuant to this charter;"

                         SECTION 4.

  2-20  Said Act is further amended by striking in its entirety
  2-21  subsection (f) of Section 3.16 and inserting in lieu thereof
  2-22  a new subsection (f) to read as follows:

  2-23    "(f) The city manager may be removed from office in
  2-24    accordance with the following procedures:

  2-25      (1) Removal of the city manager shall require adoption
  2-26      of a resolution for removal in accordance with the
  2-27      provisions of Section 2.21 of this charter;

  2-28      (2) The resolution may also provide for the suspension
  2-29      of the city manager for a period not to exceed 45 days;

  2-30      (3) A certified copy of the resolution shall promptly be
  2-31      served on the city manager;

  2-32      (4) The city manager shall be entitled to receive his or
  2-33      her salary up until the effective date of a resolution
  2-34      of removal; and

  2-35      (5) The action of the council in suspending or removing
  2-36      a city manager shall not be subject to review by any
  2-37      court or agency except for the determination of
  2-38      constitutional questions."



                                 -2- (Index)

                                                  LC 14 6425

                         SECTION 5.

  3- 1  All laws and parts of laws in conflict with this Act are
  3- 2  repealed.













































                                 -3- (Index)