LC 28 7316

By : Senator Natalie Vega of the 1st

A BILL TO BE ENTITLED
AN ACT

1 To CREATE Maple County; to provide for a charter for

2 Maple County; to provide for incorporation, boundaries, and powers of the county; to
3 provide for general powers and limitations on powers; to provide for a governing authority
4 of such county and the powers, duties, authority, election, terms, method of filling
vacancies,
5 compensation, expenses, qualifications, prohibitions, and districts relative to members of
6 such governing authority; to provide for inquiries and investigations; to provide for
7 organization and procedures; to provide for ordinances; to provide for the office of mayor
8 and certain duties and powers relative to the office of mayor; to provide for administrative
9 responsibilities; to provide for boards, commissions, and authorities; to provide for a chief
10 administrative officer, a county attorney, a county clerk, a treasurer, a chief county auditor,
and other
11 personnel; to provide for a municipal court and the judge or judges thereof; to provide for
12 practices and procedures; to provide for ethics and disclosures; to provide for taxation,
13 licenses, and fees; to provide for franchises, service charges, and assessments; to provide
for
14 bonded and other indebtedness; to provide for accounting and budgeting; to provide for
15 purchases; to provide for homestead exemptions; to provide for bonds for officials; to
16 provide for other matters relative to the foregoing; to provide for referenda; to provide for
17 an automatic repeal; to provide effective dates and transitional provisions governing the
18 transfer of various functions and responsibilities from Maple County
19 to provide for severability; to repeal conflicting laws; and for other purposes.

20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

-1-
21 ARTICLE I
22 CREATION, INCORPORATION, POWERS
23 SECTION 1.01.
24 Incorporation.

25 This Act shall constitute the charter of Maple County. The City of Atlantis
26 in the County of Maple, and the inhabitants thereof, are constituted and declared a body
27 politic and corporate under the name and style of the "Maple County" and by that name
28 shall have perpetual succession, may sue and be sued, plead and be impleaded, in all
courts
29 of law and equity, and in all actions whatsoever, and may have and use a common seal.

30 SECTION 1.02.
31 Corporate boundaries.

32 The boundaries of the City of Atlantis shall include all unincorporated areas of Maple
33 County, including the Maple County Industrial District, as such exist on the effective date
34 of this Act. The boundaries of the county are more particularly described in Appendix
A,
35 attached to and made a part of this charter. The county clerk shall maintain a current map
and
36 written legal description of the corporate boundaries of the county, and such map
and
37 description shall incorporate any changes which may hereafter be made in such corporate
38 boundaries.

39 SECTION 1.03.
40 Powers and construction.

41 (a) The county shall have all powers possible for a county to have under the present or
future
42 Constitution and laws of this state as fully and completely as though they were specifically
43 enumerated in this Act. The county shall have all the powers of self-government not
otherwise
44 prohibited by this Act or by general law.
45 (b) The powers of the county shall be construed liberally in favor of the county. The
specific
46 mention or failure to mention particular powers shall not be construed as limiting in any
way
47 the powers of the county. These powers shall include, but not be limited to, the following:
48 (1) Animal regulations. To regulate and license or to prohibit the keeping or running at
49 large of animals and fowl, and to provide for their impoundment if in violation of any
50 ordinance or lawful order; to provide for the disposition by sale, gift, or humane
51 destruction of animals and fowl when not redeemed as provided by ordinance; and to
52 provide punishment for violation of ordinances enacted hereunder;
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53 (2) Appropriations and expenditures. To make appropriations for the support of the
54 government of the county; to authorize the expenditure of money for any
purposes
55 authorized by this Act and for any purpose for which a municipality (Atlantis,
Pineapple, Obamaville, Shepherd, and Honey Drew) is authorized by the
56 laws of the State of Georgia; and to provide for the payment of expenses of the county;
57 (3) Building regulation. To regulate and to license the erection and construction of
58 buildings and all other structures; to adopt building, housing, plumbing, electrical, gas,
59 and heating and air conditioning codes; and to regulate all housing and building trades
60 to the extent permitted by general law;
61 (4) Business regulation and taxation. To levy and to provide for the collection of
62 regulatory fees and taxes on privileges, occupations, trades, and professions as
authorized
63 by Title 48 of the O.C.G.A., or such other applicable laws as are or may hereafter be
64 enacted; to permit and regulate such fees and taxes; to provide for the manner and
method
65 of payment of such regulatory fees and taxes; and to revoke such permits after due
66 process for failure to pay any county taxes or fees;
67 (5) Condemnation. To condemn property, inside or outside the corporate limits of the
68 county, for present or future use and for any corporate purpose deemed necessary by the
county
69 council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other
70 applicable laws as are or may hereafter be enacted;
71 (6) Contracts. To enter into contracts and agreements with other governmental entities
72 and with private persons, firms, and corporations;
73 (7) Emergencies. To establish procedures for determining and proclaiming that an
74 emergency situation exists within or outside the county, and to make and carry out
all
75 reasonable provisions deemed necessary to deal with or meet such an emergency for
the
76 protection, safety, health, or well-being of the citizens of the county;
77 (8) Environmental protection. To protect and preserve the natural resources,
78 environment, and vital areas of the county, this region, and this state through
the
79 preservation and improvement of air quality, the restoration and maintenance of water
80 resources, the control of erosion and sedimentation, the management of storm water
and
81 establishment of a storm-water utility, the management of solid and hazardous waste,
and
82 other necessary actions for the protection of the environment;
83 (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of
84 municipal elected officials, appointed officials, and employees, establishing procedures
 LC 28 7316
85 for ethics complaints, and setting forth penalties for violations of such rules and
86 procedures;
87 (10) Fire regulations. To fix and establish fire limits and from time to time to extend,
88 enlarge, or restrict such limits; to prescribe fire safety regulations not inconsistent with
 LC 28 7316
89 general law, relating to both fire prevention and detection and to fire fighting; and to
90 prescribe penalties and punishment for violations thereof;
91 (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash
92 collection and disposal and other sanitary service charge, tax, or fee for such services
93 as may be necessary in the operation of the county from all individuals, firms, and
94 corporations residing in or doing business therein benefiting from such services; to
95 enforce the payment of such charges, taxes, or fees; and to provide for the manner and
96 method of collecting such service charges;
97 (12) General health, safety, and welfare. To define, regulate, and prohibit any act,
98 practice, conduct, or use of property which is detrimental to the health, sanitation,
99 cleanliness, welfare, and safety of the inhabitants of the county, and to provide for the
100 enforcement of such standards;
101 (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
102 for any purpose related to powers and duties of the county and the general welfare of
103 its citizens, on such terms and conditions as the donor or grantor may impose;
104 (14) Health and sanitation. To prescribe standards of health and sanitation and to
105 provide for the enforcement of such standards;
106 (15) Jail sentences. To provide that persons given jail sentences in the county's court
107 may work out such sentences in any public works or on the streets, roads, drains, and
108 other public property of the county; to provide for commitment of such persons to
109 any jail; to provide for the use of pretrial diversion and any alternative sentencing
110 allowed by law; or to provide for commitment of such persons to any county work
111 camp or county jail by agreement with the appropriate county officials;
112 (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control
113 over all traffic, including parking upon or across the streets, roads, alleys, and
114 walkways of the county;
115 (17) Municipal agencies and delegation of power. To create, alter, or abolish
116 departments, boards, offices, commissions, and agencies of the county, and to confer
117 upon such agencies the necessary and appropriate authority for carrying out all the
118 powers conferred upon or delegated to them;
119 (18) Municipal debts. To appropriate and borrow money for the payment of debts of
120 the county and to issue bonds for the purpose of raising revenue to carry out any
121 project, program, or venture authorized by this Act or the laws of the State of Georgia;
122 (19) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or
123 otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside
124 or outside the property limits of the county;
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(2 the preservation and protection of property and equipment of the

0) county and their administration and use by the public; and to
M prescribe penalties and punishment for violations thereof;
u (21) Municipal utilities. To acquire, lease, construct, operate,
ni maintain, sell, and dispose of public utilities, including but not
ci limited to a system of waterworks, sewers and drains, sewage
p disposal, storm-water management, gas works, electric light plants,
al cable television and other telecommunications, transportation
pr facilities, public airports, and any other public utility; to fix taxes,
o charges, rates, fares, fees, assessments, regulations, and penalties;
p and to provide for the withdrawal of service for refusal or failure to
er pay them; (22) Nuisance. To define a nuisance and provide for its
ty abatement whether on public or private property;
pr (23) Penalties. To provide penalties for violation of any ordinances
ot adopted pursuant to the authority of this Act and the laws of the
e State of Georgia;
ct (24) Planning and zoning. To provide comprehensive county
io planning for development by zoning; and to provide subdivision
n. regulation and the like as the county council deems necessary and
T reasonable to ensure a safe, healthy, and esthetically pleasing
o community. In order to facilitate community input in the planning
pr process, the county shall be authorized to create local advisory
o councils;
vi (25) Police and fire protection. To exercise the power of arrest
d through duly appointed police officers; and to establish, operate, or
e contract for a police and a fire-fighting agency;
fo (26) Public hazards: removal. To provide for the destruction and
r removal of any building or other structure which is or may become
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d (27) Public improvements. To provide for the acquisition,

a construction, building, operation, and maintenance of public ways,
n parks and playgrounds, recreational facilities, cemeteries, public
g buildings, libraries, public housing, parking facilities, or charitable,
er cultural, educational, recreational, conservation, sport, detentional,
o penal, and medical institutions, agencies, and facilities; and to
u provide any other public improvements inside or outside the
s corporate limits of the county and to regulate the use of public
or improvements; and for such purposes, property may be acquired by
d condemnation under Title 22 of the O.C.G.A., or such other
et applicable laws as are or may hereafter be enacted;
ri (28) Public peace. To provide for the prevention and punishment of
m loitering, disorderly conduct, drunkenness, riots, and public
e disturbances;
nt (29) Public transportation. To organize and operate such public
al transportation systems as are deemed beneficial;
to
th
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(3 ses or make contracts for, or impose taxes on, public utilities and
0) public service companies; and to prescribe the rates, fares,
P regulations, and standards and conditions of service applicable to
u the service to be provided by the franchise grantee or contractor,
bl insofar as not in conflict with valid regulations of the Public Service
ic Commission;
ut (31) Regulation of roadside areas. To prohibit or regulate and
ili control the erection, removal, and maintenance of signs, billboards,
ti trees, shrubs, fences, buildings, and any and all other structures or
es obstructions upon or adjacent to the rights of way of streets and
a roads or within view thereof within or abutting the corporate limits
n of the county; and to prescribe penalties and punishment for
d violation of such ordinances;
se (32) Retirement. To provide and maintain a retirement plan for
rv officers and employees of the county;
ic (33) Roadways. To lay out, open, extend, widen, narrow, establish
es or change the grade of, abandon or close, construct, pave, curb,
. gutter, adorn with shade trees, or otherwise improve, maintain,
T repair, clean, prevent erosion of, and light the roads, alleys, and
o walkways within the corporate limits of the county; to grant
gr franchises and rights of way throughout the streets and roads and
a over the bridges and viaducts for the use of public utilities; and to
nt require real estate owners to repair and maintain in a safe condition
fr the sidewalks adjoining their lots or lands and to impose penalties
a for failure to do so;
n (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to
c assure the acquiring, constructing, equipping, operating, maintaining,
hi and extending of a sewage disposal plant and sewerage system, and
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to d sewerage systems are made available a sewer service fee, charge,

le or sewer tax for the availability or use of the sewers; to provide for
v the manner and method of collecting and for enforcing payment of
y such service charges; and to charge, impose, and collect a sewer
o connection fee or fees to those connected with the system;
n (35) Solid waste disposal. To provide for the collection and disposal
th of garbage, rubbish, and refuse and to regulate the collection and
o disposal of garbage, rubbish, and refuse by others; and to provide
se for the separate collection of glass, tin, aluminum, cardboard, paper,
to and other recyclable materials and to provide for the sale of such
w items;
h (36) Special assessments. To levy and provide for the collection of
o special assessments to cover the costs for any public improvements;
m (37) Taxes: ad valorem. To levy and provide for the assessment,
se valuation, revaluation, and collection of taxes on all property subject
w to taxation; provided, however, that, for all years, the millage rate
er imposed for ad valorem taxes on real property shall not exceed
s 13.469 unless a higher limit is recommended by resolution of the
a county council and approved by the qualified voters of Maple
n County; provided, further, that, for
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th n 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward

e for the sole purpose of complying with the millage rate rollback
p provisions set forth therein. For the purposes of this paragraph, the
ur term "qualified voters" means those voters of the county who are
p qualified to vote in county elections and cast a vote for or against
o such measure in such referendum. The question to be presented to
se the voters in the referendum on increasing the millage rate shall be
s "Do you approve increasing taxes on residential and nonresidential
of property for Maple County property owners by raising from
c [current millage rate] to [proposed millage rate] the operating
o budget millage rate, which was capped in the original charter for the
m county?" If such millage rate increase is approved by the qualified
pl voters of Maple County voting in the referendum, the new rate shall
ia become the maximum limit until changed again by resolution of the
n county council and approval by a majority of the qualified voters of
c Maple County voting in a referendum;
e (38) Taxes: other. To levy and collect such other taxes as may be
w allowed now or in the future by law;
it (39) Taxicabs. To regulate and license vehicles operated for hire in
h the county; to limit the number of such vehicles; to require the
C operators thereof to be licensed; to require public liability insurance
o on such vehicles in the amounts to be prescribed by ordinance; and
d to regulate the parking of such vehicles;
e (40) Urban redevelopment. To organize and operate an urban
redevelopment program;
S
e a
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ct d
io
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(4 cise and enjoy all other powers, functions, rights, privileges, and
1) immunities necessary or desirable to promote or protect the safety,
O health, peace, security, good order, comfort, convenience, or general
th welfare of the county and its inhabitants; to exercise all implied
er powers necessary or desirable to carry into execution all powers
p granted in this Act as fully and completely as if such powers were
o fully stated herein; and to exercise all powers now or in the future
w authorized to be exercised by other municipal governments under
er other laws of the State of Georgia; and any listing of particular
s. powers in this Act shall not be held to be exclusive of others or
T restrictive of general words and phrases granting powers, but shall
o be held to be in addition to such powers unless expressly prohibited
e to municipalities (Atlantis, Pineapple, Honey Drew, Obamaville, and
x Shepherd) under the Constitution or applicable laws of the State of
er Georgia.
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Exer
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23 All powers, functions, rights, privileges, and immunities of the county

2
and its officers, agencies, or employees shall be carried into execution
23
as provided by this Act. If this Act makes no provision, such shall be
3
carried into execution as provided by ordinance or as provided by
23
4 pertinent laws of
the State of
23 Georgia.
5

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 LC 28 7316

ARTICLE II NMENT STRUCTURE,

G ELECTIONS, AND
O LEGISLATIVE BRANCH
V SECTION 2.01.
E County council
creation; number;
R election.

24 (a) The legislative authority of the government of Maple County,

1
except as otherwise specifically provided in this Act, shall be vested in
24
a county council to be composed of a president of county council and
2
seven district council members.
24
3 (b) The mayor and president of county council shall be elected by a
24 majority vote of the qualified electors of the county at large voting at
4
the elections of the county.
24
(c) Each council member shall be elected by a majority vote of the
5
qualified electors of his or her respective council district voting at the
24
6 elections of the county. For the purpose of electing the seven council
24 members, there shall be seven council districts, designated Council
7
Districts 1 through 7, as described in Appendix B of this Act and the
24
accompanying Redistricting Plan Components Report, which are
8
attached to and made a part of this charter. Each person desiring to offer
24
9 as a candidate for council member shall designate the council
25 district for which he
0 or she is offering.
25
1
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Mayor, president of county council, and
county council members; election, terms, and
qualifications for office.

25 (a) Except as otherwise provided in subsection (c) of this section, the

6
mayor, president of county council, and seven members of the county
25
council shall serve for terms of four years and until their respective
7
successors are elected and qualified. No person shall be eligible to
25
8 serve as mayor, president of county council, or council member unless
25 that person shall have been a resident of the area comprising the
9
corporate limits of Maple County for a continuous period of at least 12
26
months immediately prior to the date of the election for
0
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m shall continue to reside therein during that person's period of service;

ay and shall continue to be registered and qualified to vote in municipal
or elections of Maple County. In addition to the above requirements, no
, person shall be eligible to serve as a councilmember representing a
pr council district unless that person has been a resident of the district
es such person seeks to represent for a continuous period of at least 12
id months immediately prior to the date of the election for council member
en and continues to reside in such district during that person's period of
t service.
of (b) The first general municipal elections shall be held on the Tuesday
co next following the first Monday in November, 2015. Thereafter,
un general municipal elections shall be held on the Tuesday next following
ty the first Monday in November in each odd-numbered year following the
co year in which such first municipal election is held.
un (c) The first mayor, president of county council, and the initial
cil council members shall take office on the first day of January, 2016,
, following the first municipal election provided for in subsection (b) of
or this section. The mayor, president of county council, and council
co members serving Council Districts 2, 4, and 6 shall serve initial terms
un of four years. The council members serving Council Districts 1, 3, 5,
cil and 7 shall serve initial terms of two years. Their successors shall be
m elected at the municipal election immediately preceding the expiration
e of their terms and shall take office on January 1 for terms of four years.
m No person shall serve as mayor for more than two consecutive terms,
be but a former mayor may
r; again serve as mayor after the expiration of four years
after leaving office.

282
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President of the county council;
appointment; duties.

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(a ty council shall be elected by a majority of qualified electors of the

) county.
T (b) The president of the county council shall:
he (1) Preside at all meetings
of the county council;
pr
(2) Vote on any motion, resolution, ordinance, or other question
es
before the council only as provided in Section 2.11 of this Act and
id
vote on any matter before a committee on which he or she serves;
en
(3) Appoint council members to oversee and report on the
t
functions of the various departments of the county;
of
th (4) Prepare or have prepared an agenda for each meeting of the

e county council which shall include all business submitted by the

co mayor, any councilmember, and the county attorney; and

un (5) Appoint the county clerk,

subject to council approval.
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297 SECTION 2.04.

298 Vacancy; filling of vacancies; suspensions.

299 The office of mayor, president of county council, or council member shall become vacant
300 upon the incumbent's death, resignation, forfeiture of office, or removal from office in any
301 manner authorized by this Act or the general laws of the State of Georgia. A vacancy in
302 the office of mayor, president of county council, or council member shall be filled for the
303 remainder of the unexpired term by a special election if such vacancy occurs 12 months or
304 more prior to the expiration of the term of that office. If such vacancy occurs within
305 12 months of the expiration of the term of that office, the county council or those
306 members remaining shall appoint a successor for the remainder of the term. If a vacancy
307 occurs within 12 months of the expiration of the term for mayor, the president of county
308 council shall fill the vacancy for the remainder of the term. If a vacancy occurs within 12
309 months of the expiration of the term for president of county council, those remaining on
310 the county council shall appoint a successor for the remainder of the term. This provision
311 shall also apply to a temporary vacancy created
by the suspension from office of the mayor, president of county council, or any council
member.

312 SECTION 2.05.

313 Nonpartisan elections.

314 Political parties shall not conduct primaries for county offices and all names of candidates
315 for
county offices shall be listed without party designation.

316 SECTION 2.06.

317 Election by majority vote.

318 The candidates for mayor, president of county council, and council member who receive
319 a majority of the votes cast in the applicable election shall be elected to a term of office.
320 In the event no candidate receives a majority of the votes cast in such election, a run-off
321 election shall be held between the candidates receiving the two highest number of votes.
322 Such runoff shall be held at the time specified by state election law, unless such run-off
323 date is postponed by court order.
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324 SECTION 2.07.

325 Applicability of general laws; qualifying; other provisions.

326 All primaries and elections shall be held and conducted in accordance with Chapter 2 of
327 Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
328 Except as otherwise provided by this Act, the county council shall, by ordinance or
329 resolution, prescribe such rules and regulations as it deems appropriate, including, but not
330 limited to, the establishment of qualifying fees, to fulfill any options and duties under
331 Chapter 2 of Title 21
of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

332 SECTION 2.08.

333 Compensation and expenses.

334 The annual salary of the mayor shall be $70,000.00. The annual salary for each council
335 member shall be $17,500.00. The annual salary for the president of the county council
336 shall be $28,500.00. Such salaries shall be paid from municipal funds in equal monthly
337 installments. The county council may provide by ordinance for the provision of
338 insurance, retirement, workers' compensation, and other employee benefits to the mayor,
339 president of county council, and members of the county council and may provide by
340 ordinance for the reimbursement of expenses actually and necessarily incurred by the
341 mayor, president of county council, and members of the county council in carrying out
342 their official duties. The county council may alter the salaries of the mayor, president of
343 the county council, and members of the
county council from time to time in accordance with Code Section 36-35-4 of the
O.C.G.A.

344 SECTION 2.09.

345 Inquiries and investigations.

346 The county council may make inquiries and investigations into the affairs of the county
347 and conduct of any department, office, or agency thereof and for this purpose may
348 subpoena witnesses, administer oaths, take testimony, and require the production of
349 evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of
350 these powers by the county council shall be punished as may be provided by ordinance.
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351 SECTION 2.10.

352 Meetings and oath of office.

353 (a) The county council shall meet on the first working day in January immediately
354 following each regular municipal election. The meeting shall be called to order by the
355 president-elect, and the oath of office shall be administered to the newly elected mayor,
356 treasurer, chief county auditor, and council members by a judicial officer authorized to
357 administer oaths. The oath shall, to the extent that it comports with federal and state law,
358 be as follows:
359 "I do solemnly swear or affirm that I will faithfully execute the office of
360 [councilmember, mayor, or president of county council, as the case may be] of Maple
361 County, and will to the best of my ability support and defend the Constitution of the
362 United States, the Constitution of Georgia, and the Act, ordinances, and regulations of
363 Maple County. I am not the holder of any unaccounted for public money due this
364 state or any political subdivision or authority thereof. I am not the holder of any office
365 of trust under the government of the United States, any other state, or any foreign state
366 which I by the laws of the State of Georgia am prohibited from holding. I am
367 otherwise qualified to hold this office according to the Constitution and laws of
368 Georgia. I have been a resident of my district and Maple County for the time required
369 by the Constitution and laws of this state and by the municipal charter. I will perform
370 the duties of my office in the best interest of Maple County to the best of my ability
371 without fear, favor, affection, reward, or expectation thereof."
372 (b) The county council shall, at least once a month, hold regular meetings at such times
373 and places as prescribed by ordinance. The county council may recess any regular
374 meeting and continue such meeting on any weekday or hour it may fix and may transact
375 any business at such continued meeting as may be transacted at any regular meeting.
376 (c) Special meetings of the council may be held on the call of the mayor, president of
377 county council, or four members of the council. Notice of such special meetings shall be
378 delivered to all members of the county council, president of county council, and mayor
379 personally, by registered mail, or by electronic means, at least 24 hours in advance of the
380 meeting. Such notice to council members shall not be required if the mayor, president of
381 county council, and all council members are present when the special meeting is called.
382 Such notice of any special meeting may be waived by the mayor, president of county
383 council, or a council member in writing before or after such a meeting, and attendance at
384 the meeting shall also constitute a waiver of notice. The notice of such special meeting
385 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.
 LC 28 7316

386 SECTION 2.11.

387 Quorum; voting.

388 Five council members shall constitute a quorum and shall be authorized to transact
389 business for the county council. Voting on the adoption of ordinances shall be taken by
390 voice vote and the yeas and nays shall be recorded in the minutes, but, on the request of
391 any councilmember, there shall be a roll-call vote. In order for any ordinance, resolution,
392 motion, or other action of the county council to be adopted, the measure shall receive at
393 least four affirmative votes and shall receive the affirmative votes of a majority of those
394 voting. No member of the county council shall abstain from voting on any matter
395 properly brought before the council for official action except when such council member
396 has a conflict of interest which is disclosed in writing prior to or at the meeting and made
397 a part of the minutes. Any member of the county council present and eligible to vote on a
398 matter and refusing to do so for any reason other than a properly disclosed and recorded
399 conflict of interest shall be deemed to have acquiesced or concurred with the members of
400 the majority who did vote on the question involved. The president of county council
401 shall vote only in the case of a tie or in the case
where his or her vote will provide the affirmative vote required for approval of a matter.

402 SECTION 2.12.

403 General power and authority of the county
council.

404 (a) Except as otherwise provided by law or by this Act, the county council shall be vested
405 with all the powers of government of Maple County as provided by Article I of this Act.
406 (b) In addition to all other powers conferred upon it by law, the county council shall have
407 the authority to adopt and provide for the execution of such ordinances, resolutions, rules,
408 and regulations, not inconsistent with this Act and the Constitution and the laws of the
409 State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good
410 order, protection of life and property, health, welfare, sanitation, comfort, convenience,
411 prosperity, or well-being of the inhabitants of Maple County and may enforce such
412 ordinances by imposing penalties for violation thereof.
413 (c) The county council may, by ordinance or resolution, adopt rules and bylaws to govern
414 the conduct of its business, including procedures and penalties for compelling the
415 attendance of absent members. Such rules may include punishment for contemptuous
416 behavior conducted in the presence of the county council.
 LC 28 7316

417 SECTION 2.13.

418 Administrative and service departments.

419 (a) The county council, by ordinance, may establish, abolish, merge, or consolidate
420 offices, positions of employment, departments, and agencies of the county as it shall deem
421 necessary for the proper administration of the affairs and government of the county. The
422 county council shall prescribe the functions and duties of existing departments, offices,
423 and agencies or of any departments, offices, and agencies hereinafter created or
424 established; may provide that the same person shall fill any number of offices and
425 positions of employment; and may transfer or change the functions and duties of offices,
426 positions of employment, departments, and agencies of the county.
427 (b) The operations and responsibilities of each department now or hereafter established in
428 the county shall be distributed among such divisions or bureaus as may be provided by
429 ordinance of the county council. Each department shall consist of such officers,
430 employees, and positions as may be provided by this Act or by ordinance and shall be
431 subject to the general
supervision and guidance of the mayor and council.

432 SECTION 2.14.

433 Boards, commissions, and authorities.

434 (a) All members of boards, commissions, and authorities of the county shall be
435 nominated by the mayor and shall be confirmed by the county council for such terms of
436 office and such manner of appointment as provided by ordinance, except where other
437 appointing authority, term of office, or manner of appointment is prescribed by this Act or
438 by applicable state law. (b) No member of any board, commission, or authority of the
439 county shall hold any elective office in the county. The president of county council,
440 council members, and mayor, however, may serve as voting ex officio members of such
441 boards, commissions, or authorities.
442 (c) Any vacancy in office of any member of a board, commission, or authority of the
443 county shall be filled for the unexpired term in the manner prescribed for original
444 appointment, except as otherwise provided by this Act or any applicable state law.
445 (d) No member of any board, commission, or authority shall assume office until he or she
446 shall have executed and filed with the designated officer of the county an oath obligating
447 himself or herself to faithfully and impartially perform the duties of his or her office, such
448 oath to be prescribed by ordinance of the council and administered by the mayor.
449 (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 council.
 LC 28 7316

450 (f) Members of boards, commissions, and authorities may receive such compensation
and
expenses in the performance of their official duties as prescribed by ordinance.
451
(g) Except as otherwise provided by this Act or by applicable state law, each board,
452
commission, or authority of the county government shall elect one of its members
453
as chairperson and one member as vice chairperson for terms of one year and may elect as
454
its secretary one of its own members or may appoint as secretary an employee of the
455
county. Each board, commission, or authority of the county government may establish
456
such bylaws, rules, and regulations not inconsistent with this Act, ordinances of the
457
county, or applicable state law as it deems appropriate and necessary for the conduct of its
458
affairs, copies of which shall be filed with the designated officer of the county.
459

460 SECTION 2.15.

461 Ordinance form; procedures.

462 Every proposed ordinance and resolution shall be introduced in writing, and the county
463 council shall have the authority to approve, disapprove, or amend them. A resolution may
464 be passed at the time it is offered, but an ordinance shall not be adopted until the title of
465 such ordinance shall have been read at two county council meetings, provided that the
466 beginnings of such meetings shall be not less than 24 hours nor more than 60 days apart.
467 This requirement of two readings shall not apply to emergency ordinances or to
468 ordinances adopted at the first
business meeting of the county council in a calendar
year.

469 SECTION 2.16.

470 Submission of ordinances to the mayor.

471 (a) Every ordinance, resolution, and other action adopted by the council shall be
472 presented promptly to the mayor. Except for council approval of appointments to
473 committees, boards, and commissions, the employment of any appointed officer, internal
474 affairs, or matters which must be approved by the voters, the mayor may veto any action
475 adopted by the county council. (b) The veto must be exercised no later than the next
476 regular county council meeting following the meeting at which the action was taken. If an
477 action is disapproved, the president of the county council shall submit to the council a
478 written statement of the reasons for the mayor's veto.
479 (c) An action vetoed by the mayor shall automatically be placed on the agenda at the next
480 regular meeting of the county council for reconsideration. If the minimum number of
481 council members necessary to vote on overriding the veto is not present, the action may
482 be continued until the next meeting at which the minimum number of council
members is
 LC 28 7316

48 present. Such action shall not become effective unless it is readopted

3
by the affirmative votes of at least five members of the county council
48
within 60 days of the veto.
4
48 (d) The mayor may disapprove or reduce any item or items of
5 appropriation in any ordinance or resolution. The approved part or
48 parts of any ordinance or resolution making appropriations shall
6
become law, and the part or parts disapproved or reduced shall not
48
become law unless subsequently passed by the county council over the
7
mayor's veto as provided in this Act.
48
8 (e) If an ordinance or resolution has been signed by the mayor, it shall
48 become effective. If an ordinance or resolution is neither approved nor
9
disapproved by the next regular meeting
49
of the county council, it
0 shall become effective.
49
1
49
2

4 ARTICL
9
3 E III
EXECU
4
9 TIVE
4
BRANC
4
H
9
5 SECTIO
4 N 3.01.
9
6 Executive powers and
duties of the mayor.
 LC 28 7316

49
514
7
515
49
8 516
49 517
9
50
0
50
1
50
2
50
3
50
4
50
5
50
6
50
7
50
8
50
9
51
0
51
1
51
2
51
3
 LC 28 7316

(a unty government and shall be responsible for the efficient and orderly
) administration of the county's affairs. The mayor shall be responsible
T for the enforcement of laws, rules, regulations, ordinances, and
he franchises in the county. The mayor may conduct inquiries and
m investigations into the conduct of the county's affairs and shall have
ay such powers and duties as specified in this Act or as may be provided
or by ordinance consistent with this Act.
sh (b)
Th
all
e
be ma
yo
th
r
e sh
ch all
:
ie
(1) Be the head of the county for the purpose of service of process
f
and for ceremonial purposes and be the official spokesperson for the
ex
county and the advocate of policy;
ec
(2) Sign as a matter of course on behalf of the county all written
ut
and approved contracts, ordinances, resolutions, and other
iv
instruments executed by the county which by law are required to be
e
in writing;
of
(3) See that all laws and ordinances of the county
fi are faithfully executed;
ce (4) Obtain long-term and short-term loans in the name of the county
r when authorized by the county council to do so;
of (5) Name qualified residents of the county to boards and
th commissions with approval of the county council;
e (6) Appoint and employ all necessary employees of the county,
co provided that excepted from this power of appointment are those
 LC 28 7316

o cers and employees who by this Act are appointed or elected by the
f county council; and provided, further, that the mayor shall appoint
f and employ all department heads subject to the approval of the
i county council;
 LC 28 7316

5 530
1
531
8
532
5
1 533
9
534
5
535
2
0 536
5 537
2
538
1
539
5
2 540
2
541
5
542
2
3 543
5 544
2
545
4
546
5
2 547
5
548
5
2
6
5
2
7
5
2
8
5
2
9
 LC 28 7316

(7 officer without the consent of the county council; provided, however,

) that department heads may be removed only with the consent of the
R county council;
e (8) Exercise supervision and control of all departments and all
m divisions created in this Act or that may hereafter be created by the
o county council except as otherwise provided in this Act;
v (9) Recommend to the county council the adoption of such
e measures as the mayor may deem necessary or expedient;
e (10) See that all terms and conditions imposed in favor of the
m county or its inhabitants in any public utility franchise are faithfully
pl kept and performed and upon knowledge of any violation thereof to
o call such violations to the attention of the county attorney, whose
y duty it shall be forthwith to take such steps as are necessary to
ee protect and enforce the same; (11) Make and execute all lawful
s contracts on behalf of the county as to matters within such officer's
e jurisdiction to the extent that such contracts are funded in the
m county's budget, except such as may be otherwise provided by law;
pl provided, however, that no contract purchase or obligation requiring
o a budget amendment shall be valid and binding until after approval
y of the county council;
e (12) Prepare and submit to the county council, prior to the
d beginning of each fiscal year, a budget of proposed expenditures for
b the ensuing year, showing in as much detail as practicable the
y amounts allotted to each department of the county government and
s the reasons for such estimated expenditures;
u (13) Keep the county council at all times fully advised as to the
c financial condition and needs of the county;
h
 LC 28 7316

(1 ritten report to the county council on the first of each month, unless
4) otherwise directed by the county council, showing the operations
M and expenditures of each department of the county government for
a the preceding month, and a synopsis of such reports shall be
k published by the clerk of the county;
e (15) Fix all salaries and compensation of county employees in
a accordance with the county budget and the county pay and
fu classification plan; and
ll (16) Fulfill and perform such other duties as are imposed by this
w Act and by duly adopted ordinances.
 LC 28 7316
SECTION 3.02.
549
Chief administrative officer; appointment, qualification,
550
and compensation.
551

552 The mayor shall appoint, subject to confirmation by the county council, for an indefinite
553 term an officer whose title shall be chief administrative officer, and the chief
554 administrative officer shall serve at the pleasure of the major and the county council. The
555 chief administrative officer, if appointed, shall be appointed without regard to political
556 beliefs and solely on the basis of his or her executive and administrative qualifications
557 with special reference to his or her educational background and actual experience in, and
558 knowledge of, the duties of office as
hereinafter prescribed.

559 SECTION 3.03.

560 Chief administrative officer.

561 The chief administrative officer shall devote all of his or her working time and attention to
562 the affairs of the county and shall be responsible to the mayor and county council for the
563 proper and efficient administration of the affairs of the county over which such officer has
564 jurisdiction; provided, however, that the county council may by resolution permit the
565 office of chief administrative officer to be a part-time position. The chief
566 administrative officer may recommend to the mayor or county council individuals
567 for appointment or removal as
department heads.

568 SECTION 3.04.

569 Chief administrative officer; removal.

570 (a) The mayor and county council may remove the chief administrative officer from
571 office in accordance with the following procedures:
572 (1) The county council shall adopt by affirmative vote of a majority of all its
573 members a preliminary resolution removing the chief administrative officer and may
574 suspend the chief administrative officer from duty for a period not to exceed 45 days.
575 A copy of the resolution shall be delivered promptly to the chief administrative
576 officer;
577 (2) Within five days after a copy of the resolution is delivered to the chief
578 administrative officer, he or she may file with the county council a written request for
579 a public hearing. This hearing shall be held at a county council meeting not earlier
than 15 days nor later than
30 days after the request; and
 LC 28 7316
(3) The county council may adopt a final resolution of removal, which may be made
580
effective immediately, by affirmative vote of four of its members at any time after five
581
days from the date when a copy of the preliminary resolution was delivered to the
582
chief administrative officer, if he or she has not requested a public hearing, or at any
583
time after the public hearing if he or she has requested one.
584
(b) The chief administrative officer shall continue to receive his or her salary until the
585
effective date of a final resolution of removal, and unless he or she has been convicted of
586
a felony at that time, he or she shall be given not less than 60 days' severance pay. The
587
action of the county council in suspending or removing the chief administrative officer
588
shall not be subject to review by any court or agency.
589
(c) If the chief administrative officer becomes disabled and is unable to carry out the
590
duties of the office or if the chief administrative officer dies, then an acting chief
591
administrative officer shall be appointed to perform the duties of the chief administrative
592
officer until the chief administrative officer's disability is removed or until the chief
593
administrative officer is replaced. Removal of the chief administrative officer because of
594
disability shall be carried
595
out in accordance with the provisions of subsection (a) of this section.
 LC 28 7316
1532 grants an original municipal charter to the City of South Fulton, do hereby certify that this
1533 bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of
the