By : Senator Kellytzia Lopez-Acevedo of the 1st

A BILL TO BE ENTITLED
AN ACT

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

2 Kodak 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 city 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 city attorney, a city clerk, a treasurer, a chief city 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 Kodak County
19 to provide for severability; to repeal conflicting laws; and for other purposes.

20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

25 This Act shall constitute the charter of Kodak County. The City of Metro
26 in the County of Kodak, and the inhabitants thereof, are constituted and declared a body
27 politic and corporate under the name and style of the "City of Metro" 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 Metro shall include all unincorporated areas of Kodak
33 County, including the Metro City Industrial District, as such exist on the effective date
34 of this Act. The boundaries of the city 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 city. 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;
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 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 commission, 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
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
 89 general law, relating to both fire prevention
90 and detection and to fire fighting; and to
91 prescribe penalties and punishment for
92 violations thereof;
93 (11) Garbage fees. To levy, fix, assess, and

94 collect a garbage, refuse, and trash collection

95 and disposal and other sanitary service

charge, tax, or fee for such services as may be
96
necessary in the operation of the county from
97
all individuals, firms, and corporations
98
residing in or doing business therein
99
benefiting from such services; to enforce the
100
payment of such charges, taxes, or fees; and
101
to provide for the manner and method of
102
collecting such service charges;
103
(12) General health, safety, and welfare. To
104 define, regulate, and prohibit any act,
105 practice, conduct, or use of property which is
106 detrimental to the health, sanitation,
107 cleanliness, welfare, and safety of the
108 inhabitants of the county, and to provide for
109 the enforcement of such standards;
110 (13) Gifts. To accept or refuse gifts,
111 donations, bequests, or grants from any
112 source for any purpose related to powers and

113 duties of the county and the general welfare

114 of its citizens, on such terms and conditions

as the donor or grantor may impose;
115
(14) Health and sanitation. To prescribe
116
standards of health and sanitation and to
117
provide for the enforcement of such
118
standards;
119
(15) Jail sentences. To provide that persons
120
given jail sentences in the county's court may
121
work out such sentences in any public works
122
or on the streets, roads, drains, and other
123 public property of the county; to provide for
124 commitment of such persons to any jail; 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 city work camp or city 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 county;
(17) Municipal agencies and delegation of
power. To create, alter, or abolish
departments, boards, offices, commissions,
and agencies of the county, and to confer
upon such agencies the necessary and
appropriate authority for carrying out all the
powers conferred upon or delegated to them;
(18) Municipal debts. To appropriate and
borrow money for the payment of debts of the
county and to issue bonds for the purpose of
raising revenue to carry out any project,
program, or venture authorized by this Act 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
county;
125 (20) Municipal property protection. To
126 provide for the preservation and protection of
127 property and equipment of the county and
128 their administration and use by the public;
129 and to prescribe penalties and punishment for

130 violations thereof;

131 (21) Municipal utilities. To acquire, lease,

construct, operate, maintain, sell, and dispose
132
of public utilities, including but not limited to
133
a system of waterworks, sewers and drains,
134
sewage disposal, storm-water management,
135
gas works, electric light plants, cable
136
television and other telecommunications,
137
transportation facilities, public airports, and
138
any other public utility; to fix taxes, charges,
139
rates, fares, fees, assessments, regulations,
140 and penalties; and to provide for the
141 withdrawal of service for refusal or failure to
142 pay them; (22) Nuisance. To define a
143 nuisance and provide for its abatement
144 whether on public or private property;
145 (23) Penalties. To provide penalties for
146 violation of any ordinances adopted pursuant
147 to the authority of this Act and the laws of the
148 State of Georgia;

149 (24) Planning and zoning. To provide

150 comprehensive county planning for

development by zoning; and to provide
151
subdivision regulation and the like as the
152
county commission deems necessary and
153
reasonable to ensure a safe, healthy, and
154
esthetically pleasing community. In order to
155
facilitate community input in the planning
156
process, the county shall be authorized to
157
create local advisory councils;
158
(25) Police and fire protection. To exercise
159 the power of arrest through duly appointed
160 police officers; and to establish, operate, or
contract for a police and a fire-fighting
agency;
(26) Public hazards: removal. To provide improvements inside or outside the corporate
for the destruction and removal of any limits of the county and to regulate the use of
building or other structure which is or may public improvements; and for such purposes,
become dangerous or detrimental to the property may be acquired by condemnation
public; under Title 22 of the O.C.G.A., or such other
(27) Public improvements. To provide for applicable laws as are or may hereafter be
the acquisition, construction, building, enacted;
operation, and maintenance of public ways, (28) Public peace. To provide for the
parks and playgrounds, recreational facilities, prevention and punishment of loitering,
cemeteries, public buildings, libraries, public disorderly conduct, drunkenness, riots, and
housing, parking facilities, or charitable, public disturbances;
cultural, educational, recreational, (29) Public transportation. To organize and
conservation, sport, detentional, penal, and operate such public transportation systems as
medical institutions, agencies, and facilities; are deemed beneficial;
and to provide any other public
161 (30) Public utilities and services. To grant
162 franchises or make contracts for, or impose
163 taxes on, public utilities and public service
164 companies; and to prescribe the rates, fares,
165 regulations, and standards and conditions of

166 service applicable to the service to be

167 provided by the franchise grantee or

contractor, insofar as not in conflict with
168
valid regulations of the Public Service
169
Commission;
170
(31) Regulation of roadside areas. To
171
prohibit or regulate and control the erection,
172
removal, and maintenance of signs,
173
billboards, trees, shrubs, fences, buildings,
174
and any and all other structures or
175
obstructions upon or adjacent to the rights of
176 way of streets and roads or within view
177 thereof within or abutting the corporate limits
178 of the county; and to prescribe penalties and
179 punishment for violation of such ordinances;
180 (32) Retirement. To provide and maintain a
181 retirement plan for officers and employees of
182 the county;
183 (33) Roadways. To lay out, open, extend,
184 widen, narrow, establish or change the grade

185 of, abandon or close, construct, pave, curb,

186 gutter, adorn with shade trees, or otherwise

improve, maintain, repair, clean, prevent
187
erosion of, and light the roads, alleys, and
188
walkways within the corporate limits of the
189
county; to grant franchises and rights of way
190
throughout the streets and roads and over the
191
bridges and viaducts for the use of public
192
utilities; and to require real estate owners to
193
repair and maintain in a safe condition the
194
sidewalks adjoining their lots or lands and to
195 impose penalties for failure to do so;
196 (34) Sewer fees. To levy a fee, charge, or
197 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 and for
enforcing payment of such service charges;
and to charge, impose, and collect a sewer
connection fee or fees to those connected
with the system;
(35) 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;
(36) Special assessments. To levy and provide
for the collection of special assessments to
cover the costs for any public improvements;
(37) Taxes: ad valorem. To levy and provide
for the assessment, valuation, revaluation,
and collection of taxes on all property subject
to taxation; provided, however, that, for all
years, the millage rate imposed for ad
valorem taxes on real property shall not
exceed 13.469 unless a higher limit is
recommended by resolution of the county
commission and approved by the qualified
voters of Kodak County; provided, further,
that, for
198 the purposes of compliance with Code
199 Section 48-8-91 of the O.C.G.A., the millage
200 rate may be adjusted upward for the sole
201 purpose of complying with the millage rate
202 rollback provisions set forth therein. For the

203 purposes of this paragraph, the term

204 "qualified voters" means those voters of the

county who are qualified to vote in county
205
elections and cast a vote for or against such
206
measure in such referendum. The question to
207
be presented to the voters in the referendum
208
on increasing the millage rate shall be "Do
209
you approve increasing taxes on residential
210
and nonresidential property for Kodak
211
County property owners by raising from
212
[current millage rate] to [proposed millage
213 rate] the operating budget millage rate, which
214 was capped in the original charter for the
215 county?" If such millage rate increase is
216 approved by the qualified voters of Kodak
217 County voting in the referendum, the new
218 rate shall become the maximum limit until
219 changed again by resolution of the county
220 council and approval by a majority of the

221 qualified voters of Kodak County voting in a

222 referendum;

223 (38) Taxes: other. To levy and collect such

other taxes as may be allowed now or in the
224
future by law;
225
(39) Taxicabs. To regulate and license
226
vehicles operated for hire in the county; to
227
limit the number of such vehicles; to require
228
the operators thereof to be licensed; to require
229
public liability insurance on such vehicles in
the amounts to be prescribed by ordinance;
and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and
operate an urban redevelopment program;
a
n
d
(41) 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 county and its
inhabitants; to exercise all implied powers
necessary or desirable to carry into execution
all powers granted in this Act 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 Act 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.
230 S
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232 All powers, functions, rights, privileges, and

233 immunities of the city and its officers, agencies,
234 or employees shall be carried into execution as
235 provided by this Act. If this Act makes no
provision, such shall be carried into execution
as provided by ordinance or as provided by
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236 A
R
237
T
238 I
C
239 L
240 E

I
I
GOVERNMEN
T
STRUCTURE,
ELECTIONS,
AND
LEGISLATIVE
BRANCH
SECTION
2.01.
County
Comssi
on
creation
;
number
;
election
.

241
247
242
248
243
249
244
250
245
251
246
252 (a) The legislative authority of the government
of Kodak County, except as otherwise
specifically provided in this Act, shall be
vested in a county commission to be composed
of a president of county commission and seven
district councilmembers.
(b) The mayor and presiding officer of the
county commissioner shall be elected by a
majority vote of the qualified electors of the
county at large voting at the elections of the
county.
(c) Each councilmember shall be elected by a
majority vote of the qualified electors of his or
her respective council district voting at the
elections of the county. For the purpose of
electing the seven councilmembers, there shall
be seven council districts, designated Council
Districts 1 through 7, as described in Appendix
B of this Act and the accompanying
Redistricting Plan Components Report, which
are attached to and made a part of this charter.
Each person desiring to offer as a candidate for
councilmember shall designate the council
d
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255 T
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2
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0
2
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Mayor, presiding officer
of county commission,
and county
councilmembers; election,
terms, and qualifications
for office.

256 (a) Except as otherwise provided in subsection

257 (c) of this section, the mayor, presiding officer
258 of the county commission, and seven members
259 of the county council shall serve for terms of
260 four years and until their respective successors

261 are elected and qualified. No person shall be

eligible to serve as mayor, presiding officer of
the county commission, or councilmember
unless that person shall have been a resident of
the area comprising the corporate limits of
Kodak County for a continuous period of at
least 12 months immediately prior to the date
of the election for
262 mayor, presiding officer of the county
263 commission , or councilmember; shall continue
264 to reside therein during that person's period of
265 service; and shall continue to be registered and
266 qualified to vote in municipal elections of

267 Kodak County. In addition to the above

268 requirements, no person shall be eligible to

serve as a councilmember representing a
269
council district unless that person has been a
270
resident of the district such person seeks to
271
represent for a continuous period of at least 12
272
months immediately prior to the date of the
273
election for councilmember and continues to
274
reside in such district during that person's
275
period of service.
276
(b) The first general municipal elections shall
277 be held on the Tuesday next following the first
278 Monday in November, 2015. Thereafter,
279 general municipal elections shall be held on the
280 Tuesday next following the first Monday in
281 November in each odd-numbered year
following the year in which such first
municipal election is held.
(c) The first mayor, presiding officer of the
county commission, and the initial
councilmembers shall take office on the first
day of January, 2016, following the first
municipal election provided for in subsection
(b) of this section. The first mayor,presiding
officer of the county commission , and
councilmembers serving Council Districts 2, 4,
and 6 shall serve initial terms of four years.
The councilmembers serving Council Districts
1, 3, 5, and 7 shall serve initial terms of two
years. Their successors shall be elected at the
municipal election immediately preceding the
expiration of their terms and shall take office
on January 1 for terms of four years. No
person shall serve as mayor for more than two
consecutive terms, but a former mayor may
again serve as mayor after the leaving office.
expiration of four years after

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Presiding officer
of the county
commission;
appointment;
duties.

284 (a) The presiding officer of the county

285 commission shall be elected by a majority of
286 qualified electors of the county.
287 (b) The presiding officer of the county
commission shall:
288
(1)
289 Pre
290 sid
e at
291 all
292 me
etin
293 gs
of
294
the
295 cou
nty
296 co
m
mis
sio
n;
(2) Vote on any motion, resolution,
ordinance, or other question before the
council only as provided in Section 2.11 of
this Act and vote on any matter before a
committee on which he or she serves;
(3) Appoint councilmembers to oversee
and report on the functions of the various
departments of the county;
(4) Prepare or have prepared an agenda for (5) Appoint
the county
each meeting of the county commission
clerk,
which shall include all business submitted subject to
council
by the mayor, any councilmember, and the
approval.
county attorney; and
299 The office of mayor, presiding officer of the
300 county commission, or councilmember shall
301 become vacant upon the incumbent's death,
302 resignation, forfeiture of office, or removal
303 from office in any manner authorized by this

304 Act or the general laws of the State of Georgia.

305 A vacancy in the office of mayor, presiding

officer of the county commission, or
306
councilmember shall be filled for the remainder
307
of the unexpired term by a special election if
308
such vacancy occurs 12 months or more prior
309
to the expiration of the term of that office. If
310
such vacancy occurs within 12 months of the
311
expiration of the term of that office, the county
commission or those members remaining shall
appoint a successor for the remainder of the
term. If a vacancy occurs within 12 months of
the expiration of the term for mayor, the
presiding officer of the county commission
shall fill the vacancy for the remainder of the
term. If a vacancy occurs within 12 months of
the expiration of the term for presiding officer
of the county commission, those remaining on
the county commission shall appoint 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,
president of city council, or any
councilmember.

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314 Political parties shall not conduct primaries for

county offices and all names of candidates for
315
county offices shall be listed without party
designation.

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318 The candidates for mayor, presiding officer of

319 the county commission, and councilmember
320 who receive a majority of the votes cast in the
321 applicable election shall be elected to a term of
322 office. In the event no candidate receives a

323 majority of the votes cast in such election, a

run-off election shall be held between the
candidates receiving the two 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.
326 All primaries and elections shall be held and
327 conducted in accordance with Chapter 2 of
328 Title 21 of the O.C.G.A., the "Georgia Election
329 Code," as now or hereafter amended. Except as
330 otherwise provided by this Act, thecounty

331 commission 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.

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334
336
335
337 The annual salary of the mayor shall be
338 $70,000.00. The annual salary for each
339 councilmember shall be $17,500.00. The
340 annual salary for the presiding officer of the
341 county commission shall be $28,500.00. Such

342 salaries shall be paid from municipal funds in

343 equal monthly installments. The county

commission may provide by ordinance for the
provision of insurance, retirement, workers'
compensation, and other employee benefits to
the mayor, presiding officer of the county
commission, and members of the county
commission and may provide by ordinance for
the reimbursement of expenses actually and
necessarily incurred by the mayor, presiding
officer of the county commission, and members
of the county commission l in carrying out their
official duties. The county commission may
alter the salaries of the mayor, presiding officer
of the county commission, and members of the
county commission from time to time in
accordance with Code Section 36-35-4 of the
O.C.G.A.

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346 The county commission may make inquiries

347 and investigations into the affairs of the county
348 and conduct of any department, office, or
349 agency thereof and for this purpose may
350 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 county commission shall
be punished as may be provided by ordinance.
353 (a) The county commission shall meet on the
354 first working day in January immediately
355 following each regular municipal election. The
356 meeting shall be called to order by the
357 president-elect, and the oath of office shall be

358 administered to the newly elected mayor,

359 treasurer, chief county auditor, and

councilmembers by a judicial officer
360
authorized to administer oaths. The oath shall,
361
to the extent that it comports with federal and
362
state law, be as follows:
363
"I do solemnly swear or affirm that I will
364
faithfully execute the office of
365
[councilmember, mayor, or presiding
366
officer of the county commission, as the
367
case may be] of Kodak County , and will to
368 the best of my ability support and defend
369 the Constitution of the United States, the
370 Constitution of Georgia, and the Act,
371 ordinances, and regulations of Kodak
372 County. I am not the holder of any
373 unaccounted for public money due this state
374 or any political subdivision or authority
375 thereof. I am not the holder of any office of

376 trust under the government of the United

377 States, any other state, or any foreign state

378 which I by the laws of the State of Georgia

am prohibited from holding. I am
379
otherwise qualified to hold this office
380
according to the Constitution and laws of
381
Georgia. I have been a resident of my
382
district and the district of Kodak
383
County for the time required by the
384
Constitution and laws of this state and by
385
the municipal charter. I will perform the
duties of my office in the best interest of
Kodak County to the best of my ability
without fear, favor, affection, reward, or
expectation thereof."
(b) The county commission shall, at least once
a month, hold regular meetings at such times
and places as prescribed by ordinance. The
county commission 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.
(c) Special meetings of the council may be held
on the call of the mayor, presiding officer of the
county commission, or four members of the
council. Notice of such special meetings shall
be delivered to all members of the county
commission , presiding officer of the county
commission, and 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, presiding officer of the county
commission, and all councilmembers are
present when the special meeting is called.
Such notice of any special meeting may be
waived by the mayor, presiding officer of the
county commission, 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.
388 Five councilmembers shall constitute a quorum
389 and shall be authorized to transact business for
390 the county commission. Voting on the adoption
391 of ordinances shall be taken by voice vote and
392 the yeas and nays shall be recorded in the

393 minutes, but, on the request of any

394 councilmember, there shall be a roll-call vote.

In order for any ordinance, resolution, motion,
395
or other action of the county commission to be
396
adopted, the measure shall receive at least four
397
affirmative votes and shall receive the
398
affirmative votes of a majority of those voting.
399
No member of the county commission shall
400
abstain from voting on any matter properly
401
brought before the 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 member of the county
commission 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 presiding officer of the county
commission 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 S
E
403
C
T
I
O
N

2
.
1
2
 . and authority of
General power the county
commission .

404 (a) Except as otherwise provided by law or by

405 this Act, the county commission shall be vested
406 with all the powers of government of Kodak
407 County as provided by Article I of this Act. (b)
408 In addition to all other powers conferred upon

409 it by law, the county commission shall have the

410 authority to adopt and provide for the execution

of such ordinances, resolutions, rules, and
411
regulations, not inconsistent with this Act and
412
the Constitution and the laws of the State of
413
Georgia, which it shall deem necessary,
414
expedient, or helpful for the peace, good order,
415
protection of life and property, health, welfare,
416
sanitation, comfort, convenience, prosperity, or
well-being of the inhabitants of Kodak County
and may enforce such ordinances by imposing
penalties for violation thereof.
(c) The county commission 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 county
commission.
419 (a) The county commission , by ordinance,
420 may establish, abolish, merge, or consolidate
421 offices, positions of employment, departments,
422 and agencies of the county as it shall deem
423 necessary for the proper administration of the

424 affairs and government of the county. The

425 county commissiom shall prescribe the

functions and duties of existing departments,
426
offices, and agencies or of any departments,
427
offices, and agencies hereinafter created or
428
established; may provide that the same person
429
shall fill any number of offices and positions of
430
employment; and may transfer or change the
431
functions and duties of offices, positions of
employment, departments, and agencies of the
county.
(b) The operations and responsibilities of each
department now or hereafter established in the
county shall be distributed among such
divisions or bureaus as may be provided by
ordinance of the county commission. Each
department shall consist of such officers,
employees, and positions as may be provided
by this Act or by ordinance and shall be subject
to the general
supervisi
on and
guidance
of the
mayor
and
council.

432 S
E
433
C
T
I
O
N

2
.
1
4
 . ions, and
Boards, authoriti
commiss es.

434 (a) All members of boards, commissions, and

435 authorities of the county shall be nominated by
436 the mayor and shall be confirmed by the county
437 commission for such terms of office and such
438 manner of appointment as provided by

439 ordinance, except where other appointing

440 authority, term of office, or manner of

appointment is prescribed by this Act or by
441
applicable state law. (b) No member of any
442
board, commission, or authority of the county
443
shall hold any elective office in the county. The
444
presiding officer of the county commission,
445
councilmembers, and mayor, however, may
446
serve as voting ex officio members of such
447
boards, commissions, or authorities.
448
(c) Any vacancy in office of any member of a
449 board, commission, or authority of the county
shall be filled for the unexpired term in the
manner prescribed for original appointment,
except as otherwise provided by this Act 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 county 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 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 council.
451 expenses in the performance of
their official duties as prescribed by
452 ordinance.
453 (g) Except as otherwise provided by this Act

454 or by applicable state law, each board,

455 commission, or authority of the county
456
government shall elect one of its members as
457
chairperson and one member as vice
458
chairperson for terms of one year and may elect
459
as its secretary one of its own members or may

appoint as secretary an employee of the county.

Each board, commission, or authority of the

county government may establish such bylaws,

rules, and regulations not inconsistent with this

Act, ordinances of the county, 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

county.

460 S
E
461
C
T
I
O
N

2
.
1
5
.
O
rd
in
a
n
c
e
fo
r
m
;
pr d
o ur
c es
e .

462 Every proposed ordinance and resolution shall

463 be introduced in writing, and the county
464 commission shall have the authority to
465 approve, disapprove, or amend them. A
466 resolution may be passed at the time it is

467 offered, but an ordinance shall not be adopted

468 until the title of such ordinance shall have been

read at two county commission meetings,
provided that the beginnings of such meetings
shall be not less than 24 hours nor more than 60
days apart. This requirement of two readings
shall not apply to emergency ordinances or to
ordinances adopted at the first
business
meeting of
the county
commission
in a
calendar
year.

469 S
E
470
C
T
I
O
N

2
.
1
6
.
Submissi
on of
ordinance
s to the
mayor.

471 474
472 475
473 476
477 (a) Every ordinance, resolution, and other
478 action adopted by the council shall be
479 presented promptly to the mayor. Except for
480 council approval of appointments to
481 committees, boards, and commissions, the

482 employment of any appointed officer, internal

affairs, or matters which must be approved by
the voters, the mayor may veto any action
adopted by the county commission. (b) The
veto must be exercised no later than the next
regular county commission meeting following
the meeting at which the action was taken. If an
action is disapproved, the presiding officer of
the county commission shall submit to the
council a written statement of the reasons for
the mayor's veto.
(c) An action vetoed by the mayor shall
automatically be placed on the agenda at the
next regular meeting of the county commission
for reconsideration. If the minimum number
of councilmembers necessary to vote on
overriding the veto is not present, the action
may be continued until the next meeting at
which the minimum number of
councilmembers is
483 present. Such action shall not become effective
484 unless it is readopted by the affirmative votes
485 of at least five members of the county
486 commission within 60 days of the veto.
487 (d) The mayor may disapprove or reduce any

488 item or items of appropriation in any ordinance

489 or resolution. The approved part or parts of

any ordinance or resolution making
490
appropriations shall become law, and the part
491
or parts disapproved or reduced shall not
492
become law unless subsequently passed by the
county commission over the mayor's veto as
provided in this Act.
(e) If an ordinance or resolution has been
signed by the mayor, it shall become effective.
If an ordinance or resolution is neither
approved nor disapproved by the next regular
meeting
of
th
e
c
o
u
nt
y
c
o
m
m
is
si
o
n,
it
s
h
al
l
b
e
c
o
m
e
ef
fe iv
ct e.

493 A
494 R
495 T
496 I
C
L
E

I
I
I

E
X
E
C
U
T
I
V
E

B
R
A
N
C
H

S
E
C
T
I
O
N

3
.
 0 Executive
1 powers and
duties of the
.
mayor.

497 (a) The mayor shall be the chief executive

498 officer of the county government and shall be
499 responsible for the efficient and orderly
500 administration of the county's affairs. The
501 mayor shall be responsible for the enforcement

502 of laws, rules, regulations, ordinances, and

503 franchises in the county. The mayor may

conduct inquiries and investigations into the
504
conduct of the county's affairs and shall have
505
such powers and duties as specified in this Act
506
or as may be provided by ordinance consistent
507
with this Act.
508
(
509 b
510 )

511 T
h
512 e
513 m
514 a
y
515 o
516 r

517 s
h
a
l
l
:
(1) Be the head of the county for the
purpose of service of process and for
ceremonial purposes and be the official
spokesperson for the city and the advocate
of policy;
(2) Sign as a matter of course on behalf of
the county all written and approved
contracts, ordinances, resolutions, and other
instruments executed by the county which
by law are required to be in writing;
(3) See that all laws and
ordinances of the county are
faithfully executed;
(4) Obtain long-term and short-term loans
in the name of the city when authorized by
the county commission to do so;
(5) Name qualified residents of the city to
boards and commissions with approval of
the county commission;
(6) Appoint and employ all necessary
employees of the county, provided that
excepted from this power of appointment
are those officers and employees who by
this Act are appointed or elected by the
county commission ; and provided, further,
that the mayor shall appoint and employ all
department heads subject to the approval of
the county commission;
518 (7) Remove employees employed by such
519 officer without the consent of the county
520 commission; provided, however, that
521 department heads may be removed only with
522 the consent of the county commission;

523 (8) Exercise supervision and control of all

524 departments and all divisions created in this

Act or that may hereafter be created by the
525
county commission except as otherwise
526
provided in this Act;
527
(9) Recommend to the county commission
528
the adoption of such measures as the mayor
529
may deem necessary or expedient;
530
(10) See that all terms and conditions
531
imposed in favor of the county or its
532
inhabitants in any public utility franchise are
533 faithfully kept and performed and upon
534 knowledge of any violation thereof to call
535 such violations to the attention of the county
536 attorney, whose duty it shall be forthwith to
537 take such steps as are necessary to protect and
538 enforce the same; (11) Make and execute all
539 lawful contracts on behalf of the county as to
540 matters within such officer's jurisdiction to
541 the extent that such contracts are funded in

542 the county's budget, except such as may be

543 otherwise provided by law; provided,

however, that no contract purchase or
544
obligation requiring a budget amendment
545
shall be valid and binding until after approval
546
of the county commission;
547
(12) Prepare and submit to the county
548
commission, 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 counyy government
and the reasons for such estimated
expenditures;
(13) Keep the county commission at all times
fully advised as to the financial condition and
needs of the county;
(14) Make a full written report to the county
commission on the first of each month, unless
otherwise directed by the county commission,
showing the operations and expenditures of
each department of the county government
for the preceding month, and a synopsis of
such reports shall be published by the clerk of
the city;
(15) Fix all salaries and compensation of
county employees in accordance with the city
budget and the county pay and classification
plan; and
(16) Fulfill and perform such other duties as
are imposed by this Act and by duly adopted
ordinances.
549 S
E
550 C
551 T
I
O
N

3
.
0
2
.
Chief administrative
officer; appointment,
qualification, and
compensation.

552 The mayor shall appoint, subject to

553 confirmation by the county commission, for an
554 indefinite term an officer whose title shall be
555 chief administrative officer, and the chief
556 administrative officer shall serve at the pleasure

557 of the major and the county commission. The

558 chief administrative officer, if appointed, 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
h
e
r
e
i
n
a
f
t
e
r

p
r
e
s
c
r
i
b d
e .

559 S
E
560
C
T
I
O
N

3
.
0
3
.
C
h
ie
f
a
d
m
i
n
is
tr
at
i
v
e
o
ff
ic
er
.

561 The chief administrative officer shall devote all

562 of his or her working time and attention to the
563 affairs of the county and shall be responsible to
564 the mayor and county commission for the
565 proper and efficient administration of the

566 affairs of the county over which such officer

567 has jurisdiction; provided, however, that the

county commission may by resolution permit
the office of chief administrative officer to be a
part-time position. The chief administrative
officer may recommend to the mayor or county
commission individuals for appointment or
removal as
d n
e t
p
a h
r e
t a
m d
e s
.

568 S
E
569
C
T
I
O
N

3
.
0
4
.
Chief
administ
rative
officer;
removal.

570 (a) The mayor and county commission may

571 remove the chief administrative officer from
572 office in accordance with the following
573 procedures:
574 (1) The county commission shall adopt by

575 affirmative vote of a majority of all its

576 members a preliminary resolution removing

the chief administrative officer and may
577
suspend the chief administrative officer
578
from duty for a period not to exceed 45
579
days. A copy of the resolution shall be
delivered promptly to the chief
administrative officer;
(2) Within five days after a copy of the
resolution is delivered to the chief
administrative officer, he or she may file
with the county commission a written
request for a public hearing. This hearing
shall be held at a county commission
meeting not earlier than 15 days nor later t
h
than
e
3
0 r
e
d q
a u
y e
s s
t
a ;
f
t a
e n
r d
580 (3) The county commission may adopt a

581 final resolution of removal, which may be

582 made effective immediately, by affirmative

583 vote of four of its members at any time after

five days from the date when a copy of the
584
preliminary resolution was delivered to the
585
chief administrative officer, if he or she has
586
not requested a public hearing, or at any
587
time after the public hearing if he or she has
588
requested one.
589
(b) The chief administrative officer shall
590
continue to receive his or her salary until the
591 effective date of a final resolution of removal,
592 and unless he or she has been convicted of a
593 felony at that time, he or she shall be given not
594 less than 60 days' severance pay. The action of
595 the county commission in suspending or
removing the chief administrative officer shall
not be subject to review by any court or
agency.
(c) If the chief administrative officer becomes
disabled and is unable to carry out the duties of
the office or if the chief administrative officer
dies, then an acting chief administrative officer
shall be appointed to perform the duties of the
chief administrative officer until the chief
administrative officer's disability is removed or
until the chief administrative officer is
replaced. Removal of the chief administrative
officer because of disability shall be carried
out in accordance with the
provisions of subsection
(a) of this section.