Section 99-02 ARTICLE II. GOVERNMENT STRUCTURE

Prior to the adoption of 99-2-13Charter on 09/24/2001, Section 99-02 read as follows.

                                    ARTICLE  II.  GOVERNMENT STRUCTURE

Section 2.10. City council creation; number; election.

    The legislative authority of the government of this city,  except as otherwise specifically provided  in this charter, shall be vested in a city council to be composed of five councilmembers. The city  council established in this charter shall in all respects be a successor to and continuation of the  city  governing authority under prior law. The city council shall be elected in the manner provided by this charter. The city council may also be referred to as the Council of the City of Thomasville or the Council of Thomasville, Georgia.

Section 2.11. City councilmembers. Terms and Qualifications for Office.

    The members of the city council shall serve for terms of four (4) years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless  he shall have been a resident of the city for a period of time as provided in Code Section 45-2-1 [O.C.G.A.  45-2-1]; each shall continue to reside therein during his period of service and to  be  registered and qualified to vote in municipal elections of this city.

Section 2.12. Vacancy; filling of vacancies; suspensions.

    (a)    Vacancies--The office of councilmember shall become vacant upon the incumbent's death,  resignation, forfeiture of office or removal from office in any manner authorized by this charter or  the general laws of the State of Georgia. A vacancy in the office of councilmember shall be filled  for the remainder of the unexpired term, if any, as provided for in this charter.

    (b)    Suspension--Upon the suspension from office of a councilmember in any manner  authorized by the general laws of the State of Georgia, the city council or those remaining shall  appoint a successor for the duration of the suspension. If the suspension becomes permanent, then  the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.

Sec. 2.13. Salary of mayor and councilmembers.

    Following the effective date of this ordinance each councilmember, with the exception of the  councilmember designated as mayor, shall receive a salary of $550.00 per month, payable monthly out of the treasury of the city, and the councilmember designated as mayor shall receive a salary of  $650.00 per month, payable monthly out of the treasury of the city. In addition to the compensation  provided in this section, for each day during which a councilmember attends a meeting of a city  council committee to which a councilmember is assigned or a meeting with another governmental  unit or body where the presence of one (1) or more councilmembers is required, each councilmember so attending shall receive an amount for each such day equal to the daily expense  allowance to which members of the General Assembly are authorized pursuant to general law except for travel within Thomas County; provided, however, that each councilmember shall be  entitled to receive such amount for no more than four (4) meetings per month, and the mayor shall  be allowed to receive such amount for no more than five  (5) meetings per month.The mayor and  members of the city council shall be entitled to receive the per mile allowance authorized for state employees by general law for attending such meetings. Rules prescribing the kinds of meetings  which will qualify for purpose of this section, along with attendance requirements, shall be  established in writing by the mayor, after consultation with the city council, prior to the effective  date of this section.

(Ord. of 6-12-95(1), Ord. of 8-23-99   I(K))

Section 2.14. Conflicts of interest; holding other offices.

    (a)    Conflict of Interest--No elected official, appointed officer, or employee of the city or any  agency or political entity to which this charter applies shall knowingly:

        (1)    Be directly or indirectly interested in any contract, job, service with or for the city, nor  in the profits or emoluments thereof, and any contract on the part of the city which violates this section may be declared null and void by the city council;

        (2)    Engage  in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or  would tend to impair the independence of his judgment or action in the performance of his official duties;

        (3)    Disclose  confidential information concerning the property, government, or affairs of the  governmental body by which he is engaged without proper legal authorization; or use such  information to advance the financial or other private interest of himself or others;

        (4)    Accept  any valuable gift, whether in the form of service, loan, thing, or promise, from  any person, firm or corporation which to his knowledge is interested, directly to indirectly, in any  manner whatsoever, in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;

        (5)    Represent other private interests in any action or proceeding against this city or any portion of its government.

    (b)    Disclosure--Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within  any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract  or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. Nothing contained in this subsection shall authorize any activity prohibited by subsection (a) above.

    (c)    Use of Public Property--Elected officials, appointed officers, or employees of the city or any agency or entity to which this charter applies shall not use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.

    (d)    Contracts Voidable and Rescindable--Any violation of this section which occurs with the  knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.

    (e)    Ineligibility of Elected Official--Except where authorized by law, neither the mayor nor  any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which he was  elected.

    (f)    Political Activities of Certain Officers and Employees--Appointive officers and employees  of the city shall not continue in such employment upon qualifying as a candidate for nomination or  election to any public office.

    (g)    Penalties for Violation--

    (1)    Any city officer or employee who  knowingly conceals such financial interest or knowingly  violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position.

    (2)    Any officer or employee of the  city who shall forfeit his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three (3) years thereafter.

(Ord. of 6-12-95(1),   I(L))

Section 2.15. Inquiries and investigations.

    The city council may make inquiries and investigations into  the affairs of the city and conduct of any department office, or agency thereof and for this purpose may 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 city council shall be punished as may be provided by ordinance or state law.

Section 2.16. General power and authority of the city council.

    Except as otherwise provided by the charter the city council shall be vested with all the powers of government of this city as provided by Article I.

Section 2.17. Eminent domain.

    The city council is hereby empowered to acquire construct, operate and maintain public ways,  parks, public grounds cemeteries, markets, market houses, public buildings, libraries, sewers,  drains, sewage treatment, waterworks, electrical systems, gas systems, cable television systems, all data and telecommunications systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and  any other public improvements inside or outside the city, and to regulate the use thereof. For such  purposes set forth herein, property may be condemned under procedures established under general law applicable now or as provided in the future. (Ord. of 6-12-95(1),   I(H))

Section 2.18. Fire district.

    The city council may enact any and all bylaws, ordinances  and regulations necessary to lay out a fire district in the city and enlarge, change, or modify its limits from time to time.

Section 2.19. Zoning and planning authorized.

    The city council shall have authority to enact zoning and  planning laws whereby such city will be zoned or districted for various uses and other or different uses prohibited therein and regulating  the uses for which such zones or districts may be set apart, and regulating the plans for the development and improvement of real estate therein.

    In exercising the powers herein granted, the city council  shall be further authorized to adopt by ordinance a plan or plans for the zoning of the city, in the interest of public health, safety, order, convenience, comfort, aesthetics, prosperity, and general welfare, and for the purpose of regulating  the location of trades, industries, apartment houses dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages; or for the purpose of preserving buildings, structures or areas having national, regional, state or local historic significance; or for the purpose of maintaining or improving the aesthetic appearance of any  buildings, structures or areas. The zoning regulations may be based upon any one (1) or more of  the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the city council shall deem best to accomplish the purposes of the zoning regulations.

ORGANIZATION AND PROCEDURES

Section 2.20. Organizational meetings.

    The city council shall hold an organizational meeting at the first regular meeting in January following each general municipal election. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows: "I swear (or affirm) that I  will faithfully and impartially demean myself and perform my duties as a member of the city council for the City of Thomasville during my continuance in office, and in all things pertaining to  my office. So help me God."

Section 2.21. Regular and special meetings.

    (a)    The city council shall meet at  least once a month at stated intervals and shall hold their meetings in public. The board shall keep reports of its meetings and shall record all its actions. The  city clerk is hereby named as the official secretary of the city council and is charged with the duty  of attending and keeping the minutes of all meetings of the board, which record and minutes shall  be open to the inspection of the general public in the office of the city clerk in the city hall at all  reasonable hours. All votes shall be taken by "aye" and "nay" and shall appear in  the minutes.

    (b)    The city council shall be required  to meet in special session as often as the mayor or any  two (2) councilmembers or the city manager may request. Special meetings of the city council shall  be called by the mayor, or the necessary councilmembers, or the city manager, filing a written  request for the same with the city clerk, stating the time for the meeting. Upon such notice being  filed with the city clerk it shall thereupon be the duty of the clerk to serve notice upon every  member of the city council and the city manager, whose names are not attached to the request for  such meeting to be called, such notice to be served in writing, orally, or by telephone upon such members of the city council who are to be found within the city limits of the city. Upon the clerk's failure to locate any member of the city council for service of notice as provided in this section,  a written notice of such meeting shall be left at his place of business or residence. The same rule of service shall apply to the city manager or anyone else with whom the board has special business to  transact.

Section 2.22. Rules of procedure.

    (a)    The city council shall adopt its  rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of minutes of its proceedings, which shall be a public record.

    (b)    All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at his pleasure The mayor shall have the power to appoint new  members to any committee at any time.

Section 2.23. Quorum: voting.

    Three (3) councilmembers shall constitute a quorum and shall be authorized to transact business  of the council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be  recorded in the minutes, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the minutes.

Section 2.24. Ordinance form; procedures.

    (a)    Every proposed ordinance should be introduced in writing and in the form required for  final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting  clause shall be "Be it ordained by the Council of the City of Thomasville Georgia..." and every  ordinance shall so begin.

    (b)    An ordinance may be introduced  by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city  council in accordance with the rules which it shall establish; provided, however, an ordinance shall  not be adopted the same day it is introduced except for emergency ordinances as provided by  ordinance. Upon introduction of any ordinance the clerk shall soon as possible distribute a copy to  each councilmember and shall file a reasonable number of copies in the office of the clerk and at  such other public places as the city council may designate.

Section 2.25. Action requiring an ordinance.

    Acts of the city council which have the force and effect of law shall be enacted by ordinance.

Section 2.26. Codes of technical regulations.

    (a)    The city council may adopt any  standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.24(b) for  distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of  technical regulations, as well as the adopting ordinance shall be authenticated and recorded by the city clerk pursuant to Section 2.27.

    (b)    Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.

Section 2.27. Signing; authenticating; recording; codification; publication.

(a)    The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council

(b) The city council shall provide for the preparation of a general codification of all the ordinances  of the city having the force and effect of law. The general codification shall be adopted by the city  council by ordinance and shall be published promptly, together with all amendments thereto and  such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Thomasville,  Georgia." Copies of the code shall be furnished to all departments of the city and made available  to  the public by publication on the Internet, at the City of Thomasville web site.

(c)  The city council shall cause each ordinance of general application and  each amendment to this  charter to be published as soon as practicable following its adoption, and the published ordinances and charter amendments shall be made available to the public by publication on the Internet, at the  City of Thomasville web site.  Following publication of the first code under this charter and at  all times thereafter, the ordinances and charter amendments shall be codified in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein.  The  city  council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules  and regulations included in the code.

Section 2.28. City manager; appointment; qualifications; compensation.

    The city council shall appoint a city manager for an indefinite  term and he shall hold office at  the pleasure of the city council, The manager shall be appointed solely on the basis of his executive  and administrative qualifications, and his compensation shall be fixed by the city council.

Section 2.29. Acting city manager.

    By letter filed with the city clerk, the manager shall designate,  subject to approval of the city  council, a qualified city administrative officer to exercise the powers and perform the duties of  manager during his temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease.

Section 2.30. Powers and duties of the city manager.

    (a) The city manager shall be the chief administrative officer of the city. He shall be responsible  to the city council for the administration of all city affairs placed in his charge by or under this charter with the exception of the city utilities department. He shall devote his entire time to the duties of his office. He shall have the following powers and duties.

        (1)    See that  all laws and ordinances of the city are enforced.

        (2)    With the  exception of the city utilities department (which includes the city gas system), exercise control over all of the departments and divisions of the city general government now created, or that may hereafter be created.

        (3)    Attend  all meetings of the city council, with the right to take part in the discussions, but  he shall have no right to vote on propositions under consideration.

        (4)    Recommend to the city council for adoption such matters as he may deem necessary and  expedient.

        (5)    Prepare and submit to the city council an annual operating budget and capital budget of all departments of the city, except the utilities department, setting forth the probable needed  expenditures and estimated revenue for such year.

        (6)    Keep the  city council advised as to the financial condition and needs of the city.

        (7)    Supervise and direct the conduct of all officers and employees, except as otherwise provided herein.

        (8)    Supervise the performance of all contracts for all work done for the city general government and to make all purchases or contracts for same under such rules and regulations as the city council may adopt.

        (9)    As personnel  manager, he shall appoint, discharge and fix the salaries of employees in all departments and divisions of the general government with the exception of the city utilities  department, provided that all such terms of employment shall be made only at the pleasure of the  city manager in accordance with duly established personnel policy. All such appointments shall be made upon merit and fitness for the performance of the duties required.

        (10)    Perform  additional duties as the city council may by ordinance or resolution prescribe.

    (b)    The city council may require the  city manager to go before them at any time and answer questions, either orally or in writing, and may require of the city manager, at any time they see fit, any reports on any matter involving the city that they deem proper.

    (c)    The city manager shall be purchasing  agent for the city general government, and by him all purchases or contracts shall be made in accordance with rules and regulations adopted by the city  council by resolution in any official meeting of the city council. In the capacity of purchasing agent for the city general government he shall conduct all sales of personal property of the city which the city council may authorize to be sold and which may have become unnecessary or unfit for the city use. The city council may by resolution or ordinance prescribe who shall sign vouchers for the  payment out of the city funds, and under what rules and regulations.

(Ord. of 6-12-95(1),   I(B))

Section 2.31. City council's interference with administration.

    Except for the purpose of inquiries and investigations under Section 2.15, the city council or its  members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

Section 2.32. Selection of mayor and vice chairman.

    By a majority vote of all its members, the city council shall  elect a councilmember to serve as  mayor and a councilmember to serve as vice chairman for terms of two (2) years and until their successors are elected and qualified. Both shall continue to vote and otherwise participate as councilmembers but shall have no veto power. The mayor and vice chairman serving as such when this charter first becomes effective shall serve out the remainder of their terms of office as mayor  and vice chairman and until their respective successors to such officers are elected and qualified. If either office becomes vacant, the city council shall elect one (1) of the other councilmembers to serve as such officer.

Section 2.33. Powers and duties of mayor.

    The mayor shall:

        (a)    Preside at all meetings of the city council;

        (b)    Be the  head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the city and the chief advocate of policy;

        (c)    Have power  to administer oaths and to take affidavits; and

        (d)    Sign as a matter of course on behalf of the city all written and approved contracts,  ordinances, and other instruments executed by the city which by law are required to be in writing.

Section 2.34. Vice chairman.

    During the absence or disability of the mayor for any cause, the vice chairman of the city council, or in his absence or disability for any reason, any one (1) of the councilmembers chosen by  a majority vote of the city council shall be clothed with all the rights and privileges of the mayor  and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.

Section 2.35. Devotion of time to duties.

    The mayor and each of the councilmembers shall devote as much time as may be necessary to  the duties of the office held.