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GAINESVILLE, CITV OF, COMMIS-
* SION GOVERNMENT.
An Act to amend the charter of
Gainesville under the Act approved
February 28th, 1877, and the various
Acts amendatory thereof, so as to es
tablish a commission form of Govern
merit, and for other purposes.
Section 1. Be it enacted by the
general assembly of the State of Geor- 1
< gia. and it is hereby enacted by the,
authority of the same, that from and
after the passage of this Act, the in- |
habitants of the City of Gainesville
<hall continue to exist as a municipal
corporation and body politic, as char
tered under the Act approved Febru-
*' ary 28th. 1877, and the various Acts
amendatory thereof as far as the cor
pmat exeistence and identity, the ter
ritorial limits, and the jurisdiction of :
said corporation are concerned; and
all the corporate rights, powers and
privileges heretofore conferred, and
all the property and property rights
< now held, owned or possessed by said
corporation, and all duties, obliga
tions and liabilities imposed by law
> are hereby preserved unto and against 1
said corporation, except as altered and
imended by this Act. provided, how
ever that the name and style of said
corporation shall be changed from
the Mayor and Council of the City of
Gainesville to “City of Gainesville.”
* All resolutions and ordinances thereof
new of force not conflicting herewith
shall remain unchanged, subject, how
ever. to be hereafter amended or re
pealed by the duly constituted author
ities of said City, and all powers and
authority that at this time are vested
in the said City Council of Gaines
ville. the Mayor of ille. or any
Board, Commission. Organization. De
partment. or body of any kind that is
authorized or empowered to exercise,
to do or perform any rights or author
ity of municipal government in or
connected with the City of Gainesville
be and the same are hereby vested in
the managers hereinafter provided for
unless hereinafter specifically vested
in some other officer, and the offices
of Mayor. City Council, Aiderman,
Councilman. and the Boards, Commis
sions. Organizations. Departmentsand
other bodies, and all offices created
by them shall be and are hereby abol-
* ished on the date this Act becomes
•operative; provided, however, that the
school board shall remain as at pres
ent organized, and nothing in this
Act shall be construed to alter or a
niend their duties and powers, provid
ed. however, that the city Managers
hereinafter provided for shall have
control of the streets and alleys of
a. said City and the cleaning of the
same, and the employment of labor
for that purpose subject to the Civil
Service rules hereinafter provided:
except the city Managers herein pro
vided for shall have the power of fill
ing vacancies in said boards that is
now vested in the Mayor and Council;
and provided further that all officers
and members of any boards shall con
•tinue to perform their duties until
'* provision shall have been made by
said Managers for performance of
such duties.
Section 2. That the corporate pow
ers of the City of Gainesville shall be
exercised as hereinafter provided by a
Board of City Managers, and such
other officers and agents as are here
inafter provided for. and subject to j
such limitation as may be hereinafter]
Said Board of City Managers shall
consist of five citizens of Gainesville
who shall be elected in the manner
ami whose qualifications shall be as
hereinafter provided. This Board of i
City Managers shall constitute the«
v I
▼governing body of said City with
as hereinafter provided, to ■
pass ordinances, adopt regulations, j
ahd appoint a chief administrative
officer to be known as the City Super
intendent. and exercise all powers and
authority now vested in the Mayor
and Council not herein-expressly del
egated to some other officer.
4 ,
Election ot City Managers.
Section 3.. All City Managers {
'hall serve for a term of four years ;
and until their successors are elected)
ami have qualified: except at the .first ‘
election there shall be two City Man
agers elected for two years and three
’•ty Managers for four years, and
each candidate shall designate for
which term he offers.
• Vacancies in the Board of City •
Managers shall be filled as they were I
filled in the City Council of Gaines- I
ville at the time of the adoption of I
this Charter.
Qualifications.
Section 4. Members of the Board
City Managers shall have been
residents of the city for not less than
two years and shall be at least thirty
years of age. and shall be registered
electors therein. City Managers and
other officers and employees shall not
hold any other public office or em
ployment under the City of Gaines
vffle. or County of Hall, and shall not
be*interested, directly or indirectly,
in the profits or emoluments of any
contract, job. work or service for the
municipality. Any City Manager
who shall cease to possess any of the
qualifications herein required shall
forthwith forfeit his office and any
>uch contract in which any City Man
ager is or may become interested, di
rectly or indirectly, may., be declared
void by the City Managers.
No City Manager or other officer
or employee of said City shall accept
any frank, free ticket, pass, or ser
vice. directly or indirectly, from any
person, firm or corporation, upon
■ teims more favorable than are grant
ed to the public generally, except in
| such case where a City Manager. Offi-
■ cer or employee by reason of official
< onnection with such corporation or
firm may have a right to such frank,
pass, or service which is permitted
the Georgia Railroad Commission.
Any violation of the provisions of this
section shall be a misdemeanor and
upon conviction such violation shall
be punished as provided in Section
1065 of the Penal Code of Georgia
for 1910. Such prohibition of free
service shall not apply to policemen
or firemen in uniform or wearing their
official badges, when the same is pro
vided by ordinance.
Mayor.
Section 5. The City Managers
shall elect from their number a pre
siding officer or chairman, who shall
be termed the Mayor, and he shall
hold such office for a term of two
years.
The Mayor shall be the presiding
officer, except that in his absence a
Mayor protempore may be chosen.
The Mayor shall exercise such powers
conferred and perform all duties im
posed upon him by this charter, the
ordinances of the City and the laws
of the State. He shall be recognized
as the official head of the City by the
courts for the purpose of serving civil
processes, by the Governor for the
purposes of the military law, and for
all ceremonial purposes. The presid
ing officer shall have the right to vote
upon all questions before the body.
Compensation and Attendance.
Section 6. The pay of each City
Manager shall be the sum of 85.00 for
each meeting of the Board of City
Managers attended by him, provided,
however, that no City Manager shall
receive from the city a sum greater
than $250 per year, and no City Man
ager shall receive any other compen
sation from the City. The absence
from three consecutive regular meet
ings of said Board of City Managers
shall operate to vacate the seat of
rhe member unless such absence be
first authorized by the City Managers
or thereafter excused for providential
cause.
Meeting of the City Managers.
Section 7. At 10 o’clock a. m. on
the first Monday in January, 1915,
and thereafter on the first Monday in
January of each year, following a
regular municipal election, or as soon
thereafter as practicable, the City
Managers shall meet at the usual
place for holding the meetings of the
legislative body of the City, at which
time the newly elected Managers shall
assume the duties of their office.
Thereafter the Managers shall meet
at such times as may be prescribed
by ordinance or resolution, except
that they shall meet not less than
mice a month. The Mayor, or the
Mayor pro tern in the absence of the
Mayor, or any two members of the
Board of City Managers, may call a
special meeting of the Managers upon
at least twelve hours written notice
to each member served personally, or
left at his usual place of residence or
place of business. All meetings of
the Managers shall be public, but
upon two-third vote the Managers
may go into executive session for pur
pose of considering and discussing
pending question; and any citizen
shall have access to the minutes and
records of all meetings at all reasona
ble times. The Board of City Mana
gers shall determine its own rules and
order of business and shall keep a
journal of its proceedings.
Legislative Procedure.
Section 8. The Board of City
Managers shall be the judges of the
election and qualifications of its mem
bers. A majority of all members
elected shall constitute a quorum to
do business. The affirmative vote of
a majority of the members elected to
the Board of City Managers shall be
necessary to adopt any ordinance or
resolution. The vote upon the pass
age or adoption of all ordinances or
resolutions shall be taken by “yea” j
and “nay” and entered upon the jour
nal. Every ordinance or resolution
passed by the City Managers shall be
signed by the Mayor, or presiding of
ficer. or two members, and be tiled
with the Clerk within two days and
by him recorded.
Ordinance Enactment.
Section 9. Each proposed ordi-
I nance or resolution shall be intro
* duced in written or printed form, and
shall not contain more than one sub
ject. which shall be clearly stated in
the title; but general appropriation
ordinances may contain the various
•. subjects and accounts for which mon
eysare to be appropriated. The enact
ed clause of all ordinances passed by
the City Managers shall be. “Be it or
dained by the Managers of the City
<>f Gainesville.”
No ordinance, unless it be declared
i an emergency measure, shall be pass
’s ed on the day on which it shall have
been introduced, unless so ordered by
an affirmative vote of nQt less than
four members of the Board of City
Managers.
No ordinance, or resolution, or sec
tion thereof, shall be revised, re
pealed, or amended unless the new
ordinance or resolution distinctly de
scribe the entire ordinance or resolu
tion or section revised, repealed, or
amended: and the original ordinance,
resolution, section or sections, so
amended shall be repealed.
Emergency Measures.
Section 10. All ordinances and res
olutions shall be in effect from and
after thirty days from the date of
passage by the City Managers, qx
c pt as otherwise provided in this
charter. The Managers may, by an
affirmative vote of not less than four
members, pass an emergency meas
ure to take effect at the time indi
cated therein. An emergency meas
ure is an ordinance or resolution for
the immediate preservation of the
public peace, property, health or safe
ty. or providing for the usual daily
operation of a municipal department,
in which the emergency is set forth
and defined in a preamble thereto.
Ordinances appropriating money may
be passed as emergency measures, but
no measure making a grant, renewal,
or extension of a franchise or other
special privilege or regulating the rate
to be charged for its service by any
public utility, shall ever be passed
as an emergency measure.
Clerk.
Section 11. The Board of City
Managers shall choose a Clerk and
such other officers and employees as
may be necessary for the transaction
of the business of that body in its
legislative capacity. The Clerk shall
be known as the Clerk of the Mana
gers and shall keep records and pe*r
from Such other duties as may be
required by this charter or the man
agers.
Audit and Examination.
Section 12. The City Managers
shall cause a continuous audit to be
made of the books of account, records
and transactions of the administra
tive department of the city. Such
audit, during each fiscal year, shall
be made by one or more certified pub
lic accountants who hold a certificate
issued by the State Board of Account
ancy of Georgia, or by a state main
taining an equal standard of profes
sional requirements, which entitles
the holder of such certificate to a
Georgia certificate. The duties of the
auditor and auditors, so appointed,
shall include the certifications of all
statements required under this char
ter. Such statements shall include
a general balance sheet, exhibiting
the assets and liabilities of the city,
supported by departmental schedules,
and schedules for each utility publicly
owned or operated; summaries of in
come and expenditures supported by
detailed schedule: and also compari
son in proper classifications with the
last previous year. The report of
such audit for each previous year
shall be printed and a copy thereof
furnished to the newspapers of the
City of Gainesville, to each of the
City Managers and to any citizen
who may apply therefor: and a con
densed summary thereof shall be pub
lished in the manner provided by the
Managers.
j Publication.
Section 13. Every ordinance or
resolution upon its final passage shall
be recorded in a book kept for that
purpose, and shall be authenticated
by the signatures of the Mayor, or
presiding officer, or two of the Man
agers and the Clerk of the Managers.
Investigation by City Managers.
Section 14. The Board of City
Managers, or any committee thereof
duly authorized by them to do so,
may investigate the financial transac
tions of any officer, or department of
the city government and the official
acts and conduct of any city official,
and by similar investigation may se
cure information upon any matter.
In conducting such investigations,
the City Managers, or any committee
thereof, may compel the atendance of
witnesses and the production of
books, papers, ami other evidence,
and for that purpose may issue sub
poenas or attachments which shall
be signed by the presiding officer of
the City Managers, or the chairman
of such committees, as the case may
be. which may be served and execut
ed by an officer authorized by law to
serve subpoenas and other process.
If any witness shall refuse to testify
to any facts within his knowledge
or produce papers or books in his pos
session. or under his control, relating
to the matter under inquiry, before
the City Managers or any such com
mittee. the City Managers shall have
the power to cause the witness to be
punished for contempt, and in order
to enforce this provision the City
Managers may have the power to
impose a fine not exceeding SIOO
and imprisonment in the city prison
or county jail not to exceed ten days,
either or both. No witness shall be
excused from testifying touching his
knowledge of the matter under inves
tigation in any such inquiry, but such
testimony shall not be used against
him in any criminal prosecution ex-
cept for perjury committed upon such
inquiry.
City Superintendent.
Section 15. The City Managers
shall appoint a City Superintendent,
who shall be the administrative head
ot the municipal government and
shall be responsible for the efficient
administration of all departments.
He shall be appointed for a term of
two years, provided he may be re
moved at any time at the will of the
City Managers.
Section 16. Powers any Duties of
the City Superintendent.
The Powers and Duties of the City
Superintendent shall be:
(a) To see that the laws and or
dinances are enforced.
(b) To appoint and remove all of
ficers and employees in the depart
ments in both the classified and un
classified service except as otherwise
provided by this charter: all appoint
ments to be upon merit and fitness
alone, and in the classified service all
appointments and removals to be sub
ject to the civil service provisions of
this charter.
(c) To exercise over all depart
ments and divisions created herein
or that may be hereafter created by
the City Managers.
(d) To attend all meetings of the
City Managers with the right to take
part in the discussion but having no
vote.
(e) To recommend to the City
Managers for adoption such measures
as he may deem necessray or expedi
ent.
(f) Tq keep the City Managers
fully advised as to the financial con
dition and needs of the city; and
(g) To perform such other duties
as may be prescribed by this charter
or be required of him by ordinance
or resolution of the City Managers.
Salary of City Superintendent.
Section 17. The City Superintend
ent shall receive as salary a sum not
less than $1,500.00 per annum paya
ble in monthly installments.
Investigation of the City Superin=
tendent.
Section 18. The City Superintend
ent may without notice cause the af
fairs of any department, or the con
duct of any officer or employee to be
examined. Any person or persons
appointed by the City Superintendent
to examine the affairs of any depart
ment or the conduct of any officer or
employee may issue subpoenas to wit
nesses and notices for the production
of books and papers, and any person
disobeying any such subpoena or no
tice or refusing to testify shall be
punished for contempt by the City
Manager’s in the manner herein be
fore provided.
/May Establish Departments.
Section 19. The City Managers
upon conferring with the City Super
intendent shall establish by ordinance
such departments and create such of
fices. as they deem necessary to the
proper government and administra
tion of the affairs of the city, and
they may likewise by ordinance dis
continue any department and deter
mine) combine, and distribute the
functions and duties of departments,
and sub-divisions thereof, and like
wise they may fix or alter the salaries
to be paid the chief of such depart
ments and the employees therein.
But nothing in this section shall be
construed to vary or modify the pro
visions hereinafter referring to the
Civil Service of said City. .
Directors of Departments.
Section 20. The City shall elect a
director or chief of such department
created by the City Managers and all
other officers of corresponding impor
tance. such as City Attorney and Re
corder. and such directors shall con
duct the affairs of his department in
accordance with the rules and regula
tions made by the City Superintend
ent and approved by tire City Mana
gers. The duties of the Recorder and
City Attorney shall be prescribed by
the City Managers where not other
wise prescribed by law. Such direct
or or chief shall be responsible for
rhe conduct of officers and employees
of his department, for the perform
ance of its business, and for the cus
tody and preservation of the books,
records, papers, and property under
its control. Subject to the supervis
ion and control of the City Superin
tendent in all matters, the director of
each department shall manage the de
partment.
City Commission and Advisory
Board.
Section 21. The City Managers
may appoint a City Plan Board and ;
upon the request of the City Superin- 1
tendent shall appoint advisory boards.
The members of such boards shall
serve without compensation and their
duty shall be to consult and advise
the various departments. The duties
and powers thus created shall be pre
scribed by ordinance.
Civil Service—Managers.
Section 22. The City Managers
shall appoint three registered electors
of the city as a Civil Service Board,
one to serve for two years, and one
for four years, and one for six years,
to take office January Ist. 1915. or as
soon thereafter as appointed and
qualified. Thereafter members of the
? ' y / U.-'
I Civil Service Board shall be appoint
ed to serve for six years and until
their successors have been appointed
and have qualified. Members of the
Civil Service Board shall not hold any
elective office or other office under the
City of Gainesville or County of Hall.
The City Managers shall have power
to remove any member of the Board
upon stating in writing the reason
for removal and allowing him an op
portunity to be heard in his own de
fense. Any vacancy shall be filled
by the City Managers for the unex
pired term.
Officers of the Board.
Section 23. Immediately after ap
pointment. the Civil Service Board
shall organize by electing one of its
members chairman. The Board shall
appoint from their number a chief ex
aminer who shall also act as secre
tary. The Board may appoint such •
other subordinates as may by the City
Managers be provided for.
Classification.
Section 24. The Civil Service of
the City is hereby divided into the un
classified and classified service:
(1). The unclassified service
shall include:
A. All officers elected by the peo
ple.
B. The City Superintendent.
C. The heads of departments and
heads of divisions of departments and
members of appointive boards, pro
vided any such offices be created by
the City Managers.
D. The deputies and secretaries of
the City Superintendent and one as
sistant deputy and one secretary for
each department, and the Clerk of the
Managers, provided such offices be
created by the City Managers.
(2.) The Classified service shall
comprise all positions not specifically
included in this charter in the unclas
sified service. There shall be in the
classified service two classes to be
known as the competitive class, and
non-competitive class.
A. The competitive class shall in
clude all positions and employments
for which it is practicable to deter
mine the merit and fitness of appli
cants by competitive examination.
B. The non-competitive class shall
consist of all positions requiring pe
culiar exceptional qualifications of a
managerial, scientific, professional or
educational character, as may be de
termined by the rules of the Civil
Service Board.
Rules.
Section 25. The Civil Service
Board, subject to the approval of the
City Managers, shall adopt, amend
and enforce a code of rules and regu
lations. providing for appointment and
employment in all positions in the
classified service, based on merit, ef
ficiency. character, and industry,
which shall have the force and effect
of law: shall make investigations con
cerning the enforcement and effect of
ibis charter and of the rules adopted.
It shall make an annual report to the
City Managers.
Employment Officer.
Section 26. The Chief Examiner
shall be the employment officer of all j
city employees coming under the clas
sified service. He shall provide ex
aminations in accordance with regu
lations of the Board and maintain
lists of eligibles of each class of ser
vice of those melding ami require
ments of said regulations. Positions
in the classified service shall be filled
by him from such eligible lists upon
requisition from and after consulta
tion with the City Superintendent un
der rules and regulations to be pre
scribed by the Board. As positions
are tilled the employment officer shall
certify the fact in proper and pre
scribed form, to the city treasurer or
such officer as the City Managers may
designate, and the director of the de
partment in which the vacancy exists.
Promotion.
Section 27. The Civil Service
Board shall provide for promotion all
positions in the classified service,
based on records of merit, efficiency,
conduct, and seniority.
Probation Period.
Section 28. An appointment or
promotion shall not be deemed com
plete until a period of probation not
to exceed six months has elapsed, and
a probationer may be discharged or
reduced at any time within the said
period of six months upon the recom
mendation of the head of the depart
ment in which said probationer is
employed, with the approval of the
majority of the Board.
Discharge or Reduction.
Section 29. An employee in the
classified service shall not be dis
charged or reduced in rank or com
pensation until he has been present
ed with reasons for such discharge or
reduction, specifically stated in writ
ing. and has been given an opportun
ity to be heard in his own defense.
The reason for such discharge or re
duction and any reply in writing
j thereto by such employee shall be
j tiled with the Board.
t Appeal to the Board.
Section 30. Any employee of any
department in the city in the classi
fied service who is suspended, reduced
! in rank, or dismissed from a depart-
ment by the director of that depart
ment or the City Superintendent may
appeal from the dicision of such offi
cer to the Civil Service Board, and
such Board, shall define the manner,
time, and place by which such appeal
shall be heard. The judgment of such
Board shall be final.
Present Civil Service Employees.
Section 31. All persons in the em
ploy of the City holding positions in
the classified service, as established
by this charter, at the time it takes
effect, shall, unless their positions be
abolished, retain same until dis
charged, reduced, promoted, or trans
ferred in accordance herewith.
Pay Rolls Certified.
Section 32. The treasurer or other
public disbursing officer shall not pay
any salary or compensation for service
to any person holding a position in
the classified service unless the pay
roll or account for such salary or com
pensation shall bear the certificate of
the Civil Service Board, by- its sec
retary. that the person named therein
have been appointed or employed and
are performing service in accordance
with the provisions of this charter
and of the rules established there
under.
Investigations.
Section 33. In an investigation
conducted by the Civil Service Board,
it shall have the power to subpoena
ami require the attendance of wit
nesses and the production of books
and papers appertaining to the inves
tigation and to administer oaths to
such witnesses.
Political Relief, Assessments and
Activity.
Section 34. No person in the clas
sified service and seeking admission
thereto, shall be appointed, reduced or
removed, or in any way favored or
discriminated against because of poli
tical opinions or affiliations or religi
ous belief. No officer or employee
of the City shall directly or indirectly
solicit or receive, or be in any man
ner concerned in soliciting or receiv
ing any assessment, subscription, or
contribution for any political party or
political purpose whatever. No per
son holding position in the classified
service shall take any part in political
management or affairs or in political
campaigns further than to cast his
vote or express privately his opinion.
Violations and Penalties.
Section 35. The Civil Service
Board, subject to the approval of the
City Managers, shall by ordinance,
determine the penalties for the viola
tion of the Civil Service provisions of
this charter.
Salaries.
Section 36. The salaries of the
Civil Service Board and its employees
shall be determined by the City Man
agers. and a sufficient sum shall be
appropriated each year to carry out
the civil service provisions of this
charter, but in no event shall a mem
ber of said Civil Service Board, ex
cept the chief examiner, receive a
sum greater than $300.00 per annum.
Public Utilities.
Section 37. The City of Gaines
ville may acquire, construct, own,
lease, operate and regulate public util
ities in any manner not in conflict
with the general laws of this state:
and the City Managers may by proper
ordinance carry out the provisions of
this section.
City Managers May Grant Franchise.
Section 38. The City Managers
may at any of their regular monthly
meetings by ordinance grant permis
sion to any individual, company or
corporation to construct and operate a
public utility in. over or under the
streets ami public grounds of the city,
but not until the individual, company
or corporation seeking said franchise
has given notice by publication once
a week for three weeks in the news
paper in which the sheriff’s advertise
ments of Hall County are published,
of the purpose to apply for said fran
chise. the full nature of the franchise,
the term for which it Is to run. the
capital to be employed in the enter
prise and the consideration offered the
city in payment for the franchis -. and
the date of the meeting of the City
Managers at which such application
is to be made. And before any ordi
nance is passed granting such fran
chise there shall be given ample op
portunity to any citizen desiring to be
heard, either for or against the fran
chise. to present his views to the City
Managers, either orally or in writ
ing. No franchise shall be consid
ered an emergency measure, nor shaU
any franchise be granted for a period
greater than fifty years.
Renewals.
Section 39. The City Managers
may. by ordinance, renew any grant
for the construction or operation of
any utility, at its expiration subject to
the provisions in the preceding sec
tion.
Time of Renewal.
Section 40. No franchise shall be
renewed before one year prior to its
expiration.
Conditions.
Section 41. The City Managere
shall in any ordinance granting or re-
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