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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- (Continued on Next Page)