| 3 | 3 | | By: Representative Stinson of the 150 |
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| 4 | 4 | | th |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend an Act to create a new charter for the City of Oglethorpe, approved March 11, |
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| 9 | 9 | | 1 |
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| 10 | 10 | | 1975 (Ga. L. 1975, p. 2630), as amended, so as to revise provisions relating to certain2 |
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| 11 | 11 | | hearings of the governing authority; to revise provisions related to the powers of the mayor3 |
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| 12 | 12 | | pro tem; to revise provisions related to filling vacancies on the mayor and council; to update4 |
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| 13 | 13 | | provisions related to the municipal court; to provide for related matters; to provide for an5 |
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| 14 | 14 | | effective date; to repeal conflicting laws; and for other purposes.6 |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 16 | 16 | | SECTION 1.8 |
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| 17 | 17 | | An Act providing a new charter for the City of Oglethorpe, approved March 11, 1975 (Ga.9 |
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| 18 | 18 | | L. 1975, p. 2630), as amended, is amended by adding a new section to read as follows:10 |
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| 19 | 19 | | "SECTION 1.04.5.11 |
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| 20 | 20 | | Public hearings for zoning decisions shall be held consistent with the 'Zoning Procedures12 |
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| 21 | 21 | | Law,' Chapter 66 of Title 36 of the O.C.G.A."13 |
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| 22 | 22 | | H. B. 789 |
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| 24 | 24 | | SECTION 2. |
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| 25 | 25 | | 14 |
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| 26 | 26 | | Said Act is further amended by revising Section 2.04 and Section 2.05 as follows:15 |
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| 27 | 27 | | "SECTION 2.04.16 |
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| 28 | 28 | | Mayor pro tem.17 |
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| 29 | 29 | | The council, at the first regular meeting after the newly elected councilmen have taken18 |
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| 30 | 30 | | office following each election, shall elect from its membership a mayor pro tem who shall19 |
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| 31 | 31 | | serve for a term of one year. In the event that no decision is reached at such first regular20 |
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| 32 | 32 | | meeting, the council shall elect the mayor pro tem within ten days following such meeting;21 |
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| 33 | 33 | | otherwise the councilmember who received the highest number of votes when he was last22 |
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| 34 | 34 | | elected shall become the mayor pro tem. The mayor pro tem shall perform the duties of23 |
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| 35 | 35 | | the mayor during the mayor's absence or inability to act, and shall fill any unexpired term24 |
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| 36 | 36 | | in the office of the mayor, in which case a new mayor pro tem shall be elected by majority25 |
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| 37 | 37 | | vote of the council. Except in the case where the mayor pro tem is filling the office of the26 |
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| 38 | 38 | | mayor due to the prior mayor's inability to act, the mayor pro tem shall not take any actions27 |
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| 39 | 39 | | on behalf of the city without the consent of the mayor.28 |
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| 40 | 40 | | SECTION 2.05.29 |
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| 41 | 41 | | Vacancy in office of mayor of councilmember.30 |
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| 42 | 42 | | A vacancy shall exist if the mayor or a councilman:31 |
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| 43 | 43 | | (1) Resigns, dies, or moves his or her residence from the city; 32 |
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| 44 | 44 | | (2) Is absent from four consecutive regular meetings of the governing authority, except33 |
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| 45 | 45 | | if granted a leave of absence by the council, or has been continuously disabled for a34 |
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| 46 | 46 | | period of six months so as to prevent him or her from discharging the duties of his or her35 |
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| 47 | 47 | | office; or36 |
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| 48 | 48 | | H. B. 789 |
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| 50 | 50 | | (3) If he or she is adjudged an incompetent or is convicted of malfeasance or misfeasance |
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| 51 | 51 | | 37 |
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| 52 | 52 | | in office, or felony, a violation of this Act or a violation of the election laws of the State.38 |
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| 53 | 53 | | The mayor and council shall appoint a qualified person to fill such a vacancy for the39 |
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| 54 | 54 | | remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken40 |
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| 55 | 55 | | for fifteen days, the mayor or mayor pro-tem in case of a vacancy in the office of mayor,41 |
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| 56 | 56 | | shall appoint a qualified person to fill the vacancy. At no time shall there be more than two42 |
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| 57 | 57 | | members so appointed holding office, and if a vacancy occurs with two members so43 |
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| 58 | 58 | | appointed on the council, a special election shall be held on the eighth Tuesday following44 |
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| 59 | 59 | | occurrence of the vacancy, at which election a mayor or councilman, as the case may be,45 |
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| 60 | 60 | | shall be elected to serve the remainder of the unexpired term of the vacant office, provided46 |
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| 61 | 61 | | that no such election shall be held if a regular annual election will occur within six47 |
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| 62 | 62 | | months."48 |
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| 63 | 63 | | SECTION 3.49 |
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| 64 | 64 | | Said Act is further amended by repealing and reserving Section 3.04, relating to the Mayor's50 |
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| 65 | 65 | | or recorder's court.51 |
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| 66 | 66 | | SECTION 4.52 |
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| 67 | 67 | | Said Act is further amended by adding a new article to read as follows:53 |
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| 68 | 68 | | "ARTICLE III-A54 |
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| 69 | 69 | | MUNICIPAL COURT55 |
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| 70 | 70 | | SECTION 3A.01.56 |
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| 71 | 71 | | Creation; name.57 |
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| 72 | 72 | | There shall be a court to be known as the Municipal Court of the City of Oglethorpe.58 |
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| 73 | 73 | | H. B. 789 |
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| 75 | 75 | | SECTION 3A.02. |
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| 76 | 76 | | 59 |
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| 77 | 77 | | Chief judge; other judges.60 |
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| 78 | 78 | | (a) The municipal court shall be presided over by a chief judge and such part-time,61 |
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| 79 | 79 | | full-time, or stand-by judges as shall be provided by ordinance.62 |
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| 80 | 80 | | (b) No person shall be qualified or eligible to serve as a judge on the municipal court63 |
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| 81 | 81 | | unless that person shall have attained the age of 21 years and shall possess all qualifications64 |
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| 82 | 82 | | required by law. All judges shall be appointed by the city council and shall serve until a65 |
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| 83 | 83 | | successor is appointed and qualified.66 |
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| 84 | 84 | | (c) Compensation of the judges shall be fixed by ordinance.67 |
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| 85 | 85 | | (d) Judges shall serve a term and may be removed as provided by general law.68 |
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| 86 | 86 | | (e) Before assuming office, each judge shall take an oath, given by the mayor, that the69 |
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| 87 | 87 | | judge will honestly and faithfully discharge the duties of the office to the best of that70 |
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| 88 | 88 | | person's ability and without fear, favor, or partiality. The oath shall be entered upon the71 |
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| 89 | 89 | | minutes of the city council.72 |
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| 90 | 90 | | SECTION 3A.03.73 |
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| 91 | 91 | | Convening.74 |
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| 92 | 92 | | The municipal court shall be convened at regular intervals as provided by ordinance.75 |
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| 93 | 93 | | SECTION 3A.04.76 |
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| 94 | 94 | | Jurisdiction; powers.77 |
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| 95 | 95 | | (a) The municipal court shall have jurisdiction and authority to try and punish violations78 |
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| 96 | 96 | | of this charter, all city ordinances, and such other violations as provided by law.79 |
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| 97 | 97 | | H. B. 789 |
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| 99 | 99 | | (b) The municipal court shall have authority to punish those in its presence for contempt, |
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| 100 | 100 | | 80 |
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| 101 | 101 | | provided that such punishment shall not exceed ten days in jail and a fine as authorized by81 |
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| 102 | 102 | | law.82 |
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| 103 | 103 | | (c) The municipal court may fix punishment for offenses within its jurisdiction not83 |
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| 104 | 104 | | exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and84 |
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| 105 | 105 | | imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as85 |
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| 106 | 106 | | now or hereafter provided by law.86 |
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| 107 | 107 | | (d) The municipal court shall have authority to establish a schedule of fees to defray the87 |
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| 108 | 108 | | cost of operation, and shall be entitled to reimbursement of the cost of meals,88 |
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| 109 | 109 | | transportation, and caretaking of prisoners bound over to superior courts for violations of89 |
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| 110 | 110 | | state law.90 |
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| 111 | 111 | | (e) The municipal court shall have authority to establish bail and recognizances to ensure91 |
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| 112 | 112 | | the presence of those charged with violations before said court, and shall have discretionary92 |
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| 113 | 113 | | authority to accept cash or personal or real property as surety for the appearance of persons93 |
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| 114 | 114 | | charged with violations. Whenever any person shall give bail for that person's appearance94 |
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| 115 | 115 | | and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge95 |
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| 116 | 116 | | presiding at such time, and an execution issued thereon by serving the defendant and the96 |
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| 117 | 117 | | defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In97 |
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| 118 | 118 | | the event that cash or property is accepted in lieu of bond for security for the appearance98 |
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| 119 | 119 | | of a defendant at trial, and if such defendant fails to appear at the time and place fixed for99 |
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| 120 | 120 | | trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or100 |
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| 121 | 121 | | the property so deposited shall have a lien against it for the value forfeited which lien shall101 |
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| 122 | 122 | | be enforceable in the same manner and to the same extent as a lien for city property taxes.102 |
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| 123 | 123 | | (f) The municipal court shall have the same authority as superior courts to compel the103 |
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| 124 | 124 | | production of evidence in the possession of any party; to enforce obedience to its orders,104 |
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| 125 | 125 | | judgments, and sentences; and to administer such oaths as are necessary.105 |
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| 126 | 126 | | H. B. 789 |
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| 128 | 128 | | (g) The municipal court may compel the presence of all parties necessary to a proper |
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| 129 | 129 | | 106 |
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| 130 | 130 | | disposal of each case by the issuance of summonses, subpoenas, and warrants which may107 |
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| 131 | 131 | | be served as executed by any officer as authorized by this charter or by law.108 |
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| 132 | 132 | | (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest109 |
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| 133 | 133 | | of persons charged with offenses against any ordinance of the city, and each judge of the110 |
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| 134 | 134 | | municipal court shall have the same authority as a magistrate of the state to issue warrants111 |
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| 135 | 135 | | for offenses against state laws committed within the city.112 |
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| 136 | 136 | | SECTION 3A.05.113 |
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| 137 | 137 | | Rules for court.114 |
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| 138 | 138 | | With the approval of the city council, the judge shall have full power and authority to make115 |
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| 139 | 139 | | reasonable rules and regulations necessary and proper to secure the efficient and successful116 |
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| 140 | 140 | | administration of the municipal court; provided, however, that the city council may adopt117 |
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| 141 | 141 | | in part or in toto the rules and regulations applicable to municipal courts. The rules and118 |
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| 142 | 142 | | regulations made or adopted shall be filed with the city clerk and shall be available for119 |
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| 143 | 143 | | public inspection.120 |
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| 144 | 144 | | SECTION 3A.06.121 |
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| 145 | 145 | | Petitions for review.122 |
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| 146 | 146 | | The right to seek petitions for review from the decision and judgment of the municipal123 |
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| 147 | 147 | | court shall exist in all criminal cases and ordinance violation cases, and such petitions shall124 |
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| 148 | 148 | | be made to the Superior Court of Macon County under the laws of the State of Georgia125 |
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| 149 | 149 | | regulating appeals to the superior courts."126 |
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| 150 | 150 | | H. B. 789 |
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