Atlanta › Charter and Related Laws — Part I
Chapter 2 — Legislative
§ 2-101
Composition; term of office.
Effective with the regular municipal elections of November, 1997, the qualified electors of the city shall elect 15 representatives, in accordance with the provisions of this Charter, to serve as a city council. Twelve representatives shall be elected from 12 individual council districts apportioned in accordance with the provisions of this Charter. Three representatives shall be elected at-large and shall represent residency posts as follows: Post 1 which shall consist of contiguous Council Districts 1 through 4; Post 2 which shall consist of contiguous Council Districts 5 through 8; and Post 3 which shall consist of contiguous Council Districts 9 through 12. Atlarge representatives must be residents of the residency posts from which they are elected. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-102
Qualifications.
(a)To qualify for election as a councilmember, a person:
(1)Must be at least 18 years of age;
(2)Must be a resident of the city and of the council district from which he or she seeks to qualify for at least one year immediately preceding the date of his or her filing of notice of candidacy to seek office;
(3)Must be a qualified elector of the city; and
(4)Must not be an employee of the city.
(b)To hold office as a councilmember, a person:
(1)Must continue to possess the qualifications prescribed in subsection (a) of this section;
(2)Must, if elected from one council district or residency post, continue to reside in the same council district or post from which elected; and
(3)Must not hold any other elective public office.
(c)The one-year residency requirement as provided in subparagraph (a)(2) herein shall not be applicable to persons seeking election to the council if this Charter is amended by the General Assembly reapportioning council districts of the city. Under such circumstances, persons seeking election to the council must have been a resident of the city and the council district from which he or she seeks to qualify for at least six months.
(d)The council shall be the judge of the qualifications of its members.
(e)Whenever the terms "reside", "residence", or "residency" appear in this section, the same shall be interpreted to mean his or her domicile. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2000-14, § 1, 3-15-00)
CHAPTER 2. PRESIDENT OF THE COUNCIL
§ 2-201
Election; term.
The president of the council shall be elected from the city at-large for a term of four years commencing on the first Monday in January after each regular municipal election as provided in this Charter and shall serve until his or her successor has taken office. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-202
Qualifications.
(a)To qualify for election as president of the council, a person:
(1)Must be at least 18 years of age;
(2)Must be a resident of the city for at least one year immediately preceding the date of his or her filing of notice of candidacy to seek office;
(3)Must be a qualified elector of the city; and
(4)Must not be an employee of the city.
(b)To hold office as president of the council, a person:
(1)Must continue to possess the qualifications prescribed in section 2-202(a); and
(2)Must not hold any elective public office. (1996 Ga. L. (Act No. 1019), p. 4469)
(5)Shall be authorized to compel the attendance of councilmembers by subpoena, subject to the rules of council;
(6)Shall have such further powers and perform such other duties consistent with law as may be provided by ordinance or resolution of council; and
(7)May speak to any pending matter before the council but shall not introduce ordinances or resolutions.
(b)If the president speaks to a matter pending before the council, the president shall temporarily relinquish his or her role as presiding officer to the president pro tempore while speaking to such matter.
(c)If the president of the council exercises the powers and discharges the duties of the mayor as provided in subsection (a) herein, he or she shall note exercise any of the powers and duties enumerated herein. (1996 Ga. L. (Act No. 1019), p. 4469)
CHAPTER 3. ORGANIZATION, RULES, OFFICERS AND EMPLOYEES
See. 2-301. Organizational meeting; oath of office; mandatory training.
(a)Organizational meeting. The council shall meet for organization in the council chamber, or any other designated public place, on the first Monday in January following each regular election, or, if such Monday is a legal holiday, then on the next following day not a legal holiday.
(b)Oath of office. At such organizational meeting, the mayor, president of the council, and councilmembers shall take and subscribe before a judge of the superior court, or any official authorized to administer oaths, the following oath of office: "I do solemnly swear (or affirm) that I will faithfully discharge the duties of the [mayor, president of the council, councilmember] City Council of the City of Atlanta, Georgia. I will not knowingly permit my vote to be influenced by fear, favor, affection, or reward, and in all things pertaining to my office. I will be governed by the public good and the interests of the City. I will observe the provisions of the Charter, ordinances, and regulations of the City of Atlanta, and I will support and defend the Constitutions of the State of Georgia and the United States of America. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia; I am not the holder of any unaccounted-for public money due this state or any political subdivision or authority thereof; I have been a resident of the City of Atlanta [and Council District] and am otherwise qualified to hold this office by the Constitution and laws of this State and the Charter and ordinances of the City of Atlanta, so help me God."
(c)Mandatory training. The mayor, president of the council, and councilmembers shall, following each regular Municipal General Election or such election held in place thereof, attend a mandatory training session that shall include, but not be limited to, matters of campaign and financial disclosure requirements, standards of conduct, ethics code and the legislative process.
(1)The Municipal Clerk, shall hold, or cause to be held, a training session for all current and newly elected city of Atlanta officials that shall include, but not be limited to, matters of campaign and financial disclosure requirements, standards of conduct, ethics code, and the legislative process. Said training session shall be offered on two separate dates, but no later than July 1 of the year following each municipal general election or no later that 60 days following any election held in lieu thereof, and no later than 60 days following a Special Election held to fill a vacancy in office. Persons required to attend shall be present at the entirety of a session, or at a combination of the offered sessions whereby all training modules designated for the particular office held are covered. Attendance as noted shall be mandatory. Each official shall be required to sign an affidavit stating that he/she has completed training, with said affidavit to be certified by the Clerk or the Clerk's designee.
(2)Any official required to attend who has not completed the mandatory training by the end of the second available training session, shall be deemed non-compliant and shall be immediately fined $50.00. An additional $100.00 fine shall continuously be assessed each non-compliant official, every 30 days after the date of noncompliance in which an official has not paid the assessed fine or received a waiver and completed a makeup training session as outlined in subsections (c)(5) and (6) of this section.
(3)All payments of fines shall be paid to the City of Atlanta and shall be submitted to the Municipal Clerk, or designee who shall then record that the fine has been received and forward each payment to the Chief Financial Officer.
(4)Immediately following the second offered training session, and if necessary upon the assessment of further fines, the Municipal Clerk shall notify, by certified mail, each official who has not completed mandatory training that he or she is in noncompliance of the law and of the penalty thereby imposed. The Clerk shall simultaneously notify the Chief Financial Officer of the City, the President of Council and the Chairperson of the Committee on Council of any official's non-compliance. However, failure of receipt of such notification does not relieve the official of the obligation to attend the mandatory training and to pay the assessed fine.
(5)Any non-compliant official may submit, through the Chair of the Committee on Council, a written appeal to the Council requesting a waiver of the assessed fine. Supporting evidence of the reason(s) of his/her non-compliance must be presented in the appeal. If due cause is shown, the Council may adopt a resolution, by majority vote, to waive the fine.
(6)In all such cases, whether the assessed fine is paid or waived, any non-compliant official shall be required to attend a make-up training session scheduled by appointment with the Municipal Clerk. Such session may be provided through a videotaped session, but shall cover in its entirety all required training modules. The non-compliant official's signed affidavit of completion of training and the Clerk's or the Clerk's designee's certification of same, shall be required to avoid further assessments of fines. There shall be no waiver of training attendance granted under any circumstances.
(7)The Municipal Clerk shall develop, or cause to be developed, a manual detailing all of the above.
(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2002-55, §§ 1, 2, 6-20-02; Ord. No. 2005-86, § 1, 11-30-05; Ord. No. 2010-08(10-0-0313), §§ 1, 2, 3-9-10)
§ 2-203
Powers and duties; limitations.
(a)The president of the council:
(1)Shall preside at meetings of the council but shall not be a member of that body;
(2)Shall vote only in the case of a tie vote of the council;
(3)Shall appoint the members and chairpersons of such committees as may be established by the council pursuant to its rules, and fill vacancies therein, provided any such appointments shall be subject to rejection by a majority vote of the total membership of the council; and the president of the council shall not be a member of any said committees;
(4)Shall exercise all powers and discharge all duties of the mayor in the case of a vacancy in the office of mayor or during the disability of the mayor;
§ 2-302
Rules; quorum; voting.
(a)The council shall by ordinance adopt and publish rules to govern its proceedings and transaction of business consistent with the provisions of this Charter.
(b)A majority of the councilmembers, excluding the president, shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members. The council may by ordinance provide methods to compel the attendance of its members and to punish for the violation thereof.
(c)The affirmative vote of a majority of the councilmembers shall be required for the transaction of business and the passage of ordinances and resolutions, except as otherwise provided by law. Where no quorum can be assembled except by the filling of vacancies, a smaller number of members may transact business by a majority vote of members present to the extent necessary to fill such vacancies in the member-ship of the council as provided in this Charter and by law. Should the number of vacancies in the membership of the council be one-half or greater than its total membership, the remaining members of the council shall cause to be called a special election to fill such vacancies.
(d)No member of the council, or the president of the council, shall vote on matters involving the consideration of his or her own conduct, which would inure to his or her financial or personal interests, or which would be a conflict of interest as provided in Chapter 4 of Article 5 herein or by ordinance. Prior to the vote being taken, such member of council shall publicly state the nature of his or her interest in the matter from which he or she is abstaining from voting. Additionally, such member of the council shall disclose such interest in writing, via the submission of an electronic form prescribed by the board of ethics upon his or her recognition of said conflicts.
(e)No councilmember present at a meeting of a quorum of the city council shall abstain from voting for any reason other than those provided herein; this requirement shall not apply to meetings of council committees. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1999-37, § 1, 3-9-99; Ord. No. 2006-60, § 1, 9-13-06)
§ 2-303
Meetings.
(a)The rules of the council shall provide for the time and place of holding regular meetings, which shall be held at least twice each month on the first and third Monday with the exception of April, July and December. If such Monday is a legal holiday, then the meeting shall be held on the next day not a legal holiday. For good cause shown, the council may reschedule a regular Monday council meeting to another day, provided that notice pursuant to O.C.G.A. § 50-14-1 is given. The council shall be in recess during the first cycle of committee and council meetings in April and the second cycle of committee and council meetings in July and December of each year.
(b)Special meetings of the council may be called by the president of the council or mayor and shall be called by the president upon the written demand of at least seven members of the council. Notice of any special meeting shall be made as provided by Code Section 50-14-1 of the O.C.G.A., as now or hereafter amended. No business may be transacted at such special meeting other than that specified in the call and notice of such meeting.
(c)All meetings of the council and of the committees and of every agency, board, commission and authority, or similar body of the city, shall be public in the same manner and to the same extent as required by the Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as now or hereafter amended. Any person shall have access to the minutes and records thereof at reasonable times in the same manner and to the same extent as required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records, as now or hereafter amended.
(d)The council and its committees shall provide a reasonable opportunity for the public to be heard during its meetings. The council shall prescribe rules and regulations for the receipt of such comments from the public.
(e)The council shall hold one public hearing in conjunction with an annual budget hearing to receive comments from citizens concerning city services, notice of which shall be published in a newspaper of general circulation in the city at least seven days prior to the date set therefor. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1999-66, § 1, 9-30-99; Ord. No. 2001-38, § 1, 5-25-01; Ord. No. 2002-59, § 1, 7-9-02; Ord. No. 2006-18, § 1, 5-18-06; Ord. No. 2018-18(18-O1278), § 1, 6-13-18)
§ 2-304
Election of president pro tempore.
At its first regular meeting in January of each year, the council shall elect one of its members as president pro tempore who shall act as the presiding officer in the absence of the president of the council and, in case of disability of the president of the council or of vacancy in the office of the president of the council, shall exercise the powers and duties which remain in the president of the council under the provisions of this article. The president pro tempore shall not lose his or her rights as a member of the council during any temporary absence or disability of the president of the council. When the president pro tempore is serving during the temporary absence or disability of the president, he or she cannot also vote as the president of the council. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-305
Succession to offices of mayor and president of council.
The council shall by ordinance establish a line of succession to the offices of mayor and president of council beyond that specified in this Charter. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-306
Compensation and expenses of elected officials.
(a)The council may by ordinance change the annual salary of the mayor, the president of the council, or councilmembers, subject to the following conditions and requirements:
(1)Such action shall take into consideration any recommendation made by the Elected Officials Compensation Commission as provided in Chapter 7 of this article;
(2)No action to increase such salaries shall be taken until notice of intent to take the action has been published in a newspaper of general circulation designated as the legal organ in the county and in the city at least once a week for three consecutive weeks immediately preceding the week during which the action is taken;
(3)Any action to change such salaries shall not become effective until the date of commencement of the terms of the mayor, president of the council, and councilmembers elected at the next regular municipal election following such action;
(4)Such action shall not be taken during the period between the date when the candidates for election to the positions of mayor, president of the council, and councilmembers may first qualify as candidates and the date when the mayor, president of the council, and councilmembers take office following their election; and
(5)The amount established for each councilmember shall be the same.
(b)As used in this section, the words salary or compensation shall include any expense allowance or any form of payment or reimbursement of expenses, except reimbursement of expenses actually and necessarily incurred by the mayor, president of the council, or councilmember in carrying out his or her official duties. The council is authorized to provide by ordinance for the reimbursement of such actual and necessary expenses. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-307
Municipal clerk.
(a)There shall be a municipal clerk, who shall be appointed by the council and who shall not be a member thereof. To be eligible to occupy this position, the municipal clerk must be designated a certified municipal clerk by the Georgia Municipal Clerks and Finance Officers Association, or by an equivalent certifying agency from another state, or must receive such certification within one year following his or her appointment. The municipal clerk shall be appointed and removed at the pleasure of the council upon a majority vote of its membership. The municipal clerk need not be a resident of the city at the time of his or her appointment but shall establish residence in the city at the time of appointment and continue to reside in the city throughout such appointment.
(b)The municipal clerk shall be the custodian of the official seal and of all records and documents of the city which are not assigned to the custody of some other officer. The clerk, or his or her designee, shall keep the rules of the council and the minutes of the proceedings of the council, maintain a current and comprehensive index of all ordinances and resolutions, publish notice of ordinances proposed for adoption under rules prescribed by council or required by this Charter or law, and perform such other duties as may be assigned by this Charter or by ordinance.
(c)The municipal clerk shall be responsible to the council and shall perform the duties of his or her office under the direction and supervision of the president of the council and the committee designated by the council, acting through its chairperson. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2006-19, § 1, 5-18-06)
§ 2-308
Staff of council and president of the council.
(a)Staff of council. The council shall be authorized to employ such employees as may be necessary for the proper discharge of its functions. Adequate facilities and office space for such staff shall be provided for by the council.
(b)Staff of president of the council. The president of the council shall be authorized to employ such employees as may be necessary for the proper discharge of the functions of the office of president of the council. Adequate facilities and office space for such staff shall be provided.
(i)Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
City council assistant means any employee of the President other than a special or senior city council assistant and who is thereby not entitled to participate in the city's health and life insurance program, pension benefits or any other benefits. City council assistants shall be required to execute a release to the city acknowledging that any such employee is ineligible to participate in the life and health insurance program.
Senior city council assistant means an employee whose position has been created in section 114-476 and who thereby receives the same benefits afforded to regular city employees.
(ii)Number of assistants; salaries. The President shall be entitled to employ staff as deemed necessary. Each such employee shall be paid on an hourly or salary basis, as determined by the President, provided the aggregate compensation on behalf all such employees, including the cost of any benefits provided by the city, shall not exceed the total of the amount appropriated for such purpose plus any amount carried over from previous years.
(iii)Responsibilities of the president. The president shall be responsible to certify that funds expended for employee service in accordance with this section are expended for public purposes, such public purposes not to include any campaignconnected costs, and shall be responsible for establishing the professional standards, work program, wage rate, supervision, hiring and firing and work location of any employee.
(iv)Nepotism. No person shall be employed in such position where such person directly supervises or is directly supervised by a member of such person's immediate family. The term "immediate family" includes the spouse, domestic partner registered under section 94-133, mother, father, sister, brother, and natural or adopted children of an official or employee.
(v)Annual appropriations for salaries and benefits. The total amount shall be appropriated annually for the salaries and benefits of the assistants authorized in this section. The amount of annual appropriation shall be increased by the appropriate pro rata amount necessary to equal the average amount of any salary and associated benefit increases given to city employees in any given year. The Department of Finance shall fund health benefits for three (3) employees in the Health Insurance Contribution -Employee account (5111002) for each Council Office. This shall include health benefits for the elected official and two (2) employees. Any unused health benefits for employees shall be returned to the General Fund at the end of the Fiscal Year and shall not be accounted for in the Carry Forward True-Up.
(c)Director of council staff.
(1)The council shall appoint a director of council staff who shall not be a member thereof. The director of council staff shall be appointed and removed at the pleasure of the council upon a majority vote of its membership.
(2)The director of council staff shall supervise all research undertaken on behalf of the council and shall further supervise the provision of administrative support to hearings and meetings of committees and subcommittees of the council and shall perform such other duties as may be assigned by this Charter or by ordinance.
(3)The director of council staff shall be responsible to the council, and shall perform the duties of his or her office under the direction and supervision of the president of the council and the committee designated by the council, acting through its chairperson.
(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2002-47, § 1, 6-12-02; Ord. No. 2004-40, §§ 1, 2, 6-30-04; Ord. No. 2006-20, § 1, 5-18-06; Ord. No. 2006-54, § 1, 8-29-06; Ord. No. 2018-33(18-O1411), § 1, 8-29-18; Ord. No. 2023-23(23-O1271), § 1, 6-29-23)
CHAPTER 4. PROCEDURES OF COUNCIL
§ 2-401
Form of legislation.
Every official act of the council having the force and effect of law shall be by ordinance and shall begin with the words: "The City Council of the City of Atlanta, Georgia, hereby ordains..."
All other actions shall be by resolution or shall take such other form as prescribed by rules of the council. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-402
Introduction, consideration, passage, and publication of legislation.
(a)All proposed legislation must meet minimum standards to ensure that the public is able to adequately review and understand the intent and effect of the legislation. The minimum standards include a caption, at least one whereas clause, and at least one section which indicates the action proposed in said legislation.
(b)Every proposed ordinance and every amendment shall embrace one subject which shall be clearly expressed in its caption.
(c)No ordinance shall be passed and adopted until it has been read by title at two regular meetings not less than one week apart, except for emergency ordinances as provided in subsection (d) herein.
(d)To meet a public emergency threatening life, health, property, or public safety, the requirement herein for ordinances may be dispensed with, and the emergency ordinance may be passed and adopted on the same day of its introduction. The emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and contain a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment, or it may be rejected at the meeting at which it is introduced, but the affirmative vote of two-thirds of the members of the city council shall be required for adoption. Any emergency ordinance shall become effective upon adoption or at such later time as specified within the ordinance. Every emergency ordinance shall be automatically repealed on the sixteenth day following the date on which it was adopted; however, should the emergency still persist, this shall not prevent reenactment of the ordinance in the manner specified in this section. An emergency ordinance also may be repealed by adoption of a repealing ordinance in the same manner specified in this section for the adoption of emergency ordinances.
(e)The passage of all ordinances shall be contingent upon the recording in the minutes of council proceedings of the "ayes" and "nays" of each councilmember and the names of the members voting for and against each proposed ordinance or amendment, those abstaining, and those absent.
(f)Pursuant to Section 2-101 of this Charter, the membership of the Atlanta City Council shall consist of fifteen (15) representatives. The affirmative vote of a quorum of the City Council's total membership, which is eight (8) votes, shall be required for the passage of any ordinance, resolution, communication, or other city council legislation, or for action on any matter of parliamentary procedure, with the following exceptions: (i) where this Charter or Code of Ordinances requires a two-thirds (2/3) vote of the City Council, ten (10) votes shall be required to effectuate any such action; and (ii) in the event the total number of Councilmembers is reduced to less than eight (8) members, a quorum of the number of members remaining shall be required for the passage of the above-referenced legislative actions until such time as the total membership of the City Council is restored.
(g)Within seven days after any ordinance has been introduced, excluding emergency ordinances, the caption or title of every such ordinance, showing its general contents, shall be published and disseminated at least once in the following places and forums:
(1)At least one printed legible copy of such caption or title shall be made available for inspection by the public in the office of the municipal clerk;
(2)At least one electronic legible copy of such caption or title shall be published in readable form on the official city of Atlanta web site.
Copies of all ordinances shall be available for inspection and/or purchase by members of the public in the office of the municipal clerk in accordance with the provisions of the Georgia Open Records Act, as amended. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1996-45, § 1, 7-8-96; Ord. No. 2006-21, § 1, 5-18-06; Ord. No. 2009-02(08-O-2158), § 1, 1-1309; Ord. No. 2017-03(16-O-1660), § 1, 1-12-17)
§ 2-403
Submission to mayor; mayor's veto.
Every ordinance or resolution adopted by the council shall be signed by the president of the council, certified by the municipal clerk, and presented to the mayor's office within two calendar days following its adoption. The mayor shall approve or veto the ordinance or resolution within eight calendar days after adoption, and no ordinance or resolution shall become effective without the mayor's approval except as herein provided. If the mayor vetoes an ordinance or resolution, he or she shall within two business days of such veto return it to the council via the municipal clerk, accompanied by a written statement of the reasons for the veto. If the council shall pass the ordinance or resolution by a vote of two-thirds of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his or her approval; provided however, that if the mayor vetoes any ordinance or resolution adopted at the last council meeting in December of a year in which the City of Atlanta general election is held, the council shall call a special meeting to be held prior to December 31 of that year, to consider any such vetoed legislation. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without such approval. The mayor may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or resolution making an appropriation which is not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the council over the mayor's veto as provided herein with respect to the passage of a vetoed ordinance or resolution. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2006-22, § 1, 5-18-06; Ord. No. 2009-72(09-O1920), § 1, 12-15-09)
§ 2-404
Codes of technical regulations.
The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. A copy of each adopted code of technical regulations shall be made available by the municipal clerk for public inspection at any reasonable time or for purchase at a reasonable price. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-405
Codification and printing.
The council shall provide for the continuous updating, revision, codification, and printing of all ordinances of general application, copies of which shall be made available to the public at reasonable cost. The municipal clerk shall file any ordinances amending or revising the Charter as required by Code Section 36-35-3 of the O.C.G.A., as now or hereafter amended. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-406
Hearings and investigations.
(a)The council, or any committee composed entirely of councilmembers to which such power is specifically granted by the council, shall be authorized to conduct hearings and investigations of the operations and affairs of the city or of any office, department, or agency thereof, and for such purpose the council or said designated committee thereof shall have power to compel the attendance of witnesses by subpoena, administer oaths, take testimony, and require the production of documents and other evidence at any meeting thereof. The conduct of such proceedings shall be subject to such rules and regulations as the council may prescribe.
(b)If any person duly subpoenaed as a witness shall fail to appear or appearing refuse to testify or produce such books and papers, the council shall report such failure to any court of record or judge thereof, who may make such order as shall be proper as to the future appearance of the witness for the purpose of giving testimony and for the production of any such books and papers and who may, after due notice and opportunity to be heard, punish him or her for failure to comply therewith. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-407
Relegation of pending legislation.
(a)Following the general election, and on a quadrennial basis, all pending legislation held in committee will be automatically terminated at the end of the last city council meeting of December of that year, without any action by the city council and that the Municipal Clerk shall be authorized to file any legislation subject to this subsection. Any action required by legislation accomplished prior to December 31 of the quadrennial year shall be preserved including but not limited to the completion of required city applications, surveys or recorded appearances before City boards, commissions, or other committees; and that the same actions shall be accepted in satisfaction of applicable law, when any similar legislation is considered in subsequent years and where the legislation shall incorporate by reference those actions taken in accordance with this subsection.
(b)Except as provided in subsection (a), all pending legislation held in committee will be automatically terminated twelve (12) months from the date the Council or Council Committee votes to hold such legislation, without any action by the city council and that the Municipal Clerk shall be authorized to file any legislation subject to this subsection. Any action required by legislation accomplished prior to the passage of twelve (12) months shall be preserved, including but not limited to the completion of required city applications, surveys, or recorded appearances before City boards, commissions, or other committees; and that the same actions shall be accepted in satisfaction of applicable law, when any similar legislation is considered in subsequent years and where the legislation shall incorporate by reference those actions taken in accordance with this subsection. Legislation regarding amendments to the Charter or zoning matters held in committee are exempt from the annual termination required pursuant to this subsection. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2005-87, § 1, 11-30-05; Ord. No. 2018-64(18-O-1670), § 2, 12-12-18; Ord. No. 2019-62(19-O1608), § 2, 11-27-19; Ord. No. 2021-34(21-O0411), § 1, 8-11-21)
CHAPTER 5. INITIATIVE AND REFERENDUM
§ 2-501
Initiative and referendum.
(a)The council shall by ordinance prescribe procedures to govern the initiation, adoption, and repeal of ordinances by the electorate, and the council shall authorize an initiative or referendum election on petition of at least 15 percent of the registered voters qualified to vote in the preceding general municipal election.
(b)The council shall be authorized to submit to the qualified voters of the city at any election not called only for the purpose of putting said ordinance or resolution before the voters any ordinance or resolution which it may deem proper; and in the event a majority of voters shall vote for this ordinance or resolution, it shall be adopted. If a majority of the votes so cast are against the resolution or ordinance, it shall be defeated and shall not thereafter be adopted by the council until resubmitted to and adopted by the qualified voters of the city. If it receives a majority vote of the people and becomes effective, then it can only be repealed by a majority vote of the qualified voters voting at an election for such purpose. (1996 Ga. L. (Act No. 1019), p. 4469)
CHAPTER 6. CITY AUDITOR
§ 2-601
Selection; removal.
(a)There is hereby created the office of city auditor. The city auditor must be a certified internal auditor or a certified public accountant, demonstrating at least ten (10) years' experience in public financial and fiscal practices, performance and financial auditing, and municipal accounting. The city auditor shall be appointed by a majority of the members of the audit committee for a period of five (5) years, subject to confirmation by a majority of the council. Removal of the city auditor from office before the expira-tion of the designated term shall be for cause by a vote of two-thirds (2/3) of the members of city council.
(b)The city auditor need not be a resident of the city at the time of his or her appointment, but he or she shall reside in the city within six months of such appointment and continue to reside therein throughout such appointment.
(c)The city auditor shall not be involved in partisan political activities or the political affairs of the city. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2011-53(11-O-1494), § 1, 11-30-11; Ord. No. 201364(13-O-1298), § 1, 11-27-13)
§ 2-602
Appointment of assistance and employees.
(a)Pursuant to Chapter 114 of the Code of Ordinances and within the budget approval process and established personnel policies for all departments, the city auditor shall have the power to appoint, employ, and remove such assistants, employees, and personnel as he or she may deem necessary for the efficient and effective administration of the office. Neither the members of the council, the president of the council, nor the mayor shall in any manner dictate the appointment or removal of any such officer or employee whom the auditor is empowered to appoint.
(b)Neither the members of the council, the president of the council, nor the mayor shall in any manner attempt to influence or dictate the appointment or removal of any such officer or employee whom the auditor is empowered to appoint. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2013-64(13-O-1298), § 1, 11-27-13)
§ 2-603
Powers and duties.
The city auditor and city auditor's office shall be charged with the following duties and responsibilities:
(1)The conduct performance and financial audits of all departments, offices, boards, Supp. No. 91, Rev.
activities, and agencies of the city in order to independently determine whether:
a.Activities and programs being implemented have been authorized by the council, state law, or applicable federal law or regulations and are being conducted and funds expended in compliance with applicable laws;
b.The department, office, or agency is acquiring, managing, protecting, and using its resources, including public funds, personnel, property, equipment, and space, economically, efficiently, and effectively and in a manner consistent with the objectives intended by the authorizing entity or enabling legislation:
c.The organization, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices, such as inadequacies in management information systems, internal and administrative procedures, organization structure, use of resources, allocation of personnel, purchasing policies, and equipment;
d.The desired result or benefits are being achieved;
e.Financial and other reports are being provided that disclose fairly, accurately, and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities including the collection of, accounting for, and depositing of revenues and other resources;
f.Management has established adequate operating and administrative procedures and practices, systems, or accounting internal control systems and internal management controls: and
g.Indications of fraud, or abuse or illegal acts are present.
(2)To submit at the beginning of each fiscal year an audit schedule to the audit committee for review and comment. The schedule shall include the departments, offices, boards, activities, subcontractors, and agencies subject to audit for the period. This schedule may be amended during the period after review by the audit committee. Additionally, the city auditor may initiate and conduct any other audits deemed necessary;
(3)To submit an annual report to the council and mayor indicating audits completed, major findings, corrective actions taken by administrative managers, and significant findings which have not been fully addressed by management:
(4)To perform such other duties and responsibilities as provided for by this Charter or ordinance.
(5)The City auditor and the City auditor's office shall not conduct investigations. Where, during the conduct of an audit, conducted pursuant to this section, the City auditor determines there to be indications of the presence of fraud, abuse, or illegal acts, such determinations must be forwarded to the Office of the Inspector General for investigation in accordance with Article 8 of the City of Atlanta Charter.
(6)To conduct subsequent reviews of the implementation of the audit report recommendations, and to progress towards the implementation of audit recommendations to the mayor and council. To enable the subsequent review to be performed in accordance herewith:
a.Each city department, board, commission, or other office of the city audited by the city auditor shall submit quarterly progress reports Supp. No. 91, Rev.
to the city auditor concerning the implementation of audit report recommendations until all recommendations are reported as implemented or otherwise closed by the city auditor; and
b.Each city department, board, commission, or other office of the city audited by the city auditor shall submit documents and other information as appropriate to support implementation status, upon request of the city auditor.
(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2013-64(13-O-1298), § 1, 11-27-13; 2018-21(18-O1189), § 1, 6-27-18; Ord. No. 2019-17(18-O1769), § 1, 2-27-19; Ord. No. 2020-09(19-O1729), § 2, 2-6-20; Ord. No. 2022-13(22-O-1344), § 1, 6-15-22)
§ 2-604
Audit committee; established: powers and duties generally; compensation.
(a)To ensure independence of the audit function, an audit committee is hereby established. The audit committee is an independent management committee and not a public board, commission, or committee as specified in article 3 herein. The audit committee shall comprise five voting members who shall include the mayor's appointee, the president of council's appointee, and three at-large members appointed by the entire city council. Members shall be residents of the city and shall possess the independence, experience and collective technical expertise necessary to carry out the duties of the Audit Committee. This expertise includes but is not limited to knowledge of financial auditing, performance auditing, financial reporting and accounting. The minimum professional standards for all members shall include at least ten years of experience as a certified public accountant or as a certified internal auditor, or ten years of professional management experience in audit, finance, or law. At all times, at least one member shall be a certified public accountant. Members shall be appointed for four-year terms and until their successors have been appointed and quali-fied. The three at-large members of the Audit Committee arc limited to two full consecutive terms, with one term intervening before they become eligible for reappointment. Appointments shall be made so that not more than one term of office shall expire in any one year. Members of the committee shall select a chairperson from among its members yearly.
(b)The audit committee shall consult with the city auditor regarding technical issues and work to assure maximum coordination between the work of the city auditor's office and the needs of the council, the mayor, and departments and the coordination of external audit efforts.
(c)The audit committee shall meet as needed to perform its duties but shall not meet less than once quarterly and shall be responsible for:
(1)Providing general direction to the audit function by reviewing the auditor's annual audit plan and any proposed amendments thereto and submitting the plan and the committee's recommendations to the council;
(2)Reviewing and approving audit reports before the final audit report is issued:
(3)Sending copies of final audit reports to the mayor, president of the council, and members of the council;
(4)Performing an evaluation of the city auditor annually and reporting the results of the evaluation and effectiveness of the audit function annually to the council;
(5)Providing oversight of the external audit efforts and coverage, pursuant to Section 2-604(d); and
(6)Performing such other duties as provided for by an ordinance of the council.
(d)To assist the City Council in fulfilling the requirements of Charter section 6-308(a) and to the extent that services of an external auditor are otherwise necessary, the city shall employ such outside audit services according to the procedure set forth below:
(1)Every five years or at such regular intervals as determined by City Council, an independent public accounting and Supp. No. 91, Rev.
audit firm must be engaged by the City to conduct the City's annual external audit for a contractual period of up to five years.
(2)At the beginning of each competitive selection process, the Audit Committee is authorized to oversee the establishment of a written policy detailing the selection criteria for the financial auditor.
(3)The selection of the auditor must be through the use of a competitive process with a comprehensive request for proposals document. The audit committee shall provide guidance to the Department of Procurement in the preparation of the request for proposals, including criteria for selection.
(4)The written request for proposals to prospective financial auditors must include the criteria and weightings for the selection.
(5)The Audit Committee shall appoint an evaluation committee to review proposals in response to the financial auditor RFP. The evaluation committee shall be composed of at least three (3) members including the mayor's appointee, on the Audit Committee, the president of council's appointee on the audit committee, and one at-large appointee on the audit committee appointed by the City Council. At all times, at least one member shall be a certified public accountant.
(6)Each member of the evaluation committee shall assign points to each of the proponents based on a rating scale established by the audit committee. The evaluation committee shall recommend no more than three proponents to the audit committee based on the ratings of each member.
(7)The audit committee shall review the recommendations of the evaluation committee and make a final recommendation for selection of the City's financial auditor to the Finance/Executive Committee for consideration.
(8)Once the final recommendation for selection has been made to the Finance Executive Committee, for consideration, the selection is to be presented to the City Council for approval.
(e)Each member of the audit committee as established by section 2-604 of the Charter of the City of Atlanta who is not an elected official or employee of the City of Atlanta shall be paid $100.00 as compensation for each meeting of the board the member attends, but in no event shall the total amount paid to any member exceed the sum of $1000.00 in any one calendar year. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1999-40, § 1, 4-19-99; Ord. No. 2013-64(13-O1298), § 1, 11-27-13)
§ 2-605
Access to records and property.
(a)All city officers and employees shall allow the city auditor immediate access to any and all books, records, documents, personnel, processes (including meetings) and other requested information, including automated data, pertaining to the business of the city and within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business required to conduct an audit or other official duties. In addition, such officers and employees shall provide access for the auditor to inspect all property, equipment, and facilities within their custody. Further, all contracts with outside contractors, vendors and agencies shall include an audit clause to provide for the city auditor's access to all records, and those of their subcontractors, needed to verify compliance with the terms specified in the contract. The City Auditor shall not participate in any activity, decision or meeting that would impair independence of such auditor or violate applicable government auditing standards.
(b)The City Auditor shall not publicly disclose any information received during an audit that is considered confidential by nature by any local, state, or federal law or regulation.
(c)Any reports issued by the City Auditor shall be made available for public inspection or copying pursuant to the Georgia Open Records Act.
Supp. No. 91, Rev.
(d)In the event any city officer or employee shall fail to allow access to any requested information as required in this section, the City Council shall have the power to compel the production of said information by subpoena. If any person duly subpoenaed shall fail to allow access to said information, the City Council shall report such failure to any court of record or judge thereof, who may make such order as shall be proper as to the future production of any such information and who may, after due notice and opportunity to be heard, punish him or her for failure to comply therewith. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2007-27(07-O-0680), § 1, 6-4-07; Ord. No. 201364(13-O-1298), § 1, 11-27-13)
§ 2-606
Quality assurance reviews.
(a)The audit activities of the city auditor's office shall comply with the U.S. Comptroller General's Government Auditing Standards, including requirements for periodic external quality assurance reviews ("peer reviews"). A copy of the written report of the independent review shall be furnished to the council, president of the council, mayor, and members of the audit committee and made available to the public.
(b)The city shall provide for the cost of peer reviews from funds appropriated to the city auditor's budget or other in-kind support as appropriate. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2013-64(13-O-1298), § 1, 11-27-13)
§ 2-607
Funding of auditor's office.
The council shall provide funds necessary for the facilities, equipment, and staffing of the city auditor's office to carry out the responsibilities specified herein and by ordinance. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2013-64(13-O-1298), § 1, 11-27-13)
§ 2-608
Special audits.
The president of the council or members of council may request the city auditor to perform special audits or assignments of a limited scope intended to determine the accuracy of information provided to council, costs and consequences of recommendations made to the council, and other information concerning the performance of departments, offices, or agencies of the city. After consultation with the audit committee, a special audit requested by the president of the council or members of the council may become an amendment to the annual audit schedule. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2013-64(13-O-1298), § 1, 11-27-13)
CHAPTER 7. ELECTED OFFICIALS COMPENSATION COMMISSION
§ 2-701
Created.
There is hereby created an elected officials compensation commission which shall make recommendations regarding the salaries of the mayor, president of the council, councilmembers, and members of the Atlanta Board of Education. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-702
Composition; appointment; term of office; vacancies.
(a)Composition; appointment. The elected officials compensation commission shall consist of seven members with one member appointed by the mayor, one member appointed by the president of the council, two members appointed by the council, two members appointed by the board of education, and one member appointed by the Atlanta Planning and Advisory Board. Each member must be a qualified elector of the city at the time of his or her appointment and all times during the term of office. No member or employee of the executive, legislative, or judicial branch of the city or family members of any member or employee shall be eligible to be a member of the commission.
(b)Term of office. Except as provided herein, the term of office of each member shall be four years. The initial members shall be appointed within 30 days after the effective date of this Charter and shall serve until the regular municipal elections of November, 1997. Thereafter, each member shall be appointed to serve with a term of office expiring with the regular municipal elections.
Supp. No. 91, Rev.
(c)Vacancies. If a vacancy occurs before the expiration of a member's term, the vacancy shall be filled in the same manner as prescribed for the original appointment. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-703
Powers and duties.
At least one year prior to a regular municipal election, the commission shall recommend to the council and board of education the amount of compensation which it deems appropriate for the mayor, president of council, members of council, and members of the board of education. The amount recommended for each member of council or the board of education shall be the same; however, the amount recommended for the president of the council or the president of the board of education may exceed that of the members of the council or board of education. Any amount recommended shall be an amount which takes into account the nature of the office and which is commensurate with salaries then being paid for other public positions having similar duties, responsibilities, or obligations. No recommendations shall be made except upon the affirmative vote of four members of the commission. Recommendations, with supporting rationale, shall be made in writing. Prior to the submission of any recommendation to the council or board of education, the commission shall conduct at least one public hearing on the matter. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-704
Meetings; quorum; election of chairperson; compensation of members.
The elected officials compensation commission shall meet as needed every four years. A majority of the members of the commission shall constitute a quorum for conducting the business of the commission. The commission shall elect a chairperson from among its members. The members of the commission shall receive no compensation but shall be entitled to their actual and necessary expenses incurred in the performance of their duties. (1996 Ga. L. (Act No. 1019), p. 4469)
Supp. No. 91, Rev.
(2)Must be a resident of the city for at least one year immediately preceding the date of his or her filing of notice of candidacy to seek office;
(3)Must be a qualified elector of the city; and
(4)Must not be an employee of the city.
(b)To hold office as mayor, a person:
(1)Must continue to possess the qualifications prescribed in section 3-102(a); and
(2)Must not hold any other elective public office or hold any position of employment with the State of Georgia, any county thereof, or with the city.
(1996 Ga. L. (Act No. 1019), p. 4469)
§ 2-705
Assistance to commission. The council shall provide such assistance as
Section 2-705. Assistance to commission. The council shall provide such assistance as the commission shall reasonably require. (1996 Ga. L. (Act No. 1019), p. 4469)
ARTICLE 3. EXECUTIVE
CHAPTER 1. THE MAYOR