Atlanta › Charter and Related Laws — Part I

Chapter 3 — Executive

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§ 3-101

Election; term; limitation of term.

The mayor 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, and he or she shall serve until his or her successor has taken office. Any mayor who has been elected for two consecutive four-year terms under the provisions of this Charter shall not be eligible to be elected for the succeeding term. (1996 Ga. L. (Act No. 1019), p. 4469)

Section 3-102. Qualifications. (a) To qualify for election as mayor, a person: (1) Must be at least 18 years of age;

§ 3-103

Oath of office.

Before entering upon the duties of his or her office, the mayor shall take and subscribe to the oath as provided in section 2-301 of this Charter. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-104

Powers and duties.

The mayor shall be the chief executive officer of the city and he or she shall have the power and it shall be his or her duty to:

(1)Execute and enforce the provisions of this Charter, the ordinances of this city, and all other laws;

(2)Exercise supervision over all the administration of all departments of the city and delegate all or part of such supervision to the chief operating officer;

(3)Prepare periodically, but not less than annually, and submit to the council for approval a comprehensive development policy which shall consider the city's physical, economic and social aspects and state the goals and objectives of Atlanta and its citizens and the necessary recommendations, policies, plans, programs, and priorities for attaining them;

(4)Submit to council the recommended annual budget prepared by the appropriations committee as provided in section 6-302 in this Charter;

(5)Approve or veto proposed ordinances and resolutions as provided in this Charter;

(6)Convene special meetings of the council at his or her discretion;

(7)At his or her discretion, conduct studies and make investigations and reports to the council concerning the operations of departments, offices, and agencies of the city and require any department, board, commission, or agency under his or her jurisdiction to submit written reports and information;

(8)Prescribe, require, publish, and implement standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the city subject to his or her supervision and jurisdiction or delegate all or part of such responsibilities to the chief operating officer;

(9)Advise the council as to the financial condition, future needs, and general welfare of the city and make such recommendations to the council concerning the affairs of the city as he or she deems desirable;

(10)When authorized by the council, negotiate deeds, bonds, contracts, and other instruments and documents on behalf of the city and execute same after final approval by the council;

(11)Represent the city in affairs of intergovernmental relations, promote and improve the government of the city, encourage the growth of the city, and promote and develop the prosperity and social wellbeing of its people;

(12)At his or her discretion, initiate such administrative reorganization within city government as he or she may deem desirable and as provided in section 3-302(b);

(13)Perform such duties as may be required by law, and in his or her discretion perform such other duties as may be authorized by law;

(14)Purchase supplies, material, equipment and personal property of every type and description, and services for the rental, repair, or maintenance of equipment, machinery, and other city-owned property; provided, however, the purchase amount does not exceed $100,000.00, such purchases conform with the provisions within Chapter 4 of Article 6 herein and any purchasing and procurement ordinances of the city, and a duly enacted appropriation by the council authorizes expenditures for such purposes. Any award of contract not competitively procured in accordance with the Charter or ordinances of the city, or not awarded to the lowest bidder or offeror, shall be approved by the city council prior to an award;

(15)Prepare annually a plan for increasing the efficiency of city services based upon the findings and recommendations of the citizen's service planning review commission as provided in Chapter 7 of this article.

(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2007-01, § 1, 1-9-07; Ord. No. 2008-36(08-0 0818), § 1, 6-2-08)

Charter reference—Purchasing procedures, § 6-402(e). Cross reference—Signing contracts on behalf of the mayor, § 2-1140.

§ 3-105

Delegation of powers and duties; prohibition.

In no event shall the mayor delegate to the chief operating officer or any other appointed officer or employee the power to approve or veto ordinances or resolutions, convene meetings of the council, serve as acting mayor, remove the city attorney, chief financial officer, or chief operating officer, or amend budgets. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-106

Mayor's staff.

(a)The mayor may appoint such staff to aid in the discharge of the mayor's duties, including a chief of staff, as authorized by the council. The chief of staff shall have such duties as assigned by the mayor but shall not be assigned any supervisory or management duties outside of the mayor's office or duties which are inconsistent with the provisions of this Charter. Such persons shall serve at the pleasure of the mayor.

(b)Any person appointed chief of staff need not be a resident of the city at the time of his or her appointment but shall be a city resident during his or her appointment. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-107

Investigations of departments.

The mayor may conduct an investigation of any city department or office within the executive branch, hear and determine all charges affecting the work of the department under investigation or any of its employees, and administer oaths and affirmations at such hearings. For furtherance of such investigations, the mayor may issue subpoenas to compel the attendance of witnesses and the production of books, papers, vouchers, and other written instruments. If any person duly subpoenaed as a witness shall fail to appear or appearing refuse to testify or to produce such books and papers, the mayor shall report the failure of the witness to appear or refusal to testify or to produce books and papers 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)

CHAPTER 2. CHIEF OPERATING OFFICER

§ 3-201

Appointment; qualifications; residency; compensation; removal.

(a)Appointment. The mayor shall appoint, subject to the confirmation by a majority vote of the entire council, an officer whose title shall be "chief operating officer."

(b)Qualifications. The chief operating officer shall have a graduate or professional degree plus a minimum of ten years, or an undergraduate degree plus a minimum of 15 years, of progressively responsible administrative experience in the public or private section which has included responsibility for supervising a large scale service delivery program with a substantial budget. The qualifications herein may be waived by the city council upon a three-fourths' vote of its membership.

(c)Residency. The chief operating officer need not be a resident of the city or of the State of Georgia at the time of his or her appointment but shall reside in the city throughout his or her appointment.

(d)Compensation. The chief operating officer shall receive such compensation as fixed by the council.

(e)Removal. The chief operating office [officer] shall hold office at the pleasure of the mayor and may be dismissed by the mayor without the approval of the council. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-202

Powers and duties.

The chief operating officer shall have the following powers and duties:

(1)To the extent delegated by the mayor, to exercise supervision over all activities of city departments and the boards and commissions connected with such departments and be the contact officer between the mayor and such departments, boards, and commissions;

(2)To make periodic reports with such recommendations to the mayor regarding the activities of the various departments, bureaus, boards, commissions, authorities, and other agencies of the city under his or her jurisdiction and make or cause to be made investigations and studies of the organization and procedures thereof and to require such reports therefrom as deemed necessary;

(3)To provide liaison, coordination, and communications between and among city de-partments and agencies and the various agencies of the federal, state, and local governments and other public and private agencies concerning the affairs of the city;

(4)To provide direction on participation in federal and state grant-in-aid programs, monitoring and evaluation of grant contract programs, and communication of program policies and priorities;

(5)To conduct research and make information available to the mayor, council, and the various departments, offices, and agencies of the city;

(6)To attend meetings of the council and its committees and to make available such information as may be requested; and

(7)To perform all other duties as required by this Charter or lawfully delegated to him or her by the mayor.

(1996 Ga. L. (Act No. 1019), p. 4469)

CHAPTERS. CITY DEPARTMENTS

§ 3-301

General.

(d)Compensation. The chief operating officer shall receive such compensation as fixed by the council.

Section 3-202. Powers and duties.

The chief operating officer shall have the following powers and duties:

(3)To provide liaison, coordination, and communications between and among city departments and agencies and the various agencies of the federal, state, and local governments and other public and private agencies concerning the affairs of the city;

(4)To provide direction on participation in federal and state grant-in-aid programs, monitoring and evaluation of grant contract programs, and communication of program policies and priorities;

(5)To conduct research and make information available to the mayor, council, and the various departments, offices, and agencies of the city;

(6)To attend meetings of the council and its committees and to make available such information as may be requested; and

(7)To perform all other duties as required by this Charter or lawfully delegated to him or her by the mayor.

(1996 Ga. L. (Act No. 1019), p. 4469)

CHAPTER 3. CITY DEPARTMENTS

Section 3-301. General.

(a)Except where another meaning is clearly intended, the word "department" in this Charter shall mean any agency in the executive and administrative branch of the city government. The departments of the city shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein.

(b)The operations and responsibilities of such departments shall be distributed accordingly: that the first degree of organization shall be department; that the second degree of organization shall be office; that the third degree of organization shall be division, that the fourth degree of organization shall be bureau. The assignment of organizational structure shall be accomplished by the administrative branch of government and shall be published to the governing body through a communication that shall set forth the organizational structure of each department. The departments shall consist of such officers, employees, and positions as may be authorized by ordinance.

(c)There shall be a commissioner of each department who shall be the principal officer thereof. Each commissioner shall be responsible for the administration and direction of the affairs and operations of his or her department and shall exercise general management and control thereof.

(d)Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for original appointments.

(e)The commissioners of departments and other appointed officers shall be appointed solely on the basis of their respective executive, administrative, and professional qualifications which shall be prescribed by ordinance.

(f)The compensation of appointed officers and directors of departments shall be fixed by the council.

(g)The mayor may initiate or create additional departments, or propose the abolishment of departments, subject to the provisions of this Charter and approval by the council. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1998-6, § 1, 2-23-98; Ord. No. 2005-83, § 1, 11-22 05)

§ 3-302

Administrative reorganization.

(a)The mayor, as chief executive of the city, is hereby empowered, subject to any limitations of this Charter, to initiate, direct, and implement the reorganization of any department.

(b)The mayor shall prepare and sign a plan of reorganization of any department or departments and shall submit such plan to the council. Any plan presented shall be in the form of a proposed ordinance and the council shall by majority vote approve, modify, or reject any such plan within 60 days of its submission to the council. No reorganization shall become effective until the council has acted or 60 days have elapsed from the date of submission, whichever first occurs. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-303

City attorney.

(a)Appointment; removal. There shall be a city attorney who shall be appointed by the mayor subject to confirmation by a majority vote of the city council. The city attorney may be removed at the pleasure of the mayor or the city council by a three-fourths' vote of its membership.

(b)Qualifications. The city attorney shall be an active member of the State Bar of Georgia in good standing and shall have at least ten years' experience in the active practice of law immediately preceding his or her appointment. The number of years' experience herein may be waived by the city council upon a three-fourths' vote of its membership.

(c)Residency. During his or her appointment, the city attorney shall be a resident of the City of Atlanta.

(d)Duties. The city attorney shall serve as the chief legal advisor of the city and shall be the director of the department of law. He or she shall perform such duties as prescribed by this Charter, ordinance, or law.

(e)Prohibited activities. The city attorney and all full-time assistants shall not engage in the private practice of law.

(f)The city attorney shall be responsible to the mayor and to the city council. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1996-53, § 1, 7-10-96)

§ 3-304

Chief financial officer.

(a)Appointment; removal. There shall be a chief financial officer who shall be appointed by the mayor, subject to the confirmation by a majority vote of the city council. The chief financial officer may be removed at the pleasure of the mayor or by the city council upon a three-fourths' vote of its membership.

(b)Qualifications. The chief financial officer shall have at least ten years' experience in the management of fiscal operations or public finance and proven administrative ability or have served at least ten years as a comptroller or financial head of a business with a substantial budget. The number of years' experience herein may be waived by the city council upon a three-fourths' vote of its membership.

(c)Residency. During his or her appointment, the chief financial officer shall be a resident of the city.

(d)Duties. The chief financial officer shall be the director of the department of finance and shall perform such duties as shall be provided by this Charter or by ordinance or resolution or required by law.

(e)The chief financial officer shall be responsible to the mayor and to the city council.

(f)Quarterly report. The chief financial officer shall prepare a quarterly report on the budget status and economic trends in conjunction with the budget office. In addition, the third quarter report shall include revenue and expenditure projections through the end of the fiscal year so that projected overruns and underruns can be considered for use in the subsequent budget year. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1996-53, §2, 7-10-96; Ord. No. 2009-43(09-O1105), § 1, 7-29-09)

§ 3-305

Commissioners of departments—Appointment; removal; residency; appointment of other city employees.

(a)Appointment; removal. The mayor shall appoint all commissioners of departments, subject to confirmation by a majority of the city council. As used in this section, "commissioner" means the administrative head of each department regardless of the title of a particular department head. Commissioners may be removed at the pleasure of the mayor.

(b)Residency. A commissioner, deputy commissioner, or bureau administrator of a department need not be a resident of the city at the time of his or her appointment but shall reside in the city throughout such appointment.

(c)Appointment and removal of other employees. Commissioners of departments shall have the power and duty to appoint and remove deputy commissioners and bureau administra-tors. A deputy commissioner or bureau administrator may be removed by a commissioner. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1998-6, § 1, 2-23-98)

CHAPTER 4. BOARDS, AUTHORITIES, COMMISSIONS, AND OTHER SIMILAR BODIES

§ 3-401

General.

I.Purpose and definitions. As related to corporate, municipal, governmental, or public purposes and for the security, peace, health, and good government of the city, boards, authorities, commissions, committees, or other similar bodies may be created in the City to perform duties including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to City functions or needed ordinances and resolutions.

The City, by action of the Mayor, Council President or City Council, may also appoint individuals to serve on other government(s)' behalf of the City.

All boards, authorities, commissions, etc. having City representation, whether created or appointed to by the City, are collectively and colloquially called BACEs and are defined as follows:

•Agency: An organization created and established to provide a particular service, typically one that involves organizing transactions on behalf of or between the City and other parties.

•Authority: An organization, having lawful delegation of power, that may exercise legal actions in a particular political or administration sphere. Powers are granted or authorized by federal or state laws or acts. Authorities are created and established by federal or state law, ordinance, or resolution of the City Council, pursuant to federal or state directives and/or requirements.

•Board: A group of persons having advisory, investigative, or managerial powers. Boards are created and established by ordinance of the City Council.

•Commission: A group of persons brought together to provide investigative and decision-making functions to perform certain acts and duties; to report results to the City Council or to exercise quasi-judicial authority and making rulings on behalf of the City. Commissions are created and established by ordinance of the City Council.

•Community Improvement District: An association of property owners in a defined, geographical area identified as a "Community Improvement District" (CID) that provides for taxes, fees, assessments, and debt of the CID in order to fund improvements within the district's boundaries. Powers are granted by state acts. CIDs are created and established by ordinance or resolution of the City Council, pursuant to directives and/or requirements of the state act.

•Committee: A group of persons having investigative, review, and advisory roles regarding City ordinances or specific functions. Committees are created and established by ordinance or resolution of the City Council.

•Task Force: A group of persons that study a particular subject or work on an issue, such as determining ways to honor someone, and make resulting recommendations to the City Council regarding further actions by Council to achieve a definitive objective. Task Forces are created and established by resolution of the City Council and are often temporary in nature and will cease to exist upon completion of its charge as given by the City Council.

•Hearing Officers: Individual(s) appointed to serve in a quasi-judicial role regarding specific review matters and having independent responsibility to exercise quasi-judicial authority and make rulings on behalf of the city.

II. Creation, termination, and the establishment of a quorum.

(a)As it relates to the creation of BACEs:

(1)The City Council shall have the authority to create and provide for the composition and functions of such boards, authorities, commissions, etc. (BACEs) their periods of existence, and for the compensation or non-compensation of their members and employees, in whole or in part. The council shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to such BACEs to provide for their operation, either in whole or in part.

(2)The Mayor may initiate the creation of BACEs subject to the approval of the council.

(3)Federal or State laws or acts may create by general law or authorize the creation of a BACE by the City Council via ordinance or resolution. Any BACE which derives its powers from general law shall continue to exercise such powers.

(4)All ordinances or resolutions which create a BACE shall contain the following criteria for its establishment: its purpose and type as defined in I. Purpose and Definitions; what City department shall provide staffing, administrative support, and/or City advisement and connectivity; its composition; whether appointments will require confirmation by the City Council or not; its duration; the frequency in which the BACE shall meet; and its anticipated termination (sunset) date.

(b)As it relates to the termination (sunset) of BACEs:

(1)Any BACE, not codified within the Atlanta City Charter and Related Laws, and Code of Ordinances, that fails to establish a quorum within 90 days after adoption of authorizing ordinance or resolution, or who fails to meet within 60 days of establishing a quorum of members, shall be terminated (sunset) by the Municipal Clerk without authorization from the City Council; but with notice of such terminations being provided by the Clerk to the Mayor, Council President, all members of Council, any other identified appointing entities, and any appointees to the BACE whose appointment was made within the 90 day period. Prior to termination (sunset), the Municipal Clerk shall provide a thirty (30) day notice to the sponsor of the legislation to establish the BACE and the BACE chair or designated BACE contact person to inform them of the potential termination (sunset). The BACE will then be terminated (sunset) upon inaction of the sponsor of the legislation to establish the BACE following the 30-day notification.

(2)The Council Staff Director, or his or her designee within the Council's Office of Research and Policy, shall periodically, but not less than once every two years, review all BACEs to determine if the purpose for which the BACE was created has been fulfilled and whether termination (sunsetting) is necessary. If so determined, an ordinance or resolution shall be drafted by the Council Staff Director, or his or her designee, for presentation to City Council via the committee of purview over said BACE.

(3)On behalf of the Chair of the Committee on Council, the Council Staff Director, or his or her designee within the Council's Office of Research and Policy shall periodically, but not less than once every two years, review all BACEs to identify which BACE's have not met, achieved quorum or otherwise undertaken any official actions for a period no less than two years. Any identified BACE's shall be terminated via ordinance or resolution for presentation to City Council via Committee on Council.

(4)BACEs that terminate (sunset) as provided in this subsection shall be reestablished only by ordinance or resolution of the City Council.

(c)As it relates to the establishment of a quorum:

(1)Unless otherwise specified, 50%-plus-one members of the BACE shall constitute a quorum required to convene a meeting. However, in the event that multiple positions are vacant, a quorum shall consist of 50%-plus-one of the existing members until the vacancy(ies) has been filled.

(2)Whenever a quorum is not achieved, the BACE may receive reports, information, and/or presentations, but cannot take official action. When a quorum is achieved, the minimum requirement for BACE action shall be the affirmative vote of the majority of the number of members constituting a quorum. Such number of votes shall be considered a "majority vote" of the BACE. Official action by the BACE shall only be by majority vote of the trustees once a quorum is achieved.

III. Membership.

(a)Upon appointment to a BACE and confirmation by the City Council, each new member shall be informed of the confirmation of his or her appointment by the Municipal Clerk via e-mail to the address provided by the appointee within his/her completed and signed BACE information form; with a copy of such communication sent by the Clerk to the BACE chair and/or designated BACE contact person.

(b)No new member of any BACE shall assume office, nor any existing member continue in office until he or she has executed and filed with the municipal clerk an oath or affirmation obligating himself or herself to faithfully and impartially perform the duties of his or her office, with such oath or affirmation being as prescribed by Section 2-1851 of the City Code of Ordinances and administered by the mayor or the municipal clerk.

(c)Each new member of a BACE shall be contacted and invited to his or her first meeting by the BACE chair or designated BACE contact person, and be provided copies of bylaws, governing structures and/or mission statements by same.

(d)Any member of a BACE serving an expired term may continue to serve until he or she is re-appointed or until a successor is appointed.

(e)Any member of a BACE created by the City Council may be removed from office for cause by a majority vote of the Council.

(f)For ethics disclosure requirements for BACE members, see Chapter 2, Article VIII, Division 2, Section 2-814, (b), 21 and 22.

IV. Responsibilities, duties and procedures.

(a)The BACE.

(1)Designated BACEs shall establish bylaws or governing structures not inconsistent with any applicable federal or state law, this City's Charter, this City's Code of Ordinances, nor any ordinance or resolution of the City Council, as it deems appropriate and necessary for the conduct of its affairs. Any such bylaws must be written in the form of the City template on file with the Municipal Clerk and shall be vetted by the City Attorney, or designee, prior to filing with the Municipal Clerk. Bylaws must be completed and filed within 90 days of the BACE establishing a quorum.

BACEs required to establish bylaws or governing structures generally are:

•Any BACE created and established pursuant to federal or state law and authority; and

•Any BACE with an expected longterm duration.

(2)BACEs not required to establish bylaws or governing structures must prepare a mission statement, copies of which shall be filed with the municipal clerk. Such mission statement must be written in the form of the City template on file with the Municipal Clerk and shall be vetted by the City Attorney or designee prior to filing with the Municipal Clerk. Mission statements must be completed and filed within 60 days of establishing a quorum.

BACEs required to prepare a mission statement generally are:

•Any BACE to honor a person;

•Any BACE with an expected shortterm duration; and

•All Task Forces.

(3)The Municipal Clerk shall be notified of any changes to bylaws, governing structures, or mission statements. Revised bylaws, governing structures, or mission statements shall be vetted by the City Attorney, or designee, and filed Municipal Clerk.

(4)BACEs having financial responsibilities (and their members and employees) shall comply with the budgetary procedures of the City as provided in this Charter.

(b)Appointing Authorities.

(1)Any vacancy in office of any member of a BACE shall be filled according to the appointing requirements for that now vacant seat.

(2)Each appointing authority is to provide, to all nominated appointees, any pertinent information regarding the BACE to be appointed to and a BACE information form to be completed, signed, and returned to the appointing authority by the nominee.

(3)Each appointing authority is to submit to the Municipal Clerk an appointment letter for each new appointee addressed to the City Council President and all Members, whether requiring Council confirmation or being submitted for information purposes only. A copy of the appointee's resume or bio and the appointee's completed and signed BACE information form should be attached to the appointment letter.

(4)Each appointing authority is to submit to the Municipal Clerk each re-appoint-ment letter to City Council, whether requiring Council confirmation or being submitted for information purposes only, an updated copy of the appointee's resume or bio, an appointee completed and signed BACE information form, and a copy of the appointee's attendance record during his or her term(s) of office.

(c)Chairs or Designated Contact Persons.

(1)For each BACE, there shall be a City Department identified by City Council resolution or ordinance which shall provide City staffing, administrative support, and/or City advisement and connectivity. Said Department shall provide to the Municipal Clerk all necessary recordkeeping information regarding the BACE's purpose; the membership list; any existing by-laws, governing structures or mission statements. It shall be the responsibility of the BACE chair or designated BACE contact person to update the Municipal Clerk of changes to any of these by December 1 annually.

(2)The BACE chair or designated BACE contact person shall prepare and provide to the Municipal Clerk an annual report outlining activities and accomplishments via annual submission no later than December 1.

(3)The BACE chair or designated BACE contact person shall keep an attendance record of every meeting for each member and submit to the Municipal Clerk following each meeting. A comprehensive attendance report of every meeting for each member should be submitted to the Municipal Clerk by December 1 annually.

(4)The BACE chair or designated BACE contact person shall provide to the municipal clerk a newly completed and signed BACE information form, or a signed statement indicating that there are no changes to the form currently on file in the Office of the Municipal Clerk for each member by December 1 annually.

(5)The chair or designated BACE contact person shall promptly notify the Municipal Clerk of any membership vacancies, resignations, excessive absences, noshows, tardiness, or failure to perform. The Clerk, shall then accordingly notify the designated appointing authority.

(d)Recordkeeping.

(1)The Municipal Clerk shall serve as the point of contact between each BACEs chair or designated contact person for purposes of receiving, managing, storing and retrieving BACE records.

(2)The Municipal Clerk shall maintain a record of all BACEs and appointees thereto.

(e)Employees.

(1)All regular, full-time employees of BACEs which have been previously created or hereafter created by the City Council shall be considered to be employees of the City. Such employees shall be entitled to all of the benefits and privileges as are other employees of the City and shall be subject to all laws, ordinances and resolutions governing employees of the City except as otherwise specifically prescribed in the City's Code of Ordinances. Such employees shall be within the unclassified service of the civil service unless the council shall provide by ordinance for other terms and conditions of employment and personnel matters relating to such employees. No member of a BACE shall be deemed an employee of the City under the provisions of this subsection.

Employees of any BACE having financial responsibilities shall comply with the budgetary procedures of the City as provided in this Charter. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2001-51, § 1, 7-11-01; Ord. No. 2002-46, § 1, 6-10-02; Ord. No. 2017-18(16-O-1547), § 1, 4-2617; Ord. No. 2018-23(18-O-1308), § 1, 6-27-18; Ord. No. 2024-39(24-O-1399), § 1, 9-24-24)

§ 3-402

Charter review commission authorized.

The council shall by ordinance establish a charter review commission so that a review of the city Charter may be accomplished every 20 years, to make recommendations, and to hold hearings with respect to amendments to the Charter. (1996 Ga. L. (Act No. 1019), p. 4469)

[CHAPTER 5. CIVIL SERVICE SYSTEM]

§ 3-501

Civil service.

(a)The council shall establish by ordinance a system of civil service of the city, which shall be divided into a classified and an unclassified service. The classified and unclassified service shall cover the positions presently in the classified or unclassified service respectively on the effective date of this Charter, unless otherwise provided by ordinance. The civil service system of the city shall not include employees of the Atlanta school system.

(b)The council shall adopt by ordinance civil service rules and regulations to govern the classification of positions, the manner and method of publicizing vacancies, employing and appointing, and dismissing personnel, the qualifications of employees, the terms, conditions, and benefits of employment, retirement policy, grievance procedures, and any other measures that promote the hiring and retaining of capable, diligent, honest career employees. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-502

Discrimination prohibited.

It shall be the policy of the city, its departments, and boards that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, political affiliation, gender identity or racial profiling. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2001-14, § 1, 2-13-01)

§ 3-503

Residency of employees.

Except as otherwise provided in this Charter, the council may by ordinance provide from time to time for employees to reside within the city during their continuance in such office or employment with the city. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-504

Credit preference.

The council may provide by ordinance for a credit preference to be given to residents of the city on their employment examination scores. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-505

Temporary engagement by contract, reemployment or election of persons retired under municipal laws.

(a)The mayor and council may authorize the engagement of any person who has retired under any of the pension laws, notwithstanding the age of such person, to render any special or particular service as an independent contractor, provided that the initial term of such contract shall be for a period not exceeding 520 business days, but where such contracts may be renewed upon approval by the mayor and the council, provided the term of any such renewal contract shall not exceed 520 days. There shall be no limitation on the number of times such contracts may be renewed in accordance with this section. Such employees shall be entitled to receive their regular pension payments but shall acquire no further pension or civil service rights by virtue of such temporary contractual arrangement. No contractual engagement shall commence pursuant to this subsection until such time as the department head or chief judge of the court, as applicable, and chief financial officer shall confer with the mayor to confirm the exigency of retaining such particularized expertise within city government.

(b)The mayor and council may authorize the engagement of sworn public safety personnel retired under any of the pension laws, notwithstanding the age of such person, to render public safety services either as an independent contractor or as an employee. Such contracts, or employment, shall not be subject to the aforementioned 520 business day limitation. Such sworn employees shall be entitled to receive their regular pension payments but shall acquire no further pension or civil service rights by virtue of such temporary contractual arrangement, or employment. No contractual engagement, or employment shall commence pursuant to this subsection until such time as the department head or chief judge of the court, as applicable, and chief financial officer shall confer with the mayor to confirm the exigency of retaining such particularized expertise within city government.

(c)Except as otherwise provided in this Section, in the event the particularized services required by the city are not amenable to an independent contractor agreement with a retiree, the City of Atlanta may reemploy a retiree for the purpose of availing the city of some particularized skill possessed by said retiree under the following circumstances.

(1)Single or concurrent multiple reemployment periods shall not exceed 520 business days without reauthorization by city council.

(2)With the reemployment request, the reemploying department provides a plan, including a timetable for the permanent provision of the services which are temporarily being provided by the reemployed retiree.

(d)Nothing herein contained shall prevent any retiree from holding any office which is filled by an election by the people. No additional pension or civil service rights or privileges shall accrue to such officer or employee during such period and said retiree shall be entitled to continue to receive his or her regular pension payments. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1998-37, § 1, 5-27-98; Ord. No. 2002-68, § 1, 9-11-02; Ord. No. 2002-82, § 1, 11-8-02; Ord. No. 2003-02, § 1, 1-13-03; Ord. No. 2008-28(08-O0820), § 1, 5-13-08; Ord. No. 2009-64(09-O1714), § 1, 10-27-09; Ord. No. 2017-17(17-O1077), § 1, 4-20-17; Ord. No. 2021-54(21-O0704), § 1, 11-10-21)

§ 3-506

Compulsory retirement; waiver of penalties.

(a)No employee of the city shall be required to retire from employment with the city based upon the age of any such employee.

(b)Any employee of the city who has completed at least five years of service with the city and who retires under any pension plan covering city employees shall be entitled to retire upon attaining 65 years of age without the application of any vesting penalties which may be set forth under any such pension plan. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-507

Modification of pension plans.

As authorized by the provisions of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph III(a)(14), the Acts, approved February 15, 1933, August 13, 1927, and August 20, 1974 (found respectively at Ga. L. 1933, p. 213, et seq.; Ga. L. 1927, p. 265, et seq.; Ga. L. 1924, p. 167, et seq., all as amended), providing for pensions for officials and employees of cities having a population of 300,000 or more according to the United States Census of 1920 or any subsequent census thereof, shall be modified, insofar as they appertain to employees and officials of the City of Atlanta and its board of education in accordance with the following rules and procedures:

(1)Any other provisions in the Charter notwithstanding, any pension law modification shall be effected only by ordinance adopted by at least two-thirds of the total membership of the council and duly approved by the mayor;

(2)Any such ordinance shall be considered for final action by the council only after receipt of:

a.An investigation by an independent actuary of any such proposed modification, evidenced by a written report from such actuary which shall include, but not be limited to, such actuary's analysis of the funding requirements relating to any such modification and the opinion of such actuary as to the propriety of any such modification. Any such opinion must state that such modification is in conformity with applicable state laws governing the funding requirements for modifications to such pension plans. Such opinion shall be accompanied by the written recommendations of the city attorney and chief financial officer;

b.A written communication to the board of trustees of each of the respective pension funds affected by such modification to provide notice of the proposed modification of a provision of the pension plan and to request their non-binding recommendation in favor or against the proposed modification within 45 days from the date of introduction of the legislation, unless extended by Ordinance;

c.Any such ordinance modifying the Act approved August 13, 1927 (Ga. L. 1927, p. 265 et seq., as amended) and affecting employees of the Atlanta Board of Education shall become effective as to such employees only after such modification is adopted by a majority of the total membership of the Atlanta Board of Education.

(3)No substitute or amendment to any ordinances presented to the council hereunder shall be considered without a subsequent investigation of such proposed substitute or amendment by an independent actuary and recommendations of the city attorney and chief financial officer as provided in (2)(a), hereinabove, and the communication providing notice and requesting a recommendation from the boards of trustees of the respective pension fund affected by such modification as set forth in (2)(b), hereinabove;

(4)No ordinance which modifies any of the aforesaid pension laws and has a fiscal impact on the pension systems established by such laws shall be adopted by the council or approved by the mayor until adequate provision for funding such modification has been made to defray the fiscal impact of such modification.

(1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2010-73(10-O-1892), § 1, 12-15-10; Ord. No. 201133(11-O-0673), § 1, 7-27-11)

§ 3-508

Regulation of complaints, fraud, waste, and abuse; definitions.

(a)As used in this section, the term:

(1)"Municipal employee" means classified and unclassified employees of the City of Atlanta, and individuals who perform services for the City of Atlanta on a contract or fee basis, but does not include elected officials.

(2)Municipal employer means any department, board, bureau, commission, authority, or other agency of the city which employs or appoints any municipal employee, except the mayor and members of the city council.

(b)A municipal employer may receive and investigate complaints or information from any municipal employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any municipal programs and operations under the jurisdiction of such municipal employer.

(c)Notwithstanding any other local law or ordinance to the contrary, such municipal employer shall not, after receipt of a complaint or information from a municipal employee, disclose the identity of the municipal employee without the written consent of such municipal employee, unless the municipal employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the municipal employee shall be notified in writing at least seven days prior to such disclosure.

(d)No action against any municipal employee shall be taken or threatened by any municipal employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the municipal employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(e)Any action taken in violation of subsection (d) of this section shall give the municipal employee a right to have such action set aside by the personnel board after a hearing. (1996 Ga. L. (Act No. 1019), p. 4469; S.B. 498/2004, § 1, 5-17-04)

CHAPTER 6. PLANNING

§ 3-601

Atlanta City Design.

Sec. 3-601. Atlanta City Design.

The mayor shall have a design for Atlanta to enable a sufficiently growing city so that people of all income ranges, generations, races, and educational levels can thrive as city residents. The design shall be based upon goals for population and employment growth for the City of Atlanta in the context of regional projections provided by the Atlanta Regional Commission. As a design, the Atlanta City Design is primarily a concept for the physical growth of the city to accommodate the desired population and employment. It is to be based upon the unique physical attributes of Atlanta and should accentuate these qualities for a growing city. Atlanta City Design is a concept for design of Atlanta that provides a framework for policies and plans including those outlined in Section 3-602, 3-603, and 3-604. (Ord. No. 2017-83(17-0-1706), § 1, 12-13-17)

§ 3-602

Comprehensive development plan.

Sec. 3-602. Comprehensive development plan.

The mayor shall have a comprehensive development plan of the City of Atlanta prepared and maintained to be used as a guide for the growth and development of the city and which will identify its present and planned physical, social, and economic development. This plan shall: (1) set forth the comprehensive development goals, policies, and objectives for both the entire city and for individual geographic areas and communities within the city and (2) in conformance with such development goals, objectives, and policies, identify the general location, character, and extent of streets and thoroughfares, parks, recreation facilities, sites for public buildings and structures, city and privately owned utilities, transportation systems and facilities, housing, community facilities, future land use for all classifications, and such other elements, features, and policies as will provide for the improvement of the city over the next 15 years. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2017-83(17-0-1706), § 2, 12-13-17)

Editor’s note—Formerly § 3-601.

§ 3-603

Five-year development plans.

Sec. 3-603. Five-year development plans.

The mayor shall have a comprehensive five and 15-year development plait prepared which shall: (1) present a recommended generalized land use development pattern to guide the growth of the city over a succeeding five-year period and (2) include the city's specific development goals and objectives based upon existing and projected demographic and socioeconomic factors and public and private community facilities for the entire city and individual geographic areas and communities within the city, as related to the comprehensive development plan and to regional plans. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2004-08, § 1, 2-10-04; Ord. No. 2017-83(17-0 1706), § 3, 12-13-17)

Editor’s note—Formerly § 3-602.

§ 3-604

Implementation; updating and revision.

Sec. 3-604. Implementation; updating and revision.

(a)Prior to the preparation of each comprehensive development plan, the mayor shall have hearings held in such manner, as the council shall prescribe by ordinance. The mayor shall submit to the council such plans that will include a 15-year and five-year comprehensive development plan, along with a comprehensive land use plan for all property within the city limits. These plans updated each five years, shall be submitted to the council not later than its first regular meeting in May of the year in which the plan is updated. Beginning with the transmittal date of said plans to council, the general public shall be afforded a period of 45 consecutive days in which to review said plans. Subsequent to the expiration of the aforementioned 45-day period, the council shall conduct public hearings concerning such plans. Thereafter, the council shall adopt the comprehensive development plans, after making any amendments or revisions thereto that the council considers appropriate, but not later than the last regular council meeting in July of the year in which the plan is updated. Such plans shall become effective immediately upon adoption and approval of the authorizing legislation.

(b)The approved comprehensive development plans shall be used as a guide for the preparation of the city's capital improvement program and capital budget.

(c)The mayor shall maintain an up-to-date zoning map for all properties within the city limits.

(d)Following the updating and adoption of the city's development plans, the council shall amend the city's zoning ordinance to conform with the updated development plans in accordance with procedures prescribed by general law.

(e)Approved comprehensive development plans distributed to the public shall include a brochure or similar document containing the names, addresses, telephones numbers and facsimile numbers of appropriate city and county officers, as an appendix to the document, and such comprehensive development plans and appendices shall be provided to all neighborhood planning units of the city within 30 days of the adoption of such comprehensive development plans. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2004-08, § 2, 2-10-04; Ord. No. 2017-83(17-0 1706), § 4, 12-13-17)

Editor’s note—Formerly § 3-603.

§ 3-605

Program for human and economic development.

Sec. 3-605. Program for human and economic development.

Within one year after the effective date of this Charter, the mayor and city council shall provide an administrative mechanism with appropriate status and adequate budget to develop and implement a comprehensive program of human and economic development. The program shall be responsible for identifying and securing resources needed to address these problems and needs effectively. The program shall encourage efforts to enable, empower, and involve the disadvantaged; address the causes of crime; work to enhance the quality of life of all citizens; and help to ensure that the city government will be responsive to the needs of all citizens. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2017-83(17-0-1706), § 5, 12-13-17)

Editor’s note—Formerly § 3-604.

CHAPTER 7. CITIZEN'S SERVICE PLANNING REVIEW COMMISSION

§ 3-701

Creation; composition.

There is hereby created and established the citizen's service planning review commission which shall consist of nine members. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-702

Appointments; terms; vacancies.

(a)Members shall be appointed by the mayor subject to confirmation by a majority vote of the council. The mayor shall appoint six members, one each from the six neighborhood planning unit study areas, based on recommendations from the city's 24 neighborhood planning units. Any person so appointed shall be a resident of the city at the time of appointment and during the term of office. Of the initial members appointed to the commission, three of the members shall be appointed for a term expiring on December 31, 1998; three members shall be appointed for a term expiring on December 31, 1999; and three members shall be appointed for a term expiring on December 31, 2000. Thereafter, all members shall be appointed for three-year terms. Members of the commission shall select one of its members as chairperson.

(b)If said appointments are not made by the first council meeting in July, the appointments shall be made by the Atlanta City Council, and the person filling the vacancy shall have all the qualifications prescribed for membership.

(c)Any vacancy on the commission, however created, shall be filled for the unexpired term in the same manner as the position was originally filled, and the person filling the vacancy shall have and retain all the qualifications prescribed for membership. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 1996-52, § 1, 7-10-96; Ord. No. 2000-39, §§ 1, 2, 6-28-00)

§ 3-703

Powers and duties.

Each year the commission shall study such city services as agreed upon by a majority of its members and prepare a report to be presented to the mayor and chief operating officer by September 1 of each year. The report shall contain the findings of the commission and present actions that the city may implement to increase the efficiency and reduce the cost of service provision. For each service area reviewed and investigated by the commission, the report shall include but not be limited to:

(1)The level of expenditures for each service;

(2)The quality of the service provided;

(3)The cost of providing the service;

(4)Available competitive contracting for such service;

(5)Consolidation of service delivery with other jurisdictions; and

(6)Ways to improve the efficiency of service provision.

The commission shall also conduct an evaluation of any previously determined service delivery plans and actions taken by the administration in order to improve delivery of the service. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-704

Mayor's action.

The mayor shall hold at least one public hearing on the report. After the public hearing and prior to the submission of the budget each year, the mayor shall present an annual plan and actions the city may implement to the president of the council and members of the council. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 3-705

Assistance to the commission.

The mayor's office shall provide the necessary staff and assistance to the commission as required for the completion of its tasks. (1996 Ga. L. (Act No. 1019), p. 4469)

ARTICLE 4. COURTS