Atlanta › Charter and Related Laws — Part I

Chapter 5 — Elections, Removal and Conflicts of Interests

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§ 5-101

Applicability of general laws.

Regular and special elections shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2009-71(09-0-1887), § 1, 11-25-09)

§ 5-102

Regular elections; time for holding; voting.

(a)The regular general election for electing the mayor, president of the council, and all councilmembers of the City of Atlanta shall be held on the first Tuesday after the first Monday in November, 1997, and quadrennially thereafter.

(b)The entire electorate of the city shall be entitled to vote in elections for mayor, president of council, and at-large councilmembers. The entire electorate of each council district shall be entitled to vote for the election of a councilmember elected solely from that district. The person receiving the majority of the votes cast for each position shall be elected.

(c)The mayor, president of the council, and those members of the council who are serving as such on December 31, 1996, and any person selected to fill a vacancy in any such offices shall continue to serve as such for terms of office which expire December 31, 1997, and shall continue to represent the area or district from which elected.

(d)The first mayor, president of the council, and members of the council under this Act shall be elected at the time of the general municipal election in 1997. The mayor, president of the council, and members of the council elected thereto in 1997 shall take office the first Monday of January immediately following that election and shall serve for initial terms of office which expire December 31, 2001, and upon the election and qualification of their respective successors. Those and all future successors to the mayor, president of the council, and members of the council whose terms of office are to expire shall be elected at the general municipal election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. The mayor, president of the council, and members of the council shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 5-103

Special elections; filling of vacancies.

(a)In the event the office of mayor, president of the council, or councilmember shall become vacant by reason of death, resignation, or any other cause, the council shall, within 15 days after the occurrence of such vacancy, call a special election to fill the balance of the unexpired term of such office by giving notice thereof in one or more newspapers of general circulation within the city, except:

(1)If a regular election for the office of mayor is to be held within one year after the date that a vacancy in the office of mayor occurs, the president of the council shall assume and discharge the powers and duties of the office of mayor for the duration of the mayor's unexpired term, and the president pro tempore shall perform the duties of the president of the council during such period;

(2)If a regular election for the office of the president of the council is to be held within one year after the date that a vacancy occurs in the office president of the council, the president pro tempore shall assume and discharge the powers and duties of the office of the president of the council during such period;

(3)If a regular election for the office of councilmember is to be held within one year after the date that a vacancy occurs in the office of councilmember, the remaining members of the council shall by majority vote appoint a qualified person to fill the vacancy. The members of the council shall appoint such person within 30 days of the date the vacancy occurs.

(b)If any elected officer of the city qualifies for another municipal, county, state, or federal elective office, his or her resignation shall be governed solely by Article II, Section II, Paragraph V, of the Constitution of the State of Georgia.

(c)Every special election shall be held and conducted in accordance with the Georgia election code and rules of the State of Georgia and Fulton and DeKalb County Election Boards. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2008-82(08-0-1903), § 1, 11-6-08)

§ 5-104

Use of public buildings.

It shall be the duty of the council to make available for voting purposes all public buildings of the city which may be needed or required for such purpose on all election days. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 5-105

No partisan primaries; candidates listed without party label.

No political party shall conduct primaries for the purpose of nominating candidates for municipal elections. In all municipal elections conducted by or for the City of Atlanta, the names of all candidates shall be listed upon the ballot without party label. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 5-106

Other provisions.

Except as otherwise provided in this Charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code", as now or hereafter amended. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2009-71(09-0-1887), § 2, 11-25-09)

CHAPTER 2. COUNCIL DISTRICTS; REAPPORTIONMENT

§ 5-201

Council districts.

Beginning with the general municipal election of 1997 the territory of the council shall consist of 12 council districts to be designated as Districts No. 1 through 12, and three residency posts for the three at-large members. The boundaries of the districts are specifically described and set forth in Appendix I herein. Said appendix is incorporated herein as if fully set forth in this section. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 5-202

Reapportionment of council districts.

(a)Subject to the limitations of state and federal law, the council shall reapportion the council districts from which members of the council are elected following publication of the 2000 United States decennial census or any future such census. Such reapportionment of districts shall be effective for the election of members to the council at the next regular general municipal election following the publication of the decennial census.

(b)The council shall reapportion the council districts in accordance with the following specifications:

(1)Each reapportioned district shall be formed of contiguous territory, and the boundary lines of said district shall be the center lines of streets or other well-defined boundaries;

(2)Variation in population between such districts shall comply with the one-personone-vote requirements of the United States Constitution; and

(3)The reapportionment shall be limited to adjusting the boundary lines of the existing districts only to the extent reasonably necessary to comply with the requirements of paragraph (2) above; and the number of members of the council and the manner of electing such members, except for the adjustment of district boundary lines, shall not be changed by the council.

(c)In addition to the reapportionment following publication of the decennial census, the council shall reapportion districts pursuant to this section if the annexation of additional territory to the corporate boundaries of the City of Atlanta has the effect of denying electors residing within the newly annexed territory the right to vote for the election of members of the council on substantially the same basis that the other electors of the City of Atlanta vote for members of the council. The reapportionment provided for herein shall meet the criteria specified in subsection (b) of this section and shall be further limited to making only those adjustments in district boundary lines as may be reasonably necessary to include the newly annexed territory within such districts. Reapportionment under this subsection shall be effective for the next regular general municipal election following annexation. (1996 Ga. L. (Act No. 1019), p. 4469)

CHAPTER 3. REMOVAL OF ELECTED OFFICIALS

§ 5-301

Recall elections.

Any person holding an elective office of the city shall be subject to removal from office at a recall election in the manner provided by Chapter 4 of Title 21 of the O.C.G.A., the "Recall Act of 1989," as now or hereafter amended. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 5-302

Offices to be vacated immediately upon the occurrence of certain events.

Upon final conviction of or the entering of a plea of guilty for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office, the office of the mayor, president of the council, or any councilmember shall be vacated immediately without further action. The unexpired term of office shall be filled as provided in this Charter. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 5-303

Removal of mayor for temporary inability to serve.

During the temporary inability of the mayor to perform the duties of his or her office, the president of the council shall serve as and shall have all the powers and duties of the mayor, provided the council shall, by three-fourths' vote of the entire membership serving thereon, certify such inability by resolution, which resolution shall become immediately effective without action by the mayor. The council shall determine by majority vote of its members when the mayor is again able to perform the duties of his or her office. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 5-304

Removal of elected officials.

(a)Grounds for removal. The mayor, the president of the council, or any councilmember shall be subject to removal from office for any of the following causes:

(1)Malpractice, misfeasance, or malfeasance in office;

(2)Failure at any time to possess any of the qualifications of office as provided by this Charter or by law;

(3)Failure to maintain continuously the residency within the district or districts from which elected.

(4)Violation of the conflicts of interest and standards of conduct provided in this Charter or the code of ordinances;

(5)Violation of the oath of office as provided in this Charter;

(6)Abandonment of office or ceasing to perform the duties thereof; or

(7)Failure for any cause to perform the duties of office as required by the provisions herein or by law.

(b)Procedures for removal. Removal of the mayor, the president of the council, or any councilmember pursuant to subsection (a) of this section shall be accomplished by the following method. In the event the mayor, the president of the council, or any councilmember is sought to be removed by action of the council, an impartial panel shall conduct a hearing and render a decision on the matter. Such elected official sought to be removed shall be entitled to a written notice specifying the ground(s) for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The council shall provide by ordinance or resolution for the appointment of an impartial panel and the manner in which such hearings shall be held to render a decision. Any elected official sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Fulton County. Such appeals shall be governed by the same rules as govern appeals to the superior court from the probate court. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2000-12, §§ 1, 2, 3-15-00)

CHAPTER 4. CONFLICTS OF INTEREST

§ 5-401

Conflicts of interest provisions applicable to city officials and employees.

(a)Except as otherwise provided by general law, no elected official, appointed officer, or employee of the city or any office, department, or agency thereof, shall knowingly:

(1)Engage in any business or transaction with, or have a financial or personal interest, direct or indirect, in the affairs of, the city, except through a procedure employing sealed bids;

(2)Engage in or accept private employment or render services for private interests when such employment or service is in conflict or incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of official duties;

(3)Disclose confidential information or use information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14, of the O.C.G.A., as now or hereafter amended, concerning the property, government or affairs of the city or any office, department, or agency thereof, not available to members of the public and gained by reason of his or her official position for his or her personal gain or benefit, to advance his or her financial or other private interest, or to advance the financial or private interest of any other person or business entity;

(4)Represent other private interests in any action or proceeding against the city or any office, department, or agency thereof;

(5)Vote or otherwise participate in the negotiation or the making of any contract with any business entity in which he or she has a financial interest.

(b)No elected official, officer, or employee shall use property of the city for his or her personal benefit or profit except in accordance with policies and procedures of the city.

(c)All elected officials, appointed officers or employees of the city or any office, department, or agency thereof, shall abide by any further standards of conduct adopted or as may be adopted by an ordinance of the council.

(d)As used in this chapter, the word "relative" shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, domestic partner registered under section 94-133, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sisterin-law, brother-in-law, daughter-in-law, son-inlaw, any other relative living in the household of the elected official, appointed officer, or employee or who otherwise holds himself or herself out as or is generally known as the person whom the elected official, appointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2006-55, § 1, 8-29-06)

§ 5-402

Disclosures.

(a)Any elected official, appointed officer, or employee who has any financial interest, directly or indirectly, in any contract or matter pending before or within any office, department, or agency of the city shall disclose such interest in writing to the council by filing a written memorandum with the municipal clerk. Any elected official who has a financial interest in any contract or matter before the council shall disclose such interest as provided in Article 2 within this Charter.

(b)Any elected official shall disclose publicly the identity of any relative, as defined in the Code of Ordinances, employed by the city on or before February 15th of each year, by the submission of an electronic form prescribed by the board of ethics. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2006-23, § 1, 5-18-06; Ord. No. 2006-59, § 1, 9-13-06)

§ 5-403

Contracts voidable and rescindable.

Any contract between the city and another party shall be voidable or rescindable at the discretion of the council at any time if any elected official, officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provisions within this chapter. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 5-404

Ineligibility of elected officials.

No elected official shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which that official was elected to office, unless this provision is waived by a three-fourths vote of the council. (1996 Ga. L. (Act No. 1019), p. 4469)

§ 5-405

Hearings and determinations.

Any hearings and determinations regarding any violations of the provisions herein shall be in accordance with the provisions of this Charter or any ordinance regulating standards of conduct as adopted by the council. (1996 Ga. L. (Act No. 1019), p. 4469)

ARTICLE 6. REVENUE AND FUND ADMINISTRATION

CHAPTER 1. REVENUE