Chapter 2 — Administration

Sec. 2-2. Naming of public facilities and streets in honor of persons.

No public building, park, park facility, public street, right-of-way, bridge or similar public facility shall be named after or in honor of any person, unless such person has attained the age of 75 years or has been deceased at least 30 days or such naming is a condition of a gift or grant accepted by the city.

The city council shall not adopt any ordinance or resolution for the purpose of such naming unless it is placed on one agenda of the affected neighborhood planning unit(s), for informational purposes. (Code 1977, § 18-4007; Ord. No. 2001-87, §§ (1), (2), 11-27-01; Ord. No. 2002-20, § 1, 3-26-02)

Cross references—Hartsfield-Jackson Atlanta International Airport, § 22-56 et seq.; municipal cemeteries, § 38-26 et seq.; Civic Center, § 46-36 et seq.; parks and recreation, ch. 110; streets, sidewalks and other public places, ch. 138.

Land development code reference—Planning, § 63001 et seq.

Sec. 2-3. Vending machines on city property and in city facilities.

Cross references—Hartsfield-Jackson Atlanta International Airport, § 22-56 et seq.; businesses, ch. 30; municipal cemeteries, § 38-26 et seq.; Civic Center, § 46-36 et seq.; parks and recreation, ch. 110; streets, sidewalks and other public places, ch. 138.

Sec. 2-4. Self insurance and waiver of governmental immunity.

Pursuant to the authority of 1970 Ga. Laws, pages 3207, 3208, the city elects to become a self insurer under O.C.G.A. § 33-24-51 and waives governmental immunity to the extent and in accordance with the following:

Editor’s note—Section 2 of Ord. No. 2002-6, approved March 5, 2002 states that the provisions of subsections 2-4(1) and (2) shall not become effective until January 1, 2003.

Cross reference—City-owned or city-leased motorized equipment, § 2-1701 et seq.

State law reference—Sovereign immunity of municipalities, O.C.G.A. § 36-33-1 et seq.

Sec. 2-5. Telephone services for departments.

Sec. 2-6. Lease of city-owned houses to certain public officers and other employees; demolition or moving city-owned houses.

Cross reference—Officers and employees, § 2-781 et seq.

Sec. 2-7. Architectural services for construction, repair and maintenance of city buildings.

Sec. 2-8. Official Town Hall meetings.

Sec. 2-9. Annual training regarding state law requirements of lobbyists.

All elected officials and employees, currently required to file disclosures of income and financial interests in accordance with section 2-814 of this chapter, shall receive annual training regarding the requirements of lobbyists under Georgia Ethics in Government Act. (Ord. No. 2018-51(18-O-1522), § 1, 9-25-18)

Secs. 2-10—2-35. Reserved.

ARTICLE II. COUNCIL* DIVISION 1. GENERALLY

Sec. 2-36. Council president.

*Charter reference—Legislative branch of government, art. 2.

Cross references—Elections, ch. 66; city employees required to resign prior to filing candidacy for office of mayor, president of city council, or office of councilperson, § 114-2.

Charter reference—Council president, § 2-201 et seq. Cross reference—Contingency fund for council president, § 2-924.

Sec. 2-37. Selection of council president pro tempore.

The council shall select a council president pro tempore on an annual basis who shall preside in the absence of the council president. The councilmember selected to serve as council president pro tempore shall be chosen on a rotational basis based on seniority as has been the tradition. If two or more councilmembers are of equal seniority, the selection shall be made on the basis of the numerical order of the respective posts first and then districts. No councilmember shall serve a second year as council president pro tempore until all members have served at least one year. During the absence of the council president, the council president pro tempore shall discharge the duties and exercise the powers and authority of the council president. In the absence of the council president pro tempore, the council president shall appoint any member of the council to preside in the council president's absence. The councilmember so chosen shall discharge the duties and exercise the powers and authority of the council president. The member of the council presiding, whether the council president pro tempore or a member of the council appointed by the council president, shall vote on all questions before the council during the time such member is presiding. (Code 1977, § 1-1047; Ord. No. 1996-27, § 1, 5-28-96; Ord. No. 1999-85, § 1, 11-24-99; Ord. No. 2009-73(09-O-2033), § 1, 12-15-09)

Sec. 2-37.1. Method of filling temporary council vacancy.

Sec. 2-37.2. Succession to the office of mayor, office of council president and position of council president pro tempore.

ity, upon the declaration of a quorum at

the next held regular or special called meeting of the council after the vacancy occurs, the names of the members with equal seniority will be placed in a lottery with a single name to be drawn by the municipal clerk or deputy municipal clerk, who will then announce the name of the

pore or a new council president pro tempore shall be elected based on the natural (3) rotation as provided in Code section 2-36(e) depending upon which point in the calendar year the special election occurs, the council member acting in the capacity of council president pro tempore shall no In the event that the council president pro tempore exercises all powers and discharges all duties of the council president, a temporary council vacancy shall occur in his/her seat which shall be filled pursuant to Code section 2-37.

longer act in that capacity; and the person A appointed by council to fill the temporary council vacancy caused by this succession shall no longer serve in the capacity of council member.

If a special election shall occur, once such special election has been conducted to fill the office of council president and a new council president has been elected and sworn into office, the council president pro

tempore exercising all powers and dis

charging all duties of the council president shall immediately return to his/her council seat and shall resume his/her duties as council member and as council president pro tempore or a new council president pro tempore shall be elected based on the natural rotation as provided in Code section 2-36(e) depending upon which point in the calendar year the special election occurs; the council member acting in the capacity of council president

The council member possessing the second highest number of years seniority in terms of successive years of service on the council, shall act as council president pro tempore. If two or more council members are of equal seniority, upon the declaration of a quorum at the next held regular or special called meeting of the council after the vacancy occurs, the names of the members with equal seniority will be placed in a lottery with a single name to be drawn by the municipal clerk or deputy municipal clerk, who will then announce the name of the acting council president pro tempore who shall serve for the remainder of the then calendar year, at which time the election of a new council president pro tempore occurs based on the natural rotation, as provided in Code section 2-36(e), or for the duration of the term of office or until a special election can be conducted pursuant to the terms of section 5-103 of the Charter, whichever occurs first.

In the event that the council president pro tempore exercises all powers and discharges all duties of the mayor, and a council person exercises all powers and discharges all duties of the council president, temporary council vacancies shall occur in their seats which shall be filled pursuant to Code section 2-37.

If a special election shall occur, once such special election has been conducted to fill the office of mayor and council president and a new mayor and council president have been elected and sworn into office, the council president pro tempore exercising all powers and discharging all duties of the mayor shall immediately return to his/her council seat and shall resume his/her duties as council member and council president pro tempore or a new council president pro tempore shall be elected based on the natural rotation as provided in Code section 2-36(e) depending upon which point in the calendar year the special election occurs; the council member exercising all powers and discharging all duties of the council president shall immediately return to his/her council seat and shall resume his/her duties as council member; the council member acting in the capacity of council president pro tempore shall no longer act in that capacity; and the persons appointed by council to fill the temporary council vacancy caused by this succession shall no longer serve in the capacity of council member.

Sec. 2-37.2. Succession to the office of mayor, office of council president and position of council president pro tempore.

Sec. 2-38.

Confirmation of appointments by mayor.

Sec. 2-39.

Councilmember expense accounts; council district appropria-tions; funding.

Sec. 2-40.

Petitions to initiate legislation.

Sec. 2-41.

Proclamations and citations.

Sec. 2-42.

Reimbursement of convention, training, and travel and other expenses for councilmembers and staff.

Sec. 2-43.

Display of flags.

Sec. 2-44.

Authorization to employ legal counsel or auditors; selection process.

Sec. 2-45.

Establishment or change in fees; notice to public.

Sec. 2-46.

Council notification of transportation endorsement requests.

Sec. 2-47.

Director of council staff; municipal clerk.

Sec. 2-48.

Use and assignment of the city council chamber and the council committee rooms.

Sec. 2-49.

Assignment of council member offices.

Sec. 2-50.

Report of lobbying violations.

Secs. 2-51—2-65. Reserved.

Division 2. Meetings Sec. 2-66. Sec. 2-67.

Subdivision I. General Provisions Regular meetings. Special meetings.

*Cross reference—Emergency management agency, § 50-28. State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.

Supp. No. 103 Sec. 2-68.

Places where meetings held.

Sec. 2-69.

Quorum; vote required for passage of legislation.

Sec. 2-70.

Use of cell phones or other electronic communication devices at meetings.

Secs. 2-71, 2-72. Reserved.

Sec. 2-73.

Real-time closed captioning.

Sec. 2-74.

Accessibility notices.

Secs. 2-75—2-90. Reserved.

Subdivision II. Rules of Procedure Sec. 2-91.

Conflicts of interest.

Sec. 2-92.

Legislative power.

Sec. 2-93.

Suspension of rules.

Sec. 2-94.

Use of Robert's Rules of Order.

Sec. 2-95.

Voting by chair of standing committee.

Sec. 2-96.

Presence at meetings; voting on questions.

Sec. 2-97.

Order of business.

Sec. 2-98.

Consent agenda.

Sec. 2-99.

Motion to reconsider.

Sec. 2-99.1 Motion to hold in the breast of council.

Sec. 2-100. Precedence of questions of privilege.

Sec. 2-101. Debate.

Sec. 2-102. Vote taken viva voce in all elections.

Sec. 2-103. Hearings and investigations.

Sec. 2-104. Remarks from public.

Sec. 2-105. Statements by elected officials.

Sec. 2-106. Committee of the whole.

Secs. 2-107—2-130. Reserved.

Division 3. Standing and Other Committees Sec. 2-131. Sec. 2-132. Sec. 2-133. Sec. 2-134. Sec. 2-135. Sec. 2-136.

Subdivision I. Standing Committees Standing committees established. Appointment; term; vacancy. Operations; procedures. Powers and duties. Jurisdiction of standing committees. Remarks from public.

Subdivision II. Advisory Type Committees Sec. 2-137. Definitions. Sec. 2-138. Required. Secs. 2-139—2-150. Reserved.

Division 4. Staff Sec. 2-151. Sergeant at arms. Sec. 2-152. Council assistants. Sec. 2-153. Reserved. Secs. 2-154—2-159. Reserved.

Sec. 2-160. Sec. 2-161. Sec. 2-162. Sec. 2-163. Sec. 2-164.

Division 5. Municipal Clerk Duties generally. Deputy clerks. Staff members and assistants. Official seal. Books and accounts, television tape of council meetings.

Supp. No. 105 Sec. 2-165. Issuance of orders, notices, other instruments. Sec. 2-166. Copying, certifying and transmitting copies of ordinances to appropriate persons. Sec. 2-167. Charges for copies of documents. Sec. 2-168. Transfer of historical records. Sec. 2-169. [Guidelines for administrative corrections.] Secs. 2-170—2-175. Reserved.

Article III. Mayor Division 1. Generally Sec. 2-176. Execution of contracts. Sec. 2-177. Delegation of authority to execute documents to president or president pro tempore of council. Sec. 2-178. Seal of mayor. Sec. 2-179. Emeritus mayor. Sec. 2-180. Additional functions of chief operating officer and chief of staff. Sec. 2-181. Emergency powers of mayor regarding offenses. Sec. 2-182. Powers of mayor in addition to other powers in Charter and Related Laws. Sec. 2-183. Department heads under supervision and direction of mayor;

exception; responsibilities. Sec. 2-184. Appointment of department heads upon vacancy. Sec. 2-185. Transition and inauguration. Secs. 2-186—2-189. Reserved. Sec. 2-190. Department of the mayor; executive office of the mayor;

administrative functions.

Article IV. Executive Branch Offices Sec. 2-191. Functions and duties of office of communications. Sec. 2-192. Functions and duties of office of constituent services. Sec. 2-193. Functions and duties of office of contract compliance. Sec. 2-194. Functions and duties of office of violence reduction. Sec. 2-195. Functions and duties of the Atlanta Workforce Development Agency. Sec. 2-196. Functions and duties of office of one Atlanta. Sec. 2-197. Function and duties of office of intergovernmental affairs. Sec. 2-198. Functions and duties of the office of special events. Sec. 2-199. Functions and duties of office of emergency management. Sec. 2-200. Functions and duties of the City of Atlanta Office of Entertain-ment. Sec. 2-201. Function and duties of office of international and immigrant affairs. Sec. 2-202. Function and duties of office of sustainability and resilience. Secs. 2-203—2-219. Reserved.

Article V. Administrative Organization of the Executive Branch Sec. 2-220. Sec. 2-221. Sec. 2-222. Sec. 2-223. Sec. 2-224. Sec. 2-225. Sec. 2-226. Sec. 2-227.

Departments divided into bureaus or offices. Qualifications of heads of departments, bureaus and offices. Organization of executive branch. Department of aviation. Department of corrections. Functions and duties of the department of customer service. Offices in the department of enterprise asset management. Functions and duties of the department of enterprise asset management.

Sec. 2-228. Department of fire. Sec. 2-229. Department of finance. Sec. 2-230. Department of grants and community development. Sec. 2-231. Functions and duties of the department of grants and com-munity development. Sec. 2-232. Additional qualifications of commissioner of department of human resources. Sec. 2-233. Additional duties of commissioner of department of human resources. Sec. 2-234. Functions and duties of the department of information technol-ogy. Sec. 2-234.1. Data handling policy. Sec. 2.235. Additional qualifications of chief technology officer. Sec. 2-236. Department of law. Sec. 2-237. Functions and duties of the department of labor and employ-ment services. Sec. 2-238. Additional qualifications of commissioner of department of city planning; additional duties. Sec. 2-239. Offices in the department of city planning. Sec. 2-240. Functions and duties of the office of buildings. Sec. 2-241. Functions and duties of the office of zoning and development. Sec. 2-242. Reserved. Sec. 2-243. Functions and duties of office of housing and community development. Sec. 2-243.1. Reserved. Sec. 2-244. Office of design. Sec. 2-245. Department of police. Secs. 2-246—2-249. Reserved. Sec. 2-250. Functions and duties of the department of procurement. Sec. 2-251. Additional qualifications of the chief procurement officer. Sec. 2-252. Bond of chief procurement officer. Secs. 2-253—2-260. Reserved. Sec. 2-261. Offices in the department of public works. Sec. 2-262. Reserved. Sec. 2-263. Reserved. Sec. 2-264. Functions and duties of the office of solid waste services. Sec. 2-265. Functions and duties of the office of fleet services. Secs. 2-266—2-279. Reserved. Sec. 2-280. Department of watershed management. Sec. 2-281. Department of transportation. Sec. 2-282. Functions and duties of office of mobility strategy, planning, and performance. Sec. 2-283. Functions and duties of office of capital project delivery. Sec. 2-284. Functions and duties of office of transportation infrastructure management. Sec. 2-285 Functions and duties of office of engineering. Secs. 2-286—2-300. Reserved.

Article VI. Departments Division 1. Generally Sec. 2-301. Functions not specifically enumerated to be assigned to a department by administrative order.

Secs. 2-302—2-320. Reserved.

Supp. No. 103 Division 2. Department of Finance Subdivision I. General Provisions Sec. 2-321. Designation of ex officio marshal and treasurer; deputizing employees as deputy marshals, revenue collectors and license inspectors.

Sec. 2-322. Oath of employee serving as ex officio marshal, deputy treasurer. Sec. 2-323. Investing of city funds. Sec. 2-324. Investments in predatory lenders and affiliates. Secs. 2-325—2-340. Reserved.

Subdivision II. Chief Financial Officer Sec. 2-341. Qualifications of deputy. Sec. 2-342. Expenditures for continuing operation of city. Sec. 2-343. Copy of proposed budget and supporting legislation furnished to Councilmembers prior to submission for adoption. Sec. 2-344. Annual report. Sec. 2-344.1. Reports regarding variable rate debt obligations. Sec. 2-345. File of official newspaper advertisements; execution docket;

record of sales. Sec. 2-346. Inventories of department property. Sec. 2-347. Investigation of officers and employees. Sec. 2-348. Records of bonds and revenue certificates. Sec. 2-349. Indexed record of streets on which curbing or sewers have been ordered. Sec. 2-350. Reserved. Sec. 2-351. Authorization to issue commercial paper. Secs. 2-352—2-369. Reserved.

Subdivision III. Offices Sec. 2-370. Offices in the department of finance. Sec. 2-371. Office of budget and fiscal policy. Sec. 2-372. Office of the controller. Sec. 2-373. Office of the treasury, debt, and investments. Sec. 2-374. Reserved. Sec. 2-375. Office of administrative and legislative services. Sec. 2-376. Office of financial systems services. Sec. 2-377. Office of revenue. Sec. 2-378. Office of enterprise risk management. Sec. 2-379. Reserved. Secs. 2-380—2-395. Reserved.

Sec. 2-396. Sec. 2-397.

Sec. 2-398. Sec. 2-399. Sec. 2-400. Sec. 2-401.

Sec. 2-402. Sec. 2-403. Sec. 2-404. Sec. 2-405. Sec. 2-406. Sec. 2-407.

Division 3. Department of Law Authority of department. City attorney's power of appointment and removal of personnel; accountability. City attorney's office. Powers and duties of city attorney and assistants. Investigations directed by mayor or president of council. Investigation of departments, boards and agencies and persons having dealings with city. Filing and prosecuting civil recovery actions. Representation of person or cause in conflict with city's interests. Settlement of claims. Condemnation proceedings. Real estate purchases. Outside counsel.

Supp. No. 103 Secs. 2-408—2-420. Reserved.

Division 4. Department of Administrative Services Sec. 2-421. Bonds of chief procurement officer and commissioner of administrative services. Secs. 2-422—2-425. Reserved. Secs. 2-426—2-440. Reserved.

Division 5. Reserved Secs. 2-441—2-460. Reserved.

Division 6. Reserved Secs. 2-461—2-480. Reserved.

Division 7. Reserved Secs. 2-481—2-780. Reserved.

Article VII. Officers and Employees Division 1. Generally Sec. 2-781. Official oath. Sec. 2-782. Bonds of officials. Sec. 2-783. Defense in civil litigation. Sec. 2-784. Treatment of employees at hospitals other than Grady Memorial in emergency situations. Secs. 2-785—2-800. Reserved.

Sec. 2-801. Sec. 2-802. Sec. 2-803. Sec. 2-804. Sec. 2-805. Sec. 2-806. Sec. 2-807. Sec. 2-808. Sec. 2-809. Sec. 2-810. Sec. 2-811. Sec. 2-812. Sec. 2-813. Sec. 2-814. Sec. 2-815. Sec. 2-816. Sec. 2-817. Sec. 2-818. Sec. 2-819. Sec. 2-820. Sec. 2-821. Sec. 2-822.

Sec. 2-823. Sec. 2-824.

Division 2. Code of Ethics/Standards of Conduct Definitions. Purpose. Reserved. Reserved. Reserved. Reserved. Reserved. Representing private interest before agencies. Representing private interest before courts. Representation after separation from employment. Use of property and services. Participation in contracts. Disclosure of interests. Disclosure of income and financial interests. Disclosure of expense reimbursements. Passes, tickets and gratuities. Prohibition on giving or receiving gratuities. Solicitation. Disclosure of confidential information. Incompatible interests. Loans. Persons handling city funds becoming surety, guarantor or endorser. Reserved. Reserved.

Supp. No. 103 Sec. 2-825. Mandatory ethics training. Sec. 2-826. Reserved. Secs. 2-827—2-829. Reserved.

Division 3. Purchasing Card Policy Sec. 2-830. Purpose. Sec. 2-831. Scope. Sec. 2-832. Authorized cardholders. Sec. 2-833. Purchasing restrictions. Sec. 2-834. Allowable purchases. Sec. 2-835. Declared emergencies. Sec. 2-836. Administrator. Sec. 2-837. Legal consequences. Sec. 2-838. Violations. Secs. 2-839—2-840. Reserved.

Article VIII. Employee Benefits Division 1. Generally Sec. 2-841. Measures for increase of salaries or wages referred to committee on finance.

Sec. 2-842. Deduction from pensioner of certain amounts permitted for active employees.

Sec. 2-843. Automobile allowances. Sec. 2-844. Credit union deduction from salaries or wages. Sec. 2-845. Employee suggestion program. Sec. 2-846. Supplemental pension payment. Sec. 2-847. 1985 supplemental cost-of-living pension payment. Sec. 2-848. Additional group life insurance. Sec. 2-849. Annual appropriation for group life insurance. Sec. 2-850. Health insurance. Sec. 2-851. Personal accident insurance. Sec. 2-852. Continuance of life, health and dental insurance while on leave of absence. Sec. 2-853. Persons ineligible to receive group life insurance. Sec. 2-854. Dependent's life insurance. Sec. 2-855. Employees' scholarship fund. Sec. 2-856. Payment as witnesses. Sec. 2-857. Reimbursement of convention, conference, training, travel and other expenses. Sec. 2-858. Domestic partnership benefits. Sec. 2-859. Employees who have not designated a spouse to receive benefits. Sec. 2-860. Open enrollment. Secs. 2-861—2-875. Reserved.

Division 2. Old-Age and Survivors Insurance for Board of Education Sec. 2-876. Extension to employees and officials. Sec. 2-877. Authority to make agreements with state employees' retirement system. Sec. 2-878. Salary withholdings. Sec. 2-879. Appropriation for funds. Sec. 2-880. Records and reports. Sec. 2-881. Exclusion. Secs. 2-882—2-905. Reserved.

Supp. No. 103 Article IX. Finance Division 1. Generally Sec. 2-906. Fiscal year. Sec. 2-907. Duties of chief financial officer as municipal revenue collector, ex officio marshal. Sec. 2-908. Financial impact statement of new programs affecting budget. Sec. 2-909. Numbering of departments, activities, funds and accounts. Sec. 2-910. Grant applications. Sec. 2-911. Review of contracts. Sec. 2-912. Procedures for making payments by city. Sec. 2-913. Reserved. Sec. 2-914. Issuance of duplicate checks when originals lost. Sec. 2-915. Voucher drawn upon fund of department creating expenditure. Sec. 2-916. Refunds. Sec. 2-917. Petty cash funds. Sec. 2-918. Monthly reports of contracts for revolving funds. Sec. 2-919. Periodic payments to contractors. Sec. 2-920. Reports on lease or rental of city facilities. Sec. 2-921. Budget and rental of neighborhood centers and City Hall East. Sec. 2-922. Vouchers for money delivered only after settlement of city's cross claims. Sec. 2-923. Payment of investment income to Atlanta Art Association. Sec. 2-924. Contingency funds—Mayor and council president. Sec. 2-925. Reserved. Sec. 2-926. Indemnity insurance. Secs. 2-927—2-940. Reserved.

Division 2. Appropriations and Related Matters Sec. 2-941. Referral of appropriations or expenditures to committee on finance.

Sec. 2-942. Exceeding annual appropriation. Sec. 2-943. Annual appropriations divided into 12 parts, expended monthly. Sec. 2-944. Transfer of appropriations from one account to another. Sec. 2-945. Appropriation of funds derived from land or facilities purchases. Secs. 2-946—2-960. Reserved.

Division 3. Bills and Collections Sec. 2-961. System of collecting moneys. Sec. 2-962. Report of bills issued for collection—Generally. Sec. 2-963. Same—Corrections. Sec. 2-964. Record of bills for permanent improvements. Sec. 2-965. Deposit of moneys. Sec. 2-966. Disposition of money collected by officers. Sec. 2-967. Interest on bills for public improvements, amount, collection. Sec. 2-968. Postponement of collection of bills or executions. Sec. 2-969. Procedure for collecting assessments. Sec. 2-970. Property put in possession of purchaser at sale under assess-ment execution. Sec. 2-971. City's costs and fees on executions. Sec. 2-972. Recordation of property sold to city. Sec. 2-973. Uncollectible accounts receivable. Sec. 2-974. Debt collection services. Secs. 2-975—2-990. Reserved.

Division 4. Borrowing and Indebtedness Sec. 2-991. Employment of special bond counsel. Sec. 2-992. Employment of fiscal advisor. Sec. 2-992.1. Investment banking and treasury services. Sec. 2-993. General obligation bonds. Sec. 2-994. Registration of coupon bonds of city. Sec. 2-995. Authority of mayor and council to negotiate loans for current expenses. Sec. 2-996. Loans for operating expenses of board of education. Sec. 2-997. Report of paid bonds, revenue certificates and interest coupons. Sec. 2-998. Official intent delegation. Secs. 2-999—2-1100. Reserved.

Article X. Procurement and Real Estate Code Sec. 2-1101. Sec. 2-1102. Sec. 2-1103. Sec. 2-1104. Sec. 2-1105. Sec. 2-1106. Sec. 2-1107. Sec. 2-1108. Sec. 2-1109. Sec. 2-1110. Sec. 2-1111. Sec. 2-1112. Sec. 2-1113. Sec. 2-1114. Sec. 2-1115. Sec. 2-1116.

Division 1. Generally Short title. Definitions. Severability. Interpretation; purposes and policies. Application of article. Supplementary general principles of law applicable. Good faith actions. Procurement records. Compliance with federal requirements. Construction of water treatment plant. Limitation on work orders authorized under annual contracts. Multiple awards; limitations on multiple awards. Monetary limits; effective date. Notice of lobbyist laws. Purchase of non-compostable single-use serviceware prohibited. Post-award debriefing.

Sec. 2-1117. Use of centralized automated electronic system.

Secs. 2-1118—2-1137. Reserved.

Division 2. Chief Procurement Officer Sec. 2-1138. Centralization of procurement authority. Sec. 2-1139. Using agency requirements. Sec. 2-1140. Signing contracts on behalf of mayor. Sec. 2-1141. Appointment of procurement advisory groups. Sec. 2-1142. Periodic reporting to city council. Secs. 2-1143—2-1160. Reserved.

Division 3. Appeals and Remedies Sec. 2-1161. Authority to resolve protested solicitations and awards. Sec. 2-1162. Debarment or suspension from consideration for contract award. Sec. 2-1163. Solicitations or awards in violation of law. Sec. 2-1164. Procurement appeals hearing officers. Sec. 2-1165. Authority of procurement appeals hearing officers. Sec. 2-1166. Appeals. Secs. 2-1167—2-1186. Reserved.

Supp. No. 105 Division 4. Source Selection and Contract Formation Sec. 2-1187. Methods of source selection. Sec. 2-1187.1 State mandated immigration compliance requirements. Sec. 2-1188. Competitive sealed bidding. Sec. 2-1188.1. Local preference. Sec. 2-1189. Competitive sealed proposals. Sec. 2-1190. Small purchases. Sec. 2-1190.1. Micro-purchases. Sec. 2-1191. Sole source procurement. Sec. 2-1191.1. Special procurements. Sec. 2-1192. Emergency procurement. Sec. 2-1193. Competitive selection procedures for professional and consultant services. Sec. 2-1194. Cancellation of invitations for bids or requests for proposals. Sec. 2-1195. Responsibility of offerors. Sec. 2-1196. Bid security for nonconstruction contracts. Sec. 2-1197. Performance and payment bonds for nonconstruction contracts. Sec. 2-1198. Insurance. Sec. 2-1199. Prequalification of offerors. Sec. 2-1200. Equal employment opportunity clause. Sec. 2-1201. Cost or pricing data. Sec. 2-1202. Cost or price analysis. Sec. 2-1203. Types of contracts. Sec. 2-1204. Cost reimbursement provisions. Sec. 2-1205. Multi-term contracts. Sec. 2-1206. Extension and expiration of contracts. Sec. 2-1207. Approval of accounting system. Sec. 2-1208. City's right to inspect plant, place of business or work site. Sec. 2-1209. City's right to audit records. Sec. 2-1210. Prohibition against and reporting of anti-competitive practices. Sec. 2-1211. Clause for ensuring payment. Sec. 2-1212. Encumbrances required for contracts. Sec. 2-1213. Prohibition against contracting with predatory or high cost lenders. Sec. 2-1214. Management of conflicts in source selection. Sec. 2-1215. Traffic control requirements. Sec. 2-1216. Off-duty POST certified law enforcement requirements. Secs. 2-1217—2-1235. Reserved.

Division 5. Specifications Sec. 2-1236. Definitions. Sec. 2-1237. Duties of chief procurement officer. Sec. 2-1238. Relationship with using agencies. Sec. 2-1239. Maximum practicable competition. Sec. 2-1240. Brand name specification. Sec. 2-1241. Brand name or equal specification. Secs. 2-1242—2-1265. Reserved.

Division 6. Procurement of Construction, Architect-Engineer and Land Surveying Services Sec. 2-1266. Sec. 2-1267.

Sec. 2-1268. Sec. 2-1269. Sec. 2-1270.

Definitions. Responsibility for selection of methods of construction-related services. Contract administration. Bid security for construction contracts. Contract performance and payment bonds for construction contracts.

Division 7. Contract Clauses and Their Administration Sec. 2-1291. Responsibilities and rights of parties to contract. Sec. 2-1292. Emergencies resulting in potential increased costs; contract modifications and change orders. Sec. 2-1293. Price adjustments. Sec. 2-1294. Patents. Sec. 2-1295. Copyrights and rights in data. Sec. 2-1296. Provision of subcontracting data. Secs. 2-1297—2-1325. Reserved.

Division 8. Supply Management Sec. 2-1326. Definitions. Sec. 2-1328. Quality assurance, inspection and testing. Sec. 2-1329. Inventory management. Sec. 2-1330. Warehousing and storage. Sec. 2-1331. Excess supplies. Sec. 2-1332. Disposition of surplus supplies. Sec. 2-1333. Disposition of proceeds of sale, lease or disposal. Secs. 2-1334—2-1355. Reserved.

Supp. No. 89 Division 9. Small Business Opportunity Program Sec. 2-1356. Short title. Sec. 2-1357. Definitions. Sec. 2-1358. Statement of policy. Sec. 2-1359. Duties of the office of contract compliance. Sec. 2-1360. Small business assistance. Sec. 2-1361. City-maintained records and reports. Sec. 2-1362. Small business enterprise program goals and counting procedures. Sec. 2-1363. Certification as a small business enterprise. Sec. 2-1364. Recertification. Sec. 2-1365. Challenge to the status of a small business enterprise. Sec. 2-1366. Penalties for false certification. Sec. 2-1367. Appeals. Sec. 2-1368. Small business enterprise directory. Sec. 2-1369. Procedures to ensure that SBEs have an equitable opportunity to compete for contracts and subcontracts. Sec. 2-1369.1. Requirements for joint ventures. Sec. 2-1370. Methods by which the city will require contractors and subcontrac-tors to comply with applicable SBE requirements. Sec. 2-1371. Procedures to require that participating SBEs are identified by name by competitors for contracts. Sec. 2-1372. Means to ensure that competitors make good faith efforts to meet SBE contract goals. Sec. 2-1373. Penalties for noncompliance. Sec. 2-1374. Outreach to SBEs. Sec. 2-1375. Prime contracting guidelines. Sec. 2-1376. Severability. Sec. 2-1377. Sunset. Secs. 2-1378—2-1380. Reserved.

Division 10. Office of Contract Compliance Sec. 2-1381. Statement of equal employment opportunity policy. Sec. 2-1382. Established. Sec. 2-1383. Authority and duties. Sec. 2-1384. Contract compliance hearing officer. Sec. 2-1385. Appeals. Sec. 2-1386. Intergovernmental cooperation. Sec. 2-1387. Nondiscrimination among firms doing business with city. Secs. 2-1388—2-1410. Reserved.

Division 11. Equal Employment Opportunity Sec. 2-1411. Applicability of division. Sec. 2-1412. Duties of office of contract compliance. Sec. 2-1413. Requirements for execution of city contracts. Sec. 2-1414. Equal employment opportunity clause. Sec. 2-1415. Notice to and requirements of bidders and offerors. Sec. 2-1416. Precertification. Sec. 2-1417. Penalties for noncompliance. Sec. 2-1418. Project site reports. Sec. 2-1419. Compliance determinations as to certain leases of real property. Secs. 2-1420—2-1440. Reserved.

Division 12. Equal Business Opportunity Program Subdivision I. In General Sec. 2-1441. Short title.

Supp. No. 89 Sec. 2-1442. Adoption of the findings and conclusions of the Executive Summary of Dr. Ian Ayres, the 2015 Disparity Report by Keen Independent Research, LLC, and the 2021 Disparity Report by Keen Independent Research, LLC.

Sec. 2-1443. Definitions. Sec. 2-1444. Findings. Sec. 2-1445. Statement of policy. Sec. 2-1446. Applicability and implementation. Sec. 2-1447. Duties of office of contract compliance. Sec. 2-1448. Equal business opportunity subcontracting program. Sec. 2-1449. Requirements for mentor-protégé relationships. Sec. 2-1450. Requirements for joint ventures. Sec. 2-1451. Mediation of disputes between joint venture and mentor-protégé team members and prime and subcontractors. Sec. 2-1452. Penalties for noncompliance. Sec. 2-1453. Certification of African American-, Asian Pacific American-, Hispanic American-, Native American-, and female-owned businesses. Sec. 2-1454. Appeals. Sec. 2-1455. Outreach and assistance to subcontractors by the office of contract compliance. Sec. 2-1456. Prompt payment of prime contractors and subcontractors. Sec. 2-1457. Reports by the office of contract compliance. Sec. 2-1458. City's role in dispute resolution. Sec. 2-1459. Severability. Sec. 2-1460. Sunset. Secs. 2-1461—2-1464. Reserved.

Subdivision II. Vendor Relations Sec. 2-1465. Short title. Sec. 2-1466. General policy. Sec. 2-1467. Definitions. Sec. 2-1468. Implementation. Sec. 2-1469. Vendor relations database. Sec. 2-1470. Investigation of violation of non-discrimination policy. Sec. 2-1471. Role of chief procurement officer in determining and requiring responsibility. Sec. 2-1472. Appeals. Sec. 2-1473. Non-discrimination. Sec. 2-1474. Severability. Secs. 2-1475—2-1480. Reserved.

Division 13. Ethics in Public Contracting Sec. 2-1481. Rejection of bids and offers and cancellation of contracts. Sec. 2-1482. Conflicts of interest. Sec. 2-1483. Liability of city officers and employees for unauthorized contracts. Sec. 2-1484. Gratuities and kickbacks. Sec. 2-1485. Contingent fees. Sec. 2-1486. Contemporaneous employment. Sec. 2-1487. Use of confidential information. Sec. 2-1488. Penalties. Sec. 2-1489. Recovery of value transferred or received in breach of ethical standards. Sec. 2-1490. Notice of sanction and appeal. Secs. 2-1491—2-1515. Reserved.

Division 14. Real Estate Subdivision I. General Provisions Sec. 2-1516. Definitions. Sec. 2-1517. Duties of chief procurement officer. Sec. 2-1518. Requirements upon using agencies. Secs. 2-1519—2-1540. Reserved.

Subdivision II. Acquisition and Leases Sec. 2-1541 Purchases. Sec. 2-1542. Eminent domain. Sec. 2-1543. Exchanges. Sec. 2-1544. Gratuitous transfers. Sec. 2-1545. Easements. Sec. 2-1546. Leases of real property for city use. Sec. 2-1547. Leases of city-owned real property. Sec. 2-1548. Rentals of city-owned real property. Secs. 2-1549—2-1570. Reserved.

Subdivision III. Sale and Disposition Sec. 2-1571. Methods. Sec. 2-1572. Competitive sealed bidding. Sec. 2-1573. Bid security for real estate contracts. Sec. 2-1574. Determination of fair market value. Sec. 2-1575. Nonpayment of brokerage fees. Sec. 2-1576. City's rights upon failure of selected offeror to close transaction. Sec. 2-1577. Selected offeror's rights upon failure of the city to close the transaction. Sec. 2-1578. Abandonment of streets. Sec. 2-1579. Abandonment of easements. Secs. 2-1580—2-1600. Reserved.

Sec. 2-1601. Sec. 2-1602. Sec. 2-1603. Sec. 2-1604. Sec. 2-1605.

Division 15. Intergovernmental Relations Definitions. Cooperative purchasing authorized. Sale, acquisition or use of supplies. Cooperative use of supplies or services. Joint use of facilities.

Supp. No. 57 Sec. 2-1606. Use of state contracts. Sec. 2-1607. Purchase of surplus and excess federal property authorized. Sec. 2-1608. Council authorization required. Secs. 2-1609—2-1620. Reserved.

Division 16. Suspension, Disqualification and Debarment of Contractors Sec. 2-1621. Definitions. Sec. 2-1622. Authority to suspend, disqualify or debar. Sec. 2-1623. Basis for suspension, disqualification or debarment; action by contract compliance director. Sec. 2-1624. Rights of contractors. Sec. 2-1625. Authority of director. Sec. 2-1626. Availability. Sec. 2-1627. Time for filing notice of appeal. Sec. 2-1628. Notice of hearing. Sec. 2-1629. Hearing. Sec. 2-1630. Decision. Sec. 2-1631. Effect of notice of suspension. Sec. 2-1632. Effect of disqualification or debarment decision. Sec. 2-1633. Conflict with powers of the chief procurement officer. Secs. 2-1634—2-1640. Reserved.

Division 17. Grant Agreements Adhering to Special Grantor Requirements Sec. 2-1641. Requirements. Secs. 2-1642—2-1650. Reserved.

Article XI. First Source Jobs Program Sec. 2-1651. Sec. 2-1652.

Division 1. General Provisions Definitions. Severability.

Sec. 2-1653. Sec. 2-1654. Sec. 2-1655. Sec. 2-1656. Sec. 2-1657. Sec. 2-1658. Sec. 2-1659.

Division 2. First Source Jobs Policy AWDA duties. Office of contract compliance duties. User agency duties. Employer duties. First source register. Employment agreement required. First source hiring guidelines.

Sec. 2-1660. Sec. 2-1661.

Sec. 2-1662. Sec. 2-1663. Sec. 2-1664. Sec. 2-1665. Sec. 2-1666. Sec. 2-1667.

Division 3. Atlanta CityBuild Program Program. Appropriations for Atlanta CityBuild, Pre-Apprenticeship, Apprenticeship and Skilled Labor Programs. Pre-apprenticeship programs. Certified apprenticeship programs. Utilization requirements. Recordkeeping requirements. Subcontractor compliance. Good faith efforts to comply.

Supp. No. 57 Division 4. Atlanta First Source and CityBuild Advisory Committee Sec. 2-1668. Sec. 2-1669. Sec. 2-1670. Sec. 2-1671.

Composition; qualifications; terms of office. Purposes and functions of advisory committee. CityBuild reporting. Monitoring.

Division 5. Penalties Sec. 2-1672. Penalties. Secs. 2-1673—2-1700. Reserved.

Article XII. City-Owned or City-Leased Motorized Equipment Sec. 2-1701. Definitions. Sec. 2-1702. Application of article. Sec. 2-1703. Maintenance and management of motorized equipment fleet. Sec. 2-1704. Duties and responsibilities of director. Sec. 2-1705. Reports. Sec. 2-1706. Specialized equipment pool. Sec. 2-1707. Files of state certificates of title. Sec. 2-1708. Identification of city-owned motorized equipment. Sec. 2-1709. Supplies and repairs. Sec. 2-1710. Speedometers or odometers required. Sec. 2-1711. Automotive accessories for city vehicles. Sec. 2-1712. Use of city-owned vehicles by city employees. Sec. 2-1713. Qualifications of city commercial motor vehicle operators. Sec. 2-1714. Qualifications of equipment operators; examinations. Sec. 2-1715. Private use of municipally owned vehicles. Sec. 2-1716. Use of municipally owned vehicles outside city. Sec. 2-1717. Duty to take names of witnesses to accidents. Sec. 2-1718. Motorized equipment accidents or injuries. Sec. 2-1719. Prohibition against the use of cell phones by city employees while operating a vehicle in the performance of city business; exemptions. Secs. 2-1720—2-1740. Reserved.

Article XIII. Risk Management Sec. 2-1741. Policy. Sec. 2-1742. Implementation and maintenance of policy. Sec. 2-1743. Responsibility of chief financial officer. Sec. 2-1744. Applicability to all operations of the city. Sec. 2-1745. Risk management identification, measurement and analysis of loss exposures. Sec. 2-1746. Claims administration. Sec. 2-1747. Risk management and claims information system. Sec. 2-1748. Contractual transfer of risk. Sec. 2-1749. Risk management communications. Secs. 2-1750—2-1780. Reserved.

Sec. 2-1781. Sec. 2-1782. Sec. 2-1783. Sec. 2-1784. Sec. 2-1785. Sec. 2-1786. Sec. 2-1787.

Article XIV. Records Management Definitions. Purpose. Records management officer. Duties of administrative committee. Duties of department heads. Municipal clerk designated records certifying officer. Furnishing copies of records for additional compensation.

Supp. No. 99 Secs. 2-1788—2-1810. Reserved.

Article XV. Sister Cities Program Sec. 2-1811. Findings and statement of purpose. Sec. 2-1812. Selection criteria for sister city relationship. Sec. 2-1813. Sister city commission. Sec. 2-1814. Sister city committees. Secs. 2-1815—2-1850. Reserved.

Article XVI. Boards, Councils, Commissions and Authorities Division 1. Generally Sec. 2-1851. Oath. Sec. 2-1852. Procedure for the appointment by the full council of individuals or councilmembers to boards, commissions and authorities. Sec. 2-1853. Councilmembers representing city on regional or state boards or commissions. Sec. 2-1854. Terms of office for appointments to boards and commissions. Sec. 2-1855. Confirmations by council of department/agency heads and appoint-ments and reappointments to boards, councils, commissions and authorities. Sec. 2-1856. Termination (sunset) of BACEs. Secs. 2-1857—2-1875. Reserved.

Division 2. Keep Atlanta Beautiful Commission Sec. 2-1876. Established; composition. Sec. 2-1877. Appointment of members. Sec. 2-1878. Time limit on appointments Sec. 2-1879. Terms of office. Sec. 2-1880. Vacancies. Sec. 2-1881. Organization; rules; consultations. Sec. 2-1882. Officers. Sec. 2-1883. Compensation; conflict of interest. Sec. 2-1884. Standing committees. Sec. 2-1885. Executive committee. Sec. 2-1886. Advisory board. Sec. 2-1887. Removal of members. Sec. 2-1888. Voting. Sec. 2-1889. Meetings. Sec. 2-1890. Duties. Sec. 2-1891. Powers. Sec. 2-1892. Funding. Secs. 2-1893—2-1925. Reserved.

Division 3. Computer Applications Priority Board Sec. 2-1926. Created. Sec. 2-1927. Membership. Sec. 2-1928. Functions. Sec. 2-1929. Consideration of recommendations. Secs. 2-1930—2-1955. Reserved.

Sec. 2-1956. Sec. 2-1957.

Division 4. Mayor's Committee on Drug Control Established. Composition, terms, vacancies.

Supp. No. 99 Sec. 2-1958. Expenditures. Sec. 2-1959. Meetings, records. Sec. 2-1960. Gifts, donations and bequests. Secs. 2-1961—2-1980. Reserved.

Division 5. Advisory Committee on International Relations Sec. 2-1981. Established, composition. Sec. 2-1982. Purpose. Sec. 2-1983. Officers, bylaws, reports. Secs. 2-1984—2-2010. Reserved.

Division 6. Reserved Secs. 2-2011—2-2045. Reserved.

Division 7. Reserved Secs. 2-2046—2-2080. Reserved.

Division 8. Sinking Fund Commission Sec. 2-2081. Created. Sec. 2-2082. Composition. Sec. 2-2083. Terms of office. Sec. 2-2084. Clerk designated, duties. Sec. 2-2085. Accounts. Sec. 2-2086. Order for payment of maturing bonds. Sec. 2-2087. Investment of funds. Sec. 2-2088. Safekeeping of investments. Sec. 2-2089. Custody of funds awaiting investments. Sec. 2-2090. Withdrawals for investment purposes. Sec. 2-2091. Authority to change investments; receipt, report required. Sec. 2-2092. Accretions to sinking fund. Sec. 2-2093. Payment of principal on bonds. Sec. 2-2094. Article as part of contract with bondholders. Sec. 2-2095. Duty to require compliance with laws relating to sinking funds. Secs. 2-2096—2-2125. Reserved.

Division 9. Youth Commission Sec. 2-2126. Creation; purpose. Sec. 2-2127. Composition. Sec. 2-2128. Governing board—Composition. Sec. 2-2129. Same—Duties. Sec. 2-2130. Youth advisory board—Duties. Sec. 2-2131. Same—Composition. Sec. 2-2132. Youth commission partners. Sec. 2-2133. Appointed ex-officio members of the youth advisory board. Sec. 2-2134. Youth advisory board—Terms; compensation. Sec. 2-2135. Youth action coalition—Duties. Sec. 2-2136. Same—Composition. Sec. 2-2137. Same—Terms; compensation. Sec. 2-2138. Same—Committee system operation. Sec. 2-2139. Youth commission—Election; bylaws; meetings. Sec. 2-2140. Use of private funds. Sec. 2-2141. Criminal background checks for employees/volunteers in direct contact with children; required. Secs. 2-2142—2-2200. Reserved.

Division 10. Reserved Division 11. Reserved Secs. 2-2201—2-2216. Reserved.

Sec. 2-38. Confirmation of appointments by mayor.

All appointments made by the mayor which by law must be confirmed by the council shall be referred both to the committee on the council and to the other appropriate standing committee of the council for review and report at the next regular council meeting. However, by two-thirds vote of the councilmembers, the council may vote to consider the appointment at the same meeting at which it is introduced. Action on the appointment shall only require a simple majority vote. (Code 1977, § 1-1044; Ord. No. 1999-85, § 2, 11-24-99; Ord. No. 2006-31, § 1, 5-18-06)

Sec. 2-39. Councilmember expense accounts; council district appropriations; funding.

Sec. 2-40. Petitions to initiate legislation.

When petitions for initiating legislation are prepared, they shall be filed in the office of the municipal clerk. Any person desiring to sign this petition shall sign it in that office, in the presence of the clerk or the clerk's deputy, and shall take the oath of a voter, in the form prescribed by law, and shall present a tax receipt showing such person's taxes to be paid for the previous year or make a showing that such person is not subject to taxation. Petitions otherwise prepared shall not be considered as complying with this section or with the Charter and related state laws. (Code 1977, § 1-2010)

Charter reference—Initiative and referendum, § 2-501. Cross reference—Initiative, referendum and recall, § 66-36 et seq.

Sec. 2-41. Proclamations and citations.

The council or any committee of the council shall be authorized to issue proclamations, declare special days and present citations on behalf of the council and any committees of the council.

Proclamations, commendations, and other special awards held during meetings of the council shall be limited to five per meeting, with each not to exceed a time limit of 15 minutes, for a total time of 75 minutes for proclamations, commendations, and other special awards during meetings of the council. Photographs may be taken during ceremony but should be done as quickly as possible. Proclamations, commendations, and other special awards shall be scheduled by the office of the council president on a first-come, first served basis. The scheduling request must include the name of the person or group to be honored. Proclamations, commendations, and other special awards shall be limited to one per councilmember and Council President per meeting unless there is an open spot available one week before the council meeting where the proclamation, commendation, or other special award is scheduled to take place. There will be no annual limit on how many proclamations, commendations, or other special awards any one councilmember or the council president may give per year.

There shall be an exception for last minute events (anytime that occurs within five days preceding a council meeting). (Code 1977, § 1-1048; Ord. No. 2019-27(19-O1155), § 1, 5-15-19)

Sec. 2-42. Reimbursement of convention, training, and travel and other expenses for councilmembers and staff.

Communicating with representatives of local, regional, state and national governments on City of Atlanta adopted policy positions Participating in local, regional, state and national organizations whose activities affect the City of Atlanta interest Recognizing service to the City of Atlanta Membership dues are not an authorized expenditure except for memberships in those governmental associations, professional organizations and/or certifications in which the City's memberships extends to its officials such as the National League of Cities, the Georgia Municipal Association and committees, caucuses and constituent groups of those associations.

Unacceptable receipts include those from a "receipt or guest book" or handmade receipts.

The Internal Revenue Service defines qualified organizations as nonprofit groups that are religious, charitable, educational, scientific, or literary in purpose, or that work to prevent cruelty to children or animals.

Sec. 2-43. Display of flags.

The flags of the United States, the State of Georgia and the city shall be prominently displayed in the council chambers. (Code 1977, § 1-1015; Ord. No. 02001-15, § 1, 2-14-01; Ord. No. 2017-66(17-O-1642), § 1, 11-617)

Sec. 2-44. Authorization to employ legal counsel or auditors; selection process.

The council may employ, by contract, either outside legal counsel, or outside financial auditors, or both, for the purpose of fulfilling its obligation of legislative oversight. The process of choosing either legal counsel or auditors shall be as follows: The president of the council, the city attorney and the chair of the committee on finance shall recommend to the council outside legal counsel or financial auditors or the specific assignment, which shall select such legal counsel or financial auditors by majority vote. (Code 1977, § 1-1071)

Sec. 2-45. Establishment or change in fees; notice to public.

Note—Formerly § 2-105.

Sec. 2-46. Council notification of transportation endorsement requests.

Sec. 2-47. Director of council staff; municipal clerk.

The director of council staff and the municipal clerk shall be responsible to the council. Each councilmember shall have equal access and equal authority with respect to the duties and responsibilities of the director of council staff and the municipal clerk. (Ord. No. 2006-32, § 1, 5-24-06)

Sec. 2-48. Use and assignment of the city council chamber and the council committee rooms.

Sec. 2-49. Assignment of council member offices.

The director of council staff shall deliver to each council member, a notice of office availability. The notice shall request each council member to respond within one week whether they wish to be considered for assignment to newly available office space. Those seeking reassignment shall indicate her/his office space priorities depending on the number of offices available.

Assignment to newly available office space shall be determined by seniority based upon continuous years of service, without interruption. In the event council members have equal years of uninterrupted service, the director shall have council members draw lots to break the tie.

Furniture, flat screen televisions, and other items shall remain in the office in which the councilmember is vacating. Furniture, flat screen televisions, and other items paid from a councilmember's district expense and/or carry-forward accounts or personal funds may be moved to the newly assigned office space. (Ord. No. 2010-63(10-O-1909), § 1, 11-24-10; Ord. No. 2014-42(14-O-1447), § 1, 9-24-14; Ord. No. 2016-13(16-O-1210), § 1, 5-25-16)

Sec. 2-50. Report of lobbying violations.

During any public meeting provided for in this article, a member of council who believes that a violation of state law applicable to persons required to register as a lobbyist has occurred during such person's activity to promote or oppose the passage of any ordinance or resolution by the Atlanta City Council, may direct the municipal clerk to prepare a written complaint with the Georgia Government Transparency and Campaign Finance Commission, or the appropriate successor agency of the state, to be executed by the member to be verified under oath in accordance with state law. Failure to file a report as described in this section shall not be a violation of this ordinance or the city's Code of Ethics. (Ord. No. 2018-42(18-O-1457), § 1, 9-26-18)

Secs. 2-51—2-65. Reserved.

DIVISION 2. MEETINGS* Subdivision I. General Provisions

Sec. 2-66. Regular meetings.

The council shall hold regular meetings at 1:00 p.m. (Code 1977, § 1-1011; Ord. No. 1998-3, § 1, 2-10-98)

Charter reference—Meeting dates, § 2-303.

Sec. 2-67. Special meetings.

Special meetings of the council may be called by the president at such times and upon such notice as the president shall deem sufficient. In addition, upon receipt by the president of a written demand signed by not less than seven members of the council requesting a special meeting, the president shall set the time for holding such a special meeting, and the meeting shall be held within five days from the date of receipt by the president of such written demand. (Code 1977, § 1-1012)

Charter reference—Council rules to provide for calling of special meetings, § 2-303(a).

Sec. 2-68. Places where meetings held.

State law reference—Open meetings, O.C.G.A. § 5014-1 et seq.

hearings at locations outside city hall, provided notice of the meetings is given in accordance with subsection (a) of this section. (Code 1977, § 1-1013; Ord. No. 2020-38(20-O1420), § 1, 6-24-20)

Sec. 2-69. Quorum; vote required for passage of legislation.

A majority of councilmembers then constituting the membership of the Atlanta City Council, not including the president, shall constitute a quorum. The vote of a majority of the councilmembers then constituting the membership of the Atlanta City Council shall be required for passage of ordinances, resolutions and matters of parliamentary procedure; the abstention of any member shall not be counted as a vote for either side of the matter at issue. (Code 1977, § 1-1014; Ord. No. 1999-85, § 3, 11-24-99)

Charter reference—Designation of meeting place required, § 2-303(a).

State law reference—Designation of place of meeting required, O.C.G.A. § 5-14-1(d).

Sec. 2-70. Use of cell phones or other electronic communication devices at meetings.

Cellular telephones or other electronic communication devices used in council committee rooms or the council chamber during meetings, public hearings, work sessions or other gatherings where council business is being conducted shall be set to vibrating signals or signals thatare not audible or turned off. The presiding officer of each committee and council meeting, shall, at the beginning of said meeting, make the appropriate announcement. Signs indicating such requirement shall be posted outside the meeting rooms. (Ord. No. 2010-65(10-O-1911), § 1, 11-24-10)

Secs. 2-71, 2-72. Reserved.

Sec. 2-73. Real-time closed captioning.

Sec. 2-74. Accessibility notices.

Secs. 2-75—2-90. Reserved.

Subdivision II. Rules of Procedure*

Sec. 2-91. Conflicts of interest.

It is the intent and purpose of this section that every effort be made by the council and by each of its members to avoid any conflict of interest, either real or apparent. No member shall knowingly cast a vote upon any measure before the council wherein the outcome of such measure would affect, either directly or indirectly, any financial interest on the member's part or on the part of any of the member's immediate family. For the purposes of this section, the term "immediate family" shall include the spouse, domestic partner registered under section 94-133, mother, father, sister, brother, and natural or adopted children of an official or employee. It is incumbent upon every member to resolve all questions of conflict in favor of the avoidance of that conflict or apparent conflict. Accordingly, whenever a member shall be in doubt as to whether participation in any measure would constitute a conflict of interest, it shall be incumbent upon the member to first advise the council as to the entire circumstances thereof and to abide by the determination of the council by majority vote as to whether or not the member, under this subdivision, shall participate in this measure. Any member who violates this section shall be subject to censure by the members of the council. (Code 1977, § 1-1031; Ord. No. 2006-50, § 1, 7-25-06; Ord. No. 2009-22(09-O-0923), § 1, 6-909)

State law references—Voting upon questions by interested councilmembers, O.C.G.A. § 36-30-6; sale of city property to city officer or employee, O.C.G.A. § 16-10-6.

*Charter reference—Council rules, § 2-302.

Sec. 2-92. Legislative power.

All power of the legislative branch is vested in the council, except only those powers conferred upon the president by law or by rule of the council. Any act or determination of the president not otherwise conferred by law or rule of the council upon the president shall be subject to the will of the council. (Code 1977, § 1-1032)

Sec. 2-93. Suspension of rules.

No rule of procedure of the council shall be suspended except by the vote of two-thirds of the councilmembers then constituting the membership of the Atlanta City Council. Upon a motion to suspend the rules, the question shall immediately and without debate be put to the council for vote. (Code 1977, § 1-1038(a); Ord. No. 1999-85, § 4, 11-24-99)

Sec. 2-94. Use of Robert's Rules of Order.

Except as otherwise provided by this division, the proceedings of the council shall be governed by parliamentary proceedings, as set forth in the most current revised edition of Robert's Rules of Order, Newly Revised. (Code 1977, § 1-1042; Ord. No. 2006-27, § 1, 5-24-06)

Sec. 2-95. Voting by chair of standing committee.

The chair of every standing committee of the council shall have the right to vote on all issues before the committee, except as otherwise prohibited by this subdivision. (Code 1977, § 1-1043)

Sec. 2-96. Presence at meetings; voting on questions.

Sec. 2-97. Order of business.

The order of business for each meeting of the council shall be as follows in the order presented:

Sec. 2-98. Consent agenda.

All matters listed on the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion of these items. If discussion of any item is desired, the item will be removed from the consent agenda and will be considered separately.

Sec. 2-99. Motion to reconsider.

Any one member of the council may give notice of a motion to reconsider any vote, resolution or ordinance having for its object the increase of the indebtedness of the city, the expenditure of the city moneys, authorizing the sale of any part of the public property of the city or the granting of any franchise where the streets or public alleys are to be used for any purpose in the prosecution of the business of the applicant seeking the franchise. The notice shall operate to delay the question until this motion can be acted upon at the next regular or special meeting. In all other cases, a motion to reconsider any of the proceedings of the council shall not be entertained unless made by a member who previously voted with the prevailing side. A motion to reconsider at the same meeting matters other than those specified in this section shall have precedence over a motion to reconsider and to delay until a subsequent meeting. After the vote count has been announced on any issue by the president of the council, members of the council are prohibited from changing their votes unless proper procedures for reconsideration of a vote are followed. (Code 1977, § 1-1035)

Sec. 2-99.1 Motion to hold in the breast of council.

A motion to hold in the breast of council (referred to in Robert's Rules of Order as a motion to lay on the table) is not debatable and shall act to postpone consideration of a measure at the council meeting at which the motion is made. Such a measure may be removed from the table by proper motion at any time during said same council meeting, and if not so removed, such measure shall be removed from the table and acted upon by the council through a motion to adopt, adverse, file, confirm or refer back to the appropriate committee prior to the adjournment of the next regular or special council meeting; provided however, by two-thirds vote of the total membership of the council, the measure may continue to be held in the breast of council until removed from the table by proper motion and acted upon by the council through a motion to adopt, adverse, file, confirm or refer back to the appropriate committee, at a subsequent regular or special meeting of the council. (Ord. No. 2009-74(09-O-2032), § 1, 12-15-09; Ord. No. 2010-12(10-O-0498), § 1, 3-23-10)

Sec. 2-100. Precedence of questions of privilege.

Questions of privilege shall have precedence over all other questions before the council, except motions to adjourn, and shall include questions affecting the rights of the council collectively and the rights and conduct of members individually in their representative capacity only. (Code 1977, § 1-1036)

Sec. 2-101. Debate.

Sec. 2-102. Vote taken viva voce in all elections.

In all elections by the council the vote may be taken viva voce on the call of the roll by the municipal clerk and shall be entered on the minutes of the council. (Code 1977, § 1-1039; Ord. No. 2006-29, § 1, 5-18-06)

Sec. 2-103. Hearings and investigations.

The council or any committee composed entirely of councilmembers to which the power of subpoena is specifically granted by the council shall be authorized to conduct hearings and investigations into the operations and affairs of the city or of any office, department or agency of the city. For such purposes the council or that committee shall have the power by subpoena to compel the attendance of witnesses and the production of documents or other evidence at any meeting of the council or committee. The subpoena, if issued by the president on the president's own motion or by the council as a whole, shall be signed by the president. If the subpoena is issued by any committee having the power of subpoena, the subpoena shall be signed by the chair of the committee. The failure to obey the lawful command of a subpoena issued under this section shall be punished as provided in section 1-8. (Code 1977, § 1-1041)

Sec. 2-104. Remarks from public.

Any member of the public may speak to the council on matters of public concern, including matters of general policy, efficiency, and the conduct of city government, provided that the president may rule out of order personal, abusive, or indecorous language. No person shall cede his/her time to another person who has not previously signed up to speak. However, a speaker may yield his/her time to another speaker on the list; provided that the person to whom time has been yielded may be placed at the end of the speakers' list; provided, however, that no speaker to whom time has been yielded shall speak for more than ten minutes.

Sec. 2-105. Statements by elected officials.

Council shall hear statements by elected officials who indicate an interest in making a statement at full council and standing committee meetings. At full council meetings, such statements shall not exceed ten minutes per speaker. (Ord. No. 2019-67(19-O-1541), § 3, 12-11-19)

Sec. 2-106. Committee of the whole.

Purpose. The committee of the whole is a procedural mechanism by which the full city council may deliberate under more flexible conditions than the regular rules of procedure, particularly for complex or multi-part legislative matters.

Entry. The council may resolve into the committee of the whole by majority vote.

Presiding officer. The council president may remain in the chair while the council operates as committee of the whole.

Debate. Members may speak an unlimited number of times on any motion or amendment, provided that no individual speech shall exceed ten minutes.

Motions out of order. Unless otherwise authorized by a majority of council, the following motions shall not be in order while in committee of the whole: Limit or extend limits of debate; previous question; hold in the breast of council.

Motions in Order. The following motions shall be in order: Approve, file, adverse, accept and file, amend, substitute, refer, postpone.

Point of order;

Appeal from the decision of the chair (debatable);

Applicable requests and inquiries; motion to allow nonmembers to address the council (majority vote); motion to permit nonmembers to debate with council (two-thirds vote);

Motion to exit the committee of the whole.

Exit procedure. A motion to exit the committee of the whole: May be made at any time except while another member has the floor or during voting; must be seconded; shall not be debatable or amendable; shall require a majority vote.

Recommendations. All actions taken while in committee of the whole shall constitute nonbinding recommendations. Upon return to regular council rules, the president may entertain a motion to adopt such recommendations individually or in gross. Any Councilmember may request separate consideration of any item.

Inaction. If the council takes no action on a recommendation by adjournment, the matter shall return to the appropriate committee without recommendation.

Journal entry. The proceedings of the council while operating in committee of the whole shall be recorded in the official council journal. (Ord. No. 2025-17(25-O-1291), § 2, 6-11-25)

Secs. 2-107—2-130. Reserved.

Subdivision I. Standing Committees

Sec. 2-131. Standing committees established.

There are established the following standing committees of the city council, which each shall consist of not less than five nor more than seven members of the council, including a chair and vice-chair:

Sec. 2-132. Appointment; term; vacancy.

Charter reference—Council president to make committee appointments, § 2-203(3).

Sec. 2-133. Operations; procedures.

Sec. 2-134. Powers and duties.

All communications needing confirmation by the council shall be referred to both the committee(s) of purview and the committee on council.

Charter reference—Introduction and adoption of ordinances on same date, § 2-402.

Sec. 2-135. Jurisdiction of standing committees.

Each of the standing committees may, on a quarterly basis, conduct a review of the department/agencies over which it has jurisdiction. Such review may include, but not be limited to review of management objectives, cost control mechanisms (i.e. financial-related audits, compliance audits, contractor/vendor audits, electronic data processing audits, performance audits and other special audits as needed) employee performance appraisal, and other areas that may be of concern. The standing committees of the council shall have jurisdiction as follows:

O-1157), §§ 2, 3, 4-26-17; Ord. No. 2017-21(17O-1174), §§ 1—5, 5-1-17; Ord. No. 2017-45(17-O1424), § 3, 7-26-17; Ord. No. 2018-36(18-O1479), § 9, 8-29-18; Ord. No. 2020-12(20-O1140), § 3, 2-11-20; Ord. No. 2020-28(20-O1356), §§ 1, 2, 6-9-20; 2021-32(21-O-0394), § 9, 7-14-21; Ord. No. 2022-46(22-O-1872), § 1, 12-1322; Ord. No. 2023-06(23-O-1056), § 1, 2-13-23; Ord. No. 2025-47(25-O-1664), § 1, 12-1-25)

Sec. 2-136. Remarks from public.

Each standing committee shall hear remarks from the public at its regularly scheduled meetings and at non-regularly scheduled meetings including work sessions, provided that the chairperson may limit receipt of such remarks to legislation pending before such committee; may bar comments pertaining to legislation for which public hearings have been held; may rule out of order personal, abusive, or indecorous language; and may further limit the time allotted to each person to no less than one minute, provided that the chairperson shall provide at least one minute per person prior to the committee taking action on the first legislative item appearing on the agenda. (Ord. No. 1996-34, § 3, 6-12-96; Ord. No. 201767(17-O-1674), § 1, 11-6-17; Ord. No. 2018-62(18O-1587), § 1, 12-12-18)

Subdivision II. Advisory Type Committees

Sec. 2-137. Definitions.

An advisory type committee is assembled by a sitting councilmember serving on a germane standing committee and endorsed by city council through legislation. It is composed of stakeholders, councilmembers, and/or citizens who meet regularly to discuss a particular issue/initiative and provide policy recommendations to the same germane standing committee. (Ord. No. 2005-06, § 3, 1-27-05)

Sec. 2-138. Required.

Secs. 2-139—2-150. Reserved.

DIVISION 4. STAFF*

Sec. 2-151. Sergeant at arms.

*Charter reference—Council staff, § 2-308. Cross references—Municipal clerk, § 2-266 et seq.; officers and employees, § 2-781 et seq.; employee benefits, § 2-841 et seq.; personnel, ch. 114.

Sec. 2-152. Council assistants.

City council assistant means any employee of a councilmember 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 114476 and who thereby receives the same benefits afforded to regular city employees.

Sec. 2-153. Reserved.

Editor’s note—Ord. No. 2002-22, § 1, approved March 26, 2002, repealed § 2-153 in its entirety. Formerly said section pertained to the auditor position. See the Code Comparative Table.

Secs. 2-154—2-159. Reserved.

DIVISION 5. MUNICIPAL CLERK*

Sec. 2-160. Duties generally.

complete and accurate index thereto, to be made available for public inspection at any time during regular business hours. The municipal clerk shall be responsible for the duplication of all proposals and resolutions introduced before the council and distribution thereof to all members of council and to all heads of departments whose departments are affected thereby. The municipal clerk shall attest and affix the seal of the council to all documents, warrants and subpoenas issued by the president or by the council and shall certify to the passage of all ordinances and resolutions. (Code 1977, § 1-2002(b), (c); Ord. No. 2002-71, § 1, 9-16-02)

Note—Formerly § 2-266.

Sec. 2-161. Deputy clerks.

The municipal clerk shall have the power to designate one or more deputy clerks within the municipal clerk's office who shall sign all papers or documents as may be required during the absence of the municipal clerk. In the absence of the municipal clerk, the deputy clerks, whether one or more, shall have all the authority exercised by the municipal clerk under sections 2-266 and 2-267 and are authorized to sign any document to which the signature of the municipal clerk is necessary, using their own names but adding the term "deputy municipal clerk." The signature of the deputy municipal clerk, when so signed, shall be recognized and given all force and effect of the signature of the municipal clerk. (Code 1977, § 1-2003; Ord. No. 2002-71, § 1, 9-16-02)

Note—Formerly § 2-267.

Sec. 2-162. Staff members and assistants.

The council shall employ such staff members and assistants of the municipal clerk as the council shall determine to be necessary in order to carry out the functions and responsibilities of the office of the municipal clerk. (Code 1977, § 1-2004; Ord. No. 2002-71, § 1, 9-16-02)

Note—Formerly § 2-268.

Sec. 2-163. Official seal.

The municipal clerk shall have and use an official seal, which shall be affixed to all docu-ments certified by the municipal clerk or any of the municipal clerk's deputies acting in the municipal clerk's stead, under and in accordance with authority delegated by the Charter and related state laws and ordinances of the city. (Code 1977, § 1-2005; Ord. No. 2002-71, § 1, 9-16-02)

Note—Formerly § 2-269.

Sec. 2-164. Books and accounts, television tape of council meetings.

Note—Formerly § 2-270. Cross reference—Records management, § 2-1781 et seq. State law reference—Records retention, O.C.G.A. § 5018-90 et seq.

Sec. 2-165. Issuance of orders, notices, other instruments.

The municipal clerk shall issue all orders, summonses, notices or other instruments which may be required by the council. (Code 1977, § 1-2007; Ord. No. 2002-71, § 1, 9-16-02)

Note—Formerly § 2-271.

Sec. 2-166. Copying, certifying and transmitting copies of ordinances to appropriate persons.

The municipal clerk shall make or cause to be made copies of all ordinances adopted, all amendments to ordinances that may be adopted and approved and to certify and transmit them to the heads of the departments charged with the enforcement of these ordinances or amended ordinances. When these ordinances provide penal-ties for the violation thereof, copies shall be transmitted to the judges of the municipal court in the same manner. (Code 1977, § 1-2008; Ord. No. 2002-71, § 1, 9-16-02)

Note—Formerly § 2-272.

Sec. 2-167. Charges for copies of documents.

Note—Formerly § 2-273. Cross reference—Records management, § 2-1781 et seq.

Sec. 2-168. Transfer of historical records.

Note—Formerly § 2-274. Cross reference—Records management, § 2-1781 et seq.

Sec. 2-169. [Guidelines for administrative corrections.] Administrative corrections to legislation that has been adopted by the council and approved by the mayor shall only be made by the municipal clerk or designee, and only under certain circumstances. All such corrections shall be clerical in nature, so as to correct errors such as misspelled words, inconsistent references within legislation, incorrect incorporation of amended language, incorrect grammar and incorrect account numbers, but shall not change the meaning or intent of the legislation in any way. All such corrections shall be made only at the request of a councilmember or the affected department head, in consultation with, and to be approved by, the research and policy analyst who staffs the council committee with jurisdiction over the subject matter of said legislation. In the case of an account number correction, the request shall also be approved by the research and policy analyst(s) for the finance/executive committee. Only one request per legislation will be authorized and only one request is necessary to execute multiple corrections to a piece of legislation. Zoning, comprehensive development plan, and dollar amount changes shall be expressly prohibited from being corrected administratively.

The following guidelines shall be followed regarding administrative corrections to adopted legislation.

Note—Formerly § 2-275.

Secs. 2-170—2-175. Reserved.

ARTICLE III. MAYOR* DIVISION 1. GENERALLY

Sec. 2-176. Execution of contracts.

The mayor shall execute all contracts approved by the council not more than 90 days from the date of adoption of the ordinance or resolution authorizing the contract and shall indicate, in writing, to the president and members of the city council the reasons why the contract has not been executed. (Code 1977, § 2-1002; Ord. No. 2007-05 (06-O0381), § 1, 1-22-07)

Sec. 2-177. Delegation of authority to execute documents to president or president pro tempore of council.

Charter reference—Delegation of powers and duties, § 3-105.

*Cross references—Executive branch offices, § 2-231 et seq.; officers and employees, § 2-781 et seq.; employee benefits, § 2-841 et seq.; contingency fund for mayor, § 2-924; elections, ch. 66; personnel, ch. 114; city employees required to resign prior to filing candidacy for office of mayor, president of city council, or office of councilperson, § 114-2.

Sec. 2-178. Seal of mayor.

Sec. 2-179. Emeritus mayor.

Sec. 2-180. Additional functions of chief operating officer and chief of staff.

In addition to the responsibilities and duties specified by the Charter, the chief operating officer and chief of staff shall:

Charter reference—Functions of chief operating officer and chief of staff, §§ 3-106, 3-202.

Sec. 2-181. Emergency powers of mayor regarding offenses.

No emergency power as set forth in this section may be effective for more than 72 hours after the declaration of an emergency. Powers as set forth in this section may be exercised during such further emergency period, but never for more than 72 hours in one declared emergency period. No emergency period shall extend beyond the next regular or special meeting of the council.

Cross reference—Offenses and miscellaneous provisions, ch. 106.

Sec. 2-182. Powers of mayor in addition to other powers in Charter and Related Laws.

The mayor, in addition to other powers enumerated in the Charter and Related Laws, shall have the following powers:

Sec. 2-183. Department heads under supervision and direction of mayor; exception; responsibilities.

Sec. 2-184. Appointment of department heads upon vacancy.

Sec. 2-185. Transition and inauguration.

Secs. 2-186—2-189. Reserved.

Sec. 2-190. Department of the mayor; executive office of the mayor; administrative functions.

Sec. 2-191. Functions and duties of office of communications.

The functions and duties of the office of communications shall include:

Sec. 2-192. Functions and duties of office of constituent services.

The functions and duties of the office of constituent services are to provide a direct link between the citizens of Atlanta and the office of the mayor. The office of community affairs shall work with city departments to resolve citizen complaints; give citizens an avenue to voice their concerns and suggestions on the improvement of city services; provide information and make appropriate service referrals; work with citizen, neighborhood and community organizations to resolve community issues; oversee the aging commission; coordinate activities to ameliorate the condition of homelessness on behalf of city government; and coordinate and staff the city's volunteer programs for city employees. (Ord. No. 2002-71, § 8, 9-16-02; Ord. No. 202012(20-O-1140), § 11, 2-11-20)

Sec. 2-193. Functions and duties of office of contract compliance.

The functions and duties of the office of contract compliance shall include:

Sec. 2-194. Functions and duties of office of violence reduction.

The functions and duties of the office of violence reduction shall be to:

Sec. 2-195. Functions and duties of the Atlanta Workforce Development Agency.

The functions and duties of the Atlanta Workforce Development Agency shall include:

Sec. 2-196. Functions and duties of office of one Atlanta.

The functions and duties of the office of one Atlanta shall include:

Editor’s note—Ord. No. 2025-42(25-O-1610), § 2, approved Nov. 25, 2025, repealed the former § 2-196, and enacted a new § 2-196 as set out herein. The former § 2-196 pertained to Organization; functions and duties of office of equity, diversity, and inclusion and derived from Ord. No. 202150(21-O-0702), § 2, 10-12-21; Ord. No. 2022-28(22-O-1635), § 2, 8-23-22; Ord. No. 2022-46(22-O-1872), § 3, 12-13-22.

Sec. 2-197. Function and duties of office of intergovernmental affairs.

The functions and duties of the office of intergovernmental affairs shall include:

Sec. 2-198. Functions and duties of the office of special events.

The functions and duties of the office of special events shall be to administer the outdoor festivals ordinance, as it may be amended from time to time, under the supervision of the chief of staff. (Ord. No. 2002-71, § 14, 9-16-02)

Sec. 2-199. Functions and duties of office of emergency management.

The functions and duties of the AtlantaFulton County Office of Emergency Management shall be to conduct, administer and coordinate emergency preparedness programs, including programs for homeland security preparedness, civil disaster, mutual aid and support, emergency medical services and rescue assistance, in cooperation with other local, state and national resources. (Ord. No. 2002-71, § 15, 9-16-02)

Sec. 2-200. Functions and duties of the City of Atlanta Office of Entertainment.

The City of Atlanta Office of Entertainment shall be responsible for administering the entertainment filming ordinance in a manner that facilitates the entertainment industry's work in Atlanta and makes Atlanta a best-in-class destination for entertainment production. In addition, the Office's functions and duties may include without limitation:

Sec. 2-201. Function and duties of office of international and immigrant affairs.

Sec. 2-202. Function and duties of office of sustainability and resilience.

The functions and duties of the office of sustainability and resilience shall be to lead sciencebased analysis informed by the community to establish, develop, implement, and promote, policies, programs, regulations, and initiatives related to environmental sustainability, climate resilience, environmental justice, resource management, waste diversion and food security including, but not limited to:

Secs. 2-203—2-219. Reserved.

Sec. 2-220. Departments divided into bureaus or offices.

Sec. 2-221. Qualifications of heads of departments, bureaus and offices.

Sec. 2-222. Organization of executive branch.

There shall exist in the executive branch of government, in addition to the executive office of the mayor, the following departments, bureaus and offices:

O-1568), § 8, 11-16-16; Ord. No. 2017-14(17-O1157), § 1, 4-26-17; Ord. No. 2018-36(18-O1479), § 5, 8-29-18; Ord. No. 2019-36(19-O1159), § 2, 6-24-19; Ord. No. 2020-12(20-O1140), § 2, 2-11-20; Ord. No. 2020-18(20-O1175), § 1, 3-11-20; Ord. No. 2020-31(20-O1378), § 1, 6-24-20; 2021-32(21-O-0394), § 2, 7-14-21; Ord. No. 2023-06(23-O-1056), § 2, 2-1323)

Sec. 2-223. Department of aviation.

The organizational structure of the department of aviation shall be codified in chapter 22 of the Code of Ordinances. (Ord. No. 2002-71, § 21, 9-16-02)

Sec. 2-224. Department of corrections.

The organizational structure of the department of corrections shall be as codified in chapter 98 of the Code of Ordinances. (Ord. No. 2002-71, § 22, 9-16-02)

Sec. 2-225. Functions and duties of the department of customer service.

The functions and duties of the department of customer service shall include:

Sec. 2-226. Offices in the department of enterprise asset management.

The department of enterprise asset management shall consist of the following offices:

Sec. 2-227. Functions and duties of the department of enterprise asset management.

The functions and duties of the department of enterprise asset management shall include:

Sec. 2-228. Department of fire.

The organizational structure of the department of fire shall be as codified in chapter 78 of the Code of Ordinances. (Ord. No. 2002-71, § 23, 9-16-02; Ord. No. 2018-36(18-O-1479), § 5, 8-29-18)

Sec. 2-229. Department of finance.

The structure, duties and functions of the department of finance shall be as those codified in Articles 3 and 6 of the Charter and Articles VI and IX of chapter 2 of the Code of Ordinances. (Ord. No. 2002-71, § 24, 9-16-02; Ord. No. 2018-36(18-O-1479), § 5, 8-29-18)

Sec. 2-230. Department of grants and community development.

The department of grants and community development to be headed by the commissioner of grants management; said department to be composed of the following offices:

Editor’s note—Ord. No. 2020-12(20-O-1140), § 2, adopted Feb. 11, 2020, amended art. V by enacting new provisions to read as herein set out in §§ 2-230 and 2-231. The former §§ 2-230—2-234 were subsequently renumbered as §§ 2-232— 2-236.

Sec. 2-231. Functions and duties of the department of grants and community development.

The functions and duties of the department of grants and community development shall include:

Editor’s note—See editor's note following § 2-230.

Sec. 2-232. Additional qualifications of commissioner of department of human resources.

In addition to the general qualifications in section 2-221, the commissioner of the department of human resources shall possess public or private employment experience in at least two of the following fields at a management level for a minimum of two years: workforce planning, affirmative action/ diversity, recruitment, classification and compensation, employee development and training, employee and labor relations, management, policy development, human resource information systems, or employee assistance. (Ord. No. 2002-71, § 25, 9-16-02; Ord. No. 2018-36(18-O-1479), § 5, 8-29-18; Ord. No. 202012(20-O-1140), § 2, 2-11-20)

Editor’s note—Formerly § 2-230. See editor's note following § 2-230.

Sec. 2-233. Additional duties of commissioner of department of human resources.

In addition to the duties related to the administration of the department, the commissioner of human resources shall also provide direction for:

Editor’s note—Formerly § 2-231. See editor's note following § 2-230.

Sec. 2-234. Functions and duties of the department of information technology.

The functions and duties of the Department of Atlanta Information Management ("AIM") shall include:

Editor’s note—Formerly § 2-232. See editor's note following § 2-230.

Sec. 2-234.1. Data handling policy.

This policy applies to all Department of Atlanta Information Management ("AIM") and city employees, contractors/vendors, and partners that provide IT services to the City of Atlanta government, have access to electronic discovery resources or that have access to City of Atlanta privileged information. Collectively for the purpose of this section ("data employees").

This policy should be regularly reviewed in conjunction with City of Atlanta Information Classification Policy; City of Atlanta Records Management Policy; City of Atlanta Electronic Retention Policy; introduction of new software and City of Atlanta Electronic Communications Policy.

All data employees shall adhere to and are responsible for the following:

All employees, contractors/vendors, and partners shall report any infraction or suspected infraction of this standard to their supervisor and division director and chief security officer immediately.

All employees, contractors/vendors and partners shall be subject to disciplinary action, up to and including dismissal, termination of contract, in conformance with the provisions of the Code of Ordinances of the City of Atlanta, Georgia for failure to conform to this policy. Violations of this policy may also serve as grounds for revocation of the privilege to use one or more of the resources. In addition, if applicable, violations of this policy may be referred to the appropriate authorities for criminal/civil prosecution. (Ord. No. 2013-07(13-O-0279), § 1, 2-27-13; Ord. No. 2015-27(15-O-1212), § 3, 6-10-15; Ord. No. 2018-36(18-O-1479), § 5, 8-29-18; Ord. No. 202012(20-O-1140), § 2, 2-11-20)

Editor’s note—Formerly § 2-232.1. See editor's note following § 2-230.

Sec. 2-235. Additional qualifications of chief technology officer.

In addition to the general qualifications in section 2-221, the chief information officer shall possess a master's degree in business or public administration, computer science, information technology or a closely related field and five years of progressively responsible supervisory experience in information technology management or an equivalent combination of education, training, and experience. (Ord. No. 2002-71, § 28, 9-16-02; Ord. No. 2018-36(18-O-1479), § 5, 8-29-18; Ord. No. 202012(20-O-1140), § 2, 2-11-20)

Editor’s note—Formerly § 2-233. See editor's note following § 2-230.

Sec. 2-236. Department of law.

The structure, duties and functions of the law department shall be as prescribed in Article 3 of the Charter and article VI, division 3 of chapter 2 of the Code of Ordinances. (Ord. No. 2002-71, § 29, 9-16-02; Ord. No. 2018-36(18-O-1479), § 5, 8-29-18; Ord. No. 202012(20-O-1140), § 2, 2-11-20)

Editor’s note—Formerly § 2-234. See editor's note following § 2-230.

Sec. 2-237. Functions and duties of the department of labor and employment services.

The functions and duties of the department of labor and employment services shall include:

Sec. 2-238. Additional qualifications of commissioner of department of city planning; additional duties.

Sec. 2-239. Offices in the department of city planning.

The department of city planning shall consist of the following offices:

Sec. 2-240. Functions and duties of the office of buildings.

The functions and duties of the office of buildings shall include:

Sec. 2-241. Functions and duties of the office of zoning and development.

The functions and duties of the office of zoning and development shall include:

Sec. 2-242. Reserved.

Editor’s note—Ord. No. 2020-18(20-O-1175), § 3, approved March 11, 2020, repealed § 2-242, which pertained to functions and duties of office of mobility planning and derived from Ord. No. 2002-71, § 35, 9-16-02; Ord. No. 2016-21(16O-1346), § 6, 6-29-16.

Sec. 2-243. Functions and duties of office of housing and community development.

The functions and duties of the office of housing and community development shall include:

Sec. 2-243.1. Reserved.

Editor’s note—Ord. No. 2011-57(11-O-1768), § 3, adopted December 14, 2011, repealed ;;s 2-243.1, which pertained to functions and duties of bureau of code compliance. See also the Code Comparative Table.

Sec. 2-244. Office of design.

The functions and duties of the office of design shall include:

Editor’s note—Ord. No. 2016-21(16-O-1346), § 8, adopted June 29, 2016, added § 2-244 to the Code and renumbered the remaining sections of this article to read as herein set out.

Sec. 2-245. Department of police.

The structure, duties and functions of the police department, shall be as prescribed in chapter 98 of the Code of Ordinances. (Ord. No. 2016-21(16-O-1346), § 9, 6-29-16)

Editor’s note—Formerly 2-244.

Secs. 2-246—2-249. Reserved.

Sec. 2-250. Functions and duties of the department of procurement.

The functions and duties of the department of procurement and the chief procurement officer shall include:

Sec. 2-251. Additional qualifications of the chief procurement officer.

In addition to the general qualifications specified in section 2-221, the chief procurement officer shall possess a master's degree in business administration, public administration or marketing; five years prior experience as a chief procurement officer or a deputy chief procurement officer in a contracting or procurement system of comparable size and scope. The require-ment of a master's degree may be substituted by a bachelor's degree in the same field(s), plus ten year's managerial experience in public or corporate purchasing operations, marketing, or contract administration. (Ord. No. 2002-71, § 40, 9-16-02)

Sec. 2-252. Bond of chief procurement officer.

The chief procurement officer and the chief procurement officer's signatory designee shall individually give a bond in the sum of $150,000.00 payable to the city, conditioned upon the faithful performance by the official of all duties devolved upon such official and for the faithful accounting to the city for all goods and money that may come into the hands of such official and to indemnify and hold the city harmless for and on account of all the acts of such official in the performance of such official's duties. This bond shall be given by the official before entering upon the discharge of duties and shall be maintained by the official during the official's term of office. The city shall pay the premium on the bond. (Ord. No. 2002-71, § 41, 9-16-02; Ord. No. 2007-05 (06-O-0381), § 2, 1-22-07)

Secs. 2-253—2-260. Reserved.

Sec. 2-261. Offices in the department of public works.

The department of public works shall be composed of the following offices:

Sec. 2-262. Reserved.

Editor’s note—Ord. No. 2020-31(20-O-1378), § 3, adopted June 24, 2020, repealed § 2-262, which pertained to additional qualifications of commissioner of department of public works; additional duties and derived from Ord. No. 2002-71, § 46, 9-16-02.

Sec. 2-263. Reserved.

Editor’s note—Ord. No. 2020-31(20-O-1378), § 4, adopted June 24, 2020, repealed § 2-263, which pertained to functions and duties of the office of transportation and derived from Ord. No. 2002-71, § 47, 9-16-02; Ord. No. 2007-56(07-O1899), § 6, 9-24-07.

Sec. 2-264. Functions and duties of the office of solid waste services.

The functions and duties of the office of solid waste services are to:

Editor’s note—Ord. No. 2007-56(07-O-1899), § 16, adopted Sept. 24, 2007, amended the title of § 2-264 to read as herein set out. Formerly, said section pertained to functions and duties of the bureau of solid waste services.

Sec. 2-265. Functions and duties of the office of fleet services.

Secs. 2-266—2-279. Reserved.

Sec. 2-280. Department of watershed management.

Sec. 2-281. Department of transportation.

Sec. 2-282. Functions and duties of office of mobility strategy, planning, and performance.

The functions and duties of office of mobility strategy, planning, and performance shall include:

Sec. 2-283. Functions and duties of office of capital project delivery.

The functions and duties of the office of capital project delivery shall include:

Sec. 2-284. Functions and duties of office of transportation infrastructure management.

The functions and duties of the office of transportation infrastructure management shall include:

Sec. 2-285. Functions and duties of office of engineering.

The functions and duties of the office of engineering shall include:

Secs. 2-286—2-300. Reserved.

ARTICLE VI. DEPARTMENTS* DIVISION 1. GENERALLY

Sec. 2-301. Functions not specifically enumerated to be assigned to a department by administrative order.

Any function which by the Charter of the city is given to the mayor and/or the executive branch of government, which function is not enumerated as being the specific function of a specific department, shall be assigned by the mayor to a department, bureau or office by administrative order. (Ord. No. 2002-71, § 59, 9-16-02)

Secs. 2-302—2-320. Reserved.

DIVISION 2. DEPARTMENT OF FINANCEt Subdivision 1. General Provisions

Sec. 2-321. Designation of ex officio marshal and treasurer; deputizing employees as deputy marshals, revenue collectors and license inspectors.

Cross references—Executive branch offices, § 2-231 et seq.; department contingency funds, § 2-925; office of contract compliance, § 2-1381 et seq.; department of aviation, § 22-26 et seq.; department of fire, § 78-26 et seq.; department of police, § 98-26 et seq.; auxiliary police unit, § 98-106 et seq.; department of corrections, § 98-151 et seq.; department of parks and recreation, § 110-31 et seq.

tCharter reference—Department of finance, app. IV, §§ 1(d), 19 et seq.

Cross reference—Finance, § 2-906 et seq.

Charter reference—Chief financial officer to be ex officio marshal and treasurer, § 6-103(e), (g).

Sec. 2-322. Oath of employee serving as ex officio marshal, deputy treasurer.

The employee or employees in the department of finance serving as ex officio marshal and deputy treasurer shall take and subscribe to an oath to uphold all the laws of the state and faithfully to perform the duties of office in addition to the oath required of public officials by the laws of the state. Such official shall have authority to conduct investigations, serve warrants and make arrests in the performance of these duties. (Code 1977, § 7-1014; Ord. No. 2005-19, § 1, 3-25-05; Ord. No. 2007-28(07-0-0712), § 1, 5-29 07)

Sec. 2-323. Investing of city funds.

The general investment portfolio is the largest portfolio, consisting of 16 funds that make up the concentration account. This portfolio encompasses the city's primary operating funds which include the general fund as well as various enterprise funds. The general investment portfolio shall be diversified by maturity date and structured to meet all anticipated net outflows that are projected to occur.

This policy shall be made available to anyone who has management responsibility for city funds, and in the absence of their specific investment policy, or not being otherwise governed by state law, this policy shall prevail. With respect to the funds of non-profit corporations that are established by city resolution and act as instrumentalities of the city, it is recommended that the city's investment policy be followed.

Bond funds—Funds established with the proceeds from specific bond issues when it is determined that segregating these funds from the pooled funds portfolio will result in maximum interest earnings retention under the provisions of the Tax Reform Act of 1986.

Bond reserve funds—Funds set at prescribed levels by certain bond ordinances to pay principal and/or interest if required to prevent default.

General Employee's Pension Fund;

Firefighters Pension Fund;

Police Officers Pension Fund.

Endowment funds—Funds given to the city with the instructions that the principal is to remain intact, unless otherwise agreed to, and the income generated by the investments will be used for specified purposes.

Formal written procedures shall also include but not be limited to:

"Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived."

Investments not listed below, including collateralized mortgage obligations and reverse repurchase agreements, are strictly prohibited. In addition, the investment officers may at times restrict or prohibit the purchase of specific issues due to current market conditions.

An investment that requires a minimum rating under this section does not qualify, as an authorized investment during the period the investment does not have the minimum rating. The city shall take all prudent measures consistent with this investment policy to liquidate an investment that does not have the minimum rating.

The following securities are authorized under O.C.G.A. § 36-83-4:

In order to be considered for approval, firms will be required to provide:

Financial institutions and broker/dealers will be evaluated semi-annually to determine financial stability and degree of service.

No public deposit shall be made except in a qualified public depository as established by state law.

In situations where the exact security being offered is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security.

All bid and offers received shall be documented and retained on individual trade tickets or in trade logs. It shall be the responsibility of the investment officer associated with the transaction to record the following minimum information: Financial institution selected, rate quoted, security description, cover bids/offers, and special considerations in the event that the lowest priced security was not selected.

The city requires that all securities purchased under the terms of a repurchase agreement be assigned to the city, with clearly marked evidence of ownership through safekeeping receipts. Dealers and financial institutions wishing to transact repurchase agreements with the city will be required to sign the a master repurchase agreement, subject to approval by the city, which details eligible collateral, collateralization ratios, standards for collateral custody and control, collateral valuation, rights of substitution, and conditions for agreement termination.

Collateral will always be held by an independent third party with whom the city has a current custodial agreement and shall be reviewed at least monthly to ensure that the market value of the pledged securities is adequate. The right of collateral substitution may be granted after obtaining prior approval from the city.

The city shall seek to ladder the maturities of the portfolio to correspond with known liquidity needs, taking into consideration large reoccurring expenditure items such as payroll and bond disbursements. The city shall seek to maintain a weighted-average maturity of the total portfolio not to exceed five years and shall limit the maturity of any single security to five years.

The city's investment portfolios, in aggregate, should be diversified to limit market and credit risk in general accord with the following limitations:

Maximum Investment Type Maturity** Ratings U.S. Treasuries 5 years S&P > AA/A-2 Moody's > Aa2/P-1 Fitch > AA/A-2 U.S. Agencies/Instrumen- 5 years S&P > AA/A-2 talities Moody's > Aa2/P-1 Fitch > AA/A-2 Obligations of other politi 5 years S&P > AA/A-2 cal subdivisions in the State Moody's > Aa2/P-1 of Georgia Fitch > AA/A-2 Other Municipal Securi 5 years S&P > AA/A-2 ties Moody's > Aa2/P-1 Fitch > AA/A-2 Repurchase Agreements 180 days S&P > AA/A-2 (Repos)

Moody's > Aa2/P-1 Fitch > AA/A-2 Portfolio Limitation MIN MAX 15% 100% 0% 75% 0% 25% 0% 25% 0% 50% Maximum Investment Type Maturity** Ratings Bankers Acceptances (BA's) 270 days S&P > AA/A-2 Moody's > Aa2ZP-l Fitch > AA/A-2 Local Gov't Investment N/A S&P > AA/A-2 Pools Moody's > Aa2/P-1 Fitch > AA/A-2 Certificates of Deposit 3 years S&P > AA/A-2 (CD's)

Moody's > Aa2/P-1 Fitch > AA/A-2 Portfolio Limitation MIN MAX 0% 10% 0% 40% 0% 25%

The above allocation levels are intended to serve as guidelines for the investment manager. The allocation may be adjusted in response to changing market conditions, cash flow requirements and the discretion of the chief financial officer.

Capital projects funds are further limited by certain arbitrage restrictions and specific bond covenants. Therefore, prior to investment of these funds, the likelihood of meeting rebate exceptions should be determined, and authorized investments as per the official bond statements shall be verified.

In certain instances, the city may incur a loss for accounting purposes in the sale of a security during a swap transaction. Such a loss will be considered acceptable only if the loss on the sale is expected to be smaller than the difference in yield advantage over the horizon period.

If a broker/dealer proposes a swap idea, that same broker/dealer shall be given a "last look" opportunity to match the lowest offer or highest bid.

While this policy prescribes various maximum and minimum limitations, it is intended primarily as a management tool. When the chief financial officer determines that an exception to one of the policy's numerical limits is in the best interest of the city, and is otherwise consistent with the investment policy, such exception is permitted so long as it is likewise consistent with applicable city, state and federal laws. All exceptions made to this policy and the appropriate explanation or justification for the exceptions shall be reported in the quarterly investment report.

Whenever an exception is caused by an inadvertent breach of these policies, that fact shall be reported in writing to the mayor and city council. Such report shall be made on a timely basis, but no later than five business days from the discovery date of the policy exception.

The above stated components of the portfolio performance reports can be adjusted at the discretion of the chief financial officer.

In addition, the portfolio shall be marked-tomarket monthly and a report shall be produced and distributed to the chief financial officer showing realized/unrealized gains and losses on the portfolio at the end of each monthly reporting period.

opportunities often occur as the spreads between different types of securities narrow or widen.

Sec. 2-324. Investments in predatory lenders and affiliates.

Secs. 2-325—2-340. Reserved.

Subdivision II. Chief Financial Officer*

Sec. 2-341. Oath, bond.

The chief financial officer shall qualify by taking an oath for the faithful performance of duties and by giving a bond to the city in the sum of $100,000.00, with good securities, subject to approval by the mayor, conditioned for the faithful performance of duties. (Code 1977, § 7-1011)

Sec. 2-342. Expenditures for continuing operation of city.

The chief financial officer, with the approval of the mayor and monthly report to the council, shall be authorized to make such expenditures of city funds as are deemed necessary and proper for the continuing operation of the city and its various departments, in accordance with good *Charter reference—Chief financial officer generally, § 3-304, and app. IV, § 18.

Cross references—Officers and employees, § 2-781 et seq.; employee benefits, § 2-841 et seq.; personnel, ch. 114.

businesslike practices, between July 1 and such time as the new general budget for the city is adopted by the mayor and council. (Code 1977, § 7-1018; Ord. No. 2003-70, § 3, 5-27-03; Ord. No. 2009-39(09-O-1109), § 1, 7-1309)

Note—Formerly § 2-343

Sec. 2-343. Copy of proposed budget and supporting legislation furnished to Councilmembers prior to submission for adoption.

It shall be the duty of the chief financial officer to furnish each member of the council a complete detailed copy of the proposed annual budget and legislation designed to support the proposed annual budget at least five days before the budget is submitted to the council for adoption. (Code 1977, § 7-1027; Ord. No. 2003-70, § 3, 5-27-03; Ord. No. 2010-19(10-O-0893), § 1, 5-2610; Ord. No. 2010-38(10-O-1241), § 1, 7-15-10)

Note—Formerly § 2-344 Charter reference—Mayor to submit proposed budget to council, § 6-302.

Sec. 2-344. Annual report.

It shall be the duty of the chief financial officer to supervise the details of the preparation of an annual report, and the chief financial officer is empowered to employ temporary personnel skilled in such matters if so desired. The committee on finance shall annually make suitable appropriations for the preparation of such annual report. (Code 1977, § 7-1028; Ord. No. 2003-70, § 3, 5-27-03)

Note—Formerly § 2-345

Sec. 2-344.1. Reports regarding variable rate debt obligations.

The chief financial officer shall provide a written report to the president and members of the city council setting forth the status of the interest rates associated with all outstanding variable rate debt of the city. This report shall be provided on a monthly basis and shall include the series of debt, the outstanding amount of debt, and the rate or rates associated with the debt during the immediately preceding month. (Ord. No. 2008-76(08-O-1751), § 1, 9-24-08)

Sec. 2-345. File of official newspaper advertisements; execution docket; record of sales.

It shall be the duty of the chief financial officer to keep the following:

Note—Formerly § 2-346

Sec. 2-346. Inventories of department property.

The chief financial officer shall require and it is made the duty of each department to make and keep continuous inventories of the property of the department and, at regular intervals and at any other time when in the judgment of the chief financial officer it is necessary, make reports of the inventories to the chief financial officer.

The chief financial officer shall make this property accounting one of the features of the bookkeeping system of such departments. (Code 1977, § 7-1021; Ord. No. 2003-70, § 3, 5-27-03)

Note—Formerly § 2-347

Sec. 2-347. Investigation of officers and employees.

The chief financial officer shall have the authority to investigate alleged irregularities on the part of any elected or appointed employee or officer whose salary is paid in whole or in part from the city treasury in any matters in which the city is or may be a party in interest. (Code 1977, § 7-1036; Ord. No. 2003-70, § 3, 5-27-03)

Note—Formerly § 2-348

Sec. 2-348. Records of bonds and revenue certificates.

Note—Formerly § 2-349

Sec. 2-349. Indexed record of streets on which curbing or sewers have been ordered.

The chief financial officer shall keep a record showing all the streets and portions of streets on which curbing or sewers have been ordered to be laid by the mayor and council, shall prepare suitable indexes to such records and shall keep these records in the office of the chief financial officer for the inspection of the public. However, this section shall not be construed as seeking to interfere with ordinances or provisions of the Charter and related state laws respecting the time of fixing the lien for the laying of curbing or sewers on streets or portions thereof, but this section is only intended for the convenience of the public who may desire to inspect the index for such information as it may furnish. (Code 1977, § 7-1025; Ord. No. 2003-70, § 3, 5-27-03)

Note—Formerly § 2-350

Sec. 2-350. Reserved.

Editor’s note—Ord. No. 2002-22, § 2, approved March 26, 2002, repealed § 2-351 in its entirety. Formerly said section pertained to preparation of audits on contracts. See the Code Comparative Table.

Note—Ord. No. 2003-70, § 3, adopted May 27, 2003, renumbered § 2-351 as 2-350.

Sec. 2-351. Authorization to issue commercial paper.

Secs. 2-352—2-369. Reserved.

Subdivision III. Offices

Sec. 2-370. Offices in the department of finance.

The department of finance shall be responsible to the mayor and to the council, and shall consist of the following offices:

Sec. 2-371. Office of budget and fiscal policy.

Sec. 2-372. Office of the controller.

Sec. 2-373. Office of the treasury, debt, and investments.

The functions and duties of the office of the treasury, debt, and investments shall be to oversee major functions of the city's financial position with primary responsibilities for the management of the city's debt, cash and investment functions to include debt management, long term financial plans, debt issuances, analysis and management of existing debt, cash flow, forecasting, liaising with financial advisors, bond rating agencies and investors, and maintaining banking relationships. The responsibilities of this office also include performing evaluations on the city's financial position and the development of recommendations to improve the city's finances. (Code 1977, § 7-1002(e); Ord. No. 2003-70, § 7, 5-27-03; Ord. No. 2005-19, § 1, 3-25-05; Ord. No. 2007-28(07-O-0712), § 3, 5-29-07; Ord. No. 201111(11-O-0350), § 3, 4-27-11; Ord. No. 2018-24(18O-1330), § 2, 6-27-18); Ord. No. 2020-35(20-O1397), § 3, 6-24-20; Ord. No. 2024-30(24-O1386), § 2, 8-19-24)

Sec. 2-374. Reserved.

Editor’s note—Ord. No. 2020-12(20-O-1140), § 9, approved Feb. 11, 2020, repealed § 2-374, which pertained to the office of grants management and derived from Code 1977, § 71002(f); Ord. No. 2003-70, § 8, 5-27-03; Ord. No. 2005-19, § 1, 3-25-05; Ord. No. 2007-28(07-O-0712), § 3, 5-29-07; Ord. No. 2018-24(18-O-1330), § 3, 6-27-18).

Sec. 2-375. Office of administrative and legislative services.

The office of administrative and legislative services manages all legislative functions, responses to open records requests, human resource administration, staff recruitment and training, background investigations, internal staff investigations, procurement, organizational design, space management, financial management and budget administration, invoice management, matters within the purview of city records management officer including the physical maintenance of records for city departments being transferred to and from any outsourced contractor. (Ord. No. 2005-19, § 1, 3-25-05; Ord. No. 200728(07-O-0712), § 3, 5-29-07; Ord. No. 2011-11(11O-0350), § 4, 4-27-11; Ord. No. 2018-24(18-O1330), § 4, 6-27-18; Ord. No. 2020-35(20-O1397), § 4, 6-24-20; Ord. No. 2024-30(24-O1386), § 2, 8-19-24)

Sec. 2-376. Office of financial systems services.

The functions and duties of the office of financial systems services shall include ensuring that the financial management systems comply with established policies including all information technology security requirements. The office of financial systems services shall also serve as the chief financial officer's principal interface with the licensor of the city's financial database management applications and the provider of maintenance and support for the financial database management applications as well as the Department of Atlanta Information Management, and shall develop, arrange and manage the independent verification and validation of new financial systems software and/or modifications to existing systems. (Ord. No. 2007-28(07-O-0712), § 4, 5-29-07; Ord. No. 2011-11(11-O-0350), § 5, 4-27-11; Ord. No. 2015-27(15-O-1212), § 4, 6-10-15; Ord. No. 202430(24-O-1386), § 2, 8-19-24)

Sec. 2-377. Office of revenue.

The functions and duties of the office of revenue shall include, but not be limited to: billing and collections including billing of fees, taxes, rents, etc.; managing accounts receivable, managing outside collection efforts, revenue auditing, and audits of business license fees and tax payments. (Ord. No. 2007-28(07-O-0712), § 4, 5-29-07; Ord. No. 2024-30(24-O-1386), § 2, 8-19-24)

Sec. 2-378. Office of enterprise risk management.

The office of enterprise risk management has responsibility for evaluating, identifying and analyzing potential risk exposures of the city and for recommending the most appropriate combination of risk control and risk financing techniques. This office also has responsibility for the administration of the Workers' Compensation Self-Insurance Program, oversees and implements policies and procedures which promote a safe work place via the safety program, ensures compliance with occupational safety requirements, has responsibility for overseeing and administering the Owner Controller Insurance Program (OICP), and directs the purchase and placement of all insurance coverage under the OICP, consisting of general liability, workers' compensation, excess liability, professional liability, pollution liability and builder's risk insurance. (Ord. No. 2011-11(11-O-0350), § 6, 4-27-11)

Sec. 2-379. Reserved.

Editor’s note—Ord. No. 2024-30(24-O-1386), § 2, adopted Aug. 19, 2024, repealed § 2-379, which pertained to the office of management consulting and derived from Ord. No. 201111(11-O-0350), § 7, 4-27-11.

Secs. 2-380—2-395. Reserved.

DIVISION 3. DEPARTMENT OF LAW*

Sec. 2-396. Authority of department.

The department of law is vested with complete and exclusive authority and jurisdiction in all *Charter references—Department of law generally, app. IV, §§ 1(g), 27, 28; city attorney, § 3-303.

matters of law relating to the executive branch of the city government and of every department, bureau, office, institution, commission, committee, board and other agency thereof. Every department, bureau, office, institution, commission, committee, board and other agency of the city government is prohibited from employing counsel in any manner whatsoever, unless otherwise specifically authorized by law, provided that the council is authorized, in its discretion, to employ directly, by contract and for specific assignments, legal counsel for the limited purpose of fulfilling its obligation to provide legislative oversight to the operations of the city. (Code 1977, § 4-1004)

Sec. 2-397. City attorney's power of appointment and removal of personnel; accountability.

The city attorney, as head of the department of law, shall have the power of appointing and removing all or any of the city attorney's assistant or associate city attorneys, claim attorneys, investigators and clerical assistants. The city attorney shall be accountable to the mayor and council for the faithful performance of duties. (Code 1977, § 4-2001)

Charter reference—Authority of department heads over department personnel, app. IV, § 2.

Sec. 2-398. City attorney's office.

The city attorney shall maintain an office in some centrally located building of the city attorney's choice in the city. (Code 1977, § 4-2010)

Sec. 2-399. Powers and duties of city attorney and assistants.

The city attorney, assistant or associate city attorney shall:

Sec. 2-400. Investigations directed by mayor or president of council.

The mayor or the president of the council may at any time direct the city attorney to conduct an investigation into the affairs of any city department or into the official conduct of any city official or employee or into the affairs of any person dealing with the city. (Code 1977, § 4-1005)

Sec. 2-401. Investigation of departments, boards and agencies and persons having dealings with city.

Sec. 2-402. Filing and prosecuting civil recovery actions.

The city attorney is authorized and empowered to file and prosecute civil recovery actions in the name of the city without prior authorization of the city council for those filings which are necessary to carry out the city's daily business; these actions include, but are not limited to, responsive pleadings in pending lawsuits including cross claims and counterclaims, bankruptcy claims, workers' compensation cases, account collection cases, breach of contract cases, appeals from administrative determinations, petitions for certiorari with any court of appropriate jurisdiction and cases in which the statute of limitations will extinguish a valid city claim before council approval can be obtained. (Code 1977, § 4-2004; Ord. No. 1999-41, 4-27-99)

Sec. 2-403. Representation of person or cause in conflict with city's interests.

Neither the city attorney nor any of the city attorney's assistants or associate city attorneys shall directly or indirectly represent, as attorney or counselor at law, any person or cause whose interests are in conflict with the interests of the city. (Code 1977, § 4-2006)

Sec. 2-404. Settlement of claims.

The city attorney shall have authority, without approval of the council, to settle all claims and suits for sums not to exceed $500.00 in each instance. Settlement of claims and suits in excess of $500.00 shall first be approved by the council. (Code 1977, § 4-2007)

Sec. 2-405. Condemnation proceedings.

Whenever the city attorney is authorized to institute condemnation proceedings for the acquisition of additional lands by the city for any public purpose, the city attorney may bring these condemnation proceedings under any law authorizing the proceeding. (Code 1977, § 4-2008)

Sec. 2-406. Real estate purchases.

When real estate is purchased by the city, the title search therefor shall be made by the city attorney or by a private attorney, whose qualifications are approved by the city attorney and who shall make a report to the city attorney. When the title to the real estate is acquired, it may be insured by a title insurance company licensed to do business in the state whenever deemed necessary or desirable. (Code 1977, § 4-2009)

Cross reference—Real estate acquisition, § 2-1541 et seq.

See. 2-407. Outside counsel.

The city attorney shall seek authorization from the council before hiring outside counsel where the fee for services exceeds or is expected to exceed $50,000.00 of the previously budgeted appropriations for the law department or if the law department needs to transfer fund from any other portion of the city budget.

The city attorney shall provide on a monthly basis in writing to all city councilmembers a list of all outside counsel currently retained-or engaged by the law department including whether the general type of work being performed or to be performed by such counsel is "civil" "criminal" or "transactional" in nature. (Ord. No. 2001-41, § 1, 6-13-01; Ord. No. 2004-03, § 1, 1-14-04)

Secs. 2-408—2-420. Reserved.

DIVISION 4. DEPARTMENT OF ADMINISTRATIVE SERVICES*

Sec. 2-421. Bonds of chief procurement officer and commissioner of administrative services.

The chief procurement officer and the commissioner of administrative services shall individually give a bond in the sum of $150,000.00 payable to the city, conditioned upon the faithful performance by the official of all duties devolved upon such official and for the faithful accounting to the city for all goods and money that may come into the hands of such official and to indemnify and hold the city harmless for and on account of all the acts of such official in the performance of such official's duties. This bond shall be given by the official before entering upon the discharge of *Charter reference—Department of administrative services, app. IV, §§ 1(a), 7—12.

duties and shall be maintained by the official during the official's term of office. The premium on the bond shall be paid by the city. (Code 1977, § 5-5022; Ord. No. 2002-71, § 42, 9-16-02) Secs. 2-422—2-425. Reserved.

Editor’s note—Ord. No. 2002-71, § 43, adopted Sept. 16, 2002, repealed §§ 2-422—2-425 in their entirety. Formerly, said sections pertained to bureau of general services director; bureau of management information systems director; bureau of motor transport services director; and bureau of purchasing and real estate director.

Secs. 2-426—2-440. Reserved.

DIVISIONS. RESERVED! Secs. 2-441—2-460. Reserved.

DIVISION 6. RESERVED! Secs. 2-461—2-480. Reserved.

DIVISION 7. RESERVED** Secs. 2-481—2-780. Reserved.

ARTICLE VII. OFFICERSAND EMPLOYEEStt DIVISION 1. GENERALLY Sec. 2-781. Official oath.

The following is the official oath to be assumed by all officials of the city who by law, except the tEditor’s note—Ord. No. 2002-71, § 42, adopted Sept. 16, 2002, repealed div. 5, §§ 2-441—2-444, in their entirety. Formerly said division pertained to the department of personnel and human resources.

^Editor’s note—Ord. No. 2002-71, § 42, adopted Sept. 16, 2002, repealed div. 6, §§ 2-461—2-463, in their entirety. Formerly said division pertained to the department of public works.

♦♦Editor’s note—Ord. No. 2002-71, § 42, adopted Sept. 16, 2002, repealed div. 7, §§ 2-481—2-485, in their entirety. Formerly said division pertained to the department of housing and community development.

tCharter reference—Civil service, § 3-501 et seq. Cross references—Lease of city owned houses to certain public officers, § 2-6; city council staff, § 2-151 et seq.; mayor, § 2-176 et seq.; executive branch offices, § 2-231 et seq.; municipal clerk, § 2-266 et seq.; chief financial officer, § 2-341 et seq.; employee benefits, § 2-841 et seq.; chief procurement officer, § 2-1136 et seq.; municipal court judges, § 62-27;

mayor and members of the council, are required to assume an oath of office, except the mayor and members of the council:

I,, do solemnly swear that I will faithfully and impartially perform the duties imposed upon me as during my continuance in office, without fear or favor, reward or the hope thereof, to the best of my ability.

I further swear that I will uphold and support the Ethics Code of the City of Atlanta, so help me God.

Sworn to and subscribed before me this day of.

Mayor (Code 1977, § 18-4001; Ord. No. 2002-54, §§ 1, 2, 6-20-02)

Sec. 2-782. Bonds of officials.

municipal court solicitor and assistants, § 62-28; municipal court public defender and assistants, § 62-29; municipal court clerk, § 62-34; personnel, ch. 114.

Sec. 2-783. Defense in civil litigation.

Further, where any such conflict of interest exists and a determination has been made as to which officers or employees shall be represented by the city attorney, the city in its discretion may by a resolution duly adopted and approved, authorize those officers or employees not represented by the city attorney to employ counsel at the expense of the city. However, the selection and compensation of such other counsel shall be subject to the prior approval by the city.

Editor’s note—Section 3 of Ord. No. 2002-7, approved March 5, 2002, states that the provisions of subsections 2-783(b), (h), and (h)(3) shall become effective Jan. 1, 2003.

Sec. 2-784. Treatment of employees at hospitals other than Grady Memorial in emergency situations.

Secs. 2-785—2-800. Reserved.

DIVISION 2. CODE OF ETHICS/STANDARDS OF CONDUCT *

Sec. 2-801. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agency means any board, bureau, body, commission, committee, department or office of the city, including any joint board to which the council or the mayor has appointment powers.

Business means any corporation, partnership, proprietorship, organization, self-employed individual and any other entity operated for economic gain, whether professional, industrial or commercial, and entities which for purposes of federal income taxation are treated as nonprofit organizations.

Direct ownership, leasehold or option interest in real property means the holding or possession of good legal or rightful title of property or the holding of real or beneficial use of the property by an official or employee, including any interest owned or held by the spouse of the official or employee if such interest is held jointly or as tenants in common.

*Editor’s note—Ord. No. 2023-14(22-O-1823), § 2, adopted April 26, 2023, amended the title of Div. 2 to read as herein set out. The former Div. 2 title pertained to standards of conduct.

Editor’s note—Ord. No. 2002-27, § 1, approved April 10, 2002, repealed and reenacted §§ 2-801—2-824 to read as herein set out. Formerly, said sections pertained to similar subject matter. See the Code Comparative Table.

Cross reference—Ethics in public contracting, § 2-1481 et seq.

Confidential information means information which has been obtained in the course of holding public office, employment, an independent contract or otherwise acting as an official or employee, and which information is not available to members of the public under state law or other law or regulation and which the official or employee is not authorized to disclose.

Filing means delivered to the municipal clerk by the end of the designated business day or, if the designated day is not a business day, the first business day thereafter or depositing in the United States mail, properly addressed, with adequate postage affixed, postmarked by the designated day; or any other method of delivery authorized by the board of ethics.

Financial interest means any interest which shall yield, directly or indirectly, a monetary or other material benefit to the official or employee, other than the duly authorized salary or compensation for the official's or employee's services to the city, or to any person employing or retaining the services of the official or employee or to the official's or employee's immediate family.

Gratuity means anything of value given by or received from a prohibited source; provided, however, that the term "gratuity" within the meaning of this division does not include any of the following:

Honorarium means a payment of money or anything of value for any service, including but not limited to an appearance, speech or article, or a series of appearances, speeches, or articles, if the subject matter is related to the official's or employee's official duties or the payment is made because of the official's or employee's status with the city.

Immediate family shall include the spouse, domestic partner registered under section 94-133, mother, father, sister, brother, and natural or adopted children of an official or employee.

Income means any money or item of value in excess of $5,000.00 received or to be received as a claim on any future services, including but not limited to fees, salaries or commissions.

Official or employee means any person elected or appointed to or employed or retained by the city or any agency, whether paid or unpaid and whether part time or full time. This definition includes retired employees or former city employees during the period of time in which they are later employed or retained by the city or any agency.

Personal interest means any interest arising from relationships with immediate family or from business, partnership or corporate associations, whether or not any financial interest is involved.

Prohibited source means any person, business or entity that an official or employee knows or should know:

Public entity means any office, agency, authority, department, commission, board, division, institution or other instrumentality of the state or any other state in the United States of America, local government, special purpose district, or the federal government of the United States of America. (Code 1977, § 18-2001; Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2006-48, § 1, 7-25-06; Ord. No. 2016-39(16-O-1550), § 1, 11-16-16)

Cross reference—Definitions generally, § 1-2.

Sec. 2-802. Purpose.

Sec. 2-803. Reserved.

Editor’s note—Ord. No. 2020-09(19-O-1729), § 4, adopted Feb. 6, 2020, repealed § 2-803, which pertained to reporting violations and derived from Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2002-44, § 1, 5-28-02; Ord. No. 2019-22(19-O-1038), § 2, 3-12-19.

Sec. 2-804. Reserved.

Editor’s note—Ord. No. 2020-09(19-O-1729), § 4, adopted Feb. 6, 2020, repealed § 2-804, which pertained to the board of ethics and independent compliance and derived from Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2002-45, § 1, 5-28-02; Ord. No. 2017-52(17-O-1490), § 1, 9-5-17; Ord. No. 201859(18-O-1662), § 1, 11-28-18; Ord. No. 2019-22(19-O-1038), § 2, 3-12-19; Ord. No. 2019-24(19-O-1149), § 1, 4-24-19; Ord. No. 2019-57(19-O-1477), § 1, 10-30-19.

Sec. 2-805. Reserved.

Editor’s note—Ord. No. 2020-09(19-O-1729), § 4, adopted Feb. 6, 2020, repealed § 2-805, which pertained to the ethics officer and derived from Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2011-48(11-O-1495), § 1, 11-16-11; Ord. No. 2019-22(19O-1038), § 2, 3-12-19; Ord. No. 2019-57(19-O-1477), § 3, 10-30-19.

Sec. 2-806. Reserved.

Editor’s note—Ord. No. 2020-09(19-O-1729), § 4, adopted Feb. 6, 2020, repealed § 2-806, which pertained to investigations and hearings and derived from Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2002-44, § 2, 5-28-02; Ord. No. 2019-22(19O-1038), § 2, 3-12-19; Ord. No. 2019-57(19-O-1477), § 3, 10-30-19.

Sec. 2-807. Reserved.

Editor’s note—Ord. No. 2020-09(19-O-1729), § 4, adopted Feb. 6, 2020, repealed § 2-807, which pertained to violations; appeals and derived from Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2019-22(19-O-1038), § 2, 3-12-19.

Sec. 2-808. Representing private interest before agencies.

No official or employee shall appear on behalf of private interests before any agency, except as a matter of public record in a court of law as provided by section 2-809 of this division. Councilmembers may appear on behalf of constituents or in the performance of public or civic obligations before any agency but only without compensation or remuneration of any kind. In no instance shall council members appear before the Zoning Review Board (ZRB) or the Board of Zoning Adjustment (BZA) on behalf of constituents or in the performance of their public or civic obligations; they may, however, appear in their own behalf, in relation to their own property interests. (Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 201446(14-O-1479), § 1, 10-29-14)

Sec. 2-809. Representing private interest before courts.

No official or employee shall represent any person or private interest in any action or proceeding in conflict with the interests of the city, in any litigation in which the city or any agency of the city is involved or is a party, or any action or proceeding in the municipal courts and traffic courts of the city involving any charges or violations in which the complainant is the city or any agency of the city or any official or employee thereof pertaining to the official's or employee's official duties. However, this section shall not restrict or prohibit any official or employee who is an attorney at law from appearing or participating as an attorney in the representation of a client in any action or proceeding in the municipal courts or the City Courts of Atlanta. (Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 200237, § 1, 5-28-02)

Sec. 2-810. Representation after separation from employment.

Sec. 2-811. Use of property and services.

No official or employee shall request, use or permit the use of any publicly owned or publicly supported property, vehicle, equipment, labor or service for the private advantage of such official or employee or any other person or private entity. However, no official or employee is prohibited from requesting, using or permitting the use of any city-owned or city-supported property, vehicle, equipment, material, labor or service which as a matter of city policy is made available to the public at large or which is provided as a matter of stated public policy for the use of officials and employees in the conduct of official city business. (Ord. No. 2002-27, § 1, 4-10-02)

Sec. 2-812. Participation in contracts.

No official or employee, including but not limited to those identified in section 2-813(b), shall participate directly or indirectly through decision making, approval, disapproval, recommendation, the preparation of any part of specifications or requests for proposal, influencing the content of any specification or contract standard, rendering advice, investigating, auditing or reviewing of any proceeding or application, request for ruling or other determination, claim or other matter pertaining to any contract or subcontract and any solicitation or proposal therefore or seek to influence the votes or decisions of others with respect thereto when the official or employee knows or with reasonable investigation should know that there is a financial or personal interest possessed by:

Cross reference—Ethics in public contracting, § 2-1481 et seq.

State law references—Voting upon questions by interested councilmembers, O.C.G.A. § 36-30-6; sale of city property to city officer or employee, O.C.G.A. § 16-10-6.

Sec. 2-813. Disclosure of interests.

State law reference—Voting upon questions by interested councilmembers, O.C.G.A. § 36-30-6.

Sec. 2-814. Disclosure of income and financial interests.

State law reference—Acceptance by public officers of monetary fees or honoraria, O.C.G.A. § 21-5-11.

Sec. 2-815. Disclosure of expense reimbursements.

Within 30 days of receipt of reimbursements authorized to be received under section 2-801 ["gratuity" definition, subsection (5)], any official or employee must report such reimbursements on a form to be developed and provided by the ethics officer. The form shall be filed with the municipal clerk, with a copy sent by the official or employee to the ethics officer. The form shall include the following:

Sec. 2-816. Passes, tickets and gratuities.

Sec. 2-817. Prohibition on giving or receiving gratuities.

Sec. 2-818. Solicitation.

No official or employee shall solicit or accept anything of value, in any form whatsoever, calculated to influence a vote, decision, or the exercise of official authority in any manner involving the city; provided, however, nothing in this section shall prohibit any official or employee from accepting a gift on behalf of the city which is properly reported to the board of ethics and the department of administrative services for addition to the inventory of property of the city. (Ord. No. 2002-27, § 1, 4-10-02)

Sec. 2-819. Disclosure of confidential information.

No official or employee shall disclose confidential information concerning the property, governing operations, policies or affairs of the city, except when required by state or federal law or by a court order or lawful subpoena, nor shall such official or employee use such confidential information acquired in an official capacity to advance the financial interest or personal interest of the official, employee or others in any instance where such would conflict with the best interest of the city. (Ord. No. 2002-27, § 1, 4-10-02)

Sec. 2-820. Incompatible interests.

Sec. 2-821. Loans.

Sec. 2-822. Persons handling city funds becoming surety, guarantor or endorser.

No official or employee who handles or controls any funds of the city shall, during the official's or employee's term or continuance in office, become surety, guarantor or endorser of any bond, note or other obligation for any person employed by the city, excluding a member of the official's or employee's immediate family, an adult child or a parent. (Ord. No. 2002-27, § 1, 4-10-02)

Sec. 2-823. Reserved.

Editor’s note—Ord. No. 2020-09(19-O-1729), § 8, approved Feb. 6, 2020, repealed § 2-823, which pertained to protection for reporting of violations and derived from Ord. No. 200227, § 1, 4-10-02; Ord. No. 2019-22(19-O-1038), § 7, 3-12-19.

Sec. 2-824. Reserved.

Editor’s note—Ord. No. 2020-09(19-O-1729), § 8, approved Feb. 6, 2020, repealed § 2-824, which pertained to effective date and interim provisions and derived from Ord. No. 2002-27, § 1, 4-10-02; Ord. No. 2002-52, § 1, 6-20-02; Ord. No. 2019-22(19-O-1038), § 8, 3-12-19.

Sec. 2-825. Mandatory ethics training.

Editor’s note—Ord. No. 2002-27, § 1, approved April 10, 2002, did not set out provisions for § 2-825. Formerly said section pertained to registration and disclosure of reports by lobbyists. Subsequently, Ord. No. 2014-36(14-Or-1369), § 1, approved July 30, 2014, added provisions designated as a new § 2-825. See the Code Comparative Table.

Sec. 2-826. Reserved.

Editor’s note—Ord. No. 2020-09(19-O-1729), § 9, approved Feb. 6, 2020, repealed § 2-826, which pertained to independent compliance officer/jurisdiction/training and derived from Ord. No. 2019-22(19-O-1038), § 9, 3-12-19; Ord. No. 2019-57(19O-1477), § 5, 10-30-19.

Secs. 2-827—2-829. Reserved.

Sec. 2-830. Purpose.

The purpose of this division is to set requirements and standards for the City of Atlanta Purchasing Card Program. The policy is not intended to replace current State of Georgia statutes but is intended to comply with such state laws and establish more efficient guidelines for elected officials designated executive officials/ employees using such purchasing cards. At no time should a city-issued purchasing card or credit card be used for personal purchases regardless of the circumstances. Utilizing the purchasing card or credit card for personal use or for any item or service not directly related to such official's public duty may result in disciplinary action including, but not limited to, felony criminal prosecution. All purchases utilizing a government purchasing card or government credit card must be in accordance with this division and with state law. (Ord. No. 2019-13(19-O-1004), § 1, 1-28-19)

Sec. 2-831. Scope.

This division, as required by state law under O.C.G.A. § 36-80-24(c), applies to the use of government purchasing cards or government credit cards used by the elected mayor and designated executive officials/employees authorized to be issued such government purchasing cards or government credit cards. (Ord. No. 2019-13(19-O-1004), § 1, 1-28-19)

Sec. 2-832. Authorized cardholders.

The below list of officials/departments have been authorized by the governing authority of the city to use such government purchasing cards or government credit cards and must abide by all of the applicable state laws and this purchasing card policy:

Authorized cardholders shall have 60 days to review the purchasing card bill to verify or dispute charges on the purchasing card. (Ord. No. 2019-13(19-O-1004), § 1, 1-28-19; Ord. No. 2024-24(24-O-1364), § 1, 8-5-24)

Sec. 2-833. Purchasing restrictions.

The following types of purchases and uses are strictly prohibited:

Sec. 2-834. Allowable purchases.

Elected officials may use government purchasing cards or government credit cards to purchase goods and/or services not prohibited by this policy or state law. Such purchases include, but are not limited to:

Sec. 2-835. Declared emergencies.

The city grants authority to forego requirements for needs arising from unforeseen causes. In cases involving the welfare for the citizens of Atlanta, public, extreme weather conditions, or official declared emergencies, the government purchasing card or government credit card may be used in assisting with emergency purchases as warranted by authorized cardholder. (Ord. No. 2019-13(19-O-1004), § 1, 1-28-19)

Sec. 2-836. Administrator.

Pursuant to Atlanta City Charter § 6-103(e), (g), the city designates the chief financial officer, as the program administrator of government purchasing cards or government credit cards. Such administrator shall:

Sec. 2-837. Legal consequences.

This division applies to the usage of the government purchasing card or government credit card. Elected officials and city employees who knowingly, or through willful neglect fail to comply with this division may be subject to termination of account privileges and face other disciplinary action. including termination of employment. Repeated misuse of the government purchasing card or government credit card. including for personal use may be considered fraud, waste, and/or abuse, which may result in revocation of credit card privileges and/or disciplinary action, up to and including termination of employment. The user must pay back any unauthorized expenses and may face criminal charges. (Ord. No. 2019-13(19-O-1004), § 1, 1-28-19)

Sec. 2-838. Violations.

The use of the government purchasing card or government credit card may be suspended or revoked when the chief financial officer, after consultation with the city attorney, determines that an authorized cardholder has violated this division. The government purchasing card or government credit card shall be revoked whenever an authorized cardholder is no longer employed with the city. (Ord. No. 2019-13(19-O-1004), § 1, 1-28-19)

Secs. 2-839—2-840. Reserved.

ARTICLE VIII. EMPLOYEE BENEFITS* DIVISION 1. GENERALLY

Sec. 2-841. Measures for increase of salaries or wages referred to committee on finance.

No increase in the salary or wage of any official or employee shall be made except prior to March 31 in any year and unless the motion or resolution or ordinance providing the increase shall have first been referred to the committee on finance and considered and reported on by that committee. All measures which provide for increases without such reference shall be declared out of order, and if passed without such reference, they shall be ignored and are declared void. (Code 1977, § 7-4110)

Sec. 2-842. Deduction from pensioner of certain amounts permitted for active employees.

The chief financial officer is authorized upon request by a person entitled to receive pension *Cross references—City council staff, § 2-151 et seq.; mayor, § 2-176 et seq.; executive branch offices, § 2-231 et seq.; municipal clerk, § 2-266 et seq.; chief financial officer, § 2-341 et seq.; officers and employees, § 2-781 et seq.; personnel, ch. 114.

benefits to deduct from such payments to the pensioner payments for federal tax, state tax, hospitalization insurance, life insurance, back pension deductions, credit union savings, credit union loans and any other deduction provided active employees of the city, if such deductions are approved by the board of trustees responsible for the disbursement of funds to such pensioner. (Code 1977, § 7-4097)

Sec. 2-843. Automobile allowances.

Editor’s note—Ord. No. 2000-32, § 1, approved May 23, 2000, amended the city's mileage reimbursement rate to read as herein set out. Further, said ordinance, § 2, stated that the city's reimbursement mileage rate will hereinafter be the same as the current IRS reimbursement rate, effective May 1, 2000.

Sec. 2-844. Credit union deduction from salaries or wages.

The city shall deduct from the salaries or wages of each employee such sums at such intervals as may be authorized by such employee to cover payments to the Atlanta City Employees' Credit Union, and the chief financial officer is authorized to pay the sums so deducted to the Atlanta City Employees' Credit Union. (Code 1977, § 7-4113)

Sec. 2-845. Employee suggestion program.

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Sec. 2-846. Supplemental pension payment.

Charter reference—Pension plan modifications, § 3-507.

Sec. 2-847. 1985 supplemental cost-of-living pension payment.

Charter reference—Pension plan modifications, § 3-507.

Sec. 2-848. Additional group life insurance-la) In addition to the group life insurance provided for, the mayor and council are authorized to contract for additional group life insurance sufficient to provide a maximum of $10,000.00 on the life of each officer or employee who was employed by the city as of May 31,1967, in such groups and in such classifications as the mayor and council deems proper, provided that the payment by the officer or employee shall not exceed $0.70 per $1,000.00 per month. The balance of the cost required to pay for such group insurance shall be paid by the city. No officer or employee shall be compelled to take such additional insurance, but if the officer or employee voluntarily elects to do so the chief financial officer shall be authorized to deduct the contributions of such officer or employee from the salary or wages of the officer or employee so insured. However, subsequent to May 31, 1967, no officer or employee shall be allowed to come under the group life insurance plan providing only a maximum of $10,000.00 on the life of each officer or employee.

Sec. 2-849. Annual appropriation for group life insurance.

The mayor and council are required to make an appropriation annually sufficient to cover the difference in the amount paid by the employee and the amount due the insurance company for the group life insurance plan. (Code 1977, § 7-4103)

Sec. 2-850. Health insurance.

Sec. 2-851. Personal accident insurance.

The mayor and council, with respect to those officers or employees who are required or who elect to come under the group life insurance plans as set forth in section 2-848, are authorized to contract for group personal accident insurance in the like amounts, as provided for the benefit of the officers or employees, or in such groups or classifications as the mayor and council may deem proper. The payment of not more than $0.70 per $1,000.00 per month, by the officers or employees, as provided for in section 2-848, shall include both group life insurance and group personal accident insurance. The balance of the cost required to pay such group personal accident insurance shall be paid by the city. (Code 1977, § 7-4105)

Sec. 2-852. Continuance of life, health and dental insurance while on leave of absence.

City officers and employees may continue their group life insurance and group health and dental benefits insurance, if they so desire, while on leave of absence from the employ of the city, provided that such leave of absence is granted for one of the following reasons:

Sec. 2-853. Persons ineligible to receive group life insurance.

Officers and employees employed on a casual or temporary basis with the city are not eligible for group life insurance. (Code 1977, § 7-4107)

Sec. 2-854. Dependent's life insurance.

In addition to other group life insurance provided for in section 2-848, the mayor and council are authorized to contract for group life insurance on the dependents of officers and employees in such amounts as provided for in the respective insurance plans, for the benefit of officers and employees, or in such amounts as the mayor and council may from time to time deem proper, provided that the full payment for dependent's life insurance shall be contributed by such officers and employees who elect coverage for their dependents. No officer or employee shall be compelled to take such additional insurance on dependents, but if the officer or employee elects to do so the chief financial officer shall be authorized to deduct the contributions of such officer or employee so insured if the officer or employee is an employee of the city. (Code 1977, § 7-4108)

Sec. 2-855. Employees' scholarship fund.

Sec. 2-856. Payment as witnesses.

Sec. 2-857. Reimbursement of convention, conference, training, travel and other expenses.

Communicating with representatives of local, regional, state and national governments on City of Atlanta adopted policy positions Participating in local, regional, state and national organizations whose activities affect the City of Atlanta interest Recognizing service to the City of Atlanta Membership dues are not an authorized expenditure except for memberships in those governmental, professional associations, and/or certifications related to employment with the city in which the city's memberships extends to its officials.

Unacceptable receipts include those from a "receipt or guest book" or handmade receipts.

The Internal Revenue Service defines qualified organizations as nonprofit groups that are religious, charitable, educational, scientific, or literary in purpose, or that work to prevent cruelty to children or animals.

Sec. 2-858. Domestic partnership benefits.

A city employee may apply for and obtain health and dental insurance benefits for a person registered as his or her domestic partner under chapter 94, article V hereof upon the following terms and conditions:

the domestic partner for so long as the domestic partnership shall be in effect.

"Dependency tax questionnaire" defined. A "dependency tax questionnaire" is a form, provided by the city business license office to each employee who requests an affidavit of financial reliance form. The dependency tax questionnaire shall state that the value of the city's contributions toward the payment of the domestic partner's health and dental insurance premiums are taxable income to the employee if the employee's domestic partner does not receive more than 50 percent of his/her "support" (as defined by the Internal Revenue Service) from the employee. The questionnaire shall require the employee and the employee's domestic partner to check one of two statements which applies to them, either that the domestic partner receives more than 50 percent of his/her support from the employee or the domes-tic partner does not receive more than 50 percent of his/her support from the employee. The questionnaire shall be signed by the employee and his/her domestic partner. The business license office shall, within 30 days of the effective date of this section, make such questionnaires available.

Filing of dependency tax questionnaire. Every employee who files an affidavit of financial reliance with the employee benefits division of the department of finance shall also file his or her original dependency tax questionnaire with the employee benefits division of the department of finance. If the questionnaire states that the employee's domestic partner does not receive more than 50 percent of his/her support from the employee, the value of the city's contributions toward the domestic partner's insurance premiums shall be added to the employee's income for taxation purposes only. The employee and his/her domestic partner shall file a new dependency tax questionnaire, with the employee benefits division of the department of finance, within 30 days of a change of financial status which would change the answer provided on their current dependency tax questionnaire.

Notice of change of conditions; penalties. Any employee who receives insurance coverage for a domestic partner shall notify the employee benefits division within 30 days of any change in or termination of the domestic partnership, or if the employee's domestic partner is no longer a dependent of the employee, as is set forth in their affidavit of financial reliance. Any employee who fraudulently obtains coverage for a person who is in fact not a domestic partner, as defined under chapter 94, article V hereof, or for a domestic partner who is not in fact a dependent of the employee, as is set forth in subsection (l)a above, shall reimburse the city for any costs involved in providing such coverage and be subject to criminal penalties as provided by the laws of the State of Georgia and the City of Atlanta. (Code 1977, § 5-9008; Ord. No. 1996-70, § 2)

Cross reference—Domestic partnerships generally, § 94 131 et seq.

Sec. 2-859. Employees who have not designated a spouse to receive benefits.

Editor’s note—Sections 1—3 of Ord. No. 1993-80, approved October 21, 1993, did not specifically amend this Code and were adopted prior to adoption of this Code; however, they have been included at the city's request and, at the editor's discretion, added as § 2-859.

Sec. 2-860. Open enrollment.

The chief financial officer shall complete open enrollment for employee benefits for the upcoming calendar year no later than the fifth working day in the month of November of the current year. (Ord. No. 2005-14, § 1, 2-28-05)

Secs. 2-861—2-875. Reserved.

DIVISION 2. OLD-AGE AND SURVIVORS INSURANCE FOR BOARD OF EDUCATION*

Sec. 2-876. Extension to employees and officials.

It is declared to be the policy and purposes of the city to extend at the earliest date possible ♦State law references—Social security for public employees, O.C.G.A. § 47-18-1 et seq.; local plans for coverage, O.C.G.A. § 47-18-40 et seq.

under the agreement entered into by the state and the Federal Social Security Administration, to the employees and officials of the city board of education not excluded by law, the benefits of the system of old-age and survivors insurance as authorized by the federal social security act, the state enabling act and amendments thereto. In pursuance to this policy and for that purpose, the city shall take such action as may be required by applicable state or federal laws or regulations. (Code 1977, § 5-2101)

Sec. 2-877. Authority to make agreements with state employees' retirement system.

The mayor authorized and directed to execute all necessary agreements and amendments thereto with the state employees' retirement system as provided for in section 28-76, not to include any employees who are in positions covered by a public retirement system, in the manner provided by state law. (Code 1977, § 5-2102)

Sec. 2-878. Salary withholdings.

Withholdings from salaries or wages of employees and officials for the purpose provided for in this division are authorized in the amounts and at such times as may be required by applicable state or federal laws or regulations and shall be paid over to the state agency. (Code 1977, § 5-2103)

Sec. 2-879. Appropriation for funds.

There shall be appropriated from the general fund of the board of education such amounts at such times as may be required by applicable state or federal law or regulations for employer's contributions, administrative expenses and a guaranty fund to ensure that the state will not incur any debt or loss as a result of the agreement referred to in section 2-877. Such funds shall be paid over to the state employees' retirement system in accordance with regulations established by such agency. (Code 1977, § 5-2104)

Sec. 2-880. Records and reports.

For the purposes of this division, the city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations. (Code 1977, § 5-2105)

Sec. 2-881. Exclusion.

There is excluded from this division any authority to make any agreement with respect to any position or any employee or official not authorized to be covered by applicable state or federal laws or regulations. (Code 1977, § 5-2106)

Secs. 2-882—2-905. Reserved.

ARTICLE IX. FINANCE* DIVISION 1. GENERALLY

Sec. 2-906. Fiscal year.

The fiscal year of the city shall commence on July 1 of the year and end on June 30 of the following year. (Code 1977, § 7-3001; Ord. No. 2005-73, § 1, 11-14-05)

State law reference—Fiscal year required, O.C.G.A. § 36-81-3(a).

Sec. 2-907. Duties of chief financial officer as municipal revenue collector, ex officio marshal.

In performing the duties required of the marshal by law and in signing all levies, notices, advertisements, deeds and other documents, the *Charter reference—Revenue and fund administration, art. 6.

Cross references—Department of finance, § 2-32 et seq.; procurement and real estate code, § 2-1101 et seq.; risk management, § 2-1741 et seq.; sinking fund commission, § 2-2081 et seq.; occupation tax, § 30-51 et seq.; special assessments, ch. 134; taxation, ch. 146.

State law reference—Local government finance, O.C.G.A. §§ 36-80-2 et seq., 36-81-1 et seq., 36-82-1 et seq., 36-83-1 et seq.

chief financial officer or designee is authorized to sign such documents with the title, municipal revenue collector, ex officio marshal. (Code 1977, § 7-4001)

Charter reference—Chief financial officer to be ex officio marshal, § 6-103(e).

Sec. 2-908. Financial impact statement of new programs affecting budget.

An ordinance or resolution submitted to the council or a committee thereof for consideration that initiates a new program after the adoption of the annual budget shall include a statement indicating the financial impact, if any, on the present and future budgets of the city. (Code 1977, § 7-1040)

Sec. 2-909. Numbering of departments, activities, funds and accounts.

The chief financial officer is authorized to number and name the departments, activities, funds and accounts in any manner necessary to effect the proper recording of revenues and expenditures, including creating, amending, and abolishing those numbers and names. (Code 1977, § 7-3011; Ord. No. 2024-29(24-O1385), § 1, 8-19-24)

Sec. 2-910. Grant applications.

Sec. 2-911. Review of contracts.

Cross reference—Contract formulation, § 2-1186 et seq.

Sec. 2-912. Procedures for making payments by city.

Sec. 2-913. Reserved.

Sec. 2-914. Issuance of duplicate checks when originals lost.

The chief financial officer shall have authority to issue a duplicate city check upon receipt of proper evidence in writing from the payee that such check has been destroyed, mutilated or lost and was not presented to the bank for payment. Upon notice from the payee, it shall be the duty of the chief financial officer to issue a stop payment order to the bank on which the check was drawn and, upon receipt of written notice from the bank acknowledging the stop payment order, the chief financial officer shall issue a duplicate check and notify the bank to honor such check when presented for payment. It shall further be the duty of the chief financial officer to maintain a record of all duplicate checks issued. (Code 1977, § 7-1031)

Sec. 2-915. Voucher drawn upon fund of department creating expenditure.

Each voucher upon the chief financial officer shall be drawn against the fund appropriated for the department creating the expenditure. (Code 1977, § 7-3021)

Sec. 2-916. Refunds.

Sec. 2-917. Petty cash funds.

The chair of the committee on finance and the chief financial officer are authorized to establish or increase petty cash funds in the various departments of the city government, when in their discretion the fund or increase is justified. (Code 1977, § 7-3025)

Sec. 2-918. Monthly reports of contracts for revolving funds.

Any contract through which the city conveys to another party funds to be used in a revolving fund manner shall contain provisions requiring monthly reports in a manner and on forms prescribed by the chief financial officer, which reports shall divulge the status of all city funds and record repayments of principal and interest, and provide that upon the completion of the contract all financial records, funds, notes, deeds to secure debts and other assets shall be returned to the city promptly, at the direction of the chief financial officer. (Code 1977, § 7-1039)

Sec. 2-919. Periodic payments to contractors.

Sec. 2-920. Reports on lease or rental of city facilities.

Sec. 2-921. Budget and rental of neighborhood centers and City Hall East.

Cross references—Parks and recreation, ch. 110; social services, ch. 126.

Sec. 2-922. Vouchers for money delivered only after settlement of city's cross claims.

No vouchers for money passed in favor of any person, except for court verdicts or judgments, shall be delivered to such person until all past due demands in favor of the city against the person in favor of whom such vouchers are passed have been satisfied. It shall be the duty of the chief financial officer to enforce this section and to require settlement if cross demands occur as specified in this section. (Code 1977, § 7-1030)

Sec. 2-923. Payment of investment income to Atlanta Art Association.

The chief financial officer is authorized to pay to the Atlanta Art Association the income from investments of the Hugh T. Inman trust fund, provided said payments do not exceed $250.00 per month or $3,000.00 per year. (Code 1977, § 7-1017)

Cross reference—Civic and cultural affairs, ch. 46.

Sec. 2-924. Contingency funds—Mayor and council president.

The chief financial officer shall be authorized to establish the following accounts:

Cross references—Council president, § 2-36; mayor, § 2-176 et seq.

Sec. 2-925. Reserved.

Editor’s note—Ord. No. 2024-29(24-O-1385), § 3, adopted Aug. 19, 2024, repealed § 2-925, which pertained to department heads and derived from Code 1977, § 1-1002.

Sec. 2-926. Indemnity insurance.

The chief financial officer, with the approval of the mayor and the council, is authorized to and shall procure indemnity insurance to insure the city against loss of money, records or property through any dishonest or criminal act committed during the continuance of the insurance, through the connivance of any employee while occupying and performing the duties of any position of the city, in an amount not less than $25,000.00 each. Any bureau director in the department of finance serving as deputy municipal revenue collector and the chief financial officer shall be covered by indemnity insurance as required in this Code. (Code 1977, § 7-1016)

Secs. 2-927—2-940. Reserved.

DIVISION 2. APPROPRIATIONS AND RELATED MATTERS*

Sec. 2-941. Referral of appropriations or expenditures to committee on finance.

All ordinances or other measures to appropriate money or involving its expenditure, unless governed by resolution or ordinance, shall be referred to the committee on finance for approval or disapproval before being adopted. Any such measure not so referred to the committee shall be void, and the chief financial officer shall not draw a voucher for the appropriation or expenditure nor shall the mayor sign a check therefor. However, if the committee on finance fails to make a report on such measures so referred to it before or at the time of the second regular meeting of the council following such reference, the measure may be introduced and passed by the council with or without the approval of the committee on finance. (Code 1977, § 7-3014)

Sec. 2-942. Exceeding annual appropriation.

fund appropriated for expenditure in the manner covered thereby and remaining unexpended. It shall likewise be unlawful for the chief financial officer to draw or the mayor to approve or the chief financial officer to pay any voucher not drawn on some fund so appropriated and remaining unexpended; that is to say, no moneys appropriated for expenditure in any department shall be paid out on bills, accounts or other liabilities originating in such department, except for the particular items of expenditure for which they were appropriated.

Charter reference—Unlawful obligations void, § 6-305.

Sec. 2-943. Annual appropriations divided into 12 parts, expended monthly.

The appropriations set up and made in the annual budget of proposed expenditures by the city in the various departments thereof shall be divided into 12 equal parts corresponding to the 12 months of the calendar year, and no expenditures of the appropriations beyond the monthly amount so set apart shall be legal nor shall a voucher be drawn for such excess nor payments made thereon. This section shall not apply to special appropriations set up for particular purposes or for appropriations to meet legal requirements, such as payment of bonds, interest payments, costs and other amounts fixed by law. This section shall not prohibit a department head from exceeding such monthly allotment for the purpose of a purchase that would effect a savings to the city, upon the approval of the chief financial officer. If the monthly apportionment provided for in this section is not expended by the department to which it is made, such unexpended balances shall be carried to the month following and added thereto, so that the department will have the benefit of the total apportionment made for the calendar year. (Code 1977, § 7-3013)

Sec. 2-944. Transfer of appropriations from one account to another.

All ordinances pertaining to transfer of appropriations from one account to another, whether within the same department or otherwise, shall be submitted to the committee on finance for its approval or disapproval before being adopted. If any such ordinance is introduced to the council without the prior approval or disapproval of the committee on finance, it shall be mandatory that such ordinance be referred to the committee on finance for consideration and report. Any such ordinance that has not been referred to the committee on finance for approval or disapproval shall, if adopted, be null and void, and the chief financial officer shall not draw a voucher or transfer such appropriations and the mayor shall not sign a check therefor. (Code 1977, § 7-3015)

Sec. 2-945. Appropriation of funds derived from land or facilities purchases.

Any and all funds derived from land or facilities purchased with city bond proceeds shall be appropriated in the same city appropriations account from which the land or facility was originally purchased, unless the council provides for alternate means of disposition of such funds. (Code 1977, § 7-3016)

Secs. 2-946—2-960. Reserved.

Sec. 2-961. System of collecting moneys.

All moneys collected for the city by its officials shall be submitted with a prepared bill and at least one duplicate. All bills for the collection of the city's revenue shall be made out by the head of the department in which they originate. Money submitted to the department of finance by various departments shall be accompanied by a cash report form in triplicate. (Code 1977, § 7-4009)

Sec. 2-962. Report of bills issued for collection—Generally.

The head of the department issuing a bill for collections shall on the same day report the fact to the chief financial officer with the number, name and amount of the bill. (Code 1977, § 7-4011)

Sec. 2-963. Same—Corrections.

All officers reporting to the chief financial officer bills or accounts for collection shall, when their reports are checked and corrected in the chief financial officer's office, make the necessary changes on their books to conform to the corrected reports. In addition to making such daily reports, they shall make monthly and annual reports to the chief financial officer. (Code 1977, § 7-4012)

Sec. 2-964. Record of bills for permanent improvements.

Sec. 2-965. Deposit of moneys.

Sec. 2-966. Disposition of money collected by officers.

All moneys collected by any officer shall be paid to the chief financial officer. (Code 1977, § 7-4014)

Sec. 2-967. Interest on bills for public improvements, amount, collection.

All bills for public improvements in the city against abutting property owners, whether for street paving, curbing, sidewalks or sewer assessments, shall bear interest at the rate of 12 percent per annum or one percent per month, beginning 30 days after the date of the bill for the particular assessment. Such interest shall be collected with the principal of each execution from the defendant in fi. fa. or from the property subject to the lien of such assessment. However, as to assessments for paving under what is known as the baby bond plan, interest shall begin to run from the date the mayor approves the assessment ordinance, provided that bills for pavement under such plan may be paid within 30 days after the assessment without the payment of any interest. (Code 1977, § 7-4022)

Sec. 2-968. Postponement of collection of bills or executions.

The chief financial officer shall not have authority to postpone the collection of any bill or execution for public improvements due the city for more than 30 days after it is placed in the hands of such officer for collection, without the permission of the committee on finance to make a longer extension of time for special reasons in any case, nor shall the committee on finance postpone a collection in any case for more than three months from the date of the issuance of the execution, without express action of the council so authorizing. (Code 1977, § 7-4023)

Sec. 2-969. Procedure for collecting assessments.

The manner of making collections for permanent street improvements, sidewalk and curbing bills, sewer assessments, removing and replacing pavement, repairs to sidewalks, clearing and cleaning vacant lots, administrative and other overhead costs and all other bills for work done for property owners on the streets, alleys, sewers and property, whenever such work is done by the city and collected from property owners by the city, shall be as follows:

Sec. 2-970. Property put in possession of purchaser at sale under assessment execution.

It shall be within the power and authority and shall be the duty of the chief financial officer, in all cases where the chief financial officer has sold any property within the limits of the city, under executions issued to enforce the collection of assessments due the city or transferees of such executions, to put the purchasers of the property so sold in possession thereof, on demand of the purchasers, just as if the property had been sold under an ordinary tax execution issued by the city. (Code 1977, § 7-4027)

Sec. 2-971. City's costs and fees on executions.

$ 0.50

15.00

10.00

4.00

7.50

2.00

2.00

Sec. 2-972. Recordation of property sold to city.

The chief financial officer is authorized and required to have deeds of the chief financial officer covering property sold to the city for taxes, street improvements and the like recorded by the clerk of the superior courts of the county. (Code 1977, § 7-4019)

Sec. 2-973. Uncollectible accounts receivable.

Sec. 2-974. Debt collection services.

Secs. 2-975—2-990. Reserved.

DIVISION 4. BORROWING AND INDEBTEDNESS*

Sec. 2-991. Employment of special bond counsel.

Whenever the city issues or proposes to issue any general obligation bonds, revenue certificates, bonds, certificates of participation, or other debt or financing obligations and the services of bond counsel is necessary, the city attorney is hereby authorized and empowered to select such bond counsel according to the procedure set forth in this section. The city attorney, in consultation with the chief financial officer, shall invite qualified persons and firms to submit written competitive proposals based upon criteria made known in writing to said persons or firms. The city attorney, in consultation with the chief financial officer, shall review such proposals as are submit-*Charter reference—Borrowing and indebtedness, § 6201 et seq.

State law reference—Bonds, O.C.G.A. § 36-82-1 et seq.

ted and shall select bond counsel from such proposals. The city attorney is further authorized and empowered to recommend bond counsel to the city council. Upon approval by city council, the mayor shall be authorized to execute any and all contracts necessary or incidental to such employment. (Code 1977, § 7-4084; Ord. No. 1995-19, § 1, 4-25-95; Ord. No. 1996-15, § 2, 4-4-96)

Sec. 2-992. Employment of fiscal advisor.

To the extent that services of financial advisors are appropriate and required, the city shall employ such advisor on an annual or project basis. The mayor and the chief financial officer are hereby authorized and empowered to select such financial advisor according to the procedure set forth in this section. The chief financial officer, in consultation with the chief operating officer, shall identify persons or firms qualified to undertake such work, and shall invite such persons or firms to submit written competitive proposals based upon criteria as established by the mayor and the chief financial officer in consultation with the chief operating officer and made known in writing to such persons or firms. Such criteria shall include, but not be limited to, the scope of work to be performed and the fee proposed to be charged. The mayor and the chief financial officer shall review such written competitive proposals as are submitted and shall propose a financial advisor to the city council. Upon approval by the city council, the mayor shall be authorized and empowered to employ such financial advisor in the name of and in behalf of the city and to execute any and all contracts necessary or incidental to such employment. The financial advisor so employed shall not be involved in any other financial transactions with the city in any capacity other than financial advisor during the term of this engagement as financial advisor and for one year following the end of the contract term. If the financial advisor resigns during the term of the contract, this restriction shall extend for one year thereafter. (Code 1977, § 7-4085; Ord. No. 1995-19, §§ 2, 3, 4-25-95; 1996-15, § 1, 4-4-96)

Sec. 2-992.1. Investment banking and treasury services.

Sec. 2-993. General obligation bonds.

Sec. 2-994. Registration of coupon bonds of city.

Holders of coupon bonds issued by the city may, if they so desire, have such bonds registered as provided for by the chief financial officer. (Code 1977, § 7-4007)

Sec. 2-995. Authority of mayor and council to negotiate loans for current expenses.

The mayor and council shall have full power and authority, in their discretion, to negotiate loans on the most advantageous terms to the city to supply the money for any deficiencies that may exist, during any one year, of the funds in the treasury for the purpose of paying the expenses of the city, which may be incurred under the several heads hereinafter mentioned, in any amount not exceeding $2,000,000.00 and not exceeding the amounts set apart under each head for the year in question. As soon as an amount equal to the amounts so borrowed is paid into the treasury by taxation or from any other sources of revenue not already applied to other debts or liabilities of the city, the mayor and council shall at once apply the amounts or as much as may be necessary to the repayment of the loans or the mayor and council shall be authorized in their discretion to make partial payments upon the loans with any moneys that may come into the treasury, from time to time, under the restrictions provided in this section. In either case the total amount of the loans shall be repaid out of the income of the year in which the loans were made. (Code 1977, § 7-4081)

Sec. 2-996. Loans for operating expenses of board of education.

The mayor and chief financial officer shall negotiate loans when requested to do so by the board of education to supply deficiencies in current operating expenses of the board, during any year, in such amounts as may be determined by the board, not to exceed the amount authorized by law. Such loans are to be approved by resolution by the council. The chief financial officer may advance to the board of education from available funds such amounts as may be required in lieu of borrowing. A sum sufficient to repay the loans and advances, together with the interest thereon, shall be deducted by the chief financial officer from ad valorem taxes levied and collected for the board of education during the year in which the loan shall have been consummated. (Code 1977, § 7-4082)

Sec. 2-997. Report of paid bonds, revenue certificates and interest coupons.

It shall be the duty and responsibility of the chief financial officer and the committee on finance of the council to file with the council a complete report of bonds or revenue certificates which have matured and been paid and of interest coupons which have been paid. (Code 1977, § 7-4083)

Sec. 2-998. Official intent delegation.

Secs. 2-999—2-1100. Reserved.

ARTICLE X. PROCUREMENT AND REAL ESTATE CODE* DIVISION 1. GENERALLY

Sec. 2-1101. Short title.

This article shall be known and may be cited as the procurement and real estate code of the city. (Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)

Sec. 2-1102. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:

Actual offeror means any firm that has submitted a bid or proposal in response to the particular solicitation in question. Individual joint venturers, subcontractors, subconsultants, or individuals or entities comprising a part of the bidder or proponent team are not actual offerors.

Annual contract means any contract entered into for a period of one year or multiple one-year periods (including options to renew for additional one year periods), with a contractor, to provide the city upon request with a specified product or service at a predetermined rate or price.

Award means when legislation authorizing the award of the contract has been adopted by the council and approved by the Mayor, provided, however, that the contract will not become binding upon the city and the city will incur no liability under it until it has been duly executed by the contractor, returned to the city with all required submittals, including insurance and bonding, if applicable, executed by the Mayor, *Editor’s note—Ord. No. 2009-78(09-O-1876), §§ 1—17, approved December 15, 2009, amended Art. X, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Art. X pertained to similar subject matter. See also the Code Comparative Table for a detailed analysis of inclusion of said ordinance.

Charter reference—Procurement and disposition of property, § 6-401 et seq.

Cross reference—Finance, § 2-906 et seq. State law reference—Acquisition and disposition of property by municipalities, O.C.G.A. § 36-37-1 et seq.

attested to by the municipal clerk, approved by the city attorney as to form and delivered to the contractor.

Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, firm or any other private legal entity.

Change order (unilateral) means a written order signed and unilaterally issued by the chief procurement officer or other authorized individual, directing the contractor to make changes that the changes clause of the contract authorizes without the consent of the contractor.

Chief procurement officer means the person holding the position created in and governed by code sections 2-222, 2-250, 2-251, 2-252 and division 2 of this article, and any other Charter or Code provisions applicable.

Clock calibration means coordination of the bid clock with the time as indicated by the National Bureau of Standards.

Construction means the process of building, altering, repairing, remodeling, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance of structures, buildings or real property.

Contract means all types of city agreements, including purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, construction, professional or consultant services and for the transfer of interests in real property.

Contract modification or change order means any written alteration in specifications, delivery point, time and rate of delivery, period of performance, price, quantity or other provision of any contract accomplished by mutual action of the parties to the contract.

Contractor means any person having a contract with the city.

Cost analysis means the evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid and costs to be reimbursed.

Cost data means factual information concerning the cost of labor, material, overhead and other cost elements that are expected to be incurred or which have been actually incurred by the contractor in performing the contract.

Cost reimbursement contract means a contract under which a contractor is reimbursed for costs, which are allowable and allocable in accordance with the contract terms and this article, and a fee or profit, if any.

Data means recorded information, regardless of form or characteristics.

Days means calendar days. In computing any period of time prescribed by the procurement code, the first day shall not be counted but the last day shall be counted. If the last day falls on a Saturday or Sunday, the party shall have through the following Monday. When the last day falls on a legal holiday observed by the city, the party shall have through the next day.

Designee means a duly authorized representative of a person.

Discussions means an exchange of information or other manner of negotiation during which the offeror and the city may alter or otherwise change the conditions, terms and price of the proposed contract. Discussions may be conducted in connection with competitive sealed proposals, sole source and emergency procurement. Discussions are not permissible in competitive sealed bidding, except to the extent permissible in the first phase of multi-step sealed bidding, when all competitive bids exceed available funds but the responsive bid does not exceed such funds by more than five percent or as otherwise permitted by applicable law.

Employee means an individual drawing a salary or compensation from the city, whether elected or not.

Firm means any individual, partnership, corporation, association, joint venture or other legal entity permitted by law to practice or offer professional or consultant services.

Grant agreement means any written agreement between the city and a grantor, or donor, or a proposed grant recipient, or beneficiary, which states in specific terms the amount and purposes of the grant, the conditions of the grant, if any, and pursuant to which a grant award is disbursed or otherwise satisfied. A grant agreement may also relate to gifts, bequests or donations.

Invitation for bids means all documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.

Prequalification means the determination that a prospective offeror satisfies the criteria established for inclusion on the prequalified offeror's list.

Price analysis means the evaluation of price data, without price analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.

Price data means factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offered or proposed selling prices. The definition refers to data relevant to both prime and subcontract prices.

Procurement means buying, purchasing, renting, leasing or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service or construction, including a description of requirements, selection and solicitation of sources, preparation and award of contracts and all phases of contract administration.

Professional and consultant services means those services within the scope of the practices of architecture, investment banking, professional engineering, planning, landscape architecture, land surveying, the medical arts, management and analysis, accounting or auditing, law, psychology or any other similar kind or type of professional practice. For purposes of this division, professional and consultant services shall not include investment management services.

Proposal means solicited submission of information from a prospective offeror in accordance with the terms of the applicable request for proposals and applicable law.

Purchase description means the words used in a solicitation to describe the supplies, services or construction to be purchased, including specifications attached to or made a part of the solicitation.

Purchase order means a short form of contract which is issued by the chief procurement officer at the written request of the using agency for the procurement of supplies, goods or services.

Qualified products list means an approved list of supplies, services or construction items described by model or catalogue numbers that, prior to competitive solicitation, the city has determined will meet the applicable specification requirements.

Request for proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

Responsible offeror means any person who has the capability in all respects to perform fully the contract requirements and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will ensure good faith performance.

Responsive offeror means a person who has submitted an offer that conforms in all material respects to the invitation for bids or request for proposals.

Solicitation means an invitation for bids, a request for proposals, a request for quotations or any other document issued by the city concerning its soliciting bids or proposals to perform a city contract or purchase order.

Service means the furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance.

Supplies means all property, including, but not limited to, equipment, materials, printing, insurance and leases of real property, excluding land or a permanent interest in land.

Using agency means any city entity that utilizes any supplies, services, construction, professional or consultant services, real property and leases procured under this article. (Ord. No. 2009-78(09-0-1876), § 1, 12-15-09)

Sec. 2-1103. Severability.

If any section or part of a section of this article or any application thereof to any person or circumstances is held invalid, such invalidity shall not affect other sections or part of a section or application of this article which can be given effect without the invalid section or part of a section or application, and to this end the sections and parts of sections of this article are declared to be severable. (Ord. No. 2009-78(09-0-1876), § 1, 12-15-09)

Sec. 2-1104. Interpretation; purposes and policies.

Sec. 2-1105. Application of article.

Sec. 2-1106. Supplementary general principles of law applicable.

Unless displaced by the particular sections of this article, the principles of law and equity, including the uniform commercial code of the state, the law merchant, the law of real property and the law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake or bankruptcy, shall supplement this article. (Ord. No. 2009-78(09-0-1876), § 1, 12-15-09)

Sec. 2-1107. Good faith actions.

This article requires all parties involved in the negotiation, performance or administration of city contracts to act in good faith. The term "good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing. (Ord. No. 2009-78(09-0-1876), § 1, 12-15-09)

Sec. 2-1108. Procurement records.

Sec. 2-1109. Compliance with federal requirements.

When the procurement or real estate transaction involves the expenditure of federal assistance or contract funds, the procurement or real estate transaction shall be conducted in accordance with any applicable mandatory federal law and authorized regulations which are not reflected in this article. Notwithstanding, where federal assistance or contract funds are used in a procurement or real estate transaction, requirements that are more restrictive than federal requirements shall be followed. (Ord. No. 2009-78(09-0-1876), § 1, 12-15-09)

Sec. 2-1110. Construction of water treatment plant.

The construction and operation of a water treatment plant and appurtenances in North Fulton County, as a joint venture of the city and Fulton County, being necessary to serve the joint needs of the city and Fulton County in ensuring an adequate supply of potable water for their citizens, the Atlanta-Fulton County Water Resources Commission is authorized to contract for goods and services and to make purchases of real and personal property, in connection with the water treatment plant and appurtenances, subject to the following limitations:

Sec. 2-1111. Limitation on work orders authorized under annual contracts.

Any using agency or bureau may expend up to $100,000.00 under an annual contract individually or in the aggregate with any one contractor. This limitation of $100,000.00 is imposed for the term of the contract. Where the expenditures under an annual contract by any using agency or bureau exceeds $100,000.00 for an individual project or work order or $100,000.00 in the aggregate for a particular contractor, such expenditures shall be subject to the approval of the city council, unless such contract authorizes the issuance of work authorizations or similar directives to the contractor in excess of $100,000.00 without further council approval. (Ord. No. 2009-78(09-0-1876), § 1, 12-15-09)

Sec. 2-1112. Multiple awards; limitations on multiple awards.

Sec. 2-1113. Monetary limits; effective date.

To the extent that any monetary limits in this article specifically relate to monetary limits set forth in Article 3, Chapter 1, section 3-104(14), and Article 6, Chapter 4, section 6-402 of the City's Charter, to become effective on September 30, 2008, such monetary limits in this article will also become effective on September 30, 2008. Prior to such date, the previous monetary limits in this article will apply. (Ord. No. 2009-78(09-O-1876), § 1, 12-15-09)

Sec. 2-1114. Notice of lobbyist laws.

The chief procurement officer shall develop a written notice of the state law requirements related to persons required to register as lobbyists with the State of Georgia and shall ensure that such notice is included on all contracts and source selection forms prepared by the department of procurement. (Ord. No. 2018-51(18-O-1522), § 2, 9-25-18)

Sec. 2-1115. Purchase of non-compostable single-use serviceware prohibited.

Sec. 2-1116. Post-award debriefing.

Within 30 days of the final award of a contract awarded by competitive sealed bidding, pursuant to section 2-1188, by competitive sealed proposals, pursuant to section 2-1189, or by competitive methods as authorized by section 2-1191.1, the department of procurement shall conduct a post-award debriefing session which shall be open to offerors that submitted bids/ proposals during the competitive procurement process, and which shall be conducted in accordance with operational procedures promulgated by the chief procurement officer. (Ord. No. 2025-39(25-O-1552), § 1, 10-29-25)

Sec. 2-1117. Use of centralized automated electronic system.

Secs. 2-1118—2-1137. Reserved.

Sec. 2-1138. Centralization of procurement authority.

Sec. 2-1139. Using agency requirements.

The chief procurement officer shall utilize such estimates for the scheduling of work activities and of procurements to be made by the department of procurement. The chief procurement officer shall compile and consolidate all estimates of supplies needed by using agencies to determine total requirements of a given commodity.

Sec. 2-1140. Signing contracts on behalf of mayor.

Except as otherwise provided in this article, the chief procurement officer shall have the authority to sign contracts on behalf of the mayor, pursuant to section 6-401 of the Charter, in the following circumstances:

Sec. 2-1141. Appointment of procurement advisory groups.

The chief procurement officer may appoint procurement advisory groups to assist the chief procurement officer with respect to specifications or procurement in specific areas and with respect to any other matters within the authority of the chief procurement officer. (Ord. No. 2009-78(09-O-1876), § 2, 12-15-09)

Sec. 2-1142. Periodic reporting to city council.

Secs. 2-1143—2-1160. Reserved.

Sec. 2-1161. Authority to resolve protested solicitations and awards.

Sec. 2-1162. Debarment or suspension from consideration for contract award.

Sec. 2-1163. Solicitations or awards in violation of law.

Sec. 2-1164. Procurement appeals hearing officers.

Sec. 2-1165. Authority of procurement appeals hearing officers.

Unless the matter is within the authority of the contract compliance hearing officer pursuant to section 2-1384, the procurement appeals hearing officers shall have the authority to review and determine any appeal by an aggrieved party from a determination by the chief procurement officer that is authorized in sections 2-1161 and 2-1162. (Ord. No. 2009-78(09-O-1876), § 3, 12-15-09)

Sec. 2-1166. Appeals.

Secs. 2-1167—2-1186. Reserved.

Sec. 2-1187. Methods of source selection.

Unless otherwise authorized by law, all city contracts, except for the purchase, sale and disposition of real estate, shall be awarded by competitive sealed bidding, pursuant to section 2-1188, except as provided in the following:

Sec. 2-1187.1 State mandated immigration compliance requirements.

Sec. 2-1188. Competitive sealed bidding.

All decisions to permit the correction or withdrawal of bids shall be supported by a written determination made by the chief procurement officer.

Sec. 2-1188.1. Local preference.

If the potential local offeror is a joint venture or mentor-protégé team, each participant in the joint venture or mentor-protégé team must be certified independently as a local offeror in order for the joint venture or mentor-protégé team to receive the bid preference on eligible local projects. No local preference shall be given on the basis of a business location of any other affiliated businesses, subcontractor or subconsultant.

Sec. 2-1189. Competitive sealed proposals.

The office of contract compliance shall evaluate each proposal as to the offeror's compliance with the requirements of equal employment opportunity (EEO) and, where applicable, equal business opportunity (EBO) programs, as may be required by ordinance. The office of contract compliance shall evaluate each proponent's conformance to the city's EEOordinance and the city's EBO ordinance according to relative weights assigned by the chief procurement officer. The combined weights may not exceed 15 percent of the total evaluation points.

When applicable, each request for proposal shall state with specificity the method by which EEO and EBO compliance is weighted to arrive at numerical evaluation points. Proposals that are noncompliant with the city's EEO or EBO requirements shall be deemed nonresponsive without further evaluation of any other solicitation evaluation factors.

Sec. 2-1190. Small purchases.

Sec. 2-1190.1. Micro-purchases.

Sec. 2-1191. Sole source procurement.

Sec. 2-1191.1. Special procurements.

Notwithstanding any other provision of this code, the chief procurement officer may initiate a procurement where he/she determines that an unusual or unique situation exists that make the application of all requirements of competitive sealed bidding, competitive sealed proposals or small purchases contrary to the public interest and such procurement does not technically qualify as a sole source procurement under Code section 2-1191. If determined as appropriate by the chief procurement officer, any special procurement under this section shall be made with such competition as is practicable under the circumstances; provided however, that the chief procurement officer may determine under appropriate circumstances that there is only one logical choice as to a contractor to provide the goods or services necessitated by the special procurement. A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the chief procurement officer in the contract file. Nothing in this section shall eliminate the chief procurement officer's obligation to present the recommendation of award of any contract procured under this section to city council for approval, prior to execution of the contract, when the value of the contract exceeds $100,000.00. (Ord. No. 2009-78(09-O-1876), § 4, 12-15-09; Ord. No. 2019-52(19-O-1231), § 1, 10-15-19)

Sec. 2-1192. Emergency procurement.

The department will also disclose the document relating to the conflict of interest or the related party's disclosure information by the using agency. (Ord. No. 2009-78(09-O-1876), § 4, 12-15-09; Ord. No. 2017-09(17-O-1048), § 1, 3-15-17; Ord. No. 2018(18-O-1224), § 1, 5-16-18)

Sec. 2-1193. Competitive selection procedures for professional and consultant services.

Sec. 2-1194. Cancellation of invitations for bids or requests for proposals.

An invitation for bids, a request for proposals or any other solicitation under this article may be canceled or any or all bids or proposals may be rejected in whole or in part, as may be specified in the solicitation, when it is in the best interest of the city.

The reasons therefore shall be made part of the contract file. Each solicitation issued by the city shall state that the solicitation may be canceled and that any bid or proposal may be rejected in whole or in part for good cause when in the best interest of the city. Notice of cancellation shall be sent to all businesses solicited. (Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)

Sec. 2-1195. Responsibility of offerors.

Sec. 2-1196. Bid security for nonconstruction contracts.

Sec. 2-1197. Performance and payment bonds for nonconstruction contracts.

Sec. 2-1198. Insurance.

Sec. 2-1199. Prequalification of offerors.

Sec. 2-1200. Equal employment opportunity clause.

Sec. 2-1201. Cost or pricing data.

Sec. 2-1202. Cost or price analysis.

Under this article, if a contract is being funded in whole or in part by assistance from a federal agency, a cost analysis or a price analysis, as appropriate, shall be conducted prior to award of the contract. A written record of such cost analysis or price analysis shall be made a part of the contract file. (Ord. No. 2009-78(09-0-1876), § 4, 12-15-09)

Sec. 2-1203. Types of contracts.

Subject to the limitations of this article, any type of contract which is appropriate to the procurement and which will promote the best interests of the city may be used, provided that the use of a cost-plus-a-percentage-of-cost contract or a cost-plus-a-percentage-of-construction-cost contract is prohibited. A cost reimbursement contract may be used only when the chief procurement officer determines in writing that such contract is likely to be less costly to the city than any other type or that it is a professional or consultant service contract. (Ord. No. 2009-78(09-0-1876), § 4, 12-15-09)

Sec. 2-1204. Cost reimbursement provisions.

Under this article, cost reimbursement provisions shall obligate the city to reimburse only reasonable costs, allocable to the contractor, either directly or indirectly, that are accounted for in accordance with generally accepted accounting principles. If a contract is being funded in whole or in part by assistance from a federal agency, reimbursement to contractors for incurred costs or cost estimates included in negotiated prices shall be subject to appropriate codified federal cost principles. (Ord. No. 2009-78(09-0-1876), § 4, 12-15-09)

Sec. 2-1205. Multi-term contracts.

Sec. 2-1206. Extension and expiration of contracts.

When the chief procurement officer grants the extension of a contract under this section, he shall provide notice of the extension to city council.

Sec. 2-1207. Approval of accounting system.

Under this article, except for firm fixed-price contracts, no contract type shall be used unless it has been determined in writing by the chief procurement officer, after consultation with the chief financial officer, that:

Sec. 2-1208. City's right to inspect plant, place of business or work site.

Under this article, the city may, at reasonable times, inspect the part of the plant, place of business or work site of a contractor or subcontractor that is pertinent to the performance of any contract awarded or to be awarded by the city. (Ord. No. 2009-78(09-0-1876), § 4, 12-15-09)

Sec. 2-1209. City's right to audit records.

Sec. 2-1210. Prohibition against and reporting of anti-competitive practices.

Under this article, collusion and other anticompetitive practices among offerors are prohibited by city, state and federal laws, and the city, therefore, establishes the following:

"I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an offer for the same supplies, services, construction, or professional or consultant services, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of city, state and federal law and can result in fines, prison sentences, and civil damages awards. I agree to abide by all conditions of this solicitation and offer and certify that I am authorized to sign for this offeror."

Compliance with this subsection shall be considered met if the certification of independent price determination, as provided in this subsection, is set forth in an exhibit attached to the offer and appropriate language incorporating the exhibit into the offer is set forth therein.

Sec. 2-1211. Clause for ensuring payment.

Sec. 2-1212. Encumbrances required for contracts.

Sec. 2-1213. Prohibition against contracting with predatory or high cost lenders.

I certify, under penalty of perjury, that this offer is made by a person or business entity that is neither a high cost lender nor a predatory lender, nor is the contractor an affiliate of a high cost lender or a predatory lender, as defined by City of Atlanta Code Section 58-102. I further certify that I am an agent duly authorized to sign this certification on behalf of the contracting party.

Sec. 2-1214. Management of conflicts in source selection.

The chief procurement officer may require disclosure of additional types of relationships or conflicts of interests if, in his/her sole discretion, such disclosure is in the best interests of the city.

Sec. 2-1215. Traffic control requirements.

Sec. 2-1216. Off-duty POST certified law enforcement requirements.

Secs. 2-1217—2-1235. Reserved.

Sec. 2-1236. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section:

Brand name or equal specification means a specification limited to one or more items by manufacturers' names or catalogue numbers to describe the standard of quality, performance and other salient characteristics needed to meet city requirements and which provides for the submission of equivalent products.

Brand name specification means a specification limited to one or more items by manufacturers' names or catalogue numbers.

Specification means any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery. (Ord. No. 2009-78(09-O-1876), § 5, 12-15-09)

Sec. 2-1237. Duties of chief procurement officer.

For purposes of this division, the chief procurement officer shall cause to be prepared by using agencies specifications for supplies, services and construction required. The chief procurement officer shall issue, revise, maintain and monitor specifications for supplies, services and construction required by the city. (Ord. No. 2009-78(09-0-1876), § 5, 12-15-09)

Sec. 2-1238. Relationship with using agencies.

Under this article, the chief procurement officer shall obtain expert advice and assistance from personnel of using agencies in the development of specifications and in the development of an approved list of supplies, services or construction items described by model or catalogue numbers, which, prior to competitive solicitation, the city has determined will meet the applicable specification requirements. (Ord. No. 2009-78(09-0-1876), § 5, 12-15-09)

Sec. 2-1239. Maximum practicable competition.

All specifications under this article shall be drafted so as to promote overall economy for the purposes intended and to encourage maximum free and open competition in satisfying the city's needs and shall not be unduly restrictive. The policy enunciated in this division applies to all specifications. (Ord. No. 2009-78(09-0-1876), § 5, 12-15-09)

Sec. 2-1240. Brand name specification.

Sec. 2-1241. Brand name or equal specification.

provided that the chief procurement officer determines that the essential characteristics of the brand name included in the specifications are commonly known in the industry or trade. Brand name or equal specifications shall include a description of the particular design, function or performance characteristics that are required.

Secs. 2-1242—2-1265. Reserved.

Sec. 2-1266. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section:

Architect-engineer and land surveying services means those professional services within the scope of the practice of architecture, professional engineering, land surveying, landscape architecture and interior design pertaining to construction, as defined by the laws of the state. (Ord. No. 2009-78(09-0-1876), § 6, 12-15-09)

Sec. 2-1267. Responsibility for selection of methods of construction-related services.

Under this article, the using agency, at the time the construction project is being developed, shall provide the chief procurement officer and the office charged with monitoring capital projects with information for the scheduling of the project and, if necessary, for the method of selection of architect-engineer and land surveying services, construction services and construction management of the project. In determining which method to use for the selection of architect-engineering and land surveying services, construction services and construction management, the chief procurement officer shall consider the city's requirements, its resources and the potential contractor's capabilities. The methods chosen shall be those which are most advantageous to the city and which will result in the most timely, economical and successful completion of the construction project. (Ord. No. 2009-78(09-0-1876), § 6, 12-15-09)

Sec. 2-1268. Contract administration.

Under this article, the chief procurement officer, with the assistance of the using agency and other appropriate city agencies, shall establish the standards for a contract administration system designed to ensure that a contractor is performing in accordance with the solicitation under which the contract is awarded and the terms and conditions of the contract. Such system shall require the inclusion of receiving reports from all appropriate agencies in the contract file. Subsequent to the execution of the contract the using agency shall initiate and co-ordinate the preconstruction/work conference with all necessary city agencies, and thereafter issue a notice to proceed to the contractor with copies to the department of procurement, office of contract compliance and the department of finance/accounts payable manager. (Ord. No. 2009-78(09-0-1876), § 6, 12-15-09)

Sec. 2-1269. Bid security for construction contracts.

Sec. 2-1270. Contract performance and payment bonds for construction contracts.

[(e) Reserved.]

Sec. 2-1271. Bond forms and copies.

Sec. 2-1272. Procurement of architect-engineer and land surveying services.

Architect-engineer and land surveying services shall be procured as provided in section 2-1193, except as provided in sections 2-1191 and 2-1192. (Ord. No. 2009-78(09-0-1876), § 6, 12-15-09)

Sec. 2-1273. Wage requirements for construction contracts.

Secs. 2-1274—2-1290. Reserved.

Sec. 2-1291. Responsibilities and rights of parties to contract.

Each city contract for goods or services shall include provisions necessary to define the responsibilities and rights of the parties to the contract. The chief procurement officer, after consultation with the city attorney, shall issue appropriate contract clauses addressing at least the following subjects, to the extent appropriate for the particular contract:

"Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the City's Council and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning the City's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to the City under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to the City under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to the City in excess of the any contractually authorized goods or services, as required by the City's Charter and Code, the City may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any un authorized goods or services to the City, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to the City, however characterized, including, without limitation, all remedies at law or equity."

This acknowledgement shall be a mandatory provision in all city contracts for goods and services, except revenue producing contracts. (Ord. No. 2009-78(09-O-1876), § 7, 12-15-09)

Sec. 2-1292. Emergencies resulting in potential increased costs; contract modifications and change orders.

Sec. 2-1293. Price adjustments.

Adjustments in price in contracts shall be computed in one or more of the following ways:

Sec. 2-1294. Patents.

Under this article, if a contract involving research, development, experimental or demonstration work is funded by the city, the contract shall include provisions giving notice to the contractor that the city shall have the right to any discovery, invention or patent arising out of the contract and requiring the contractor to include a similar provision in all subcontracts involving research, development, experimental or demonstration work. (Ord. No. 2009-78(09-O-1876), § 7, 12-15-09)

Sec. 2-1295. Copyrights and rights in data.

Under this article, if a contract is being funded by the city, the contract shall include a provision giving the contractor notice that the city shall have the right to any plans, drawings, specifications, computer programs, technical reports, operating manuals and similar work products developed and paid for under the contract. (Ord. No. 2009-78(09-O-1876), § 7, 12-15-09)

Sec. 2-1296. Provision of subcontracting data.

Secs. 2-1297—2-1325. Reserved.

See. 2-1326. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section:

Excess supplies means any supplies other them expendable supplies having a remaining useful life but which are no longer required by the using agency in possession of the supplies.

Expendable supplies means all tangible supplies other than nonexpendable supplies.

Nonexpendable supplies means all tangible supplies having an original acquisition cost of over $100.00 per unit and a probable useful life of more than one year.

Supplies means supplies owned by the city.

Surplus supplies means any supplies, other than expendable supplies, no longer having any use to the city. This includes obsolete supplies, scrap materials and nonexpendable supplies that have completed their useful life cycle. (Ord. No. 2009-78(09-0-1876), § 8, 12-15-09) Sec. 2-1327. Duties of chief procurement officer; policies and procedures; requirements of using agencies.

Sec. 2-1328. Quality assurance, inspection and testing.

Under this article, the chief procurement officer, in consultation with the using agency, shall ascertain or verify that supplies, services, construction or professional and consultant services procured for the city conform to specifications. The chief procurement officer may establish inspection or testing facilities, employ inspection personnel, enter into arrangements for the joint or cooperative use of inspection and testing facilities and contract with others for inspection and testing work as needed. (Ord. No. 2009-78(09-0-1876), § 8, 12-15-09)

Sec. 2-1329. Inventory management.

Under this article, the chief procurement officer, in conjunction with the director, bureau of general services, as appropriate, shall exercise general supervision of all inventory of supplies, whether warehoused or in use, belonging to the city or any of its agencies. The using agency, however, shall maintain an inventory of supplies under its control. All warehouses and similar storage areas shall be inventoried at least annually by each using agency, a written report of which shall be submitted to the commissioner of administrative services. (Ord. No. 2009-78(09-0-1876), § 8, 12-15-09)

Sec. 2-1330. Warehousing and storage.

Under this article, the chief procurement officer, in conjunction with the director, bureau of general services, as appropriate, shall exercise general supervision of any receiving, storage and distribution facilities and services of the city maintained and operated by the department of procurement or using agencies. (Ord. No. 2009-78(09-0-1876), § 8, 12-15-09)

Sec. 2-1331. Excess supplies.

Under this article, using agencies shall notify the chief procurement officer, as necessary, of all excess supplies. The chief procurement officer shall transfer excess supplies to other city agencies as determined by need and in accordance with operational procedures adopted pursuant to this article. (Ord. No. 2009-78(09-0-1876), § 8, 12-15-09)

Sec. 2-1332. Disposition of surplus supplies.

Sec. 2-1333. Disposition of proceeds of sale, lease or disposal.

Upon completion of sale, lease or disposal of surplus or excess property owned by the city as provided in this division, the chief procurement officer shall notify the chief financial officer in writing, which notice shall contain, as a minimum, a description of the property sold, the inventory control number, the amount for which the article was sold and the using agency in which the property was used. The chief financial officer shall make the necessary corrections to the inventory of the city. The chief procurement officer shall pay the proceeds of such sale, lease or disposal of property owned by the city to the chief financial officer, as required by law. (Ord. No. 2009-78(09-O-1876), § 8, 12-15-09)

Secs. 2-1334—2-1355. Reserved.

DIVISION 9. SMALL BUSINESS OPPORTUNITY PROGRAM*

Sec. 2-1356. Short title.

This division shall be known as the "City of Atlanta's Small Business Opportunity Program." (Ord. No. 2009-78(09-O-1876), § 9, 12-15-09)

Sec. 2-1357. Definitions.

The following words, terms and phrases, when used in this, division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Affiliates: OCC shall consider all affiliates of a business enterprise in determining whether the business enterprise qualifies for SBE status. In general, concerns and entities are affiliates of each other when one controls or has the power to control the other, or a third party or parties controls or has the power to control both. It does not matter whether control is exercised, so long as the power to control exists. The determination whether two or more business enterprises are affiliates shall follow the guidelines regarding affiliation as set forth in 13 C.F.R. § 121.103, as amended.

Atlanta Region shall mean the geographical area consisting of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, Pickens, Rockdale, Spalding, and Walton counties.

Bid shall mean a quotation, proposal, sealed bid or offer to perform or provide labor, materials, supplies or services to the city for a price on an eligible project, or for an eligible project that generates revenue for the city.

Bidder shall mean any individual, sole proprietorship, partnership, joint venture, or corporation that submits a bid to the city.

*Editor’s note—Ord. No. 2021-55(21-O-0803), § 2, adopted Nov. 8, 2021, amended the title of Div. 9 to read as herein set out. The former Div. 9 title pertained to small business enterprise opportunity program.

City shall mean the City of Atlanta.

Commercially useful function: For the purpose of determining whether a business enterprise is performing a commercially useful function, upon a challenge to the SBE status pursuant to section 2-1365, OCC shall consider all of the facts in the record, viewed as a whole, including without limitation the following:

Contractor shall mean a prime contractor or vendor on a city contract.

Control or controlled: For the purpose of determining whether the owner or owners of a potential SBE (as used in this definition, "SBEowner", which shall denote one or more owners) controls the potential SBE, upon a challenge to the SBE status pursuant to section 2-1365, OCC shall consider all of the facts in the record, viewed as a whole, including without limitation the following:

Such consideration shall be in the context of the duties of the persons involved, normal industry practices, the business enterprise's policy and practice concerning reinvestment of income, and any other explanations for the differences proffered by the business enterprise. OCC may determine that a business enterprise is controlled by its SBE-owner although the SBE-owner's remuneration is lower than that of some other participants in the business enterprise. In a case where someone other than the SBE-owner formerly controlled the business enterprise, and the SBE-owner now controls it, OCC may consider a difference between the remuneration of the former and current owner of the business enterprise as a factor in determining who controls the business enterprise, particularly when the former owner remains involved with the business enterprise and continues to receive greater compensation than the current SBEowner.

Day or days shall refer to calendar days.

Eligible project shall mean: Any city contract as described in section 2-1188 and section 2-1189 or as identified by the director of the office of contract compliance, excluding sole source procurement under section 2-1191, special procurement under section 2-1191.1, emergency procurement under section 2-1192, and contracts governed by 49 CFR Parts 23 and 26.

Joint venture shall mean an association of two or more persons, partnerships, corporations, or any combination of them, established to carry on a single business activity that is limited in scope and duration. The agreement establishing the joint venture, partnership or other multi-entity relationship shall be in writing. Further, participation in a joint venture shall be based on the sharing of real economic interest in the venture and shall include proportionate control over management, interest in capital acquired by the joint venture and interest in earnings.

Office of contract compliance (OCC) shall mean the Mayor's Office of Contract Compliance in the City of Atlanta.

Owner, owned, or ownership shall mean all owners of an applicant business must provide document proving status as a native-born citizen, naturalized citizen, or permanent resident of the United States. In determining whether a potential SBE is owned by a native-born citizen, naturalized citizen, or permanent resident of the United States, office of contract compliance will consider all of the facts in the record, viewed as a whole, including without limitation the following:

Small business enterprise (SBE) shall mean a firm located in the Atlanta Region which is an independent and continuing enterprise for profit, performing a commercially useful function, for which the gross revenues or number of employees, inclusive of any Affiliates as defined by 13 C.F.R. Sec. 121.103, does not exceed the size standards as defined pursuant to 13 C.F.R. § 121.201 (as further explained in 13 C.F.R. §§ 121.104 through 121.107), and which has: (1) filed a letter or other documentation from the United States Small Business Administration with OCC that establishes that the firm qualifies as an 8(a) firm or HUBZone firm with the United States Small Business Administration; (2) obtained certification as a disadvantaged business enterprise ("DBE") in the State of Georgia, including any agency or department of the State of Georgia, or the United States Department of Transportation; or (3) submitted evidence to OCC on a form to be prescribed by OCC affirming under penalty of perjury that the business does not exceed the size standards referenced in this definition.

SBE status shall mean whether a firm meets the qualification criteria of a small business enterprise, as set forth in this division.

Supplier shall mean a warehouser or manufacturer of materials, supplies or equipment which contracts directly with a bidder to provide such materials, supplies or equipment on an eligible project which involves a trade or service. For purposes of measuring the total contract dollars awarded or paid to suppliers on eligible projects, only amounts paid to suppliers of goods customarily and ordinarily used based upon standard industry or trade practices shall be counted. (Ord. No. 2009-78(09-O-1876), § 9, 12-15-09; Ord. No. 2015-63(15-O-1556), §§ 7—9, 12-16-15; Ord. No. 2021-55(21-O-0803), §§ 3, 4, 11-8-21)

Sec. 2-1358. Statement of policy.

In conjunction with the City of Atlanta's Equal Business Opportunity Program, it is the purpose of this small business opportunity program to promote the economic welfare of the people of the City of Atlanta, to promote full and equal business opportunity for all persons doing business with the City of Atlanta, to promote commerce by assisting SBEs to actively participate in the city's procurement process, and to ensure the City of Atlanta utilizes programs that provide it with the best possible resources. In order to encourage competition, the foundation of the free enterprise system, the City of Atlanta's policy will ensure that a fair proportion of the total purchases and contracts or subcontracts for property, commodities, and services come from small businesses so long as the property, commodities and services of small businesses are competitive as to price and quality. The City of Atlanta has set a goal of 35 percent for the small business opportunity program. This is lower than the availability of SBEs in the marketplace. (Ord. No. 2009-78(09-O-1876), § 9, 12-15-09; Ord. No. 2015-63(15-O-1556), § 10, 12-16-15)

Sec. 2-1359. Duties of the office of contract compliance.

Under this division, OCC shall have the following authority and duties for the implementation of the small business opportunity program under this division:

Sec. 2-1360. Small business assistance.

The office of contract compliance may act as a resource for information on small business enterprises. The office of contract compliance may also undertake to raise the consciousness of SBEs about city business opportunities and provide information on taking advantage of the program benefits. Further, the office of contract compliance may provide the following assistance to small business enterprises:

Sec. 2-1361. City-maintained records and reports.

The effectiveness of this program will be measured by a review of data indicating prime, subcontractor and supplier awards to SBEs. Program effectiveness measurements will also include efforts by the City of Atlanta staff to provide prime contracting opportunities for SBEs. In order to ensure the effective tracking of these efforts, the following shall be done:

Sec. 2-1362. Small business enterprise program goals and counting procedures.

Sec. 2-1363. Certification as a small business enterprise.

Sec. 2-1364. Recertification.

Once certified as an SBE with OCC, the certification is valid for a period of five years from the date of certification. Prior to the expiration of the five-year period and pursuant to regulations issued by OCC, a business that desires to continue to qualify as an SBE must demonstrate its continued eligibility as an SBE under this Ordinance. (Ord. No. 2009-78(09-O-1876), § 9, 12-15-09; Ord. No. 2015-63(15-O-1556), § 13, 12-16-15; Ord. No. 2021-55(21-O-0803), § 6, 11-8-21)

Sec. 2-1365. Challenge to the status of a small business enterprise.

Sec. 2-1366. Penalties for false certification.

Sec. 2-1367. Appeals.

Sec. 2-1368. Small business enterprise directory.

The city will create an SBE directory that lists SBEs categorized by types of firms to facilitate identifying businesses with capabilities relevant to a particular specification. Each business listing will contain the business name, contact person, address, phone number, legal structure of the business, and details concerning the company's business specialties. North American Industrial Classification System (NAICS) Codes will be identified for each company. The office of contract compliance will continuously update and maintain the directory on the computer and on hard copy. In compiling this directory, the office of contract compliance will identify as many SBEs as possible that perform the types of work or provide the types of supplies needed by the city. The city will maintain and have available an updated SBE directory and source list(s) for each bid/proposal solicitation to facilitate identifying SBEs working in areas relevant to general contracting requirements and to particular solicitations. (Ord. No. 2009-78(09-O-1876), § 9, 12-15-09)

Sec. 2-1369. Procedures to ensure that SBEs have an equitable opportunity to compete for contracts and subcontracts.

Sec. 2-1369.1. Requirements for joint ventures.

Joint ventures may submit agreements for pre-approval no later than 14 calendar days prior to the date set for receipt of bids on a project. Otherwise, agreements must be submitted on or before the date set for receipt of bids on an eligible project. A bid submitted by a joint venture that does not include a satisfactory written joint venture agreement in accordance with the requirements of this section shall be deemed non-responsive and rejected.

Sec. 2-1370. Methods by which the city will require contractors and subcontractors to comply with applicable SBE requirements.

The city's staff is available to assist contractors and subcontractors in implementing this program. As a standard procedure, such assistance includes:

Sec. 2-1371. Procedures to require that participating SBEs are identified by name by competitors for contracts.

The city shall indicate, in solicitations for contracts that provide opportunities for SBE participation, goals for the use of SBE firms. Solicitations shall require all bidders to submit a written assurance of meeting the goals in their bids or proposals. Bids must also include a proposed schedule of SBE participation that lists the names of SBE subcontractors, a description of the work each is to perform, and the dollar value of each proposed SBE subcontract. If the SBE participation does not meet the SBE contract goals, the bidders must submit sufficient information and evidence demonstrating that the bidder made good faith efforts to meet the goals.

Bidders are required to submit this information with their bids and bidders are so informed at the time of solicitation. Agreements between a bidder and a SBE in which the SBE promises not to provide subcontracting quotations to other bidders shall be prohibited. (Ord. No. 2009-78(09-O-1876), § 9, 12-15-09)

Sec. 2-1372. Means to ensure that competitors make good faith efforts to meet SBE contract goals.