HomeMy WebLinkAboutDrafting a Revised Charter
Augusta Richmond GA
DOCUMENT NAME: \)~rT'^,~ Pr f(.X;Vl<;EO QI+AR'1E,z
DOCUMENT TYPE:
YEAR: ;:20D \
BOX NUMBER: d- l\
FILE NUMBER: \ J s-<t9
NUMBER OF PAGES: ) 1.0
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SunTrust Bank, Augusta
Mail Code CE
Post Office Box 927
Augusta, GA 30903-0927
Tel (706) 821-2214
Fax (706) 821-2084
William R, Thompson
President
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SUNTRUST
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July 20, 2001
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Bob Young, Mayor of Augusta
Commission Members
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Gentlemen:
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In January of this year you appointed eleven individuals to function as a Citizens Advisory Committee for the
purpose of drafting a revised Charter as stated herein:
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It is proposed that a Citizens Advisory Committee be appointed for the purpose of
drafting a Charter that shall bestow on the duly elected governing body of the unified
City of Augusta all governmental and corporate rights, powers, authorities, duties,
functions, privileges and immunities normally assumed by governing bodies of
incorporated, areas under the Constitution and general and special laws of Georgia at
the time of adoption of said Charter.
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We have operated as the Charter Committee and our members are listed below:
William R. Thompson, Chairman
Marion E. Barnes
Nathaniel Charles
Barbara A. Gordon
David E. Hudson
Samuel F, Maguire
Mallory Millender
Quincy L. Robertson
Paul A. Sanders
Jimmy Smith
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Rob Zetterberg
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James B. Wall, Attorney
Chamber of Commerce, Administrative Support
Our group decided to take an approach that involved a detailed study and discussion of every major topic
that we considered germane to Augusta-Richmond County. It involved thirteen (13) meetings, each lasting
approximately ninety minutes in duration. We reviewed our current consolidation bill along with related
local bills, the Columbus Consolidation bill, the Athens Consolidation bill and the recent Grand Jury report
as reference for our deliberations. Our committee covered the following topics as part of this process:
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Commissioner/Employee Contact
Quorum and Abstentions
Ethical Standards
Mayoral Powers
Legal Department
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SunTrust Bank, Augusta
Mail Code CE
Post Office Box 927
Augusta. GA 30903-0927
Tel (706) 821-2214
Fax (706) 821-2084
William R, Thompson
President
July 20, 2001
Ms. Lena Bonner, Clerk of Commission
Municipal Building
530 Greene Street
Augusta, GA 30911
Dear Lena:
I am writing to you to request that the Charter Committee be
allowed to present its report at the August 7th Commission
meeting. The full report is included for your information. The
Mayor has indicated we can be placed at the beginning of the
Agenda.
Sincerely,
.;,
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1Ji/
Enclosure
CC: Charter Committee Members
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Bob Young, Mayor of Augusta
Commission Members
Page 2
July 20, 2001
Our recommendations are enclosed for your review. All recommendations were passed by unanimous vote of
those present. While we were split on several issues such as increased mayoral powers and administrator
powers, we decided that we would not move on issues where our votes were split along racial lines. On the
positive side our group is advocating the following changes to our Charter, which are detailed in the enclosed
report:
1) Increase personnel and purchasing authority for the City Administrator;
2) Provide for the re-election of Commissioners after a two-year waiting period following service of two full
four-year terms;
3) Provide for the removal of a member of the Commission for serious ethical violation;
4} Provide for a review of the Charter every 4 years in a non-election year;
5} Provide for the establishment of a Community Race Relations Committee;
6) Provide that the City Attorney conduct mandatory ethics training for Commissioners every 2 years;
7) Recommend that the current Charter be redrafted so as to include other local Acts that remain in effect
from both the County and City prior to consolidation and consolidate into a revised and updated
document; and
8) Maintain independent outside City-County Attorney to coordinate the activities of the City's Legal
Department.!
We also endorsed ordinances passed by the City related to Commissioner /Employee Contact and Ethics.
Since our meetings were open to the public, you are most likely aware that our committee spent a significant
portion of our time addressing the Race Relations issue. I believe without exception that each of us would
acknowledge that this is the most daunting obstacle facing our community. It is an impediment to our
economic growth as well as our general advancement in a number of other areas that are critical to quality of
life. Therefore, we strongly urge the establishment of the Race Relations Committee as outlined in our
report. However, our experience has also revealed that the private sector will be necessary in improving race
relations as welL It is our hope that business, civic, academic and other leaders in Augusta will take this issue
seriously and become part of the solution. Cities such as Atlanta and Greenville have not permitted this
challenge to stand in the way of progress. The leaders of Augusta should accept no less.
Finally, I would like to take this opportunity to commend each and every individual who served on the
Charter Committee. This was an enormous commitment of time and talent. Due to the caliber of these
people, we were able to discuss difficult topics with candor and respect. By the conclusion of this process,
each of us had a much better appreciation of the challenges we face, and I believe that most would admit to
changing our opinion on at least one issue as a result of our discussions. Let me also commend Jim Wall for
his expertise and his responsiveness. His assistance was invaluable; the Commission's wisdom in making him
available to us is greatly appreciated. A great deal of administrative support was provided by Laurie Davis
and Leslie Johnikin of the Augusta Metro Chamber of Commerce and Vera Kent of SunTrust Bank. Thank
you for the opportunity to serve our community in this way.
Sincerely,
8#
MEMO
To:
Charter Committee Members
From:
Jim Wall
Date:
July 5, 2001
Re:
Charter Amendments
I attaching proposed Charter provisions making the changes approved
by the Charter Committee in its meeting on June 26, 2001, which:
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. Amend the provision relating to the City Administrator to
. Authorize the City Administrator greater purchasing authority if I
the funds have been budgeted;
. Grant the Administrator greater authority over the personnel;
. Authorize the Administrator the right to hire employees up to I
the midpoint of the salary range
. Provide for the re-election of Commissioners after a two-year
waiting period following service of two full four year terms I
. Provide for the removal of a member of the commission for a
serious ethical violation;
. Provide for a review of the Charter every 4 years in a non-
election year; and I
. Provide that the City Attorney conduct mandatory ethics training
for the Mayor and Commissioners every 2 years.
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PROVISION FOR ADMINISTRATOR GRANTING ADDITIONAL POWERS FOR
PURCHASING, HIRING OF DEPARTMENT HEADS, AND illRING OF EMPLOYEES
UP TO THE SALARY MID-POINT
ADMINISTRATOR FOR AUGUSTA
SECTION 1. COUNTY ADMINISTRATOR, POWER AND AUTHORITY TO ELECT;
DUTIES, TERMS AND CONDITIONS OF EMPLOYMENT
The Augusta-Richmond County Commission shall have the power
and authority to elect a City administrator, who shall have an
office at the courthouse. The City administrator shall be
responsible to the Augusta-Richmond County Commission for the
proper administration of the affairs of the county. The terms
and conditions of employment of the City administrator, and the
duties of the City administrator ~hall be as determined by the
Augusta-Richmond County Comm~ssion.
SECTION 2. ELECTION OF ADMINISTRATOR
(a) The Administrator for Augusta shall be
elected/appointed by a majority vote of the Augusta-Richmond
County Commission, from nominations presented by the Mayor in
accord with the recruitment process approved by the Augusta-
Richmond County Commission. The Mayor shall present the. three
top candidates for appointment, along with his recommendation.
The Commission shall elect/appoint an Administrator from among
the three candidates presented by the Mayor. Should none of the
candidates be elected/appointed, then the Mayor shall nominate
three new candidates from those who applied through the
recruitment process.
(b) The Administrator is employed at the pleasure of the
Mayor and Commission and shall perform duties under the direction
and supervision of the Commission through the Mayor, The
Administrator shall maintain regular contact with the Mayor and
through the Mayor keeps all Commission members informed on
significant and/or controversial issues involving the government,
its services, policies, and employees.
(c) In the event of a vacancy in said office for any cause,
the Commission may elect an Acting Administrator by a majority
vote pending the election/appointment of an Administrator as
provided in subsection (c) hereof,
SECTION 3. SUSPENSION, REMOVAL BY COMMISSION; HEARING.
(a) The Administrator may be removed only by a majority
vote of the Commission.
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(b) The Mayor is empowered to impose disciplinary action
upon the Administrator after ratification by a majority of the
Commission. In case of suspension or removal, the Administrator
shall be given a written statement of the reasons for such
action. He may, within five (5) days from receipt thereof,
request a public hearing thereon before the Commission. Upon
receipt of such request, a hearing shall be set not earlier than
ten (10) days nor later than fifteen (15) days from the date of
such request. Pending such hearing, and until final action has
been taken thereon, the Administrator may be suspended from
office and all of the duties thereof performed by some other
person designated by the Commission to perform such duties. The
action of the Commission in suspending or removing the
Administrator shall be final.
SECTION 4. QUALIFICATIONS.
The Administrator shall be chosen by the Commission solely
upon the basis of his executive and administrative
qualifications, with special reference to his actual experience
in or knowledge of accepted practices in respect to the duties of
his office, as hereinafter set forth. He shall be of good
character and be of proven executive ability and experience, No
person related by blood or marriage within the third degree to
any member of the Commission shall be eligible for appointment as
Administrator, No member of the Commission, or holder of a
public elective office in Augusta during the term of office for
which he was elected, or for a period of one (1) year thereafter,
shall be eligible for appointment as Administrator.
SECTION 5. SALARY.
The Administrator shall be paid an annual salary to be fixed
by the Commission.
SECTION 6. BOND.
Before entering upon his duties, the Administrator shall
give bond in a minimum amount of one hundred thousand dollars
($100,000,00), payable to Augusta, upon which bond action may be
brought in the name of Augusta at the instance of the Commission,
for any act of misfeasance, nonfeasance or malfeasance; the
premium on such bond shall be paid out of Augusta treasury, and
the bond shall be kept by the probate judge.
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SECTION 7. OATH.
Before entering upon his duties, the Administrator shall
take and subscribe an oath for the faithful performance of his
duties under this Code, which oath shall be duly entered on the
minutes of the Commission.
SECTION 8. DUTIES.
The Administrator shall be the administrative officer of
Augusta and head of the administrative branch of Augusta
government. The Administrator shall be responsible to the Mayor
and Commission for the proper administration of all affairs of
Augusta, and his duties shall be as follow:
(a) To recommend for appointment or removal all Augusta
department heads, subject to the approval of the Commission, with
the exception of the Augusta attorney, the Clerk of the
Commission, the Equal Opportunity Officer, and the Internal
Auditor, all of whom shall be appointed and discharged directly
by the Commission;
(b) The Administrator shall be the appointing authority for
all other Augusta employees whose appointment is now or
hereinafter vested in the Commission, and shall have the right to
employ and discharge the same; provided, however, the
Administrator shall not have the authority to hire an employee at
more than the mid-point of the salary ranqe for such position
without Commission approval;
(c) To execute all lawful orders, directions, instructions,
and all ordinances, resolutions and regulations adopted by the
Commission consistent with this Code and entered upon the minutes
of the Commission; in the execution of these matters, the
Administrator shall keep the Mayor fully informed and shall
coordinate with the Mayor to ensure that all laws, ordinances,
and resolutions of Augusta-Richmond County are faithfully
executed;
(d) To supervise, direct and control the operation of all
departments, offices and employees now or hereinafter subject to
the jurisdiction of the Commission;
(e) To attend all meetings of the Commission, with the
right to take part in the discussion;
(f) To prepare and to recommend salary scales for all
employees;
(g) To prescribe the duties and supervise the work of
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Augusta employees;
(h) To require reports from heads of departments, and other
employees trusted with administrative duties or exercising
discretion;
(i) To supervise the preparation of a proposed annual
budqet and to submit same to the Mayor and Commission; when the
budget has been prepared and adopted as provided by law by the
Commission, it shall be the duty of the Administrator to execute
the budget; no department or office of Augusta-Richmond County
government shall exceed the budget without the approval of the
Commission;
(j) To keep the Mayor and Commission fully advised on the
financial conditions and future needs of Augusta and shall make
such recommendations on Augusta affairs as the Administrator
deems necessary for the efficient operation of Augusta;
(k) To act as liaison between the Mayor and/or Commission
and all department heads or employees of Augusta;
(1) To confer with and assist all other elected or
appointed officials of Augusta and Richmond County, and all
departments, such as Augusta-Richmond County Health Department,
the Augusta-Richmond County Department of Family and Children
Services, whose missions are not under the direct control and
supervision of the Commission, but who are dependent upon the
appropriations of the Commission for their continued operation;
(m) To submit to the Mayor and Commission at the end of
each fiscal year a complete report on the finances and
administrative activities of Augusta-Richmond County for the
preceding year;
(n) To see that all legislation, programs, regulations or
plans promulgated and required by the state or federal government
are duly carried out and complied with in accordance with such
legislation, programs, regulations or plans;
(0) To perform such other duties as may be required of him
by the Mayor and Commission.
SECTION 9. EXAMINATION OF DEPARTMENTS' BOOKS, RECORDS.
The Administrator shall have at all times the authority to
examine all books and papers of each department of Augusta.
SECTION 10. DUTIES REGARDING PURCHASING; DELEGATION TO
SUBORDINATES.
(a) Subject to rules established by the Mayor and
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Commission, the Administrator shall authorize all purchases for
Augusta, subject to the laws requiring advertisement and bids.
He shall supervise the disbursement of all Augusta funds, and
shall render such reports as may be required by the Commission.
The Administrator may delegate purely administrative duties to
subordinates in government whose work the Administrator shall
supervise and direct; however, the designation or assignment of
duties to subordinates shall not relieve the Administrator from
his responsibilities for administration of Augusta affairs.
(b) When funds have been properly budqeted, the
Administrator is hereby authorized to purchase any goods,
materials or supplies of any nature used by Augusta, in any of
its governmental affairs, without bid and legal advertisement, by
obtaining at least three written quotations entered on the
minutes of the Augusta-Richmond County Commission monthly, and
retained for a period of at least two years, when the cost of
said goods, materials or supplies is not more than $25,000.00,
SECTION 11. POLITICAL ACTIVITIES.
The Administrator shall not engage in or be concerned with
any partisan politics or any political campaign. He shall not
contribute to any campaign fund or solicit funds for political
purposes from any other person. He shall not appoint any
relative as an employee of Augusta unless such relative shall
qualify and become eligible for appointment under the rules of
the Commission and be recommended by the Commission.
SECTION 12. TO DEVOTE FULL TIME TO DUTIES OF OFFICE.
The Administrator shall devote his entire time to the duties
of his office and shall maintain his office at the courthouse or
municipal building.
SECTION 13. GENERAL ADMINISTRATIVE DUTIES.
(a) As administrative officer, it shall be the duty of the
Administrator to conduct, supervise and administer all Augusta
affairs, subject only to the general law, to rules prescribed by
the Mayor and Commission; and subject to the right of the Mayor
and Commission to review, repeal or modify any action of the
Administrator which is contrary to the general law or such
rules, by a vote of a majority of the Commission at any
subsequent, regular or called meeting, when such vote thus
reviewing, repealing or modifying the action of the
Administrator shall be entered in writing on the minutes of the
Commission,
(b) The Administrator will assemble and provide necessary
documentation for the Mayor and Clerk of the Commission to
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prepare the agenda for all Commission meetings.
(c) The Administrator shall be responsible to the Mayor and
Commission for the establishment of comprehensive, efficient and
professional administered systems of:
(1) Financial planning and control;
(2) Personnel management, employee and
supervisory training and compensation;
(3) Equipment and supply purchasing and inventory
control;
(4) Equal employment opportunity;
(5) Small and minority business opportunity;
(6) Community land use, economic development and
strategic planning; and
(7) Citizen information and service.
(d) The Administrator shall prepare and present to the
Mayor and Commission annually a public report on:
(1) State of the community and government;
(2) Accomplishments during the past year; and
(3) Community and organization needs and
objectives for the coming year,
(e) The Administrator shall be the official spokesperson
and representative of the Mayor and Commission with the Augusta-
Richmond County government organization.
(f) The Administrator shall have such other powers and
duties as imposed on him by ordinance or by the Commission.
SECTION 14. DUTIES REGARDING PUBLIC WORKS.
The Administrator shall receive all requests for public
work, road building, repairs to bridges and roads and public
buildings, the construction of water and sewer mains, the
opening, grading and improving of public roads and sidewalks. It
shall be his duty to investigate and recommend to the Mayor and
Commission a program for all such work, but nothing herein shall
be construed to prevent the Administrator from performing
immediately any work in an emergency that is necessary to protect
the interests of Augusta or the citizens thereof. It shall be
the duty of the Administrator to receive and consider requests
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for appropriations of Augusta funds, all of which he shall
investigate and report to the Mayor and Commission, with his
recommendation thereon,
SECTION 15. RECEIVING AND TRANSMITTING REPORTSi USE OF AUGUSTA
PROPERTYi CLAIMS AGAINST AUGUSTA.
All requests and reports of Augusta officers shall be made
to the Administrator for his approval or recommendation to the
Mayor and Commission; all requests and reports of Augusta
departments shall be presented to the Administrator for his
recommendation to the Mayor and Commission; the use and
disposition of Augusta property shall be under the supervision
and direction of the Administrator, subject to approval by the
Mayor and Commission; all claims against Augusta-Richmond County
shall be presented to the Administrator, who shall investigate
same and report same to the Mayor and Commission, together with
his recommendation thereon.
SECTION 16.TAX RECOMMENDATIONS.
It shall be the duty of the Administrator, with the
cooperation of Augusta comptroller, to investigate the tax
digests and to recommend to the Mayor and Commission the levy of
a sufficient tax upon all property 'of Augusta, which tax,
together with all other sources of revenue which may lawfully be
anticipated, shall be sufficient to balance the budget, after it
has been adopted,
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RE-ELECTION OF COMMISSIONERS
Section 2, paragraph (d), of the Charter of Augusta (1995 Ga. Laws,
page 3648), should be amended to read as follows:
(d) No person shall be eligible to serve as a Commissioner
unless he or she:
(1) has been a resident of the Commission district from
which elected for a period of one year immediately prior to the
date of the election;
(2) continues to reside within the Commission district
from which elected during his or her term of office;
(3 )
County; and
lS a registered and qualified elector of Richmond
(4) meets the qualification standards required for
members of the Georgia House of Representatives as are now or may
in the future be prescribed by the Georgia Constitution.
No person who has served two consecutive full four-year terms of
office as Commissioner shall again be eligible to hold office as
Commissioner until after the expiration of two years from the
conclusion of that person's last term of office as Commissioner.
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REMOVAL FOR SERIOUS ETHICAL VIOLATION
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1) Grounds of removal. The Mayor or any Commissioner
shall be subject to removal from office for anyone or more
the following causes:
(a) Misfeasance or malfeasance in office;
(b) Conviction of a crime involving moral turpitude or
a crime punishable as a felony;
(c)
Failure at any time to
qualifications of office
Consolidation Act or by law.
possess any
as provided
of
by
the
the
(d) Violation of the Code of Ethics as provided by the
ordinances of Augusta; or
(e) Abandonment of office,
2 )
Procedure for removal.
Removal of an elected
officer provided for herein from office may be accomplished by
affirmative vote of seven members of the Commission.
In the
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event an elected officer is sought to be removed by the action
of the Commission, such officer shall be first entitled to a
written notice specifying the grounds for removal and to a
public hearing which shall be held not less than 30 days after
the service of such written notice.
Any elected officer
sought to be removed from office as herein provided shall the
right of appeal from the decision of the Commission to the
Superior Court for a jury trial de novo. Such appeal shall be-
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governed by the same rules as govern appeals to the Superior
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Court from the Probate Court.
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COMMITTEE FOR COMMUNITY RACE RELATIONS
The Charter of Augusta (1995 Ga. Laws, page 3648) shall be amended
to add a new paragraph (e) to Section 4 to read as follows:
(e) At its first meeting of each year 1 the
Commission shall organize a Committee for
Community Race Relations to be composed of
four (4) members of the Commission. The Mayor
and Mayor Pro Tempore shall recommend to the
Commission the proposed membership of such
Committee. The Chairman of the Committee
shall rotate each year between members of a
different racial or ethnic background. The
Committee shall:
(1) advise the Augusta-Richmond County
Commission as to the resource needs of the
Human Relations Commission, or such other
commissions or organizations that have as
their primary purpose the improvement of
race relations in Augusta;
(2) act as liaison between the Augusta-
Richmond County Commission and the Human
Relations Commission, or such other
commission or organization as provided for
herein;
(3) promote activities to improve
relations within Augusta; and
race
(4) organize and conduct an annual mandatory
seminar on race relations for the Augusta
Richmond County Commission and Mayor.
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CHARTER REVIEW
The Charter of Augusta (1995 Ga. Laws, page 3648), should be
amended to add a provision to read as follows:
(a) In January, 2004, and every four years thereafter, the Augusta-
Richmond County Commission shall appoint a Charter Review Committee
to be composed of eleven members who are registered voters and
residents of Richmond County. Each Commissioner shall appoint one
member, and the Mayor shall appoint one member who shall serve as
chairman of the committee.
(b) Said committee shall review the operations of the government
and make recommendations for any Charter amendments deemed
necessary to provide for the efficient and effective operation of
the government of Augusta.
(c) Said Charter Review Committee shall complete its review and
make its report and any recommendation for any Charter amendments
by July 1 of the year of its appointment.
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