Wednesday, February 7, 2001

The charter and the power:
PTC city manager to get most of mayor's authority

By JOHN MUNFORD
jmunford@TheCitizenNews.com

It may turn out that all the proposed changes to update Peachtree City's charter won't have to be approved by the General Assembly after all.

City Attorney Rick Lindsey said Monday that the City Council should be able to enact the changes using its home rule power.

The only charter change that might require legislative approval is the new section addressing the powers and responsibilities of the city manager, depending on the final language used in the document, Lindsey added.

By changing the charter under home rule, council can slow down the process and hold a few public hearings before voting to make the changes official, Lindsey said.

The current charter, which was originally passed in 1959, does not address the role of the city manager. Rather, many powers and responsibilities are given to the mayor.

If it is determined the legislature must approve the portion of the charter outlining the city manager's role, the general assembly might not be able to take that up until next year, Lindsey added.

One of the most significant charter revisions would divert most of the mayor's current powers to the city manager. The mayor would remain the chief executive officer while the city manager would become the chief administrative and operational officer of the city.

The mayor would also lose the veto power, which was basically meaningless anyway, Lindsey told council at an earlier meeting.

Another potential revision would require council members to deal with city officers and employees through the city manager, except in "formal inquiries and investigations." That language was designed to prevent council interference with the city's day-to-day operations.

Spearheaded by councilwoman Carol Fritz, the review of the charter was meant to update the document, particularly since Peachtree City is now much larger than it was in 1959. Lindsey has reviewed the charter and made suggestions of changes that are necessary.

One suggestion involves how vacancies on council are filled.

If a council seat or the mayor's seat becomes vacant, council will appoint someone to fill the position temporarily, either until the term expires or until a special election can be held if the remainder of the term is greater than one year.

The charter would leave it to the mayor's discretion as to how the temporary appointments will actually be made, but the mayor would be required to notify fellow council members of the format at least 10 days before the meeting during which the appointment is to be made.

The charter would also require a majority vote to fill the vacated seat.

The charter would also change the quorum from four to three council members, but only if there are vacancies on two council seats or one council seat and the mayor's seat. That way the city could still conduct official business, Lindsey said.

Currently, if two council members miss one meeting or more, "city government is absolutely paralyzed," Lindsey told council at its meeting Thursday night.

The new language addressing the role of the city manager states that the city manager should serve for a length of time and a set salary outlined in a contract with the city.

Partly, that's because the city manager has no one above him to raise questions about his own salary, Lindsey said. That will also enable the city to attract quality city managers in the future, he added.

Council also decided to put language in the charter that the mayor and council would be responsible for performing the evaluation of the city manager.

Current City Manager Jim Basinger does not have an employment contract with the city.

Lindsey also told council that some of the provisions regarding the municipal court have been changed in the new version of the charter to make them coincide with current state and federal laws.

The old charter allowed the mayor or any council member to serve as municipal judge in some circumstances, but that practice is "strictly forbidden now," Lindsey said.

Lindsey also suggested requiring that the municipal judge be a licensed member of the Georgia State Bar and in good standing with that organization.