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Section 3.10. Administrative and Service Departments. (a) Except as otherwise provided herein, the council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the city, as they shall deem necessary for the proper administration of the affairs and government of the city; shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions of offices, positions of employment, departments and agencies of the city.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinances of the council. Each department shall consist of such officers, employees, and positions as may be provided by this Charter or by ordinance, and shall be subject to the general supervision and guidance of the council.
(c) Except as otherwise provided by this Charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment.
(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council.
Section 3.11. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities of the city shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this Charter or by applicable State law. The city manager shall be an ex-officio member of all such boards, commissions and authorities and shall act as liaison officer between them and the mayor and the council.
(b) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this Charter or any applicable State law.
(c) No member of any board, commission or authority shall assume office until he shall have executed and filed within the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor.
(d) Any member of the board, commission or authority may be removed from office for cause by a two-thirds vote of the members of the council.
(e) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.
(f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance.
(g) Except as otherwise provided by this Charter or by applicable State law, each board, commission or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appointment as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the city, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city.
Section 3.12. Personnel Administration. The council may adopt ordinances, rules and regulations consistent with this Charter dealing with: (1) the method of employment selection and probationary periods of employment; (2) adoption and administration of a position classification and pay plan including methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies and procedures as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city.
Section 3.13. City Clerk. The council shall appoint a city clerk, who shall also serve as the city treasurer, with such compensation as shall be provided in the annual budget as adopted by the council. The city clerk shall keep a journal of the proceedings of the city council, maintain in a safe place all records and documents pertaining to the affairs of the city and perform such other duties as may be required by law or as the council or city manager may direct.
Section 3.14. City Manager; Appointment; Qualifications; Compensation. The city council shall appoint a city manager for an indefinite term and fix his or her compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications. He or she need not be a resident of the city or state at the time of his appointment, but shall reside within Habersham County while in office.
Section 3.15. Removal of City Manager. (1) The city council may remove the manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager. (2) Within five days after a copy of the resolution is delivered to the manager, he may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days not later than 30 days after the request is filed. The manager may file with the council a written reply to the hearing. At the hearing, the manager shall have the right to be represented by counsel, to present evidence, and to cross-examine any witnesses against him or her. (3) The city council may adopt a final resolution of removal, which may be made effective immediately, but not sooner than the final day of suspension of the manager, by affirmative vote of a majority of all its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one. The manager shall continue to receive his salary until the effective date of the final resolution of removal.
The city manager may be removed from office for cause or without cause. If removed without cause, he or she shall be entitled to receive his or her regular salary for a period of 30 days from effective date of the final resolution of removal.
Section 3.16. Powers of Duties of the City Manager. The city manager shall be chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this Charter. He shall have the following powers and duties:
(1) (A) He shall appoint and, when he deems it necessary for the good of the service, suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by general state law, this Charter or personnel ordinances adopted pursuant to this Charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.
(B) Any city employee or administrative officer suspended or removed under subparagraph (A) may, within five days of such suspension or removal, file a written request with the city council requesting a review of such action. If such written request is filed, the city council may veto any such suspension or removal within 30 days thereof. (2) He shall direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by general State law.
(3) He shall attend all city council meetings and shall have the right to take part in discussion but may not vote.
(4) He shall see that all laws, provisions of this Charter and acts of the city council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.
(5) He shall prepare and submit the annual operating budget and capital budget to the city council. He shall be authorized to make expenditures and purchases in accordance with the operating budget. All purchases shall be made by comparative shopping at 3 or more sources, if available. All expenditures for the capital budget shall have prior approval of the mayor and council.
(6) He shall make such reports as the city council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision.
(7) He shall keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as he deems desirable.
(8) He shall perform such other duties as are specified in this Charter or may be required by the city council.
Section 3.17. Council Interference with Administration. Except for the purpose of inquiries and investigations under section 2.15, the mayor and the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the mayor, the city council or its members shall give orders to any such officer or employee, either publicly or privately.
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