HomeMy WebLinkAboutResolution No. 13 02 249l
l
l
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 13-02-249
A RESOLUTION SUPPORTING LOCAL LEGISLATION BY THE GEORGIA HOUSE
OF REPRESENTATIVES AND SENATE AMENDING AND CLARIFYING THE CITY
OF MILTON CHARTER
THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while In
regular session on the 20th day of February, 2013:
WHEREAS, the City of Milton, Georgia is created and its powers derived from
its Charter, which is approved by the State Legislature; and
WHEREAS, a Charter Commission convened five years after Milton's
incorporation to provide recommendations for the Local Delegation to consider;
specifically, their recommendations sought to clarify or amend sections
determined to be ambiguous or in need of modification for operational reasons;
and
WHEREAS, certain clarifications or alterations are not included in this
Resolution as they may be executed through the Mayor and City Council's
powers of home rule; and
WHEREAS, there are five topics requiring action by the General Assembly; and
WHEREAS, after input from many groups and individuals, including but not
limited to, the Mayor and City Council, the Charter Commission, the Local
Delegation, Milton Staff, the Milton City Attorney, the Milton Financial Advisor,
Community Professionals and Milton Citizens, it is concluded local legislation is
supported and warranted; and
WHEREAS, the 2010 Census reveals electoral districts, as originally
contemplated at the city's incorporation, are now unbalanced due to substantial
population growth and offer a potential threat to the fundamental freedom of fair
and equal representation; and
WHEREAS, in weighing those circumstances, Milton requests the Local
Delegation consider redistricting the city by consolidating six districts into three,
with two members of Council elected from each of the three districts serving
staggered terms with a Mayor elected at large; and
WHEREAS, the Charter provides for a Mayoral veto; and
WHEREAS, as contemplated in the Charter, the strength of that Mayoral veto is
ambiguous; to clarify, it has been interpreted by Legal Counsel that the threshold
to overturn such a veto could be only a simple majority (the same threshold of
Page 1 of 3
l
l
any vote), and because of this, the veto practically does not exist; thus, a stronger
threshold to overturn is appropriate; and
WHEREAS, the Charter specifies the millage rate cap is subject to modification
if "approved by a majority of the eligible voters of the city by referendum" and
contains ambiguity regarding the definition of eligible voters as indicated by the
city attorney and legislative counsel of the Georgia General Assembly and the
interpretation could subject the city to court challenge; and
WHEREAS, the millage rate cap language in the Charter requires further
clarification specifying that the qualified voters are the voters participating in a
referendum, and it pertains to operating budget purposes; and
WHEREAS, the original Charter adopted by the General Assembly creating
Milton and approved by an overwhelming majority of voters did not contain term
limits; and
WHEREAS, there are more than 500 cities in the State of Georgia and research
by the Georgia Municipal Association identified less than 25 of them had any
term limit placed upon the Mayor or the City Council and only two cities with
similar, but less restrictive, term limits; and
WHEREAS, there is value in recognizing the elected historical experience of the
Mayor and City Council and its support of effective and continuous municipal
operations; and
WHEREAS, in more closely aligning Milton with other cities in the State of
Georgia and the Metro Atlanta region, limiting elected officials to three
consecutive terms is reasonable; and
WHEREAS, the Charter calls for the Mayor and City Council to select a Mayor
Pro Tempore to act on behalf of the Mayor in his stead, and that the selection
shall be from amongst themselves by majority vote; and
WHEREAS, in order to not conflict with the staggered election cycle and allow
rotation of the responsibility, we support the Mayor Pro Tempore term to be one
year, elected by a majority vote of the Mayor and Council at their first regularly
scheduled meeting of each calendar year.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA:
1. That this Resolution is intended to officially indicate the support of the Mayor and
City Council for the modifications and clarifications needed in the Milton
Charter; and
Page 2 of 3
L
l 2. The Mayor and Council are appreciative of the Local Delegation for their desire
to make modifications and clarifications to the Milton Charter when they are
determined appropriate; and
3. The City Manager is directed to deliver this Resolution to the Local Delegation
for their consideration.
RESOLVED this 20th day ofFebruary, 2013.
l
Approved:
J
Attest:
Sudie AM Gordon, City Clerk
(Seal)
Page 3 of 3
l