§ 1. City manager.

(a)

There is created the office of city manager for the City of Chamblee, Georgia. The city council, by a majority vote of its total membership, shall appoint a person to serve as city manager for an indefinite term and shall fix the manager's compensation. The manager shall be appointed solely on the basis of his or her executive and administrative qualifications.

(b)

No member of the city council shall be appointed city manager during the term of office for which he or she is elected or for a period of one year thereafter.

(c)

By a letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability. The city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns.

(d)

The city manager shall be the chief executive officer of the city, responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter or state law. Specifically, the city manager shall:

(1)

Appoint and, when necessary for the good of the city, suspend or remove all officers and employees of the city subject to this charter and applicable personnel policies and procedures, which the mayor and council had been heretofore empowered to appoint and discharge, except the city attorney, the outside auditor, the municipal judge, the assistant judge, and inspectors, who shall be appointed and removed by the mayor and council. The city manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;

(2)

Direct and supervise the administration of all departments, offices, and agencies of the city except as otherwise provided by law or this charter;

(3)

Attend all city council meetings. The city manager shall have the right to take part in discussion but shall not have the right to vote;

(4)

See that all laws, provisions of this charter, and acts of the city council subject to enforcement by the city manager or by officers subject to the manager's direction and supervision are faithfully executed;

(5)

Prepare and submit the annual operating budget and the capital budget to the city council;

(6)

Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;

(7)

Make such reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the manager's direction and supervision;

(8)

Keep the city council fully advised as to the financial condition and future needs of the city;

(9)

Make recommendations to the city council concerning the affairs of the city; and

(10)

Perform such other duties that are specified by state law or this charter or are required by the city council.

(e)

Except for the purposes of inquiries and investigations as authorized by a majority vote of the council, the mayor, the city council, and members of the city council shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the manager; and neither the mayor, the city council, nor individual members of the city council shall give orders to any such city officer or employee, either publicly or privately.

(f)

The city manager shall not be eligible for election as a member of the city council of Chamblee for a period of one year after termination of service as city manager.

(g)

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, the manager may file with the city council a written request for hearing by the city council. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing; and

(3)

If the manager has not requested a hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the hearing.

(h)

The manager shall continue to receive his or her salary until the effective date of a final resolution of removal.

(1993 Ga. Laws (Act No. 102), § 5)