Just one month into his term, Roswell Mayor Kurt Wilson is proposing a round of changes to the city charter, the document that specifies the powers of elected officials and how the city is run.
The Gist: Wilson is proposing several changes including, giving the mayor authority over department heads instead of the city administrator, changing how the city manager, city clerk and city attorney are appointed and fired, changing how the mayor pro-tem is elected, giving the mayor a line item veto, among other changes.
The Proposal: The proposed changes appeared on a city council agenda released Friday afternoon. The City Council will meet Monday night at 7 p.m. at Roswell City Hall to discuss and vote on the plan.
Update: Sunday evening, the Wilson released a statement indicating that he plans to drop changes to how vacancies are filled. “The proposed draft includes changes to how elected official vacancies are filled. The proposed change would allow the mayor to appoint a person to the vacated seat and council confirm the appointment. I will be deleting the charter updates to the vacancy section and will not move that forward,” Wilson said.
Wilson’s full statement is available at the end of this article.
Specific Changes: The proposed charter amendments released by the city only show the new portions of the charter, but do not show how they are being changed. However, a comparison between the proposed charter and the current charter show the following changes.
Note, changes are shown in the order they appear on the city charter and there are several changes.
Mayor’s Powers
Currently, the mayor of Roswell can only vote in case of a tie on any motion resolution, ordinance, or other question before the council and may vote on any matter before a committee on which he serves.
Wilson’s proposed charter keeps this language the same, but nixes the mayor’s vote in committees, where votes generally aren’t taken anyway.
Under the current charter, the mayor appoints council members to “oversee and report on the functions of the various departments of the city.”
Wilson’s proposal removes council members as overseers and instead makes them liaisons. Here is the wording: “Appoint councilmembers as liaisons over the departments of the city to oversee and report on the functions of the various departments, provided each councilmember shall be a liaison to at
least one department of the city.”
Under the current charter, the mayor can require members of departments of the city to meet with him for “consultation and advice upon the affairs of the city.” Wilson’s proposed changes do not contain this item.
The current charter gives the mayor the power to: “Name qualified residents of the city to boards and commissions with approval of the city council.”
The proposed charter changes approval to confirmation.
The proposed charter gives the mayor the specific ability to “Appoint and/or terminate, with confirmation of city council, the city manager, city attorney and city clerk and other city employees as deemed appropriate unless prohibited by law.” In the current city charter the mayor is allowed to “Make recommendations with respect to the employ or termination of city employees.”
The current charter says the mayor must “Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted by the mayor, any councilmember, the city administrator and the city attorney.”
Under Wilson’s proposed charter, the mayor must only “Prepare or have prepared an agenda for each meeting of the city council.” The item makes no mention of who can submit items for the agenda.
Mayor Pro-Tem
If you don’t regularly attend city council meetings, you m ay not be familiar with the concept of a Mayor Pro-Tem. The Mayor Pro-Tem is the city council member who serves as mayor in the absence of the mayor or who presides over city council meetings when the mayor is unable to attend.
Currently, the Mayor Pro-Tem is elected every January to serve a one year term. No one can serve consecutive terms.
Under Wilson’s proposed charter, the Mayor Pro-Tem would serve a two year term and would be chosen every two years in January following a municipal election.
Wilson also wants to change the powers the Mayor Pro-Tem would have in the mayor’s absence. Currently, the Mayor Pro-Tem has all the duties of the mayor. Under Wilson’s proposal the Mayor Pro-Tem would not have the power to hire or fire any position appointed by the mayor.
Veto Power
Currently, the mayor of Roswell has the power to veto items passed by the City Council. The mayor only gets to vote if there is a tie, but he can use a veto to provide a check and balance to the council. Wilson wants to change that from a standard veto to a line-item veto. This means that the mayor would be able to veto individual parts of a city council action instead of vetoing the entire ordinance.
Wilson also wants to change the time given to act on a veto and the procedures for overriding a veto. Currently, the charter says the mayor must exercise his veto the next time the council meets after the action he is vetoing. Wilson’s proposed charter would change that to the next regular meeting of the city council.
As far as override goes, currently, if the mayor vetos a council action, the action immediately appears on the next council agenda for an override vote. A 2/3 majority of all city councilmembers is required to override a veto. Wilson wants to change that to 66% of councilmembers present at the meeting. In addition, if an override fails, Wilson’s proposal would prevent the item from appearing again on an agenda for six months.
City Administrator
For background information, Wilson’s relationship with the current Roswell city administrator got off to a rocky start. You can read more about that here.
Now, Wilson is proposing significant changes to the city administrator’s position, the first of which is a title change. Under Wilson’s proposed charter, the city administrator is changed to the city manager.
The next change on Wilson’s agenda is how the city manager is appointed. Under Wilson’s proposal the mayor appoints a City Manager with confirmation by the city council instead of the mayor and council appointing the city administrator by majority vote. Wilson’s proposal also specifies that the city council will determine the compensation of the city manager, which isn’t spelled out under the current charter.
Wilson is also proposing a major role change for the city administrator. The current charter puts the city manager in charge of all city staff and departments.
The proposed changes put the city manager in charge of all city departments, but puts the mayor in charge of department heads. Here is that wording: The city manager “shall function as the chief administrative and budget officer of the city and all of the several departments shall report directly to the city manager provided the mayor shall have direct oversight over all department heads.”
Wilson’s proposal also gives the city manager ability to run day to day operations, but makes the mayor the “chief executive officer of the city.”
Wilson is also proposing giving the mayor greater powers to fire the city administrator. The proposed charter reads: “The mayor with confirmation of city council or the city council by majority vote may terminate the city manager.” Under the current charter this is not specifically spelled out.
City Clerk
Many of the changes to the city clerk’s position are similar to that of changes to the city administrator.
Under the current charter the clerk is appointed by the city council and serves at the pleasure of council. Under Wilson’s proposed charter, the clerk would be appointed by the mayor and confirmed by the city council. Wilson again outlines that the city council would set the clerk’s compensation.
Under the current charter, records fees could be set by ordinance of the city council. Under Wilson’s proposal, records fees can be set by resolution and ordinance.
Like the changes to the city administrator position, the proposed changes would give the mayor the expressed ability to fire the city clerk with confirmation from the city council.
City Attorney
Similar to the previous two positions, the proposed charter would make the attorney appointed by the mayor with the confirmation of council, allows the city council to set compensation, and gives the mayor the expressed ability to fire the city attorney with the confirmation of city council.
Elections & Removal of Elected Officials
Under the current charter one of the ways an elected official can forfeit his office is as follows: “Fails to attend three (3) consecutive meetings of city council, unless such absence is excused by the presiding officer of the council.”
Under Wilson’s proposed changes, the city council would have some ability to vote on whether or not an absence is excused. The proposed change reads: “Fails to attend three (3) consecutive regularly scheduled meetings of city council, unless such absence is excused by the presiding officer of the council or a majority vote of those councilmembers present and qualified to vote”
The current charter sets the following procedure for a vote to remove an elected official: “Removal of an elected officer from office may be initiated by two-thirds ( 2/3 ) vote of the entire membership of the council.”
Wilson’s proposal changes this to 75% of the remaining members of the entire mayor and council.
City Council Vacancies
Note: Wilson says this set of changes pertaining to council vacancies will not be considered at Monday night’s meeting. They are still listed below for your reference.
For background information, the city council recently approved a medical leave of absence for city councilman Marcelo Zapata.
Several items are listed as reasons a council seat can be considered vacant under the current charter. However, Wilson adds the following criteria in his proposed charter: “inability to continue in office due to health issues.”
The current charter says the following about taking a leave of absence: “if granted a leave of absence (excused) by the city council and such leave of absence (excused) is entered on the minutes”
Wilson’s amendment firms up a leave of absence and reads as follows: “A leave of absence granted by city council shall last no longer than six (6) months and shall be entered on the minutes. If such leave of absence is not extended by the city council, at the expiration of a leave of absence granted by the mayor and city council, such mayor or councilmember’s office shall be vacant.”
How vacancies on the city council are filled is also subject to major changes under Wilson’s proposed charter. Under the current charter, if a vacancy occurs within 12 months of the expiration of the term but not within 90 days prior to the next regular city election, the vacancy will be filled by the city council appointing a new member to fill the unexpired term. If a council seat is vacant with more than 12 months left int he term, a special election is held.
WIlson’s proposal changes that so that if a council seat is vacated with more than 90 days left in a term, the mayor would be able to appoint a council member with confirmation from city council. Residents would not get to vote on a new council member until the next city council election.
You can read the changes below for yourself:
Current Charter: “If the vacancy occurs within twelve (12) months of the expiration of the term, but not within ninety (90) days prior to the regular city election, the vacancy shall be filled by the remaining members of the council electing a qualified person to serve out the unexpired term of office; provided, however, that at no time shall there be more than one (1) councilman so appointed holding office; and if a vacancy occurs on the city council with one (1) member so appointed on the city council, a special election shall be held within a period of sixty (60) days after the office becomes vacant pursuant to a call of a special election as provided by this Charter and state election law; if said election is called, the previously filled vacancy and the existing vacancy shall be filled for the remainder of the unexpired terms. Provided, however, if a regular election for the city shall be held within three (3) months after the second vacancy occurs, the vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election.”
Proposed Charter: “If the vacancy occurs within more than ninety (90) days prior of the expiration of the term, but not within ninety (90) days prior to the regular city election, the vacancy shall be filled by appointment of the mayor with confirmation by city council, provided that at no time shall there be more than one councilmember so appointed. If another vacancy occurs in the office of a member of city council while an appointed member of council continues to serve, a special election shall be called within sixty (60) days as provided by this Charter.”
The proposed charter also eliminates language for a special election being held outside of times not provided for in the charter.
Lastly, Wilson’s proposal changes the procedure for a vacancy in the mayor’s office, giving the office to the mayor pro-tem without a special election.
The current charter reads: “In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in the manner prescribed by the Georgia Election Code as it now exists or may hereafter be amended, so long as the vacancy occurs at least three (3) months prior to the regular expiration date of the term. If the vacancy occurs within three (3) months of the expiration date, the mayor pro tem shall serve until the expiration date, and shall be authorized, during said period, to exercise all of the powers of the mayor provided by this Charter and the laws of this state.”
Wilson’s Proposed Charter: “If a vacancy occurs in the office of the mayor, the mayor pro-tem shall be authorized during said period, to exercise all of the powers of the mayor provided by the Charter and the laws of the State of Georgia.”
Wilson’s Statement
On Sunday, Wilson released the following statement explaining which changes he is striking from Monday’s meeting and his intent in making the changes. The statement is below in its entirety.
“Tomorrow night’s agenda includes an item for an update to our City’s charter. The proposed draft includes changes to how elected official vacancies are filled. The proposed change would allow the mayor to appoint a person to the vacated seat and council confirm the appointment. I will be deleting the charter updates to the vacancy section and will not move that forward.
“My thought process was two-fold. The smaller reason was my goal was to setup the mayor role as serving as an executive branch with council as the legislative branch. In the State of Georgia, the governor appoints state elected officials and national legislators if there is a vacancy. The more important reason was due to costs. Cities spend an enormous amount of money on special elections. Taxpayers shouldn’t pay such a large sum for a single council seat.
“A mayor and council do not have the authority to change the charter. Only the state has the authority to change the charter. The reason I brought this item for Monday night’s meeting was to get the charter change request to the state legislature while they are still in session.
“Monday night’s agenda item requesting to change the charter will not include any changes to the vacancy section and therefore will keep the current process for filling vacancies. I would like to have more public discussion about the costs and details of special elections and to consider updates to request for the 2023 legislative season.
Thank you,
Mayor Kurt Wilson”
See for yourself: Wilson’s proposed charter is here.
You can read the current charter here.
What’s Next: The Roswell City Council will vote on the proposed changes to the city charter Monday night. Charter changes must be approved by the state legislature, so if council votes to make the changes, they still have to be approved by state lawmakers.
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