Part Four: Can Cochran Simply Vote to Change Its Government?
Part Four of a six-part series
By Stanley P. Parel
A Citizen’s Guide to Local Government
Under that petition process, the required number of signatures depends upon municipal population. For municipalities with populations of 5,000 or fewer, the statute generally requires signatures equal to at least 25 percent of the electors registered to vote in the last general municipal election. For municipalities with populations above 5,000 but not exceeding 100,000, the threshold is 20 percent.
A valid petition must include the exact proposed amendment language. The governing authority must determine the petition’s validity within 50 days. If valid, the law provides for an election at which a majority of votes cast on the question is necessary for approval.
However, these procedures are subject to significant statutory limitations.
O.C.G.A. § 36-35-6(a)(1) restricts municipal home-rule action affecting the composition and form of the municipal governing authority, subject to specified exceptions.
The Supreme Court of Georgia addressed this limitation in Bruck v. City of Temple, 240 Ga. 411 (1977), recognizing that fundamental changes in municipal governmental structure fall outside ordinary municipal home-rule authority.
Accordingly, a proposal to transfer substantial executive powers from Cochran’s appointed city manager to its elected mayor would require careful legal analysis. If the proposal constitutes a change in the form of the governing authority, legislation enacted by the Georgia General Assembly would generally be necessary.
A Facebook poll, citizen petition, or City Council vote cannot independently override limitations established by state law.
What Would the Legal Process Involve?
If Cochran wished to pursue a fundamental restructuring of its government, the process would generally begin with developing a specific proposal identifying how authority would be redistributed.
That proposal would need to address the mayor’s executive responsibilities, the council’s legislative and oversight powers, the status of the city manager position, personnel authority, budgeting, contracting, and administrative operations.
The proposed changes would then require review under the city’s charter, applicable Georgia statutes, and constitutional requirements.
Coming in Part Five: The series continues with the role of the Georgia General Assembly, whether a referendum would be required, and a look at Cochran’s 2012 charter changes.
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