Part Five: The Legal Process and Cochran’s 2012 Charter
Part Five of a six-part series
By Stanley P. Parel
A Citizen’s Guide to Local Government
For changes reserved to the General Assembly, local legislators would need to consider introducing appropriate local legislation. Such legislation would proceed through the applicable legislative process.
Whether voters would also be required to approve the change through a referendum would depend upon the legislation and any applicable legal requirements. Georgia law does not establish a universal rule that every change from council-manager to strong-mayor government must be approved by a citywide referendum.
This distinction matters because citizens should not be led to believe that collecting signatures or winning a simple majority in an informal poll automatically produces a legally binding change in municipal government.
What About the 2012 Change?
The social media poll references Cochran’s previous governmental structure and identifies 2012 as the year of change.
The city’s legislative history provides an important starting point.
Georgia’s General Assembly enacted a new charter for Cochran in 2012, identified as Georgia Laws 2012, page 5162. Subsequent legislation amended the city’s governmental framework, including changes enacted in 2020 concerning the mayor’s membership in the governing authority.
The current charter should therefore be understood within the context of these legislative changes.
Determining precisely how the pre-2012 government distributed executive authority, and which provisions changed in 2012, requires comparing the earlier charter with the legislation enacted that year.
A proposal to “return” to a former structure should identify the actual provisions being restored rather than relying exclusively on the broad label of strong-mayor government.
Would the Change Affect the Current Mayor?
Another question deserves clarification.
Mayor Carla Coley currently exercises the authority granted to the mayor’s office under Cochran’s existing charter.
A change to the form of government could alter the legal powers of that office. However, the effects on the current mayor, existing council members, and appointed administrators would depend upon the precise legislation and its effective date.
It would be inaccurate to assume that a proposed change would automatically remove officials, extend terms, eliminate positions, or immediately grant new powers without examining the actual legal language.
The discussion should therefore distinguish between the individual currently occupying an office and the long-term institutional powers assigned to that office.
Governmental structures can outlast the elected officials who serve within them.
Coming in Part Six: The series concludes with questions Cochran residents should consider before supporting or opposing a change in city government, including administrative responsibilities, financial implications, transparency and accountability.
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