A discussion of the Athens-Clarke County government structure and functions, key roles, and institutions.
The Mayor – https://www.accgov.com/DocumentCenter/View/43085/Qualifications-for-ACC-Mayor
Qualifications
In order to qualify as a candidate for mayor, the individual must be at least 21-years old, have resided in Athens-Clarke County for at least one year before the date of the election and continue to reside in Athens-Clarke County for the duration of their term. The candidate must also be a registered voter in Athens-Clarke County and, if elected, cannot hold another local, state, or federal office during their term.
Election, Term, Salary
According to the Athens-Clarke County government website, the mayor is elected by county constituents for four-year terms and can serve a maximum of two consecutive terms. Similar to the Georgia state legislature, the mayor position is not meant to be a full-time job, and the mayor is compensated with an annual salary of $45,000. The salary is not fixed and can be adjusted. If an increase is approved, the new salary does not take place until the next election cycle.
Roles
The mayor’s key roles include setting Commission meeting agendas, recommending candidates for the Athens-Clarke County positions of manager, attorney, Municipal Court judge, and internal auditor; and presenting the budget. The mayor also has the sole power to issue proclamations, which can serve to acknowledge painful histories like Linnetown and recognize observation days and weeks like “World Peace Week”.
Among one of the most important of these roles is the mayor’s recommendation for the Athens-Clarke County Manager. The Manager is the highest position in Athens-Clarke County’s executive branch, though not the most visible.
The Commission – https://www.accgov.com/DocumentCenter/View/43084/Qualifications-for-ACC-Commission
Qualifications
Candidates for commissioner must be at least 21 years old at the time of their candidacy, be a registered voter in Athens-Clarke County, have had residency in the Athens-Clarke County district they are running for at least one year and, if elected, continue to reside in that district for the duration of their term.
Election, Term, Salary
There are currently 10 commissioners who represent the 10 districts in Athens-Clarke County; the commissioners have 4-year terms and are compensated with a $15,000 annual salary. Like the mayor, the role of commissioner is meant to be part-time, though commissioners may not hold additional office in local, state, or federal government during their term. The salary is not fixed and can be adjusted. If an increase is approved, the new salary does not take place until the next election cycle.
Powers
Though many of the roles of commissioners intersect with the mayor and manager, there are some that stay specific to the jurisdiction of the commissioners. Of these, the commission has the important power of adopting (and when necessary) amending the budget proposal put forth by the mayor. The commissioners also reserve the right to approve or reject mayoral recommendations for manager, attorney, and auditor. A simple majority vote can remove the manager, attorney, and auditor from office. The commission also appoints and outlines the duty of the clerk of commission and can terminate the clerk of commission at any time with a simple majority vote.
The commission is empowered by a broad definition of its legislation-making powers; the commission is allowed to make rules, resolutions, and ordinances “…as may be necessary or proper…for the promotion and protection of the safety, health, peace, security and general welfare of the inhabitants of [Athens-Clarke County]…” (ACC). The commission’s enforcement is the power to issue fines up to $1,000, imprisonment up to six months, or both punishments.
With some exceptions—boards and authorities created by Constitutional amendment or local act of the Georgia General Assembly—the commission is also permitted to rewrite the roles, powers, qualifications, and terms of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies under the Athens-Clarke County government. The commission may reassign deleted/replaced roles to other departments in the Athens-Clarke County system.
In the instance of a vacant commission seat, the seat may be filled by a vote from the remaining commissioners—simple majority.
Organization
7 out of 10 commissioners must be present at a commission meeting in order for the agenda to be valid; all meetings are open to the public, minus exceptions outlined in general law.
The Manager – https://library.municode.com/GA/athens-clarke_county/codes/code_of_ordinances?nodeId=PTICH_ARTIVAD_CH1OF_S4-101MAAPQUCO
Qualifications
Unlike the mayor and commission, the manager is a full-time role. A candidate for manager cannot be considered if they held an elective office in Athens-Clarke County; they are only eligible if two years pass following their former office. The manager may not engage in political activity and cannot qualify for any other Athens-Clarke County office for one year following the end of their term as manager. Though the manager does not need to be an Athens-Clarke County resident at the time of their appointment, they must establish residence within 6 months following their appointment and continue to reside in Athens-Clarke County for the duration of their term.
Election, Term, Salary
Candidates for manager must be recommended by the mayor and elected by a simple majority from the commission. If confirmed by the commission, the manager serves a single two-year term. According to Savannah Morning News, the current Athens-Clarke County Manager is paid an annual salary of $184,203. Salaries are fixed by ordinance, meaning, the salary is under the jurisdiction of Athens-Clarke County lawmaking bodies.
Powers
The manager is primarily responsible for overseeing the various departments and agencies of Athens-Clarke County government, for appointing and removing department heads, preparing the annual budget with the department heads for approval by the mayor, advising the commission of Athens-Clarke County finances, creating inspection reports about the departments, offices, and agencies for the commission, and most importantly, implementing administrative standards to be followed by all divisions and authorities in Athens-Clarke County government.
The manager has the sole power of managing employees, and the mayor and commission are not allowed to interfere with management unless there are investigative purposes. The manager is the bridge between the mayor/commission and the rest of the government!
The Attorney
Qualifications
The attorney must be an active member of the State Bar of Georgia.
Election, Term, Salary
Similar to the appointment of the manager, the mayor recommends an attorney candidate to the commission, and the attorney is appointed with a simple majority vote. The attorney serves a two-year term and can serve a second term unless removed by the commission through a majority vote. The current attorney’s annual salary is $152,213 and is established by ordinance.
Role
The attorney serves as legal counsel to the Athens-Clarke County government.
The Internal Auditor – https://library.municode.com/GA/athens-clarke_county/ordinances/code_of_ordinances?nodeId=719570
Qualifications
Not listed in ACC charter
Election, Term, Salary
Similar to the appointment of the manager, the mayor recommends an attorney candidate to the commission, and the attorney is appointed with a simple majority vote. The attorney serves a two-year term and can serve a second term unless removed by the commission through a majority vote. The internal auditor’s estimated annual salary is $130,000.
Role
The internal auditor is tasked with conducting an evolving inspection “…of the fiscal affairs and operations of every department, office, and agency of the Athens-Clarke County government.”
How the legislative and executive branches work together:
The mayor and commission often work together to identify candidates for the manager, attorney, and internal auditor positions; a majority commission vote is required to appoint a candidate as manager, attorney, or internal auditor. Additionally, in the case of a 5-5 tie, the mayor is the tie-breaking vote. Beyond these cases, the mayor is not allowed to hold voting power in commission votes.
The mayor shares the power of calling special meetings with the commission, which requires the agreement of 5 commissioners. Notice of special meetings must be given to commissioners no less than 24 hours before the meeting.
Similar to the U.S. legislature, the Commission can check some mayoral powers. As outlined in above sections, the Commission reserves the right to appoint or reject appointments of the manager, attorney, and internal auditor, as well as remove these actors from office with a majority vote. Additionally, the Commission can override a mayor’s veto with agreement from 7 commissioners.
As for the relationship between the mayor, Commission, and Manager, Athens-Clarke County commission meeting agendas are set by the mayor with input about agenda items from the commission, manager, and the public.
The mayor and manager also work together to present the annual budget to the commission. The manager works with all department and agency heads to create a budget that encompasses the departments’ needs and sends this budget for the Mayor’s approval. The commission then votes to reject, modify, or implement the proposal.
The Judicial Branch – https://athenspoliticsnerd.com/local-government/
The Athens-Clarke County judicial system operates broadly under the Manager but is led by the District Attorney, who handles all felony cases, and the Solicitor General, who handles all misdemeanor cases. Different courts hold different jurisdictions.
Municipal Court
The Municipal Court handles traffic offenses and minor misdemeanors
Magistrate Court
The Magistrate Court handles civil claims, bond hearings, evictions, and abandoned vehicles.
Probate Court
The Probate Court handles everything else outside of the Municipal and Magistrate Courts’ jurisdiction.
Superior Court
The Superior Court justices are elected; there are four justices. This court handles state felonies and can take cases to the state judicial system.
State Court
The State Court handles misdemeanors and can take cases to the state judicial system.
