I noticed that the council does not feel there is a "deficiency" with the charter as it relates to when a special election must be held to fill a vacant seat on the City Council. Things that make you go HMMM!
Mark
9 years ago
During this meeting, the JC City Council is going to “Review identified potential Charter deficiencies”. There are no charter deficiencies, the problems arose because this council refused to hold a special election at the earliest opportunity to fill the vacant Post 2 and Post 5 council seats, which could have been held last week. As for using “Home Rule” to change these sections of the charter, under the State of Georgia Code Title 36, Chapter 35, Item 6(a)(1) (36-35-6 Home Rule Powers) states:
36-35-6.
Limitations on home rule powers:
(a) The power granted to municipal corporations in subsections (a) and (b) of Code Section 36-35-3 shall not be construed to extend to the following matters or to any other matters which the General Assembly by general law has preempted or may hereafter preempt; but such matters shall be the subject of general law or the subject of local Acts of the General Assembly to the extent that the enactment of such local Acts is otherwise permitted under the Constitution:
(1) Action affecting the composition and form of the municipal governing authority, the procedure for election or appointment of the members thereof, and the continuance in office and limitation thereon for such members, except as authorized in Chapter 2 of Title 21 or as provided in Code Section 36-35-4.1;
Pay attention to what the JC City Council is doing. We the citizens of Johns Creek need to show up to this meeting and let them know our Georgia Code and JC Charter are to be followed.
I noticed that the council does not feel there is a "deficiency" with the charter as it relates to when a special election must be held to fill a vacant seat on the City Council. Things that make you go HMMM!
During this meeting, the JC City Council is going to “Review identified potential Charter deficiencies”. There are no charter deficiencies, the problems arose because this council refused to hold a special election at the earliest opportunity to fill the vacant Post 2 and Post 5 council seats, which could have been held last week. As for using “Home Rule” to change these sections of the charter, under the State of Georgia Code Title 36, Chapter 35, Item 6(a)(1) (36-35-6 Home Rule Powers) states:
36-35-6.
Limitations on home rule powers:
(a) The power granted to municipal corporations in subsections (a) and (b) of Code Section 36-35-3 shall not be construed to extend to the following matters or to any other matters which the General Assembly by general law has preempted or may hereafter preempt; but such matters shall be the subject of general law or the subject of local Acts of the General Assembly to the extent that the enactment of such local Acts is otherwise permitted under the Constitution:
(1) Action affecting the composition and form of the municipal governing authority, the procedure for election or appointment of the members thereof, and the continuance in office and limitation thereon for such members, except as authorized in Chapter 2 of Title 21 or as provided in Code Section 36-35-4.1;
Based on 36-35-6(a)(1) ( http://law.justia.com/codes/georgia/2010/title-36/provisions/chapter-35/36-35-6/ ), the only way these sections of the charter can be changed is if the Georgia General Assembly changes them.
Pay attention to what the JC City Council is doing. We the citizens of Johns Creek need to show up to this meeting and let them know our Georgia Code and JC Charter are to be followed.