O.C.G.A. § 1-3-11 (2019)
Local referenda on abolishing offices or shortening or lengthening term
No office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special Act during the term for which such person was elected unless the same shall be approved by the people of the jurisdiction affected in a referendum on the question.
History
Code 1981, § 1-3-11, enacted by Ga. L. 1983, p. 685, § 1.
Annotations
Editor’s notes. - This Code section continues in effect a similar provision which was contained in Art. III, Sec. VII,
Para. IX of the Constitution of Georgia of 1976. Law reviews. - For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).
JUDICIAL DECISIONS In light of the similarity of the statutory provisions, decisions under former Art. III, Sec. VII, Para. IX of the Constitution of Georgia of 1976 are included in the annotations for this Code section. Local deannexation statute that included the area of the city in which the mayor resided, making the mayor ineligible to hold office, did not violate O.C.G.A. § 1-3-11 because it neither abolished the office of mayor nor shortened nor lengthened the term of office. Lee v. City of Villa Rica, 264 Ga. 606, 449 S.E.2d 295 (1994). Power of the General Assembly. - Provision prohibiting the abolishing of elective office during term without a referendum submitted to the people of the area affected may not be extended by implication to place a restraint upon the general power of the General Assembly to create or abolish the charters of municipal corporations. Mountain View v. Clayton County, 242 Ga. 163, 249 S.E.2d 541 (1978). Change in mayor’s duties. - Because the legislature, at the request of a city council, passed legislation authorizing the city to change its form of government from a strong mayor/weak council system to a weak mayor/strong council system employing a city manager, this did not violate O.C.G.A. § 1-3-11, as the may-
or’s office continued to exist, albeit with largely ceremonial duties; the mayor’s duties could be altered as long as the remaining duties were appropriate to the office, which they were. Griffin v. City Council, 279 Ga. 835, 621 S.E.2d 734 (2005). Referendum not required. - Because the legislature, at the request of a city council, passed legislation authorizing the city to change its form of government from a strong mayor/weak council system to a weak mayor/strong council system employing a city manager, no referendum was required under O.C.G.A. § 1-3-11 because the mayor’s office was not abolished. Griffin v. City Council, 279 Ga. 835, 621 S.E.2d 734 (2005). Referendum improper where voters not informed that bill shortened member’s term. - Referendum changing the number of members on a board of education did not comply with O.C.G.A. § 1-3-11 because the voters were not informed that approval of the bill would shorten a board member’s term by two years, but, instead, the bill and notice of intention to introduce local legislation incorrectly stated that it would provide for the continuation in office of current members. Burton-Callaway v. Carroll County Bd. of Elections, 279 Ga. 590, 619 S.E.2d 634 (2005).
OPINIONS OF THE ATTORNEY GENERAL Local law cannot extend tenure in office of an elected official who would otherwise immediately vacate that office
when qualifying to run for another elected position. 2000 Op. Att’y Gen. No. 2000-3.
CHAPTER 4 HOLIDAYS AND OBSERVANCES Sec.
Public and legal holidays; leave for observance of religious holidays not specifically provided for. Religious holidays. Designation of ‘‘American History Month’’. Declaration of ‘‘Wildflower Week’’. Declaration of ‘‘Bird Day’’. Declaration of ‘‘Law Enforcement Officer Appreciation Day’’. Declaration of ‘‘Peace Officer Memorial Day’’; declaration of ‘‘Police Week’’. Declaration of ‘‘Children’s Day’’. Designation of ‘‘Former Prisoners of War Recognition Day’’. Designation of ‘‘Girls and Women in Sports Day’’. Designation of ‘‘Clean Water Week’’.
Cross references. - Designation of Retired Teachers’ Day, § 20-1-6. Editor’s notes. - By resolution (see Ga. L. 1982, p. 1317), the General Assembly declared its support for the establishment of the third week of November every year as ‘‘Georgia Motor Vehicle Safety Week.’’ By resolution (see Ga. L. 1982, p. 1319), the General Assembly designated the second Saturday in May of each year as ‘‘Armadillo Olympics Day’’ in Georgia.
Sec.
Designation of ‘‘Firefighter Appreciation Day’’. Designation of ‘‘Bill of Rights Day’’. Declaration of ‘‘Home Education Week’’. Designation of ‘‘Bill Elliott Day.’’