georgia city and policy on who can contact city attorney

Is the city of Atlanta required to defend itself in court?

City of Atlanta, 236 Ga. 247, 223 S.E.2d 647 (1976); Haywood v. Hughes, 238 Ga. 668, 235 S.E.2d 2 (1977)). However, a city is not required to defend such actions ( Manders v.

Can a city negotiate a contract with an attorney?

Generally contracts for professional services involving particular knowledge, such as those engaging the services of attorneys, auditors, or architects, are not subject to bidding requirements. If no charter provision, ordinance, or state law prevents it, a municipality is generally free to negotiate such contracts as it sees fit.

What is Georgia law on ethics in government business?

Georgia law has a number of statutory provisions regarding ethics in the conduct of government business. These provisions consist of both civil restrictions and criminal sanctions.

What is the role of the city attorney?

The City Attorney is the chief legal advisor for the City of Atlanta and is the commissioner of the Department of Law.

Who oversees district attorneys in Georgia?

History. Established in 1975, the Prosecuting Attorneys' Council of Georgia provides a number of important services to the hundreds of elected and appointed prosecutors across the State of Georgia.

How do I file a complaint against a district attorney in Georgia?

If you have a consumer complaint, please contact our Consumer Protection Division at (404) 651-8600 or (800) 869-1123 toll free outside Metro Atlanta. You may also file a consumer complaint online.

What are the duties of the attorney general of Georgia?

The office represents the State of Georgia in all civil cases before any court and in all cases before the Supreme Court of the United States. The Attorney General also prepares contracts and agreements, prosecutes public corruption cases, and oversees the Medicaid Fraud Control Unit.

Who is responsible for all legal matters in the State of Georgia?

The attorney general, the state's chief legal officer, is one of the six popularly elected executive officers provided for in the Georgia Constitution in addition to the governor and lieutenant governor.

Who is above the District Attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

What is the job of a District Attorney?

Also called county or state attorneys, or prosecutors, district attorneys are elected to represent the government against criminal offenders in court. They review police reports, determine whether criminal charges are to be brought against perpetrators, and argue criminal cases in court.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

Is Ga an attorney state?

Analysis: The state of Georgia has traditionally been an “attorney-closing state,” meaning that only licensed attorneys may conduct the settlement at which closing documents are signed.

Who is Attorney General in GA?

Christopher M. Carr (Republican Party)Georgia / Attorney generalChristopher Michael Carr is an American lawyer and politician. A Republican, he is the current Attorney General of Georgia. In 2016, Governor Nathan Deal appointed Carr as Attorney General to fill a vacancy created by the departure of former Attorney General Sam Olens. Wikipedia

What does the secretary of state do in Georgia?

The Georgia Secretary of State oversees voting, tracks annual corporate filings, grants professional licenses, and oversees the state's securities' market. Secretary Brad Raffensperger and his staff are honored to serve the citizens of Georgia.

What is the role of Georgia's state agencies?

Enforcing laws and maintaining peace. Leading our state's National Guard and police forces as commander in chief. Vetoing, approving, or taking no action on legislation passed by the Georgia General Assembly. Filling unexpected vacancies in the Senate, House of Representatives, and other public offices.

How many district attorneys does Georgia have?

Each of the state's 49 District Attorney's offices has a full-time staff of assistant district attorneys, investigators, victim assistance and administrative personnel who assist the District Attorney in carrying out the duties of the office.

What is the authority of a city to contract?

A city’s authority to contract comes primarily from its charter and from state laws. The municipal charter generally grants to the mayor and council, acting as the governing body, the power to enter into contracts for the transaction of municipal business. Usually neither the mayor nor the council acting alone has the authority to bind ...

Which case involved the mayor and the city of Atlanta?

City of Covington, 183 Ga. 759, 189 S.E. 842 (1937); Montgomery v. City of Atlanta, 162 Ga. 534, 134 S.E. 152 (1962)).

How to advertise public works construction?

The public works construction law establishes minimum requirements for advertising public works construction opportunities. The contract opportunity notice must be posted conspicuously in the governing authority’s office, and it must be advertised in either the legal organ of the county or by electronic means on an Internet website of the governmental entity or on a website identified by the governmental entity. The contract opportunity must be advertised at least two times with the first advertisement published at least four weeks prior to bid/proposal opening date and the second advertisement at least two weeks after the first ad. The advertisement must include enough details to enable the public to know the extent and character of the work to be done. All notices must advise potential bidders/offerors of any mandatory prequalification requirements, any pre-bid conferences, and/or any federal requirements (O.C.G.A. § 36-91-20 (b)).

What is public works construction in Georgia?

The law requires contracts for such projects to be awarded in an open and competitive manner while authorizing the use of current construction industry practices to provide increased flexibility to local governments that are constructing public facilities. The law defines public works construction as “the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of Title 32 or by Chapter 37 of Title 50. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property or any improvements or installations performed as part of an energy savings performance contract” (O.C.G.A. § 36-91-2 (12)).

What is an employing political subdivision?

the employing political subdivision. an agency of the employing political subdivision. a political subdivision for which local taxes for education are levied by the employing subdivision, or. a political subdivision which levies local taxes for education for the employing political subdivision.

Can a city enter a contract?

A city may enter a contract or incur a liability only if its charter or some other law of the state authorizes it to do so. A contract beyond the scope of a city’s corporate powers is void. However, if a city had jurisdiction over a subject matter, it has implied power to contract in regard to the subject matter.

Who is authorized to contract with a municipality?

A municipality is authorized to contract with any person, the federal government, the state, or any state agency, municipality, or county for the construction, maintenance, administration, and operation of municipal roads and related activities.

How to fight a city ordinance in Georgia?

Furthermore, having one or more ordinance violations on your record can lead to jail time and fines. Don't just simply pay the fine for a local ordinance violation! Fight the charge with an experienced Georgia criminal defense lawyer. Contact us today to schedule your free consultation.

What Happens if You Have Received a City Ordinance Violation in Georgia?

When charged with violating a city ordinance, you will be ordered to appear municipal court of the city where the violation occurred. At your court date, you will be expected to have a lawyer or be ready to proceed without one. You will give the judge your plea of guilty or not guilty or request to speak with the prosecutor. In the event you hired an attorney, they can speak with the prosecutor before or on your court date to negotiate your case. However, if you attend this court date and request a trial, you will likely receive a new court date.

What is a minor violation of the Georgia ordinance?

In most situations, ordinance violations are relatively minor offenses, such as disorderly conduct or violating a local noise ordinance. Even though they can be minor offenses, working with an experienced Georgia Violation of City Ordinance Lawyer can help mitigate the consequences.

What happens if you are charged with violating a city ordinance?

When charged with violating a city ordinance, you will be ordered to appear municipal court of the city where the violation occurred. At your court date, you will be expected to have a lawyer or be ready to proceed without one.

How long is a fine for a city ordinance violation?

City ordinance violations are punished with a fine up to $1,000, up to 6 months in jail, or both. This is slightly less than the misdemeanor punishment, which is up to 12 months in jail and up to a $1,000 fine.

Where do you bring a tort action in Georgia?

All tort actions, including those filed against a local government as a joint tortfeasor, must be brought in the state or superior court of the county wherein the local government resides (O.C.G.A. § 36-92-4). Official Immunity. As aptly described by the Georgia Supreme Court:

How can local governments increase waiver of immunity?

Local governments can increase the waiver of immunity by obtaining coverage in excess of the statutorily prescribed amounts through the purchase of commercial liability insurance or participation in an interlocal risk management agency. Local governments may provide for the payment of claims through any method.

Can a city be held liable for nuisance?

A city will not be liable for nuisance resulting from factors, such as increased construction, when the city took no part in the activity that caused the damage. For example, a city can be held liable in a nuisance action when it fails to adequately maintain water and sewage systems ( City of Atlanta v.

Do courts extend immunity to ministers?

Courts do not extend official immunity to ministerial actions. For example, a court declined to extend official immunity to former court clerks who failed to inform the Department of Corrections that an inmate’s sentence had been amended, causing the inmate to spend 22 extra months in jail ( McGee v.

Is a city subject to liability?

February 9, 2018. Cities as well as city officials can be subject to liability in a variety of situations under both federal and state law. However, both cities and city officials are immune from certain types of liability under specific circumstances. This chapter addresses some of the types of liability that cities and city officials may face ...

Can local governments pay claims?

Local governments may provide for the payment of claims through any method. Thus, local governments may purchase insurance, participate in an interlocal risk management agency, establish a reserve fund for the payment of claims, simply pay claims as they arise, or any combination of the foregoing.

Is a city subject to federal and state law?

Cities as well as city officials can be subject to liability in a variety of situations under both federal and state law. However, both cities and city officials are immune from certain types of liability under specific circumstances. This chapter addresses some of the types of liability that cities and city officials may face under both federal and state law and discusses the differing levels of immunity and standards for immunity for both cities and their officials.

How to get a city of ethics?

To earn a “Certified City of Ethics” designation, a city must adopt a resolution establishing the five ethics principles for the conduct of the city’s officials and adopt an ethics ordinance that meets minimum standards approved by the GMA Board. The following five ethics principles are designed to guide the elected officials as individuals and as a governing body:

What is common law in Georgia?

In the context of this chapter, common law means the rules established when judges take factual situations and extract from them basic principles that govern the conduct of human affairs. This “common law” tradition is handed down from the English legal system and evolved well before there were detailed statutory provisions governing the conduct between people. It is important for city officials to understand that an action which may not violate a specific criminal or civil statute on conflicts of interest may run afoul of broader ethical principles that have been established by court decisions ( Trainer v. City of Covington, 183 Ga. 759, 189 S.E. 842 (1937); 1998 Op. Att’y Gen. No. U98-8). Several principles become evident in a review of court decisions relating to conflicts of interest. Georgia courts have made it clear that persons should not have the opportunity to be led into temptation to profit out of the public business that has been entrusted to them.#N#Not only can actions violate conflict-of-interest principles, circumstances and situations can create potential violations of the ethical principles applicable to the conduct of governmental affairs. The opportunity to profit from a situation plus an individual’s control over that situation are the elements that create an ethical violation. There is, then, an equation that every public officer should remember: temptation to profit plus opportunity to profit equals impropriety.

How to file a campaign contribution report in Georgia?

The local officer who receives that report then must file it electronically with the Georgia Government Transparency and Campaign Finance Commission. In each nonelection year, the reports must be filed locally by the candidate on January 31 and June 30 (O.C.G.A. § 21-5-34 (c) (1)). In each election year, the reports must be filed on January 31, March 31, June 30, September 30, October 25, and December 31 as well as six days before any run-off in which the candidate is listed on the ballot (O.C.G.A. § 21-5-34 (c) (2)). If the candidate is listed on the ballot for a special run-off or special election, a report must be filed 15 days prior to that run-of or election (O.C.G.A. § 21-5-34 (c) (4)).

How can an elected official be suspended in Georgia?

If a local elected official is indicted by a grand jury, Georgia law provides a procedure whereby elected officials may be suspended from office by the governor upon recommendation of a special commission. The special commission is appointed by the governor and is composed of the attorney general and two other persons holding the same office as the indicted official. The duty of the special commission is to determine if the indictment relates to and adversely affects the administration of the office of the indicted official. If the official is suspended, a temporary replacement is appointed by the governor unless the applicable charter provides for some other means for filling temporary vacancies. If the indicted official is acquitted or a nolle prosequi is entered, the official is to be immediately reinstated to his or her position. Upon initial conviction of a public official for any felony, whether or not the official was suspended under the procedures described above, such official is immediately and without further notice suspended from office and a replacement official is named to fill the vacancy created by the suspension according to the local or general law applicable to the position (O.C.G.A. §§ 45-5-6, 45-5-6.1).

What is a public officer?

Public officers are trustees and servants of the people and are at all times amenable to them (Ga. Const. Art. I, § 2 ¶1). Two roles for public officers are established by this constitutional language. First, the public officer is a trustee of the people. Trusteeship is perhaps the highest calling that one can be granted under the law.

What is the Georgia Constitution?

The Georgia Constitution stresses the standards applicable to public officers in this way: All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are trustees and servants of the people and are at all times amenable to them (Ga. Const. Art.

What is the key word that describes the appropriate relationship between elected officials in local government, other public officials, and their constitu?

Trust is the key word that describes the appropriate relationship between elected officials in local government, other public officials, and their constituency. An elected official serves only as a result of the trust which the majority of the electorate has exhibited by electing that individual to office.

What is a city clerk handbook?

The handbook covers the basics for most city clerk roles in Georgia and includes links to more detailed information if needed. We've written this handbook as a quick reference guide and not as a comprehensive, detailed guide to every single duty, responsibility, and law. As a quick resource, it serves as a central place to find easy to understand, relevant information about a particular topic. We've also included plenty of sample documents and additional resources.

When will GMA serve cities?

By the Numbers: GMA Serves Cities in 2020

Is Georgia Municipal Association accessible?

The Georgia Municipal Association recognizes the importance of ensuring our websites are accessible and is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and currently working to apply the relevant accessibility standards to this website. If you are having any accessibility related issues, such as difficulty reading or viewing this page, please contact the Communications Team, and we will work directly with you to find a solution.

What to do if a city denies a claim?

If the city denies your claim, check your state law and City Code to determine whether you must appeal to the city level before filing a lawsuit in court. Some states require one more appeal at the city level, but most states allow you to file a lawsuit immediately after your claim is denied.

What happens if you miss a deadline?

If you miss a deadline or leave out a required piece of information, you may lose the right to file a lawsuit in court. Writer Bio. The Constitution Guru has worked as a writer and editor for "BYU Law Review" and "BYU Journal of Public Law.".

Can a city government be sued for foreclosed on property?

Every state has adopted some form of a government immunity statute that generally provides that, except in limited types of cases, city governments can not be sued. In those limited cases where the government has "waived immunity" (meaning allowed itself to be sued), ...

Can you sue a city for a missed deadline?

Even the smallest error can result in your losing your right to sue the city, so be very thorough and even repetitive if you have to. If you miss a deadline or leave out a required piece of information, you may lose the right to file a lawsuit in court.