AUGUSTA, GA (Anibal Ibarra) - When Charles Walker, the architect of the Consolidated Augusta-Richmond County government was drafting the Charter, probably never came across with the idea; that a fellow black democratic party member would be the colateral damage as unintended consequences of his brilliant plan. The genius near 20 years ago was to pass a legislation, while Democrats were controlling the Georgia General Assembly, that forever will put a brake to any white mayor aspiration to have absolute power in local government, according to people in the know.
The Charter was approved with a majority member of the Democratic Party in the state legislature. Almost 20 years later, not only the Commission still is trying to learn the legal governing document, but the first black mayor elected under the legislation known as the Augusta Charter, Hardie Davis, is the “victim” of all the brakes that supposed to be targeting a white Republican in office.
In 1996, Walker became Georgia's first African-American Senate Majority Leader and member of the Democratic Party representing District 22. Hardie Davis was representing District 22 before being elected mayor last year.
At the Commission session June 2, 2015, Commissioner Marion Williams, who has being already 8 years in office and now in his third term, was still trying to “figure it out” the Charter, Mayor Davis complained the lack of power to even appoint board members, and freshman Commissioner Ben Hasan told the mayor that he should be busy appointing boards assigned to his office.
While the Commission still is debating if the Charter should be changed, the General Assembly controlled by a Republican supermajority probably is having a field trip watching democrats still “figuring out” the Charter, a gift from a former Democratic Senator to a former Democratic Senator.
Walker learned that Davis was elected Mayor of Augusta while leaving prison after 10 years. He was convicted for some unethical business practices, even though he maintain his innocence until today.
Below some excerpt from the Charter that Walker managed to pass taking advantage of his influential position in 1996, and the “legal torture” for Davis in 2015:
ARTICLE 5. CHARTER
Sec. 1-27. Augusta-Richmond County Commission; creation; powers.
The governing authority of Richmond County shall be a board of commissioners of said county. Said board is designated as the Augusta-Richmond County Commission, referred to in this Act as the Commission.
The chief executive officer of said board is designated and referred to in this Act as the Mayor and the other members of said board are designated and referred to in this Act as commissioners. The board shall consist of a Mayor and ten commissioners.
The Commission shall exercise and be subject to all of the rights, powers, duties, and obligations imposed by this Act or previously applicable to the governing authorities of the City of Augusta and Richmond County, and the City of Hephzibah if consolidated with the government of Richmond County as authorized by this Act, and to any general laws, local law, or constitutional provisions applicable or effective within the former City of Augusta, the former City of Hephzibah if consolidated with the government of Richmond County as authorized by this Act, and Richmond County.
The Commission shall constitute a county as well as a municipality for the purpose of the application of the general laws and Constitution of this state.
The consolidated government shall have a municipal form of government. The Commission may exercise the powers vested in the governing authority of the municipality or municipalities and municipalities generally as well as the powers vested in the former governing authority of the county and counties generally.
Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state to be known as 'Augusta, Georgia,' at times in this Act called the 'consolidated government' or 'Augusta-Richmond County,' having all the governmental and corporate powers, duties, and functions hereto fore held by and vested in the City of Augusta and Richmond County, and also the powers, duties, and functions provided in this charter.
(1995 Ga. Laws, p. 3648; 1996 Ga. Laws, p. 3607; 1997 Ga. Laws, p. 4024; 1997 Ga. Laws, p. 4690)
—> All members of the Commission shall be full voting members of the Commission.
The Mayor shall be a member of the Commission. Except as otherwise provided in this Act, the Mayor shall have the right to vote only to make or break a tie vote on any matter.
—> No person who has served two consecutive full four-year terms of office as Mayor shall again be eligible to hold office as Mayor until after the expiration of four years from the conclusion of that person's last term of office as Mayor.
—> The Mayor shall be paid an annual salary of $65,000.00, the Mayor Pro Tempore shall be paid an annual salary of $20,000.00, and each of the other Commission members shall be paid an annual salary of $12,000.00. (Current salaries are more)
Future changes in the salary and expenses of such persons shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A.
(1995 Ga. Laws, p. 3648; 1996 Ga. Laws, p. 3607; 1997 Ga. Laws, p. 4024; 1997 Ga. Laws, p. 4690;
2002 Ga. Law, p. 3769, § 1)
—> The initial Mayor shall be elected in a special nonpartisan election, without a special primary, to be held on the Tuesday after the first Monday in November, 1995. Candidates in such special election shall not be listed on the ballot according to political party affiliation; and such special election shall be conducted on a nonpartisan basis, without a special primary, and by majority vote as provided in this section.
—> The person elected as Mayor at such special election shall take office on January 1, 1996, for an initial term of office expiring on December 31, 1998, and until a successor is elected and qualified. Thereafter, each successor to the office of Mayor shall be elected at a general election to be held on the Tuesday following the first Monday in November immediately preceding the expiration of a term of office, shall be nominated and elected by majority vote as provided in this section, shall take office on the first day of January immediately following the date of the election, and shall have a term of office of four years and until a successor is elected and qualified. The Mayor shall be elected on a county-wide basis by the electors of the entire county.
—> Except as otherwise provided in this section, all primaries and elections for the Mayor and members of the Commission shall be in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code, as now or hereafter amended. All primaries and elections for such offices shall be conducted on a nonpartisan basis and candidates in any such primary or election shall not be listed on the ballot according to party affiliation. Any person who is a registered voter of Richmond County shall be eligible to vote in any election under this section.
Sec. 1-30. Powers of mayor; mayor pro-tem; committees.
(a) The Mayor shall be the chief executive officer of Richmond County and the City of Augusta.
The Mayor shall possess and exercise the following executive and administrative powers and duties:
(1) To preside at all meetings of the Commission;
(2) To serve as the official head of Richmond County and the City of Augusta for the service of process and for ceremonial purposes;
(3) To administer oaths and to take affidavits;
(4) To sign all written contracts entered into by the Commission on behalf of Richmond County and the City of Augusta and all other contracts and instruments executed by the county and city which by law are required to be in writing;
(5) To ensure that all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faithfully executed; and
(6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the Commission.
(b) The Mayor shall not be empowered to veto ordinances, resolutions, or other actions of the
Commission.
—> The Mayor shall not have the right to vote on the appointment of any member to a committee. The Mayor shall not be a voting member of any committee established by the Commission and appointed by the Mayor Pro Tempore.
(1995 Ga. Laws, p. 3648; 1996 Ga. Laws, p. 3607; 1997 Ga. Laws, p. 4024; 1997 Ga. Laws, p. 4690)
—> The Commission shall have the authority upon the affirmative votes of two-thirds of those elected to the Commission, excluding the Mayor, to change the provisions of this Act which conflict with existing or future state or federal laws; provided, however, that no provisions shall be made which diminish or change the principle of representation of citizens by district on the Commission or any other entity.
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