Title 36, Chapter 35, Section 4
( 36-35-4)
(a) The governing authority of each municipal corporation is
authorized to fix the salary, compensation, and expenses of its
municipal employees and the members of its municipal governing
authority and to provide insurance, retirement, and pension
benefits, coverage under federal old-age, survivors and disability
programs, hospitalization benefits, and workers' compensation
benefits for its employees, their dependents, and their survivors
and for members of the municipal governing authority, their
dependents, and their survivors, when such benefits are provided to
municipal employees. Any previous actions to extend insurance,
federal old-age, survivors and disability programs, retirement,
hospitalization, and workers' compensation benefits to members of
the municipal governing authority are validated. With the exception
of the provision of insurance, federal old-age, survivors and
disability programs, retirement, hospitalization, and workers'
compensation benefits, any action to increase the salary or
compensation of the elective members of the municipal governing
authority shall be subject to the following conditions and
requirements: (1) Any such increase shall not be effective until after the
taking of office of those elected at the next regular municipal
election which is held immediately following the date on which the
action to increase the compensation was taken; (2) Such action shall not be taken during the period of time
beginning with the date that candidates for election to membership
on the municipal governing authority may first qualify as such
candidates and ending with the date members of the municipal
governing authority take office following their election; and (3) Such action shall not be taken until notice of intent to take
the action has been published in a newspaper of general
circulation designated as the legal organ in the county and in the
municipal corporation at least once a week for three consecutive
weeks immediately preceding the week during which the action is
taken. (b) As used in subsection (a) of this Code section, the phrase
"elective members of the municipal governing authority" means,
notwithstanding any terminology or designation of a municipal
governing authority or governing body contained in any municipal
charter, any elective municipal official who exercises any executive
or legislative or executive and legislative powers of the municipal
corporation, specifically including a mayor, vice-mayor, president
or chairman of a municipal council, member of a municipal council,
member of a board of aldermen, or member of a board of
commissioners. Such phrase shall also include any person who is
appointed to fill a vacancy in any such elective office. (c) As used in subsection (a) of this Code section, the words
"salary or compensation," as applied to the elective members of a
municipal governing authority, shall include any expense allowance
or any form of payment or reimbursement of expenses, except
reimbursement for expenses actually and necessarily incurred by
members of a municipal governing authority in carrying out their
official duties. The governing authority of each municipal
corporation shall be authorized to provide by ordinance for the
reimbursement of such actual and necessary expenses. (d) As used in subsection (a) of this Code section, the words
"retirement" and "pension" shall mean termination from municipal
service with the right to receive a benefit based upon all or part
of such municipal service in accordance with the terms of the
ordinance or contract pursuant to which the municipality provides
for payment of such benefits. The General Assembly declares and
affirms that the Act approved April 17, 1981 (Ga. L. 1981, p. 1741)
was intended to assure that prior advertisement of actions to
provide insurance, federal old-age, survivors and disability
programs, retirement, pension, hospitalization, and workers'
compensation benefits to elected members of the municipal governing
authority, their dependents, and their survivors is not required. |