Georgia State and Local Government

Organization of Georgia State Government and The Role of Citizens

Georgias Constitution
First Constitution in 1777
Unicameral Short with small government

New one in 1789 modeled after the US Constitution State Constitutions are longer than Federal with more details and restrictions Georgia has had 10 State Constitutions with the most recent being in 1983.

Structure of the Constitution

Preamble Bill of Rights Specifically spells out the way the government runs Details responsibilities of all offices and positions Three Branches Separation of Power
Three Branches with Specific Duties

Checks and Balances

Strong Executive Voters Check Power

Rights versus Responsibilities of the Georgia Citizen

Rights
Voting Life, liberty, property Freedoms of speech, press, and religion, petition Right to bear arms, due process, fair and speedy trial Rights against self incrimination, double jeopardy, unreasonable search and seizure Fishing and Hunting

Responsibilities
Being informed about the government and knowing your rights in order to preserve them Participating in government Respecting the rights of others Respecting diversity Obeying the laws Paying taxes Defending the nation Serving in court Attending school

Responsibility: Participation in Politics

Politics: The process of deciding about public issues A way to present and debate different points of view and ideas Full time politicians:
Political Party officials Campaign directors Lobbyists Elected officials

Ways to Participate in Politics

Join Political Parties
Local organizations Contributing time and/or money

Join Public Interest Group: Group of people who share a special interest and try to get things done through politics
Lobbyist: people who personally contact politicians to influence legislation Stance on Public Issues Goals that do not need election
Public Parks Against Drunk Driving

Be an informed citizen
Read newspapers Visit websites Public policy: government goal and the plan to achieve that goal

Right: Voting
18 years old to vote Right to vote in secret and have your vote counted the same as everyone elses Representative Democracy Elect officials to make political decisions for us Officials Elected in the State
Legislative: State Senators and Representatives Executive: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Specific Commissioners in charge of certain Functions Judicial: Supreme Court Justice, Appeals Court Justice, Superior Court Judge, District Attorney

 System of Elections is partisan (candidates are identified by political party)

Elections and Voting Opportunities in Georgia

Judicial candidates and some local candidates run in nonpartisan elections (no party affiliation)

In a Primary Election, parties have the opportunity to nominate (choose) the candidate that they will run in the General Election for a particular position
Candidates can also get on the ballot through a petition. These are usually Independent Candidates

Georgia has open primaries you do not have to be a member of the party to vote in their primary.
You can only vote in one primary, though, so most people vote in their partys primary election

Elections and voting Opportunities in Georgia

In the General Election, which happens the first Tuesday after the first Monday in even numbered years, the voters choose the people that will fill positions Voters choose the people they see as the most qualified for each office, regardless of party affiliation
Many people vote along party lines Can write in a candidate

The candidate with the majority of votes wins If there is no majority, a runoff is held between the two candidates with the largest number of votes Winners take office the January following the election

Other Elections and Terms

Special Elections can be held at any time to fill vacant positions
An incumbent (the person who holds the office) dies or resigns (quits).

Recall Election gives citizens the opportunity to remove an official from office before the end of the term.

Political Parties
America, and Georgia, has a Two Party System
Democrats and Republicans are the two major parties

Political Parties are a collection of people who share the same ideologies about the public well being
Supported by citizens, businesses, and interest groups

Political parties allow an organized way for people to work together for the same purposes Want to control government by having a majority of their partys candidates elected to office Nominate, support, and campaign for their candidates

The Legislative Branch in Georgia

General Assembly

The General Assembly is made up of the State Senate and the State House of Representatives Bicameral Two Houses

Responsibilities of the General Assembly

Responsible for enacting (creating) laws and statutes (laws at the state and local level) Approves all state spending
Appropriations Bill to allow the spending of money

Represent the Constituents (people in each legislators specific district) Guardians of the State Constitution
All changes (amendments) must be approved by a 2/3 majority in each house

State Senator

Qualifications to be a member of the General Assembly

State Representative
180 Members Has 45, 480 people in their District Must be a US Citizen Must be a Georgia Citizen for at least two years Must be a legal resident of their district for at least one year Must be 21 years old Makes about $16,000 a year Two Year Term of Office

56 Members Has 146,186 people in their District Must be a US Citizen Must be a Georgia Citizen for at least two years Must be a legal resident of their district for at least one year Must be 25 years old Makes about $16,000 a year Two Year Term of Office

How the General Assembly Runs

The General Assembly meets each year for 40 days of Government Business
Begins on the Second Monday of January Take many breaks from Business Can Last until April

Organized by the separate parties Organized in Committees

Party Organization
There is a Majority party and a Minority Party depending on which party has more members in the chamber Each party holds a caucus (meeting to select leaders) Governor Selects Administrative Floor Leader
A legislator in each house that is responsible for introducing bills the governor likes and pressing for them to be passed

Committees
In the House, the Speaker appoints members and officers to committees In the Senate, the Committee on Assignments makes these appointments
Consists of the President (Lt. Governor) of the senate, the President Pro tem, and the Senate Majority Leader.

The committee system is important. Much of the work of Government happens in committees.

Committees There are too many things to

research and work on for every member of the Houses to do together. Each house has a set of committees where legislators work on specific items. 20 Standing Committees
Organized by topic - specialized Continues from session to session Examples
Education Transportation Ways and Means

The Process of Legislation

The Legislature passes laws and statutes that either effect the entire state or only specific local areas.
General Local

Laws Start out as Ideas had by a legislator, constituent, or interest group. The idea is sent to a legislator usually the legislator from the persons district

The Bill
The idea is turned into a bill (a written proposal for a law) Can be more than 1,000 bills introduced per 40 day session Four Major Categories
Laws that apply to State Agencies and services Laws make rules about behavior of people, groups, and businesses Laws that allow the state to raise and spend money Laws that apply to local governments

 Committee Action- Committees research a bill and then suggest it to be passed, changed, or held Floor Action If the committee passes the bill it is debated , voted on , and possibly amended by the House or Senate. Governor Action After both Houses pass the bill in the same form the governor can veto and keep it from becoming law. The legislature can override a veto with a 2/3 majority.

The Executive Branch in Georgia

Purpose of the Executive Branch

The Executive Branch determines how legislative action will be carried out
In each piece of legislation, there is a part setting up an executive agency (unit of government such as a department, board, commission, or office) The executive agencies can do research and hold public hearings, as they set up the rules and regulations which will apply to the legislation. These rules and regulations have the power of law

The Executive Branch runs state sponsored programs The Executive Branch enforces laws

Governor
Head Executive of the State Qualifications
U.S. citizen for 15 years resident of state for the 6 years preceding the election at least 30 years old

4 year term of office Can only serve two consecutive terms

After two consecutive terms, a governor must wait 4 years before running again

Governor of Georgia

Formal Powers of the Governor

A governors formal powers are described in the Constitution A governors formal powers include:
The right to appoint state officials and the right to see that civil and criminal laws are enforced (GBI) The right to veto a bill and the right to call special sessions of the legislature The right to pardon prisoners and the right to appoint state justices Other formal powers include:
managing the state budget, directing the attorney general to act as a representative of the state in lower court cases involving state law, presenting an annual State of the State address, preparing budget bills, commander-in-chief of the National Guard, and heading the states civil defense units

Informal Powers of the Governor

Informal powers are powers that are not listed in the states constitution, some are the result of tradition and custom, others are necessary to enforce formal powers A governors informal powers include: Giving public addresses on issues of interest to Georgians Issuing proclamations to honor individuals, holidays or special events Representing the state in meetings w/ other state officials and with foreign dignitaries Meeting w/ business and industry leaders from other states or nations to get them to bring business to Georgia Guiding state agencies

Lieutenant Governor
Same qualifications as Governor Can serve unlimited terms as Lt. Governor Duties
Fills in for the governor when Gov. is ill or disabled Becomes Governor if the governor dies, resigns, or is impeached Appoints members of some executive boards President of the Senate Helps to assign committee officers and members as well as assign bills to committee

Other Elected Executive Positions

Qualifications U.S. Citizen for ten years Georgia resident for 4 years Must be 25 years old when they take office Term of Four Years Cannot be removed by Governor Offices Karen Handel Kathy Cox Secretary of State Attorney General Must also be a member of the State Bar for 7 years Superintendant of Schools Commissioners of Agriculture, labor, and insurance

Break it Down
99% of State Government Employees work for the Executive Branch Broken into Seven Major Categories Education Human Services Public Safety Transportation General Government Economic Development Natural Resources

Education
Biggest responsibility of State Government Sets school curriculum University System of Georgia
controls state colleges and universities Headed by State Board of Regents
Appointed by Governor

Student Finance Commission HOPE scholarship, grants, scholarships and loans Teachers Retirement System of Georgia

Human Services
Promotes physical health, mental health, and welfare Department of Human Services
Disease control Family planning Substance abuse care People with disabilities Many more

Department of Family and Children Services (DFCS) Department of Community Health (DCH) Joint Programs with Federal Government
Temporary Assistance for Needy Families (TANF) - welfare Medicaid

Public Safety
To protect the citizens of Georgia Secretary of States Office
responsible for licensing certain businesses and occupations

Department of Labor Department of Public Safety

Georgia State Patrol Georgia Bureau of Investigation (GBI)

Department of Corrections
Prisons Parole Board

Transportation
Four main methods of Transport
-Highway -Rail -Water -Air

Georgia Department of Transportation (DOT)

Responsible for building and maintaining Georgias roads

Georgia Ports Authority (GPA)

Operates Georgias ports

Economic Development
Governor promotes the State through Diplomacy Department of Economic Development To promote the state and draw in business Promote the States Resources Tourism Encourage businesses to locate in Georgia Encourage Entrepreneurs to take risks Bring Industry to Georgia

Natural Resources
Responsible for Protecting the States Natural Resources Sees to it that the resources are used in the best way to benefit the people of the State Helps plan the use of water for the entire state Department of Natural Resources (DNR) Environmental Protection Division (EPD)
Water and air protection Waste management

Budget
1. Governor must estimate the likely annual expenditures (amount of money spent by the government) and the likely revenue (money the government receives) 2. Governor makes a budget 3. Sends it to the Legislature for approval 4. Legislature makes minor changes 5. Both houses must pass the same budget 6. Budget must be balanced Money to run the government comes from taxes
Personal income tax is where the largest part of the money comes from General Sales Tax 4% Property tax SPLOST Special Purpose Local Option Sales Tax

Georgias Judicial Branch

Purpose
Settling disputes or conflicts between citizens, businesses, groups, and government involving legal obligations Conflicts may be over
Rights and duties Questions of guilt or innocence Constitutionality of laws

Types of Laws
Constitutional Law rules in US and state Constitutions
This gives the Judicial Branch Judicial Review reviewing rules or laws Reserved for higher level courts

Statutory Law Laws Enacted by Legislatures Administrative Law rules and regulations of executive branch agencies

Civil Cases
Civil Cases disputes between two or more citizens or businesses
Plaintiff the person who makes the claim Defendant the person who the claim is against

Most often the dispute is settled before the trial starts No guilty or innocent, just who makes the better case

Criminal Cases
The State brings charges against someone who is accused of committing a crime (doing something that is against the law) The prosecution is the government The defendant is the person accused of the crime
Felony- very serious crime punishable by a year or more in prison and/or $1,000 or more fine Capital Felony Crime punishable by death. Misdemeanor less serious crime punishable by less that 1 year in prison and/or less that $1,000 fine

Trial Courts
Jurisdiction the power to hear and settle disputes in certain matters (Limited or General)
Original jurisdiction Trial Courts the first court to hear a case
Trials can be jury or no jury (jury is a group of citizens to decide the outcome of the trial)

Has Certain kinds of cases they settle (Trial Courts)

Probate (159) wills, settling estates, appointing guardians Magistrate Court (159) pretrial proceedings, warrants, bail, traffic, civil claims under $15,000 Juvenile (159) children under 17 except in serious felonies State (70) - misdemeanors, felonies, most civil cases Superior Courts(159) felonies, divorces, land titles

Appellate Courts
Review the Actions of Lower Courts Superior Courts review the actions of Probate, Magistrate, municipal courts Court of Appeals (12 judges) Appellate jurisdiction in cases not reserved for the Supreme Court Supreme Court (7 Justices) Exclusive jurisdiction in constitutional cases, treaties, capital felonies

Due Process
Rights included in Due Process
Be told the charges against you Speedy and public trial Confront witnesses against you Be represented by a lawyer Impartial judge and jury Remain silent

The Process
Pretrial
Arrest Booking official record of the arrest Initial Appearance lawyer, informed of charges, set bail Preliminary Hearing magistrate probable cause Grand Jury Indictment
Grand Jury 16-23 citizens decide if the defendant should be indicted Indictment formal accusation of the charges the state is accusing the person of

Arraignment Charges are read and the defendant pleads guilty or not guilty Plea Bargain Defendant agrees to plead guilty to a less serious crime (followed by sentencing)

Trial Process
Jury Selection Twelve Jurors and alternates are selected after lawyers interview them Opening Statements Prosecution and Defense introduce their cases Presentation of the Case Prosecution first then defense. Present witnesses and evidence Closing Statements Sum up their cases Jury Deliberation and Verdict If not guilty defendant freed If guilty defendant sentencing

Juvenile Justice System

Whats the Point

To deliver rules and justice for juveniles persons under the age of 17 Idea is that children are not fully mature and may not always be fully responsible for their actions Department of Juvenile Justice

Laws for Juveniles

Juveniles follow all laws adults follow Juveniles follow additional laws
Obey reasonable and lawful commands of parents/guardians Attend school regularly or have proper excuse Not run away from home Not wander or loiter in the streets between midnight and 5am Not enter a bar where alcohol is sold without parent or guardian Not possess or use alcohol

Seven Deadly Sins Act

Under current Georgia law, youth ages 13 to 17 may be tried as adults for allegedly committing one of seven crimes. The crimes, otherwise known as the "Seven Deadly Sins" include: murder, rape, armed robbery (with a firearm) aggravated child molestation aggravated sodomy aggravated sexual battery voluntary manslaughter

Rights of Juveniles
To be notified in writing of the charges against them To be represented by an attorney To call witnesses To confront witnesses against them Not to be found guilty only because of a confession Not to have their names or photographs made public on a first offense (unless being tried as an adult)

Juvenile Court System

Purpose:
To protect the well-being of children Provide guidance and control in the interest of the child as well as the State Secure care for children removed from the home Discipline violators
Delinquent Act Any act that would be a crime if committed by an adult Status Offense An offense that would not be a crime if committed by an adult Traffic Offenses

What Kinds of cases

Delinquent Juveniles children and youth who commit Delinquent acts Unruly Juveniles Children and youth who fail to follow rules and regulations set forth by their parents or guardians Status Offenders Children and youth who commit status offenses Deprived Juveniles Children and youth under the age of 18 who are neglected, abused, or mistreated by their parents or guardians

Process
Apprehension Authorities take juvenile offender into custody Intake Decision is Made
Case dropped or juvenile is counseled and released Informal Adjustment for period of three months (which can be extended for additional three months) juvenile is counseled and actions are taken to try and change youths behavior File petition for formal hearing

Formal Hearing like a trial not open to public no jury

Two separate parts Adjudication
Juvenile is not delinquent they go free Charges are true move on to second part

Disposition decides on a way to try and treat the child

Released child to parents or foster care Place juvenile on probation Commit the Juvenile to the Dept. of Juvenile Justice for rehabilitation

Avoiding Trouble
Settle disputes peacefully Listening, speaking, problem-solving, understanding others points of view Peer Mediation Students trained as mediators help their classmates to settle disputes peacefully Before mediation both parties agree on the rules Each student tells their part of the story without interruption Stories are verified Both parties discuss the stories and brainstorm solutions Solutions are discussed and one is agreed upon by both parties

Local Government

Three Kinds
Georgia only has three kinds of local government:
County City Special Purpose

Each is responsible to a specific group of citizens

County Government
159 County Governments (1932) Most have between 10,000 and 50,000 people
Only 14 have more than 100,000

Governed by the County Commission (between 1 and 10 people)

Combination of executive and legislative powers Elected Many commissions appoint a County manager to oversee day-to-day operations

County Government
Other elected offices
Sheriff Judge of Probate Court Clerk of Superior Court Tax Commissioner

County Governments serve the people living within their county Local Government should mean more representation County Seat the city within the county where the county government is located. Like the capital of the county.

What They Do
Make ordinances (laws) dealing with local property and affairs. Handles some State business at the County level
Roads and bridges Voter registration Schools Taxes (auto taxes, etc.) Record keeping (birth, death, marriage)

Serve citizens Police, fire dept., parks, public transportation, public health

City Government
How does a community become a city?
People of a community decide they want to be a city State Government approves a charter The city is then incorporated A city that has been incorporated is called a municipality (legal talk) They then set up their government elect officials, etc. Cities can sometimes span over county lines All land in a county is either unincorporated or incorporated

Three Types of City Government

Mayor-Council with strong mayor Mayor-Council with weak Mayor Council-Manager City Council also called city commission elected body with legislative power similar to county commission Mayor elected may have little or large amounts of power Executive Power depends on the structure

Mayor-Council Government with Strong Mayor

Mayor has strong executive power to carry out policiesprepares the budget, makes appointments, and manages the daily operations of the city. Mayor may have an administrative assistant who helps oversee departments that provide city services. Mayor may veto council legislation. Mayor serves as ceremonial head of government at public functionspublic speeches, ribbon cuttings, dedications. City council decides on policies of the city but has no administrative power. City council has limits set on its power.

Mayor-Council Government with Weak Mayor

Mayor may preside over council meetings and recommend ordinances. Mayor appoints department heads with council approval. Mayor serves as ceremonial head of government at public functions public speeches, ribbon cuttings, dedications. City council decides policies and makes laws. City council committees review how departments carry out programs.

Council-Manager City Government

Mayor may preside over council meetings but has little or no executive power. Mayor serves as ceremonial head of government at public functionspublic speeches, ribbon cuttings, dedications. City council decides policies and makes laws. City manager - usually a professional trained in conducting the citys business - is appointed by the city council to administer the government and can be removed by it. City manager draws up the agenda for council meetings, prepares the budget, and appoints and dismisses department heads.

Special Purpose Governments

Serves a specific purpose Can be set up by legislature or local governments Set up for only one purpose
School Districts MARTA

Three main good points

Run easily and deal with a specific problem or need Can borrow money to serve their purpose without the state or other local governments having to approve Can charge money to people who take advantage of their services to pay back money borrowed

Other Stuff
Cities expand by annexing extending a citys boundaries by adding land from bordering unincorporated areas
Usually a referendum the voters of the area to be annexed vote to approve or not If approved then the city grows

Cities can be dissolved

Legislature votes to revoke the charter Referendum in the city to give up the charter and dissolve the city City-County Consolidation When a city and county cooperate to a point that they essentially become one government. Consolidation is the formal merging of two governments. Ex. Athens-Clarke County,