Georgia State and Local Government

Organization of Georgia State Government and

The Role of Citizens

Georgia’s 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 else’s

• 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

Elections and Voting Opportunities in Georgia

• System of Elections is partisan (candidates are identified by political party)– 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 party’s 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 party’s 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 legislator’s specific district)

• Guardians of the State Constitution– All changes (amendments)

must be approved by a 2/3 majority in each house

Qualifications to be a member of the General Assembly

State Senator• 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

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

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 person’s 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 governor’s formal powers are described in the

Constitution• A governor’s 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 state’s

civil defense units

Informal Powers of the Governor• Informal powers are powers that are not listed in the

state’s constitution, some are the result of tradition and custom, others are necessary to enforce formal powers

• A governor’s 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– 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

Karen Handel Kathy Cox

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 State’s 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 -Water-Rail -Air

• Georgia Department of Transportation (DOT)– Responsible for building

and maintaining Georgia’s roads

• Georgia Ports Authority (GPA)– Operates Georgia’s ports

Economic Development• Governor promotes the State

through Diplomacy• Department of Economic

Development• To promote the state and draw in

business• Promote the State’s Resources• Tourism• Encourage businesses to locate

in Georgia• Encourage Entrepreneurs to take

risks• Bring Industry to Georgia

Natural Resources• Responsible for Protecting

the State’s 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

Budget1. 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 budget3. Sends it to the Legislature for approval4. Legislature makes minor changes5. Both houses must pass the same budget6. 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

Georgia’s 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

What’s 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 youth’s 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 policies—prepares 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 functions—public 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 functions—public speeches, ribbon cuttings, dedications.

• City council decides policies and makes laws. • City manager - usually a professional trained in

conducting the city’s 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 city’s

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,