Georgia State and Local Government

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 State Senator 56 Members the General Assembly 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 Offices by Governor Secretary of State Attorney General Must also be a member of the State Bar for 7 years Superintendant of Schools Karen Handel Kathy Cox 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 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

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

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

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

Pretrial Arrest The Process 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,