Temporary Operational Emergency Resolution

At the Jan. 13, 2026 city council meeting, the council passed a resolution (see below) to establish continuity of operations procedures. This resolution was necessary because the city has not yet appointed an interim city manager or hired a replacement for the previous city manager. This resolution will be in effect for 30 days unless we are able to appoint an interim city manager or hire a new city manager sooner than that. If we cannot, then council has the option to vote to extend the resolution an additional 30 days. See section 8 for additional details.

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAVE SPRING, GEORGIA DECLARING A TEMPORARY OPERATIONAL EMERGENCY AND ESTABLISHING CONTINUITY OF OPERATIONS PROCEDURES IN THE ABSENCE OF A CITY MANAGER

WHEREAS, the Charter of the City of Cave Spring establishes a council-manager form of government and vests administrative authority in the office of the city manager; and

WHEREAS, due to unforeseen and exigent circumstances, the office of the city manager is presently unavailable and no eligible interim city manager can be immediately appointed; and

WHEREAS, the City Council recognizes that the Charter expressly prohibits the appointment of a person holding elective office as city manager,

WHEREAS, the City Council further recognizes that the Charter does not permit the suspension or waiver of eligibility requirements by ordinance, resolution, or emergency declaration; and

WHEREAS, it is nevertheless necessary to ensure the continuity of essential municipal operations, public safety, fiscal responsibility, and legal compliance during this temporary period; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cave Spring, Georgia, as follows:

SECTION 1.
DECLARATION OF TEMPORARY OPERATIONAL EMERGENCY.

The City Council hereby declares that a temporary operational emergency exists solely for purposes of continuity of municipal operations during the period in which the office of the city manager is unavailable.

SECTION 2.
GOVERNING LAW AND JURISDICTION.

This Resolution shall be governed by and construed in accordance with the laws of the State of Georgia. The City of Cave Spring, Georgia shall have jurisdiction over all matters arising under this Resolution.

SECTION 3.
COLLECTIVE EXERCISE OF COUNCIL AUTHORITY.

During the period of this declared emergency, the City Council shall act collectively, through duly noticed public meetings or special called meetings, to exercise only those powers explicitly vested in the Council by the Charter, and shall exercise approved administrative functions reserved for the city manager. Such powers include but are not limited to:

1. Approval of all expenditures and contracts;

2. Authorization of emergency actions necessary to protect public health, safety, and property;

3. Direction of policy and priorities consistent with adopted ordinances and budgets.

No individual councilmember is authorized to act unilaterally except as expressly authorized by vote of the Council.

SECTION 4.
MINISTERIAL AUTHORITY OF THE CHAIR.

The Chair of the City Council is hereby authorized, when expressly approved by majority vote of the Council, to:

1. Execute contracts, agreements, and documents approved by the Council;

2. Serve as the official point of contact with county, state, and emergency management agencies;

3. Perform ministerial acts necessary to carry out Council-approved actions.

The Chair's authority is strictly limited to actions expressly approved by a majority vote of the Council and does not include independent authority.

SECTION 5.
CONTINUATION OF DEPARTMENTAL OPERATIONS.

All city departments and employees shall continue to operate pursuant to existing ordinances, policies, budgets, and lawful directives in effect prior to the absence of the city manager. Department heads and employees are authorized to take actions within their existing scope of authority necessary to maintain essential services.

SECTION 6.
TEMPORARY ADMINISTRATIVE SUPPORT.

The City Council may authorize the procurement of temporary professional or administrative support services, including consulting or emergency operational assistance, provided that such services do not constitute the appointment of a city manager or confer independent administrative authority. Any temporary support services procured must not involve the delegation of powers or duties exclusive to the city manager under the City Charter.

SECTION 7.
RATIFICATION OF NECESSARY ACTIONS.

To the extent permitted by law, the City Council may ratify actions taken in good faith by city employees during the emergency period that were reasonably necessary to preserve public safety, protect property, or maintain essential services.

SECTION 8.
DURATION, TERMINATION, AND RENEWAL.

This Resolution shall take effect immediately upon adoption and shall remain in effect for a period not to exceed 30 days, unless sooner terminated by the City Council or superseded by the appointment of an eligible interim or permanent city manager.

In the event this Resolution is not sooner terminated by the City Council or superseded by the appointment of an eligible interim or permanent city manager, this Resolution may be adopted for a subsequent period not to exceed 30 days by a majority vote of the City Council during duly noted public meeting or special called meetings.

SECTION 9.
CONSTRUCTION.

This Resolution shall be construed narrowly and in a manner consistent with the Charter of the City of Cave Spring and the laws of the State of Georgia. Any provision found to conflict with the Charter or state law shall be deemed null and void without affecting the remaining provisions.