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October 5, 1965 Mr, Henry L, Bowden, City Attorney 1114 William-Oliver Building Atlanta, Geargia 30303 Dear Henry: In response to your request. I am enclosi.ng a copy of Senate Bill 4 that was passed by the 1965 Legislature which grants home rule authority to municipalities, Section 4, Subparagraph 6 of the Home Rule Act states as follows: "Action affecting any court or the personnel thereof , except any municipal court having jurisdiction only over municipal ordinances." Section 5 of th Act provides that the City has the authority to fix salaries, compensation, expenses,. etc,• of their employees, but makes no provision whatsoever for the changing of dut ies of the employees, In a meeting in Mr, Landers' office with you and Miss Dusthimer 1 we discussed the possibility of changing Miss Dusthi er's title from Chief Law Clerk to some other appropriate title in which we could vest mor authority in her position to consummate court orders, etc. As you will recall:a tho position that Miss Dusthimer holds was created as a local ~ct by the, Legislature and is codified under Section 5.1,34 of the 1965 Charter. This section reads as follows : "There is hereby created in the department of municipal courts in the City of Atlanta the position of chief law clerk, who shall be appointed to office by the chief general judge and shall hold office at his pl asure," The question that l would like to raise to you regarding Miss Dusthi et- 1 s position is wh tber or not we have th authority under either the ' 62 Home Rule law or the '65 Hom Rul law to change her title and h r duties. I would appreciat your arly answer to this question, Yours very truly, Charles L. Davis C.i ty Comptroller CLD:CW Enc . cc: Mr. R. E . Landers / �