Box 1, Folder 1, Document 13

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October 5, 1965

Mr, Henry L. Bowden, City Attorney
1114 William-Oliver Building
Atlanta, Georgia 30303

Dear Henry:

In response to your request, I am enclosing 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 the Act provides that the City has the authority to fix salaries,
compensation, expenses, etc., of their employees, but makes no provision what-
soever for the changing of duties of the employees,

In a meeting in Mr. Landers' office with you and Miss Dusthimer, we discussed
the possibility of changing Miss Dusthimer's title from Chief Law Clerk to
some other appropriate title in which we could vest more authority in her
position to consummate court orders, etc. As you will recall, the position
that Miss Dusthimer holds was created as a local act by the Legislature and
is codified under Section 5.1.34 of the 1965 Charter. This section reads as

"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 pleasure."

The question that I would like to raise to you regarding Miss Dusthimer's posi-
tion is whether or not we have the authority under either the '62 Home Rule
law or the '65 Home Rule law to change her title and her duties. I would
appreciate your early answer to this question.

Yours very truly,

Charlies L. Davis
City Comptroller


ec: Mr. R. E. Landers er

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