GeorgiaHB 5922025-2026 Regular SessionHouseWALLET

Cleveland, City of; provide new charter

Sponsored By: Stan Gunter (Republican), Will Wade (Republican)

Signed by Governor

Intragovernmental CoordinationState and Local Governmental OperationsLocal Bill

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Bill Overview

Analyzed Economic Effects

24 provisions identified: 8 benefits, 4 costs, 12 mixed.

Local emergency declarations and actions

The city can declare local emergencies and take reasonable steps to protect health and safety. It can make and carry out temporary rules during an emergency. This helps the city respond faster in crises.

Budget deadlines, limits, and audits

The council sets the city’s fiscal year by ordinance. The city manager must submit a proposed operating budget at least 30 days before the fiscal year, and the council must adopt the operating and capital budgets by June 30. If a budget is late, current spending continues month-to-month until a new one passes. The city cannot spend more than each approved appropriation, though the council can change the budget by ordinance. Construction spending must be in the capital budget unless there is a public emergency. Multiyear lease or purchase contracts must allow yearly termination and follow Georgia law. The city must get an independent annual audit. The city may make appropriations and spend for any lawful city purpose.

Property tax returns and due dates

If you own property in Cleveland, you must file a sworn annual return of your taxable property. The city council sets the property tax millage rate and the payment due date by ordinance. These rules decide how much you owe and when you must pay.

Business taxes, licenses, and permits

The city can levy occupation and business taxes and classify businesses for those taxes. It can charge license and permit fees and revoke permits for violations or nonpayment. It can also set regulatory fees that match the city’s cost to oversee the activity. Alcohol sellers must follow local licensing rules and fees.

Broader city tax powers and budgets

The city can levy any tax or fee that Georgia law allows. The council must set taxes so expected revenues at least fund the adopted budget. This structure can lead to higher or steady taxes when spending rises.

Stronger collections on unpaid city bills

The city can charge penalties and interest on late city taxes and fees. It can place liens, issue tax executions, and make the debt your personal obligation. The city can also revoke permits if you do not pay. These tools raise the risk and cost of being delinquent.

Utility rates, stormwater, and shutoffs

The city can run water, sewer, gas, electricity, telecommunications, and other utilities and set the rates. It can charge for sewer, health, and sanitation services and collect unpaid bills. Service can be shut off if you refuse or fail to pay. The city can also create a stormwater utility and run programs to protect air and water. These steps may improve services and the environment but can raise monthly bills.

City bonds and short-term borrowing

The city can issue general obligation bonds for projects, backed by its taxing power. It can also issue revenue bonds repaid from project income, including through the Cleveland Building Authority. Short‑term loans are allowed but must be repaid by December 31 each year. These tools help fund projects but can mean higher taxes or user fees to repay the debt.

Eminent domain and project assessments

The city can take property for public uses under Georgia’s condemnation rules and pay owners as state law requires. It can build roads, parks, utilities, and other public works. If your property benefits from a project, the city can charge a special assessment to help pay for it. These rules can bring new amenities but also new costs or the loss of property for some owners.

Zoning, building codes, and city limits

The city sets zoning and subdivision rules that control what can be built and where. It adopts building and safety codes for construction and permits. The city clerk keeps the official boundary map that shows where city rules and taxes apply. These rules can improve safety and property values but can also add costs or limits to projects.

Franchise fees or gross receipts tax

The city can grant franchises to use streets and alleys for utilities or transport for up to 35 years. The city must receive fair payment for any franchise. If no franchise is in place, the council can tax the company’s gross receipts for using the rights‑of‑way. These costs can be passed on to customers.

City contracts with private firms

The city can sign contracts with other governments and with private companies and partnerships. This can create opportunities for local businesses to provide goods and services to the city. Contract terms are set by the city and the other party.

Stronger rules for city contracts

No city contract is valid unless it is in writing, reviewed or drafted and signed by the city attorney, and approved by the council in its minutes. The council may set up a central purchasing system by ordinance.

Clerk and city attorney roles

The council appoints a city clerk who keeps the seal and records, records meetings, manages most city revenues, and keeps books open for public inspection. The council appoints a city attorney, a Georgia Bar member, who serves as an independent contractor to advise and defend the city.

Cleveland city charter re-established

The law re-establishes the City of Cleveland as a municipal corporation. Existing local laws stay in place unless they conflict with the new charter. Ongoing cases and city business continue without interruption. The city holds all powers state law allows for local self-government.

Ethics rules for city officials

City officials and employees cannot use their office for private gain or take valuable gifts from people with city business. They must disclose financial interests and not vote on matters where they have one. Officials cannot hold another city office during their term. A one-year cooling-off period applies before former elected officials can hold appointive city office.

Rules for meetings and city laws

The council holds an organizational meeting at the first meeting in even-numbered years and elects a mayor pro tem each year. Special meetings require at least 24 hours’ notice, and emergency ordinances must be labeled and explain the emergency. Every ordinance must be in writing with the required enacting clause; the mayor has three days to refuse, and the council can pass it by majority without the mayor. The clerk keeps and publishes the city code, which may be posted online. The city may adopt standard technical codes by reference.

City court, fines, and appeals

The city runs a municipal court. For ordinance violations, the court may fine up to $1,000 and jail up to 180 days. Contempt punishments can be up to 10 days in jail. You can appeal municipal court decisions to White County Superior Court under Georgia law.

City manager hiring and staff rules

The city manager must post a $100,000 fidelity bond paid by the city. The council can suspend the manager for up to 45 days or remove the manager by majority vote. A mayor or councilmember may serve as acting manager for up to six months and does not need a bond. The council controls hiring and pay for key posts and must approve changes to department heads. Most employees serve at will, and a 90‑day transition keeps staff in place as the new charter takes effect.

Council powers, meetings, and pay

The mayor and council can make ordinances, remove officers, and set pay for city officials and themselves by ordinance. A quorum is the mayor plus two councilmembers, and passing business needs the mayor and at least two council votes. The mayor or a councilmember may join by teleconference no more than twice per year unless there is an emergency or a doctor’s note. The council can create boards and remove members at any time.

Nonpartisan city elections and candidates

City elections are nonpartisan. The mayor is elected citywide. Four councilmembers are elected from four districts by city voters. Terms are four years. Candidates must be at least 21, live in the city for 12 months before the election, and keep residency during service. The qualifying fee is 3% of the office’s total gross salary. Vacancies with six months or more left require a special election; shorter vacancies are filled by appointment. All city elections follow Georgia’s Election Code.

Old charter repealed, new rules

The 2013 Cleveland city charter and its amendments are repealed. Any laws that conflict with the new charter are repealed where they conflict. The new charter now controls city governance.

Public safety and local rules

The city can create or contract for police and fire services and appoint officers with arrest power. It can regulate animals, impound those running at large, and set related fees or fines. The city oversees cemeteries and may set charges for grave digging and hearse services under state law.

Selling or transferring city property

The council can sell or lease city property and grant easements. It can quitclaim property that is not needed after a manager’s report and council resolution. Neighbors may get a chance to buy small cut‑off parcels created by street work after notice and on terms set by ordinance.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 212 • No: 1

Senate vote • 3/10/2025

LOCAL CONSENT CALENDAR

Yes: 43 • No: 1

House vote • 2/27/2025

Local Calendar

Yes: 169 • No: 0

Actions Timeline

House Date Signed by Governor
5/13/2025House
Act 151
5/13/2025
Effective Date
5/13/2025
House Sent to Governor
4/7/2025House
Senate Committee Favorably Reported
3/10/2025Senate
Senate Passed/Adopted
3/10/2025Senate
Senate Read and Referred
2/28/2025Senate
House Committee Favorably Reported
2/27/2025House
House Third Readers
2/27/2025House
House Passed/Adopted
2/27/2025House
House Second Readers
2/26/2025House
House First Readers
2/24/2025House
House Hopper
2/21/2025House

Bill Text

HB 592/AP* (v4)
PDF

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