GeorgiaHB 5922025-2026 Regular SessionHouse

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

29 provisions identified: 6 benefits, 12 costs, 11 mixed.

Cleveland court sets fines and fees

For offenses within its jurisdiction, Cleveland Municipal Court can impose fines up to $1,000, jail up to 180 days, or both. Contempt in the court's presence can bring up to 10 days in jail and a fine allowed by law. The court can set fees to cover operating costs; the charter sets no fee amounts. It is also entitled to reimbursement for meals, transportation, and care of prisoners sent to superior court for state-law violations.

Missed Cleveland court appearances risk bail

Cleveland Municipal Court can set bail and accept cash, personal property, or real property as security. If a defendant misses the required appearance, the judge can forfeit cash or place a lien on deposited property. For bond forfeiture, defendants and people guaranteeing the bond must receive the hearing order at least two days before the hearing.

Cleveland employees serve without job guarantees

Cleveland city employees serve at will and can be removed at any time unless a city ordinance provides otherwise. This employee rule excludes elected and appointed officers. The provision sets no pay change.

Unpaid Cleveland bills face collection penalties

People and businesses owing overdue Cleveland taxes or fees can face interest, late penalties, property liens, or permit loss. Council sets reasonable collection rules by ordinance, within legal limits. The city can collect unpaid amounts as personal debts and issue, enforce, assign, or transfer tax collection orders. The charter sets no penalty or interest rate.

Cleveland establishes court and review rights

The law establishes Cleveland Municipal Court, with a chief judge appointed by the council. Judges must be at least 21 and meet legal qualifications; ordinances set pay and can provide additional judges. The charter and applicable law govern judges' terms, removal, and oath. People can petition White County Superior Court to review municipal court decisions in criminal or city-ordinance cases under Georgia law.

Adjacent owners get city land opportunities

Cleveland can sell or lease city property and grant rights to use it. Small parcels cut off by public projects can be sold to adjoining owners without an advertised public sale. Such sales must support the best use of adjoining property; every bordering owner must receive notice and a buying opportunity. Sale terms are set by ordinance. The city can give up a property interest only after finding it unneeded and without a readily measurable money value.

Cleveland fills vacancies and removes misconduct

The council fills mayoral or council vacancies by appointment when less than six months remain in the term. With six months or more remaining, a special election fills the vacancy. The same timing rule applies to temporary vacancies caused by suspension. A mayor or councilmember loses office after impeachment and conviction for malpractice, willful neglect, abuse, or conduct unbecoming an officer.

Cleveland keeps temporary city leadership available

The council can appoint the mayor as acting manager during a manager's absence, disability, or vacancy. If the mayor cannot serve, a councilmember can act for no more than six months. Acting managers take an oath, need no fidelity bond, keep their elected powers, and receive no manager salary. The appointment ends when a manager is appointed or the council revokes and replaces the acting appointment. Each year, the council also elects a mayor pro tem by majority vote to preside during the mayor's absence and vote only to break ties.

Cleveland officials face conflict safeguards

City officials and employees cannot misuse city property or confidential information, accept certain valuable gifts, or pursue conflicting work. They cannot represent private interests against the city or take part in city contracts in which they have financial interests. Financial interests must be disclosed; interested mayors and councilmembers must step aside from affected council matters. Council can void a contract for a material violation known, expressly or implicitly, to an involved city official or employee. Candidates can still accept campaign contributions and campaign services.

Cleveland must budget before spending money

The manager must submit operating and capital budgets at least 30 days before the fiscal year, including recommended project financing. Council must adopt final budgets by June 30 each year. Operating budgets must cover legally required spending and debt service; fund appropriations cannot exceed estimated balances, reserves, and revenue. If the operating budget is late, current appropriations continue month to month, prorated, and spending cannot exceed available appropriations or allotments. Construction spending needs capital-budget approval except for public emergencies; capital appropriations remain available until the purpose is completed or abandoned.

Cleveland can charge for utility services

Cleveland can set utility and sanitation charges, fees, taxes, and connection charges, with ordinances where required. Covered services include garbage, trash, and sewer service. The city can also charge fees, assessments, and tolls for services provided or made available inside or outside city limits. It can collect unpaid charges through delinquent-revenue procedures and withdraw utility service for nonpayment. The charter sets no rates or bill amounts.

Nearby owners can pay improvement costs

Cleveland can charge owners whose property borders a public improvement for its construction, rebuilding, widening, or improvement costs. Covered projects include streets, sidewalks, curbs, gutters, sewers, utility mains, and related parts. Unpaid charges can go through the city's overdue-revenue collection process. The law sets no assessment amount or formula for each owner's share.

Cleveland officials face city job limits

The mayor and councilmembers generally cannot hold another city office or city job during their elected terms, unless law allows it. Former mayors and councilmembers must wait one year after their elected terms end before taking appointed city offices. City employees must leave city employment when they qualify for full-time public office. They must also leave when qualifying for a city office found inconsistent, incompatible, or in conflict with their duties.

Cleveland property owners face tax rules

Cleveland can tax real and personal property within city limits that is subject to state and county taxation. Council sets the property tax rate, due date, and payment period by ordinance; the charter sets no rate. Revenue can fund city operations, services, general-obligation debt payments, and other public purposes. People and corporations owning property subject to city tax must file a sworn annual return from January 1 through April 1. Returns go to the city's tax assessors on city forms and report fair market value as of January 1.

Cleveland businesses can face permit fees

Cleveland can require businesses and professional activities to obtain permits and pay reasonable regulatory fees. Ordinances must establish the requirements and follow general law. Fees must reflect the city's total cost of regulating the activity. The charter does not identify covered activities or set fee amounts.

Cleveland can tax businesses and professions

Cleveland's council can create business, occupation, and professional taxes by ordinance, as allowed by law. It can group businesses and professions into lawful tax classes. The charter sets no rate, amount, or start date for a specific tax.

Cleveland can levy taxes for services

Cleveland can collect property taxes and other taxes and fees allowed by current or future Georgia law. Property owners must file annual sworn property returns from January 1 through April 1, using fair market value. Council must set tax rates estimated to cover yearly spending, counting other income, fund balances, and reserves. The charter sets no tax rate, fee amount, or household bill.

Cleveland can tax providers' street use

Cleveland can tax covered providers' gross receipts from using city streets and alleys when no franchise agreement is in effect. Covered providers include utility, telecommunications, railroad, and transportation companies. The law sets no tax rate and does not directly tax households. Customer prices can rise if providers pass along the cost.

Cleveland sets election and candidate rules

Citywide voters elect the mayor and one councilmember from each of four districts, all for four-year terms. Elections occur every odd-numbered year on the Tuesday after November's first Monday; the mayor and two council seats alternate with the other two seats. Candidates must be at least 21 and have lived in Cleveland for 12 months before the election. Officeholders must remain city residents and qualified city voters; councilmembers must remain in their districts, and convictions involving moral turpitude bar service. The council must publish candidate qualifying fees equal to 3% of each office's total gross salary, including authorized supplements.

Residents can inspect Cleveland city records

Cleveland must appoint a clerk who is not a councilmember to keep city records and record council proceedings. The clerk collects city revenue unless assigned elsewhere and must open the clerk's books to residents upon request. Cleveland must organize and promptly publish its ordinances and charter amendments, offer reasonably priced copies, and allow inspection of adopted technical rules. Online posting is optional. An independent accountant chosen by council must audit city finances annually using generally accepted auditing principles; state or federal audits can satisfy the requirement for covered funds, and public copies carry applicable copying costs.

Cleveland can remove fire hazard buildings

Cleveland can organize, operate, and equip a paid or volunteer fire department and adopt fire-safety rules. Under Georgia law, the city can condemn and require removal of buildings that are or may become fire hazards.

Cleveland council can compel investigation evidence

After approving a resolution, the council can investigate city affairs and the conduct of departments, offices, and agencies. It can subpoena witnesses, administer oaths, take testimony, and require evidence. People who disobey lawful orders can face penalties set by city ordinance. The charter sets no penalty amount.

Cleveland elections and lawmaking follow limits

Cleveland city elections have no party primaries or party labels on ballots. The mayor votes on council questions only to break a tie. Ordinances and resolutions require mayoral approval, but council can override a refusal by majority vote. The mayor must file reasons for refusal within three days of passage. Adopted measures require the mayor's and councilmembers' signatures, except members who abstain need not sign.

Cleveland gets a new city charter

The law reincorporates Cleveland in White County as a continuing legal city. Cleveland can make local rules about health, safety, buildings, businesses, zoning, and public conduct. These powers must follow the charter, Georgia Constitution, and state law. The city receives the former city's property, and earlier property purchases are confirmed as lawful. It also takes responsibility for existing debts, bonds, contracts, principal, and interest.

Cleveland leaders control city staffing

The law replaces Cleveland's 2013 charter and all its amendments. The mayor and council can create, close, combine, change, or leave vacant nonelected offices and departments. They retain control over specified officials and department heads, including hiring, supervision, removal, pay, and benefits. Some powers can be delegated to the manager by ordinance for limited periods and later withdrawn; department-head personnel actions require prior approval. Other manager-supervised appointments require manager nomination and council confirmation, but council can select someone when the manager fails to nominate.

Cleveland sets city manager job rules

The council can appoint a city manager for an indefinite term based only on executive and administrative qualifications, and set pay. Before taking office, the manager must provide a fidelity bond of at least $100,000; city funds pay its cost. An appointed manager directs departments, prepares annual budgets, reports on year-end finances and administration, and advises city leaders. The manager can manage appointed staff under law and personnel rules, while elected leaders retain authority over specified officials and department heads. A council majority can suspend the manager for up to 45 days or remove the manager at any time for any reason, with reference to any contract terms.

Cleveland can finance projects and acquire property

Cleveland can manage property, build public improvements and utilities, and condemn property inside or outside city limits under Georgia law. It can issue general-obligation bonds under state limits and revenue bonds repaid from the financed project's income. Cleveland Building Authority facility bonds can continue, with repayment from rent paid by the city. Cleveland can set charges for revenue-producing projects and enter debt obligations; no borrowing or charge amount is set. Short-term loans generally must be repaid by December 31 of the year borrowed unless another law provides otherwise.

Cleveland sets official pay and oversight

A mayor and four councilmembers govern Cleveland and can make city rules, set staff pay, and suspend or remove staff. City ordinances set the mayor's and councilmembers' pay, benefits, and expense reimbursement. The mayor and council can create boards, commissions, and authorities, set their duties, appoint members, and provide pay or expense reimbursement. Members generally serve at will unless the charter or law says otherwise; board members must file an oath before serving. The city pays for officer and employee bonds required by law or ordinance.

Street users must compensate Cleveland fairly

Cleveland can grant franchises allowing organizations to use city streets and alleys. Franchise terms can address duration, exclusivity, and compensation. No franchise can last more than 35 years. The city must receive fair and adequate compensation before granting one.

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 • Other: 3

House vote • 2/27/2025

Local Calendar

Yes: 169 • No: 0 • Other: 5

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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