HB789: HB789 Oglethorpe, City of; certain hearings of the governing authority; revise provisions

This bill amends the 1975 charter for the City of Oglethorpe, a local government in Macon County, Georgia. It adds a requirement that zoning public hearings follow the state's Zoning Procedures Law (O.C.G.A. Chapter 66 of Title 36), revises how the mayor pro tem is chosen and limits when that person can act on the city's behalf, and updates the rules for filling vacancies on the mayor and council, including tie-vote and special election procedures. The bill also repeals the old section on the mayor's or recorder's court and replaces it with a new Article III-A creating a formal Municipal Court of the City of Oglethorpe, spelling out how judges are appointed, the court's jurisdiction, sentencing limits, bail authority, and how appeals go to the Superior Court of Macon County. The changes take effect July 1, 2025.

• Requires Oglethorpe's zoning public hearings to follow the state's Zoning Procedures Law (O.C.G.A. Chapter 66 of Title 36).
• Revises how the council elects a mayor pro tem and restricts that person from acting on the city's behalf without the mayor's consent, except when filling the mayor's office.
• Updates the process for filling vacancies in the mayor's or a council member's seat, including tie-vote procedures and special elections.
• Repeals the old charter section on the mayor's or recorder's court and creates a new, more detailed Municipal Court of the City of Oglethorpe.
• Sets the new municipal court's sentencing limits at up to a $1,000 fine, 180 days in jail, or both, plus rules for bail, warrants, and appeals to the Superior Court of Macon County.
• Sets the effective date of the changes as July 1, 2025.

Oglethorpe city officials including the mayor, mayor pro tem, and city council; residents involved in zoning hearings; anyone charged with a city ordinance violation or a state offense committed in the city; and the Superior Court of Macon County, which will hear appeals from the new municipal court.

Residents get a more clearly defined municipal court with set sentencing limits, bail rules, and an appeals path, replacing an older, less detailed court section. Zoning hearings must follow standard state procedures, and clearer rules govern who leads the city when the mayor is unavailable or a seat opens up.

• Section 1 adds Section 1.04.5, requiring zoning hearings to follow the state's Zoning Procedures Law (O.C.G.A. Chapter 66, Title 36).
• Section 2 revises Section 2.04 so the mayor pro tem cannot act on the city's behalf without the mayor's consent, except when actually filling the mayor's office.
• Section 2 also revises Section 2.05 on vacancies, detailing tie-vote resolution by the mayor or mayor pro tem and triggering a special election if two council seats are vacant at once.
• Section 3 repeals the prior charter section on the mayor's or recorder's court.
• Section 4 creates Article III-A establishing the Municipal Court of the City of Oglethorpe, covering judge qualifications, jurisdiction, sentencing caps, bail authority, and rulemaking.
• Section 4 (3A.06) sets appeals of municipal court decisions to go to the Superior Court of Macon County.
• Section 5 makes the Act effective July 1, 2025.
• Section 6 repeals conflicting laws.

1. 2025-05-13Effective Date 2025-07-01
2. 2025-05-13Act 230
3. 2025-05-13House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-31Senate Passed/Adopted (Senate)
6. 2025-03-31Senate Committee Favorably Reported (Senate)
7. 2025-03-28Senate Read and Referred (Senate)
8. 2025-03-27House Passed/Adopted (House)

• Patty Stinson (D, HD-150)Primary sponsor

1. PassedHouse voteMarch 27, 2025

   164 yea, 0 nay (12 not voting, 4 absent)

   Local Calendar : House Vote #317

2. PassedSenate voteMarch 31, 2025

   49 yea, 0 nay (5 not voting, 2 absent)

   Local Consent Calendar: Senate Vote #339

• local government charters
• municipal court
• city council vacancies
• zoning hearings
• Oglethorpe Georgia