HB 789: Oglethorpe, City of; certain hearings of the governing authority; revise provisions

This bill amends the 1975 charter of the City of Oglethorpe, a small city in Georgia. It adds a requirement that zoning hearings follow the state's Zoning Procedures Law (O.C.G.A. Chapter 66 of Title 36). It also rewrites the rules for how the council picks a mayor pro tem, limiting what that person can do without the mayor's consent unless they are actually filling a vacant mayor's seat. The bill changes how vacancies on the mayor and council are filled, including a tie-vote procedure and rules for a special election if too many seats are filled by appointment. It repeals the old section on the mayor's or recorder's court and replaces it with a full new article creating a Municipal Court of the City of Oglethorpe, spelling out its judges, jurisdiction, penalties (up to a $1,000 fine or 180 days in jail), bail rules, and appeal process to Macon County Superior Court. The changes take effect July 1, 2025.

• Adds a new charter section requiring Oglethorpe's zoning hearings to follow Georgia's statewide Zoning Procedures Law (O.C.G.A. Chapter 66 of Title 36).
• Revises the mayor pro tem's role so that person generally cannot act on the city's behalf without the mayor's consent, except when filling a vacant mayor's office.
• Rewrites the rules for filling vacancies on the mayor and council, including a tie-vote appointment process and a special election if too many seats are appointment-filled.
• Repeals the old section on the mayor's or recorder's court and creates a new, detailed Municipal Court of the City of Oglethorpe with defined judges, powers, and penalties.
• Sets the maximum municipal court punishment at a $1,000 fine, 180 days in jail, or both, unless other law allows more.
• Sets an effective date of July 1, 2025 for all these charter changes.

Residents and property owners in the City of Oglethorpe seeking zoning decisions, the city council and mayor's office, candidates or appointees filling vacant seats, and anyone charged with a city ordinance violation or minor offense who would appear before the new municipal court.

Oglethorpe residents would see zoning hearings follow a standard statewide process, clearer rules for who runs city business when the mayor is unavailable, and a more formally structured municipal court with defined judges, penalties, bail procedures, and an appeals path to Macon County Superior Court.

• Section 1 adds Section 1.04.5, requiring zoning hearings to follow the state's Zoning Procedures Law.
• Section 2 revises Section 2.04 to limit the mayor pro tem's independent authority and Section 2.05 to detail vacancy and special election procedures.
• Section 3 repeals and reserves Section 3.04, eliminating the old mayor's or recorder's court provision.
• Section 4 creates Article III-A establishing the Municipal Court of the City of Oglethorpe, covering judge qualifications, jurisdiction, penalties up to $1,000 or 180 days in jail, bail, contempt power, and rulemaking authority.
• Section 3A.06 allows appeals of municipal court decisions to the Superior Court of Macon County.
• Section 5 sets the effective date as July 1, 2025.
• Section 6 repeals conflicting laws.

1. 2025-07-01Effective Date
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 Marie Stinson (D, HD-150)Primary sponsor

1. PassedHouse voteMarch 27, 2025

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

   Local Calendar: House Vote #317

2. PassedSenate voteMarch 31, 2025

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

   LOCAL CONSENT CALENDAR: Senate Vote #339

• city charters
• municipal courts
• zoning hearings
• local government
• Oglethorpe Georgia