--- title: HB 789. Oglethorpe, City of; certain hearings of the governing authority; revise provisions collection: bills id: 2025-2026/hb789 cite_as: HB 789, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb789 md_url: https://georgiacommons.org/bills/2025-2026/hb789.md text_url: https://georgiacommons.org/bills/2025-2026/hb789/text source_url: https://www.legis.ga.gov/legislation/71411 date: 2025-05-13 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb788.md next: https://georgiacommons.org/bills/2025-2026/hb790.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 885 omitted_url: https://georgiacommons.org/bills/2025-2026/hb789.md?full=1 bill_number: HB 789 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-05-13 last_action: Effective Date 2025-07-01 sponsors: - Patty Stinson text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/HB789/2025 upstream_id: 2010611 summaries_model: claude-sonnet-5 topic_tags: - local government charters - municipal court - city council vacancies - zoning hearings - Oglethorpe Georgia --- # HB 789. Oglethorpe, City of; certain hearings of the governing authority; revise provisions ## Text 25 LC 47 3456/AP House Bill 789 (AS PASSED HOUSE AND SENATE) By: Representative Stinson of the 150th A BILL TO BE ENTITLED AN ACT To amend an Act to create a new charter for the City of Ogletho rpe, approved March 11,1 1975 (Ga. L. 1975, p. 2630), as amende d, so as to revise provis ions relating to certain2 hearings of the governing authority; to revise provisions related to the powers of the mayor3 pro tem; to revise provisions related to filling vacancies on the mayor and council; to update4 provisions related to the municipal court; to provide for relat ed matters; to provide for an5 effective date; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 An Act providing a new charter for the City of Oglethorpe, approved March 11, 1975 (Ga.9 L. 1975, p. 2630), as amended, is amended by adding a new section to read as follows:10 "SECTION 1.04.5.11 Public hearings for zoning decisions shall be held consistent with the 'Zoning Procedures12 Law,' Chapter 66 of Title 36 of the O.C.G.A."13 H. B. 789 - 1 - 25 LC 47 3456/AP SECTION 2.14 Said Act is further amended by revising Section 2.04 and Section 2.05 as follows:15 "SECTION 2.04.16 Mayor pro tem.17 The council, at the first regular meeting after the newly elect ed councilmen have taken18 office following each election, shall elect from its membership a mayor pro tem who shall19 serve for a term of one year. In the event that no decision is reached at such first regular20 meeting, the council shall elect the mayor pro tem within ten days following such meeting;21 otherwise the councilmember who received the highest number of votes when he was last22 elected shall become the mayor pro tem. The mayor pro tem shal l perform the duties of23 the mayor during the mayor's absence or inability to act, and shall fill any unexpired term24 in the office of the mayor, in which case a new mayor pro tem shall be elected by majority25 vote of the council. Except in the case where the mayor pro tem is filling the office of the26 mayor due to the prior mayor's inability to act, the mayor pro tem shall not take any actions27 on behalf of the city without the consent of the mayor.28 SECTION 2.05.29 Vacancy in office of mayor of councilmember.30 A vacancy shall exist if the mayor or a councilman:31 (1) Resigns, dies, or moves his or her residence from the city; 32 (2) Is absent from four consecutive regular meetings of the governing authority, except33 if granted a leave of absence by the council, or has been conti nuously disabled for a34 period of six months so as to prevent him or her from discharging the duties of his or her35 office; or36 H. B. 789 - 2 - 25 LC 47 3456/AP (3) If he or she is adjudged an incompetent or is convicted of malfeasance or misfeasance37 in office, or felony, a violation of this Act or a violation of the election laws of the State.38 The mayor and council shall appoint a qualified person to fill such a vacancy for the39 remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken40 for fifteen days, the mayor or mayor pro-tem in case of a vacancy in the office of mayor,41 shall appoint a qualified person to fill the vacancy. At no time shall there be more than two42 members so appointed holding office, and if a vacancy occurs wi t h t w o m e m b e r s s o43 appointed on the council, a special election shall be held on the eighth Tuesday following44 occurrence of the vacancy, at which election a mayor or councilman, as the case may be,45 shall be elected to serve the remainder of the unexpired term of the vacant office, provided46 that no such election shall be held if a regular annual electio n will occur within six47 months."48 SECTION 3.49 Said Act is further amended by repealing and reserving Section 3.04, relating to the Mayor's50 or recorder's court.51 SECTION 4.52 Said Act is further amended by adding a new article to read as follows:53 "ARTICLE III-A54 MUNICIPAL COURT55 SECTION 3A.01.56 Creation; name.57 There shall be a court to be known as the Municipal Court of the City of Oglethorpe.58 H. B. 789 - 3 - 25 LC 47 3456/AP SECTION 3A.02.59 Chief judge; other judges.60 (a) The municipal court shall be presided over by a chief judg e and such part-time,61 full-time, or stand-by judges as shall be provided by ordinance.62 (b) No person shall be qualified or eligible to serve as a jud ge on the municipal court63 unless that person shall have attained the age of 21 years and shall possess all qualifications64 required by law. All judges shall be appointed by the city council and shall serve until a65 successor is appointed and qualified.66 (c) Compensation of the judges shall be fixed by ordinance.67 (d) Judges shall serve a term and may be removed as provided by general law.68 (e) Before assuming office, each judge shall take an oath, giv en by the mayor, that the69 judge will honestly and faithfully discharge the duties of the office to the best of that70 person's ability and without fear, favor, or partiality. The o ath shall be entered upon the71 minutes of the city council.72 SECTION 3A.03.73 Convening.74 The municipal court shall be convened at regular intervals as provided by ordinance.75 SECTION 3A.04.76 Jurisdiction; powers.77 (a) The municipal court shall have jurisdiction and authority to try and punish violations78 of this charter, all city ordinances, and such other violations as provided by law.79 H. B. 789 - 4 - 25 LC 47 3456/AP (b) The municipal court shall have authority to punish those in its presence for contempt,80 provided that such punishment shall not exceed ten days in jail and a fine as authorized by81 law.82 (c) The municipal court may fix punishment for offenses within its jurisdiction not83 exceeding a fine of $1,000.00 or imprisonment for 180 days or b oth such fine and84 imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as85 now or hereafter provided by law.86 (d) The municipal court shall have authority to establish a schedule of fees to defray the87 cost of operation, and shall be entitled to reimbursement of th e cost of meals,88 transportation, and caretaking of prisoners bound over to superior courts for violations of89 state law.90 (e) The municipal court shall have authority to establish bail and recognizances to ensure91 the presence of those charged with violations before said court, and shall have discretionary92 authority to accept cash or personal or real property as surety for the appearance of persons93 charged with violations. Whenever any person shall give bail for that person's appearance94 and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge95 presiding at such time, and an execution issued thereon by serving the defendant and the96 defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In97 the event that cash or property is accepted in lieu of bond for security for the appearance98 of a defendant at trial, and if such defendant fails to appear at the time and place fixed for99 trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or100 the property so deposited shall have a lien against it for the value forfeited which lien shall101 be enforceable in the same manner and to the same extent as a lien for city property taxes.102 (f) The municipal court shall have the same authority as super ior courts to compel the103 production of evidence in the possession of any party; to enforce obedience to its orders,104 judgments, and sentences; and to administer such oaths as are necessary.105 H. B. 789 - 5 - 25 LC 47 3456/AP (g) The municipal court may compel the presence of all parties necessary to a proper106 disposal of each case by the issuance of summonses, subpoenas, and warrants which may107 be served as executed by any officer as authorized by this charter or by law.108 (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest109 of persons charged with offenses against any ordinance of the city, and each judge of the110 municipal court shall have the same authority as a magistrate of the state to issue warrants111 for offenses against state laws committed within the city.112 SECTION 3A.05.113 Rules for court.114 With the approval of the city council, the judge shall have full power and authority to make115 reasonable rules and regulations necessary and proper to secure the efficient and successful116 administration of the municipal court; provided, however, that the city council may adopt117 in part or in toto the rules and regulations applicable to muni cipal courts. The rules and118 regulations made or adopted shall be filed with the city clerk and shall be available for119 public inspection.120 SECTION 3A.06.121 Petitions for review.122 The right to seek petitions for review from the decision and ju dgment of the municipal123 court shall exist in all criminal cases and ordinance violation cases, and such petitions shall124 be made to the Superior Court of Macon County under the laws of the State of Georgia125 regulating appeals to the superior courts."126 H. B. 789 - 6 - 25 LC 47 3456/AP SECTION 5.127 This Act shall become effective on July 1, 2025.128 SECTION 6.129 All laws and parts of laws in conflict with this Act are repealed.130 H. B. 789 - 7 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. House Bill 789 rewrites parts of the City of Oglethorpe's charter, covering zoning hearings, the mayor pro tem's role, how council vacancies are filled, and setting up a formal municipal court. ### Plain-language summary 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Passed (2025-05-13) - Last action: Effective Date 2025-07-01 (2025-05-13) - Sponsors: Patty Stinson - Official page: https://www.legis.ga.gov/legislation/71411 > The history, votes, and amendments (885 characters) are at https://georgiacommons.org/bills/2025-2026/hb789.md?full=1