HB1246: HB1246 Clayton, City of; provide new charter

The City of Clayton, Georgia has operated under a charter dating back to 1909. This bill repeals that charter entirely and replaces it with a modern one that spells out the city's boundaries, powers, and governing structure in detail. The new charter sets up a council-manager form of government, where the city council sets policy and a hired city manager runs day-to-day operations. It lays out four-year terms for the mayor and council, rules for filling vacancies and removing officials, how ordinances and emergency ordinances are passed, and how the mayor can veto council actions. It also creates a municipal court, spells out tax and bonding powers, budgeting procedures, and a general penalty of up to a $1,000 fine or 12 months in jail for charter violations without a specific penalty. The charter also repeals the 1909 Act and any conflicting laws, and requires the council to review the charter at least once every ten years.

• Repeals the City of Clayton's 1909 charter and all its amendments and reincorporates the city under a new charter (Section 7.19).
• Establishes a council-manager government where the council sets policy and an appointed city manager handles administration (Section 2.10).
• Sets four-year terms for the mayor and council members and residency requirements of 12 months before election (Section 2.11).
• Creates a Municipal Court of the City of Clayton with a chief judge, defines its jurisdiction, and allows appeals to the Superior Court of Rabun County (Article IV).
• Gives the city council authority to levy property taxes, license fees, franchise fees, and special assessments, and to issue general obligation and revenue bonds (Article VI).
• Sets a default penalty of up to a $1,000 fine or 12 months imprisonment for violating any part of the charter without its own specific penalty (Section 7.13).

The bill affects everyone living in or doing business in the City of Clayton, including the mayor, city council members, the city manager, city employees, municipal court defendants, taxpayers, utility customers, franchise holders such as telecommunications and gas companies, and board and commission members appointed by the city.

Because this charter replaces a more than century-old document, it changes the basic rules Clayton residents and officials operate under: how taxes and fees are set, how council members are elected or removed, how the mayor can veto ordinances, and how the local court handles cases. These changes shape everyday governance, budgeting, and legal proceedings in the city.

• Article I (Sections 1.10-1.14) reincorporates the city, defines its boundaries, and grants it broad general powers plus 40 specific example powers, from zoning to utility regulation.
• Article II sets up the council-manager government, four-year terms, vacancy-filling procedures, council meeting and voting rules, and the mayor's veto power over ordinances (Sections 2.10-2.32).
• Article III covers administrative departments, boards and commissions, the city attorney, personnel policies, and the city clerk (Sections 3.10-3.15).
• Article IV creates the Municipal Court of Clayton, describes judge qualifications and terms, and defines the court's jurisdiction over ordinance and nuisance cases (Sections 4.10-4.15).
• Article V governs elections, including nonpartisan elections held under the Georgia Election Code, and lists six grounds for removing an elected official, including moral turpitude convictions (Sections 5.10-5.15).
• Article VI grants taxing, bonding, budgeting, and contracting powers, including a millage rate set by ordinance and an annual independent audit requirement (Sections 6.10-6.33).
• Section 7.13 sets a default penalty of a fine up to $1,000 or up to 12 months in jail for charter violations lacking a specific penalty.
• Section 7.19 repeals the City of Clayton's original 1909 charter Act and all amendments to it, replacing it entirely with this new charter.

1. 2026-05-11Effective Date 2026-05-11
2. 2026-05-11Act 553
3. 2026-05-11House Date Signed by Governor (House)
4. 2026-04-06House Sent to Governor (House)
5. 2026-02-24Senate Passed/Adopted (Senate)
6. 2026-02-24Senate Committee Favorably Reported (Senate)
7. 2026-02-18Senate Read and Referred (Senate)
8. 2026-02-17House Passed/Adopted (House)

• Victor Anderson (R, HD-010)Primary sponsor

1. PassedHouse voteFebruary 17, 2026

   163 yea, 1 nay (7 not voting, 4 absent)

   Local Calendar : House Vote #513

2. PassedSenate voteFebruary 24, 2026

   53 yea, 0 nay (1 not voting, 1 absent)

   Local Consent Calendar: Senate Vote #571

• city charters
• local government
• Clayton Georgia
• municipal court
• city council powers