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HB 1246

Clayton, City of; provide new charter

2025-2026 Regular Session Introduced by Victor Anderson

The bill replaces Clayton’s incorporation with a full council-manager charter granting broad self-government powers, a professional city manager, a municipal court, and structured

Effective Date
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Bill Summary · HB 1246

Summary of HB 1246 (2025-26, Georgia) – City of Clayton: Provide New Charter

HB 1246 proposes a comprehensive new charter to reincorporate the City of Clayton, delineate its boundaries, powers, governmental structure, and administrative framework. The bill lays out the city’s form of government, officer roles, elections, budgeting, fiscal management, and judicial framework (municipal court), along with transition and repeal provisions. It is a complete charter replacement, repealing prior incorporations and conflicting laws.

Key points by topic

Purpose and intent

  • Create a new, operating charter for the City of Clayton to reincorporate the city as a municipal corporation with defined boundaries, powers, and governance.
  • Establish a council-manager form of government with clear separation between policy setting (council) and administration (city manager).
  • Provide a comprehensive framework for ordinances, budgets, taxation, public services, and municipal courts.

Major structural provisions

  • Form of Government

    • Government type: Council-manager.
    • City council is responsible for policy and ordinances; the city manager handles day-to-day administration and implementation of policies.

  • Officials and Terms

    • Mayor and city council members serve four-year terms.
    • Residency requirement: candidates must have been residents for 12 months prior to election and reside during service.
    • Mayor has voting rights only to break ties; otherwise acts as ceremonial head and executive with powers defined in the charter.
    • Mayor pro tem designated at the first regular January meeting; acts as mayor in absence, with one vote.

  • Elections and Vacancies

    • Regular elections held on the Tuesday after the first Monday in November for councilmembers and mayor when appropriate.
    • Elections governed by Georgia election code; nonpartisan city elections (no party primaries).
    • Vacancies filled by council appointment if less than 12 months remain; otherwise filled by a special election.

  • Meetings, Procedures, and Elections

    • Regular and special meetings governed by ordinance; open meetings; rules of procedure (Robert’s Rules of Order).
    • Quorum: mayor or mayor pro tem plus three councilmembers.
    • Ordinances require majority support (minimum 4 votes) for adoption, with mayoral veto power subject to override.

Powers and comprehensive authorities (Article I)

  • General Powers

    • City has broad self-government powers unless prohibited by charter or state law.
    • Powers construed liberally in favor of the city; understandings of powers not enumerated are preserved.

  • Examples of Powers (non-exhaustive list)

    • Administrative: budgeting, contracting, purchasing, formation of departments/boards, bonding, debt management.
    • Regulatory: building codes, zoning, health and sanitation, animal control, public safety, traffic, nuisance abatement, environmental protection.
    • Public services and infrastructure: utilities (water, sewer, gas, electricity, telecommunications), public transportation, streets, sidewalks, parks, libraries, airports, cemeteries, and other public facilities.
    • Taxation and fees: property taxes, license fees, occupation taxes, franchise taxation, user fees, sanitary/health service charges, special assessments, and other permitted municipal revenues.
    • Eminent domain: power to condemn for public improvements with due process under applicable law.
    • Public improvements and redevelopment: planning, urban redevelopment, and related financing.

  • Administrative Setup

    • City manager as chief operating officer; appointment, compensation, and removal procedures described.
    • City attorney appointment and independence (as an in-house/contracted attorney; may be a law firm).
    • City clerk and personnel policies; at-will employees unless otherwise provided.
    • Boards, commissions, and authorities: appointment procedures, ex officio manager membership, removal with cause, and officer duties.

Administrative and fiscal provisions (Articles VI & III)

  • Budget and Finances

    • Annual balanced budget; budget officer and fiscal planning responsibilities assigned to the city manager.
    • Independent annual audit by a CPA; public availability of audit reports.
    • Capital improvements plan and capital budget; detailed appropriation process; two-stage budget and appropriation control.
    • Debt: authority to issue general obligation and revenue bonds; short-term loans with year-end repayment requirements.

  • Taxation and Fees

    • Property tax authority; millage rates, due dates, and payment methods.
    • Licensing, occupation taxes, franchise taxes, utility charges, and other fees allowed under state law.
    • Special assessments and sanitary/health service charges with lien rights similar to ad valorem taxes.
    • Franchises on streets/alleys: terms, compensation, and registration; franchise duration capped at 30 years.

Municipal court (Article IV)

  • Establishment of the Municipal Court of Clayton
    • Chief judge and additional judges; appointment by city council; qualifications per state law.
    • Oath and duties; jurisdiction comparable to local mayor/recorder/police court authorities; ability to issue warrants, set fines, and handle charges under city/state law.
    • Appeals: petitions for review to Rabun County Superior Court.

Elections, removal, and transitional provisions (Articles V & VII)

  • Removal and Recall

    • Grounds for removal include misfeasance/malfeasance, moral turpitude crimes, non-qualification, willful charter prohibition violations, abandonment, or failure to perform duties.
    • Removal mechanisms include two-thirds city council vote, superior court action, or recall per Georgia law.

  • Transition and Repeals

    • Repeals prior acts incorporating Clayton; existing ordinances and department regulations continue only to the extent consistent with the new charter.
    • A transition ordinance will address personnel and appointment changes during the initial period.

Effective date and review

  • Charter is presented as a comprehensive, new framework for Clayton; ongoing charter review mandated at least every ten years.

Potential impact and who is affected

  • City government: Establishes a full municipal framework, including a professional city manager, an elected council, a mayor, and a municipal court. Creates new processes for budgeting, purchasing, contracting, and service delivery.
  • Residents and taxpayers: Sets up tax authority (property, license, franchise, utility charges) and new public services (utilities, transportation, sanitation, parks, libraries). Establishes fiscal accountability through audits and budget processes.
  • Businesses and developers: Provides a regulatory environment (city planning, zoning, building codes, licensing) and streamlined contracting/purchasing rules.
  • Property owners: Potential assessments, franchise fees, and utility charges with corresponding lien rights; ability to participate in capital improvement programs and redevelopment initiatives.
  • Legal/judicial: Creates a municipal court with defined jurisdiction and appeal pathways to superior court.

Note on complexity

  • The bill is a comprehensive charter; readers should consider cross-referencing with Georgia state law and the Georgia Constitution for specific constraints and implementation timelines. The act includes transitional provisions for moving from the prior incorporation framework to the new charter structure.

Compiled from official sources — confirm details with the bill’s official record.

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