Committee advances bill to force Gwinnett County into transition talks with new City of Mulberry

A legislative committee voted to advance SB 138, moving the measure to the rules committee and setting up further consideration of a bill that would require Gwinnett County to enter intergovernmental agreements to transition municipal services to the newly formed City of Mulberry.

The bill sponsor, Sen. Dixon, told the committee the measure — filed as LC473385S — is "very narrowly tailored, to the city of Mulberry, which is a newly formed city, in Gwinnett County. And it has to do with, service delivery and intergovernmental agreements between the the city and the county." The vote to advance the bill passed after a motion by Rep. Martinez; the chair recorded one no vote but did not name the dissenting member.

Why it matters: Mulberry was created by a voter-approved charter that, according to testimony, includes a two-year transition period for moving services from Gwinnett County to the new city. City officials and residents say the county has delayed or refused to negotiate that transition, while county officials asked the committee to allow direct negotiations between the parties.

Sen. Dixon and supporters said the bill is intended to compel the county to negotiate a transition agreement after what supporters described as a lack of cooperation. "They would like to see the city, go bankrupt and be starved out of a better word," Sen. Dixon said of Gwinnett County's actions as he described the county's response to Mulberry's formation.

Gwinnett County attorney Mike Ludwisack asked the committee to permit the county and the city to finish a proposed intergovernmental agreement rather than imposing a legislative solution. "Allow the parties a brief amount of time to pursue this agreement to completion," Ludwisack said, saying his office sent a comprehensive proposed transition agreement to the Mulberry city attorney the day before the hearing.

The Association County Commissioners of Georgia, represented by Todd Edwards, urged caution about precedent and flagged concerns in the bill text about costs and sovereign immunity. Edwards told the committee his group was "not at all interested in getting involved with the intergovernmental relations, lack thereof, lawsuits," but said the bill raised questions, including over the definition of "actual cost" for police services and a clause he read that would waive county sovereign immunity in some circumstances: "the sovereign immunity of the county and the governmental immunity of all the county officials shall be waived." Edwards said that provision, as written, could set a concerning precedent.

Michael Coker, mayor of the City of Mulberry, described delays and specific problems he says resulted from the county's refusal to cooperate, including canceled permits and safety concerns. "At, about 12:04AM on New Year's Day, anyone who had a filed permit ... was effectively canceled," Coker said, adding that homeowners and developers were left without refunds. Coker said the city charter and the voters' decision require a two-year transition and that Mulberry's priority is citizen safety. "I feel like I'm in a mafia movie," he said, describing what he called obstructive conduct by county officials.

Committee action and next steps: A motion by Rep. Martinez to advance the bill was seconded (second not recorded on the transcript), the chair called the question, and the motion passed with one recorded no vote. The chair stated, "The motion, passes. Therefore, the bill does move further on to rules." No further committee-level amendments or detailed vote tallies were recorded in the transcript.

Context and outstanding issues: County legal staff said they began drafting a proposed intergovernmental agreement only after SB 138 was filed and transmitted that draft to the city attorney the day before the hearing. County testimony confirmed that the first detailed written statement of the county's understanding of transition requests arrived in the text of SB 138 itself. ACCG and the county attorney both urged negotiation between attorneys and parties; city officials said direct communication with county leadership had been limited or unsuccessful. Several committee members asked about permit fees and whether fees collected before Jan. 1, 2025, were retained by Gwinnett County; the county attorney said he believed that to be correct.

The bill as filed applies only to the City of Mulberry and Gwinnett County, according to testimony. With the committee vote, the measure advances to the rules committee for further consideration; committee members and witnesses indicated both ongoing negotiation and litigation remain possible before any final transfer of services.

Votes at a glance: - Motion to advance SB 138 to rules, motion made by Rep. Martinez; outcome: passed (one recorded no vote).