Buckhead cityhood could have ‘unforeseen outcomes,’ Kemp’s office says

ATLANTA, Ga. (Atlanta News First) - A memo from Gov. Brian Kemp’s executive counsel has cast serious doubts on the constitutionality of two bills now before the state Senate that would create a metro Atlanta city of Buckhead.

“Considering our present advanced position as a state, Senate Bill 113 and 114 demand evaluation for the unique constitutional and statutory challenges they pose to the skin of the body politic,” wrote David Dove in a Feb. 28, 2023, memo, first reported by the Atlanta Journal Constitution, to state Sens. Mike Hodges (R-Brunswick) and Bo Hatchett (R-Cornelia), Kemp’s Senate floor leaders. “Without thoughtful consideration, these bill, together, may retailor the cloth of governance for Georgia’s municipalities in ways that will ripple into a future of unforeseen outcomes.”

RELATED: New Buckhead city bills could ‘doom’ Atlanta public training facility project

Senate Bills 113 and 114 passed the Senate Committee on State and Local Governmental Operations on Monday, moving the possibility of secession one step closer to legislative approval.

Besides posting a number of tax and cityhood financing questions, Dove asked lawmakers, “Can proponents of Senate Bills 113 and 114 ensure students currently attending Atlanta Public Schools be able to remain in the Atlanta Independent School System and at the school they currently attend?”

Another question was, “If students are not able to remain in the Atlanta Independent School System, are Fulton County schools able and equipped to manage the influx of students that would then be added to their rolls?”

Senate Bill 114, sponsored by nine GOP state senators, is the latest effort to incorporate the community.

Last year, then-Lt. Gov. Geoff Duncan and then-Speaker David Ralston signaled they would not support a Buckhead cityhood measure.

RELATED: New Buckhead cityhood legislation filed in Georgia Senate

This year, however, both the House and Senate are under new leadership. Lt. Gov. Burt Jones won the lieutenant governorship last year when Duncan chose not to run for re-election. Ralston passed away last year, and state Rep. Jon Burns is the new speaker.

RELATED: More than 30 Buckhead businesses write letter to lawmakers to stop Buckhead City legislation

Crime continues to be a driving force behind the cityhood movement. However, last year, the Atlanta police department opened a new Buckhead precinct in the heart of the community’s business district.

In a statement to Atlanta News First last month right after the new Buckhead cityhood bills were filed, Bill White of the Buckhead City Committee thanked donors and volunteers for helping to get the new bill off the ground.

“All we are asking for is for the right to VOTE on our destiny this November (like so many cities have before us including the newly formed city of Mableton) and when successful implementing our plans that will vastly improve public safety & the quality of life for Buckhead residents, and ultimately for Atlanta & the entire metro ATL. We thank the thousands of donors, volunteers, and tens of thousands of voters and the real small businesses of Buckhead for their extraordinary support.”

FULL COVERAGE 2023 GEORGIA LEGISLATURE

If lawmakers vote to pass the bill, it would head for a public vote in November.

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