Current through 2023-2024 Legislative Session Chapter 709
Section 36-70-25.3 - [Effective 1/1/2026] Judicial resolution of certain disputes(a) As used in this Code section, the term "participating local government" means: (1) Any county that completed the mediation process required by Code Section 36-70-25.1 and requested or participated in non-binding arbitration pursuant to Code Section 36-70-25.2; and(2) Any municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section 36-70-25 that completed the mediation process required by Code Section 36-70-25.1 and requested or participated in non-binding arbitration pursuant to Code Section 36-70-25.2.(b) Subsequent to the completion of the mediation process required by Code Section 36-70-25.1 and non-binding arbitration, if any, requested pursuant to Code Section 36-70-25.2, a participating local government with outstanding disagreements related to the service delivery strategy may petition the superior court of the county to resolve such disagreements. Such petition shall be assigned pursuant to Code Section 15-1-9.1 or Code Section 15-6-13 to a judge who is not a judge in the circuit in which the county is located and is a senior judge under Code Section 15-1-9.2.(c) The assigned judge shall conduct one or more evidentiary hearings as he or she determines are necessary and render a decision with regard to the disputed items. In rendering the decision, such judge shall consider the required elements of a service delivery strategy and seek to satisfy the intent of this article as provided in Code Section 36-70-20.(d) Evidence presented as part of the judicial process established by this Code section shall be limited to: (1) Information included in the written proposals required by Code Section 36-70-22.1;(2) Written documentation associated with the required mediation conducted pursuant to Code Section 36-70-25.1; and(3) The decision or final report issued with respect to any nonbinding arbitration conducted pursuant to Code Section 36-70-25.2.(e) The assigned judge shall be authorized to utilize the power of contempt to obtain compliance with the decision rendered pursuant to this Code section.Added by 2024 Ga. Laws 698,§ 1, eff. 1/1/2026.