In what's shaping up to be a financial fracas between Gwinnett County and the nascent city of Mulberry, the county is pushing back against a state statute that could cost taxpayers dearly. Senate Bill 138, which governs the transition of services to the newly established city, has been met with vocal opposition from county officials. They argue the legislation not only burdens taxpayers with its mandates but also possibly strips away legal protections hitherto shielding the county's coffers and its employees.
Under the new law, detailed in a May 15th press release posted by Gwinnett County, there looms a threat over the county's sovereign immunity for a year if found non-compliant with certain provisions of the bill. While other counties take heed, proximity has placed Gwinnett in the immediate crosshairs of a legislation that officials believe could wreak havoc on the financial equilibrium between Mulberry and the wider Gwinnett community.
Gwinnett County has listed several onerous requirements of SB 138, which include the mandate that it maintain Mulberry's stormwater systems at no cost to Mulberry residents, and refunding the city for police service costs if tax revenue exceeds certain limits. What's more, the county objects to the elimination of a clause in the original city charter that would require Mulberry to reimburse the county for election-related expenses, hence transferring these costs to Gwinnett taxpayers. County Chairwoman Nicole Love Hendrickson voiced her concerns saying, "This commitment includes a responsibility to ensure that all of Gwinnett County’s residents and taxpayers, including those who live in Mulberry, are not unfairly burdened with costly, unworkable mandates."
The backdrop to this unfolding saga found the cityhood referendum for Mulberry narrowly approved in May 2024, with a marginal majority of the 24,581 registered voters catapulting the city into existence. After a gubernatorial appointment of a transition team and the city's failure to submit an intergovernmental agreement, tensions began to rise. In spite of Gwinnett County's attempts to negotiate a comprehensive service agreement and state-wide advocacy for a gubernatorial veto, May 2025 saw the contested SB 138 become the law of the land. The county, standing firm on its commitment to equitable governance, now plans to challenge the controversial elements of the law in court.
The dispute has earned the attention of the Association of County Commissioners of Georgia (ACCG), which joined Gwinnett County in opposing the bill. As mentioned in Gwinnett County's public statement, "This new law potentially removes the benefit of sovereign immunity from all Gwinnett County taxpayers, setting a dangerous precedent for other counties across the state of Georgia." This legal contention marks a pivotal moment for Gwinnett and carries implications that could resonate with other jurisdictions looking to balance local autonomy with regional responsibility.
