Under Georgia law millage rate caps are permissible but they may be removed by a city under its home rule powers per a 1983 Attorney General’s (Democrat) unofficial opinion.
The Charter Commission recommendation is not necessary if a majority of the council wants to take this action. This appears to be an end run so the council doesn’t have to vote on this potential unlimited millage rate.
The cap was put in as a check on this type action. Any recommendations by the Charter Commission must be approved by the General Assembly, and I don’t see a Republican majority in favor of raising property taxes. By the way, the revenue the city gets from Perimeter Mall is property tax, not sales tax from stores, and the property value of the mall isn’t going down anytime soon so that is no reason to take this action.
Fran Millar, Former state senator, District 40, Dunwoody