This following information is provided for general informational purposes only, does not constitute legal advice, and may not apply to your specific situation. Municipal officials should consult with their city attorney before taking any action based on the content of this publication.

Suspension from Office

If a local elected official is indicted by a grand jury, Georgia law provides a procedure whereby elected officials may be suspended from office by the governor upon recommendation of a special commission. The duty of the special commission is to determine if the indictment relates to and adversely affects the administration of the office of the indicted official. If the official is suspended, a temporary replacement is appointed by the governor unless the applicable charter provides for some other means for filling temporary vacancies. If the indicted official is acquitted or a nolle prosequi is entered, the official is to be immediately reinstated to his or her position^.1

Removal from Office

Upon initial conviction of a public official for any felony, whether or not the official was suspended under the procedures described above, such official is immediately and without further notice suspended from office and a replacement official is named to fill the vacancy created by the suspension according to the local or general law applicable to the position.²

Recall by Electors

A public official may be subject to recall by the electors pursuant to the provisions of the Recall Act of 1989.³ The grounds for recall enumerated in the statute are as follows:

(A) That the official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public; and

(B) That the official:

(i) Has committed an act or acts of malfeasance while in office

(ii) Has violated his or her oath of office

(iii) Has committed an act of misconduct in office

(iv) Is guilty of a failure to perform duties prescribed by law, or

(v) Has willfully misused, converted, or misappropriated, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed.⁴

End Notes

¹ O.C.G.A. §§ 45-5-6, 45-5-6.1
² O.C.G.A. §§ 45-5-6, 45-5-6.1
³ O.C.G.A. § 21-4-1 et seq.
⁴ O.C.G.A. § 21-4-3(7)