25 LC 44 3047
Senate Bill 210
By: Senator James of the 28th
A BILL TO BE ENTITLED
AN ACT
To amend an Act creating the Board of Commissioners of Douglas County, approved
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February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved2
February 25, 1991 (Ga. L. 1991, p. 3501), so as to change provisions relating to filling of3
vacancies on the board of commissioners; to provide for related matters; to repeal conflicting4
laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
An Act creating the Board of Commissioners of Douglas County, approved February 15,8
1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved February 25, 19919
(Ga. L. 1991, p. 3501), is amended by revising Section 6 as follows:10
"SECTION 6.11
Should a vacancy occur upon said board by resignation, removal, death, or otherwise,12
except by recall as provided by state law, such vacancy shall be filled as follows:13
(1) If the vacancy is a temporary vacancy:14
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(A) A temporary vacancy of the chairperson shall be filled by a majority vote of the
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elected members of the board. All other temporary vacancies on the board shall be16
filled by a majority vote of the elected members of the board after an application and17
nomination process, as follows:18
(i) The county clerk shall advertise on the county's public website and in the county19
legal organ, once per week for a period of two weeks, the board's intention to fill the20
vacancy, instructions for submitting an application to be nominated to fill the21
vacancy, and deadlines for submitting such application. The county clerk shall22
provide each elected member of the commission with a copy of each submitted23
application;24
(ii) At the next regular meeting or specially called meeting of the board after the25
application deadline, the county clerk shall present the submitted applications to the26
board and the board may accept additional nominations to fill the vacancy; and27
(iii) At such meeting, a vote shall be taken by the elected members of the board to fill28
the vacancy from the qualified applicants and nominees; and29
(B) No person shall be elected pursuant to subparagraph (A) of this paragraph who:30
(i) Does not meet the residency requirement for the vacant position as of the date of31
submitting an application;32
(ii) Has pending litigation against the county;33
(iii) Has been convicted of a felony or has a pending indictment for a felony; or34
(iv) Does not:35
(I) Certify his or her political party or political body affiliation through his or her36
respective political party or political body; or37
(II) State in his or her application that he or she is unaffiliated with any political38
party or political body.39
(2) If the vacancy is a permanent vacancy:40
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(A) In the event that the unexpired term of the vacant position is six months or less, the
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chief judge of the Superior Court of Douglas County shall appoint a successor to serve42
for the remainder of such term; or43
(B) In the event that the unexpired term of the vacant position is more than six months,44
the vacancy shall be filled at the next available special election date. Such special45
election shall be called and held in the manner prescribed by Chapter 2 of Title 21 of46
the O.C.G.A., the 'Georgia Election Code.'47
(3) No person shall be appointed or elected to fill a vacancy who does not meet the48
qualifications necessary to qualify for election as a commissioner.49
(4) Persons elected or appointed to fill a vacancy shall take the same oath of office and50
receive the same compensation as elected commissioners."51
SECTION 2.52
This Act shall become effective upon its approval by the Governor or upon its becoming law53
without such approval and shall apply to any vacancy occurring on or after the effective date54
of this Act.55
SECTION 3.56
All laws and parts of laws in conflict with this Act are repealed.57
S. B. 210
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