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 DeKalb County
 Code of Ordinances
 ORGANIZATIONAL ACT

  § 6. Vacancies.  

Latest version.

  • (a)

    Vacancies on the commission and in the office of chief executive occurring by reason of death, resignation, removal from the county or from the district from which elected or for any other reason shall be filled as provided in this section.

    (b)

    In the event a vacancy occurs on the commission or in the office of chief executive when at least one hundred eighty (180) days remain in the unexpired term of office, the election superintendent of DeKalb County, within fifteen (15) days after the vacancy occurs, shall issue the call for a special election to fill such vacancy for the unexpired term. Such special election shall be held not less than twenty-nine (29) nor more than forty-five (45) days after the issuance of the call, and shall be held and conducted in accordance with the provisions of Code Title 34, known as the "Georgia Election Code" [O.C.G.A. § 21-2-1 et seq.], as now or hereafter amended. If the vacancy is in the office of the chief executive, the presiding officer of the commission shall exercise the powers and duties of the chief executive, except as provided in subsection (e) of this section, for the period beginning on the date the vacancy occurs and ending when the successor chief executive takes office for the unexpired term following the special election provided for herein.

    (c)

    In the event a vacancy occurs in the office of chief executive when less than one hundred eighty (180) days remain in the unexpired term of office, the presiding office of the commission shall exercise the powers and duties of the chief executive, except as provided in subsection (e) of this section, for the unexpired term.

    (d)

    In the event a vacancy occurs on the commission when less than one hundred eighty (180) days remain in the unexpired term of office, the remaining members of the commission shall appoint a qualified person to fill such vacancy for the unexpired term. Any person appointed by the commission to fill a vacancy as provided herein shall possess the residency and other qualifications required for the office.

    (e)

    If the presiding officer of the commission exercises the powers of chief executive pursuant to subsections (b) and (c) of this section, the person serving as the chief executive in either case shall not be authorized to discharge the executive assistant. A presiding officer serving as chief executive shall not be authorized to vote as a member of the commission during such service.

(Acts 1981, p. 4304, § 1)