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Call Now: 904-383-7448This chapter shall be known and may be cited as the "Recall Act of 1989."
(Code 1981, §21-4-1, enacted by Ga. L. 1989, p. 1721, § 1.)
- Vacation of office, Ch. 5, T. 45.
- A city commissioner's removal from office, based on acts committed prior to taking office, was erroneous because: (1) removal was not authorized by the city's charter; (2) the commissioner's conduct of maintaining innocence until the entry of a guilty plea after taking office was not an official act or one done under the color of the office; and (3) the acts committed did not prevent the commissioner from performing the duties of that post. Moreover, while the acts committed did not subject the commissioner to removal pursuant to the terms of the city charter, the acts would have been more appropriately the subject of a recall petition pursuant to O.C.G.A. § 21-4-1 et seq. Ciccio v. City of Hephzibah, 289 Ga. App. 134, 656 S.E.2d 245 (2008), cert. denied, 2008 Ga. LEXIS 474 (Ga. 2008).
Cited in Hunter v. George, 265 Ga. 573, 458 S.E.2d 830 (1995).
- Validity, under state constitutions, of private shopping center's prohibition or regulation of political, social, or religious expression or activity, 52 A.L.R.5th 195.
Sufficiency of particular charges as affecting enforceability of recall petition, 114 A.L.R.5th 1.
Sufficiency of technical and procedural aspects of recall petitions, 116 A.L.R.5th 1.
Constitutionality of state and local recall provisions, 13 A.L.R.6th 661.
Total Results: 12
Court: Supreme Court of Georgia | Date Filed: 2000-09-11
Citation: 533 S.E.2d 724, 272 Ga. 730, 2000 Fulton County D. Rep. 3537, 2000 Ga. LEXIS 632
Snippet: Although not defined in the Recall Act of 1989, OCGA § 21-4-1 et seq., the meaning of the term "probable cause"
Court: Supreme Court of Georgia | Date Filed: 1998-01-26
Citation: 269 Ga. 9, 494 S.E.2d 656, 98 Fulton County D. Rep. 325, 1998 Ga. LEXIS 48
Snippet: supra. The rationale for the Recall Act, OCGA § 21-4-1 et seq., is “the insurance of governmental accountability
Court: Supreme Court of Georgia | Date Filed: 1998-01-26
Citation: 495 S.E.2d 23, 269 Ga. 75, 98 Fulton County D. Rep. 329, 1998 Ga. LEXIS 27
Snippet: absolute immunity under OCGA § 51-5-8. See OCGA §§ 21-4-1 to 21-4-21. OCGA § 21-4-5. OCGA § 21-4-5
Court: Supreme Court of Georgia | Date Filed: 1995-11-13
Citation: 265 Ga. 858, 463 S.E.2d 124
Snippet: affirmed. All the Justices concur. OCGA § 21-4-1 et seq. See Hunter v. George, 265 Ga. 573 (458
Court: Supreme Court of Georgia | Date Filed: 1995-07-14
Citation: 458 S.E.2d 830, 265 Ga. 573
Snippet: with certain provisions of the Recall Act, OCGA §§ 21-4-1 et seq., Councilmen sought an interlocutory and
Court: Supreme Court of Georgia | Date Filed: 1994-01-24
Citation: 438 S.E.2d 896, 263 Ga. 734, 94 Fulton County D. Rep. 319, 1994 Ga. LEXIS 52
Snippet: the constitutionality of the Recall Act, OCGA § 21-4-1 et seq. The superior court upheld the constitutionality
Court: Supreme Court of Georgia | Date Filed: 1993-01-08
Citation: 424 S.E.2d 277, 262 Ga. 658, 93 Fulton County D. Rep. 159, 1993 Ga. LEXIS 69
Snippet: Recall Act of 1989, as amended in 1991 (OCGA § 21-4-1 et seq.) (the "Recall Act"). Each of the applications
Court: Supreme Court of Georgia | Date Filed: 1992-05-28
Citation: 416 S.E.2d 732, 262 Ga. 279, 92 Fulton County D. Rep. 758, 1992 Ga. LEXIS 429
Snippet: under the Recall Act of 1989 as amended (OCGA § 21-4-1 et seq.) was filed against a county school board
Court: Supreme Court of Georgia | Date Filed: 1991-11-01
Citation: 409 S.E.2d 652, 261 Ga. 644, 19 Media L. Rep. (BNA) 1605, 1991 Ga. LEXIS 871
Snippet: Petitions under the Recall Act of 1989 (OCGA § 21-4-1 et seq.) were filed against two county commissioners
Court: Supreme Court of Georgia | Date Filed: 1990-06-08
Citation: 392 S.E.2d 8, 260 Ga. 245
Snippet: Par. IX; Art. II, Sec. II, Par. IV; and OCGA § 21-4-1 et seq. Due to the statutory time limits imposed
Court: Supreme Court of Georgia | Date Filed: 1988-10-06
Citation: 372 S.E.2d 432, 258 Ga. 608, 1988 Ga. LEXIS 411
Snippet: Assembly enacted a recall statute in 1979. OCGA § 21-4-1 et seq. The statute does not specify grounds for
Court: Supreme Court of Georgia | Date Filed: 1988-06-30
Citation: 369 S.E.2d 481, 258 Ga. 364, 1988 Ga. LEXIS 281
Snippet: interests inherent in the recall procedure. OCGA § 21-4-1 et seq. The rationale for the statute is the insurance