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2018 Georgia Code 45-5-6.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 45-5-6.1 Case Law from Google Scholar Amendments to OCGA 45-5-6.1

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 5. Vacation of Office, 45-5-1 through 45-5-7.

ARTICLE 2 COMMISSIONS

45-5-6.1. Suspension and vacation of office of public officials convicted of felony.

  1. As used in this Code section, the term "public official" means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any solicitor-general of a state court; any elected member of any municipal governing authority; any member of the Public Service Commission; and any district attorney.
  2. Upon initial conviction of any public official for any felony in a trial court of this state or the United States, regardless of whether the public official has been suspended previously under Code Section 45-5-6, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Code section, he shall not be entitled to receive the compensation from his office. If the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he was suspended and shall be entitled to receive any compensation withheld under the provisions of this Code section.
    1. For the duration of any suspension of any elected member of any municipal or consolidated city-county governing authority under this Code section, a replacement officer for the public officer suspended shall be appointed as provided for in any general law, local law, ordinance, or resolution governing the filling of a temporary vacancy in the public office affected. For the duration of any suspension of any other public official under this Code section, a replacement officer for the public official shall be appointed as provided for in any applicable general or local law governing the filling of a temporary vacancy in the public office affected. If no such general law, local law, ordinance, or resolution governing the filling of a temporary vacancy is applicable, then the Governor shall appoint a replacement officer for the public official suspended.
    2. Upon the final conviction, the office of the public official shall be vacated immediately without further action. Said vacancy shall be filled in the manner provided by law for filling vacancies in such office.
  4. The provisions of this Code section shall not apply to any conviction rendered prior to January 1, 1987.

(Code 1981, §45-5-6.1, enacted by Ga. L. 1986, p. 600, § 3; Ga. L. 1996, p. 748, § 26.)

RESEARCH REFERENCES

ALR.

- What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office, 11 A.L.R.5th 52.

Cases Citing O.C.G.A. § 45-5-6.1

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Roberts v. Deal, 723 S.E.2d 901 (Ga. 2012).

Cited 7 times | Published | Supreme Court of Georgia | Mar 19, 2012 | 290 Ga. 705, 2012 Fulton County D. Rep. 952

...oards of education within the ambit of ethics legislation. See, e.g., OCGA § 21-5-3(22)(F) (Specifying "every elected member of a local board of education" as a "public officer" for purposes of the "Ethics in Government Act."); OCGA §§ 45-5-6(a); 45-5-6.1(a) (Specifying members of "county, area, or independent board[s] of education" as falling under the procedures for suspension from office upon indictment, and removal upon conviction.) [7] While Appellees argue that administrative removal of...