HB355: HB355 Doraville, City of; office of councilmember or mayor; filling vacancies; provide

25 LC 61 0060/AP House Bill 355 (AS PASSED HOUSE AND SENATE) By: Representative Tran of the 80th A BILL TO BE ENTITLED AN ACT To amend an Act to reincorporate the City of Doraville in the County of DeKalb, approved1 October 13, 1971 (Ga. L. 1971, Ex. Sess. p. 2154), as amended, so as to provide for the2 filling of vacancies in the office of councilmember or mayor; to provide for related matters;3 to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 An Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13,7 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, is amended by revising Section 2.05 as8 follows:9 "Section 2.05.10 Vacancy in the office of councilmember or mayor.11 (a) Be it further enacted, that a vacancy shall exist if a cou ncilmember or the mayor12 resigns, dies, moves his or her residence from the city, or is absent from four consecutive13 regular meetings of the governing authority, except if granted a leave of absence by the14 H. B. 355 - 1 - 25 LC 61 0060/AP council, which leave shall be entered upon the minute books; or if he or she is adjudged15 incompetent or is convicted of malfeasance in office, or of a f elony, or any violation of16 election laws.17 (b) If fewer than 12 months remain in the unexpired term of the vacated council seat, the18 mayor shall appoint a successor to serve for the remainder of s uch term subject to the19 approval of the majority of the remaining councilmembers. If more than 12 months remain20 in the unexpired term of the vacated council seat, the vacated seat shall be filled for the21 unexpired term at the next available special election date. Such special election shall be22 called and held in the manner prescribed by Chapter 2 of Title 21 of the O.C.G.A., the23 'Georgia Election Code,' as it now exists or may hereafter be amended.24 (c) In the event a vacancy should occur in the office of the m ayor, the vacancy shall be25 filled at the next available special election date. Such special election shall be called and26 held in the manner prescribed by Chapter 2 of Title 21 of the O .C.G.A., the 'Georgia27 Election Code,' as it now exists or may hereafter be amended."28 SECTION 2.29 All laws and parts of laws in conflict with this Act are repealed.30 H. B. 355 - 2 -