Clayton County Commission Chairman Eldrin Bell is asking the school board to remove Norreese Haynes from the board Monday night because he is not a resident of the county.

A Clayton County police investigation revealed Haynes has lived in Marietta for the past two years.

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"I am publicly calling on the Clayton County board of education to act immediately at its board meeting Monday night to remove Norreese Haynes from the District 8 seat on the school board," Bell said Saturday. "He is clearly not a legal resident of Clayton County and therefore not legally serving on the school board."

State law says school board members must live in the county they serve. The law also allows school boards the authority to remove anyone who no longer lives in the county, Bell said. If Haynes is removed, the county would have to hold a special election to fill the vacated seat.

Bell said he has consulted with representatives from the legislature, governor's office, secretary of state's office and Southern Association of Colleges and Schools, and also with attorneys, and found that Haynes can be removed.

But the only way the board could remove Haynes on Monday is if all nine members — including Haynes — agree to consider it. Under a new policy, the only way new items can be added to the agenda is if they are unanimously approved, school board attorney Dorsey Hopson said.

Haynes said he will not resign.

"First of all, I have absolutely no respect for Eldrin Bell," Haynes wrote in a statement Saturday. "Who is Eldrin Bell but a commissioner in Clayton County who has a past so speckled that he looks like a Dalmatian dog?"

Haynes said his official residence is in Clayton, but he stays in Marietta while attending classes at the University of Phoenix.

Investigators learned about Haynes' Cobb County residence after Marietta Police arrested him in December on charges of simple battery after he allegedly slapped, pushed and strangled a man who told police he was Haynes' live-in boyfriend. Haynes said he acted in self-defense.

On Friday, Haynes pleaded not guilty and requested a jury trial.

"Further beyond the residency issue, the facts and circumstances surrounding his recent arrest in Cobb County calls into great question his fitness to serve on the county board and represent our county children," Bell said.

Bell said Haynes could also face charges for falsifying legal documents.

A rental agreement shows Haynes began paying $850 a month to rent an apartment in the 1800 block of Almach Court in north Clayton on Feb. 25.

Prior to that, Haynes said he lived on Starr Road in Morrow. However, a woman who lives at the Starr Road home signed a police statement saying Haynes has "never physically slept" there.

School board chairwoman Ericka Davis declined to comment. Bell said the school board must act quickly because SACS' national board is scheduled to vote on the 52,800-student district's accreditation March. 15.

"One way or the other, the county board of education is going to send a signal to SACS Monday night," Bell said. "They have an opportunity to send a positive signal by removing Mr. Haynes or a negative signal by doing nothing. It is time to act without delay."

SACS has recommended Clayton schools' accreditation be revoked effective Sept. 1 for a series of ethical violations, including questionable residency.

Bell said Clayton officials are continuing to work with investigators from Secretary of State Karen Handel's office to look into the residency of all nine school board members. Allegations have been raised against at least two other board members, Lois Baines-Hunter and Rod Johnson.

A loss of accreditation would mean no HOPE scholarships, trouble getting into some universities, no pre-kindergarten funding and lower property values. The Clayton Chamber of Commerce, a coalition of high school students, the county's largest teacher's union, the state NAACP and a state group of 48,000 real estate agents have also asked Haynes to resign.