When Republican Henry County Commissioner Gary Barham died unexpectedly in early March from complications of COVID-19, the future of his seat touched off a political firestorm.
Because the county did not have language that laid out a succession plan until a special election could be held, the commission’s Democrats advocated for leaving the position unfilled. Republicans pushed for an appointment to fill the seat temporarily — and give the person the advantage of incumbency.
The Republicans won after a state senators Emanuel Jones, D-Decatur, and Brian Strickland, R-McDonough, pushed through General Assembly legislation that gave the commission’s Democratic chairwoman the power to appoint Barham’s replacement. Much to the chagrin of her Democratic colleagues, she chose a GOP candidate.
“It is important for people to understand that succession planning is about filling the vacancy, not filling the un-expired term,” Jones said. “Our legislation only dealt with filling the vacancy so you didn’t have a situation where people in the community or a particular district feel they are not represented.”
What to do when an elected office is abruptly left vacant has long been an issue that has plagued Georgia because there is no universal code to address it, some state leaders and experts say.
Some offices have a clear line of succession — say when a departing chairperson on a commission is replaced by a vice chairperson. But others, such as a city council post where a leader has stepped down, may or may not have language that spells out what comes next depending on the municipality.
“This has always been a difficult thing because we’re not just talking about putting someone in the job who is qualified, we’re also talking about making policy choices,” said David Franklin, a Georgia State University associate professor emeritus of political science.
Representative of the people
The ramifications of a vacant office can be huge, the experts said.
An elected leader is often the first person a company will seek to pitch a corporate relocation, or constituents will flock to complain about potholes or high water bills.
Those elected also are responsible for making sure their communities are represented during negotiations over SPLOST dollars or increases in public safety spending.
“There’s always a balancing act between ensuring that constituents have representation and ensuring the continuity of government,” Kennesaw State University economist Roger Tutterow said.
In recent years, a number of metro Atlanta elected leaders have died in office and forced the communities to address who will take their place. Clayton County Commissioner Sonna Singleton Gregory passed away in May; Fulton Commissioners Joan Garner and Emma Darnell died in April 2017 and May 2019 respectively; and Gwinnett County Senior Magistrate Judge Emily Powell was struck by a car and killed in December 2019.
Offices also have been left open by resignations or medical leave. Gwinnett Commission Chairman Charles Bannister resigned in 2010 to avoid perjury charges and Stonecrest Mayor Jason Lary has taken leave for cancer after becoming embroiled in a scandal of the disbursement of $6.2 million in federal pandemic relief funds for the DeKalb County city.
In many of the cases, the offices went vacant until a special election could be held, including Gregory’s Clayton County seat (a special election is set for Sept. 21). After Darnell’s death, Fulton Commission Chairman Robb Pitts told Atlanta Progressive News that he and the other commissioners would represent her district.
Following the code
Most recently, the chief deputy of the Clayton County Sheriff’s Office, Roland Boeher, has stepped in to handle the day-to-day duties of controversial Sheriff Victor Hill.
Hill was suspended by Gov. Brian Kemp in June after a federal indictment earlier in the year accused the sheriff of violating the civil rights of four detainees. Hill has denied the charges.
Clayton County Commission Chairman Jeff Turner said the county has approved an increase in pay for Boeher because of the extra duties, but has not used language like “acting sheriff” until he gets more clarity from the governor’s office about whether that legally is the chief deputy’s position.
Terry Norris, executive director of the Georgia Sheriff’s Association, said because Hill is suspended and remains sheriff, Boeher is a “replacement officer” under state code.
“A suspension in office does not mean the office is vacant,” he said.
Sen. Jones said he may introduce legislation in next year’s General Assembly to create more uniformity in how municipalities deal with succession.
If he does he may run afoul of his colleagues at the municipal level. Clayton County Commissioner Felicia Franklin said she is an advocate of “home rule,” the doctrine that says decisions should be made on the local level and not by outsiders like state government.
“These decisions should be made locally and I think we need to protect home rule as a governing body,” she said.
Dave Wills, the executive director of the Association of County Commissioners of Georgia, agreed. He said he doesn’t want the state to make decisions that are better understood by people in the community. Besides, he said the issue of who takes over a vacant elected office is generally not a divisive issue.
“It is an issue that comes up, almost every year there are examples of vacancies that occur, but they are almost always dealt with in a relatively smooth manner,” he said.
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