Gov. Nathan Deal won’t appoint a temporary commissioner representing southeast DeKalb County as requested by Interim DeKalb CEO Lee May because the governor doesn’t believe he has that authority under Georgia law, a spokesman said Thursday.
In response, May called on the deadlocked DeKalb Commission to reject his nominee for the position, an action that would help pave the way for commissioners to handle the appointment.
The southeast DeKalb seat, which represents 140,000 residents, has gone unfilled for more than a year and a half since Deal appointed May to replace suspended DeKalb CEO Burrell Ellis as criminal charges against Ellis are pending.
“We certainly have no authority to appoint a temporary commissioner except in the case of an official being removed under indictment,” said Deal’s spokesman, Brian Robinson. “We don’t think we’re legally able to do that.”
May in August nominated community activist George Turner to fill the southeast DeKalb seat, but the DeKalb Commission has repeatedly stalemated over his confirmation.
“In light of the governor’s decision, we must take decisive action to ensure the residents of District 5 have voting representation,” May said.
If the commission twice denies May’s nominations, it would then gain the sole authority to choose a temporary representative. By removing himself from the process, commissioners couldn’t accuse May of hand-picking his successor.
The impasse also could be resolved if May resigned the commission seat he was originally elected to, clearing the way for a special election to be held, Robinson said.
May has said he doesn’t intend to resign. If Ellis is acquitted or the charges against him are dropped, he would retake his position as DeKalb’s CEO and May would be booted from that office.
May on Wednesday asked Deal to intervene because he doesn't think the DeKalb Commission's stalemate over Turner will ever be resolved.
Three DeKalb commissioners support Turner’s nomination and three oppose it. If confirmed, Turner would instantly become the swing vote on the fiercely divided board.
May wanted Deal to step in under a Georgia law that says the governor can fill a local elected vacancy when it hasn't been otherwise filled within 45 days.
But Deal’s office said the law only applies when the vacancy causes the absence of a quorum, which isn’t the case in DeKalb, Robinson said.
If the commission doesn’t act, the southeast DeKalb seat might not be filled until after Ellis’ retrial, which is scheduled to begin June 1. Ellis is accused of extorting county contractors for campaign contributions, and his first trial ended without a resolution in October because of a hung jury.
Another possible resolution to would be for the Georgia Legislature to pass a new law allowing Deal to make the appointment.
Sen. Ronald Ramsey, D-Lithonia, has introduced a bill that would allow Deal to fill the vacant seat. Senate Bill 10 is pending but hasn't yet been considered by the Senate State and Local Governmental Operations Committee.
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