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Home >> Opinions >> Official Opinion 2014-1
SAMUEL S. OLENS
AIIORNF) (~il:MIRAL
GEORGIA DE RTMEN OF LAW
40 CAPITOL SQUARE SW
ATLANTA, GA 303344300
(404) 656-300
Official Opinion 2014-1
To:Governor
July 16, 2014
Re:Only the Governor has the authority to fill the temporary vacancy
created by the suspension of a Harris County commissioner pursuant
to O.C.G.A. § 45-5-6.
You have requested my opinion on the proper procedure for filling a temporary
vacancy on the Harris County commission should you suspend a member of the
commission pursuant to O.C.G.A. § 45-5-6. Because the local laws governing the
operation of the commission do not have a provision for the filling of such a
temporary vacancy created by a suspension, then, pursuant to O.C.G.A.
§ 45-5-6(d)(1), only you as the Governor have the authority to appoint the
temporary replacement commissioner.
General State Law
Georgia law provides under O.C.G.A. § 45-5-6 that, upon the felony indictment of
a covered official, either the prosecuting district attorney or the Attorney General
shall transmit a certified copy of the indictment to the Governor. After waiting
14 days from when the indictment is received, during which time the indicted
officer may request in writing that the Governor suspend him from office, the
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