Press Release- Vacancy of the Mayor's Position, Interim and Election

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Robin I. Gomez, City Manager, City of Clarkston






City of Clarkston – Vacancy of the Mayor's Position, Interim and Election


(Clarkston, GA)— Edward “Ted” Terry has qualified as a candidate for the DeKalb Board of Commissioners Seat 6 on Wednesday, March 4, 2020.


The Georgia Constitution.  Article 2, Section 2, Paragraph 5, states:


"The office of any state, county, or municipal elected official shall be declared vacant upon such elected official qualifying, in a general primary or general election, or special primary or special election, for another state, county, or municipal elective office or qualifying for the House of Representatives or the Senate of the United States if the term of the office for which such official is qualifying begins more than 30 days prior to the expiration of such official's present term of office."


Based on the above, Mr. Terry is automatically disqualified from holding the office of Mayor for the City of Clarkston, effective March 4, 2020.  Consequently, per the Clarkston City Charter, section 2.05 (a), we have a vacant Clarkston mayor’s seat:


“A vacancy shall exist if the mayor or a council member resigns, dies, moves his or her residence from the city, has been continuously disabled for a period of six (6) months so as to prevent him or her from discharging the duties of office, shall have engaged in any activity or done any act which under the laws of this state would preclude him or her from continuing to serve as an elected official, or shall have been removed from office by the electorate as provided by law. Such vacancy shall be declared by the mayor unless it shall be the office of mayor which is vacant, and in such case by the vice-mayor. Such declaration shall be made in a regular meeting of the city council and shall be affirmed by a majority vote of the city council."


The City of Clarkston will have for the March 31 Work Session/April 7 Council meeting an agenda item for the Vice Mayor to declare a vacancy in the office of the mayor to be affirmed by a majority vote of the City Council at the April 7 Council meeting. 


Filling the vacant mayor seat is controlled by Clarkston Charter, section 2.05(b):


"Should a vacancy occur in the office of mayor, the vice mayor shall assume the duties of the mayor until an election is held pursuant to this subsection. If a regular municipal election to elect a mayor will occur within one hundred eighty (180) days of the occurrence of a vacancy in the office of mayor, then the vice-mayor shall complete the vacant mayor's term. If no such regular election is scheduled, a special election to elect a mayor to fill out the vacant mayor's term shall be held."


Effective immediately, Vice Mayor Eyasu assumes the duties of the Mayor until the election is held, which will be on November 3, 2020.