Title 36, Chapter 5, Section 21
( 36-5-21)
(a) When a vacancy occurs in the office of a county governing
authority in any county in which the local Act creating that
governing authority for the county makes no provision for succession
to fill the vacancy and the unexpired term of office exceeds six
months in duration, it shall be the duty of the judge of the probate
court of the county to call a special election to elect a successor
and fill the vacancy in not less than 30 nor more than 60 days. The
election shall be held as provided by Chapter 2 of Title 21, the
"Georgia Election Code," and the cost of the election shall be
defrayed by the proper county authorities. If the unexpired term to
be filled is less than six months in duration and the local Act
creating the governing authority makes no provision to fill the
vacancy, the judge of the superior court of the county shall have
the power to appoint a successor to fill the unexpired term. (b) Unless otherwise provided by local law, when the office of any
county commissioner is vacated for any reason and a special election
is required to be called pursuant to subsection (a) of this Code
section, the remaining members of the board of commissioners shall
constitute the governing authority of the county during the interim
period between the creation of the vacancy and the election and
qualification of a successor to fill the vacancy pursuant to
subsection (a) of this Code section, except that if as a result of
that vacancy or any combination of such vacancies there is no longer
any commissioner remaining in office to constitute the county
governing authority, the judge of the probate court of the county
shall serve as the county governing authority until the election and
qualification under subsection (a) of this Code section of all
successors to the vacated positions on the county governing
authority. (c) A judge of the probate court serving as the county governing
authority pursuant to subsection (b) of this Code section shall
receive for such service, in addition to any other compensation that
judge is authorized by law to receive, an amount equal to the amount
the chairman of the board of commissioners or the sole commissioner,
as applicable, would have been authorized to receive for that period
of service. |