Title 45, Chapter 5, Section 6.1
( 45-5-6.1)
(a) As used in this Code section, the term "public official" means
any elected county officer; any elected member of a county governing
authority; any elected member of a city-county consolidated
government; any member of a county, area, or independent board of
education; any school superintendent of a county, area, or
independent school system; any solicitor-general of a state court;
any elected member of any municipal governing authority; any member
of the Public Service Commission; and any district attorney. (b) Upon initial conviction of any public official for any felony in a trial court of this state or the United States, regardless of whether the public official has been suspended previously under Code Section 45-5-6, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Code section, he shall not be entitled to receive the compensation from his office. If the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he was suspended and shall be entitled to receive any compensation withheld under the provisions of this Code section. (c)(1) For the duration of any suspension of any elected member of
any municipal or consolidated city-county governing authority
under this Code section, a replacement officer for the public
officer suspended shall be appointed as provided for in any
general law, local law, ordinance, or resolution governing the
filling of a temporary vacancy in the public office affected. For
the duration of any suspension of any other public official under
this Code section, a replacement officer for the public official
shall be appointed as provided for in any applicable general or
local law governing the filling of a temporary vacancy in the
public office affected. If no such general law, local law,
ordinance, or resolution governing the filling of a temporary
vacancy is applicable, then the Governor shall appoint a
replacement officer for the public official suspended. (2) Upon the final conviction, the office of the public official
shall be vacated immediately without further action. Said vacancy
shall be filled in the manner provided by law for filling
vacancies in such office. (d) The provisions of this Code section shall not apply to any
conviction rendered prior to January 1, 1987. |