Title 45, Chapter 5, Section 6.2
( 45-5-6.2)
(a) As used in this Code section, the term: (1) "Authority official" means any appointed member of a governing
body of a local authority. (2) "Local authority" includes without limitation
instrumentalities of one or more local governments created to
fulfill a specialized public purpose or any other legally created
organization that has authority to issue debt for a public purpose
independent of a county or municipality. The term does not
include state authorities. Such local authorities may have been
created by local constitutional amendment, general statute, or
local law. (b) Unless otherwise provided by general law, upon indictment of an
authority official for a felony offense by a grand jury of this
state or by the United States, the governing authority of the county
or municipality that appointed the authority official may, by
resolution entered on the minutes of the governing authority,
suspend the authority official from the appointed office immediately
and without further action pending the final disposition of the case
or until the expiration of his or her appointed term of office,
whichever occurs first. During the term of the office to which such
officer was appointed and in which the indictment occurred, if a
nolle prosequi is entered, if the authority official is acquitted,
or if, after conviction, the conviction is later overturned as a
result of any direct appeal or application for a writ of certiorari,
the authority official shall be immediately reinstated to the office
from which he or she was suspended. If the local authority is a
joint authority or regional authority with appointments from more
than one county, municipality, or combination of counties and
municipalities, the governing authority of the county or
municipality which was responsible for the appointment shall be
authorized to suspend the indicted authority official. (c) If the suspended authority official is compensated for his or
her duties on behalf of the local authority, the authority official
shall continue to receive the compensation from his or her office
until a conviction. After a conviction, the authority official
shall not be entitled to receive the compensation from his or her
office. If the authority official is reinstated to office, he or
she shall be entitled to receive any compensation withheld under the
provisions of this Code section. For the purpose of this Code
section, a plea of nolo contendere shall be considered a conviction. (d) For the duration of any suspension of any authority official
under this Code section, a replacement official for the authority
official 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. If no such general
law, local law, ordinance, or resolution governing the filling of a
temporary vacancy is applicable, then the governing authority of the
county or city responsible for the initial appointment shall appoint
a replacement officer for the authority official suspended. Upon
final conviction and after exhaustion of all appeals, if any, the
office of the authority official shall be vacated immediately
without further action. Said vacancy shall be filled by the
replacement official appointed pursuant to this subsection for the
balance of the appointed term of the convicted authority official. |