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03 LC 25 3235/AP
House Bill 959 (AS PASSED HOUSE
AND SENATE)
By: Representative Hanner of the 133rd
By: Representative Hanner of the 133rd
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To provide for the filling of vacancies in the office of
sheriff of Chattahoochee County; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
(a) In the event the office of sheriff of Chattahoochee
County becomes vacant by death, resignation, or otherwise, the chief deputy
sheriff of Chattahoochee County shall act as sheriff until the vacancy can be
filled in accordance with the provisions of subsection (b) of this section. If
there is no chief deputy sheriff at the time of such vacancy, the Board of
Commissioners of Chattahoochee County, within ten working days after the date
such vacancy occurs, shall appoint a law enforcement officer of the county who
is a Georgia Peace Officer Standards and Training Council certified peace
officer to act as sheriff until the vacancy can be filled in accordance with
subsection (b) of this section. If the Board of Commissioners of Chattahoochee
County fails to appoint a person to act as sheriff within ten working days after
the date the vacancy occurs, then the judge of the Probate Court of
Chattahoochee County shall appoint a law enforcement officer of the county who
is a Georgia Peace Officer Standards and Training Council certified peace
officer to act as sheriff until the vacancy can be filled in accordance with
subsection (b) of this section. The sheriff of any adjoining county in this
state is authorized to act as sheriff until the Board of Commissioners of
Chattahoochee County or the judge of the Probate Court of Chattahoochee County
makes the appointment provided for in this Act.
(b) If at the time the vacancy occurs there are more than six months remaining in the unexpired term of office, the vacancy shall be filled for the remainder of the unexpired term at a special election to be called by the county election superintendent; and the person acting as sheriff under subsection (a) of this section shall act until a successor is so elected for the remainder of the unexpired term. If at the time the vacancy occurs there are six months or less remaining in the unexpired term of office, the person acting as sheriff under subsection (a) of this section shall serve for the remainder of the unexpired term of office.
(b) If at the time the vacancy occurs there are more than six months remaining in the unexpired term of office, the vacancy shall be filled for the remainder of the unexpired term at a special election to be called by the county election superintendent; and the person acting as sheriff under subsection (a) of this section shall act until a successor is so elected for the remainder of the unexpired term. If at the time the vacancy occurs there are six months or less remaining in the unexpired term of office, the person acting as sheriff under subsection (a) of this section shall serve for the remainder of the unexpired term of office.
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.