A bill moving through the state Legislature would allow the mayor of DeKalb County’s most populous city to fill vacant council seats without a special election.
HB 655 would give the mayor of Brookhaven the power to appoint members to the four-person City Council if a seat becomes vacant. Mayor John Ernst said the city has made efforts to change the city’s charter since 2014, when a councilman resigned and a special election wasn’t held for seven months.
“On a four-member city council, any vacancy for any length of time impacts the ability of the city to transact the business of the people,” he said in an emailed statement to The Atlanta Journal-Constitution.
The new bill is really a reintroduction. Rep. Matthew Wilson (D-Brookhaven) said a different bill passed both the House and Senate last year and would have accomplished the same goal. However, a last-minute change sent the bill before voters in November when it was voted down.
The ballot voters saw failed to include language about giving the mayor the power to fill vacant seats, instead including only a mention of removing term limits for the mayor’s office. The omission of the language may have contributed to the defeat of the referendum, Wilson said. About 55% of Brookhaven voters rejected the proposal.
“Last year’s referendum language was specific to the mayoral term limit extension, but the appointment process was part of the underlying legislation,” Wilson said in an emailed statement.
This legislative session, Wilson introduced HB 655 to solve the issue vacancies could present to Brookhaven’s leadership. If there is more than one vacant City Council seat, they would not be able to meet a quorum to consider business and run the city.
“With two vacancies, the Brookhaven City Council is shut down,” Ernst said. “This house bill will minimize or eliminate representative lapses in the future.”
The bill would allow the mayor to appoint a replacement regardless of how much time was left in the councilmember’s term. If it was less than 12 months, the appointed member would serve until the next regular election. If the term had more than 12 months left, the appointed member would serve until a special election could be held.
All appointments would need to be approved by the rest of the City Council. If the mayor’s seat becomes vacant, the City Council would have the option to appoint someone as well.
The AJC’s Legislative Navigator gives the latest bill a 77% chance of passing.
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