It was a week ago yesterday that County Manager Butch Sanders resigned his position as Henry County Manager.
As of this writing, the Board of Commissioners has yet to fill that position even though they are required by law to do so:
“(d) The board of commissioners may designate a person or persons to perform the functions and duties of the county manager during his absence, disability, or suspension. Vacancies in the office of county manager shall be filled by the board of commissioners as early as practicable and, until such vacancy is filled, the board of commissioners shall have full powers to make a temporary appointment or to perform the functions and duties of his office.“
Their appointment of former District 2 Commissioner as “Deputy County Manager” does not fulfill this requirement and they know that, which means they are now intentionally and purposefully in violation of the law.
The Official Code of Georgia Annotated (O.C.G.A) § 45-11-4 states:
(b) A public officer may be charged under this Code section for:
"(1) Malpractice, misfeasance, or malfeasance in office;
(2) Using oppression or tyrannical partiality in the administration or under the color of his or her office;
(3) When required by law, willfully refusing or failing to preside in or hold his or her court at the regular terms thereof, or when it is his or her duty under the law to do so;
(4) Using any other deliberate means to delay or avoid the due course or proceeding of law;
It goes on to say the penalty for violating this is:
(c) A conviction for violating subsection (b) of this Code section shall be punished as for a misdemeanor and, upon conviction in a court of competent jurisdiction, the accused shall be removed from office.
Where does Attorney General Olen’s stand on that?
- Henry BOC Still Ignoring the Law; And About That “Blessing” by Attorney General Sam Olens
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