Walters v. City of Dublin

Supreme Court of Georgia

Walters v. City of Dublin

417 S.E.2d 144, 262 Ga. 265, 92 Fulton County D. Rep. 925, 1992 Ga. LEXIS 447

CourtSupreme Court of Georgia

DecidedJune 11, 1992

DocketS92A0555

StatusPublished

This text of 417 S.E.2d 144 (Walters v. City of Dublin) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walters v. City of Dublin, 417 S.E.2d 144, 262 Ga. 265, 92 Fulton County D. Rep. 925, 1992 Ga. LEXIS 447 (Ga. 1992).

Pincite

Opinion

Weltner, Presiding Justice.

Johnson defeated the incumbent, Walters, in an election for city [266]*266council on October 1, 1991. After the election, Walters filed a petition challenging the election on the ground that Johnson was disqualified and ineligible to hold office because he violated the following provision of the city charter:

Decided June 11, 1992. Joe H. Thalgott, for appellant. Harold D. McLendon, Larsen & West, William W. Larsen, Jr., Green & Tribble, Judson L. Green III, for appellees.

The city council validated the election and denied the contest. The trial court dismissed the appeal on the merits, holding that as a volunteer non-compensated member of two city boards (the board of education and the housing authority), Johnson was neither an “appointed officer” nor an “employee” of the city. Further, the trial court held that the intent of the provision is not to create a disqualification of city council candidates, but rather to control political activity of city employees and officers. Compare Columbus v. Bd. of Water Commrs., 261 Ga. 219 (403 SE2d 791) (1991) (OCGA § 36-30-4 and common law conflict of interest prevent city council member from serving concurrently as a member of city council and of a board whose members are elected by that city council). Johnson resigned from the boards before taking office.

There was no error.

Judgment affirmed.

All the Justices concur.

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Weltner, Presiding Justice.

Johnson defeated the incumbent, Walters, in an election for city [266]*266council on October 1, 1991. After the election, Walters filed a petition challenging the election on the ground that Johnson was disqualified and ineligible to hold office because he violated the following provision of the city charter:

Decided June 11, 1992. Joe H. Thalgott, for appellant. Harold D. McLendon, Larsen & West, William W. Larsen, Jr., Green & Tribble, Judson L. Green III, for appellees.

The city council validated the election and denied the contest. The trial court dismissed the appeal on the merits, holding that as a volunteer non-compensated member of two city boards (the board of education and the housing authority), Johnson was neither an “appointed officer” nor an “employee” of the city. Further, the trial court held that the intent of the provision is not to create a disqualification of city council candidates, but rather to control political activity of city employees and officers. Compare Columbus v. Bd. of Water Commrs., 261 Ga. 219 (403 SE2d 791) (1991) (OCGA § 36-30-4 and common law conflict of interest prevent city council member from serving concurrently as a member of city council and of a board whose members are elected by that city council). Johnson resigned from the boards before taking office.

There was no error.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

417 S.E.2d 144, 262 Ga. 265, 92 Fulton County D. Rep. 925, 1992 Ga. LEXIS 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walters-v-city-of-dublin-ga-1992.

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