A councilman or alderman of a municipal corporation shall be ineligible to hold any other municipal office during the term of office for which the councilman or alderman was chosen unless he first resigns as councilman or alderman before entering such other office. This Code section shall apply to all elected officials of a municipal corporation.
(Ga. L. 1889, p. 181, § 1; Ga. L. 1890-91, p. 226, § 1; Ga. L. 1895, p. 79, § 1; Civil Code 1895, § 739; Ga. L. 1899, p. 26, § 1; Civil Code 1910, § 886; Code 1933, § 69-201; Ga. L. 1957, p. 97, § 1.)
Cross references.- Vacancies created by elected officials qualifying for other office, Ga. Const. 1983, Art. II, Sec. II, Para. V.
Law reviews.- For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963).
JUDICIAL DECISIONS
Second sentence not restrictive.
- Provision that O.C.G.A. § 36-30-4 shall apply to all elected officials of a municipality does not necessarily mean that the statute shall apply solely to such elected officials. Fowler v. Mitcham, 249 Ga. 400, 291 S.E.2d 515 (1982).
Office of mayor of city or town having more than 2,000 inhabitants is municipal office. Crovatt v. Mason, 101 Ga. 246, 28 S.E. 891 (1897).
Councilman as member of city-county recreation commission.
- Even assuming that councilman's job with a city-county recreation commission could properly be considered a "municipal office" within the ambit of O.C.G.A. § 36-30-4, and further assuming that the councilman's simultaneous service as councilman would result in an impermissible conflict of interest, it is clear that the result would not be to disqualify the councilman from holding the office of city councilman but rather to render the councilman ineligible to continue the councilman's employment with the commission while serving as a councilman. Hughley v. City of Thomaston, 180 Ga. App. 207, 348 S.E.2d 570 (1986).
City police officers are municipal officers.
- Fact that city police officer has been held to be an officer of the state, does not negate the fact that a police officer is also a municipal officer. Fowler v. Mitcham, 249 Ga. 400, 291 S.E.2d 515 (1982).
Fact that appellants may have been employees in their position as city police officers does not necessarily contra-indicate their status as office holders in that same position. Fowler v. Mitcham, 249 Ga. 400, 291 S.E.2d 515 (1982).
City police officer cannot be alderman.
- O.C.G.A. § 36-30-4 prohibits one from simultaneously holding office of alderman and police officer of city. Fowler v. Mitcham, 249 Ga. 400, 291 S.E.2d 515 (1982).
Mayor of city is eligible to hold office of school commissioner. Akerman v. Ford, 116 Ga. 473, 42 S.E. 777 (1902).
Provision in city charter.
- Under a city charter the mayor of a municipality could act not only as mayor, and receive the salary therefor, but could also be elected treasurer of the board of lights and waterworks, of which the mayor was ex officio a member, and receive the compensation fixed by the board for those services. There is no inhibition against one person holding both positions, and receiving both salaries, when authorized by the charter. Board of Lights & Waterworks v. Dobbs, 151 Ga. 53, 105 S.E. 611 (1921).
Commissioners of a city cannot select and appoint one of themselves as city manager, the office of commissioner and city manager being incompatible. Board of Comm'rs v. Montgomery, 170 Ga. 361, 153 S.E. 34 (1930).
Alderman ineligible to be board of education member.
- An alderman comes under the inhibition of this section, and during such term as alderman is incompetent to hold office as a member of the board of education. Matthews v. Morris, 169 Ga. 723, 151 S.E. 391 (1930).
Membership on the board of education is a municipal office within the meaning of this section. Matthews v. Morris, 169 Ga. 723, 151 S.E. 391 (1930).
Membership on board of water commissioners prohibited.
- Because the city council of Columbus serves a supervisory and/or appellate function in relation to the board of water commissioners, a conflict of interest would exist if a council member were to serve concurrently on the board. Columbus, Ga. v. Board of Water Comm'rs, 261 Ga. 219, 403 S.E.2d 791 (1991).
Cited in Walters v. City of Dublin, 262 Ga. 265, 417 S.E.2d 144 (1992).
OPINIONS OF THE ATTORNEY GENERAL
Scope of section's prohibition.
- Prohibition of O.C.G.A. § 36-30-4 applies to all elected city officials. 1982 Op. Att'y Gen. No. U82-27.
This section renders a councilman ineligible to hold another municipal office unless the councilman has resigned the seat on the council at some time prior to entering the second office; the councilman is not required to resign prior to qualifying to run for the second office. 1975 Op. Att'y Gen. No. 75-18.
Council member of a municipality may run for the office of mayor or other municipal office but must resign such council seat prior to taking the second office. 1975 Op. Att'y Gen. No. 75-18.
Date of termination of office.- Officer whose present position will be finally terminated prior to the beginning date of any new office the officer may gain by election, is eligible to seek and hold such second office. 1963-65 Op. Att'y Gen. p. 565.
Council member of a city is ineligible to hold the office of clerk of the city while still holding the office of councilman. 1967 Op. Att'y Gen. No. 67-36.
Trustee of school board.- Member of City Council of Chickamauga cannot lawfully serve as trustee of city school board. 1982 Op. Att'y Gen. No. U82-27.
Recorder of court.- Councilman is prohibited from serving as recorder of the mayor's court. 1983 Op. Att'y Gen. No. U83-61.
Building inspector.- City commissioner cannot simultaneously hold office of city building inspector. 1962 Op. Att'y Gen. p. 333.
County commissioner.- Member of State Agricultural Commodities Commission may simultaneously hold the office of county commissioner. 1976 Op. Att'y Gen. No. U76-30.
Volunteer firefighter.
- Dual service as a volunteer firefighter and member of a city council or county commission does not violate the provisions of O.C.G.A. § 36-30-4 or O.C.G.A. § 45-2-2; however, cities and counties must determine for themselves, based on the circumstances, whether a common-law conflict of interest exists. 1998 Op. Att'y Gen. No. U98-8.
Position with political committee.- An officer, member, or employee of a political committee is not a "public officer." 1966 Op. Att'y Gen. No. 66-181.
Holding party office.- Since state officials are not prevented from holding city or county offices, and since the positions involved are not ones for which political activity is banned by the rules and regulations of the merit system, a member of the board of commissioners is eligible to hold office on the Democratic executive committee at either the county or state level. 1966 Op. Att'y Gen. No. 66-181.
City commissioner may not sit on city zoning board.- Member of a city commission may not so serve and at the same time serve on a city planning and zoning board. 1971 Op. Att'y Gen. No. U71-107.
RESEARCH REFERENCES
Am. Jur. 2d.
- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 219. 63C Am. Jur. 2d, Public Officers and Employees, §§ 57, 62.
C.J.S.- 62 C.J.S., Municipal Corporations, § 273 et seq.
ALR.
- Time as of which eligibility or ineligibility to office is to be determined, 143 A.L.R. 1026.