In light of the felony arrests of Long County Commissioner Robert Parker by the Georgia Bureau of Investigation, many are wondering if Parker will be removed from his post as county commissioner. The answer, according to Georgia law, is ‘not yet.’
Parker’s current term of office began January 1, 2025 and runs through December 31, 2028. He is paid at an annual salary of $24,333.35, with a biweekly rate of $935.90. That is compensation he will continue to receive until further court action or he voluntarily resigns.
Under OCGA 45-5-6, no action can be taken to remove a public official from office until a person is indicted by a grand jury on felony charges and those felony charges are related ‘to the performance or activities’ of the office of the public official.
Obviously, in Parker’s case, the charges relate to his official duties, but the warrants do not suffice to remove him from his county commission post. The governor must wait until the case is presented to the grand jury and a ‘true bill’ is returned before he can take action.
The prosecutor in the case is then required to send a certified copy of the indictment to the Governor who is then required to appoint a review commission. Traditionally the review commission is composed of the Attorney General and two other public officials who hold the same title as the individual indicted – so two other county commissioners within Georgia. Since the Georgia Attorney General’s Office is assisting with the prosecution of the case against Parker, the Governor will appoint a retired Supreme Court justice or a retired Court of Appeals judge to serve on the review commission.
The commission then reviews the facts available at the time of indictment and makes a recommendation to the governor within 14 days.
If the commission determines that the indictment “relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected,” the commission is required to recommend that the public official be suspended from office. The governor is then permitted to, but not required to, suspend the public officer from office immediately. If the governor opts to suspend Parker, it would be until the final disposition of the case or until the expiration of his term of office – whichever occurs first.
Should Parker be suspended at that point, a replacement would be appointed until adjudication of the case or expiration of the term, whichever comes first. He would continue to receive his compensation, however, until final adjudication.
If he is convicted, his position in office will immediately cease, per OCGA 45-5-2.
Parker does have the option to step down from his post at any time, which will trigger the filling of a vacancy in accordance with local ordinances.
- If less than 10 months remain in the term at the time of resignation, the vacancy is filled by appointment by the county commissioners until the term is complete.
- If more than ten months remain and a primary election is between 45 and 120 days out, a special election will be held and voters will select a replacement. In the interim, within 30 days from the time of resignation to the time of the special election final outcome, a person appointed by the commissioners will fill the vacancy.
- If more than ten months remain in the term of office and an election is not scheduled to be held within 120 days, then within 30 days of the vacancy, the election superintendent is required to issue a call for a special election. No person is appointed to serve in the interim.
This law was amended in 2022 by the Georgia legislature after Insurance Commissioner Jim Beck was indicted on felony charges but was able to maintain his six-figure state salary from the time he was indicted until his case was fully adjudicated.
