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Jones v. Boone

The trial court properly granted a writ of quo warranto after determining that the mayor of the City of Gordon did not possess the power to appoint the appellant as city attorney.

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This is an appeal from a trial court’s order granting a writ of quo warranto based on that court’s conclusion that appellant Ronny Jones was not appointed as attorney for the City of Gordon, Georgia the “City”, in accordance with the City’s charter. The quo warranto action was initiated by appellee Joseph Boone, who prior to May 21, 2014, had held the position of city attorney in Gordon for 35 years. For the reasons that follow, we affirm the order granting the writ of quo warranto.

The relevant facts in this case are undisputed. Under the City’s charter, legislative authority is vested in a city council, which is comprised of a mayor and six council members. Charter of City of Gordon, § 2.10 a. Except as otherwise provided in the charter, the affirmative vote of at least four council members is required for the adoption of any motion or resolution. Id. at § 3.15 a. The mayor, who as a general rule presides over city council meetings, is authorized to vote on matters brought before the city council only in those cases where there is a tie vote, “except that she may vote in all elections for officers who are elected by the city council and impeachment or removal proceedings whether there is a tie or not.” Id. at § 3.22 8. With regard to the appointment of a city attorney, the charter expressly provides that the “city council shall appoint a city attorney” who “shall serve at the pleasure of the city council.” Id. at § 4.12.

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