This case involves a highly contentious dispute over certain official actions of Mary Ann Whipple Lue, Mayor of the City of Gordon, who is appellant in this case. Mayor Lue was the first African-American to be elected mayor of this city, and she was sworn into office on January 6, 2014. Barely two months later, two members of the city council and five other citizens filed a complaint against Mayor Lue in her official capacity, which was later amended, seeking removal of Mayor Lue for various actions alleged to be examples of conduct demonstrating incompetence, misfeasance, and malfeasance in office, which, according to the complaint, provide grounds for removal from office pursuant to the City of Gordon Charter. According to the complaint, these actions fell into three categories: alleged violations of the Georgia Open Meetings Act, OCGA § 50-14-1, et seq. “Act”; alleged violations of the city charter “Charter”1 , city code, and city personnel policy; and alleged financial malfeasance. One of the methods for removing an elected official, as set forth in the Charter, is by order of the Superior Court of Wilkinson County after a hearing on a complaint filed by any resident of the city. In addition to removal from office, the complaint sought the award of attorney fees and fines, pursuant to OCGA § 50-14-5 b and OCGA § 50-14-6.
The trial court denied Mayor Lue’s motions to dismiss the complaint. Shortly thereafter, the trial court granted the motion for a temporary restraining order filed by plaintiffs who are appellees in this appeal, pursuant to which the mayor was temporarily suspended from office until such time as a hearing could be held on plaintiffs’ motion for interlocutory injunction. Mayor Lue filed a motion to recuse the trial court judge, alleging improper ex parte communications between the judge and plaintiffs’ counsel with respect to the temporary restraining order hearing, and that motion was denied. After a hearing on plaintiffs’ motion for interlocutory injunction, the trial court granted the motion and entered an order, which was later amended, by which Mayor Lue was reinstated to office, subject to certain conditions imposed on her, including a prohibition from her meeting privately with three or more council members to discuss city business and a requirement that any such meetings must be open to the public with notice provided to the public as required by law. Mayor Lue appeals the denial of her motions to dismiss, the denial of her motion to recuse the trial court judge, and certain terms of the interlocutory injunction order and amended order. For the reasons set forth herein we affirm in part and reverse in part.
