Charlie Riehm
Norcross City Councilman
Issues & Observations:
The question has been raised that, since the City Charter specifies that anyone serving on a city board, commission, or authority must resign from that position as soon as he or she qualifies for election, should I, as the appointed Council liaison to the Downtown Development Authority, have resigned from the DDA in order to run for reelection? To resolve the issue, the Norcross City Attorney has provided the following legal opinion:

The question is whether the duly appointed Council liaison to the DDA must resign when seeking a second term of office.  The State law is clear that "the term of a director who is also a member of the governing body of a municipal coroporation shall end when such director is no longer a member of the governing body of the municipal corporation."  My opinion is that you are still a member of the governing body until your term has expired.  Accordingly, you would not be required to resign as a DDA member when you qualified for the upcoming election, despite the language in the Charter.  In your case, the State law does trump the Charter.
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