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Section 5.10. Regular Elections. (a) An election shall be held on the first Tuesday in November of each year to elect councilmen to fill the terms of those councilmen whose terms expire at the end of that year, and to fill the office of mayor in those years in which his or her term of office expires.
(b) Nothing contained herein shall affect the offices of those persons presently serving as mayor and councilmen at the date of approval of this Act, but said officers shall serve out the remainder of their offices as hereinbefore may have been provided by law.
Section 5.11. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Clarkesville as to primary, special and general elections shall be in conformity with the provisions of the Georgia Municipal Election Code approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended.
Section 5.12. Special Elections; Vacancies. In the event that vacancies occur in two or more elected offices of the city for any cause whatsoever, the mayor or the council, or those remaining, or, if none, any three or more citizens and voters of the city, shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within 180 days of the expiration of the term of office of the mayor or any councilman, said vacancies in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this Charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended.
Section 5.13. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes:
(a) misfeasance or malfeasance in office;
(b) conviction of a crime involving moral turpitude;
(c) failure at any time to possess any of the qualifications of office as provided by this Charter or by law;
(d) willful violation of any express prohibition of this Charter;
(e) abandonment of office or neglect to perform the duties thereof; or;
(f) failure for any other cause to perform the duties of office as required by this Charter or by law.
Section 5.14. Procedure for Removal. Removal of an elected officer from office may be accomplished by one of the following methods:
(a) by action of two-thirds vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten (10) days from the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Habersham County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
(b) by information filed in the Superior Court of Habersham County as provided by law.
(c) by recall as now or hereafter provided by Georgia law.
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