Jones v. Boone
297 Ga. 437
| Ga. | 2015Background
- Gordon City Council charter vests appointment power for city attorney in the city council; city attorney serves at council's pleasure.
- Mayor votes only to break ties, except she may vote in all council elections for officers and on impeachment or removal proceedings.
- At the May 21, 2014 council meeting, council members voted 3–2 (one abstention) to authorize the mayor to appoint an interim city attorney; the mayor voted and the tally was treated as 4–2.
- Mayor Lue appointed Ronny Jones as city attorney the following day.
- Joseph Boone, the incumbent city attorney who had served 35 years, filed for leave and then a petition for quo warranto challenging Jones’s appointment as ultra vires.
- Trial court granted the writ, holding the mayor lacked authority to vote on the motion (no tie existed because abstention is not a vote); the Supreme Court of Georgia affirmed.
Issues
| Issue | Plaintiff's Argument (Boone) | Defendant's Argument (Jones/Mayor) | Held |
|---|---|---|---|
| Standing / procedural leave to bring quo warranto | Boone claimed he still held the office absent four affirmative council votes and followed approved leave procedure | Jones argued Boone lacked standing and leave was not properly granted | Court: Boone had standing; leave procedure satisfied (rule nisi signed by clerk under judge's direction) |
| Whether mayor could vote to create tie by treating abstention as negative | Boone: abstention is not a vote; no tie; mayor lacked authority to vote to delegate or appoint | Jones: abstention could be treated as negative by mayor, creating tie that authorized mayoral vote to delegate and appoint | Court: Abstention is not a vote; mayor could not count it as negative; no tie; mayor not authorized to vote |
| Whether council could delegate charter-appointed power to mayor at that meeting | Boone: charter vests appointment in council; delegation requires proper affirmative vote of four council members | Jones: council vote (treated as 4–2) delegated appointment power to mayor | Court: Did not need to decide delegation scope because mayor’s vote was unauthorized; appointment invalid |
| Right to jury trial in quo warranto | Boone: facts undisputed; only legal question so no jury required | Jones: requested jury trial | Court: No jury required where only legal issues (charter interpretation) exist; judge properly decided case |
Key Cases Cited
- Milton v. Mitchell, 139 Ga. 614 (Ga. 1913) (quo warranto may be brought by one claiming or interested in office)
- Merry v. Williams, 281 Ga. 571 (Ga. 2007) (statutory/charter requirement of a specific number of affirmative votes shows intent that abstentions not count as votes)
- Richardson v. Phillips, 285 Ga. 385 (Ga. 2009) (quo warranto petitions require leave of court)
- City of College Park v. Wyatt, 282 Ga. 479 (Ga. 2007) (where only questions of law present in quo warranto, judge may decide without jury)
- H.G. Brown Family, L.P. v. City of Villa Rica, 278 Ga. 819 (Ga. 2005) (municipalities and mayors have only powers granted by statute or charter)