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December 14, 2009

Varnell councilman Burnett resigns

City to hold special election

Mark Millican

VARNELL — The City Council will hold a special election — perhaps as early as March — to fill the unexpired term of councilman Thomas Burnett, who resigned because he moved outside the city limits, a city official said.

Burnett submitted a letter of resignation on Friday explaining his move to another area, said city manager Mark Gibson. He said Burnett did not indicate where he was moving. Burnett did not immediately return a phone call left on his cell phone Monday afternoon.

“According to the city charter, if the seat is given up within six months of an (upcoming) election, there can be an appointment to the seat by the mayor,” Gibson said. “In Mr. Burnett’s case, he’s in the middle of a four-year term. That being the case, we will have to have an election for his seat.”

Burnett has been on the council since 2006, according to the city’s Web site (www.cityofvarnell.com).

The charter states a council member must live within the city limits, Gibson said. He added that with the resignation coming so suddenly the issue of a special election has not been discussed among council members, who are scheduled to meet next on Jan. 12 at 7 p.m.

“We’ll consult with our attorney (Terry Miller) prior to that meeting,” Gibson said. “There are several election dates possible according to the election code. March is the first possible one ... but I don’t know if we’ll meet the time constraints according to the code.”

Miller said he was “aware” of some discussion about Burnett moving out of the district, but that he had not spoken to him personally.

“They will have to follow the Georgia election code provision for filling (council seat) vacancies,” he said. “It will be awfully tight to do it in March, because you have to follow the federal voting rights act and give a notice of intent (for an election), and there’s a 60-day window for that.”

Miller said the most logical date after March would be the Georgia gubernatorial primary, which is set for July 20.

Mayor Dan Peeples said he was “sorry to hear that Mr. Burnett had circumstances where he had to move, but understand the obligations he had to provide for his family.”





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