Gov. Brian Kemp’s office has given approval for the Augusta Commission to vote on a temporary replacement for indicted District 4 Commissioner Sammie Sias.
Sias has not resigned his office, nor has he been removed from office by the governor, but rather has been suspended from carrying out his official duties.
Sias is awaiting trial for two counts involving lying to the FBI and destroying documents pertaining to his time as director of the Jamestown Community Center. Sias is accused by a former lover of siphoning off SPLOST funds for his own personal use.
MORE: Commissioner Sammie Sias Suspended From Office
While Sias is technically barred from participating in commission meetings or voting on public business, he still receives a paycheck and remains the elected representative of the fourth district.
In an email to commissioners, Augusta city attorney Wayne Brown wrote that “the Executive/General Council for the Office of the Governor has communicated that the Office of the Governor finds that the authority to fill the vacant District 4 seat of the Augusta, Georgia Commission lies with the Augusta, Georgia Commission.”
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The suspension and likely commission vote to find a temporary replacement is an unprecedented situation for election officials. Generally, people are only replaced by a commission vote in the case of resignation or death.
When Lee Beard died in 2004, the commission appointed his wife, Betty, to fill the remainder of his term. Betty Beard went on to win the seat for herself and continued on the commission for many years.
In 2006, Keith Brown was appointed by the commission to finish the term vacated by Richard Colclough. It was discovered later that Brown did not actually live in the district he was representing. After a long legal battle, Brown was proven to be not eligible to hold the seat.
However, the situation of replacing a commissioner that is still technically still employed by the public is new territory and Elections Board Director Lynn Bailey said her office is watching the scenario play out, but that the Elections Board will only become involved if a special election is necessary.
“The final decision is yet to be determined if we become involved. There are so many things that could happen in the next few weeks or months and we are just watching as the situation changes,” Bailey said.
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Legally speaking, the commission can appoint someone to stand in for Sias as a representative of District Four, but that person cannot fully be called a representative of district. They will only hold the seat until a resolution occurs in Sias criminal case or his term expires.
District 10 Commissioner John Clarke said that while he understands that due process must occur with the federal case against Sias, someone needs to step in to maintain city business as currently Sias is on the redistricting, public service, finance and streetlight committees.
“I can understand, to a degree, why he doesn’t step down. I get that. He has not been convicted of anything,” Clarke said. “But we need to fill this seat while this situation is being adjudicated.”
Several people have been named to be in consideration for the interim spot, including Betty Reese, Alvin Mason and L.C. Myles, according to sources within the county government.
Sammie Sias could not be reached for comment.
Scott Hudson is the Senior Reporter for The Augusta Press. Reach him at scott@theaugustapress.com.
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