At the Tuesday, January 14 meeting of the Cobb County Board of Commissioners, each district commissioner entered into the record statements regarding the controversy surrounding the county’s district maps.

The issue began when the Georgia legislature bypassed the county legislative delegation and presented the county with district maps that the majority of the BOC objected to, and that wrote District 2 Commissioner Jerica Richardson out of her district.

The county invoked a provision of the Georgia Constitution known as “Home Rule” and developed its own maps used in the 2024 elections.

The Home Rule maps were ruled invalid in Cobb Superior Court, and new elections were ordered in districts 2 and 4.

The controversy continues, as Cobb’s attorney determined that District 2 Commissioner Jerica Richardson can continue to sit on the board until after the upcoming new special elections have been held for districts 2 and 4.

The Courier requested the written statements that the commissioners entered into the record, and we’ve reprinted them below. We have left the statements verbatim, as we received them, and simply cut and pasted them unedited. I posted them in order of district number.

Keli Gambrill’s statement

Welcome to Cobb County’s J6!

Considering laws in totality means analyzing and interpreting a set of laws as a whole, taking into account how different laws interact and affect each other, rather than looking at them individually; it essentially involves evaluating the cumulative impact of all relevant legal provisions on a particular situation or issue. 

With no vote of the Board or judicial determination, the County Attorney’s office has taken the position that one commissioner is now considered “de-facto” and can continue to serve until their successor is elected – if they so choose to do so.   There are no Georgia laws that govern de-facto status but has only been awarded by judges based on legal challenges.  While the county attorney’s office contends there is case law to support a commissioner continuing to serve until a successor is elected, they continue to violate the equitable estoppel doctrine which prevents one from asserting a claim or right that contradicts what one has said or done before, or what has been legally established as true.

The Home Rule Resolution precipitated an illegal action through the act of three Commissioners and has been ruled Unconstitutional multiple times.  Two former commissioners, with good intentions, are seated here today, even though their terms have expired and the State of Georgia no longer recognizes them as qualified, elected officials.

The Home Rule Resolution, enabled the Board to avoid violating our State Enabling Legislation and allow a commissioner to serve while not residing within the district.  This set off two years of legal challenges and ended with the primary election being invalidated due to an unconstitutional map used for qualifying and voting – yet the very commissioner this Resolution was set in place to protect, did not re-qualify to serve in this position, claiming higher aspirations.   In a recent hearing, which is now being appealed, it was argued that the Georgia Legislature violated a constitutional procedure – then why was a legal challenge not taken against the State and Georgia General Assembly?  Why did the county have to expend an unknown amount of taxpayer dollars to placate a novel concept that just removed an unqualified commissioner later than anticipated – all thanks to the county attorney’s office fight to defend an individual commissioner – not an office.  OCGA 16-10-4 addresses this.

OCGA 1-3-11 “No office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special act during the term for which such person was elected….”  Because of the unconstitutional Home Rule Resolution, the Chair of the Board of Commissioners is now extending the term of commissioners, compensating them with taxpayer dollars which could be considered a gratuities violation as the Board of Commissioners has not voted to approve such members to serve, and the State does not recognize them as qualified, elected officials to serve in this capacity.

The Chair is refusing to enact Sec. 2-31 Voting when vacancy exists in two or more posts.

And while the county did seek the opinion of an outside attorney as to carry over, this opinion is currently being challenged in Federal Court, and last year, the Georgia Legislature modified the term of the Public Service Commissioners to coincide with the newly ordered election.  Maybe this is because OCGA 45-2-1 Eligibility and Qualifications for Office, (8) All persons who are constitutionally disqualified for any cause.  No legislative action has been taken to enable these commissioners to extend their terms beyond the legislated four years. 

On January 10, 2023 I was wrongfully removed from this Dias for not saying a word, only abstaining from voting as the Board was acting in an unconstitutional manner – to which the courts have now concurred.  Interesting enough, the County Attorney stated to the Chair I had to be removed from the meeting, however, the law states from just that agenda item.  Here we sit today, the county attorney refusing to provide direction that is not in conflict and a Chair who is allowing this to continue. While I am being expected to participate in a potentially illegal meeting as if nothing unconstitutional occurred, now with individuals serving beyond their legal power or authority, also known as ultra vires, I would like the clerk to record this statement with each and every vote going forward starting January 13, 2025, so as not to be in violation of OCGA 45-11-10.

• OCGA 16-10-4 (b) Any officer or employee of a political subdivision who asks for or receives anything of value to which he or she is not entitled in return for an agreement to procure or attempt to procure the passage or defeat the passage of any legislation by the legislative body of the political subdivision of which he or she is an officer or employee shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $100,000.00 or by imprisonment for not less than one nor more than five years, or both.

Amended by 2010 Ga. Laws 680,§ 24, eff. 1/10/2011.

• OCGA 1-3-11 No office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special Act during the term for which such person was elected unless the same shall be approved by the people of the jurisdiction affected in a referendum on the question.
• Sec. 2-31. – Voting when vacancy exists in two or more posts.  Notwithstanding any other provisions of law to the contrary, in the event of a vacancy in two or more of the commissioner posts, a majority vote of the members present at the meeting shall be sufficient for the commission to take official action, provided that the chairman or the acting chairman has declared that an emergency exists or that there exist exigent circumstances requiring emergency action by the remaining members.  (1992 Ga. Laws (Act No. 694), page 5180, § 1)
• OCGA 45-2-1 The following persons are ineligible to hold any civil office; and the existence of any of the following facts shall be a sufficient reason for vacating any office held by such person; but the acts of such person, while holding a commission, shall be valid as the acts of an officer de facto, namely: (8) All persons who are constitutionally disqualified for any cause. All officers are eligible for reelection and reappointment and to hold other offices, unless expressly declared to the contrary by the Constitution or laws of Georgia.

OCGA 45-11-10 – Coercion of other officer or employee to give anything of value for political purposes(a) It shall be unlawful for any officer or employee of this state to coerce or attempt to coerce or command directly or indirectly any other state officer or employee to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes.(b) It shall be unlawful for any officer or employee of any county, municipal corporation, school district, or other political subdivision to coerce or attempt to coerce or command directly or indirectly any other officer or employee of such political subdivision to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes.(c) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

OCGA § 45-11-10

Jerica Richardson’s statement

Four years ago an election occurred resulting in the majority of this board assuming a position – new faces in new positions. Every census year, the legislature is to craft electoral maps.

Because there are 159 counties, the legislature is to go through the local delegations, put forward local law, and then get their local laws on the local calendar – which is like our version of a consent agenda.

This process protects the relationships that exist between state legislators and those locally elected so that state representatives who represent the area actually speak for the area they represent. This process, however, is only a gentleman’s rule. After the 2020 election, the state legislature bypassed this process and legally filed a general bill jumping over the State representatives that represent Cobb County. According to [Constituton] the map is only required to be approved by the Reapportionment Office to be valid by which it can then be passed by the General Assembly. That year, two apportionment office maps were filed by the General Assembly. HB1154 and HB1257. Only one was selected for a hearing by the Reapportionment Committee. Chaos ensued during this hearing as appropriate legal questions were surfaced by members of the local delegation and members of our Cobb County commissioner. There was legal concern that their map would force me out of office once in place. The state legislature’s legal counsel indicated the novelty of the situation and a chorus was developed of legislators and members of the community telling me to “just move” since this elected seat was specifically impacted.

It was at this moment that I turned to County staff to ask “is there not a way for the County to protect itself, because wouldn’t this affect every elected official.” The response was “we are looking into it”.

A while later after research and conversations with ACCG and legislators who were present at the creation of the latest version of the Constitution, the use of Home Rule was pursued -by which the County contended that a map was a material, and not a procedure. The Apportionment Office’s approved map HB1257 was then used under a Home Rule amendment clause. Please keep in mind that this contention has yet to be adjudicated as the Court case holding the question was thrown out.

Later, due to an unrelated case, a ruling, using knowledge based on the thrown out case, called for the cancellation of the election last year, by which the County voluntarily adopted the General Assembly. This created the vacancy by law by which I filed a challenge. That was heard and decided on New Year’s Eve at 3PM. Between then and yesterday at 1PM, all district 2 constituents had their emails forwarded and calls went to the front office. During the snow storm, there was no elected official. When the ruling came down, I learned that an appeal to a higher court was available to me as it to every person in the nation. And after much consideration, I filed that appeal. While the appeal is in place, a stay is in effect and the current acts, Act 562, and laws have me continue to sit as a defacto commissioner.

Some will say that it is unacceptable that I am sitting on this dais. I would say not having 200,000 people represented for nearly half the year is unacceptable. I would say that the right

for the General Assembly to remove elected officials at any point in their term is unacceptable. I would say that overturning elections is unacceptable. Just as some members of this Board have sewed the County for reasons they believe were important. So I also have the right to defend not just my constitutents but constituents all across this state in fighting the precendence that has been set.

This fight was never about me, but protecting American values. Checks and balances, the process of the courts, the importance of elections, the voice of the voter, and even the election that is underway to determine my successor. Protecting American values is something we all claim to want.

The courts will decide whether they hear this appeal, and if I only have 10 days to serve or 90, I will continue to show up for my constituents and serve them with excellence.

JoAnn Birrell’s statement

Good morning and Happy New Year. It’s a new year and a new day in Cobb or is it?

For me the composition of this board is the same as it was two years ago at our first meeting of the year, and as you recall Commissioner Gambrill and I who were just duly re-elected in 2022 were removed from the meeting because we disagreed with the validity of this board.

For two years the majority of this board decided to challenge the state legislative map and operated under the Home Rule Map. After several lawsuits and two court orders where the home rule map was deemed unconstitutional , the board finally in September 2024 implemented the state map and followed the law to give the District 2 Commissioner her notice to vacate her seat because she didn’t live in the district she represents.

Now we all said all along that it wasn’t fair that she was drawn out of her district in the middle of her term and state law would have allowed her to remain but our own local enabling legislation did not and the legislature has to amend our local enabling legislation related to redistricting.

A Notice to appeal was filed by the District 2 Commissioner and a court order on Dec. 31st from Judge Ann Harris stated that (and I quote) “The sole issue before the Court is whether, under the map promulgated by Act 562, Richardson remains eligible to represent District 2. After consideration of the parties’ briefs and argument, the amicus brief (filed by the AG), and the law, the Court finds that, as a result of Act 562, Richarson is no longer eligible to continue serving District 2 and the seat is vacant.”

This order is crystal clear. However, because of due process which I understand everyone has a right to, the appellant has filed an application for Discretionary appeal with the State of Georgia Court of Appeals. My question is when will this stop? Enough is enough. Taxpayers should be furious at the time spent and costs involved by the county on these actions.

After all the argument was she was drawn out of her district in the middle of her term and this will set a precident for future maps. December 31st was the last day of the 4 year term for both Districts 2 and 4.

So actually Richardson did serve her full four year term and because she filed her application to appeal she gets to stay past her term until the court decides even though she isn’t eligible and doesn’t qualify since she doesn’t live in the district she represents.

As far as the argument that this will set a precident the bottom line is when it comes to redistricting we (the County) do not have home rule powers. I have said all along the this should have never been done with out unanimous consent from the board. I have opposed this from the very beginning and I don’t agree with what is happening again but I do understand Majority Rules and in this case even in unconstitutional issues. This may be a legal method but to me it’s not right. It’s gone on long enough and it’s time to put an end ignoring the constitution and the laws of this State and County and get back to the real business of the county at hand. I as all of my colleagues took an oath to uphold the constitution and laws of the US, State of Georgia and Cobb County.

And I intend to continue to follow the law.

Monique Sheffield’s statement

Commissioner Sheffield’s Statement on Holdover 

Board of Commissioners’ Meeting – January 14, 2025 

There have been claims, narratives, and beliefs suggesting that I am unlawfully occupying my seat. However, these assertions fail to recognize the explicit provisions set forth in the Georgia Constitution and Act 562 of Cobb’s local enabling legislation. 

Both Act 562 and the County’s enabling legislation contain language indicating that Commission members will serve “for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified,” meaning that commission members serve until their successor is elected and qualified. This provision was specifically designed to prevent any interruptions in representation of our residents, ensuring that the work of the Board of Commissioners continues without disruption, even amidst political division and discord. 

In the coming months, you may hear an attempt to draw similarities between Act 562 (holdover) and OCGA Section 1-3-11 (local legislation on abolishing, shortening or lengthening term). There are considerable distinctions between the two. 

Act 562. To reiterate, refers to an official remaining in their position after their term has expired AND until a successor is elected and qualified. A holdover period typically cannot alter the length of the official’s term, as the role is temporary and tied to the delay of the proper transition, the delay in this case is a special election. 

OCGA Section 1-3-11. The law reads that no office to which a person has been elected shall be abolished nor the term of the office shortened or lengthened by local or special Act during the term for which such person was elected unless the same shall be approved by the people affected in a referendum on the question. 

Regarding impact on terms, HOLDOVER does not extend the official term, it temporarily extends the time an individual serves in the role to bridge gaps. OCGA 1-3-11 protects the integrity of the office and the TERM for which the official was elected. It directly prohibits lengthening or shortening terms by legislative action, ensuring that terms remain as originally decided by voters unless a referendum says otherwise. 

As a holdover commissioner as described in Act 562, I will retain full authority and responsibilities of the office until the successor assumes the role. The residents of this district elected me in 2020 and overwhelmingly re-elected me in 2024 to continue to serve in this capacity. 

In an era of increasing polarization, it’s important to remember that my role is not defined by partisan differences but by my commitment to serve the people of District 4. I will fulfill my duty to my community, as the law has clearly outlined, and work towards bridging divides, ensuring consistent and effective representation for all Cobb Countians.