In a recent government meeting, significant legal concerns were raised regarding the removal process of members from the Clayton County Development Authority. Attorney Reed highlighted the necessity of adhering to Georgia state statutes, specifically OCGA 45-10-4, which mandates a 30-day notice period before any removal can occur. This due process requirement was reportedly not followed in the current case, raising questions about the legitimacy of the proposed removals.

The discussion centered on allegations that the board's actions were an attempt to circumvent established legal protocols for ethical reasons, rather than following the proper statutory procedures. Attorney Reed emphasized that the governor holds exclusive authority to remove members from the development authority, and any attempt by the board to assume this power violates both the Georgia Constitution's uniformity clause and the separation of powers doctrine.

Further complicating the matter, it was noted that the ordinance in question, referred to as 2-56, was deemed unconstitutional as it improperly substituted the board of commissioners for the governor in matters of ethics. This substitution was argued to undermine the established legal framework and the integrity of the governance structure.

The meeting also addressed the lack of proper notice regarding hearings for removal, with the initial notification failing to meet the 30-day requirement. Although a subsequent notice was issued, it only partially complied with the necessary legal standards for the Urban Redevelopment Agency, further complicating the situation.

As the meeting concluded, the implications of these legal interpretations were clear: any actions taken against the development authority members without proper adherence to state law could lead to significant legal challenges and questions about the authority's governance. The board's resolution passed on October 15 was specifically called into question, with calls for a thorough review of the legal frameworks governing such removals.