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Final Copy 291 Ga. 227

S12A0492. NORTHWAY v. ALLEN et al. BENHAM, Justice.
Appellant Mayor Jeffrey Northway was elected mayor of the City of Springfield, Georgia in November 2009 and took office in January 2010. In October 2010, an ethics complaint and investigation was initiated against him before the City's ethics committee. On November 22, 2010, before the ethics investigation was completed, appellees, who are members of the Springfield City Council, voted in a private executive session to ask for appellant's resignation pursuant to Section 45 of

the City of Springfield's Charter. Appellant refused to resign. Section 45 of the City of Springfield's Charter states in pertinent part: . . . should the mayor or any member of the city council be guilty of malpractice in office, willful neglect of duty, gross and willful abuse of the powers entrusted to them or for any reason become incompetent or unfit to fill such office, in the judgment of any four members of council then and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of council jointly, to bring a rule against such offending officer setting up the charges against him before the judge of the Superior Court of Effingham County . . . and the said judge of the Superior Court is hereby granted power and authority to pass upon said rule, and may in his judgment, remove the officer there in charge and declare the office vacant, and this judgment shall be final.

After appellant refused to resign, appellees petitioned the superior court for appellant's removal pursuant to Section 45. The petition for removal set forth
seven enumerations as the basis for the action. Paragraph one claimed proper jurisdiction and venue, paragraph four quoted Section 45, and paragraph seven prayed for relief from the trial court

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