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Cobb County v. Jones
Citations: 345 S.E.2d 917; 179 Ga. App. 240; 1986 Ga. App. LEXIS 1863Docket: 72053
Court: Court of Appeals of Georgia; May 29, 1986; Georgia; State Appellate Court
In a case involving Cobb County and Officer James Alex Jones, the Court of Appeals of Georgia addressed the implications of a tie vote by the Cobb County Civil Service Board regarding Jones' appeal of disciplinary actions taken against him. After an internal investigation, Jones was suspended for 30 days and had his rank reduced due to a violation of police policy related to use of force. Following a hearing on June 18, 1985, only four of the five Board members were present, resulting in a 2-2 tie vote. The Board subsequently decided to rehear the appeal to resolve the tie, prompting Cobb County to file a declaratory action in superior court insisting that the tie constituted a final decision, thereby affirming the police department's actions. The trial court ruled against Cobb County, concluding that the Board's rules did not address tie votes and that it was the Board's obligation to render a definitive decision. The court emphasized that a tie vote does not constitute an affirmation or denial of the actions under review and that the Board is permitted to interpret its rules to allow for a rehearing in such cases. The appellate court upheld the trial court's ruling, differentiating the situation from Supreme Court procedures where a tie results in affirming the lower court's decision by operation of law. Instead, the Court of Appeals indicated that the specific rules governing the Cobb County Civil Service Board required a decision to be made, and a tie vote does not meet that requirement. Consequently, the appellate court affirmed the trial court's judgment, allowing the Board to proceed with a rehearing of Jones' appeal.