One day after Gary Barham was laid to rest, legislation was passed at the Capitol that will have a significant impact on who succeeds him on the Henry County Board of Commissioners.
Senate Bill 22, sponsored by state Sen. Emanuel Jones, passed the Georgia House of Representatives Monday and was signed into law by Gov. Brian Kemp the same day. It has a number of provisions regarding the establishment of a board of ethics and code of ethics in the county, as well as revisions with regard to the authority and roles of the commissioners, the board chair and the county manager.
As the bill made its way through the 2021 session of the Georgia General Assembly, it was amended to include provisions regarding vacancies on the board during the middle of a commissioner’s term. These changes came to light after Barham became critically ill about a month ago.
After attending the board’s regular meeting the first week of February, Barham was in the hospital one week later. He died March 2 due to complications related to COVID-19. His funeral took place Sunday at the Ola High School football stadium.
After three decades of employment with the city of McDonough, Barham won the 2012 election for the District 3 seat on the BOC, after incumbent Randy Stamey chose not to seek a third term. Barham’s initial term was two years by design so that future elections would be in line with the District 4 and District 5 races instead of having four board seats up for grabs in the same year. Barham won re-election in 2014 and 2018.
He is the first commissioner to die in office since District 5’s Cerelle Spraggins in 1992. He was succeeded by his wife Nita and she won two subsequent full terms, serving a decade overall.
Nita Spraggins was initially appointed by the other commissioners to complete her husband’s term. It has been common for an interim commissioner to be appointed by the remainder of the board until a special election can be held. The process was as simple as having a sitting commissioner nominate someone who meets the qualifications, regardless of party affiliation, and the board taking a vote.
The process changes due to SB 22. The current board will have to receive three nominations from the Henry County Republican Party since Barham ran and was elected to office as a Republican. One of those nominees will fill his seat. Since there is more than a year remaining in Barham’s term, a special election will be required at the end of this year. It will up to the interim commissioner whether he or she wishes to run.
The change in nomination procedure is significant right now since Barham and Johnny Wilson have been the only Republicans on the six-member board. While there is a clear Democrat majority, another Democrat cannot occupy Barham’s seat until the special election at the earliest.
The issue of an interim commissioner will almost certainly be raised at the board’s March 9 regular meeting. The agenda published in advance of the meeting included a presentation on SB 22 with the possibility of the board voting on a resolution for or against the bill. Since it has already passed, it is unclear whether such a resolution will be considered.
