Resident: Lawsuit Against Roswell Mayor Can Proceed

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Roswell, GA -- It appears the court system will hash out whether Roswell Mayor Jere Wood can remain in office.

That’s according to resident Michael Litten, who said a Fulton County Superior Court judge on Thursday ruled his lawsuit to oust Wood from office can move forward.

Litten’s lawsuit contends Wood violated Roswell’s charter when he decided to seek a third, four-year term as mayor in 2005.

Litten, who said Wood has 30 days to respond to the ruling, was pleased with Thursday’s “groundbreaking” decision.

“It’s great that this will get its day in court,” he added.

Litten contends the city amended Chapter 3, Section 50 of its charter in 2010 to disqualify anyone who has served three or more four-year terms to run for the office of mayor.

The section does state “no person who has been elected to three or more four-year terms of office as mayor shall be eligible for election to the office of mayor.”

According to minutes provided by the city of the Jan. 20, 2010, City Council meeting, the resolution to impose term limits had to be approved by the Georgia General Assembly. When Council member Jerry Orlans asked if the current term could be applied retroactively rather than starting after that tenure, City Attorney David Davidson said no because “when a law is created, it cannot go backwards.”

Davidson added that the limits would go into effect after Wood’s term.

While the city has stated it does not comment on pending litigation, Mayor Wood used social media to encourage residents to voice their support for his tenure at the City Council’s Jan. 25 meeting.

“I need your support to amend the charter and fix this error so I can continue to serve as your mayor,” he said, adding the city’s intent was not for the change to be retroactive.

Wood was first elected in 1997 and was subsequently re-elected in 2001, 2005, 2009 and 2013.

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