Quo Warranto Claim Against Local BOE Members Dismissed

Petitioner filed an action seeking a writ of quo warranto to remove two County Board of Education members, alleging their service violated the State’s anti-nepotism statute. Under the statute, as applied by the Georgia Department of Education’s regulations, no person may serve on a local board of education who has an immediate family member service as “system administrative staff in the local school system.”

The petitioner alleged that the members were ineligible to serve on the board because their sons were employed by the school district. However, the petitioner presented no evidence that the sons were “system administrative staff.” The Court noted that, while the sons were “director of CTA” and “director of technology,” the petitioner presented no evidence “concerning the “concerning the Board’s definition of ‘system administrative staff.'”

Since the petitioner bore the burden of proof to support a writ of quo warranto, the petition was dismissed on a directed verdict.

Cagle v. Carruth, — Ga. App. –, A24A1482, 2025 WL 781377 (Mar. 12, 2025).

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