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The Fairburn City Council voted Monday night to hire outside legal counsel to advise on a possible impeachment proceedings against Councilwoman Samantha Hudson, marking the most serious escalation yet in a prolonged clash between Hudson and city leadership.
The measure was taken after the city attorney recused himself given the nature of the case.
The move comes as Hudson has filed two lawsuits against the city in the last month, including one on Sept. 22 accusing Mayor Mario Avery and other officials of blocking her access to city records she says she needs to cast informed votes as an elected fiduciary.
A second lawsuit, filed Oct. 7, seeks to halt her impeachment and alleges she was denied due process when the city’s Ethics Board voted 5-1 on Sept. 30 to recommend her removal while she was out of the country.
Hudson’s first lawsuit argues that Georgia law treats individual councilmembers as fiduciary trustees of the public and therefore grants them an independent right, separate from the Open Records Act or a majority council vote, to access unredacted city records needed to perform their duties.
The second lawsuit alleges the city violated her constitutional due process rights by moving ahead with impeachment proceedings after giving her only about ten days’ notice by email instead of formal written service.
Hudson, elected in November 2023, said city officials have intentionally shut her out of information relating to contracts, spending and administrative decisions. In a public statement posted in August, she wrote, “I will not be silenced for asking questions and demanding transparency.”
City officials have not publicly commented on the council’s vote Monday night beyond confirming it authorizes the retention of outside counsel specifically for the purpose of impeachment proceedings. The vote follows months of friction between Avery and Hudson, who has frequently abstained from voting on city matters, citing lack of access to records.
Hudson’s first lawsuit argues that Georgia law recognizes individual councilmembers as trustees of the public and entitles them, independent of an Open Records Act request or a majority council vote, to access unredacted records necessary to perform their duties. The second lawsuit claims the city violated constitutional due process standards by allowing impeachment proceedings to move forward with effectively ten days’ notice delivered by email rather than by formal written service.
No impeachment vote has yet been scheduled by the council. Both lawsuits remain pending in Fulton County Superior Court.
