Hephzibah ex-commissioner wins appeal to his ouster

A Hephzibah city commissioner who refused to accept his ouster won his appeal this week.

In an opinion issued Tuesday, the Georgia Court of Appeals ruled that former Judge Neal W. Dickert wrongly sided with a majority of Hephzibah commissioners that they had the right to remove Peter Ciccio from his seat in 2006.

Mr. Ciccio was ousted Nov. 10, 2006. It followed his guilty plea to a theft charge in Richmond County Superior Court.

Mr. Ciccio admitted he knew or should have known that he bought a stolen tractor without a bill of sale or keys.

Although a felony conviction will lead to the removal of an elected official, Mr. Ciccio's guilty plea isn't a conviction because he pleaded guilty under the state First Offender's Act.

If he successfully completes probation no conviction will ever be on his record.

His fellow commissioners still voted him out because they believed he violated the state's ethics code for misleading everyone about his guilt for three years.

Mr. Ciccio's attorney, Freddie Sanders, argued that Mr. Ciccio could not be punished because he stood on his right to maintain his innocence and requested a jury trial.

The appeals court ruled that the guilty plea to receiving stolen property had nothing to do with Mr. Ciccio's role as a public official. Because it didn't, he was not guilty of malfeasance in office.

"While we do not condone (Mr.) Ciccio's conduct, his acts did not subject him to removal pursuant to the terms of the (city's) charter, but would have been more appropriately the subject of a recall petition," the court opinion reads.

Mr. Ciccio never accepted the commission's ouster or even Judge Dickert's ruling in June. He continued to attend commission meetings, voice opinions and vote.

The issue is dead now. Mr. Ciccio's term ended with the new year, and he opted not to run for re-election.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.