FULTON COUNTY, GA (CBS ATLANTA) -
Fulton County's Election Chief is out of a job Monday after he spent time in jail for violating his probation related to a 2009 DUI.
The Fulton County Board of Registration and Elections met Monday to discuss Director Samuel Westmoreland's job.
The board voted to accept Westmoreland's unconditional resignation and stated that if he were to withdraw his resignation, he would be terminated immediately.
"Why did we accept his resignation? It really has to deal with liability issues," said Board Chairman Dr. Roderick Edmond.
Westmoreland was supposed to be released from the Fulton County Jail Monday after he spent 10 days behind bars when he failed to appear for a Sept. 10 court date related to a DUI charge in Fulton County, but he will remain there on a hold from Laurens County.
Westmoreland's problems started on Sept. 15, 2008 when a state trooper stopped him for disregarding a traffic device in Laurens County and causing a wreck with a tractor trailer.
On Dec. 23, 2009, Alpharetta police arrested Westmoreland after he made a U-turn on GA 120 and failed a field sobriety test.
Westmoreland pleaded guilty to DUI and disregarding a traffic control device on March 23, 2012 in relation to the Laurens County charge.
Sentencing was deferred and Westmoreland was allowed to enter the drug court program as a pre-trial diversion.
Westmoreland was given 30 days to enroll in drug court from the time of his guilty plea, which he did not.
His case was scheduled for Aug. 22, 2012, but the hearing was continued until Sept. 10, 2012 at Westmoreland's request.
Westmoreland failed to appear for the status hearing, so a bench warrant was issued by the court at the request of the District Attorney's Office.
On Sept. 14, Westmoreland was picked up by Fulton County police after a judge revoked his probation on the 2009 DUI charge because he did not fulfill terms of his probation.
"It was our understanding that his sentencing was complete and the circumstances of those two DUIs were resolved," Edmond said.
Edmond said Westmoreland deceived the board members.
"The fact that his probation had been revoked, that there was a hearing July 19, 2012, no one on the board knew about that. No one knew there was a sentencing coming up on Sept. 14 and no one knew he was in jail until we saw his mug shot on television," Edmond said.
The board named the Department of Registration and Election's Registration Chief Sharon Mitchell as acting interim director while a search is conducted for a permanent replacement.
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Samuel Westmoreland
