Investigation of All State Employees Prior to Appointment or Employment; Questionnaire; Promulgation of Orders, Rules, and Regulations

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Against Public Order and Safety
  5. Treason and Other Subversive Activities
  6. Sedition and Subversive Activities
  7. Investigation of All State Employees Prior to Appointment or Employment; Questionnaire; Promulgation of Orders, Rules, and Regulations

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  1. Every person and every board, commission, council, department, or other agency of the state or any political subdivision thereof which appoints, employs, or supervises in any manner the appointment or employment of public officials or employees shall establish, by rules, regulations, or otherwise, procedures designated to ascertain before any person, including teachers and other employees of any public educational institution in this state, is appointed or employed, that he is not a subversive person and that there are no reasonable grounds to believe such person is a subversive person. In the event such reasonable grounds exist, he shall not be appointed or employed. In securing any facts necessary to ascertain the informationrequired by this Code section, all applicants and employees shall be required to sign a written statement or questionnaire containing answers to such inquiries as may be material and containing the following questions:
    1. Full name including maiden name, names of former marriages, former names changed legally or otherwise, aliases, and nicknames, and the dates used;
    2. Address;
      1. Are you now or have you been within the last ten years a member of any organization which to your knowledge at the time of membership advocates or has as one of its objectives the overthrow of the government of the United States or of the government of the State of Georgia by force or violence? Yes ____ No ____. If "Yes," state the name of the organization and your past and present membership status including any offices held therein.
      2. If the answer to (A) is "Yes" and the employing authority deems further inquiry necessary, you will be notified of such determination. No action adverse to your application will be taken because of an affirmative answer until after such an inquiry, with notice to you and an opportunity for you to present evidence, and only if the result of such inquiry brings your application within the prohibition within the "Sedition and Subversive Activities Act of 1953."
      1. Have you ever been convicted or are any charges now pending against you by federal, state, or other law enforcement authorities, for any violation of any federal law, state law, county or municipal law, regulation, or ordinance? (Do not include anything that happened before your sixteenth birthday. Do not include minor traffic violations for which a fine of $35.00 or less was imposed. All other convictions must be included even if they were pardoned.) Yes ____ No ____.
      2. If the answer to (A) is "Yes," state the reason convicted, the date convicted, and the place where convicted.
  2. The written statement or questionnaire shall contain notice that it is subject to the penalties of false swearing.
  3. The Governor is authorized to make appropriate orders, rules, and regulations to effectuate the purposes of Code Section 16-11-12, this Code section, and Code Section 16-11-14.

(Ga. L. 1953, Jan.-Feb. Sess., p. 216, § 11; Ga. L. 1953, Nov.-Dec. Sess., p. 73, § 7; Ga. L. 1974, p. 411, § 1; Ga. L. 1992, p. 6, § 16.)

Cross references.

- Loyalty oath for state employees, § 45-3-11 et seq.

Law reviews.

- For comment on Baggett v. Bullitt, 377 U.S. 360, 84 S. Ct. 1316, 12 L. Ed. 2d 377 (1964), see 2 Ga. St. B.J. 123 (1965).


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