Establishment by Commissioner of Divisions Within Department of Labor; Appointment, Fixing of Salaries and Duties, and Removal of Employees

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  1. The Commissioner of Labor may establish within the Department of Labor such divisions as he may deem necessary for the exercise of the powers and the performance of the duties of the department, except as otherwise provided.
  2. The Commissioner is authorized and empowered to appoint a secretary, the heads of all divisions, and such other employees as may be needed and to assign them their duties and fix their annual salaries; provided, however, that no appointment shall be made whereby the aggregate salaries of the appointees are in excess of the amount appropriated by the General Assembly for salaries within the Department of Labor. The Commissioner may remove from office any officer or employee in the department, upon notice and hearing, for neglect of duty or malfeasance in office.

(Ga. L. 1937, p. 230, § 8; Ga. L. 1950, p. 9, § 2; Ga. L. 1975, p. 198, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Commissioner's power to remove personnel.

- The provision in Ga. L. 1937, p. 230, § 8 (see now O.C.G.A. § 34-2-4(b)) providing for the commissioner's removing from office any officer or employee in the department has been repealed by the former Merit System Act. 1945-47 Op. Att'y Gen. p. 355.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 19, 169 et seq., 173 et seq., 241 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 17, 228 et seq.


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