Notwithstanding any other provision of Part 1 of this article or any other provision of this Code, public officers and employees who are reporters for the State Board of Workers' Compensation may, for themselves or on behalf of any business entity, when providing transcripts of records to parties under subsection (g) of Code Section 34-9-102, sell such transcripts to any agency of the state and receive compensation therefor.
(Code 1981, §45-10-42, enacted by Ga. L. 1983, p. 719, § 2.)
OPINIONS OF THE ATTORNEY GENERAL
Transcripts as state property.
- Inasmuch as the court reporters are full-time employees of the State Board of Workers' Compensation, the transcripts which are produced by those court reporters are property of the State Board of Workers' Compensation. 1986 Op. Att'y Gen. No. 86-47.
Sale of transcripts.- Court reporters for the State Board of Workers' Compensation may sell workers' compensation transcripts to state agencies at any time when providing such transcripts to a party to the case, but court reporters may not sell transcripts of workers' compensation hearings to third parties which are not state agencies. 1986 Op. Att'y Gen. No. 86-47.
PART 3 CONTRACTS OF COUNTY COMMISSIONERS WITH COUNTY
45-10-60. Requirements for sales of real property by county commissioner to county.
Notwithstanding any other provision of general or local law, a county commissioner or member of a board of county commissioners may sell real property to the county if all of the following conditions are met:
(Code 1981, §45-10-60, enacted by Ga. L. 1984, p. 619, § 1.)
PART 4 HOLDING OF ADDITIONAL OFFICES BY NONELECTIVE STATE OFFICERS OR EMPLOYEES
45-10-70. Holding office in political subdivision, political party, or political organization by nonelective state officers or employees.
No rules or regulations of any state agency, department, or authority shall prohibit nonelective officers or employees of this state from offering for or holding any elective or appointive office of a political subdivision of this state or any elective or appointive office of a political party or political organization of this state, provided that the office is not full time and does not conflict with the performance of the official duties of the person as a state employee.
(Code 1981, §45-10-70, enacted by Ga. L. 1985, p. 427, § 1.)
JUDICIAL DECISIONS
No effect on O.C.G.A. § 42-9-15. - O.C.G.A. § 45-10-70 does not expressly or impliedly repeal O.C.G.A. § 42-9-15. It is reasonable for the General Assembly to loosen its limitations on political activity for state employees generally in the first provision, while continuing to prohibit pardon and parole board members and employees from engaging in political activity in the second provision. MacKenzie v. Snow, 675 F. Supp. 1333 (N.D. Ga. 1987).
Termination not constitutional violation.- Termination of the plaintiff's position as a parole review officer of the board of pardons and paroles after the officer's election to county and state political party committees, does not violate the officer's constitutional rights of due process and equal protection or the officer's constitutionally protected rights of political speech and association. MacKenzie v. Snow, 675 F. Supp. 1333 (N.D. Ga. 1987).
OPINIONS OF THE ATTORNEY GENERAL
No effect on O.C.G.A. § 42-9-15. - O.C.G.A. § 45-10-70 does not repeal, supersede, or otherwise modify O.C.G.A. § 42-9-15 as it applies to the political activities of a full-time employee of the State Board of Pardons and Paroles since § 45-10-70 only prohibits the promulgation of rules and regulations affecting an employee's ability to engage in certain political activity. 1987 Op. Att'y Gen. No. 87-16.
Rule consistent with section.
- State Personnel Board Rules and Regulations, Section 3.500, Political Activity, as amended, are consistent with O.C.G.A. § 45-10-70. 1987 Op. Att'y Gen. No. 87-16.
Prohibited employment.- An individual may not be employed by the Georgia Bureau of Investigation Division of Forensic Sciences at the same time that the individual is a county deputy coroner. 1997 Op. Att'y Gen. No. 97-21.
Board of Regents may prohibit employees from seeking or holding state or elective office while actively employed by the University System. 1998 Op. Att'y Gen. No. 98-5.
Service as mayor and assistant district attorney.
- Because there exists a conflict between the performance of the official duties as an assistant district attorney in the Northern Judicial Circuit of Georgia and those of the mayor of Comer, Georgia, offering for or holding that elective office while employed as an assistant district attorney in the Northern Judicial Circuit of Georgia would be prohibited by O.C.G.A. § 45-10-70. 2002 Op. Att'y Gen. No. U2002-7.
RESEARCH REFERENCES
ALR.
- Validity, construction, and effect of state statutes restricting political activities of public officers or employees, 51 A.L.R.4th 702.
PART 5 FAMILY MEMBERS OF PUBLIC EMPLOYEES
Editor's notes.
- Ga. L. 2005, p. 859, § 28/HB 48, not codified by the General Assembly, provides that the provisions of that Act do not apply to any violation occurring prior to January 9, 2006.