Coercion of Other Officer or Employee to Give Anything of Value for Political Purposes

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Miscellaneous Offenses Concerning Public Officers and Employees
  5. Coercion of Other Officer or Employee to Give Anything of Value for Political Purposes

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  1. It shall be unlawful for any officer or employee of this state to coerce or attempt to coerce or command directly or indirectly any other state officer or employee to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes.
  2. It shall be unlawful for any officer or employee of any county, municipal corporation, school district, or other political subdivision to coerce or attempt to coerce or command directly or indirectly any other officer or employee of such political subdivision to pay, lend, or contribute any part of his salary or to kick back any sum of money or anything else of value to any party, committee, organization, agency, or person for political purposes.
  3. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

(Ga. L. 1977, p. 1035, §§ 1, 2; Ga. L. 1985, p. 617, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Extortion, Blackmail, and Threats, § 6 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 369.

C.J.S.

- 35 C.J.S., Extortion, § 1 et seq.

ALR.

- Construction and scope as regards purpose or object for which funds are solicited or received, of statute prohibiting solicitation or acceptance of subscriptions or contributions by public officers or employees, 85 A.L.R. 1146.

Construction and application of § 2C1.1 of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615.

CHAPTER 12 GOVERNOR Article 1 General Provisions.
  • 45-12-1. Election.
  • 45-12-2. Inauguration.
  • 45-12-3. Entry of inauguration upon House journal; evidence of Governor's right, title, eligibility, and qualification.
  • 45-12-4. Oath of office.
  • 45-12-5. Seal.
  • 45-12-6. Executive office; Governor's residence.
  • 45-12-7. Resignation; vacancy due to other causes; Lieutenant Governor to take oath; procedure.
Article 2 Powers and Duties Generally.
  • 45-12-20. Grant of commissions.
  • 45-12-21. Issuance of warrants for payments from treasury.
  • 45-12-22. Suspension of collection of taxes.
  • 45-12-23. Incapacity of Commissioner of Insurance.
  • 45-12-24. Proceedings upon cessation of incapacity; payment of salary of officer during period of incapacity.
  • 45-12-25. Books of record to be maintained by Governor.
  • 45-12-26. Defense of action in which state has interest.
  • 45-12-27. Calling out militia to execute laws.
  • 45-12-28. Calling out militia for defense of state in case of invasion or insurrection.
  • 45-12-29. Powers to prevent violence and maintain order - General authority.
  • 45-12-30. Powers to prevent violence and maintain order - Proclamation of emergency; issuance and enforcement of orders.
  • 45-12-31. Powers to prevent violence and maintain order - Filing of proclamation; powers of Governor over civil and military officials generally.
  • 45-12-32. Powers to prevent violence and maintain order - Promulgation and enforcement of emergency rules and regulations.
  • 45-12-33. Powers to prevent violence and maintain order - Publishing and posting of emergency rules and regulations.
  • 45-12-34. Powers to prevent violence and maintain order - Enforcement of rules and regulations.
  • 45-12-35. Reward for detection or apprehension of perpetrators of felonies or cattle, horse, or swine thieves.
  • 45-12-36. Reward for information leading to identification, apprehension, and conviction of persons who cause the death of a law enforcement officer.
  • 45-12-37. Reward for information leading to arrest and conviction of person selling dangerous or narcotic drugs generally; rewards by counties and municipalities.
  • 45-12-38. Temporary transfer of institution between departments or agencies authorized; special report to General Assembly.
  • 45-12-39. Annual report to General Assembly on administration's policies and goals.
  • 45-12-40. Cooperation with other states on federal grants.
  • 45-12-41. Governor's delegation of powers under applicable federal transportation planning and air quality laws and regulations.
Article 3 Appointments and Vacancies.
  • 45-12-50. Duty to appoint officers and fill vacancies.
  • 45-12-51. General power to engage services of any person.
  • 45-12-52. Filling of vacancies when advice and consent of Senate required; interim appointment.
  • 45-12-53. Appointments not subject to Senate confirmation.
  • 45-12-54. Appointments to boards, commissions, and bureaus subject to Senate confirmation.
  • 45-12-55. Governor authorized to appoint attorneys as executive counsel; compensation.
  • 45-12-56. Appointment of secretaries and clerical personnel; compensation.
  • 45-12-57. Governor's messenger - Authority to appoint; compensation.
  • 45-12-58. Governor's messenger - Duties.
  • 45-12-59. Governor's messenger - Special messenger.
  • 45-12-60. Payment of compensation of persons whose compensation not prescribed.
  • 45-12-61. Campaign contributions and judicial appointments.
Article 4 Office of Planning and Budget. Part 1 MANAGEMENT OF BUDGETARY AND FINANCIAL AFFAIRS.
  • 45-12-70. Short title.
  • 45-12-71. Definitions.
  • 45-12-72. Establishment of Office of Planning and Budget; general provisions.
  • 45-12-73. Powers and duties generally.
  • 45-12-74. Budget report - Preparation and submission to General Assembly.
  • 45-12-75. Budget report - Contents and form.
  • 45-12-75.1. Zero-base budgeting; intent; departmental priority lists [Repealed].
  • 45-12-76. Limitations on appropriations by General Assembly; supplementary appropriations.
  • 45-12-77. Requirement of emergency appropriation; manner of allocation.
  • 45-12-78. Heads of budget units to submit annual estimates; preparation and submission of budget estimates of legislative and judicial agencies; review of budget estimates by Office of Planning and Budget.
  • 45-12-79. Governor to examine estimates and make revisions; budget report printing and transmission to General Assembly; examination of report by Governor-elect and his designated budget representatives.
  • 45-12-80. Appropriations Act to adopt financial plans; effect of annual appropriation Acts; supplementary appropriations Acts; submission of budget to Office of Planning and Budget.
  • 45-12-81. Procedure and restriction for expenditures by state and budget units thereof.
  • 45-12-82. Periodic work programs to be filed; funds not to be allotted until program approved; content and form of program; amendment of program; filing of copies of program.
  • 45-12-83. Requirement of filing of requests by budget units for allotment of funds; time and form of requests.
  • 45-12-83.1. Display of state flag by agencies.
  • 45-12-84. Review of periodic work programs and requests for allotment of funds generally.
  • 45-12-85. Examination and investigation of periodic work programs and requests for allotment of funds.
  • 45-12-86. Governor authorized to require state agencies to reserve specified appropriations for budget reductions and withhold a percentage of agency allotments to maintain spending within actual revenues.
  • 45-12-87. Requirement of authorization of payments and obligation; liability of persons authorizing payments or receiving payments.
  • 45-12-88. Budget units to furnish information to Budgetary Responsibility Oversight Committee before instituting new programs.
  • 45-12-89. Appropriations not expended or obligated at end of fiscal year to lapse.
  • 45-12-90. Disposition of appropriation for duties, purposes, and objects which have been transferred.
  • 45-12-91. Federal funds received by state continually appropriated.
  • 45-12-92. Revenue collections to be paid to state treasury on monthly basis; effect of failure of budget unit to comply with Code section; user fee defined; reporting.
  • 45-12-92.1. Fees which are not revenue measures; utilization of proceeds.
  • 45-12-92.2. Definitions; procedures involving solid waste disposal surcharge and tire disposal fees; conditions; appropriation.
  • 45-12-93. Revenue shortfall reserve; reservation of surplus state funds; appropriation and release of funds; limitations.
  • 45-12-94. Striking of name of employee from requisition for allotment of funds.
  • 45-12-95. Duty of Office of Planning and Budget to encourage state agencies to identify and implement cost-saving measures and to decentralize state government.
Part 2 Review of Applications for Federal Assistance and State Contracts. Subpart 1 Federal Assistance. Subpart 2
  • 45-12-110. Notification of intention to apply for federal assistance; adoption and promulgation of rules and regulations and forms.
  • 45-12-111. Legislative budget analyst to analyze impact of proposed federal assistance project; forwarding of copy of analysis to General Assembly members.
  • 45-12-112. Duties of director of Office of Planning and Budget.
State Contracts. Part 3
  • 45-12-130. State contracts over $5,000.00 voidable without certain approval.
  • 45-12-131. Office of Planning and Budget to review and approve contracts; exempting of contracts.
  • 45-12-132. Contracts exempt from subpart.

G

EORGIA DATA ANALYTIC CENTER

  • 45-12-150. Definitions.
  • 45-12-151. Capabilities and operation of Georgia Data Analytic Center; procurement of technology and services; disclosure of individual identifiable data.
  • 45-12-152. Oversight.
  • 45-12-153. Access to data.
  • 45-12-154. Reporting to General Assembly.
  • 45-12-155. Funding sources.
Part 4 STATE PLANNING AND DEVELOPMENT.
  • 45-12-170. Office of Planning and Budget to perform planning and development function; powers and duties generally; recommendations of planned communities for state development assistance [Repealed].
  • 45-12-171. Office to be principal state agency for coordinating development, demographic data, statistical coordination, and federal programs; applications for and receipt of financial assistance.
  • 45-12-172. Office to review and comment on proposed development programs and serve as liaison with levels of government.
  • 45-12-173. Office to promote state development; duties of Governor; employment of personnel; furnishing of advice and assistance by other state officials.
  • 45-12-174. Development functions of office generally.
  • 45-12-175. Preparation of long-range development plans by office; designation of planning officer or representative by departments, agencies, or institutions.
  • 45-12-176. Preparation and maintenance of inventory of federal programs and projects; filing of plans with office.
  • 45-12-177. Office to review and establish state goals and policies; Governor to prepare annual policy document reflecting state strategic plan.
  • 45-12-178. Ongoing review by Governor of all programs and functions in state government.
Article 5 Gubernatorial Transition.
  • 45-12-190. Short title.
  • 45-12-191. Legislative intent and purpose of article.
  • 45-12-192. "Governor-elect" defined.
  • 45-12-193. Services and facilities to be provided to Governor-elect; compensation of staff members; limitation on expenditure of funds; designation of assistant to make designation or findings of necessity.
  • 45-12-194. Services and facilities to be provided to former Governor.
  • 45-12-195. Appropriation of funds for gubernatorial transition.
Article 6 Planning and Development.
  • 45-12-200. Legislative findings and purpose.
  • 45-12-201. Definitions.
  • 45-12-202. Governor's Development Council created.
  • 45-12-203. Council membership; chair; meetings.
  • 45-12-204. Powers and duties of council.
  • 45-12-205. Attachment to Department of Community Affairs; technical support.
  • 45-12-206. Cooperation of state agencies, counties, municipalities, and other political subdivisions with council.
  • 45-12-207. Construction of article.
Cross references.

- Constitutional provisions relating to Governor, see Ga. Const. 1983, Art. V, Sec. I and Sec. II.

Penalty for unauthorized display of sign, tag, or other item, on motor vehicle so as to convey impression that owner of motor vehicle is member of Governor's staff, § 45-1-3.

Organization of executive branch of state government generally, T. 50, C. 4.

OPINIONS OF THE ATTORNEY GENERAL

Correctional industries administration is "authority" and not "budget unit."

- The Georgia Correctional Industries Administration is an authority and is not a "budget unit" required to request and follow a budget established by appropriations in accord with the Budget Act. 1989 Op. Att'y Gen. No. 89-56.

ARTICLE 1 GENERAL PROVISIONS


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