Composition of Classified and Unclassified Service; Effect of Exclusion From Classified Service on Eligibility for Membership in Employees' Retirement System of Georgia; Working Test Period Before Obtaining Rights of Appeal

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Personnel Administration
  5. General Provisions
  6. Composition of Classified and Unclassified Service; Effect of Exclusion From Classified Service on Eligibility for Membership in Employees' Retirement System of Georgia; Working Test Period Before Obtaining Rights of Appeal

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  1. Any officer or employee who occupied a classified position under the State Personnel Administration prior to July 1, 1996, or as provided in Code Section 15-11-69 shall remain in the classified service so long as such officer or employee shall remain in a classified position or as otherwise provided by law. Employees in the classified service shall have, upon completing a working test period, appeal rights as provided in Code Sections 45-20-8 and 45-20-9.
  2. Reserved.
  3. Exclusion from the classified service shall not exclude any employee, officer, or official from eligibility for membership or membership in the Employees' Retirement System of Georgia, provided that such employee, officer, or official is otherwise eligible for membership under Chapter 2 of Title 47.
  4. It is the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain rights of appeal and that the successful completion of this probationary period is part of the employment examination procedure. Each employee serving in a working test period shall be provided with management review by the appointing authority within ten calendar days of the date the employee has completed one-half of the working test period or as near to such date as is practicable. The management review shall include an evaluation of the employee's progress and recommendations, if any, for corrective action. The provision of management review pursuant to this subsection is solely for the purpose of promoting efficient management and employee development and shall not be interpreted as granting any additional rights to a working test employee. The State Personnel Board shall be responsible for adopting and amending rules and regulations establishing the guidelines to be used by the appointing authority in completing the management review pursuant to this subsection.

(Ga. L. 1975, p. 79, § 6; Ga. L. 1976, p. 1547, § 6; Ga. L. 1989, p. 279, § 1; Ga. L. 1996, p. 684, § 3; Ga. L. 2000, p. 1258, § 4; Ga. L. 2008, p. 546, § 6/SB 230; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 1-1/HB 642; Ga. L. 2013, p. 294, § 4-53/HB 242.)

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

JUDICIAL DECISIONS

Employment reclassification with adverse racial impact not implemented.

- The supremacy clause of the United States Constitution prohibited the state from implementing an employment reclassification proposal which was flawed and likely to have an adverse racial impact. Williams v. Ledbetter, 685 F. Supp. 247 (M.D. Ga. 1988).

Cited in State v. O'Neal, 155 Ga. App. 870, 273 S.E.2d 631 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Employment retention rights.

- Permanent, classified employees holding positions of a class which is one of a series of related classes in the competitive area of a reduction in force may, under certain conditions, have greater employment retention rights in a reduction in force than such employees holding positions of a class which is not one of a series of related classes. 1975 Op. Att'y Gen. No. 75-75.

Housekeepers of DOD are state employees.

- Housekeepers of Department of Defense are state employees. As state employees, housekeeping personnel are entitled to the benefits authorized under the State Merit System and other laws upon compliance with the terms of participation. 1993 Op. Att'y Gen. No. 93-4.

Compensation of employee, demoted upon return to classified service because former position no longer exists.

- Employee who is returned to classified service pursuant to former subsection (d) of this section (deleted in 1996) and whose former position no longer exists in classified service resulting in demotion will be compensated on lower pay grade assigned to the employee's new classification. 1981 Op. Att'y Gen. No. U81-35.

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Civil Service, § 19 et seq.

C.J.S.

- 67 C.J.S., Officers, § 13.

ALR.

- Applicability of civil service rules as affected by attempt to enter into contract with one rather than appoint him to office or position, 111 A.L.R. 1509.


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