Hearing of Complaints Against Budget Unit Employees and Proceedings Thereupon; Effect on Tenure

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Vacation of Office
  5. Hearing of Complaints Against Budget Unit Employees and Proceedings Thereupon; Effect on Tenure

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Upon information being received that any individual employed by the state government is guilty or is alleged to be guilty of irregularities, misconduct, malpractice, malfeasance, misfeasance, incompetence, incapability, or inefficiency in the conduct of his or her official duties, the head of the budget unit, department, or agency employing said person shall be notified of such charges; and if the head of the budget unit, department, or agency takes the position that the charges are unfounded and fails or refuses to discharge the individual against whom the complaint is lodged, it shall be the duty of the Governor to hear the complaint and if, in his opinion, the facts sustain the truth of the accusation, the individual shall stand discharged from state service. Nothing in this Code section shall affect the tenure of office of the elected officials of this state, nor the tenure of office of appointed officials of this state who have been confirmed by the Senate as required by law, nor the tenure of office of those employees who are subject to merit system laws and rules and regulations.

(Code 1933, § 40-424, enacted by Ga. L. 1962, p. 17, § 1.)

Cross references.

- Restriction on power of Governor and Office of Planning and Budget to strike arbitrarily name of state employee from requisition for allotment of funds or from budget of budget unit, department, or agency of state government, § 45-12-94.

RESEARCH REFERENCES

ALR.

- Personal liability of public officer for removing another officer or discharging employee, 4 A.L.R. 1371.

Conclusiveness of governor's decision in removing officers, 52 A.L.R. 7; 92 A.L.R. 998.

CHAPTER 5A TEMPORARY DISABILITIES OF ELECTED CONSTITUTIONAL EXECUTIVE OFFICERS

Sec.

  • 45-5A-1. Certification of temporary disability by Supreme Court.
  • 45-5A-2. Lieutenant Governor exercising powers and duties of Governor during temporary disability.
  • 45-5A-3. President Pro Tempore of the Senate exercising powers and duties of Lieutenant Governor during temporary disability.
  • 45-5A-4. Governor's appointment of persons to perform duties of other officers during temporary disability.
  • 45-5A-5. Supreme Court to determine when temporary disability has ended; resumption of duties upon termination of temporary disability.
  • 45-5A-6. Officer compensation during temporary disability.
Editor's notes.

- Ga. L. 1983, p. 1207, § 1, not codified by the General Assembly, provided that: "It is the intent of this Act to implement certain changes required by Article V, Section IV, Paragraph III of the Constitution of the State of Georgia."


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