Duty of Incumbent to Deliver Office Property to Successor - Failure to Deliver Office Property

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Powers and Duties Generally
  5. Duty of Incumbent to Deliver Office Property to Successor - Failure to Deliver Office Property

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After the expiration of his term, if any officer shall willfully and unlawfully withhold or detain from his successor the books, papers, or other office property belonging to his office or if he shall mutilate, destroy, take away, or otherwise prevent the complete possession by his successor of such books, papers, or other office property, then he shall be guilty of a misdemeanor.

(Laws 1833, Cobb's 1851 Digest, pp. 805, 806; Code 1863, § 4368; Code 1868, § 4406; Code 1873, § 4474; Code 1882, § 4474; Penal Code 1895, § 283; Penal Code 1910, § 287; Code 1933, § 89-9905.)

RESEARCH REFERENCES

C.J.S.

- 76 C.J.S., Records, § 37.

CHAPTER 7 SALARIES AND FEES Article 1 General Provisions.
  • 45-7-1. Payment for personal services by state departments.
  • 45-7-2. Compensation of state official for serving in ex officio position.
  • 45-7-3. Compensation of state officials designated in Code Sections 45-7-4, 45-7-20, and 45-7-21; reimbursement of members of General Assembly serving on advisory boards and similar entities of the executive and judicial branches.
  • 45-7-4. Annual salaries of certain state officials; cost-of-living adjustments.
  • 45-7-5. Compensation of Lieutenant Governor.
  • 45-7-6. Members of boards and other public entities not to be paid for more than one meeting per day.
  • 45-7-7. Compensation and allowances of certain officials not to be changed without giving public notice.
  • 45-7-8. Officer dismissal for charging or taking fees not allowed or for services not performed.
  • 45-7-9. Compensation for line-of-duty injuries of full-time state employees; exceptions.
Article 2 Reimbursement of Expenses.
  • 45-7-20. Reimbursement of travel costs for certain officials.
  • 45-7-21. Expense allowance and travel cost reimbursement for members of certain boards and commissions.
  • 45-7-22. Reimbursement for relocation expenses - Authorization generally.
  • 45-7-23. Reimbursement for relocation expenses - Conditions.
  • 45-7-24. Reimbursement for relocation expenses - Rules, regulations, and policies.
  • 45-7-25. Advance travel funds - Employee trust accounts authorized.
  • 45-7-26. Advance travel funds - Rules and regulations for accounting of funds.
  • 45-7-27. Advance travel funds - Accounting and reimbursement of unused funds.
  • 45-7-28. Advance travel funds - Lien when employee fails to file accounting or reimburse funds.
  • 45-7-28.1. Employee travel reimbursement; rules and regulations to be issued by the Department of Audits and Accounts and the Office of Planning and Budget [Repealed].
  • 45-7-29. Reimbursement for expenses of lodging and air fare - Supporting documentation required.
  • 45-7-30. Reimbursement for expenses of first-class air fare.
  • 45-7-31. Reimbursement for expenses - Per diem allowances.
  • 45-7-32. Unlawful use of travel advance received from public funds for nongovernmental purposes; fraudulent request for reimbursement of expenses; penalty for violations.
  • 45-7-33. Reimbursement for expenses in filing application for commercial driver's license.
  • 45-7-34. Rules and regulations for administering reimbursement programs.
Article 3 Salary Deductions.
  • 45-7-50. Deductions for United States savings bonds.
  • 45-7-51. Deductions for payment of insurance premiums.
  • 45-7-52. Deductions for payments to credit unions.
  • 45-7-53. Deductions for payment of parking and van pool fees.
  • 45-7-54. Voluntary contributions by state government employees through payroll deductions to certain not for profit organizations.
  • 45-7-55. Deductions for transit passes and other fare media.
  • 45-7-56. Deductions for purchase of personal computing and computer related equipment.
  • 45-7-57. Deduction from wages for contributions into savings trust accounts.
Article 4 Disclosure of Professional Services Fees.
  • 45-7-70. Purpose of article.
  • 45-7-71. Professional services fees to be identified in financial records.
  • 45-7-72. Statements or reports to Attorney General and state auditor.
  • 45-7-73. State auditor to prescribe form and date for submission of reports.
  • 45-7-74. State auditor to provide report of fees to various state officials.
Article 5 State Commission on Compensation.
  • 45-7-90. Creation; purpose.
  • 45-7-91. Composition; qualifications, appointment, vacancies of members.
  • 45-7-92. Oath; expenses of members; meetings generally.
  • 45-7-93. Organizational meeting; employment of staff.
  • 45-7-94. Commission to make comparative study of compensation.
  • 45-7-95. Commission to file written report of recommended compensation.
  • 45-7-96. Construction of article.
Article 6 Temporary Furloughs.
  • 45-7-110. Criteria for order; notice; applicability; effect of other laws; effect on retirement or pension system; repealer [Repealed].
Cross references.

- Authority of General Assembly to prescribe compensation and allowances for executive officers, Ga. Const. 1983, Art. V, Sec. III, Para. III.

ARTICLE 1 GENERAL PROVISIONS

OPINIONS OF THE ATTORNEY GENERAL

Waiver of compensation.

- An elected public official cannot waive the compensation of that office established by law. 1985 Op. Att'y Gen. No. 85-13.

RESEARCH REFERENCES

ALR.

- Constitutional provision against increasing compensation during term of office as applicable where new duties are imposed on officer after taking office, 51 A.L.R. 1522; 170 A.L.R. 1438.

Validity and effect of agreement by public officer or employee to accept less than compensation or fees fixed by law, or of acceptance of reduced amount, 118 A.L.R. 1458; 160 A.L.R. 490.

Constitutional or statutory limitation of compensation of public officer as applicable to one in governmental service who is paid in whole or part from funds not derived from taxation, 135 A.L.R. 1033.

Constitutional provision against increase in compensation of public officer during term of office as applicable to statute providing for first time for compensation for office, 144 A.L.R. 685.

Constitutional or statutory inhibition of change of compensation of public officer as applicable to one appointed or elected to fill vacancy, 166 A.L.R. 842.

Payment of salary to de facto officer or employee as defense to action or proceeding by de jure officer or employee for salary, 64 A.L.R.2d 1375.

Payroll records of individual government employees as subject to disclosure to public, 100 A.L.R.3d 699.


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