Compensation and Allowances of Certain Officials Not to Be Changed Without Giving Public Notice

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Salaries and Fees
  5. General Provisions
  6. Compensation and Allowances of Certain Officials Not to Be Changed Without Giving Public Notice

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  1. The compensation or allowances of the officials listed in subsection (b) of this Code section shall not be changed by the governing board or body having the authority to do so unless public notice of such proposed action and amount shall have been given at least 30 days prior to the date such board or body shall consider such action and unless notice of such proposed change shall have likewise been given to the Governor by the board or body at least 30 days prior to the date of such proposed change.
  2. Subsection (a) of this Code section shall apply to the compensation and allowances of the commissioner of community affairs, the director of the Employees' Retirement System of Georgia, the director of the State Forestry Commission, the director of the Georgia Bureau of Investigation, the executive director of the Georgia Franchise Practices Commission, the commissioner of human services, the commissioner of economic development, the commissioner of natural resources, the commissioner of public safety, the chancellor of the University System of Georgia, the president or executive director of the Georgia Student Finance Commission, the executive director of the State Soil and Water Conservation Commission, the executive secretary-treasurer of the Teachers Retirement System of Georgia, the commissioner of transportation, and the executive director of the Georgia Government Transparency and Campaign Finance Commission.

(Ga. L. 1979, p. 392, §§ 1, 2; Ga. L. 1988, p. 269, § 28; Ga. L. 1989, p. 1641, § 10; Ga. L. 2002, p. 415, § 45; Ga. L. 2004, p. 690, § 15; Ga. L. 2005, p. 599, § 8/SB 146; Ga. L. 2009, p. 453, § 2-4/HB 228; Ga. L. 2010, p. 1173, § 27/SB 17.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, an apostrophe was deleted following "Teachers" in subsection (b).

Editor's notes.

- Ga. L. 1989, p. 1641, § 18, not codified by the General Assembly, provides that: "In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act."

Ga. L. 2010, p. 1173, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Government Transparency and Campaign Finance Act of 2010.'"

Ga. L. 2010, p. 1173, § 30, not codified by the General Assembly, provides, in part, that the amendment to this Code section applies to all reports filed on and after January 10, 2011.

OPINIONS OF THE ATTORNEY GENERAL

Requirements of notice given to public and to Governor.

- This section requires that, prior to a change in the compensation or allowances of any of the designated officials, notice must be given to the public and to the Governor. These notices must: (1) be given by the board or body having the authority to effect the compensation change; (2) advise of the proposed action (compensation change) and the amount; and (3) be given at least 30 days prior to the date on which the board or body shall consider the proposed change. 1979 Op. Att'y Gen. No. 79-31.

Sufficient compliance with notice requirements.

- Given the public nature of the board of trustees, and its meetings and records, the board will sufficiently comply with the public notice requirement of O.C.G.A. § 45-7-7 if a public announcement is made at a public meeting of the board, which would then be entered in the public minutes of the board. 1979 Op. Att'y Gen. No. 79-31.

Implied requirement in notice to Governor.

- The portion of this section requiring notice to the Governor does not use the words "and amount" which are found in the language requiring notice to the public. However, a reasonable interpretation of the intent of Ga. L. 1979, p. 392 would hold that the Governor should also be advised of the amount of the proposed change. 1979 Op. Att'y Gen. No. 79-31.

Terminal annual leave.

- When commissioner of natural resources resigned to become commissioner of labor, the commissioner was entitled to collect terminal annual leave from the department of natural resources. 1985 Op. Att'y Gen. No. 85-59.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 291 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 397.


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