Bonds - Requirement of Officers Holding State Funds; Requirement of Additional Bond or Security; Declaring Office Vacant Upon Failure to Give Additional Security; Reduction of Bonds; Substitution of New Bonds

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Accounting for Public Funds
  5. Bonds - Requirement of Officers Holding State Funds; Requirement of Additional Bond or Security; Declaring Office Vacant Upon Failure to Give Additional Security; Reduction of Bonds; Substitution of New Bonds

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  1. The state authorities shall require all collecting officers and all officers to hold public funds, so far as relates to moneys or revenues of the state, to give bond, on or before entering on the duties of their office, appointment, or employment, with good security for the faithful performance of the duties of their office and faithfully to account for all moneys coming into their hands, together with such other conditions as the laws may require as to the official bond of the particular officer in question.
  2. If the state authority having supervision or control over the officer or the conduct of his office shall deem at any time that the bond given by such officer is insufficient in amount or is inadequate as to security, he shall notify such officer to give an additional bond or to increase the security. If within the time required by such state authority the officer fails to give the additional bond or to make adequate the security, the state authority shall, if the same be an office the incumbent of which such state authority has the jurisdiction or power to remove, declare the office vacant. If it is an office the incumbent of which such state authority does not have the power to remove, the state authority shall report the same to the Governor; and thereupon, if it be an office the incumbent of which the Governor has power to remove for cause, the Governor, after giving such officer opportunity to be heard, shall have the power to declare the office vacant. If it relates to an officer who can be removed only by impeachment proceedings, the Governor shall report the same to the General Assembly. The Governor shall have concurrent jurisdiction with all other proper authorities to require any collecting officer or any officer to hold public funds to give additional bond or security.
  3. The Governor or other proper state authority shall have the jurisdiction and authority to allow any collecting officer or any officer to hold public funds of the state to reduce his bond by an order discharging the existing bonds of such officer from future liability and the giving of a new bond by said officer in the reduced amount which shall not be below the amount required of such officer as a minimum by the laws of this state.
  4. The Governor or other proper state authority shall have the jurisdiction and authority to allow any such officer to substitute a new bond for his existing bond or bonds and to discharge the existing bond or bonds as to future liability by an order to that effect.

(Ga. L. 1933, p. 78, § 3; Code 1933, § 89-806.)

Cross references.

- Giving of bonds by public officers generally, T. 45, C. 4.

JUDICIAL DECISIONS

Cited in Employers Liab. Assurance Corp. v. Lewis, 101 Ga. App. 802, 115 S.E.2d 387 (1960).

OPINIONS OF THE ATTORNEY GENERAL

Liability of employee for failure to account.

- A default by an employee in the employee's obligation to account for the funds advanced to the employee for the purposes stated in Ga. L. 1973, p. 842, § 1 (see now O.C.G.A. § 45-7-25) was a failure "faithfully to account for all moneys coming into (his) hands," and thus was a claim cognizable under the bond required by former Code 1933, § 89-806 and Ga. L. 1964, p. 282, § 1 (see now O.C.G.A. §§ 45-8-2 and45-8-8); in the event the employee is not bonded as required by former Code 1933, § 89-806, then the limitation of liability with respect to the principal and surety on the bond of the head of that state department contained in Ga. L. 1964, p. 282, § 1 was is no longer applicable and the historical rules of liability would in that event apply to the department head and surety. 1973 Op. Att'y Gen. No. 73-87.

Requiring additional bond from school superintendent.

- A county board of education may require a county school superintendent to give an additional bond or to increase the security if in the opinion of the board the present bond is insufficient in amount or is inadequate as to security. 1957 Op. Att'y Gen. p. 105.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 351, 352.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 473.


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