Commissioner; Powers

  1. Law
  2. Georgia Code
  3. State Government
  4. Department of Community Affairs
  5. General Provisions
  6. Commissioner; Powers

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  1. The office of the commissioner of community affairs, as it existed immediately prior to July 1, 1989, shall continue to exist in accordance with this article. The commissioner shall be the department head, whose duties shall include serving as the department's chief executive officer and administrative head. The commissioner serving immediately prior to July 1, 1989, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner limited by any amount that may be specified in the appropriations Act.
  2. The commissioner shall have and may exercise the following power and authority:
    1. The power and authority to take or cause to be taken any or all action necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
    2. The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any local government services, to carry into effect the minimum standards and procedures for coordinated and comprehensive planning, or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
    3. The power and authority to certify, from time to time, municipalities and counties as qualified local governments, which certification shall not be unreasonably withheld; and
    4. The power and authority to assist the board in the performance of its duties, responsibilities, and functions and the exercise of its power and authority.

(Code 1981, §50-8-5, enacted by Ga. L. 1988, p. 38, § 1; Ga. L. 1989, p. 1317, § 2.1.)

Cross references.

- Duties of commissioner with regard to factory-built housing, § 8-2-110 et seq.

JUDICIAL DECISIONS

Sovereign immunity.

- County's claims against the Georgia Department of Community Affairs (DCA) commissioner and board members in their individual capacities were not barred by sovereign immunity; the county sought a declaration that under O.C.G.A. § 36-70-25.1(f) and the county's service delivery agreement, the county and its cities were eligible for state-administered financial assistance and that denial of such assistance was not in accordance with law. Bd. of Comm'rs of Lowndes County v. Mayor & Council of Valdosta, Ga. , S.E.2d (Sept. 28, 2020).


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