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O.C.G.A. § 10-9-6 — Appointment and terms of members of board of governors of authority; vacancies; travel expenses and per diem; status of members in office on November 1, 1982 | Georgia Code
O.C.G.A. § 10-9-6 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 10 COMMERCE AND TRADE

Section 9. Geo. L. Smith II Georgia World Congress Center, 10-9-1 through 10-9-61.

ARTICLE 1 GENERAL PROVISIONS

10-9-6. Appointment and terms of members of board of governors of authority; vacancies; travel expenses and per diem; status of members in office on November 1, 1982.

  1. The board of governors of the authority shall consist of 15 members. Each member shall serve for a term of four years, with the beginning and ending dates of terms to be specified by the Governor except that the four additional positions added in 1999 shall be appointed for initial terms ending July 1, 2002, but their successors shall be appointed for four-year terms. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general public; and no person holding any other office of profit or trust under the state shall be appointed to membership.
  2. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board.
  3. The members of the board of governors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly.
  4. The members of the authority in office on November 1, 1982, shall continue in office as members of the board of governors for the remainder of the terms for which they were appointed and until their successors are appointed and qualified pursuant to this Code section.

(Ga. L. 1972, p. 245, § 1; Ga. L. 1974, p. 174, § 2; Ga. L. 1975, p. 435, § 1; Ga. L. 1980, p. 1176, § 1; Code 1981, §10-9-3; Code 1981, §10-9-6, enacted by Ga. L. 1982, p. 1122, § 1; Ga. L. 1985, p. 149, § 10; Ga. L. 1991, p. 1686, § 1; Ga. L. 1992, p. 6, § 10; Ga. L. 1999, p. 1040, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, "four-year" was substituted for "four year" in the second sentence of subsection (a).

JUDICIAL DECISIONS

Legislators may not constitutionally be authority members.

- Legislator who participates as a member of the governing body of a public corporation such as the World Congress Center Authority is performing executive functions in violation of Ga. Const. 1976, Art. I, Sec. II, Para. IV (see now Ga. Const. 1983, Art. I, Sec. II, Para. III). Greer v. State, 233 Ga. 667, 212 S.E.2d 836 (1975) (decided under Ga. L. 1974, p. 174, prior to amendment by Ga. L. 1975, p. 435, § 1).

Former invalid provisions did not make rest of chapter unconstitutional.

- Former provisions of this section relating to legislative membership on the governing board held to be unconstitutional and stricken therefrom did not render the entire chapter unconstitutional. Greer v. State, 233 Ga. 667, 212 S.E.2d 836 (1975) (decided under Ga. L. 1974, p. 174, prior to amendment by Ga. L. 1975, p. 435, § 1).

OPINIONS OF THE ATTORNEY GENERAL

Former provisions were unconstitutional.

- Former provisions of this section were invalid to the extent that membership on the authority created thereby included officers of the legislative branch of state government, violating Ga. Const. 1976, Art. I, Sec. II, Para. IV (see now Ga. Const. 1983, Art. I, Sec. II, Para. III). 1974 Op. Att'y Gen. No. 74-109 (rendered under Ga. L. 1974, p. 174, prior to amendment by Ga. L. 1975, p. 435, § 1).

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.