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2018 Georgia Code 21-5-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-5-4 Case Law from Google Scholar Amendments to OCGA 21-5-4

TITLE 21 ELECTIONS

Section 5. Ethics in Government, 21-5-1 through 21-5-76.

ARTICLE 1 GENERAL PROVISIONS

21-5-4. Georgia Government Transparency and Campaign Finance Commission; membership; officers; quorum; meetings.

  1. The Georgia Government Transparency and Campaign Finance Commission shall be a successor to the State Ethics Commission, with such duties and powers as are set forth in this chapter. As the successor commission, it shall have all the powers and duties granted to the State Ethics Commission in all matters pending before the State Ethics Commission and may continue to investigate, prosecute, and act upon all such matters.
  2. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Senate Committee on Assignments for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official or the committee that appointed the vacating member. Members of the commission shall not serve for more than one complete term of office.
  3. All members of the commission shall be residents of this state.
  4. Any person who:
    1. Has qualified to run for any federal, state, or local public office within a period of five years prior to such person's appointment;
    2. Has held any federal, state, or local public office within a period of five years prior to such person's appointment; or
    3. Serves as an officer of any political party, whether such office is elective or appointive and whether such office exists on a local, state, or national level

      shall be ineligible to serve as a member of the commission.

  5. The commission shall elect a chairperson, a vice chairperson, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission.
  6. A majority of the members of the commission constitutes a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the commission. No vacancy in the membership of the commission impairs the right of a quorum to exercise all rights and perform all duties of the commission.
  7. Meetings of the members of the commission shall be held at the call of the chairperson or whenever any two members so request.

(Code 1981, §21-5-4, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 3; Ga. L. 2005, p. 859, § 3/HB 48; Ga. L. 2006, p. 69, § 1/SB 467; Ga. L. 2010, p. 1173, § 3/SB 17.)

The 2006 amendment, effective April 14, 2006, part of an Act to revise, modernize, and correct the Code, substituted "by the state official or the committee that appointed the vacating member" for "by the state official who appointed the vacating member" in the next-to-last sentence of subsection (b).

The 2010 amendment, effective January 10, 2011, substituted the present provisions of subsection (a) for the former provisions, which read: "Those members serving on the State Campaign and Financial Disclosure Commission prior to March 1, 1987, shall serve for a term of office which expires March 1, 1987."; and, in subsection (b), deleted the former first sentence, which read: "There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter.", deleted the former second sentence, which read: "The commission shall be a successor to the State Campaign and Financial Disclosure Commission in all matters pending before the State Campaign and Financial Disclosure Commission on March 1, 1987, and may continue to investigate, prosecute, and act upon all such matters.", deleted the former fourth sentence, which read: "The initial members shall take office on March 2, 1987." and deleted the proviso at the end of the last sentence. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2005, p. 859, § 28, not codified by the General Assembly, provides that the Act shall not apply to any violation occurring prior to January 9, 2006.

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.

Administrative Rules and Regulations.

- Organization, Official Compilation of the Rules and Regulations of the State of Georgia, State Ethics Commission, Chapter 189-1.

Law reviews.

- For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 119 (2005).

JUDICIAL DECISIONS

Editor's notes.

- Due to the similarity of provisions and the possible continuing applicability of decisions under the former chapter (see Code Section 21-5-10), decisions under the former chapter are included in the annotations to this Code section.

Appointment of member by legislature not unconstitutional.

- The mere appointment, by a member of the legislative branch, of a nonlegislator to an executive commission, such as the State Campaign and Financial Disclosure Committee (now State Ethics Commission), is not a simultaneous discharge of duties and functions against which the constitutional doctrine of separation of powers is directed. Caldwell v. Bateman, 252 Ga. 144, 312 S.E.2d 320 (1984) (decided under the former chapter).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- Due to the similarity of provisions and the possible continuing applicability of opinions under the former chapter (see Code Section 21-5-10), opinions under the former chapter are included in the annotations to this Code section.

Reimbursement for food and lodging expenses.

- Members of the commission are not entitled to reimbursement for food and lodging expenses, but only for traveling expenses, i.e., the actual cost of transportation, depending on the type of carrier utilized, while engaged in the business of the commission. 1975 Op. Att'y Gen. No. 75-103 (decided under the former chapter).

Terms.

- Members of the Georgia Government Transparency and Campaign Finance Commission may serve no more than one complete four year term of office, as set by law, and may for a period of less than a complete term hold over in office until his successor is duly appointed and properly takes office. 2011 Op. Att'y Gen. No. 11-4.

Cases Citing Georgia Code 21-5-4 From Courtlistener.com

Total Results: 1

Atlanta Journal & Atlanta Constitution v. Long

Court: Supreme Court of Georgia | Date Filed: 1988-07-13

Citation: 369 S.E.2d 755, 258 Ga. 410, 15 Media L. Rep. (BNA) 1821, 1988 Ga. LEXIS 328

Snippet: the limitation from the court's order. Cf. USCR 21.5.[4] We draw this inference by interpreting the nature