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2018 Georgia Code 25-4-3 | Car Wreck Lawyer

TITLE 25 FIRE PROTECTION AND SAFETY

Section 4. Firefighter Standards and Training, 25-4-1 through 25-4-31.

ARTICLE 1 GENERAL PROVISIONS

25-4-3. Georgia Firefighter Standards and Training Council - Establishment and organization; advisory committee; expenses and allowances.

  1. The Georgia Firefighter Standards and Training Council is established. The council shall be composed of 11 members, one of whom shall be the Safety Fire Commissioner or the designated representative of the Safety Fire Commissioner. Two members shall be appointed by the Lieutenant Governor. Two members shall be appointed by the Speaker of the House of Representatives. The remaining six members shall be appointed by the Governor subject to the following requirements:
    1. One member shall be a member of the governing authority of a county;
    2. One member shall be a member of the governing authority of a municipality;
    3. One member shall be a city or county manager;
    4. One member shall be the chief of a county or municipal fire department; and
    5. Two members shall be state certified firefighter training officers.
  2. The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor. However, the Governor may consider for appointment to the council persons suggested for membership thereon as follows:
    1. The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section;
    2. The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of subsection (a) of this Code section;
    3. The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of subsection (a) of this Code section;
    4. The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and
    5. The Executive Board of the Georgia State Firemen's Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of subsection (a) of this Code section.
    1. The first members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 1986. The two members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed for initial terms of one year, the two members appointed pursuant to paragraphs (3) and (4) of subsection (a) of this Code section shall be appointed for initial terms of two years, and the two members appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as the respective terms of office expire.
    2. The members appointed by the Lieutenant Governor and the members appointed by the Speaker of the House of Representatives shall each serve for terms concurrent with terms of members of the General Assembly.
    3. All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the council for any reason, including ceasing to hold an office or position required for membership on the council, the Governor shall fill such vacancy for the unexpired term; except that a vacancy in either of those members of the council appointed by the Lieutenant Governor or the Speaker of the House of Representatives shall be filled for the remainder of the unexpired term in the same manner as the original appointment. In order for the Governor to consider the names of persons suggested for membership on the council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the council who take office on January 1, 1986. The Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governor's consideration in making an appointment to fill a vacancy.
  3. At the first regular meeting of the council held in each even-numbered year, the council shall elect a chairperson and such other officers from its own membership as it deems necessary to serve until successors are elected by the council as provided in this subsection.
  4. The council may, from time to time, designate an advisory committee of not more than three members to assist and advise the council in carrying out its duties under this chapter. The members of any such advisory committee shall serve at the pleasure of the council.
  5. Each member of the council and each member of an advisory committee of the council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of professional licensing boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety.

(Ga. L. 1971, p. 693, § 3; Ga. L. 1976, p. 1725, § 9; Ga. L. 1985, p. 1493, § 2; Ga. L. 1986, p. 10, § 25; Ga. L. 2000, p. 1706, § 19; Ga. L. 2003, p. 888, § 5; Ga. L. 2004, p. 631, § 25; Ga. L. 2015, p. 5, § 25/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "11 members" for "eleven members" in the second sentence of the introductory paragraph of subsection (a).

Administrative Rules and Regulations.

- Organization of Georgia Firefighters Minimum Standards Council and the minimum standards and qualifications of firefighters, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Firefighter Standards and Training Council, Chapters 205-1-1 and 205-2-1.

OPINIONS OF THE ATTORNEY GENERAL

Inmate firefighters should be considered volunteer firefighters as defined in O.C.G.A. § 25-4-3 and not a separate category. The Georgia Firefighter Standards and Training Council has the authority to set minimum requirements for volunteer firefighters, the category to which inmates belong, serving as firefighters on fire departments as defined in O.C.G.A. § 25-3-21 and to establish and modify by rule and regulation minimum requirements for such fire departments generally, regardless of whether the departments are staffed solely or partially with inmate firefighters. 2012 Op. Att'y Gen. No. 12-4.

Cases Citing Georgia Code 25-4-3 From Courtlistener.com

Total Results: 3

Murray County v. R & J MURRAY, LLC

Court: Supreme Court of Georgia | Date Filed: 2006-03-13

Citation: 627 S.E.2d 574, 280 Ga. 314, 2006 Fulton County D. Rep. 719, 2006 Ga. LEXIS 166

Snippet: Ga. 17, 549 S.E.2d 67 (2001). [2] OCGA § 12-8-25.4. [3] The County also found that the unrestricted

Georgia Power Co. v. Hunt

Court: Supreme Court of Georgia | Date Filed: 1996-02-12

Citation: 266 Ga. 331, 466 S.E.2d 846, 96 Fulton County D. Rep. 594, 1996 Ga. LEXIS 63

Snippet: 6) (1981), quoting 3B Moore’s Federal Practice 25.04[3] (1980). Consequently, in analyzing whether a case

Goodyear v. Trust Co. Bank

Court: Supreme Court of Georgia | Date Filed: 1981-11-04

Citation: 248 Ga. 407, 1981 Ga. LEXIS 1035, 284 S.E.2d 6

Snippet: substantive law.” 3B Moore’s Federal Practice ¶¶ 25.04[3] (1980).2 As stated in the prior decision of this