O.C.G.A.

O.C.G.A. § 35-2-47 (2019)

Suspension pending dismissal

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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All officers, troopers, and communications officers who are in the classified service as defined by Code Section 45-20-2 may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder.

History

Ga. L. 1937, p. 322, art. 2, § 5; Ga. L. 1949, p. 70, § 7; Ga. L. 1976, p. 465, § 1; Ga. L. 1992, p. 3131, § 6; Ga. L. 1997, p. 880, § 2; Ga. L. 2000, p. 951, § 12-6; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-48/HB 642.

Annotations

Editor’s notes. - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: ‘‘Personnel, equipment, and facilities that were assigned to the State Personnel Administra-

tion as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.’’ This Act became effective July 1, 2012. Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: ‘‘Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.’’

OPINIONS OF THE ATTORNEY GENERAL Member may be suspended without prior hearing. - Any officer or trooper is entitled to a hearing before discharge, but the officer or trooper may be suspended

without hearing, provided that a hearing is to be held within 60 days after the suspension. 1948-49 Op. Att’y Gen. p. 714.

RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, § 79. 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 23 et seq. C.J.S. - 62 C.J.S., Municipal Corporations, § 110. 63 C.J.S., Municipal Corporations, §§ 608 et seq., 663 et seq., 745,

749. 67 C.J.S., Officers and Public Employees, §§ 220, 232 et seq., 247, 248. ALR. - Sexual misconduct or irregularity as amounting to ‘‘conduct unbecoming an officer,’’ justifying officer’s demotion or removal or suspension from duty, 9 A.L.R.4th 614.