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2018 Georgia Code 36-5-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-5-22 Case Law from Google Scholar Amendments to OCGA 36-5-22

TITLE 36 LOCAL GOVERNMENT

Section 5. Organization of County Government, 36-5-1 through 36-5-29.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-5-22. County manager authorized.

  1. The governing authority of any county of this state or the General Assembly may create in and for those counties in which it deems necessary or advisable the office of county manager and may vest in such office powers, duties, and responsibilities of an administrative nature. The qualifications, method of selection, appointment, compensation, tenure, and such other related matters pertaining to the office of county manager shall be provided for by the governing authority of the county.
  2. Nothing in this Code section shall pertain to consolidated governments which include all the area within any county.
  3. This Code section shall not apply to any county having a population of more than 500,000 according to the United States decennial census of 1990 or any future such census.

(Ga. L. 1974, p. 435, §§ 1, 2; Ga. L. 1987, p. 1482, § 7; Ga. L. 1992, p. 2341, § 1.)

JUDICIAL DECISIONS

Constitutionality.

- Ga. L. 1974, pp. 435-6 which was codified as O.C.G.A. § 36-5-22, does not conflict with Ga. Const. 1976, Art. IX, Sec. II, Para. I (see Ga. Const. 1983, Art. IX, Sec. II, Para. I) and is constitutional. Gray v. Dixon, 249 Ga. 159, 289 S.E.2d 237 (1982).

County governing authority powers.

- Any attempt by the board of commissioners to confer "executive powers" on the office of county manager would be an "action affecting the . . . form . . . of the county governing authority" in violation of subsection (c)(2) of Ga. Const. 1983, Art. IX, Sec. II, Para. I. Gray v. Dixon, 249 Ga. 159, 289 S.E.2d 237 (1982).

Ordinance creating the office of county manager which tracked the language of O.C.G.A. § 36-5-22 and vested in that office certain administrative functions, and did not attempt to confer the executive powers reserved for the chair, was consistent with the county's home rule authority and did not violate Ga. Const. 1983, Art. IX, Sec. II, Para. I. Krieger v. Walton County Bd. of Comm'rs, 271 Ga. 791, 524 S.E.2d 461 (1999).

Defendant county manager did not have final authority over decisions that resulted in termination of an employee from the county; such authority rests with the board of commissioners under Georgia's home rule provisions in Ga. Const. 1983, Art. IX, Sec. II, Para. I. Lightsey v. Miles, (S.D. Ga. July 26, 2005).

Cases Citing Georgia Code 36-5-22 From Courtlistener.com

Total Results: 7

Board of Commissioners v. Callan

Court: Supreme Court of Georgia | Date Filed: 2012-01-09

Citation: 290 Ga. 327, 720 S.E.2d 608, 2012 Fulton County D. Rep. 70, 2012 Ga. LEXIS 20

Snippet: County v. Fieldale Farms Corp., supra. OCGA § 36-5-22.1 (a) (1) gives each county governing authority

Clayton County v. Sexton

Court: Supreme Court of Georgia | Date Filed: 2000-11-13

Citation: 273 Ga. 150, 538 S.E.2d 737, 2000 Fulton County D. Rep. 4181, 2000 Ga. LEXIS 863

Snippet: Ga. Const. Art. EX, Sec. IV, Par. II; OCGA §§ 36-5-22.1, 48-5-220. Furthermore, subsection (g) of OCGA

Griffies v. Coweta County

Court: Supreme Court of Georgia | Date Filed: 2000-05-30

Citation: 530 S.E.2d 718, 272 Ga. 506, 2000 Fulton County D. Rep. 2017, 2000 Ga. LEXIS 420

Snippet: Art. IX, Sec. I, Par. Ill (a). See OCGA § 36-5-22.1; Bd. of Commrs. of Randolph County v. Wilson

Krieger v. Walton County Board of Commissioners

Court: Supreme Court of Georgia | Date Filed: 1999-11-22

Citation: 524 S.E.2d 461, 271 Ga. 791, 99 Fulton County D. Rep. 4109, 1999 Ga. LEXIS 993

Snippet: 588, 229 S.E.2d 382 (1976). In addition, OCGA 36-5-22.1(b) grants "the governing authority of each county

Krieger v. Walton County Board of Commissioners

Court: Supreme Court of Georgia | Date Filed: 1998-07-16

Citation: 506 S.E.2d 366, 269 Ga. 678, 1998 Ga. LEXIS 773

Snippet: 164 (289 SE2d 237) (1982). OCGA § 36-5-22.1 (a). OCGA § 36-5-22.1 (b). See Guhl v. Williams, 237

Stephenson v. Board of Commissioners

Court: Supreme Court of Georgia | Date Filed: 1991-07-03

Citation: 405 S.E.2d 488, 261 Ga. 399, 1991 Ga. LEXIS 338

Snippet: and Para. 3, or under statutory law, see OCGA § 36-5-22.1. However, a county governing authority has the

Board of Commissioners of Randolph County v. Wilson

Court: Supreme Court of Georgia | Date Filed: 1990-10-24

Citation: 396 S.E.2d 903, 260 Ga. 482

Snippet: subject to the authority of the commission. OCGA § 36-5-22.1. The budget is under the control of the county