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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).

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