O.C.G.A.

O.C.G.A. § 37-2-6.3 (2019)

Public body; lawsuits; debts, obligations, and liabilities

✓ 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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(a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1.

(b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation.

(c) The governing board of a community service board as well as the community service board itself shall be prohibited from bringing any action against the state.

(d) Debts, obligations, and liabilities of a community service board are not debts, obligations, or liabilities of the state or of the counties in which such board operates. A community service board is prohibited from entering into debts, obligations, or liabilities which are also debts, obligations, or liabilities of the state or of any county.

History

Code 1981, § 37-2-6.3, enacted by Ga. L. 2002, p. 1324, § 2-6; Ga. L. 2009, p. 8, § 37/SB 46; Ga. L. 2009, p. 453,

§ 3-1/HB 228; Ga. L. 2014, p. 309, § 6/SB 349.

Annotations

JUDICIAL DECISIONS Fiscal autonomy. - Because O.C.G.A. § 37-2-11.1 stated community service boards (CSB) were not agencies of the state or any specific county and that the boards had the same immunity as counties and counties were not arms of the state and did not have Eleventh Amendment immunity, the defendant, a CSB former employer, was not entitled to Eleventh Amendment immunity on a plaintiff former employee’s discrimination claim; it was noted that CSB were fiscally autono-

mous and solely liable for any losses due to suit under O.C.G.A. §§ 37-2-6(a) and 37-2-6.1(b)(16), and O.C.G.A. § 37-2-6.3(c) specifically made CSB solely liable in litigation; thus, there was no question that CSB were fiscally autonomous. Peery v. Serenity Behavioral Health Sys., No. CV106-172, 2009 U.S. Dist. LEXIS 37819 (S.D. Ga. May 4, 2009). Cited in Johnson v. Ogeechee Behavioral Health Servs., 479 F. Supp. 2d 1357 (S.D. Ga. 2007).

Notes of Decisions

Cited in 1 case, 2007–2007 · leading case: Johnson v. Ogeechee Behavioral Health Servs., 479 F. Supp. 2d 1357 (S.D. Ga. 2007).

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Johnson v. Ogeechee Behavioral Health Servs., 479 F. Supp. 2d 1357 (S.D. Ga. 2007). · cites it 6× “Though CSBs are public bodies under O.C.G.A. § 37-2-6.3(a), they can bring suit and be sued, O.”

— 37-2-6.3(a) — 1 case

Johnson v. Ogeechee Behavioral Health Servs., 479 F. Supp. 2d 1357 (S.D. Ga. 2007). “Though CSBs are public bodies under O.C.G.A. § 37-2-6.3(a), they can bring suit and be sued, O.”

— 37-2-6.3(b) — 1 case

Johnson v. Ogeechee Behavioral Health Servs., 479 F. Supp. 2d 1357 (S.D. Ga. 2007). “Though CSBs are public bodies under O.C.G.A. § 37-2-6.3(a), they can bring suit and be sued, O.”

— 37-2-6.3(c) — 1 case

Johnson v. Ogeechee Behavioral Health Servs., 479 F. Supp. 2d 1357 (S.D. Ga. 2007). “Though CSBs are public bodies under O.C.G.A. § 37-2-6.3(a), they can bring suit and be sued, O.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.