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Call Now: 904-383-7448The militia of the state shall be commanded and its affairs administered pursuant to law by the Governor, as commander in chief, through the Department of Defense and the military division thereof which shall consist of the adjutant general, two assistant adjutants general, and such other officers, enlisted personnel, and civilian employees as the adjutant general shall from time to time prescribe; provided, however, that nothing in this Code section shall be construed to prejudice the status under the rules of the State Personnel Board of any person employed in the Military Division, Department of Defense. Such other officers, enlisted personnel, and civilian employees shall perform such duties as may be required by the adjutant general who shall fix their compensation subject to the rules of the State Personnel Board.
(Ga. L. 1951, p. 311, § 8; Ga. L. 1955, p. 10, § 22; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-60/HB 642.)
The 2012 amendment, effective July 1, 2012, in this Code section, substituted "in this Code section" for "herein" and substituted "rules of the State Personnel Board" for "State Personnel Administration" in two places.
- 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 Administration 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."
There shall be an adjutant general of the state who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing such person and who shall serve as such at the pleasure of the Governor. The adjutant general shall have not less than the rank of a major general, the specific rank to be determined by the Governor. The adjutant general shall not be less than 30 nor more than 65 years of age. No person shall be eligible to hold the office of adjutant general unless he or she holds or has held a commission of at least the rank of field grade or the equivalent in the organized militia of the state, in the armed forces of the United States, or in a reserve component thereof and shall have served not less than five years in one or more of such services at the time of his or her appointment. The adjutant general shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. The Governor shall require the adjutant general to give bond to the state, conditioned on the faithful discharge of the duties of the office, in the sum of $10,000.00 with good and sufficient security, to be approved by the Governor. Notwithstanding any other provisions of law, the adjutant general shall not be subject to the provisions of subsection (e) of Code Section 38-2-279, relating to pay for 18 days' absence and emergency pay.
(Ga. L. 1916, p. 158, § 3; Code 1933, § 86-501; Ga. L. 1935, p. 95, § 1; Ga. L. 1951, p. 311, § 9; Ga. L. 1955, p. 10, § 23; Ga. L. 1963, p. 10, § 2; Ga. L. 1967, p. 11, § 1; Ga. L. 1970, p. 299, § 1; Ga. L. 1972, p. 1015, § 902; Ga. L. 2001, p. 26, § 1.)
- Attempted appointment to the position of adjutant general, to which the appointee was ineligible for reasons of age, would not have the effect of removing the appointee from the appointee's position in the Georgia State Guard. 1945-47 Op. Att'y Gen. p. 517 (decided under former Code 1933, § 86-501).
- 6 C.J.S., Armed Services, § 344.
No results found for Georgia Code 38-2-132.