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2018 Georgia Code 38-2-151 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 38-2-151 Case Law from Google Scholar Amendments to OCGA 38-2-151

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 2 MILITARY ADMINISTRATION

38-2-151. Adjutant general - Duties; records; seal; effect of seal on documentary evidence.

  1. The adjutant general shall be chief of staff to the Governor and subordinate only to the Governor in matters pertaining to the Department of Defense and the military and naval affairs of the state.
  2. Whenever the Governor and those who would act in succession to him under the Constitution and laws of the state are unable to perform the duties of commander in chief, the adjutant general shall command the militia.
  3. It shall be the duty of the adjutant general:
    1. To direct the planning and employment of the forces of the organized militia in carrying out their state military mission;
    2. To establish unified command of state forces whenever they are jointly engaged; and
    3. To coordinate the military and naval affairs with the emergency management agency of the state.
  4. The adjutant general shall:
    1. Be custodian of all military records and shall keep the same indexed and available for ready reference;
    2. Keep an itemized account of all moneys received and disbursed from all sources;
    3. Make an annual report to the Governor on the condition of the organized militia with a roster of all commissioned officers and such other matters relating to the Military Division, Department of Defense as he shall deem expedient; and
    4. Cause the laws and regulations relating to the militia to be indexed, printed, bound, and distributed to all forces of the organized militia.
  5. The adjutant general shall further perform such duties pertaining to his office as from time to time may be provided by the laws, rules, and regulations of the United States and such as may be designated by the Governor.
  6. The adjutant general shall have a seal of office approved by the Governor, and all copies and papers in the Military Division, Department of Defense which are duly certified and authenticated under the seal shall be evidence in like manner as if the original were produced.

(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, § 24.)

Cross references.

- Authority of adjutant general to empower service contract security guards employed by Department of Defense to arrest summarily persons violating laws at or near facilities of Georgia Air National Guard and Georgia Army National Guard, § 50-16-15.

JUDICIAL DECISIONS

Negligent acts of adjutant general.

- Trial court erred in denying the state defense agency's motion for summary judgment on the civilian technician's claim that the negligent acts of the state adjutant general while the civilian technician was repairing federal equipment at a federal Air Force base caused the civilian technician's injury as the state adjutant general relationship with the federally-employed civilian technician was clearly military in nature and, thus, the state defense agency was protected by the doctrine of intra-military immunity. Ga. DOD v. Johnson, 262 Ga. App. 475, 585 S.E.2d 907 (2003).

OPINIONS OF THE ATTORNEY GENERAL

Adjutant general is vested with full control and authority over the affairs and employees of the Military Division, Department of Defense of the State of Georgia, and the adjutant general has full authority to enter into an agreement with the United States Department of Defense. 1963-65 Op. Att'y Gen. p. 619.

Adjutant general may issue regulations which are superior to local laws of the state, but only when the regulations pertain to the powers granted to the adjutant general under the terms of former Code 1933, § 86-501. 1954-56 Op. Att'y Gen. p. 558.

Delegation of power or authority.

- Adjutant general cannot delegate discretionary power or authority regarding the signing of state contracts but the adjutant general can implement guidelines regarding routine contracts and then, in writing, delegate to the Director of Strategic Resource Management the ministerial function of signing contracts within the guidelines. 1999 Op. Att'y Gen. No. 99-9.

RESEARCH REFERENCES

C.J.S.

- 6 C.J.S., Armed Services, § 344.

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