O.C.G.A.

O.C.G.A. § 38-2-210 (2019)

Appointment and promotion of commissioned officers; filling of vacancies; grounds for removal

✓ 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) All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the commanding general or the commanding officer of the force in which such officers are to serve, or are serving. In the filling of vacancies, preference shall be given to personnel of the organized militia of the state when they are otherwise qualified.

(b) Commissioned officers of the organized militia may be removed in accordance with the applicable laws of the United States and the provisions of this chapter and the regulations issued thereunder.

History

Ga. L. 1916, p. 158, § 3; Code 1933, §§ 86-505, 86-516; Ga. L. 1951, p. 311, § 18; Ga. L. 1955, p. 10,

§ 40; Ga. L. 1959, p. 114, § 1; Ga. L. 1996, p. 740, § 2.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Adjutant General’s authority includes the power to control the activities of the State Defense Force, to prescribe such officers as may be proper, and to plan and provide for training of the State Defense Force in a manner consistent with

the law and regulations prescribed by the Governor. If the Governor directs, the adjutant general may also prescribe regulations, but the adjutant general does not have authority to appoint commissioned officers. 1992 Op. Att’y Gen. No. 92-2.

RESEARCH REFERENCES C.J.S. - 6 C.J.S., Armed Services, § 341.