Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 42-9-15 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-9-15 Case Law from Google Scholar Amendments to OCGA 42-9-15

TITLE 42 PENAL INSTITUTIONS

Section 9. Pardons and Paroles, 42-9-1 through 42-9-90.

ARTICLE 1 GENERAL PROVISIONS

42-9-15. Conflicts of interest by members or employees of board.

  1. Except as provided in subsections (b) and (c) of this Code section, no member of the board or full-time employee thereof, during his or her service upon or under the board, shall engage in any other business or profession or hold any other public office which business, profession, or office conflicts with his or her official duties as a member of the board or as an employee thereof; nor shall he or she serve as a representative of any political party or any executive committee or other governing body thereof, or as an executive officer or employee of any political committee, organization, or association; nor shall he or she be engaged on the behalf of any candidate for public office in the solicitation of votes or otherwise become a candidate for public office, without resigning from the board or from employment by the board.
  2. Except as provided by subsection (c) of this Code section, an employee of the board shall not be required to resign from employment by the board if he or she becomes a candidate for a public office of a county, school district, or municipality which does not require full-time service or accepts appointment to such an office.
  3. An employee of the board shall be required to resign from employment by the board if he or she becomes a candidate for the General Assembly or becomes a candidate for or accepts appointment to a public office which requires full-time service.

(Ga. L. 1943, p. 185, § 10; Ga. L. 1997, p. 556, § 1.)

JUDICIAL DECISIONS

Political party membership.

- If being a member of the Democratic executive committee made the defendant the holder of an "office" at the time of the defendant's appointment as a member of the State Board of Pardons and Paroles, the defendant would not thereby forfeit the defendant's appointment as a member of such board. McLendon v. Everett, 205 Ga. 713, 55 S.E.2d 119 (1949).

Section does not provide any penalty for violation.

- Statute does not declare that, if a member of the board shall serve as a representative of a political party, or engage in any other business or profession, the member shall thereby forfeit the member's office. The General Assembly might have provided that a member of the Democratic executive committee could not be appointed as a member of the board, and might have declared a member of the committee to be ineligible for appointment on the board. The legislature did not do this. The legislature provided that a member of the board should not serve as an executive officer or employee of any political committee. McLendon v. Everett, 205 Ga. 713, 55 S.E.2d 119 (1949); McLendon v. Wilburn, 206 Ga. 646, 58 S.E.2d 423 (1950).

Engaging in another profession.

- This section does not include any qualification of membership or any penalty by forfeiture of office for engaging in another business or profession. Partain v. Maddox, 227 Ga. 623, 182 S.E.2d 450 (1971).

Termination not constitutional violation.

- Termination of plaintiff's position as a parole review officer of the board of pardons and paroles after the plaintiff's election to county and state political party committees does not violate the plaintiff's constitutional rights of due process and equal protection or the plaintiff's constitutionally protected rights of political speech and association. MacKenzie v. Snow, 675 F. Supp. 1333 (N.D. Ga. 1987).

No modification by O.C.G.A. § 45-10-70. - O.C.G.A. § 45-10-70 does not expressly or impliedly repeal O.C.G.A. § 42-9-15. It is reasonable for the General Assembly to loosen its limitations on political activity for state employees generally in the first provision, while continuing to prohibit pardon and parole board members and employees from engaging in political activity in the second provision. MacKenzie v. Snow, 675 F. Supp. 1333 (N.D. Ga. 1987).

OPINIONS OF THE ATTORNEY GENERAL

No modification by § 45-10-70. - O.C.G.A. § 45-10-70 does not repeal, supersede, or otherwise modify O.C.G.A. § 45-9-15 as it applies to the political activities of a full-time employee of the State Board of Pardons and Paroles since § 45-10-70 only prohibits the promulgation of rules and regulations affecting an employee's ability to engage in certain political activity. 1987 Op. Att'y Gen. No. 87-16.

Violation as basis for disciplinary action under rules.

- Violation of the Merit System rules governing political activity or violation of O.C.G.A. § 45-9-15 by a classified employee can be used as a valid basis for disciplinary action (including dismissal) or forfeiture of the position under the rules. 1987 Op. Att'y Gen. No. 87-16.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Public Officers and Employees, §§ 36, 37, 39, 40, 64 et seq., 68 et seq., 77.

No results found for Georgia Code 42-9-15.