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O.C.G.A. § 45-10-23 — Full-time employees prohibited from transacting business with own state agency; exception for Board of Regents employees | Georgia Code
O.C.G.A. § 45-10-23 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 10. Codes of Ethics and Conflicts of Interest, 45-10-1 through 45-10-92.

ARTICLE 2 CONFLICTS OF INTEREST

45-10-23. Full-time employees prohibited from transacting business with own state agency; exception for Board of Regents employees.

  1. It shall be unlawful for any full-time employee, for himself or on behalf of any business, or for any business in which such employee or member of his family has a substantial interest to transact any business with the agency by which such employee is employed; provided, however, that neither this Code section nor any other provision of law shall prevent full-time employees of the Board of Regents of the University System of Georgia from serving as members of the governing boards of private, nonprofit, educational, athletic, or research related foundations and associations which are organized for the purpose of supporting institutions of higher education in this state and which in furtherance of this purpose may transact business with such institutions or with the Board of Regents of the University System of Georgia.
  2. Any person who knowingly violates subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28.

(Code 1981, §45-10-23, enacted by Ga. L. 1983, p. 1326, § 1; Ga. L. 1985, p. 882, § 1.)

Law reviews.

- For article, "Conflicts of Interests of Public Officers and Employees," see 13 Ga. St. B.J. 64 (1976).

OPINIONS OF THE ATTORNEY GENERAL

Conflict of interest proviso not affected by nonprofit corporation code.

- The proviso in O.C.G.A. § 45-10-23(a), negating a "conflict of interest" situation for board employees who serve on the governing boards of foundations and associations supporting higher education institutions, is not affected, limited, or modified by provisions of the Nonprofit Corporation Code, O.C.G.A. Ch. 3, T. 14, placing certain disclosure requirements upon directors and officers of nonprofit corporations. 1995 Op. Att'y Gen. No. 95-36.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 252 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 102, 103, 347, 348.

ALR.

- Public officer's relation to corporation as officer or stockholder as constituting interest within statute or rule of common law against public officer being interested in contract public, 140 A.L.R. 344.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.