O.C.G.A. § 45-10-4 (2019)
Code of ethics for members of boards, commissions, and authorities - Hearing; notice; removal of member from office; filling vacancies; judicial review
Upon formal charges being filed with the Governor relative to a violation of Code Section 45-10-3 on the part of a member of any such board, commission, or authority, the Governor or his designated agent shall conduct a hearing for the purpose of receiving evidence relative to the merits of such charges. The member so charged shall be given at least 30 days’ notice prior to such hearing. If such charges are found to be true, the Governor shall forthwith remove such member from office and the vacancy shall be filled as provided by law. Such hearing shall be held in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act,’’ and judicial review of any such decision shall be in accordance with such chapter.
History
(Ga. L. 1976, p. 344, § 3.)
Annotations
Law reviews. - For article, ‘‘Conflicts of Interests of Public Officers and Employees,’’ see 13 Ga. St. B.J. 64 (1976). JUDICIAL DECISIONS Laches. - Appeal by county board of education members of a judgment denying the members’ request to reverse the Governor’s order removing the members from office under O.C.G.A. § 45-10-4 for violating O.C.G.A. § 45-10-3 was not dismissed due to the doctrine of laches; the members were required by § 45-10-4 to proceed under the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., and no delay warranted the imposition of the doctrine of laches; the Governor’s order was signed on August 6, 2010, and the members filed the members’ petition for judicial review on August 12, 2010. Roberts v. Deal, 290 Ga. 705, 723 S.E.2d 901 (2012). Appeal dismissed as moot. - County board of education member’s appeal of a judgment denying a request to reverse the
Governor’s order removing the member from office under O.C.G.A. § 45-10-4 for violating O.C.G.A. § 45-10-3 was dismissed because the term to which the member had originally been elected expired. Roberts v. Deal, 290 Ga. 705, 723 S.E.2d 901 (2012). Removal of county board of education members. - Superior court erred in denying county board of education members’ request to reverse the Governor’s order removing the members from office under O.C.G.A. § 45-10-4 for violating O.C.G.A. § 45-10-3; § 45-10-3 does not embrace entities created by the Constitution of Georgia, and county school boards are creations of Ga. Const. 1983, Art. VIII, Sec. V, Para. II. Roberts v. Deal, 290 Ga. 705, 723 S.E.2d 901 (2012).
OPINIONS OF THE ATTORNEY GENERAL Act containing adverse matters constitutionally defective. - Ga. Const. 1976, Art. III, Sec. VII, Para. IV (see now Ga. Const. 1983, Art. III, Sec. V, Para. III), was designed for the prevention of surreptitious legislation, and the prevention of ‘‘omnibus’’ bills containing
many adverse matters; although it is not required that the title of an act contain an exact synopsis of the law itself, it is required that the matter following the enacting clause be definitely related to what is expressed in the title, and have a natural connection to the main object of the
PUBLIC OFFICERS & EMPLOYEES
legislation; therefore, the courts could rule the Act comprised of O.C.G.A. §§ 45-10-3 through 45-10-5, which Act imposes a general code of ethics on members of the Board of Human Resources and purports to take away the rule making authority of all boards, commissions, and authorities of state government, constitutionally defective (but other interpretations may militate against such construction). 1976 Op. Att’y Gen. No. 76-43.1. State Transportation Board member. - No conflict of interest exists under current state law if the firm of a member of the State Transportation Board performs work for another governmental entity unless the work is directly or indirectly for the benefit of the Georgia Department of Transportation. 1991 Op. Att’y Gen. No. U91-13. Lobbying. - So long as a member of the State Ethics Commission who is an
attorney refrains from lobbying, lawyers and others affiliated with the member’s law firm may, depending upon the particular facts and circumstances of each case, engage in lobbying without affecting the member’s service. 2002 Op. Att’y Gen. No. 2002-4. There is no general prohibition against the practice of administrative law and the representation of clients before state agencies by an attorney member of the State Ethics Commission and other members of his or her law firm. 2002 Op. Att’y Gen. No. 2002-4. Representation of local governments by members of commission. - An attorney member of the State Ethics Commission and other members of his or her law firm may generally represent local governments so long as the representation does not involve taking an action adverse to the commission itself. 2002 Op. Att’y Gen. No. 2002-4.
RESEARCH REFERENCES ALR. - Power to remove public officer without notice and hearing, 99 ALR 336. Pardon as preventing disbarment of attorney or removal of officer or as nullifying disbarment or removal, 143 ALR 172; 70 ALR2d 268.
Inefficiency or misconduct of deputy or subordinate as ground for removal of public officer, 143 ALR 517. Removal of public officers for misconduct during previous term, 42 ALR3d 691.