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Call Now: 904-383-7448Upon 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.
(Ga. L. 1976, p. 344, § 3.)
- For article, "Conflicts of Interests of Public Officers and Employees," see 13 Ga. St. B.J. 64 (1976).
- 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).
- 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).
- 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).
- 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 legislation; therefore, the courts could rule the Act comprised of O.C.G.A. §§ 45-10-3 through45-10-5, 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.
- 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.
- 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.
- 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.
- Power to remove public officer without notice and hearing, 99 A.L.R. 336.
Pardon as preventing disbarment of attorney or removal of officer or as nullifying disbarment or removal, 143 A.L.R. 172; 70 A.L.R.2d 268.
Inefficiency or misconduct of deputy or subordinate as ground for removal of public officer, 143 A.L.R. 517.
Removal of public officers for misconduct during previous term, 42 A.L.R.3d 691.
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 2012-03-19
Citation: 723 S.E.2d 901, 290 Ga. 705, 2012 Fulton County D. Rep. 952, 2012 WL 932026, 2012 Ga. LEXIS 297
Snippet: office. Proceeding under the authority of OCGA § 45-10-4,[2] then-Governor Perdue[3] found that: Roberts
Court: Supreme Court of Georgia | Date Filed: 2000-01-31
Citation: 272 Ga. 98, 526 S.E.2d 853, 2000 Fulton County D. Rep. 420, 2000 Ga. LEXIS 76
Snippet: proceedings brought under the Code of Ethics (OCGA § 45-10-4). Second, the superior court’s judgment was subject