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O.C.G.A. § 45-10-41 — Penalty for profiting from contracts with state institutions generally; discharge from office | Georgia Code

O.C.G.A. § 45-10-41 (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

45-10-41. Penalty for profiting from contracts with state institutions generally; discharge from office.

Any member of the Board of Regents of the University System of Georgia or of the Board of Human Services or any trustee or other officer of any institution supported wholly or in part by state funds who violates Code Section 45-10-40 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed in Code Section 17-10-3. If any member of the Board of Regents of the University System of Georgia or of the Board of Human Services is found guilty of violating Code Section 45-10-40, his office shall become vacant; and it is the duty of the Governor, where the power to fill the vacancy is lodged in the Governor, to appoint some other person to fill the vacancy. If any trustee or other officer of such institution is found guilty of violating Code Section 45-10-40, he shall be discharged from his office in such institution and shall not be eligible to be reelected or reappointed to such office; and the vacancy shall be filled by the board or the authority which, under the law, has the right to fill such vacancy.

(Ga. L. 1918, p. 266, § 2; Code 1933, § 89-9915; Ga. L. 1990, p. 8, § 45; Ga. L. 2009, p. 453, § 2-3/HB 228.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 375.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 450, 452, 453.

ALR.

- Relation as creditor of contracting party as constituting interest within statute or rule of common law against public officer being interested in contract with the public, 73 A.L.R. 1352.

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.

Removal of public officers for misconduct during previous term, 42 A.L.R.3d 691.

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This Georgia Code resource is curated by Graham Syfert, 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.