O.C.G.A.
O.C.G.A.

O.C.G.A. § 45-10-92 (2019)

Abuse of power and improper use of state employees by General Assembly members

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The committee shall serve the person against whom any complaint is made a copy of the complaint by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, within five business days of the committee's receipt of such complaint.

(b) The committee shall conduct a preliminary investigation of the merits of such complaint. If a complaint alleges a violation by one of the members of the committee, such member shall recuse himself or herself. If there are found no reasonable grounds to believe that improper conduct or sexual harassment has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. The committee shall not be required to conduct a hearing if there are no reasonable grounds to believe that improper conduct or sexual harassment has occurred. If the committee determines that there are such reasonable grounds to believe that improper conduct or sexual harassment has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The rules of the committee shall be invoked if a hearing occurs. The committee may report suspected violations of law to the appropriate law enforcement authority.

(c) Nothing in this Code section shall be construed to limit or encumber the right of the committee to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations to investigate improper conduct or sexual harassment.

(d) The committee shall adopt a retention standard for complaints and documents attached thereto.

History

(Code 1981, § 45-10-92, enacted by Ga. L. 2010, p. 1173, § 29/SB 17.)

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CHAPTER 11 MISCELLANEOUS OFFENSES CONCERNING PUBLIC OFFICERS AND EMPLOYEES

Sec.

45-11-1. Offenses involving public records, documents, and other items.

45-11-2. Selling office or dividing fees.

45-11-3. Assault under color of office.

45-11-4. Unprofessional conduct; misdemeanor; applicability.

45-11-5. Extortion generally.

45-11-6. Demanding more than legal fees for advertising.

45-11-7. Retaining compensation for legal advertisements.

45-11-8. Engaging in bail bond business.

45-11-9. Discrimination against optometrists or physicians in suggestions for visual care.

45-11-10. Coercion of other officer or employee to give anything of value for political purposes.

Annotations

Cross references. - Further provisions regarding criminal penalties for actions constituting abuse of governmental office, § 16-10-1 et seq.

Penalty for failure of public officer to carry out duty conferred by election laws, § 21-2-596.

RESEARCH REFERENCES

ALR. - Liability of governmental unit for intentional assault by employee other than police officer, 17 A.L.R.4th 881.