O.C.G.A.

O.C.G.A. § 45-19-4 (2019)

Termination of employment, forfeiture of civil service

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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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status, job rights, seniority, and emoluments upon violation of Code Section 45-19-2; eligibility of employee for reappointment. Any public employee who violates Code Section 45-19-2 shall be deemed to have terminated his or her employment; shall forfeit his or her civil service status, job rights, seniority, and emoluments, if any; and subsequent to such violation shall not be eligible for appointment

PUBLIC OFFICERS & EMPLOYEES

or reappointment or employment or reemployment in public employment for a period of three years after such violation except upon the following conditions: (1) His or her direct or indirect compensation shall in no event exceed that received by him or her immediately prior to the time of such violation; (2) His or her direct or indirect compensation shall not be increased for three years after such subsequent appointment or reappointment or employment or reemployment; and (3) He or she shall be on probation for a period of five years following such appointment or reappointment or employment or reemployment, during which period he or she shall serve without tenure and at the pleasure of the appointing or employing officer or body.

History

(Ga. L. 1962, p. 459, § 3; Ga. L. 1998, p. 1155, § 1.)

Annotations

Law reviews. - For article discussing right of Georgia state employees to partic-

ipate in strikes, see 4 Ga. L. Rev. 110 (1969).

JUDICIAL DECISIONS Cited in Local 189 Int’l Union of Police Ass’ns v. Barrett, 524 F. Supp. 760 (N.D. Ga. 1981). OPINIONS OF THE ATTORNEY GENERAL The Department of Transportation has no power to take steps to prevent any labor activity short of strikes and

other obstructions to the performance of the duties of employment. 1969 Op. Att’y Gen. No. 69-379.

RESEARCH REFERENCES ALR. - Removal of public officers for misconduct during previous term, 42 ALR3d 691. Damage liability of state or local public employees’ union officials for unlawful work stoppage, 84 ALR3d 336.

Who are employees forbidden to strike under state enactments or state common-law rules prohibiting strikes by public employees or stated classes of public employees, 22 ALR4th 1103.