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O.C.G.A. § 45-2-5 — Municipal or county governments not to require residence as condition of employment | Georgia Code
O.C.G.A. § 45-2-5 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 2. Eligibility and Qualifications for Office, 45-2-1 through 45-2-45.

ARTICLE 1 GENERAL PROVISIONS

45-2-5. Municipal or county governments not to require residence as condition of employment.

No municipal or county government in this state shall require as a condition of employment by such government that applicants for employment as officers or employees, or such officers or employees now or hereafter employed, must reside within the boundaries of the municipality or county.

(Ga. L. 1975, p. 1576, § 1.)

Law reviews.

- For article discussing effect of City of Atlanta v. Myers, 240 Ga. 261, 240 S.E.2d 60 (1977), on limits of municipal government autonomy, see 12 Ga. L. Rev. 805 (1978). For article, "The United States Supreme Court as Home Rule Wrecker," see 34 Mercer L. Rev. 363 (1982).

JUDICIAL DECISIONS

Ordinance restricting residence held unconstitutional.

- Ordinance of the City of Atlanta providing residential requirements for officers and employees of the police and fire bureaus contrary to this section is unconstitutional and void under Ga. Const. 1976, Art. I, Sec. II, Para. VII (see now Ga. Const. 1983, Art. III, Sec. VI, Para. IV). City of Atlanta v. Myers, 240 Ga. 261, 240 S.E.2d 60 (1977).

Ordinance not in conflict with this section.

- A city ordinance requiring all public safety personnel to reside within 8.75 miles of city hall, is not in conflict with O.C.G.A. § 45-2-5 because this ordinance does not impose a distance requirement which makes residence within the political subdivision necessary. Dixon v. City of Perry, 262 Ga. 212, 416 S.E.2d 279 (1992).

Residency not required.

- County attorney is not a county elected official, but rather is a county employee, so the residency requirement of O.C.G.A. § 45-2-1(1) does not apply to the county attorney under Ga. Const. 1983, Art. IX, Sec. I, Para. III and O.C.G.A. § 45-2-5; a county attorney is entitled to sovereign immunity as a county employee. Wallace v. Greene County, 274 Ga. App. 776, 618 S.E.2d 642 (2005).

OPINIONS OF THE ATTORNEY GENERAL

Qualifications of voter registrars and deputy registrars established by former Code 1933, are unaffected by Ga. Laws 1975, p. 1576 (see now O.C.G.A. § 45-2-5), prohibiting counties and municipalities from requiring employees to reside within. 1975 Op. Att'y Gen. No. 75-111.

City of Commerce may not require that city manager be elector of municipality.

- See 1986 Op. Att'y Gen. No. U86-12.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 80 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 26.

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