TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 20. Personnel Administration, 45-20-1 through 45-20-111.

ARTICLE 1 GENERAL PROVISIONS

45-20-4. Duties and responsibilities of commissioner in administration of this chapter.

The duties and responsibilities of the commissioner in the administration of this chapter shall be:

To serve as executive secretary to the board, to attend meetings as directed by the board, and to provide such professional, technical, and other supportive assistance as may be required by the board in the performance of its duties;
To submit to the Governor the rules and regulations adopted by the board. Such rules and regulations when approved by the Governor shall have the force and effect of law and shall be binding upon the state departments covered by this article and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, appointments, promotions, transfers, demotions, appeals of classified employees, reports of performance, payroll certification, and other phases of personnel administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms of this article and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include, but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges, or demotion because of political affiliation, religious affiliation, race, creed, national origin, sex, age between 40 and 70 years, or physical disability. Such rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by this article. Compensation plans and modifications thereto promulgated under the rules and regulations of the commissioner shall become effective as adopted upon approval of the director of the Office of Planning and Budget;
To administer the adoption and compliance with rules and regulations of the board in all departments;
To appoint and prescribe the duties of DOAS staff as necessary to carry out the duties of this chapter;
To establish an annual budget covering administrative costs of performing the duties and responsibilities in accordance with this chapter, including the costs of administering such federal laws relating to personnel administration as the Governor may direct including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of allocating the annual costs among the several departments served by the DOAS in accordance with this chapter, with the amounts and rates for such services to be established in each general or amended appropriations Act;
To ensure compliance with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration, and related matters; and
To cooperate with appointing authorities in the administration of this article in order to promote public service and establish conditions of service which will attract and retain employees of character and ability and to increase efficiency and economy in governmental departments by improving the methods of personnel administration with full recognition of the requirements and needs of management.

(Ga. L. 1975, p. 79, § 5; Ga. L. 1979, p. 780, §§ 2, 3; Ga. L. 1995, p. 1302, § 13; Ga. L. 2000, p. 1377, § 2; Ga. L. 2008, p. 546, § 4/SB 230; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 1-1/HB 642.)

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

U.S. Code.

- The Intergovernmental Personnel Act of 1970, referred to in this Code section, is codified as 42 U.S.C. § 4701 et seq.

JUDICIAL DECISIONS

The State Personnel Board's broad authority to promulgate rules and regulations includes the power to promulgate a veterans' preference into a reduction-in-force regulation. Brown v. State Merit Sys. of Personnel Admin., 245 Ga. 239, 264 S.E.2d 186 (1980).

Cited in Brownlee v. Williams, 233 Ga. 548, 212 S.E.2d 359 (1975); Herault v. Department of Human Resources, 137 Ga. App. 446, 224 S.E.2d 480 (1976); Beall v. Department of Revenue, 148 Ga. App. 5, 251 S.E.2d 4 (1978); State v. O'Neal, 155 Ga. App. 870, 273 S.E.2d 631 (1980); State v. Head, 163 Ga. App. 842, 296 S.E.2d 157 (1982); Morgan v. Department of Offender Rehabilitation, 166 Ga. App. 611, 305 S.E.2d 130 (1983); Clark & Stephenson v. State Personnel Bd., 252 Ga. 548, 314 S.E.2d 658 (1984).

OPINIONS OF THE ATTORNEY GENERAL

State commissioner of personnel administration is empowered to enter into an agreement with the Equal Employment Opportunity Commission (EEOC) whereby members of the state commissioner's staff would investigate, in accordance with EEOC rules and regulations, unlawful employment practices filed against state agencies with the EEOC, provided such investigations pertain to the classified service of the State Merit System. 1976 Op. Att'y Gen. No. 76-47.

Correction of supervisor's wrongful conduct.

- If a department head or the State Personnel Board determines that the employee would have received a merit salary increase, but for the supervisor's unauthorized consideration of the employee's race, sex or other improper criteria, the reviewing authority may take the necessary action to correct the supervisor's action including the awarding of back pay in the nature of granting the salary increase as of the date the employee would have received it but for the unauthorized consideration of improper criteria. 1976 Op. Att'y Gen. No. 76-62.

Permissible salary supplements.

- County salary supplements for local department of health and county department of family and children services employees who are in the classified service of the State Merit System of Personnel Administration are permissible if the supplements are in compliance with O.C.G.A. §§ 45-20-3(a) and45-20-4(b)(3), as well as with a plan providing for similar treatment of employees in the same class taking into account such factors as length of service, status, and service rating. 1976 Op. Att'y Gen. No. 76-97.

Bonuses.

- There is no provision in the Merit System Law, nor in its regulations, authorizing signing bonuses for new therapists employed by the Division of Rehabilitation Services of the Department of Human Resources. 1989 Op. Att'y Gen. No. 89-10.

Compensation of probation personnel under State Merit System.

- No compensation can be paid to any probation supervisor or other probation personnel employed by the Department of Corrections and serving in the classified service of the State Merit System beyond that authorized in the compensation plan established by the State Personnel Board. 1989 Op. Att'y Gen. No. 89-39.

Affirmative action responsibilities unaffected by "Fair Employment Practices Act".

- The 1983 amendments to O.C.G.A. §§ 45-19-27 and45-19-35 of the "Georgia Fair Employment Practices Act" do not infringe on the state personnel board or the personnel administration commissioner's responsibilities in the area of affirmative action plans. 1983 Op. Att'y Gen. No. 83-51.

Veterans' preference in reduction-in-force regulations.

- State Personnel Board does not have authority to amend or otherwise alter veterans' preference currently in board's regulations on reductions-in-force. 1982 Op. Att'y Gen. No. 82-48.

Absolute veterans' preference in reductions-in-force in the classified service of the State Merit System can constitutionally be amended only by appropriate action of the General Assembly. 1982 Op. Att'y Gen. No. 82-48.

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Civil Service, §§ 4 et seq., 20 et seq., 77, 92, 93.

C.J.S.

- 67 C.J.S., Officers, § 334 et seq. 81A C.J.S., States, § 240.

ALR.

- Power or discretion of civil service commission in respect of classifying or grading positions in civil service, 134 A.L.R. 1103.

Judicial construction and application of state legislation prohibiting religious discrimination in employment, 37 A.L.R.5th 349.

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