O.C.G.A.

O.C.G.A. § 48-5-140 (2019)

Accountability of tax collectors and tax commissioners to county governing authority; effect of failure to account; appointment of successor

✓ 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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(a) It shall be the duty of the tax collector or tax commissioner to render annually to the county governing authority an account of his official actions respecting the county taxes and funds and to make his books, vouchers, accounts, and all things pertaining to his office available for inspection by the county governing authority.

(b)(1) The failure or refusal of any tax collector or tax commissioner to render the account required by subsection (a) of this Code section after being so notified by the governing authority of the county shall constitute malpractice in office. Conviction for such malpractice shall subject the offender to removal from office.

(2) Pending the continuance of the failure or refusal of the tax collector or tax commissioner to render the account after the notice by the governing authority, the governing authority shall suspend the tax collector or tax commissioner from duty and an interim tax collector or tax commissioner shall be appointed as provided in Code Section 48-5-211 to collect the county taxes during the suspension and until the question of removal can be passed upon and decided by the proper tribunal. Proper bonds as provided by law shall be taken from the person so appointed.

(3) The power given by this Code section to inquire into the affairs of the tax collector or tax commissioner and to suspend him from office in certain cases shall in no way affect the tax collector’s or tax commissioner’s own liability or that of the sureties of his official bond.

History

Ga. L. 1882-83, p. 82, §§ 1, 2; Civil Code 1895, §§ 418, 419; Civil Code 1910, §§ 527, 528; Code 1933, §§ 92-4906, 92-

4907; Code 1933, § 91A-1339, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1992, p. 2411, § 7.

Annotations

JUDICIAL DECISIONS County governing authority acts in judicial or quasi-judicial capacity. - In a proceeding under former Civil Code 1910, § 527 or § 528 (see now O.C.G.A. § 36-6-22 or O.C.G.A. § 48-5-140), the

ordinary (now county governing authority) acted in a judicial or quasi-judicial capacity. Riner v. Flanders, 173 Ga. 43, 159 S.E. 693, 1931 Ga. LEXIS 256 (1931).

RESEARCH REFERENCES ALR. Provisions of tax statute as to time for

performance of acts by boards or officers as mandatory or directory, 151 A.L.R. 248.

Notes of Decisions

Cited in 1 case, 1999–1999 · leading case: Bruce v. Maxwell, 515 S.E.2d 149 (Ga. 1999).

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Bruce v. Maxwell, 515 S.E.2d 149 (Ga. 1999). · cites it 2× “Pursuant to OCGA § 48-5-140, the board notified Bruce that she was to render an account, and a hearing was held for that purpose.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.