49-1-5. Suspension and removal of county board member, county director, or employee or official of department.
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In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail or statutory overnight delivery, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee by or under authority of Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty.
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In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal granted to such terminated director by or under the authority of Chapter 20 of Title 45, and the vacancy shall be filled as provided by law.
(Ga. L. 1941, p. 485, § 3; Ga. L. 2000, p. 240, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2009, p. 453, § 2-1/HB 228; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-93/HB 642.)
The 2012 amendment,
effective July 1, 2012, substituted "by or under authority of Chapter 20 of Title 45" for "under the State Personnel Administration by Chapter 20 of Title 45" in the next-to-last sentence of subsection (a); and substituted "granted to such terminated director by or under the authority of Chapter 20 of Title 45" for "such director may have under the State Personnel Administration by Chapter 20 of Title 45" near the middle of subsection (b).
Editor's notes.
- Ga. L. 2000, p. 1589,
§
16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
Ga. L. 2012, p. 446,
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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."
RESEARCH REFERENCES
ALR.
- Conclusiveness of governor's decision in removing or suspending officers, 92 A.L.R. 998.
