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2018 Georgia Code 49-3-3 | Car Wreck Lawyer

TITLE 49 SOCIAL SERVICES

Section 3. County and District Departments, Boards, and Directors of Family and Children Services, 49-3-1 through 49-3-9.

ARTICLE 2 INSPECTION WARRANTS FOR RESIDENTIAL CHILD CARE LICENSING

49-3-3. Appointment of county director; bond of county director.

  1. Each county board of family and children services shall recommend to the commissioner of human services one or more names for appointment to the position of county director. The commissioner is designated as the appointing authority for the department and may accept or reject any such recommendation.
  2. The county director shall give bond for the faithful performance of his duties and the faithful accounting of all moneys coming into his hands as such county director, in such a manner and under such terms and conditions as may be prescribed by the Department of Human Services.

(Ga. L. 1937, p. 355, § 11; Ga. L. 1951, p. 282, § 1; Ga. L. 2000, p. 240, § 2; Ga. L. 2008, p. 345, § 1/HB 715; Ga. L. 2009, p. 453, §§ 2-2, 2-4/HB 228.)

JUDICIAL DECISIONS

Commissioner not required to ignore considerations of local concern.

- If the commissioner determines that the local concern and reaction to the selection of the recommended applicant, arising not from the applicant's race or other impermissible criteria but from the public's perception of the applicant's ability to render them impartial service, would proximately result in the diminution of effectiveness to run the department, and would result in an adverse public image for the county and state departments, the commissioner should not be required to ignore such considerations in the commissioner's capacity as appointing authority. Horne v. Skelton, 152 Ga. App. 654, 263 S.E.2d 528 (1979).

Authority to decline county board's recommendation.

- As the administrative officer with the express power to make the appointment, it follows by necessary implication that the commissioner has the authority to decline to follow the county board's recommendation. Horne v. Skelton, 152 Ga. App. 654, 263 S.E.2d 528 (1979).

Cited in Employees Retirement Sys. v. Baughman, 241 Ga. 339, 245 S.E.2d 282 (1978).

OPINIONS OF THE ATTORNEY GENERAL

County boards and departments of family and children services.

- County boards and departments of family and children services are state instrumentalities and their employees are state employees. 1977 Op. Att'y Gen. No. U77-54.

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