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Ga. Const. art. IV, § III, ¶ I — State Personnel Board | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE IV. CONSTITUTIONAL BOARDS AND COMMISSIONS

Paragraph I. State Personnel Board.

(a) There shall be a State Personnel Board which shall consist of five members appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for five years. Members shall serve until their successors are appointed and qualified. A member of the State Personnel Board may not be employed in any other capacity in state government. A chairman shall be selected by the members of the board from its membership.

(b) The board shall provide policy direction for a State Merit System of Personnel Administration and may be vested with such additional powers and duties as provided by law. State personnel shall be selected on the basis of merit as provided by law.

1976 Constitution.

- Art. IV, Sec. VI, Para. I.

Cross references.

- Veterans' preference in employment, Ga. Const. 1983, Art. IV, Sec. III, Para. II.

State Merit System of Personnel Administration generally, § 45-20-1 et seq.

JUDICIAL DECISIONS

General Assembly was authorized to provide systems for public employment.

- Ga. Const. 1983, Art. IV, Sec. III, Para. I left it to the General Assembly to create a state merit system by the enactment of laws regarding selection of state personnel based on merit; legislation providing systems for public employment was subject to amendment or even repeal, and so the 1996 and 2000 amendments to O.C.G.A. § 45-20-2(15) (see paragraph (12)) were not unconstitutional. SEIU v. Perdue, 280 Ga. 379, 628 S.E.2d 589 (2006).

Director was employee not official.

- Summary judgment for community service board on a former executive director's breach of employment contract claim was reversed because the trial court erred in determining that the director was an official instead of an employee under the State of Georgia Merit Protection System; community service boards constituted state agencies as local units of the Department of Human Resources, and any state agency expressly had the power to contract on any subject matter within the agency's interest. Ashe v. Clayton County Cmty. Serv. Bd., 262 Ga. App. 738, 586 S.E.2d 683 (2003)(Unpublished).

OPINIONS OF THE ATTORNEY GENERAL

Employment as attorney for private client prohibited.

- A member of the State Personnel Board is prohibited from representing a private client for a fee in a court of law or in any other adversarial proceeding where such representation might defeat the official public actions of another public officer. 1991 Op. Att'y Gen. 91-25.

RESEARCH REFERENCES

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 66.

ALR.

- Time as of which eligibility or ineligibility to office is to be determined, 143 A.L.R. 1026.