Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Ga. Const. art. V, § II, ¶ X — Information from officers and employees | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE V. EXECUTIVE BRANCH

Paragraph X. Information from officers and employees.

The Governor may require information in writing from constitutional officers and all other officers and employees of the executive branch on any subject relating to the duties of their respective offices or employment.

1976 Constitution.

- Art. V, Sec. II, Para. VIII.

Cross references.

- Appointment of replacement officers, Ga. Const. 1983, Art. V, Sec. II, Para. VIII.

Ethics and Efficiency in Government Act, see Ch. 11, T. 28.

When offices deemed vacated and filling vacancies, § 45-5-1.

Code of ethics for government service, § 45-10-1.

JUDICIAL DECISIONS

Qualification for membership.

- This paragraph does not include any qualification of membership or any penalty by forfeiture of office for engaging in another business or profession. Partain v. Maddox, 227 Ga. 623, 182 S.E.2d 450 (1971).

Requirement that appointee tender undated resignation illegal.

- The Governor does not have the constitutional right to create a vacancy in an office by requiring the prospective appointee, either before or immediately after such appointment, to tender an undated resignation from such office, although it was not then contemplated by either party that the resignation would then and there take effect, but might at some remote uncertain day in the future be "accepted" by the Governor. Partain v. Maddox, 227 Ga. 623, 182 S.E.2d 450 (1971).

Cited in Maddox v. Fortson, 226 Ga. 71, 172 S.E.2d 595 (1970).

OPINIONS OF THE ATTORNEY GENERAL

Availability to Governor of files of State Board of Pardons and Paroles.

- It was not the intent of the law that the records of the State Board of Pardons and Paroles be kept secret from the Governor; files relating to a parole action should be made available to the Governor at the Governor's request. 1967 Op. Att'y Gen. No. 67-51.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 289 et seq.

ALR.

- Conclusiveness of governor's decision in removing officers, 52 A.L.R. 7; 92 A.L.R. 998.

Power to suspend or lay off public officers or employees for a temporary period without pay as an economy and not a disciplinary measure, 111 A.L.R. 432.